City Council Minutes 2006 12-26-06 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. DECEMBER 26, 2006.
Mayor Prochaska called the meeting to order at 7:00 P.M and led the Council in the Pledge of
Allegiance.
ROLL CALL
Clerk Milschewski called the roll.
Ward I James Present
Leslie Absent
Ward II Burd Absent
Wolfer Present
Ward III Bock Present
Mums Present
Ward IV Besco Present
Spears Present
Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Wyeth, Interim City
Administrator Crois, Assistant City Administrator Olson, Police Lieutenant Hart, 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
Alderman Spears asked that Item #10 — King Street Raw and Finished Watermains Change Order
be removed from the Consent Agenda and placed under the Public Works Committee Report for
further discussion.
COMMITTEE MEETING DATES
Public Works Committee Committee of the Whole
7:00 P.M., Tuesday, January 16, 2007
City of Yorkville Conference Room
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Economic Development Committee Committee of the Whole
7:00 P.M., Tuesday, January 16, 2007
City of Yorkville Conference Room
Administration Committee Committee of the Whole
7:00 P.M., Tuesday, January 2, 2007
City of Yorkville Conference Room
Public Safety Committee Committee of the Whole
7:00 P.M., Tuesday, January 2, 2007
City of Yorkville Conference Room
PRESENTATIONS
None.
PUBLIC HEARINGS
47 Corneils, LLC
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing PC
2006 -62, 47 Corneils, LLC, petitioner, who has filed an application with the United City of
Yorkville, Kendall County, Illinois requesting annexation to the United City of Yorkville and
rezoning from Kendall County, A -1 Agricultural District to United City of Yorkville B -3 Service
Business District and for hearing as to the Annexation Agreement of the Petitioner. The real
property consists of approximately 5 acres located at 2113 Route 47, Yorkville, Kendall County,
Illinois. So moved by Alderman Bock; seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes -6 Nays -0
Bock -aye, Spears -aye, Mums -aye, James -aye, Wolfer -aye, Besco -aye
The Minutes of the Regular Meeting of the Citv Council — December 26. 2006 — page 2
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 public hearing
Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman
Besco; seconded by Alderman Spears.
Motion approved by a roll call vote. Ayes -6 Nays -0
Spears -aye, Munns -aye, James -aye, Wolfer -aye, Besco -aye Bock -aye
CITIZEN COMMENTS
Tom Gilmore, Kendall County resident, commented that since the Newark Library Board did not
receive notice of the annexation agreement for the Northstar annexation that the annexation has
reverted back to "square one ". He commented that now the City Council has a second chance to
reconsider the annexation agreement and show that they really don't want a landfill by voting
against it. If this is done, the landfill won't be in the City and the property will be under the
jurisdiction of Kendall County where the public feels it belongs. He felt that if this is approved
again it will be the biggest blunder in the history of the city. He noted that some members of the
City Council have felt that they have been uninformed and threatened by a law suit without cause.
He felt that this was an opportunity to turn the situation around and make the process right.
Michele Moses, 1844 Columbine Drive, addressed the City Council and made herself available
for comments or questions about the Sunflower Estates Special Service Area.
George Gilson, 498 Sunflower Court, addressed the City Council. He asked them to look at the
"re -do" on the Annexation Agreement (due to improper noticing) and do the right thing. In
regards to the "gag rule ", he asked the City Council to review two cases which state that the
landfill process is not tainted by contacts on the subject. He read from the cases and stated that
while he is not an attorney, he has reviewed them and feels that the Council can speak off the
record to people about the landfill as long as they do not reveal the information that is included in
the siting application. He stated that the gag rule is an opinion, the City Council should re-
examine it and begin to speak with their constituents. He stated he would provide the Council
with the case numbers..
Joanne Gilbert, Kendall County resident, asked that since the zoning was invalid, wouldn't there
need to be a new application for the landfill. Mayor Prochaska stated that this issue is currently
being researched and the attorney will have more information at the January 2, 2007 Committee
of the Whole meeting. He reminded everyone that part of the property has been properly
annexed.
Todd Milliron, Kendall County resident, asked if the audit had been completed for the City.
Mayor Prochaska reminded Mr. Milliron that this portion of the meeting is for comments and
stated that the audit has not been completed. Mr. Milliron asked how many hours have been
spent on the audit. Mayor Prochaska reminded Mr. Milliron again that this portion of the meeting
is for comments and not for putting the staff on notice. Alderman Wolfer suggested Mr. Milliron
call the City offices and ask the appropriate staff his question so that they can provide an answer.
Mr. Milliron asked if the audit was ongoing, was not resolved and if the books are not corrected.
Mayor Prochaska noted that audit is one thing however Mr. Milliron is putting several things
together. Mr. Milliron commented that the City does not know how many hours have been spent
or how much expense this has been to the City for someone not doing their job. He stated that the
payroll books have been off since 2003 and no one seems concerned with this. Mayor Prochaska
suggested that Mr. Milliron talk with the Finance Director and he would find out that what he is
saying is incorrect. Mayor Prochaska asked Mr. Milliron to make his comment but stop assuming
things. Mr. Milliron stated that he was trying to figure out where the City is at with the audit.
Aldermen James and Wolfer thanked Mr. Milliron for his comments and Alderman Wolfer again
suggested he speak with staff. Mr. Milliron asked where the City Treasurer is in this matter.
Treasurer Powell noted that this is a recognized problem that has been under discussion for a
number of weeks. He stated that Mr. Milliron's persistence in the matter isn't going to speed the
process up. He stated that he did not understand the purpose of Mr. Milliron's comments.
