City Council Minutes 2004 04-13-04 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. APRIL 13, 2004.
Mayor Prochaska called the meeting to order at 7:03 P.M and led the Council in the Pledge of
Allegiance.
ROLL CALL
�— Clerk Milschewski called the roll.
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Ward I James Present
Sticka Absent
Ward II Burd Present
Kot Present
Ward M Munns Present
Ohare Present
Ward IV Besco Present
Spears Present
Also present: City Clerk Milschewski, City Treasurer Powell, Administrator Graff City Attomey
Dan Kramer, 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 welcomed guests and asked those present to enter their name on the attendance
sheet provided.
AMENDMENTS TO THE AGENDA
Mayor Prochaska moved Citizen's Comments to before the Public Hearing. He also moved items
91 and #2 (presentations) from the Mayor's Report to immediately following Citizens Comments.
He noted that the Council would not be going into executive session this evening. Also, the
Tanglewood annexation and the Cornerstone PUD amendment under the Economic Development
Committee Report will be tabled.
COMMITTEE MEETING DATES
Public Works Committee 7:00 P.M., Monday, April 26, 2004
City of Yorkville Conference Room
800 Game Farm Road
Economic Development Committee 7:00 P.M., Monday, April 19, 2004
City of Yorkville Conference Room
800 Game Farm Road
Administration Committee 7:00 P.M., Thursday, May 13, 2004
City of Yorkville Conference Room
800 Game Farm Road
Public Safety Committee 6:30 P.M., Thursday, April 22, 2004
City of Yorkville Conference Room
800 Game Farm Road
Ad Hoc Technology Committee To Be Announced
CITIZEN COMMENTS
Greg Kraber, President of the Riverfront Festival Committee, presented Mayor Prochaska and
Executive Director of Parks & Recreation Laura Brown with a check in the amount of $12,000.00
to be used toward the new Riverfront Shelter. Both the Mayor and Ms. Brown thanked the
Committee for their donation which was raised by the proceeds of the last two festivals.
Mayor Prochaska noted that this year, due to construction on Hydraulic Avenue, the festival will
be held at the Beecher Center. He asked the Council if agreed with this location and they did.
The Minutes of the Regular Meeting of the Citv Council — Anri113. 2004 - nage 2
PRESENTATIONS
Saved By the Belt Award
Mayor Prochaska and Chief Martin presented Kassandra Doty with the "Saved by the Belt"
Award for making the life saving choice of wearing her seat belt. Her seat belt saved her from
serious or fatal injury during a recent automobile accident.
Police Officer Commendations
- Mayor Prochaska and Chief Martin presented Officer Jon Helland with a commendation
recognizing his work above and beyond the call of duty with regards to a bomb scare incident at
Yorkville High School. Due to his efforts, the offender was located and arrested-
Mayor Prochaska and Chief Martin presented Sgt. Terry Klingel with a commendation
recognizing his work above and beyond the call of duty during the initial response to an
emergency situation that resulted in a murder investigation. Sgt. Klingel remained calm at the
scene and apprehended the offender.
Mayor Prochaska noted that Sgt. Larry Hilt also received a commendation for the murder
investigation, however he is out of town and not able to attended the meeting in order to receive
the award.
PUBLIC HEARINGS
Proposed Fiscal Year 2004 -2005 Annual Budget
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing the
proposed Fiscal Year 2004 -2005 Annual Budget. So moved by Alderman James; seconded by
Alderman Kot.
Motion approved by a roll call vote. Ayes -7 Nays-0
Besco -aye, Burd -aye, James -aye, Kot -aye, Mums -aye, Ohare -aye, Spears -aye
Finance Director Traci Pleckham reported that the Council received a handout, Budget
Highlights, which includes revisions generated from the March 16, 2004 Committee of the Whole
meeting. She stated that the budget was published in the Record Newspaper and on display at
City Hall. She also stated that the City would begin receiving fiords based on the Special Census
beginning April 7, 2004.
Mayor Prochaska asked if there were any comments or questions from the public; there were
none.
