City Council Minutes 1999 10-14-99 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, OCTOBER 14, 1999.
Mayor Prochaska called the meeting to order at 7:02 p.m. and led the Council in the Pledge of
Allegiance.
ROLL CALL
Clerk Simmons called the roll.
Ward I Callmer Present
Sticka Present
Ward II Burd Present
Kot Present
Ward III Anderson Present
Dockstader Absent
Ward IV Sowinski Present
Spears Present
QUORUM
A quorum was established.
INTRODUCTION OF GUESTS
Mayor Prochaska welcomed those present and asked them to introduce themselves and to enter
their name on the attendance sheet provided.
AMENDMENTS TO THE AGENDA
Economic Development Committee Reports - PC99-04 Preliminary Plat, Heartland-Richard
Marker Associates Developers -Tabled.
Public Safety Committee Reports - Minutes for approval of September 27, 1999 -Tabled.
COMMITTEE MEETING DATES
Public Works Committee Monday, October 18, 1999, 6:30 P.M.
City of Yorkville Conference Room
111 W. Fox Street- Suite 3
Economic Development Committee Tuesday, October 19, 1999, 7:00 P.M.
City of Yorkville Conference Room
111 W. Fox Street- Suite 3
Public Safety Committee Monday, October 25, 1999, 6:30 P.M.
City of Yorkville Conference Room
111 W. Fox Street- Suite 3
Administration Committee Tuesday, November 9, 1999, 6:30 P.M.
City of Yorkville Conference Room
111 W. Fox Street- Suite 3
CITIZENS COMMENTS
David Ramon, Chairman of the Plano Chapter Mothers Against Gangs invited everyone to their
annual Gangs Walk Saturday October 16, 1999 starting at 2:00 at Plano Molding parking lot. He
also invited everyone to their Funfair for kids up to 13 years old on October 30, 1999.
PUBLIC HEARING
A motion was made by Alderman Sowinski to go into Public Hearing regarding PC 99-04-
Preliminary Plat for Heartland Subdivision Development by Richard Marker Associates,
developers; seconded by Alderman Spears.
Approved by roll call vote. Ayes: 7 Nays: 0
Sowinski aye Anderson aye
Sticka aye Callmer aye
Kot aye Spears aye
Burd aye
Minutes of the Regular Meeting of the City Council -October 14. 1999 - Page 2
Richard Marker of Richard Marker Associates, stated Heartland Subdivision will have Yorkville
water and sewer. He said the property is located at the intersection of McHugh Rd and Route 34.
He stated the project is a combination of detached single family homes. He stated there are 186
single family lots in the subdivision and approximately 12 acres of commercial property. He
stated this is a unique project. He said there will be a trail system for roller bladeing, biking and
walking which will be open to the public. He said there will be a private swim pool and club
house. He said the gross density is lower than the recommended density allowed. He said the
intersection will be relocated on McHugh Rd. with turning lanes and a traffic signal. He said the
intention is to offer individuals the opportunity to have their own house built and is not intended
for track homes. He said there will be four model homes available for anyone to look at, but the
intention is to have individual customized homes. He said his firm designs and builds their own
homes. He said the commercial part of the project is approximately 94,000 square feet of
commercial which their intent is to entice one of the major food stores to build there. He said they
are not asking for approval of the commercial part tonight.
City Attorney Dan Kramer stated a Public Hearing is required for annexation and re-zoning
requests.
Mayor Prochaska stated we are in the process of putting together the PUD Agreement and that
is one of the reasons why the vote is being held off.
Robert Rudnick, Tuma Rd. expressed his concern on fences being put up across the back of his
property. He said in his covenants he can only put up a wooden fence. He said he is concerned
that there could be four different kinds of fences.
Richard Marker stated they will put covenants on the subdivision where they can only put up 4
ft. fences, of either wood or chain link. He said the chain link fence must be black and
landscaped.
Mr. Rudnick asked if the covenants could stated that all the back lot lines along Tuma Rd. would
have to be a wooden fence.
