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City Council Minutes 2002 05-14-02 i 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. MAY 14.2002., 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 II Burd Present (arrived 7:15) Kot Present Ward III Anderson Present Munns Present Ward IV Besco Present Spears Present OUORUM A quorum was established. - 12- NRODUCTION OF GUESTS ,La;Vor , Prochaska welcomed guests and asked those present to enter their name on the attendance Provided. AMENDMENTS TO THE AGENDA Alderwoman Spears noted that the date was incorrect for the City Council meeting minutes for approval. It should be April 23, 2002. Mayor Prochaska noted that the total amount of the bill list included the elected official's payroll of $20,232.82. This was not a separate item on the agenda. COMMITTEE MEETING DATES Public Works Committee 6:30 P.M., Monday, May 20, 2002 City of Yorkville Conference Room - 800 Game Farm Road Economic Development Committee 7:00 P.M., Thursday, May 16, 2002 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 6:30 P.M., Thursday, June 13, 2002 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M., Thursday, May 23, 2002 City of Yorkville Conference Room 800 Game Farm Road CITIZEN COMMENTS None. PRESENTATIONS Mayor Prochaska thanked Miff Mikkelson, who retired April 30, 2002, for his service to the City of Yorkville. Mayor Prochaska, City Administrator Graff and Public Works Director Dhuse, presented Mr. Mikkelson with a clock in appreciation of his 27 years of dedication to the City. PUBLIC HEARING PC 2002 -08: Scott & Lisa Sleezer, Request to Rezone Mayor Prochaska entertained a motion to enter into a Public Hearing for the purpose of discussing PC 2002 -08: Scott & Lisa Sleezer, petitioners, request to rezone from R -2 to R -2 Special Use for the property located at 632 Heartland Drive in the Heartland Subdivision, in Bristol Township, Kendall County, Illinois. So moved by Alderman Kot: seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes -7 Nays -0 Anderson -aye, Besco -aye, James -aye, Kot -ape, Munns -aye, Spears -aye, Sticka -aye The Minutes of the Regular Meeting of the Citv Council - Mav 14.2002 - Da g&2 City Attorney Dan Kramer explained that a Public Hearing was not needed for the zoning change. A Public Hearing was held by the Plan Commission to discuss the Sleezer's request for a zoning change in order to do an in -home day care center. The notification for this second hearing was published in error so it needs to be held. Otherwise, everything is ready for the ordinance for rezoning to be passed at the next City Council meeting. The floor was opened for questions or comments. There were none. Mayor Prochaska entertained a motion to close the Public Hearing. So moved by Alderman Besco: seconded by Alderman Kot. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, James -aye, Kot -aye, Munns -aye, Spears -aye, Sticka-aye, Anderson -aye PUBLIC HEARING PC 2002 -09; Peter & Cheri LoDestro, Request to Rezone Mayor Prochaska entertained a motion to enter into a Public Hearing for the purpose of discussing PC 2002 -09: Peter & Cheri LoDestro, petitioners, request to rezone from R -2 One- Family Residence District to O Office District. The property is located at 803 N. Bridge Street in the United City of Yorkville, Kendall County, Illinois. So moved by Alderman Sticka: seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -7 Nays -0 James -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye, Anderson -aye, Besco -aye Attorney Kramer stated that again that the Public Hearing Notice was published in error for this rezoning request. This was recommended unanimously by the Plan Commission and the ordinance is ready for approval at the next City Council meeting. The floor was opened for questions or comments. There were none. Mayor Prochaska entertained a motion to close the Public Hearing. So moved by Alderman Munns: seconded by Alderman Anderson. Motion approved by a roll call vote. Ayes -7 Nays -0 Kot -aye, Munns -aye, Spears -aye, Sticka -aye, Anderson -aye, James -aye, Besco -aye PUBLIC HEARING PC 2002- 05:Christopher Valentine, Request to Rezone Mayor Prochaska entertained a motion to enter into a Public Hearing for the purpose of discussing PC 2002 -05: Christopher Valentine, petitioners, request to rezone from Kendall County A -1 Agricultural to United City of Yorkville M -I Light Manufacturing District and B -3 Service Business District. The real property consists of approximately 15.924 acres and