Treasurer Powell stated that no money was stolen, payroll was met and all the bills have been
paid. He asked Mr. Milliron to give the staff a chance to complete their work. Mr. Milliron
asked if the City was going to ask for an extension and if so what excuse will be given. Mayor
Prochaska stated that the City will ask for an extension and the reason for an extension will be
that the audit is not done. He tried to explain to Mr. Million the reconciliation process which was
not completed.
The Minutes of the Regular Meeting of the Citv Council — December 26, 2006 — page 3
Mr. Milliron stated that in the past, one employee did the entire job including Human Resources,
payroll and balancing the books for thirteen years with little or no errors. He went on to say that
then Tracy Pleckham was hired and these problems occurred under her watch. Mayor Prochaska
noted that the problem actually started before Mrs. Pleckham was hired and has been worked on
since then.
Alderman Spears asked if all funds were accounted for. Mayor Prochaska stated that they were
and that the books are reconciled into what is considered the norm. He stated that Director Mika
explained to him that when a budget is this high, it never gets to zero but rather to a point where it
is a reasonable amount. He went on to explain that the auditors have suggested that the City
Council vote to "true up" the books which no Council has never done before. Without this being
done, the amount can grow over the years. Alderman Spears asked what is considered a
reasonable amount and Administrator Crois stated that it is a percentage of the total budget. He
stated that the reconciliation has been completed and the information has been sent to the
auditors who will be in on December 29, 2006. He stated that the amount that is still un-
reconciled is well within the acceptable range in accounting practices. Alderman Spears asked
that the Council receive this information by the next meeting and that it be reviewed by the
Administration Committee. Administrator Crois stated that the Council will receive the audit
with the auditors present to explain it. Once everything is resolved, Director Mika will report to
the Council. The audit target date in the end of January.
Alderman Wolfer asked Mr. Milliron if he was stating publicly, without having spoken to Mrs.
Pleckham or Director Mika, that this problem is Mrs. Pleckham fault. Mr. Milliron's replied that
he did not state it was Mrs. Pleckham's fault but that it happened on her watch. He reiterated that
one person took care of the books for thirteen years; did payroll, paid the bills, and also was a
human resource person. Alderman Wolfer asked if Mr. Milliron understood that the City has
grown to a point were both Mrs. Pleckham and Director Mika have asked for another full -time
position due to the amount of time needed to do the books. Mr. Milliron stated that he understood
this.
Mr. Milliron clarified that the audit will not be done until late January 2007 and that the state will
be given the explanation that the audit is not complete but there is no reason why it is not
completed. He stated that when someone does not do a job there is a reason.
Alderman Besco reminded Mr. Milliron that he was at a City Council meeting and that he was
speaking to the elected mayor and it is inappropriate to address him by his first name. He asked
Mr. Milliron to refer to the mayor as "your honor" or "Mr. Mayor ". Mr. Milliron stated he could
do this.
Mr. Milliron noted that $3.5 million was about 20% of the annual City budget and this is the
amount the books "were out of whack" when this was caught after the new Finance Director,
Susan Mika, was hired. He stated he was waiting for an excuse or reason for this. Mayor
Prochaska noted that after Mrs. Pleckham left the City's employ there was a several month period
without a Finance Director. Mr. Milliron noted that the City had a consultant during this period
and asked if this was the period in which the Library Levy was handled. Mayor Prochaska once
again explained to Mr. Milliron the Library Levy process. Mr. Milliron stated that the County
Clerk has been blamed for the levy when it could have been someone at the City who "dropped
the ball ".
Alderman Bock stated that he had listened to this information from Mr. Milliron four or five
times and unless there were comments from anyone else in the audience he made a motion that
the City Council cease Citizen's Comments; seconded by Alderman Wolfer.
Alderman Bock stated that he has a good memory and has this information lock away and does
not need to hear it again. Mr. Milliron asked Alderman Bock if he was going to use the
information and Alderman Bock stated he would. Mr. Milliron asked him to put it to good use
and sat down.
Mayor Prochaska noted that there was a motion on the floor with a second. Alderman Bock
stated that his motion was to end unless there were other citizen comments. Alderman Wolfer
rescinded his second.
Wally Werderich, 486 Sunflower Court, commented that he was contacted by a representative of
the press asking for a comment on the lack of notification to the Newark Library District in
regards to the annexation process. He responded that the City Council has a chance to look at this
again and perhaps change their minds. He was concerned because the reported said to him that at
this point it may appear that the Northstar Trust Company may hold the City Council's "feet to
the fire if they change their minds "; there may be a lawsuit over the fact that there was an
The Minutes of the Regular Meeting of the Citv Council — December 26, 2006 — vage 4
agreement formed and now the City Council is doing something opposite to the first agreement.
He commented that he felt that the City Council did everything they were supposed to do in
regards to the process of the annexation. He noted that an agreement is between two parties and
Northstar Trust Co. is the party who made the mistake. He reminded the City Council that if a
lawsuit is threatened, the City Council is sitting in the "cat -bird seat".
Chuck Roberts, 305 E. Main, stated that he was present at the last meeting and there were issues
brought up that surprised a few aldermen. He stated that if there have been items hidden in the
agreement or misunderstood, what is the guarantee that the agreement will be adhered to in the
future. He expressed his lack of confidence in either party in regards to a landfill. He asked if
this is the party that the City wants to do business with.
Joanne Gilbert readdressed the City Council and asked who residents should call about problems
with the composting operation. Attorney Wyeth stated that the residents should still contact the
City's Building Department.
