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City Council Minutes 2000 05-25-00 I 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. MAY 25. 2000. 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. i Ward I Callmer Present Sticka Present Ward II Burd Present Kot Present Ward III Anderson Present Dockstader Present Ward IV Sowinski Absent Spears Absent 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 PC 99 -11 Courthouse Square, Arthur Sheridan & Associates, Public Hearing tabled to June 8, 2000. PC 2000 -01 Prairie Garden, Barry Niles & Robert Loftus, Public Hearing tabled to June 8, 2000. PC 2000 -07 Don & Carol Hamman, Public Hearing tabled to June 8, 2000. Economic Development Committee Report, PC 2000 -06 Earl & Delores Kirk petitioners - tabled, PC 2000 -07 Don & Carol Hammon, petitioners - tabled. Mayor's Report - add two board appointments and read letter from IDOT. COMMITTEE MEETING DATES Public Works Committee 6:45 PM, Monday, June 19, 2000 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Tuesday, June 20, 2000 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M., Tuesday, June 27, 2000 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 6:30 P.M., Tuesday, June 13, 2000 City of Yorkville Conference Room -- 800 Game Farm Road CITIZENS COMMENTS None. AWARD PRESENTATION Mayor Prochaska presented Matt Seng with a Certificate of Achievement recognizing his completion of a certification program for 1999 -2000 to become a Work Zone Safety Specialist, Roadway Signs and Marking Specialist -Level 1 and 2, Traffic Signal Technician -Level 1 and Traffic Signal Inspector. John Sleezer was not present to receive his certificate. Minutes of the Regular Meeting of the City Council - Mav 25, 2000 - Page 2 Mayor Prochaska read a letter from IDOT expressing their appreciation for the assistance of our city forces during the repair of the railroad crossing on May 15, 2000. PUBLIC HEARING A motion was made by Alderman Sticka to go into Public Hearing for the purpose of PC 2000 -04 Paul Pocus, petitioner request to annex into the City of Yorkville and re -zone from Kendall County "A" Agricultural zoning to United City of Yorkville B -3 Service Business District zoning. Property is located south of Route 71 on the west side of Route 47, Yorkville, Illinois. This is being re- advertised forthe Public Hearing requesting re- zoning to B -3; seconded by Alderman Dockstader. Motion approved by roll call vote. Ayes: 6 Nays: 0 Kot -aye, Burd -aye, Anderson -aye, Dockstader -aye, Sticka -aye, Callmer -aye. Attorney Dean stated this is ready to go to vote. There were no Public comments or comments from the City Council. A motion was made by Alderman Callmer to go out of Public Hearing; seconded by Alderman Sticka. Motion approved by roll call vote. Ayes: 6 Nays: 0 Burd -aye, Anderson -aye, Dockstader -aye, Sticka -aye, Callmer -aye, Kot -aye. I A motion was made by Alderman Sticka to go into Public Hearing for the purpose of PC 2000 -06, Earl & Delores Kirk, petitioner request to annex into the United City of Yorkville and re -zone form Kendall County "A" Agricultural to United City of Yorkville A -1 Agricultural zoning. The property is located on Kennedy Road approximately 1600 feet east of Route 47, Yorkville, Illinois; seconded by Alderman Dockstader. Motion approved by roll call vote. Ayes: 6 Nays: 0 Burd -aye, Anderson -aye, Dockstader -aye, Sticka -aye, Callmer -aye, Kot -aye. There was a comment made from someone in the audience who did not state his name expressing concern on the zoning. He asked how long would it remain city A -1. Mayor Prochaska and Attorney Dean replied it would remain City A -1 until there was a request to re- zone again and then there would be another Public Hearing to re -zone it. This person asked if there would be an entrance off of Kennedy Road. Mayor Prochaska stated his understanding was there would be one cut off Kennedy Road. This person stated if the traffic increases on Kennedy Road there should be a traffic signal. Mayor Prochaska stated this would be part of a traffic study the state would do. A motion was made by Alderman Sticka to go out of Public Hearing; seconded by Alderman Anderson. Motion approved by roll call vote. Ayes: 6 Nays: 0 Anderson -aye, Dockstader -aye, Sticka -aye, Callmer -aye, Kot -aye, Burd -aye. A motion was made by Alderman Sticka to go into Public Hearing for the purpose of PC 2000 -08 Steven M. Halbesma, petitioner request to annex into the United City of Yorkville and re -zone from Kendall County "A" Agricultural to United City of Yorkville B -3 Service Business District zoning. The property is located at 7144 S. Route 47, Yorkville, Illinois; seconded by Alderman Anderson. Motion approved by roll call vote. Ayes: 6 Nays: 0 - - Dockstader-aye, Sticka-aye, Callmer -a a Kot -a e, Burd -a Anderson aye, Dockstade y y Y e. Y Y Attorney Dean stated the agreement is not ready. We are only taking public comments. There were no public comments or comments from the City Council. A motion was made by Alderman Sticka to out of Public Hearing; seconded by Alderman Dockstader. Minutes of the Regular Meetina of the Citv Council - Mav 25. 2000 - Page 3 Motion approved by roll call vote. Ayes: 6 Nays: 0 Dockstader -aye, Sticka -aye, Callmer -aye, Kot -aye, Burd -aye, Anderson -aye. PLANNING COMMISSION /ZONING BOARD OF APPEALS /SIGN REVIEW BOARD No report. MINUTES FOR APPROVAL A motion was made by Alderman Anderson to approve the minutes of the City Council meeting of May 11, 2000 and the minutes of the COW meeting of April 20, 2000; seconded by Alderman Dockstader. Motion approved by viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Anderson to approve the bills from the bill list dated May 22, 2000, checks in the amount of $203,504.22 (vendor), $74,937.36 (payroll), $278,441.58 (total); seconded by Alderman Callmer. Motion approved by roll call vote. Ayes: 6 Nays: 0 Callmer -aye, Kot -aye, Burd -aye, Anderson -aye, Dockstader -aye, Sticka -aye. REPORTS ATTORNEY'S REPORT No report. MAYOR'S REPORT PURCHASE 2000 FORD CROWN VICTORIA FOR A POLICE VEHICLE Jim Nanninga gave an update on the annexation agreement with Richard Undesser. He said Mr. Undesser will the sign the annexation agreement with the understanding the he will pay the $10,000.00 cash and work out the rest of the money in negotiations. Chief Graf stated Mr. Undersser will meet with Attorney Kramer tomorrow. He said Mr. Undesser agreed to do a annexation application for the property. He agreed to pay the $10,000.00 with no agreement that we would pay him back. He agreed to the $13,500.00 upon development of the current annexation. Chief Graf stated if there is some verbiage in there in regards to the annexation agreement not being negotiated then Mr. Undesser knows there is a liability there that he has to pay. Alderman Kot stated the deadline for the purchase of the car is Tuesday night and if nothing is done tonight then we will have to say goodbye to this car and will have to look for something else. He said anything that is done tonight will be contingent on an approved signed development agreement. A motion was made by Alderman Kot to authorize the Mayor and City Clerk to sign and execute the Fixed Rate Commercial Promissory Note from the Yorkville National Bank in the amount of $17,500.00, fora fixed rate of 6.400 %, for three (3) years, for the purchase of a 2000 Ford Crown Victoria Police Vehicle and equipment in the amount of $17,500.00, contingent upon approval of the signed development agreement from Richard Undesser and receiving a $10,000.00 payment from Richard Undesser. The first loan payment is due on May 15, 2001, in the amount of $5,833.33 and second payment is due on May 15, 2002, with the final payment for the balance plus accrued interest is due on May 15, 2003; seconded by Alderman Dockstader. There was discussion and comments. There was also concern expressed of approving this without seeing the development agreement. There was more discussion. Motion approved by roll call vote. Ayes: 6 Nays: 0 Kot -aye, Burd -aye, Anderson -aye, Dockstader -aye, Sticka -aye, Callmer -aye. i Minutes of the Reaular Meeting of the Citv Council - Mav 25, 2000 - Page 4 BUDGET OFFICER APPOINTMENT Mayor Prochaska reappointed James Nanninga as Budget Officer. A motion was made by Alderman Sticka to approve the reappointment of James Nanninga as Budget Officer; seconded by Alderman Anderson. -- Motion approved by roll call vote. Ayes: 6 Nays: 0 Burd -aye, Anderson -aye, Dockstader -aye, Sticka -aye, Callmer -aye, Kot -aye. RECREATION DIRECTOR APPOINTMENT Mayor Prochaska reappointed Susan Swithin as Recreation Director. A motion was made by Alderman Kot to approve the reappointment of Susan Swithin as Recreation Director; seconded by Alderman Callmer. Motion approved by roll call vote. Ayes: 6 Nays: 0 Burd -aye, Anderson -aye, Dockstader -aye, Sticka -aye, Callmer -aye, Kot -aye. ZONING BOARD OF APPEALS APPOINTMENT Mayor Prochaska appointed Martin Munns to the Zoning Board of Appeals Board. A motion was made b Alderman Burd to approve the appointment of Martin Munns to the Zoning Y PP PP 9 Board of Appeals Board; seconded by Alderman Anderson. Motion approved by roll call vote. Ayes: 6 Nays: 0 Anderson -aye, Dockstader -aye, Sticka -aye, Callmer -aye, Kot -aye, Burd -aye. i SIGN REVIEW BOARD APPOINTMENT Mayor Prochaska appointed Matthew Erickson to the Sign Review Board. A motion was made by Alderman Burd to approve the appointment of Matthew Erickson to the Sign Review Board; seconded by Alderman Sticka. Motion approved by roll call vote. Ayes: 6 Nays: 0 Anderson -aye, Dockstader -aye, Sticka -aye, Callmer -aye, Kot -aye, Burd -aye. Mayor Prochaska stated there are two openings for the Library Board, one opening for the Sign Review Board and a business owner for Ex- Officio for the Facade Program. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTRATOR'S REPORT No report. CHIEF OF POLICE REPORT No report. -- COMMUNITY & LIAISON REPORTS. Alderman Kot stated Music Under the Stars met. He said the concerts will start Friday June 9. Alderman Burd stated she attend the annual meeting for the Aurora Tourism Council and gave a brief overview of the meeting. OLD BUSINESS None. NEW BUSINESS None. Minutes of the Regular Meetinq of the City Council - May 25, 2000 - Page 5 COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT _ STATE AND MORGAN IMPROVEMENTS - CHANGE ORDER NO. 1 A motion was made by Alderman Dockstader to approve Change Order No. 1 for the project "State Street and Morgan Street Roadway Improvements" in the amount of $4,942.43, which is the final balancing change order for the project; seconded by Alderman Sticka. Motion approved by roll call vote. Ayes: 6 Nays: 0 Dockstader -aye, Sticka -aye, Callmer -aye, Kot -aye, Burd -aye, Anderson -aye. ASPHALT SURFACE TREATMENT ROADWAY IMPROVEMENTS A motion was made by Alderman Dockstader to award a contract to Boecker Road Maintenance, Inc. for the project "Asphalt Surface Treatment Roadway Improvements" for the amount of $18,746.08; seconded by Alderman Anderson. Motion approved by roll call vote. Ayes: 6 Nays: 0 Sticka -aye, Callmer -aye, Kot -aye, Burd -aye, Anderson -aye, Dockstader -aye. NADEN COURT ROADWAY IMPROVEMENTS A motion was made by Alderman Dockstader to award a contract to Meyer Paving, Inc. for the project "Naden Court Roadway Improvements" for the amount of $27,830.88; seconded by Alderman Sticka. i Motion approved by roll call vote. Ayes: 6 Nays: 0 Callmer -aye, Kot -aye, Burd -aye, Anderson -aye, Dockstader -aye, Sticka -aye. FOX HILL UNIT 4 BOND REDUCTION NO. 1 A motion was made by Alderman Dockstader to approve Reduction No. 1 to the bond amount for Fox Hill Unit 4 in the amount of $112,746.00 resulting in a revised bond amount of $1,137,254.00; seconded by Alderman Sticka. Motion approved by roll call vote. Ayes: 6 Nays: 0 Kot -aye, Burd -aye, Anderson -aye, Dockstader -aye, Sticka -aye, Callmer -aye. INTERGOVERNMENTAL AGREEMENT WITH YORKVILLE- BRISTOL SANITARY DISTRICT A motion was made by Alderman Dockstader to approve the intergovern mental agreement for construction of the project "Blackberry Creek Interceptor, Phase 1 Extension" with the Yorkville - Bristol Sanitary District, and to authorize the Mayor and City Clerk to execute said agreement on behalf of the United City of Yorkville; seconded by Alderman Anderson. Mayor Prochaska stated in the last paragraph of the agreement it still says 18" and there is a question if that should be in there. There was some discussion and it was recommended that this be tabled. A motion was made by Alderman Callmerto table this agreement for further conclusion; seconded by Alderman Anderson. Motion approved by roll call vote. Ayes: 6 Nays: 0 Burd -aye, Anderson -aye, Dockstader -aye, Sticka -aye, Callmer -aye, Kot -aye. ECONOMIC DEVELOPMENT COMMITTEE REPORTS, (RESOLUTION) 2000 -13 PC 99 -09 FOXFILED II - FINAL PLAT AND PLAN A motion was made by Alderman Sticka to approve the Final Plat and Plan for the Foxfield 11 subdivision and to authorize the Mayor and City Clerk to execute said Final Plat and Plan on behalf of the United City of Yorkville; seconded by Alderman Dockstader. i Minutes of the Regular Meetinq of the Citv Council - Mav 25, 2000 - Page 6 Motion approved by roll call vote. Ayes: 6 Nays: 0 Burd -aye, Anderson -aye, Dockstader -aye, Sticka -aye, Callmer -aye, Kot -aye. (ORDINANCE) 2000 -26 PC 2000 -04 PAUL POCUS ANNEXATION A motion was made by Alderman Sticka to approve the Ordinance annexing properties to the United City of Yorkville owned by Paul Pocus in the southwest quadrant of Illinois Route 47 and Illinois Route 71 and to authorize the Mayor and City Clerk to execute said agreement on behalf of the United City of Yorkville; seconded by Alderman Anderson. I Motion approved by roll call vote. Ayes: 7 Nays: 0 Anderson -aye, Dockstader -aye, Sticka -aye, Callmer -aye, Kot -aye, Burd -aye, Mayor -aye. (ORDINANCE) 2000 -27 PC 2000 -04 PAUL POCUS ANNEXATION AGREEMENT A motion was made by Alderman Sticka to approve the Ordinance authorizing the execution of an annexation agreement of Paul Pocus as B -3 Service Business District and to authorize the Mayor and City Clerk to execute said agreement on behalf of the United City of Yorkville; seconded by Alderman Kot. Motion approved by roll call vote. Ayes: 7 Nays: 0 Anderson -aye, Dockstader -aye, Sticka -aye, Callmer -aye, Kot -aye, Burd -aye, Mayor -aye. PC 2000 -06 EARL & DELORES KIRK ANNEXATION A motion was made by Alderman Sticka to table PC 2000 -06 Earl & Delores Kirk Annexation to June 8, 2000 at 7:00 p.m.; seconded by Alderman Kot. Motion approved by roll call vote. Ayes: 6 Nays: 0 Dockstader -aye, Sticka -aye, Callmer -aye, Kot -aye, Burd -aye, Anderson -aye. PC 2000 -07 DON & CAROL HAMMON ANNEXATION -- A motion was made by Alderman Sticka to table PC 2000 -07 Don & Carol Harriman Annexation to June 2, 2000 at 7:00 p.m.; seconded by Alderman Kot. Motion approved by roll call vote. Ayes: 6 Nays: 0 Sticka -aye, Callmer -aye, Kot aye, Burd aye, Anderson -aye, Dockstader aye. HAMMAN ROADWAY DEDICATION A motion was made by Alderman Sticka to accept the roadway dedication for Countryside Parkway and for McHugh Road as shown on the Plat of Dedication and to authorize the Mayor and City Clerk to execute said Plat on behalf of the United City of Yorkville, subject to approval of comments by the City Attorney, City Engineer and IDOT; seconded by Alderman Kot. Motion approved by roll call vote. Ayes: 6 Nays: 0 Callmer -aye, Kot -aye, Burd -aye, Anderson -aye, Dockstader -aye, Sticka -aye. MENARD'S ROADWAY DEDICATION A motion was made by Alderman Sticka to accept the roadway dedication for Countryside Parkway and for the Frontage Road and interconnecting roadways to Illinois Route 47 as shown on the Plat of Dedication and to authorization the Mayor and City Clerk to execute said plat on behalf of the United City of Yorkville, subject to approval of comments by the City Attorney, City Engineer and IDOT; seconded by Alderman Anderson. Motion approved by roll call vote. Ayes: 6 Nays: 0 Kot -aye, Burd -aye, Anderson -aye, Dockstader -aye, Sticka -aye, Callmer -aye. (ORDINANCE) 2000 -28 PC 2000 -08 STEVEN HALBESMA ANNEXATION, A motion was made by Alderman Sticka to approve the Ordinance annexing properties to the United City of Yorkville owned by Steven M. Halbesma fronting Illinois Route 47 south of Illinois Route 71 and to authorize the Mayor and City Clerk to execute said agreement on behalf of the United City of Yorkville; seconded by Alderman Anderson. Motion approved by roll call vote. Ayes: 7 Nays: 0 Burd -aye, Anderson -aye, Dockstader -aye, Sticka -aye, Callmer -aye, Kot -aye, Mayor -aye. Minutes of the Reqular Meetinq of the City Council - Mav 25, 2000 - Pa 7 (ORDINANCE) 2000 -29 PC 2000 -08 STEVEN HALBESMA ANNEXATION AGREEMENT A motion was made by Alderman Sticka to approve the Ordinance authorizing the execution of an annexation agreement of Steven M. Halbesma as B -3 Service Business District and to authorize