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City Council Minutes 2004 05-11-04 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, MAY 11, 2004. 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 Sticka Present Ward II Burd Present Kot Present Ward III Munns Present Ohare Absent Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, Administrator Graff, City Attorney Kelly 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 Alderwoman Spears asked that item # 11, Ordinance Banning Depositing of Snow in the Street, be removed from the Consent Agenda and be placed on the regular agenda under the Public Works Committee Report. Mayor Prochaska added the presentation of a commendation to Police Sergeant Hilt to the Mayor's Report. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M., Monday, May 24, 2004 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Thursday, May 20, 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, May 27, 2004 City of Yorkville Conference Room 800 Game Farm Road _ Ad Hoc Technology Committee To Be Announced PUBLIC HEARINGS Fox Hill Special Service Area Number 2004 -201 Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Fox Hill Special Service Area Number 2004 -201. So moved by Alderman Sticka; 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, Spears -aye, Sticka -aye The Minutes of the Regular Meeting of the Citv Council — Mav 11, 2004 - nab Attorney Kelly Kramer explained that last summer the residents of Fox Hill met and voted against enacting a Homeowner's Association (HOA). Based on the Annexation and Planned Unit Development Agreement, anytime an HOA is not established or becomes inoperable, the City has the right to enact an SSA for the maintenance of the common area, open space, monuments, etc. The City is required to conduct a public hearing to explain the basis and amount of the tax. Affected residents, based on tax records, were notified by certified mail of the public hearing and a notice of the hearing was published in the Kendall County Record Newspaper for three weeks. Once the public hearing is closed, residents have 60 days to object to the SSA. If 51 % of the affected residents file objections, the City will have to tax them in a different way. If there are no objections, an ordinance will be proposed establishing the SSA area and levying the tax. Director of Public Works Eric Dhuse explained that there are 5.29 acres in Fox Hill that needs to be maintained. He stated that he called local contractors for estimates and with this information he created a worksheet consisting of maintenance costs such as mowing, mulching, and trail snow removal. Based on this the yearly cost per unit was determined to be $283.46. The floor was opened to public comment and questions. Rob Cartee, 1404 John Street, asked if beatification included any plantings at the entrance of Sycamore Street. Mr. Dhuse stated that beatification included annuals, perennial and shrubs and he clarified that the Sycamore Street was not included in the SSA area. Mr. Cartee asked if the City was going to do a walk through before taking over the area. Mayor Prochaska stated that he spoke with the City Engineer and final inspections have not been done on Fox Hill Unit 4. Mr. Cartee also asked if it is determined the services can be done for less, will the amount of the SSA be less. Mayor Prochaska stated that any time a levy is done; it has to be related back to an established budget. Attorney Kramer stated that she verified with Kendall County that a flat levy based on cost and the number of homeowners was acceptable. Mayor Prochaska stated that if the SSA amount was to increase, another public hearing would be needed Mr. Cartee asked how old the trail was and Mr. Dhuse stated the trail is nine years old in some spots near Cypress Lane and Cottonwood Trail. Mr. Cartee asked when the City would take over the common areas and Mayor Prochaska stated that the City has sixty days from the hearing before the Council could vote on it. Until then, the developer Paul Dresden is still responsible. Dorothy McBride, 1212 Evergreen Lane, asked what activities are allowed on the trail system. Mr. Dhuse stated that no motorized vehicles are allowed on the trails and Mayor Prochaska noted that all the developments covenants applied to the trail are still in effect as the City will not own the property. Attorney Kramer stated that it is not the responsibility of the City to enforce the covenants of the development; because there is no HOA it will be the responsibility of the individual homeowners on a case by case basis. She suggested that residents may want to form a neighborhood watch to monitor the use of the trails and if there is misuse the Police Department be contacted. Ms. McBride noted that some residents have planted bushes and trees in the common area. She asked if they will have to move these items. Attorney Kramer stated that this has been addressed with a few homeowners and they have entered into an agreement with the City which states that if the City so requests the items have to be removed. She directed residents who have questions about this to call the City offices with the particular lots in question. Ms. McBride also noted that there are many signs by the subdivision's entrance which interfere with a driver's line of sight. She questioned if anything could be done about this. Mayor Prochaska stated that