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George Gilson readdressed the Council and commented that the Friends of Greater Yorkville
(FOGY) have contacted the Attorney General's Office, Lisa Madigan. He stated that she is
watching the process closely. He stated that without proper notice there is no annexation
agreement and with out the agreement, the whole process has to begin over again. He reiterated
what Mr. Werderich stated, the City Council has fulfilled their end of the contract; Northstar did
not give proper notice. He asked the Council not to be intimidated by them.
CONSENT AGENDA
1. Building Permit Reports for November 2006 (EDC 2006 -33)
2. Resolution 2006 -116 - Approving the Preliminary Plat of Subdivision for Grande Reserve
Unit 25 - authorize Mayor and City Clerk to execute (PC 2006 -82)
3. Resolution 2006 -117 - Approving the Preliminary Plat of Subdivision for Grande Reserve
Unit 26 - authorize Mayor and City Clerk to execute (PC 2006 -83)
4. Resolution 2006 -118 - Approving the Preliminary Plat of Subdivision for Grande Reserve
Unit 27 - authorize Mayor and City Clerk to execute (PC 2006 -87)
5. Resolution 2006 -119 - Approving the Final Plat of Subdivision for Hudson Lakes Unit 1 —
authorize Mayor and City Clerk to execute, subject to inclusion of the school site within
the Final Plat, conveyance of the school site immediately after recording the Final Plat,
that the number of units in the final plat shall be consistent with the number of units
allowed by the Annexation Agreement, and staff and legal review conditioned on
adjustments consistent with the review (PC 2006 -81)
6. Steve Horve Builders, Inc. Request for Reduced Sewer Connection Fee for SLF Yorkville
- approve a sewer connection fee in an amount of $46, 750.00 (EDC 2006 -34)
7. Blackberry Woods Annexation - .076 Correction (PC 2006 -94)
a. Ordinance 2006 -150 - Annexing - authorize Mayor and City Clerk to execute
8. Raymond Stormwater Management and Storm Sewer Outfall Improvement Agreement -
authorize Mayor and City Clerk to execute (EDC 2006 -36)
9. State Street Finished Watermain — Change Order #2 - authorize decrease in an amount not
to exceed $3304.00 and authorize Mayor to execute (PW 2006 -209)
10. Grande Reserve Units 2 & 5 — Letter of Credit Reduction #1 - authorize decrease in an
amount not to exceed $6764.76, subject to verification that developer has no outstanding
debt owed to city (PW 2006 -212)
11. Grande Reserve Unit 12 — Letter of Credit Reduction #1 - authorize decrease in an amount
not to exceed $263,65 7.9 7, subject to verification that developer has no outstanding debt
owed to city (PW 2006 -213)
12. Grande Reserve Unit 13 — Letter of Credit Reduction #1 - authorize decrease in an amount
not to exceed $503,528.79, subject to verification that developer has no outstanding debt
owed to city (PW 2006 -214)
13. Grande Reserve Unit 14 — Letter of Credit Reduction #1 - authorize decrease in an amount
not to exceed $341,862.03, subject to verification that developer has no outstanding debt
owed to city (PW 2006 -215)
14. Grande Reserve Unit 15 — Letter of Credit Reduction #1 - authorize decrease in an amount
not to exceed $770, 656 43, subject to verification that developer has no outstanding debt
owed to city (PW 2006 -216)
15. Grande Reserve Unit 20 — Letter of Credit Reduction #1 - authorize decrease in an amount
not to exceed $914,770.31, subject to verification that developer has no outstanding debt
owed to city (PW 2006 -217)
16. McVickers Development — Letter of Credit Reduction #1 - authorize decrease in an
amount not to exceed $184,046 30, subject to verification that developer has no
outstanding debt owed to city (PW 2006 -218)
The Minutes of the Regular Meeting of the Citv Council — December 26, 2006 — uage 5
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The Minutes of the Regular Meeting of the Citv Council — December 26, 2006 — page 5
17. Cannonball Estates Unit 1 — Letter of Credit Reduction #6 - authorize decrease in an
amount not to exceed $47,215.28, subject to verification that developer has no outstanding
debt owed to city (PW 2006 -219)
18. Cannonball Estates Unit 2 — Letter of Credit Reduction #6 - authorize decrease in an
amount not to exceed $34,026.28, subject to verification that developer has no outstanding
debt owed to city (PW 2006 -220)
19. New Castle Bank (109 W. Veterans Parkway) — Final Acceptance and Letter of Credit
Reduction #2 - accept public infrastructure for ownership and maintenance and authorize
a reduction to the letter of credit in an amount not to exceed S74,662.66, subject to
verification that developer has no outstanding debt owed to city (PW 2006 -221)
20. Reserve at the Fox — Plat of Easement - authorize Mayor and City Clerk to execute, subject
to staff and legal review (PW 2006 -222)
21. Reserve at the Fox — Final Acceptance and Bond Reduction #2 - accept public
infrastructure for ownership and maintenance, subject to recording of a plat of easement
for onsite public utilities and authorize a reduction to the bond in an amount not to exceed
$487,045.99, subject to verification that developer has no outstanding debt owed to city
(PW 2006 -223)
22. Grande Reserve Well Nos. 8 & 9 Sites — Final Acceptance - accept Well No. 8 site and
Well No. 9 site for ownership and maintenance, subject to staff and legal review (PW
2006 -224)
23. Grande Reserve Park "E" Site — Final Acceptance - accept Park "E" site for ownership
and maintenance excluding the storm sewer, subject to legal and staff review (PW 2006-
225)
24. Resolution 2006 -120 - IDOT Highway Permit and Resolution — Kendallwood Estates
(Temporary Entrance) - authorize Mayor and City Clerk to execute (PW 2006 -226)
25. Game Farm Road/Somonauk Street Reconstruction (PW 2006 -228)
a. Resolution 2006 -121 - MFT Appropriation Resolution - authorize City Clerk to
execute
b. Smith Engineering Consultants, Inc. Game Farm Road/Somonauk Street
Reconstruction Supplemental Request - authorize increase in an amount not to
exceed $9210.00 and authorize Mayor to execute
26. Letter of Support — Federal Funding for Groundwater Mapping - issue letter inform
presented and authorize Mayor to execute (PW 2006 -229)
27. Resolution 2006 -122 - Establishing the Position of Director of Support Services —
authorize Mayor and City Clerk to execute (PS 2006 -44)
28. Prairie Parkway Resolution - authorize Mayor and City Clerk to execute (CC 2006 -06)
Mayor Prochaska 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 -6 Nays -0
Munns -aye, James -aye, Wolfer -aye, Besco -aye, Bock -aye, Spears -aye
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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 meeting of
September 26, 2006 and the Special City Council meeting of November 13, 2006; seconded by
Alderman Besco.
