City Council Minutes 2004 12-14-04 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, DECEMBER 14.2004.
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 H Burd Present
Kot Present
Ward III Ohare Present
Munns Absent
Ward IV Besco Present
Spears Present
Also present: City Clerk Milschewski, City Administrator Graff City Attorney Representative
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. He asked those present at the meeting to introduce
themselves. He also asked guests to enter their names on the attendance sheet provided.
AMENDMENTS TO THE AGENDA
Alderman Kot asked that the Public Safety Committee Report item, Request for Budgeted New
Police Officer, be moved to the Consent Agenda so it could be approved before the Mayor swore-
in the officer. He noted that it is a budgeted item.
COMMITTEE MEETING DATES
Public Works Committee 7 :00 P.M., Monday, December 27, 2004
City of Yorkville Conference Room
800 Game Farm Road
Economic Development Committee 7:00 P.M., Thursday, December 16, 2004
City of Yorkville Conference Room
800 Game Farm Road
Administration Committee 7:00 P.M., Thursday, January 6, 2005
City of Yorkville Conference Room
800 Game Farm Road
Public Safety Committee 6:30 P.M., Monday, January 13, 2005
City of Yorkville Conference Room
800 Game Farm Road
Ad Hoc Technology Committee To Be Announced
PUBLIC HEARINGS
Concord Homes
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing
Concord Homes, Petitioner, request for an Amendment to Annexation and Planned Unit
Development Agreement requesting to allow townhomes within Unit 4 of the Raintree Village
subdivision located south of Route 126 and east of Prairie Crossing Drive in the United City of
Yorkville, Kendall County, Illinois. So moved by Alderman Sticka; seconded by Alderman
Burd.
Motion approved by a roll call vote. Ayes -7 Nays -0
Besco -aye, Burd -aye, James -aye, Kot -aye, Ohare -aye, Spears -aye, Sticka -aye
The Minutes of the Regular Meeting of the Citv Council — December 14. 2004 - nape 2
Please see attached Report of Proceedings taken before Nicola Gengler, C.S.R from Depo Court
Reporting Service for the transcription of this portion of the public hearing.
Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman
Ohare; seconded by Alderman Burd.
Motion approved by a roll call vote. Ayes -7 Nays -0
Burd -aye, James -aye, Kot -aye, Ohare -aye, Spears -aye, Sticka -aye, Besco -aye
2004 Tax Levy
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing the
2004 Tax Levy. So moved by Alderman Sticka; seconded by Alderman Burd.
Motion approved by a roll call vote. Ayes -7 Nays -0
Besco -aye, Burd -aye, James -aye, Kot -aye, Ohare -aye, Spears -aye, Sticka -aye
Mayor Prochaska reported that the City is looking to increasing the tax levy to a total amount of
$1,764,321.00 which represents a decrease in the tax rate; from .7895/$100 of Equalized
Assessed Valuation (EAV) to .7143/$100 of EAV. Mayor Prochaska further explained the
formula used to determine the tax levy.
The floor was opened for comments from the public; there were none.
The floor was opened for comments from the City Council; there were none.
Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman
Besco; seconded by Alderman James.
Motion approved by a roll call vote. Ayes -7 Nays -0
Burd -aye, James -aye, Kot -aye, Ohare -aye, Spears -aye, Sticka -aye, Besco -aye
Ordinance 2004 -66 2004 -2005 Tax Levy
Mayor Prochaska entertained a motion to approve an Ordinance for the Levy and Assessment of
Taxes for Fiscal Year beginning May 1, 2005 and ending April 30, 2006 for the United City of
Yorkville in the amount of $1,764,321.00. So moved by Alderman James; seconded by Alderman
Kot.
Mayor Prochaska noted that the levy needs to be filed in the Kendall County Clerk's Office by
the fourth Tuesday in December and the next City Council is after this date. A special City
Council meeting would have to be scheduled if the levy is not approved tonight.
Motion approved by a roll call vote. Ayes -7 Nays -0
Kot -aye, Ohare -aye, Spears -aye, Sticka -aye, Besco -aye, Burd -aye, James -aye
CITIZEN COMMENTS
None.