Mayor Prochaska asked if there were any comments or questions from the City Council.
Alderman Kot commented that he was amazed that the municipal sale tax has almost doubled in
the last five years. Mayor Prochaska stated that hopefully the City will see this figure continue to
increase along with the increased Equalized Assessed Value (EAV).
There were no other comments or questions for the Council.
Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderwoman
Ohare; seconded by Alderman James.
Motion approved by a roll call vote. Ayes -7 Nays -0
Surd -aye, James -aye, Kot -aye, Munns -aye, Ohare-aye, Spears -aye, Besco -aye
CONSENT AGENDA
1. York Meadows Apartments — accept public utilities for ownership and maintenance
and reduce the letter of credit to 10% for the one-year warranty period
2. Water Department Report for January 2004
' 3. North Water Tower Easement - authorize the Mayor and City Clerk to execute
4. Grande Reserve Watermain Easement - authorize the Mayor and City Clerk to
execute
5. Police Reports — February 2004
6. Land Cash Value Analysis and Report — accept Thompson Appraisals
recommendation for fair market value of an improved acre of land at $73,500. 00 per
acre
7. RFP Technology Funding Recommendation — authorize Finance Director to execute
in an amount not to exceed $20,100.00. Amount of $16,798. 00 to be paid FY 03104,
balance of $3,302, 00 to be paid FY 04105, subject to approval of the FY 04105 budget
The Minutes of the Regular Meeting of the Citv Council — Anri113.2004 - page 3
8. Riverfront Shelter Bid Summary — award purchase and installation to Green -Up
Landscaping in an amount not to exceed $44,150.00 and award installation to Mark
O Malley in an amount not to exceed $7,850. 00
9. Country Hills Park Bid Summary — award construction and installation to Red
Construction in an amount not to exceed $102,880. 00 and award installation of the
park lights and park sign to be completed by the Park Staff in an amount not to
exceed $7,400.00 and accept the scope ofservice and authorize Schoppe Design to
oversee the general contractor in an amount not to exceed $5, 000.00
10. Corneils Road Overlay — approve estimated amount of $15, 000.00 subject to
approval of the FY 04105 Budget
11. Truck Purchase for Public Works — approve purchase of cab and chassis from Joe
Hennessy's River Oaks Ford in an amount not to exceed $22,330.00 and approve
purchase of dump body, lights and plow from Monroe Truck Equipment in an amount
not to exceed $10,633. 00
12. Cannonball Trail Booster Station and South PRV Station — award to L.J. Dodd
Construction in an amount not to exceed $511,255.75
13. Weather Warning Siren - Located at Bruell Lift Station — approve in an amount not
to exceed $14,500. 00
Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved
by Alderwoman Spears; seconded by Alderwoman Ohare.
Motion approved by a roll call vote. Ayes -7 Nays-0
Burd -aye, James -aye, Kot -aye, Muni -aye, Ohare -aye, Spears -aye, Besco -aye
PLANNING COMMISSIONMONING BOARD OF APPEAL
No report.
MINUTES FOR APPROVAL
A motion was made by Alderwoman Spears to approve the minutes of the Committee of the
Whole meetings from July 1, 2003, July 17, 2003 and August 19, 2003; seconded by Alderman
James.
Motion approved by a viva voce vote.
BILLS FOR APPROVAL
A motion was made by Alderwoman Spears to approve the paying of the bills listed on the
Detailed Board Report dated April 1, 2004 totaling the following amounts: checks in the amount
of $662,467.84 (vendor); $122,413.92 (payroll period ending 3/20/04) for atotal of $784,881.76;
seconded by Alderman Muni.
Alderwoman Spears questioned the date on the payroll summary which states that the invoices
are from the April 13, 2004 Board Report. She asked if this was a typographical error. Mrs.
Pleckham explained that it was not an error but that the invoices are dated the day of the City
Council meeting because that is the day they are approved.
