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City Council Minutes 2011 07-26-11 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,JULY 26,2011 Mayor Golinski called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL City Clerk Warren called the roll. Ward I Gilson Present Colosimo Present Ward II Milschewski Present Kot Present Ward III Munns Present Funkhouser Present Ward IV Spears Present Teeling Present Also present: City Clerk Warren,City Treasurer Powell, City Attorney Orr,City Administrator Olson, Police Chief Hart,Deputy Chief of Police Hilt,Public Works Director Dhuse,Finance Director Fredrickson,Executive Director of the Y.E.D.C. Lynn Dubajic,EEI Engineer Jeff Freeman,and Community Development Director Barksdale-Noble. QUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. PRESENTATIONS Commendations for Detective Stacey Mott and Officer Jeffrey Johnson Mayor Golinski called Detective Mott and Officer Johnson to come to the front.Police chief Hart presented Officer Johnson and Detective Mott with a certificate for their outstanding work. PUBLIC HEARINGS Raging Waves Amended Annexation Agreement (PC 2011-05) Please, see attached report of proceedings by Christine Vitosh C.S.R.from Depo Court Reporting Service for the transcription of this portion of the meeting. CITIZEN COMMENTS Jesus Alaniz,Colonial Parkway,addressed the issues of a mandatory sprinkler requirement for new construction of residential homes. He compares the number of fires(58,000)to the number of criminal acts(835,000)in 2009.The rationale to force citizens to have sprinklers to protect against fire damage is like forcing citizens to have guns to protect themselves crime. He remarked that the Constitution does not give the government the right to force citizens to purchase anything let alone sprinklers. He stated that the state of the economy is in question,gas prices are at near record high levels, home values down,and foreclosures up.The job market is poor and the credit from the banks is tight. He commented on three main points. President Obama's program to halt foreclosures until the economy recovers cannot continue and will eventually increase the number of homes on the market thus lowering their values.President Obama also has halted more of the"Rubber Stamp"which will also result in more foreclosures and then more inventories.A sales tax on homes to pay for the National Healthcare Program will limit the number of people who will even be able to buy a home again especially noting the banks further tightening of credit.These factors,coupled with a poor employment level in the state,means fewer will be able to purchase a new home.Mandating sprinklers will only make it more expensive for contractors to build, which will impact an already struggling new home construction market.Lastly, faulty tripping of sprinklers can cause as many problems as they solve.The additional cost of inspections and or corruption related to it is reasons not to support the sprinkler mandate. Bill McCue, stated he was inaccurately quoted to say he would not put sprinkler systems in new homes. What he said was that no one has asked him to do that but if asked to do so he would.Addin g a sprinkler P system to a new home would add$10,000 to the cost of a 3200 square foot home. As a builder,he advises against adding upgrades to homes that will not increase the appraised value of the home.He has built a home in the area with a sprinkler system. The cost of a sprinkler system for a builder on a 2141 square- foot home is$8700.This does not include a builder's normal markup of 5%for construction contingencies.He disagrees with the city staff recommendatio n that sp ri nkle r s be required uired for homes over 3500 square feet.The cost of a system for this size of home would be$13,000. If it is required the system The Minutes of the Regular Meeting of the Citv Council—Jule 26, 2011 — Page 2 of 8 is connected directly to the water main it would add an additional$4-$6000. In addition, city staff recommends increasing the size of the water main to the home to accommodate a sprinkler system adding an additional$900 41200. He commented that the bike trails were voted down twice and only had a cost of$13-$20 per year per household.These trails would also save lives and give children safe passage through and between their subdivisions and schools. He recognizes that the people may not have had a problem with the trails but more with how it would be financed. There is no way that a child who has lost his mother from a bike accident can make sense of the bike trails being voted down.He and two other local builders have built 6300 homes here Yorkville. With the average cost of$10,000 per home for a mandated sprinkler system it would have resulted in$63 million of additional cost.The cost of the bike trails and the additional safety it provides is nothing compared to the cost of this mandate. He cannot understand how anyone could vote for mandating sprinklers. Phil Borter,ProBuild,commends Yorkville for looking at fire safety. He states that older homes are more likely to burn than new homes. The city must decide during this difficult time with the housing industry, villages, and tax basis are subject