PRESENTATIONS
Citizens Appreciation Award
Mayor Prochaska and Chief Martin presented resident Stephen Buell with a Citizen Appreciation
Award for assisting with a hit and run accident on October 23, 2004. Mayor Prochaska thanked
Mr. Buell for notifying the police of the accident and for following the offender until the police
could take over. Due to his persistence, the offender was arrested and charged with aggravated
DUI and leaving the scene of a personal injury accident.
Police Department Commendations
Mayor Prochaska and Chief Martin presented Sergeant Larry Hilt with a commendation for his
performance above and beyond the call of duty during the investigation of the hit and run
accident. His diligence in his investigation gave the Kendall County State's Attorney a solid case
with which to file charges against the suspect for aggravated DUI and aggravated leaving the
scene of a personal injury accident.
Mayor Prochaska and Chief Martin also presented Sergeant Larry Hilt with a commendation for
his 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 his investigation and his
testimony in court gave the Kendall County State's Attorney a solid case with led to the offender
being found guilty of the charge of predatory sexual assault on a child.
The Minutes of the Regular Meeting of the Citv Council — December 14, 2004 — naee 3
Certificate of Achievements and Swearing- In/Patrick McMahon
Mayor Prochaska, Chief Martin and Police Commissioner Bob Johnson presented Patrick
McMahon with a Certificate of Achievement for receiving his Police Officer Certification from
the Police Training Institute on November 12, 2004.
Mayor Prochaska noted that Patrick McMahon was sworn -in several weeks ago at the Police
Department. Mayor Prochaska swore him in again as a full-time police officer. Mayor
- Prochaska welcomed him to the United City of Yorkville.
Certificate of Achievements and
Mayor Prochaska, Chief Martin and Police Commissioner Bob Johnson presented Raymond
Mikolasek with Certificates of Achievement for receiving his Police Officer Certification from
the Police Training Institute on November 12, 2004; the Clifford W. VanMeter Scholastic
Achievement Award from the Police Training Institute and the John Bowman Mark from the
Police Training Institute.
Swearing- In/Steven Bozue
Mayor Prochaska, Chief Martin and Police Commissioner Bob Johnson swore -in Steven Bozue
as a full-time police officer for the United City of Yorkville. Mayor Prochaska welcomed him to
the City.
Swearing- In/Shirley Kubicz
Mayor Prochaska, Chief Martin and Police Commissioner Bob Johnson swore -in Shirley Kubicz
as a part-time police officer for the United City of Yorkville. Mayor Prochaska welcomed her to
the City.
CONSENT AGENDA
Mayor Prochaska stated that the Consent Agenda should have been approved before the
swearing -in of the officers because Item #I I was added, the Request for Budgeted New Police
Officer. He asked Attorney Kramer if he should have gotten approval before the officer was
sworn -in and Attorney Kramer stated that it was fine to proceed with the Consent Agenda.
1. Parks Master Plan — approve revisions as recommended by the Park Board
2. Watershed Planning Implementation Program Donation — authorize contribution in an
amount not to exceed $3, 000.00
3. Water Reports for September and October 2004
4. Well #7 Treatment Facility - Change Order 44 — authorize increase in an amount not
to exceed $9,3 68.50 for changes to the building and well controls and authorize seven
additional days to the contract and authorize Mayor to execute
5. Well #8 - Change Order # 1 - authorize the decrease in an amount not to exceed
$39,145.50 and authorize Mayor to execute
6. Smith Engineering Agreement for an "as needed basis" - authorize Mayor to execute
7. Building Permits Report for September 2004
8. Police Reports for October 2004
9. Emergency Generator Change Order — authorize increase in an amount not to exceed
$2,500. 00 for moving the location ofgenerator
10. Request to Purchase Trucks — authorize purchase of Sewer Department utility truck in
an amount not to exceed $56,100.00 plus the cost of title and license plates to be paid
from the Public Works Equipment Capital Budget. Authorize the purchase of Parks
Department landscape utility truck in an amount not to exceed $38, 000.00 plus the
cost of title and license plates to be paid from the Public Works Equipment Capital
Budget. Authorize the purchase of Engineering Department truck in an amount not to
exceed $29,800. 00 plus the cost of title and license plates to be paid from the Public
Works Equipment Capital Budget, base cost of truck to be repaid to Public Works
from the Engineering budget.
