Loading...
City Council Minutes 2003 04-22-03 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 22, 2003. City Clerk Milschewski called the meeting to order at 7:00 P.M and led the Council in the Pledge of Allegiance. - Clerk Milschewski explained that due to illness, Mayor Prochaska was unable to attend the meeting and she requested a motion to appoint Alderman James as Mayor pro tem. So moved by Alderman Kot; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -6 Nays -0 Besco -aye, Burd -aye, Kot -aye, Munns -aye, Spears -aye, Anderson -aye ROLL CALL Clerk Milschewski called the roll. Ward I James Present Sticka Absent Ward H Burd Present Kot Present Ward III Anderson Present Munns Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Administrator Graff, City Attorney Kramer, Police Chief Martin, Finance Director Traci Pleckham, Director of Public Works Dhuse, and Executive Director of Parks & Recreation Brown OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor pro tem James welcomed guests and asked those present to enter their name on the attendance sheet provided. AMENDMENTS TO THE AGENDA Administrator Graff requested that the presentation of the 2002 Yearly Police Report be tabled until Mayor Prochaska was present. He also noted that Item 4 Capital Fees under the Administration Committee Report were being tabled to a later date. Alderwoman Spears noted that she noted corrections to the minutes listed on the Consent Agenda so they were taken off the Consent Agenda and placed on the regular agenda. COMMITTEE MEETING DATES Public Works Committee 6:30 P.M., Monday, April 28, 2003 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Thursday, May 15, 2003 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 6:30 P.M., Thursday, May 8, 2003 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M., Thursday April 24, 2003 City of Yorkville Conference Room 800 Game Farm Road I PRESENTATIONS None. CITIZEN COMMENTS None. The Minutes of the Regular Meeting of the Citv Council - April 22, 2003 - Mee 2 PUBLIC HEARINGS None. CONSENT AGENDA 1. Software Performance Specialists Technology Proposal — Approval of extension of contract services in an amount not to exceed $9.000.00 /100 hours. 2. Weblinx Web Development Proposal — Approval in an amount not to exceed $3,220. 00. 3. Ordinance 2003 -26 - Ordinance Proposing the Establishment of Special Service Area No. 2003 -101 for Windett Ridge — not to exceed an aggregate principal amount of $10,000,000.00 4. Ordinance 2003 -27 - Ordinance Proposing the Establishment of Special Service Area No. 2003 -100 for The Highlands —not to exceed an aggregate principal amount of $15,000,000.00 Mayor pro tem James read the items listed on the Consent Agenda. A motion was made by Alderman Anderson to approve the Consent Agenda as presented; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -6 Nays -0 Burd -aye, Kot -aye, Munns -aye, Spears -aye, Anderson -aye, Besco -aye PLANNING COMMISSION /ZONING BOARD OF APPEAL Alderman Kot noted that Alderman Sticka gave his report at the April 15, 2003 Committee of the Whole meeting. MINUTES FOR APPROVAL A motion was made by Alderman Anderson to approve the minutes of the City Council meeting from April 8, 2003; seconded by Alderman Munns. Alderwoman Spears noted a correction on page 4. She stated that line two under the Senior _ Providers report should state "only Kendall County town or village representative ". Clerk Milschewski noted the revision. I Motion approved by a viva voce vote. A motion was made by Alderman Anderson to approve the minutes of the Committee of the Whole meeting from February 18, 2003; seconded by Alderman Munns. Alderwoman Spears asked for clarification to an item on page 9, under the "Time Spent on Street Names" paragraph. She asked how many minutes did Alderman Sticka note two or five? Clerk Milschewski noted it was five and noted the correction. 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 Vendor Invoice Register #246 dated April 17, 2003 totaling the following amounts: checks in the amount of $323,077.10 (vendor), $103,143.67 (payroll period ending 4/05/03), for a total of $426,220.77; seconded by Alder Burd. Motion approved by a roll call vote. Ayes -6 Nays -0 Besco -aye, Burd -aye, Kot -aye, Munns -aye, Spears -aye, Anderson -aye REPORTS MAYOR'S REPORT Confirm Village of Montgomery Joint Meeting Date — May 28th Mayor pro tem James reported on a letter dated April 4, 2003 from Marilyn Michelini, Village President of Montgomery and a memo from Administrator Graff dated April 18, 2003 regarding a joint meeting between the United City of Yorkville and the Village Montgomery. Mayor pro tem James read a letter from Alderman Sticka, who was not in attendance, regarding the proposed meeting (see attached). Alderman Sticka stated that he was strongly against negotiating a boundary agreement with Montgomery unless they: ■ Immediately give the transition fees they have collected to School District # 115 ■ Increase the transition fee to $3,000.00. I The Minutes of the Regular Meeting of the Citv Council - ADrll 22. 