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).
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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 ".
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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
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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
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Minutes submitted by:
Jacquelyn Milschewski, City Clerk
City of Yorkville, Illinois
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COUNTY OF KENDALL
STATE OF ILLINOIS
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�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
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