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COW Minutes 2004 07-06-04 Page 1 of 12 APPROVED 9/14/04 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE CITY HALL CONFERENCE ROOM JULY 6, 2004 7:00 P.M. ELECTED OFFICIALS PRESENT: Mayor Art Prochaska Alderwomari Rose Spears Alderman Joe Besco Alderman Richard Sticka Alderwoman Valerie Burd City Treasurer Bill Powell (until 7:10) Alderman Paul James City Clerk Jackie Milschewski Alderman Larry Kot Alderman Marty Munns CITY STAFF PRESENT: City Administrator Tony Graff Public Works Director Eric Dhuse (until 8:00) City Attorney Representative Kelly Kramer Director of Parks & Recreation Laura Brown Police Chief Harold Martin Finance Director Traci Pleckham GUESTS: See attached list. i MAYOR Bristol Ridge Road — Design Concerns Mayor Prochaska stated that the original plan for Bristol Ridge Road was different than what is being constructed by the developer, MPI. He explained that when the original plan was developed, the road was going to be under the jurisdiction of Kendall County. This has changed due to an agreement between Kendall County and the township changing the jurisdiction of the road. The city did not have any input into this and was notified of the agreement after the fact. Because of this agreement, when the property was annexed, Bristol Ridge Road automatically became a city street. The road was then designed under the city's standards which includes green space medians on collector roads. Birgitt Peterson, 3025 Bristol Ridge Road, stated the she was told by the Kendall County Board that the United City of Yorkville approached them to turn over the jurisdiction of Route 34 from Bristol Ridge Road to Cannonball Trail. At this time the county gave Bristol Ridge Road to the township who in turn gave the jurisdiction to the city. Mayor Prochaska clarified that the jurisdiction was not given to the city; the jurisdiction becomes the city's upon annexation. Mrs. Peterson stated that according to the city's standards, no driveways are allowed onto Bristol Ridge Road however; there are driveways already on the east side of the road. Mayor Prochaska stated that the city could have 'a median down the entire length of the road but because there are existing driveways there will not be medians in front of them so that residents will be able to pull out of their driveway in either direction. Mrs. Peterson stated that she heard about the medians by accident. She was concerned that there wasn't a public hearing regarding this. She stated that MPI claims that they wanted to be "good neighbors" but they did not inform the residents of this change. She also stated that she went around the city and there are very few roads with medians. i Page 2 of 12 Mayor Prochaska reiterated that the medians will not be near driveways out to Bristol Ridge Road and they will be landscaped similarly to that on Countryside Parkway. He also noted that Mrs. Peterson and her neighbors will no longer be paying taxes for Bristol Ridge Road as they are not in city limits. Don Peterson, 3025 Bristol Ridge Road, asked why the City has not cut the grass along Bristol Ridge Road all year. Director of Public Works Eric Dhuse stated that the city has mowed the ditches about a month ago however there were storm sewer pipes in the way. Mayor Prochaska reminded the residents that they are responsible for mowing the parkways. Mr. Peterson asked if the city was going to hold a meeting to discuss the design change with the residents in the area. Attorney Kelly Kramer stated that the developer is only required to hold one public hearing and then it becomes the responsibility of the citizens to follow up at additional meetings. Mr. Peterson told the Council that there are three reasons that he doesn't want the medians on Bristol Ridge Road: 1) they block access to his neighbor's lot; 2) the medians give the appearance of a subdivision, thoroughfare or parking lot and 3) snow drifts on Bristol Ridge Road from west to east and the medians will make it hard to plow the road thus creating a traffic hazard. He stated that he felt that there were legitimate reasons that should be considered when designing the road. Lois Seaton, 3123 Bristol Ridge Road, addressed the Council. She stated that she moved into her home in 1961 and then bought the lot next door in 1967. She stated that she does not appreciate being compelled to build a house on this lot facing Linden Drive just because of the medians. Mayor Prochaska stated that the concerns of the residents regarding the design of Bristol Ridge Road have been noted and that he that he will check into the mowing situation for the residents. ZBA 2004 -08 — Marathon Petroleum — 504 S. Bridge Street Mayor Prochaska reported that the zoning variances have been before the Zoning Board of Appeals (ZBA). He noted that there is a legal objection to the variances so a 3 /4 vote will be needed