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City Council Minutes 1999 02-25-99 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS HELD AT THE KENDALL COUNTY BOARD ROOM, 111 W. FOX ST., YORKVILLE ON THURSDAY, FEBRUARY 25, 1999. Mayor Johnson called the meeting to order at 7:01 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Simmons called the roll. Ward I Spang Present Sticka Present Ward II Burd Present Kot Present Ward III Anderson Present Prochaska Present Ward IV Sowinski Present Spears Present QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Johnson welcomed those present and asked them to introduce themselves and to enter their name on the attendance sheet provided. AMENDMENTS TO THE AGENDA None. COMMITTEE MEETING DATES Public Works Committee Monday, March 15, 1999, 6:30 P.M. City of Yorkville Conference Room 111 W. Fox Street - Suite 3 Economic Development Committee Tuesday, March 16, 1999, 6:30 P.M. City of Yorkville Conference Room 111 W. Fox Street - Suite 3 Public Safety Committee Monday, March 22, 1999, 6:30 P.M. City of Yorkville Conference Room 111 W. Fox Street - Suite 3 Administration Committee Tuesday, March 9, 1999, 7:00 P.M. City of Yorkville Conference Room 111 W. Fox Street - Suite 3 CITIZENS COMMENTS Mayor Johnson stated anyone at the meeting tonight concerning the dam issue, it was erroneously printed that there would be some type of a vote taken regarding the dam. He said that there was never a vote set for tonight. He said any involvement that the City of Yorkville has regarding the dam will be one that is advisory. He said the Department of Natural Resources will be making the final decision. He said it is not a decision issue the City Council will be making. Mayor Johnson read a letter he received from the Department of Natural Resources. He said per his request to the Department of Natural Resources, they will be conducting an analysis of removing the dam as an option. He said the Department of Natural Resources stated in their letter the analysis could take 6 months to a year. Minutes - Regular Meeting of The City Council February 25. 1999 - Page 2 Esther Riley stated she has lived on the north side of the river for forty-six years. She stated her suggestion is to take the dam out. She said the dam does not serve any purpose anymore. She said something could be done to make it easier for boaters to continue down stream and something for the fish to make it up stream again. She said the present dam is approximately 27" higher than the previous dam. She said there were about 8 years that they enjoyed a clean river. She said if another dam is built it should be at least 27" to 30" lower than the present dam. She said at that level the river kept itself clean. She said the higher dam drops silt which acts like quick sand. She said the river used to be clean enough to swim in. She said if we have to have a dam, please make it lower, if we don't need the dam then let the river clean itself. Christine Gawne Vernon stated her family has had property on the Fox River for over 70 years. She said she and her siblings have some concerns about the dam. She said they are wondering if there will be an environmental impact statement, and they would like to see the results of it. She said they would like to see the analysis include how this will affect property values no matter what the outcome is. She said they would like to see more data before the final decision is made. She asked if she could be made apprized of when any of the meetings will be. Stephen Krentz, Representing the Cannonball Trail Civic League stated regarding the property at the Northwest corner of Cannonball Trail and Route 47, the Remline issue. He said he is here representing the Civic League to voice their objection to the rezoning of the property from Agricultural to B-3 zoning. He said for the last 30 years this property has been a buffer zone between the residential area and the manufacturing area. He said back in March 1969 Kendall County passed an ordinance acknowledging the existence of a buffer zone. He said the Civic League did not exist at that time, but the property owners were organized at that time to monitor the situation. He said there are two residents present tonight that were at the meeting 30 years ago. He said their recollection is that there was definitely a compromise and there was somewhat of an agreement that this property was to remain agricultural to specifically create a buffer zone between the residential development and the manufacturing district. He said at that time the property owners were asking for a 15 acre buffer zone. He said it was left as a buffer zone and Remline chose not to purchase the property that