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City Council Minutes 2005 08-23-05 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, AUGUST 23, 2005. Mayor Prochaska called the meeting to order at 7:04 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 11 Burd Present Wolfer Present (arrived at 7:20 p.m.) Ward III Ohare Present Mums Present Ward IV Besco Present (arrived at 7:12 p.m.) Spears Absent Also present: City Clerk Milschewski, City Administrator Graff, City Attorney Wyeth, Police Lieutenant Schwartzkopt Director of Public Works Dhuse, Finance Director Pleckham and Executive Director of Parks & Recreation Brown. 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. Lieutenant Schwartzkopf introduced the new police cadet, Behr Pfizenmaier to the City Council. Mayor Prochaska and the City Council welcomed him to Yorkville. AMENDMENTS TO THE AGENDA Alderman Ohare asked that #15 — Heartland Circle - Watermain Sanitary Sewer and Storm Sewer Final Acceptance and Bond Reduction #3 be moved from the Consent Agenda to the Public Works Committee Report. She also asked that # 16 F.E.Wheaton Expansion — Plat of Eastrnan be moved from the Consent Agenda to the Mayor's Report. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M., Monday, September 26, 2005 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Thursday, September 15, 2005 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M., Thursday, September 1, 2005 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M., Monday, September 8, 2005 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee T.B.A. PUBLIC HEARINGS None. CITIZEN COMMENTS None. The Minutes of the Regular Meeting of the Citv Council — August 23, 2005 — paw PRESENTATIONS Waterworks System Contracts Alternate Revenue Bond Sale Daniel Forbes from Speer Financial presented the results of the bids for the Waterworks System Contracts Alternate Revenue Bond Sale. He stated that three bids were received earlier in the day and it is Speer Financial's opinion that the bid of Citigroup Global Markets Inc. is the best. They recommend that Citigroup be awarded the bid at a price of $2,850,000.00 plus accrued interest at an interest rate of 4.30 %. He also noted that the bonds are callable in nine years. oe informed the City Council that Standard & Poors has assigned a razing of "A -" to the United City of Yorkville. The rating reflects the General Obligation Bonds pledge of the City along with its proximity to the strong DuPage County area economy, above - average income and wealth levels and its sound financial position however "a high debt burden and looming growth pressures offset the above strengths." Mr. Forbes then reported that Fitch Ratings has assigned a rating of "A" to the City. Their rating is based of the City's rapidly growing tax base, above - average wealth levels and consistent financial performance guided by strong planning and prudent budgeting. There were no questions for Mr. Forbes. He thanked Finance Director Pleckham and Administrator Graff for their assistance. CONSENT AGENDA 1. Water Department Reports for May and June 2005 2. Castle Bank — Sidewalk Agreement — authorize City Administrator to execute 3. Greenbrier Subdivision Unit 4 — Final Acceptance — accept Public Improvements 4. 555 MG Water Tower Painting - Change Order #2 — authorize increase in an amount not to exceed $7,750. 00 5. 2005 Concrete Roadway Pavement Striping — award contract to Maintenance Coatings Co., in an amount not to exceed $11,042.71 6. Bruell Street Pump Station - Change Order #2 — authorize increase in an amount not to exceed $38,562. 00 7. Raintree Village Unit 5 - Line of Credit Expiration — authorize City Clerk to call Letter of Credit should it become necessary 8. Resolution 2005 -53 - Supplemental MFT Resolution for General Maintenance - authorize City Clerk to execute 9. Grande Reserve — Neighborhoods 6 -16 Earthwork Letter of Credit Expiration - authorize City Clerk to call Letter of Credit should it become necessary 10. Rob Roy Creek Interceptor Contract 41 - Change Order #4 — authorize increase in an amount not to exceed S2,500. 00 11. Kylyn's Ridge Unit 1 - Letter of Credit Reduction #1— authorize reduction in an amount not to exceed $164,508.2 7 12. F.E.Wheaton - Letter of Credit Reduction #1— authorize reduction in an amount not to exceed $91,008.68 13. 2005 In Town Drainage Improvements - Change Order #6 — authorize time extension to August 1, 2005 14. 