to approve the variances. He also noted that Building Inspector Bill Dettmer did an investigation on the property because there was a question about it having special use zoning. Mr. Dettmer's investigation found that the first permit issued for this property was to Checker Oil Co. in October of 1967. Subsequent permits were issued for remodeling in 1978, 1990 and in 1998. Based upon his research it was determined that the original permit was issued before the city had special use zoning. The property is zoned B -2 and Attorney Kramer stated that there is no operating hour restriction on the gas station property. If the variances are not granted, they still can start operating 24 hours /day. The Council discussed the hours of operation and entering into a development agreement in order to limit them. Jim Bailey with Marathon stated that without the remodel of the gas station, it would not be beneficial to be opened 24 hours. Georgia Krause, 504 Bell Street, addressed the Council with her concerns regarding the operation of the gas station 24 hours /day. She stated that she and other residents in the area were not against the remodeling but rather the hours of operation. Alderman Sticka noted that Ms. Krause's house was about two year old and he asked if she had these concerns when she moved in. She stated she did research before moving in and was told by a clerk at the station that the operation was from 10:00 A.M. to 6:00 P.M. and that was the way it was going to stay. Page 3 of 12 Alderman James noted that quite of few of the residents who signed the petition are in houses that are relatively new. Alderman Sticka noted that this is a case of residential moving into a commercial area not the other way around. Alderwoman Burd noted that after Route 47 is widened, the area will probably become more commercial. Alderman Munns noted that the gas station is already at the location and they are trying to make it look as nice as they can with the remodeling. Representatives from Speedway asked what the process would be if the City Council fails to pass the request for variances. Mayor Prochaska stated that improvements can still be made within the existing footprint of the property and they still can open the station 24 hours /day. Alderman Kot expressed his opinion as a citizen living fairly close to the station. He stated that there is a place for a 24 hour /day business however he did not feel this is the location for it. He also asked what the voting criteria were for the ZBA. Attorney Kramer stated that Zoning Coordinator Anna Kurtzman sent the Council a memo dated June 30, 2004 explaining the findings of fact based on seven factors for the variances. The ZBA voted for the variances however they did not have a super majority vote needed to approve them. The Council discussed the variances requested and Mayor Prochaska noted that he had a problem with the variance for the garbage enclosure because it will be too close to the road when Route 47 is widened. The Council discussed if the variances themselves were a detriment to the neighborhood. Attorney for Speedway, Greg Ingemunson reminded the Council that legally the hours of operation were not a factor to the variances. Alderwoman Burd noted that when a few homes on Route 47 rezoned, the owners commented on the amount of landscaping that they had to do. She asked if the landscaping ordinance applied to this situation. Mayor Prochaska stated that if a development agreement was done, the ordinance would apply. Administrator Graff stated that the building permit triggers the landscape ordinance. Mayor Prochaska noted that the location is already non - conforming so this is in a gray area. Alderwoman Spears asked if Speedway had any idea how many of their operations in residential areas are open 24 hours /day. A representative from Speedway stated that he did not have this information but could get it for the Council. The Council went over the plans with the representatives of Speedway to clarify where the current building sits on the lot versus the location of the new building. Mayor Prochaska asked the representatives of Speedway if they were interested in the City Council considering the variances for a vote. He stated that Speedway also had the option of entering into a development agreement. Attorney Ingemunson asked that the variances keep moving forward. This item was placed on the July 13, 2004 City Council meeting regular agenda. DETAILED BOARD REPORT — BILL LIST Alderwoman Spears questioned the following items on the bill list: o Page 20, third item, Engineering — Repair Door for $244.00. Mr. Graff stated that the power window broke in the door of one of the Engineering Department's vehicles. o Page 21, second item under Menards for Engineering —maintenance of vehicle for $174.56. Mr. Graff stated that the Engineering Department builds their own storage in Page 4 of 12 the back