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City Council Minutes 1997 03-13-97 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS HELD AT THE KENDALL COUNTY BOARD ROOM ON Thursday, March 13, 1997 Mayor Johnson called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. Clerk Allison called the role: ROLL CALL Ward I Callmer Present Spang Present Ward II Baker Present Lynch Present Ward III Jones Present Prochaska Present Ward IV Sowinski Present Stafford Present A quorum was established. QUORUM 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 There will be no action taken on the Undesser request for rezoning and annexation. Also, the Executive Session on Collective Bargaining has been canceled. MEETING DATES The council reviewed the listing of committee meetings. Meetings will be held as stated. The Administration Committee meeting is an additional meeting being held with the Budget as part of the agenda for discussion. CITIZEN COMMENTS Mayor Johnson asked for any citizen comments. There were none. PUBLIC HEARINGS A motion was made by Alderman Spang and seconded by Alderman Baker to move into Public Hearing. Clerk Allison called the role: Jones - aye Prochaska - aye Spang - aye Callmer - aye Baker - aye Lynch - aye Stafford - aye Sowinski - aye Motion carried. Attorney Kramer indicated that as per Illinois Statue a public hearing was being held on the owner's request for annexation and rezoning. Request is to B-3 Highway Business District with a special use under B-2 for a gasoline service station. The remainder of the property would be zoned A-1. Mayor Johnson asked for any public input regarding the petition. Don Hausler addressed the council as a member of the Kendall County Board and as a member of the Forest Preserve District. Mr. Hausler indicated that he is concerned with the entrance and exit to the property since this intersection is the second highest traffic count in the county. He wanted to inform the council that he feels the Highway Department should be consulted on this request as well as that the Forest Preserve District should be consulted as well since they are adjacent property owners. Alderman Spang asked if this issue has been brought to the county for zoning. Attorney Kramer indicated it was not. Dave Palowski , member of the Bristol Township Plan Commission, addressed the council . He informed the council that Mr. Undesser City Council Regular Session - March 13 , 1997 - page 2 had talked with the Bristol Plan Commission concerning this request. He indicated that this intersection is the site of a large number of accidents with several fatal accidents having taken place. Mr. Palowski indicated that the Bristol Plan Commission had indicated to Mr. Undesser that they were not in favor of this property being zoned for a truck stop, gas station and liquor sales. It is felt that the City of Yorkville sewer system will not be available for this site for a long time, therefore, the property would require wells and septic systems. Mr. Palowski feels this is too much contamination for the area. Mr. Palowski stated that he feels the City council is doing an excellent job in maintaining the Yorkville image and that he does not object to the Undesser's annexing into the City of Yorkville, however, he does object to this being zoned for a gas station. Mayor Johnson asked if there was any other public input for the public hearing. A motion was made by Alderman Spang and seconded by Alderman Prochaska to move out of Public Hearing at 7:15 p.m. Clerk Allison called the role: Sowinski - aye Baker - aye Lynch - aye Jones - aye Prochaska - aye Spang - aye Callmer - aye Stafford - aye Motion carried. Mayor Johnson indicated that this issue will be brought in front of the City council in two weeks for further discussion. PLAN COMMISSION / ZONING BOARD OF APPEALS No Report MINUTES APPROVAL A motion was made by Alderman Sowinski and seconded by Alderman Baker to approve the minutes of February 27, 1997 as presented. Alderman Spang asked about the comment in the minutes where Attorney Kramer indicated that the City is not responsible for payment of the F.E. Wheaton Bond. He indicated that in reading through the bond as printed in the paper it could be construed otherwise. Attorney Kramer stated reiterated that the bond simply allows the owner of the bond to be on a tax free status. The City is not cutting any checks for the bond. This enables it to be tax exempt obligation for F.E. Wheaton. Motion carried. BILLS APPROVAL A motion was made by Alderman Prochaska and seconded by Alderman Sowinski to approve and pay bills dated March 13, 1997 with vendor bills of $71 ,438. 