COW Minutes 2002 03-05-02 1
UNITED CITY OF YORKVILLE
COMMITTEE OF THE WHOLE
MARCH 5, 2002
7:00 P.M. APPROVED
MEMBERS PRESENT: _ . ...
Alderman Joe Besco Alderman Richard Sticka
Alderwoman Rose Spears Alderwoman Valerie Burd
Alderman Mike Anderson Alderman Larry Kot
Alderman Paul James Mayor Art Prochaska
City Clerk Jackie Milschewski City Engineer Joe Wywrot
Finance Director Traci Pleckham City Attorney Dean Kleronomos
Police Chief Harold Martin
Guests:
See attached sign -in sheet.
BLACKBERRY CREEK INTERCEPTOR
Mayor Prochaska reported that the Yorkville- Bristol Sanitary District (YBSD) was given
alternatives to the Blackberry Creek Interceptor project from Walter Deuchler and Associates.
The proposals are:
• A main along Blackberry Creek (the original proposal)
• A force main down Route 47 to Countryside Parkway
• Two options to run the main south through the Heartland subdivision.
This was the first opportunity for the Council to discuss the alternative proposals.
Mayor Prochaska pointed out mathematical errors in the cost estimates; one was $50,000.00 too
low and another was $600,000.00 too high. He stated that there are still questions regarding how
these options compare to each other. Also, options 1 & 2 include the Bristol area but do not
include adding any service in the Heartland area. This area is shown in options 4 & 5 but these
don't include the Bristol area. There are inconsistencies in the options. Another issue of concern
to the city is where it will it hook into the line.
The Mayor stated that the City's contract indicates that YBSD would obtain easements. City
Engineer Joe Wywrot stated that the YBSD is the lead agency in this project. Mayor Prochaska
expressed his hesitancy to go further until easements were obtained.
Mayor Prochaska stated that one idea not listed was an alternate route through the green spaces in
Countryside instead of the creek bed. Mr. Wywrot indicated that he sent City Administrator
Graff a memo on March 5, 2002 regarding this option and copies were distributed to the Council.
Alderman Sticka commented that the option that utilizes taxpayers dollars best was the
Blackberry Creek route. This was planned out thirty years ago. A sewer has been in place there
for several decades but it wasn't extended at the time because there wasn't a need for it He
realizes that people along the creek are concerned for the environment. He suggested that if
people would go to where the sewer is already in place, there is no evidence of a loss of
environment. He stated that more trees were removed for the homes built in the areas versus the
sewer line.
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The cost of an environmental study of the area was discussed. Mayor Prochaska stated that he
received letters from the Conservation Foundation and the Blackberry Watershed Group offering
assistance. He asked City Administrator Graff to contact them to find out what assistance were
they willing to provide but Mr. Graff was out of the office due to having surgery. The mayor
wondered if grant dollars would be available if another route was used in an effort to preserve the
environment.
Another concern discussed was the maintenance that would occur with some of the options such
as with lift stations and leaks in the system. A lift station requires a force main which is sewage
under pressure. This is totally different from sewage running by gravity as along the creek. If a
force main leaks, sewage leaks out but if a gravity line leaks water leaks into it. The life
expectancy of a force system is half that of a gravitational system.
Mayor Prochaska indicated that the portion of land looking to develop east of Route 47 between
Kennedy and Route 34 is probably the last large piece of developable land that will hook on to
the interceptor. He felt that an answer that covers all areas should be found. Alderman Sticka
stated what was needed was to find out if the fears of the residences along Blackberry Creek are
legitimate.
The Council discussed having an environmental study done of the area. Mayor Prochaska
suggested getting ideas from conservation people for a firm to do the study. This would expose
existing problems such as erosion, effects of development, etc. and give suggestions for the
future. Alderwoman Spears asked if the Environmental Protection Agency (EPA) was contacted
and Mr. Wywrot indicated that .Deuchler contacted the EPA along with the United States
Department of the Interior /Fish and Wildlife Service to see if there was an record of endangered
species in the Blackberry Creek area. They found no record of endangered species in the creek
itself In the area surrounding the creek there also was no record of endangered species however
the type of forested area around the creek is conducive to the habitat of the Indiana bat which is
endangered. Alderman Sticka stated that the Council is not intent on destroying the environment.