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 December 14, 2006 totaling the following amounts: checks in the amount of
$980,999.52 (vendors); $209,380.88 (payroll period ending 12/9/06); for a total of $1,190,380.40
(total); seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes -6 Nays -0
Munns -aye, James -aye, Wolfer -aye, Besco -aye, Bock -aye, Spears -aye
REPORTS
MAYOR'S REPORT
National Radon Action Month
Mayor Prochaska reported that Yorkville is in an area were radon gas in an issue and the
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The Minutes of the Regular Meetins of the Citv Council — December 26, 2006 — vase 6,
City's building code requires that newly constructed homes pass a radon test. He noted that there
are older homes in the community that may have this potential problem. He explained that those
concerned should contact the Building Department for further information. Due to his laryngitis,
Mayor Prochaska asked Clerk Milschewski to read the proclamation for National Radon Action
month (see attached).
Mayor Prochaska asked the City Council to vote to ratify the proclamation. So moved by
Alderman Munns; seconded by Alderman Wolfer.
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Motion approved by a viva voce vote.
Treasurer Powell commented that he had his home tested and after finding that the radon was
quite high, he took preventative methods to remedy it. He noted that there is a website that shows
the areas affected by radon and much of northern Illinois is affected by this.
50` Anniversary Committee
Mayor Prochaska reported that next year is the 50 anniversary of the uniting of the Village of
Bristol and the Village of Yorkville. The Human Resource Commission has discussed many
ideas to celebrate this event. They are asking that anyone interested in volunteering for the
committee should attend the first meeting being held on January 8, 2007 at 7:00 p.m.. He
directed anyone with questions to contact Public Relations Manager Spies at City Hall.
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
Carbon Dioxide Detectors
Administrator Crois reminded everyone that as of January 1, 2007 state law requires all homes to
have carbon dioxide detectors. Anyone with questions should contact the Building Department
for more information.
Vision Session
Administrator Crois stated that the Vision Session is tentatively planned for January 20, 2007.
He asked the members of the Council to check the date and contact him advising him if they are
available.
FINANCE DIRECTOR'S REPORT
No report.
DIRECTOR OF PUBLIC WORKS REPORT
No report.
CHIEF OF POLICE REPORT
No report.
DIRECTOR OF PARKS & RECREATION'S REPORT
No report.
COMMUNITY RELATIONS MANAGER'S REPORT
No report.
COMMUNITY DEVELOPMENT DIRECTOR'S REPORT
No report.
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COMMUNITY & LIAISON REPORT
Senior Services Associates
Alderman Spears reported that she attended the Senior Services Associates meeting where year
end statistics were given. Alderman Spears shared some of the statistics with the council and
asked anyone interested to make a donation to the group to help keep their services active.
The Minutes of the Reeular Meeting of the Citv Council — December 26. 2006 — Dare 7
Alderman Spears also reported on the new Senior Companion Program which arranges for
volunteers to visit with seniors.
Telephone Number Theft '
Alderman Wolfer reported that recently a scam which involved the theft of stealing telephone
numbers was uncovered. He thanked Officer Delaney for his quick response to the situation.
COMMITTEE REPORTS
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PUBLIC WORKS COMMITTEE REPORT
Intergovernmental Agreement — Blackberry Creek Modeling Project
(PW 2006 -227)
A motion was made by Alderman Besco to approve an Intergovernmental Agreement for a
portion of the Blackberry Creek Modeling Project, as presented, subject to staff and legal review;
seconded by Alderman James.
Motion approved by a roll call vote. Ayes -5 Nays -0 Abstain -1
Munns -aye, Spears - abstain, Bock -aye, Besco -aye, Wolfer -aye, James -aye
King Street Raw & Finished Watermains — Change Order #1
(PW 2006 -210)
A motion was made by Alderman Besco to accept Change Order 41 for the King Street Raw &
Finished Watermains and authorize decrease in an amount not to exceed $3,712.00 and authorize
Mayor to execute; seconded by Alderman James.
Alderman Spears asked if this pertained to the Peterson and she questioned the decrease from the
original amount of $6,000.00. Alderman James noted that this is a different issue from the one
Alderman Spears referred to and that the Peterson issue will be discussed at a Committee of the
Whole meeting in January.
