City Council Minutes 2002 02-26-02 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, FEBRUARY 26. 2002.
Mayor Prochaska called the meeting to order at 7:00 p.m. and led the Council in the Pledge of
Allegiance.
ROLL CALL
Clerk Milschewski called the roll.
Ward] James Absent
Sticka Present
Ward II Burd Present
_ Kot Absent
Ward III Anderson Present
Munns Present
Ward IV Besco Present (left at 7:55 P.M.)
Spears Present
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 amended the agenda by correcting the time of the March 6, 2002 Special
Administration Committee meeting to 6:00 P.M.
COMMITTEE MEETING DATES
Public Works Committee 6:30 P.M., Monday, March 25, 2002
City of Yorkville Conference Room
900 Game Farm Road
Economic Development Committee 7:00 P.M., Thursday, March 21, 2002
City of Yorkville Conference Room
800 Game Farm Road
Administration Committee 6:30 P.M., Thursday, March 14, 2002
City of Yorkville Conference Room
800 Game Farm Road
Special Administration Committee Meeting
Fiscal 2002/2003 Budget
6:00 P.M., Wednesday, March 6, 2002
City of Yorkville Conference Room
800 Game Farm Road
Special Administration Committee Meeting
Joint Meeting with Park Board
5:00 P.M., Thursday, March 7, 2002
City of Yorkville Conference Room
800 Game Farm Road
Public Safety Committee 6:30 P.M., Thursday, February 28, 2002
City of Yorkville Conference Room
800 Game Farm Road
CITIZEN COMMENTS:
None
PRESENTATION:
School District #115 Superintendent, Dr. Engler, addressed the City Council requesting an
increase to the School Transition Fee. He stated that the last time he was before the City Council
regarding this matter was a few years ago and at that time the agreement was amended and the
School District indemnified the City for it. He stated that he has also approached Montgomery
and Oswego about the increase and both have agreed to it.
The Minutes of the Regular Meeting of the Citv Council - February 26, 2002 - nage 2
Dr. Engler stated that the mayor asked the School District to provide a descriptive analysis of the
fees so he distributed a Transition Fee Evaluation handout to the City Council. He stated that the
district was unable to tell how many children came with each development but that the handout
showed when the fees were received.
Dr. Engler discussed the facts listed on page one of the evaluation. The cost for educating one
child in District #115 is approximately $6800.00 this year. This figure is determined by using a
formula provided by the State of Illinois. The current Transition Fee is $1500.00 /unit and for the
year 2000/2001 there were a total of 210 individual units which paid the fee. For the year
2001/2002 (through February of 2002), there were 185 individual units paid. It costs
approximately $37.77 per day to educate a child in District #115 so the current transition fee of
$1500.00 pays for approximately 40 days of education for one child. The school year is 180 days
per year so the transition fee of $1500.00 is 22% of the cost to educate one child in the district.
He stated that unless a child enters the district 40 days prior to the end of the school year, the
Transition Fee does not meet the cost of educating one child because of the delay in taxes. He
stated that in a perfect world, the Transition Fee would be paid in accordance with the number of
days remaining in the school year for each child new to District #115, and that fee would be paid
at the time of enrollment. Dr. Engler explained that a Transition Fee of $3000.00, double the
current fee, would be closer to the cost of educating about 80% of the children who come in with
new construction. He asked the City Council if they would consider a Transition Fee of
$3000.00. He stated he has spoken with developers and most are in agreement to pay this with or
without the fee. Dr. Engler asked if the Council had any questions for him.
Alderman Sticka expressed his concern that people might feel like they are being doubled tax by
the transition fee and property tames. Alderman Sticka stated that he is not opposed to this
increase but is concerned if someone challenges it. Dr. Engler stated that he had not heard the
double taxing argument before and this fee is low compared to other areas. He stated that there
are fees in some areas as high as $9000.00. Alderman Sticka asked him about Montgomery's
contribution and Dr. Engler stated that they changed their fee to $3000.00 as of the beginning of
the year.