of their trucks. This was for the new vehicle in the department. Mrs. Pleckham verified that this was for shelving and boards. • Page 29, third item under Precision Lube for Engineering, Oil Change for a 1987 Chevy. She questioned if the vehicle was really a 1987 Chevy. Mayor Prochaska and Mr. Graff noted that this is the oldest truck in the city's fleet. • Page 36, first item for Tom Simmons, mail box repair for $97.09. Mr. Graff indicated that the city damaged the mailbox and the resident fixed it himself and turned in the bill. • Page 37, last item, Building & Zoning, books and maps for $322.50. Mr. Graff stated that every year the city renews the zoning books kept in the Clerk's office. Alderman Munns question an item on page 26 for Northwestern University for $1,995.00. Chief Martin stated that Lieutenant Don Schwartzkopf went to the Executive Management Program and this is the tuition for the class. Alderman Besco questioned an item on page 10 for T -1 line maintenance for $1,958.07 dated 6/1/04 however the charge for the T -1 installation was dated 6/13/04. He asked why there was maintenance on something that wasn't installed yet. Finance Director Traci Pleckham indicated that both charges were related to the installation of the T -1 line; one charge was for the installation of the equipment and the other was for the labor. There were no further comments or questions. ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA 1. Police Reports for May 2004 2. In -Town Road Program — Additional Services 3. Kylyn's Ridge Unit 1 — LOC Reduction #2 4. Kylyn's Ridge Unit 2 — LOC Reduction #1 5. Heartland Circle — LOC Reduction #1 6. 2004 Joint & Crack Filling — Results of Bid Opening Mayor Prochaska asked the Council if they had any question or comments on the consent agenda items. There were none. The items were placed on the July 13, 2004 City Council meeting consent agenda. MAYOR (continued) Master Facility Plan Mayor Prochaska noted that due to the length of the agenda, he recommended moving this item to the end of the agenda for discussion. Administrator Graff stated that staff could review the information and qualifications presented by the firms that made presentations and give a report to the Council. The Council agreed to this and Alderwoman Burd asked if the report would please note who is on the team for each firm. This item will be brought back to the July 20, 2004 COW meeting. School District's Request for Exemption from Water Conservation Regulations Mr. Graff stated that the school tried to meet the deadline of July 1, 2004 to get landscaping done for Yorkville Intermediate School however the project was delayed due to this spring's rainy Page 5 of 12 weather. The School District sent a letter to Mayor Prochaska asking for an exemption from the water regulations. If the Council doesn't grant the exemption, the School District will have to wait until September 1" to finish the landscaping. The area will possibly be muddy when the school opens. The Council discussed watering when rainy, granting the exemption with the stipulation that if a pump goes down they would have to stop watering, using seed blankets to help retain moisture and following the city's hours for watering. Attorney Kramer stated that she would draft an Intergovernmental Agreement including the above mentioned items and have it ready for a vote at the next City Council meeting. This item was placed on the July 13, 2004 City Council meeting consent agenda. Ehler's Agreement for Consulting Services for Public education of Library Referendum Mayor Prochaska reported that Ehlers & Associates is the group the Library Board is recommending to use to help develop public education for the library referendum. The cost for the services can be taken from the library expansion funds. Alderman Sticka stated he was at the Library Board meeting when they discussed the services. He stated that they felt that they did not need Option A which is the most expensive option. Alderman Kot asked which option they preferred and both Alderman Sticka and Mr. Graff stated that the Library Board did not specify which of the other options they preferred. Mayor Prochaska questioned the use of taxpayer's dollars to assist with the referendum. He stated that he supported an informational program however he felt that tax dollars should not be used for the politics of the referendum. Alderwoman Burd stated that she has been doing research on referendums lately and stated that she also had a problem with this. She suggested that the group limit itself to developing information for the referendum and not targeting a specific group. Attorney Kramer stated that she has had discussion regarding this and has been advised that caution should be used when co- mingling funds in this type of matter. Alderwoman Burd stated that she was upset that Ehlers was going to be giving the Library Board advice