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City Council Minutes 2000 03-09-00 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, MARCH 9. 2000. Mayor Prochaska called the meeting to order at 7:15 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 (left at 7:40) Ward III Anderson Present Dockstader 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 - add Easement and License Agreement for PC 99- 10 Windham Homes. PC 99 -15 Bell, Mulvey, Huston - there will be no vote tonight. Public Safety Committee Reports - Appointment of Police Officer Gregory Coomes moved to Mayors Report. Administration Committee Report - add minutes for approval of 2 -8 -00. COMMITTEE MEETING DATES Public Works Committee 6:45 PM, Monday, March 20, 2000 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Tuesday, March 21, 2000 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M., Monday, March 27, 2000 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 6:30 P.M., Tuesday, March 14, 2000 City of Yorkville Conference Room 800 Game Farm Road CITIZENS COMMENTS Camile Grimes read a written statement which stated she was not in favor of taking out the dam. She stated if the DNR .has the money for studies, then they have the money to improve the dam. Peter McPherson stated he was not in favor of taking out the dam. He said a lock could be put in that could be lowered so -the fish can spawn, the river can clean itself, and during the season of boating the lock could be closed up. Mayor Prochaska asked Mr. McPherson to put his thought in letter form and send it to the Department of Natural Resources. I Minutes of the Regular Meetina of the Citv Council - March 9. 2000 - Pa 2 Professor Barb Merten read a written statement. She stated she felt the meeting with the DNR was not informative or educational. She said there was no information at the meeting as to the effect of dam removal on property values. She said in the record Project Manager Wise of the DNR stated the State cannot use Public money to improve private property. She said this means if the dam is removed, the property owners will have to deal with removing the bed springs, discarded tires and tire rims and removing any other garbage that has collected over the past 40 years. Mayor Prochaska reiterated to everyone how important it is that they get their thoughts and feelings to the DNR, their State Representatives and their Federal Representatives. He said the City sent a letter to the DNR last June. He said if there are any petitions the City would be happy to keep a copy on file. Dennis Porter asked the City Council to put together a letter with a stronger opinion with what everyone has said. He asked if the City could write a letter and put their petitions with it. Mayor Prochaska stated the City could put together a letter. He said it would help if everyone wrote letters to the DNR because they have said they have seen nothing from the citizens, no letters, no petitions or rallies. Rachel Ervin stated they are working on a rally and working on letters. She said they have formed a group to save the dam. Mayor Prochaska stated there has been talk of the DNR having another meeting in June or July. PRESENTATION Mayor Prochaska, on behalf of the City presented a Certificate of Recognition to officer Terry Klingel on being named "Officer of the Year" by the Optimists International on March 4, 2000, for "Distinguished and Dedicated Service Advancing the Respect for Law Objectives ". He also congratulated Police Chief Anton Graff on his nomination for Officer of the Year. PUBLIC HEARING A motion was- made Alderman Dockstader to go into Public Hearing for the purpose of PC99- 10 Windham Homes petition to annex and rezone from Kendall County "A" Agriculture to City of Yorkville R -2 Single Family, and approval of Preliminary Plan of subdivision; seconded by Alderman Sticka. Motion approved by roll call vote. Ayes: 6 Nays 0 Spears - aye, -Bard - aye, Sowinski - aye, Anderson - aye, Dockstader - aye, Sticka - aye. Attorney Tom Grant stated they are asking the City Council to approve the Annexation Agreement. He said no variations have been requested from the Cities Subdivision Control Ordinance. Hesaid the only exception is their request to be able to access the existing home on proposed lot 3. There was a brief question, comment