Richard Marker stated that they could state in the covenants, any lot that abuts a piece of
property the fences would have to be the same.
Bill Flowers, 805 Wacker expressed his concern to the homeowners around the project. He said
he is concerned with the inconvenience and quality of life. He said he wants to make sure
bulldozing and relocating streets is done practical. He said he would like to see trees and
landscaping preserved as much as possible.
Chris Bryik, Tuma Rd. expressed concern regarding the creek and the bridge and the retention
area causing a water problem.
Richard Marker stated there will be a storm water detention created in accordance with the
ordinances of the City of Yorkville.
Mr. Bryik stated his other concern is the traffic problem going in and out of Tuma Rd. now and
with this development going in there will be a bigger problem. He said he would like to see a turn
lane put in.
Richard Marker stated most people will more than likely go to the intersection with the traffic
signal.
Victoria Taus Aquine expressed her concern with the retention and water attracting geese and
ducks.
Richard Marker stated that the detention will not have standing water in it. He said it will be a dry
bottom detention unless there is a substantial amount of rain.
Chris Bryik asked if all the trees are being taken down in the retention area.
Richard Marker replied most likely. He said there will be approximately 480 trees added to this
property and throughout the 95 acres.
Minutes of the Regular Meeting of the City Council -October 14, 1999 - Page 3
A citizen expressed her concern with the development on Terry Lane which backs up to their farm
land. She said they took down their fence and they want to be assured that this will not happen
with this development too. She stated they have had their No Trespassing signs taken down.
She stated they want their farm land preserved as a haven for farming and wild life.
Richard Marker stated that their fence will not be taken down by them.
David Hardee, 4384 Tuma Rd. stated he has a 20 foot easement in the rear of his property. He
asked with the future utilities that will be coming in if they will be staying away from his property.
Richard Marker stated that his property will not be touched unless there is existing utilities there
where they might have to go to that pedestal to attach.
Clifford Wackerlin,Tuma Rd.and owner of the land Richard Marker Associates purchased stated
he bought this land so he could control what goes in there. He said when someone approached
him wanting to buy the land he would ask what they had planned for the land. He said he feels
Mr. Marker is a quality developer and the plan is a quality one.
David Hardy asked who would be policing Tuma Rd.
Mayor Prochaska stated that Tuma Rd. is a County Road, but with the subdivision being there
Yorkville Police will be there more often.
Police Chief Graff stated that the county and the surrounding municipalities are starting to
address mutual boundaries in unincorporated areas where we could do joint traffic enforcement.
Mr. Hardy asked if the city could force the property owners that are on well and septic to hook into
city sewer and water if they should have problems and have to have repairs.
Mayor Prochaska stated that if a property owner is not in the city,they will not be required to hook
into city sewer and water unless the County for some reason asks for this to be done. He said
the city has no jurisdiction to force anyone outside of the city limits to hook into city sewer and
water.
Alderman Sticka asked about road width and curb styles.
Richard Marker stated on the residential portion there will be rolled curbs and on the entry way
and the commercial area there will be a 6 inch curb.
Mayor Prochaska stated that this is still being discussed and decided on and should be discussed
at the next Public Works meeting.
Alderman Burd asked if the retention area has to be a grassy area. She asked why the forest
area can't stay there.
Richard Marker stated that trees can't exist in a detention area but they can be planted around
the perimeter.
The question was asked on the price range of the homes in the development.
Richard Marker stated the low end would start at approximately$175,000.00 to$310,000.00. He
said the market would determine the high end price range.
The question was brought up on the lots that back up to the Legion baseball field asking if there
could be something put on these lots that there is a lighted baseball field there so sometime down
the road those owners don't try to get rid of the baseball field.
Richard Marker stated he had no problem attaching deed restrictions or a covenant to the deed
that there is a ball field immediately behind those lots. He said they have created a 5 foot berm
behind those lots with 6 to 7 foot evergreen trees.
