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City Council Minutes 2001 09-27-01 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORK.VILLE- KENDALL COUNTY. ILLINOIS. HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD. ON THURSDAY. SEPTEMBER 27.2001. Mayor Prochaska called the meeting to order at 7:00 pm. 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 Mun ns Present Ward IV Besco Present Spears Present OUORUM A quonun was established. INTRODUCTION OF GUESTS Mayor Prochaska welcomed those present and asked them to enter their name on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Prochaska moved the first item of his report. He felt it was important to move the Resolution of Support for the United States and condolences for the families affected by the September 11, 2001 tragedy to the beginning of the meeting. (Resolution) 2001 -53 Sunuort for the United States and Condolences for the Families Affected by the Tra Mayor Prochaska read the resolution verbatim (see attached copy). w Mayor Prochaska entertained a motion to approve the Resolution of Support for the United States of America and Condolences for the Families Affected by the Tragedy on September 11, 2001. So moved by Alderman Sticka, seconded by Alderman Kot. 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, Sticks -aye Mayor Prochaska asked that all members of the Council sign the original copies of the Resolution. The originals will be sent to the President of the United States, Congressional leaders, the Governor and Jeff Collman's family (a Yorkville native killed in the attack). Copies will be sent to the State's legislators. He invited the City Clerk and City Treasurer to sign. A moment of silence was observed. Other Amendments Alderman Anderson noted that the minutes for approval were listed wrong. The City Council minutes were from the September 6, 2001 meeting and the COW is September 20, 2001. Alderwoman Spears amended the Administration Committee Report by adding the revised minutes from the August 14, 2001 meeting for approval. She also noted a change to the bill list; the total for the River Crossing Loan Payment is $12,462.73. COMMITTEE MEETING DATES Public Works Committee 6:30 P.M., Monday, October 15, 2001 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Tuesday, October 16, 2001 City of Yorkville Conference Room 800 Game Farm Road The Minutes of the Regular Meeting of the Citv Council - September 27.2001- nape 2 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, October 9, 2001 City of Yorkville Conference Room 800 Game Farm Road CITIZEN COMMENTS: None. PLANNING COMMISSIONMONING BOARD OF APPEALSIGN REVIEW BOARD Mayor Prochaska reported that the combined meeting was held the night before and they looked at renewing the comprehensive plan. He hoped that the members of Council who were unable to attend the meeting would be able to attend future meetings when they begin to go into more detail. MINUTES FOR APPROVAL A motion was made by Alderman Anderson to accept and approve the City Council meeting minutes of September 6, 2001: seconded by Alderman Munms. Motion approved by a viva voce vote. A motion was made by Alderman Anderson to accept and approve the Committee of the Whole meeting minutes of September 20, 2001: seconded by Alderman. James. Motion approved by a viva voce vote. BILLS FOR APPROVAL Alderwoman Spears noted an addition to Castle Bank for a loan payment on Account #42510 in the amount of $12,462.72. A motion was made by Alderman Spears to approve the bills from the bill list dated September 21, 2001. Checks in the amount of $383,161.70(vendor), $87,559.5 l(payroll period ending 9/8(01) total $470,721.21: seconded by Alderman Anderson. 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 Gamma Machines Mayor Prochaska received a letter dated September 4, 2001 from Senator Walter Dudycz regarding the legalization of video gaming machines. The letter asked for input in the matter before the Senate Executive Subcommittee on Gambling proceeds with the issue. It asked for a response on whether the community would or would not support legalized video gaming in Illinois. The mayor previously asked for the Council's consideration of this matter as to how he — should respond to the letter. He stated that he had a note from the previous discussion regarding if the State was going to legalize the machines would all gaming machines be taxable, not just certain types The mayor also felt that there needed to be a clear definition as to what is considered a gaming machine. He opened the floor up to anyone who might want to add anything. There was a lengthy discussion by the Council covering such items as the regulation of the location of the machines, collecting revenues, and local control over the machines. Several members of the Council voiced their opposition to the legislation. Also discussed was the contents of the response letter, whether the letter should just state Yorkville's opposition alone or should include comments as to what Yorkville would like to see happen if the law passes. The Minutes of the Regular Meeting of the Citv Council - SeDtember 27.2001- pa" After the discussion, Mayor Prochaska stated that he would like to get a draft letter put together stating the Council's opposition to legalizing the gaming machines. He stated that since his signature will be on the letter, he will have it state that if the machines do become legal., municipalities should maintain local control. Re- appointment to Human Resource Commission Mayor Prochaska stated that Doug Trumble was co- chairman of the committee. The other co- chairman has elected not to be re-appointed. - Mayor Prochaska entertained a motion to approve the reappointment of Doug Trumble to the Human Resource Co So moved by Alderman Sticka: seconded by Alderman Besco. 