to what is going on with the cities revenue stream. The Illinois Association of Realtors would argue against the mandated sprinkler systems in the 2009 International Building Code choosing a mechanical system over an electronic system would choose a system more prone to failures as well,a more costly one. He states how important it is to provide an affordable housing alternative. Tim Greyer,Greyer Builders,a developer for 15 years,built six homes this year but does not believe any of these homes would have been built if the fire sprinklers were mandated.He stated new homes bring people in which help the city's economy.The city has thousands of vacant lots that need to be built. Continuing to raise costs of building will slow down growth. Momentum has increased and anything the city can do to maintain this momentum would really help.To increase building of new homes,permit prices need to be looked at.Existing subdivisions have permit prices that are grandfathered and are still reasonable.New subdivisions will have permit prices almost double the current permit price.He heads a group looking to purchase considerable properties here in Yorkville.The group would like to be assured that there are no major changes to move forward. Craig Marker,Richard Marker Associations, stated his main concern of mandated sprinklers is the cumulative costs associated with them. The system at$10,000,the increased costs of the main is approximately$900,and in additional$1100 for the meter to accommodate the larger sized pipe. He stated over the last four years the number of homes he has built has dropped from 400 to 29.He states that he is worried the mandated sprinklers will negatively impact new construction in the businesses that depend on those new residents. Jeremy Canavan,Bristol Kendall Fire Depart,thanks the builders for coming to speak on this issue. The policy clearly states that every single family home needs to have fire sprinklers.The city revised these specifications to require sprinklers for homes over 3500 square feet and there are other options that can be done.He provided a list of communities that have adopted these policies in some form or another. He asks the city to consider one of the staffs options. Shawn Michaels,McCue builders,on page 2 of the staff presentation,it talks about how the Yorkville staff conducted a survey in July 2010 of local fire protection systems based on the installation of 2500 square-foot single-family dwelling excluding the basement. If there is a basement in the house,the basement would have to be sprinkled, so those numbers are misleading for there would be a significant cost for those sprinklers. Consent Agenda: 1. Bills for Payment-$802,717.65 (CC 2011-83) 2. Ordinance 2011-29-Amending the Traffic Schedule and Index Regarding Yield Sign Control for Dolph and State Streets—authorize Mayor and City Clerk to execute(PW 2011-49) 3. Bid Results for 2011 MFT Miscellaneous Bituminous Patching—award contract to Aurora Blacktop,Inc. in an amount not to exceed$44,273.90(PW 2011-50) 4. Water Department Reports for May and June 2011 (PW 2011-51) 5. Treasurer's Report for June 2011 (ADM 2011-32) 6. Ordinance 2011-30-Approving the Revision of the 2011-2012 Fiscal Budget Regarding the General Fund,the Library, and the Parks and Recreation Department—authorize Mayor and City Clerk to execute(CC 2011-71) Mayor Golinski entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Munns; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye,Milschewski-aye, Spears-aye,Munns-aye, Funkhouser-aye,Gilson-aye,Teeling-aye,Kot-aye The Minutes of the Regular Meeting of the City Council—July 26, 2011 — Paae 3 of 8 Minutes for Approval: 1. Minutes of the Special City Council—June 14,2011 (CC 2011-84) 2. Minutes of the City Council—June 28,2011 (CC 2011-85) Mayor Golinski entertained a motion to approve the Minutes of the Special City Council meeting for June 14,2011,and the Minutes of the Regular City Council meeting for June 28,2011 as presented. So moved by Alderman Teeling; seconded by Alderman Spears. The following corrections are for the June 28, 2011 Regular City Council Meeting: Alderman Teeling,page 5, 1"paragraph, she questioned. Alderman Gilson,Page 2, 1 S`paragraph, said contamination is not in sanitary sewer and plume is spelled incorrectly. Page 3,Gilmour's name was spelled incorrectly. Page 9, 1"paragraph,it should state,it is not their decision. Page 11 an S should be added to lack.Page 16,after it says,the drainage in their neighborhood,the following sentence needs to be added.The drainage in their neighborhood needs to be looked at again and water is flowing under and around the pipe instead of through it.Page 12, it should state right of way.On page 6, should state collected not collect.Page 1, should be right of way.Alderman Colosimo stated halfway down on page 5 it should state city should question EEI.Also should state Alderman Colosimo made a motion. Page 12, it should be Jeff Freeman. Alderman Milschewski stated page 1 Freeman from EEI should be marked present. On Amendments to the Agenda page 1 Mayor Golinski requested 2 items,the Chief of Police and City Administrator contracts,be moved from the Consent Agenda to the end of the meeting. The vote on the contracts need to be reflected at the end of the meeting. She made a motion under Amendments to the Agenda,to table Public Works item#3 and Consent Agenda item#2,to the next City Council meeting. On same page under the Alliance Against Intoxicated Motorists should be capitalized.Under Citizens Comments it should say no further remediation letter is given.On page 2, 1"paragraph,the spelling of Beardsly is incorrect. In Citizen Comments under Amy Cesich 2nd sentence should state saying. Pagel 2, change right of way. Also,it should state dispose not expose. Page 12, 6 lines up from the bottom, it should say landfill. On Page 13, 5"'paragraph,the sidewalks should grant. 