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City Council Minutes 2005 01-25-05 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. JANUARY 25.2005. Mayor Prochaska called the meeting to order at 7:00 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Sticka Present Ward II Burd Present Kot Present Ward III Ohare Present Munns Present (arrived 7:18) Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Administrator Graff, City Attorney Wyeth, Police Chief Martin, Director of Public Works Dhuse and Finance Director Pleckham. 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 None. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M., Monday, February 28, 2005 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Thursday, February 17, 2005 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M., Thursday, February 3, 2005 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M., Monday, February 10, 2005 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee To be Announced PUBLIC HEARINGS None. _ CITIZEN COMMENTS None. PRESENTATIONS O'Malley Welding & Employees for the Riverfront Shelter Mayor Prochaska read a letter of appreciation sent to Mark O'Malley of O'Malley Welding and Fabricating, Inc. for the construction of the Riverfront Park Shelter (see attached). He presented Mr. O'Malley and his family and employees with a plaque from the United City of Yorkville Park & Recreation Department in recognition of their resources, commitment and dedication to the construction of the shelter. Mr. O'Malley asked to recognize Ted Bonifas, Mark Toss and Jack Toss who also helped with the shelter but were unable to attend tonight's meeting. The Minutes of the Regular Meeting of the Citv Council — January 25, 2005 - vaae 2 Commendation for Officer Jeff Ackland Mayor Prochaska and Chief Martin presented Officer Ackland with a commendation for performance above and beyond the call of duty during the investigation and testimony of a criminal sexual assault involving a juvenile victim. His diligence in the investigation along with his testimony in court gave the State's Attorney a solid case which led to the offender being found guilty of the charge of predatory sexual assault on a child. Certificate of Achievements for Officer Robbie Hart Mayor Prochaska and Chief Martin presented Officer Hart with a certificate of achievement for his enforcement of driving under the influence. Officer Hart made three DUI arrests in a two day period in December 2004. Officer Hart was also presented a certificate of achievement for receiving his DARE officer training at the Missouri State Highway Patrol Law Enforcement Academy on November 7, 2004. Officer Hart graduated as the best student of the class. CONSENT AGENDA 1. Monthly Treasurer's Report for April 2004 2. In Town Road Program — Phase 2 Utility and Roadway Improvements — authorize contract with Smith Engineering Consultants, Inc. for the design of replacement watermains on the dead ends of Fox and Washington Streets, as well as the watermain on Heustis between Hydraulic and Fox Streets in an amount not to exceed 8215,210.00 and authorize the City Engineer to execute 3. Director of Public Works Salary Survey — to approve the new salary range, $62,972.00 to $82,204.00 4. Resolution 2005 -04 - Amending Tuition Reimbursement - authorize the Mayor and City Clerk to execute 5. Resolution 2005 -05 — Approving Disposal of City property Policy - authorize the Mayor and City Clerk to execute Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Sticka; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes -7 Nays -0 Burd -aye, James -aye, Kot -aye, Spears -aye, Sticka -aye, Ohare -aye, Besco -aye PLANNING COMMISSION /ZONING BOARD OF APPEAL Alderman Sticka reported that there were four Public Hearings at the last Plan Commission meeting. They were: • Stewart Farms — There were comment from Block Farms regarding the access to their farmland off Ashley Road rather than Route 126. Other comments were from a horse and dog operation that will be surrounded by the development; they asked for buffering which the Plan Commission agreed with. • McVickers - The property on the northwest corner of Cannonball Trail and Route 47. The petitioner withdrew the request for a special use for a gas station however they asked for variances on setbacks. Several neighbors objected and the Plan Commission agreed to the objections. • Centex — The property consists of 624 acres east of Route 47, west of the Northgate development and mostly south of Galena, with 40 acres north of Galena. The only public comment was a question regarding a property owners association. The Plan Commission comments were favorable with a few objections to the higher density areas. • River Oaks — This hearing was for office use on Van Emmon. Comments were favorable from both the public and the Commission. During the regular portion of the meeting, the following was discussed and/or voted on: • Stewart Farms — voted 9 -0 in favor of the annexation with the comment to take the public comments seriously. They also votes 9 -0 in favor of the zoning with the comment to include design guidelines of the new Comprehensive Plan. • McVickers — voted 9 -0 against the PUD stating that any plan presented must conform to the Annexation Agreement which calls for 30 foot setback buffers. • Centex — voted 9 -0 in favor of annexation and 7 -2 in favor of zoning. • River Oaks — voted 9 -0 in favor of rezoning subject to a development agreement. • Wynstone Townhomes Concept Preliminary Plan — The townhomes will be located east of Route 47 and west of the Fox Highlands townhomes. There was some public comment objecting to the use of Walnut Drive for access. The developer was agreeable to making that an emergency entrance only. There were also some concerns regarding the use of the private roads in Fox Highlands for access. The Minutes of the Regular Meeting of the Citv Council — January 25. 