as to who should be on the committee. She recommended that the Library Board should allow citizens that want to be an advocate to be involved. The City Council asked Attorney Kramer to get further information regarding the funding of Ehlers & Associates. Alderman Kot asked why a vote was needed from the City Council on this matter and Mayor Prochaska clarified that this is not a budgeted item. Mr. Graff stated that the Library Board is asking that the cost for the services be taken from funds from the developer MPI. This item was placed on the July 13, 2004 City Council meeting regular agenda pending further information from Attorney Kramer. Intergovernmental Agreement with the Kendall County Forest Preserve for the Hoover Outdoor Education Center Property Mayor Prochaska distributed clean copies of the agreement to the Council. He stated that he had two issues with it. The first is with paragraph #5 stating that areas developed and operated by the Forest Preserve District will be exempted from any and all ordinance of the City. He stated that Page 6 of 12 he would like it clarified that areas developed by the City will be subject to ordinances of the City. If this is not clarified, the police may have difficulty enforcing ordinances in the areas that the city is using. He also questioned if this is want the District specifically wants to say. The Council discussed what ordinances the Forest Preserve District may not want to abide with. They also discussed that Kendall County ordinances should take precedence over United City of Yorkville ordinances. Attorney Kramer stated that she would discuss this with States Attorney Tim McCann. Mayor Prochaska's other concern was with paragraph #9 stating that all the property belongs to Kendall County and the United City of Yorkville has preferential status in scheduling the use of areas operated and maintained by the City. He stated that if this is done, Land Cash Funds cannot be used at this site because case law indicates the City has to have control of the land to use these funds. Alderman Sticka noted that paragraph #11 was also in conflict with paragraph #9. Attorney Kramer stated that this can be re- worded and she would meet with the County to address the concerns. There was further discussion regarding the length of the property lease. This item will return to the July 20, 2004 COW meeting for review of the revisions. Park Board Appointment Mayor Prochaska reported that he received four applications for the open position on the Park Board. He reviewed them and is recommending Tammy Smock for the position. She is a resident living in the River's Edge subdivision and has already been working with Executive Director of Parks & Recreation Brown as a volunteer. She will be replacing Dave Cathey who is moving out of the city. This item was placed on the July 13, 2004 City Council meeting regular agenda. ECONOMIC DEVELOPMENT COMMITTEE PC 2003 -13 Bailey Meadows Annexation & Preliminary Plan Mayor Prochaska reported that the Council had asked for a clean copy however it was not in the packets. Mr. Graff stated that the Baseline Road improvement $2,000.00 /unit credit was not included in the agreement. Attorney Kramer noted that Zoning Coordinator Anna Kurtzman's comments hadn't been received yet because she is on vacation. Mrs. Kurtzman is verifying that all the requirements have been met in the revised agreement. Mr. Graff stated that he would have the information the next day and he and Attorney Kramer could go over them. A clean copy of the agreement should be available for the Council by Friday, July 9, 2004. This item was placed on the July 13, 2004 City Council meeting regular agenda. CITY TREASURER Treasurer's Reports for February, March & April Finance Director Traci Pleckham presented the reports as Treasurer Powell had to leave because he wasn't feeling well. She stated that he has the reports and he asked that they be tabled until the next COW meeting. i Page 7 of 12 Finance Options for Cannonball Trail Roadway Improvements and Emergency Generator Mayor Prochaska asked if the finance options could be discussed when the items are discussed later in the agenda. ECONOMIC DEVELOPMENT COMMITTEE (continued) Approval/Corrections of Minutes Mr. Graff noted that this is on the COW agenda because the Economic Development Committee has changed and he thought the former members could approve it tonight. Alderman Sticka asked that this be placed on the Economic Development Committee agenda for approval. Building Permit Reports for April 2004 There were no comments or questions from the Council. This item was placed on the July 13, 2004 City Council meeting consent agenda. Yorkville Hill Landscape annexation Agreement Attorney Kramer stated that everyone is happy with the construction of the fence between the Yorkville Hill Landscaping property and the Block property. Alderman Sticka noted that