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City Council Minutes 2003 07-22-03 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, JULY 22, 2003. Mayor Prochaska called the meeting to order at 7:00 P.M and led the Council in the Pledge of Allegiance. - ROLL CALL Clerk Milschewski called the roll. Ward I James Present Sticka Present Ward R Burd Present Kot Present Ward III Mums Present Ohare Present Ward IV Besco Present Spears Absent Also present: City Clerk Milschewski, City Treasurer Powell, City Administrator Graff, City I I Attorney Dan Kramer, Police Chief Martin, Executive Director of Parks & Recreation Brown, Finance Director Pleckham and Director of Public Works Dhuse. 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 Alderman Sticka requested that the approval of the final plats for Heartland Circle Unit 1 and Raintree Village Unit 1 be moved from the Economic Development Committee Report to the Consent Agenda. Alderwoman Burd requested that the resolution creating the position of Engineering Assistant and the resolution approving the revised job description for the position of City Engineer be removed from the Consent Agenda and placed on the agenda under the Administration Committee Report. City Attorney Kramer asked that the ordinances pertaining to the public hearings be added to the Consent Agenda for approval as long as there are no revisions or negative public comments voiced at the public hearing. The Council agreed. Alderman Besco requested that the approval of the Park Master Plan be moved from the Public Works Committee Report to the Consent Agenda. Alderman Kot asked if the language he requested regarding the older parts of town was added to the plan and Administrator Graff stated that this had been done. Mayor Prochaska requested that #2 on the Consent Agenda, the resolution for Kendall County Hydro Geologic Resource Assessment, be tabled until it is determined if the Illinois Environmental Protection Agency will allow the City to use this toward the radium issue. COMMITTEE MEETING DATES - -- Public Works Committee 7:00 P.M., Monday, July 28, 2003 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Thursday, August 21, 2003 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 6:30 P.M., Thursday, August 14, 2003 City of Yorkville Conference Room 800 Game Farm Road Cancelled The Minutes of the Regular Meeting of the Citv Council — July 22. 2003 - nag_e 2 Public Safety Committee 6:30 P.M., Thursday, July 24, 2003 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee 6:30 P.M., Tuesday, July 29, 3003 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Tourism Committee 6:30 P.M., Monday, August 18, 3003 City of Yorkville Conference Room 800 Game Farm Road PUBLIC HEARINGS Mayor Prochaska entertained a motion to go into public hearing for: 1. Zoning Text Amendment for B -1 District to Allow Office District Use 2. Zoning Text Amendment to Allow Special Use for Antique Store in R -1 One Family Residence District So moved by Alderman Besco; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes -7 Nays -0 Ohare -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Sticka -aye Zoning Text Amendment for B -1 District to Allow Office District Use City Attorney Kramer explained that a B -1 District is traditionally a downtown office district or a neighborhood business district. The City permits professional offices within either. This item is a "clean -up" of the existing ordinance requested by the Building Department. The amendment will allow any office use that is permitted in the office district in a B -1, B -2 or B -3 District. There were no comments from the public. There were no comments from the Council. Zoning Text Amendment to Allow Special Use for an Antique Store in R -1 One - Family Residence District City Attorney Kramer explained that this amendment adds an antique district in R -1 and estate districts. This permits older buildings to be used for antique stores. There were no comments from the public. There were no comments from the Council. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Sticka; seconded by Alderman James. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Sticka -aye, Ohare -aye CITIZEN COMMENTS None PRESENTATIONS None I CONSENT AGENDA 1. Ordinance 2003 -40 — Amending Title 10, Chapter 6 Article B Section 5 of the Yorkville City Code (R -2 One Family Residential District — Lot Coverage for R -2 - -- Zoning District) - Authorize Mayor and City Clerk to execute 2. Resolution 2003 -27 — Authorizing Payroll Check Emergency Signatories - 3. Resolution 2003 -28 — Approving the Heartland Center Unit 1 Final Plat -Authorize Mayor and City Clerk to execute 4. Resolution 2003 -29 — Approving the Raintree Village Unit 1 Final Plat - Authorize Mayor and City Clerk to execute 5. Ordinance 2003 -41— Amending Titlel0, Chapter 7, Article B Section 1 (B -1 Limited Business District Permitted Use Zoning Amendment) - Authorize Mayor and City Clerk to execute 6. Ordinance 2003 -42 - Amending Title10, Chapter 6, Article 6A, Section 2 (Historic Preservation of Structures within the R -1 Estate Class One - Family Residential — Antique Store Use) - Authorize Mayor and City Clerk to execute 7. Park Master Plan The Minutes of the Reeular Meetine of the Citv Council - July 22. 