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 ! inclusive[11-8:8 4:10,6:10
aforesaid[1]-8:10
agree[1]-5:24 Chris[1]-2:8 F individuals[1]-4:3 north[1]-5:1
'
agreement[3]-3:3, Christine[z1-8:3,9:6 institute[11-6:11 notes[11-8:9
interested[1]-8:15
3:6,3:12 city[121-3:15,4:7,
Alderman[81-2:3, 4:15,4:18,4:20,5:2,
fair[1)-4:11
5:4 5:10 6:7 6:13 family]1]-6:15
' 2:4,2:5,2:6,2:7, , , , , fantastic[1]-6:6 -
2:8,2:9,2:10 6:18,6:22 OF[31-1:3,8:1,8:2
CITY[21-1:3, 1:6
Farm[1]-1:11 offset
Allegiance[1)-3:1 field[1]-6:3 Jackie[11-2:5 [1] 5:5
City[3)-2:13,2:14, Olson[1)-2:13
' allow[z1-4:9,5:15 JOHNSON[1]-3:9
2:15 Field[11-2:15
ALSO(11-2:12 Field-Orrpl-2:15 Johnson[1]-3:9 one[5]-3:15,4:5,4:6,
Clerk[1]-2:14 I
amended[2]-3:3,3:5 i Jr[1]-2:3 4:13,4:14
close[1]-7:4 fight[1]-4:2
Ann[1)-2:9 firm[1]-4:7 July 121-1:16,9:2 open[11-5:22
Colosimo[1]-2:4 original[1)-8:17
annexation[3)-3:3, five[2)-5:8,6:5
comment[21-3:5,7:1 Orr[1)-2:15
3:5,3:12 e [ commented[1]-3:20 foregoing[1]-8:7 K
annexed[1]-8:17 Funkhouserll]-2:8 outcome[1]-8:15
answer[1)-5:22 committee[1)-3:22
future[1]-6:23 owner 111-6:7
common[1]-3:23 Kathleen[1]-2:15
applies[1]-8:17 j
area[i]-4:22
company[1]-5:3 kind[1)-4:19
Depo•Court Reporting Service (630) 983-0030
11
P reproduced(11-8:20 testimony[11-9:1�
request[11-3:11 thereof[21-8:15,8:18
rescinded[11-6:12 three[11-5:9
' Pages[1]-8:7 residents[11-4:20 today[11-4:2
parties[21-8:13,8:14 response[1]-7:2 tonight[6]-4:5,4:13,
parts[11-4:18 responsibility[1]- 5:17,6:8,6:15,6:20
people(21-4:17,4:21 8:20 top(11-5:10
' percent(21-5:8,5:9 revenue[21-4:21, traffic[21-5:2,5:4
persistence[11-3:18 6:17 transcript[21-8:9,
person[11-6:7 revenues[1]-4:17 8:18
personally[11-4:6 Road(11-1:11 true(11-8:8
pertaining[1]-3:12 roadways[11-5:3 Tuesday[11-1:16
philosophy[11-5:20 Rose[11-2:9
place 131-3:24,4:10, U
' 8:10 S
playing[1]-6:3
Pledge[1]-3:1 under[z]-8:19,8:21
Policy[41-3:15,3:19, SALLE[11-8:2 UNITED[1]-1:3
'
3:23,4:9 season[11-5:16 up[11-3:7
poorly[1]-6:20 see[31-6:7,6:14, upfront 111-6:1
portion(11-7:7 6:19
positioned[1]-5:1 sense[1]-3:23 V
' positive[21-4:14, sent[1]-3:21
6:21 separate[1]-6:10
possible 111-4:11 set[21-4:6,9:2 value(11-6:16
PRESENT 121-2:1, ship 111-6:1 venue[41-4:24,5:9,
2:12 Shorthand[11-8:4 5:16,6:4
previous[31-5:7, shorthand(21-8:5, view[1]-6:12
5:14,5:20 8:9 Vitosh 121-8:3,9:6
principle(11-6:9 showing[1]-5:18 vote[61-3:16,3:17,
' principles[11-4:4 side[1]-6:14 4:91 6:101 6:13,6:15
pro[11-6:13 sign(11-3:8 voted[1]-5:8
signals[11-5:4 voting[31-5:17,6:8,
pro-business 111- 6:20
' 6:13 signed[11-8:18
problems[11-5:10 solve(11-5:10 W
proceedings[21-7:6, sometimes(11-4:3
' 8:5 soon[1]-4:10
Proceedings[1]-8:7 Spears[1]-2:9 Warren[1]-2:14
PUBLIC[11-1:7 spend[1]-5:21 Washington[1]-4:1
public 1101-3:2,3:4, spouses[11-4:23 Waves[71-3:3,3:5,
3:10,3:15,4:5,4:10, SS[1]-8:1 4:14,5:15,6:6,6:16,
5:13,7:1,7:4,7:7 state[21-3:7,5:11 7:1
Put[31-4:3,5:3,6:4 1 STATE[11-8:1 welcome[1]-5:23
step[1]-3:7 whereof[1]-9:1
' Q stronger[1]-6:23 wonderful 121-5:15,
subdivision[1]-3:13 6:21
success(11-6:22 wonders[1]-5:18
questions[11-3:18 suit[21-8:13,8:14 Woods(11-3:13
' R support[11-5:16 world[11-5:18
T Y
' Raging 17]-3:3,3:5,
4:14,5:15,6:6,6:16, tax[51-5:8,5:14,6:3, years(21-4:16,5:6
7:1
6:11,6:20 YORKVILLE[2]-1:3,
raised[11-3:18 � taxed 111-5:11 1:4
' record[11-3:8 taxes 111-5:10 Yorkville[5]-1:12,
related[21-8:12,8:13 taxing 5:21 3:10,5:19,5:22,
remove 111-5:14 g[ 1
Teeling[1]-2:10 6:15
Report 111-8:7 ten[1]-5:5
' reported(11-8:5 term[11-4:8
Reporter[11-8:4
Depo•Court Reporting Service (630) 983-0030
I �
REGULAR CITY COUNCIL MEETING
Public Comment
Jo
PLEASE PRINT
NAME: SUBDIVISION OR BUSINESS:
70 Vt
5)ll
_ z �-
6e-
SIGNIN
REGULAR CITY COUNCIL MEETING
PLEASE PRINT
NAME: SUBDIVISION OR BUSINESS:
AL d< 74 J'Q �
U)AljeA
AJ A�,)AuQ
or (e,
PLqoeD mwcak
SIGNIN