is located on the northwest side of Cannonball Trail southwest of the Village of Bristol, Kendall County, Illinois. So moved by Alderman Sticka: seconded by Alderman James. Motion approved by a roll call vote. Ayes -7 Nays -0 Kot -aye, Munns-aye, Spears -aye, Sticka -aye, Anderson -aye, Besco -aye, James -aye Attorney Kramer stated that this rezoning did require a Public Hearing. There are two annexation agreements, one for M -1 zoning on the west side of Cannonball Trail and another for B -3 zoning on the east side of Cannonball Trail. He stated that there will also be two ordinances, one annexing the property and one authorizing the execution of the annexation. Plan Commission recommended this unanimously. The floor was opened for questions or comments. There were none. Mayor Prochaska entertained a motion to close the Public Hearing. So moved by Alderman - Munns: seconded b y Alderman Anderson. � Motion approved by a roll call vote. Ayes -8 Nays -0 Besco -aye, James -aye, Kot aye, Munns -aye, Spears -aye, Sticka -aye, Anderson -aye, Burd -aye PLANNING COMMISSION /ZONING BOARD OF APPEAL /SIGN REVIEW BOARD Alderman Sticka reported on the May 8, 2002 Plan Commission meeting. Items discussed were: • Comprehensive Plan - The Commission unanim ously approved the final draft of the update of the Comprehensive Plan • PC 2001- 18/Wyndham Deerpoint Homes - The Commission voted to reconsider their Minutes of the Regular Meetine of the Citv Council - Mav 14, 2002 - Aage 3 previous actions. The vote to reconsider the rezoning of R -2 was 6 -2 in favor of with one abstention. The vote for R -2 Planned Unit Development (PUD) was 6 -3 in favor. In reconsidering R -21) Duplex, they voted 6 -3 in favor and in voting for the R -21) PUD they voted 7- 2 in favor. The Commission's main concerns were access to the property and the buffering between the property and the neighboring farm. • Final Plat for River's Edge - The Commission voted 9 -0 in favor of the final plat. • Westbury Village - A proposed development, including apartments, on the Undesser property. The Plan Commission viewed the concept plan. They had concerns about high density, small lot sizes and limited open space. One Plan Commission member summed it up by saying that this development threatened the small town atmosphere of Yorkville. The Commission as a whole was not in favor of the concept. Mayor Prochaska added that the Plan Commission had comments on the Comprehensive Plan draft, which he and Mr. Graff would be discussing at a meeting with the planners. MINUTES FOR APPROVAL A motion was made by Alderman Anderson to approve the minutes of the City Council meeting from April 23, 2002: seconded by Alderwoman Spears. 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 5, 2002: seconded by Alderwoman Spears. 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 April 30, 2002 Vendor Invoice Register. Checks in the amount of $203,223.14(vendor), $80,484.58(payroll period ending 4/20/02), 20,232.83 (elected official payroll) for a total of $303,940.54: seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -8 Nays -0 Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Sticka -aye, Spears -aye, Anderson -aye REPORTS ATTORNEY'S REPORT No report. MAYOR'S REPORT Ratify Appointment of Jeff Ackland as Patrol Officer Mayor Prochaska entertained a motion to ratify appointment of Jeff Ackland as a full -time police officer with a one year probationary period with an effective start date of May 8, 2002. So moved by Alderman Anderson; seconded by Alderwoman Spears. Motion approved by a roll call vote. Ayes -8 Nays -0 Spears -aye, Sticka -aye, Anderson -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye Mayor Prochaska, Lieutenant Schwartzkopf and Commissioner Bob Johnson swore in Jeff Ackland as a Patrol Officer. Poppy Days Proclamation Mayor Prochaska read a proclamation (see attached) proclaiming May 16, 17, and 18, 2002 Poppy Awareness Days. He entertained a motion of support for the proclamation. So moved by Alderman Anderson; seconded by Alderwoman Burd. Motion approved by a viva voce vote. Relay for Life Days Proclamation Mayor Prochaska read a proclamation (see attached) proclaiming May 31, 2002 and June 1, 2002 Relay for Life Days. He entertained a motion of support for the proclamation. So moved by Alderman Anderson; seconded by Alderman Kot. Mayor Prochaska commented that he had a team of thirteen entered in the relay and that they were hoping to raise an excess of $2,000.00 as a team. He asked if anyone would