Motion approved by a roll call vote. Ayes -7 Nays-0
Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye
REPORTS
MAYOR'S REPORT
Confidential Voluntary Disclosure Agreement Between Ameritech
Advanced Data Services of Illinois, Inc. and the United City of Yorkville
Mayor Prochaska reported that Ameritech preformed an internal audit and discovered that they
owe the United City of Yorkville fees that they collected. Ameritech is asking the City to
approve this agreement which discloses their liabilities. Upon the City's acceptance of the
agreement, it will receive about $1,700.00 in fees and interest. If the agreement is passed this
evening, Ameritech will pay an additional two months of interest.
Mayor Prochaska entertained a motion to approve the Confidential Voluntary Disclosure
Agreement between Ameritech Advanced Data Services of Illinois, Inc. and the United City of
Yorkville and authorize the Mayor and City CIerk to sign the agreement. So moved by Alderman
Kot; seconded by Alderman James.
Motion approved by a roll call vote. Ayes -7 Nays -0
Spears -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye
Coffee with the Mayor
Mayor Prochaska reported that the next Coffee with the Mayor will be held on Saturday, April
15, 2004 at the AMG Homes model at Kylyn's Ridge from 9:00 A.M. to 11:00 A.M.
The Minutes of the Regular Meeting of the Citv Council — April 13. 2004 - nage 4
"Champions of Industry 300 Award" -
Top 50 Communities to Live and Work In Nationwide
Mayor Prochaska reported that the City has been selected as a Champions of Industry for 2004 by
Pat Summerall Productions as one of the fifty best small towns to live and work. Yorkville
qualifies for the award by being a growing community under a population of 10,000.
Mayor Prochaska stated that there is an agreement that is required The City will get some
promotional benefits from the award such a two - minute spot on CNN and a five - minute trailer on
CNN's website which can also be used on the City's websites however the City has to pay
$28,000.00 toward the production cost. Mayor Prochaska stated that he did not feel tax dollars
should be used to pay for this. Instead, the City is asking for sponsors to help cover the
production cost.
Mayor Prochaska entertained a motion to ratify the agreement between the United City of
Yorkville and Pat Summerall Productions contingent upon the $28,000.00 fee be paid through
corporate sponsorships. So moved by Alderman James; seconded by Alderman Kot.
Mayor Prochaska stated that this is a great marketing opportunity for the City however he
reiterated that tax dollars should not be used for this.
Alderwoman Spears noted that the Administration Committee agreed that taxpayer's dollars
should not be used toward the production costs. She asked if the City received written
verification stating that the trailer could be placed on the City's website and Mayor Prochaska
stated that the wording of the agreement has been changed to address this.
Motion approved by a roll call vote. Ayes -7 Nays-0
Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye
ATTORNEY'S REPORT
No report.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
No report.
CITY ADMIMSTATOR'S REPORT
Administrator Graff reported that the Bruell Street Pump Station Project has begun on West Main
Street today. The piping will take approximately 45 days after which Main Street will be patched
until the street program begins. At that time the street will be reconstructed.
FINANCE DIRECTOR'S REPORT
Director Pleckham reported that she and Lynn Dubajic, the Director ofthe Yorkville Economic
Development Corporation, were coordinating a meeting on April 28, 2004 for developers to
provide them with information on Special Service Areas (SSA). There will be two sessions that
day and Peter Raphael with William Blair & Co. will be speaking. Mayor Prochaska stated that
the session should be very informative and it is a good start to this type of program.
DIRECTOR OF PUBLIC WORKS REPORT
Hydrant Flushing
Director Dhuse reported that the Public Works Department would be flushing hydrants beginning
on the north side of the river this week and the south side next week. Hydrants will be flushed
Monday through Friday and possibly Saturday.
White Goods Pick -up
Alderman James noted that there will be a white goods pick up next week with the regular
garbage pick -up.
CHIEF OF POLICE REPORT
Chief Martin had no report.
