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City Council Minutes 2004 07-13-04 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVII.LE. ]KENDALL COUNTY. ILLINOIS. HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY. JULY 13.2004. Mayor Prochaska called the meeting to order at 7:02 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Sticka Absent Ward II Burd Present Kot Present Ward III Ohare Present Munns Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, Administrator Graff, City Attorney Kelly Kramer, Police Lieutenant Schwartzkopf, 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 A motion was made by Alderwoman Ohare to remove Item 17, Records Disposal Service — Shred- co Contract, from the Consent Agenda and table it to the next City Council meeting; so moved 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 Alderwoman Spears asked that Item #10, Resolution of Authorization for OSLAD Grant Application for Kylyn's and Cannonball Park Development, be removed from the Consent Agenda and placed on the regular agenda under the Administration Committee Report. Attorney Kramer entertained a motion to remove Item #1 under the Economic Development Committee Report, Marathon Petroleum — Setback Variances for 504 S. Bridge Street, from the agenda and table it until the next City Council meeting. The petitioner will be submitting a revised site and landscaping plan. So moved by Alderwoman Ohare; 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 COMNUTTEE MEETING DATES Public Works Committee 7:00 P.M., Monday, July 26, 2004 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Wednesday, July 21, 2004 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M., Thursday, August 12, 2004 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M., Thursday, July 22, 2004 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee 6:30 P.M., Thursday, July 29, 2004 The Minutes of the Regular Meetine of the Citv Council — July 13, 2004 - nage 2 Citv of Yorkville Conference Room 800 Game Farm Road PUBLIC HEARINGS None. CITIZEN COMMENTS Lois Seaton, 3123 Bristol Ridge Road, addressed the Council and read her letter dated July 12, 2004 to the Council regarding the medians being constructed on Bristol Ridge Road. See attached. PRESENTATIONS None. CONSENT AGENDA 1. Police Reports for May 2004 2. In -Town Road Program — Additional Services - authorize additional services from Smith Engineering Consultants, Inc. in an amount not to exceed $1,960.00 3. Kylyn's Ridge Unit 1 —LOC Reduction 42 — reduce the letter of credit by $87, 263.44 4. Kylyn's Ridge Unit 2 —LOC Reduction #1 — reduce the letter of credit from Earthwork by $80,065.24 and from Onsite Work by $715,061.20. 5. Heartland Circle — LOC Reduction #1 - reduce the letter of credit by $3,323,491.63 6. 2004 joint & Crack Filling — Results of Bid Opening — award contract to SKC Construction, Inc. in an amount not to exceed $23,082.67 7. Resolution 2004 -21 - Granting School District's Request for Exemption from Water Conservation Regulations 8. Building Permit Reports for April 2004 9. River's Edge Park — Bid Approval — award contract to George's Landscaping for general construction in an amount not to exceed $80,513. 00 and for total construction costs not to exceed $131,616 22 10. Faxon Road Extension — Whispering Meadows to Route 47 - Engineering Enterprises, Inc. Engineering Agreement - authorize the Mayor and City Clerk to execute IDOT agreement for MFT funds for preliminary construction engineering services to be completed by Engineering Enterprises, Inc. in an amount not to exceed $45,500. 00 11. Cannonball Trail Roadway Improvements — Result of Bid Opening & Funding Options — award contract to Aurora Blacktop in an amount not to exceed $164,84639. $102, 000.00 to come from the General Fund and $62,846 39 from fund balance 12. Raymond Storm Water Outfall - Engineering Enterprises, Inc. engineering agreement — award preliminary design services to Engineering Enterprises, Inc. (EEI) in an amount not to exceed $14,490. 00 and authorize the Mayor and City Clerk to execute with a notice to proceed. Authorize final design and construction services in an amount not to exceed$108, 685.00 with a notice to proceed, subject to receiving developer funds. 13. Kennedy Road Reconstruction — Theidel Property - Engineering Enterprises, Inc. (EEI) agreement - authorize the Mayor and City Clerk to execute IDOT Agreement in an amount not to exceed $87,098. 00 subject to receiving developer funds 14. Emergency Generator — authorize purchase from Patten Power Systems in an amount not to exceed $50,292.40 to be paid from fund balance 15. Request Purchase of Budgeted Vehicle — request to purchase from Miles Chevrolet a 2004 Impala Squad Car in an amount not to exceed $18,224. 00 Mayor Prochaska entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Kot; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -7 Nays -0 Burd -aye, James -aye, Kot -aye, Munns -aye, Spears -aye, Ohare -aye PLANNING COMMISSION /ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council meetings from June 22, 2004 and May 25, 2004; seconded by Alderwoman Ohare. Motion approved by a viva voce vote. i The Minutes of the Regular Meeting of the Citv Council — July 13, 2004 - pale 3 A motion was made by Alderman James to approve the minutes of the Committee of the Whole meetings from May 18, 2004 and November 2, 2003; seconded by Alderman Sticka. Mayor Prochaska asked if the minute taker was catching up on the old Committee of the Whole minutes and Clerk Milschewski indicated that the minute taker was trying to catch up. 