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City Council Minutes 1996 01-11-96 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, January 11 , 1996 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 Absent Prochaska Present Ward IV Sowinski Present Stafford Present (Arrived 7:20 p.m. ) A quorum was established. QUORUM INTRODUCTION OF GUESTS Mayor Johnson welcomed those present and asked them to please sign in on the sign-in sheet being passed around. AMENDMENTS TO THE AGENDA None MEETING DATES The council reviewed the listing of meetings. The Economic Development Committee will meet on Wednesday January 17 , 1996 instead of Tuesday January 16th originally scheduled. PUBLIC HEARING A motion was made by Alderman Baker and seconded by Alderman Prochaska to move into Public Hearing to discuss the proposed revised Land-Cash Ordinance. Clerk Allison called the role: Lynch - aye Prochaska - aye Spang - aye Callmer - aye Baker - aye Sowinski - aye Motion carried. Attorney Kramer briefly described the revisions being proposed in the new ordinance. This results in a more equitable payment system on new construction for the schools. Attorney Kramer indicated that updated studies were conducted by the school Regional Superintendent. This and other information was reviewed by the Administration Committee. Alderman Prochaska stated that the same formula was being used to calculate the fees but with different numbers being plugged in. He also stated that this is a far more equitable calculation. It was noted that on the new construction of a four bedroom home fees to the school district under this new ordinance would increase from $812 to $1 ,686.72. Park fees would also be increased but only by approximately $25. In order to help alleviate some possible burden on the developers, these fees would be due in three separate phases. There would be 1/3 of the amount due up-front with the city to receive a letter of credit for the remaining 2/3's due. The second 1/3 would be due upon occupancy of the home or one year into the development. The final payment would be due upon the city's acceptance of the improvements or within a two year period. The city will be asking that these funds be paid directly to the school district with a receipt being sent to the City indicating that the school's received the funds. A sample resolution will be sent to the school district for their agreement. The city will ask that the school board adopt this proposed resolution or notify the city of its agreement to abide by the terms of the ordinance. City Council Minutes -- January 11 , 1996 -- page 2 Mayor Johnson asked for any public testimony regarding this proposed new ordinance. Alderman Baker asked for an explanation regarding if and when this new ordinance will impact developments which could are already in process. Alderman Prochaska stated that this ordinance will impact subdivisions upon the approval of the final plat. Attorney Kramer indicated that this will not effect developments which the city has already approved final plat. He also indicated that the city would need to be very cautious on implementing this requirement on those developments already into the preliminary plat stage. Mayor Johnson asked for any other comments or questions regarding this issue. A motion was made by Alderman Prochaska and seconded by Alderman Baker to move out of Public Hearing into regular council session. Clerk Allison called the role: Sowinski - aye Baker - aye Lynch - aye Prochaska - aye Spang - aye Callmer - aye Motion carried. Mayor Johnson stated that this will be presented at next week's Committee of the Whole for final review and will be presented at the next City Council for vote. A copy will be on display at the city office for review. PLAN COMMISSION / ZONING BOARD OF APPEALS Alderman Baker informed the council that the Plan Commission met last night and began to review the plans for the Parkview School to be converted into Senior Housing. This was tabled until next month's meeting for further information requested. Citizen Comments Mayor Johnson asked for any citizen's comments. Richard Sticka of Crooked Creek addressed the council regarding the Liquor Ordinance which is scheduled to be voted on this evening. Mr. Sticka's concerns regarding the need to limit the number of retail liquor establishments within the city . He believes that the council should limit the number of establishments which could sell packaged liquor. He discussed several communities which have implemented some way to limit these types of outlets. Mr. Sticka believes that the council should make every effort to keep down the number of establishments in the city which are allowed to sell alcohol. He would like to remind the council that today's choices effect our tomorrow. Mr. Sticka has asked the council to delay voting on this ordinance until additional studies can be completed. Also addressing the council was Mr. Rob Congdon of State Street, Yorkville. Mr. Congdon reminded the council that he had previously spoken to the council about a year ago. At that time, he indicated to the council that they do not have to accept any business