2003 - nag_e 3 Mayor Prochaska entertained a motion to approve the Consent Agenda as corrected. So moved by Alderman Sticka; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -7 Nays -0 Burd -aye, James -aye, Kot -aye, Munns -aye, Sticka -aye, Ohare -aye, Besco -aye PLANNING COMMISSION /ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council meetings from June 24, 2003 and July 8, 2003; seconded by Alderman Sticka. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated July 17, 2003 totaling the following amounts: checks in the amount of $537,977.28(vendor) and $121,620.09 (payroll period ending 07/16/03) for a total of $659,597.37; seconded by Alderman Sticka. Mayor Prochaska noted that the amounts for approval were different than those listed on the agenda. The Council received a memo from Accounting Clerk Kim King revising the figures to reflect a manual check for the Police Department petty cash. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Sticka -aye, Ohare -aye REPORTS MAYOR'S REPORT Swearing In of Officer Sarah Cernekee and Officer Robbie Hart Mayor Prochaska swore in new police officers, Sarah Cernekee and Robbie Hart along with Chief Martin and Police Commissioner Bob Johnson. He welcomed them to the force. Proclamation for National Night Out Mayor Prochaska read a proclamation for the National Night Out on August 5, 2003. See attached. He entertained a motion to ratify the proclamation. So moved by Alderman Kot; seconded by Alderman Sticka. Motion approved by viva voce vote. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Administrator Graff noted that the Council received sign -off documentation from all the consultants with regards to the Grande Reserve annexation. All members of the staff recommend the approval of the annexation subject to review of the revisions to the exhibits. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE REPORT_ No report. The Minutes of the Regular Meeting 9f the City Council - July 22, 2003 - Dase 4 EXECUTIVE DIRECTOR OF PARKS & RECREATION Executive Director of Parks & Recreation Laura Brown noted that the Parks fall brochure would be mailed in the next week. COMMUNITY & LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT (Ordinance) 2003 -43 Annexation of the CorLands Property A motion was made by Alderman Sticka to approve an ordinance annexing properties to the United City of Yorkville, Kendall County, Illinois known as the CorLands Property; seconded by Alderman James. Mayor Prochaska noted that this is for approximately 90 -acres along the Blackberry Creek on the north side of Yorkville. Motion approved by a roll call vote. Ayes -7 Nays -0 Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Sticka -aye, Besco -aye (Ordinance) 2003 -44 Authorizing the Execution of Annexation and Planned Unit Development for Grande Reserve A motion was made by Alderman Sticka to approve an ordinance authorizing the execution of the Annexation and Planned Unit Development Agreement of MPI -2 Yorkville North, L.L.C., MPI -2 Yorkville Central, L.L.C. and MPI Yorkville South, L.L.C. (developers), Suburban Bank & Trust — Company Trust #74 -3216, Isenstein - Pasquinelli, L.L.C. , Moser Enterprises, Inc. Inland Appreciation Fund, L.P., Dale Konicek and Wayne and Lois Konicek (owners) known as the Grande Reserve Plan and authorize the Mayor and City Clerk to execute the agreement subject to staff and legal review of the final exhibits for confirmation of the exhibits; seconded by Alderman Besco. Mayor Prochaska noted that this annexation has taken two years of work to get to this point. Alderman Sticka stated that there have been approximately 100 meetings between staff and the developers. Alderman Sticka asked the developer if local builders would be able to acquire lots so they could participate in the development of the community. Art Zwemke with Moser Enterprises stated that the development will have different lot sizes so there will be variety and different builders. As an example, he cited their project Grande Park in Plainfield where there are thirty-four different builders; thirty are small local builders. Alderman Sticka clarified that this is not in the agreement but rather their way of doing business and Mr. Zwemke stated yes. Alderman Sticka asked if a whole "pod" would be sold to just one developer and Mr. Zwemke stated that this was unlikely. A neighborhood might be sold to a single builder who would put in the local streets and underground work however MPI would still be responsible