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City Council Minutes 1997 08-28-97 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 ON THURSDAY, AUGUST 28, 1997. Mayor Bob Johnson called the meeting to order at 7:05 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Simmons Called the role: Ward I Spang Present Sticka Present Ward II Lynch Present Kot 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 Stafford stated the next Public Safety Committee meeting would be on Monday, September 22, 1997 at 6:30 p.m. Alderman Stafford also added the July Police Report under Public Safety Committee Reports and stated the Alarm System is tabled. Alderman Prochaska stated that on the agenda there was a special Economic Development Committee meeting which should be a Special Administration Committee Meeting on Tuesday, September 2, 1997, 6:00 p.m. to discuss the audit report. MEETING DATES Public Works Committee meeting as stated on the agenda, Special Administration Committee meeting,Tuesday, September 2, 1997 6:00 p.m. in the Kendall County Building Conference Room, Suite 3,Economic Development Committee meeting as stated on the agenda, Alderman Jones stated there would be a Public Hearing at the meeting, Public Safety Committee meeting, Monday, September 22, 1997 at 6:30 p.m. in the Kendall County Building Conference Room, Suite 3, Administration Committee meeting as stated on the agenda. CITIZENS COMMENTS There were none. PUBLIC HEARING A motion was made by Alderman Prochaska and seconded by Alderman Jones to move into Public Hearing for the purpose of requesting annexation and rezoning from Kendall County R-6 to R-2 Single Family Residence District. The applicant is Ed Aister and the owner of the property is Merchants National Bank Trust No. 4940. The property is located on Game Farm Rd., immediately north of 1208 Game Farm Rd. Clerk Simmons called the roll. Sticka aye Kot aye Lynch aye Stafford aye Sowinski aye Jones aye Prochaska aye Spang aye Motion carried 8-0. City Council Minutes - August 28, 1997 - Page 2 Attorney Dan Kramer stated that a public hearing is held whenever property is being annexed to a city. A public hearing is held at the Plan Commission level, which is the designated Public Hearing body. At the City Council there has to be a Public Hearing if there is a written annexation agreement. Mayor Johnson asked if there was anyone here that would like to make any public comments regarding the Public Hearing. Citizen Gordon Johnson of 1209 Prairie Lane asked why all of a sudden they are having this property annexed into the city. Mr. Johnson stated that he has lived next to the property for 25 years and they have always been outside of the City Limits and that it has been a tradition in that subdivision that it was outside of the city. Mr. Gordon stated that for some reason this new builder is being forced into the City so that he can get his building permits and his water and sewer. Mr. Gordon stated that this has never been in the past before, anybody in the subdivision, he was not exactly sure of all the reasons why in the past, this property was always able to get city water and city sewer and there was never any harassment to be brought into the city. Mr. Gordon stated he was wondering why now is this going on and is this a prelude to bringing everyone into the city out there. He stated at one time they did pay double water rates and everything else for having the privilege of outside city water but that got changed about 10-12 years ago and he was not sure why. Mr. Gordon expressed his great concern, as a resident out there and a tax payer that he will be the next person to be circled into this group. He asked if they were trying to draw a plat out there where they will start getting each individual person in there and they will have no say on their own. Alderman Prochaska asked Mr. Gordon if anyone has ever approached him to annex into the city. Mr. Gordon replied no. Alderman Prochaska stated that as long as he has been on the City Council there was a policy established that if anyone hooked on to city sewer and water they would either annex into the city or do a pre-annexation agreement. Alderman Prochaska stated that where Mr. Gordon lives and some of the other residents within the two block area there was an agreement made with the city 20 some years ago that allowed everybody to hook on to city sewer and water because they were trying to get it up to Countryside and that was allowed. Alderman Prochaska stated that there is the deal that was made 20 years ago and they are using a service that is supplied by the City of Yorkville but no one has pushed the issue for them annex. Mayor Johnson stated that it is not the policy of this City Council at this time to take any residential unit involuntarily or force annexation of any resident that does not have a pre annexation agreement. Attorney Dan Kramer stated that the only parcels that would be affected are the ones that have not been built on and are seeking to hook up to city sewer and water. Attorney Kramer also stated that there is absolutely no policy or movement to force annexation to any existing residences in Conover subdivision, Alderman Jones stated that no way has Mr. Aister ever been coerced. Alderman Jones continued stating that Mr. Aiser came to the initial meeting and