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City Council Minutes 2000 04-27-00 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. APRIL 27, 2000. Mayor Prochaska called the meeting to order at 7:03 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Simmons called the roll. Ward I Callmer Absent Sticka Present Ward II Burd Present Kot Present Ward III Anderson Present Dockstader Absent 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 Public Works Committee Reports - table Deuchler Contract - Blackberry Creek Interceptor, move the Waste Management Contract from Administration Committee Reports to Public Works Committee Reports. Economic Development Reports - Add PC 99 -09 Foxfield. COMMITTEE MEETING DATES Public Works Committee 6:45 PM, Monday, May 15, 2000 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Tuesday, May 16, 2000 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M., Tuesday, May 23, 2000 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 6:30 P.M., Tuesday, May 9, 2000 City of Yorkville Conference Room 800 Game Farm Road CITIZENS COMMENTS — None. PUBLIC HEARING A motion was made by Alderman Sticka to go into Public Hearing for the purpose of PC 2000 -04 Paul Pocus, request to annex into the City of Yorkville and re -zone; seconded by Alderman Anderson. Motion approved by roll call vote. Ayes: 6 Nays: 0 Burd -aye, Sowinski -aye, Anderson -aye, Sticka -aye, Kot -aye, Spears -aye. Minutes of the Regular Meetina of the Citv Council -April 27, 2000 - Pacae 2 A motion was made by Alderman Sticka to table the Public Hearing to the May 11, 2000 City Council meeting; seconded by Alderman Sowinski. Motion approved by roll call vote. Ayes: 6 Nays: 0 Sowinski -aye, Anderson -aye, Sticka -aye, Kot -aye, Spears -aye, Burd -aye. A motion was made by Alderman Sticka to go into Public Hearing for the purpose of PC 99 -07 Nelson Pottinger, 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 and R -2 Single Family. The property is located at 7311 S. Route 47, south of Route 71, Yorkville, Illinois; seconded by Alderman Anderson. Motion approved by roll call vote. Ayes: 6 Nays: 0 Anderson -aye, Sticka -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye. Attorney Kramer gave a brief overview. He stated within the mile and a half planning area north and south of the city, the Economic Development Director and the Economic Development Committee has gone out and asked some of the adjoining area properties to annex where they are already contiguous to the city. He said there is no petition to preliminary plat the property or develop it at this time. 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 Sticka -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye. A motion was made by Alderman Sticka to go into Public Hearing for the purpose of PC 99 -08 Carolyn Herrin, petitioner request to annex into the United City of Yorkville and re -zone from Kendall County B -3 Service Business District to United City of Yorkville B -3 Service Business District Zoning. The property is located at 4 Bonnie Lane, Yorkville, Illinois; seconded by Alderman Sowinski. Motion approved by roll call vote. Ayes: 6 Nays: 0 Sticka -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye. Dan Kramer gave a brief overview. He stated the City approached the property owner. He said the property is located at the northwest corner of the intersection of Bonnie Lane and Route 47. He said the property is currently zoned B -3 Highway Business District in the County and the petitioner is requesting City B -3 Service Business District. He said it is consistent with both Comprehensive Plans in the County and the City. A motion was made by Alderman Stick to go out of Public Hearing; seconded by Alderman Spears. Motion approved by roll call vote. Ayes: 6 Nays: 0 Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Sticka -aye. A motion was made by Alderman Sowinski to table the Public Hearing for PC 99 -11 Courthouse Square, Arthur Sheridan & Associates until the May 25, 2000 City Councii Meeting; seconded by Alderman Spears. Motion approved by roll call vote. Ayes: 6 Nays: 0 Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Sticka -aye. A motion was made by Alderman Sowinski to go into Public Hearing for the purpose of PC 2000- 01 Prairie Garden, Barry