the Mayor and City Clerk to execute said agreement on behalf of the United City of Yorkville; seconded by Alderman Anderson. Motion approved by roll call vote. Ayes: 7 Nays: 0 Burd -aye, Anderson -aye, Dockstader -aye, Sticka -aye, Callmer -aye, Kot -aye, Mayor -aye. PUBLIC SAFETY COMMITTEE REPORTS Alderman Kot gave an update on the Early Weather Warning System. Mayor Prochaska gave a brief overview of the meeting he attended in Springfield regarding the dam. There was some discussion and comments. ADMINISTRATION COMMITTEE REPORTS No report. ADDITIONAL BUSINESS Alderman Callmer read a written letter of rebuttal to the City Treasurer Allen. Alderman Dockstader requested the city get the baseball diamonds mowed and put in better shape. He said not only are they cosmetically unappealing, there is a danger factor also for kids to be playing on them. Alderman Burd reminded everyone of the Downtown Merchants Association sidewalk sale and car show Saturday, June 3 from 9:00 a.m. to 3:00 pm. ADJOURNMENT A motion was made by Alderman Sticka to adjourn the meeting at 8:42 p.m.; seconded by Alderman Dockstader. Motion approved by viva voce vote. B: Y Deborah K. Simmons, City Clerk City of Yorkville, Illinois CITY COUNCIL MTETZNG ,5- a s--00 PLEASE SIGN IN! NAME: ADDRESS: U l33� A � o '7 ce T/1i V, //P 5/24/00 OPEN LETTER TO THE CITIZENS OF THE CITY OF YORKVILLE I've been an Alderman for over 5 years and have never written a letter of rebuttal. However, after the recent antics of our City Treasurer, Bob Allen, I feel I must let the people of Yorkville know "the rest of the story." I believe Mr. Allen was led to believe the Treasurer's position held some enormous power and perhaps even the right to make city policy. Nothing could be farther from the truth! He is but one of 10 people who are authorized to sign City of Yorkville checks - -- that's just the way the system has worked successfully since incorporation. Every City of Yorkville check requires two authorizing signatures. Now for whatever his reasons, Mr. Allen feels he should sign every check cut for payments. I don't have a problem with that and his signature is usually on every check we co -sign. But when he went on vacation, he designated an Alderman to sign all checks in his absence and he wrote a memo to that effect. As 1VIr. Allen found out later, he just plain over - exceeded his authority with the context of that memo. On April 26th, I came into the city offices and got the checks for payment from Kim King dated April 25th and began to sign them. I phoned Mr. Sticka, who's retired and usually home, to come over and help me sign the payroll checks. He answered and said he'd be right there and we'd get the routine job done. After we finished signing, we returned the checks to Kim King for dispersal except for ours, which we kept. When Mr. Allen returned from his hiatus, he found his designee had not signed the checks. Then he was "off and running "! A crime had apparently been committed because his memo was not followed. He now tells Kim King that he's going to see her put in jail for illegal acts and calls the Illinois Attorney General's Office and the Kendall County States Attorneys Offices to have us all "strung -up ". They both tell him no crime has been committed and he may be just going a wee bit overboard. Undaunted, he now phones the press to "vent his spleen' ' about his memo and all the illegal acts being committed. Amazing how petty someone can get when they don't get their own way. Let's impugn the integrity of some decent people and raise a ruckus with a childlike tantrum. I don't expect Mr. Allen to apologize to any Alderman for what he's done because by his actions he's shown he has no respect for anyone. But Bob, you should apologize to Mrs. King for the way you verbally harassed her in her office. Do you or your friends know how emotionally upset she was as a result of your abusive behavior toward her? A suggestion to you Mr. Allen - -- Why don't you just try to get along with everyone and get the job done ?! If you want to play Dick Tracy again, go through the proper channels first with your suspicions of crime and let the proper law enforcement officials investigate your complaints - -- not the press. Burt Callmer Alderman Ward 1