Motion approved by a roll call vote. Ayes -6 Nays -0
Spears -aye, Bock -aye, Besco -aye, Wolfer -aye, James -aye, Munns -aye
ECONOMIC DEVELOPMENT COMMITTEE REPORT
Ordinance 2006 -151 Otis Property
Authorizing Execution of Annexation Agreement
(2006 -76)
A motion was made by Alderman Munn to approve an ordinance authorizing the execution of an
Annexation Agreement with Otis Property Management, LLC, for approximately 2.0031 acres
along Route 71, commonly referred to as the Milazzo property, as presented, and authorize the
Mayor and City Clerk to execute all documents, subject to staff comments and upon final legal
and staff review; seconded by Alderman Besco.
Attorney Dan Kramer, spoke on behalf of the petitioner. He noted that they responded to the
minor changes recommended by City Engineer Wywrot. One item that Mr. Wywrot asked for
was that the new parking standards with the 20' foot setback from state right -of -ways (ROW) in
the front of the property be adopted. He stated that the agreement specifically asks to have
parking up to 10' from Route 71 and no parking in front at all. The developer is trying to be
proactive because it is unknown as to what IDOT will do to Route 71 in the future. The
developer is asking that the agreement remain as is in regards to this item.
Director Miller drew the City Council's attention to a memo from City Engineer Wywrot dated
December 26, 2006 regarding the revised agreement. He noted that Mr. Wywrot had a concern
with the parking setback and recommended that the agreement be revised to state that the site will
comply with Ordinance 1998 -32 which requires a 20' parking setback. Director Miller stated that
_ staff feels that a variance to this should not be allowed.
Alderman Spears commented that she did not feel what the developer is asking is unreasonable
and she was in favor of the variance.
Mayor Prochaska clarified that the developer did not feel the 20' was currently a problem
however if in the future Route 71 is widened, this could affect the setback and a parking lot.
Attorney Kramer agreed this was one issue but also noted that the setback could cause problems
if the final design for the building is larger than anticipated. Mayor Prochaska suggested
indicating that the setback will be 20' from the current ROW however if this changes, the setback
will be measured from the new ROW.
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The Minutes of the Regular Meeting of the Citv Council — December 26, 2006 — page 8
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Alderman James suggested that due to all the unknowns, the 20' setback should be maintained. If
things change in the future, address the issue then.
After a brief discussion it was decided that the agreement would state that the 20' setback shall
always be measured from the present ROW as of December 26, 2006.
A motion was made by Alderman Bock to amend the agreement; seconded by Alderman James.
Motion to amend approved by a roll call vote. Ayes -7 Nays -0
Spears -aye, Bock -aye, Besco -aye, Wolfer -aye, James -aye, Munns -aye, Prochaska -aye
Motion to approve the agreement approved by a roll call vote. Ayes -7 Nays -0
Spears -aye, Bock -aye, Besco -aye, Wolfer -aye, James -aye, Munns -aye, Prochaska -aye
Ordinance 2006 -152 Otis Property - Annexing
(2006 -76)
A motion was made by Alderman Munns to approve an ordinance annexing approximately
2.0031 acres along Route 71, commonly referred to as the Milazzo property, as presented, in
furtherance of an Annexation Agreement with Otis Property Management and authorize the
Mayor and City Clerk to execute all documents, upon final legal review; seconded by Alderman
James.
Motion approved by a roll call vote. Ayes -6 Nays -0
Spears -aye, Bock -aye, Besco -aye, Wolfer -aye, James -aye, Munns -aye
Ordinance 2006 -153 Otis Property - Rezoning
(2006 -76)
A motion was made by Alderman Munns to approve an ordinance rezoning certain property
owned by Otis Property Management LLC, commonly referred to as the Milazzo property, as
presented, in furtherance of an Annexation Agreement with Otis Property Management, LLC and
authorize the Mayor and City Clerk to execute all documents, upon final legal review; seconded
by Alderman Spears.
Motion approved by a roll call vote. Ayes -6 Nays -0
Bock -aye, Besco -aye, Wolfer -aye, James -aye, Munns -aye, Spears -aye
Ordinance 2006 -154 Yorkville Partners, LLC - Rezoning
(2006 -65)
A motion was made by Alderman Munns to approve an ordinance rezoning certain property
located generally at the southeast corner of Beaver Street and Route 47 and owned by Yorkville
Partners, LLC, as presented, and authorize the Mayor and City Clerk to execute all documents
upon final legal review; seconded by Alderman Spears.
Motion approved by a roll call vote. Ayes -6 Nays -0
Wolfer -aye, James -aye, Munns -aye, Spears -aye, Bock -aye, Besco -aye
Ordinance 2006 -155 Proposing the Establishment of a Special Service Area
Number 2006 -119 — Sunflower Estates
(EDC 2006 -35)
A motion was made by Alderman Munns to approve an ordinance proposing the establishment of
Special Service Area Number 2006 -119 as presented, subject to legal review; seconded by
Alderman Spears.
Alderman Besco reported that he received a telephone call from a homeowner in the subdivision
who stated that there are unresolved liens against the City and other roe owners regarding
g ty property rtY g g
this. Attorney Wyeth stated that this information does not pertain to this vote because this is a
r proposing ordinance that begins the process of the SSA.
Motion approved by a roll call vote. Ayes -6 Nays -0 1
Wolfer -aye, James -aye, Munns -aye, Spears -aye, Bock -aye, Besco -aye
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
No report.
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The Minutes of the Regular Meeting of the Citv Council — December 26, 2006 — naize 8
ADDITIONAL BUSINESS
Sycamore and Route 47 Signal
Alderman Munns asked for an update on the traffic signal at Sycamore and Route 34. Mayor
Prochaska explained that when the mid -year budget review is preformed staff will try to find
funds to begin the project.
