City Council Minutes 2011 10-11-11 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,OCTOBER 11,2011
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 11 Milschewski Present
Kot Present
Ward III Munns Present(On phone 7:00-7:15)
Funkhouser Present
Ward IV Spears Present
Teeling Present
Also present: City Clerk Warren,City Treasurer Powell, City Attorney Binninger,City Administrator
Olson,Police Chief Hart,Deputy Chief of Police Hilt,Public Works Director Dhuse,Finance Director
Fredrickson, EEI Engineer Freeman,Community Development Director Barksdale-Noble,and Director
of Park and Recreation Schraw
QUORUM
A quorum was established.
AMENDMENTS TO THE AGENDA
Mayor Golinski requested that Item# 1 (CC 2011-110)Ken Com Agreement from the Mayor's Report be
moved to the end of the meeting, after executive session.The City Council may or may not take action
tonight.
Amendment approved unanimously by a viva voce vote.
PRESENTATIONS
Comprehensive Annual Financial Report for Fiscal Year End 2011
Mike Senko and Senior Audit Accountant Ryan Doerffler from Wolf&Company, LLP discussed the
Independent Auditors Report page. The City received a clean letter and opinion,which is the highest level
of opinions that can be given. The City has stayed consistent with some slight improvement.
Finance Director Fredrickson had a few comments based on some of the material that was in the audit.
Page 2 is Management's Discussion and Analysis perspective and gives the expansive narrative and
overview analysis of financial activities for the city of fiscal year 2011.
Page 17 is the general fund balance sheet.
Page 19 is the rate overview of revenues,expenditures, and the transfers of the general and library fund.
Page 21 shows a summary of the General Fund.
Page 25 is the balance sheet of the proprietary fund which is the water sewer and recreation center fund.
Page 44 is the city's long-term debts.
Page 49 lists our agreements with developers for the sewer,water fund,as well as the general fund.
Page 63 is the beginning of the schedules of revenues,expenditures and changes in fund balance.
Page 102 describes the City's debt service and lists the debt service schedules for outstanding debt.
Page 133 is the statistical section,which is new.There are five different types of stats the city does. The
first focuses on financial trends,the second focuses on revenue capacity,the third is debt capacity,then
there is demographic and economic information as well as operation information.
Looking through various statistical sections shows information about the assessed value of property and
its direct tax rates and information on debt capacity.The City is going for the distinguished Capital
Award which shows that the city is a professional organization and is where it needs to be in terms of
financial recording standards.
PUBLIC HEARINGS
None.
CITIZEN COMMENTS
None.
CONSENT AGENDA
1. Bills for Payment-$389,014.26(CC 2011-113)
2. BKFD Intergovernmental Agreement Amendment(EDC 2011-39)
The Minutes of the Regular Meeting of the City Council—October 11, 2011 —Page 2 of 6
a. Ordinance 2011-53 Approving an Amendment to the Intergovernmental Agreement
Between The United City of Yorkville and the Bristol-Kendall Fire Protection District—
authorize Mayor and City Clerk to execute
b. Ordinance 2011-54 Amending the Fire Code Providing for Operational Permits and False
Alarm Fees—authorize Mayor and City Clerk to execute
3. Request to Dispose of Vehicles—authorize Police Department to dispose of 13 inoperable
department and seized vehicles(PS 2011-30)
4. Resolution 2011-24 Authorizing a Fireworks Display—authorize Mayor and City Clerk to
execute (PS 2011-31)
Mayor Golinski entertained a motion to approve the Consent Agenda as presented. So moved by
Alderman Spears; seconded by Alderman Kot.
Motion approved by a roll call vote. Ayes-7 Nays-0
Colosimo-aye,Milschewski-aye, Spears-aye,
Funkhouser-aye, Gilson-aye,Teeling-aye,Kot-aye
MINUTES FOR APPROVAL
1. Minutes of the City Council—September 13,2011 (CC 2011-114)
2. Minutes of the City Council—September 27,2011 (CC 2011-115)
3. Minutes of the Special City Council—September 27,2011 (CC 2011-116)
Mayor Golinski entertained a motion to approve the minutes of the regular City Council for September
13,2011 and September 27, 2011 and the special City Council for September 27,2011 as presented. So
moved by Alderman Spears; seconded by Alderman Funkhouser.