the agreement was still missing exhibits. Attorney Kramer stated that City Planner Mike Schoppe has the exhibits and they will be with the agreement when it goes to the City Council meeting. This item was placed on the July 13, 2004 City Council meeting regular agenda. PARK BOARD Park and Recreation End of Year Report Ms. Brown reported that this was an information item. There were no comments or questions from the Council. River's Edge Park - Bid Approval Ms. Brown reported that the bids were opened for the actual construction of the park. The construction is being covered by an OSLAD grant and the City will be getting 50% in matched funds. The lowest bidder was George's Landscaping and the Park Board is recommending they be awarded the bid. Construction of the park will take place in about two weeks after the Council approves the awarding of the bid. Attorney Kramer stated she had reviewed all the documents related to this and everything is in order. This item was placed on the July 13, 2004 City Council meeting consent agenda. Kylyn's and Cannonball Park Development — OSLAD Resolution Ms. Brown reported that a meeting was held with the residents of the area to discuss the construction of the park which is slated the spring of 2005. It will be a Land Cash development. Eighteen residents attended and all were in favor of the park. There are two concepts proposed; a Civil War and pirate themes and the residents recommended the Civil War Theme. The Park Board is asking for approval to submit for a preliminary OSLAD grant. The City's grant writer has suggested this even though the Governor has put a hold on funding, there is a possibility that there may be funds available in the future. An OSLAD grant is a 50% grant. Page 8 of 12 Ms. Brown went over the plan for the park's development. It was the consensus of the Council to move forward with the grant application. This item was placed on the July 13, 2004 City Council meeting consent agenda. PUBLIC WORKS COMMITTEE Faxon Road Extension — Whispering Meadows to Route 47 — EEI Engineering Agreement Mayor Prochaska reported that this is for the engineering for the extension of Faxon Road to Route 47. Mrs. Pleckham stated that this will be an NET (Motor Fuel Tax) project so the funds are available. Mr. Graff indicated that the fees may be recaptured from developers at a later date. This item was placed on the July 13, 2004 City Council meeting consent agenda. Cannonball Trail Roadway Improvements — Result of Bid Openings & Funding Options Alderman Besco reported that City Engineer Joe Wywrot brought it to the Committee's attention that the project is going to cost more than originally planned and is $64,000.00 short. Mr. Graff noted that the extra cost was due to the replacement of a 48" culvert and guardrail. Mayor Prochaska reported that there are carry -over funds from last year that have been transferred to the General Fund. By state statute, the funds are to be used for capital projects such as this. Alderman Kot noted that Mr. Wywrot's memo referred to using funds from the sidewalk program. Mr. Graff stated that this will not be done now that the carry -over funds are being used. He also stated that City Treasurer Powell is comfortable with the percentage of the fund balance after using funds toward this project. Mr. Graff stated that the staff would like to award the contract and use General Funds for it. This item was placed on the July 13, 2004 City Council meeting consent agenda. Agreement with YBSD for Rob Roy Creek Interceptor Attorney Kramer reported that the agreement was drafted and approved by the Yorkville - Bristol Sanitary District. She stated that there was still some clean -up needed on the language. This will return to the July 20, 2004 COW meeting. Blackberry Creek USGS — Drainage Area Mayor Prochaska reported that the original plan was that the City was to pay $54,064.00 toward the study and Kendall County was going to pay $28,114.00 however the County has only approved $20,000.00 for the project. This increases both Yorkville and Montgomery's share of the study. The Council discussed the County's choice to not fairly share in the cost of the study, what would happen if the study is not done, how the flood plain mapping affects residents and additional funding from the United States Geological Survey (USGS). After some discussion, Mayor Prochaska stated that the Council voted to pay the $54,054.00 in good faith that the other affected entities would do likewise. He suggested that the USGS be told to find the funding elsewhere. The Council agreed that Kendall County owed them an explanation for their decision. Mr. Graff stated he would relay this information to the Kendall County Administrator. Page 9 of 12 This item will come back to the July 20, 2004 COW if there is any further information. Raymond Storm Sewer Outfall — EEI Engineering Agreement Mr. Graff stated that