for the mass grading, storm sewers, water, etc. for the entire acreage. Alderman Sticka stated that there are ordinances pending such as an appearance ordinance. He asked if the developer would be willing to abide by ordinances passed after this agreement is passed tonight. Mr. Zwemke stated that there is a provision in the agreement which indicates that as a neighborhood is built, overriding ordinances will be complied with. Not only will they equal what is required, they will try to exceed it. Alderman Sticka noted that this is not only being asked of Grande Reserve but all developments coming before the Council. Mr. Zwemke stated that they like the high standards in Yorkville and anything that creates or maintains those standards will be followed. Alderman Kot stated that this is probably the most important vote that anyone on the Council will make as far as the impact it will have on the community. He stated that he has asked many questions and had some concerns and he is pleased with the way the developers have worked with the City. He noted that he is not excited about the apartments but he was given reassurances that they will be high quality and something Yorkville will be proud of. He stated that he thought it was important for the developer to continue working with the community. The Minutes of the ReLyular Meeting of the Citv Council — July 22. 2003 - DaLye 5 Mr. Zwemke stated that the developer looks forward to working with the City and he thanked the City staff and elected officials for the amount of time and effort that has gone into the project. He stated that he wanted everyone to be proud of the agreement. Alderman Besco stated that he was compiling his copies of documents relating to the Grande Reserve. He noted that the stack was about a foot high. He stated that this was a difficult agreement to reach and he praised the staff and the developer for working together. Mayor Prochaska stated that there have been many concerns and issues brought up by the Council, staff and residents during the two years of working on the agreement. He noted that the developers have addressed and tried to resolve them. He stated that the Council, Plan Commission, City staff and Parks & Recreation Department have tried to make sure that this is for the good of the community. He thanked everyone for their work. Motion approved by a roll call vote. Ayes -7 Nays -0 James -aye, Kot -aye, Munns -aye, Ohare -aye, Sticka -aye, Besco -aye, Burd -aye (Ordinance) 2003 -45 Annexation of Grande Reserve Property A motion was made by Alderman Sticka to approve an ordinance authorizing annexing the property to the United City of Yorkville known as the Grande Reserve Plan as stated in the previous motion; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -7 Nays -0 Kot -aye, Munns -aye, Ohare -aye, Sticka -aye, Besco -aye, Burd -aye, James -aye (Ordinance) 2003 -46 Authorizing the Execution of an Amendment to the Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement for Menard's Residential A motion was made by Alderman Sticka to approve an ordinance authorizing the execution of an amendment to the Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement of Menard, Inc., a Wisconsin Corporation and authorize the Mayor and City Clerk to execute the agreement subject to staff and legal review of the final exhibits for confirmation of the exhibits; seconded by Alderman James. Administrator Graff stated that there are three points of interest: • The exhibit for the Kennedy Road realignment which was included with the previous documents was omitted in error. Attorney Kelly Kramer has spoken with the developer and confirmed that this will be added. • The agreement notes a 1 Y2-acre parcel is being given to the Bristol - Kendall Fire Department (BKFD) in exchange for one half of the fees due BKFD. The developer will pay $150.00/building versus $300.00/building. • BKFD has asked if they may use detention on the Menard's residential and commercial site and if the developer would rough grade the parcel. The developer has agreed to these requests. The additional language to cover these items will be added to the agreement before it is executed by the Mayor and City Clerk. Kevin Biscan with Smith Engineering, representing the developer, verified that the Kennedy Road exhibit has already been prepared but was overlooked for some reason and the developer has agreed to the BKFD's requests. I Alderwoman Ohare asked for clarification that the zoning west of McHugh will be multi - family and east will be single - family. Mayor Prochaska clarified this. Alderman Sticka commented that BKFD waived approximately $64,800.00 in fees in exchange for the site. He noted that it seems an appropriate location. Administrator Graff stated that BKFD negotiated with the developer for the site and is happy with it. Motion approved by a roll call vote. Ayes -7 Nays -0 Mums -aye, Ohare -aye, Sticka -aye, Besco -aye, Burd -aye, James -aye, Kot -aye i (Ordinance) 2003 -47 Annexation and Zoning of Menard's Residential A motion was made by Alderman Sticka to approve an ordinance annexing the Menard's properties to and zoning real property pursuant to an annexation and Planned Unit Development Agreement with the United City of Yorkville, Kendall County, Illinois known as the Menard's property; seconded by Alderwoman Burd. The Minutes of the Reeular Meeting of the Citv Council — July 22. 