Minutes of the Regular Meeting of the City Council -October 14, 1999 - Page 4
A motion was made by Alderman Sticka to go out of Public Hearing; seconded by Alderman
Spears.
Approved by roll call vote. Ayes: 7 Nays: 0
Anderson aye Sticka aye
Callmer aye Kot aye
Spears aye Burd aye
Sowinski aye
This will be taken to Economic Development Committee on Tuesday, October 19, 1999 at 7:00
p.m.
PLAN COMMISSION/ZONING BOARD OF APPEALS/SIGN REVIEW BOARD
Alderman Sticka stated Alan Norton presented his preliminary plan for Cannonball Estates. He
said there were three motions the Plan Commission Voted on. One motion was for lots along
Cannonball to be % acre, the motion was voted on and passed. Second motion was for zoning
to R-2, the motion was voted on and passed. The third motion-The Preliminary Plan presented
did not have%acre lots along Cannonball Trail, it had 1.4 acre lots,the motion was voted on and
failed. He said the petitioner has made some significant changes since his last presentation to
the Plan Commission and will go to Economic Development.
Alderman Sticka stated a concept plan was presented by Barry Niles. He said it's the property
at the end of Terry Lane. He said the concept was approved by the Plan Commission but they
objected to making Terry Lane a very long cul-de-sac. He said that Mr. Marker has approached
Mr. Niles because it is a convenient place to run a water main for Heartland and has offered to
put improvements on to the property owned by Mr. Niles.
Alderman Sticka stated a concept plan was presented called Fox River Estates. He said there
were numerous objections and nobody liked it.
MINUTES FOR APPROVAL
A motion was made by Alderman Sowinski to approve the City Council minutes of the regular
meeting of September 23,1999; seconded by Alderman Sticka.
Treasurer Allen stated under Treasurer's report he made a statement commending the City Staff
for their work on the Audit that was not included in the minutes.
Alderman Anderson withdrew his second, Alderman Sowinski withdrew his motion.
The motion was restated.
A motion was made by Alderman Sowinski to approve the City Council minutes of September 23
as corrected; seconded by Alderman Anderson.
Approved by viva voce vote.
BILLS FOR APPROVAL
A motion was made by Alderman Anderson to approve the bill list dated October 7, 1999 in the
amount of $353,834.36 (vendor), $77,501.03 (payroll) for a total of $431,335.39; seconded by
Alderman Sticka.
Approved by roll call vote. Ayes: 7 Nays: 0
Sticka aye Callmer aye
Kot aye Spears aye
Burd aye Sowinski aye
Anderson aye
Minutes of the Regular Meeting of the City Council -October 14, 1999 - Page 5
REPORTS
ATTORNEY'S REPORT
Attorney Kramer stated there were two drafts of the Landscape Ordinance. He said the one dated
10-13-99 is the final version.
MAYOR'S REPORT
Mayor Prochaska proclaimed the week of October 23 to October 31, 1999 as Red Ribbon Week.
Chief Graff passed out copies of the activities for the week.
Mayor Prochaska stated that he received a call from Congressman Hastert's office today. He said
he was told that the appropriation for the bill that would contain the$1,000,000.00 for the radium
issue has gone through the conference committee and is on its way to the President's desk for
signature. He said we have to wait for the budget to pass before the dollars are available. Mayor
Prochaska thanked Congressman Hastert for all the work he has done for Yorkville and the other
communities in the area.
Mayor Prochaska stated that he met with Chief Graff and members of the School District
discussed the Web Site. He said they are working very hard in putting together the page format.
Mayor Prochaska stated the Halloween hours will be from 3:00 to 6:00 on Sunday, October 31.
A motion was made by Alderman Kot to accept the Halloween hours from 3:00 to 6:00 on Sunday,
October 31; seconded by Alderman Sticka.
Approved by roll call vote. Ayes: 7 Nays: 0
Callmer aye Kot aye
Spears aye Burd aye
Sowinski aye Anderson aye
Sticka aye
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
Treasurer Allen asked if it was possible to receive on a weekly basis the information on grants
received from the Police Department, the Cops Grants as they come in.