2 paragraphs down from there, the new sidewalks did not match the character of the neighborhood for the neighborhood is in an older section of town.From Van Emmon to Fox there are four year old sidewalks that are the standard width. Page 16 on the signage issue it talked about the sign from Van Emmon to Heustis then garbage collection and then the next paragraph ties into the signage issue.Page 17,Mayor Golinski entertaining a motion is on there twice.Alderman Spears page 2, first paragraph, 5th line from the bottom should say and is now an eyesore to the community. On page 15, last paragraph,the 3`d sentence up, set on fire not kept on fire. Alderman Funkhouser stated page 6, 3`d paragraph,under Route 47 expansion should state additional 30%. Page 12,2nd paragraph should state being an instructionalist to our economic development. Page 14 the line before the economic development report,phase one spelled wrong. Mayor Golinski entertained a motion to approve the minutes as amended Amendments approved unanimously by a viva voce vote REPORTS MAYOR'S REPORT Ordinance 2011-31 Approving the Second Amendment to the Amended Annexation and Planned Unit Development Agreement (O'Keefe Subdivision)(Raging Waves) (PC 2011-05) Mayor Golinski entertained a motion to approve the ordinance approving the second amendment to the amended annexation and planned unit development agreement O'Keefe subdivision Raging Waves and authorized the Mayor and City Clerk to execute. So moved by Alderman Kot; seconded by Alderman Gilson. Mayor Golinski agrees that a vote on any issue raised in a public hearing should not be voted on the same day.This is a special circumstance,and he wants to deal with concerns raised by the owner of Raging Waves. Mayor Golinski agrees that the current annexation agreement treats them unfairly. Because discussions with Raging Waves have been delayed,Mayor Golinski had hoped the vote could happen as soon as possible.Raging Waves believes the reduction in cost to the city could be used as a marketing campaign to reduce pricing to their customers for the last month of the season in hopes this will benefit other businesses in Yorkville. Alderman Gilson asked Mayor Golinski if he had directed staff to put in the policy that the city will no longer, in the future,vote on any issue until after it has been put through its readings, for he believes that policy needs to be put in place. Mayor Golinski had not directed staff,but it can be discussed in Administration Committee.Mayor Golinski believes there can be exceptions and would like some sort of an out in the policy. Alderman Kot supports this for he thinks it is good to correct the overtaxing of a local business. He believes that's a good message to send out to other businesses that the city realizes this is not what it ought to be doing. And that we will obviously be taking care of the situation. Alderman Spears would like to know, since she previously objected to the business tax, if the city can readjust that as well. Mayor Golinski stated the City Council can do that anytime.He suggested that she brings it up in committee, and she will do so.Alderman Colosimo wasn't happy with the 3%sales The Minutes of the Regular Meeting of the City Council—July 26, 2011 — Page 4 of 8 tax that passed. He does not believe that it is appropriate to take a vote on the same day as a public hearing. That goes against how a public meeting should be run and the purpose of a public hearing is to get feedback from residents.He is willing to make an exception and will vote in favor of this ordinance; however would like to see a policy concerning this matter from Administration.He thanked Raging Waves for being patient and hopes this makes them whole. Alderman Funkhouser approves of the agreement between the city and Raging Waves,but he objects to voting on a public hearing item the same night the issue is presented.He would prefer to see policy established.Alderman Teeling confirms that Mr.Johnson understands the city is not rescinding the tax on Raging Waves.Mr.Johnson confirms Alderman Teeling's statement. Alderman Teelling questioned why this was not handled through the amusement tax. Mayor Golinski stated it was never finalized.Alderman Teeling wanted other businesses in Yorkville to understand the special circumstance with Raging Waves and not look to have this tax rescinded for them. She stated that the removal of the 3% sales tax seems just in that it would be a tax in addition to the admission and amusement taxes they already pay. Alderman