2005 — Aage 3 • Caledonia Final Plat — Approved by a 9 -0 vote. • Grande Reserve Preliminary and Final Plat for Units 10 and 11 —Approved by a 9 -0 vote. • Swanson Lane Estates — Located along Blackberry Creek and south of Blackberry North subdivision. Approved by a 9 -0 vote. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council meeting from December 14, 2004 and the Committee of the Whole meeting from December 16, 2003; seconded by Alderman Sticka. Alderman Spears noted a correction on page three of the Committee of the Whole minutes. The word "state" is incorrectly used in the third sentence and should be changed to "county ". Alderman Ohare noted a correction also on page three, third paragraph from the bottom. The word "sever" should be "severe". She also questioned the second sentence in the paragraph regarding Eldamain Road on page 4 which referred to funding being "locked ". Mayor Prochaska stated that this is the proper terminology and was a statement someone made. She questioned the notation on the top of page seven stating that there was no indication as to the type of fagade chosen as there was a pause in the tape. She asked if there was anyway to get any information on this. Mayor Prochaska stated that the information could be obtained but he did not know if it pertained to these minutes. Alderman James and Clerk Milschewski noted that the person transcribing the minutes only had the tape to refer to when typing the minutes. Mayor Prochaska asked for approval of the minutes as corrected. 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 January 14, 2005 totaling the following amounts: checks in the amount of $1,008,621.86 (vendors); $153,980.60 (payroll period ending 12/25/04) for a total of $1,162,602.46; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -6 Nays -1 Besco-aye, Burd -aye, James -aye, Kot -aye, Ohare -aye, Spears -nay, Sticka -aye REPORTS MAYOR'S REPORT OSLAD Bike Path Grant Application Request for Grande Reserve Mayor Prochaska reported that Executive Director of Parks & Recreation Laura Brown asked the Council for approval to apply for an OSLAD grant for about four miles of bike trails in the Grande Reserve development. This is a matching grant and the funds will be from the Grande Reserve development. He reported that it was the consensus of the Council at the Committee of the Whole meeting for Ms. Brown to proceed with the application. If the grant is awarded, the acceptance of it will come before the Council for a vote. 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 Director Pleckham reported that City Treasurer William Powell has asked her to investigate rates for CDs to see if there is a better way to put the City's funds to use. She stated that she will have proposals by Friday, January 28, 2005. The Minutes of the ReLyular Meeting of the Citv Council — January 25. 2005 - page 4 DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse thanked the Police Department for their help with getting cars off the street for snow removal on January 22 °d and 23 2005. CHIEF OF POLICE REPORT School Traffic Control Chief Martin stated that a concerned citizen contacted him regarding having an officer at Route 47 and Somonauk directing traffic for the schools. He stated that this has been done in the past however it created more problems with traffic backing up on Somonauk. This officer has now been assigned to directing traffic on Route 126 and the Yorkville Intermediate School. Officer Promoted He also reported that on January 25, 2005, the Fire & Police Commission approved the promotion of Dave Delaney to the position of sergeant affective April 1, 2005. EXECUTIVE DIRECTOR OF PARKS & RECREATION REPORT No report. COMMUNITY & LIAISON REPORT Alderman Ohare reported that she attended the School Board meeting on January 24, 2005 where the highlight of the meeting was the discussion of the upcoming referendum; there is a committee working on how to introduce it to the public. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2005 -08 Gospel Assembly Church Annexation Agreement A motion was made by Alderman Sticka to approve an Annexation Agreement between the United City of Yorkville and the Gospel Assembly Church and an Ordinance authorizing the execution of the Annexation Agreement with the Gospel Assembly Church; seconded by Alderman James. Motion approved by a roll call vote. Ayes -9 Nays -0 James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye Sticka -aye, Besco -aye, Burd -aye, Prochaska -aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Ordinance 2005 -09 Countryside Center TIF — Alternate Revenue Bonds A motion was made by Alderman James to approve an Ordinance authorizing the issuance of General Obligation (Alternate Revenue Source) bonds, in an aggregate principal amount not to exceed $4,000,000.00, for the purpose of defraying the costs of a redevelopment project in and for the United City of Yorkville, Kendall