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City Council Minutes 1997 06-26-97 • 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, ILLINOIS ON THURSDAY, JUNE 26, 1997. Mayor Johnson called the meeting to order at 7: 05 PM and led the Council in the Pledge of Allegiance. ROLL CALL Deputy Clerk Bell called the roll: Ward I Spang Present Sticka Absent Ward II Kot Present Lynch Present Ward III Jones Present Prochaska Present Ward IV Sowinski Present Stafford 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 Alderman Prochaska requested that under Administration Committee a discussion be held on payment to Ron Walker. Mayor Johnson requested that under Planning Commission, the special use for Ryan be tabled at the request of the petitioner. This matter will be discussed at the next Committee of the Whole meeting. MEETING DATES All committee meetings are as stated on the agenda. CITIZENS ' COMMENTS Mayor Johnson asked for any citizens comments. Diane Blocker stated she would like to speak on the Bristol incorporation. This will be discussed later in the meeting. There were no other citizens' comments. PLANNING COMMISSION/ZONING BOARD OF APPEALS PC 97-3 ARTHUR SHERIDAN/RT. 34 & CANNONBALL TRAIL/KENDALL CO. A motion was made by Alderman Jones and seconded by Alderman Prochaska to recommend to Kendall Co. to approve the request by Arthur Sheridan for rezoning from R-3 to B-3 Highway Business District at the northeast corner of Rt. 34 & Cannonball Trail with recommendation by the Planning Commission. Deputy Clerk Bell called the roll: City Council Minutes - June 26, 1997 - Page 2 Stafford Nay Sowinski Nay Jones Nay Prochaska Nay Spang Nay Kot Nay Lynch Nay Motion denied 7-0. ORDINANCE 1997-15 TERMINATION OF SPECIAL USE-THORNTON OIL, RT. 34 & RT. 47 A motion was made by Alderman Jones and seconded by Alderman Lynch to approve an ordinance terminating the special use zoning granted for the property located at Rt. 34 & Rt. 47 for the petitioner Thornton Oil Corp and Charter Bank Trust No. 333 at the owner's request. Deputy Clerk Bell called the roll: Sowinski Aye Jones Aye Prochaska Aye Spang Aye Kot Aye Lynch Aye Stafford Aye Motion passed 7-0. ORDINANCE 1997-16 SHELL OIL-SPECIAL USES RT. 34 & RT. 47 A motion was made by Alderman Jones and seconded by Alderman Prochaska to approve an ordinance granting rezoning of a portion of property at Rt. 34 & Rt. 47 from B-2 to B-2 Special Use, subject to City staff approval of the exhibits as amended, for the Shell Oil Corp. and Charter Bank Trust, No. 333 . Deputy Clerk Bell called the roll: Lynch Aye Stafford Aye Sowinski Aye Jones Aye Prochaska Aye Spang Aye Kot Aye Motion passed 7-0. CITY COUNCIL MINUTES, JUNE 12, 1997 A motion was made by Alderman Prochaska and seconded by Alderman Sowinski to table the approval of the June 12 , 1997 City Council minutes to the next City Council meeting. Motion carried . BILLS APPROVAL A motion was made by Alderman Prochaska and seconded by Alderman Sowinski to approve bills dated June 26, 1997 in the amount of $56,485.80 (vendor) , $72 , 590.23 (payroll) , for a total of $129, 076. 03 . Deputy Clerk Bell called the roll: Kot Aye Lynch Aye Stafford Aye Sowinski Aye • City Council Minutes - June 26, 1997 - Page 3 Jones Aye Prochaska Aye Spang Aye Motion carried 7-0. City employees are strongly encouraged to make City purchases from businesses within the City limits. ATTORNEY'S REPORT All ordinances and memos have been passed out to the City Council. MAYOR'S REPORT SWEARING IN OF ROBERT JONES AS POLICE OFFICER Mayor Johnson swore in Robert Jones as a new police officer for the City of Yorkville. APPOINT CHIEF TONY GRAFF AS SAFETY DIRECTOR A motion was made by Alderman Lynch and seconded by Alderman Kot to appoint Chief Tony Graff as Safety Director for fiscal year 97-98. Deputy Clerk Bell called the roll: Kot Aye Lynch Aye Stafford Aye Sowinski Aye Jones Aye Prochaska Aye Spang Aye Motion carried 7-0. CITY CLERK REPORT No report. CITY TREASURER REPORT No report. CITY ADMINISTRATOR REPORT City Administrator Jim Nanninga reported that the playground dedication at the Bi-Centennial Park will be Sunday from 2: 00PM- 4:00PM. There is also a new park at Blackberry North. He is asking the Council to let him know of their participation in the 4th of July parade. The City Council 's "Adopt a Highway" will meet on Sunday at 8: 00 AM at the water tower. ECONOMIC DEVELOPMENT COMMISSION REPORT No report. SCHOOL COMMUNITY REPORT No report. OLD BUSINESS BRISTOL INCORPORATION Diane Blocker, owner of Blackberry Oaks Golf Course stated there may be some legal ramifications regarding Blackberry Oaks Golf • • City Council Minutes - June 26, 1997 - Page 4 Course being included on the incorporation map. She is requesting the City Council table this matter until the Blockers consult with their attorney and the incorporation committee. Dave Pawlowski stated that if he had been aware of the situation they would have left Blackberry Oaks off the map. He stated this is not being forced on anyone. He will discuss this further with the Blockers. TABLE BRISTOL INCORPORATION VOTE A motion was made my Alderman Sowinski and seconded by Aldermen Stafford to table the Bristol incorporation matter for two weeks to the next City Council meeting. Motion carried 7-0. NEW BUSINESS None. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT APPROVAL FOR LYDIA'S MOTEL TO EXTEND SANITARY SEWER A motion was made by Aldermen Sowinski and seconded by Aldermen Prochaska to approve the request by the owners of Lydia's Motel to extend the sanitary sewer to the southwest corner of their property for their sanitary sewer service conditional on all necessary easements, thus not requiring the extension across the south property line. Deputy Clerk Bell called the roll: Spang Aye Kot Aye Lynch , Aye Stafford Aye Sowinski Aye Jones Aye Prochaska Aye Motion carried 7-0. APPROVE ADVERTISING FOR PUBLIC WORKS BUILDING EXPANSION BIDS A motion was made by Alderman Sowinski and seconded by Alderman Kot to authorize the City Clerk to advertise for bids on the budgeted building expansion of the Public Works Building at 610 Tower Lane. Deputy Clerk Bell called the roll: Prochaska Aye Spang Aye Kot Aye Lynch Aye Stafford Aye Sowinski Aye Jones Aye Motion carried 7-0. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. City Council Minutes - June 26, 1997 - Page 5 PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT PAYMENT TO RON WALKER FOR INTERSECTION Ron Walker stated his problems dealing with the City for the last 2 years in regard to inspections and payment at this intersection and at this time is requesting payment of $20, 000. 00. He feels there is approximately $3, 000. 00 due him for interest, landscaping and other miscellaneous items. The City has received approval from IDOT accepting this intersection. A motion was made by Alderman Stafford and seconded by Alderman Spang to pay Ron Walker the full amount of $38, 175.00 for the agreed payment price for final payment of completion of the intersection at Countryside Parkway and Rt. 47 and release the City from any further financial obligations. Deputy Clerk Bell called the roll: Jones Nay Prochaska Nay Spang Aye Kot Aye Lynch Nay Stafford Aye Sowinski Aye Johnson Nay Motion failed 4-4. A motion was made by Alderman Prochaska and seconded by Alderman Lynch to release the check to Ron Walker for $38, 175. 00 for payment of the intersection at Countryside Parkway and Rt. 47 and the City will review any other claims filed by the petitioner in the next 60 days. Deputy Clerk Bell called the roll: Stafford Nay Sowinski Nay Jones Aye Prochaska Aye Spang Nay Kot Nay Lynch Aye Johnson Aye Motion failed 4-4. A motion was made by Alderman Prochaska and seconded by Alderman Spang to reconsider the 1st motion which is: To pay Ron Walker the full amount of $38,175.00 for the agreed payment price for final completion of the intersection at Countryside Parkway and Rt. 47 and release the City from any further obligations. Deputy Clerk Bell called the roll: Sowinski Aye Jones Aye Prochaska Aye Spang Aye Kot Aye Lynch Aye Stafford Aye Motion carried 7-0. City Council Minutes - June 26, 1997 - Page 6 ADDITIONAL BUSINESS Alderman Prochaska stated his concerns regarding some annexation/rezoning agreements. Some have not been signed by the petitioner and have been approved by the City Council. It was agreed that these must be signed before being presented to City Council. Alderman Jones will have a report on these matters in a month. EXECUTIVE SESSION A motion was made by Alderman Lynch and seconded by Alderman Sowinski to go into Executive Session at 9: 00 PM for the purpose of discussing the purchase or sale of real estate and the executive session will include Dan Kramer, Jim Nanninga and Tony Graff. Deputy Clerk Bell called the roll: Lynch Aye Stafford Aye Sowinski Aye Jones Aye Prochaska Aye Spang Absent Kot Aye Motion carried 6-0. A motion was made by Alderman Spang and seconded by Alderman Prochaska to go out of executive session at 9:30 PM. Deputy Clerk Bell called the roll: Kot Aye Lynch Aye Stafford Aye Sowinski Aye Jones Aye Prochaska Aye Spang Aye Motion carried 7-0. ORDINANCE 1997-17 APPROVE ACCEPTANCE OF CONVEYANCE OF REAL PROPERTY WITH KENDALL COUNTY A motion was made by Alderman Spang and seconded by Alderman Kot to authorize the Mayor and City Clerk to execute and record a resolution approving the acceptance of a conveyance of real property pursuant to the Local Government Property Transfer Act by Intergovernmental Agreement with the County of Kendall entered into February 21, 1995. Deputy Clerk Bell called the roll: Kot Aye Lynch Aye Stafford Aye Sowinski Aye Jones Aye Prochaska Aye Spang Aye Motion carried 7-0. FILE DECLARATORY JUDGMENT ACTION TO ENFORCE EXISTING INTERGOVERNMENTAL AGREEMENT BETWEEN CITY AND KENDALL COUNTY A motion was made by Alderman Prochaska and seconded by Alderman y . • City Council Minutes - June 26, 1997 - Page 7 Spang to authorize the City Attorney to file a Declaratory Judgment action on behalf of the United City of Yorkville to enforce the existing Intergovernmental Agreement between the United City of Yorkville and the County of Kendall for the transfer of certain public properties pursuant to the Local Government Property Transfer Act. Deputy Clerk Bell called the roll: Spang Aye Kot Aye Lynch Aye Stafford Nay Sowinski Aye Jones Aye Prochaska Aye Motion carried 6-1. ADJOURNMENT A motion was made by Alderman Prochaska and seconded by Alderman Kot to adjourn the meeting at 9:45 PM. Motion carried. By: Jud Be]ia, Deputy Clerk CITY COUNCIL MEETING /02 6 /97 PLEASE SIGN IN! NAME: ADDRESS: Azut 4- 91,,,,tiE i3Lo Efz 5LacV Rzizcl o/.V-s WI't `k 130 , e. 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