2003 - uage 6 Motion approved by a roll call vote. Ayes -7 Nays -0 Ohare -aye, Sticka -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, (Ordinance) 2003 -48 Authorizing the Execution of an Annexation and Planned Until Development Agreement for the of Walter Morrissey Property A motion was made by Alderman Sticka to approve an ordinance authorizing the execution of an Annexation and Planned Unit Development Agreement of Northern Trust Bank as Trustee under Trust Agreement dated September 11, 1978 and known as Trust No. TH00182 Owner of Record and to authorize the Mayor and City Clerk to execute the agreement subject to staff and legal review of the final exhibits for confirmation of the exhibits; seconded by Alderman James. Alderman Sticka clarified with Walter Morrissey, owner of the property, that currently there is no particular use set for the property. Mr. Morrissey agreed. City Attorney Dan Kramer noted that twelve years ago the City had a major sewer and water project on the south side of town and Mr. Morrissey gave the City easements for the project at no cost. Motion approved by a roll call vote. Ayes -7 Nays -0 Sticka -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye (Ordinance) 2003 -49 Annexation of Walter Morrissey Property A motion was made by Alderman Sticka to approve an ordinance annexing properties to the United City of Yorkville, Kendall County, Illinois known as the Morrissey property; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -7 Nays -0 Sticka -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye Mayor Prochaska noted that the three developments have been annexed and zoned and they will come back before the Plan Commission and Council at some future time for the approval of final plats. Alderman Sticka reiterated that the Mayor will not execute the documents until he is satisfied that the staff has completed their review. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT (Resolution) 2003 -30 Creating Position of Engineering Assistant A motion was made by Alderman James to approve a resolution creating a position of Engineering Assistant; seconded by Alderman Kot. Alderwoman Burd asked on behalf of Alderwoman Spears if specific changes, recommended by the Administration Committee, were made to the description. She went over the items with Mayor Prochaska and verified that the changes were made on the July 22, 2003 revision of the job description attached to the resolution. The Council did not receive the revision so Mayor Prochaska suggested approving the resolution specifying the July 22, 2003 draft of description. Alderman Kot withdrew his second. A motion was made by Alderman James to approve a resolution creating a position of - -- Engineering Assistant with the job description dated July 22, 2003; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes -7 Nays -0 Sticka -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye (Resolution) 2003 -31 Revised Job Description for City Engineer A motion was made by Alderman James to approve a resolution approving the revised job description for the position of City Engineer; seconded by Alderwoman Burd. Alderwoman Burd went over revisions suggested by Alderwoman Spears. Mayor Prochaska verified that the revisions were made on a July 22, 2003 draft (the Council did not receive a copy) and he also made a grammatical correction to the draft. Alderwoman Burd withdrew her second. The Minutes of the Regular Meetine of the Citv Council - July 22, 2003 - valze 7 A motion was madeby Alderman James to approve a resolution approving the revised job description for the position of City Engineer using the draft dated July 22, 2003 and the comments on grammatical changes; seconded by Alderwoman Burd. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Burd-aye, James -aye, Kot -aye, Ohare -aye, Munns -aye, Sticka -aye — Alderwoman Burd thanked Alderwoman Spears for taking the time to go over things while she is recuperated. ADDITIONAL BUSINESS Subdividing Lots Alderman James asked for information regarding property owners dividing lots. He asked what the protocol was for this and City Attorney Kramer stated there are several ways to do it. He suggested that the property owner contact Administrator Graff or Building Inspector Bill Dettmer to see what applies to the parcel. The Council gets involved if they are asked to approve a subdivision plat or if the Building Department has denied a building permit due to the need for a variance. Countryside Parkway Mayor Prochaska noted that Countryside Parkway between Routes 34 and 47 is now opened. EXECUTIVE - br aSiqjrr Mayor Prochaska entertained a motion to go into Executive Session for: 1. The collective negotiation matters between public employers and their employees or representatives. 