City Council Minutes 1995 08-10-95 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED
CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS HELD AT
KENDALL COUNTY BOARD ROOM, ON August 10, 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 roll: ROLL CALL
Ward 1 - Callmer Present
Spang Present
Ward 2 - Baker Present
Lynch Present
Ward 3 - Prochaska Present
Jones Present
Ward 4 - Stafford Absent
Sowin ski Present
A quorum was established. QUORUM
INTRODUCTION OF GUESTS
Mayor Johnson welcomed those present and asked them to introduce themselves.
MEETING DATES
The meeting dates were reviewed as listed on the meeting agenda.
Amendments to the Agenda
Under Economic Development -- Item #3 and #5 will be discussed as one.
PUBLIC HEARINGS
A motion was made by Alderman Baker to move into Public Hearing. Seconded by Alderman
Prochaska. Clerk Allison called the role:
Jones - aye Prochaska - aye
Baker - aye Lynch - aye
Spang - aye Callmer - aye
Motion carried.
Alderman Baker stated that the first item for Public Hearing is on amending Title 10 of the
Yorkville City Code defining stadium zoning and allowing it only as a Special Use in B-3
Business Zoning Districts.
Alderman Baker briefly described what the new zoning would mean for the City. He indicated
that this would move stadium zoning into a special use status so that the City would have better
control on where these facilities could be located and how they would be handled.
Mayor Johnson asked for any public comment. There was no public comment made.
Treasurer Scheffrahn asked how this effected existing facilities including the school. Attorney
Kramer stated that any existing facilities would be exempt. This would not effect schools of any
kind since they are ruled by their own regulations.
Alderman Prochaska stated that this has been discussed and acted upon due to past experience
of the city where incoming developers could have built a stadium and the city would have no
control over the zoning issue.
City Council Minutes - August 10, 1995 - page 2
Alderman Baker stated that the second item for Public Hearing is on amending Title 10 of the
Yorkville City Code to make Day Care Centers a Special Use under certain zoning
classifications and that Day Care Centers be available under R-1, R-2 Residential zoning, Office
zoning and B-3 Business zoning and not available under any other zoning districts.
Alderman Baker explained that this was being placed into the zoning rules so that Day Care
Centers would be allowed under several zoning types but would be a special use so that the City
can be sure they are following the appropriate steps.
Mayor Johnson asked for any public comment on this issue. There being none, Alderman Baker
made a motion to move out of Public Hearing. Alderman Jones seconded the motion. Clerk
Allison called the role:
Prochaska - aye Callmer - aye
Baker - aye Jones - aye
Spang - aye Lynch - aye
Motion carried.
OFFICIAL OATH - ALDERMAN SOWINSKI
Mayor Johnson welcomed Mr. Sowinski and executed the Official Oath to swear him into office
as Alderman - Ward IV of the City of Yorkville.
PLAN COMMISSION / ZBA
Alderman Baker updated the council on what occurred at the Plan Commission meeting. The
Plan Commission discussed the next POD of the Fox Hill Subdivision located at Eldamain Road
an route 34. They voted to approve the final plat pending two conditions. These will be
followed up by the appropriate personnel. The final plat landscape will be reviewed at the next
Plan Commission meeting. (The Second Wednesday of the month).
CITIZEN COMMENTS
NONE
MINUTES APPROVAL
A correction is needed on the minutes in two places on page 4 and page 6. This refers to West
Main and should refer to South Main street for the resurfacing. A motion was made by
Alderman Baker and seconded by Alderman Prochaska to approve the July 27, 1995 minutes as
corrected.
BILLS APPROVAL
A motion was made by Alderman Prochaska and seconded by Alderman Baker to approve and
pay bills in the among of $60,135.60 (vendor) and a total of $113,814.23 (with payroll). A
question was asked concerning the Spang sidewalk replacement amount listed. This will be paid
directly to the contractor. Clerk Allison called the role:
Callmer - aye Baker - aye
Jones - aye Prochaska - aye
Spang - present Lynch - aye
Sowinski - aye
Motion carried.
ATTORNEY'S REPORT
Attorney Kramer stated that a copy of the order dismissing the Suptka case (Dean Fisher /
Carstar) has been received. This should now be final.