2003 - Dan 3 ■ Require the transition fees be paid directly to the School District ■ Apologize to the School District and the United City of Yorkville for their actions. After reading the letter, the Council proceeded to discuss meeting with Montgomery. Alderman Besco agreed with Alderman Sticka's letter and didn't feel that he was willing to meet with Montgomery. He stated that the United City of Yorkville requested the meeting in the first place and felt it was a "slap in the face" for Montgomery to hold the transition fees due the School District's until a boundary agreement is reached. Alderman Munns agreed that the withholding of the transition fee was ridiculous. He agreed with the first three points in Alderman Sticka's letter however he did not feel that Montgomery needed to apologize. He stated that withholding of the fees was not a way to negotiate and that the two cities need to come to the table even. Mayor pro tem James stated that the tentative date for the meeting was May 28 and if the fees are paid by then, the United City of Yorkville should be willing to meet. Alderman Kot agreed with the other members of the Council but felt that eventually this has to be worked out. He agreed that the date for the meeting be set but that the United City of Yorkville send Montgomery a letter asking that the funds be released prior to the meeting date. If they do not agree to do so, than the meeting is off. Alderwoman Burd disagreed with this because the withholding of the funds was an issue between Montgomery and the School District_ She stated that Montgomery has thrown the School District between the cities and she felt that Yorkville doesn't have to come to a boundary agreement. She stated that Yorkville initiated boundary negotiations in good faith. She noted that she and Mayor Prochaska met with Ms. Michelin and a Montgomery trustee to discuss a boundary agreement some time ago. She did not feel that Yorkville should meet with Montgomery under these circumstances for the one area of land in question. She felt that Montgomery should work the fees out with the School District before the cities meet. Alderman Besco agreed. I Alderwoman Spears also agreed that the fees should be paid before meeting with Montgomery. She noted that the Council represents the "United" City of Yorkville. She stated that she felt the Council should show Montgomery that Yorkville is proud of itself and is willing to negotiate if the transition fees are paid to the School District. Mayor pro tem James agreed. Alderman Munns asked City Attorney Dan Kramer for clarification of the legal issue between the Village of Montgomery and the School District. Attorney Kramer stated that the transition fees are developed with Planned Unit Development (PUD) agreements and the municipality. Montgomery has done this with developers. Withholding of the transition fees may violate these annexation agreements. He recommended that the United City of Yorkville set a meeting date and if the fees are not paid the meeting is cancelled. Alderman Anderson agreed that the cities cannot go to a negotiating table until this problem with the transition fees is settled. A motion was made by Alderwoman Spears to authorize City Administrator Graff to contact the Village of Montgomery and advise them that the United City of Yorkville is willing to meet with them as long as they pay the School District fees on May 28, 2003; seconded by Alderman Kot. Alderman Anderson asked Administrator Graff if there had been any contact from Montgomery indicating any progress that they are going to pay the transition fees. i -- Administrator Graff stated that he did contact Montgomery's City Administrator Anne Marie Gaura at Mayor Prochaska's request. She indicated that she would bring the request from Mayor Prochaska that they pay the fees before the meeting to the trustees. Mr. Graff asked her to call him before the meeting tonight with a response from her Board but he had not heard from her. Alderwoman Burd asked if anyone knew why there was a sense of urgency to develop a boundary agreement. She stated that when Alderman Besco attended a Montgomery Board meeting and suggested a meeting, he was told that they were willing to meet but not to discuss an agreement. I Administrator Graff stated he questioned Ms. Gaura regarding the sense of urgency and she stated that the Board is concerned with adjoining towns applying development fees fairly and transportation issues. He noted to her that Yorkville has met with the Montgomery Police Chief regarding transportation issues and Yorkville collects a $3,000.00 transition fee versus The Minutes of the Regular Meeting of the Citv Council - April 22. 2003 - nage 4 Montgomery's $1,500.00 fee. He pointed out that the inequity is more on Montgomery's side and not Yorkville's. She also stated that there has been discussion regarding the Grande Reserve development and fees that Yorkville could be waiving. Administrator Graff explained to her that no fees were being waived and that the developer is actually paying above and beyond what is required including water improvements that the developer has agreed to install. The Council discussed the impact of the Grande Reserve on Montgomery and felt it was minimal. Motion approved by a roll call vote. Ayes -4 Nays -3 Spears -aye, Anderson -nay, Besco -nay, Burd -nay, James -aye, Kot -aye, Munns -aye Proclamation - Volunteer Week April 2r through May 3, 2003 Mayor pro tem James read a proclamation proclaiming the week of April 27 through May 3, 2003 Volunteer Week (see attached). Volunteer Appreciation Day —May 3, 2003 Mayor pro tem James reported that there was going to be a Volunteer Appreciation Day on May 3, 2003 from 1:00 to 4:00 P.M. at the Riverfront Park. A hot dog lunch was being served by Mayor Prochaska from 1:00 to 2:30 P.M. Other activities for the aftemoon include face painting, a magic show and music. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT Clerk Milschewski reminded everyone that the last day to contribute to the Chamber of Commerce Scholarship Program was April 24, 2003. CITY TREASURER'S REPORT Alderwoman Spears reported that the City Treasurer was on vacation and even though staff had prepared the March 2003 Treasurer's Report in a timely manner, City Treasurer Allen did not sign it before leaving. It will be presented at the May 13, 2003 meeting. I CITY ADMINISTATOR'S REPORT Mayor Prochaska's Health Administrator Graff reported that Mayor Prochaska, was out of the hospital and doing much better. May 13, 2003 City Council Meeting Administrator Graffreported that the newly elected officials would be sworn in at the May 13, 2002 City council meeting. He noted that the agenda was going to be kept light and that refreshments would be served after the meeting. Web Site Administrator Graff noted that the Council voted on a contract for web development under the Consent Agenda and introduced the consultant Andy Clements with Weblinx, Inc. who was present at the meeting. Development Updates Administrator Graffreported that several developments, Longford Lakes, Brisben, Heartland Circle, The Highlands, Kylyn's Ridge and Windett Ridge have begun activity such as mass grading. FINANCE DIRECTOR'S REPORT No report. i DIRECTOR OF PUBLIC WORKS REPORT Director of Public Works Eric Dhuse reported that emergency repairs were made to the Woodworth lift station on April 18` and April 19 It is now repaired and functioning properly and service was not lost during the repairs. Alderman Kot complimented the Public Works Department for a job well done and thanked Police Chief Martin and the Police Department for their assistance. CHIEF OF POLICE REPORT No report. EXECUTIVE DIRECTOR OF PARKS & RECREATION Executive Director of Parks & Recreation Laura Brown reported that the new Summer Parks & Recreation brochure had been mailed to residents and that there are several new programs being offered. I The Minutes of the Regular Meeting of the Citv Council - ADril 22, 2003 - Dage 5 Mayor pro tem James noted one of the new programs offered is "Camping in the Park" which will tie in with "Movie in the Park ". COMMUNITY & LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Grant Coordinator Contract A motion was made by Alderwoman Spears to approve the agreement with C.H. Schrader & Associates for professional consulting services to the United City of Yorkville for the period of one year; seconded by Alderman Anderson. Alderman Kot commented that he supported the concept of a grant coordinator however he had two concerns about this contract. There isn't any language in the contract regarding the amount of time that will be spent on behalf of the City and he felt that it should reference at least a minimum amount of time. His other concern was that he did not have anything to compare the proposal to and he felt that the City should have gotten other proposals. He stated that he could not support the contract. Motion approved by a roll call vote. Ayes -4 Nays -2 Present -1 Burd -aye, Kot -nay, Munns -aye, Spears - present, Anderson -aye, Besco -nay, James -aye Mayor pro tem James asked Attorney Kramer explain Alderwoman Spears "present' ' vote. He explained that a present vote is different than an abstention and is counted toward the majority. The mayor pro tem's vote was needed because less than one half of the aldermen were voting. (Ordinance) 2003 -28 Revised Budget for FY 2002/2003 A motion was made by Alderwoman Spears to approve the ordinance approving the revision of the 2002/2003 Fiscal Budget as presented by the Finance Director; seconded by Alderman Anderson. Motion approved by a roll call vote. Ayes -6 Nays -0 Kot -aye, Munns -aye, Spears -aye, Anderson -aye, Besco -aye, Burd -aye (Ordinance) 2003 -29 2003/2004 Budget A motion was made by Alderwoman Spears to approve an ordinance approving the 2003/2004 Fiscal Budget as presented by the Finance Director; seconded by Alderman Anderson. Motion approved by a roll call vote. Ayes -6 Nays -0 Kot -aye, Munns -aye, Spears -aye, Anderson -aye, Besco -aye, Burd -aye ADDITIONAL BUSINESS None. ADJOURNMENT _ Mayor pro tem James entertained a motion to adjourn. So moved by Alderman Anderson; seconded by Alderwoman Spears. Motion approved by a viva voce vote. Meeting adjourned at 7 :45 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois CITY COUNCIL MEETING April 22, 2003 PLEASE PRINT NAME: ADDRESS: d wiv L- L o L--) 't LL �' ( C it�o 14-# J_ /L=J1c 04_ I ✓ L (- n (k)5G ° 1^ILtCO trl �[ S J �O Y� yc c 0 SIGNIN Memo To: City Council Members 7v�= From: Tony aff on behalf of ayor Prochaska Date: April 18, 2003 Re: Village of Montgomery's request for a Joint Meeting The Mayor received a letter from Village President Marilyn Michellini requesting the to coordinate a joint meeting between both communities. The proposed joint meeting date that was confirmed with her village board was May 28, 2003 at the Bristol Township building. This was one of the meeting dates that were submitted to them by us as a possible date. The Mayor is requesting from you to be prepared to confirm this date and any comments on the conditions or criteria for the meeting to occur. One of the Mayor's concerns is the school transition fee being released to the School District prior to the commencement of this meeting. 