11. Request for Budgeted New Police Officer
Mayor Prochaska entertained a motion to approve the Consent Agenda as amended. So moved
by Alderman Sticka; seconded by Alderman Ohare.
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
No report.
MINUTES FOR APPROVAL
A motion was made by Alderman James to approve the minutes of the City Council meetings of
October 12, 2004, October 26, 2004 and November 9, 2004, the minutes from the Committee of
The Minutes of the Regular Meeting of the Citv Council — December 14, 2004 - na eg_4
the Whole from December 2, 2003 and the minutes of the Joint City Council and Plan
Commission meeting from September 15, 2004; seconded by Alderman Besco.
Alderman Spears noted a correction on the City Council minutes from October 26, 2004, page
six, first paragraph, last sentence - $20.650.00 should be changed to $20,650.00.
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 December 3, 2004 totaling the following amounts: checks in the amount of
$1,359,021.50 (vendor); $149,969.80 (payroll period ending 11/13/04) for a total of
$1,508,991.30; seconded by Alderman Ohare.
Motion approved by a roll call vote. Ayes -7 Nays -0
Besco -aye, Burd -aye, James -aye, Kot -aye, Ohare -aye, Spears -aye, Sticka -aye
REPORTS
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MAYOR'S REPORT
Appointment of John Wyeth as City Attorney
Mayor Prochaska entertained a motion to approve the appointment of Attorney John Wyeth as the
City Attorney effective January 1, 2005. So moved by Alderman Sticka; seconded by Alderman
Besco.
Alderman Ohare asked if the appointment ran through May 2005. Mayor Prochaska explained
that the appointment of the City Attorney ends on April 3&.
Motion approved by a roll call vote. Ayes -7 Nays -0
Kot -aye, Ohare -aye, Spears -aye, Sticka -aye, Besco -aye, Burd -aye, James -aye
- IEPA Brownfields Grant Agreement
Mayor Prochaska reported that the United City of Yorkville has been working with the Illinois
Environmental Protection Agency in order to take advantage of the Brownfields Grant Program.
He stated that the City has a petitioner who will use the grant in the downtown area. The
agreement allows the engineering company to move forward and allows the grant dollars to be
received. The redevelopment program is estimated to cost $88,996.00 and the grant award will
be for $57,906.00.
Mayor Prochaska entertained a motion to approve the Municipal Brownfields Redevelopment
Grant Agreement with the Illinois Environmental Protection Agency and the United City of
Yorkville and to authorize the Mayor and City Clerk to execute the agreement. So moved by
Alderman Besco; seconded by Alderman Burd.
Motion approved by a roll call vote. Ayes -7 Nays -0
Ohare -aye, Spears -aye, Sticka -aye, Besco -aye, Burd -aye, James -aye, Kot -aye
City Council Packet Distribution
Mayor Prochaska reported that due to the Christmas holidays, the December 28, 2004 City
Council packets will be distributed on Wednesday, December 22, 2004. He reminded the
Council that if they had information to be included, they get it to the Clerk's office as early as
possible.
ATTORNEY'S REPORT
No report.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
Finance Director Pleckham reported that Treasurer Powell was home recovering from back
surgery.
CITY ADMINISTATOR'S REPORT
No report.
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FINANCE DIRECTOR'S REPORT
No report.
DIRECTOR OF PUBLIC WORKS REPORT
No report.
CHIEF OF POLICE REPORT
Chief Martin reported that The Citizens Police Academy held its graduation on December 13,
2004. He reported that there were sixteen graduates and that it was a good event.
EXECUTIVE DIRECTOR OF PARKS & RECREATION REPORT
No report.
I
COMMUNITY & LIAISON REPORT
No report.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
Hydrogeology and Water Quality Study for Northwest Planning Area
A motion was made by Alderman Besco to approve a proposal with the United States Department
of the Interior to investigate the hydrogeology and water quality of the glacial -drift aquafir in the
vicinity of the Nelson Landfill site near Yorkville and approve Engineering Enterprises, Inc.
(EEI), scope of service along with Civil & Environmental Consultants, Inc. subject to the revised
budget; seconded by Alderman James.