was not zoned manufacturing at that time. He said he has copies of the minutes from 1969 indicating the concept of the buffer zone. He said they feel that it is very important that the City of Yorkville recognize the history of this property and what transpired before it was rezoned. He said in 1997 there was a Public Hearing for the City of Yorkville where the Land Use Plan was reviewed and comments were taken from the community at the time. He said there were 5 residents from Cannonball Trail present and their comments were memorialized in the minutes. He said three of the comments related specifically to the northwest corner of Route 34 and 47. He said at that time commercial zoning was not under consideration for this property. He said 9-10 months later the City Council, unbeknownst to the land owners changed the Land Use Plan without discussing it at the Public Hearing and created a commercial use there. He said the land owners did not have an opportunity to voice an objection to this. He said the change took place after the Public Hearing. Mayor Johnson stated there was a Public Hearing. Alderman Prochaska stated that at one of the Public meetings there was no one there from Cannonball Trail. Stephen Krentz stated the Plan Commission recommended not approving the commercial zoning. He said they believe the commercial zoning is not appropriate, not only because of the long history, but by virtue of the long established residential neighborhood and it only makes sense to leave a buffer zone. He stated there are 380 acres of business zoned property in Yorkville and he does not see any dire need to have more business zoning on this corner. He said there have been suggestions for more appropriate uses for this property. He asked the City Council to abide the recommendation of the Plan Minutes - Regular Meeting of The City Council February 25, 1999 - Page 3 CommissioPi and deny the commercial zoning. Jim Mannion, - Patricia Lane stated the quality of life issues should be taken into account by the City Council. He said the City has an industrial park on the north side of the railroad tracks on the west side of Route 47. He said the City has the acreage on the south side of town which is an industrial area. He said the Richards subdivision was a Planned Unit Development. He said the Comprehensive Plan was put in by the City Council with the input of citizens and should be a long term thing and not changed. He said widening Route 47 has been in the Chicago newspapers. He said the State of Illinois wants to make it a 4 lane highway. He said in the next 5 years the interstate by Morris will be all the way to Huntley. He said, which side of the highway will the State of Illinois expand on. He said will all of the activity going into this proposed business area, be off Cannonball Trail. He said this will generate a lot of traffic in the planned unit housing development. He said after 30 to 40 years of having a buffer zone there, and everybody agreeing to it, he objects to it being changed. He said quality of life issues should take precedence and be a long term thing. Paul Buddy-Cannonball Trail reiterated what their attorney stated earlier. He said there were changes made to the Plan after the Public Hearing. He said the residents agreed to B-3 PUD but Remline does not want to do this. He asked the City Council to vote this issue down. Alderman Sowinski stated the Comprehensive Plan is only a guide line and at times subject to change. PUBLIC HEARING None PLANNING COMMISSION/ZONING BOARD OF APPEALS/SIGN REVIEW BOARD (ORDINANCE) 99-6 REMLINE ANNEXATION & REZONING A motion was made by Alderman Prochaska to authorize the annexation and zoning as B3 of the T & D Metals, Remline property at the northwest corner of Cannonball Trail and Illinois Route 47 as described in the annexation agreement; seconded by Alderman Sowinski. Approved by roll call vote. Spears abstain Burd nay Sowinski aye Anderson aye Prochaska aye Sticka aye Spang nay Kot aye Johnson aye Ayes: 6 Nays: 2 Abstain: 1 (ORDINANCE) 99-7 REMLINE ANNEXATION AGREEMENT A motion was made by Alderman Prochaska to authorize the Mayor and City Clerk to execute the annexation agreement with T & D Metals, Remline as property owners of the property at the northwest corner of Cannonball Trail and Illinois Route 47 as described int he document including 40' of Right-Of-Way dedication along Cannonball Trail; seconded by Alderman Sowinski. Approved by roll call vote. Kot aye Spears aye Burd aye Sowinski aye Anderson aye Prochaska aye Sticka aye Spang aye Ayes: 8 Nays: 0 Minutes - Regular Meeting of The City Council February 25. 