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City Council Minutes 2001 10-11-01 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, OCTOBER 11.2001. Mayor Prochaska called the meeting to order at 7 :05 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 Kot Present Ward III Anderson Present mums Present Ward IV Besco Present Spears Present OUORUM A quorum was established- INTRODUCTION OF GUESTS Mayor Prochaska welcomed the guest present especially former mayor, Elden Madden_ The mayor asked those present to enter their name on the attendance sheet provided. i AMENDMENTS TO THE AGENDA Alderman Kot noted a change to the agenda by stating that there were no Public Works Committee meeting minutes to be approved and that the Riverfront Building Proposal was going to be tabled. Mayor Prochaska stated that the motion needed to be made to table the Riverfront Building item. Alderwoman Spears noted that there was a revision to the bill list due to a request from Deputy Clerk Sandra Marker for a cash advance of $150.00 so she could attend the Clerk's Institute School. COMMITTEE MEETING DATES Public Works Committee 6:30 P.M., Monday, October 15, 2001 City of Yorkville Conference Room 800 Game Farm. Road i Economic Development Committee 7:00 P.M., Tuesday, October 16, 2001 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6 :30 P.M., Tuesday, September 23, 2001 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 6:30 P.M., Tuesday, November 13, 2001 City of Yorkville Conference Room 800 Game Farm Road CITIZEN COMMENTS: Mr. Madden commented that he has wanted to attend one of the Council meeting for awhile and that the Council was doing a great job. PLANNING COMMLSSIONMONING BOARD OF APPEALPSIGN REVIEW BOARD Alderman Sticka reported that the only item on the agenda at the Plan Commission meeting was Phase II of Cannonball Estates, which they approved. MINUTES FOR APPROVAL A motion was made by Alderman Anderson to accept and approve the City Council meeting minutes of September 27,2001: seconded by Alderman Munns. Motion approved by a viva voce vote. The Minutes of the Regular Meeting of the Citv Council - October 11.2001- naC 2 A motion was made by Alderman Anderson to accept and approve the Committee of the Whole meeting minutes of September 6, 2001 and September 20, 2001: seconded by Alderman Besco. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Spears to approve the bills from the bill list dated October 8, 2001 with the revision noted earlier. Checks in the amount of $126,383.74(vendor), $84,967.0 oll 6(payr period ending 9/22/01) total $211,350.80: 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 Auuoumtrnent to Human Resource Commission Mayor Prochaska nominated Michelle Leight to the Human Resource Commission_ He entertained a motion to approve the appointment of Ms. Leight to a three -year term. So moved by Alderman Kot; seconded by Alderman James. 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 Menard's Concrete Proposal Mayor Prochaska stated that contractors are in the process of scraping the roads for the Menard's development. The Council needs to determine if the City wants to have concrete or asphalt roads. The City Attorney has stated that this was not a Public Hearing item. The press was notified and reported that the matter was going to be discussed at this Council meeting. The City requested that Menard's look at concrete roads. Menard's stated that the estimated cost of concrete roads is $1.2 million more. They originally proposed that the 50% split of sales tax be changed to a 65/35 split. The City is proposing the 50/50 split be maintained until there would be $50 million in sales. At that time, the City would honor the 65135 split. The mayor stated the concrete road should last two to three times longer that the asphalt road. He stated that the City does not have anything to compare the roads to and this would give future Council's something to compare with in the future. Alderman Sticka commented that when the $50 million in sale is reached and the rebated amount is increased, the amount due Menard's will be retired faster. This will allow the City to get to the point quicker where they will get 100% of the sales tax. This is also incentive for Menard's to bring in another large revenue source to their development. Mayor Prochaska reiterated his support for the concrete roads. He stated that from a commercial point of view this road might encourage more commercial development. Alderman Mums asked if Menard's was approached to take a smaller percentage and Mayor Prochaska explained that the City had looked at some other options. Menard's was willing to take less if the City was willing to accept less road such as just Countryside Parkway would be concrete. Menard's wanted a 50/50 split up to $35 million in sales tax and then a 30/70 for every dollar over that and the City would just have Countryside Parkway in concrete. Alderwoman Spears was given a newspaper article from one of her constituents. She read from the article that appeared in the Enterprise newspaper, which covers the Plainfield area. It reported about Plainfield's growth and Plainfield's Economic Development Director indicated that Kohl's and Wal -Mart are requesting a financial incentive package totaling 50% of the total sale taxes revenue generated per year for ten years. The article went on to say Jewel/Osco and Target got 50% of sales tax for five years. It also said that most businesses ask for a ten-year agreement so Alderwoman Spears did not feel Menard's was out