2005 In Town Drainage Improvements - Change Order #7 — authorize in an amount not to exceed $24,231.00 15. Game Farm Road/Somonauk Road Improvements — Plat of ROW Dedication - authorize the Mayor and City Clerk to execute 16. Treasurer's Report for June 2005 17. City Administrator's Request for NIU Class — authorize request for enrollment in NIU class PSPA 559, Topics in Public Administration 18. Resolution 2005 -54 — Approving Menard's Commercial Commons Third Addition Final Plat - authorize the Mayor and City Clerk to execute 19. Resolution 2005 -55 — Approving Menard's Commercial Commons Fourth Addition Final Plat - authorize the Mayor and City Clerk to execute 20. YBSD Intergovernmental Agreement for Recapture of Southwest Sanitary Sewer Interceptor Project costs - authorize the Mayor and City Clerk to execute 21. Sunflower Park Bid Results — award contract to JEMMorris in an amount not to exceed $174,3 78.03 ($127,79 7.43 base bid plus the selected alternatives in an amount of $46, 580.00) and to authorize Mayor and staff to execute the agreement 22. Request for Ideas Proposal — authorize staff to publicly advertise 23. Rob Roy Creek Interceptor — Contract #3 — award contract to Dempsey Ing., Inc. in an amount not to exceed $1,9 75,631.00 24. Saravanos Property — Plat of Easement - authorize the Mayor and City Clerk to execute The Minutes of the Regular Meeting of the Citv Council — August 23, 2005 — pa 3 25. Well No 6., Treatment Facility — EEI Scope of Service - authorize the Mayor and City Clerk to execute 26. Amendment to EEI Water Works System Contract - authorize the Mayor and City Clerk to execute subject to identifying funding 27. Resolution 2005 -56 — Approving the Revised Job Description for the Position of Administrative Secretary - authorize the Mayor and City Clerk to execute Mayor Prochaska entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Munns; seconded by Alderman James. Motion approved by a roll call vote. Ayes -5 Nays -0 Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye, PLANNING COMIVIISSION /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 March 22, 2005 and June 14, 2005 and Committee of the Whole meetings from June 7, 2005 and August 2, 2005; seconded by Alderman Ohare. Motion approved as corrected 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 July 17, 2005 totaling the following amounts: checks in the amount of $969,326.21 (vendors — revised 8/22/05); $170,477.72 (payroll period ending 8/6/05); for a total of $1,139,803.93 seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes -5 Nays -0 Burd -aye, James -aye, Leslie -aye, Mums -aye, Ohare -aye REPORTS MAYOR'S REPORT Save a Life Proclamation Mayor Prochaska read a proclamation for Save A Life Foundation Month — September 2005 (see attached). He asked for a vote of ratification from the City Council. So moved by Alderman James; seconded by Alderman Burd. Motion approved by a viva voce vote. Adhoc Technology T -1Line Recommendation Mayor Prochaska entertained a motion to approve funding for the City Hall T -1 line in the one time fee not to exceed $2,062.13 with a monthly fee of up to $187.15 as presented. So moved by Alderman Burd; seconded by Alderman Munns. Director Pleckham explained that City Hall currently uses the Library's T -1 line and due to the Library's expansion, the City will need its own line. She explained that Ron Robinson, the City's IT Coordinator, received quotes for the line and is recommending Illinois Century Network RTC3. Installation can be done before the Library expansion begins. Alderman Ohare and Director Pleckham explained that off site buildings such as Public Works and the Riverfront building are using Comcast for service. They may be able to connect to the T1 line at a later date. Motion approved by a roll call vote. Ayes -6 Nays -0 Besco -aye, Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye Condolences to Bill Dettmer's Family Mayor Prochaska extended the City's sympathies to Building Inspector Bill Dettmer whose sister passed away a few days ago. He advised the City Council that he had a sympathy card and anyone wishing to sign it should see him. F.E.Wheaton Expansion — Plat of Easement Mayor Prochaska entertained a motion to refer the F.E.Wheaton Expansion — Plat of Easement to the next Public Works Committee meeting. So moved by Alderman Ohare; seconded by Alderman Besco. The Minutes of the Regular Meeting of the Citv Council — August 23, 2005 — page 4 Attorney Wyeth explained that the grantor of the easement is requesting some minor revisions. Administrator Graff stated that the revisions are due to their future expansion; there are some details the architect did not consider. There was some discussion if this should be refereed back to the Public Works Committee or the