Niles and Robert Loftus, petitioners requestto 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 and R -3 General Residence District Zoning with a Planned Unit Development. The property is located at 6359 S. Route 47, Yorkville, Illinois; seconded by Alderman Anderson. Minutes of the Regular Meetina of the Citv Council - April 27, 2000 - Pa 3 Motion approved by roll call vote. Ayes: 6 Nays: 0 Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Sticka -aye, Kot -aye. Attorney Kramer gave a brief overview. He stated this was before EDC and Committee of the Whole last Thursday. He said this is a request for a Planned Unit Development Agreement that would be under R -3 General Residence District with a proposed Planned Unit Development Agreement and Annexation Agreement that would be for an Active Adult Age Restricted Community of 55 and older citizens. He said it also has an area at the front of the property adjacent to Route 47 that would be B -3 Highway Business District. He said this would be voted on at the May 11 City Council meeting. Brent Schilheimer asked if the annexation is contingent upon the PUD Plan. Attorney Kramer replied yes. Brent asked what would happen if there was a change to the PUD Plan. Attorney Kramer replied if there were substantial changes to the PUD Plan it would have to be petitioned to modify and go through a Public Hearing process. Attorney Kramer stated the process will be annexation, zoning and preliminary plat that will be voted on at the May 11 City Council meeting. Brent Schilheimer expressed his concern being this property is next to the golf range he owns. He said he would like to see some type of landscape buffer. He also expressed concern overthe liability with a path so close to where golf balls might leave the property and stated that he would like to see the path rerouted or eliminated. Alderman Sowinski stated there was discussion back and forth at the COW meeting. He said there was a lot of conversation that it was actually the owner of the golf course responsibility to keep the balls in his area rather than Mr. Niles having to put up something to stop them. Brent Schilheimer stated it would be costly to him to have to put up a fence and netting to contain the golf balls and would also be an eye sore along a nature walk. Barry Niles stated he would confer to the wisdom of the City Council. He said if he re- routed the path it would take away from the aesthetics of being able to walk the borders of the property. A motion was made by Alderman Sticka to continue the Public Hearing to the May 11, 2000 City Council Meeting; seconded by Alderman Anderson. Motion approved by roll call vote. Ayes: 6 Nays: 0 Burd -aye, Sowinski -aye, Anderson -aye, Sticka -aye, Kot -aye, Spears -aye. PLANNING COMMISSION /ZONING BOARD OF APPEALS /SIGN REVIEW BOARD No report. MINUTES FOR APPROVAL Clerk Simmons stated there was a correction on the City Council Minutes of April 13, page 2 under Planning Commission /Zoning Board of Appeals /Sign Review Board, second sentence, it should read Paul Pocus not Paul Hogus. A motion was made by Alderman Sowinski to approve the minutes of the regular City Council Meeting of April 13, 2000 as corrected and the Committee of the Whole minutes of March 16, 2000; seconded by Alderman Spears. Motion approved by viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Anderson to approve the bill list dated April 24, 2000, check in the amount of $184,659.59 (vendor), $69,433.65 (payroll) for a total of $254,093.24; seconded by Alderman Sowinski. Motion approved by roll call vote. Ayes: 6 Nays: 0 Anderson -aye, Sticka -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye. I Min h Minutes of the Regular Meeting of the City Council - April 27, 2000 -Page 4 REPORTS ATTORNEY'S REPORT No report. MAYOR'S REPORT Mayor Prochaska reminded everyone that their Statement of Economic Interest are due by Friday, April 28, 2000. He announced the YMCA has signed a trespassing agreement with the City of Yorkville for the pool area which authorizes the police to go on to the property after hours. He announced the pool passes are available through May 15th forthe citizens of Yorkville before it is opened up for everyone else. He said on May 3 and 10 there will be membership sign up at the Beecher Center