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City Council Minutes 1996 08-08-96 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, August 8, 1996 Mayor Johnson called the meeting to order at 7:05 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 Absent Lynch Present Ward III Jones Present Prochaska Present Ward IV Sowinski Present Stafford Absent A quorum was established. QUORUM INTRODUCTION OF GUESTS Mayor Johnson welcomed those present and asked them to sign the attendance sheet. Mayor Johnson also stated that anyone wishing to speak during the citizen comment section of the meeting should sign in on the sign-in sheet provided. AMENDMENTS TO THE AGENDA The Liquor Control Ordinance will be discussed under the Mayor's Report. The Sale of City Lots will be under Administration Committee and the contract with the Bistro Inc. will be added to the Economic Development Committee agenda. MEETING DATES The council reviewed the listing of committee meetings. Meetings will be held as stated except for the Economic Development Meeting being at 7:00 p.m. instead of 6:30 p.m. Riverfront Donation Mayor Johnson accepted a cash donation in the amount of $1,500 from Joanne Collins and Dave Dockstader representing the American Legion Softball team. These funds were generated from the King and His Court Softball game on July 16th. CITIZEN COMMENTS Mayor Johnson asked for any citizen comments. He reminded everyone that this is not a debate but an avenue for them to make citizen comments. He asked everyone to keep their comments to approximately three minutes. Thomas Krenzke of Yorkville addressed the council regarding the proposed new Liquor Control Ordinance. He stated that he supports the proposed ordinance based upon his beliefs in the decline of the moral values in our country. Don Peterson stated that while he respects the job that the council members must do each day, he does not feel that passing this ordinance is the proper thing to do. He stated various reasons why he is not comfortable with the ordinance and he does not feel that there is a major problem in the City of Yorkville that warrants a new ordinance. He feels that the existing ordinances are enough. He feels that this ordinance will be similar to other mandatory laws such as free speech at the Democratic convention and an outdoor smoking ban. He does not feel that there is a reason for the ordinance, he feels it is poorly written and too restrictive. Mr. Peterson stated that this ordinance will be around a lot longer than the current council members, and will it be possible to trust those in office to monitor it properly. He indicated that he feels that what occurs in the lingerie shows in Meetballs shows less than what you see at the local pool or in the city park. He stated that this is adult entertainment in an adult environment. Mr. Peterson stated that this ordinance is too restrictive, is aimed at one business, invites the misuse of authority and that he does not feel City Council Regular Session - August 8, 1996 - page 2 that the council has the wherewithal to vote against this issue because it is politically correct but is morally incorrect. Attorney Kramer stated that some of specifics in the ordinance has been clarified in a later version including the use of alcohol outside and the 16 oz container issue. Ed Ryan of Yorkville spoke next to the council. He owns the building that Meetballs is located in. He stated that there is no pornography in Meetballs. He stated that the state has rules, the city has rules and the owner has rules and that the establishment follows all of these rules. Mr. Ryan thanked the council members for the opportunity to speak regarding this issue although he understood that the decision has been made and that it will not matter what is said tonight. Mr. Ryan indicated that much of the focus has been to the east of Yorkville . . towns which have adopted ordinances to ban lingerie shows etc. He asked why the council could not look west where other towns such as Plano having jello wrestling. Mr. Ryan asked why Yorkville could not be Yorkville. He indicated that there have not been any police calls made to the bar during the four years of lingerie shows during any of the shows. A petition representing over 300 signatures has been placed on file with the City supporting Meetballs and requesting the council to vote against the proposed ordinance. Scott Bradley addressed the council indicating that he does not live in Yorkville but does own a business in Yorkville. He supports the ordinance because he supports a family orientation to the downtown City of Yorkville. He indicated