Teeling stated she was under the impression this should have already been taken care of. Alderman Gilson stated that the previous mayor intended to do so but it was never finalized. Alderman Gilson is in favor of rescinding this tax on Raging Waves, as well. Motion approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye,Funkhouser-aye,Milschewski-aye,Teeling-aye Gilson-aye,Kot-aye,Munns-aye, Spears-aye River Road Bridge Pedestrian Accommodations (CC 2011-86) Mayor Golinski requested a consensus vote concerning the River Road Bridge.He stated that the original information provided by IDOT representatives was that any bridge funded with federal money requires the city to provide for pedestrian traffic. Mayor Golinski stated the widening of the River Road Bridge is not feasible while the dam is in place and the city would investigate a pedestrian crossing upstream of the dam. Mayor Golinski stated it is now the city understands it may proceed with repairs to the River Road Bridge without providing for pedestrian traffic. It is the staff's recommendation not to include accommodations for pedestrian traffic on this bridge.Alderman Colosimo recommends that the city scraps the pedestrian bridge.Alderman Gilson asked for confirmation that the city is not in violation of a federal requirement by not providing the pedestrian bridge.Alderman Colosimo believes the interpretation of the requirement states that a pedestrian right of way is to the discretion of the city. Alderman Gilson questioned to whether the city would proceed with the work on the River Road Bridge knowing the dam near it is scheduled for removal Alderman Gilson questioned what impact future work on the dam would have on the bridge. City Administrator Olson stated the design of the new bridge would utilize the existing abutment and would not impact the dam. Alderman Gilson asked to confirm with City Administrator Olson that any repair to the River Road Bridge would not require any repair to the dam. City Administrator Olson confirmed Alderman Gilson's statement.Alderman Gilson again stated for the record that City Administrator Olson confirmed that the city has no intention of replacing the dam during repairs to the bridge. City Administrator Olson again confirmed that the city would not replace the dam and that the dam is scheduled for removal in 2015 or 2016 by the Army Corps of Engineers. Alderman Teeling commented on an article in the Beacon Newspaper referring to funding for the River Road Project. City Administrator Olson stated that the Beacon article was in reference to the statement made by the chairman of the highway committee. It was stated that there was a question to the city's ability to fund this project. City Administrator Olson stated the city's financial situation in regards to this project has changed since the printing of that article. Mayor Golinski stated that the City Council is in agreement that there will be no pedestrian bridge. He asked City Administrator Olson if he had enough direction on this issue and was answered,yes. PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Building Code Update Recommendations (EDC 2011-20) Ordinance 2011-32 Adopting by Reference Certain Building,Mechanical,Plumbing, Energy Conservation,Fire,Fuel Gas,Property Maintenance, Residential and Existing Building Codes Alderman Munns made a motion to approve an Ordinance Adopting by Reference Certain Building, Mechanical,Plumbing,Energy Conservation,Fire,Fuel Gas,Property Maintenance,Residential and Existing Building Codes Regulating and Governing the Construction,Conditions and Maintenance of all Property,Buildings and Structures in the City and authorize the Mayor and City Clerk to execute. Seconded by Alderman Milschewski The Minutes of the Regular Meeting of the Cite Council—July 26, 2011 —Pale 5 of 8 Alderman Munns stated the ordinance can be approved as written or it can be approved with amendments. Mayor Golinski asked for questions,comments, or concerns on the first motion.There was discussion among Alderman Gilson,Public Works Director Dhuse,and Community Development Director Barksdale-Noble in regards to the International 2009 Code. City Attorney Orr stated the way to do this would be a motion to amend that portion of the code eliminating the 1 1/2 inch and instead 1 inch Water Service Line.Take a vote on it and that amendment will be in effect. Alderman Munns made a motion to amend building code update recommendation to stick with the 1 inch Water Service Line. Seconded by Alderman Kot. There was discussion on this motion among Alderman Milschewski,Alderman Gilson,City Attorney Orr and Community Development Director Barksdale-Noble,Alderman Colosimo, and Alderman Munns. Motion to Amend approved by a roll call vote. Ayes-8 Nays-0 Teeling-aye,Gilson-aye,Kot-aye,Munns-aye, Spears-aye,Colosimo-aye,Funkhouser-aye,Milschewski-aye Alderman Munns stated there are 3 options on the sprinkler system.The staff recommends doing sprinklers on 3500 square-foot homes and above immediately,also with 2 other options to adopt the 3500 square-feet and above in 2015,and there was a third option.The biggest issue discussed was does the city want fire sprinklers,or does the city want them in 2015.Alderman