like to support them, please see him to make a donation. The Minutes of the Regular Meeting of the Citv Council - Mav 14.2002 - uage 44 Motion approved by a viva voce vote. Reappointment of City Officials Mayor Prochaska asked the Council if anyone was uncomfortable with him reading all the names at one time for a singular vote. There were no objections Mayor Prochaska stated that the following City Officials will be reappointed for the year 2002/2003. City Administrator, Anton Graff, Director of Public Works, Eric Dhuse; Chief of Police, Harold Martin; City Engineer, Joe Wywrot; Finance Director, Traci Pleckham; Building Inspector, William Dettmer; Superintendent of Recreation, Sue Swithin and City Attorney, Dan Kramer. He entertained a motion to approve these reappointments. So moved by Alderman Besco; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes -8 Nays -0 Sticka -aye, Anderson -aye, Besco -aye, Surd -aye, James -aye, Kot -aye, Munns -aye, Spears -aye Reappointment of Deputy Clerk Mayor Prochaska asked City Clerk Milschewski if she recommended Mrs. D'Anna for appointment and she indicated that she did. He entertained a motion to approve the reappointment of Elizabeth D'Anna, as recommended by the City Clerk Jackie Milschewski, as Deputy Clerk in the United City of Yorkville. So moved by Alderman Sticka; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -8 Nays -0 Anderson -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye Reappointment for City Co and Boards Again, Mayor Prochaska asked the Council if anyone was uncomfortable with him reading all the names at one time for a singular vote. There were no objections. Mayor Prochaska entertained a motion to approve the following reappointment recommendations; Plan Commission: Brian Schillinger and Jack Jones; Library Board: Russell Walter, Maryann Wilkinson and Sandy Lindblom; Zoning Board of Appeals: Mike Skinner and Bill Davis; Facade - Program Committee: Thomas Smith. So moved by Alderman Sticka; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -8 Nays -0 Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye, Anderson -aye Zoning Board of Appeals and Facade Program Openings Mayor Prochaska reported that there are two openings on Boards, the Zoning Board of Appeals and the Facade Program Committee. He indicated that he is looking for an individual affiliated with the historical society to fill the opening on the Facade Program Committee. He welcomed any one interested in the positions to contact him. Tri -City Challenge Mayor Prochaska reported that Yorkville is hosting the Tri-City Challenge to take place on May 18, 2002 be ginning at 8:30 A.M with a canoe race from Yorkville to Silver Springs State Park. The race continues from the park with a bike ride into Plano and running to Sandwich. River Clean-up Mayor Prochaska reported that Yorkville High School was sponsoring a river clean up on Saturday, May 18, 2002. They are meeting at Town Square Park. Anyone interested in helping was asked to join them. - CITY CLERK'S REPORT MFT Audit Report City Clerk Milschewski reported on the audit report she received from the Illinois Department of Transportation (IDOT) covering the disbursement of Motor Fuel Tax (MFT) funds for Yorkville for the period beginning January 1, 2001 and ending December 31, 2001. The net balance of MFT funds as of December 31, 2001 was $203,579.65, She entertained a motion to accept the IDOT Audit Report as presented. So moved by Alderman Anderson; seconded by Alderwoman Burd. Motion approved by a roll call vote. Ayes -8 Nays -0 Kot -aye, Munns -aye, Spears -aye, Sticka -aye, Anderson -aye, Besco -aye, Burd -aye, James -aye The Minutes of the Regular Meeting of the Citv Council - Mav 14, 2002 - Mgt 5 Code Book Updates Ms.Milschewski reported that the current updates to the City's Code Book have been received. She advised the Council that anyone needing a book or updates to see Deputy Clerk D'Anna. She indicated that Ms. D'Anna was willing to update the books for the alderman if they would bring them to her in the office. CITY TREASURER'S REPORT Treasurer Bob Allen entertained a motion to approve the Monthly Treasurer's Report for the month of March 2002 as presented. So moved by Alderman Munns; seconded by Alderman Anderson. Treasurer Allen commented that he had a conversation with Mr. Graff regarding one of the funds on the report, the Debt Service Fund. He also discussed this with the auditor, John Weber, who explained that this reflected an interfund transfer that did not