that while individual citizens have a right to choose what they do, ordinances effect the overall standard of living for the citizens. He urged the council members to pass the ordinance. John Manoni stated that he is the owner of the company who performs the fashion shows at Meetballs. He has handled the shows for three years. He indicated that to his knowledge that have been no police incidents. He stated that he feels it is unfortunate that one individual who took it upon herself to do something outside should create this problem. He stated that he feels the council's actions are rash. Mr. Manoni stated that he cannot understand how a two hour show can effect this town in this way and why all parties involved should be condemned for one person's actions. He stated that most of the girls involved are individual contractors with his company and that they cannot be responsible for how they act outside of the establishment but that they do monitor them inside the establishment. Mr. Richard Sticka of Yorkville stated that he does not feel that people move to Yorkville so that they can be located near a sexually oriented business. He feels the council must look at how this effects other businesses in town and that what people do in the private is their own affair but what goes on in public is everyone's issue. Mr. Sticka supports the ordinance being passed. Mr. Robert Congdon stated that he was not aware that this issue was directed at a single business. He asked how this can hurt Meetballs if the business had survived before. He stated that while freedoms are important to him, he feels they must be limited so that they do not infringe upon others. Mr. Congdon supports the ordinance not as an attack on anyone but as a preventive measure for decency in the City of Yorkville. Mr. Rick Haupt stated that he was concerned that the owner of the business hired individual contractors for the lingerie shows indicating that he does not have any control or liability over the girls. Mr. Haupt supports the passage of the ordinance. Jodi Ryan addressed the council next. She stated that while he may not have control over the girls, she did while they were in her bar City Council Regular Session - August 8. 1996 - page 3 and that if they did not follow the rules they were ejected from the business. She was concerned about several references to the Bible that were made as she thought we lived in a country which supported separation of church and state. Ms. Ryan stated that she feels this is totally aimed at her bar. She stated that fashion shows were held less than 16 hours out of 97 hours they were open each week. Ms. Ryan stated that they bought the building while it was in foreclosure and that this will most likely put them out of business. She stated that the City of Yorkville does not create a friendly place to do business and that if they close it will be one more empty store front in downtown Yorkville. Kenny Eberlin stated that she supports passage of the ordinance based upon the moral issue and that if Meetball's operations are as clean as they have indicated that this should not create a problem for them. She indicated that she feels the council must vote for the majority of the citizens of the town and that she is proud of a town who would vote for items such as this which will protect their children. Jeff Nichols stated that he supports the ordinance and that he hopes the council makes the right choice. Dave Palowski stated that he has mixed emotions on the issue. He did not know that there were fashion shows being held there but has now been there and felt that they were controlled by the people. He stated that if the ordinance is passed it will help protect against others who may not be as morally as good as Jodi and her husband in handling these types of entertainment. Due to this point, he supports passage of the ordinance. Finley Smith of Plano stated that the Bible also indicates several persons who drink and use alcohol. He stated that he likes the fashion shows and does not support passage of the ordinance. Wayne Durose stated that he works part time for Ed and Jodi and feels that nudity should be illegal. He agrees that some things are not right and should be condemned. But, as long as there is not nudity, he feels that people should be able to unwind in an establishment of your choice with the environment of your choice. He agrees that exposing yourself should not be tolerated and is not condoned by himself or Meetball's. He feels that his ordinance is targeted specifically at Meetball's. PUBLIC HEARINGS -- NONE PLAN COMMISSION / ZONING BOARD OF APPEALS PC 96-16 -- Fields of Farm Colony (Kendall Co) A motion was made by Alderman Jones and seconded by Alderman Sowinski to recommend approval of PC 96-16 the Fields of Farm Colony to the Kendall County Board along with the recommendations of our City Engineer. Alderman Spang stated that Inland has refused to comply with several issue of the City's Subdivision Control ordinance including the streets, curb / gutter, trail system and street lights. All requests have been rejected by the Developer. Alderman Spang is upset that they have refused to compromise on several issues and is asking the council members to reject this issue. Alderman Prochaska asked what will happen if this issue is denied. Attorney Kramer stated that it will go to the county for vote indicating that the City has voted not to recommend approval. Clerk Allison called the role: City Council Regular Session - August 8, 196 - page 4 Prochaska - nay Sowinski - aye Spang - nay Callmer - nay Lynch - nay Jones - aye Motion was denied 2-4. MINUTES APPROVAL A motion was made by Alderman Prochaska and seconded by Alderman Lynch to table the minutes to the 8/22/96 meeting. Motion carried. BILLS APPROVAL Alderman Prochaska stated that a memo is attached regarding a correction to the bill list. This does not effect any numbers. A motion was made by Alderman Prochaska and seconded by Alderman Lynch to approve and pay bills in the amount of $143,428.56 vendor, $55,545.60 in Payroll for a total of $198,974.16. Clerk Allison called the role: Callmer - aye Lynch - aye Jones - aye Prochaska - aye Sowinski - aye Spang - aye Motion carried. No Report ATTORNEY'S REPORT MAYOR'S REPORT Plan Commission Nomination Mayor Johnson informed the council that he is recommending the nomination of Jack Jones to the City's Planning Commission. A motion was made by Alderman Prochaska and seconded by Alderman Sowinski to concur with the Mayor's recommendation to nominate Jack Jones to the City of Yorkville Planning Commission. Clerk Allison called the role: Spang - aye Callmer - aye Lynch - aye Prochaska - aye Sowinski - aye Jones - abstain Motion carried. Ord 96-9 Liquor control Ordinance A motion was made by Alderman Callmer and seconded by Alderman Sowinski to approve an Ordinance Amending Ordinance No. 96-1 Amending Chapter 3 of the Yorkville Municipal Code, effective August 14, 1996. Clerk Allison called the role: Lynch - aye Jones - aye Prochaska - aye Sowinski - aye Spang - aye Callmer - aye Motion carried. No Report CITY CLERK'S REPORT CITY TREASURER'S REPORT No Report CITY ADMINISTRATOR REPORT Administrator Nanninga informed the council that the Elizabeth Street Storm Sewer project is again progressing well. The Riverfront Park project is also progressing with a big day planned this weekend with a lot of brick laying planned. The City continues to look for volunteers to help in many ways. Economic Development Commission Report The next meeting is Tuesday, August 13, 1996 at 7:00 p.m. in the Kendall County Board Room. School Community Report The regular school board meeting will be August 12, 1996 at 7:30 p.m. at the district offices. City Council Regular Session - August 8, 1996 - image 5 Alderman Jones reported on a joint meeting held with between members of the City of Yorkville and the City of Plano. The meeting created a lot of healthy discussion opening up the lines of communication. They have agreed to meet periodically with the next meeting planned for the end of September. Upon receipt of a written report, this will be discussed at a COW meeting. A Public Hearing is scheduled for August 12th to discuss the referendum issue. Old Business None New Business None COMMITTEE REPORTS PUBLIC WORKS COMMITTEE Water / Sewer Capital Improvement Program A motion was made by Alderman Lynch and seconded by Alderman Prochaska to approve the water / sewer capital improvement plan as submitted by the City Engineer. This is a seven year program which can be changed if necessary. Clerk Allison called the role: Jones - aye Prochaska - aye Spang - aye Callmer - aye Lynch - aye Sowinski - aye Motion carried. ECONOMIC DEVELOPMENT COMMITTEE Contract -- The Bistro Inc. Alderman Jones stated that the most revised version of the contract is dated August 8th. Alderman Spang stated that he has concerns about the non-compete clause and how other businesses would be charged rent. Alderman Prochaska stated that this agreement also includes the business owners to upgrade the city's building which will stay with the city. The building is empty now. Alderman Jones indicated that the estimated costs of improvement to the building is $4,000. Alderman Spang responded that