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
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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
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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 .
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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
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