there is a sign ordinance and he recommended residents call the Building Department if they feel there is a problem and they will inspect the site and have the situation corrected. Jeanette Buhle, 1620 Cottonwood Trail, asked who should be contacted because the common area by her home has not been mowed. Mr. Dhuse instructed her to call the Building Department and file a property standards complaint. She also asked if the residents could receive an annual summary of the services preformed and costs. Mayor Prochaska stated that an audit will be conducted and this information will be available to the public. He stated that issuing an annual report has never been discussed and Attorney Kramer noted that the City is not required to do this. Administrator Graff stated that a year -end report could be published in the newspaper. Mayor Prochaska noted that the maintenance contracts will have to come before the City Council for a vote. Dena Schmidt, 1739 John Street, asked if the was going to be any beautification along the bike path and Mr. Dhuse stated that there were plans for mulch and flowers. Ms. Schmidt asked who is responsible if someone is hurt on the path and Attorney Kramer stated it is not the homeowner's responsibility. She also asked what the fund for trail maintenance would be used for and Mr. Dhuse stated that the plan is to replace the trail with a new one in five years. Ms Schmidt commented that parking on both sides of the street along the park area makes it congested and she asked if parking could be allowed on only one side of the street. Mayor Prochaska asked the Public Safety Committee to look into this. The Minutes of the Regular Meeting of the Citv Council — Mav 11, 2004 - na L33 Gary Schroeder, 1227 Evergreen, questioned the number of units used to figure the SSA tax levy. Mr. Dhuse stated that he was told there were 221 units. Gillian Gardner, 1316 Willow Way, stated that she recently moved in and asked who was responsible to mow up to the path. Mr. Dhuse stated that currently it is the developer's responsibility. She also asked when the charge would be on the real estate tax bill if this is approved. Attorney Kramer stated that it would be on the 2005 tax bill. Administrator Graff explained that funds the City receives in June and September of 2005 will pay for the 2005 season; the City will always be one year behind. Mayor Prochaska stated he would have the City Attorney look at this closer to make sure it is applied correctly. Ms. Gardner asked how she could obtain a copy of the covenants and Attorney Kramer stated she could get them from either the developer or Kendall County. Tom Joslin, 1611 Cottonwood Trail, asked who was responsible for mowing the berm behind his home on Route 34. Mr. Dhuse stated he was not sure and would check into this. Dan Novak, 1221 Willow Way, and Theresa Canning, 1609 Cypress Lane, questioned the snow removal. Mr. Dhuse stated that this was for the paths. Mr. Novak asked if there were any plans to seal the trail soon and Mr. Dhuse indicated that there were no plans to seal the trail however there are plans to remove and replace it in five years. Mr. Novak asked how often the open areas and parks will be mowed and Mr. Dhuse stated the open space will be mowed once every seven days. The parks are separate from this. Mr. Novak asked if a permit was needed to play baseball on the fields and Executive Director of Parks & Recreation Laura Brown stated that occasional neighborhood play was allowed without a permit however league play requires a permit due to liability issues. Adrian Govis, 4378 Eldamain Road, stated that he was notified of the public hearing but did not see how he was affected by it. Attorney Kramer stated that she did not believe he was affected by the SSA however he lives close enough to have been notified. Sarah Moris, 1215 Willow Way, asked if the City had any form of mosquito control. Mr. Dhuse stated that the City does have a mosquito control plan which runs from June through September. Greg Schroeder, 1227 Evergreen, asked if there is a dry spell and mowing isn't necessary would the funds accumulated. Mr. Dhuse stated that the average cutting is once every seven days. In rainier seasons, the grass could be mowed more. He also stated that the funds would accumulate. Mr. Graff stated that all the funds collected will be placed in a separate account and cannot be used for any other area. Bill Moris, 1215 Willow Way, asked what generated the SSA process. Attorney Kramer reiterated that when the developer entered into the annexation agreement they were suppose to establish an HOA. This was not done and residents contacted the City regarding this last summer. At a neighborhood meeting, the majority of the residents did not want to establish the HOA. So the City is now taking action in the form of an SSA to cover expenses. Dave Williams, 1307 Willow Way, asked if the City would be doing the mowing itself or contracting it out. Mr. Graff stated that this has not been determined yet however he felt that the services might be contracted out initially because the City currently does not have enough employees to cover the service. He stated that if the work is contracted out, the City will ask for Requests for Proposals (RFPs) for the services. Barb Collette, 1742 John Street, asked who would be financially responsible for things such as personal injuries or sewer tile breaks. Attorney