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City Council Minutes 2003 10-28-03 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, HELD IN THE BEECHER COMMUNITY BUILDING, AUSTIN ROOM, 908 GAME FARM ROAD. ON TUESDAY, OCTOBER 28.2003. Mayor Prochaska called the meeting to order at 7:02 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Absent Sticka Present Ward II Burd Present Kot Present (left at 7:30 and returned at 8:20) Ward III Munns Absent Ohare Present (arrived at 8:15) Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, City Administrator Graff, City Attorney Kelly Kramer, Police Chief Martin, Director of Public Works Dhuse, Finance Director Traci Pleckham, Director of Planning and Zoning for ICCI Anna Kurtzman and Executive Director of Parks & Recreation Brown. OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska welcomed guests and asked those present to enter their name on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Prochaska amended the agenda by moving the presentations to the beginning of the meeting before the Public Hearings. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M., Monday, November 24, 2003 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Thursday, November 20, 2003 City of Yorkville Conference Room 800 Game Farm Road Cancelled Administration Committee 7:00 P.M., Thursday, November 13, 2003 City of Yorkville Conference Room 800 Game Farm Road Cancelled Public Safety Committee 6:30 P.M., Thursday, November 20, 2003 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee To be announced - - City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Tourism Committee To be announced City of Yorkville Conference Room 800 Game Farm Road PRESENTATIONS Illinois Law Enforcement Training & Standards Board Certificates for Sarah Cernekee & Robbie Hart Mayor Prochaska and Chief Martin presented Police Officers Sarah Cernekee and Robbie Hart with plaques that recognized their completion of the Illinois Law Enforcement Training & Standards Boards making them official officers with the Yorkville Police Department. He welcomed both officers to the City. The Minutes of the Regular Meeting of the Citv Council — October 28, 2003 - Page 2 Commendations for Lisa Schillinger, Brenda Ross and Lorrie Bahr Mayor Prochaska presented Citizen Police Academy Alumni Lisa Schillinger, Brenda Ross and Lori Bahr with certificates of commendation for their role in apprehending a suspect. While they were participating in the Night Owl Patrol Program they observed an offender stealing from vending machines and due to their efforts the offender was apprehended. The Mayor thanked them for their time and dedication to this volunteer program. Recognition for Bill Holman Mayor Prochaska presented retiring Police Officer Bill Holman with a certificate of appreciation and a plaque for his 8 '/z years as a part-time police officer and for his work with seniors in the Yorkville area. States Attorney Tim McCann presented Officer Holman with a plaque recognizing the work he has done with senior citizens in Kendall County. Officer Holman thanked everyone. PUBLIC HEARINGS Lay Com, Inc. Bristol Club Mayor Prochaska entertained a motion to go into public hearing for Lay -Com, Inc., request for Amendment to the Annexation and Planned Unit Development Agreement for the Bristol Club modifying the R -1 Zoning to provide for a minimum lot size of 130,000 square feet. So moved by Alderman Besco; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes -6 Nays -0 Besco -aye, Burd -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye Please see attached Report of Proceedings taken before Nicola Gengler, C.S.R. from Depo Court Reporting Service for the transcription of the public hearing. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderwoman Spears; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -6 Nays -0 Burd -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye, Besco -aye Architectural Overlay District Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing the proposed Architectural Overlay District. So moved by Alderman Besco; seconded by Alderwoman Burd. Motion approved by a roll call vote. Ayes -6 Nays -0 Besco -aye, Burd -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye Mayor Prochaska explained that the hearing was for an ordinance that was created in order to preserve the ambiance of the older part of town as the area's zoning changes from residential to business. The purpose for this is to try to protect the area from homes being torn down and replaced with strip malls. City Attorney Kelly Kramer explained that in order to properly create a new zoning district such as this all landowners who either own property or reside in the area were notified of the pending change. Also a copy of the ordinance is on file at the City and is available for viewing. The purpose of the hearing is to gather input from citizens. After