City Council Minutes 2006 03-14-06 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, MARCH 14, 2006.
Mayor Prochaska called the meeting to order at 7:05 P.M and led the Council in the Pledge of
Allegiance.
ROLL CALL
Clerk Milschewski called the roll.
Ward I James Present
Leslie Present
Ward II Burd Present
Wolfer Present
Ward III Bock Present
Munns Present
Ward IV Besco Present
Spears Present
Also present: City Clerk Milschewski, City Treasurer Powell, Interim City Administrator Crois,
City Attorney Wyeth, Police Chief Martin, Director of Public Works Dhuse, Executive Director
of Park & Recreation Mogel and Community Development Director Miller.
OUORUM
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 Munns stated that Item #4 under the Economic Development Committee Report —
PHGK Family Limited Partnership Property Annexation Agreement was being postponed to
April 11, 2006.
COMMITTEE MEETING DATES
Public Works Committee 7:00 P.M., Monday, April 3, 2006
City of Yorkville Conference Room
800 Game Farm Road
Economic Development Committee 7:00 P.M., Thursday, March 23, 2006
City of Yorkville Conference Room
800 Game Farm Road
Administration Committee 7:00 P.M., Thursday, April 6, 2006
City of Yorkville Conference Room
800 Game Farm Road
Public Safety Committee 7:00 P.M., Thursday, April 13, 2006
City of Yorkville Conference Room
800 Game Farm Road
Ad Hoc Technology Committee 6:30 P.M., Tuesday, April 11, 2006
City of Yorkville Conference Room
800 Game Farm Road
PRESENTATIONS
Kendall Citizens for Farmland Protection
Tim Gerk, Janice Hill and Peggy Sutton from the Kendall Citizens for Farmland Protection
Group gave a presentation which covered:
• A brief history of the group — begun in 2001 with help from the American Farmland
Trust.
• Activities sponsored by the group — conferences, estate seminars, a technical advisory
committee, etc.
• Public support — 87% of Kendall County citizens support farmland protection
• Farmland lost — America looses 2 acres of farmland every minute; Illinois ranks fifth in
lose; the best, most productive land is being lost
The Minutes of the Regular Meeting of the Citv Council — March 14. 2006 — Dam
• Economic strength - $50 million of local economy is from farmland; provides
tremendous amounts of tax base compared to the amount of money it costs.
• Environmental strength - Kendall County has some of the best soil which produces some
of the best crop yields in the nation; farmland protects groundwater supply; offers future
pollution control; offers new energy opportunities; protects wildlife.
• Heritage — the most important issue in Kendall County; some farms in the county have
been in the same family for over 150 years; 40 Centennial farms.
• Farmland Protection — Boone, Kane, Kendall and McHenry Counties are considering
new ordinances to protect farmland; protection not an anti- growth strategy; smart growth
principals; agricultural conservation easement.
• Agricultural conservation easement — farmland owners sells /donates their development
rights in exchange for a permanent easement to protect the land; completely voluntary
program; land stays in private ownership; a competitive alternative to development;
lowers taxes for farmer
• Change in farmland workforce — farmers are retiring and new ones are needed
• Conservation Buyer Program — county keeps a list of landowners wanting to sell land for
conservation purposes as well as a list of those who want to buy for the same reasons.
• Taxes — inheritance tax harmful; farms worth over $1.5 million taxed at close to 50 %;
options available to help reduce the farmers estate tax
• Escalated land values — farmers selling farms in urban areas and buying more land
elsewhere at lower prices
• Changing markets — organic farming, specialty crops
• Legacy — Burnham plan, Horizon Farm in Barrington, Illinois (largest donated easement
in Illinois).
Mayor Prochaska stated that at the meetings he attended there was discussion regarding
encouraging landowners to participate. He asked if the group had any success in talking with
anyone yet. The group explained that the Farmland Protection Commission is still in the process
of formulating selection criteria so no farms have been accepted for donation yet however there is
one farm in Kendall County under discussion and there are four farms in Kane ready to
participate.
PUBLIC HEARINGS
None.
