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City Council Minutes 2001 12-13-01 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 THURSDAY. DECEMBER 13.2001. 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 I James Present Sticka Present Ward 1I Burd Present Kot Present Ward 111 Anderson Present Munns Absent Ward IV Besco Present Spears Present QUORUM 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 Alderman Kot amended the agenda tabling item #6 under the Public Works Committee Report and stated that item #1 under the Economic Development Committee Report should be a Public Works Committee item_ Chairman of the Economic Development Committee, Alderman. Sticka, agreed- Mayor Prochaska tabled item #4 of the Economic Development Committee, the Oswego/Yorkville Boundary agreement. He stated that the copies of the agreement in the Council's packets were missing pages 4 and 5. Complete copies were received earlier that day and he asked the Council to look at them. Alderman Kot asked if the Council would get copies of the maps that are referred to as exhibits in the agreement. Mayor Prochaska stated that he had a rough copy of the map and could provide it to anyone interested. Mayor Prochaska asked that this item be brought up at the December 20, 2001 Committee of the Whole meeting. COMIMffTTEE MEETING DATES Public Works Committee 6:30 P.M., Monday, December 17, 2001 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Tuesday, December 18, 2001 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M., Wednesday, December 26, 2001 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 6:30 P.M., Thursday, January 10, 2002 City of Yorkville Conference Room 800 Game Farm Road CITIZEN COMMENTS No comments. PUBLIC HEARING NOA Vacate Independence Boulevard Mayor Prochaska entertained a motion to go into a public hearing for the purpose of Petition to Vacate: Petitioners, Gail Fisher, Diane Conover, Gary Conover, Delores Lies, and John Conover seeking to vacate Independence Boulevard north of it's intersection at John Street to it's northern terminus. The property is located in the Cimarron Ridge Subdivision, Yorkville, Kendall County, Illinois. So moved by Alderman Sticka; seconded by Alderman Kot. The Minutes of the Regular Meeting of the Citv Council - December 13.2001- Da eL22 Motion approved by a roll call vote. Ayes -7 Nays-0 Anderson -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Spears -aye, Sticka-aye Attorney Dan Kramer stated that a Public Hearing is needed because the petitioners have asked the City of Yorkville to vacate Independence Boulevard where it dead -ends into property that will be developed as cominercial. He stated that usually when a city vacates a street, it gets divided down the middle with half going to the property owners on either side. However, in this case, the petitioners will own the east half and the city will have the west half. - There were no comments from the audience or Council. Mayor Prochaska entertained a motion to close the Public hearing_ So moved by Alderman Sticka;, seconded by Alderman Kot. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Burd -aye, James -aye, Kot -aye, Spears -aye, Sticka -aye, Anderson -aye PUBLIC HEARIN NO.2 PC2001 -19 Fox River Estates Mayor Prochaska entertained a motion to go into Public Hearing for PC2001 -19 Fox River Estates: Amendment to their Planned Unit Development (PUD) Agreement to change the Name to River's Edge. So moved by Alderman Sticka; seconded by Alderman Anderson. Motion approved by a roll call vote. Ayes -7 Nays -0 Anderson -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Spears -aye, Sticka -aye Mayor Prochaska stated that the City is seeing developers start out with one name for their development and then change it as time progresses. The City has requested that the name change be done formally to avoid confusion. There were no comments from the audience or Council. Mayor Prochaska entertained a motion to close the Public hearing. So moved by Alderman Sticka; seconded by Alderman Anderson. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Surd -aye, James -aye, Kot -aye, Spears -aye, Sticka-aye, Anderson -aye PUBLIC HEARIN NO.3 PC 2001 -18 Fox Hi ghlands Mayor Prochaska entertained a motion to go into Public Hearing for PC 2001 -18 Fox Highlands: Amendment to their Planned Unit Development (PUD) Agreement. So moved by Alderman Sticka; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -7 Nays -0 Anderson -aye, Besco-aye, Burd -aye, James -aye, Kot -aye, Spears -aye, Sticka -aye Mayor Prochaska stated that this Public Hearing is tabled because the developer is in the process of acqu more land. He reported that the developer was at the Plan Commission meeting December 12, 200I with the concept plan, which included the additional acreage. Administrator Graff stated that the developer would be coming back