City Council Minutes - August 10, 1995 - page 3
Also, Attorney Kramer stated he has met with Alderman Callmer and Mayor Johnson regarding
a revised liquor ordinance. This will be discussed at the August 22nd Public Safety meeting as
well as at Committee of a Whole on September 7th. Vote is expected to be held in September.
Attorney Kramer indicated he has reviewed the Grant of Utility Easements as received on the
Holdiman / Walker property. This is acceptable to the city.
EASEMENTS / HOLDIMAN & WALKER PROPERTY
A motion was made by Alderman Baker and seconded by Alderman Prochaska to authorize the
mayor and city clerk to execute the Grant of Easements on the Holdiman / Walker property.
Clerk Allison called the role:
Jones - aye Prochaska - aye
Sowinski - aye Callmer - aye
Spang - aye Lynch - aye
Baker - aye
Motion carried.
Attorney Kramer also informed the council that City Building Inspector Bill Dettmer is following
up on the nuisances and incomplete building permit residents. A status hearing is scheduled for
tomorrow on Tom Tanner. This will be continued for 30 days due to the work they are in the
process of completing. Follow up will be completed on all letters filed.
MAYORS REPORT
Mayor Johnson requested appointment to the Plan Commission of John Barber and Dale
Hornyan Toftoy. A motion was made by Baker and seconded by Alderman Jones to confirm
the appointments of John Barber and Dale Hornyan Toftoy to the City of Yorkville Plan
Commission. Clerk Allison called the role:
Spang - aye Callmer - aye
Baker - aye Lynch - aye
Jones - aye Sowinski - aye
Prochaska - aye
Motion carried.
Alderman Baker agreed that both parties will do excellent work for the city in this capacity.
CITY CLERK REPORT -- no report
CITY TREASURER REPORT -- no report
CITY ADMINISTRATOR REPORT
Administrator Nanninga stated that the Hydraulic water main project will be completed in
approximately two weeks. Also, the Center Parkway street improvement is in process. Mr.
Nanninga stated that there has been excellent cooperation between the city, the county and the
township on this project.
Administrator Nanninga also stated that the new billing report presented by Bill Dettmer will
replace the building report previously submitted to the council. This will save steps for the city
employees in duplicating information reported.
City Council Minutes - August 10, 1995 - page 4
Also, notices regarding the weed ordinance have been streamlined for sending out to residents.
It was also noted tat budget reports are now current through June 30, 1995. These are being
distributed and will be reviewed at the next Administration meeting.
ECONOMIC DEVELOPMENT COMMISSION REPORT
Mayor Johnson reported that the Accurate Enterprise loan application was pre-approved at
Tuesday's meeting. This is a business moving into the Open Door facility in the industrial park.
This should be submitted to the full board for approval.
KENDALL COUNTY GOVERNMENTAL LEAGUE REPORT -- no report
SCHOOL COMMUNITY REPORT -- The next meeting is scheduled for August 14, 1995 at
7:30 p.m. in the Administration Offices. At this meeting the vote for the referendum issue will
be finalized.
OLD BUSINESS -- NONE
NEW BUSINESS -- NONE
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE
Aurora Blacktop Bid- Center Parkway
A motion was made by Alderman Prochaska and seconded by Alderman Baker to accept the
contract on the Center Parkway Improvements Bid Award to Aurora Blacktop in the amount of
$125,627.56. Clerk Allison called the role:
Baker - aye Prochaska - aye
Callmer - aye Jones - aye
Sowinski - aye Spang - aye
Lynch - aye
Motion carried.
An Ordinance Prohibiting Parking on the East side of Rt 47 and Approving_
Subordination Agreement with the Illinois Dept of Transportion - 95 -#21 and Res 29
A motion was made by Alderman Prochaska and seconded by Alderman Lynch to authorize the
Mayor and City Clerk to execute the Fox Street Encroachment and Parking Ordinance. Clerk
Allison called the role:
Jones - aye Prochaska - aye
Baker - aye Sowinski - aye
Lynch - aye Spang - aye
Callmer - aye
Motion carried. n G
- 1
No I ccesssement
A motion was made by Alderman Prochaska and seconded by Alderman Lynch to vacate the No
Access Easement on Center Parkway, restricted to the Ratos and Bank of Yorkville properties.
