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City Council Minutes 2001 08-09-01 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. AUGUST 9.2001. Mayor Prochaska called the meeting to order at 7:03 pm. and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Sticks Present Ward II Burd Present Kot Present Ward III Anderson Present Mums Present Ward IV Besco Present Spears Absent OUORUM A quorum 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 Alderman Kot made a correction to the agenda by stating that Items 3 & 4 of the Economic Development Committee Report should be moved to the Public Works Committee Report. Alderman Anderson noted that the Public Safety Committee Meeting minutes of June 26, 2001 would not be accepted. They had been corrected but no copy had been received. He asked that the minutes be table until the next meeting. i COMMITTEE MEETING DATES Public Works Committee 6:30 P.M., Monday, August 20, 2001 — City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Tuesday, August 21, 2001 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M., Tuesday, August 28, 2001 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 6:30 P.M., Tuesday, August 14, 2001 City of Yorkville Conference Room 800 Game Farm Road CITIZEN COMMENTS: None. PLANNING COMMISSIONMONING BOARD OF APPEAL/SIGN REVIEW BOARD Alderman Sticks reported that the Plan. Commission had met the previous evening and had several items on their agenda. The first item was the Inland Office Center, which would be east of the Tucker Development (Jewel) on Route 34. The Plan Commission approved the final plat 8 -0. The next item on the agenda was Richard Marker from Heartland Developers asking for the approval of the final plat for Phase 2 and 3. The Commission voted unanim ously to approve. They also voted 8 -0 to approve the amendment to the PUD relocating the clubhouse and swimming pool. The last item was an amendment to the PUD for Prairie Garden, the active adult community on Route 47. The principle change was to remove the hiking trail completely even though there was an agreement for it that the petitioner had negotiated with the Park Board. The Plan Commission voted 4 - 3 (one abstention) against the change. i The Minutes of the Regular Meeting of the Citv Council - August 9.2001 - rage 2 A few members of the Commission stated that they voted against it because the changed plan was so different from the original plan they approved A point was made at the meeting that the trail would involve the removal of a large number of trees. There is an agreement to put in an easement for a future trail. 14IINUTES FOR APPROVAL Mayor Prochaska entertained a motion to accept and approve the City Council meeting minutes of July 26, 2001. So moved by Alderman Anderson: seconded by Alderman Munns. Motion approved by a viva voce vote. Mayor Prochaska entertained a motion to accept and approve the COW meeting minutes of July 5, 2001 and July 19, 2001. So moved by Alderman Anderson: seconded by Alderman James. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Munns to approve the bills from the bill list dated July 28, 2001. Checks in the amount of $187,497.48(vendor), $78,728.99(payroll period ending 7/28/01) total $266,226.47: seconded by Alderman Anderson. Motion approved by a roll call vote. Ayes -7 Nays -0 Kot-aye, Munns -aye, Sticky aye, Anderson-aye, Besco -aye, Burd -aye, James -aye REPORTS ATTORNEY'S REPORT Attorney Kramer stated that there would be an additional Resolution with the overweight Ordinance authorizing an intergovernmental agreement between the city and the county so that the city could enforce the weight limit on county streets going through the city. This was not packaged with the Ordinance. MAYOR'S REPORT Chief of Police Annointment Mayor Prochaska entertained a motion to approve the appointment of Harold Martin for Chief of Police at a rage of $65,600.00 with a six -month review and with a satisfactory review the salary will go to $67,000.00. So moved by Alderman Kot: seconded by Alderman Anderson. Motion approved by a roll call vote. Ayes -7 Nays -0 James -aye, Kot -aye, Munns -aye, Sticka -aye, Anderson -aye, Besco -aye, Burd aye Mayor Prochaska noted that the city was following the employee manual for the hiring of this position and there were no other special agreements. Mayor Prochaska swore in Lt. Martin as Chief of Police. The mayor and former Police Chief , Tony Graf' ; congratulated Police Chief Martin. Auuointment of Fire & Police Co Members Mayor Prochaska entertained a motion to request the appointment for the Fire & Police Commission. The mayor submitted the following names for approval. Robert Johnson for a one- year term, James Jensen for a two -year term and Margaret Putzler for a three year term. He entertained a motion to approve the members. So moved by Alderman Kot: seconded by Alderwoman Burd Motion approved by a role call vote. Ayes -7 Nays -0 Anderson-aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Sticky aye The mayor stated that Ms. Putzler was not able to attend and that he would swear her in the next day. Mayor Prochaska swore in Mr. Johnson and Mr. Jensen to the office of Police Commission. The mayor welcomed the gentlemen to the new Police Commission. I Minutes of the Regular Meeting of the Citv Council - August 9, 2001 - nags 33 EPA Loan Mayor Prochaska stated that he received a letter from the Illinois Environmental Protection Agency (EPA) notifying the city that its submission for a loan for its public water supply program has