who wants to come to town. He asked that they wait for the best businesses to come to our town. Mr. Congdon stated that he feels that quality is better than quantity. He also feels that the council should implement a limit of the number of establishments in the city who are able to sell packaged liquor. Mr. Congdon feels that the city environment could be harmed by too many alcohol related establishments. He feels that additional stores in the area would hard current businesses economically. He believes that the council should table this issue until further study and thought could be given to the overall program. City Council Minutes -- January 11 , 1996 -- page 3 MINUTES APPROVAL A motion was made by Alderman Spang and seconded by Alderman Sowinski to approve the minutes of the December 28, 1995 City Council minutes as presented. Motion carried. BILLS APPROVAL A motion was made by Alderman Prochaska and seconded by Alderman Sowinski to approve and pay bills in the amount of $50,077.32 vendor, $52,956.42 payroll for a total of $103 ,033 .74. Clerk Allison called the role: Prochaska - aye Stafford - aye Sowinski - aye Spang - abstain Callmer - aye Baker - aye Lynch - aye Motion carried. ATTORNEY'S REPORT Attorney Kramer indicated that he has been distributing the resolution regarding the sale of the strip of property along Van Emmon Street. This is to close within two weeks. This resolution should be reviewed at the next COW meeting and be voted on at the next council meeting. MAYOR'S REPORT Mayor Johnson asked those members of the Yorkville High School Pom Pon Squad present to come to the front of the room. Mayor Johnson read the attached Proclamation in Recognition of Outstanding Achievement to the members of the squad and congratulated them on recently representing Yorkville at the Orange Bowl in Florida. Mayor Johnson presented them with a plaque also. CITY CLERK'S REPORT No Report CITY TREASURER'S REPORT No Report CITY ADMINISTRATOR REPORT Administrator Nanninga stated that members of the Riverwalk Committee recently visited the Batavia Riverwalk. They met with the Mayor of Batavia and various members of the council. He stated that the City of Yorkville is beginning to receive donations towards this project and stated that the goal is to have this in place for the Fourth of July celebrations or Yorkville Hometown Days this year. Mayor Johnson also stated that he was impressed by what the City of Batavia has accomplished. He stated that he is encouraged by their offer to help and community involvement that is started. Alderman Stafford asked if appropriate letters are being sent thanking those donating to the project. Mayor Johnson stated that the marketing group is getting together and should be completing this task. Economic Development Commission Report The next meeting is scheduled for Tuesday, February 13, 1996. Kendall County Governmental League Report No Report School Community Report Alderman Spang informed the council that the School Board has selected the proposal for building a new High School . A new Design Oversite Committee as well as a Financial Oversite Committee are being developed. Anyone interested in being a member of the committees are asked to complete an application by next Tuesday. City Council Minutes -- January 11, 1996 -- page 4 Old Business No Report New Business Philip Morel of the Walter E. Deuchler Associates Inc. addressed the council members. Mr. Morel presented the attached letter to the Mayor. This letter addresses a donation to the City of Yorkville for the Riverwalk Project. This letter pledges time and effort for the design of the plaza to be constructed on the property. Mayor Johnson thanked Mr. Morel and accepted the donation on behalf of the City of Yorkville. Mayor Johnson stated that it is rewarding to see donations beginning to come in for this project and thanked those community members who are working so hard for this goal . Alderman Stafford asked if there was any resistance to the project. Mayor Johnson responded that some resistance appears to be from a confusion of what this project actually is. He stated that this project proposes a beautification of this area for the City. He stated that the City will not be taking anyone's property. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE Contract James Olson & Assoc. Alderman Stafford made a motion to authorize the Mayor and City Clerk to execute the contract with James Olson and Associates to provide land surveying services for the proposed South Sewer project. Alderman Prochaska seconded the motion. Clerk Allison called the role: Callmer - aye Lynch - aye Prochaska - aye Stafford - aye Sowinski - aye Spang - aye Baker - aye Motion carried. ECONOMIC DEVELOPMENT COMMITTEE -- NO REPORT PUBLIC SAFETY COMMITTEE ORDINANCE 96 - 1 LIQUOR ORDINANCE A motion was made by Alderman Callmer and seconded by Alderman Prochaska to adopt An Ordinance Amending Chapter 3 of the Yorkville Municipal Code to Provide Classification of Liquor Licenses, to Set License Fees, and to Provide for Certain Amendments and Definitions. Mayor Johnson asked for any comment regarding the motion. Alderman