The following corrections are for September 13,2011: Alderman Spears stated Mike Rennels was
misspelled. Alderman Gilson stated on Page 3, 2nd sentence from bottom the word should be annex.He
wanted the clerk to report his statements exactly on page 7,additional business. Alderman Milschewski
page 1,presentations,40'sentence from the bottom should be streaming. Page 2 under Intergovernmental
Agreement, 3`d paragraph,Alderman Gilson posed several questions but no answers were given.Page 4,
1 St paragraph, 10`h from the bottom should state contiguous. Page 4,last paragraph,weak is spelled
incorrectly.Page 3,2nd paragraph there was confusion with that motion for the Intergovernmental
Agreement was supposed to be withdrawn.The clerk will review the tape.
Alderman Gilson noted the following corrections to the September 27,2011 minutes on page 3 under
Additional Business—Reconsideration of Annexation of Certain Properties(EDC 2011-36):
In paragraph 3,the sentence that reads"Alderman Gilson said that at the last meeting he had asked if the
city could just start by talking to the property owners"should be revised to read"Alderman Gilson said
that at the last meeting he had asked if it was the city's intent to force annex these properties and he said
that he has still not received a straight answer. Alderman Gilson had also asked if the city could just start
by talking to the property owners without moving forward with a formal process that could lead to forced
annexation.".
In paragraph 3, he also asked that the following be added: "Alderman Gilson asked City Administrator
Olson how he figured that this process is less expensive than picking up the phone and asking if the
property owners are interested in annexing individually. Administrator Olson stated that he figured in
staff time and costs".
City Attorney Binninger stated since changes to the September 13,2011 were substantial,the minutes
need to be placed on the next City Council agenda. City Attorney Binninger stated if the Alderman who
made the motion would agree to amend the motion to delete the September 13,2011 minutes,then a vote
on September 27, 2011 regular and special meetings could be voted on.Alderman Spears and Alderman
Funkhouser agreed to amend the motion so the vote is now for the approval of the September 27,2011
city council meeting and special meeting as amended.
Amendment approved unanimously by a viva voce vote.
REPORTS
PUBLIC WORKS COMMITTEE REPORT
No report.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
No report.
PUBLIC SAFETY COMMITTEE REPORT
Ordinance 2011-55 Prohibiting the Sale,Possession,or Use of Synthetic
Cannabis and other Synthetic Alternative Drugs
The Minutes of the Regular Nfeeting of the City Council—October 11,2011 —Page 3 of 6
(PS 2011-29)
A motion was made by Alderman Colosimo to approve an ordinance prohibiting the sale,possession,or ,
use of synthetic cannabis and other synthetic alternative drugs and authorize the Mayor and City Clerk to
execute; seconded by Alderman Kot.
Police Chief Hart stated this is an ordinance that the department has been working on for a while with
several other jurisdictions. This ordinance has been shared with our drug task force in the area. Synthetic
Cannabis and synthetic alternative drugs are becoming a big problem.The main problem with synthetic
drugs is that they are not marketed for human consumption and are completely unregulated. One of the
biggest issues is that kids are overdosing on it and emergency rooms have no idea how to treat them. As
quickly as these chemicals are being made illegal,another alternative will be found. The City hopes that
the ordinance is going to address most of these issues.
Alderman Kot stated it is extremely important that the City Council passes this as well as every other
town in the county. It is important that schools recognize this issue and hopefully come up with some type
of education program for the students and parents. It is too late when the tragedy hits.
Police Chief Hart stated what scares him the most is the director of the local drug task force,who has had
several informants, said it would be better for the kids to seek out more natural illegal drugs. Those would
be safer than the ones the kids are buying.
Alderman Colosimo stated that as a municipality the City has the ability to stay ahead of the curve better
than the state does. Kids come up with a chemical combination that produces some sort of high and as
soon as it is illegal they change the chemical compounds and components to make it legal. It is a game of
catch-up at this point. By regulating it through the city, if the City Council finds out there is a new
chemical component out there the City Council can easily amend our ordinance and add that new
chemical with a two-week turnaround time.He is not one for intruding into people's private lives but
when it has had the effects that it has had then he firmly believes the City Council should pass this.
Motion approved by a roll call vote. Ayes-7 Nays-0
Kot-aye, Spears-aye,Colosimo-aye,
Funkhouser-aye,Milschewski-aye,Teeling-aye, Gilson-aye
ADMINISTRATION COMMITTEE REPORT
Ordinance Authorizing and Providing for the Issue of$11,140,000
General Obligation Refunding Bonds(Alternate Revenue Source),Series 2011
(CC 2011-104)
A motion was made by Alderman Spears to approve an ordinance authorizing and providing for the issue
of$11,140,000 general obligation refunding bonds(alternate revenue source), series 2011 of the United
city of Yorkville,Kendall County Illinois for the purpose of refunding the city's general obligation bonds
(alternate revenue source)series 2005 D andgeneral obligation refunding bonds(alternate revenue
source), series 2008 prescribing all the details of said bonds and providing for the collection and
segregation of revenues sufficient to pay such bonds and authorize the Mayor and City Clerk to execute;
seconded by Alderman Milschewski.