1 04/16/2003 13:24 6308960791 MONTGOMERY VILLAGE Village of Montgomery Founded 1833 April 4, 2003 PAGE 02/02 V114ge President Marllyn Michelini Villge Clerk Argo Heinz Keck -"' any Lee ­ - .1 m ann York Mayor Art Prochaska United City of Yorkville 610 Tower Lane Yorkville, IL 60560 Dear Art: I understand that members of our staffs have been working to coordinate a meeting between our two communities. Based on the dates suggested by your staff, I have confirmed with our Board that they are available e to meet on Wed6esday, May 28' at the Bristol Township building. I believe it is in the best interests of both our communities at this time to meet and discuss the various issues affecting the area. I appreciate your.assistance in coordinating this meeting. Sincerely, Marilyn ZThel Village President 1300 S. Broadway • Montgomery, IL 60538 • Phone (630) 896-8080 • Fax (630) 896-0791 www.b.montgomeryJ1.us n From Richard Sticka: The Village of Montgomery has done something that I consider reprehensible. Their Village Board has voted to withhold the fees they have collected on behalf of the Yorkville School District. They stated in a letter sent to the School District that the money would not be disbursed until the City of Yorkville has agreed to a boundary with them. This action of theirs, which I consider to be a.form of extortion, is shameful and wrong. One of their trustees says that our reaction to all this is "laughable," that it is, "nothing about nothing." How do we negotiate with people who have an attitude like that? The money is paid by developers since the homes they are building will be a source of children coming into the schools. Yorkville has had an ordinance in place for many years that currently requires a transition fee of $3000 be paid. Yorkville will not issue a building permit until the developer produces a receipt showing the money has been paid directly to the District. Meanwhile Montgomery is collecting only $1500, paid to them. And now, even though children from their town will be coming to schools in the Yorkville District, they are not even going to transfer that amount unless we on the City Council agree to a boundary with them. What a miserable thing it is to refuse to pay some of the added costs of educating the children from their community until another community does what they demand. The citizens of Yorkville and the surrounding area built the schools and have supported them since the beginning. Now the Village of Montgomery is adding subdivisions that are located in the Yorkville School District. Why should the students from those areas pay half as much as those from Yorkville? It costs no less to provide an education for them. The transition fee is not used for construction of buildings, as some on the Montgomery Village Board think it is. It is used to cover expenses like teacher salaries. The Village Board is now demanding that the District show them what they will be getting for the money paid by developers. Apparently they expect schools to be built in Montgomery. That is not what the money is for. Montgomery now has the right to send children to the schools in Yorkville and Bristol. Helping pay for the cost of doing that is an obligation they must accept without reservation. I have taken a strong position against negotiating a boundary agreement with the Village of Montgomery before they perform four specific actions. They must immediately give the money they have collected to the School District. They must increase the amount of the transition fee to $3000. They must require that the money be paid directly to the schools. They must apologize to the School District, to the City of Yorkville, and to all of the residents and taxpayers in the Yorkville School District. It's a matter of principle that they do these things. Anything less is unacceptable. ME UNITED CITY OF YORKVILLE 1� W-W t RIFIN MrAbbAl Arthur F. Prochaska, Jr., ayor WHEREAS, from the earliest days of our nation's history, the spirit of volunteerism has been reflected in helping neighbors to overcome obstacles; and WHEREAS, the basis for a safe and productive America is the peoples' willingness to work together, without prejudice, to find solutions to our human and social problems; and WHEREAS, the talents and energies of American volunteers to be one of our greatest resources; and continue volunteering renews our connection to our community and builds self-worth and social responsibility in our children; and WHEREAS, experience pro ves that by working together as vo lunteers we can help change the lives of others while changing our k own; and WBEREAS, it is fitting that United City of Yorkville 's citizens honor the people who donate their time, energy and strength to make and our nation a safer and more productive place to our communities live and work; Therefore,, 1 1, Arthur F. Prochaska, Jr., Mayor of the UNITED CITY OF YORKVILLE, proclaim April 27 - May 3, 2002, as VOLUNTEER WEEK in the UNITED CITY OF YORKVILLE, and urge my fellow citizens to join the volunteer effort in our communities by , volunteering and by recognizing those who serve. And furthermore, I proclaim May 3 1 as Volunteer Appreciation Day in Yorkville.. RIFIN MrAbbAl Arthur F. Prochaska, Jr., ayor