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City Council Minutes 2001 02-22-01 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD. ON THURSDAY. FEBRUARY 22, 2001. Mayor Prochaska called the meeting to order at 7:04 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL — Clerk Simmons called the roll. Ward I James Absent Sticka Present Ward II Burd Present Kot Present Ward III Anderson Present Munns Present Ward IV Sowinski Present Spears Present QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska welcomed those present and asked them to introduce themselves and to enter their name on the attendance sheet provided. AMENDMENTS TO THE AGENDA Economic Development Committee Reports - Modifications to R -1 Zoning regarding Well and /or Septic Options - tabled. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M., Wednesday, March 19, 2001 _ City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Tuesday, March 20, 2001 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M., Tuesday, February 27, 2001 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 6:30 P.M., Tuesday, March 13, 2001 City of Yorkville Conference Room 800 Game Farm Road PRESENTATION: High School students attending the Paris Conference gave a presentation on what they would be presenting in Paris. Mayor Prochaska was presented with one of their shirts and afterwards gave a brief statement. CITIZENS COMMENTS None. PUBLIC HEARING A motion was made by Alderman Sowinski to go into Public Hearing for PC 2000 -03 Yorkville Market Place PUD; seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes: 7 Nays: 0 Munns -aye, Sticka -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye. Minutes of the Regular Meetinq of the Citv Council - February 22, 2001 - Page 2 Attorney Dan Kramer opened the discussion stating there is a request from Tucker Development to develop the property at the southeast corner of the intersection of Route 47 and Route 34 for purposes of a shopping center. Tracy Cassen representing Tucker Development Corporation made a brief statement. He made gave an introduction of the individuals involved in the project; Ken Fixler -Vice President of Leasing and Development with Tucker, John Donohue - Vice - President of Construction, Mark Karinski -Land Planner and Landscape Architect, Tracy Richard - Engineer and Peter Theodore- Architect for Jewel /Osco. Mr. Cassen stated that they are seeking final plan approval for the Jewel /Osco and final plan approval for a 15,000 square foot small shops retail center next to the Jewel /Osco development. He said they are also seeking approval of a perimeter landscape plan and a sign plan and a planned subdivision divided into nine lots. Mark Karinski, Land Plannerand Landscape Architect gave a brief verbal and visual presentation. Peter Theodore, Architect for Jewel /Osco gave a brief verbal and visual presentation on what the Jewel /Osco will look like inside and outside. Tracy Richard, Engineer gave a brief verbal and visual presentation on the civil engineering of the project. Tracy Cassen gave a brief closing presentation. City Attorney Dan Kramer went over the Planned Unit Development Agreement. He said they are expressing exactly how they want to set the buildings in. He said regarding the Economic Incentive Agreement, the city has negotiated a rebate on a portion of the sales tax revenues generated, taking one half of the sales tax generated from stores on the site and allowing that to be used to pay back off site improvements that benefit the public and the city would keep the other one half of the sales tax. He said there is absolutely no rebate for any real property taxes, utility taxes fees or anything of the like. Mayor Prochaska opened the floor for any public comments and questions. Darin Peterson, 1005 Sunset Ave. stated he thinks having a Jewel is a great idea. He asked about the fire prevention codes they will be following, safety codes and sprinkler system. Peter Theodore responded they follow VOCA, they will follow the cities separate ordinances and any amendments made by the fire marshal. He said they have cameras that monitor the interior as well as the exterior and loading dock areas. He said they provide security lighting and have on staff security people. Jack Jones of the Plan Commission stated the Fire Chief is also on the Plan Commission and makes sure this is all taken care of. Butch Nielsen, 417 Walnut St. asked what the rear of the building is going to look like. He asked about the type of lighting in the parking lot. Peter Theodore responded, the back of the building will be rather bland. He said they put the money typically in the front of building. He said the loading