Mayor Golinski stated that City Administrator Olson would explain why this will be tabled tonight.
City Administrator Olson stated the City received an e-mail from our financial advisor and does have one
specific buyer to negotiate the sale.They came to the City and said what if the City is underestimating the
amount of sales tax revenue that it is getting and there is basically no or very limited prepayment clause in
the existing bond.They asked if the City wants some language in there and the city asked what is it going
to cost us.They replied nothing. They directed the language that said within$500,000 or$2 million per
year the city does have the ability to prepay it each year for the first few years. Through conversation,the
City found out that the bond buyer still has some minor changes to the agreement.Rather than get it
approved tonight,the City would bring it back to the Council in two weeks clean and it would not affect
the cost,and interest rate and it shouldn't impact the budget at all as far as debt service schedules.That is
the reason for the delay.
Alderman Colosimo tabled the above motion made by Alderman Spears to the October 25,2011 City
Council meeting; seconded by Alderman Gilson.
Motion approved by a roll call vote. Ayes-7 Nays-0
Spears-aye,Colosimo-aye,Funkhouser-aye,
Milschewski-aye,Teeling-aye,Gilson-aye,Kot-aye,
PARK BOARD
No report.
PLAN COMMISSION
No report.
The Minutes of the Regular Meeting of the City Council—October 11 2011—Page 4 of 6
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
Library Funds
Alderman Colosimo stated two weeks ago,the Library Board had an ordinance to transfer funds to the
Library Board contingent on them having a resolution.The resolution was approved by a 5 to 2 vote.The
transfer is in the works to transfer those funds to the Library.The Library Board is very appreciative of
the efforts of everyone in the City Council and City Administrator Olson that put this together.
STAFF REPORT
No report.
ADDITIONAL BUSINESS
Resident Complaint
Alderman Gilson wanted to give an update for he promised a resident he would voice their complaint
about a weed ordinance violation.The violation is on commercial property that is directly in front of and
backed up to five houses on Briarwood.The resident notified the city of the violation on September 6,
2011 and the ticket was not issued until October 7,2011.The resident feels that by having this
department headed up by someone who was also connected to economic development is a conflict of
interest and wonders why he had to call several times and get an alderman involved in order for the City
to do their job and issue a ticket in a timely manner.
Community Development Director Barksdale-Noble stated she spoke to the gentleman on several
occasions. The next day after the complaint was issued;the City did go out to the site and posted the site.
The city had trouble contacting the owner to get any conversation with him. The area in question is a
berm and was very overgrown. She has never heard any complaints prior to this gentleman calling.The
City is not able to go in and mow.Usually that's what the city does.The new building code official is now
officially handling that.Admittedly there may have been some lag but after it was brought to the City's
attention that there was a ticket issue,the city went out immediately and posted it.
Alderman Gilson stated he could not answer the resident as to why it took so long to issue the ticket and
said City Administrator Olson had no idea the ticket had been issued and was issued the day that.
Alderman Gilson called the City to get a response on it.
Community Development Director Barksdale-Noble stated she had no idea that the ticket was issued. She
knows that it was posted and the idea was for it to either be brought into compliance in five days or issued
a ticket.The City has a new intern working and a new building code official, so please forgive a lag. It
hasn't happened before,but this is just one of those incidences where it occurred.
Alderman Gilson stated he believes Community Development Director Barksdale-Noble is doing a great
job. He wanted to know what the City's general standard of procedure is when there is a clear violation
and a clear notice posted. He was sure that the City's ordinances were clear that a ticket should be issued
immediately and either sent via mail or given to the property owner.
City Administrator Olson stated that the simple issue is that it fell through the cracks.He thanks the
Alderman for reporting the complaint.The response would've been the same if the resident called the City
again and brought it to his or Community Development Director Barksdale-Noble's attention. In concept,
the City always writes the ticket if they don't post. If the City has the phone number, and there is time,a
phone call will be made to the owner.
Alderman Spears wanted to add that her residents have been very pleased with the job that Community
Development Director Barksdale-Noble has been doing. She has received many a thank you from her
residents and believes Community Development Director Barksdale-Noble has been doing a great job.
City Council Picture
Mayor Golinski stated the City Council will be taking a group picture the first Tuesday of November.