The city is trying to preserve green space but it is also trying to accomplish something in the best
and most economical way. Alderman Besco commented that no one wants to damage the
environment but if you look at the pictures in the Council room from 1961, and compared it to an
aerial picture of today, the vegetation is unchanged. However, more trees have been removed
because of the subdivision. It was decided that the Council needed all the facts before making a
decision and that the study needed to be done soon. Mayor Prochaska asked Mr. Wywrot to
contact the Conservation Foundation in Mr. Graff s absence to see what services they offer. Mr.
Wywrot stated he would do this and he would ask what other agencies need to be contacted such
as the Army Corps of Engineers.
Mary Ratos, 201 W. Kendall Drive, commented that her prime objection to the interceptor is its
ecological impact. She felt if would be catastrophic to put the line along the creek. She stated
that she felt that the creek option cost was grossly underestimated because of the ground
conditions along the creek. She stated that she has seen city projects here and elsewhere go two
to three times over the estimate. Mayor Prochaska stated that while he has been on the Council,
there has never been a project that went four times over estimate. He indicated that the estimate
should be close to the industry standard. He also indicated that this is not a final estimate and did
not include every cost such as tree removal. Ms. Ratos asked if the study would inform everyone
what type of equipment would be brought in and what size trenches were needed. Mayor
Prochaska stated that before this information would be determined, the first step would be to have
a study done indicating the impact on the environment.
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Gail Gaebler, 202 E. Main Street, commented that she does not live near the creek but feels it
would be devastating to the environment to remove large, established trees. Mayor Prochaska
stated that there is technology that was not available twenty years ago so it might be possible to
preseive the trees.
David Swistara, 111 Anderson Court, asked how the sewer line would be fixed in the future if
there is a problem with it. Mayor Prochaska stated that the line would be accessed in the same
manner, as it would be when being installed.
Chuck Roberts of Yorkville commented that options three and four also serve the Heartland
subdivision. He wanted to know if this area needed to be served anyway. Mayor Prochaska
stated these options preclude sewer service going into the Bristol area. The full scale of these
options needs to be looked at. Mr. Roberts also asked that if this is to serve Bristol, won't the line
have to go under the creek and wouldn't a lift station be needed. Mayor Prochaska indicated that
running the line under the creek was not a problem, in fact there is a line under the Fox River.
Also this would be a gravity line.
Alderwoman Spears thanked Mr. Wywrot for coming up with option #5 which was suggested to
run in the common open spaces and rear yards of homes in Countryside. However, this line
would come as close as 25 feet of some homes and require tight steel sheeting which is expensive
and could cause damage to nearby foundations. She stated that it would be hard to ask residents
to give up open space and chance their homes foundations cracking.
Martha Price, 29 Hickory Lane, commented that the Openlands Project has asked the EPA to
revise their guidelines for sewers so it may be that the EPA has changed this since they were
contacted.
There was no further discussion.
Mayor Prochaska stated that as the Council received more information this subject would be
discussed further. He advised the public to watch the newspaper and the agendas for future
developments.
PC 2002 -04 - PRIMUS CORPORTATION REZONE OF 3 ACRES IN FOX HILL
Alderman Sticka reported that this was an old agreement to exchange parkland for business
zoning. The ordinance granting B -3 zoning will clean up the agreement and make it official.
Mayor Prochaska indicated that the Plan Commission had a favorable recommendation for the
rezoning.
There was no further discussion and the item was place on the March 12, 2002 City Council
agenda.
BUILDING DEPARTMENT REPORTS
Alderman Sticka stated that the Economic Development Committee (EDC) had reviewed the
November and December 2001 and January 2002 reports and there were no problems. Mayor
Prochaska pointed out that last year the city had just under $53 million in total new construction.
This was a record for the city.
There was no further discussion and the item was place on the March 12, 2002 City Council
agenda.
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YORKVILLE ECONOMIC DEVELOPMENT CORPORATION - CITY'S
CONTRIBUTION
Alderman Sticka stated that this was also reviewed at an EDC meeting. It is a request for the City
to make a commitment of $45,000.00 per year for the years 2003, 2004, and 2005. This is the
same amount of money the City has contributed each year in the past and has not gone up because
there are additional members. The group began with 18 members and now has seventy - three.
