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City Council Minutes 2005 10-11-05 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. OCTOBER 11. 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 (arrived 7:06) Ward Il Burd Present Wolfer Present Ward III Ohare Present (via telephone) Munns Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Attorney Wyeth, Police Chief Martin, 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. AMENDMENTS TO THE AGENDA Alderman Spears asked that #5 — SBC T -1 Line Agreement be moved from under the consent agenda to under the Mayor's Report. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M., Monday, November 7, 2005 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Thursday, October 20, 2005 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M, Thursday, November 3, 2005 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee Cancelled Ad Hoc Technology Committee T.B.A. PRESENTATIONS Character Counts Plaques Mayor Prochaska and Yorkville Community Wellness Committee members Jeff Schafermayer and Dr. Dave Wieck presented David Keller, Brett & Missy Burks, Edward Kurz, Sr., Jeaness Medin, Identa Austin and Eric Weis with plaques in recognition of their exhibiting the pillars of character that are part of the Character Counts Program. Mayor Prochaska congratulated the recipients and thanked the Wellness Committee for their work. Dr. Wieck thanked the Record Newspaper for their help in promoting the program and he congratulated the recipients. PUBLIC HEARINGS Rob Roy Creek Alternate Revenue Bonds BINA Hearing Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing the Rob Roy Creek Alternate Revenue Bonds BINA Hearing. So moved by Alderman James, seconded by Alderman Mums. The Minutes of the Regular Meeting of the Citv Council — October 11. 2005 — nage 2 Motion approved by a roll call vote. Ayes -8 Nays -0 Besco -aye, Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare-aye, Spears -aye, Wolfer -aye Mayor Prochaska explained the public hearing is to discuss the issuance of up to $12 million in bonds for the Rob Roy Creek Interceptor which will extend service to the north of Yorkville. This is an alternate revenue bond whose revenue source will be developer's fees. Mayor Prochaska opened the floor for public comment. There was none. Mayor Prochaska opened the floor for City Council comment. There was none. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Besco; seconded by Alderman Burd. Motion approved by a roll call vote. Ayes -8 Nays -0 Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye CITIZEN COMMENTS Gary Rice, 598 Poplar Drive addressed the City Council. He expressed his concern with the "in fighting" of the City Council which he has read about in the newspapers and discussed with other citizens. He noted that he wrote a letter to the editor of the Kendall County Record which was printed in last week's edition where he called for a few of the Council members who he perceives as stubborn and caring more about arguing than doing business to resign. He apologized for the comment because everyone on the Council should be thanked for the time they put in for the citizens and because he doesn't want anyone asking him to do the job. He commented that the fighting is hurting the citizens of Yorkville and expressed the concern that some members of the City Council don't know the history of Yorkville. Mr. Rice explained to the City Council that he has been a resident of Yorkville for fifty -six years, represents five generations of Yorkville residents and that his family owned a business in downtown Yorkville for twenty -five years. He further explained that years ago Yorkville had many prominent businessmen who built the community. He reminded the City Council of the time and effort these individuals committed to the City and asked them to remember this when they are working on projects. He gave the history of the Yorkville Businessman's Associates (eventually the Chamber of Commerce), the way they helped the community along and he gave a detailed account of the spirit of Yorkville in the past. He noted that these businessmen built the parks, ball fields, festivals and they were the mayors, aldermen and the leaders. He asked the City Council not to let these people down. Mr. Rice stated that he knows the City cannot be like it was in the past however he would like to see the spirit of small-town Yorkville remain. He felt that this is not impossible. He stated that Yorkville needs a City Council that works in harmony to move the City forward and the residents need a Council that works hard to hire the right people to run the city. He asked that when these people are hired, the City Council let them do their jobs. He commented that micromanaging is not needed; if the City Council does a good job interviewing, performing background checks and hiring, the individuals should be allowed to do the job they were hired to do. He asked the City Council to value the employees and to acknowledge the jobs they do. He suggested that a thank you note in the newspaper or on WSPY wouldn't hurt. He stated that he would like to see a Council that cares for its young citizens, old citizens and its disabled citizens. He also for a City Council that valued its old, existing business as much as they value bringing in new business. He asked them to treasure what they have in this town. Mr. Rice asked the City Council to imagine the feelings of the majority of Yorkville business people and residents when they read week after week about the Council's childish