docks are set back and there will be landscaping. He said they have a trash compactor connected to the building, a sealed chute goes directly into a sealed box and when the container is filled a new container is brought in. He also responded to the type of lighting they will be using in the parking lot. Father Jerry Zalonis, St. Patricks Church asked about the noise, if there will be berms and late night deliveries. Peter Theodore responded, typically their trucks deliver in early morning and off hours. He said occasionally they will have a truck coming from out of state. There was a response that there will not be berms but there will be trees along the north and south side of Landmark. Dale Perkins, 415 Walnut St. expressed concern about water run off coming into his yard. He said he already has a problem with water standing in this yard. He also expressed concern over the lighting. Minutes of the Regular Meeting of the City Council - February 22, 2001 - Page 3 Tracy Richard responded, a combination of grating and storm sewers along with detention ponds will be designed for water. Unknown citizen stated he wants a fence along the property to prevent garbage from coming into his yard. - Brett Horton stated he's not opposed to the store but he is opposed to the right in and right out on Route 34. He said Route 34 narrows down from four lanes to two lanes right before Ace Hardware and he and his wife both have almost been hit there. He proposed that they move the the right in and right out adjacent to Ace Hardware with a proposed light. Mayor Prochaska stated IDOT will be the ruler on where a traffic light will go. David Kahl, 9316 Route 34 expressed concern to the harm this will cause Safari and Horizon Drugs and to any new businesses that have recently come into the community. He also expressed concern on the right in and right out on Route 34. He also asked what the time line is with IDOT making their decision and the development being completed. The response was that IDOT will make their decision prior to the opening of this facility. Darin Peterson, 1005 Sunset Ave. expressed concern about the standing water on the road. City Administrator Nanninga stated IDOT is specifically looking at getting a storm sewer all the way to the Fox River. He said this is a bigger long term problem. Mayor Prochaska stated we cannot answer to what IDOT is doing. He said Yorkville's engineering is one of the tuffer communities in the area. Bob Brettal, owner of a building and property on Route 34 stated he is excited about this project. He expressed concern over the traffic. He said he believes the developer is trying to do a quality project. He said the city could use a grocery store. He said it is up to the City Council to oversee this as much as they possibly can. Don Peterson stated when he moved to this community he looked at the growth as being well planned. He said this development seems to be what the community can be proud of. He said he knows the City Council will make sure everything will be done right. A motion was made by Alderman Kot to close the Public Hearing; seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes: 7 Nays: 0 Sticka -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Munns -aye. A motion was made by Alderman Sticka to go into Public Hearing for R -1 Zoning Modifications for Well and /or Septic Ordinance; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes: 7 Nays: 0 Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Munns -aye, Sticka -aye. A motion was made by Alderman Sowinski to table the Public Hearing until the March 22, 2001 City Council meeting; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes: 7 Nays: 0 Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Munns -aye, Sticka -aye. A motion was made by Alderman Sticka to go into Public Hearing for PC 2001 -21 Fields of Fox Hill. Petitioners Dresden Properties, Inc. and Dr. William Davis and Cheryl Davis petitioners seeking to Annex, rezoning to United City of Yorkville R -2 One Family Residence District; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes: 7 Nays: 0 Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Munns -aye, Sticka -aye, Kot -aye. I Minutes of the Reqular Meeting of the City Council - February 22, 2001 - Pa 4 Todd Freiberg stated his property backs up to this property. He said he and several of his neighbors primary concern is the way the traffic will be routed. Mayor Prochaska stated it was one of the Plan Commissions foremost issues they were concerned about and that is why it did not get a positive recommendation. He said the developer asked that the Public Hearing be postponed to the March 22, 2001 City Council meeting. A