The EDC recommends the contribution.
There was no fin discussion and the item was place on the March 12, 2002 City Council
agenda.
ADOPTION OF 2000 INTERNATIONAL CODE COUNCIL BUILDING CODES
Mayor Prochaska indicated that City Building Inspector Bill Dettmer was unable to attend the
meeting due to Barb Dettmer's illness. Alderman Sticka indicated that Mrs. Dettmer made a
presentation to the EDC. He stated that her presentation was very technical but that this was a
code that was being adopted b cities throughout the country. This code will set univer sal
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standards.
It was determined that if there were any questions from the Council, the Dettmer's would be
available at the next City Council to answer them.
There was no further discussion and the item was place on the March 12, 2002 City Council
agenda.
REVISION TO THE AMENDED BUILDING PERMIT FEE ORDINANCE
Alderman Sticka indicated that this had not been discussed at an EDC meeting. Mayor Prochaska
commented that the revision is to change the name of the building codes to the new code that the
city is looking to adopt and to change a fee that was incorrect.
Alderman Kot asked if the ordinance had been reviewed by the Yorkville- Bristol Fire Department
(YBFD) because it indicates items such as water sprinklers. Mayor Prochaska asked City
Engineer Joe Wywrot to give YBFD a copy for review.
Alderwoman Spears commented that the original ordinance did not address detached garages and
electrical but the amended ordinance does. She wanted to know if this was a new change and
Mayor Prochaska stated that this probably was a change because of the new codes. Alderwoman
Spears asked if the changes could be underscored so that the Council would be more aware of
them.
There was no further discussion and the item was place on the March 12, 2002 City Council
agenda.
YORKVILLE GARDENS APARTMENTS - RESOLUTION OF INTENT TO ISSUE
REVENUE BONDS
Finance Director Traci Pleckham indicated that Attorney Kramer had reviewed the resolution and
was comfortable with the wording. Mayor Prochaska explained that this was a request from
Brisbon Development. They are developing an apartment complex on the Inland property east of
Marketplace Road and west of the Playground Place store and behind where the new Inland
building will be on Route 34. This complex is part of a 1998 court decree, which allows this
property to have up to 148 units.
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Anthony Birkla from Brisbon Development addressed the Council and explained that they are
asking for a bond reducement for the units. The program is similar to the single - family first -time
homeowners program except it applies to rental property. This allows them to build upper -end,
high quality apartments or luxury condominiums for individuals with moderate incomes.
Mr. Birkla gave a presentation of Brisbon Development indicating they are one of the largest,
privately owned developers in the United States. He also indicated that they maintain ownership
of every development they build. He stated they build quality, maintenance free buildings with
luxury amenities such as appliances, high speed Internet access, clubhouse with a pool, etc.
He stated that they are asking the city to issue the bonds in order to lower Brisbon's debt. The
benefits of this are that they will produce the best product in town, which will provide clean, safe
housing for individuals such as teachers, firemen, people just out of college, etc. They are not
asking for zoning changes or tax abatements. Another benefit is that the development will create
construction and maintenance jobs.
Mr. Birkla showed the Council drawings of the proposed development.
Mayor Prochaska asked Finance Director Pleckham if there was a liability to the City. She stated
that there is no liability to the City; that the bonds are similar to the first -time homeowners
program the city has. He also clarified that the consent order states that the developer will pay all
school, park and other impact fees at the time the building permits are obtained.
Mayor Prochaska noted that the developer's plan they did not show enclosed garages, which they
are required to have. Mr. Birkla indicated that the plan did not show this because Brisbon's
managers haven't met to discuss the garage placement. After they meet, this will be reflected on
the new plans. He stated that the consent decree doesn't require any particular plan other than
one that shows the number of units and landscaping. However, they are interested in putting out
the highest quality product. He went over the plans indicating access points, clubhouse, etc.
Mayor Prochaska was concerned that if the Council passed this resolution of intent, they would
still have the opportunity to view the design before the final resolution would be passed. He
noted that the consent decree states that 148 units with garages can be built on this property and
that the builder will have to pay all the applicable fees. It does not state anything about the
appearance of the development. He felt that if the City were going to help the developer with the
bonds, they would like to have input on the final design. The project is located at the "front door"
of Yorkville and the City would like to make sure this is a quality design.
