City Council Minutes 2007 03-27-07 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. MARCH 27, 2007.
Mayor Prochaska called the meeting to order at 7:02 P.M and led the Council in the Pledge of
Allegiance.
ROLL CALL
Clerk Milschewski called the roll.
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Ward I James Present
Leslie Absent
Ward II Burd Present
Gohnski Present
Ward III Bock Present
Munns Present (arrived 7 :22 p.m.)
Ward IV Besco Absent
Spears Present
Also present: City Clerk Milschewski, City Treasurer Powell. City Attorney Wyeth, Interim City
Administrator Crois, Assistant City Administrator Olson, Finance Director Mika, Director of
Public Works Dhuse, Police Chief Martin, Director of Park & Recreation Mogle, Community
Development Director Miller and Public Relations Manager Spies.
.QUORUM
A quorum was established.
INTRODUCTION OF GUESTS
Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests
and asked them to enter their names on the attendance sheet provided.
AMENDMENTS TO THE AGENDA
None.
COMMITTEE MEETING DATES
Public Works Committee Committee of the Whole
7:00 P.M., Tuesday, April 18, 2007
City of Yorkville Conference Room
Economic Development Committee Committee of the Whole
7:00 P.M., Tuesday, April 18, 2007
City of Yorkville Conference Room
Administration Committee Committee of the Whole
7:00 P.M., Tuesday, April 3, 2007
City of Yorkville Conference Room
Public Safety Committee Committee of the Whole
7:00 P.M., Tuesday, April 3, 2007
City of Yorkville Conference Room
PRESENTATIONS
None.
PUBLIC HEARINGS
DTD Investments, LLC
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing
DTD Investments, LLC, petitioner, as filed an application with United City of Yorkville, Kendall
County, Illinois requesting annexation to the United City of Yorkville and rezoning from Kendall
County A -1 Agricultural to United City of Yorkville B -3 Service Business District. The real
property consists of approximately 4.2214 acres, located at 6684 Route 47, Kendall Township,
Yorkville, Illinois. So moved by Alderman James; seconded by Alderman Golinski.
Motion approved by a roll call vote. Ayes -5 Nays -0
Bock -aye, Spears -aye, Burd -aye, James -aye, Golinski -aye
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The Minutes of the ReLyular Meetine of the Citv Council — March 27, 2007 — na ee22
Attorney Kelly Kramer, representing DTD Investment, addressed the City Council. She indicated
that the property is located directly north of the Kendall County Highway Department property on
the east side of Route 47. The developer is petitioning to annex to the City and rezone from
Kendall County A -1 Agricultural District to United City of Yorkville B -3 Service Business
District. Currently there is no identified user however it the site will have a destination site
business as opposed to a strip mall. The developer is in negotiations with Kendall County to
purchase an easement for access. There is also standard language in the agreement for a sales tax
incentive for public improvements.
Mayor Prochaska opened the floor for public comment; there was none.
Mayor Prochaska opened the floor for City Council comment.
Director Dhuse asked if the southeast easement is being preserved and Attorney Kramer stated
that it was.
Alderman James asked what the plan was for the existing house and Attorney Kramer stated that
the Bristol - Kendall Fire Department is using the building for training. When they are done it will
be demolished.
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Alderman Bock stated he was glad to see the property used for something other than a strip mall.
There were not further comments.
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Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Bock;
seconded by Alderman Spears.