South Main Street Traffic
Mayor Prochaska stated that a resident approached him with a concern that truck traffic has
increased on So. Main Street due to the traffic on Route 47. The resident asked if signs could be
posted indicating no truck traffic. Mayor Prochaska asked Administrator Crois to relay this
information to Director Dhuse.
ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Wolfer; seconded by
Alderman Bock.
Motion approved by a viva voce vote.
Meeting adjourned at 8:07 P.M.
Minutes submitted by:
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Jacquelyn Milschewski,
City Clerk City of Yorkville, Illinois
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CITY COUNCIL MEETING
December 26, 2006
PLEASE PRINT
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December 26, 2006
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CITY COUNCIL MEETING
December 26, 2006
PLEASE PRINT
NAME: ADDRESS:
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SIGNIN
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`E NATIONAL RADON ACTION MONTH WHEREAS, radon is a colorless, odorless, tasteless, radioactive gas that r t oReQE� y
,y`y'yNy`�e comes from the radioactive decay of naturally occurring uranium in the soil; and
fff " WHEREAS, the Surgeon General of the United States issued a Healthr4 «"
iyypa�a�<. Advisory warning Americans that indoor radon is the second - leading cause of lung
y�btaga cancer in the United States and breathing it over prolonged periods can present a
P` ►�6 significant health risk to families; and
�R > -i WHEREAS, radon is the leading cause of lung cancer among non - smokers (�y
in the United States; and r 1.�_Ait
WHEREAS, the United States Environmental Protection Agency USEPA` «� <�Ey j
g y( )
�F� ►���°���°;; has estimated that the number of annual lung cancer deaths related to radon
�l�yy��pfe� nationally is 21,000, which means that 900 Illinois citizens may develop radon
related lung cancer annually; and
;1�ys�F r ' t WHEREAS, greater than half (58/°) of the homes measured in Kendall r �ef A '01`'
County exceeded the United States Environmental Protection Agency's Radon
Action Level of 4.0 pCi /L, the State of Illinois and the American Lung Association
of Illinois encourages all citizens to test their homes every two years; and
WHEREAS, testing for radon is simple and inexpensive; and 1. ®�
WHEREAS, identified radon problems can be fixed; and
w +r_e 1 WHEREAS, in accordance with our continued commitment to protecting the „��y ;
citizens of Yorkville from the health risks associated with Radon, the mon th of `;i 6 � 1
►
�'�* °11 ;
January 2007 has been designated Radon Action Month, and ;�' 4. l
ch � ee g�a, 1
NOW, THEREFORE, I, Arthur F. Prochaska, Jr., Mayor of the United City of
Yorkville, do hereby proclaim January 2007, as RADON ACTION MONTH in the
k o b f: 4� j United City of Yorkville, Illinois, and urge all the citizens of Yorkville to test their
homes for Radon and reduce their risk of developing lung cancer by taking
corrective actions when necessary.
�'ctr:ey. F
f�� Signed this 26th day of December, 2006.
Arthur F. Prochaska, Jr. ayor
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CITY COUNCIL MEETING
UNITED CITY OF YORKVILLE, ILLINOIS
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REPORT OF PROCEEDINGS had at the meeting
of the above - entitled matter taken before i
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CHRISTINE M. VITOSH, C.S.R., on December 26, `
2006, at the hour of 7:00 p.m., at 800 Game Farm
Road in the City of Yorkville, Illinois.
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D- 813306
REPO COURT
reporting service
1212 South Naper Boulevard • Suite 119 -185 • Naperville, IL 60540 • 630 - 983 -0030 • Fax 630 - 299 -5153
www.depocourt.com
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1 P R E S E N T:
2 MR. ARTHUR F. PROCHASKA, Mayor;
3 MR. PAUL JAMES, Alderman;
4 MR. JASON LESLIE, Alderman;
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5 MR. DEAN WOLFER, Alderman;
6 MR. MARTY MUNNS, Alderman;
7 MR. JAMES BOCK, Alderman;
8 MR. JOSEPH BESCO, Alderman;
9 MS. ROSE ANN SPEARS, Alderman;
10 MR. JOHN CROIS, City Administrator;
11 MR. WILLIAM POWELL, City Treasurer;
12 MR. TRAVIS MILLER, Community Development
13 Director;
14 MS. JACQUELYN MILSCHEWSKI, City Clerk.
15
16 A P P E A R A N C E S:
17 BY: MR. JOHN JUSTIN WYETH,
appeared on behalf of the United
18 City of Yorkville, Illinois.
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1 (Pledge of Allegiance)
2 MAYOR PROCHASKA: We do have a
3 public hearing. At this time I'd entertain a
4 motion to go into public hearing for the purpose
5 of discussing PC -62, 47 Corneils, LLC,
6 petitioner, has filed an application with the
7 United City of Yorkville, Kendall County,
8 Illinois, requesting annexation to the United
9 City of Yorkville and rezoning from Kendall
10 County, A -1 Agricultural District to United City
11 of Yorkville, B -3 Service Business District and
12 for hearing as to the annexation agreement of
13 petition.
14 The real property consists of
15 approximately five acres located at 2113
16 Route 47, Yorkville, Kendall County, Illinois.
17 MR. JAMES: So moved.
18 MR. BESCO: Second.
19 MAYOR PROCHASKA: Moved and
20 seconded. May I have roll call, please?
21 MS. MILSCHEWSKI: Bock.
22 MR. BOCK: Aye.
23 MS. MILSCHEWSKI: Spears.
24 MS. SPEARS: Aye.
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1 MS. MILSCHEWSKI: Munns.