2. For the purchase or lease of real property for the use of the public body. He asked that the City Clerk, City Treasurer, City Administrator, City Attorney and Building Inspector Bill Dettmer be included in the session. He stated that he anticipated action being taken after the end of the session. So moved by Alderman Sticka; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -7 Nays -0 Ohare -aye, Besco-aye, Burd -aye, James -aye Kot -aye, Munns -aye, Sticka -aye The regular session broke at 8:03 P.M. The Council took a ten minute break. The City Council returned to regular session at 10:40 P.M. Well Site Sale Mayor Prochaska entertained a motion to authorize the City Attorney to draw up a contract, pull down and order a survey for the well site property owned by the United City of Yorkville west of Eldamain Road for sale to the City of Plano in the amount of $142,000.00. So moved by Alderman - Sticka; seconded by Alderman James Motion approved by a roll call vote. Ayes -7 Nays -0 Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Sticka -aye, Besco -aye Police Chiefs Employment Agreement Mayor Prochaska entertained a motion to enter into an agreement with the Police Chief Harold O. Martin III and the United City of Yorkville. So moved by Alderman Kot; seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes -7 Nays -0 James -aye, Kot -aye, Munns -aye, Ohare -aye, Sticka -aye, Besco -aye, Burd -aye Executive Director of Parks & Recreation's Employment Agreement Mayor Prochaska entertained a motion to enter into an agreement with the Executive Director of Parks & Recreation Laura J. Brown and the United City of Yorkville. So moved by Alderman Sticka; seconded by Alderman James. Mayor Prochaska noted that the contracts include salary schedule adjustments along with a 5% merit and cost of living increase. Motion approved by a roll call vote. Ayes -6 Nays -0 Present -1 Kot -aye, Munns -aye, Ohare -aye, Sticka -aye, Besco - present, Burd -aye, James -aye The Minutes of the Regular Meeting of the Citv Council - July 22, 2003 - va2e 8 ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderwoman Ohare; seconded by Alderman Sticka. Motion approved by a viva voce vote. -- Meeting adjourned at 7: P.M. Minutes submitted by: . I Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois I i i CITY COUNCIL MEETING July 22, 2003 PLEASE PRINT NAME: ADDRESS: �b / C 6 /t1 PTA a 677 ✓� v ' 3Y oS�g je l (" L j - . Pla,j o Ib. An WaH+ e ecic on News �� 7w fY) 0 F. SIGNIN CITY COUNCIL MEETING July 22, 2003 PLEASE PRINT i NAME: ADDRESS: C� w.„, I HWA 64APWI& el Id a �c L xJ�J� I C S�o IS ( 1 ) Lw T-Gnlj�� �Q ix OA� 7 l Ca0. rL : 0 Y f- 0, 1 I�A Wear1W rerkille- I 1-oui Sz. Gern 5-� Col- ,-wo%d ar, Yorke//1111- ,�'/- t��e�ue C� R,✓ ;I,- S Co wac.a vie Yo�eko44C SIGNIN S United City of Yorkville UR I County Seat of Kendall County EST 1636 800 Game Farm Road lA Yorkville, Illinois 60560 Q &r Q Phone: 630-553-4350 Fax: 630-553-7575 i I WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nationwide crime, drug and violence prevention program on August 5, 2003 entitled "National Night Out "; and WHEREAS, the "20 "' Annual National Night Out" provides a unique opportunity for the United City of Yorkville to join forces with thousands of other communities across the country in promoting cooperative, police - community crime prevention efforts; and WHEREAS, the Citizens Police Academy Alumni plays a vital role in assisting the Yorkville Police Department through joint crime, drug and violence prevention efforts in the United City of Yorkville and is supporting "National Night Out 2003" locally; and WHEREAS, it is essential that all citizens of the United City of Yorkville be aware of the { importance of crime prevention programs and impact that their participation can have on reducing crime, drugs and violence in the United City of Yorkville; and WHEREAS police-community partnerships, neighborhood safety, � ,p Yp P � g Y, awareness and cooperation are important themes of the "National Night Out" program; NOW, THERFORE I, Mayor Arthur F. Prochaska, Jr., do hereby call upon all citizens of the United City of Yorkville to join the Citizens Police Academy Alumni and the National i Association of Town Watch in supporting "20` Annual National Night Out" on August 5, 2003. r FURTHER, LET IT BE RESOLVED THAT I, Mayor Arthur F. Prochaska, Jr., do hereby proclaim Tuesday, August 5, 2003 as "NATIONAL NIGHT OUT" in the United City of Yorkville. Mayor Arthur F. Prochaska, Jr.