behavior, arguing and fighting. He cited the discussion about the employees having shirts with the City's name on them. He stated that the employees having shirts is not a big deal; other municipalities have them. He commented that he would find it hard to believe if over I% of the residents would ever complain about the staff having shirts. He asked the Council to better spend the hours arguing about trivial things to work to help ways to have businesses prosper and improve the life of the City's residents. He also cited the discussion over legal fees incurred by an employee for an incident that occurred while she was working for the City. He stated that an employee should expect an employer to back them up and the Council should support the employees. He felt that the old City father's would turn over in their graves if they could see a City Council that did not back up their employees. He stated that he is ashamed of both sides of the City Council. He stated that everyone should grow up and start thinking about the end goal. He commented that The Min — Minutes of the Regular Meeting of the City Council — October 11.2005 uagg 3 the City Council was on the "Burlington freight train" and should get on the "express train" because the City is growing too fast and there is no room for spending hours on trivial things. He noted that the citizens of Yorkville put up with this type of behavior with the old School Board. He asked the City Council to look what happened when the School Board was having internal battles; valuable time was wasted in meetings, referendums failed, people turned on one another, the high school was built too small, etc. He asked the City Council to look at the similarities between themselves and the old School Board; he didn't think there was much of a difference and he felt the City Council learn from them. He invited the Council members to come to Rice Park, which was named after his father. He stated it is located in the River's Edge subdivision and he is very proud of it. He stated that on a nice day there could be fifty children playing there and parents visiting with each other. He commented that it has brought the whole neighborhood together and this is the way the City should be. He stated that neighborhood parks are being enjoyed and the City has Executive Director of Parks & Recreation Laura Brown to thank for this. He commented that from what he has read in the newspapers, the City Council owes Ms. Brown an apology and they should thank her for a job well done. He stated that most importantly, she deserves an invitation to assume her job. CONSENT AGENDA 1. Police Reports for August 2005 2. Trick or Treat Hours — Monday, October 31, 2005 from 4 — 7 p.m. 3. Ordinance 2005 -82 — Approving Variances for Rear and Front Yard Setbacks for 507 W. Ridge Street - authorize the Mayor and City Clerk to execute 4. Rob Roy Creek Interceptor Contract No.4 — ComEd Easement Agreement - authorize payment in an amount not to exceed $15,500. 00 5. Resolution 2005 -69 - Protect Kendall Now Initiative Agreement between the Conservation Foundation and the United City of Yorkville — authorize payment in an amount not to exceed $5, 000. 00 for July 1, 2005 through June 30, 2006, authorize payment in an amount not to exceed$5, 000.00 for July 1, 2006 through June 30, 2007 and authorize the Mayor and City Clerk to execute Mayor Prochaska entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Besco; seconded by Alderman James. Motion approved by a roll call vote. Ayes -8 Nays -0 Burd -aye, James -aye, Leslie -aye, Munns -aye, Spears -aye, Wolfer -aye, Ohare -aye, Besco -aye PLANNING COMMISSION /ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL None. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated September 30, 2005 totaling the following amounts: checks in the amount of $1,023,173.09 (vendors); $173,274.37 (payroll period ending 9/17/05); for a total of $1,196,447.46 seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes -8 Nays -0 Besco -aye, Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye REPORTS MAYOR'S REPORT Character Counts Week Proclamation Mayor Prochaska read a proclamation (see attached) declaring October 16 t h through October 22n 2005 National Character Counts Week in the United City of Yorkville. He entertained a motion to ratify the proclamation. So moved by Alderman James; seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes -8 Nays-0 Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye, Surd -aye, James -aye, Leslie -aye The Minutes of the Regular Meeting of the City Council — October 11, 2005 — nag_e 4 Make a Difference Day Proclamation Mayor Prochaska read a proclamation (see attached) declaring October 22, 2005 Make a Difference Day in the United City of Yorkville. He entertained a motion to ratify the proclamation. So moved by Alderman Besco; seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes -8 Nays -0 Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye, Burd -aye, James -aye, Leslie -aye, Munns -aye Appointment to Human Resource Commission Mayor Prochaska reported that he was appointing Madonna Bialek to the Human Resource Commission for a term ending April 30, 2006. He entertained a motion to accept this appointment. So moved by Alderman Leslie; seconded by Alderman Wolfer. Alderman Spears commented that Ms. Bialek has contributed to the community in many ways and will be a great addition to the committee. Motion approved by a roll call vote. Ayes -8 Nays-0 Spears -aye, Wolfer -aye, Besco -aye, Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye Coffee with the Mayor Mayor Prochaska reported that the next Coffee with the Mayor would be held on October 15, 2005 at the Grande Reserve Club House, 2855 Grande Trail, from 10:00 a.m. to noon. Agreement with Senior Services Mayor Prochaska entertained a motion to approve a Use Agreement, as presented between the United City of Yorkville and Senior Services Associates for the use of the Beecher Community Building, subject to receipt of funding for the transition and move of the Recreation Department Offices and Programs, and subject to legal review. So moved by Alderman Wolfer; seconded by Alderman Surd. Alderman Burd expressed her pleasure that this is issue in been resolved and moving ahead. Alderman Spears questioned the date changes in the agreement and Attorney Wyeth stated that there were three changes made and he would give everyone a copy of the final draft. Alderman Wolfer and Mayor Prochaska thanked the Executive Director of Parks & Recreation Laura Brown for her efforts in coordinating the five agreements needed to facilitate Senior Services Associates' move to the Beecher Center. Motion approved by a roll call vote. Ayes -8 Nays -0 Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye Agreement with Salvation Army Golden Diner's Nutrition Program Mayor Prochaska entertained a motion to approve a Memorandum of Agreement, as presented between the Salvation Army Golden Diner's Nutrition Program, and United City of Yorkville, subject to execution of the Use Agreement with the Senior Services Associates, subject to receipt of funding for the transition and move of the Recreation Depar anent Offices and Programs, and subject to legal review. So moved by Alderman Wolfer; seconded by Alderman Spears. It was noted that it was discussed at the last Committee of the Whole that the agreement should state the Perkins Room rather than the Austin Room and the amount of $20.00 for repairs was to be removed. Mayor Prochaska suggested the second be withdrawn and the motion restated. Alderman Spears withdrew her second; Alderman Wolfer withdrew the motion. Mayor Prochaska entertained a motion to approve a Memorandum of Agreement, as presented between the Salvation Army Golden Diner's Nutrition Program, and United City of Yorkville, subject to execution of the Use Agreement with the Senior Services Associates, subject to receipt of funding for the transition and move of the Recreation Department Offices and Programs, and subject to legal review and subject to the changes brought to the City Council's attention. So moved by Alderman Wolfer; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -8 Nays -0 James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye, Burd -aye i The Minutes of the Regular Meeting of the Citv Council — October 11. 2005 — naee 5 Agreement with Community Nutrition Network and Senior Services Association of Cook County Mayor Prochaska entertained a motion to approve a agreement, as presented between Community Nutrition Network and United City of Yorkville, subject to execution of the Use Agreement with the Senior Services Associates, subject to receipt of funding for the transition and move of the Recreation Department Offices and Programs, and subject to legal review. So moved by Alderman Wolfer, seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -8 Nays -0 Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye, Burd -aye, James -aye Agreement with Parkview Christian Academy Mayor Prochaska entertained a motion to approve a Cooperation Agreement, as presented between Parkview Christian Academy and United City of Yorkville for use of a portion of the building for Park and Recreation Programs, subject to execution of the Use Agreement with the Senior Services Associates, subject to receipt of funding for the transition and move of the Recreation Department Offices and Programs, and subject to legal review. So moved by Alderman Wolfer, seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -8 Nays -0 Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye, Burd -aye, James -aye, Leslie -aye Agreement for Kramer Building Office Space Mayor Prochaska entertained a motion to approve an Office Lease Agreement, as presented between Old Second National Bank trust #48 -6193 and United City of Yorkville for office space at 1107A S. Bridge Street for office use by the Parks & Recreation Department subject to execution of the Use Agreement with the Senior Services Associates, subject to receipt of funding for the transition and move of the Recreation Department Offices and Programs, and subject to legal review. So moved by Alderman Wolfer; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -8 Nays -0 Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye, Burd -aye, James -aye, Leslie -aye, Mums -aye Mayor Prochaska noted that these agreements show a true cooperation between the City Council, private ownership and other government entities to provide a service that he would like to see remain in the United City of Yorkville because it is a benefit to the citizens. He thanked the City Council for working with him and he thanked Ms. Brown for her efforts in coordinating the agreements. Ehler's & Associates, Inc. Proposal for Downtown Redevelopment TIF District Project Study Mayor Prochaska entertained a motion to approve the proposal, as presented, of Ehler's and Associates, Inc. for cost of doing a feasibility study for a Downtown Redevelopment TIF District Process in the amount of $40,000.00 including expenses. So moved by Alderman Munns; seconded by