Alderman Kot questioned that if the bonds are not issued would Brisbon go to the Illinois
Housing Authority? Mr. Birkla indicated that they could go to either the City or State for the
bond issue. Alderman Kot asked if the State guidelines were different and Mr. Birkla stated that
the guidelines are the same for both. Alderman Kot commented that he like the plan but how will
this development look in ten years due to management changes. He asked if the tenants pay
association fees. Mr. Birkla indicated that the amenities are paid through development costs and
that Brisbon owns and operates all its developments itself. Mr. Kot noted that this could be sold
at some point. Mr. Birkla stated that this program requires that they retain ownership. They
could sell but they would have mayor tax repayments.
Alderwoman Spears asked if they have ever sold any of their developments. Mr. Birkla stated
that the company has been in business for thirty years and he couldn't speak for the very first
developments but they have maintained most of them. She also asked what they consider
affordable rent. Mr. Birkla indicated that a two - bedroom unit will rent for $850.00 /month and
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this includes a garage. He indicated that according to their market studies, similar units went for
an average of $1100.00 to $1200.00 /month.
Alderwoman Spears asked that when the clubhouse and pool are added to the plan, would it have
to go back to the Plan Commission? Mayor Prochaska stated that he spoke with Attorney Kramer
who did not feel that this would be a zoning issue because it is part of the development but
because the court decree did not include these options there may have to be a resolution to
include these.
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Alderman Sticka asked that if a tenant's income increases, would they have to move? Mr. Birkla
stated that he believed that the rules state that tenants can make up to 120% of their original
income. Alderman Sticka also asked about Brisbon ability to sell partnerships. Mr. Birkla stated
that they sell partnerships for tax exempt bonds. They do not sell to individuals but to large
companies who are looking to lower their taxable liability. The partners have no managerial
input.
Mayor Prochaska asked that the wording of the resolution be looked at in order to make sure that
the City is covered in regards to the development design. Alderman Kot felt that the Council
needed time to digest the concept before having to vote on the resolution and asked that it come
back to another COW meeting. Alderman Anderson noted that the City does not have a lot of say
in regards to the court decree and this is just a resolution on intent. Mayor Prochaska agreed that
the City does not have a lot of control over this property. Brisbon is allowing a small amount of
input and he would like to see a development with quality come in. He asked that this move
ahead.
This item was place on the March 12, 2002 City Council agenda.
SSA POLICY - DRAFT
Mayor Prochaska stated that Attorney Kramer still had questions on the verbiage so this item was
being tabled.
FOX INDUSTRIAL BOND ISSUE
Barbara Chevalier from Spear Financial presented a Preliminary Term Sheet, which was
distributed to financial institutions. She indicated that the bond issue would be for $625,000.00.
Feedback from the financial institutions should be received in the next week and then the
purchaser of the bonds would be determined. She stated that the term sheet included a debt
service schedule.
Mayor Prochaska clarified that this was put out into the "bond world" for institutions to bid on
buying the bonds. The winner of the bid is the one with the lowest interest rate to the city. Ms.
Chevalier stated that this was correct. She indicated that Kevin McCanna with Spear had
presented the bid to two financial institutions. The size of the bond issue lends itself to local
institutions that want to support the city. Mayor Prochaska noted that there are financial
institutions looking at moving into Yorkville and he asked if they had been approached. Ms.
Chevalier did not know which institutions Mr. McCanna spoke with.
Alderwoman Spears thought it would be good for Mr. McCanna to contact the new institutions
(Union Bank/Ottawa and WestBank/Westchester) if he hadn't already done so. Ms. Chevalier
said she would give the information to him.
There was no further discussion and this item was lace on the March 12 2002 City C ouncil
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agenda.
ALARM SYSTEMS FOR WATER SUPPLY SYSTEM
Alderman Kot stated that this item was discussed at the Public Works Committee meeting as part
of an ongoing review of security for the City's Public Works facilities.