County, Illinois and authorize the Mayor and City Clerk to execute all documents; seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes -8 Nays -0 Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka -aye, Besco -aye, Burd -aye, James -aye Resolution 2005 -06 Wearing Apparel Policy A motion was made by Alderman James to approve a Resolution approving a Wearing Apparel Policy as presented; seconded by Alderman Sticka. Alderman Munns questioned if the policy allowed $60.00 /person for wearing apparel and if it specified what type of apparel. Mayor Prochaska stated that it was $60.00 /person and the policy does not require a specific item of wearing apparel but it has to have the United City of Yorkville logo on it. Alderman Munns asked if the items could be of any color and Mayor Prochaska stated that color was not specified. Alderman Munns stated that he felt it would be better if the City bought the same thing for all the employees; same color, same style, same logo, etc. Alderman Burd noted that Alderman Besco made the same suggestion at the Committee of the Whole meeting. Alderman Munns also questioned if the amount was an annual or onetime expense and Alderman James explained it was an annual expense. The Minutes of the Regular Meeting of the Citv Council — January 25. 2005 — mme 5 Alderman Sticka stated that he did not want to be the "fashion police" and Alderman Kot agreed. Alderman Sticka stated that the purchase of wearing apparel was a "pat on the back" for the employees. He stated that he felt that the purchase of the shirt is in the spirit of team building. He explained that it was a reimbursement policy for approximately twelve employees on the administration staff. Alderman Munns asked if it was suggested that shirts be purchased to be given out at the upcoming Appreciation Dinner. Alderman Sticka commented that this would be buying shirts for all employees not just the twelve affected by the policy. Alderman Munns stated he supported employees wearing the same shirts and team building however he felt the employees should purchase their own shirts. Administrator Graff asked for clarification from the City Attorney. Administrator Graff stated that he interpreted the policy to indicate that purchases have to be approved by a department head. Attorney Wyeth agreed. Alderman James stated that authorization has to be approved before the purchase is made. There was discussion regarding the original reason for the establishment of the wearing apparel fund; it was established for the elected officials not employees. Alderman Spears stated she received telephone calls from residents who stated they were not pleased with the City supplying clothing to the staff. Mayor Prochaska and Alderman Sticka both noted that they had not received any such calls. Mayor Prochaska stated that he would have liked the policy to require that the apparel be worn to work however this cannot be done. He explained that a statement could be added to the policy that strongly encourages the apparel be worn to work. He distributed a revised copy of the Wearing Apparel Policy to the City Council with this statement added. He stated that the motion could be amended to approve the policy as revised. Alderman Spears asked Attorney Wyeth if this was typical to get a revised policy during a debate over it Attorney Wyeth stated that it was appropriate. There was further discussion on the uniformity of the apparel purchased. Mayor Prochaska noted that the Police Department office employees have a choice of colors for their apparel. Chief Martin explained that he worked with his employees regarding the colors chosen and made the decision which ones would be used. Alderman Sticka stated he would support the uniformity of the apparel if it would get the resolution passed. Alderman Kot stated that having the employees wear the same color was not his first preference however he agreed with Alderman Sticka. Alderman James also agreed. Alderman Munns suggested that the employees decide on the style and color. Alderman Ohare asked if the motion should be amended and Alderman Sticka stated that it should to indicate that the apparel must be the same for all employees covered by the policy. Alderman Sticka withdrew his second and Alderman James withdrew the motion A motion was made by Alderman James to approve a Resolution approving a Wearing Apparel Policy with the amended comment that the staff will select one style and that they are encouraged to wear it at work and at City functions; seconded by Alderman Sticka. Alderman Munns asked if this will be an annual policy and Mayor Prochaska stated it would. Alderman James stated that the policy can be changed or deleted as needed and the purchases will be approved by the department head. Alderman Ohare noted that the policy was also subject to the budget. Alderman Spears asked if employees who already have shirts will be allowed to purchase new ones and Mayor Prochaska clarified that employees can get new shirts once a year. Motion approved by a roll call vote. Ayes -5 Nays -3 Munns -aye, Ohare -aye, Spears -nay, Sticka -aye, Besco-nay, Burd -nay, James -aye, Kot -aye ADDITIONAL BUSINESS Route 126 Speed Limit Alderman Sticka noted that when driving toward Route 47 on Route 126 there is a school zone speed limit sign and then several feet further there is a sign indicating the speed limit is 40 MPH. He stated that he felt this was contradictory. He