from 6:00 to 8:00 p.m. He said for a Yorkville Resident within the city limits a family membership is $125.00 and a single is $85.00. He said he received a letterfrom James Jerabek of IDOT in response to their meeting they held in March for the Route 47 changes. He said they have received a number of letters, including the two the city sent and have turned them over to their consultants for reviewing and they are hoping to get back in contact with us by mid May. He said he has spoken with Representative Tom Cross and he has arranged a meeting in Springfield on May 25, with himself, Brett Manning and Barb Merten who represents the Citizens to Improve the Yorkville Dam. He reminded everybody of the Open House on Sunday, April 30 from 1:00 to 4:00 p.m. He reminded everyone of the Golf Outing May 5. Mayor Prochaska said while he was gone last week there were a number of storms and there was a flood problem in the older parts of town. He asked Jim Nanninga, Tony Graff or J.T. Johnson to look into if there is any grant money that would allow some upgrades in these older parts of town. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT Treasurer Allen asked for approval of four manual checks in the amount of $9,009.17. A motion was made by Alderman Spears to the four manual checks in the amount of $9,009.17; seconded by Alderman Burd. Motion approved by roll call vote. Ayes: 6 Nays: 0 Sticka -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye. CITY ADMINISTRATOR'S REPORT No report. Mayor Prochaska asked J.T. Johnson about the Railroad Crossing Signals downtown. J.T. Johnson stated the problem is being caused by the railroad. He said the signals have been turned off for the night. He said they will have the police down there and flaggers when they come through at 10:00. He said the railroad will be back in the morning to work on their cabinet. He said he will do his best to make sure they do not work on the cabinet until after 9:00 after school starts. - COMMUNITY & LIAISON REPORTS Alderman Burd stated•she attended the Aurora Tourism Council meeting this morning. She said they did not have a quorum so no action was taken. Alderman Spears stated the Yorkville Citizens Police Academy Alumni will be having a fund raiser on Wednesday, May 24. She said it will be a cant' out barbeque which will be behind the Police Station. She said the tickets will be $7.00 in advance and $8.00 at the door. OLD BUSINESS None. i i i Minutes of the ReQUlar Meeting of the Citv Council -April 27. 2000 - Page 5 NEW BUSINESS None. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT I AWARD BID FOR STREET DEPARTMENT TRUCK A motion was made by Alderman Sowinski to approve a Ford 550 Dump Truck with plow for the low bid of $46,032.00 from Terry's Fleet Sales with no payment until July 28, 2000; seconded by Alderman Spears. Motion approved by roll call vote. Ayes: 6 Nays: 0 Sticka -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye. AWARD BID FOR PUBLIC WORKS BACKHOE A motion was made by Alderman Sowinski to purchase a tractor /backhoe model 436CEX41 T Cat for the low bid from Patten Tractor for an amount of $77,889.00 with no payment until July 28, 2000; seconded by Alderman Sticka. Motion approved by roll call vote. Ayes: 6 Nays: 0 Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Sticka -aye. COUNTRYSIDE PARKWAY IMPROVEMENTS A motion was made by Alderman Sowinski to award the contract for construction of the project "Countryside Parkway Roadway Improvements ", MFT Section No. 99- 00021- 00 -FP, to the low bidder Aurora Blacktop, Inc. for the amount of $79,325.05; seconded by Alderman Spears. Motion approved by roll call vote. Ayes: 6 Nays: 0 Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Sticka -aye. WASTE MANAGEMENT CONTRACT EXTENSION A motion was made by Alderman Sowinski to approve the contract extension with TCD Services, a division of Waste Management of Illinois, Inc. that will provide that there will be no increase in the household rate through June 30, 2001 and that the household rate not increase by more than 3% from July 1, 2001 through June 30, 2002 along with additional services which are yard waste pick up with no sticker required and an additional white good /tire pick up in the spring of each year and to authorize the Mayor and City Clerk