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City Council Minutes 1995 09-28-95 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, September 28 , 1995 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 Cailmer 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 asked those present to introduce themselves. AMENDMENTS TO THE AGENDA Mayor's report: Halloween Trick or Treat Hours will not be announced this evening. MEETING DATES The council reviewed the listing of meetings. Meetings will be held as follows: Public Works Committee -- October 2, 1995 at 6: 30 p.m. Administration Committee -- October 10, 1995 at 7:00 p.m. Economic Development Committee -- October 4, 1995 at 7:00 p.m. Public Safety Committee -- October 24 , 1995 at 6:30 p.m. All of the above meetings will be held in Suite 3, Conference Room, in the Kendall County Building. PUBLIC HEARING A motion was made by Alderman Prochaska and seconded by Alderman Baker to move into Public Hearing to discuss the proposed formation of a Special Service Area #1, for the Fox Industrial Park, Units 1, 2, 3, 4 and 5. Clerk Allison read the role: Spang - aye Callmer - aye Baker - aye Lynch - aye Jones - aye Prochaska - aye Stafford - aye Sowinski - aye Motion carried. Attorney Kramer indicated that nothing has changed from the first presentation of this issue. This is the second Public Hearing required for implementation of a Special Service Area. It was again noted that this is a one time event and that the Special Service Area can only be used for this one specified purpose. Attorney Kramer also indicated that the 60 days indicated at the August 24th meeting was incorrect. The actual 60 day period begins from tonight, the second public hearing. This 60 days refers to the time available for property owners in the Industrial Park to file any objections to the Special Service Area. If more than 51% of the property owners object, the Special Service Area will not go through. If less than the 51%, the ordinance will pass. Attorney Kramer also indicated that there are prepared written forms available in the city office for any objectors. City Council Minutes -- September 28 , 1995 -- page 2 Alderman Baker asked if any petitions filed prior to this evening's meeting remain in effect. Attorney Kramer responded they were. Bill Schmanski made a brief presentation of the proposed Special Service Area for the Fox Industrial Park. The Park has 42 acres and the cost of the project would be split evenly among the individual lots. This project would allow the reconstruction of all of the streets in the industrial park except Badger Street which was completed only three to four years previously. Mr. Schmanski indicated that the reconstruction would include the removal of all pavement and repair of the drainage system. This would include replacement of the street with 4" of stone and 8" of asphalt. Also, seven street lights would be installed. The estimated cost of the project would be $460,000 with the Special Service Area absorbing $195,000 to be recovered from 39 acres at $5,000 each. The three public service lots would not be involved in this special service area. It was also noted that this is a maximum amount each lot would pay. The city will pay the remaining $265,000. These funds would be paid by a portion of the City's MFT Funds over the next 10 years. This would be approximately 1/3 of the MFT Funds received by the City annually. Alderman Baker asked how the three lots owned by the fire department figure into the 51% of the property owners. Attorney Kramer indicated that these three lots are exempt and would be excluded from the 51% required to deny the Special Service Area. Property owner Rich Lucas asked if the Special Service Area is not passed will the city not place any entrance signs on the property as discussed. Mayor Johnson responded that the City will place signs at the entrance of the industrial park regardless of this issue. Property owner Tom Tanner asked how the lots are split for this issue. Attorney Kramer indicated that this issue refers to the tax parcel. If a business owner receives three tax bills then they will get three votes on the issue. Alderman Spang asked for a clarification on the street having 4" of stone and 8" of asphalt. It was noted that this is a standard street for industrial park traffic. Bill Schmanski stated that the stone is for drainage purposes and that the major difference being completed is the increased asphalt. Rich Lucas asked about the seven street lights. Bill Schmanski stated where they will be placed. Rich Lucas stated some lights are already located at those places. Are they to be replaced? Bill Schmanski responded that if all lights were not required this will reduce the cost of the project. Tom Tanner asked if any street work had been completed in the industrial park over the last 20 years. J.T. Johnson, City Superintendent of Public Works, indicated that tests have been completed on these streets as well as some small amount of maintenance including patches to the street. An overlay was never completed. Rich Lucas asked if the City assumes maintenance of streets after annexing property into the city limits, and if this were the case, shy was maintenance not completed. City Council Minutes -- September 28 , 1995 -- page 3 J.T. Johnson responded that it is up to each individual city council to decide which streets to repair each year. He indicated that previous city councils only used MFT funds to complete street repairs without using any of the city's corporate funds. Rich Lucas asked what type of road work was being completed. Bill Schmanski stated that the project would resemble that being completed on the Center