of line with their request. I The Minutes of the Regular Meeting of the Citv Council - October 11.2001- cage 3 Alderman Sticka asked if this rebate was in exchange for public infrastructure and Alderwoman Spears answered that it was not. Alderman Sticka stated that Yorkville is not returning even a penny in terms of profit because the Menard's rebate is just to cover the cost of public improvements. Alderwoman Spears stated she would copy the article and distribute it to the Council- Mayor Prochaska explained that he was told that concrete roads are only better if they are built better. The mayor stated that City Engineer, Joe Wyrot; indicated that the City is requiring that the roads be done to IDOT (Illinois Department of Transportation) standards. IDOT requires a heavier base and thicker concrete. City Administrator Graff stated that the contractor said the base would be 9 '/ inches. Mr. Graff spoke with IDOT who said that is their base and they use concrete, this does not include fill. So the road will have a 9 '/2 inch concrete base which is an IDOT Class 11 truck route. The mayor clarified the repayment program. He stated that part of the repayment is for ten years. Another part is until the repayment is paid off. The reason for this is because Countryside Parkway leaves Menard's property and goes through an adjoining property. Because Menard's has no control over if or when that property will ever develop, the City has allowed that the sales tax from this property could be used toward the cost of Countryside Parkway until it is paid for. The frontage road and internal roads will have a ten -year limit for repayment. Mayor Prochaska stated that he had conversations with other community leaders at the Illinois Municipal League conference who were amazed that Yorkville's incentive to commercial/industrial users was to rebate sales tax for infrastructure that will help bring more business to the area He feels that Yorkville is very frugal with what it is doing. The mayor also stated that it takes these streets out of the need for repair for a number of years, which will enable the City to put dollars back into the community for the repair of other streets that need improvement. Mr. Graff said he attended the Chamber of Commerce meeting and that they supported the concrete road. He also spoke with other business along Countryside Parkway and they also supported the concrete road Mayor Prochaska entertained a motion to instruct the City Attorney to amend the development agreement with Menard, Inc. from the business incentive plan from 50% sales tax rebate for public improvements to 50% of sales tax rebate up to $50,000,000.00 in sales within a twelve (12) month period or when there is $50,000,001.00 or more in sales within a twelve (12) month period the sales tax rebate is 65% for public improvement to include changing the construction of public streets to concrete per IDOT standards as approved by the City Engineer and authorize the Mayor and City Clerk to execute the amended development agreement. So moved by Alderman Sticka; seconded by Alderman Besco. 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 Halloween Hours Mayor Prochaska stated that the Public Safety Committee has recommended that the Halloween trick -or -treat hours will be 4:00 P.M. to 7:00 P.M. on October 31, 2001. Menard's Ground Brealdn% Mayor Prochaska reminded the Council that the ground breaking for Menard's would be October 12, 2001 at 2:00 P.M, at Countryside Parkway and Route 47. He invited everyone to attend. -- CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTRATOR'S REPORT Administrator Graff reported that the Yorkville/Bristol Sanitary District signed their loan on October 8, 2001 and they will have a groundbreaking for the expansion of their plant on October 26, 2001. The Minutes of the Regular Meeting of the Citv Council - October 11.2001- nape 4 DIRECTOR OF PUBLIC WORKS REPORT No report CHIEF OF POLICE REPORT Chief Harold Martin informed the Council that a custom video camera was installed free of charge in the supervisor's squad car. The police department will be testing the camera for the next four or five months for Custom Signals. Now all the squads on the streets will be equipped with cameras. Chief Martin reported. that Yorkville did not receive the COPS in School grant. Only one city in Illinois received the grant. The police department had planned to use grant money to supply the schools with an additional officer. They can reapply for the grant in April 2002. Chief Martin reported that a security audit was going to be run on the City offices and the police department and should be completed by Friday, October 19, 2001. Chief Martin reported that all three members of the Fire and Police Commission were going to attend the Fire and Police Commissioner's Seminar in St. Charles, Illinois in November. COMMUNITY & LIALSON REPORT Library Board Alderman Sticka reported that the Library Board is still pursuing the project of library expansion. They are looking for a consultant to guide them with the project. Fox River Trail Alderwoman Burd reported that she attended a Kendall County Board meeting on October 10, 2001. The meeting was to discuss the Fox River Trail, which will connect Oswego and Yorkville with a final destination of either Silver Springs State Park or Millington. She reported that there was a large turnout of individual's both for and against the trail, which generated a lively discussion. She said that Plainfield, Montgomery, Yorkville, Plano and Millington were