Colosimo stated he will not vote for this code if it requires fire sprinklers. City Attorney Orr asked for Alderman Colosimo to make a motion to amend the International Residential Code to eliminate any sprinkler requirements. Alderman Colosimo made a motion to amend the international single family residential code to eliminate any sprinkler requirements. Seconded by Alderman Kot. Motion to Amend approved by a roll call vote. Ayes-7 Nays-1 Colosimo-aye, Funkhouser-aye,Milschewski-aye,Teeling-aye Gilson-aye,Kot-aye,Munns-aye, Spears-nay City Attorney Orr stated the City Council has made a motion,on the main motion, so now it would be a vote on the main motion which Alderman Munns made as amended with the two amendments. Mayor Golinski asked if this motion takes in all the staff comments and recommendations that were in the e City Council packets. Alderman Munns stated yes, except for the two amendments. Vote on the main motion made by Alderman Munns with the two amendments was approved by a roll call vote. Motion approved by a roll call vote. Ayes-7 Nays-1 Funkhouser-aye,Milschewski-aye,Teeling-aye,Gilson-aye, Kot-aye, Munns-aye, Spears-nay,Colosimo-aye Alderman Munns stated the City Council has a choice on a motion over the Electrical Code 05 or 08. He could make a motion for one code and discuss that vote. If that fails,the City Council can make a motion for the other code. Ordinance Adopting by Reference the 2005 Edition of the National Electrical Code Published by the National Fire Protection Agency Alderman Munns made a motion to approve an Ordinance Adopting by Reference the 2005 Edition of the National Electrical Code Published by the National Fire Protection Agency and authorize the Mayor and City Clerk to execute. Alderman Munns wanted clarification from Community Development Director Barksdale-Noble if the main issue was the arc faulting between the 2005 and 2008 code. Community Development Director Barksdale-Noble stated that is the main thing.There was discussion between Alderman Spears and Community Development Director Barksdale-Noble in regards to the 2005 and 2008 National Electric Code.The discussion was on how this will affect the city and Community Development Director Barksdale-Noble's department as far as inspections and requirements. There was discussion also on the differences between arc faults and GFI's. With the 2005 code there are some checks and balances that may not match up specifically when talking about arc faults in residential homes.There may be glitches which the staff hasn't even seen yet. The 2008 code requires arc faults in main living spaces.Alderman Spears wants to adopt the 2008 code for she thinks it will be beneficial and save time and money to the department. Alderman Gilson agrees with Alderman Spears and is going to vote in favor of the 2008 code. It was brought to Alderman Gilson's attention that the city Council is voting on 2005 not 2008. The Nlinutes of the Regular Meeting of the City Council—July 26, 2011 — PaQe 6 of 8 Alderman Milschewski asked if the city had the proper equipment to check for this. Community Development Director Barksdale-Noble stated the city does have equipment that is online; it is called Square D or DD. Sometimes it works and sometimes it doesn't,that is a glitch.Alderman Colosimo does not have a clear picture of cost. Community Development Director Barksdale-Noble stated the city was told about$1000 to$1500 more. Alderman Funkhouser stated the city is looking at additional cost for installation of just the outlets. The city would need to contract out or purchase new equipment to do the testing. Community Development Director Barksdale-Noble stated not necessarily. Alderman Funkhouser stated if the city wants to do it effectively since the system has a glitch. Community Development Director Barksdale-Noble stated the equipment can still be used manually. Alderman Funkhouser asked to make a motion and City Attorney Orr stated the motion on the floor is a motion to approve the 2005 code made by Alderman Munns, so we need to act on that and can move onto the next motion. Vote on the main motion made by Alderman Munns. Motion failed by a roll call vote. Ayes-0 Nays-8 Teeling-nay, Gilson-nay,Kot-nay,Munns-nay, Spears-nay,Colosimo-nay,Funkhouser-nay,Milschewski-nay Ordinance 2011-33 Adopting by Reference the 2008 Edition of the National Electrical Code Published by the National Fire Protection Agency Alderman Munns made a motion to approve an Ordinance Adopting by Reference the 2008 Edition of the National Electrical Code Published by the National Fire Protection Agency and authorize the Mayor and City Clerk to execute. Seconded by Alderman Kot. Alderman Funkhouser made a motion to amend the requirement stated in the 2008 code and take the arc- faults out and apply the 2002 standard for the arc fault. Seconded by Alderman Gilson. Motion approved by a roll call vote. Ayes-5 Nays-3 Gilson-nay,Kot-nay,Munns-aye, Spears-nay, Colosimo-aye,Funkhouser-aye,Milschewski-aye,Teeling-aye Mayor Golinski stated that now the Council is back to the original motion made by Alderman Munns to approve an Ordinance Adopting by Reference the 2008 Edition of the National Electrical Code Published by the