Mayor Prochaska stated that be did not think Montgomery had a transition fee. City Attorney
Dan Kramer explained that Montgomery has a village fee of $2000.00/lot. The village decides
how much and with whom they share the fee. Six school districts, three fire protection districts
and two park districts effect Montgomery. Dr. Engler stated that the district approached
Montgomery with the same agreement that Yorkville has with the district. This agreement
indemnifies the city. He stated that Montgomery has an agreement with the Kaneland school
district, which is considerably different than the one with District #115. This agreement ranges up
to $10,000.00 per lot. Dr. Engler stated that Montgomery does not have one set fee for all six
school districts and each district had to present and justify its fee request to them.
Mayor Prochaska stated that the Council needed to look at the affects of the increase. He stated
that the current fee of $1500.00 was put into place around 1994 and it has been eight years
without an increase. Dr. Engler indicated that in 1994 the cost to educate a student Was $4000.00
and the cost for next year is projected at around $7000.00.
Alderman Munns stated that a quality town needed to have quality schools. He said that he was
for the increase but expressed his concern that waste in the school district be monitored.
Dr. Engler stated that the issue of waste amuses him and if it is there, people have ample
opportunity to show him where it is. He stated that there are more grants and programs being
used now than there were a few years ago.
Dr. Engler explained that the District is to a point where they have to go to a referendum to get
assistance. He was informed that state aid is being reduced. The state feels than it is up to the
community to provide for the schools. If the community does not help itself, state aid is
withdrawn. Currently state aid is down to a little under one million dollars in a twenty -two
million dollar budget. This will drop further next year and the district is one of the few in the
county that has frozen. rates. The district's rates have been frozen since 1998. Because the
district hasn't passed a referendum in twenty -two years the state is not willing to contribute any
additional assistance.
Mayor Prochaska stated that the City Council is asking for an annual report from the district as to
the expenditure of these funds. Dr. Engler stated that the fees go into the General Educational
Fund as directed by the City Council. This fund is used for anything dealing with the students
such as textbooks, teacher's salaries, etc. The transition fees helped to offset the loss of state aid
this past year.
The Minutes of the Regular Meeting of the Citv Council - February 26, 2002 - aa%L3
The Council discussed Yorkville's economic growth, which will bring in funds through retail and
commercial business without an increase in children. Attorney Kramer commented that the
legislature plays a cruel hoax on cities. The first year the revenue comes in from new business it
is wonderful for the school district but once the city is shown to be a more able community and
its Equalized Assessed Value (EAV) goes up, the state lowers the finding because the city is
enterprising. He stated that the legislature should address this because it is not fair to a good
co and it hurts the schools.
Dr. Engler stated that the referendums are the lowest cost referendums that the district has ever
asked for. As the community grows, the new homes and businesses should spread the cost out
over many people. The transition period is what is difficult.
Mayor Prochaska asked how many new children came into the district in the last year. Dr. Engler
stated that enrollment is up 7 %; last year there were approximately 2300 students in the district
and this year there are almost 2500. He stated that new students are coming in each week and the
district did not see the usual exodus of students who move out of the area during the year. People
are moving in the area and staying. The projected growth for next year is 9 to 12 %. He stated
that 200 new children require eight classrooms. He noted that Yorkville High School is a
133,000 square foot building which the district did not get any tax dollars to operate (gas, electric,
teacher salaries, custodial salaries, etc.) because the last referendum didn't pass.
Treasurer Allen told Dr. Engler he appreciated him bringing this information to the City. He
stated that he feels that this is a very important issue and is happy to see the school district and the
city working together.
Mayor Prochaska thanked Dr. Engler for his presentation and stated that the matter would be
discussed at the next Committee of the Whole meeting.