his major concern is the length of the agreement and being locked into those terms. Alderman Callmer stated that the contract does allow for special events with other vendors. Mayor Johnson asked if it was clarified in the contract about the Com Ed Sub-station. Alderman Jones stated that it means the present location. Alderman Spang is enthused about the idea but does not feel the city should subsidize a new business which is how he interprets the rent charges. Alderman Spang requested that the council look at this again before taking approving this issue. A motion was made by Alderman Jones and seconded by Alderman Prochaska to authorize the mayor to enter into the commercial building lease with Mr. Coffey and Mr. Feather d/b/a The Bistro Inc. An amendment was made to the motion adding to page 12, the language, present location of Com Ed station or after the word structure. Clerk Allison called the role on the amended motion. Jones - aye Prochaska - aye Spang - nay Callmer - aye Lynch - aye Sowinski - nay Mayor Johnson voted aye to the motion. Motion carried. Clerk Allison called the role on the original motion. Sowinski - aye Lynch - aye Jones - aye Prochaska - aye Spang - nay Callmer - aye Motion carried. City Council Regular Session - August 8. 1996 - page 6 Ord 96-8 Recapture Agmnt / Kuczkowski A motion was made by Alderman Jones and seconded by Alderman Lynch to approve the ordinance approving the recapture agreement for Keith and Bonnie Kuczkowski. Clerk Allison called the role: Prochaska - aye Sowinski - aye Spang - aye Callmer - aye Lynch - aye Jones - aye Motion carried. PUBLIC SAFETY COMMITTEE Waive Carnival License / Yorkville Hometown Days A motion was made by Alderman Callmer and seconded by Alderman Lynch to move to suspend the fees for said carnival license fee for the Riverfront Festival. Alderman Spang stated that during the event last year a 13 year old girl was hurt while riding the tilt- a-whirl. He asked what procedures were being followed so that the carnival used at this year's event is safer and more professional that what was used at last year's event. Alderman Jones concurred with Alderman Spang that it is important for the carnival to be inspected and safe. Chief Graff responded stating that inspections are scheduled by the City just as they were last year. Insurance for the carnival is on record and references have been checked. He stated that the committee cannot predict accidents happening and that the committee hopes this carnival is more reliable. Personal references have been checked as well as other towns who have used the carnival. At this time the carnival is felt to be reputable. Alderman Sowinski asked if last year's accident had been thoroughly investigated. Chief Graff responded that the police department conducted an investigation as well as Hometown Days Committee members checked on things. A check was completed for use of alcohol or drugs. The ride was reopened after being inspected. Clerk Allison called the role: Callmer - aye Lynch - aye Jones - aye Prochaska - abstain Sowinski - aye Spang - abstain Mayor Johnson voted aye. Motion carried. A motion was made by Alderman Callmer and seconded by Alderman Sowinski to approve the April, May and June 1996 Police Department Reports. Motion carried. ADMINISTRATION COMMITTEE Contract / Sale of City Lots Alderman Prochaska stated that this is for the sale of Lots 1 & 3 on Route 47. A motion was made by Alderman Prochaska and seconded by Alderman Sowinski to authorize the mayor and city clerk to enter into contract for the sale of city lots with Lemar Realty, Century 21 to include the submitted listing of exclusions. A motion was made by Alderman Prochaska and seconded by Alderman Spang to amend the motion to include to place marketing period as August 9, 1996 to February 9, 1997. Clerk Allison called the role on the amended motion: Lynch - aye Jones - aye Prochaska - aye Sowinski - aye Spang - aye Callmer - aye Motion carried. City Council Regular Session - August 8. 1996 - page 7 Clerk Allison called the role on the original motion. Spang - aye Callmer - aye Lynch - aye Jones - aye Prochaska - aye Sowinski - aye Motion carried. ADDITIONAL BUSINESS Chief Graff wished to welcome back those officers who recently attended the Olympics. One of them is in attendance tonight. Alderman Callmer thanked the police force for filling in with no overtime during the two officers attendance at the Olympics. ADJOURNMENT A motion was made by Alderman Prochaska and seconded by Alderman Jones to adjourn the meeting at 8:40 p.m, Motiori carr - • . 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