Mayor Prochaska noted that he received an anonymous letter regarding a dog runnin loose in
Countryside. He asked if the Police Department had ever received a call regarding this. Chief
Martin stated that he also received a copy of the letter. Mayor Prochaska reminded the staff that
The Minutes of the Regular Meeting of the Citv Council — April 13, 2004 - va eg_5
the City does not take anonymous letters; a name is needed so that when the problem is resolved,
the complainant can be notified. Also, he noted that in the case of a dog being loose, the police
need to notified when the dog is seen roaming. Chief Martin agreed that in order to get an
immediate response, the police need to be contacted when residents see stray dogs.
EXECUTIVE DIRECTOR OF PARKS & RECREATION REPORT
Gilbert Park
Director Brown reported that the City is the new owner of a parcel of park land on the comer of
Washington and Adrian Streets. The new parcel is called Gilbert Park and there will be a town
meeting on Monday, April 26, 2004 at 6:30 P.M. where two development options for the park
will be presented and public comments will be taken.
Golf Outing
Director Brown reminded the Council that the City Golf Outing was being held May 7, 2004 and
there were only two foursomes open.
Volunteer Appreciation Day
Director Brown noted that Volunteer Appreciation Day is May 1, 2004 at Riverfront Park. She
stated that anyone who volunteers in the community is invited to attend. Mayor Prochaska
emphasized that this is not only for City volunteers but is open to any one who volunteers with
such things as youth and senior organization, PTO, etc.
COMMUNITY & LIAISON REPORT
Tourism Funding
Alderwoman Burd reminded the Council that there is a legislative meeting on April 21, 2004 in
Springfield, Illinois. She stated that the Aurora Area Convention and Visitors Bureau (AACVB)
is fighting to have funds put back in the budget for tourism. They would appreciate anyone in
support of this joining them in attending the meeting. Mayor Prochaska asked if the Council
would be interested in approving a resolution of support for this cause. He explained that
revenues from the hotel/motel tax which were to be dedicated for tourism are now being placed in
the general fund. It was the consensus of the Council to approve a resolution. Mayor Prochaska
stated he would have one available for their review.
Library Board
Mayor Prochaska stated that he attended the Library Board meeting and he reported that the
Board is looking to come to the City Council to request that the City consider placing the
question of a referendum for the Library on the ballot. They will be making a presentation at the
April 20, 2004 Committee of the Whole meeting.
COM iLt i 1 L-: REPORTS
PUBLIC WORKS COMMITTEE REPORT
Hydraulic Avenue Interceptor: Agreements with Illinois RailNet, Inc.:
Pipeline Crossing Agreement — Crossing at 2557 feet East of Milepost 50
Pipeline Crossing Agreement — Crossing at 2892 feet East of Milepost 50
Pipeline Longitudinal Agreement - Beginning at 525 feet East of Milepost 50 &
ending 2877 feet East of Milepost 50 for a total on 2352 feet
A motion was made by Alderman Besco to approve the Pipeline Crossing Agreements with
Illinois RailNet as presented for the Hydraulic Avenue Sanitary Sewer Interceptor project and
authorize the Mayor and City Clerk to execute the agreements upon a final title legal approval by
the City Attorney; seconded by Alderman Kot.
Motion approved by a roll call vote. Ayes -7 Nays -0
Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye
ECONOMIC DEVELOPMENT COMMITTEE REPORT
Ordinance 2004 -19 Authorizing Zoning Variance for 104 W. Somonauk
A motion was made by Alderwoman Burd to approve an ordinance approving variances for 104
W. Somonauk Street; seconded by Alderman James.
Alderman Besco asked if the motion should be more specific. Attorney Kramer stated that the
Council is approving two variances. The first is a variance to the minim lot size; from 12,000
square feet to 7,654.7 square feet. The second is a variance to the minim lot width at the
building setback line; from a minim of 80 feet to 79.37 feet.
Alderman Kot asked if there were any objections made at the public hearing and Attorney
Kramer stated there were no objections and one neighbor spoke out in favor of the variances.
Alderman Kot asked what the distance was for the notice and Attorney Kramer stated that notices
The Minutes of the Regular Meeting of the Citv Council — April 13. 2004 - va eg_6
were sent to those within 250 feet of the lot. Mayor Prochaska stated that the lot will be
consistent with those in the neighborhood.