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PLANNING COMMISSION /ZONING BOARD OF APPEAL/SIGN REVIEW BOARD
Alderman. Sticka reported that the Plan Co mmissi on met February 13, 2002 and there was a large
turnout due to five Public Hearings before the Commission. The Public Hearings were as
followed:
• Yorkville Comprehensive Plan - this was tabled until next month
• Wyndam Deerpoint Homes - subdivision on the south side of Yorkville. Property owners
who live nearby expressed their concern. Attorney Dallas Ingemunsen, representing the
Block family, explained that the family had intentions of farming in the area into the
indefinite future and it is concerned about the proximity of so many homes to their farm and
the effects of their agriculture business to the homes. This hearing is to be continued at the
next Plan Commission meeting.
• Marker Associates - Heartland U - the majority of the people present at the meeting were
there to express their concerns about this subdivision. The concerns centered on traffic, lot
size and business zoning. This was also continued.
• Primus Corporation - this agreement was reached a long time ago and will change some
zoning to business in the Fox Hill subdivision in exchange for the developer providing a park
in another location in Yorkville. The hearing was closed and not continued-
0 Bristol Property Annexation & Zoning - the property in question is adjacent to Bristol and
the Amurol property. The request was for annexation along with rezoning from agriculture to
business. Several residents from the Bristol area voiced concerns about noise and the effect
of the rezoning on the wetlands in the area. Some residents felt that they may be forced to
annex to Yorkville. This hearing was closed and not continued.
Alderman Sticka explained that hearings were continued because of the amount of people present
and the limited time to cover the issues. He reported that the Commission is planning two
meetings in March. City Administrator Graff stated that the next meeting was March 13, 2002 at
the Beecher Center to discuss the continued items and another meeting has been scheduled for
March 20, 2002, also at the Beecher Center, to discuss new business. Mayor Prochaska stated that
there might have to be a policy as to how many public hearings can be allowed at a meeting.
— Alderman Sticka further reported that the Plan Commission approved the final plat for Yorkville
Marketplace/Tucker Development and Primus Corporation's request for rezoning. They
discussed the Bristol issue and some members were uncomfortable not knowing the intended use
of the property. The members voted to annex the property but did not vote on the rezoning.
MINUTES FOR APPROVAL
A motion was made by Alderman Anderson to approve the minutes of the City Council meeting
for February 12, 2002; seconded by Alderwoman Spears.
Motion approved by a viva voce vote.
The Minutes of the Regular Meeting of the Citv Council - February 26, 2002 - naLye 4
A motion was made by Alderman Anderson to approve the minutes of the Joint Meeting of the
Plain. Commission and City Council for January 30, 2002; seconded by Alderwoman Burd.
Motion approved by a viva voce vote.
BILLS FOR APPROVAL
A motion was made by Alderwoman Spears to approve the bills from the bill list dated February
22, 2002. Checks in the amount of $382,426.91(vendor), $87,957.03(payroll period ending
219102) total $470,383.94: seconded by Alderman Munns.
Motion approved by a roll call vote. Ayes -6 Nays -0
_ Besco -aye, Burd -aye, Munns -aye, Sticka -aye, Spears -aye, Anderson -aye
REPORTS
ATTORNEY'S REPORT
No report.
MAYOR'S REPORT
Proclamation for the Golden Diners
Mayor Prochaska reported that the City has been asked by the Salvation Army Golden Diners to
make a proclamation regarding the month of March, in particular the week of March 11' through
March 15''' which is "The Salvation Army Golden Diners Tri- County Senior Nutrition Week ".
Mayor Prochaska read the proclamation to the City Council (see attached copy).
Mayor Prochaska entertained a motion to approve the proclamation. So moved by Alderman
Sticka; seconded by Alderman Anderson.
I
Motion approved by a viva voce vote
Mavor Pro -Tem Annointment
Mayor Prochaska reported that this item had been placed on his report and that there was a
question about appointing one of the Council Mayor - Pro -Tem. In the past, someone had been
appointed for the fiscal year and he did not believe the Council had done it this year. He also
stated that a policy should be created to deal with this on a regular basis.