Alderman Ohare asked how long it would take to determine the quality of the water. Jeff
Freeman with EEI explained that the United States Department of the Interior has supplied a
timetable and it is estimated that some data will be available by late summer 2005 for the City to
review. The Department has a one year period to prepare their report so it should be done in
2006.
Alderman Sticka asked if funding was available for the study. Mayor Prochaska stated that
Director Pleckham is working on dete funding through the revised budget and it does
appear funding is available. Mr. Freeman went over the chart of the project costs for the Council.
Motion approved by a roll call vote. Ayes -7 Nays -0
Ohare -aye, Spears -aye, Sticka -aye, Besco -aye, Burd -aye, James -aye, Kot -aye
ECONOMIC DEVELOPMENT COMMITTEE REPORT
Ordinance 2004 -67 Granting Rezoning for Carolyn Herren
A motion was made by Alderman Sticka to approve an Ordinance rezoning for Carolyn Herren
from R -2 One Family Residential to B -3 Service Business District; seconded by Alderman Kot.
Motion approved by a roll call vote. Ayes -7 Nays -0
Spears -aye, Sticka -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Ohare -aye
Resolution 2004 -46 Approving Preliminary/Final Plat for Grande Reserve Unit 9
A motion was made by Alderman Sticks to approve a Resolution approving a Preliminary Plat for
Grande Reserve Unit 9 as presented subject to City Engineer; seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes -7 Nays -0
Sticka -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Ohare -aye, Spears -aye
Resolution 2004 -47 Approving Preliminary Plat for Woodworth Estates
A motion was made by Alderman Sticka to approve a Resolution approving the Preliminary Plat
for Woodworth Estates Phase Five as presented; seconded by Alderman Ohare.
Motion approved by a roll call vote. Ayes -7 Nays -0
Besco -aye, Burd -aye, James -aye, Kot -aye, Ohare -aye, Spears -aye, Sticka -aye
PUBLIC SAFETY COMMITTEE REPORT
No report.
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The Minutes of the Regular Meeting, of the Citv Council — December 14, 2004 — nage 6
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ADMINISTRATION COMMITTEE REPORT
Ordinance 2004 -68 Fox Hill Tax Levy
A motion was made by Alderman James to approve an Ordinance for the Levy and Assessment of
Taxes for the Fiscal Year beginning May 1, 2005 and ending April 20, 2006 in and for Special
Service Area 2004 -201 (Fox Hi1I); seconded by Alderman Kot.
Alderman Ohare asked how the residents affected will be notified. Attorney Kramer explained
that this will be a line item on the resident's tax bill and it has been publicized several times in the
local newspaper.
Motion approved by a roll call vote. Ayes -7 Nays -0
James -aye, Kot -aye, Ohare -aye, Spears -aye, Sticka -aye, Besco -aye, Burd -aye
ADDITIONAL BUSINESS
Happy Holidays
Mayor Prochaska wished everyone a Merry Christmas and safe holidays.
Election Packets
Mayor Prochaska reported that Election Packets were available in the Clerk's Office and online.
Sign Ordinance /Policy
Alderman James asked that the ordinance and/or policy for balloons used for advertisement be
revisited to make sure it is being implemented consistently. He noted that the travel agency on
Route 47 was asked to take down their inflatable cruise ship in one week whereas the Burger
King on Route 47 has had an inflatable Sponge Bob for at least a month. It was decided to have
the Economic Development Committee revisit the sign ordinance.
EXECUTIVE SESSION
Mayor Prochaska entertained a motion to go into Executive Session for the purpose of discussing
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, in which case the basis for the finding shall be recorded and
entered into the minutes of the closed meeting. He asked that the City Clerk, City Administrator
and the City Attorney's representative and Attorney Wyeth be included in the session.
So moved by Alderman Besco; seconded by Alderman Sticka.
Motion approved by a roll call vote. Ayes -7 Nays-0
Ohare -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Spears -aye, Sticka -aye
The City Council took a ten minute break and entered into the Executive Session at 8:07 P.M.
The Council returned to regular session at 8:29 P.M. and there was no action taken.
ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Sticka; seconded by
Alderman Besco.
Motion approved by a viva voce vote.
Meeting adjourned at 8:30 P.M.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville, Illinois
CITY COUNCIL MEETING
December 14, 2004
PLEASE PRINT
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