been approved in the amount of $5,530,000.00 and will be reserved for the project from October 1, 2001 until March 31, 2002. The project needs to begin in that time fi - arne. The mayor asked Mr. Graff and the engineers from Engineering Enterprises, Inc. (EEI) present if the city would be able to use this loan with the changes being made to the plan. Mr. Graff turned the matter over to Jeffrey Freeman of EEI. Mr. Freeman explained that in March 2001, Joe Wyrot, City Engineer, prepared a pre- application for the water works improvements. At that time, the application was for Phase I of the water works improvements which included deep well 46, a purposed cation exchange unit, a water treatment facility for the northern area, an elevated water tank and Route 47 water main work. The estimated total for the project was $5,000,000.00. The purpose of the pre- application was to show the state where the city was with their water works project. The state then takes all the pre - applications sent to them in March and assigns a priority number to each application (around 200 projects). This number is based on the type of water works improvement, the number of people in the community that will be serviced by the improvement, along with other criteria. The state then develops a project priority list and goes down it distributing the budgeted amount to the projects until the money is used up. At that point they draw a line and everyone above the line potentially ranks in the Intended Use Plan or IUP. Yorkville was put high on the priority list because its pre - application was for a radium reduction improvement and was included in the IUP. The IUP does not start until October 1, 2001, the beginning of the state's fiscal year. Any applicants in the IUP going to construction between October 1, 2001 and March 31, 2002 will have funds reserved for them. After March 31, 2002, the money for all the projects that did not proceed goes back into the "pot". The prior numbers are thrown out at this time and it becomes first come, first served. The next project that comes in and is ready to go to construction and is loan eligible will get funding. Mr. Freeman stated that based on the schedule that EEI presented with the improvements that are purposed in Contract A and Contract B, the first projects they are purposing for construction are the elevated water tank and the Route 47 water main. Based on time lines for permits, bidding, contracting, etc., the projects wouldn't be able to begin until approximately June of 2002 or after the March 31, 2002 deadline. EEI will proceed as quickly as possible and petition the city to go to construction as quickly possible. What EEI is thinking is that not enough radium projects are actually ready to move forward so it is likely that there will be carry over dollars after March 31, 2002. If Yorkville is in line and ready to go the city may still be able to get loan funds for the elevated tank. Mr. Freeman stated that one of the most important things about being on the IUP is that the original application stated that the city wouldn't be able go to construction unless it is a radium reduction type improvement. The elevated tank is not necessarily a radium reduction improvement so even if it were ready in the designated time period, the city would not be able to go to construction based on the pre - application that was submitted. The city will have to submit a new application and try to get loan funds available after March 31, 2002. Mayor Prochaska stated that Mr. Freeman was basically stating that the city would not be able to use the loan at all. The city will have to do the whole project over again and the money we were approved for might not be available in the future. Mr. Freeman said there is that possibility. He could not guarantee that the funds would be available but he felt there was a good chance they may. He said to keep in mind that the improvements in Contract B were purposed for the RT period for 2003. These improvements were to start in December of 2002, falling between the October 1, 2002 and March 31, 2003 deadline if the city makes the IUP again. He feels confident that the city should make the IUP again because it made it this year and ranked well amongst other communities in the program. A possible variable that Mr. Freeman brought up would be the number of communities applying in the future who might have a better situation than Yorkville thus ranking the city lower than the 1UP cutoff. Mayor Prochaska stag that the important part was that the plan that the city had was accepted by the IUP and the city lost its funding. Now the city has to look at the new plan, which puts it in the situation to submit for the loan again. The loan the city qualified for was about half of what it needed to borrow for the project. The mayor hoped that the new plan would be ready to submit by March of April of 2002. Minutes of the Regular Meeting of the Citv Council - August 9.2001- »age 4 Mr. Freeman stated that they would be working to submit the new project plan based on the new alternatives in the next two months. He stated that they were tentatively looking at a Public Hearing on the matter by the end of the year. Near the end of that period, they are purposing to start the design of the improvements so that they can meet the timeline of December 2003. Mayor Prochaska noted that the letter about the loan approval stated that there would be a Public Hearing on August 21, 2001. He asked if that hearing was for all the communities and