Alderman Sticka stated that Alderman Kot had been Mayor Pro -Tem a few times and as he was
not present to defend himself it might be better to make the decision when he is present.
Mayor Prochaska stated that this could be discussed at a later date.
Recommendation for Deputy Clerk Aanointment
Mayor Prochaska reported that City Clerk Jackie Milschewski had recommended the appointment
of Elizabeth D' Anna as Deputy City Clerk Mayor Prochaska entertained a motion to approve the
appointment. So moved by Alderman Anderson; seconded by Alderwoman Spears.
Motion approved by a roll call vote. Ayes -6 Nays -0
Spears -aye, Sticka -aye, Anderson -aye Besco -aye, Burd -aye, Munns -aye
Coffee with the Mavor
Mayor Prochaska reported that Saturday, March 2, 2002 "Coffee with the Mayor" would be held
at Tru-Value Hardware in Countryside Center from 8:30 A.M. to 11:00 A.M.
Yorkville High School Bovs Basketball
The Mayor congratulated the Yorkville High School Boys Basketball for making it into the
sectionals.
CITY CLERK'S REPORT
City Clerk Milschewski reported on Audit Report No. 52 dated February 5, 2002 she received
from the Illinois Department of Transportation regarding Motor Fuel Tax Funds (WT). The
audit showed an unexpended balance of $187, 196.67 as of December 31, 2000.
Mayor Prochaska entertained a motion to accept the audit. So moved by Alderwoman Spears;
seconded by Alderman Anderson.
Motion approved by a roll call vote. Ayes -6 Nays -0
Spears -aye, Sticka -aye, Anderson -aye Besco -aye, Burd -aye, Munns -aye
The Minutes of the Regular Meeting of the Citv Council - February 26, 2002 - page 5
CITY TREASURER'S REPORT
City Treasurer Allen entertained a motion for the approval of the Monthly Treasurer's Report for
the month of January 2002 as presented. So moved by Alderman Anderson; seconded by
Alderman Munns.
Motion approved by a roll call vote. Ayes -6 Nays -0
Munns -aye, Spears -aye, Sticka -aye, Anderson -aye Besco -aye, Burd -aye
CITY ADNIEStWRATOR'S REPORT
Administrator Graff reported that the new Walgreens store would be opening March 5, 2002 and
that the Hair Place is now opening and haircuts are only $2.99.
FINANCE DIRECTOR'S REPORT
No report.
DIRECTOR OF PUBLIC WORKS REPORT
No report.
CHIEF OF POLICE REPORT
Polar Plume
Chief Martin reported that the Special Olympics Polar Plunge was being held Saturday, March 2,
2002. He reported that Officer Greg Sibenaller was participating and he thanked everyone for his
or her donations.
Respect for Law
Chief Martin reported that the Respect for Law Banquet was being held on March 2, 2002 at the
Oswego Knights of Columbus. The banquet starts at 6:00 P.M. and is $25 /person. One of the
Yorkville Police officers was receiving an award.
Sauad Accident
Chief Martin reported that a squad car was involved in an accident on Saturday, February 23,
2002. The officer sustained a minor injury to his knee and will be returning to work,
Oral Interviews
Chief Martin reported that the oral interviews for new applicants have been completed. A
temporary list for the hiring process will be posted March 4, 2002. On March 10, 2002, the Fire
&. Police Commission will hold oral interviews for lieutenant.
COMMUNITY & LIAISON REPORT
No report.
OLD BUSINESS
Alderwoman Spears and Mayor Prochaska called the Council's attention to the new City Flag
hanging in the Council Chamber. Alderman Sticka suggested having the flag pressed and
mounted flat on the wall rather than hanging it from a staff so the details would be more visible.