Mayor Prochaska stated he has asked staff to put in a line item on the budget report where these
funds can be recognized as they come in and a expense line item for each grant so we are able
to track when the dollars come in and where they go.
Chief Graff stated he does not personally receive any funds. He said when the funds come in it
goes directly to the City Office.
CITY ADMINISTRATOR'S REPORT
Administrator Nanninga reported on the following projects.
The new City Hall, the copper roof flashing is installed and the roof is proceeding. He said the
curbs in the parking lot should be started next week.
Route 34 by Fox Hill the paving is now complete.
State and Morgan is ready for paving and expect Aurora Blacktop to come in on Monday and
when they come in on Monday they will to the Public Works parking lot and then over to the new
City Hall.
COMMUNITY& LIAISON REPORTS
Alderman Spears reported on the School Board. She stated Doug Trumble conducted a
Character Counts Community workshop. She said Mr. Trumble will be giving a presentation to
the City Council at the next Committee of the Whole meeting to ask the City to join the School
District in developing Yorkville into a Character Counts Community.
Minutes of the Regular Meeting of the City Council -October 14, 1999 - Page 6
Alderman Spears reported on the Human Resource Commission. She stated they recommended
Yorkville to become a Character Counts Community.
Alderman Sticka reported the Library Board voted on their Levy.
Alderman Burd reported she gave a talk at The Downtown Business Association meeting on the
Pilot Facade, on attracting business's and making use of the$10,000.00 the city is offering. She
said they discussed the possibility of making some of the funds available to people that have
already begun work since this is the first year and not having a whole year. She stated that Cup-
A-Joe's is planning to open sometime in November.
Administrator Nanninga stated the Aurora Tourism Council was able to get the City a lighted 3
sided sign. He said what they are doing are putting together tours that might consist of old
cemeteries, old barns, prairie lands and they are going to silk screen the maps on to the glass
panels and also have brochures. He said he has talked to the Park Board and Sue Swithin and
they feel the Gazebo Park would be the best place for it.
Mayor Prochaska reported on the Yorkville Economic Development Corporation meeting. He
stated they now have a Federal Employers number and have set up a bank account. He said we
have gotten our first resume and application for the position of Executive Director. He said the
ad should be out in the next week or two. He said we are still on target for the first of the year to
hire a full time Director for Economic Development.
OLD BUSINESS
None.
NEW BUSINESS
None.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
MINUTES FOR APPROVAL
A motion was made by Alderman Sowinski to accept the minutes of the September 20, 1999
Public Works Committee meeting as presented; seconded by Alderman Burd.
Approved by viva voce vote.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
(ORDINANCE) 99-18 LANDSCAPE ORDINANCE
A motion was made by Alderman Sticka to accept the Landscape Ordinance as presented;
seconded by Alderman Sowinski.
Approved by roll call vote. Ayes: 7 Nays: 0
Spears aye Burd aye
Sowinski aye Anderson aye
Sticka aye Callmer aye
Kot aye
FOX HIGHLAND EASEMENT
A motion was made by Alderman Sticka to approve the easement agreement with Photo
Instrument Tooling Co. for the installation of a sanitary sewer force main and to authorize the
Mayor and City Clerk to execute the same on behalf of the United City of Yorkville; seconded by
Alderman Anderson.
Approved by roll call vote. Ayes: 7 Nays: 0
Burd aye Sowinski aye
Anderson aye Sticka aye
Callmer aye Kot aye
Spears aye
Minutes of the Regular Meeting of the City Council -October 14, 1999 -Page 7
MINUTES FOR APPROVAL
A motion was made by Alderman Sticka to accept the minutes of the September 21, 1999
Economic Development Committee Meeting as presented; seconded by Alderman Anderson.
Approved by viva voce vote.
PUBLIC SAFETY COMMITTEE REPORT
UNIVERSITY OF ILLINOIS CHICAGO CONTRACT FOR THE COPS SUPPLEMENT
A motion was made by Alderman Kot to authorize the Mayor and Chief of Police to sign the U.S.