Parkway at Countryside Center. Rich stated he did not feel the Center Pkwy was as bad as the industrial park. Question was raised concerning the costs as compared to Center Pkwy. It was noted that the City crews completed alot of the work at Center Pkwy making it cost effective for the city. This option will not be available on the Industrial Park because of the size of the project and the time limitations of the project. Alderman Prochaska reiterated that the original discussion with many of the property owners in the Industrial Park led to the entire project being completed all at once, not in sections. This of course could be an option if the Special Service Area is not passed. Tom Tanner asked about the overall fairness of this issue to the tax base. He indicated that the industrial park owners have paid their fair share over the years. Mayor Johnson responded that the idea was to complete the project all at once. There are other avenues that the city could follow if 51% of the property owners object to this issue. This is only a proposal at this point. Mayor Johnson stated that is this is not approved then the City will need to look at the industrial park as well as the other city streets to decide which streets get fixed each year. Alderman Stafford stated that if this were not to pass it could take the city up to five years to complete the entire industrial park. Bill Schmanski stated that the current street is only 3" of asphalt and the new street would be 8" . This in addition to the improved drainage will improve the longevity of the street. Bill indicated that the current street failed due to the lack of storm sewers. If these were in place then the street would not need to be replaced would only need to be resurfaced. The new street would be built under today's requirements for industrial park roads. A fabric would be layed down to help keep the stone above the mud. Alderman Callmer stated that the city is not trying to place any undue burden on the businesses but the city is trying to get the project completed right. Alderman Prochaska stated that the City Council must pass the ordinance and the property owners must vote to over-turn it. Mayor Johnson asked if there were any other comments regarding this issue. A motion was made by Alderman Callmer and seconded by Alderman Prochaska to move out of Public Hearing into regular council session. Clerk Allison called the role: Baker - aye Lynch - aye Jones - aye Prochaska - aye Stafford - aye Sowinski - aye Spang - aye Callmer - aye Motion carried. PLAN COMMISSION / ZONING BOARD OF APPEALS No Report City Council Minutes -- September 28 , 1995 -- page 4 Citizen Comments None MINUTES APPROVAL A motion was made by Alderman Lynch and seconded by Alderman Baker to approve the minutes dated September 14 , 1995. Alderman Lynch indicated that a correction is needed on a motion on page four where Alderman Prochaska both made and seconded the motion. Attorney Kramer indicated that the council can approve the minutes excluding the motion regarding the salt spreader. The second was withdrawn by Alderman Baker and the motion was withdrawn by Alderman Lynch. A motion was made by Alderman Callmer and seconded by Alderman Prochaska to accept minutes pending the correction of the Salt Spreader motion by Alderman Prochaska on page four. Motion carried. BILLS APPROVAL Alderman Prochaska indicated that a payment of $700 should be removed from the list as this is to be paid by the Recreation Board. A motion was made by Alderman Prochaska and seconded by Alderman Baker to accept the amended bill list with a vendor bills of $102,843 .82, a payroll of $48,965.60 and a total payment of $151,802.42 . Alderman Jones asked a question concerning the network at the police department. The computers are on-site but they have not yet been installed. Chief Graff indicated that this payment would not be made until installation is complete. Alderman Stafford raised a question on payment to A & R Materials for road shoulder stone. J.T. Johnson indicated that this payment is from earlier summer projects and not Center Pkwy. It was noted that another payment should be withheld from the bill list. This $2,064 should also be paid from the Rec Board. Alderman Baker withdrew the second and Alderman Prochaska withdrew the motion. A motion was made by Alderman Prochaska and seconded by Alderman Jones to accept the amended bill list including vendor bills of $100,783 .82, payroll of $48,965.60 and a total payment of $149,745.42. Clerk Allison called the role: Callmer - aye Lynch - aye Jones - aye Prochaska - aye Stafford - aye Sowinski - aye Spang - aye Baker - abstain Motion carried. ATTORNEY'S REPORT Attorney Kramer stated that he has distributed three ordinances. These are the Revised Special Service Ordinance, the proposed Plan Commission Agreement and the Comprehensive change in the Liquor Ordinance. The last two are distributed for the council to review. MAYOR'S REPORT Mayor Johnson thanked Cindy Davidson for her service on the Park Board over the past several years. Mayor Johnson proclaimed that October 1995 will be Crime Prevention Month for the City of Yorkville. A copy of the proclamation is attached. CITY CLERK'S REPORT No Report City Council Minutes -- Se to er 28, 1995 -- page 5 CITY TREASURER'S REPORT No Report CITY ADMINISTRATOR REPORT Administrator Nanninga reported on several projects including the F.E. Wheaton off-site sewer / water bids and the Center Parkway project. The east side coring is completed and the shopping center entrance is now open. Economic Development Commission Report The next meeting will be held on October 10, 1995 at 7:00 p.m. at the County Building. Kendall County