Alderwoman Spears reported that the flag is now available for sale at a special rate of $65 /flag
until May 1, 2002. Anyone interested in one should contact City Hall. The mayor thanked
Alderwoman Spears for her dedication and hard work in getting this project done.
Mayor Prochaska reported that he and Mayor Roberts of Plano met with MOT on February 25,
2002. Representatives Tom Cross and Patricia Lindner, Tony Graff and Plano City staff also
attended the meeting.. They discussed where IDOT was with road projects in the area. The need
for work on Route 34 west of Yorkville was also discussed and the importance of it stressed.
Currently, this is not on IDOT's program. IDOT stated that they are working on finding funding
for the Route 47 project and they currently have their consultants working on the secondary
engineering for it
NEW BUSINESS
City Treasurer Allen asked about the sign ordinance and whether the sign for York Meadows
Apartments complies. This was discussed at a previous City Council meeting. Alderwoman
Spears stated that the sign is in compliance. Mr. Allen then asked if the sign for the Hair Place on
Route 34 was in compliance. The Mayor indicated that the ordinance does allow for temporary
signs but he would check with building inspector Bill Dettmer if they were in compliance.
Alderman Munns questioned the amount of campaign signs along Route 47 north of Yorkville.
He commented that they are unsightly. Mayor Prochaska stated that Mr. Dettmer has looked into
this and it falls under freedom of speech. Attorney Kramer indicated that Route 47 was a
The Minutes of the Reuular Meetine of the City Council - February 26.2002 - DaLye 6
State highway and it would be up to them to address the situation. Also, he has found
information, which states that the city can't take signs out of the city's right a way.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
Fox Industrial Park - Construction Contract
A motion was made by Alderman Besco to award the bid to Aurora Black Top in the amount of
$618,866.35 for the Fox Industrial Park construction project and to authorize the Mayor and City
Clerk to execute the contract contingent upon the approval of the alternate revenue bonds;
seconded by Alderman Sticka.
Motion approved by a roll call vote. Ayes -6 Nays -0
Sticka-aye, Anderson -aye, Besco -aye Burd -aye, Munns -aye, Spears -aye
New Six Wheeler /5 -Yard Truck Proposal
A motion was made by Alderman Besco to approve the purchase order to order a new
International Truck Model 7400 per State of Illinois Bid #211124 Contract not to exceed State
price of $ 73,000,00; seconded by Alderman Sticka-
Mayor Prochaska indicated that the price on the motion sheet was incorrectly stated as
$57,840.00 and that $73,000.00 was the correct price.
Motion approved by a roll call vote. Ayes -6 Nays -0
Anderson -aye, Besco -aye, Burd -aye, Munns -aye, Spears -aye, Sticka-aye
Metra Phase II Fee for Budget Fiscal Year 2002/2003
A motion was made by Alderman Besco to approve the Metra Phase H Study for a price not to
exceed $4,000.00 for FY2002/2003; seconded by Alderman Sticka.
Motion approved by a roll call vote. Ayes -6 Nays -0
Besco -aye, Burd -aye, Munns -aye, Spears -aye, Sticka -aye, Anderson -aye
Route 47 Widening - Temporary Easement
A motion was made by Alderman Besco to approve a temporary easement for Route 47, the
entire frontage of Town Square Park, with Illinois Department of Transportation and authorize
the Mayor to sign the agreement; seconded by Alderman Sticky
Alderman Besco indicated that the easement was for utility work and Mayor Prochaska indicated
that this was for a construction easement so that IDOT could come onto City property during
construction.