Alderman Spears. Alderman James stated that he received telephone calls questioning how this could be approved when a member of the City Council has a conflict of interest with this project. He stated that he took a closer look at the Yas Study which was presented earlier in the year (he distributed a map to the City Council). He stated that it was never disclosed that an individual on the City Council owns investment property in the proposed study area; an area designated for townhomes. He noted that this Council member is also on the Fa*e Committee and has pushed for downtown development and for using taxpayer's money to redevelop the area where she has investment property. He also referred to the minutes from a July 12, 2005 meeting where Alderman Burd was present and voted "aye" for Ordinance 2005 -60 — Providing Feasibility Study and Report with Respect to the Designation of an Area as a Tax Increment Financing Redevelopment Project Area (Downtown Business Area). He stated that an attachment to the ordinance was the map he distributed showing that her property was included in the area. He further stated that at no time did Alderman Burd disclose that her investment property was included in the study area and he found it troubling that someone could sit on the City Council and push for downtown redevelopment with out disclosing this information. Alderman Spears stated that Alderman Bard brought this information to the City Council's attention and she contacted the press regarding this. Alderman James disagreed stating that the press contacted Alderman Burd. Alderman Spears stated that this was not correct. She explained The Minutes of the ReVilar Meeting of the Citv Council — October 11, 2005 — uage 6 that the press contacted someone at City Hall for details regarding this. Attorney Orr (attorney for the TIF) was then contacted. Alderman Spears stated that for years Alderman Burd has worked to get the downtown area redeveloped, she has been a strong supporter of business in the area, she was behind the creation of the Fagade Committee and she should not be discredited. She stated that she did not have a problem with Alderman Burd owning property in the TIF area. Alderman Munns stated that the downtown redevelopment is for the betterment of the City and that the study should not be disqualified just because Alderman Burd owns property in the _ redevelopment area. Alderman Besco stated that he did not consider the property in question investment property since Alderman Burd lives there and has done so for several years. He stated that Alderman Burd contacted Attorney Orr regarding this and has been forthcoming and that in previous concepts from Yas, Alderman Burd's property was not included in the study area. Alderman James clarified that the ordinance voted on at the July 12, 2005 City Council meeting had the map attached which included Alderman Burd's property in the study area. He also clarified that in addition to Alderman Burd's residence, she has an additional parcel of property included in the study area. He stated that the disclosure of the ownership of the additional parcel is what is in question. Mayor Prochaska reminded the City Council that according to Attorney Orr moving forward with the study does not hold them responsible; the responsibility is on the owner to disclosure ownership. He noted that Alderman Burd is responsible for following the necessary legalities. He stated that a memo has been distributed to all employees and agents advising them to disclose if they owned any property in the proposed TIF area. He commented that this is a project that affects the heart of Yorkville. Attorney Wyeth explained stated that he asked Attorney Orr if the offending alderman were to vote on every portion of a TIF, from be ginning to end, would this undermined the viability of the TIF district. He stated that Attorney Orr's answer was no. This is a personal matter not a matter that the City has a risk in. Alderman Wolfer stated that he did not want to hurt any businesses by slowing this process down however he wanted Alderman Burd to have time do what she might need to do, if anything does need to be done. He stated he wanted the TIF to be above reproach and everything done above board. Alderman Spears noted that there was a downtown study done by Northern Illinois University and she asked if Alderman Burd's property was included in it. Mayor Prochaska stated he was not sure but thought the study included both sides of Mill Street. Alderman Leslie stated that he was in favor of the TIF however he was concerned with the liability to the City and aldermen. He asked if it was fair to state that if the TIF was instituted Alderman Burd would realize a financial gain. He stated that this is a $40,000.00 study and he would rather not spend $40,000.00 of taxpayer's money if down the line it is determined that the TIF is wrong because of this. Mayor Prochaska reiterated that the attorneys have explained that as long as it is a whole area being considered for the TIF, there is no liability to the City. It is the responsibility of the property owner to stay within the bounds of the law. He stated that a large expanded area is being considered by the study and this area is ripe for redevelopment which will help both existing and new businesses. Alderman Spears stated that when the last TIF was passed the City did not anticipate the problems of relocating the Senior Services Associates. She noted there are many unknowns in instituting a TIF however it is an advantage to the downtown property owners to move ahead with the study. Alderman Wolfer noted that this vote is for the TIF feasibility study and there is time to stop the process if a conflict does arise. Alderman. Besco asked if the City Council had actually voted on anything related to a TIF for the downtown area. Mayor Prochaska explained that according to the attorneys, the process has started however the actual TIF district has not been created yet. Motion approved by a roll call vote. Ayes -5 Nays -2 Spears -aye, Wolfer -aye, Besco -aye, James -nay, Leslie -aye, Munns -aye, Ohare -nay Alderman Burd did not participate in the vote. The Minutes of the RegiilAr Meeting of the Citv Council — October 11. 