Motion approved by a roll call vote. Ayes -5 Nays -0
Spears -aye, Burd -aye, James -aye, Golinski -aye, Bock -aye
CITIZEN COMMENTS
CONSENT AGENDA
1. Resolution 2007 -18 - Approving the Preliminary Plan for Yorkville Estates - Authorize
Mayor and City Clerk to execute, subject to all staff comments including, but not limited to
the March 12, 2007 memo from Travis Miler including all attachments thereto and legal
review (PC 2005 -32)
2. Engineering Enterprises, Inc. Agreements for ComEd Trail Design — approve in an
amount not to exceed $36,030. 00 for Part I, Part II is contingent upon obtaining funding
of $43,650. 00 and authorize Mayor and City clerk to execute (EDC 2007 -09)
3. Bristol Bay Recapture Agreement — approve contingent upon YBSD agreement and
authorize Mayor and City Clerk to execute (EDC 2007 -13)
4. Resolution 2007 -19 - Downtown TIF — Tuscan Plaza Inducement Resolution — authorize
the Mayor and City Clerk to execute (EDC 2007 -14)
5. Raintree Village Unit 5 — Letter of Credit Expiration — authorize City Clerk to call letter of
credit unless it is renewed by May 9, 2007 (PW2007 -46)
6. Raintree Village Unit 6 — Letter of Credit Expiration — authorize City Clerk to call letter of
credit unless it is renewed by May 9, 2007 (PW2007 -46)
7. McVickers Development (Route 47 Improvements) — Bond Reduction # 1 - authorize
reduction in an amount not to exceed $72,640.08 subject to verification that developer has
no outstanding debt owed to city (PW 2007 -48)
8. Grande Reserve Unit 12 — Outfall Storm Sewer Letter of Credit Reduction #1 - authorize
reduction in an amount not to exceed $228,019.95 subject to verification that developer
has no outstanding debt owed to city (PW 2007 -49)
9. Grande Reserve Unit 12 — Site Development Letter of Credit Reduction 41 - authorize
reduction in an amount not to exceed $156,343.20 subject to verification that developer
has no outstanding debt owed to city (PW 2007 -50)
10. Grande Reserve Unit 13 & 19a — Site Development Letter of Credit Reduction #1 -
authorize reduction in an amount not to exceed $186,173.74 subject to verification that
developer has no outstanding debt owed to city (PW 2007 -51)
11. Grande Reserve Unit 14, 18, 19b & 25 — Site Development Letter of Credit Reduction 91
- authorize reduction in an amount not to exceed $545,717.31 subject to verification that
developer has no outstanding debt owed to city (PW 2007 -52)
12. Grande Reserve Unit 15 & 22 — Site Development Letter of Credit Reduction #1 -
authorize reduction in an amount not to exceed $406,832.62 subject to verification that
developer has no outstanding debt owed to city (PW 2007 -53)
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The Minutes of the Regular MeetinLy of the Citv Council — March 27, 2007 — nab
13. Grande Reserve Unit 20 & 21 — Site Development Letter of Credit Reduction #I -
authorize reduction in an amount not to exceed $103,850.68 subject to verification that
developer has no outstanding debt owed to city (PW 2007 -54)
14. Grande Reserve Unit 23, 26, & 27 — Site Development Letter of Credit Reduction #1 -
authorize reduction in an amount not to exceed $277,791. 10 subject to verification that
developer has no outstanding debt owed to city (PW 2007 -55)
15. In -Town Road Program (Phase 2 Roadways) — Bid Results — Award to Aurora Blacktop,
Inc. in an amount not to exceed $1,232,735.79 subject to staff and legal review (PW 2007-
56)
16. Well Nos. 3 & 4 Treatment Facility — Change Order #4 — authorize increase in an amount
no to exceed $3,338. 00 and authorize Mayor to execute (PW 2007 -57)
17. Resolution 2007 -20 - IDOT Highway Permit and Resolution — Yorkville Market Square —
authorize Mayor and City clerk to execute (PW 2007 -58)
18. Resolution 2007 -21 - FY 2007 -2008 General Maintenance MFT Appropriation Resolution
— authorize Mayor and City Clerk to execute (2007 -59)
19. Game Farm Road/Somonauk Street (PW 2007 -60)
a. Smith Engineering Consultants — Plat of Highways Proposal — authorize Mayor and
City Clerk to execute
b. Resolution 2007 -22 - MFT Appropriation Resolution — approve in an amount not to
exceed $67,800. 00 and authorize City Clerk to execute
20. Grant of Temporary Construction Easement Agreement — 135 Van Emmon Street —
authorize Mayor and City Clerk to execute (PW 2007 -36)
21. Bristol Bay Units 1 -7 — Letter of Credit Reduction — approve as presented, subject to staff
comments as contained in Joe Wywrot's memo dated 3116107 (PW 2007 -64)
22. Ordinance 2007 -27 - Providing for Issuance of Special Service Area Number 2006 -113
Ad Valorem Tax Bonds, Series 2007 (Cannonball/Beecher Road Project) - authorize
Mayor and City Clerk to execute (COW 2007 -02)
Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved
by Alderman Gohnski; seconded by Alderman Burd.