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 July 2, 2004 totaling the following amounts: checks in the amount of $1.040,690.34 (vendor); $277,463.63 (payroll period ending 6/12/04 & 6/26/04) for a total of $1,318,153.97; seconded by Alderwoman Ohare. 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 Appointment of Tammie Smock to Park Board Mayor Prochaska reported that he has selected Tammie Smock to replace Park Board member Dave Cathey and her term will go to April 30, 2008. He entertained a motion to ratify the appointment of Tammie Smock to the Park Board. So moved by Alderman Kot; 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 Swearing -In of Part-time Patrol Officer Scott Carter Mayor Prochaska and Police Lieutenant Don Schwartzkopf swore in Scott Carter as the new part- time patrol officer and welcomed him to the Yorkville Police Department. Certificates of Recognition to Officer Pleckham Mayor Prochaska reported that due to circumstances beyond his control, Officer Pleckham is not able to attend the City Council meeting and it is not known when he will be able to. Mayor Prochaska stated that he wanted Officer Pleckham to receive his recognition. He presented Officer Pleckham with a Certificate of Appreciation and Recognition of Exemplary DUI Enforcement from the Alliance Against Intoxicated Motorist (AAIM). Mayor Prochaska read a letter from the Executive Director of AAIM acknowledging Officer Pleckham's outstanding DUI enforcement. He presented the certificate to Lieutenant Schwartzkopf who will deliver it to Officer Pleckham. Yorkville - Bristol Sanitary District — Request for River Road Street Improvement Mayor Prochaska reported that on each Council member's desk was information regarding an offer from the Yorkville - Bristol Sanitary District (YBSD) to repair River Road in front of their facility. Mayor Prochaska entertained a motion to approve the request by the Yorkville- Bristol Sanitary District for the improvement and overlay of River Road as presented. So moved by Alderman Kot; seconded by Alderman Besco. Mayor Prochaska thanked the YBSD for offering to repair the road. 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 Coffee with the Mayor Mayor Prochaska reported that the next Coffee with the Mayor will be held on Saturday, July 17, 2004 at Sunfield Restaurant on Route 47 from 9:00 to 11:00 A.M. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. The Minutes of the Regular Meeting of the Citv Council — July 13, 2004 - nage 4 CITY ADMIhIISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT - Director Dhuse reported that the work on the cell tower, located on the water tower, was _ progressing. CHIEF OF POLICE REPORT No report. EXECUTIVE DIRECTOR OF PARKS & RECREATION REPORT Director Brown, on behalf of the Public Works and Parks Departments, thanked the Bristol - Kendall Fire District for their great work on the Fourth of July festivities including the clean-up and maintenance of the Town Square Park. COMMUNITY & LLUSON REPORT No report. i COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT CJ Insulation Easement for Watermain A motion was made by Alderman Besco to accept dedication of a Grant of Easement for watermain to the United City of Yorkville from C.J. Insulation as recommended by the City Engineer; seconded by Alderman Kot. 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 I Hydraulic Avenue Interceptor — Results of Bid Opening A motion was made by Alderman Besco to reject all bids for the Hydraulic Sanitary sewer Interceptor Project and to authorize Walter E. Deuchler to re -bid the project; seconded by Alderman Kot. Mayor Prochaska noted that all the bids received were higher than the engineer's estimate. 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 -38 Yorkville Hill Landscaping Authorizing the Execution of the Annexation Agreement A motion was made by Alderwoman Burd to approve the Annexation and Planned Unit Development Agreement for Yorkville Hill Landscaping with B -3 Service Business Zoning Use and to authorize the Mayor and City Clerk to execute the PUD Agreement; seconded by Alderman James. Motion approved by a roll call vote. Ayes -8 Nays -0 Munns -aye, Ohare -aye, Spears -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Prochaska -aye _ _ Ordinance 2004 -39 Yorkville Hill Landscaping - Annexing Properties A motion was made by Alderwoman Burd to approve an Ordinance annexing properties to the United City of Yorkville, Kendall County, Illinois known as Yorkville Hill Landscaping; seconded by Alderman Munns. 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 Ordinance 2004 -40 Bailey Meadows Authorizing the Execution of the Annexation Agreement A motion was made by Alderwoman Burd to approve the Annexation Agreement between the United City of Yorkville and IRED Baseline, L.L.C., an Illinois Limited Liability Company with The Minutes of the Regular Meeting of the Citv Council — July 13. 