to the City with a new concept plan and an annexation agreement. Attorney Kramer recommended the Public Hearing being tabled until after the next Plan Commission meeting. Mayor Prochaska :,d.;,.U...ed a motion to table the Public Hearing for PC 2001 -18 Fox Highlands until the January 22, 2002 City Council meeting. So moved by Alderman Sticka; seconded by Alderman Anderson. Motion approved by a roll call vote. Ayes -7 Nays -0 Spears -aye, Sticka -aye, Anderson -aye, Besco -aye, Burd -aye, James -aye, Kot -aye PLANNING COMMISSION /ZONING BOARD OF APPEAL /SIGN REVIEW BOARD Alderman Sticks reported that the developer for Fox Highlands presented a concept plan to the Plan Commission at its December 12, 2001 meeting. The Commission had some general questions and concerns for the developer, one being the location of duplex units. The developer The Minutes of the Regular Meeting of the Citv Council - December 13.2001- na eL33 has acquired additional property and the concept showed sites for a school and park Alderman Sticka felt the concept was acceptable to the Plan Co MINUTES FOR APPROVAL Mayor Prochaska entertained a motion to approve the City Council meeting minutes from November 8, 2001 and November 29, 2001 and the Committee of the Whole meeting minutes from November 15, 2001. So moved by Alderman James; seconded by Alderwoman Burd. Motion approved by a viva voce vote. SILLS FOR APPROVAL A motion was made by Alderwoman Spears to approve the bills from the bill list dated December 10, 2001. Checks in the amount of $104,160.92(vendor), $84,592.64(payroll period ending 12/01/01) total $188,753.56: seconded by Alderwoman Anderson. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Burd -aye, James -aye, Kot -aye, Spears -aye, Sticka. -aye, Anderson -aye REPORTS ATTORNEY'S REPORT No report. MAYOR'S REPORT 2002 Meetin Dates Mayor Prochaska stated that the list of meeting dates for 2002 was not completed yet but the Council would have them by the next City Council meeting. Golden Diners Contract Mayor Prochaska reported that this is the basic agreement the City has had with the Golden Diners in the past. He stated that Sue Swithin with the Park Board indicated that they approved it. Mayor Prochaska entertained a motion to approve the contract with the Golden Diners and authorize himself and the City Clerk to sign it on behalf of the United City of Yorkville. So moved by Alderwoman Spears; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -7 Nays -0 Sticka -aye, Anderson -aye, Besco -aye, Burd aye, James -aye, Kot -aye, Spears -aye Coffee with the Mavor Mayor Prochaska reported that on Saturday, December 15, 2001 he would be having a "Coffee with the Mayor" at Freeman Sports on East Hydraulic Street. He welcomed anyone interested to stop by between 8:30 A.M. and 11:00 A.M. Prairie Parkwav Proiect Mayor Prochaska stated that he supports the Prairie Parkway Project because he feels there is a need to find a transportation route to the area. He asked the Council to put the project on the Committee of the Whole meeting agenda for December 20, 2001 so they could discuss it along with a resolution of support for it. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT Treasurer Allen requested a motion for the approval of the monthly Treasurer's Report for October 2001 as presented. So moved by Alderman Anderson; seconded by Alderman Kot. Treasurer Allen commented that the City experienced over a million dollars in revenue. He felt that the report reflected impressive numbers indicating the growth of the community. Motion approved by a roll call vote. Ayes -7 Nays -0 Spears -aye, Sticka aye, Anderson -aye, Besco -aye, Burd aye, James -aye, Kot aye CITY ADMINISTRATOR'S REPORT No report. The Minutes of the Regular Meeting of the City Council - December 13.2001- nape 4 CHIEF OF POLICE REPORT Job Applications Chief Martin reported that seventeen applications have been taken out for the two positions open in the Police Department. Applications will be accepted until December 28, 2001. Defibrillators Chief Martin reported that the Police Department would be receiving two defibrillators from Edwards Hospital on December 18, 2001. He also stated that the PD has applied for two more units from the Illinois Department of Public Health through a grant that Alderwoman Spears discovered The first two units will be placed in a squad and at the Beecher Center. Any other units that the PD receives will be placed in additional squads. Mayor Prochaska discussed the training that Edwards Hospital would be providing for the defibrillators and asked if it would be possible to set up community training. Chief Martin stated that further training sessions could be set up with the officers who have completed training conducting the sessions. Mayor Prochaska thanked Alderwoman Spears for her help in finding the grant for more units. DIRECTOR OF PUBLIC