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 Appointment to Library Board Mayor Prochaska stated that this position is to fill the opening created by the death of Donna Figora. Mary Ann Wilkinson will be filling the position until the expiration of the term. Mayor Prochaska entertained a motion to approve the appointment of Mary Ann Wilkinson to the Library Board. So moved by Alderman Sticka: seconded by Alderman Anderson. 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 Appointment to the Zoning Board of Appeals Mayor Prochaska stated that this position is to fill the term vacated by Bob Wenman. The position is not for the chairman but for the time slot vacated. Bill Davis is a long time resident of Yorkville who expressed an interest in being on the board. Mayor Prochaska entertained a motion to approve the appointment of Bill Davis to the Zoning Board of Appeals. So moved by Alderman Kot: seconded by Alderman lames. Motion approved by a roll call vote. Ayes -8 Nays -0 James -aye, Kot -aye Minns -aye, Spears -aye, Sticka-aye, Anderson -aye, Besco -aye, Burd -aye Appointment of Chairman to Zonin Board of Appeals Mayor Prochaska stated that Harold Feltz was a long time president to the Plan Commission. He retired from the Plan Commission about three years ago but was asked to be on the Zoning Board of Appeals. He agreed to be the chairman, however, he has asked if someone else could go to the Plan Commission meeting in his place. The matter was discussed with City Attorney, Dan Kramer, who stated that the Zoning Board of Appeals could elect a chairman pro tem who would be the person to attend for Mr. Feltz. The mayor feels that Mr. Feltz is very knowledgeable with city zoning. Mayor Prochaska entertained a motion to approve the appointment of Harold Feltz as the Chairman of the Zoning Board of Appeals. So moved by Alderman Kot. seconded by Alderman Anderson. 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 Homecoming Parade The mayor stated that he received a letter from the Yorkville High School student council asking the Council to participate in the Homecoming parade on October 6, 2001. Line up is at 9:30 A.M. with the parade starting at 10:30 AM. The mayor will be in the parade and asked anyone interested in joining him to please contact him_ Trail Planning Committee The mayor received a letter from the Kendall County Forest Preserve District. They are putting together a trail planning committee and they are having a kick -off meeting on October 10, 2001 at 4:00 P.M. The mayor is unable attend at that time and he asked City Administrator, Tony Graff, if anyone from the staff could attend as the letter requested two or three people from Yorkville to The Minutes of the Regular Meeting of the Citv Council - September 27.2001 - uag_e - 4, be there. Mr. Graff stated that Sue Swithin, Parks Director, was planning to attend. The mayor asked if anyone else was interested and Alderwoman Burd indicated she was. Menard's Groundbrealdng Mayor Prochaska stated that everyone should have received a memo from Holly Baker, Administrator's Assistant, regarding Menard's groundbreaking on October 12, 2001. He welcomed anyone who could make the groundbreaking to attend. 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 July as presented: 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 CITY ADMINISTRATOR'S REPORT Administrator Graff reminded the Council that there was a memorial planned for Friday, September 28, 2001. Mayor Prochaska stated that a flyer was passed out regarding the memorial service at Town Square Park for Jeff Collman and all those who lost their lives in the September 11, 2001 attack. Mr. Graff also had another note about a letter from Menard's and Mayor Prochaska indicated that this would be discussed under "Additional Business ". I i DIRECTOR OF PUBLIC WORKS REPORT No report CHIEF OF POLICE REPORT _ No report. COMMUNITY & LIAISON REPORT Alderwoman Burd reported on the Aurora Tourism Council meeting she attended. Aurora is having a "Fleet Week Aurora" from September 30 through October 6, 2001. This is the first time that this event has been held at a non -port city. The event is host to the sea services (Navy, Marine Corps, Merchant Marines, etc.) and there will be activities throughout the week. Anyone interested in having a member of the sea services speaking at their organization can contact Bob Mitchler for details. Another thing discussed at the meeting was how the events of September 11, 2001 was impacting tourism in the area. They have seen a serious impact on tourism in the area but they are already seeing a turn around. The major problem for Yorkville and other communities is the impact that the attack had on Chicago tourism. They are talking about new campaigns to encourage people to come to Illinois. One campaign is going to be "Illinois Right Here, Right Now. Make it Illinois". This campaign will include special discounts. Another thing being impacted by the attack is the Aurora airport They have seen an increase of four times the normal traffic. They feel that the increase probably won't remain high but do feel there will be a heightened use of the airport because of corporations not wanting to worry about security at larger airports. OLD BUSINESS None NEW BUSINESS None. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Minutes for Aneroval A motion was made by Alderman Kot to accept the Public Works Committee minutes for September 17, 2001 as presented: seconded by Alderman Anderson. Motion was approved by a viva voce vote. The Minutes of the Regular Meeting of the Citv Council - September 27.2001 - naCe 5 Brush Pick up POlicv A motion was made by Alderman Kot to authorize the Public Works Director to establish a policy restricting brush pick -up to scheduled dates with an exception to pick -ups warranted by the effects of a natural disaster: seconded by Alderman. Anderson. Alderman James suggested changing the verbiage to "city -wide natural disaster" and Alderman Kot suggested leaving the wording to the Director of Public Works. Motion approved by a roll call vote. Ayes -8 Nays -0 Munns -aye, Spears -aye, Sticka -aye, Anderson -aye, Besco -aye, Surd -aye, James -aye, Kot -aye Swimming Pool Filling Poli A motion was made by Alderman. Kot to authorize the Public Works Director to establish a policy eliminating the filing of swimming pools as a function of the Public Works Department for the City of Yorkville: seconded by Alderman Sticka. Alderwoman Spears had a question why the Council was doing these motions. Mayor Prochaska stated they were authorizing the Director of Public Works to make the policies. Alderman Kot stated that the Public Works Committee received memos from Eric Dhuse, Director of Public Works, asking the Committee to make a decision on these policies which they did. The memos did not have the specific language the Committee is looking for. These motions will authorize Mr. Dhuse to put the policy together. Mr. Dhuse will bring the completed policy before the Council for approval. 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, Mumms -aye Sod Damage Poliev Alderman Kot stated that the he received a memo from Mr. Dhuse dated September 12, 2001 specifically stating what the policy for sod damage repair will be. A motion was made by Alderman Kot to approve the Sod Damage Policy as presented by the Director of Public Works: seconded by Alderman Sticks Alderwoman Spears questioned if the repairs were going to be corrected with dirt and seed and not sod Alderman Kot said that this was correct 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) 2001 -56 ]DOT Permit for Menard's A motion was made by Alderman Kot to approve the Illinois Department of Transportation highway permit application and resolution for the Menard's project and to authorize the City Clerk to execute said document: seconded by Alderman James Motion approved by a roll can vote. Ayes -8 Nays -0 Anderson -aye, Besco -aye, Burd -aye, James -aye, Kot-aye, Murms -aye, Spears -aye, Sticka -aye (Resolution) 2001 -55 IDOT Permit for Yorkville Marketplace A motion was made by Alderman Kot to approve the Illinois Department of Transportation highway permit application and resolution for the Yorkville Marketplace project and to authorize - - . the City Clerk to execute said document seconded by Alderman Sticka. 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 Sealcoat Proiect - Change Order #1 A motion was made by Alderman Kot to approve Change Order # 1 for the sealcoat project as presenter) by the City Engineer. seconded by Alderman Sticks 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 The Minutes of the Regular Meeting of the Citv Council - September 27.2001- nab Blackberry Lane & Court - Change Order #1 A motion was made by Alderman Kot to approve Change Order #1 for the Blackberry Lane & Court project as presented by the City Engineer: seconded by Alderman Sticks Mayor Prochaska commented that the first change order was for an increase of $978.13 and the second change order was for a decrease of $15,110.03. 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 Sale of 1984 Public Works Vehicle A motion was made by Alderman Kot to give authorization for the sale of the 1984 Public Works vehicle with a minim bid of $500.00: seconded by Alderman Sticka. Alderman Besco asked if the motion should be more specific in case Public Works has more than one 1984 vehicles. Alderman Kot said the vehicle was a 1984 Ford F250 pick -up truck. Motion approved by a roll call vote. Ayes -8 Nays -0 Kot -aye, Munn -aye, Spears -aye, Sticka -aye, Anderson -aye, Besco -aye, Burd -aye, James -aye E.E.L Water Studv Agreement A motion was made by Alderman Kot to approve the agreement between the United City of Yorkville and Engineering Enterprises, Inc. for professional consulting engineering services for MPI Development Feasibility Study (water), not to exceed $25,000.00 and to authorize the Mayor and City Clerk to execute the agreement: seconded by Alderman Sticka. Mayor Prochaska asked if the City received a check from MPI Development yet. Mr. Graff said only the commitment was received. The mayor would have the motion state that this agreement will be executed upon receipt and deposit of the check. Alderman Kot amended the motion by adding to the end "upon receipt and deposit of said check in the amount of $25,000.00 from MPI Development" 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 (Ordinance) 2001 -51 Amendment to Tower Ordinance A motion was made by Alderman Sticka to approve the amendment to the tower ordinance as presented: seconded by Alderman Anderson. 