to execute said contract extension on behalf of the United City of Yorkville; seconded by Alderman Sticka. Motion approved by roll call vote. Ayes: 6 Nays: 0 Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Sticka -aye, Kot -aye. Mayor Prochaska announced that an additional white goods pick -up will be held the week of May 22, 2000. He said effective Monday May 1, 2000 stickers will no longer be required on yard waste. ECONOMIC DEVELOPMENT COMMITTEE REPORTS (ORDINANCE) 2000 -16 HEARTLAND FINAL PLAT A motion was made by Alderman Sticka to approve the Unit I Final Plat for the Heartland Subdivision conditional upon an executed agreement for the downstream sanitary sewer improvements and engineering and to authorize the Mayor and City Clerk to execute said Final Plat Ordinance on behalf of the United City of Yorkville; seconded by Alderman Sowinski. Motion approved by roll call vote. Ayes: 6 Nays: 0 Burd -aye, Sowinski -aye, Anderson -aye, Sticka -aye, Kot -aye, Spears -aye. (ORDINANCE) 2000 -17 HEARTLAND SPECIAL TAX SERVICE AREA A motion was made by Alderman Sticka to approve the Ordinance establishing Special Tax Service Area for the Heartland Subdivision and to authorize the Mayor and City Clerk to execute I� Minutes of the Regular Meeting of the Citv Council -ADril 27, 2000 - Pa 6 said Special Tax Service documents on behalf of the United City of Yorkville; seconded by Alderman Sowinski. Motion approved by roll call vote. Ayes: 6 Nays: 0 Sowinski -aye, Anderson -aye, Sticka -aye, Kot -aye, Spears -aye, Burd -aye. (ORDINANCE) 2000 -18 ENABLING ORDINANCE TO CREATE SPECIAL TAX SERVICE AREA FOR HEARTLAND SUBDIVISION A motion was made by Alderman Sticka to approve the Enabling Ordinance for the back -up for the Special Tax Service Area for Heartland Subdivision; seconded by Alderman Sowinski. Motion approved by roll call vote. Ayes: 6 Nays: 0 Anderson -aye, Sticka -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye. (ORDINANCE) 2000 -19 SUNFLOWER ESTATES FINAL PLAT PHASE 2 AND REZONING A motion was made by Alderman Sticka to approve the Phase 2 Final Plat for the Sunflower Estates Subdivision and rezoning and to authorize the Mayor and City Clerk to execute said Final Plat on behalf of the United City of Yorkville; seconded by Alderman Sowinski. Motion approved by roll call vote. Ayes: 6 Nays: 0 Sticka -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye. (ORDINANCE) 2000 -20 SUNFLOWER ESTATES SPECIAL TAX SERVICE AREA A motion was made by Alderman Sticka to approve the Ordinance Establishing Special Tax Service Area for the Sunflower Estates Subdivision and to authorize the Mayor and City Clerk to execute said Special Tax Service documents on behalf of the United City of Yorkville; seconded by Alderman Burd. Motion approved by roll call vote. Ayes: 6 Nays: 0 Sticka -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye. (ORDINANCE) 2000 -21 ENABLING ORDINANCE TO CREATE SPECIAL TAX SERVICE AREA FOR SUNFLOWER ESTATES SUBDIVISION PHASE 2 A motion was made by Alderman Sticka to approve the Enabling Ordinance for the Special Tax Service Area for Sunflower Estates Subdivision Phase 2; seconded by Alderman Burd. Motion approved by roll call vote. Ayes: 6 Nays 0 Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Sticka -aye. A motion was made by Alderman Sticka to table PC 2000 -04, PC 99 -07, PC 99-08 and PC 2000- 01 to the May 11, 2000 City Council meeting; seconded by Alderman Sowinski. Motion approved by viva voce vote. A motion was made by Alderman Sticka to table PC 99 -11 to the May 25, 2000 City Council meeting; seconded by Alderman Sowinski. Motion approved by viva voce vote. WHITE OAK UNIT 3 FINAL ACCEPTANCE A motion was made by Alderman Sticka to accept Unit 3 of the White Oak Farms Subdivision for ownership and maintenance by the United City of Yorkville; seconded by Alderman Sowinski. Motion approved by roll call vote. Ayes: 6 Nays: 0 Burd -aye, Sowinski -aye, Anderson -aye, Sticka -aye, Kot -aye, Spears. ERDMANN ADVERTISING CONTRACT A motion was made by Alderman Sticka to approve a six month contract with Erdmann Advertising for Economic Development and Marketing work at a cost of $1,500.00 per month and to authorize the Mayor and City Clerk to execute the contract on behalf of the United City of Yorkville; Minutes of the