officially represented. No one attended from Oswego. Alderwoman Burd and the mayor of M illingt on were the only elected officials at the meeting. She reported that a group of Yorkville residents from Van Emmon Road and two sportsmen's club groups attended who were against the trail. The trail is proposed to run along the Illinois RailNet railway, which rums through the sportsmen's clubs and they feel that it would be dangerous for anyone riding along the trail on - their property. The groups suggested that the trail run on the other side of Route 71. The Van Emmon residents concerns were that they didn't want to see tax dollars used on this type of recreational facility and the environment issue of trees being removed along the Fox River for the trail. Alderwoman Burd reported that a gentleman at the meeting stated that there is $20,000.00 of grant money available for the planning of the trail. Alderwoman Burd said that Yorkville Parks Director, Sue Swiddn, suggested that the municipalities get together and come up with a County co- operative to apply for the grant. Alderwoman Burd stated that it was a very interesting meeting and that she learned that 500,000 people per year use the Prairie Path Trail. The proposed path through Yorkville could attract tourist dollars to the community. She stated that the County had already purchased some property and is working to complete the path from Oswego to Van Emmon Road. She feels that it is something the City needs to think about if Yorkville wants to connect to the trail. Alderman Kot stated that the residents of White Oaks are concerned with the path as it will go through their area on the way to Silver Springs State Park. He stated that they discussed it at their last homeowners meeting. Alderwoman Burd questioned if the City had an easement in the White Oaks area. Mayor Prochaska asked Mr. Graff to look into what, if any public easements are in the White Oak area. Human Resource Commission Alderwoman Spears reported that the Human Resource Commission met and reviewed the — structure of the committee and what their proposed goals are. Upon review, they feel they need additional volunteers to help meet the goals. They also need funding. Mayor Prochaska asked HRC to make recommendations to the Council so they can look at the projects HRC are - proposing. OLD BUSINESS None NEW BUSINESS None. i The Minutes of the Regular Meeting of the Citv Council - October 11, 2001- page 5 COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Riverfront Building Prouosal A motion was made by Alderman Kot to table the acceptance of the Riverfront Building Proposal u old an undetermined date: seconded by Alderman Munns. _ 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 ECONOMIC DEVELOPMENT COMMITTEE REPORT Minutes for Anuroval A motion was made by Alderman Sticka to accept the Economic Development Committee meeting minutes from September 18, 2001: seconded by Alderman Kot. Alderman Sticks commented that on page 2 of the minutes there was an error regarding something he said at the meeting. The minutes say he asked about the Glen Palmer Dam but he asked about Blackberry Creek. i Alderman Kot recalled his second. A motion was made by Alderman Sticks to accept the Economic Development Committee meeting minutes from September 18, 2001 as corrected: seconded by Alderman Kot. Motion approved by a viva voce vote. PUBLIC SAFETY COMMITTEE REPORT Minutes for Anuroval A motion was made by Alderman Anderson to approve the Public Safety Committee meeting minutes for August 28, 2001 and September 25, 2001 as presented: seconded by Alderman - -- James. I Alderwoman Burd had a correction to the August 28, 2001 minutes. On page one, first paragraph the word "pile -ons" should be "pylons ". Alderwoman Spears questioned another statement in the same paragraph. She asked if Chief Martin stated that fifty feet is more than "accurate" is correct. She thought it should state "adequate ". Chief Martin said that he said adequate. Chief Martin and Alderman Anderson indicated that they had a revised copy of the minutes and that these corrections were made. None of the other Council members or Administrator Graff had the revised minutes. Chief Martin stated that the name of the individual in the first paragraph should be "Jerry Burke' not "Gary Burd". Mayor Prochaska suggested tabling the August 28, 2001 minutes until everyone received the revised copy. Alderman Anderson agreed. A motion was made by Alderman Anderson to table the acceptance of the Public Safety Committee meeting minutes of August 28, 2001 until the next City Council meeting; seconded by Alderwoman Spears. _ Motion approved by a roll call vote. Ayes -8 Nays -0 Mumrs -aye, Spears -aye, Sticka -aye, Anderson -aye, Besco -aye, Burd -aye, James -aye, Kot-aye Alderman James withdrew his second to the original motion. Alderman Anderson withdrew the original motion A motion was made by Alderman Anderson to accept the Public Safety Committee meeting minutes of September 25, 2001: seconded by Alderman James. Alderman Kot made a correction to the last page of the September 25, 2001 minutes. He is referred to as "Chairman" instead of "Alderman". The Minutes of the Regular Meeting of the Citv Council - October 11.2001- Wage 6 Alderwoman Spears had a questioned about a statement on page 2, in the first paragraph under "Solicitation Ordinance- Update". She questioned if the last sentence should state the "solicitation of food products". Mayor Prochaska stated that Sergeant Diederich made the statement and because he is not