The second was withdrawn by Alderman Lynch. The motion was withdrawn by Alderman
Lynch.
City Council Minutes - August 10, 1995 - page 5
A motion was made by Alderman Prochaska and seconded by Alderman Lynch to vacate the No
Access Easement on the Ratos property and the Bank of Yorkville Property in the Countryside
Center Subdivision. Clerk Allison called the role:
Prochaska - aye Callmer - aye
Baker - aye Jones - aye
Spang - nay Lynch - aye
Sowinski - aye
Motion carried.
Sidewalk Replacement 104 W Somonauk
A motion was made by Alderman Prochaska and seconded by Alderman Lynch to authorize the
50 - 50 sidewalk replacement for Gartner at 104 W Somonauk in an amount not to exceed $350.
It was noted that this connects the school on the southside and this is why this issue was not
discussed at the COW meeting due to the need to have it installed prior to the beginning of the
school year.
Clerk Allison called the role:
Baker - aye Jones - aye
Spang - aye Lynch - aye
Sowinski - aye Prochaska - aye
Callmer - aye
ECONOMIC DEVELOPMENT COMMITTEE
ORD 95 - 19 Amendment of Title 10 Special Use B-3
Business Zoning for Stadium Use
A motion was made by Alderman Baker and seconded by Alderman Spang to approve amending
Title 10 of the Yorkville City Code defining stadium zoning and allowing it only as a Special
Use in B-3 Business Zoning Districts. Clerk Allison called the role:
Baker - aye Jones - aye
Spang - aye Lynch - aye
Sowinski - aye Prochaska - aye
Callmer - aye
Motion carried.
ORD 95 - 20 Amendment Title 10 Special Use - Day Care Centers
A motion was made by Alderman Baker and seconded by Alderman Spang to approve amending
Title 10 of the Yorkville City Code to make Day Care Centers a Special Use under certain
zoning classifications and that Day Care Centers be available under R-1, R-2 Residential zoning,
Office zoning and B-3 Business zoning and not available under any other zoning districts. Clerk
Allison called the role:
Spang - aye Lynch - aye
Sowinski - aye Prochaska - aye
Callmer - aye Baker - aye
Jones - aye
Motion carried.
City Council Minutes - August 10, 1995 - page 6
Riverwalk Contract
Alderman Baker informed the council that a preliminary plan is being developed for the bike
trails between Oswego and Silver Springs State Park. Grants will be pursued for this project.
A steering committee will be developed. Alderman Callmer asked if this issue was placed out
for bid. It was noted that this person has experience in this area. Alderman Spang asked if this
would be paid from the Economic Development budget. It was noted it would. It was also
asked why Lannert will not complete this plan. Administrator Nanninga responded that price
was a factor and that the Lannert Group would be consulted on the plan.
A motion was made by Alderman Baker and seconded by Alderman Jones to authorize the
Mayor and City Clerk to execute a contract to Castleton Design for a riverfront preliminary plan
not to exceed $2,000. Clerk Allison called the role:
Baker - aye Jones - aye
Spang - aye Lynch - aye
Sowinski - aye Prochaska - aye
Callmer - aye
Motion carried.
Zoning Map on CAD Base
A motion was made by Alderman Baker and seconded by Alderman Sowinski to authorize Pavia-
Marting to prepare a zoning map on CAD base at a cost not to exceed $3,000. Clerk Allison
called the role:
Jones - aye Prochaska - aye
Baker - aye Sowinski - aye
Lynch - aye Spang - aye
Callmer - aye
Motion carried.
Alderman Baker stated that a change in the Plan Commission makeup of the Committee is being
discussed to read may have three reps out of the City of Yorkville versus shall have. This will
be discussed at the next Committee of a Whole meeting.
PUBLIC SAFETY COMMITTEE
Crossing Guard Pay
A motion was made by Alderman Callmer and seconded by Alderman Baker to authorize the
crossing guard payment per day be increased from $21 to $35 per day. It was noted that this
is being completed due to the split shift schedule. Clerk Allison called the role:
Sowinski - aye Lynch - aye
Spang - aye Callmer - aye
Jones - aye Prochaska - aye
Baker - aye
Motion carried.