Motion approved by a roll call vote. Ayes -6 Nays -0
Burd -aye, Munns -aye, Spears -aye, Sticka -aye, Anderson -aye, Besco -aye
Cimarron Ridge Unit 2 - Final Acceptance
A motion was made by Alderman Besco to approve Cimarron Ridge Unit 2 final acceptance as
presented by the City Engineer, seconded by Alderman Sticka-
Motion approved by a roll call vote. Ayes -6 Nays -0
Munns -aye, Spears -aye, Sticka -aye, Anderson -aye, Besco -aye, Burd -aye
ECONOMIC DEVELOPMENT COMMITTEE REPORT
ADDroval Final Plat for Yorkville Market
_ Place/Tucker Develooment
A motion was made by Alderman Sticka to approve the Final Plat for Yorkville Market Place,
Tucker Development as recommended by the City Engineer; seconded by Alderwoman Spears.
Motion approved by a roll call vote. Ayes -5 Nays -0
Munns -aye, Spears -aye, Sticka-aye, Anderson -aye, Burl aye
PUBLIC SAFETY COMMITTEE REPORT
(Ordinance) 2002 -1 Solicitation Ordinance
A motion was made by Alderman Anderson to approve an Ordinance amending Title 3, Chapter 7
of City Code of the United City of Yorkville, An Ordinance regulating Solicitor, Hawkers, and
Itinerant Merchants; seconded by Alderwoman Burd.
-1
n
The Minutes of the Regular Meeting of the Citv Council - February 26, 2002 - Daie 7
Motion approved by a roll call vote. Ayes -5 Nays -0
Munns -aye, Spears -aye, Sticka -aye, Anderson -aye, Surd -aye
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ADMINISTRATION COMMITTEE REPORT
Hitchcock Design GrouD -
Park/Recreation Facilitv Planner Contract
Alderwoman Spears stated that she thought the City was going to get other pricing from other
venders. Mr. Graff stated that there was no hourly rate available and land planner, Mike Shoppe,
stated that the pricing that was presented was within industry standards. Alderwoman Spears
indicated that the Park Board was in favor of this firm- Mayor Prochaska stated that the Park
Board went through an interview pr ocess before making the recommendation to the Council.
A motion was made by Alderwoman Spears to approve Hitchcock Design agreement for services
relating Park Design; seconded by Alderman Mumis.
Mayor Prochaska asked if there was a contract for this and Mr. Graff stated that there is an
agreement subject to the determination of the client representative.
Motion approved by a roll call vote. Ayes -5 Nays -0
Spears -aye, Sticka -aye, Anderson -aye, Burd -aye, Munns-aye
ADDITIONAL BUSINESS
None.
EXECUTIVE SESSION
Mayor Prochaska entertained a motion to go into executive session for the purpose of discussing
pending litigation. He asked that the Public Works Director, City Clerk, City Administrator, City
Attorney and City Treasurer be included in the session. He asked for a five - minute recess and
explained that no action would be taken after the session. So moved by Alderman Anderson;
seconded by Alderwoman Spears.
Motion approved by a roll call vote. Ayes -5 Nays -0
Sticka -aye, Anderson -aye, Burd -aye, Munns -aye, Spears -aye
The Council returned to the City Council Chamber and Mayor Prochaska entertained a motion to
return to regular session. So moved by Alderman Sticka; seconded by Alderman Munns.
Motion approved by a roll call vote. Ayes -5 Nays -0
Burd -aye, Munns -aye, Spears -aye, Sticka -aye, Anderson -aye
Mayor Prochaska indicated that there will be no action taken on the Executive Session at this
time.
ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Sticka; seconded by
Alderwoman Spears.
Motion approved by a viva voce vote.
Meeting adjourned at 8:25 P.M.
Minutes submitted by:
Jacquelyn Milschewski, City Clerk
City of Yorkville, Illinois
i
I
CITY COUNCIL MEETING
February 26, 2002
PLEASE SIGN IN!
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THEREFORE, the UNITED CITY OF YORKVILLE proclaims the mont h of March,
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ARMY GOLDEN DINERS TRI-COUNTY SENIOR NUTRITION WEEK" in the UNITED
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CITY OF YORKVILLE.
Passed this
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ARTHUR F. PROCHASKA, Jj-
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NI M SCHEWSKI City Clerk
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