Committee of the Whole (COW). It was decided that it should be referred back to the September 20, 2005 COW meeting. Alderman Burd withdrew her second; Alderman Ohare with drew the motion. Mayor Prochaska entertained a motion to refer the F.E.Wheaton Expansion — Plat of Easement to the next COW meeting on September 20, 2005. So moved by Alderman Ohare; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -7 Nays -0 Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye, Wolfer -aye, Besco -aye CITY COUNCIL REPORT Resolution 2005 -57 Eminent Domain Mayor Prochaska entertained a motion to approve the Eminent Domain Resolution as presented. So moved by Alderman Burd; seconded by Alderman Wolfer. Alderman Burd complimented Attorney Wyeth for a well done resolution. Mayor Prochaska thanked the City Council for bring this forward. Motion approved by a roll call vote. Ayes -7 Nays -0 Leslie -aye, Munns -aye, Ohare -aye, Wolfer -aye, Besco -aye, Burd -aye, James -aye ATTORNEY'S REPORT Robert's Rules 101 Attorney Wyeth went over the updated "Desk Guide" of the Robert's Rules (see attached). He noted that he added the definitions for subsidiary motions #1, 3, 4 and 7. He went over the four subsidiary motions (postpone indefinitely, refer to a committee, postpone to a certain time and lay on the table) in more detail. He stated he would be discussing the remanding subsidiary motions at the next City Council meeting. CITY CLERK'S REPORT Clerk Milschewski reported that she had the sign up sheet for the City's booth at the Hometown Days Festival. She explained that the sheet had two columns and those interested in volunteering should try to fill up the first column first as the booth was being shared with Kendall County. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Sod Permits and Sprinkling Rules Director Dhuse reported that the Public Works Department has developed a way for residents to begin laying sod as of September 1, 2005 and still keep the water supply up. He explained that permits were being issued beginning August 25, 2005 however work may not begin until September 1, 2005. Only 60 permits will be issued until September 10, 2005. After the fist 60 permits are granted, another 60 permits will be granted after September 11, 2005. Those receiving the permits will be allowed to water their yards after September 21, 2005 and only at night; following the water conservation ordinance guidelines of watering between the hours of 9:00 p.m. and 12:00 a.m. following an even/odd system. Mayor Prochaska thanked Director Dhuse for developing the plan in an effort to eliminate the impact on the City's water table. CHIEF OF POLICE REPORT No report. The Minutes of the Regular Meeting of the Citv Council — August 23. 2005 — uage 5 EXECUTIVE DIRECTOR OF PARKS & RECREATION REPORT No report. COMMUNITY & LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Heartland Circle — Acceptance of Watermain System A motion was made by Alderman Besco to approve the acceptance of the Watermain System for Heartland Circle as presented; seconded by Alderman James. Administrator Graff stated that the original motion under the Consent Agenda included the sanitary and storm sewers. He indicated that there is additional work to be done on these systems and that only the watermain is complete. Motion approved by a roll call vote. Ayes -7 Nays -0 James -aye, Leslie -aye, Munns -aye, Ohare -aye, Wolfer -aye, Besco -aye, Burd -aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2005 -70 Lee Farm - Annexation Agreement A motion was made by Alderman Munns to approve an Ordinance authorizing the execution of an Annexation Agreement and Planned Unit Development Agreement of Conifer Group LLC and Montalbano Builders, Inc. and authorize the Mayor and City Clerk to execute all documents upon final legal and staff review; seconded by Alderman James. Mayor Prochaska noted that this property is currently not annexed to the City. Attorney Wyeth explained that the Annexation Agreement can be passed and there will be further action on the annexation when the property becomes contiguous. Motion approved by a roll call vote. Ayes -8 Nays-0 Mums -aye, Ohare -aye, Wolfer -aye, Besco -aye, Burd -aye, James -aye, Leslie -aye, Prochaska. -aye Ordinance 2005 -71 Lee Farm - Annexation A motion was made by Alderman Munns to approve an Ordinance annexing the Lee Farm - Montalbano homes as presented; seconded by Alderman James. Motion approved by a roll call vote. Ayes -7 Nays -0 Ohare -aye, Wolfer -aye, Besco -aye, Burd -aye, James -aye, Leslie -aye, Munns -aye Ordinance 2005 -72 Lee Farm — Rezoning A motion was made