CITIZEN COMMENTS
Roger Murphy, 803 Teri Lane, addressed the City Council. He explained that he met with Chief
Martin regarding an exemption for Teri Lane from the parking ban. He circulated the petition
however one neighbor refuses to sign it. He questioned how it was determined that 100% of the
people on a street needed to sign the petition. Alderman Spears stated that the Public Safety
Committee has discussed this percentage and it will be discussed further at a Committee of the
Whole meeting. Alderman Spears also stated that she believed that a cul -de -sac is the actual bow
of the street. Alderman Wolfer commented that the ordinance states that a cul -de -sac consists of
the street and the bulb. Mayor Prochaska read the definition of a cul -de -sac from the Subdivision
Control Ordinance "a street having only one outlet, with an appropriate terminal for the reversal
of traffic movement without the need to backup ". Mr. Murphy stated that the developer of his
area was under the impression that the City wanted Teri Lane constructed as wide as it is to
accommodate parking as well as traffic. Mayor Prochaska noted that none of the City Council
was present when this street was constructed. Mr. Murphy commented that the parking ban is a
hardship for many people with multiple cars in a family. He suggested that the City should have
permits available for purchase by residents in this predicament. Alderman Wolfer stated that
parking permits are also under discussion at by the Public Safety Committee and he invited Mr.
Murphy to attend the meeting on April 13, 2006.
Mary Litzhoff, 705 Teri Lane, addressed the City Council. She stated that she has three children
in college, all with cars, who come home for holidays and the summer. She stated that recently
�j she did what she was suppose to do; last night she called to say that a car was going to be parked
on the street overnight. This morning there was a warning on the vehicle. Chief Martin stated
that calling for permission to park overnight applies to weekends only. Mrs. Litzhoff stated that
she did not know this and now the car parked on the street belongs to a family friend who went to
Las Vegas with her son. She stated that the car will be on the street for the next three days. Chief
Martin stated that no citations will be issued until after April 1, 2006. She stated that in June she
will be having company staying at her house and there will be several cars that need to be parked
on the street over the weekend. She asked if she could get permission for three cars to park on the
street. Chief Martin stated that exemptions can be made for all the cars that she needs to park on
the street. Mrs. Litzhoff commented that the parking ban is a huge inconvenience.
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The Minutes of the Regular Meeting of the Citv Council — March 14. 2006 — Mae 3
CONSENT AGENDA
1. Police Reports for January 2006 (PS 2006 -04)
Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved
by Alderman Mums; seconded by Alderman Burd.
Motion approved by a roll call vote. Ayes -8 Nays -0
Burd -aye, James -aye, Leslie -aye, Munns -aye,
Spears -aye, Wolfer -aye, Bock -aye, Besco -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 13, 2005 and January 10, 2006 and the Special City Council meeting of February 11,
2006; seconded by Alderman Wolfer.
Alderman Spears noted a correction to the December 13, 2005 minutes, page 7, 1" paragraph;
Public Works Committee should be corrected to state the Public Safety Committee.
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 3, 2006 totaling the following amounts: checks in the amount of
$1,444,694.76 (vendors); $168,303.87 (payroll period ending 2/18/06); for a total of
$1,612,998.63; seconded by Alderman Wolfer.
Motion approved by a roll call vote. Ayes -8 Nays -0
Besco -aye, Burd -aye, James -aye, Leslie -aye,
Mums -aye, Bock -aye, Spears -aye, Wolfer -aye
REPORTS
MAYOR'S REPORT
Coffee with the Mayor
Mayor Prochaska reported that the next Coffee with the Mayor would be held on March 18, 2006
at Sawmill Pizza, 227 Heustis Street from 9:00 to 11:00 a.m.
Ordinance 2006 -16 Approving Variances Increasing the Maximum
Allowable Area of the Ground Sign for a Business Located at
7131 Route 47 (Saravanos Properties, LLC)
(ZBA 2005 -58)
Mayor Prochaska entertained a motion to approve an ordinance approving variances increasing
the maximum allowable area of the ground sign for a business located at 7131 Route 47 for
Saravanos Properties, LLC, as presented, subject to staff comments and legal review. So moved
by Alderman Spears; seconded by Alderman Munns.
Motion approved by a roll call vote. Ayes -5 Nays -1 Present -2
Besco -aye, Leslie- present, Wolfer -aye, James - present,
Bock -aye, Burd -nay, Spears -aye, Munns -aye
� Ordinance 2006 -17 Establishing Special Service Area Number 2005 -109
Bristol Bay I
(ADM 2005 -19a)
Mayor Prochaska entertained a motion to approve an Ordinance establishing Special Service Area
Number 2005 -109 (Bristol Bay 1) as presented, subject to staff and legal review. So moved by
Alderman James; seconded by Alderman Bock.