WORKS REPORT No report. COMMUNITY & LIAISON REPORT School Board Meeting Alderwoman Spears reported that she attended the School Board Meeting on December 10, 2001. She stated that they nominated a representative to the Plan Commission, Michael Crouch. She stated that the Board decided that since the Plan Commission did not meet every month that they would not place the representative's report on their meeting agenda If there was something for the representative to report, the information would be given to Dr. Engler and he would add it to the agenda as needed. They also requested minutes from the Plan Commission meeting. Alderwoman Spears reported that Dr. Engler stated that the School District received a check in the amount of $5,000.00 from Amurol. This was for a grant that Administrator Graff worked on and it is to be used for technology. Administrator Graff stated that the funds are to go to the Middle School Technology Lab. Alderwoman Spears thanked Administrator Graff for his help in getting the funds. Mayor Prochaska stated that the School Board representative would receive copies of the Plan Commission minutes. He also stated that the Plan Commission meets monthly and Alderman Spears said she would clarify this with the Board- Alderwoman Spears also reported that the School Board was going to contact Chris Rollins to see if he still wants to be the liaison between the School Board and Parks & Recreation. Library Board Alderman Sticka reported that the Library Board has been working with a consultant to determine what their needs would be in regards to the library's expansion. They received the consultant's report that and found it was extremely thorough_ It recommended a substantial increase in the size of the library along with some other things. The Library Board will be looking for an architect to guide them in how the project could proceed in phases and they are also looking at how to finance the project. Human Resource Commission Mayor Prochaska reported that HRC is looking at taking over the Christmas trees, which are donated and decorated in the downtown. Donations have fallen and they would like to see this continue because the trees are donated to needy families. Alderwoman Spears commented that six trees were still available if anyone knew of a family who may need a tree. Yorkville Economic Development Corporation Mayor Prochaska reported that he attended the YEDC meeting on December 12, 2001. He stated that the organization is up to 68 members. In the YEDC's original by -laws, there were to be up to thirteen executive board members and they now have twelve. They will be looking at the by- laws to see if they want to fill the position. He also reported that the group voted unanimously for a resolution of support for the Prairie Parkway. They will be sending a letter stating their support to IDOT. The Minutes of the Regular Meeting of the Citv Council - December 13, 2001- ua%e 5 OLD BUSINESS None. NEW BUSINESS Mayor Prochaska stated that he had a few copies of maps showing the redistricting for the representatives. Administrator's Assistant, Holly Baker, found the information on the Internet COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Fox hlands - Bond Reduction #1 A motion was made by Alderman Kot to reduce the subdivision performance bond for Fox Highlands Subdivision from $487,289.00 to $173,146.95 as recommended by the City Engineer, seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes -7 Nays -0 Spears -aye, Stick"e, Anderson -aye, Besco -aye, Burd -aye, James -aye, Kot -aye Prairie Gardens - Letter of Credit Reduction #2 A motion was made by Alderman Kot to reduce the letter of credit reduction #2 by the amount of $264,282.51 for Prairie Gardens as recommended by the City Engineer; seconded by Alderman Sticky Motion approved by a roll call vote. Ayes -7 Nays -0 Spurs -aye, Sticka -aye, Anderson aye, Besco -aye, Burd-aye, James aye, Kot aye (Resolution) 2001 -64 1DOT Joint Agreement for Route 34 Improvements A motion was made by Alderman Kot to approve the joint agreement #J -N 302004 with Illinois Department of Transportation and the United City of Yorkville and authorize the Mayor and City Clerk to execute the said agreement; seconded by Alderman Sticka. Mayor Prochaska clarified that this agreement was for improvements for the areas of Route 34 from Route 47 to where Countryside Parkway will extend and Route 47 from Route 34 to Kennedy road. Alderman Kot stated that this agreement supercedes the previous agreement passed in the spring of 2001. I Administrator Graff commented that City Engineer, Joe Wyrot, stated that Tucker Development Corporation was in agreement with agreement. Motion approved by a roll call vote. Ayes-? Nays -0 Sticka-aye, Anderson -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Spears -aye (Resolution) 2001 -60 Fox Industrial Park Resolution of Intent