2005 — nage 7 SBC T -1 Line Agreement Mayor Prochaska entertained a motion to accept the SBC T -1 Line Agreement and authorize the Finance Director to execute. So moved by Alderman Wolfer; seconded by Alderman Leslie. Alderman Spears asked for clarification on the following items: • A letter dated October 5, 2005 states that the monthly fee is $550.00 however the proposal indicates the fee is $425.00 - Finance Director Pleckham clarified that the correct amount is $425.00 /month. o Was there an out clause for the agreement - Director Pleckham stated she would look into this further. • Page 7 of the agreement states that the rates are subject to change — could the City lock in the rates - Director Pleckham clarified that the rates are locked in for the 36 months of the contract. • The statement that the volume discount could be greater or less than the aggregation of eligible chares seemed very board - Director Pleckham indicated that the volume discount does not apply to the City because only one T- line is needed- Mayor Prochaska stated that the Council would be approving the agreement with the inclusion of an out clause of 30 to 60 days. Alderman Spears asked if this vote should be postponed. Mayor Prochaska explained that the Library was going to break ground and the T -1 line to the City would be cut before the next City Council meeting; this needs to move ahead He stated that this could be voted on subject to verifying the clause. Alderman Leslie withdrew his second and Alderman Wolfer withdrew the motion. Mayor Prochaska entertained a motion to approve an agreement with SBC for a T -1 Line subject to verification of a 30 — 60 day out clause for the City and authorize the Finance Director to execute the agreement. So moved by Alderman Wolfer; seconded by Alderman Leslie. Motion approved by a roll call vote. Ayes -8 Nays -0 Wolfer -aye, Besco -aye, Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye CITY COUNCIL REPORT No report. 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 outline for the next group of motions; the privileged motions. These motions do not relate to pending business but have to do with special matters of immediate and overriding importance. He stated that he would go into these motions in greater detail at upcoming meetings. CITY CLERK'S REPORT City Clerk Milschewski reported that she received a letter from Alderman Burd dated October 3, 2005 regarding the downtown TIF and her refraining from participation in any discussion regarding it. Clerk Milschewski read the letter to the City Council (see attached). CITY TREASURER'S REPORT No report. CITY ADM NISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that the Public Works Department will be busy the next few weeks with hydrant flushing, leaf pick up and brush pick up. He stated further information will be posted in the City's newsletter and in the Kendall County Record newspaper. CHIEF OF POLICE REPORT No report. The Minutes of the Regular Meeting of the Citv Council — October 11, 2005 — Dage 8 EXECUTIVE DIRECTOR OF PARKS & RECREATION REPORT Director Brown reported that the Park Board met October 9, 2005 and it was recommended that their meeting date be changed from Monday to Thursday. The meeting schedule of the second and forth Thursday of the month will begin with the October 27, 2005 meeting. COMMUNITY & LIAISON REPORT Senior Ad Hoc Committee Meeting Alderman Spears reported that the Senior Ad Hoc Committee met on October 10, 2005 where the new Senior Services Associates contract, grant guidelines and the creation of a permanent advisory committee were discussed. The suggestion for the permanent advisory committee will be brought to the November 1, 2005 Committee of the Whole meeting for further discussion. Kendall County Tour Alderman Burd reported that she participated in a tour of Kendall County sponsored by the Kendall County Forest Preserve and the Aurora Area Visitor and Convention Bureau. The tour stopped at sites in Plano, Newark, Oswego which could be promoted to attract tourist to the area. Park Board Meeting Alderman James reported that he attended a very sad Park Board meeting where they accepted Director Brown's letter of resignation. Due to the resignation, they identified interim personnel to fill the void; Sue Swithin for Recreation Department and Scott Sleezer for the Parks Department. Alderman James complimented Director Brown on her fine job with the Parks and Recreation Department. He stated that she has brought the parks to a totally different level and she has initiated quality programs for the residents. He noted that the two driving forces behind the acquisition of Hoover were Director Brown and former City Administrator Graff and it was sad that the City has lost both individuals. Yorkville Economic Development Corporation Mayor Prochaska reported that he and Alderman Spears attended the Yorkville Economic Development Corporation's annual meeting where Representative Tom Cross was the keynote speaker. He stated that the event was well attended and it was evident that the YEDC is helping to attract new businesses and retain existing businesses. He thanked YEDC's Executive Director Lynn Dubajic for her work on the event and for her work with the businesses in the community. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Resolution 2005 -70 Swanson Lane Estates Final Plat of Subdivision A motion was made by Alderman Munns to approve a resolution approving the Final Plat of Subdivision for Swanson Lane Estates subject to staff and legal review; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -8 Nays-0 Wolfer -aye, Besco -aye, Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye Ordinance 2005 -83 Bailey Meadows — Annexing A motion was made by Alderman Munns to approve an ordinance annexing Bailey Meadows Subdivision in furtherance of an Annexation Agreement with IRED Baseline, LLC, and authorize the Mayor and City Clerk to execute all documents upon final legal review; seconded by Alderman Besco. Mayor Prochaska noted that the Annexation Agreement was previously voted on by the City Council however the property was not contiguous at that time. This vote is for the actual ordinance annexing the property so that it can be recorded. Motion approved by a roll call vote. Ayes -8 Nays-0 Besco -aye, Burd -aye, James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye Ordinance 2005- 84 Bailey Meadows — Rezoning A motion was made by Alderman Munns to approve an ordinance rezoning property in furtherance of an Annexation Agreement with IRED Baseline, LLC, and authorize the Mayor and City Clerk to execute all documents upon final legal review; seconded by Alderman Spears. The Minutes of the Regular Meeting of the Citv Council — October 11. 2005 — nage 9 Motion approved by a roll call vote. Ayes -8 Nays -0 Burd -aye, James -aye, Leslie -aye, Mums -aye, Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye Ordinance 2005- 85 Pulte/Del Webb Property North of ComEd Right of Way Annexing A motion was made by Alderman Munns to approve an ordinance annexing GarritanoBrummel Property — Del Webb Pulte Area north of the Commonwealth Edison right of way in furtherance of an Annexation and Planned Unit Development Agreement with MPLIV 10, LLC, MPLIV20, LLC, and MLH Yorkville, LLC and authorize the Mayor and City Clerk to execute all documents upon final legal review; seconded by Alderman Spears. Alderman Besco asked for clarification on the motion. Mayor Prochaska explained that the Annexation and Planned Unit Development Agreement was voted on at the last City Council meeting however there was one piece of the property covered by the agreement that was not contiguous until the annexation of the Bailey Meadows Subdivision which was just approved. Motion approved by a roll call vote. Ayes -8 Nays -0 James -aye, Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye, Burd -aye Ordinance 2005 -86 PultefDel Webb Property North of ComEd Right of Way Rezoning A motion was made by Alderman Munns to approve an ordinance rezoning certain property in furtherance of an Annexation and Planned Unit Development Agreement with MPLIV 10, LLC, MPLIV20, LLC, and MLH Yorkville, 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 -8 Nays -0 Leslie -aye, Munns -aye, Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye, Burd -aye, James -aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Executive Director of Parks And Recreation Mayor Prochaska thanked Executive Director of Parks And Recreation Laura Brown for all the hard work and great things she has done for the City in the last three years. He noted that he has confidence in the staff that they will be able to carry on with the work she has begun however Ms. Brown and her ideas, suggestion and ability to get things accomplished will be missed. Alderman Leslie noted that in his six months on the Council, the City has lost two key staff members and he stated that while he did not know all the dynamics that played into the resignations he felt that there were members of the Council that did not see eye-to-eye with the staff. He encouraged the City Council to work together with the incoming staff to prevent problems in the future. He wished Ms. Brown the best for her future and complimented the great job she has done for the City. Mayor Prochaska and Alderman Wolfer asked Ms. Brown to reconsider her resignation. Alderman Wolfer explained that parks are not just for play but are places where people go to rejuvenate. He stated that when he and Alderman James are racing their wheel chairs in the old folk's home, the parks will still be here thanks to Ms. Brown. He stated that the impression she has made on Yorkville is awesome. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into an Executive Session for the purpose of discussing: 1. Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or immin ent. 2. For the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including The Minutes of the Regular Meeting of the Citv Council — October 11, 2005 — na 10 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 the City Clerk, City Attorney and Attorney Michael Bersani be included in the session and he noted that no formal action would be taken after the session. So moved by Alderman James; seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes -8 Nays -0 Ohare -aye, Besco -aye, Burd -aye, James -aye, Leslie -aye, Munns -aye, Spears -aye, Wolfer -aye The City Council took a five minute break and entered into executive session at 8:38 p.m. The City Council returned to regular session at 9:10 p.m. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Wolfer; seconded by Alderman James. Motion approved by a viva voce vote. Meeting adjourned at 9:11 P.M. Minutes submitted by: U v ` Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois CITY COUNCIL MEETING October 11, 2005 V. PLEASE PRINT NAME: ADDRESS: ,� '(� /� . G- 4'�Li• 1,�� I /��,� r �� ����j.•�(�._ j��. �,� G'K- �'�GLv - f� `' � S� G� -- yl- '36 ScAi'- Sb? r (<- :L L _ y _ Z- q L)a sk tk)) & I SIGNIN CITY COUNCIL MEETING October 11, 2005 PLEASE PRINT NAME: ADDRESS: z)le SIGNIN IN �V6C• i III f ` _ - r�r,;.�.s -� ° T c - -��"� ��-� c.. �6,s. �v� Qy ®� ^d <ra ��'� �- c�;,,p Ewe c.•" � vn 4. �. ��-�- ���'- ` ` �. 1: - ° t ' "(• _'•� - L C �# 4 Fv O � � t � 4 ._ 6 4 E 4c y C E .- s v r� W �' 9 e Z � �. �r Cr_ ifF _', ":c � G� « @�itl'o F <F B�isi ® 4 �"„� 0 eriiarq 4�'�• pe,iis q �v4 yaiaii g `a*�E. grvi�ru ;���`�� t ruisrq L`�cs �� 6 m: er c��=�C[,` „ert .G ;m �a a e ie ¢me m' a ins , ®m w �c�,. ma o cue o..�t r��l•rc National Character Counts Week WHEREAS, the well -being of the Nation requires that the young people of the United States become involved, caring citizenry with good character; r WHEREAS, the character education of children has become more urgent as violence by and against��� „ 0 ; x '' Y increasin physical psychological 9 P P youth increasin I threatens the h sical and well -bein of the people of the United States ' WHEREAS, more than ever, children need strong and constructive guidance from their families and 1k��; their communities, including schools, youth organizations, religious institutions, and civic groups; WHEREAS, the character of a nation is only as strong as the character of its individual citizens;'t�� L WHEREAS, the pubic good is advanced when young people are taught the importance of good P 9 Y 9 p P 9 p 9 character and the positive effects that good character can have in personal relationships, in q"sb school, and in the workplace; WHEREAS, scholars and educators agree that people do not automatically develop good character �r therefore, conscientious efforts must be made by institutions and individuals that influence and that, youth to help young people develop the essential traits and characteristics that comprise good character; hI� WHEREAS, although character development is, first and foremost, an obligation of families, the efforts l €j;� of faith communities, schools, and youth, civic, and human service organizations also play an I '� �' tea , ��� - +important role in fostering and promoting good character, ; I. Vb�eG uv °ra'I I� ®s�u46 c�f 'WHEREAS, effective character education is based on core ethical values which form the foundation of democratic society; t t t h f l exam WHEREAS, es o character are trustworthiness respect, ect, res onsibili fairness, Garin °Q:�t�+; €`i dE P P P tY, 9 !, , citizenship, and honesty; WHEREAS, elements of character transcend cultural, religious, and socioeconomic differences; �� "�° WHEREAS, the character and conduct of our youth reflect the character and conduct of society and n9QYa� 4 1V C_❑ ` therefore every adult has the responsibility to teach and model ethical values and every social 1 4KRR institution has the responsibility to promote the development of good character; WHEREAS, the establishment of National Character Counts Week, during which individuals, families, 1 artq schools, youth organizations, religious institutions, civic groups, and other organizations would 1 focus on character education, would be of great benefit to the Nation; ',a�����Q' `f ! Jr., Mayor of the United City of Yorkville, do here NOW, THEREFORE, I, Arthur F. Prochaska, r., y Y Y ��t Pd proclaim October 16 through October 22, 2005, as Character Counts Week in the United City of Yorkville. I call upon public officials, educators, librarians, parents, students, and all Americans to embrace the elements of character identified by local schools and communities, such as trustworthiness, respect, responsibility, fairness, caring, and citizenship and to observe this week with ����•,!, appropriate ceremonies, activities, and i programs. . <(; �+ erd3YV i <b ng ', i r o�a6 ®P 41 l I i FE �a 7 IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of Octob 2005. �a�!`,�,E� ! � \fib � �i l�`rr�_'c?E'P�`�1 l•�''I Arthur F. Prochaska, Jr ory ” 66 �' •'�'•' , ��o.v B� Q. -v.a �/. ( =� - ':`.c c�//� •��.'v 'f�'q n%0i'e`.e Gt�,j ^ . • ��(j'G c`efL'�- '�c�: �'es ��'j , ��6:c`.e.C' ' pyf � ° ¢nq'JP ;� @��: F p. �tr c m.@ 4 u,oro,4 >E• ermu6 4 r c,cP drm c,e� �C - o.' Br ere u9P it•P, b � 4 BmreQmO d „ E ltroror ® � � Mme,e.�-rG •OnD ' i �� ®!c' ®QS 6 ie®. � . ®[a.'��- ` T��..�6 ®e:.•OC�`'G • - _G, � FG �.`_e��o�e- ®aam•e.. a•� ®��amG ®�erLC f 41F'�i �Fl �j �I SFd Ame!PdvPV� b� yNLwac <.e b�S�� • nv_L�G�.�m - .:.v1v6 ���ir� a /z —� i.v�gv6 ® ®v im vv� � ��I. �v %v6`���dPFF 9Ga � �� � I, ®� ®i, -ci:- mar >� � , �Il'� �� �'r��1.. - � � �v ® �m�• ®`,'���' ®ov � �• v- � � °�aw_m. �� ®�+ w �� �m�-v ®0 v_ ��. � c � `E.� -<< IL u+��t��Qicie grry •'�.'`' e�i�eii�� ®�' y , ciiela'a�b jleiii ®Q b plviael�b 60 ®ps �lela�� ® },viui0l�a'i101ea Q��+- gninie�@•�, g`r�r L� • v��P,� ' ft6• p �E 6Bp Odi tpp 9+a• y 4Bd� 6E0 6.. 0Ep G G TC.�r �.k� °a� � ° :����t�e�%�°�.�•:�� > . ����Iej��; �•. ��1a����' r; �:: o' ��! ����' a:e � ��, �?�����: �e d; ��?������ �. ���a�p�% ���•< �' �` foie ���rF�. ���. ��e���: ��•.�`��e���%��eG.