Director of Public Works, Eric Dhuse, explained that the city received quotes from Thomas
Alarm System and Wire Wizard of Illinois. He indicated that the quote from Thomas was
incorrect. He asked them to delete the window detectors, which they did and add motion
detectors, which they did not. Even with the detectors deleted, they were still the highest bid.
Alderman Kot stated that both the Public Works Committee and Police Sergeant Diederich
recommend Wire Wizard. The funds for the alarm will come out of the Water Fund. Alderman
Besco asked if there were any grants available for the security of the water towers and Chief
Martin indicated that he would check into it.
There was no further discussion and this item was sent to the March 12, 2002 City Council
agenda.
MFT RESOLUTION FOR GAME FARM ROAD AND ROUTE 34
Alderman Kot reported that the January 30, 2002 memo from Joe Wywrot regarding this was
discussed at the Public Works Committee meeting. Smith Engineering was already authorized to
do design engineering on this project for a total of $21,189.00. This fee will be paid for with
MFT funds.
Mayor Prochaska asked Mr. Wywrot if any funds were left in the General Fund and Mr. Wywrot
indicated that since the project is being designed to MFT standards it makes sense to use MFT
funds to pay for the project.
There was no further discussion and this item was sent to the March 12, 2002 City Council
agenda.
SUNFLOWER ESTATES UNIT 1- BOND REDUCTION NO.3
Alderman Kot reported that the February 11, 2002 memo and spreadsheet from Joe Wywrot
regarding this was discussed at the Public Works Committee meeting. Mr. Wywrot clarified that
the bond would be reduced to a balance of $243,503.39.
There was no further discussion and this item was sent to the March 12, 2002 City Council
agenda.
ACCEPTANCE OF THE GREEN BRIAR POND
Alderman Kot reported that this item is still under discussion at the Public Works Committee. He
did not put this on the COW agenda and felt it should return to the next Public Works Committee
meeting.
SCHOOL TRANSITION FEE REOUEST
Mayor Prochaska reported that the School District has asked the City Council to look at an
increase to the School Transition Fee from $1,500.00 to $3,000.00. He stated that Attorney
Kramer was reviewing the wording of the resolution and the ordinance that allows the City to
collect this fee. The School District presented records and information to support the increase.
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Mayor Prochaska commented that the fees were originally passed in 1994 and they have not been
increased since then.
Alderwoman Spears asked if Roger Dahlstrom was reviewing the resolution and Attorney
Kleronomos indicated that Attorney Kramer was waiting for Mr. Dahlstrom's review.
Alderman Sticka commented on an article about a lawsuit in McHenry County claiming that this
type of fee in unconstitutional. He asked Mr. Graff to distribute copies of the article to the
Council. The group that filed the suit is asking that the fees be eliminated and any fees already
collected refunded. He asked if the City had received Attorney's Kramer opinion on this. Mayor
Prochaska stated that is why Mr. Kramer was cautiously reviewing the wording of the resolution.
Mayor Prochaska indicated that he would like to get Mr. Dahlstrom and Mr. Kramer's response
and bring this item back to the next COW meeting on March 19, 2002.
ARCHITECT FOR CITY HALL/POLICE DEPARTMENT
Alderwoman Spears reported that the Administration Committee recommends Williams
Architects to do the study for $10,000.00. She clarified that this was the second firm who made a
presentation at the February 19, 2002 COW meeting. Mayor Prochaska indicated that there
would have to be a resolution to authorize himself and the City Clerk to enter into the contract not
to exceed $10,000.00.
There was no fiuther discussion and this item was place on the March 12, 2002 City Council
agenda.
MONTHLY POLICE REPORT - FEBRUARY 2002
Alderwoman Spears reported that this was discussed at the Public Safety Committee and there
was nothing outstanding on the report. Alderman Kot stated that the report indicated a
kidnapping that did not occur and Chief Martin stated that this would be corrected.
There was no further discussion and this item was place on the March 12, 2002 City Council
agenda.
REOUEST TO APPOINT TWO POLICE OFFICERS (ONE REPLACEMENT, ONE
NEW HIRE)
Alderman Anderson reported that this did not come through the Public Safety Committee but
came from the Fire & Police Commission. These positions were to be filled all along but the
hiring was delayed because of the new process in hiring. Mayor Prochaska indicated that these
positions were in the budget. Chief Martin stated that they are looking to hire the new officers
either the first or second week of April. The new hires would be appointed at a City Council
meeting.