2 MR. MUNNS: Aye.
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3 MS. MILSCHEWSKI: James.
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4 MR. JAMES: Aye.
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5 MS. MILSCHEWSKI: Wolfer.
6 MR. WOLFER: Aye.
7 MS. MILSCHEWSKI: Besco.
8 MR. BESCO: Aye.
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9 MAYOR PROCHASKA: Motion is carried.
10 We are in public hearing. Is there someone
11 representing the petitioner?
12 MR. CORTINA: Good evening, Mayor,
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13 ladies and gentlemen. My name is Frank Cortina.
14 I represent the petitioners in this matter.
15 This is relatively a straight
16 forward annexation. We are contiguous to the
17 property. It's an L- shaped parcel of land at the
18 southwest parcel of land at the southwestern
19 corner of Corneils. I
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20 We have requested it be B -3, we
21 we believe complies with your current
22 Comprehensive Plan for that area of 47.
23 It has been some time before we
24 appeared at a Committee of the Whole, but nothing
Depo Court Reporting Service (630) 983 -0030
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1 has changed since that period of time.
2 The annexation agreement is
3 generally a straight forward annexation agreement 4
4 annexing the property into the United City of
5 Yorkville requiring us to comply with all current
6 zoning restrictions and /or ordinances and
7 building codes with the City of Yorkville.
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8 We currently are not going to
9 be the developer on the property we are just
10 seeking to have it annexed in and get the
11 appropriate zoning.
12 The party that will ultimately R
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13 develop the property will present building plans
14 and proposals to you. We are certainly available
15 for any questions you or the public would have.
16 MAYOR PROCHASKA: Is there anyone in
17 the audience that would have any questions or
18 comments on this public hearing?
19 (No response)
20 MAYOR PROCHASKA: Hearing none, is
21 there any comments or questions from the City
22 Council?
23 Just so I'm clear, this is
24 right at the corner there, and the L shape, does
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1 that go around the farmhouse that's there?
2 MR. CORTINA: Yes. The longest
3 "length is along 47 and the L goes at the south
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4 end of the property directly west.
5 MAYOR PROCHASKA: Okay. Thank you.
6 MR. KRAMER: So it encompasses the
7 entire corner is the long part of the L.
8 MAYOR PROCHASKA: Thank you. If !
9 there are no further comments or questions, I
10 would entertain a motion to close this public
11 hearing.
12 MR. BESCO: So moved.
13 MS. SPEARS: Second.
14 MAYOR PROCHASKA: Moved and
15 seconded. May I have roll call, please?
16 MS. MILSCHEWSKI: Spears.
17 MS. SPEARS: Aye.
18 MS. MILSCHEWSKI: Munns.
19 MR. MUNNS: Aye.
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20 MS. MILSCHEWSKI: James.
21 MR. JAMES: Aye.
22 MS. MILSCHEWSKI: Wolfer.
23 MR. WOLFER: Aye.
24 MS. MILSCHEWSKI: Besco.
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1 MR. BESCO: Aye.
2 MS. MILSCHEWSKI: Bock.
3 MR. BOCK: Aye. s
4 MAYOR PROCHASKA: Motion is carried.
5 (Witness sworn)
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1 STATE OF ILLINOIS )
ss.
2 COUNTY OF LASALLE )
3
4 CHRISTINE M. VITOSH, being first duly
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5 sworn, on oath says that she is a Certified
6 Shorthand Reporter doing business in the State of
7 Illinois;
8 That she reported in shorthand the f
9 proceedings had at the foregoing meeting;
10 And that the foregoing is a true and
11 correct transcript of her shorthand notes so
12 taken as aforesaid and contains all the 0
13 proceedings had at the said meeting. {
14 IN WITNE S WHEREOF I have hereunto set
15 my hand his / day of
16 07.
17
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CHRISTINE M. VITOSH, C.S.R.