Spang stated that he has spoken at length regarding his feeling on this ordinance. He believes that there is a major flaw in this ordinance. This flaw it the lack of a limit on the package or restaurant class licenses. He stated that anyone coming into the area who applies must be given a license. Alderman Spang again urged the council not to approve this ordinance in this form today. Attorney Kramer discussed the proposed ordinance. He stated that the council has completed a very health review of this ordinance. This has been redrafted several times. Some good discussion has taken place regarding this ordinance. A member of MADD visited with the council also regarding this proposed ordinance. While the gentleman was under some misunderstanding of what was in the ordinance, he did bring up some issues the council found helpful . The new ordinance did not take away any limits on liquor licenses. City Council Minutes -- January 11 , 1996 -- page 5 The old ordinance did not have these limits in place. The new ordinance was meant to clean up an old ordinance which has not been reviewed in many years. The new ordinance was developed in order to clarify the terms and uses of the ordinance. It did not take off any limits on the tavern Class license. The state requirements changed so the city does not have to limit these based on population any more, but they did choose to leave this limit as it was. Attorney Kramer went on to stress that the council rewrote this ordinance in order to put in some real clear definitions on what tavern and restaurant class really meant. He indicated that the old ordinance was not real clear in this area. Attorney Kramer stated that this ordinance does not encourage unlimited establishments. He indicated that the council should follow up on reviewing studies regarding possible limitations on some of the licenses, but he does not want the city to limit the licenses so as to discourage some possible large stores etc. , coming into the area. He encourages the council members to develop a cause or factor basis to limit these on, not just on a population basis. Attorney Kramer also indicated that this updated ordinance has been discussed with local license holders. This ordinance simply cleans up the old ordinance and can be reviewed again for updates if necessary. Alderman Callmer stated that this is intended to be a working document. The Public Safety Committee is to continue monitoring the state statutes. Attorney Kramer also indicated that the council members agree with the need for license holders to encourage their personnel to obtain the training offered by the state and others. Alderman Callmer again stated that the council will continue to review this ordinance. Council members already have new ideas to review and discuss regarding this ordinance. Alderman Prochaska stated that he feels the council needs to research some of the ideas that have been presented to them. He also indicated that he feels the council will need to continue to review this and any deficiencies it may hold. Alderman Prochaska has asked to attend the next Public Safety Committee to discuss some of his views. Alderman Sowinski stated that he feels the council is on the right track and would like to encourage the employee training program discussed. Chief Graff agreed with the comments made and would like to reassure everyone concerning the proposed ordinance. He stated that this new ordinance has very good legal ease and language. He agrees with the council that this is a good working document to begin with and that he will be reviewing this on a regular basis as well. Alderman Sowinski stated that he received a call concerning a downtown business who currently allows fashion shows. It was stated that another ordinance was passed approximately two years ago to address these types of issues. Mayor Johnson stated that this new ordinance is being passed in order to correct some inequities created by the old ordinance. This new ordinance set out to provide equity in the class and definitions used. He has asked Police Chief Graff and Attorney Kramer to keep current on legislation regarding these areas and begin recommending any necessary changes to the council. Mayor City Council Minutes -- January 11 , 1996 -- page 6 Johnson reiterated that this is a working document that will change as the town changes. Mayor Johnson stated that they will continue to look at this issue but does not feel that the city can begin setting arbitrary caps without more site specific information being reviewed. Mayor Johnson feels that this new ordinance accomplishes what was set out to be completed and he thanked the Public Safety Committee, Alderman Callmer, Chief Graff and Attorney Kramer for their hard work on this issue. Clerk Allison called the role: Prochaska - aye Spang - nay Callmer - aye Baker - aye Lynch - aye Stafford - aye Sowinski - aye Motion carried. ADMINISTRATION COMMITTEE Alderman Prochaska informed the council that the proposed job description has been reviewed by the Rec Board. A motion was made by Alderman Prochaska and seconded by Alderman Baker to accept the Job Description for a Full