the public hearing is closed, the City Council can proceed to vote on implementing the ordinance or modify it per citizen input. Mayor Prochaska noted that the ordinance was not on the agenda for a vote at this meeting. Anna Kurtzman, Director of Planning and Zoning for ICCI (the company employed by the City to address building and zoning issues) explained that an overlay district keeps existing zoning in place however it applies special standards to the property in the area. The overlay area is either side of Route 47 from Walnut Street to School House Road (Route 126) with the exception of the downtown area. It also includes the areas surrounding the Kendall County Historic Courthouse _ and Town Square Park. The property in these areas could be rezoned for retail or office use and the standards would help maintain the residential appearance of the area. Some of the standards are parking in the rear of the building, landscape buffering and less intrusive lighting in an effort to minimize the impact on homes near these buildings. Tear -downs are also being discouraged in this area. Applications for changes would be reviewed by the Fagade Committee and decisions can be appealed through the Zoning Board of Appeals and voted on by the City Council. Attorney Kramer clarified that the ordinance does not apply to a building unless it is being rezoned. It does not apply to single - family residences that remain in use as a home. i I The Minutes of the Regular Meeting of the Citv Council - October 28. 2003 - aaee 3 i Mayor Prochaska explained that the ordinance is still in the development process and that is why the public hearing is being held. He noted changes in the ordinance such as item A. on page one of the draft and a revision to the wording under Section II, Applicability. Mayor Prochaska opened the floor to public comments. Mike McCurdy, 320 E. Washington Street, asked if the ordinance could read at the meeting. Mayor Prochaska noted the ordinance was approximately twelve pages long and has been available for public viewing at City Hall. Mr. McCurdy stated that the ordinance did not affect his property however it upset him. He stated that he asked to have the ordinances read because he felt that the Council's unwillingness to read it showed that it feels it is too cumbersome. He stated that people should not be told what they can and cannot do with their property. He stated that it would be fine for the City to strongly encourage those along Route 47 to maintain a certain look and leave it that way. He suggested this be done through the Chamber of Commerce and the Yorkville Economic Development Corporation. Jim Olson, 107 W. Madison Street, expressed the following concerns and/or comments about the ordinance: • The ordinance states that significant external modifications are those altering 25% of the exterior of the building but it does not include siding or paint. Siding or painting a building usually changes more than 25% of a building. • He was against this type of ordinance because it was "too much government ", this ordinance in particular because it is not finished and has "an identity crisis" and he was against it because it applied to him and his business -zoned property. • He was concerned that the way the ordinance was written he would be unable to rebuild if his building was destroyed by fire. • He had concerns about the parking requirements and landscape buffering. He stated that it could be difficult to apply these considering the lot sizes on Route 47. • He asked if any consideration was given to the cost to the landowner's for improving their property or how this will affect the future sale of their property. Mayor Prochaska stated that this was not thought of at this point in time. Attorney Kramer pointed out that the reason for the public hearing at the beginning of the development of the ordinance is for the City Council to receive and digest public input. Mayor Prochaska explained that more clarification was needed and he hoped that community input would determine the clarifications. Verne Henne, 10395 Route 34, had the following comments regarding the ordinance: • Citizens don't understand it. Mayor Prochaska reiterated that the landowners were notified of this public hearing to inform them of it and to collect input. • He asked who decided to create the district. Attorney Kramer stated that the ordinance was created because of development along Route 47. • Current codes address many in Yorkville however this ordinance only applies to a few. • He asked for permission for a moving sign such as the one by Kentucky Fried Chicken and was told that these were not allowed anymore however he then noticed that the School District has a similar sign by the High School. Mrs. Kurtzman explained that school districts are exempt from local ordinances by state law. • He felt that the overlay should include Route 47 all the way to