Governmental League Report The next meeting will be held October 3 , 1995 at the County Building. School Community Report Alderman Spang stated that the meeting scheduled for October 10, 1995 has been canceled. The next meeting will be scheduled at a later date. It was also reported that several grants were acquired by the school district one of which concerned the Drug Free Learning Community. Alderman Spang indicated that Dr. Sloan of the school district will discuss these with the council if needed. Also the school's budget was passed at this last meeting. Old Business No Report New Business No Report COMMITTEE REPORTS PUBLIC WORKS COMMITTEE J. Lynch Sidewalk Replacement A motion was made by Alderman Stafford and seconded by Alderman Prochaska to approve payment of the City's portion for the Jerry Lynch sidewalk at a cost not to exceed $252. Clerk Allison called the role: Lynch - abstain Stafford - aye Jones - aye Prochaska - aye Spang - aye Calimer - aye Baker - aye Sowinski - aye Motion carried. Special Service Area / Fox Indust. Park Ord. 95- a4 A motion was made by Alderman Stafford and seconded by Alderman Prochaska to approve the Ordinance for a Special Service Area in the Fox Industrial Park. Clerk Allison called the role: Sowinski - aye Baker - nay Lynch - aye Jones - aye Stafford - aye Prochaska - aye Spang - nay Callmer - aye Motion carried 6-2. ECONOMIC DEVELOPMENT COMMITTEE Proposed Bristol Incorporation A motion was made by Alderman Baker and seconded by Alderman Prochaska to move to approve the City of Yorkville issuing a Letter of Consent to permit the Bristol Incorporation group to seek referendum approval for Incorporation of a Village or City. Cit Council Minutes -- Se• ember 28 , 1995 - pane 6 Alderman Baker stated that as Chairman of the Economic Development Committee he cannot recommend this to the city due to the impact he feels it could make on the City of Yorkville. Alderman Jones stated that she visited with several residents in her Ward and read a statement she had prepared regarding this issue. Her statement centered around concern for the Bristol Grade School, water as well as fire hydrants for the school . Another area of concern was regarding forced annexation into the proposed City of Bristol. She feels that a detailed thought-out plan should be presented to the City if further review of this matter should occur. Alderman Prochaska concurred with concerns previously mentioned. While he did feel that the City should be ready to work with the residents of Bristol in the future so that some sort of agreement could be made. Mayor Johnson also concurred with the commitment to keep open the lines of communication with the residents of Bristol so that a plan can be developed together. Alderman Callmer empathized with the residents wish to control their destiny but indicated that as a council, they work for the residents of Yorkville and feels that the council should remain within the Comprehensive Plan. The City has indicated industrial zoning for an area near Bristol. This is needed for tax relief to the current residents of the city. Mr. Callmer indicated that he feels this is a conflict. He also agrees that there should be no forced annexation or forced sewer and water. Attorney Kramer explained that this motion is being made in the positive so that voting agreement would allow the city to issue a letter of consent. Alderman Callmer asked if this issue was denied if they Bristol residents can develop a new plan and again approach the city. It was noted that they could. Mayor Johnson asked for a vote on this issue. Clerk Allison called the role: Spang - present Callmer - nay Baker - nay Lynch - nay Jones - nay Prochaska - nay Stafford - nay Sowinski - nay Motion was denied by 7 nay votes and one present. Mayor Johnson stated that since this motion was defeated he again wanted to assure the Bristol residents that the City would be willing to communicate to them regarding this issue. Dave Palowski addressed the council stated that he was extremely disappointed by the vote since approval was received from two other cities. He realizes this will effect Yorkville the greatest and appreciates the city's desire to keep the communication lines open. He stated that he has visited with the Mayor and they will go back to the drawing board. He stated that the Bristol residents want to retain their identity and are not in any way trying to stop Yorkville's growth. He stated that he will continue to work on this issue along with the City and the Bristol residents. William Mikus addressed the council stating that he did not agree with the validity of the industrial area and the quality of life as mentioned in the paper. Alderman Prochaska stated that the paper had misinterpreted his comments and that his largest concern on this issue is the schools. t ,r ' s City Council Minutes -- September 28, 1995 -- page 7 F.E. Wheaton Access to Route 47 Res. 95 - A motion was made by Alderman Baker and seconded by Alderman Jones to authorize City Administrator Nanninga to execute the permit for application for access to Route 47 for Wheaton Drive. Clerk Allison called the role: Baker - aye Lynch - aye Jones - aye Prochaska - aye Stafford - aye Sowinski - aye Spang - aye Callmer - aye Motion carried. PUBLIC SAFETY COMMITTEE -- No Report ADMINISTRATION COMMITTEE -- No Report ADDITIONAL BUSINESS -- None (Those attending the Illinois Municipal League Conference this weekend are asked to speak to Mayor Johnson following tonight's meeting. ) ADJOURNMENT A motion was made by Alderman Prochaska and seconded by Alderman Baker to adjourn the meeting at 8:08 p.m. Motion c, ried. By: 411' '►__ , I / Y� Jacq - ine 111i-•n - Cit. , Clerk