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
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PRESENTATIONS
None.
CITIZEN COMMENTS
None.
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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.
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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.
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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.
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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.
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-- 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.
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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.
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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.
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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.
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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
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Memo
To: City Council Members
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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