the fee for the preliminary design services is $14,490.00. It has been recommended that the City fund this initial amount and developers fund the remainder of the $108,685.00 (the total fee for the final design and construction). The City's portion can be recaptured. Mr. Graff explained that outfall for the Raymond Drainage District is needed to control flooding east of Route 47 up to the Dixon Road area and by -pass Route 30. The outfall will connect this drainage district to the Rob Roy Creek area. Approval is needed for the preliminary design services for $14,490.00 with notice to proceed with the remainder of the engineering services as funds are received from developers. Contingency funds will be used. Attorney Kramer stated that EEI can be given noticed to proceed however a recapture agreement needs to be developed. This item was placed on the July 13, 2004 City Council meeting consent agenda. Kennedy Road Reconstruction — Theidel Properly — EEI Engineering Agreement Mr. Graff reported that the engineering agreement will be contingent on receiving funds from the developers of the Hinsdale Nursery Property, Pulte Homes, who is planning their annexation public hearing for August 2004. Mayor Prochaska also noted that the City is following the Illinois Department of Transportation format however MFT funds are not going to be used. This item was placed on the July 13, 2004 City Council meeting consent agenda. CJ Insulation Easement for Watermain to New Water Tower North of Galena Road Mr. Graff reported that a water main easement is needed across the CJ Insulation property of Wheaton Avenue. They owners of the property have already signed the easement. This item was placed on the July 13, 2004 City Council meeting regular agenda. Hydraulic Avenue Interceptor — Results of Bid Opening Attorney Kramer stated that a letter was received from Deuchler Associates stating that all the bids that were received were too high. They are recommending that they be rejected and that the project be re -bid. She stated that Deuchler is in the process of re- publishing for bids and developing new bid packets but will not proceed until the received bids are rejected. Mr. Graff indicated that this will delay the project four to six weeks however the project can proceed through the winter months if needed. He indicated that the bids ranged from $2,023,001.05 to $2,451,700.00. The engineer's estimate was $1,900,000.00. In an effort to reduce costs they will be deleting contaminated soil disposal from the bid. Any contaminated soil will still be removed by the contractor however the City will arrange for the disposal of it. This item was placed on the July 13, 2004 City Council meeting regular agenda. PUBLIC SAFETY COMMITTEE Emergency Generator Alderman Kot reported that the emergency generator is not adequate for the entire City Hall building. Sergeant Diederich got bids for a new generator system and the low bid was from Patten Power Systems for $50,292.40. Chief Martin explained that it will take 15 weeks to get Page 10 of 12 the generator and it will run on natural gas. The down time for the switch of the generators should be two to three days and hopefully will be done on a weekend. Mayor Prochaska reported that there are funds available in the carry -over from last year. He stated that it needed to be determined if funds should be taken from the General Fund or Municipal Building Fund. Alderman Sticks asked what was going to be done with old system. Chief Martin explained that the old generator will be used at a pump station. Alderman Sticka asked if the City originally bought a generator that was too small. Mr. Graff explained that the original generator was large enough for the initial building however is not adequate for City Hall since the build -out. The relocation and installation of the generator was discussed further. This item was placed on the July 13, 2004 City Council meeting consent agenda. Request Purchase of Budgeted Vehicles Alderman Kot reported that Chief Martin has requested the purchase of budgeted vehicles. One vehicle will be a squad car ($18,299.00) and the other is an evidence van ($33,818.00). Alderman Kot asked what the time frame for the set up of the interior of the van will be. Chief Martin stated that funds are available for the cabinets and radios this year and there will be more funds available next year to further outfit the van. Mayor Prochaska stated that funds are available for the squad car however financing is needed for the van. Further information is needed on financing. Mrs. Pleckham stated that she had been looking into a loan for $62,500.00 for the van and the build -out of a DARE squad. She indicated that there are surplus funds in both the Capital Fund and the Weather Warning Fund that can be applied to the purchase which leaves $24,000.00 to be financed for the squad car. Mr. Graff asked if the Council