by Alderman Mums to approve an Ordinance rezoning certain property in furtherance of an Annexation and Planned Unit Development Agreement with Conifer Group, LLC as legal owner and Montalbano Homes as the developer, seconded by Alderman Oha.re. Motion approved by a roll call vote. Ayes -7 Nays-0 Wolfer -aye, Besco -aye, Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Ordinance 2005 -73 General Obligation Bonds (Alternate Revenue Source) for Waterworks System Contracts B.2 and B.3 A motion was made by Alderman James to approve an Ordinance authorizing and providing for the Issue of $2,000,000.00 General Obligation Bonds (Alternate Revenue Source) for the Water Works System Contracts B.2 and B.3 as recommended by the City Treasurer and Finance Director; seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes -7 Nays -0 Wolfer -aye, Besco -aye, Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye The Minutes of the Regular Meeting of the Citv Council — August 23, 2005 — nage 6 ADDITIONAL BUSINESS Countryhills Subdivision Empty Lot Alderman Leslie noted that there is a lot in the Countryhills Subdivision #I that is loaded with garbage. Mayor Prochaska advised him to contact the Building or Public Works Departments who will then contact the owner and have him clean it up. Director Dhuse stated he would look into it. Reserve at Fox River Apartments Alderman Besco complained that the Reserve at Fox River apartments were looking bad with dead trees and overgrown grass. Mayor Prochaska explained that the property had a new owner and Administrator Graff stated he would contact them. He also noted that the city has advised developers with dead trees not to remove and replant them because of the watering restrictions. Speeding in Countryhills Subdivision Alderman Leslie thanked Chief Martin and Administrator Graff for investigating the problem with speeders in the Countryhills Subdivision. East Main Street Repairs Alderman Burd reported that she had been contacted by several residents regarding the construction on East main street. They expressed their concerns with the replacement of their driveways, sidewalks and parkway grass. They wanted to know if these things will be replaced in a timely manner so that it will look the way it used to look. Mayor Prochaska noted that City Engineer Joe Wywrot will be contacting the affected homeowners to advise them that it is the City's policy to restore and/or repair anything that was disturbed. He suggested that if something is not done to a resident's satisfaction, they should contact the City. Administrator Graff stated that restoration will take place after the asphalt is laid which should be next week. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Burd; seconded by Alderman Besco. Motion approved by a viva voce vote. Meeting adjourned at 7:45 P.M. Minutes submitted by: <ZED Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois CITY COUNCIL MEETING August 23, 2005 PLEASE PRINT NAME: ADDRESS: I SIGNIN I i siiiijf�l %;�;.,'pi;- .• .�11I!li. � :.01! 1! 2! li_. r1!2! li: :::.�1!!li_:.�Z12_�li_:: <.�1�2_ Ali. .�1!L�li.:_.�1!2!li.,.;:..�;a:; ���Il ;!►�h161A I� ►Q�.� UNITED CITY OF YORKVILLE ; ►1�,` 'r1 ►11�'°=+ i ,yea +11 ►t,��, ; ``► „��;�a? WHEREAS the Save A Life Foundations mission is training and developing people, starting il 4 w o a With schoolchildren, to be active bystanders equipped with basic Life Supporting First Aid skills to �r :� ' f � fill.: �:h111 1 1 ►I�he during emergencies; and i ►►� =`7 WHEREAS, Save a Life Foundation utilizes only Emergency Medical Service Professionals ;e: '$'I �i� +i ►l ► I l e; l as Instructors to teach basic Life Supporting First Aid techniques, including Cardiopulmonary ;.,- �_+ ►► �I 1 1 1 ►1, =.� .Resuscitation (CPR), the Heimlich maneuver, and the use of an Automatic External Defibrillator ►►� ° . e ,, (AED) to schoolchildren, grades K -12 and adults; and Mlle• =-; ;�r�1111 ► <,:•,' WHEREAS, the U.S. Surgeon General recognizes Save A Life Foundations life-supporting .® bAIII first aid training programs as a medical component to his "Year of the Healthy Child” initiative.; and aI I l °e �� ►1►1t0�, -'•' 11 ►;,;�? basic Life Supporti WHEREAS, ng First Aid Techniques, such as CPR, Heimlich maneuver, ;r�e•l o . =•. • -li ► ► .e- ;. and the use of an AED are essential in maintaining life prior to EMS arrival; and ; •.: ®,.► �� ►I; ' WHEREAS, Save A Life Foundation works with local, state and federal government �1� ►,,:.