City Council Minutes - August 10, 1995 - page 7
Software Purchase
Alderman Calimer indicated that Attorney Kramer has recommended this item be moved for
further discussion to COW meeting. Chief Graff stated that he feels a decision needs to be made
because the police department are in great need of the software.
A motion was made by Alderman Calimer and seconded by Alderman Baker to authorize the
purchase of a computer network and equipment from Software Performance Specialists Inc. for
the quoted price of $7,540.50.
Several concerns were discussed regarding the software purchase including if this was the low
bid with the labor cost of installing the product into the system at the POD. Chief Graff
indicated that the hardware specs are similar and that the labor he feels will be less than three
hours to install. There is $11,000 budgeted for the project. A letter has been received from
another vendor regarding the costs of the items as well as labor costs.
It was noted that the hardware costs and types are comparable. The difference could be
considered minimal since the installation time would be less than three hours. Also asked if the
City was happy with the current hardware and software that has been installed at the City office
since this Software Performance Specialists installed it.
Also discussed was the issue of the location of the vendors. Chief Graff indicated that most
product is shipped UPS. Manpower would be sent then to install the parts after they are
received at the City. SSES is located outside Kendall County. The other vendor is located in
Kendall county.
It was also asked why this was not placed for bid. It was noted that due to the cost it would not
have to be placed out for bid.
Alderman Baker withdrew the second to the motion. Alderman Callmer withdrew the motion.
This will be placed on the agenda for the next Committee of a Whole meeting for further
discussion. A special council meeting will be called so that action may be taken on this item.
(** The council agreed they will not be paid for this special meeting.)
Hiring of Part Time Police Clerk
A motion was made by Alderman Callmer and seconded by Alderman Baker to approve the
hiring of Judy Johnson as a part time police clerk at a pay rate of $8.00 per hour. ** It was
noted that all required doctors releases from Ms. Johnson's accident have been received. **
Clerk Allison called the role:
Jones - aye Prochaska - aye
Sowinski - aye Callmer - aye
Spang - aye Lynch - aye
Baker - aye
Motion carried.
ADMINISTRATION COMMITTEE
City Engineer / Engineer Technician positions
A motion was made by Alderman Prochaska and seconded by Alderman Baker to authorize the
creation of a City Engineer and Engineering Technician position to the City of Yorkville and
Administrator Nanninga will create the appropriate job descriptions. Clerk Allison called the
role:
Prochaska - aye Callmer - aye
Baker - aye Jones - aye
Spang - aye Lynch - aye
Sowinski - aye
Motion carried.
City Council Minutes - August 10, 1995 - page 8
Revised Recapture Fees - Resolution #95 - 28
A motion was made by Alderman Prochaska and seconded by Alderman Baker to approve the
resolution amending Resolution 95-12 and Resolution 95-13 to provide for a change in the
recapture payments methods regarding the North and South Water and Sewers. Clerk Allison
called the role:
Callmer - aye Baker - aye
Sowinski - aye Jones - aye
Prochaska - aye Spang - aye
Lynch - aye
Motion carried.
ADDITIONAL BUSINESS
EXECUTIVE SESSION
A motion was made by Alderman Baker and seconded by Alderman Prochaska to move into
executive session at 8:03 p.m. for discussion on on-going litigation with attendance of Chief
Graff, Administrator Nanninga, City Attorney Kramer, City Treasurer and City Clerk. Clerk
Allison called the role:
Spang - aye Callmer - aye
Baker - aye Lynch - aye
Sowinski - aye Jones - aye
Prochaska - aye
Motion carried.
A five-minutes recess will be taken.
A motion was made by Alderman Prochaska and seconded by Alderman Baker to move out of
executive session back to regular council session at 8:33 p.m. Clerk Allison called the role:
Jones - aye Prochaska - aye
Baker - aye Sowinski - aye
Lynch - aye Spang - aye
Callmer - aye
Motion carried.
Mayor Johnson stated that there was no action taken while in executive session.
ADJOURNMENT
A motion was made by Alderman Spang and seconded by Alderman Baker to adjourn the
meeting at 8:34 p.m. Motion carried.
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Jaciime Allison
Cit lerk
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