wanted to authorize Mrs. Pleckham to contact the local banks regarding the financing and the consensus was to allow this. This item will be brought back to the July 20, 2004 COW meeting. The purchase of the squad car was placed on the July 13, 2004 City Council meeting consent agenda. Hiring Individual to Replace Officer Patricia Cernekee Alderman Kot reported that Officer Patricia Cernekee resigned and Chief Martin has requested the hiring of a replacement. The Fire & Police Commission has certified an individual for hire who is a veteran police officer. Alderman Kot noted that the Police Department is scheduled to hire two more officers and that there has been discussion regarding the hiring of seasoned officers versus those without experience. He stated that he would like to see the department hire an inexperienced officer next time. Chief Martin stated that is what is planned. Alderman Kot complimented all the new officers that have been hired. This item was placed on the July 13, 2004 City Council meeting regular agenda. ADMINSTRATION COMMITTEE Page 11 of 12 No report. ADDITIONAL BUSINESS IML Registration Alderwoman Spears stated the City Secretary Annette Williams has asked that the IML registration be returned to her by July 30, 2004. Alderwoman Spears felt that this was waiting too long and members of the Council may end up with reservations at the Palmer House not the Hilton Towers. She suggested that all the members of the Council be registered at the Hilton and those not able to attend can cancel. Mayor Prochaska stated that this direction has already been given to Mrs. Williams. Pat Summerall Productions Alderwoman Spears noted that the final payment to Pat Summerall Productions was on the bill list. She asked for the status of the funds for this. Mr. Graff stated that approximately $22,000.00 has been received and he is expecting two more contributions. Mayor Prochaska asked for an update at the City Council meeting prior to the vote on the bill list. A stipulation can be added to the motion for the bill list to address this. School Board Alderwoman Burd noted that the School Board passed a resolution to encourage the City to get developers to build schools. She stated that she attended the meeting and she supported this resolution and she asked for support from the remainder of the Council. Police Department Alderwoman Burd noted that she saw letters from Kendall County Health and Human Services commending the Yorkville Police Department for the fantastic job they have done in aiding them. Letters to the Editor Alderwoman Burd commented on recent letters to the editor of the Kendall County Record newspaper regarding aldermen commenting on issues. She stated that she respect people's right to their opinion however she found it odd that a resident would think that the Council would not have opinions and that aldermen should be quiet on issues. She stated that it is the Council's job to represent their constituents. She noted Park Board members are appointed and do not represent constituents. She wanted to point out to the citizens of Yorkville that none of the Council should be quiet on the issues. Zoning Board of Appeals Alderman Sticka stated that the letter criticizing the way the ZBA works was very unfair. He noted that the ZBA is comprised of volunteers trying to do the best they can. Mayor of Plainfield Mayor Prochaska reported that the mayor of Plainfield, Richard Rock, died. He stated that the United City of Yorkville is sending a letter of condolences to the Village of Plainfield along with a donation to Mayor Rock's memorial. He stated that he had worked with Mayor Rock on several things and that he found him to be conscientious and easy to work with. Alderman Sticka stated that Mayor Rock was a gentleman. There was no other additional business. Page 12 of 12 EXECUTIVE SESSION Mayor Prochaska stated that the Executive Session for the purchase or lease of real property for the use of the public body was not needed. Mayor Prochaska entertained a motion to go into Executive Session for the appointment, employment, compensation, discipline, performance, or dismissal of specific employees to hear testimony on a complaint lodged against an employee to determine its validity. So moved by Alderman James; seconded by Alderman Munns. Mayor Prochaska asked that the City Clerk, City Administrator and Attorney Kramer be included in the session and that no action would be taken following the session. The motion was approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye Spears -aye, Sticka -aye The Council entered into Executive Session at 10:00 P.M. The Council returned to regular session at 10:20 and the meeting was adjourned. Minutes submitted by Jackie Milschewski, City Clerk Committee of the Whole Meeting July 6, 2004 PLEASE PRINT NAME: ADDRESS: �Vls I / n s al 4 1�►-X �Z,i ry, �2 / rT, j%i Ly ,C� 4K 6►e ®I< SIGNIN I