National Fire Protection Agency. Motion approved by a roll call vote. Ayes-8 Nays-0 Kot-aye,Munns-aye, Spears-aye,Colosimo-aye, Funkhouser-aye,Milschewski-aye,Teeling-aye,Gilson-aye PUBLIC SAFETY COMMITTEE REPORT Ordinance Amending the Code of Ordinances Regulating On-Street Parking(E.Millbrook Circle)—First Reading (PS 2011-13) Alderman Colosimo wanted to give the citizens of Grande Reserve the opportunity to hear about this before the City Council votes.There was confusion over which street had the issue. Alderman Colosimo made a motion to send this item back to Public Safety Committee for review. Seconded by Alderman Funkhouser. Amendments approved unanimously by a viva voce vote ADMINISTRATION COMMITTEE REPORT No report. PARK BOARD Resolution 2011-16 Approving a Revised Park Rental and Use Policy (CC 2011-87) Mayor Golinski entertained a motion to approve a Resolution Approving a Revised Park Rental and Use Policy and authorize the Mayor and City Clerk to execute. So moved by Alderman Funkhouser; seconded by Alderman Colosimo. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye Spears-aye,Colosimo-aye,Funkhouser-aye, Milschewski-aye,Teeling-aye,Gilson-aye,Kot-aye The Minutes of the Regular Nleetin2 of the City Council—Jule 26, 2011 —Page 7 of 8 PLAN COMMISSION Jongejan Special Use—Mile and %Review (PC 2011-03) Mayor Golinski entertained a motion to support the Jongejan request for a Special Use approval to operate a Bed and Breakfast and the subject property within the county. So moved by Alderman Colosimo; seconded by Alderman Milschewski Community Development Director Barksdale-Noble said the Planning Commission's recommendation was to support the approval of the bed-and-breakfast.Alderman Spears asked if surrounding neighbors had been notified. Dan Kramer stated that the neighbors have been notified. Alderman Gilson asked for more information on this issue.Mr. Kramer stated the Jongejans bought the Gaylord mansion and are planning to restore the inside only.They purchased the cottage next door to live in.They encourage small gatherings to use their property.The lot is a beautiful wooded 2 %2 private acres. It should be a good amenity to the community. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Colosimo-aye,Funkhouser-aye, Milschewski-aye, Teeling-aye,Gilson-aye,Kot-aye,Munns-aye Ordinance 2011-34 Approving Amendments to the Regulations Regarding the Processing of Applications in the Yorkville Zoning Ordinance (PC 2011-04) Mayor Golinski entertained a motion to approve an ordinance approving amendments to the regulations regarding the processing of applications in Yorkville zoning ordinance and authorized the mayor and city clerk to execute. So moved by Alderman Funkhouser; seconded by Alderman Milschewski. Alderman Gilson asked that if there is any money still owed to the city at all from each individual developer or petitioner that the city does not release these funds until the city has done a complete check on all money owed. If there is money owed to the city then the city would not release these funds. City Attorney Orr cleared up the language to make it clear that funds would not be released from the city until any outstanding debt is paid to the city. Mayor Golinski stated there should be a roll call vote on the original motion that he entertained as amended with the amendment. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Colosimo-aye,Funkhouser-aye, Milschewski-aye, Teeling-aye,Gilson-aye,Kot-aye,Munns-aye ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. COMMUNITY&LIAISON REPORT No report. STAFF REPORT No report. ADDITIONAL BUSINESS Fire Sprinkler Systems Alderman Kot is a big advocate of smoke alarms and believes the city should work with the Fire Department. State laws require residential homes to have smoke alarms.The city needs to remind residents to have and maintain smoke alarms. Smoke alarms are not as good as sprinklers,but they are the next best alternative. Mayor Golinski stated the city appreciates all the information and everything that has been done on to educate the city on the sprinkler systems. The Minutes of the Regular Meeting of the City Council—July 26, 2011 — Page 8 of 8 Parking for Businesses on Route 47 Alderman Gilson inquired about parking on Route 47 for businesses. The selection to acquire land is to be discussed in Public Works Committee and City Council meetings. There has not been a front runner for the location of the site,other than the old jail. Staff is still studying the various spaces of development. Alderman Gilson is not in favor of the old jail and wanted to make sure staff was seriously looking at alternatives. City Administrator Olson stated yes and the direction would have to come from City Council. Hometown Days Alderman Teeling spoke to City Administrator Olson about Hoppers, a local business. Hoppers wants to be involved in Hometown Days,and will be going to the Park Board next meeting. City Administrator Olson stated staff is discussing different features and attractions for Hometown Days,and negotiating with Hoppers to set booth fees. Staff is also checking whether admission can be charged based on the city's contract with the carnival. EXECUTIVE SESSION Mayor Golinski entertained a motion to go into Executive Session for the purpose of- 1. Litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. 