The Minutes of the Regular Meeting of the City Council—October 11, 2011 —Page 5 of 6
EXECUTIVE SESSION
Mayor Golinski entertained a motion to adjourn into Executive Session for:
1. 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.
2. The purchase or lease of real property for use of the public body.
3. For 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. So moved by Alderman Colosimo; seconded
by Alderman Kot.
Motion approved by a roll call vote. Ayes-7 Nays-0
Spears-aye,Milschewski-aye, Colosimo-aye,Kot-aye,
Teeling-aye, Gilson-aye,Funkhouser-aye
The City Council entered Executive Session at 7:52 p.m.
The City Council returned to regular session at 8:41 p.m.
Motion back into regular session approved by a roll call vote.Ayes-7 Nays-0
Colosimo-aye,Funkhouser-aye,Milschewski-aye,Teeling-aye,
Gilson-aye,Kot-aye, Spears-aye
MAYOR'S REPORT
Resolution 2011-25 Ken Com Agreement
(CC 2011-110)
Mayor Golinski entertained a motion to approve a resolution approving an intergovernmental agreement
creating Kendall County Emergency phone service and Communication Board dated November 18,2010,
with change in amount to contribution of Kendall County and authorize the Mayor and City Clerk to
execute. So moved by Alderman Funkhouser; seconded by Alderman Kot.
Alderman Spears stated the residents of Yorkville,Plano, and Oswego should be appalled.The County is
already taxing the City of Yorkville and Yorkville has a public safety tax that should be covering Ken
Com,their personnel, and operations.The County board has elected to double tax our residents. County
residents are not going to be double taxed,just Yorkville residents.Hopefully in the future the City can
do something to change this however at this time there are no options.Either the City will cover the 911
emergency services or the City will be thrown into our police department for emergency services.
Yorkville does not have the correct facilities and no manpower to handle that. Alderman Spears is going
to vote in favor,reluctantly,to pass this and keep our residents and emergency personnel safe.
Alderman Gilson asked if the city has looked into joining the Montgomery or Sugar Grove
intergovernmental agreement before the City settles. City Administrator Olson stated yes,but nothing to
the point of sitting down and negotiating a deal. Alderman Gilson's asked if estimates were done to see
what the start up cost would be.
Police Chief Hart spoke to Montgomery and it would be over$200,000 a year.That price was based on a
very rough estimate.That did not include entrance fees or upgrades. To start our own City's dispatch
center would cost over$2 million a year. Alderman Teeling asked how Montgomery has afforded to do
this.Montgomery has always done this on their own from the start so they have had the equipment and
personnel over all these years.Mayor Golinski stated if the City were ever interested in starting our own
911 dispatch center it would have to give notice now, for in the agreement with Ken Com,the City has to
give four years notice.Ken Com can kick us out with zero notice any time.
Alderman Gilson stated that this is a bad situation for Yorkville and its citizens.The city is put between a
rock and a hard place.He does not believe we have much of a choice other than to vote for this. He can
see this issue coming right back to the table and the city being in the same exact position that we're in
now years down the line. He will vote for this but the citizens of Yorkville should be outraged.
Alderman Colosimo stated he agrees with Alderman Spears and Alderman Gilson.He will be voting for
this for 911 services for it cannot be disconnected for our residents who need that vital service but he has
many objections to this agreement. This agreement has been entered into years ago. There are several
things to consider.Residents of Kendall County unincorporated should be very happy with this agreement
because the burden will be carried by the residents of Plano,Yorkville,and Oswego. There is something
that can be done in the future however it does take time.He has always advocated that municipal and
local elections are very important and some of the lowest voter turnouts happen during those elections. He
The Minutes of the Regular Meeting of the City Council—October 11,2011—Page 6 of 6
would like to remind the residents that the County Board is up for reelection. It is very clear who
supported the residents of our municipalities and who supported double taxing the residents of our
municipalities.He would encourage everybody to do their due diligence and pay attention when voting.
Motion approved by a roll call vote. Ayes-7 Nays-0
Gilson-aye,Kot-aye, Spears-aye,Colosimo-aye,
Funkhouser-aye,Milschewski-aye,Teeling-aye
ADJOURNMENT
Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Milschewski;
seconded by Alderman Spears.
Motion approved by a roll call vote. Ayes-7 Nays-0
Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye,
Teeling-aye, Gilson-aye,Kot-aye
Meeting adjourned at 8:49 p.m.
Minutes submitted by:
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Beth Warren,
City Clerk, City of Yorkville, Illinois
REGULAR CITY COUNCIL MEETING
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