Motion approved by a roll call vote. Ayes -7 Nays-0
Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Besco -aye
Tanglewood Trail 1 'h Mile Review
A motion was made by Alderwoman Burd to approve the recommendation to Kendall County for
Tanglewood Trail Subdivision to follow United City of Yorkville Estate Class One - Family
Residence District; seconded by Alderman Besco.
Mayor Prochaska asked that since the annexation is not being addressed tonight, should the
motion be subject to an annexation agreement being signed and Attorney Kramer stated that yes
that should be included in the motion.
Alderman Besco withdrew his second.
Alderwoman Burd amended the motion to state that it is subject to an annexation agreement
being executed between the United City of Yorkville and Tanglewood Trail Subdivision;
seconded by Alderwoman Ohare.
Motion approved by a roll call vote. Ayes -7 Nays-0
James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Besco -aye, Burd -aye
Attorney Kramer noted that a letter will be sent to the County.
Authorizing the Execution of the Annexation Agreement & Annexing Properties
Tanglewood Development Corporation
Mayor Prochaska entertained a motion to table the ordinance annexing the Tanglewood
Subdivision until the April 27, 2004 City Council meeting. So moved by Alderman Besco;
seconded by Alderman Kot.
Motion approved by a roll call vote. Ayes -7 Nays -0
Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Besco -aye, Burd -aye, James -aye
Cornerstone PUD Amendment
A motion was made by Alderwoman Burd to table the ordinance authorizing execution of the
Cornerstone PUD Amendment Agreement until the April 27, 2004 City Council meting;
seconded by Alderwoman Ohare.
Motion approved by a roll call vote. Ayes -7 Nays -0
Munns -aye, Ohare -aye, Spears -aye, Besco -aye, Burd -aye, James -aye, Kot -aye
Resolution 2004 -09 Approving Grande Reserve Units 1, 2,3,4, & 6��_
Final Plats
A motion was made by Alderwoman Burd to approve the resolution approving Final Plat of
subdivision for Grande Reserve Subdivision Units 1, 2, 3, 4, and 6 final plats as recommended by
the Plan Commission and City Engineer and authorize the Mayor and City Clerk to execute the
plats; seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes -7 Nays -0
Ohare -aye, Spears -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
No report.
ADDITIONAL BUSINESS
School Site Study
Administrator Graff noted that City Planner Mike Schoppe would be presenting the School Site
Study at the Plan Commission meeting on April 14, 2004. He stated that the School Board, Park
Board, Bristol - Kendall Fire District and School District have been invited to attend. Mayor
Prochaska stated that it would be a good think for the City Council to be a part of since all the
other City boards have been invited. He asked that if council members were available they attend
the meeting.
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The Minutes of the Regular Meeting of the Citv Council — ADril 13.2004 - Dage 7
St. Charles Youth Home
Mayor Prochaska reported that he received an email regarding the St. Charles Youth Home being
closed. He noted that the email stated that sending the children further away will affect the
rehabilitation programs in which the children and their families participate and it will also place a
burden on other facilities. He asked Chief Martin how this would affect the United City of
Yorkville.
Chief Martin agreed that the closing will place a burden on the family members who visit the
children as they will be placed 'mother facilities. Also there will be a burden placed on the Police
Department who transports the juveniles to the facility. He stated that he personally felt that the
facility should remain open.
Attorney Kramer stated that as children are going through the judicial process, there is a Kane
County youth home that is used. He also noted that about 95% of the children convicted in
Kendall County do not go to the St. Charles facility but rather private care facilities.
Mayor Prochaska asked that the state officials take a closer look at the facility and keep it open.
He stated that he supports the rehabilitation of youth in order to have them grow into responsible
adults and become valuable members of the community.
Alderman Besco also noted the economic impact on the community because there are several
employees of the facility that live in Yorkville.
There was no further additional business.
ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Besco; seconded by
Alderman Kot.
Motion approved by a viva voce vote.
Meeting adjourned at 7:55 P.M.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville, Illinois
CITY COUNCIL MEETING
APRIL B, 2004
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