Department of Justice, COPS Grant award letter for the School-Based Partnership Supplement
Grant in the amount of$17,500.00; seconded by Alderman Sowinski.
Approved by roll call vote. Ayes: 7 Nays: 0
Anderson aye Sticka aye
Callmer aye Kot aye
Spears aye Burd aye
Sowinski aye
AUGUST 1999 POLICE REPORTS
A motion was made by Alderman Kot to accept the August 1999 police reports as presented;
seconded by Alderman Sowinski.
Approved by viva voce vote.
PINEWOOD RESOURCE CENTER LEASE RENEWAL
A motion was made by Alderman Kot to authorize the Mayor and City Clerk to sign the annual
renewal for the Pinewood Resource Center lease agreement with J& B Real Estate at a monthly
rate of $655.00 with a clause for a thirty day notice for cancellation; seconded by Alderman
Anderson.
Approved by roll call vote. Ayes: 7 Nays: 0
Sticka aye Callmer aye
Kot aye Spears aye
Burd aye Sowinski aye
Anderson aye
BULLET PROOF VEST POLICY
A motion was made by Alderman Kot to approve the Body Armor Policy 99-103 as presented by
the Chief of Police; seconded by Alderman Sticka.
Approved by roll call vote. Ayes: 7 Nays: 0
Callmer aye Kot aye
Spears aye Burd aye
Sowinski aye Anderson aye
Sticka aye
AGREEMENT FOR K-9 UNIT WITH F.O.P. COLLECTIVE BARGAINING UNIT
A motion was made by Alderman Kot to approve the Yorkville Police Department,Amendment to
the Collective Bargaining Agreement,Canine Unit and authorize the Mayor and City Clerk to sign
the agreement; seconded by Alderman Sticka.
Approved by roll call vote. Ayes: 7 Nays: 0
Kot aye Spears aye
Burd aye Sowinski aye
Anderson aye Sticka aye
Callmer aye
K-9 MORTALITY INSURANCE
A motion was made by Alderman Kot to approve mortality insurance for Jumbo, canine patrol
animal from Hartford Insurance Company at a semi-annual rate of $480.00; seconded by
Alderman Sowinski.
•
Minutes of the Regular Meeting of the City Council -October 14, 1999 -Page 8
Approved by roll call vote. Ayes: 7 Nays: 0
Spears aye Burd aye
Sowinski aye Anderson aye
Sticka aye Callmer aye
Kot aye
ADMINISTRATION COMMITTEE
CITY HALL CHANGE ORDER
A motion was made by Alderman Anderson to approve change order Number 4 with the
contractor, Lite Construction, for lowering headers in the new building in the amount of$606.00
and authorize the Mayor and City Clerk to execute the same on behalf of the United City of
Yorkville; seconded by Alderman Sowinski.
Approved by roll call vote. Ayes: 7 Nays: 0
Burd aye Sowinski aye
Anderson aye Sticka aye
Callmer aye Kot aye
Spears aye
MINUTES FOR APPROVAL
A motion was made by Alderman Anderson to accept the minutes of the September 14, 1999
Administration Committee Meeting as presented; seconded by Alderman Sowinski.
Approved by viva voce vote.
ADDITIONAL BUSINESS
Alderman Sticka stated Mr. Hageman, a teacher at the High School was nominated for Teacher
of the Year.
Mayor Prochaska stated the minutes of the Town Meeting will be corrected and passed out.
Alderman Spears asked what time the Yorkville Comprehensive Plan meeting is.
Mayor Prochaska stated it is Wednesday, October 20, 1999 at 7:00 p.m. in the Kendall County
Board Room.
ADJOURNMENT
A motion was made by Alderman Sticka to adjourn the meeting at 8:50 p.m.; seconded by
Alderman Anderson.
By:
Deborah K. Simmons, City Clerk
City of Yorkville, Illinois
CITY COUNCIL MEETING
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