take place in March but did take place in April. j Motion approved by a roll call vote. Ayes -8 Nays -0 Munns -aye, Spears -aye, Sticka -aye, Anderson -aye, Besco -aye, Burd -aye, James -aye, Kot -aye CITY ADMINISTRATOR'S REPORT IEPA Public Hearing Mr. Graff reported that Illinois Environmental Protection Agency (IEPA) will be holding a Public Hearing on June 12, 2002 at 7:00 P.M. in reference to the permit for Kendall New Century Development LOC, the proposed Enron project. The City Council approved documents regarding annexation and rezoning approximately eighteen months ago. The IEPA requires a hearing before the construction of the power plant. Mr. Graff reported that he spoke with Enron officials who indicated that the project is still viable. Enron will provide a presentation at the hearing. He recommended that Council attend the presentation. Mayor Prochaska indicated that the hearing is needed to renew their permit for construction since the previous permit has expired. Prairie Parkway Meeting Mr. Graff reported that there is a meeting at the Beecher Center tonight regarding the Prairie Parkway until 8:30 P.M. He recommended that members of the Council try to attend the meeting if the City Council meeting adjourns before 8:30 P.M. FINANCE DIRECTOR'S REPORT No Report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE REPORT Lieutenant Schwartzkopf reported for Chief Martin that May 15, 2002 was Police Memorial Day and he asked that all government agencies, businesses and residents fly their flags at half staff in remembrance of all police officers. COMMUNITY & LIAISON REPORT Park Board Alderman James reported that the Park Board met with the Youth Baseball/Softball Association on May 13, 2002. They discussed the maintenance agreement between the schools, parks and the Association. They came to a verbal agreement to the agreement with the exception of a few line items that need to be corrected and it should be signed in a few days. It was also discussed that in the future they would like the agreement to be more formal and have it look like a lease agreement. Attorney Kramer stated that he has discussed this with the Director of Public Works, Eric Dhuse. He felt that it should be a license type agreement because there are restrictions with some of the land that is jointly owned between the school and the state. This would be better that a lease agreement. Mr. Kramer stated that he would discuss this with the Park Board. Library Board Alderman Sticka reported that he attended the Library Board meeting on May 13, 2002. He stated that they are working on their expansion plans. They have narrowed their list of architects down to three firms and would like to interview them on Saturday, June 29, 2002 in City Hall. Mr. Graff stated that the Library Board contacted him regarding this and he instructed them as to the rules of a public meeting. He told them they would be provided access to City Hall that day. He also instructed them to contact Attorney Kramer as to how to conduct a Public Hearing. OLD BUSINESS None. The Minutes of the Reeular Meetine of the Citv Council - Mav 14.2002 - uaee 6 NEW BUSINESS None. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Smith Engineering Agreement - Rt. 34 & Game Farm Road - Alderman Kot explained that there are three sections to this agreement. Addendum #1- Signal Interconnect A motion was made by Alderman Kot to approve the preliminary engineering services amendment for Motor Fuel Tax Funds between the United City of Yorkville and Smith Engineering Consultants for Rt. 34 and Game Farm Road Signal Project in an amount not to exceed $7,710.00 and authorize the Mayor and City Clerk to execute and sign the agreement along with authorizing the City Engineer to sign the agreement for professional services agreement with Smith Engineering Consultants: seconded by Alderman James. Alderman Kot stated that this project still appeared to be on tract for a fall completion date. Motion approved by a roll call vote. Ayes -8 Nays -0 Burd -aye, James -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye, Anderson -aye, Besco -aye Engineering Agreement for Construction Observation A motion was made by Alderman Trot to approve the preliminary/construction engineering services agreement for Motor Fuel Tax Funds between the United City of Yorkville and Smith Engineering Consultants for Rt. 34 and Game Farm Road Signal Project in an amount not to exceed $14,616.50 and authorize the Mayor and City Clerk to execute and sign the agreement - along with authorizing the City Engineer to sign the agreement for professional services agreement with Smith Engineering Consultants: seconded by Alderwoman Spears. Motion approved by a roll call vote. Ayes -8 Nays -0 James -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye, Anderson -aye, Besco -aye, Burd -aye (Resolution) 2002 -09 MFT Appropriation A motion was made by Alderman Kot to ratify the Motor Fuel Tax Appropriation Resolution #2002 -09 for $37,000.00 for the Rt. 34 and Game Farm Road Project, referred to as section #02- 00028- 00 -TL: seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes -8 Nays -0 Kot -aye, Munns -aye, Spears -aye, Sticka aye, Anderson -aye, Besco -aye, Burd -aye, James -aye Conservation Design Forum - Wetland Issues A motion was made by Alderman Kot to approve Conservation Design Forum as the United City of Yorkville's for professional services for on -going consultation services to review development plans that impact natural areas, in particular jurisdictional and non jurisdictional wetlands as recommended by the City Engineer: seconded by Alderman Besco. Mayor Prochaska commented that the cost of this study will be billed back to the developers the study effects. Motion approved by a roll call vote. Ayes -8 Nays -0 Munns -aye, Spears -aye, Sticka -aye, Anderson -aye, Besco -aye, Burd -aye, James -aye, Kot -aye Purchase of Utilitv Vehicle A motion was made by Alderman Kot to approve the purchase of a John Deere utility vehicle from Elhers Lawn and Recreation of Elburn for a cost not to exceed $5,600.00 and authorizing the use of Land Cash Funds from the Recreation and Parks Department and this purchase was recommended by the Parks and Recreation Board: seconded by Alderman Anderson. The Minutes of the Regular Meeting of the Citv Council - Mav 14.2002 - na%e 7 Motion approved by a roll call vote. Ayes -8 Nays-0 Spears -aye, Sticka -aye, Anderson -aye, Besco -aye, Bmd -aye, James -aye, Kot -aye, Mums-aye Award Walnut Street Bid A motion was made by Alderman Kot to approve the award of the bid for the Walnut Street Roadway Improvement Project to R.A.Ubert Construction, Inc. for the contract amount of $136,573.65 and to authorize the Mayor and City Clerk to execute the contract as recommended by the City Engineer: seconded by Alderman Anderson. Alderman Kot commented that this is probably the worse street in town so it is necessary to stay on track to get this completed this summer. Motion approved by a roll call vote. Ayes -8 Nays-0 Sticka -aye, Anderson -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Spears -aye (Resolution) 2002 -10 Naming pf Heartland Subdivision Park A motion was made by Alderman Kot to approve a Resolution naming Heartland Subdivision Park Emily L. Sleezer Park as recommended by the Parks and Recreation Board: seconded by Alderman Sticka. Mayor Prochaska commented that the park will be named after a local person upon the developer's request and he noted that the City received a letter from Emily Sleezer's parents giving their approval of the naming of the park. Motion approved by a roll call vote. Ayes -8 Nays-0 Anderson -aye, Besco -aye, Surd -aye, James -aye, Kot -aye, Munns -aye, Spears -aye, Sticka-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Approval of Plat of Easement Independence Blvd. A motion was made by Alderman Sticka to approve the plat of easement dedication of Independence Blvd. As recommended by the City. seconded by Alderwoman Burd. Alderman Sticka asked for clarification on this motion. Attorney Kramer stated that the Council approved an ordinance vacating Independence Blvd. and the previous utility easement that was not being used. There was an utility easement in a different area that was dedicated. This is to accept that dedication. Mayor Prochaska stated that it is also a pedestrian easement. Motion approved by a roll call vote. Ayes -8 Nays -0 Besco -aye, Burl aye, James -aye, Kot -aye, Munnsaye, Spears -aye, Sticka -aye, Anderson -aye Building Reports A motion was made by Alderman Sticka to accept the February and March 2002 Building Reports as presented: seconded by Alderman Besco. Motion approved by a viva voce vote. (Resolution) 2002 -11 Final Plat for Menard's Commercial Commons A motion was made by Alderman Sticka to approve the Resolution approving the final plat for Menard's Commercial Commons and authorize the Mayor and City Clerk to execute the said -- documents: seconded by Alderwoman Spears. Motion approved by a roll call vote. Ayes-8 Nays -0 