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
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PLEASE SIGN IN!
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NAME: ADDRESS:
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UNITED CITY OF YORKVILLE
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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
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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 ,
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��, 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,
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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 '
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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