asked Chief Martin if the Illinois Department of Transportation could be contacted regarding the relocation of the regular speed limit sign Chief Martin explained the reason for the two speed limits; one is for times when children are present. He indicated that Director Dhuse will contact IDOT regarding this. The Minutes of the Regular Meeting of the City Council — January 25, 2015 — page 6 Kylyn's Crossing Alderman Ohare reported that last summer she started receiving telephone calls from Kylyn's Crossing residents regarding the items that the builder had left unfinished. She was assured that things were being worked on however she recently received two additional calls with the same concerns. Mayor Prochaska stated that he spoke with City Engineer Joe Wywrot who is going over the builders punch list and is applying costs to the unfinished work. He explained that the builder has a Letter of Credit and he is trying to verify if the City can draw on the Letter of Credit to get things completed. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into Executive Session for the purpose of 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; and for 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 imminent. He asked that the City Clerk, City Administrator; Finance Director and City Attorney be included in the session. So moved by Alderman James; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -8 Nays-0 Ohare -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye Mayor Prochaska stated that action may be taken after the session. The Council took a ten minute break. The Council entered into executive session at 7:45 P.M. The Council returned to regular session at 8:06 P.M. Mayor Prochaska entertained a motion to approve the application received by the Finance Director for Section 7.9 — Unpaid Discretionary Leave for the medical condition stated in the request. So moved by Alderman Sticka; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -8 Nays -0 Ohare -aye, Spears -aye, Sticka -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Sticka; seconded by Alderman Ohare. Motion approved by a viva voce vote. Meeting adjourned at 8:07 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois CITY COUNCIL MEETING January 25, 2005 PLEASE PRINT NAME: ADDRESS: 16roiks L i i SIGNIN i "® C,T g United City of Yorkville J •n 800 Game Farm Road Yorkville, Illinois 60560 EST. 1936 Telephone: 630 -553 -4350 ® EM Fax: 630 -553 -7575 <LE January 10, 2005 Mark O'Malley O'Malley Welding and Fabricating, Inc. 1209 Badger Street Yorkville, IL 60560 RE: LETTER OF APPRECIATION The commitment to enrich and provide leadership are two of the integral elements of the United City of Yorkville's values and guiding principles in providing service to the residents. Mark O'Malley and O'Malley Welding and Fabricating, Inc. has shown continuous dedication to the United City of Yorkville and the residents by going above and beyond volunteerism and community support As is often the case with community leaders, they are reluctant to draw attention to themselves. On behalf of the residents of the United City of Yorkville, this letter of appreciation recognizes Mark O'Malley and O'Malley Welding and Fabricating, Inc. for their support and dedication to the United City of Yorkville Parks Department with the construction of the River&ont Park Shelter. Mark O'Malley was unselfish in his resources, commitment and dedication to the construction of the Riverfront Park Shelter. Utilizing expertise and talent Mark and his staff dedicated weekends to constructing the new riverfront park shelter. This project has allowed the City Parks Department to enhance, beautify and improve the overall appearance of the City's Riverfront Park. Mark O'Malley and O'Malley Welding and Fabricating, Inc. are in keeping with the highest tradition of dedication, service and pursuit of excellence in serving the residents of the United City of Yorkville. Mark O'Malley and O'Malley Welding and Fabricating, Inc. has demonstrated to their community the most valuable gift you can give another, "to be a good example to family, friends, neighbors and the community" We are fortunate to have such a dedicated person and business representing our area. Once again, your i dedication has shown through! Regards, Y Arthur F. Prochaska, Jr. Chris Rollins Mayor Park Board President United City of Yorkville United City of Yorkville Park and Recreation Department United City of Yorkville Er. 1836 wearing Apparel Policy — REVISED 1/25/2005 C o - LE 1) It is the desire of the United City of Yorkville that staff and elected officials show pride in the City through wearing apparel with the United City of Yorkville logo prominently displayed. 2) Each year the United City of Yorkville will authorize the reimbursement of up to $60, per permanent employee or elected official, as approved by the Department Head or Elected Official. 3) A United City of Yorkville logo and/or name must be prominently displayed on wearing j apparel purchased through the United City of Yorkville. 4) This policy corresponds to personnel in the administration department and elected officials, based on available funds within the fiscal year budget. Other departments will refer to their own uniform policy. Employees that purchase wearing apparel through this policy are strongly encouraized to wear the articles during work hours and at work- related activities. I I i I I