21 CSR License No. 084 - 002883
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--- oOo - -- 7:6 4:7, 4:8, 6:12, 6:24, currently 5:8 5:20, 6:11
084 - 002883 8:24 7:1 hereunto 8:16
2007. 8:18 BOCK 2:7, 3:21, hour 1:9
2113 3:15 3:22, 7:2, 7:3 < D >
4 3:16 building 5:7, 5:13 D- 813306 1:24
47 3:5, 4:22, 6:3 Business 3:11, 8:8 day 8:17 < I >
7:00 1:9, 1:9 DEAN 2:5 Illinois 1:2, 1:10,
800 1:9 develop 5:13 2:19, 3:8, 3:16, 8:1,
< C > developer 5:9 8:9
C.S.R. 1:8, 8:23 Development 2:12
<A> call 3:20, 6:15 directly 6:4
A -1 3:10 carried 4:9, 7:4 Director 2:13 < J >
above - entitled 1:7 certainly 5:14 discussing 3:5 JACQUELYN 2:14
acres 3:15 Certified 8:7 District 3:10, 3:11 JAMES 2:3, 2:7,
Administrator 2:10 changed 5:1 doing 8:8 3:17, 4:3, 4:4, 6:20,
aforesaid 8:14 CHRISTINE 1:8,8:6, duly 8:6 6:21 i
agreement 3:12, 5:2, 8:23 JASON 2:4
5:3 City 1:1, 1:2, 1:10, JOHN 2:10, 2:17
Agricultural 3:10 2:10, 2:11, 2:14, < E > JOSEPH 2:8
Alderman 2:3, 2:4, 2:19, 3:7, 3:9, 3:10, encompasses 6:6 JUSTIN 2:17
2:5,2:6, 2:7, 2:8, 2:9 5:4, 5:7, 5:21 end 6:4
Allegiance 3:1 clear 5:23 entertain 3:3, 6:10
and /or 5:6 Clerk 2:14 entire 6:7 < K >
ANN 2:9 close 6:10 evening 4:12 Kendall 3:7, 3:9,
annexation 3:8, codes 5:7 3:16
3:12, 4:16, 5:2, 5:3 comments 5:18, KRAMER 6:6
annexed 5:10 5:21, 6:9 < F >
annexing 5:4 Committee 4:24 F. 2:2
appeared 2:18, 4:24 Community 2:12 Farm 1:9 < L >
application 3:6 complies 4:21 farmhouse 6:1 L- shaped 4:17
appropriate 5:11 comply 5:5 filed 3:6 L. 6:7
approximately 3:15 Comprehensive first 8:6 ladies 4:13
area 4:22 4:22 five 3:15 land 4:17, 4:18
around 6:1 consists 3:14 foregoing 8:11, 8:12 LASALLE 8:3
ARTHUR 2:2 contains 8:14 forward 4:16, 5:3 length 6:3
audience 5:17 contiguous 4:16 Frank 4:13 LESLIE 2:4
available 5:14 Corneils 3:5, 4:19 License 8:24
Aye 3:22, 3:24, 4:2, corner 4:19, 5:24, LLC 3:5
4:4, 4:6, 4:8, 6:17, 6:7 < G > located 3:15
6:19, 6:21, 6:23, 7:1, correct 8:13 Game 1:9 long 6:7
7:3 CORTINA 4:12,4:13, generally 5:3 longest 6:2
6:2 gentlemen 4:13
Council 1:1, 5:22
<B> COUNTY 3:7, 3:10, <M>
B -3 3:11, 4:20 3:16, 8:3 < H > M. 1:8, 8:6, 8:23
behalf 2:18 CROIS 2:10 hand 8:17 MARTY 2:6
believe 4:21 CSR 8:24 Hearing 3:3, 3:4, matter 1:7, 4:14
BESCO 2:8, 3:18, current 4:21, 5:5 3:12, 4:10, 5:18, MAYOR 2:2, 3:2,
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3:19, 4:9, 4:12, 5:16, petitioners 4:14 Second 3:18, 6:13
5:20, 6:5, 6:8, 6:14, Plan 4:22 seconded 3:20, 6:15
7:4 plans 5:13 seeking 5:10 < Y >
MEETING 1:1, 1:6, please 3:20, 6:15 Service 3:11 Yorkville 1:2, 1:10,
8:11, 8:15 Pledge 3:1 set 8:16 2:19, 3:7, 3:9, 3:11, �
MILLER 2:12 POWELL 2:11 shape 5:24 3:16, 5:5, 5:7
MILSCHEWSKI present 5:13 Shorthand 8:8, 8:10,
2:14, 3:21, 3:23, 4:1, PROCEEDINGS 1:6, 8:13
4:3, 4:5, 4:7, 6:16, 8:11, 8:15 someone 4:10 < Z >
6:18, 6:20, 6:22, PROCHASKA 2:2, south 6:3 zoning 5:6, 5:11
6:24, 7:2 3:2, 3:19, 4:9, 5:16, southwest 4:18
Motion 3:4, 4:9, 5:20, 6:5, 6:8, 6:14, southwestern 4:18
6:10, 7:4 7:4 SPEARS 2:9, 3:23, < Dates >
Moved 3:17, 3:19, property 3:14, 4:17, 3:24, 6:13, 6:16, 6:17 december 26, 2006
6:12, 6:14 5:4, 5:9, 5:13, 6:4 ss 8:2 1:8, 1:8, 1:9
MS 2:9, 2:14, 3:21, proposals 5:14 State 8:1, 8:8
3:23, 3:24, 4:1, 4:3, public 3:3, 3:4, 4:10, straight 4:15, 5:3
4:5, 4:7, 6:13, 6:16, 5:15, 5:18, 6:10 sworn 7:5, 8:7
6:17, 6:18, 6:20, purpose 3:4
6:22, 6:24, 7:2
MUNNS 2:6,4:1, 4:2, < T >
6:18, 6:19 < Q > transcript 8:13
questions 5:15, TRAVIS 2:12
5:17, 5:21, 6:9 Treasurer 2:11
<N> true 8:12
name 4:13
No. 8:24 < R >
none 5:20 real 3:14 < U >
notes 8:13 relatively 4:15 ultimately 5:12
nothing 4:24 REPORT 1:6 United 1:2, 2:18, 3:7,
reported 8:10 3:8, 3:10, 5:4
Reporter 8:8
< O > represent 4:14
oath 8:7 representing 4:11 <V>
Okay 6:5 requested 4:20 VITOSH 1:8, 8:6,
ordinances 5:6 requesting 3:8 8:23
requiring 5:5
response 5:19
< P > restrictions 5:6 <W>
P.M. 1:9 rezoning 3:9 west 6:4
parcel 4:17, 4:18 Road 1:10 WHEREOF 8:16
part 6:7 roll 3:20, 6:15 Whole 4:24
party 5:12 ROSE 2:9 will 5:12, 5:13
PAUL 2:3 Route 3:16 WILLIAM 2:11
PC -62 3:5 WITNESS 7:5, 8:16
period 5:1 WOLFER 2:5, 4:5,
petition 3:13 < S > 4:6, 6:22, 6:23
petitioner 3:6, 4:11 says 8:7 WYETH 2:17
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