Menard's. • He asked how many houses along Route 47 are slated for removal when the road is widened. Administrator Graff stated five houses are to be removed. • He complimented the City's efforts with the downtown businesses. He stated that this has been done with the tools the City has. Jeff Spang, 907 S. Main Street, stated that he falls into a unique position because he has already rezoned a property from residential to business on Route 47. He stated that he looked at this ordinance as to what he could or could not have done if this ordinance had been in placed when he did this. Also, he is looking at developing another piece of property that this would apply to his other concerns and/or comments were: • He did not feel that property already zoned as business should be included in the overlay. They are not residential because they are already zoned business and they are already covered under the zoning ordinance and the sign ordinance. • He was concerned with the height requirement and how it would affect a building if it was destroyed by fire. Attorney Kramer stated that if a building taller than the required height was destroyed, it probably wouldn't be able to rebuild at the same height. • He noted that he is trying to preserve the old jail building and this ordinance would prevent it from being restored if something happed to it. Attorney Kramer noted that I The Minutes of the Regular Meeting of the Citv Council — October 28. 2003 - Daze 4 I • there is an appeal process built into the ordinance for people to seek variances to the ordinance. • He had issues with the front entry of buildings facing a primary street because some entries of existing buildings do not necessarily face the primary street. • He commented on the parking requirements, landscape buffers, lighting fixtures and the styles of signs. • He agreed with Mr. Olson that the ordinance has an identity crisis because it mentions requirement already covered by existing ordinances. • He commented that he personally liked maintaining the residential character and he would support something that did that however this particular ordinance is so onerous that is not workable. He stated that if there is a way to maintain the residential ambiance without it being burdensome he would support it. • As not only an owner of a building zoned business on Route 47 but also as a resident adjoining the district, he would to see a residential flavor maintained. He feels that the ordinance should not prevent business from developing but it should develop in a low - impact manner. Jerry Groner, 117 W. Van Emmon, asked how many of the affected owners asked for this ordinance and how the Council knows that this is the right thing to do. He felt that this was being rammed down the property owner's throats. Mayor Prochaska reiterated that this was not being rammed down anyone's throat because the affected property owners were invited to the public hearing for their input. He stated that he had faith that the Council would make a decision based on the comments heard tonight. Kim Peterson, P.O. Box 234, Yorkville, stated that there aren't many single- family homes between Route 34 and Ridge. The properties are either commercial or rental properties. He stated that he wasn't sure why the City was trying to keep a residential environment along one of the busiest two -lane highways in the state. He asked if the City would rather have an old residential building moderately converted or updated buildings that encourage business. He was concerned that the ordinance was not doing anything to help the people who own the buildings in this area. Mr. Peterson asked if there is anything that has already been done along Route 47 that bothers the City. Mayor Prochaska explained that there have been issues brought before the Council that have bothered neighbors. He noted two properties that asked for rezoning that residents objected to. Bruce Steinke, 101 Somonauk, stated that he owned property on Route 47 and is in the process of converting a single- family residence into a business. He asked that the City Council take into account the economical growth of the area and the best use for the properties along Route 47. He also commented on the signs permitted in the ordinance. He stated that some of the business owners are involved in franchises and have commitments to those companies. The ordinance as written prohibits him from using the sign from his franchise. Mr. Steinke noted that the Happy Hounds business on Route 47 and the yellow building to the north should be used as models because their appearance is an asset to the area. Dick Randall, 501 S. Main Street, asked for clarification that this ordinance would not affect his residential building if he wanted to add a room addition. Mayor Prochaska clarified that as long as a building is used as a residence the ordinance does not apply. He also noted that if he was to