2. For collective negotiating matters between the public body and its employees or their representatives,or deliberations concerning salary schedules for one or more classes of employees. So moved by Alderman Colosimo; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Milschewski-aye,Colosimo-aye,Kot-aye, Teeling-aye,Gilson-aye,Funkhouser-aye,Munns-aye The City Council adjourned at 8:53 p.m. The City Council entered Executive Session at 8:59 p.m. The City Council returned to regular session at 9:06 p.m. ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Milschewski; seconded by Alderman Munns. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 9:07 p.m. Vmitted Beth Warren, City Clerk, City of Yorkville, Illinois II UNITED CITY OF YORKVILLE ' YORKVILLE, ILLINOIS CITY COUNCIL MEETING ' PUBLIC HEARING ' 800 Game Farm Road, Yorkville , Illinois Tuesday, July 26 , 2011 D-945911 _01 DEPO • COURT reporting service 1300 Iroquois Avenue, Suite 205 Naperville, IL 60563 630-983-0030 • Fax: 630-778-4824 e-mail: depocourt @depocourt.com • www.depocourt.com 2 1 PRESENT : I , 2 Mr . Gary Golinski , Mayor; 3 Mr . George Gilson, Jr . , Alderman; ' 4 Mr . Carlo Colosimo Alderman; 5 Ms . Jackie Milschewski , Alderman; ' 6 Mr . Larry Kot , Alderman; 7 Mr . Marty Munns , Alderman; ' 8 Mr . Chris Funkhouser, Alderman; ' 9 Ms . Rose Ann Spears , Alderman; 10 Ms . Diane Teeling, Alderman . ' 11 ' 12 ALSO PRESENT : 13 Mr . Bart Olson, City Administrator, ' 14 Ms . Beth Warren, City Clerk, 15 Ms . Kathleen Field-Orr, City Attorney . 16 - - - 17 18 ' 19 ' 20 21 22 ' 23 24 ' Depo•Court Reporting Service (630) 983-0030 3 ' 1 ( Pledge of Allegiance . ) g g 2 MAYOR GOLINSKI : Public hearing for 3 Raging Waves amended annexation agreement . Do we ' 4 have anyone from the public who would like to 07:03PM 5 comment on Raging Waves amended annexation 6 agreement ? ' 7 Step up, please , sir . State your ' 8 name for the record and sign in, please . 9 MR . JOHNSON : Hi . I ' m Mark Johnson, 07:04PM 10 Yorkville . On May 11th, 2010 , a ublic hearing g ' 11 was held on Crestview Builders ' request to change ' 12 the annexation agreement pertaining to Blackberry 13 Woods subdivision . ' 14 I spoke on many things that night , 07:04PM 15 but one was a policy of our city to hold public 16 hearings and vote on those hearings on the same ' 17 night . The vote was held off that evening based ' 18 on questions raised and my persistence to change 19 this policy . I ' 07:04PM 20 The then Mayor Burd commented that 21 this was a good idea and asked that it be sent to 22 committee . Well , here we are again 14 months ' 23 later and we don ' t have this common sense policy 24 in place yet . ' Depo•Court Reporting Service ( 630) 983-0030 I' 4 ' 1 As is the case in Washington, D . C . ' 2 today with the fight over the debt ceiling, 3 sometimes we as individuals must put our ' 4 principles aside and do what is best for all . 07:05PM 5 This public hearing tonight is one 6 of those moments . I will personally set aside one ' 7 of my firm beliefs for the betterment of our city ' 8 for the long-term, but I ask this Council to 9 please get a policy to not allow a vote on the ' 07:05PM 10 same night as public hearings in place as soon as ' 11 possible . That is only fair to all of your 12 constituents . ' 13 Tonight is one of those exceptions . ' 14 Raging Waves is probably one of the most positive 07:05PM 15 things that has happened to our city in my ' 16 61 years in it . Not only has it brought in needed 17 revenues , but it has attracted people from all 18 parts of the country to our city . ' 19 This is the kind of development our ' 07:05PM 20 city needs . Our residents get discounted use , 21 while bringing in busloads of people and revenue ' 22 from all around the area . My children, their ' 23 spouses , and my 12 grandchildren have all enjoyed 24 this venue . Depo•Court Reporting Service (630) 983-0030 5 ' 1 This was P ositioned north of our 2 city, which has helped with all kinds of traffic 3 concerns . This company helped put in roadways and ' 4 traffic signals at great expense, with our city 07:06PM 5 helping them offset the costs over ten to 6 20 years . ' 7 The previous mayor and her Council ' 8 voted to not only get a five percent tax from this 9 venue, but then added another three percent on ' 07:06PM 10 top . Taxes don ' t solve problems of our city, our ' 11 state or our country. We are all taxed enough 12 already . ' 13 It appears that this public hearing 14 will remove this added tax by the previous mayor 07:07PM 15 to allow Raging Waves to market their wonderful 16 venue for the balance of this season . I support 17 that . I think that voting for this change tonight 18 will do wonders for showing the world that ' 19 Yorkville gets it when it comes to business . ' 07:07PM 20 The previous mayor ' s philosophy of 21 taxing so government can spend more isn ' t the 22 answer . Yorkville should be open for business and 23 make businesses welcome . 24 That isn ' t saying I agree with I � Depo•Court Reporting Service (630) 983-0030 6 ' 1 giving away the ship upfront to attract business . 