�� organizations and the private sector to highlight the importance of public emergency preparedness and ® ,��P,1 i 1'1 °aka effective emergency response; and ° '' ! WHEREAS, Save A Life Foundation, an affiliate of the U.S. Department of Homeland ; ;�;• Security, Citizens Corps, encourages all municipalities to recognize Save A Life Month in conjunction iI I ► I l pe e � with Homeland Security's National preparedness Month, a nationwide effort to encourage Americans t`�� ►1 ►i�.�� �► „�gn: to prepare for emergencies; and ; �.: �1�1 ►1 ►1 WHEREAS, Save A Life Foundation will coordinate this year a national awareness campaign ''; /I►►+ W ' � ► .,.. ; a of activities for Save A Life Month to promote life supporting first aid training along with Citizen �; - i 'M �i ►� ► %,j Corps and Medical Reserve Corps; and v•• °' al , ►��h�.°� WHEREAS, the month of September 2005 has been designated as National Save A Life ��t; 4 ' `'I ►1 `I °ice Month, and .• �1��\ _• ! e�l� '11 ► NOW THEREFORE BE IT RESOLVED that all municipalities mayors and governors "�; ► i�1 ' !+ h; • work with their local, state and federal government organizations and the private sector to proclaim, to ..• -•�' 1 :'i ► ► ► a -participate in, and to celebrate the month of September as National Save A Life Month. ;., a►►) . ►����� THEREFORE, I, Arthur F. Prochaska, Jr., Mayor, proclaim the month of September 2005 as ®' +I'i ► 1 ► I / e ; _ SAVE A LIFE MONTH for the United City of Yorkville. ; - 'e11111 11 -, � �ee1 ►1 t 1►� ►. °:•; Dated this 23rd day of August, 2005, A.D. : -m,►” � III -„ 1.,'11►• .����;GC. t1;�e 1.1�'., ; Arthur F. Prochaska, Jr., May Vii,:,% ♦' ,% e,:,% ♦.nI �:.:,.% �:.:�% �:,.�I �'�:.% v: ­ q - �.=.�:► r1IiL� ::rJI��:.:r1ILc... : � :�IN :.... - �� ����a�+ �i��.�.• ��i .��.i�i�ii�w�i� +iii. ►�i���������i:iii��/���� DESK GUIDE Parliamentary Procedures (Page Citations are to Robert's Rules of Order, 10 Edition, Perseus Pub., Oct 2000) HANDLING A MOTION (Sec. 4, Pages 31— 54) Three steps to bringing a motion: j 1. A member makes the motion 2. Another member seconds the motion 3. The chair states the question on the motion Three further steps in consideration of the motion: 4. Members debate the motion 5. The chair puts the question to a vote 6. The chair announces the result of the vote DESCRIPTIONS AND CLASSIFICATIONS OF MOTIONS (Generally Sec. 6 pgs 59 — 76, Detail found in Sections 10 — 37, Pages 95 -- 324) 1. MAIN MOTION General Description in Section 6 (pg 59), Detailed Description in Section 10 (pgs 95 - 120). "A main motion is a motion whose introduction brings business before ek - T AFL assembly." "A main motion can only be made when no other motion is pending." Page 59 2. SUBSIDIARY MOTIONS (7) ( General Description in Section 6 (pgs 60 -64), Detailed Description in Sections 11 - 17 (pgs 121— 210). 1. Postpone Indefinitely (pg 60, and Section 11, pgs 121 -124) "Motion that tl :e assembly decline to take a position on the main question Its adoption kills the main motion and avoids a direct vote on the question. It is useful in disposing of a badly chosen main motion that cannot be either adopted or expressly rejected without possibly undesirable consequences. " (pg 121) 2. Amend (pg 60, and Section 12, pgs 125 -159) 3. Refer to a Committee (pg 61, and Section 13, pgs 160 -171) "Motion used to send a pending question to a relatively small group of selected Persons — a committee — so that the question may be carefully investigated and Put into better condition for the assembly to consider" (pg 160) 4. Postpone to a Certain Time ft 61, and Section 14, pgs 172 -182) "Motion by which action on a pending question can be put off, within limits, to a Definite day, meeting, or hour, or until after a certain event " ft 172) 5. Limit or Extend Debate (pg 61, and Section 15, pgs 183 -188) 6. Previous Question (pg 61, and Section 16 pgs 189 -200) 7 Lay on the Table (pg 61, and Section 17, pgs 201 -210) "Motion enables the assembly to lay the pending question: aside temporarily when � Something of immediate urgency has arisen, in such a way that. 1) there is no set time for taking the matter up again, but 2) its consideration can be considered at the will of the majority and its preference to any new questions that may be competing with it for consideration. Brought back by a motion to "Take from the Table." ft 201) 3. PRIVILEGED MOTIONS (5) General Description in Section 6 (pgs 64 -66), Detailed Description in Sections 18 — 22 (pgs 211 - 239). 4. INCIDENTAL MOTIONS (11) General Description in Section 6 (pgs 66 - 72), Detailed Description in Sections 23 - 33 (pgs 240 - 288). 5. MOTIONS THAT CAN BRING A QUESTION BEFORE THE BODY AGAIN (4) General Description in Section 6 (pgs 72 -76), Detailed Description in Sections 34 - 37 (pgs 289 - 324). I