James-aye, Kot-aye, Mums-aye, Spears -aye, Sticka -aye, Anderson -aye, Besco -aye, Burd -aye PUBLIC SAFETY COMMITTEE REPORT River's Edge Railroad Pedestrian Gates A motion was made by Alderman Anderson to approve the installation of pedestrian gates at the railroad crossing located within River's Edge: seconded by Alderman Kot. Alderman Anderson commented that when this item came to the Public Safety Committee, it was the recommendation not to approve the pedestrian gates. He stated that he also had a letter from Attorney Kramer indicating he did not see any further liability to the City by not installing the gates. I Attorney Kramer stated that based on the facts that: • the Illinois Commerce Commission (ICC) did not require the installation of the gates at the time of the Public Hearing • the City has not required pedestrian gates at any other intersections • according to the Tort Immunity Act the city is not required to install the gates there is nothing to create a duty upon the City to do this. Alderman Anderson stated that Chief Martin spoke with the ICC who advised him that the gates _ tend to be more of a nuisance than a help. Attorney Kramer stated that he investigated the issue by reviewing the Illinois Digest, which is a source of case law, to see if there has been any prior reported Illinois Appellate or Illinois Supreme Court decisions imposing a liability on a municipality for failure to require gates and found no reported case in Illinois on pedestrian crossing gates. There has been litigation on road safety devices for years but not on pedestrian devices. Based on this information, he believes there is no liability to the city. Mayor Prochaska stated that liability aside, he reviewed the actual safety the gates do or do not provide. He stated that his first instinct was that the gates should be installed but after doing research on the subject, he feels they may not be as safe as believed. He cited instances of children climbing on the gates or the gates hitting people as they come own. He stated that something should be at the crossing but not necessarily a gaze. Alderman Kot commented that he was surprised at the response from the ICC. They make one statement saying that the crossing may be equipped with pedestrian gates but then they state in a phone call that they don't recommend the gates. He wondered if this was opinion versus liability factors. He stated that this is a unique situation because this is strictly a residential crossing with slow moving trains. He feels the speed of the trains could lead to a false sense of security that there is plenty of time to cross. He felt that the pedestrian gates were a safer option and if they save a life down the line it is worth the installation, Alderman Sticka commented that he felt that children don't pay attention to the gates. He - remembered as a kid playing with crossing gates. He also noted that the crossing will have vehicle gates with bells and lights. No other crossing in Yorkville has this. He felt that there is enough at the intersection to wam people not to cross the track. Alderman James commented that the baseball field at Van Emmon Road is along the same railroad tracks and there is no fence or warning devices in an area where children are playing. He stated that trains come through during the games and while they are still out of town, people are able to hear and feel them coming. He has watched children walk away from the tracks because the train is so massive. He felt that with the vehicle gazes and the noise and vibrations from the train the gates are not going to add any value. Alderman Anderson noted that only two trains come through during the day. He also noted that the City would be responsible for the maintenance of the gates and he believed that the company that did the maintenance was located in Iowa. He did not know what would be involved regarding maintenance. He stated that he could not support the installation of the gates. Alderwoman Burd asked where children would be walking to and from. Attorney Kramer indicated that there were going to be homes on both sides of the tracks. Mayor Prochaska stated ha there are also park sites on both sides. Alderman Kot indicated that ninety homes were going to be on the other side of the tracks. T Alderman Kot commented that currently only two trains come through daily but if the line were sold there could be an increase in train traffic in the future. Alderman Munns commented that he agreed with Alderman Anderson regarding the maintenance of the