sell his home to someone wanting to use it as a business the ordinance was restrictive. Mr. Randall asked if the ordinance is modified, would there be another public hearing and Mayor Prochaska stated that there would be another public hearing. Kim Xoxakos, 505 S. Main, asked if those rezoning from residential to business are required to have a public hearing. Attorney Kramer explained the rezoning process. Ms. Xoxakos also commented that the color requirements of the ordinance are boring. She also noted that the actual - downtown district was not included in the overlay and Mayor Prochaska explained that those buildings already fall under the Fagade Program which dictates a turn-of -the- century look. John Schick asked if there could be an amendment made to the existing business zoning to accomplish the same thing without the overlay. Mayor Prochaska explained that adding to existing zoning is difficult because it applies to the entire City. Mr. Schick asked who developed the overlay idea. Mayor Prochaska explained he had a discussion with individuals from various communities about how to maintain a downtown look. This was a suggestion that came out of the discussion so he asked the Building Department to investigate and develop a proposal. Alderwoman Spears stated that the business owners have many concerns and she asked how they could direct those to the Council so they could be put into the ordinance. She stated that she didn't want to vote on something that could hurt existing or future businesses. Mayor Prochaska i The Minutes of the Reeular Meetine of the Citv Council — October 28. 2003 - Mee 5 suggested that concerns be addressed to either him or the aldermen. She stated that bad legislation should die and her impression from this hearing is that this is bad legislation. Alderwoman Burd stated that she felt badly because the ordinance went in a direction that it was never intended to go. She explained that she saw houses in a residential area being rezoned into businesses. She felt that once rezoning was granted they could put in anything that was allowable under that commercial use zoning. She thought the ordinance would only address the change from residential to business and would have guidelines for low- impact businesses so that they didn't impact the residential properties around them. She envisioned an ordinance that would help the City Council maintain a certain flavor and would provide continuity. The first draft of the ordinance did not address this but rather addressed new construction. Members of the Council indicated that this was not the direction they wanted it to go and changes were made however the public hearing was already scheduled. She also noted that the City Council was not trying to push this through or overreaching their bounds with this document. Mayor Prochaska questioned the interest in the overlay and noted that if it is not implemented as properties change zoning they will take on all that is allowed in the zoning. He stated that the City is looking at expanding the Fagade Program however funds are limited. This program could be applied instead of the overlay but it would not guarantee the look of the area. He also suggested that the City could look at another business class zone. Alderman Sticka stated that he agreed with Alderwoman Burd. The goal of the City was not to hurt but rather to preserve and protect the area and he felt that this still should be the goal of the City. He reiterated that if the buildings remain residential, the owners are free to do whatever they want. There were no further comments. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Sticka; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -6 Nays -0 Burd -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka -aye, Besco -aye CITIZEN COMMENTS Jeff Spang thanked Alderman Sticka for the rapid response to his inquiry regarding a sidewalk. CONSENT AGENDA 1. Pollution Control Ordinance — Attorney John Watson's Legal Fee Schedule — approve in an amount not to exceed $2,500.00 for the ordinance and $1,200.00 per public hearing 2. NIU Downtown Study — accept with the removal of the Exterior Building Conditions Map page from document 3. Ordinance 2003 -68 — Approving Zoning Variance for Kimberley & Michael O'Malley, 906 Morgan Street allowing a rear yard setback of 28 feet. 4. In -Town Road Program — Smith Engineering Contract and Funding — approve in an amount not to exceed $87,870. 00 with payments of $40, 000.00 in FY 03104 and $47, 870.00 in FY 04105. 