Motion approved by a roll call vote. Ayes -6 Nays -2
Leslie -aye, Wolfer -aye, James -aye, Bock -aye,
Burd -aye, Spears -nay, Mums -aye, Besco -nay
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The Minutes of the Regular Meeting of the City Council — March 14. 2006 — Dage 4
Ordinance 2006 -18 Providing for Issuance of Special Service Area 2005 -109
Special Tax Bonds, Series 2006
Bristol Bay I
(ADM 2005 -19b)
Mayor Prochaska entertained a motion to approve an ordinance providing for issuance of Special
Service Area 2005 -109 Special Tax Bonds, Series 2006 (Bristol Bay I) as presented, subject to
staff and legal review. So moved by Alderman James; seconded by Alderman Wolfer.
Motion approved by a roll call vote. Ayes -6 Nays -2
Wolfer -aye, James -aye, Bock -aye, Burd -aye,
Spears -nay, Munns -aye, Besco -nay, Leslie -aye
Ordinance 2006 -19 Amending Ordinance 1990 -24 — An Ordinance Setting Forth the
Standards and Regulation for Payment for Development and
Extension of Utility Costs upon Annexation and/or Planned Unit Development
To Provide for an Increase in the Municipal Building Fee
(ADM 2006 -15)
Mayor Prochaska entertained a motion to approve an ordinance amending Ordinance 1990 -24 —
"An Ordinance Setting Forth the Standards and Regulation for Payment for Development and
Extension of Utility Costs upon Annexation and/or Planned Unit Development" to provide for an
increase in the Municipal Building Fee, as presented, subject to staff comments and legal review.
So moved by Alderman Wolfer; seconded by Alderman Burd.
Mayor Prochaska reported that if a developer chooses to pay by permit, the dollar amount will be
$5,509.00 /residnetail unit however if the developer chooses to pay at the time of final plat the
amount will be reduced to $3,288.00 /residential unit. He stated the City Intern Bart Olson
worked on the determination of the dollar amount which is based on the buildings that the City
needs to build over the amount of time they need to be built. This will be effective with any new
annexations and PUD Agreements.
Motion approved by a roll call vote. Ayes -8 Nays -0
�— James -aye, Bock -aye, Burd -aye, Spears -aye,
Munns -aye, Besco -aye, Leslie -aye, Wolfer -aye
Employment Agreement for Interim City Administrator
Mayor Prochaska entertained a motion to approve an Employment Agreement for the Interim
City Administrator, as presented, subject to legal review. So moved by Alderman James;
seconded by Alderman Munns.
Motion approved by a roll call vote. Ayes -8 Nays -0
Bock -aye, Burd -aye, Spears -aye, Munns -aye,
Besco -aye, Leslie -aye, Wolfer -aye, James -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.
FINANCE DIRECTOR'S REPORT
No report.
DIRECTOR OF PUBLIC WORKS REPORT
Director Dhuse reported that a telephone line was cut by the railroad tracks earlier today.
Telephone service east of Route 47 has been knocked out and SBC is currently working to restore
service.
CHIEF OF POLICE REPORT
No report.
The Minutes of the Regular Meeting of the Citv Council — March 14. 2006 — nagg 5
EXECUTIVE DIRECTOR OF PARKS & RECREATION REPORT
Preschool Registration
Director Mogle reported that on February 28, 2006 thirty families showed up for the pre - school
registration. Both classes were filled and another class for two- year -olds was added.
Polar Plunge
Director Mogle reported that on March 5, 2006 some of the City staff was involved with the Polar
Plunge for Special Olympics. He reported that there were 120 "Plungers" and that they raised
$44,000.00 for Special Olympics. He thanked Janet Jackson and the Citizens Police Academy
Alumni for their help with event.
Mayor Prochaska stated that the City staff who were involved made this quite an event by helping
with snow removal and traffic control. Mayor Prochaska noted that John Whitehouse with
Engineering Enterprises Inc. (EEI) received the "Golden Plunger" for getting the most donations.
Alderman Spears also recognized Sergeant Sibenaller for his continuing involvement in the event.
COMMUNITY DEVELOPMENT DIRECTOR REPORT
No report.
COMMUNITY & LIAISON REPORT
Aurora Area Convention and Visitor Bureau
Alderman Burd reported that the Aurora Area Convention and Visitor Bureau held its poker run
on March 6, 2006. There were two tour buses that brought people in from the AACVB and
others who bought tickets. She stated that it was a fun evening and a huge success.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
No report.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
Resolution 2006 -19 Amending Resolution 2002 -04
Approving Special Tax Bond Policy
(EDC 2005 -01)
A motion was made by Alderman Munns to approve a resolution amending Resolution 2002 -04 -
"Approving Special Tax Bond Policy" as presented, subject to staff comments and legal review;
seconded by Alderman James.