Kramer stated that, without knowing specifics, any injury would probably be a private issue and the City has policies set up to address sewer or watermain breakage. Colin Schmidt, 1739 John Street, asked if the snow plowing of the trails was removed would this change the levy. He also asked if plowing of the trail would affect the seal coating. Alderman Munns stated that he has lived in Fox hill for five years and the trail has never been plowed. Mayor Prochaska stated that the residents can come back as a group and indicate they do not want the trail plowed. Alderman Sticks asked what the residents can do if they feel they would rather have a HOA instead of a SSA. Attorney Kramer stated that if the residents provide proof that a HOA has been The Minutes of the Regular Meeting of the Citv Council — Mav 11.2004 - naee 4 established, the county will be notified to deactivate the SSA. Alderman James asked if this could be done at any time. Attorney Kramer stated that yes it can be done at any time however there is a timing issue to deactivating the SSA; the County has to be notified of any tax levy by December of each year. There were no further comments from the public or City Council. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderwoman Spears; seconded by Alderwoman Burd. Motion approved by a roll call vote. Ayes -7 Nays -0 Burd -aye, James -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye, Besco -aye CITIZEN COMMENTS None PRESENTATIONS None CONSENT AGENDA 1. Police Reports for March 2004 2. Plat of Easement for 307 and 309 Mulhern Court - authorize the Mayor and City Clerk to execute 3. Bruell Street Pump Station Change Order #1— approve extension ofbid contract time from 60 to 90 days 4. Bruell Street Forcemain & Sanitary Sewers Change Order 91 — approve extension of contract completion date by 60 calendar days 5. Raintree Village — ComEd Easement - authorize the Mayor and City Clerk to execute 6. Resolution 2004 -13 - Crack Filling MFT Appropriation - authorize the Mayor and City Clerk to execute 7. Bristol Ridge Road Reconstruction — award contract to Aurora Blacktop in an amount not to exceed $1,435,017.08 8. Water Department Report for February 2004 9. Route 47 Watermain — award contract to Neslund & Associates in an amount not to exceed $737,021.15 10. Ordinance 2004 -24 — Pollution Control Ordinance - authorize the Mayor and City Clerk to execute 11. Resolution 2004 -14 - Game Farm Road & Somonauk Roadway Improvements — approve Smith Engineering Consultants to perform Phase I engineering services and authorize the Mayor and City Clerk to execute Al ffT Resolution 12. USGS Joint Funding Agreements to survey Channel Crossing from Blackberry Creek — authorize the Mayor and City Clerk to execute 13. Sewer Vacuum Truck — approve purchase from EI Equipments in an amount not to exceed $220,3 75. 00 14. Ordinance 2004 -25 — Amending Liquor Sampling Ordinance - authorize the Mayor and City Clerk to execute 15. Digital Recording of Interview Room — approve purchase of Thomas Alarm equipment and installation in an amount not to exceed $2.200.00 Mayor Prochaska entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Kot; seconded by Alderman James. Motion approved by a roll call vote. Ayes -7 Nays -0 Burd -aye, James -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye, Besco -aye PLANNING COMMISSION /ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderwoman Spears to approve the minutes of the City Council meetings from March 23, 2004 and April 27, 2004; seconded by Alderwoman Burd. Alderwoman Spears noted typographical errors on page 1 of the April 27, 2004 minutes. The corrections were so noted. Motion approved by a viva voce vote. The Minutes of the Regular Meeting of the Citv Council — Mav 11, 2004 - Dag A motion was made by Alderwoman Spears to approve the minutes of the Committee of the Whole (COW) meetings from October 21, 2003, April 20, 2004 and April 27, 2004; seconded by Alderwoman Burd. Alderman Besco noted a spelling error on page 2 of the October 21, 2003 COW minutes. The correction was so noted. Alderwoman Spears noted that name of the minute taker was not referenced on the same minutes. City Clerk Milschewski stated that the minute taker was Gail Denton. Clerk Milschewski noted an error on page 5 of the April 27, 2004 COW minutes; the Fox Hill Attorney's name is misspelled. 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 May 4, 2004 totaling the following amounts: checks in the amount of $507,121.98 (vendor); $127,705.55 (payroll period ending 04/17/04) for atotal of $634,827.53; seconded by Alderwoman Burd. Alderwoman Spears questioned an invoice on page 20 from the University of Wisconsin for $695.00 for a two day seminar for Municipal Engineers. She stated that out -of -state seminars were discussed last year at the Administration Committee where it was agreed that any out -of- state seminars should be approved by the appropriate committee. She asked if this had been discussed by any committee. Administrator Graff stated that it did not go before any committee because his recollection was that if the out -of -state site was the only location for training, it did not have to go to a committee for approval. He indicated that the engineering and public work staff has been attending seminars at the University of Wisconsin for the approximately the last five years. - Alderman James stated