2 I don ' t . On the contrary, let everyone be on an 3 equal playing field . This added tax was wrong to ' 4 put on this venue and must be corrected . 07:07PM 5 Five bullets I believe in . I 6 believe Raging Waves is a fantastic business for 7 our city . I see no person or land owner affected ' 8 by your voting tonight , and that ' s why I have gone 9 against my principle of saying that we need to ' 07:08PM 10 have a separate night vote . I believe the added ' 11 tax was a mistake to institute and must be 12 rescinded . I believe other businesses will view ' 13 our city being pro-business with this vote . ' 14 I see no down side to having the 07:08PM 15 vote tonight . My family and most of Yorkville ' 16 love Raging Waves for the entertainment value . I 17 also love it for the revenue it generates to 18 improve our city . ' 19 I can ' t see anything wrong with ' 07:08PM 20 voting this poorly designed added tax out tonight 21 and to help a wonderful , positive business have a ' 22 chance at success , which will only make our city 23 stronger in the future . Thank you . ' 24 MAYOR GOLINSKI : Thank you . Any other Depo•Court Reporting Service (630) 983-0030 I 7 i ' 1 public comment on Raging Waves ? 2 (No response . ) 3 MAYOR GOLINSKI : Okay . With that , we 4 will close the public hearing . 07:09PM 5 (Which were all the 6 proceedings had in the 7 public hearing portion ' 8 of the meeting . ) 9 ---000--- ' 10 ' 11 12 13 14 15 ' 16 17 18 19 ' 20 21 22 23 24 Depo•Court Reporting Service (630) 983-0030 8 ' 1 STATE OF ILLINOIS ) SS . ' 2 COUNTY OF LA SALLE ) 3 I , Christine M . Vitosh, a Certified ' 4 Shorthand Reporter, do hereby certify that I 5 reported in shorthand the proceedings had at the 6 hearing of the above-entitled cause and that the ' 7 foregoing Report of Proceedings , Pages 1 through ' 8 10 , inclusive , is a true, correct , and complete 9 transcript of my shorthand notes so taken at the ' 10 time and p lace aforesaid . ' 11 I further certify that I am neither 12 counsel for nor related to counsel for any of the ' 13 parties to this suit, nor am I in any way elated Y ' 14 to any of the parties to this suit , nor am I in 15 any way interested in the outcome thereof . 16 I further certify that my II � 17 certificate annexed hereto applies to the original ' 18 transcript and copies thereof, signed and 19 certified under my hand only . I assume no ' 20 responsibility for the accuracy of any reproduced ' 21 copies not made under my control or direction . 22 t23 ' 24 Depo•Court Reporting Service (630) 983-0030 9 1 In testimony whereof, I have ' 2 hereunto set my hand this 27th day of July, A. D . , 3 2011 . I air • • A bw..."b 4 5 i 6 Christine M . Vitosh, CSR ' 7 CSR No . 084-002883 8 9 ' 1 10 ' 11 12 ' 13 ' 14 15 ' 16 17 18 19 ' 20 21 ' 22 ' 23 24 ' Depo•Court Reporting Service ( 630) 983-0030 10 ' 0 aside[21-4:4,4:6 complete[11-8:8 G kinds[1]-5:2 assume[1]-8:19 concerns[1]-5:3 Kot[1]-2:6 Attorney[1]-2:15 constituents[11-4:12 ' 084-002883[1]-9:7 Game[1]-1:11 L attract[1]-6:1 contrary[1]-6:2 attracted[1]-4:17 control[1]-8:21 Gary(1)-2:2 copies[21-8:18,8:21 generates[1]-6:17 B correct 111-8:8 George[i]-2:3 LA[U-8:2 ' 1[1]-8:7 corrected[1]-6:4 Gilson[1]-2:3 land[1]-6:7 1011]-8:8 costs[11-5:5 Golinski[i1-2:2 Larry[1]-2:6 balance[1]-5:16 GOLINSKI 13]-3:2, long-term 11]-4:8 11th[1]-3:10 COUNCIL[1]-1:6 j Bart[11-2:13 6:24,7:3 love(2]-6:16,6:17 12[1]-4:23 based[1]-3:17 Council[21-4:8,5:7 14[1)-3:22 counsel[2]-8:12 government[1]-5:21 beliefs[1]-4:7 count grandchildren[1]- M best[1]-4:4 country[z1-4:18, g 5:11 4:23 2 Beth[1)-2:14 COUNTY[1]-8:2 great[1]-5:4 Mark[1]-3:9 betterment(il-4:7 Crestview 1 -3:11 20[11-5:6 Blackberry[i]-3:12 [ ] market[1]-5:15 CSR[2]-9:6,9:7 H Marty[1]-2:7 2010[11-3:10 bringing[1]-4:21 2011[21-1:16,9:3 brought[1]-4:16 mayor[2]-5:7,5:14 ' 26[1]-1:16 Builders'[1]-3:11 D hand[2]-8:19,9:2 Mayor[2)-2:2,3:20 27th[1]-9:2 bullets[1]-6:5 HEARING[1)-1:7 MAYOR[3]-3:2,6:24, Burd[1]-3:20 D-945911[1]-1:21 hearing[71-3:2,3:10, 7:3 ' 6 business 161-5:19, D.0[1)-4:1 4:5,5:13,7:4,7:7, mayor's[11-5:20 5:22,6:1,6:6,6:13, debt[1]-4:2 8:6 meeting[1]-7:8 6:21 designed 1i)-6:20 hearings[31-3:16, MEETING[11-1:6 61[1]-4:16 businesses[21-5:23, development(11- 4:10 Milschewski(1]-2:5 ' 6:12 4:19 held[z]-3:11,3:17 mistake[1]-6:11 $ busloads[1]-4:21 Diane[1]-2:10 help[1)-6:21 moments[1]-4:6 direction[1]-8:21 helped[21-5:2,5:3 months[1]-3:22 ' -- C discounted[1]-4:20 800[i1-1:11 helping[1]-5:5 most[2]-4:14,6:15 down[1]-6:14 hereby(1]-8:4 MR[1]-3:9 hereto[11-8:17 Munns[1]-2:7 A Carlo[1]-2:4 E hereunto[11-9:2 must[31-4:3,6:4, ' case[1)-4:1 hi[11-3:9 6:11 ceiling(1]-4:2 hold(1l-3:15 A.D[1]-9:2 certificate[1]-8:17 enjoyed[1]-4:23 N above-entitled(1]- Certified[1]-8:3 entertainment[1]- 8.6 certified[1]-8:19 6:16 ' accuracy[11-8:20 name[1]-3:8 certify[3]-8:4,8:11, entitled[1]-8:6 added[5)-5:9,5:14, 8:16 equal[1]-6:3 idea[1]-3:21 need[1]-6:9 6:3,6:10,6:20 chance(1]-6:22 evening[1]-3:17 ILLINOIS[2)-1:4,8:1 needed[11-4:16 Administrator[1)- Illinois(1]-1:12 needs[q-4:20 2:13 change[3]-3:11, exceptions[1]-4:13 affected[1]-6:7 3:18,5:17 expense[11-5:4 improve[1]-6:18 night[a)-3:14,3:17, children 11]-4:22 ! 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