23 , payroll of $59,914.44 for a total of $131,352 .67. Clerk Allison called the role: Spang - aye Callmer - aye Baker - aye Lynch - aye Stafford - aye Sowinski - aye Jones - aye Prochaska - aye Motion carried. ATTORNEY'S REPORT Attorney Kramer indicated that ernest money has been received on the sale of the property to St. Pats and that the survey and title have been ordered. He also indicated that memos have been submitted to the council to inform them of the status of various issues. MAYOR'S REPORT Mayor Johnson read aloud the Proclamation that March is National Red Cross Month. He said this is especially meaningful due to the Red Cross' recent efforts during the floods in the county. City Council Rectular Session - March 13� 1997 - page 3 Mayor Johnson requested that a resolution be submitted to the USEPA to raise the radium standard for municipalities. /� /� Radium Resolution ` 6 - A motion was made by Alderman Baker and seconded by Alderman Lynch to authorize the mayor and city clerk to execute a resolution recommending that the United States Environmental Protection Agency raise the radium standard for compliance by municipalities. Alderman Spang asked if the city could request them to submit the reason why this would be denied. Mayor Johnson indicated that the resolution asks for the USEPA to inform the City of Yorkville why this is denied if it is so denied. Clerk Allison called the role: Stafford - aye Baker - aye Lynch - aye Jones - aye Prochaska - aye Spang - aye Callmer - aye Sowinski - aye Motion carried. Hometown Award Mayor Johnson indicated that he was proud to inform the council that the City is a recipient of the Governor's Hometown Award. This award recognizes volunteer work such as that which has occurred at the Riverfront Park. The City of Yorkville is one of 12 who receive this award. The City of Yorkville is still in the running for the Governor's Cup. A screening committee will be in town next Wednesday for this purpose. Mayor Johnson congratulated the City and its citizens for their part in making this award possible. Cross Lutheran Basketball Mayor Johnson welcomed members of the Cross Lutheran Basketball Team who recently won the 1997 State Basketball Championship for Lutheran Schools in Illinois. Five of the 12 members were present. Mayor Johnson congratulated them on the efforts and wished them good luck in their next game in Valparaiso. CITY CLERK'S REPORT Clerk Allison indicated that several executive session minutes were reviewed. A motion was made by Alderman Spang and seconded by Prochaska to accept the Executive Session Minutes dated January 9, 1997, January 22, 1997, February 10, 1997, February 26, 1997, March 6, 1997 and December 12, 1996 as corrected. Motion carried. CITY TREASURER'S REPORT No Report CITY ADMINISTRATOR REPORT Administrator Nanninga informed the council that he encourages the many volunteers of the Riverfront Park to come to the meeting with the state representatives on Wednesday March 19th at 8: 30 a.m. or if they cannot attend to present a letter of support of the project. Alderman Spang asked if the city was locked into that project. It was noted they are. Economic Development Commission Report No Report School Community Report Alderman Jones stated that the next regular school board meeting will be held on March 24, 1997 at 7: 30 p.m. at the district offices. Old Business None New Business Alderman Callmer thanked Alderman Jones for her volunteerism in attending the many school board meetings on behalf of the City Council. City Council Regular Session - March 13, 1997 - page 4 COMMITTEE REPORTS PUBLIC WORKS COMMITTEE A motion was made by Alderman Lynch and seconded by Alderman Sowinski to approve Roadway dedication of land owned by the City to the State of Illinois Department of Transportation adjacent to Route 34 at the Rob Roy Creek Crossing of .09 acres. Clerk Allison called the role: Jones - aye Prochaska - aye Spang - aye Callmer - aye Baker - aye Lynch - aye Stafford - aye Sowinski - aye Motion carried. ECONOMIC DEVELOPMENT COMMITTEE Ordinance 97-5AAmendment to the Zoning Code Alderman Jones indicated that the final revision is dated 2/24/97. A motion was made by Alderman Jones and seconded by Alderman Prochaska to approve an ordinance providing for the Amendment of the Zoning Code for regulation of off-street parking and loading regulations for the City of Yorkville. Clerk Allison called the role: Baker - aye Lynch - aye Jones - aye Prochaska - aye Spang - aye Callmer - aye Stafford - aye Sowinski - aye Motion carried. Intergovernmental Aamnt Yorkville Bristol Sanitary District A motion was made by Alderman Jones and seconded by Alderman Sowinski to approve Yorkville Bristol Sanitary District Intergovernmental Agreement. Alderman Spang stated that while he feels this version is better than the original version, he feels it still falls short of what is best for the Citizens of Yorkville. He indicated that this agreement will give over $600,000 to the Sanitary District even though the City of Yorkville sewers need repairs. This agreement will require the City of Yorkville to borrow over $2 Million to be repaid hopefully from new developer fees. Alderman Spang feels that if the business cycle slows down, these dollars will need to be repaid and will be diverted from other areas to repay the loan. He indicated that he feels the city should retain the funds and that the Sanitary District has its own funds and is able to levy money for its own needs. Alderman Spang does not feel that the city should subsidize other taxing bodies. He feels that this could pressure the city into a high