that the Council is giving staff mixed signals because employees are encouraged to get training but are questioned where they get it. He asked if there is a policy to address this. Mayor Prochaska noted that it was discussed that employees should go to the closest available site for training. Alderman Sticka stated that the motion on the floor is to approve the bill list and this is a legitimate bill. He noted that the employee has already received the training and the cost has been incurred so the City is obligated to pay for it. He stated that conversation was moving in another direction by discussing training of employees. Alderwoman Burd stated that she remembered that it was discussed that out -of -state training should be reviewed by the committee before the class was taken. She did not feel that reviewing this was a problem. Mayor Prochaska suggested that the creation of a training policy should be addressed by the Administration Committee. Motion approved by a roll call vote. Ayes -6 Nays -0 Present -1 Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Spears- present, Sticka -aye REPORTS MAYOR'S REPORT Swearing -in of K -9 Sammy Mayor Prochaska and Police Chief Martin swore in the newest member of the Police Force, Canine Officer Sammy. Officer Jeleniewski will be his partner. Presentation of Certificate of Recognition to Officer Barry Groesch Mayor Prochaska and Chief Martin presented Officer Groesch with a Certificate of Recognition for receiving the Kendall County Youth Volunteer Service Award. Commendation for Sergeant Hilt Mayor Prochaska and Chief Martin presented Sergeant Hilt with a commendation for going above and beyond the call of duty with the investigation of a homicide. Due to his work on the investigation a suspect was arrested and had charges filed against him. Proclamation for Poppy Awareness Days Mayor Prochaska read a proclamation stating that May 13, 14, and 15, 2004 are Poppy Awareness Days. See attached proclamation. The Minutes of the Re g g Regular Meeting of the Citv Council — Mav 11, 2004 - Aare 6 Mayor Prochaska entertained a motion of support for the proclamation. So moved by Alderman Kot; seconded by Alderman Munns. Motion approved by a viva voce vote. Click It or Ticket Proclamation Mayor Prochaska read a proclamation of support for the Click It or Ticket/Operation ABC (America Buckles Up Children) for May 2004. See attached proclamation. Mayor Prochaska entertained a motion of support for the proclamation. So moved by Alderman Kot; seconded by Alderman Sticka. Motion approved by a viva voce vote. Re- appointment of Department Heads Mayor Prochaska offered the following people to be reappointed as department heads; City Administrator Anton Graff, Finance Director Traci Pleckham; City Engineer Joe Wywrot, Chief of Police Harold Martin, Zoning and Building Officer Bill Dettmer, Executive Director of Parks & Recreation Laura Brown, Director of Public Works Eric Dhuse, Library Director Michaeleen Pfister and City Attorney Dan Kramer. Mayor Prochaska entertained a motion to ratify the reappointments as read. So moved by Alderman Kot; seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye Reappointment to Committees /Commissions Mayor Prochaska noted that there are vacancies on the Human Resource Commission and the Facade Commission. Mayor Prochaska read the list of 2004 appointments to committees and commissions (see attached). Mayor Prochaska entertained a motion to approve the appointments. So moved by Alderman Kot; seconded by Alderwoman Spears. Motion approved by a roll call vote. Ayes -7 Nays -0 Burd -aye, James -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye, Besco -aye Schoppe Design associates Amendment to Professional Services Agreement Mayor Prochaska entertained a motion to approve the amendment to the Schoppe Design Associates Agreement for Professional Services as presented. So moved by Alderman Kot; seconded by Alderman James. Mayor Prochaska noted that the amendment concerned Mr. Schoppe adding a project manger level which would cost the City less money. Administrator Graff noted that five other firms were contacted and asked for estimates for similar services however only one responded. He stated that the information was given to the Council in their mailboxes. Motion approved by a roll call vote. Ayes -7 Nays -0 Burd -aye, James -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye, Besco -aye Ordinance 2004- 26 Ethics Ordinance Mayor Prochaska entertained a motion to approve an ordinance of the United City of Yorkville repealing Ordinance 41999 -12 and an ordinance implementing the provisions of the State Officials and Employee Ethics Act 5 ILCS. So moved by Alderman Sticka; seconded by Alderman Kot. Mayor Prochaska noted that definition of compensatory time has been changed however the change does not affect collective bargaining and works with the City Code. Alderwoman Spears stated that is was discussed with Attorney Dan Kramer that the third paragraph was not needed because this was in the City's employee manual. Attorney Kelly Kramer stated that Attorney Dan Kramer indicated that it could be included as it is not in conflict with the employee manual. Alderwoman Spears also noted a typographical error in the title of the ordinance. The Minutes of the Regular Meeting of the Citv Council — Mav 11, 2004 - nab Motion approved by a roll call vote. Ayes -7 Nays -0 James -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye, Besco -aye, Burd -aye City Council Committees Mayor Prochaska announced the 2004 City Council Committees: o Administration Committee - Alderman James — Chairman, Alderwoman Ohare, Alderman Kot and Alderman Besco. o Economic Development Committee - Alderman Sticka — Chairman, Alderwoman Burd, Alderwoman Spears and Alderman Munns. o Public Works Committee - Alderman Besco- Chairman, Alderman Munns, Alderwoman Burd and Alderman Sticka. o Public Safety Committee - Alderman Kot 0 Chairman, Alderwoman Spears, Alderwoman Ohare, and Alderman James. Mayor Prochaska stated that he did not indicate vice- chairmen and gave directions to the Committees to address this. Alderwoman Burd noted that no women are chair of a committee. Mayor Prochaska indicated that this was not by design; he asked Alderwoman Ohare and she declined. 2003 -2004 Tax Levy Adjustments Mayor Prochaska stated that there is an adjustment to the 2003 -2004 Tax Levy due to changes in the multiplier which reduces the Equalized Assessed Value (EAV). Adjustments need to be made to two line items, Police Protection and Library. He stated that he is not concerned with the City's budget because the effect of this is minute however he is concerned with the reduction to the Library which represents 1.2% of their budget. He asked the Council to consider amending the City's budget for the first half of the fiscal year by creating a line item out of the Contingency Fund called Library Reserve. He stated that he would like to reserve $6,400.00 for the Library in case it has a shortfall. Mayor Prochaska entertained a motion to reserve $6,438.00 for the Library in a line item called Library Reserve. Funds for the line item will be taken out of the City's Contingency Fund. This will be reevaluated at mid -year. So moved by Alderman Sticka; seconded by Alderman Kot. Alderman Sticks stated that the state does not make it easy and he felt it was appropriate to try and make sure the Library does not have a shortfall. Motion approved by a roll call vote. Ayes -7 Nays -0 James -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye, Besco -aye, Burd -aye Mayor Prochaska entertained a motion to ratify the total levy of $1,589,367.87. So moved by Alderman Kot; seconded by Alderman Sticka. Alderman Kot commented that residents should be pleased with the reduction of the City taxes which is due to good planning and wise use of the City's money. Motion approved by a roll call vote. Ayes -7 Nays -0 Kot -aye, Munns -aye, Spears -aye, Sticka -aye, Besco -aye, Burd -aye, James -aye ATTORNEY'S REPORT No report. CITY CLERK'S REPORT MFT Audit #55 for 111103 — 12/31/03 City Clerk Milschewski reported that she received Audit Report No. 55 from the Illinois Department of Transportation (IDOT) which covered the receipt and disbursement of Motor Fuel Tax (1V1FT) for the period of January 1, 2003 to December 31, 2003. The net balance of MFT funds as of December 31, 2003 was $200,271.73. Clerk Milschewski requested a motion to accept the IDOT Audit Report No. 55 as presented. So moved by Alderman Kot; seconded by Alderman James. Motion approved by a roll call vote. Ayes -7 Nays -0 Munns -aye, Spears -aye, Sticka -aye, Besco -aye, Burd -aye James -aye, Kot -aye Reappointment of Deputy Clerk City Clerk Milschewski recommended the reappointment of Elizabeth D'Anna as the Deputy Clerk and requested a motion approving her reappointment. So moved by Alderman Kot; seconded by Alderman Sticka. The Minutes of the Regular Meeting of the Citv Council — Mav 11.2004 - Dage S Motion approved by a roll call vote. Ayes -7 Nays -0 Spears -aye, Sticka -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Main Street Repairs Administrator Graff reported that the overlay work has begun on East Main Street and should be done in five to ten days. He noted that they are still working on the alignment of the sewer and the pump station and no notice has been given to proceed as it has been delayed due to obtaining easements. Hydraulic Sanitary Sewer Project Administrator Graff reported that staff is close to scheduling a downtown meeting regarding the Hydraulic Street Sanitary Sewer Project. He is waiting for Deuchler to prepare some of the exhibits and a traffic contingency plan is also being prepared. When this is done, there will be a meeting to inform the residents and business owners. He reported that the project is scheduled to begin sometime in July. Staff Training Policy Administrator Graff stated that as City Administrator he takes it seriously that the employees are following the rules. He warned to clarify how the Employee Manual addresses training however the City Attorney stated it was not appropriate to continue the conversation at this point in the agenda. Mr. Graff begged to differ because he stated that how staff follows rules was questioned at in a public meeting. Alderwoman Spears called the question. Alderwoman Burd asked what question was being called. Mayor Prochaska clarified that it is a point of order not calling the question. Alderwoman Burd called point of order. Out of the Office Administrator Graff reported that he will be out of the office on Friday, May 14, 2004. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Mill Street Project Mr. Dhuse reported that Dwyer is almost finished with the repairs on Van Emmon Street caused by the Mill Street Project. Main Street Repairs Mayor Prochaska asked Mr. Dhuse if the overlay on East Main Street was a temporary repair until the City's road program begins. Mr. Dhuse stated that the East Main Street's repair is temporary however the repair on West Main is the permanent repair. Administrator Graff stated that a letter has been sent to the East Main Street residents advising them of this. CHIEF OF POLICE REPORT Traffic Studies Chief Martin reported that traffic studies are being done on Bristol Ridge and Kennedy Roads in response to a number of inquires being received by the department regarding speeding. EXECUTIVE DIRECTOR OF PARKS & RECREATION REPORT Golf Outing Ms. Brown reported that the City's golf outing was very successful and she thanked those who participate in the caddy auction. She reported that the auction raised $5,400.00 with the Executive Director of the YEDC, Lynn Dubajic, bringing in the most bids. The event raised a net profit of $17,500.00. Ms. Brown thanked the sponsors of the event and noted that beverages and dinner were sponsored 100 %. Alderwoman Spears asked how the staff who attended was reimbursed. Ms. Brown explained that City employee Annette Williams was the only member of the city staff working the event and she was paid her hourly wage. Sue Swithin worked the event however she is salaried and the other members of the Recreation staff working the event had their work schedule adjusted so no overtime was necessary. I Alderman Munns reported that he had a great time at the event however he suggested caddy training for next year's event. He stated that even though Mrs. Dubajic raised $2,600.00 she had to be trained the entire day. The Minutes of the Regular Meeting of the Citv Council — Mav 11.2004 - nage 9 COMMUNITY & LIAISON REPORT Senior Services Provider's Meeting Alderwoman Spears reported that she attended the Senior Services Provider's Meeting held May 4, 2004. She reported that May is Older Americans Month. She reported that the group discussed the "Grandparent's Expo" held in Libertyville on May 8, 2004. The event was an activity for grandparents and their grandchildren and she suggested the City look into holding a similar event. She also reported that Senior Services in Countryside is holding a salad lunch on June 3, 2004 and that the group discussed various budget cuts. Human Resource Commission Alderwoman Spears reported that she attended the May 6, 2004 HRC meeting where Chairman Doug Trumble resigned. She stated that three additional members are needed on the commission. The commission discussed the Historical Street Naming Program and the Visitor's Center. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Bruell Street Lift Station — Main Street Overlay A motion was made by Alderman Besco to approve the change order for the Bruell Street Sanitary Sewer Project to include the additional work for the West Main Street overlay as presented by the City Engineer; seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes -7 Nays -0 Spears -aye, Sticka -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye Ordinance 2004 -27 Banning Depositing of Snow in the Street Attorney Kramer noted the ordinance was amended by removing the word "residents" from the first paragraph of the ordinance. A motion was made by Alderman Besco to approve an ordinance to amend the code of the United City of Yorkville referring to snow deposits in the street as amended; seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes -7 Nays -0 Kot -aye, Munns -aye, Spears -aye, Sticka -aye, Besco -aye, Burd -aye, James -aye ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS YEDC Open House Mayor Prochaska noted that the Yorkville Economic Development Corporation (YEDC) is holding an open house on June 3, 2004 from 5:00 P.M. to 8:00 P.M. Committee Reappointments Alderwoman Spears stated that she felt it is sad that Alderwoman Burd is continuously overlooked as a chairman for any committee. She stated that offering a chairman's position to Alderwoman Ohare was fine and she realizes that she is the only chairman being replaced. She noted that in previous years Mayor Prochaska has given a courtesy phone call regarding the committees however she did not receive one this year. She stated that she realizes that if a person questions the Mayor and City Administrator that there appears to be some sort of "punishment ". She stated that she has voiced her opinion that the City Administrator does not work with the Administration Committee ch airman and she tried to correct this in vain. She stated that she does not mind being replaced as it will free up her time to do more research that she feels needs to be done and she thanked the Mayor for this. She asked the Mayor to reconsider all the efforts that Alderwoman Burd has put into the Council. She stated that Alderwoman Burd probably gets overlooked because she is not a "puppet" or part of his "little empire ". She asked when the new committees were effective and Mayor Prochaska stated immediately and stated that he was sorry that Alderwoman Spears felt the way she does. Alderwoman Burd noted that she does not have time to be a chairman of a committee but she thought it was amusing that the Administration Committee was totally changed. She agreed with Alderwoman Spears that it would have been nice to receive a telephone call regarding this from The Minutes of the Regular Meeting of the Citv