gates. He also stated that if the gates couldn't be properly maintained, it would be better not to have the gates. Alderwoman Spears commented that maybe the ICC did not recommend the gates in their original documentation because they have documentation on instances of the gates hitting pedestrians and children playing on the gates. She stated that she was against the gates. - _ I The Minutes of the Regular Meetine of the Citv Council - Mav 14, 2002 - uaee 9 Motion defeated by a roll call vote. Ayes -1 Nays -7 Kot -aye, Muffin nay, Spears -nay, Sticka nay, Anderson -nay, Besco -nay, Surd -nay, James -nay March 2002 Police Reports A motion was made by Alderman Anderson to accept the March 2002 Monthly Police Reports as presented: seconded by Alderman Kot. Motion approved by a viva voce vote. ADMINISTRATION COMMITTEE REPORT (Ordinance) 2002 -09 2001/2002 Budget A motion was made by Alderwoman Spears to approve the Budget Ordinance ratifying the Fiscal Year 2002/2003 Budget as presented by the Finance Director: seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -8 Nays -0 Spears -aye, Sticka -aye, Anderson -aye, Besco -aye Burd -aye, James -aye, Kot -aye, Munns -aye Aunroval of YNB Loan A motion was made by Alderwoman Spears to approve the two year installment loan contract in the amount of $113,000.00 with the Yorkville National Bank and authorize the Mayor and City Clerk to sign and execute the loan documents for the purchase for four vehicles and police equipment for outfitting three police vehicles: seconded by Alderwoman Burd. Motion approved by a roll call vote. Ayes -8 Nays -0 Sticka -aye, Anderson-aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Spears -aye Ratifv Lew Modification A motion was made by Alderwoman Spears for the Levy modification as presented by the Finance Director and approved by the City: seconded by Alderwoman Burd. Motion approved by a roll call vote. Ayes -8 Nays -0 Anderson -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye �— (Resolution) 2002 -12 State Income Tax and Photoprocessin lax A motion was made by Alderwoman Spears to approve a Resolution for State Income Tax and Photoprocessing Tax Shared with Municipalities and authorize the execution of the resolution by the Mayor and City Clerk. Furthermore, to forward this resolution to the Illinois General assembly and our state representative and state senator: seconded by Alderman Besco. Mayor Prochaska commented that this resolution would show the City's opposition to the reduction of the Stated Income Tax to municipalities and the removal of the Photoprocessing Tax as income to the city. He reminded the Council that the state is not looking at canceling these taxes but rather just removing them from the City's income. Motion approved by a roll call vote. Ayes -8 Nays -0 Besco -aye, Burd -aye, James -aye, Kot -aye, Muni -aye, Spears -aye, Sticka -aye, Andersen -aye ADDITIONAL BUSINESS Administrator Graff informed the Council that there will be a meeting for the Blackberry Creek Interceptor Project on May 22, 2002 at 7:00 P.M. at the Beecher Center. There will be a small presentation and then tables set up for interviews with the property owners_ They hoped to discuss concerns with the property owner. He indicated that a press release was sent out and he contacted concerned parties regarding the meeting. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Anderson: seconded by Alderwoman Burd. Motion approved by a viva voce vote. Meeting adjourned at 8 :10 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois i CITY COUNCIL MEETING May 14, 2002 i PLEASE SIGN IN! E NAME: ADDRESS: � l c � O 1— �'►rS�r� _ I i SIGNIN `I er �,�,�� • °:y :`P"r _ = . /'p ea i° -� � � �' sz. .,i`t' �"t•`x- a`�'i� ) ii / yyra u e e f G t ��r r � ,:�- '��; { . 1%i ` -� ♦. S." ._ . 1 -'�� .sra { __ `�y",". ' "s^!r ,+ - _ � h'i _+'•4 x��yy tix ieG� - - y . s}y�7 UNITED CITY OF YORKVILLE ll 1 � WHEREAS the American Legion Post #489 and American Legion Auxiliary Unit #489 have for many years engaged in the services to disabled .; e p veterans and their families, and have taken an active part in charitable work " within the community; andY - , WHEREAS, the American Legion and American Legion Auxiliary hold j annual "Poppy Awareness Days" when poppies made by disabled veterans in Illinois hospitals are dispensed publicly for the purpose of raising funds with a , which to carry on their beneficial work; and WHEREAS the one bright color of these war torn areas was the brave little red poppy growing and blooming on the edges of the trenches, in the ragged ?" 