5. Concord Homes — Raintree Village Park land — approve return of 1.8 acres of previously dedicated Park Land in exchange for land cash contribution of $58, 000.00 per acre totaling $104,400.00 Mayor Prochaska entertained a motion to approve the Consent Agenda. So moved by Alderman -- Sticka; seconded by Alderman Besco. � I Motion approved by a roll call vote. Ayes -6 Nays -0 Burd -aye, Munns -aye, Spears -aye, Sticka -aye, Ohare -aye, Besco -aye PLANNING COMMISSION /ZONING BOARD OF APPEAL, No report. MINUTES FOR APPROVAL A motion was made by Alderwoman Spears to approve the minutes of the City Council meetings from October 14, 2003; seconded by Alderman Besco. Motion approved by a viva voce vote. I The Minutes of the Regular Meeting of the Citv Council - October 28. 2003 - uage 6 BILLS FOR APPROVAL A motion was made by Alderwoman Spears to approve the paying of the bills listed on the Detailed Board Report dated October 22, 2003 totaling the following amounts: checks in the amount of $875,049.80 (vendor); $118,200.69 (payroll period ending 10/07/03) and $121,031.66 (payroll period ending 10/22/03) for a total of $1,114,282.15; seconded by Alderman Munns. Alderman Munns questioned an expenditure on page 11 for a refrigerator for the Engineering Department. Mayor Prochaska explained that a small refrigerator was purchased for the lower level in order to keep beverages cold for the building inspectors and engineers since they are being encouraged to use the lower level entrance in an effort to keep mud from being tracked through the building. Alderman Munns asked if there were any plans for a lunch room on the lower level or any more expenditures such as for a microwave oven. Administrator Graff stated that the plans for the lower level did not include a lunch room. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Burd -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka -aye REPORTS I MAYOR'S REPORT Change of City Council Meeting Date Mayor Prochaska reminded everyone that the next City Council meeting was scheduled for Monday, November 10, 2003 due to the Veteran's Day holiday and it should be held in the City Council chambers. Coffee with the Mayor Mayor Prochaska reported that he would be hosting Coffee with the Mayor on November 1, 2003 at Function Junction from 9:30 to 11:00 A.M. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT City Treasurer William Powell presented the Fiscal Year 2002 -2003 Annual Treasurer's Report which is consistent with the audit that was recently completed. He noted that even though the City's property tax rate did not increase revenue was up 6% from the previous year, the state income tax was 4% lower than the year before and franchise fees increased 37 %. He stated that the mix that the City currently has with residential, commercial and industrial should help to keep the tax rate structure down in the future. Mayor Prochaska entertained a motion to accept the 2002 /2003 Annual Treasurer's Report. So moved by Alderman Sticka; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -7 Nays -0 Munns -aye, Spears -aye, Sticka -aye, Ohare -aye, Besco -aye, Burd -aye, Kot -aye CITY ADMINISTATOR'S REPORT Administrator Graff reported that City Attorney Dan Kramer's brother Vince Kramer passed away. He stated that the wake would be Thursday and Friday and he would pass on more details as he receives them. Mayor Prochaska extended condolences to the family. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE REPORT No report. EXECUTIVE DIRECTOR OF PARKS & RECREATION REPORT Executive Director of Parks & Recreation Laura Brown reported that prior to the October 27, 2003 Park Board meeting the first town meeting regarding the installation of a ball field in the The Minutes of the Regular Meetine of the Citv Council - October 28. 2003 - Mee 7 Fox Hill subdivision was held. All residents in the area were notified and six attended. All were in favor of the field and their only concern was for parking. It was explained to them that parking was allowed on both sides of John Street and they seemed satisfied. After the town meeting, the Park Board approved the expenditure of Land Cash in order to begin the installation of the field. The majority of the work will be done by staff. Also, the Park Board received a check for $2,000.00 from Youth Baseball for the installation of a backstop. The field will be a pony size field for transition baseball and will have a grass area for t -ball practice. The park should be completed and ready for use in the spring. COMMUNITY & LIAISON REPORT Tourism Seminar Alderwoman Burd reported that she attended a seminar hosted by the Aurora Area Convention and Visitors Bureau (AACVB) along with the Mayor and Alderwoman Ohare. The seminar offered information on how the AAC VB can assist local communities in marketing their area and attract tourist. Illinois Special Events Network Workshop Alderwoman Burd reported that she and Alderwoman Spears attended the Illinois Special Events Network Workshop where it was discussed how communities can run better events. They attended because the Council is investigating the possibility of hiring a special events coordinator. Technical Advisory Group Mayor Prochaska reported that he would be attending the second Technical Advisory Group (TAG) meeting for the Prairie Parkway on October 30, 2003. He is on the committee as a representative for Kendall County Mayors and Managers Group. Prairie Parkway Citizen's Advisory Group Alderwoman Burd reported that the last session of the Prairie Parkway Citizen's Advisory Group was being held on October 30, 2003. COMMITTEE REPORTS — PUBLIC WORKS COMMITTEE REPORT (Resolution) 2003 -39 Purchase of Real Property for Water Booster Pumping Station Cooper Home Furnishings A motion was made by Alderman Besco to approve a resolution authorizing the purchase of Real Property for Water System Booster Pumping Station as presented by the City Attorney and authorize the Mayor and City Clerk to sign the documents; seconded by Alderman Sticka. Alderman Sticka expressed his concern with the wording in paragraph 2; page two of the resolution concerning residential hook -ups at no charge. His concern was if this was clearly understood to mean no tap -on fee however they still have to pay for the physical plumbing. Mayor Prochaska suggested that the wording "at no charge at any time" be changed to "with no City connection fee ". Attorney Kramer stated that this could be revised. Alderman Sticka withdrew his second. Alderman Besco withdrew the original motion and made a new motion to approve a resolution authorizing the purchase of Real Property for Water System Booster Pumping Station as presented by the City Attorney and authorize the Mayor and City Clerk to sign the documents as corrected; seconded by Alderwoman Burd. Alderwoman Spears asked if she could receive a corrected copy. _ Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Burd -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka -aye ECONOMIC DEVELOPMENT COMMITTEE REPORT First Amendment to PUD Agreement for Lot 3 Mulhern Court a motion was made by Alderman Sticka to approve the first amendment to the Planned Unit Development agreement for Lot 3 Mulhern Court and authorize the Mayor and City Clerk to sign the agreement; seconded by Alderman Besco. Attorney Kramer noted two items were added to page three after she had a discussion with the petitioner's attorney. The first addition is to the verbiage on page 3, letter (F); "or to a maximum ridge height of 37 feet 4 '/ inches from grade." is to be added. The clarification of the height measurement was discussed with the developer and Administrator Graff suggested that since this I The Minutes of the Regular Meeting of the Citv Council - October 28. 2003 - Aage 8 is in excess of the City's current height requirement the Building Department review the change along with the Fire Department. The other addition is to page 3, letter (H) which will state that the landscape plan is attached and Attorney Kramer suggested that the document be approved pending staff approval. Mike Schoppe will review the landscape plan. Alderman Besco withdrew his second. Alderman Sticka withdrew the original motion and made a new motion to approve the first amendment to the Planned Unit Development agreement for Lot 3 Mulhern Court as corrected and authorize the Mayor and City Clerk to execute the agreement upon legal, staff and consultant review and approval; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -7 Nays -0 Burd -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka -aye, Besco -aye PUBLIC SAFETY COMMITTEE REPORT (Ordinance) 2003 -69 Amending Liquor Control Ordinance Sampling and/or Tasting by Class B License Holders A motion was by Alderman Kot to approve an ordinance amending Title 3, Chapter 3, Article 4 Section (B) of the Liquor Control Ordinance of the United City of Yorkville to allow sampling and/or tasting of alcoholic liquor by Class B Liquor License Holders; seconded by Alderman Sticka. Alderman Kot noted an error on page 2, paragraph (e). The paragraph should state "....one or two ounces or less...." Alderman Sticka withdrew his second. Alderman Kot withdrew the original motion and made a new motion to approve an ordinance amending Title 3, Chapter 3, Article 4 Section (B) of the Liquor Control Ordinance of the United - City of Yorkville to allow sampling and/or tasting of alcoholic liquor by Class B Liquor License Holders as corrected; seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes -7 Nays -0 Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka -aye, Besco -aye, Burd -aye ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS None. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into executive session to discuss: • The purchase or lease of real property for the use of the public body and • To consider the appointment, employment, compensation, discipline, performance, or dismissal of specific employees to hear testimony on a complaint lodged against an employee to determine its validity. He asked that the City Clerk, City Treasurer, City Administrator, City Attorney and Executive Director of Parks & Recreation be included in the session. He also noted that there may be action _— taken after the session on the first item. So moved by Alderman Sticka; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes -7 Nays -0 Ohare -aye, Besco-aye, Burd -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye The regular session broke at 8:50 P.M. The Council took a ten minute break. The City Council returned to regular session at 9:45 P.M Mayor Prochaska entertained a motion to instruct the City Attorney to draft a contract with a due diligence clause and publish for a public hearing for the potential purchase of a portion of the property known as 700 Morgan Street, the portion being the southwest corner of Washington i The Minutes of the Reeular Meeting of the Citv Council - October 28, 2003 - Dage 9 Street and Adrian Street, for the price of $40,000.00 to be used as a public park. So moved by Alderman Sticka; seconded by Alderwoman Burd. Motion approved by a roll call vote. Ayes -7 Nays -0 Burd -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka -aye, Besco -aye I ADJOURNMENT — Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Besco; seconded by Alderwoman Spears. Motion approved b a viva voce vote. PP Y I Meeting adjourned at 9:47 P.M. Minutes submitted by: I Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois I i CITY COUNCIL MEETING October 28, 2003 i PLEASE PRINT N ADDRESS : z 13e 6--� YL� e Ya &c 5 ► - 4 eev l l e— V I ' I Y rG! a's � o ? Lv, (JQ N e, of o, D Ax //i f 10 S "7 A� 5 1 or� YD oc Ao— �I r _i CITY COUNCIL MEETING October 28, 2003 PLEASE PRINT NAME: ADDRESS: MNlD `N MWGP-- 202 V . UAN F - M MON ST �� .ir.� (7 1 r d.✓ I a 7 R 4 /e 1 0 7 1 04 -S o e / e C 107 9lai t7 -2-1 �1�leC� �d nSo Yl � i Ai 2�� cc/zr✓��t - �Qrs�oc -b o2 7 6, J < YO - 7. //V STATE OF ILLINOIS ) SS. COUNTY OF KENDALL ) BEFORE THE YORKVILLE CITY COUNCIL PUBLIC HEARING LAY -COM, INC. - BRISTOL CLUB REPORT OF PROCEEDINGS had and testimony taken at the hearing of the above - entitled matter, taken before Nicola-Gengler, C.S.R., No. 84 -3780, on October 28, 2003, at the hour of 7:00 p.m., at 908 Game Farm Road, Yorkville, Illinois. D- 676603 REPO • COURT reporting service 800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630 - 983 -0030 Fax 630 -983 -6013 www.depocourt.com it 2 3 1 PRESENT: 1 (Pledge of Allegiance.) 2 MAYOR ARTHUR F. PROCHASKA; 2 (Proceedings were then had 3 MR. WILLIAM POWELL, City Treasurer; 3 which are not herein 4 MR. ANION GRAFF, City Administrator; 4 transcribed.) 5 MS. JACKIE MILSCHEWSKI, City Clerk; 5 MAYOR PROCHASKA: We are now in public 6 MR. JOSEPH BESOD, Alderman; 6 hearing and now, sir, if you would stand up and state 7 MS. VALERIE BURR, Alderwoanan; 7 your naxe for the record, please. 8 MR. LARRY KOT, Alderman; 8 MR. POPP: Sure. Joe Popp, P- O -P -P. 9 MR. MARTY MUNNS, Alderman; 9 What we are here for tonight is an 10 MR. RICHARD STICKA, Aldermen; 10 amendment to a PUD agreement basically taking half of a 11 MS. ROSE SPEARS, Alderwoman; 11 original PUD agreement which called for residential 12 and 12 zoning and change it into estate zoning. I think it is 13 LAW OFFICES OF DANIEL J. KRAMER 13 pretty clear cut. I don't know -- I didn't bring any 1107A South Bridge Street 14 Yorkville, Illinois 60560 14 plans with m:. I don't know if anybody needs to see BY: MS. KELLY KRAMER, 15 appeared on behalf of The United City of 15 them. It is Bristol Club Subdivision on Cannonball Yorkville. 16 16 Trail. � 17 17 MAYOR PROCHASKA: We are looking at going 18 18 up to three -acre lots. 19 19 MR. POPP: Correct. We are going to the 20 20 towns right now for estate zoning. When we become 21 21 contiguous with Yorkville, we will head into Yorkville 22 22 under the agreement. 23 23 MAYOR PROCHASKA: I would ask if there is 24 24 anyone that would like to give testimony to the City DepoOourt Reporting Service (630) 983 -0030 DepoCourt Reporting Service (630) 983 -0030 4 5 1 Council on this public hearing? 1 MAYOR PROCHASKA: Motion is carried. 2 (NO response.) 2 (Proceedings were then had 3 MAYOR PROCHASKA: Hearing none, is there 3 which are not herein 4 anything from the Council? 4 transcribed.) 5 (No response.) 5 6 MAYOR PROCHASKA: Thank you. 6 7 I would entertain a motion to close 7 8 the public hearing of the Lay -Corn, Inc., request. 8 9 MS. SPEARS: So moved. 9 10 MR. MUNNS: Second. 10 11 MAYOR PROCHASKA: Moved and seconded. 11 12 May I have roll call, please. 12 13 MS. MILSCHEWSKI: Burd? 13 14 MS. BURR: Aye. 14 15 MS. MILSCHEWSKI: Hot? 15 16 MR. KOT: Aye. 16 17 MS. MILSCHEWSKI: Munns? 17 18 MR. MUNNS: Aye. 18 19 MS. MILSCHEWSKI: Spears? 19 20 MS. SPEARS: Aye. 20 21 MS. MILSCHEWSKI: Sticka? 21 22 MR. STICKA: Aye. 22 23 MS. MILSCHEWSKI: Besco? 