asked how could he get city sewer and water and he was told exactly what the policy was, that if he wanted city sewer and water he would have to annex to the city and he said that was fine. Mr. Aister has signed all the applications and documents. Mr. Aister had to go to the Plan Commission because there was an annexation. It went through the normal channel but it only affected him. A motion was made by Alderman Sowinski and seconded by Alderman Lynch to go out of Public Hearing. Clerk Simmons called the roll. Prochaska aye Spang aye Sticka aye Kot aye Lynch aye Stafford aye Sowinski aye Jones aye Motion carried 8-0. City Council Minutes - August 28, 1997 - Page 3 PLANNING COMMISSION/ZONING BOARD OF APPEALS PC 97-7 Ed Aister - Request Annexation and Rezoning A motion was made by Alderman Jones and seconded by Alderman Sowinski to approve the ordinance annexing property known as PC 97-7, also known as Ed Aister, to the United City of Yorkville, Kendall County. There were questions and comments from the City Council in regards to the letter Mr. Aister addressed to Judy Bell, where he stated that he felt that he was coerced into the annexation. There were further comments stating that Mr. Aister has signed all the necessary papers and petitions and has paid all the fees. Alderman Sticka, Jones, Prochaska and Spang made comments that they would like to table the annexation request until Mr. Aister addresses the items he specified in his letter. A motion was made by Alderman Spang and seconded by Alderman Sticka to table the annexation request PC 97-7 also known as Ed Aister until such time that the applicant addresses the items that he has specified in his letter. Clerk Simmons called the roll. Jones aye Prochaska aye Spang aye Sticka aye Kot aye Lynch aye Stafford aye Sowinski aye Motion carried 8-0. MINUTES APPROVAL A motion was made by Alderman Sowinski and seconded by Alderman Lynch to approve the minutes from the regular meeting of the City Council of August 14, 1997. Motion carried. BILLS APPROVAL A motion was made by Alderman Prochaska and seconded by Alderman Sowinski to approve payment of the bills dated August 28, 1997 as corrected with a declaration of payment under protest for Real Estate Taxes in the amount of$1,268.78, with a total vendor amount of$176,612.03, payroll$63,799.70 for a total disbursement of$240,411.73. Clerk Simmons called the roll. Sowinski aye Jones aye Prochaska aye Spang aye Sticka aye Kot aye Lynch aye Stafford aye Motion carried 8-0. A motion was made by Alderman Sowinski and seconded by Alderman Prochaska to authorize payment for the Dodge Dakota Pick-Up Truck for the Water Department in the amount of $20,326.05, which includes an additional amount of$67.05 for license and registration. Stafford aye Sowinski aye Jones aye Prochaska aye Spang aye Sticka aye Kot aye Lynch aye Motion carried 8-0. ATTORNEY'S REPORT Attorney Kramer stated that there was some correspondence put in the City Council Members boxes regarding some pending litigation. Attorney Kramer also stated that there are a number of things going on regarding some business annexations and he would have a detailed report at the Economic Development Committee meeting. City Council Minutes - August 28, 1997 - Page 4 MAYOR'S REPORT Park Board Community Forum Meeting Mayor Johnson stated he wanted to make everyone aware of a Community Forum put on by the Park Board to be held on Saturday, September 20, 1997 at 9:00 am at the Beecher Center. This forum is in conjunction with our Competitive Community Initiative which the Park Board is inviting all community residents to come to the meeting to give suggestions or comments that they may have regarding our planning for the future in regards to our parks and our recreation system. Mayor Johnson urged all residents to come to this meeting and give their opinions. Mayor Johnson stated that if anyone could not attend the meeting he thought written suggestions would also be acceptable At this time Mayor Johnson welcomed guests Sargent Paul Collard and his wife Yvonne of Hemel, Hempstead, England. Paul Collard is part of the exchange program which Police Sargent Martin participated in a few months ago and was over in England. Mayor Johnson formally welcomed Paul Collard and his wife Yvonne to Yorkville. Mayor Johnson presented gifts to Sgt Collard and Yvonne. He also presented gifts for their Chief Constable, their mayor and the mayor's wife and gifts for their City Council. Police Chief Tony Graff presented Paul and Yvonne Collard with DARE Jackets on behalf of one of the police officers who is president of the DARE Association and could not be present at the meeting. Alderman Stafford presented Paul Collard with aYorkville Police Badge. Alderman Prochaska and Alderman Jones presented Paul and Yvonne Collard with Riverfront Festival T-Shirts. Paul Collard presented Mayor Johnson with an official British Bobby's hat and presented Police Chief Tony Graff with an official Bobby `s stick. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTRATOR `S REPORT City Administrator Jim Nanninga reminded everyone about the Riverfront Festival and their pork chop booth and their lemon shake ups. He also reminded everyone of the ribbon cutting ceremony on Saturday, August 30 at 11:00 am for the Bridgeberry Twigs. SCHOOL COMMUNITY REPORT Alderman Spang stated that September 6, from 9:00 to 5:00 pm the Strategic Update Committee of the School Board will meet in its first session to establish new priorities for the Districts direction. Alderman Spang stated the meeting will be held in the High School library. The next regular meeting of the School Board will be on September 8, 1997 at 7:30 pm in the District Offices. OLD BUSINESS None. NEW BUSINESS None COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT May and June Water Reports A motion was made by Alderman Sowinski and seconded by Alderman Prochaska to approve the City Council Minutes - August 28, 1997 - Page 5 May and June Water reports as presented. Motion carried. Cimarron Ridge Unit II Letter of Credit A motion was made by Alderman Sowinski and seconded by Alderman Spang to authorize the City Clerk to demand payment from the Bank of Yorkville for the full amount of the letter of credit for Cimarron Ridge Unit II in the of$129,785.00 should it not be renewed by October 8, 1997 which is within 30 days of the expiration date of November 8, 1997. Clerk Simmons called the roll. Jones aye Prochaska aye Spang aye Sticka aye Kot aye Lynch aye Stafford aye Sowinski aye Motion carried 8-0. 1997 Motor Fuel Tax Resolution No. 97-14 to Maintain Streets and Highways A motion was made by Alderman Sowinski and seconded by Alderman Prochaska to authorize the Mayor and City Clerk to execute a Stare of Illinois Resolution for Maintenance of Streets and Highways in the amount of$39,000.00 for the purpose of maintaining streets throughout town. Clerk Simmons called the roll. Prochaska aye Spang aye Sticka aye Kot aye Lynch aye Stafford aye Sowinski aye Jones aye Motion carried 8-0. Resolution 97-15 -New Traffic Signal at Countryside Parkway and Illinois Route 47 A motion was made by Alderman Sowinski and seconded by Alderman Kot to authorize the Mayor and City Clerk to execute a State of Illinois Resolution of Intent for funding 50% of a new traffic signal at the intersection of Countryside Parkway and Illinois Route 47. Alderman Spang made comment and expressed concern that there was no dollar cap on the resolution. City Administrator Jim Nanninga stated the state put in their cap of$60,000.00. Alderman Spang asked that there be a cap stated in the motion. Alderman Kot withdrew his second. A motion was made by Alderman Sowinski and seconded by Alderman Kot to authorize the Mayor and City Clerk to execute a State of Illinois Resolution of Intent for funding 50% of a new traffic signal at the intersection of Countryside Parkway and Illinois Route 47, not to exceed $60,000.00 of MFT funds. Clerk Simmons called the roll. Spang aye Sticka aye Kot aye Lynch aye Stafford aye Sowinski aye Jones aye Prochaska aye Motion Carried 8-0. Alderman Spang personally thanked J.T. Johnson, Director of Public Works for the prompt removal of the dead elm tree in the parkway at 113 E. Washington Street. City Council Minutes - August 28, 1997 - Page 6 ECONOMIC DEVELOPMENT COMMITTEE REPORTS Approve July Building Report A motion was made by Alderman Jones and seconded by Alderman Sowinski to approve the amended July Building Report as presented. Motion carried. PUBLIC SAFETY COMMITTEE REPORT July Police Reports A motion was made by Alderman Stafford and seconded by Alderman Kot to accept the July Police reports as presented. Motion carried. ADMINISTRATION COMMITTEE REPORT Resolution 97-16 Contract Extension with NYL Care Health Plans A motion was made by Alderman Prochaska and seconded by Alderman Lynch to authorize the Mayor and City Clerk to execute a contract extension with NYL Care Health Plans of the Midwest to provide health insurance and life insurance coverage for the City Employees until April 30, 1998. Clerk Simmons called the roll. Lynch aye Stafford aye Sowinski aye Jones aye Prochaska aye Spang aye Sticka aye Kot aye Motion carried 8-0. Ordinance No. 97-22 - Amending and Supplementing the Codification of Ordinances A motion was made by Alderman Prochaska and seconded by Alderman Lynch to approve the ordinance amending and supplementing the Codification of Ordinances as presented and authorize the Mayor and City Clerk to execute said ordinance. Clerk Simmons called the roll. Stafford aye Sowinski aye Jones aye Prochaska aye Spang aye Sticka aye Kot aye Lynch aye Motion carried 8-0. ADDITIONAL BUSINESS Police Chief Tony Graff stated that there would be a neighborhood meeting for Colonial Parkway on Thursday, September 4, 1997 at 6:00 pm at Circle Center School Alderman Prochaska invited everyone down to the Riverfront Festival Friday, August 29 to help with some of the final setting up. Mayor Johnson invited everyone down to the Riverfront Festival. Alderman Spang advised the council of the passing of John "Jack" Oremus, who was the first contributor to our Riverfront park. Mr. Oremus was 60 years old when he lost his life last week in an automobile accident. City Council Minutes - August 28, 1997 - Page 7 ADJOURNMENT A motion was made by Alderman Prochaska and seconded by Alderman Sowinski to adjourn the meeting at 7:54 p.m. Motion carried. By: +<, 4,:nrmota Deborah K. Simmons - City Clerk CITY COUNCIL MEETING S -a8-9-) PLEASE SIGN IN! NAME: ADDRESS: (■/0 AS AI 1Z �� �� «nom .�. /)-b q 'me .e. AIM /(7 6 e)) 4C(4_A?/C /e /R g 1, a J &R7?-61' wL 7�' /02,0 X ia H#0/Ve l a X46 < ix ��