1999 - Page 4 MINUTES FOR APPROVAL A motion was made by Alderman Prochaska to approve the minutes of the regular meetings of January 28, 1999 and February 11, 1999 as presented; seconded by Alderman Anderson. Alderman Burd pointed out a typo error on page 8 of the January 28 minutes. Fourth paragraph from the bottom, "She said she feels the council is being very short sighted". Approved by viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Sticka to approve the bill list dated February 25, 1999 in the amount of$129,851.01 (vendor), $73,929.13 (payroll), for a total disbursements of $203,780.14; seconded by Alderman Prochaska. Approved by roll call vote. Sowinski aye Anderson aye Prochaska aye Sticka aye Spang abstain Kot aye Spears aye Burd aye Ayes: 7 Nays: 0 Abstain: 1 REPORTS ATTORNEY'S REPORT Attorney Kramer stated regarding the Intergovernmental Loan Agreement for First Time Home Buyers ordinance, the only negative potential impact on the City is the cap on bonds that the City can lend their name to each year. He said in the ordinance the City is committing to assigning whatever bonding authority the city has based on the population for the year the ordinance is executed to that project. He said there is no cost and no recourse to the City. He said the only thing the city is giving up is for the year 1999, the bond cap is going toward the State. He said his recommendation is, if the City Council feels this is a worth while program, then the city should participate. Attorney Kramer made comment on the sewer repair problem. He stated it is something that needs to be addressed. He said the city did not create it. He said he does not feel there is any liability to the City. He said the staff handled it very well. He said there were monitoring wells from private parties in the area where there was petroleum contamination. He said the cities consulting firm is following up with the people that put in the monitoring wells. He said simply the City did not generate the contaminated soil, the City is not responsible for it, but the City does have to follow up to make sure the consultants for the private property owners gets rid of the soil in proper fashion. MAYOR'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTRATOR 'S REPORT No report. Minutes - Regular Meeting of The City Council February 25. 1999 - Page 5 SCHOOL COMMUNITY REPORT No report. OLD BUSINESS Alderman Spang passed out copies of the responses to his survey. NEW BUSINESS None. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT (RESOLUTION) 99-4 MFT APPROPRIATION RESOLUTION FOR BEAVER ST. A motion was made by Alderman Sowinski to approve the Resolution authorizing the expenditure of MFT funds for the Beaver Street Improvement project in the amount of $79,000.00; seconded by Alderman Kot. Approved by roll call vote. Anderson aye Prochaska aye Sticka aye Spang aye Kot aye Spears aye Burd aye Sowinski aye Ayes: 8 Nays: 0 (RESOLUTION) 99-5 RESOLUTION APPROPRIATING FUNDS FROM THE GENERAL FUND FOR THE BEAVER ST. PROJECT A motion was made by Alderman Sowinski to approve the Resolution appropriating funds from the General Fund in the amount of $79,000.00 for the Beaver Street improvement project which is planned for MFT expenditure; seconded by Alderman Anderson. Approved by roll call vote. Prochaska aye Sticka aye Spang aye Kot aye Spears aye Burd aye Sowinski aye Anderson aye Ayes: 8 Nays: 0 SSES SEWER REHABILITATION PAYMENT #3 A motion was made by Alderman Sowinski to approve payment request number 3 to Hamilton Construction, Inc. for the Rehabilitation of Sanitary Sewers and Manholes in the amount of$129,586.50 contingent upon the disbursement from the Illinois Environmental Protection Agency loan and the contractor's sworn statement and waivers of lien; seconded by Alderman Burd. Approved by roll call vote. Sticka aye Spang aye Kot aye Spears aye Burd aye Sowinski aye Anderson aye Prochaska aye Ayes: 8 Nays: 0 Minutes - Regular Meeting of The City Council February 25. 1999 - Page 6 PURCHASE OF PUBLIC WORKS SINGLE AXLE TRUCK A motion was made by Alderman Sowinski to approve the purchase of a 1999 International Model 4900 dump truck through the State of Illinois State purchase program, contract PSP400784, line item number 1 with upgrades of a larger dump box and air tailgate, at a cost not to exceed $56,000.00 as outlined in the Public Works 5 year Equipment Plan; seconded by Alderman Kot. Approved by roll call vote. Spang aye Kot aye Spears aye Burd aye Sowinski aye Anderson aye Prochaska aye Sticka aye Ayes: 8 Nays: 0 RADIUM PRE-APPLICATION TO EPA A motion was made by Alderman Sowinski to authorize the Mayor and City Clerk to execute a pre-application to the Illinois Environmental Protection Agency's loan program for a future project to reduce Radium 226 and Radium 