23 24 MR. BESCO: Aye. 24 DepoCourt Reporting Service (630) 983 -0030 DepoCourt Reporting Service (630) 983 -0030 6 1 STATE OF ILLINOIS ) SS. 2 COUNTY OF KENDALL ) 3 I, Nicola Gengler, C.S.R., No. 84 -3780, do 4 hereby certify that the proceedings had in the 5 above- entitled cause were recorded stenographically by 6 me and reduced to typewriting via corputer -aided 7 transcription under my personal direction; and that the 8 foregoing is a true and correct transcript of the 9 proceedings had at the time and place previously 10 specified. 11 IN WITNESS WHEREOF I have hereunto set my 12 hand this 29th day of October, 2003. 13 - 14 t' Nrco a C;engIer, C.S.R. 15 16 17 18 19 20 21 22 23 24 DepoCourt Reporting Service (630) 983 -0030 I II i YORK1028.TXT Page 1 ---- ------------------ ---- cut 3:13 -- --- ------- ----- --- - -- --- Treasurer 2:3 * ------------- ----- -------- N true 6:8 ----- --- --- -- ------- - -- - -- D - ---- ---- --- ------- --- ---- typewriting 6:6 * 5:5 ---- ---------------- --- --- name 3:7 -------------------------- -------------------- - - - - -- D- 676603 1:17 needs 3:14 U 1 DANIEL 2:13 Nicola 1:12; 6:3,14.5 -------------------------- -------------------- - - - - -- day 6:12 No. 1:12; 6:3 under 3:22; 6:7 1107A 2:13.5 direction 6:7 none 4:3 United 2:15 ----- ----- -- --- ------ - -- -- ---- ------ -- ----- --------- ------ -- ----- --------- ---- up 3:6,18 2 E 0 -------------------------- ----------------- -- - - --- -- ------------------- ------- -- ---- ---- --- --------- ---- V 2003 1:13; 6:12 entertain 4:7 October 1:13; 6:12 -------------------------- 28 1:13 estate 3:12,20 OFFICES 2:13 VALERIE 2:7 29th 6:12 -------------------- - - - - -- original 3:11 via 6:6 ------------------ -------- F ---- -------------- ----- --- -------------------------- 6 ---- -- ---------- ----- - - - -- P W ------------------------ -- Farm 1:14 -------------------------- -------------------------- 60560 2:14 foregoing 6:8 P -O -P -P 3:8 WHEREOF 6:11 --- ----- ------- ------ - -- -- ---------- ----- ------- -- -- P.M. 1:13 will 3:21 7 G personal 6:7 WILLIAM 2:3 - ----- --------- --- -- - ----- ------------------ -------- Place 6:9 WITNESS 6:11 7:00 1:13 Game 1:13 plans 3:14 -------------------------- -------------------- - - - - -- Gengler 1:12; 6:3,14.5 please 3:7; 4:12 Y 8 give 3:24 Pledge 3:1 -------------------------- -------------------- - - - - -- I GRAFF 2:4 POPP 3:8,19 YORKVILLE 1:6,14; 2:14, 84 -3780 1:12; 6:3 -------------------- - - - - -- POWELL 2:3 15.5; 3:21 ----------------- --- - - - - -- H I PRESENT 2:1 -------------------------- 9 ----- ------- ----- --- - ----- pretty 3:13 Z - ---- -------- --- ---- - - - --- half 3:10 Previously 6:9 -------------------------- 908 1:13 hand 6:12 proceedings 1:10; 3:2; zoning 3:12,20 -------------------------- head 3:21 5:2; 6:4,9 -------------------------- A hearing 1:7,11; 3:6; 4:1, PROCHASKA 2:2; 3:5,17,23; -- ----- ------------ ------- 3,8 4:3,6,11; 5:1 -------------------------- above - entitled 1:11; 6:5 hereby 6:4 public 1:7; 3:5; 4:1,8 - Administrator 2:4 herein 3:3; 5:3 PUD 3:10,11 6:14 agreement 3:10,11,22 hereunto 6:11 -------------------------- Alderman 2:6,8,9,10 hour 1:13 R Alderwoman 2:7,11 -------------------------- -------------------------- Allegiance 3:1 I record 3:7 amendment 3:10 -------------------- - - - - -- recorded 6:5 ANTON 2:4 ILLINOIS 1:2.5,14; 2:14; reduced 6:6 anybody 3:14 6:1 REPORT 1:10 appeared 2:15 I INC. 1:8; 4:8 request 4:8 ARTHUR 2:2 -------------------- - - - - -- residential 3:11 Aye 4:14,16,18,20,22,24 J response 4:2,5 ----------------- --------- ---- ------------------- --- RICHARD 2:10 B JACKIE 2:5 Road 1:14 -------------------- - - - - -- Joe 3:8 roll 4:12 basically 3:10 JOSEPH 2:6 ROSE 2:11 become3:20 ---- -- ----------- --------- -------------------------- behalf 2:15 K S BESCO2:6; 4:23,24 --- --------- ---------- - --- -------------------------- Bridge 2:13.5 KELLY 2:14.5 Second 4:10 bring 3:13 KENDALL 1:3.5; 6:2 seconded 4:11 BRISTOL 1:8; 3:15 KOT 2:8; 4:15,16 see 3:14 BURD 2:7; 4:13,14 KRAMER 2:13,14.5 set 6:11 ----- ----------- --- -- - - - -- -------- -- --- ------------- air 3:6 C L South 2:13.5 -------- ----------- -- --- -- ----- ---------- ----------- SPEARS 2:11; 4:9,19,20 C.S.R 6:14.5 LARRY 2:8 specified 6:10 C.S.R. 1:12; 6:3 LAW 2:13 SS 1:3; 6:1.5 call 4:12 LAY -COX 1:8; 4:8 stand 3:6 called 3:11 looking 3:17 state 1:2.5; 3:6; 6:1 Cannonball 3:15 lots 3:18 stenographically 6:5 carried 5:1 -------------------- - -- --- STICKA 2:10; 4:21,22 cause 6:5 M Street 2:13.5 certify 6:4 -------------------- - - - - -- Subdivision 3:15 change 3:12 MARTY 2:9 -------------------------- CITY 1:6; 2:3,4,5,15; 3:24 matter 1:11 T clear 3:13 MAYOR 2:2; 3:5,17,23; 4:3, -------------------------- Clerk 2:5 6,11; 5:1 testimony 1:10; 3:24 close 4:7 MILSCHEWSKI 2:5; 4:13,15, three -acre 3:18 CLUB 1:8; 3:15 17,19,21,23 tonight 3:9 computer -aided 6:6 motion 4:7; 5:1 towns 3:20 contiguous 3:21 moved 4:9,11 Trail 3:16 correct 3:19; 6:8 MS. 2:5,7,11,14.5; 4:9,13, transcribed 3:4; 5:4 COUNCIL 1:6; 4:1,4 14,15,17,19,20,21,23 transcript 6:8 COUNTY 1:3.5; 6:2 MUNNS 2:9; 4:10,17,18 transcription 6:7