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, Mums-aye i PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Minutes for Approval — A motion was made by Alderwoman Spears to approve the revised Administration Committee meeting dated August 14, 2001: Seconded by Alderman Mums. Motion approved by a viva voce vote. (Resolution) 2001 -54 Office Assistant Job Description A motion was made by Alderwoman Spears to approve the Resolution for the Office Assistant job description as presented: seconded by Alderman Sticka- It was commented that the position will not be filled pending the budget review. The Minutes of the Regular Meeting of the Citv Council - September 27.2001- nape 7 Motion approved by a roll call vote. Ayes -8 Nay" Sticka aye Anderson -aye, Besco -aye, Burd -aye, James aye Kot -aye Munns-aye, Spears -aye Officially Change Office Hours A motion was made by Alderwoman Spears to approve the change of hours for the City Administration Office from 7:30 A.M. - 4:30 P.M. to 8:00 A.M. to 4:30 P.M. as presented by the City Administrator: Seconded by Alderman Munns. Alderman Spears noted that the hours had already been changed without the approval of the Council and that the lunch hour had been reduced to thirty minutes instead of an hour. 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 Minute Taker Salary and Procedure A motion was made by Alderwoman Spears to approve the new salary for minute takers and procedure as presented by the administration Committee: 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 ADDITIONAL BUSINESS Concrete Roadways Mayor Prochaska received a letter dated September 24, 2001 from Menard, Inc. stating that they had reviewed the concrete road option and that the additional charge for concrete would be approximately $1.2 million. They are requesting that their reimbursement of the City's share of the Illinois Retailers Occupational Tax be increased from 50% to 65 %. The mayor indicated that Menard's is looking for an answer to this proposal in the next few weeks. The mayor asked the Council if the City should stay with the current asphalt road option, agree to the proposal for concrete or go back to Menards with another offer. It was his opinion that the concrete roads would last longer and looked better. City Administrator Graff stated that to make this change the P.U.D. would have to amended and that this would require a Public Hearing. He stated that concrete roads benefit the community by establishing higher standards and should attract a higher level of businesses. Alderman Sticka asked how will the change in the reimbursement affect the City's revenues. Mayor Prochaska gave an example that with revenues of $350,000.00 the city would collect $175,000.00 at 50% as compared to $122,500.00 at 65 %. He also stated that the revenues won't just be based on Menard's but also on any business in the project. He suggested that City Engineer, Joe Wyrot; work up some numbers so that the Council would have a better idea of the impact of the change. He asked the Council if there was a consensus to pursue the concrete option and negotiate with Menard's. He took a vote and it was voted 8 -0 in favor of pursuing the matter. He stated that this would come back to the Council for approval and asked that the matter be placed on the next COW agenda Minutes for Approval Alderman Anderson noted that an error was made earlier in the evening and that there were additional COW minutes for approval. A motion was made by Alderman Anderson to accept and approve the COW meeting minutes from August 2, 2001 and August 16, 2001: seconded by Alderman Sticka Motion approved by a viva voce vote. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman. Sticks: seconded by Alderman Besco. Motion approved by a viva voce vote. Meeting adjourned at 8:20 P.M. The Minutes of the Regular Meeting of the Citv Council - September 27.2001- nase S I Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois I I i I COUNTY OF KENDALL STATE OF ILLINOIS )ss �p0 \— S RESOLUTION OF SUPPORT FOR THE UNITED STATES AND CONDOLENCES FOR THE FAMILIES AFFECTED BY THE TRAGEDY WHEREAS, the United States of America was attacked on Tuesday, September 11, 2001; and WHEREAS, the loss of life, property and emotional trust has been overwhelming to this country;. and WHEREAS, citizens in the United City of Yorkville and throughout our Country mourn for those los t and their families including Yorkville High School graduate Jeff Collman, a steward on American Airlines flight 11; and WHEREAS municipal employees in the service of the people have suffered in this experience and their families have lost loved ones called into service to protect, save and defend the citizens involved and put themselves into harms way; and WHEREAS, the citizens, Mayor and City Council of the United City of Yorkville wish. to extend their prayers and sympathy to everyone who suffered a loss. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the United City of Yorkville shall observe a moment of silence to express respect and condolences to the families and individuals who have experienced a loss during this national crisis; and BE IT FURTHER RESOLVED that the United City of Yorkville supports the Congress of the United States and President George W. Bush for their strength and wisdom in determining the course of action necessary to serve justice for this despicable act of violence and to protect life and liberty of the citizens of the United States of America; and the United City of Yorkville fully supports Illinois Governor Ryan's request that citizens proudly fly the American Flag in respect for the victims and as a sign of unity in our Country, and ask that all citizens of Yorkville proudly display the American Flag accordingly. Passed Thursday, September 27, 2001 PAUL JAMES RICHARD STICKA VALERIE BURD LARRY KOT MARTY MUNNS MIKE ANDERSON ROSE SPEARS JOSEPH BESCO Mayor Arthur F. Prochaska, Jr. CITY COUNCIL MEETING September 27, 2001 PLEASE SIGN IN! NAME: �Y(Alr✓0 ADDRESS: WCON 1