Mayor Prochaska thanked the Economic Development Committee for refining the policy.
Alderman Burd stated that she did not have time to review the final copy of the resolution and she
asked if Alderman Besco's suggestion about the School District problems being resolved before
any SSAs are approved was addressed. Attorney Wyeth stated that this is addressed under the
paragraph entitled "Notice and Comment from Taxing Bodies ".
Motion approved by a roll call vote. Ayes -7 Nays -0 Present -1
Burd -aye, Spears -aye, Munns -aye, Besco -aye,
Leslie -aye, Wolfer- present, James -aye, Bock -aye
Ordinance 2006 -20 Granting Rezoning for Belinda Lies, Hendra Conrad,
and Faith Unlimited, Inc. (Kiddie Campus) from
"O" Office District to "O" Office District Special Use for a Day Care Center
(PC 2005 -27)
A motion was made by Alderman Munns to approve an ordinance granting rezoning for Belinda
Lies, Hendra Conrad, and Faith Unlimited, Inc. (Kiddie Campus) from "O" Office District to "O"
Office District Special Use for a Day Care Center, as presented subject to staff comment and
legal review; seconded by Alderman Burd.
Motion approved by a roll call vote. Ayes -8 Nays -0
Spears -aye, Munns -aye, Besco -aye, Leslie -aye,
Wolfer -aye, James -aye, Bock -aye, Burd -aye
The Minutes of the Regular Meeting of the Citv Council — March 14. 2006 — page 6
Resolution 2006 -20 Approving the Final Plat of Subdivision for Caledonia Unit 1
(PC 2006 -07)
A motion was made by Alderman Munns to approve a resolution approving the Final Plat of
Subdivision for Caledonia Unit 1, as presented subject to staff comments and legal review;
seconded by Alderman Burd.
Motion approved by a roll call vote. Ayes -8 Nays -0
Munns -aye, Besco -aye, Leslie -aye, Wolfer -aye,
James -aye, Bock -aye, Burd -aye, Spears -aye
PNGK Family Limited Partnership Property Annexation Agreement
(PC 2005 -45)
A motion was made by Alderman Munns to postpone, until the April 11, 2006 City Council
meeting, consideration of all manners concerning PC 200545 `PNGK Family Limited
Partnership Property" generally seeking annexation and rezoning; seconded by Alderman Bock.
Alderman Wolfer asked the reason the postponement. Alderman Mumps stated that Attorney Dan
Kramer sent the City a letter dated March 14, 2006 outlining specific reasons for it however they
are revisiting the buffering as well as other improvements.
Motion approved by a roll call vote. Ayes -8 Nays -0
Besco -aye, Leslie -aye, Wolfer -aye, James -aye,
Bock -aye, Burd -aye, Spears -aye, Munns -aye
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
No report.
ADDITIONAL BUSINESS
Fox Hill Traffic Signal
Alderman Munns stated that residents in Fox Hill have asked him questions regarding the traffic
light on Route 34 and Sycamore Street. He asked which committee should discuss this further.
Mayor Prochaska noted that the state approves the location of traffic signals and at the time the
subdivision was built, the stated did not feel the light was needed. He suggested that the state be
contacted to have a warrant study done. It was determined to take this to the Public Works
Committee meeting for further discussion.
Executive Session Procedure
Alderman. Spears asked if the City Council could receive information on Executive Session
before the session so they can be prepared. Mayor Prochaska stated he would have Attorney
Wyeth verify if this can be done.
EXECUTIVE SESSION
Mayor Prochaska entertained a motion to go into Executive Session for the purpose of:
o 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 and Attorney Wyeth be included in the session.
So moved by Alderman Besco; seconded by Alderman Leslie.
Motion approved by a roll call vote. Ayes -8 Nays -0
Bock -aye, Besco -aye, Burd -aye, James -aye,
Leslie -aye, Munns -aye, Spears -aye, Wolfer -aye
Mayor Prochaska noted that action might be taken on one of the Executive Session items.
The City Council entered into Executive Session at 7:55 p.m.
The City Council returned to Regular Session at 8:47 p.m.
The Minutes of the Regular Meeting of the Citv Council — March 14. 2006 — page 7
ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Besco; seconded by
Alderman Leslie.
Motion approved by a viva voce vote.
Meeting adjourned at 8:49 P.M.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville, Illinois
CITY COUNCIL MEETING
March 14, 2006
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