Motion approved by a roll call vote. Ayes -5 Nays -0
Burd -aye, James -aye, Golinski -aye, Bock -aye, Spears -aye
PLANNING COMMISSION /ZONING BOARD OF APPEAL
No report.
MINUTES FOR APPROVAL
A motion was made by Alderman James to approve the minutes of the City Council meetings of
December 26, 2006 and January 9, 2007 and the Committee of the Whole meeting of February
20, 2007; seconded by Alderman Bock.
Alderman Spears noted a correction needed to the COW minutes; page 12, last paragraph, first
sentence should read "all members shall serve at the pleasure of the chairman ".
Motion approved by a viva voce vote.
BILLS FOR APPROVAL
A motion was made by Alderman James to approve the paying of the bills listed on the Detailed
Board Report dated March 15, 2007 totaling the following amounts: checks in the amount of
$1,653,403.54 (vendors); $218,404.64 (payroll period ending 3/3/07); for atotal of $1,871,808.18
(total); seconded by Alderman Spears.
Motion approved by a roll call vote. Ayes -5 Nays -0
James -aye, Golinski -aye, Bock -aye, Spears -aye, Burd -aye
REPORTS
MAYOR'S REPORT
Proclamation for 50th Anniversary Celebration
Mayor Prochaska read a proclamation (see attached) recognizing the 50 Anniversary of the
uniting of the Village of Yorkville and the Village of Bristol. He entertained a motion to ratify
the proclamation. So moved by Alderman Bock; seconded by Alderman Spears.
Motion approved by a viva voce vote.
The Minutes of the Regular Meetine of the Citv Council — March 27. 2007 —Wage 4
Certificates of Recognition for Public Works Employees
Mayor Prochaska reported that the United City of Yorkville has been recognized with several
awards for its efforts to become radium compliant. He stated that this could not have been done
without the help of the Public Works, Park and Recreations Departments. He presented
Certificates of Recognition for their dedication and commitment to the water system upgrade to
the following employees; Scott Sleezer, John Sleezer, Dave Behrens, Joe Moore, Kevin
Lawrentz, Mike Waters, Brian Sorenson, Brent Behrens, Tony Medina, Albert "Junior" Collins,
Bob Weber, Matt Schwickerath, Knstopher Gawrych, Matt Seng, Pete Scodro, Adam Hake,
Durken Henne, Ryan Homer, Jamie Jackson, Tony Houle and Leanne Kanan. He thanked them
for the great job they did. Mayor Prochaska noted that Public Works Director Eric Dhuse did not
include himself in the list for recognition however Mayor Prochaska presented him with an award
also.
Director Dhuse reported that Kevin Lawrentz completed his Class "C" Water Operator License.
He stated that this is a big step and he is on his way to getting a Class "A" License.
Alderman Spears thanked the Public Works employee for their work on the watermain in
Countryside.
EXECUTIVE SESSION
Mayor Prochaska entertained a motion to go into executive session for the appointment,
employment, compensation, discipline, performance or dismissal of specific employees of the
public body or legal counsel for the public body, including hearing testimony on a complaint
lodged against an employee of the public body or against legal counsel for the public body to
determine its validity. He asked that Clerk Milschewski, Attorney Wyatt, Administrator Crois
and Finance Director Mika be included in the session. So moved by Alderman Golinski;
seconded by Alderman Bock.
Motion approved by a roll call vote. Ayes -6 Nays -0
Golinski -aye, James -aye, Munns -aye, Burd -aye, Spears -aye, Bock -aye
The City Council entered in to executive session at 7:25.