Mr. Freeman stated yes it was. Mr. Freeman said that the state has to have a Public Hearing for the IUP at which times it becomes finalized. The mayor stated that this is something that is very important and that the city needs to get going. _ He stated that he doesn't like the city turning down the opportunity for a low interest loan because one never knows how long they will be available. CITY CLERK'S REPORT No report. i CITY TREASURER'S REPORT Treasurer Allen requested a motion for the approval of the Monthly Treasurer's Report for June 2001 as presented. So moved by Alderman Anderson: seconded by Alderwoman Burd. Motion approved by a roll call vote. Ayes -7 Nays -0 Munns -aye, Sticka -aye, Anderson -aye, Besco -aye, Surd -aye, James -aye, Kot aye Mr. Allen had a point he wanted to bring up as the city prepares to go into the revised budget period. He stated that some revenues such as sales tax revenues and NTT funds were slow coming in as noted in the July 31, 2001 Budget Report. He hoped that the city would catch up but stated that overall the city was doing well. Mayor Prochaska stated that the sales tax typically gets stronger as the holidays approach and what Mr. Allen is probably seeing is a seasonal fluctuation. He stated that WT is a set rate so if it is low, the budget report did not pick up a payment. Mr. Graff stated that Mr. Nanninga had the census numbers plugged in starting in September so the city should see the MFT funds pick up. CITY ADMINISTRATOR'S REPORT Tony Graff reported that the state is starting to recognize the new census numbers and the city will start seeing corrections. The Department of Insurance has notified the city about the police pension fund and it will need to facilitate transfer of dollars from the Illinois Municipal Retirement Fund (IlVIRF) to the pension fund. The city should receive its numbers in about two weeks to know what that amount will be. Mayor Prochaska asked it Mr. Graff had any discussion with the state in regards to the census and the wards. Mr. Graff stated that he had not The mayor stated that even though there is no election coming up, it is something that needs to be taken care of as soon as the city can. The mayor noted that the Director of Public Works was not present and Mr. Graff stated that Mr. Dhuse had no report. CIIIEF OF POLICE REPORT Police Chief Martin thanked the aldermen, the mayor, Mr. Graff for his appointment. He thanked his wife for her support. Chief Martin noted that August 7, 2001 was National Night Out. He said that everything went well and that approximately 200 people participated in various locations. He thanked the Citizens -- Police Academy and Bristol- Kendall Fire Department for their help. Chief Martin reported that the basement locker room construction was going well. He stated that the electric, ductwork and some of the framing was finished. He said the project was runnin on schedule and might possibly be completed earlier than expected- Chief Martin reported that Friday, August 10, 2001 would be the last teen miniature golf outing for the year and that Music Under the Stars would be held. COMMUNITY & LIAISON REPORT No report Minutes of the Regular Meeting of the Citv Council - August 9.2001- page 5 OLD BUSINESS None NEW BUSINESS None, COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Minutes for ADDroval A motion was made by Alderman Kot to accept the Public Works minutes for June 18, 2001 and July 17, 2001 as presented: seconded by Alderman James. Mayor Prochaska noted that the copy of the Public Works Minutes he received was dated July 16, 2001. Alderman Kot stated that the date was correct on the minutes but incorrect on the motion sheet. Motion approved by a viva voce vote. Wholesale Tire Water Easement A motion was made by Alderman Kot to approve the acquisition of a water easement between the United City of Yorkville and Wholesale Tire, contingent upon legal review by the City Attorney with the final easement agreement to be executed between all parties: seconded by Alderman Sticka. Alderman Kot commented that this was still in the negotiation stage and this matter will be brought back in final form to the Council for approval. This motion was to give the City Attorney and the City Administrator authority to acquire the easement. Motion approved by a roll call vote. Ayes -7 Nays -0 Kot -aye, Munns -aye, Sticka -aye, Anderson -aye, Besco -aye, Burd -aye, James -aye Contract with En gineering Enterprises A motion was made by Alderman Kot to approve the execution of the contract with Engineering Enterprises for the water assessment project in an amount not to exceed $6,000.00: seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes -7 Nays -0 Sticka -aye, Anderson -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye Agreement for Professional E ngineering Services A motion was made by Alderman Kot to approve execution of an agreement for professional engineering services with Engineering Enterprises, Inc. for water works system improvements with the United City of Yorkville: seconded by Alderman Sticks Mayor Prochaska noted that there was not a dollar amount mentioned in the motion and asked if it was in the contract. City Attorney Kramer stated that was in the contract. Administrator Graff stated that the amount was based on some hourly work and an exact amount was not known at this time. Mayor Prochaska noted that this contract was to redo the city's water treatment project. Motion approved by a roll call vote. Ayes -7 Nays -0 Sticka -aye, Anderson -aye, Besco -aye, Brad -aye, James -aye, Kot -aye, Munns -aye ECONOMIC DEVELOPMENT COMMITTEE REPORT PC 2001 -03 Bristol Club & Bristol Station A motion was made by Alderman Sticka to table PC2001 -03 to August 23, 2001: seconded by Alderman Anderson. Alderman Sticka stated that there were some issues to be worked out between the staff and the developer. I Motion approved by a roll call vote. Ayes -7 Nays -0 Munns -aye, Sticka -aye, Anderson -aye, Besco -aye, Burd -aye, James -aye, Kot-aye, Minutes of the Regular Meeting of the Citv Council - August 9.2001- pagge 66 Proposal with Ruettiger. Tonelli and Assoc. A motion was made by Alderman Sticka to approve the proposal with Ruettiger, Tonelli & Associates, Inc for planning services for updating the comprehensive plan not to exceed $14,000.00: seconded by Alderman Munns. Alderman Sticka stated that the planning had been discussed at the EDC meeting and that this is an organization the city has worked with before. Mayor Prochaska stated that he felt that this is an important time to get this updated Motion approved by a roll call vote. Ayes -7 Nays -0 Anderson -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Sticka -aye (Ordinance) 2001 -42 EliminafiaLte Sign Review Board A motion was made by Alderman Sticka to approve an Ordinance eliminating the Sign Review Board and delegating its current authority to the Zoning Board of Appeals: seconded by Alderman James. Alderman Sticka commented that this eliminated a Board that met very rarely and had very little to do. Mayor Prochaska commented that the Board had not met in at least a year and that it has been difficult to recruit people to be on a Board that doesn't meet on a regular basis. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Burd -aye, James -aye, Kot aye, Munns -aye, Sticka -aye, Anderson -aye PUBLIC SAFETY COMMITTEE REPORT Minutes for Approval A motion was made by Alderman Anderson to accept the Public Safety Committee minutes for July 24, 2001 as presented: seconded by Alderman Munns. T Motion approved by a viva voce vote. (Ordinance) 2001 -0 Commercial Vehicle Enforcement A motion was made by Alderman Anderson to approve the commercial vehicle enforcement Ordinance as presented: seconded by Alderman Kot. Motion approved by a roll call vote. Ayes -7 Nays -0 Burd -aye, James -aye, Kot -aye, Munns -aye, Sticka -aye, Anderson -aye, Besco -aye (Resolution) 2001 -47 Interg overnmental Agreement for Commercial Vehicle Enforcement A motion was made by Alderman Anderson to approve a Resolution authorizing execution of an intergovernmental agreement between the United City of Yorkville and the county of Kendall: seconded by Alderman James. Mayor Prochaska asked if the first motion passed was the intergovernmental agreement. Attorney Kramer stated that the first motion approved was the Ordinance authorizing the enforcement of commercial vehicles in the city and the second motion authorized the city to execute the intergovernmental agreement with the county. The mayor stated that there was a motion that is the actual intergovernmental agreement and that this motion was to execute the agreement but the Council had not passed the agreement yet. The mayor asked if we would need a third motion to pass the agreement Attorney Kramer stated that as with an annexation agreement, all that needs to be approved is the execution of the agreement; no third motion was needed to approve the intergovernmental agreement itself. Motion approved by a roll call vote. Ayes -7 Nays -0 Kot -aye, Munns -aye, Sticka -aye, Anderson -aye, Besco -aye Burd -aye, James -aye Minutes of the Regular Meeting of the Citv Council - August 9.2001- na%e 7 ADMINISTRATION COMMITTEE REPORT Minutes for Avuroval A motion was made by Alderman Munns to accept the Administration Committee minutes for special meetings of May 23, 2001 and June 5, 2001: seconded by Alderman. Anderson. Motion approved by a viva voce vote. TIF Attornev A motion was made by Alderman Munns to approve the appointment of attorney Kathleen Orr as the Tax Increment Finance District attorney: seconded by Alderwoman Burd. Mayor Prochaska stated that Ms. Orr will be the legal council for the runnin of the TIF District and for all legal matters pertaining to the TIFF. Motion carried by a roll call vote. Ayes -7 Nays -0 James -aye, Kot -aye, Munns -aye, Sticka -aye, Anderson -aye, Besco -aye, Surd -aye ADDITIONAL BUSINESS Mayor Prochaska reminded everyone that the city was getting ready for the Rive&ont Festival. He stated that the commemorative license plates were still available for those interested and that the Economic Development Office would be selling them Saturday, August 11, 2001 at Countryside Shopping Center. He also stated that he had Duck Race rickets for sale. They are $3.00 a piece or two for $5.00. He stated that the plates and tickets were fundraisers for the Hometown Days group who sponsor the Festival. He reminded everyone that Music Under the Stars and the Teen Golf Extravaganza were on Friday. Alderman Kot stated that Music Under the Stars has had its biggest crowds ever since the program was started. He complimented Sue Swithin and Cynthia Fox for their work with the program- ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Anderson: seconded -- ! by Alderwoman Spears. Motion approved by a viva voce vote. Meeting adjourned at 7:45 P.M. Minutes submitted by: �V Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois i CITY COUNCIL MEETING DATE: PLEASE SIGN IN! NAME: V2 ADDRESS: yc' - 7) c -1 x '*l O r- %.V SIGNIN