motion was made by Alderman Sowinski to table the Public Hearing until the March 22, 2001 City Council meeting; seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes: 7 Nays: 0 Burd -aye, Sowinski -aye, Anderson -aye, Munns -aye, Sticka -aye, Kot -aye, Spears -aye. PLANNING COMMISSION /ZONING BOARD OF APPEALS /SIGN REVIEW BOARD No report. MINUTES FOR APPROVAL A motion was made by Alderman Sowinski to approve the City Council minutes of October 26, 2000; seconded by Alderman Anderson. Alderman Anderson commented for the record that he could not find any comments in the minutes made by Treasurer Allen in regards to the revenue shortage on the utility tax. Motion approved by a viva voce vote. A motion was made by Alderman Sowinski to approve the City Council minutes of December 14, 2000; seconded by Alderman Sticka. Motion approved by a viva voce vote. A motion was made by Alderman Sowinski to approve the City Council minutes of February 8, - 2001; seconded by Alderman Sticka. Motion approved by a viva voce vote. A motion was made by Alderman Spears to approve the Committee of the Whole minutes of January 18, 2001; seconded by Alderman Munns. Alderman Spears requested that the time the meetings are called to order and adjourned be included in the minutes. Motion approved by a viva voce vote. A motion was made by Alderman Anderson to approve the Committee of the Whole minutes of February 1, 2001; seconded by Alderman Kot. Motion approved by a viva voce vote. Alderman Burd commented that she can not remember what was said back on October 25 and doesn't see how we can say the Treasurer did not say anything. She said the Treasurer has commented before that he is was sometimes not quoted in the minutes. -- I Alderman Anderson stated there is a tape. Cindy Green, the minute taker that night stated there is a tape if anyone would like to listen to it. She stated that she also does the Committee of the Whole minutes. She said she retains the records for two years. Alderman Burd stated she personally remembers Treasurer Allen saying something. Cindy Green stated that she listened to the tape after the concern came up because it upset her. She said she felt her integrity was being questioned so she took the time to listen to the tape again and she did not hear anything. She said she has done COW minutes for about 5 years and Minutes of the Reaular Meeting of the Citv Council - February 22, 2001 - Paae 5 she still has all the original minutes she has taken. Treasurer Allen stated he remembers bringing this issue up. He said he is not trying to make anybody look bad. He said Cindy is doing a very good job. He said there are times that issues come up that he thinks are important, but he does not have a microphone and does not always fault the people that take the minutes. He said he remembers speaking specifically over the audit for approximately 12 minutes. He said it was over 5 months ago and he thought it was October 25. - BILLS FOR APPROVAL A motion was made by Alderman Anderson to approve the bills from the bill list dated February 16, 2001, checks in the amount of $174,989.95 (vendor), $83,684.30 (payroll period ending 2/10/01), total $258,674.25; seconded by Alderman Sowinski. Motion approved by a roll call vote. Ayes: 7 Nays: 0 Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Munns -aye, Sticka -aye. REPORTS ATTORNEY'S REPORT No report. MAYOR'S REPORT Mayor Prochaska reminded everyone of the Big Brothers /Big Sisters bowl. Mayor Prochaska stated he sent a letter to the Mayor of Paris. Mayor Prochaska presented officer Jerry Ikemire with a plaque for his ten years of service. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT Treasurer Allen requested a motion to approve the monthly Treasurers Report for the month of January 2001 as presented. A motion was made by Alderman Sticka to approve the monthly Treasurer's report for the month of January 2001 as presented; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes: 7 Nays: 0 Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Munns -aye, Sticka -aye, Kot -aye. Treasurer Allen requested that he receive a microphone. CITY ADMINISTRATOR'S REPORT No report. CHIEF OF POLICE REPORT Weather Warning Siren Easements A motion was made by Alderman Kot to authorize the Mayor and City Clerk to execute an Easement between the United City of Yorkville and Countryside Center for purposes of installing an Emergency Weather Warning Siren, contingent upon legal review; seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes: 7 Nays: 0 Burd -aye, Sowinski -aye, Anderson -aye, Munns -aye, Sticka -aye, Kot -aye, Spears -aye. COMMUNITY & LIAISON REPORTS Alderman Burd stated she attended the Aurora Tourism Council meeting. She said they talked about putting in a new fountain to be designed by a German architect. Minutes of the Regular Meetinq of the Citv Council - February 22, 2001 - Pacae 6 Mayor Prochaska stated he attended the Yorkville Economic Development Corporation meeting. He stated the Director reported the membership has increased. Lynn Dubajec, Economic Development Corporation Directorstated she attended the International Council of Shopping Centers Alliance where Yorkville had a booth. She gave a brief update. She stated she would be attending the National Manufacturing Week and Trade Show at McCormick Place on March 5 and 6. OLD BUSINESS — None. NEW BUSINESS None. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT (ORDINANCE) 2001 -6 Municipal Well Setback Ordinance A motion was made by Alderman Sowinski to approve the Ordinance titled Community Well Water Protection Ordinance (Minimum and Maximum Setback Ordinance) and to authorize the Mayor and City Clerk to execute said Ordinance on behalf of the United City of Yorkville; seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes: 7 Nays: 0 Sowinski -aye, Anderson -aye, Munns -aye, Sticka -aye, Kot -aye, Spears -aye, Burd -aye. — ECONOMIC DEVELOPMENT COMMITTEE REPORTS _ PC 2000 -03 Yorkville Market Place PUD A motion was made by Alderman Sticka to approve the Planned Unit Development Agreement and authorize the Mayor and City Clerk to execute said agreement on behalf of the United City of Yorkville; seconded by Alderman Sowinski. A motion was made by Alderman Anderson to table the vote on the Yorkville Market Place PUD until the March 1 meeting; seconded by Alderman Sowinski. Alderman Sticka stated the primary reason for tabling this vote is in order for everyone to read the agreement that was just given to them today. Motion approved by a roll call vote. Ayes: 7 Nays: 0 Anderson -aye, Munns -aye, Sticka -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye. PUBLIC SAFETY COMMITTEE REPORTS No report. Alderman Kot brought up a point of interest. He stated there will be a dinner Saturday February 24 hosted by the Optimist Club. He said several of our officers have been submitted for an award. Anyone wanting tickets, see Chief Graf. ADMINISTRATION COMMITTEE REPORTS (RESOLUTION) 2001 -8 L & D Proposal - Industrial Revenue Bonds A motion was made by Alderman Anderson to approve a Resolution granting L & D Group, Pride Metals, L.L.C. the United City of Yorkville's Industrial Revenue Bond Appropriation for the 2001 calendar year through the Illinois Finance Development Authority; seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes: 7 Nays: 0 Munns -aye, Sticka -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye. Minutes of the Reqular Meetinq of the Citv Council - February 22. 2001 - Page 7 (ORDINANCE) 2001 -7 Ordinance to Set a Date for a Public Hearinq for the TIF District (Fox Industrial Park) A motion was made by Alderman Anderson to approve an Ordinance to set a date for a public hearing on the proposed United City of Yorkville Tax Increment Financing Redevelopment Project Area and to approve a Public Notice for the hearing; seconded by Alderman Munns. I Motion approved by a roll call vote. Ayes: 7 Nays: 0 ,I Sticka -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Munns -aye. ADDITIONAL BUSINESS None. EXECUTIVE SESSION The following individuals will be included in the Executive Session; Alderman Sticka, Alderman Kot, Alderman Spears, Alderman Burd, Alderman Sowinski, Alderman Anderson, Alderman Munns, City Treasurer Allen, City Administrator Nanninga, Police Chief Graff and City Clerk Simmons. A motion was made by Alderman Kot to go into Executive Session at 9:30 p.m. to discuss pending litigation; seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes: 7 Nays: 0 Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Munns -aye, Sticka -aye. No formal action will be taken. A motion was made by Alderman Sowinski to go out of Executive Session at 9:57 p.m.; seconded by Alderman Anderson. G Motion approved by a roll call vote. Ayes: 7 Nays: 0 Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Munns -aye, Sticka -aye. No formal action was taken. ADJOURNMENT A motion was made by Alderman Munns to adjourn the meeting at 9:58 p.m.; seconded by Alderman Sticka. Motion approved by viva voce vote. By: Deborah K. Simmons, City Clerk City ofTYorkville, Illinois li czT.Y (fOUNCIL INIEETLNG oZ'o� -ol PLEASE SIGN ITV! ADDRESS: J � L) ww J a . 1�4� &n�l rpo ��[cd5c�^- ash /� J J r /00 ISOASC / ke— Brisivl r- (Jy �) e — vwe . 17 L, 1v,? / Yg/f s% POT 0, fa �� b L l✓ r - �J s.►apt,1�S COb � VlltM r l qp =TVu ixa �,Toxs asvarf a ONUH33kI MD.�MoD XIzD