Time Recreation Department Director. Motion carried. ADDITIONAL BUSINESS Executive Session A motion was made by Alderman Prochaska and seconded by Alderman Sowinski to move into executive session for the purpose of reviewing past executive meeting minutes. Session is to include Attorney Kramer, Administrator Nanninga, Chief Graff and Treasurer Scheffrahn. Clerk Allison called the role: Spang - aye Callmer - aye Baker - aye Prochaska - aye Stafford - aye Sowinski - aye Lynch - aye Motion carried. ** A 10 minute recess will be taken A motion was made by Alderman Baker and seconded by Alderman Callmer to move out of executive session and back into regular council session at 8: 32 p.m. Clerk Allison called he role: Lynch - aye Stafford - aye Prochaska - aye Spang - aye Callmer - aye Baker - aye Sowinski - aye Motion carried. A motion was made by Alderman Spang and seconded by Alderman Prochaska to move that all executive session minutes having been considered from March 2, 1995 through December 7, 1995 remain sealed after having been considered by the Mayor and City Council with the exception of the following executive session minutes: Executive Session - February 9, 1995 for review of executive session minutes; Executive Session May 4 , 1995 concerning an offer to purchase city real estate; and, from Executive Session December 7, 1995 concerning the sale of city real estate. Clerk Allison called the role: Baker - aye Lynch - aye Prochaska - aye Stafford - nay Sowinski - aye Spang - aye Callmer - nay City Council Minutes -- January 11 , 1996 -- page 7 Motion carried by a vote 5-2. Mayor Johnson stated that he will appoint the following council members to a committee to review, make recommendations for future executive session minutes. Attorney Kramer Alderman Lynch Alderman Stafford Attorney Kramer asked that the City Administrator place this on the proper semi-annual review cycle for future meetings. Alderman Lynch stated that he will be attending the 1996 Illinois Governor's Conference on Tourism in February. He asked that the city review possibly paying for part of the cost. This will be discussed at the next Economic Development Committee meeting. ADJOURNMENT A motion was made by Alderman Prochaska and seconded by Alderman Baker to adjourn the meeting at 8: 38 p.m. Motion carried. By: \ Jacq el 'ne Allison - City Clerk • ------,..._ • • H 1 9 9 (f) ) vikw(A± trAcL. sn----(9-7. 61). Si ,u, c ,>2s__s ch4{ ) 0 1---)--e. Moor-q ) \ Moot( f H Nicuke hlo ore_ • k\'' NI(''''' 5 10 CKY(V 5A • /60) /k-(0 ) rrieDa-noV- I zi • • 0_1(\( e_. Kl ( trte5i dc Ho ) / ‘-5--) /,7? i .ie. r ( 6{ zco--7z R; L,Lei-- pco, ./ -r--) i_ -7 0 / Ofe44,(/, -,ee;A4- 7 C c%-ea dx/'', ila t?1,991-fro . c)L-1 k''k)cr- -.)--. X ZdO) e'. 161/ . 07Z-7 Ick(6i--- . ,47-reiiier, ae..7 /t ) \ICC°40j1Z lieket/4, '')7 Vill I(3(I 1/4 ‹,Q 1 .1 M(4) E'41°4 \.' Critc6C k\(),resi 301ftnclecoyA ,1,0encky CoK s . Rqr oAt nicitiould 42_,/ Ott4ektaeL d 7' PROCLAMATION IN RECOGNITION OF OUTSTANDING ACHIEVEMENT Whereas, the Yorkville High School Pom Pon Squad has succeeded in achieving outstanding success in performing in the Orange Bowl on New Years Day; and Whereas, the Yorkville High School Porn Pon Squad has brought great pride to the city and its residents; and Whereas, the United City Of The Village of Yorkville by and through its duly elected City Council and Mayor wishes to congratulate and commend the Yorkville High School Porn Pon Squad on its outstanding achievement; NOW THEREFORE the Mayor and the City Council of the United City of the Village of Yorkville hereby congratulate and commend the Yorkville High School Pom Pon Squad for their exemplary performance and outstanding achievement. JL Dated this /1 day of January, 1996. /d. der Mayor Attest: • fike r -� a �, r ity ler WALTER E. DEUCHLER ASSOCIATES INC. Consulting Engineers 230 WOODLAWN AVENUE • TELEPHONE (708)897-4651 AURORA, ILLINOIS 60506 January 9, 1996 The Honorable Bob Johnson City of Yorkville 111 W. Fox • Yorkville, IL 60560 RE: Riverwalk Plaza- Conceptual Plan City of Yorkville W.E.D.A. Job #788-96001-00-300 Dear Mayor Johnson: It is our understanding that the City of Yorkville is contemplating building a plaza on the south bank of the Fox River, west of the dam, and is seeking donations to construct the plaza. We would be pleased to contribute our time and effort towards the following: A. Prepare CAD drawings with construction details based upon the proposed conceptual plan. B. Prepare a landscape drawing. Our time to provide the above services can be estimated as follows: CAD Drawings 90.0 hrs. Attend Meetings 10.0 hrs. • TOTAL ESTIMATED TIME = 100 hours Any permit applications would be handled by the City's Public Works Department. • Water Works and Sewerage • Buildings and Structures • Design and Construction • Streets and Street Lighting • Investigations and Reports • Project Financing • ' Honorable Bob Johnson City of Yorkville January 9, 1996 Page 2 We look forward to working with you on this exciting riverfront project. Very truly yours, WALTER E. DEUCHLER ASSOCIATES, INC.Philippe F. Moreau, P.E. PFM/mw cc: Mr. James A. Nanninga, City Administrator