The City Council returned to regular session at 7:48
MAYOR'S REPORT CONTINUED
Resolution 2007 -23 Approving a Revised Salary Schedule
(ADM 2007 -21)
Mayor Prochaska entertained a motion to approve a resolution approving a Revised Salary
Schedule, as presented. So moved by Alderman Golinski, seconded by Alderman Munns.
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Motion approved by a roll call vote. Ayes -5 Nays -1
Munns -aye, Burd -aye, Spears -nay, Bock -aye, Golinski -aye, James -aye
Resolution 2007- 24 Regarding Adjustments to Salaries
Based Upon New Salary Ranges
(ADM 2007 -21)
Mayor Prochaska entertained a motion to approve a resolution regarding adjustments to salaries
based upon new salary ranges, as presented. So moved by Alderman James; seconded by
Alderman Bock.
Alderman Munns clarified that if an employee moves from a current position in the old range to
the same position in the new range, it will have to be recommended by a department head. Mayor
Prochaska stated that this was correct except for the City Administrator, Police Chief, or the
Director of Park & Recreation. These would have to be recommended by the mayor. Mayor
Prochaska also noted that the words "may" and "discretion" are used which means this is not an
automatic increase.
Motion approved by a roll call vote. Ayes -6 Nays -0
Burd -aye, Spears -aye, Bock -aye, Gohnski -aye, James -aye, Munns -aye
COLA/Merit Raises for FY 07/08
(ADM 2007 -23)
Mayor Prochaska entertained a motion to approve COLA/Merit raises for Fiscal Years 07/08 in
the amount of 2% for COLA and a maxim of 2% for Merit. So moved by Alderman Munns;
seconded by Alderman Golinski.
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The Minutes of the Regular Meeting of the Citv Council — March 27, 2007 — Dage 5
Motion approved by a roll call vote. Ayes -6 Nays -0
Spears -aye, Bock -aye, Golinski -aye, James -aye, Munns -aye, Burd -aye
Ordinance 2007 -28 Approving the Revision of the 2006/2007 Fiscal Budget
(ADM 2007 -29)
Mayor Prochaska entertained a motion to approve an ordinance approving the revision of the
2006 -207 Fiscal Budget, as presented. So moved by Alderman Bock; seconded by Alderman
James.
Director Mika noted that the questions raised at the Committee of the Whole meeting regarding
the funding for the doors for the Beecher Center and City Hall have been addressed. Funding has
been identified; $4,000.00 will be moved from the Library line item to the Municipal Building
Fund.
Motion approved by a roll call vote. Ayes -6 Nays -0
Bock -aye, Golinski -aye, James -aye, Munns -aye, Burd -aye, Spears -aye
CITY COUNCIL REPORT
No report.
ATTORNEY'S REPORT
No report.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
No report.
CITY ADMINISTATOR'S REPORT
No report.
Alderman Bock thanked Administrator Crois, Assistant City Administrator Olson and staff for
their fantastic job organizing and setting up for the landfill public hearing. Alderman Spears
recommended that they get a bonus for their work.
FINANCE DIRECTOR'S REPORT
Director Mika indicted that the Fiscal Year 2007/2008 Budget revisions should be in the Council
member's mailboxes by Tuesday, April 3, 2007. Changes will be colored coded.
DIRECTOR OF PUBLIC WORKS REPORT
Director Dhuse reported that the In -Town Road Program is progressing with work on Mill and
Fox Street. The watermain and storm sewer is being replaced.
CHIEF OF POLICE'S REPORT
Chief Martin reported that today was day one of a three day NIMS training program that staff is
attending.
DIRECTOR OF PARKS & RECREATION'S REPORT
No report.
COMMUNITY DEVELOPMENT DIRECTOR'S REPORT
Director Miller reported that invitations have been sent out to residential developers in the
community inviting them to a meeting at City Hall on April 12, 2007 at 2:00 p.m. regarding the
proposed accessible living ordinances.
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COMMUNITY RELATIONS OFFICER'S REPORT,
Mrs. Spies reported that DVD's of the public hearing through March 16, 2007 are available.