growth pattern in order to repay the loan. Alderman Prochaska stated that while it is true the city will need to borrow funds and that there is no guarantee new development will actually pay for the loan, the city will still need to borrow money to fix the problems that exist. The Sanitary district has funds but it also needs an infusion of cash to get things going. Alderman Prochaska feels that this is a way to use a partnership between the city, the sanitary district and the developer to insure to the best of their abilities the city move forward. Alderman Prochaska indicated that the city will have $205,000 to start with on the on-set and that they cannot make any guarantees on how it will be repaid. The worse case is that the existing tax payers will have to pay for the loan. This is what will happen now even if the city does nothing with this developer and the sanitary district. The goal is to get things done and this is a step in the right direction which will make it easier for the improvements to get done where they are needed. City Council Regular Session - March 13 , 1997 - page 5 Alderman Callmer stated that he agrees with Alderman Prochaska and stated that this project needs to be done and it is best to have new development pay for it. This project has to be done and the city will be spending $2 .6 million either way. Alderman Prochaska stated that a five year plan of improvements was developed so that the city could maintain existing infrastructure and move forward. He indicated that the city needs to continue to follow these plans. Alderman Jones stated that she agrees with what Alderman Prochaska and Callmer have indicated. The voters want the new development and new growth to pay their own way. She indicated that this way the new development is helping to fix a problem that is there and must be corrected. She feels this is the best solution discussed. Alderman Sowinski thanked the Edmeier group for their faith in the City of Yorkville and future development in the area. Alderman Jones indicated that the city had one potential commercial user on the south-side which could not be serviced by the sanitary district and that this advance could open up the availability of services for the south-side of town. Alderman Stafford stated that this problem has been there for many, many city councils. These councils also had the problem of funding the necessary improvements. He indicated that the city needs to control the development so that we can fix the problems. A great deal of money has gone to fixing infrastructure that you cannot see but was necessary. Mayor Johnson indicated that he supports this agreement and feels it is a necessary agreement which allows the development of a partnership with the sanitary district for growth and future development. He believes this is a sound investment for the city's future. Clerk Allison called the role: Lynch - aye Stafford - aye Sowinski - aye Jones - aye Prochaska - aye Spang - nay Callmer - aye Baker - aye Motion carried 7-1 . Mayor Johnson commended Administrator Nanninga for his continued efforts on this agreement. Alderman Jones thanked the sanitary district for their help and the many, many meetings. She believes this is beneficial for all. Alderman Callmer thanked the developer, Dean Edmeier for his efforts on this agreement. PUBLIC SAFETY COMMITTEE A motion was made by Alderman Callmer and seconded by Alderman Baker to accept the January 1997 Police reports as presented. Motion carried. Intergovernmental Agmnt Ken Com Revision A motion was made by Alderman Callmer and seconded by Alderman Lynch to accept the Ken Com Intergovernmental Agreement proposed amendment dated February 24, 1997. Clerk Allison called the role: Stafford - aye Sowinski - aye Baker - aye Lynch - aye Jones - aye Prochaska - aye Spang - aye Callmer - aye • Cit C•u . ' 1 R-• lar Se io - M. c 13 1997 - •. • - 6 Motion carried. Ord 97-4 Amending Chpt 3 / Outdoor Retail Sale of Alcohol A motion was made by Alderman Callmer and seconded by Alderman Sowinski to approve an ordinance amending Chapter 3 of the Yorkville Municipal Code to Provide for Outdoor Retail Sale of Alcoholic Beverages. Clerk Allison called the role: Prochaska - aye Spang - nay Callmer - aye Baker - aye Lynch - aye Stafford - aye Sowinski - aye Jones - aye Motion carried 7-1. Alderman Callmer thanked all those who worked so hard in getting this ordinance in place for the summer season. Chief Graff indicated that this has been distributed to all restaurants and taverns. ADMINISTRATION COMMITTEE --- NO REPORT ADDITIONAL BUSINESS Alderman Prochaska reminded everyone that they should have received a copy of the proposed budget and that this should be reviewed and any concerns presented at the committee meeting. The budget will be voted on for publication at the next council meeting. Also, council members should have received the library agreement for review. This will be discussed at the next COW meeting. ADJOURNMENT A motion was made by Alderman Callmer and seconded by Alderman Spang to adjourn the meeting at 7:50 p.m. Motion carried. By: LObAiir\-- Jac ue in Al ison - City Clerk