2004 — page 5 R -2 General Residence District, R -3 General Residence District. and B -3 Service Business District zoning use and authorize the Mayor and City Clerk to execute the agreement subject to staff and legal final review; seconded by Alderman Munns. Alderman Kot noted that the table of contents was incorrect. He also asked if language was added to the agreement regarding architectural standards. Administrator Graff stated that this is not a PUD however if an architectural standards ordinance is passed, it will apply. Alderwoman Spears asked if Anna K urtzman had reviewed the document and Attorney Kramer stated that she did review the document and had a few comments of "clean-up" items which have been addressed. She stated that is the reason that the document will be executed after staff and legal review. Motion approved by a roll call vote. Ayes -8 Nays -0 Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Besco -aye, Prochaska -aye Ordinance 2004 -41 Bailey Meadows - Annexing Properties A motion was made by Alderwoman Burd to approve an ordinance annexing properties to and zoning real property pursuant to Annexation Agreement to the United City of Yorkville, Kendall County, Illinois known as Bailey Meadows Subdivision; seconded by Alder 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 PUBLIC SAFETY COMMITTEE REPORT Hiring Replacement Police Officer A motion was made by Alderman Kot to approve the hiring of a fun time police officer as a replacement for Officer Patricia Cernekee; seconded by Alderman James. 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 ADMINISTRATION COMMITTEE REPORT Ordinance 2004 -42 Authorizing and Providing for the Issue of Debt Certificates for In -Town Road Program A motion was made by Alderman James to approve an ordinance authorizing and providing for an Installment Purchase Agreement for the purpose of paying a part of the cost of making street and road improvements within the City and authorizing and providing for the issue of $650,000.00 Debt Certificate, Series 2004C, evidencing the rights to payment under such Agreement, prescribing the details of the Agreement and Certificates and providing for the security for and means of payment under the Agreement of the Certificate and authorize the Mayor and City Clerk to execute all documents upon final legal review; seconded by Alderwoman Ohare. Alderman Kot commented that this is part of the long overdue replacement of streets in the older sections of the City. He indicated that this is the first phase of the project. Alderman James noted that Barbara Chevalier with Speer Financial was available to answer any questions. Ms. Chevalier indicated that the approval was for Limited Obligation Bonds. She explained that two bids were received earlier in the day for the bonds and the lowest bidder was Bernardi Securities of Chicago with a net interest rate of 4.6677 1 /o. 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 Resolution 2004 -22 Authorizing OSLAD Grant Application A motion was made by Alderman James to approve a Resolution of Authorization for OSLAD Grant Application for Kylyn's and Cannonball Park development and to authorize the Mayor and City Clerk to execute the resolution; seconded by Alderman Kot. Alderwoman Spears commented that the City's name is incorrect on the grant application and asked that this be corrected. Attorney Kramer indicated that the resolution should be executed subject to the corrections. The Minutes of the Regular Meeting of the Citv Council — July 13. 2004 - na t 66 Alderman Kot withdrew his second. A motion was made by Alderman James to approve a Resolution of Authorization for OSLAD Grant Application for Kylyn's and Cannonball Park development and to authorize the Mayor and City Clerk to execute the resolution with the said correction; seconded by Alderman Kot. 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 ADDITIONAL BUSINESS Mayor Prochaska reported that he asked Administrator Graff to contact the Village of Montgomery and arrange a meeting between him, Montgomery's village president and their City Administrators. There are several issues to be discussed such as a boundary agreement and the USGS Blackberry Creek Study. He stated that recently a few developers have come to talk to Yorkville who have already approached Montgomery. The developers were told that Yorkville would not entertain their offers while they were still involved with Montgomery. Mayor Prochaska stated that he would bring the findings of the meeting back to the Council. 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. 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. He asked that City Clerk Milschewski, City Treasurer Powell, Administrator Graff and City Attorney Kelly Kramer be included in both sessions and Director Brown included in the first. Motion approved by a roll call vote. Ayes -7 Nays -0 Ohare -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Mums -aye, Spears -aye Mayor Prochaska noted that no action would be taken. The Council took a break and entered into Executive Session at 7:40 P.M. The Council returned to regular session at 8:46 P.M. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Kot; seconded by Alderwoman Ohare. Motion approved by a viva voce vote. Meeting adjourned at 8:47 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois �i CITY COUNCIL MEETING July 13 2004 PLEASE PRINT NAME: ADDRESS: nn Y c I/Y A'u V k- 3 412k S' rzyz, 4 1 c uc Lp oa lC /a 41 ' tc ` 2Sl Q p! 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