Regular Meeting of the Citv Council -April 27, 2000 - Pacie 7 seconded by Alderman Anderson. There was discussion, questions and comments by the City Council and Treasurer Allen. Motion approved by roll call vote. Ayes: 6 Nays: 0 Sowinski -aye, Anderson -aye, Sticka -aye, Kot -aye, Spears -aye, Burd -aye. I BUILDING DEPARTMENT REPORTS A motion was made by Alderman Sticka to accept the Building Department Reports for the months of October, November, December, January and February as presented; seconded by Alderman Sowinski. Motion approved by viva voce vote. BOUNDARY AGREEMENT WITH SUGAR GROVE A motion was made by Alderman Sticka to authorize the Mayor and City Clerk to execute the Boundary Agreement with Sugar Grove as presented; seconded by Alderman Anderson. I Motion approved by roll call vote. Ayes: 6 Nays: 0 Sticka -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye. (ORDINANCE) 2000 -23 FOXFIELD UNIT II ANNEXATION APPROVAL A motion was made by Alderman Sticka to approve annexation of Foxfield Unit 11 into the United City of Yorkville; seconded by Alderman Sowinski. Motion approved by roll call vote. Ayes: 6 Nays: 0 Sticka -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye. (ORDINANCE) 2000 -24 FOXFIELD UNIT II ANNEXATION AGREEMENT A motion was made by Alderman Sticka to authorize the Mayor and City Clerk to execute the Annexation Agreement for Foxfield Unit 11 to the United City of Yorkville; seconded by Alderman Sowinski. i Motion approved by roll call vote. Ayes: 7 Nays: 0 Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Sticka -aye, Mayor -aye. FOXFIELD UNIT II FINAL PLAT A motion was made by Alderman Sticka to approve the Preliminary Plat for Foxfield Subdivision Unit 11; seconded by Alderman Sowinski. Motion approved by roll call vote. Ayes: 6 Nays: 0 Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Sticka -aye. PUBLIC SAFETY COMMITTEE REPORTS (ORDINANCE) 2000 -25 SOLICITORS ORDINANCE A motion was made by Alderman Kot to approve an Ordinance amending Title 3, Chapter 7 of the City Code of the United City of Yorkville, an Ordinance regulating solicitors, hawkers and itinerant merchants, as presented; seconded by Alderman Sowinski. Motion approved by roll call vote. Ayes: 6 Nays: 0 Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Sticka -aye, Kot -aye. Alderman Kot stated the City of Yorkville was awarded a $100,000.00 grant from the Illinois First project to upgrade the Cities early warning emergency system. ADMINISTRATION COMMITTEES UNDESSER ANNEXATION AMENDMENT - UPDATE It was stated that this needed to be tabled. There was a lot of discussion regarding the receipt of the funds from the annexation amendment making the purchasing of a Police Squad car pending. i Minutes of the Regular Meeting of the City Council April 27, 2000 . Pane 8 A motion was made by Alderman Kot to authorize the Chief to execute an agreement to purchase a squad car in an amount not to exceed $27,500.00 contingent upon receiving financial commitment, or check from Mr. Undesser, and the purchase should be through the State Purchasing Program; seconded by Alderman Anderson. There was more discussion and comments. Alderman Anderson withdrew his second. Alderman Kot withdrew his motion. The motion was restated. A motion was made by Alderman Kot to authorize the Chief to send a letter of commit to the Dealer upon receipt of a check in the amount of the dollars to cover the full amount of the purchase of the car; seconded by Alderman Anderson. Motion approved by roll call vote. Ayes: 6 Nays: 0 Burd -aye, Sowinski -aye, Anderson -aye, Sticka -aye, Kot -aye, Spears -aye. BUDGET MODIFICATIONS A motion was made by Alderman Anderson to approve the Budget Modifications for the Police Equipment Capital Account as presented; seconded by Alderman Burd. Motion approved by roll call vote. Ayes: 6 Nays: 0 Sowinski -aye, Anderson -aye, Sticka -aye, Kot -aye, Spears -aye, Burd -aye. ADDITIONAL BUSINESS None. ADJOURNMENT A motion was made by Alderman Sowinski to adjourn the meeting at 8:28 p.m.; seconded by Alderman Anderson. Motion approved by viva voce vote. By: Deborah K. Simmons, City Clerk City of Yorkville, Illinois i i CITY COUNCIL M[EET7i G i PLEASE SIGN IN! NAME: ADDRESS: u,�P M 1 ►�- 1`K J c� L . 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