3 shell holes, on the graves of those men buried in Flanders Field, with :- remembrances of the cheery bright red flowers returned to America with our �., boys, the poppy becoming the symbol of the dead, their memorial flower, and the sign that the high ideals for which these brave young men gave their lives, still lives; and ' WHEREAS a double significance was attached when disabled veterans { q quickly learned to assemble poppies while growing well again, with the American ;a Legion and Auxiliary being united in their efforts to help the hospitalized veterans':A within our state who make these bright red poppies for distribution, fulfilling a ` _ desperate need, with money taken in over expenses being returned to the veterans .:.; and their families through the service programs; anda g P gT � ' WHEREAS, to Flanders Field we add Pearl Harbor, Korea, Viet Nam, Grenada, Panama, and Persian Gulf War' and ' WHEREAS, the days of May 15, 17, and 18, 2002 have been selected as a "Poppy Awareness Days" in the City of Yorkville to honor our war dead by wearing a poppy; and _ T� r Therefore, 1, Arthur F. Prochaska, Jr., Mayor of the UNITED CITY OF YORKVILLE, do hereby proclaim "Poppy Awareness Days" in the UNITED ' CITY OF YORKVILLE, and request all citizens to observe these days by wearing _ a Poppy and making contributions for this worthy cause. xtt . Dated this 14 day of May, 2002, A.D. -' Arthur F. Prochaska, Jr., Mayor.n" 7. ,A yy P' UNITED CITY OF YORKVILLEy - _- , - �, °,,I Y wdamation � ?e •� sp , L - ��, WIEREAS, the American Cancer Society is an organization = which raises funds to support researchers who are working to find a cure for cancer, which continues to be a leading cause of death; and WHEREAS, that nearly one -third of those who die of cancer could be saved through early detection and treatment; and WHEREAS, that more than one -half of all cancers may be prevented through healthy lifestyle choices, particularly avoiding tobacco and choosing a low -fat', high -fiber diet; and g'. WHEREAS the Mission of the Kendall Unit of the American . Cancer Society is to raise funds to support direct services to local cancer patients and to provide prevention and early detection 3 {' education programs in Kendall County schools and businesses; and WIJEREAS, the American Cancer Society utilizes Volunteers to coordinate and participate in their fundraising efforts so that more � ► ,,,yyy �.5:f, ,Q i am a a = than 75% of the money raised goes - directly to support research, and provide services to cancer victims and their families; and ; a WHEREAS, the City supports the Kendall Unit of the . 4 American Cancer Society in its efforts to raise funds to fight cancer, s ` especially through their annual "Relay for Life," therefore e ° - BE IT RESOLVED E � b O V D THAT I - Arthur F. Prochaska, k - t o as a, Jr., Mayor : •, _q � �., . of The United City of Yorkville d o hereby proclaun May 31, 2002, and June 1, 2002, "Relay For Life" Days in THE UNITED CITY OF YORKVILLE. F =. a Dated this 14' day of May, 2002, A.D. . Arthur F. Prochaska, Jr., Mayor ' - n^ ti `.Ya° 1 S P` .>so-' - _ 1 `if + :'adra - ; e'o'+. .. '.`' �``' � a('- A'ya J � t ~s �.t 3r s ' e've`'L '�: s` i � �` +•- y °r t i y ° , sy ��,'^ ` • • ': f, ' i ro e a ri � t p �� .ti -J o :�i ' ,- yF , 6 ' , *a4 - a$ - aA. `� •. � � ����� 'p � � s'• y+ r - �p �a ?: A . A, Ll��' ., - Y/ � wj � _ _ `, is���`3,G'b,�„ ;r'F W CITY OF YORKVILLE MONTHLY TREASURERS REPORT FOR THE MONTH MARCH AS OF.MARCH 31, 2002 FUND BALANCE REVENUE EXPENSE TRANSFER BALANCE General 848,704.74 906,377.73 398,779.39 0.00 1,356,303.08 Water 157,487.92 73,640.82 65,433.78 0.00 165,694.96 Wtr Impry Exp 102,512.18 42,975.00 46,398.50 0,00 99,088.68 Motor Fuel 224,292.58 20,817.26 3,071.35 0,00 242,038.49 Mun. Bldg. 97,156.52 4,500.00 1,636.29 0,00 100,020.23 Sewer Maint. (89,425.91) 33,162.48 32,429.75 0,00 (88,693.18) Sanitary Sewer 685,361.64 41,289.50 10,855.86_. 0,00 715,795.28 Land Cash 174,026.94 23,510.09 579.67 0,00 196,957.27 Land Aquistion 59,645.72 0.00 0.00 0,00 59,645.72 Working Cash 123,373.53 180.98 0.00 0,00 123,554.51 South Sewer 10,673.50 0.00 0.00 0,00. 10,673.50 Trust & Agency (309,725.23) 155,876.44 182,380.21 0,00 (336,229.00) Debt Service (192,692.15) 10,376.00 28,005.60 0,00 (210,321.75) PD Capital 76,677.97 5,476.99 514.80 0,00 81,640.16 PW Capital 25,444.36 13,500.00 0.00 0,00 38,944.36 TOTAL 1,993,514.31 1,331,683.20 770,085.20 0,00 2,555,112.31 9 Y R4rt J. Allen Treasurer