REOUEST TO PROMOTE TO A LIEUTENANT AND TO A SEREANT
Alderman Anderson indicated that was along the same lines as the previous item. The Lieutenant
position wasn't filled when Chief Martin moved up. The positions are included in the current and
new budget. Chief Martin indicated that the oral interviews for Lieutenant would be held March
10, 2002 and recommendation for the position would then come in about ten days. Sergeant oral
interviews will be held April 4 & 6, 2002 with the position being filled by the end of April.
Mayor Prochaska asked if Chief Martin was looking for a vote to approve the promotions. Chief
Martin indicated that he was not sure what was needed that is why he brought it to the COW
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meeting. Attorney Kleronomos wasn't sure if a City Council vote was needed because of the Fire
& Police Commission. He stated he would verify the process.
NEW POLICY FOR LIGHTENING SIREN
Alderman Anderson reported that this was discussed at the Public Safety Committee. This is an
agreement between the city and the schools and parks that when the sirens go on they agree to
leave the recreation fields until the all -clear siren goes off. Mayor Prochaska asked if all the
schools in the area were going to sign the agreement and Chief Martin indicated that he, the
Yorkville school superintendent, Parkview Academy principal and Park Board president would
sign the agreement.
Chief Martin indicated that the policy has been sent to Mr. Kramer for review and Alderman
Anderson stated that they would like this to be completed by April 1, 2002.
PROPOSAL TO PURCHASE A 2002 CHEVROLET IMPALA SOUAD CAR FOR THIS
BUDGET YEAR
Alderman Anderson reported that this was discussed at the Public Safety Committee meeting and
there are funds remaining in this year's budget for Chief Martin to purchase this car. He stated
that this is a different make, package and size car than previously discussed. He indicated that the
Committee felt that since the Chief's car currently does not have a first gear, is in need of
extensive repairs and the equipment for the Ford squads will not transfer over to this vehicle, the
car should be the Chiefs. He also stated that three squad cars would be purchased in the next
fiscal year.
There was no further discussion and this item was place on the March 12, 2002 City Council
agenda.
PROPOSAL FOR A CROSSING GUARD AT WEST SOMONAUK STREET AND KING
STREET
Alderman Anderson stated that this was discussed at the Public Safety Committee meeting but he
thought it was to be brought back to them. It was discussed that the crossing guard would not be
hired until the next school year. Chief Martin indicated that the Police Department is providing a
police officer at the crossing in the morning until the end of the school year. He indicated that he
would be speaking with the schools after March 19, 2002 and was going to ask for help with the
funding.
Alderman Kot stated that he supported the crossing guard since this all started with a complaint
that he received about speeding, people not stopping at the crosswalk, etc. He stated that he
appreciated the Police Departments efforts. Alderman Anderson stated that the Public Safety
Committee recommended the crossing guard.
ADDITIONAL BUSINESS
Annexation of High School
Alderman Sticka stated that it has been discussed in the past to annex the portion of the high
school that is not within city limits. Mayor Prochaska indicated that this is pending a survey of
the property and Mr. Wywrot stated that he thought that this was done. Mayor Prochaska asked
that this be checked into.
Route 47 Widening Easement
Alderwoman Spears asked if the ordinance for the Route 47 widening easement was ever
prepared and Mayor Prochaska stated that this was discussed at the last COW meeting.
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Mayor's Salary Increase
Alderwoman Spears asked if the ordinance for the increase in the mayor's salary had been
completed and Mayor Prochaska indicated that it was not done yet.
Policy for Staff Giving Out Council Telephone Numbers
Mayor Prochaska noted that a staff member thought it was policy not to distribute the Council's
home telephone numbers and was hesitant to give them out. The Council discussed this and the
consensus was it was allowable for the city staff to give out home telephone numbers. Mayor
Prochaska stated that this instruction would be given to the staff.
Illinois Women in Government Conference
Mayor Prochaska reported that he received information about the Illinois Women in Government
Conference. He stated that he would leave the information out for those interested.
There was no other additional business.
Meeting was adjourned at 9:15 P.M.
Minutes respectfully submitted by:
Jackie Milschewski, City Clerk
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