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 '
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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:
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Jacq - ine 111i-•n - Cit. , Clerk