Council — Mav 11, 2004 - naee 10 the Mayor. She stated that this causes hard feelings and she felt that it showed if a member of the Council crosses certain people or doesn't agree, they get moved around. Mayor Prochaska stated that the reconfiguring of the committees was not an easy decision and no matter what he did he would make someone unhappy. He also noted that he asked the Council if they had specific issues with the committees to contact him and only one or two alderman called. He also stated that he made the final decision on the committee's right before the City Council = . meeting. Alderman Sticka stated that he resented being refereed to as a "puppet ". He felt hurtling insults was not the most appropriate thing to do. Resident Complaint Alderman Besco stated that he received a complaint regarding a residence on Center Parkway that needs the grass mowed. He stated that he did turn the complaint over to the Property Standards Inspector and the individual was mowing his grass. He stated that the resident is under contract to work for the City and it upsets him that the City is paying this person and he cannot keep up the standards of the City. Attorney Kramer asked Alderman Besco to talk to her regarding the problem and she would speak with the Building Department. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into Executive Session for the purpose of discussing: 1. The purchase or lease of real property for the use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired. 2. 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. Mayor Prochaska asked why the reasons for the executive session were so long and Attorney Kramer stated that the reasons are correct as stated according to state statute. So moved by Alderman Munns; seconded by Alderman Kot. J Clerk Milschewski noted that the Mayor did not indicate who beside the Council should be included in the session. Alderman Kot withdrew his second; Alderman Munns withdrew the motion. Mayor Prochaska asked that the City Clerk, City Attorney and City Administrator be included in the session. So moved by Alderman Munns; seconded by Alderman Kot. Alderwoman Spears asked why the Council was going into session for item 42. Mayor Prochaska stated that all the reasons have to be listed according to Attorney Kramer and one of the items will be discussed. Attorney Kramer reiterated that all the reasons have to be listed. Alderwoman Spears stated that she agreed with a previously made comment from Alderman Kot about breaking into too many executive sessions. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye, Mayor Prochaska noted that no action would be taken and asked the Council to meet in the conference room for the session at 9:00 P.M. The Council returned to regular session at 9:50 P.M. and no action was taken. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Kot; seconded by Alderman James. Motion approved by a viva voce vote. Meeting adjourned at 9:51 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois �I CITY COUNCIL MEETING May 11, 2004 I PLEASE PRINT N ADDRESS: - [40tiA:�,' ';- �ulz �rV /cl c �EIQA j rsj &fM /67- I31(-� u3Illot,.� 1 - Off - k L�� m qm Al� U 5 SIGNIN CITY COUNCIL MEETING May 11, 2004 PLEASE PRINT NAME: ADDRESS: c�C� �✓1 11�q X7 /. q ej 1� 61,1 o roe iv- 4 ✓ � C ftq Je Q-uc,�, I l�Y' � G� �hr O 2 _ U, e-1� ld��� � � e.,r J �- e2�► �d LPclermetn� I a 11 �iy� 1 1 L 1w r SIGNIN I — _ 90eai� ® /�� ®�� iie �`� ���leii:ii'te�sge�e °, s\0 , � oiI� iw \�e/ iv \��/ Q a �� \�tl/ • ei \10/ • a i� \0I/ av \0�/ e ii \,�/ es� \��/ • .i ` \ • a a� \��/ vi \1I/ �.v \`�/ e.v ea7 O;.a I ��Irl UNITED CITY OF YORKVILLE ;•� 1 'a . -a► u 101ia�.: J ;.�.�41ab . b►'•��•:� Whereas the American Legion Post #489 and American Legion Auxiliary Unit ►, .`.. illl$ <�IiiL #489 have for many years engaged in the services to disabled veterans and their le. �.1 ,and have taken an active art in charitable work within the community; and families p Y� �I,.I� ►/rem; .•- :�IIOe: $i,�� Whereas, the American Legion and American Legion Auxiliary hold annual Poppy Awareness Days when poppies made by disabled veterans in Illinois hospitals , .�: ►q , ►► NTl are dis pensed publicly for the purpose of raisin funds with which to c on ter ; ; % 'i p p Y p g ' h \r: h' ? beneficial ficial work; and ; ;` ► ►i ►�; . Whereas, the one bright color of these war torn areas was the brave little red e •�lo� poppy growing and blooming on the edges of the trenches, in the ragged shell holes, on teaalb$IP�` ?' ►, ►�.,::.; : the graves of those men buried in Flanders Field, with remembrances of the cheery ' ►�'�; bright red flowers returned to America with our boys, the poppy becoming the symbol ;.e 111 ► ��er ;; of the dead, their memorial flower, and the sign that the high ideals for which these rtRd.a��I�l 6►':r. = brave young men gave their lives, still lives; and ;;.:Rod ll'ri ° i�R4: iltiH�•_ -� t'�er Whereas, a double significance was attached when disabled veterans quickly boa ®,� � ► /,!-;:•: ' learned to assemble poppies while growing well again, with the American Legion and � ► Ark Q . ®At t*IN'eRN; Auxiliary being united in their efforts to help the hospitalized veterans within our state .