A motion was made by Alderman Kot to approve the Resolution of Intent and revoking Resolution #2001 -38 for the Fox Industrial Park Motor Fuel Tax Project; seconded by Alderman Sticka. Admimstrator Graff noted that the Council should have a revised copy of the Resolution dated 12/12/01. He commented that Financial Director, Traci Pleckham, met with the Motor Fuel Tax auditors_ Due to a discussion she had with them, Item #6 of the original Resolution was removed. The item was removed so that the City would not be required to stay with MFT funds alone for payment. The City is planning to use Tax Increment Financing (TIF) funds to pay for the improvements. Treasurer Allen questioned if Mrs. Pleckham was on the City payroll. Administrator Graff explained that she has not officially started her term but part of her employment agreement with the City was that she would be on call before her start date to participate in orientation. Mr. Allen expressed his concern regarding Mrs. Pleckham acting as an agent for the City since her employment hasn't begun and she is not bonded yet. Attorney Kramer stated that she was already appointed to the position so that as of that date she would be covered by the City's bond. Mr. Graff clarified that he had not discussed this with the City's bonding people and Attorney Kramer stated that he would question them but felt that everything was in order. Mr. Graff clarified that Mrs. Pleckham was not acting as an agent for the City. She attended the meeting, along with other members of the City's staff with IDOT as part of her orientation. The Minutes of the Regular Meeting of the Citv Council - December 13, 2001 - uaU 6 Mr. Allen asked if Mrs. Pleckham had met with the individual employed by the State who recommended against using MFT funds for this purpose because the level of MFT revenue may vary substantially making it difficult to repair the roads, as we need to. Mr. Graff stated that she had not met with this person. Mayor Prochaska stated the use of NET funds had been thoroughly discussed by the Council. He stated that Mrs. Pleckham recommended eliminating the idea that only NET funds had to be used for payment. She pointed out that the original wording might be interpreted that the City would always have to use that amount and as the TIF grew they might not recognize the TIF funds. Mr. Graff clarified that Mrs. Pleckham made the recommendation for the change to him and he then spoke to the IDOT auditors about it. Mayor Prochaska stated for the record that he did not believe that anyone from IDOT made a recommendation to the City Council not to use MFT fends. Treasurer Allen asked Mr. Graff to clarify that the meeting he was discussing was with IDOT auditors and that this meeting had to do with how the proposal will proceed as far as the funding. Mr. Graff stated Mr. Allen was correct; the meeting was with IDOT auditors and its purpose was to set up the mechanism used by the City to track and pay for the project and to discuss how the project will meet MFT standards. Motion approved by a roll call vote. Ayes -7 Nays -0 Anderson -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Spears -aye, Sticka -aye (Resolution) 2001 -61 Route 34 and Game Farm Road Traffic Si A motion was made by Alderman Kot to approve the Resolution of Intent for the Route 34 and Game Farm Road traffic signal project with Illinois Department of Transportation; seconded by Alderman Anderson. Alderman Kot commented that this project was something the City was working on for some time and he was pleased that it was moving ahead. He asked Attorney Kramer to clarify if the proposal with Smith Engineering should also be approved. Mr. Graff clarified that the Council had already passed the proposal. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Burl aye, James -aye, Kot -aye, Spears -aye, Sticka-aye, Anderson-aye Cimarron Ridge - Letter of Credit Reduction & Close Out A motion was made by Alderman Kot to table the Cimarron Ridge - Letter of Credit Reduction and close out; seconded by Alderman Anderson. Motion approved by a roll call vote. Ayes -7 Nays-0 Burd -aye, James -aye, Kot-aye, Spears -aye, Sticka-aye, Anderson -aye, Besco -aye (Ordinance) 2001 -55 Vacate Independence Boulevard A motion was made by Alderman Kot to approve an Ordinance to vacate Independence Boulevard; seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes -7 Nays-0 James -aye, Kot -aye, Spears -aye, Sticka -aye, Anderson -aye, Besco -aye, Burd -aye ECONOMIC DEVELOPMENT COMMITTEE REPORT (Resolution) 2001 -62 PC2001 -19 Fox River Estates PUD Amendment A motion was made by Alderman Sticka to approve the Resolution amending the Planned Unit Development Agreement for PC2001 -19 Fox River Estates for a name change to River's Edge; seconded by Alderman. Besco. Motion approved by a roll call vote. Ayes -7 Nays -0 Kot-aye, Spears -aye, Sticka -aye, Anderson -aye, Besco -aye, Burd -aye James -aye September and October Building Reports A motion was made by Alderman Sticka to accept the September and October 2001 Building Reports as presented; seconded by Alderman Besco. Motion approved by a viva voce vote. The Minutes of the Regular Meeting of the Citv Council - December 13.2001- Date 7 PUBLIC SAFETY COMMITTEE REPORT October Police Deuartment Reuort A motion was made by Alderman Anderson to accept the October 2001 Monthly Police Report as presented, seconded by Alderwoman Spears. Motion approved by a viva voce vote. Purchase Portable Scales A motion was made by Alderman Anderson to purchase two sets of portable scales from Abacus Scales for the amount not to exceed $12,100.00; seconded by Alderwoman Spears. Mayor Prochaska commented that according to the test use the City had, the scales should pay for themselves and keep the community safer. Motion approved by a roll call vote. Ayes -7 Nays -0 Anderson -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Spears -aye, Sticka-aye Fox Road & Kennedv Road Traffic Studv A motion was made by Alderman Anderson to approve the engineering study being conducted by Smith Engineering for Fox Road and Kennedy Road for an amount not to exceed $4,780.00; seconded by Alderman Besco. Alderman Sticka questioned if Smith Engineering was considering traffic counting methods. Administrator Graff stated that City staff was meeting with the engineers and would address this. Alderman Sticka stated that he would encourage the study to include this. Alderwoman Spears asked what the specific revisions had been to the proposals since it states it was revised December 10, 2001. Mayor Prochaska stated that a revision had been made to the first paragraph. Motion approved by a roll call vote_ Ayes -7 Nays -0 Besco -aye, Burd -aye, James -aye, Kot -aye, Spears -aye, Sticka -aye, Anderson-aye ADMINISTRATION COMMITTEE REPORT (Ordinance) 2001 -56 2001 Tax Lew A motion was made by Alderwoman Spears to approve an Ordinance for the levy and assessment of taxes for fiscal year beginning May 1, 2001 and ending April 30, 2002 for the United City of Yorkville. Mayor Prochaska asked that the amount of the levy, $1,255,402.00 be included in the motion. Motion seconded by Alderman. Besco. Motion approved by a roll call vote. Ayes -7 Nay" Burd -aye, James -aye, Kot -aye, Spears -aye, Sticka-aye, Anderson -aye, Besco -aye (Resolution) 2001 -63 First Time Home Bavers Pro A motion was made by Alderwoman Spears to approve the Resolution evidencing the intention of the United City of Yorkville, Kendall County, Illinois to issue single Family Mortgage Revenue bonds and related matters; seconded by Alderwoman Burd. Mayor Prochaska commented that this program is now going on its fourth year. Alderwoman Burd stated that she felt that this was a great program and Alderman James - commented that twenty -six people took advantage of the program. Alderman Kot commented that it was good for the Council to get information on the program so that they could see how successful it is. Motion approved by a roll call vote. Ayes -7 Nays -0 James -aye, Kot -aye, Spears -aye, Sticka -aye, Anderson -aye, Besco -aye, Burd -aye ADDITIONAL BUSINESS None. The Minutes of the Regular Meeting of the Citv Council - December 13, 2001- rage 8 EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into an Executive Session for the purpose of land acquisition. He asked to include the City Administrator, City Clerk, City Attorney, City Treasurer, Public Works Director and Recreation Director in the session. So moved by Alderman. Sticka, seconded by Alderman Kot. Motion approved by a roll call vote. Ayes -7 Nays -0 Kot aye, Spears -aye, Sticka -aye, Anderson -aye, Besco -aye, Surd -aye, James -aye Land Acquisition d} Mayor Prochaska entertained a motion to cooperate with CorLands Corporation for Openlands for the acquisition of open space along the south bank of the Fox River west of Route 47. So moved by Alderman Sticka, seconded by Alderman Anderson. Mayor Prochaska stated that the CorLands Corporation is a non - far -profit organization that helps municipalities to acquire and hold open space. The City has learned of an opportunity to work with their on the acquisition of a piece of open space along the Fox River, west of the Post Office. The City staff working with CorLands, will put the details together and bring it back to the City Council for approval. Motion approved by a roll call vote. Ayes -7 Nays -0 Anderson -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Spears -aye, Sticka -aye ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Besco: seconded by Alderman Anderson. Motion approved by a viva voce vote. Meeting adjourned at 8 :45 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois E CITY COUNCIL MEETING December 13, 2001 PLEASE SIGN IN! NAME: ADDRESS: 134C Ct a iI SIGNIN