Anyone interested should contact her. Also, she thanked the Waubonsee Community College
team for putting the City Hall art exhibit together. Finally, she reminded everyone that the
Founding Father Celebration for the 50 Anniversary will be held April 9, 2007. She reminded
anyone interested in attending to R.S.V.P.
COMMUNITY & LIAISON REPORT
No report.
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The Minutes of the Rezular Meetinz of the Citv Council — March 27, 2007 — Daze 6
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COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
No report.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
Approving Variance for Signage for the Pearl Vision
Business Located at 620 Veterans Parkway
(ZBA 2006 -99)
A motion was made by Alderman Munns to approve an ordinance approving a variance for
signage for the Pearl Vision business located at 620 Veterans Parkway, as presented, subject to
final legal and staff review; seconded by Alderman Spears.
Alderman Muni stated that it was discussed that it was not appropriate to have a sign in the back
of a business however the security lights on the back of the building are brighter than any sign.
He did not feel the sign would be any more obtrusive. He recommended that the variance be
granted.
Mayor Prochaska noted that the Stonefire Restaurant and Cafe 47 have signs that are
perpendicular to the road however the signs on these buildings are not lit. This variance is
requesting that the sign be lit and he objected to this.
Alderman Spears noted that if this is approved, it would be setting a precedent. She stated that
she was not comfortable with this.
Alderman James stated that the City should look at the type of lighting that it on the back of
buildings. He felt there should be a requirement that the lighting should be deflected down so it
does not point out toward homes.
Alderman Bock agreed with Alderman Spears. He stated that he understood there are reasons for
variances on an occasional basis for extraordinary reasons but he didn't feel one was appropriate
for the sign. He stated that if it was the consensus of the Council to allow a sigh he did not feel it
should be lit.
Alderman Burd suggested tabling or postponing this matter until it could be investigated. There
was some discussion regarding this. Alderman James suggested voting on the matter and send
clear direction that a lit sign is not right. Alderman Golinski asked for clarification on the Zoning
Board of Appeals process. He noted that they voted unanimously against the sign.
Motion defeated by a roll call vote. Ayes -0 Nays -6
Gohnski -nay, James -nay, Munns -nay, Burd -nay, Spears -nay, Bock -nay
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
No report.
ADDITIONAL BUSINESS
Videographer Salary
Alderman Spears noted that she asked for information regarding the court reporters fee.
Administrator Crois stated he would get the information to her tomorrow. She asked that the
salary for the vdeographer be put on the Administration Committee agenda for further
discussion.
IDOT Meeting
Mayor Prochaska reported that he, Director Miller and Administrator Crois went to Springfield to
meet with the new IDOT secretary and Representative Lindner. They went over all the major and
pending projects for the state highways in Yorkville. He stated that they had a good discussion
and he felt that IDOT is willing to look at the creative ways Yorkville is trying to implement to
get the highways improved. He noted that Director Miller will be setting up more meetings to
discuss programs and funding mechanisms_ He noted that the engineering is almost completed
for the Route 47 widening through town. This project is pending capital funding from the state.
Alderman Burd asked if there would be reimbursement for the front funding. Mayor Prochaska
stated that this was discussed at the meeting and it was suggested that legislative action may be
needed to make this happen.
The Minutes of the Regular Meeting of the Citv Council — March 27, 2007 — page 7
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Election Signs
Alderman Spears recommended that at the next election candidates be informed of the City and
state ordinances regarding signs. She noted that signs should not be placed in the right -of -way.
Mayor Prochaska stated that he spoke with Building Inspector Dettmer and the Freedom of
Speech applies and it is hard to enforce. Alderman Spears noted that the City of Aurora picks up
signs that are placed where they shouldn't be and the candidates are fined.
ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Spears; seconded by
Alderman Burd.
Motion approved by a viva voce vote.
Meeting adjourned at 8:16 P.M.
Minutes submitted by:
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Jacquelyn Milschewski,
City Clerk City of Yorkville, Illinois
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CITY COUNCIL MEETING
March 27, 2007
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