���`<�G� %���y �� °1����� � ' .; ( I ere; r MAKE A DIFFERENCE DAY �' -e ,, a WHEREAS serious social problems concern our nation and threaten its �F�( future; and ;1' WHEREAS, connecting with others and working together through volunteer ' l• service can bridge the differences that separate people and help solve serious social problems; and rC�►Fa�m its °";'a',�; i YUca; WHEREAS, we, the American people, have a tradition of philanthropy and F`ul f(ct volunteerism; and WHEREAS, millions of self- sacrificing individuals touched and enhanced r the lives of millions on the ninth annual day of doing good by giving where there was a need, rebuilding what had been torn down, teaching where there was a desire to learn and inspiring those who had lost hope; and WHEREAS, the United City of Yorkville p romotes an annual national day of e ,, <, . tY p Y a1akF doing good that celebrates and strengthens the spirit of volunteer service; and '�'� i' 44 WHEREAS, volunteer service is an investment in the future we all must share NOW THEREFORE, I, Arthur F. Prochaska, Jr., Mayor, do hereby proclaim October 22, 2005, as Make A Difference Day in the United City of Yorkville, ando���E'��'�', i f' e m fellow citizens to observe this day b connecti with friends, fellow � urge Y Y Y 9 employees and relatives and with religious, school and civic groups to engage in W Z &qtt, projects benefiting their community. • tl ' �t Signed this 11th day of October, 2005. b 4( ( IF Arthur F. Prochaska, Jr., Y19yor !.`A k� s �,.c •�i;. ..0�.`� ®_ _. t:e`.e E'. .``:e °v �' • �':v`:;�"' L �'��'�`o �`„ €�;o`i L'.. ��•e. p .. - �.. .e -o _� ®_Y y.`ce rdt. ����tt.�+ e �„��p � -�� °.. �`�' 0 � ��v �P�9 G�,�`�a �'�' G rp . o� L � � , ` p e e o�A' @qQ ��, �/i P � r.. �� 0 F+ ��. -F ���0 _ @�� ° -• ��� @��: �jH ,8�� ��6�� � °''-° E �� Ree ���, pvo �, erob���F��e d�,b ��;d � � uvm �� jy eeu ��,� eru � eca � o ®a � e I 'c c.•.��,, f. "�i' -, • [ ��! � � :1.�1e r, (4�:C Br�ralel ©� � nln10 1c1G�< -- 'e,elu, clo � � plel elcle Y .�����lurs,olt bW�, trleeu, ®1G �, r� Oler ulo l2 ®, a traalolulN � � 8aoro, o,¢ ®, � plal e, e,G < r: Blcl� + r1� � - - >�.� u ar.r',� „� t ,i f CC��L�'c c��cri - ®a ®'m c; e - �s aee�a. �', � -�r3 . -: ®s. 4 ©�.�, E: �.6,. ®s e, a, ® ®� �ra��,s ep 's ere•o €_ �- t�e.Le m � cse,�. e- _ e _�- rrc, � f- ta�Q ' '�.vu°����asovt•a���s°so� t.��� a.4rc a : >�ao s _� vs_d ®om �vo-® ' �o. 6 eT,anm�da. A Va «_d�� <PVevv -�� - . � zc_�� �ree e,� �!3 �: . -1, , Gn��sr_.:>�� a:a -�- a� _�.' - �� �= m= �•_ s� - - � ° �°s.'�� - �r_1e. rzoGe- �._ -••�/ E �c aF k mR a ar 1 i i I i „'r''7hw 3P ?i1Y,7f lf'M' r `L C A I 7N X 0 A 3 � y �, United City of Yorkville City Clerk Jackie Milschewski 800 Game Farm Rd. Yorkville, IL 60560 Oct. 3 2005 Re: Downtown TIF This letter is written to notify you that I own two parcels of property located within the proposed TIF area — a residential property at 300 E. Hydraulic St., where I reside, and a one - quarter -acre vacant lot located between Barliant and the brick building that formerly was the city's power plant. These two parcels are located within a PUD zoned for multi- family housing. These parcels were bought in 1988 with the power plant property, and rezoned in 1996. Pursuant to a memorandum sent to me by attorney Kathleen Orr, I am aware that I should refrain from participating in any discussions or voting on anything relating to this TIF. I shall follow that recommendation. Sincerely, Valerie Burd Alderman, Ward 2 I DESK GUIDE Version Dated 10.11.2005 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: 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 eh assembly. " "A main motion can only be made when no other motion is pending. " Page 59 I l 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 the 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) "A motion to modify the wording —and within certain limits the meaning —of pending motion before the motion itself is acted upon." (pg 125) 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 (pg 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. " (pg 172) 5. Limit or Extend Debate (pg 61, and Section 15, pgs 183 -188) " One of two motions (the other being Previous Question) that can exercise special control over debate on a pending question or a series of questions: 1) limit number of speeches, 2) set an ending time." Requires a two- thirds vote [since it cuts off debate] Two - Thirds of 8 is 5.3, meaning that it takes six of eight votes. (5 of 7; 4 of 6; 4 of 5) (Pg 183) 6. Previous Question (pg 61, and Section 16 pgs 189 -200) "Motion to immediately close debate to take a vote on one or more pending questions One of two motions (the other being Limit or Extend Debate) that can exercise special control over debate on a pending question or a series of questions" Requires a two- thirds vote [since it cuts off debate] Two - Thirds of 8 is 5.3; meaning that it takes six of eight votes. (5 of 7; 4 of 6; 4 of 5) (Pg 189) 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 in preference to any new questions that may be competing with it for consideration. Brought back by a motion to "Take from the Table." (pg 20 1) 1 3. PRIVILEGED MOTIONS (5) General Description in Section 6 (pgs 64 -66), Detailed Description in Sections 18 — 22 (pgs 211 - 239). Page 64: Unlike Main and Subsidiary Motions, Privileged Motions do not relate to pending business, but have to do with special matters of immediate and overriding importance. 1. Orders of the Day 2. Raise a Question of Privilege 3. Recess 4. Adjourn S. Fix a Time to 91 ich to Adjourn Summaries found on pages 64 and 65 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 I i I I