-- •1$I I wit i�re[t�j� �� ►ea• who make these bright red poppies for distribution, fulfilling a desperate need, h ,,•; � p . � money taken in over expenses being returned to the veterans and their families through ; �� ' 0 1 f,1 a e..,fl1o1 Ilee the service programs; and /► Whereas, to Flanders Field we add Pearl Harbor, Korea, Viet Nam, Grenada, Panama a� ,Gulf War (Operation Desert Shield), and the current Iraq conflict; and � �` e A l�$Ii�p '► : Whereas, the days of May 13, 14, and 15, 2004 have been selected as Poppy +�r`�• -. Awareness Days " m the United City of Yorkville to honor our war dead by wearing a ( ►.r!�.: Therefore, I, Arthur F. Prochaska, Jr., Mayor of the United City of Yorkville, do t,'',eQl�$� ►,r; '� ° hereby proclaim Poppy Awareness Days in the United City of Yorkville, and request ; ;,;,,► l ► ° all citizens to observe these days by wearing a Poppy and making contributions for this v a'g1! worthy cause. Dated this 11 day of May, 2004, A.D. Arthur F. Prochaska, Jr., May °x'1'10' ��;e + :;vC � a ` ��:r -.0. .;,:•.,�. .. �..-`,c�,o. �O•i�0• � .,:� :il 'i:v:v %� � ® /I ° i: d / % �• 1 I � ev• 6�0 ••• ��� �vv 1 I v ea• 1 `� av• lI� vvv •�� vva !IL ea• IL •v• 1l� ee %.a � ..\e\f. � !,e \. \e1• t• � Qle, ■\e\` � � Qlvl.l el• A ®flv,v\e1• � � Qlele\e1v � � Q1„ •\e\t ®. Q,►\.l e\• ` Y Q1.lal.\4 A � QIe1a\e1• � . Q III•P. /�6 ® �-•rw A Al a'r 4 aa•r•aP 0 �d'r rt p ®A'r'r �` ®e0 r'r'r♦ � met a'r� O Sara► � �a'rr �e�A �i� P e lruo7• � v 0 _ � e e e�•.v� �e �'iveu.►e ei Mme°' eewo ►+ es•a..•Ca e� �.� �e ee ��.°�e r � � e � eIPU.r` +® / /'�aia ®�� v_ s � ® ►ems �� w ae a� �v � �ei�_ ° =� ' °� __.- _ -.._. .. _. . -. ®r sere. o ��o � r v-v a -s s w � s e � � � o � a � � � �vs � s a v ®\ � W a r n e /sera►��e< va�.�t.���. ��i��A��. a� s es ����.vs .v.���`r T� s v. ► v..►����. . ".� ,r / /re ��.w.vr e♦ t ts��..a 1 1 ere r.. ♦OV,unarrl O r une, ° !♦ • unnr v urnu°! 1• ramesl♦ yenm$♦ O• rnuurll• nuw°♦♦• rnunr / ♦awnerrl ♦rWenrr ♦ ♦*n,t, R`i1i. e•�p� a w• ass ua •ev asr •es vss ass us sss aas u• vv. < , O ��o ?_ole'.::,1!I!lP.,e� �I!ll..�:: I�fd_.::_ - - - aa4`P0, E, I4e ► 1 r ° ? UNITED CITY OF YORKVILLE Click It or Ticket/Operation ABC (America Buckles Up Children) ; °•_ May 2004 Mobilization 1pb41 ►;��� WHEREAS, motor vehicle crashes continue to be the leading cause of death for teens and young adults age 16 to 34; and rrlld.� �'' I114��1 ►1► o� , ,. , , �•:qLi , ►.r.e, .•_fie lr WHEREAS, a third of children age 14 and under ride in the wrong restraint type for their I4 1►1r "'� : age and size; and qk A4 ` ►�'' WHEREAS, 64% of 16- to 20- year -old (and 68% of 18- to 34 -year old) passenger vehicle f'rt ' r f� ►0'1'A`� � I _ + 141 r occupants killed or seriously injured in crashes in 2002 were not wearing a safety belt; and ��Of . ��'� ►`'� WHEREAS, lap /shoulder safety belts, when used, reduce the risk of fatal injury to front- N seat passenger car occupants by 45% and the risk of moderate -to- critical injury by 50% For light truck occupants, safety belts reduce the risk of fatal injury by 4 60 /o and moderate - I r` ►,!' '1 =d��.. rwo • ' o `/� `'�`O' to- critical injury by 65 %; and � �. A •. p 4 ,►•� -• •� WHEREAS, it is estimated that safety belts save the lives of more than 14,000 motorists r 14 riVi 4111�, year, ear and save about $50 billion in medical care, lost productivity and other injury- � e---.. I 4l ► 0:�, : related costs nationwide; and 1 �► ,1. ►.a;• I i �r: ■ell ►1►,ps,� i •o re ■Q /� - P� ► `�1 'ib; WHEREAS, the Click It or Ticket ABC Mobilizations and similar efforts have dramatically i ;!•♦'1'1/41. I4 ► e;;;�� increased safety belt use across the country; and WHEREAS, traffic safety advocates across the nation and in this community are working j e�1 +1`44 ( 1 ► ` , r - .a with the National Highway Traffic Safety Administration to increase safety belt awareness to - , and drive up belt use - especially among teenagers and young adults - as part of the May .: ■ ,�1� t ", Pa : 2004 Click It or Ticket Mobilization and Buckle Up America Week, ►,'•►=•;: THEREFORE be it resolved that the United City of Yorkville proclaims its wholehearted .,•_ ®. 1 �` support for the Click It or Ticket /Operation ABC (America Buckles Up Children) ; 4 y�� - 1 ► 0 ;;:f' Mobilization from May 24 throu h June 6th 2004 in the United City of Yorkville and +II I ►; le lf o = .� pledges to increase awareness of the Mobilization and the benefits of using safety belts on ; ;�,•;,1 �� 11.: ,;.:•,'1141 '4 every trip, every time. I li►!.. s, ►jii�•�+ th �o iw/ �e + � 4 `�1►® � Dated this 11 day of May, 2004, A.D. 02 ,r���BO' �1 v� +1'441+ �40�1e °a' Arthur F. Prochaska, Jr., M or � . :wed i •sIy l e[.:�. \`4'0:. % � \ a � \`O:e:e% � .. � % ��:e.w. %�/ \t`[ee.% � \` %es � \ ��e•...►. ei /gyp. ; _ ..s l erl ®.s s' ®1b�lLsvv raj` e l0, �ses® 1����lvva�16l���svv/ �I ��Z�evv�1lje ,Ysvv�JtOI�� { evv�l 0 � 0 ��se�.v a e� ° O e s ®o'er• D are•!�� ® ® •�A r X010® aiie� / /aes0`���i��t04401�tt�o'oAOIA t , " q ®0� ®��aysue ®�'�� o ��w� ► ® oos+ ® +savo�+��� s���'io� ®.,..e \�0 \�ooiii City Council May 11, 2004 Committee /Commission Reappointments: Fire & Police Commission, Three Years Ending 4/30/07: Margie Putzler, i Library Board, Three Years Ending 4/30/07: Gail Gaebler Marilyn Vorderer Joanne Gryder Park Board, Five Years Ending 4/30/09: Heather Fiala Zoning Board of Appeals, Five Years Ending 4/30/09: Ralph Pfister Ben Moe i Facade Committee, Three Years Ending 4/30/07: Johanna Byram Police Pension Fund Board, Two Years Ending 4/30/06: Todd Overmyer Vacancies: Human Resource Commission: Three Fagade Committee: One (Engineer or Historical Society) I I