present to clarify his statement, it should be left as is. Alderwoman Spears also stated that here were several typographical and/or spelling errors and Mayor Prochaska stated that while the Council was making corrections to the minutes, these should be corrected. She stated that on page three the word "maintenance" is spelled incorrectly. On page eight, midway down on the page is states that Sergeant Diederich said that due to a drop in the speed limit "accents" were significantly decreased The proper word should be "accidents ". On page 9, the first sentence states that "Chairman. Anderson agreed, and stead that — we...." The correct word is said. Further down on the page is states that Sergeant Diederich was waiting to "here" back and it should be "hear ". A motion was made by Alderman Anderson to accept the Public Safety Committee meeting minutes of September 25, 2001 as corrected: seconded by Alderman James. Motion approved by a viva voce vote. Mayor Prochaska asked Administrator Graff to make sure that when the Councils packets are done that everyone has the same information. He also asked that he have the minute takers proof their work better. Alderwoman Burd asked if the minute takers would include a list of who was present at the meetings and cited the September 18, 2001 Economic Development Committee meeting minutes, which did not include this information. August Police Report A motion was made by Alderman Anderson to accept the August Monthly Police Report as presented: seconded by Alderman Munns_ Motion approved by a viva voce vote. (Resolution) 2001 -57 Police Records Clerk Position i A motion was made by Alderman Anderson to approve the Resolution for the full time Police Records Clerk job description as presented: seconded by Alderwoman Spears. 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 Police Pension Fund A motion was made by Alderman Anderson to table the approval of the Ordinance creating the Police Pension Fund until the next COW meeting: seconded by Alderman James. I 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 ADMINISTRATION COMMffTEE REPORT Minutes for Approval Alderwoman Spears stated that the Council just received the Administration Committee meeting minutes of September 19, 2001 tonight. A motion was made by Alderwoman Spears to table the Administration Committee meeting dated September 19, 2001 until the next City Council meeting: seconded by Alderwoman Burd. Motion approved by a viva voce vote. File Room Construction Pr000sal A motion was made by Alderwoman Spears to accept the proposal for the construction of the records file room, not to exceed $6,500.00, upon the approval of the revised FY01 /02 budget: seconded by Alderwoman Burd. 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 n i The Minutes of the Regular Meeting of the Citv Council - October 11, 2001- nape 7 Wast & Dour Audit A motion was made by Alderwoman Spears to accept the Fair Labor Standards Compliance Survey, known as the Wage and Hour Audit, prepared by Attorney Edward W. Bergman of Seyfarth & Shaw Attorneys, Chicago, Illinois dated September 6: seconded by Alderman Munns. 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 2001 Audit A motion was made by Alderwoman Spears to accept the 2001 audit as prepared by FPT &W Ltd., Oak Brook, Illinois and the management letter: seconded by Alderman James. 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 ADDITIONAL BUSINESS Administrator Graff informed the Council that he received an invitation to an open house at York Meadows Apartments on October 20, 2001 from 11:00 A.M. to 3:00 PAL, which invites the City officials to attend_ In response to Alderwoman Burd's inquiry, Mr. Graff updated Chris Rollins wireless Internet proposal. He stated that Mr. Rollins and his partner were working on some technical questions that the City wanted addressed. Mr. Graff stated that he learned from the Illinois Century Network, which Mr. Rollins stated that they had approval from, that Wireless Yorkville does not meet their current standards of what they call a "community benefit". Community benefit "TI V are for municipalities to use for libraries, schools, etc. and not for distribution to private homes. However, Illinois Century Network is i tcA c,.A J in the idea and Mr. Graff is trying to set up a meeting with them, the City and Mr. Rollins. Mr. Rollins is going forward in getting his wireless service hooked up in the private sector. Alderwoman Spears inquired if the City received a deposit from Engineering Enterprises. Mr. Graff stated he received the voucher but the City still has not signed the contract. He was assured — that the check was approved and he should receive it by the end of the week. Today's mail still hadn't come in. The contract will not be signed until the City receives the deposit. Alderman Sticka remarked about the change of the City Council meeting night. He was wondering why the meetings were on Thursday in the first place so he asked former mayor, Elden Madden, if he knew the answer. Mr. Madden explained to him that a long time ago all the businesses in Yorkville would close on Thursday. Mr. Madden said this was to give the business owners a day do their own personal business such as shopping. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman. Anderson: seconded by Alderman Sticka. Motion approved by a viva voce vote. Meeting adjourned at 8:07 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois CITY COUNCIL MEETING October 11, 2001 PLEASE SIGN IN! NAME: ADDRESS: `_ 4 l�rzvv Bw AokQ4- SIGNIN