228 levels in our drinking water; seconded by Alderman Prochaska. Approved by roll call vote. Kot aye Spears aye Burd aye Sowinski aye Anderson aye Prochaska aye Sticka aye Spang aye Ayes: 8 Nays: 0 JANUARY WATER REPORT A motion was made by Alderman Sowinski to approve the January water report as presented; seconded by Alderman Anderson. Approved by viva voce vote. (RESOLUTION) 99-6 MFT APPROPRIATION RESOLUTION FOR MAINTENANCE OF STREETS A motion was made by Alderman Sowinski to approve the MET Appropriation Resolution in the amount of $15,850.00 for various street maintenance materials; seconded by Alderman Prochaska. Approved by roll call vote. Burd aye Sowinski aye Anderson aye Prochaska aye Sticka aye Spang aye Kot aye Spears aye Ayes: 8 Nays: 0 ECONOMIC DEVELOPMENT COMMITTEE REPORT RE6 rs T,E'4-r(o.) (ORDINANCE) 99-8 CONTRACTOR GN A motion was made by Alderman Prochaska to enact an Ordinance revoking Ordinance Number 1996-19, registration of contractors working in the United City of Yorkville; seconded by Alderman Sowinski. Approved by roll call vote. Sowinski aye Anderson aye Prochaska aye Sticka aye Spang aye Kot aye Spears aye Burd aye Ayes: 8 Nays: 0 • Minutes - Regular Meeting of The City Council February 25. 1999 - Page 7 PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE (ORDINANCE) 99-9 FIRST TIME HOME BUYERS PROGRAM A motion was made by Alderman Sticka to enact an Ordinance authorizing the execution and delivery of an Intergovernmental Cooperation Agreement for a First Time Home Buyer's Program and authorize the Mayor and City Clerk to execute the necessary documentation for this program; seconded by Alderman Sowinski. Approved by roll call vote. Anderson aye Prochaska aye Sticka aye Spang aye Kot aye Spears aye Burd aye Sowinski aye Ayes: 8 Nays: 0 ADDITIONAL BUSINESS None. ADJOURNMENT A motion was made by Alderman Sowinski to adjourn the meeting at 7:56 p.m.; seconded by Alderman Anderson. Approved by viva voce vote. By: .12./A9c4-A )144'71471 Deborah K. Simmons, City Clerk City of Yorkville, Illinois r - CITY COUNCIL MEETING (A2)5199 PLEASE SIGN IN! NAME: ADDRESS: 4,).1 ,t., poS'. ih K'., . (, o$me, . 1..4,4 (--)ftiest,\A,-,4 . 9 -, 62,,,,,-,/ L/4-6 -7 P‘J/lk/ if 7 I Tf R� , f �C CJ /1),s. ,t r� U 7 D (32U l E,-1 L is iV l= t4,c1-1 1_ Lta31=10 l Go\NSE_.` La N Qd&YLGA?LA NEB;L,-J q Qui.A1S / LA P-e-(-e N ST . axlit i S / 0 5 (Ai o ✓ 5 1 e j 'I/I 1 , ,./ de, fol./ //�.iad o2g� Ail olio G,/9-W 3 ?� 4wvv /.4A/6- , a OL/44/1 lok iloisq7)/Yje, ZoG /x-Yc, St-, . i _4,4 _3V56-. _/"emuC ate ifeeM4 / / / 'L' !Lfj 6-1° 6' '24 - - atglir.,:t."./4 --4-6 GP Nevif1)-- ST / / , . . . , • • . . . .p, .(.1 .. . 64.e.p(n.frt ( ki-(0/1-2__ ) ., 1 7 I i , (7, ,. y, / . . . , ,L. N . ifrque- t- SC kfekibiljeY- I ( 1 \ 1 \ i \ . \ \ \ \ 1 \ 1 1 1 Survey Responses Several weeks ago, I sent a survey to a cross section of Yorkville voters. The survey was random, and equally distributed throughout Yorkville. The results are in and as I promised in the beginning, I wish to share them with you. Please allow our residents to be heard. As a report card we score well in some areas and not so well in others. These people took the time to read the survey and also to write many comments. Those comments will be collected and provided at a later time. For now, - here is what our residents are saying. 55% or these people felt that the elected officials in Yorkville do the things they want _ us to do. 45% feel we do not. 60% of these residents feel that if they contacted us, we would listen to there input and use it. 40% of these folk do not feel this way. 74% of those people who took the time to respond, feel a new City Hall would not be beneficial to Yorkville. 24% feel it would. 88% feel a new City Hall would not increase the effectiveness of their city officials. 12% think it might. 79% of this cross section of Yorkville agree that using the Old Kendall County Courthouse Would be a benefit to the City of Yorkville. 21% feel it would not. 94% of these voters feel our downtown does not support their shopping needs. 6% are happy with what our downtown provides. 85% of our respondents feel shopping in downtown is important. 15% feel it is not. 67% of our residents feel the street they live on is in good repair. 33% feel the street they live on is not in good repair. 91% of these residents feel the street they live on is clean. Only 9% feel-it is not clean. . . 100% of these respondents feel the privilege of voting here in Yorkville is very Important. Some of what was said was difficult to hear. Some rewarding. Some confusing. As an elected official, it is important that we understand what our constituency is saying • to us. I hope this has been helpful. • • r