and discussion session. A motion was made by Alderman Dockstader to go out of Public Hearing; seconded by Alderman Spears. Motion approved by roll call vote. Ayes: 6 Nays: 0 — Burd - aye, Sowinski - aye, Anderson - aye, Dockstader - aye, Sticka - aye, Spears - aye. A motion was made by Alderman Sticka to go into Public Hearing for the purpose of PC 99 -15 Bell, Mulvey, Huston petition to annex and rezone from Kendall County R -2 Single Family to City of Yorkville R -3 Multi- Family; seconded by Alderman Sowinski. Motion approved by roll call vote. Ayes: 6 Nays: 0 Sowinski - aye, Anderson - aye, Dockstader - aye, Sticka - aye, Spears - aye, Burd - aye. Attorney Pilmer gave a brief refresher on the request. This is a continued Public Hearing on PC 99 -15. He said one of his clients is out of town until the end of March. He said they will be expecting to be here the first week in April seeking to enter into the annexation agreement. i Minutes of the Regular Meetinq of the Citv Council - March 9. 2000 - Paae 3 There were no public comments or questions. i Alderman Sowinski asked if the issues Dan Halbesma had brought up at the last Public Hearing had been resolved. Attorney Pilmer stated the problems are being resolved. A motion was made by Alderman Anderson to go out of Public Hearing; seconded by Alderman Sowinski. Motion approved by roll call vote. Ayes: 6 Nays: 0 Anderson - aye, Dockstader - aye, Sticka - aye, Spears - aye, Burd - aye, Sowinski - aye. PLANNING COMMISSION /ZONING BOARD OF APPEALS /SIGN REVIEW BOARD i Alderman Sticka gave a report on the Plan Commission. He stated there was a Public Hearing on PC 99-09 Barry Niles request for annexation for the property at the end of Terry Lane. He said the second item was Trinity Church - United Methodists, petitioning for rezoning of 8 acres on the southeast comer of Route 47 and Cannonball, from Yorkville A -1 to R -2 family for a church for the property. He said there was no public comment. He said the Plan Commission voted 9 -yes 2- abstain on the Barry Niles annexation. He said the Plan Commission voted 10 -yes, 1- abstain on the Trinity Church - United Methodist request. MINUTES FOR APPROVAL Alderman Spears stated on the COW minutes, underAdditional Business Gregory Coomes name was mis- spelled. She stated in paragraph 5 where it says one of the Alderman, should say Alderman Burd. She said the motion to go into Executive Session should include no action will be taken. A motion was made by Alderman Sowinski to approve the City Council Minutes of February 24, 2000 and the Committee of the Whole minutes of March 2, 2000 as corrected; seconded by Alderman Anderson. Motion approved by viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Anderson to approve the bill list dated March 3, 2000, checks in the amount of $94,049.34 (vendor), $75,464.12 (payroll), for a total of $169,513,46; seconded by Alderman Sowinski. Motion approved by roll call vote. Ayes: 6 Nays: 0 Sticka - aye, Spears - aye, Burd - aye, Sowinski - aye, Anderson - aye, Dockstader - aye. REPORTS ATTORNEY'S REPORT Attorney Kramer stated he met with Scott Buning the County Zoning Administrator. He said there were three or four parcels as they were going through their maps that there were questions about boundary lines, park property being in and out that is going to be cleaned up. MAYOR'S REPORT Mayor Prochaska recommended the appointment of Gregory Coomes to the position of full time police officer beginning April 4, 2000 at an annual salary rate of $29,876.00, conditional upon satisfactorily completing all pre - employment qualifications, with a one year probationary period. A motion was made by Alderman Dockstader to approve the appointment of Gregory Coomes to the position of full time police officer beginning April 4, 2000 at an annual salary rate of $29,876.00, conditional upon satisfactorily completing all pre - employment qualifications, with a one year probationary period; seconded by Alderman Sticka. I j II I Minutes of the Reqular Meeting of the Citv Council - March 9, 2000 - Paae 4 Motion approved b roll pp y call vote. Ayes: 6 Nays: 0 Y Y � Spears - aye, Burd - aye, Sowinski - aye, Anderson - aye, Dockstader - aye, Sticka - aye. Mayor Prochaska stated the Yorkville Economic Development Corporation met yesterday. He said two people for the directors position took other jobs. He said there are still a couple of applications that have come in. He said the board is proceeding with all due haste to go through those applications. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT Treasurer Allen gave his report for the month of January 2000. Beginning Balance $1,572,935.76 Revenue $400,341.15 Expense $677,375.53 Ending Balance $1,295,901.38 A motion was made by Alderman Dockstader to accept the Treasurers report for the month of January 2000; seconded by Alderman Sticka. Motion approved by roll call vote. Ayes: 6 Nays: 0 Spears - aye, Burd - aye, Sowinski - aye, Anderson - aye, Dockstader - aye, Sticka - aye. CITY ADMINISTRATOR'S REPORT Administrator Nanninga stated the landscaping on the building has been started. He said Jim Heinz of the Bristol Township gave a donation of surplus see he received from Seaboard Seed in Bristol. He said they are working with a number of nurseries to try to get some trees and maybe some donations, to be Teady for the April 30 open house. COMMUNITY & LIAISON REPORTS Alderman Burd stated Downtown Business Association meeting was canceled. She said there is no alternative date yet. OLD BUSINESS None. NEW BUSINESS Mayor Prochaska stated an open house for the new building has officially been set for April 30, 2000. He said there will be invitations sent out along with getting it into the paper and the newsletter. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT (ORDINANCE) 2000 -2 SUBDIVISION CONTROL ORDINANCE A motion was made by Alderman Sowinski to approve the Ordinance modifying the Subdivision Control Ordinance as presented and to authorize the Mayor and City Clerk to execute the same on behalf of the United City of Yorkville; seconded by Alderman Anderson. Motion approved by roll call vote. Aye: 6 Nays: 0 Spears - aye, Burd - aye, Sowinski - aye, Anderson - aye, Dockstader - aye, Sticka - aye. (RESOLUTION) 2000 -4 STANDARD SPECIFICATIONS FOR IMPROVEMENTS A motion was made by Alderman Sowinski to approve the Resolution for the Standard Specifications for Improvements as presented and to authorize the Mayor and City Clerk to execute the same on behalf of the United City of Yorkville; seconded by Alderman Anderson. I i t Minutes of the Reaular Meetina of the Citv Council - March 9, 2000 - Paae 5 Motion approved by roll call vote. Aye: 6 Nays: 0 Burd - aye, Sowinski - aye, Anderson - aye, Dockstader - aye, Sticka - aye, Spears - aye. (RESOLUTION) 2000 -5 MFT RESOLUTION - COUNTRYSIDE PARKWAY PLAN APPROVAL A motion was made by Alderman Sowinski to approve the construction plans for the project "Countryside Parkway Roadway Improvements ", designated as Section 99- 00021- 00 -FP, and to authorize the Mayor and City Clerk to sign the plans on behalf of the United City of Yorkville; seconded by Alderman Dockstader. Motion approved by roll call vote. Aye: 6 Nays: 0 Sowinski - aye, Anderson - aye, Dockstader - aye, Sticka - aye, Spears - aye, Burd - aye. (RESOLUTION) 2000 -7 MOTOR FUEL TAX APPROPRIATION RESOLUTION A motion was made by Alderman Sowinski to approve the Motor Fuel Tax Appropriation Resolution for the amount of $80,000.00 for construction of the Countryside Parkway Roadway Improvements, designated as Section No. 99- 00021 -00 -FP and to authorize the Mayor and City Clerk to execute the MFT Resolution on behalf of the United City of Yorkville; seconded by Alderman Dockstader. Motion approved by roll call vote. Aye: 6 Nays: 0 Anderson - aye, Dockstader - aye, Sticka - aye, Spears - aye, Burd - aye, Sowinski - aye. (RESOLUTION} 2000 -6 BLACKBERRY CREEK WATERSHED MANAGEMENT PLAN A motion was made by Alderman Sowinski to accept a proposal from Walter E. Deuchler Associates, Inc. to provide aerial photography forthe project "Blackberry Creek Interceptor Sewer Extension" for an estimated cost of $5,000.00 and to authorize the Mayor and City Clerk to execute the proposal on behalf of the United City of Yorkville; seconded by Alderman Anderson. There was discussion on a not exceed amount of $6,000.00. Alderman Anderson withdrew his second. The motion was then restated. A motion was made by Alderman Sowinski to accept a proposal from Walter E. Deuchler Associates, tnc. to provide aeriat photography for the project "Blackberry Creek Interceptor Sewer Extension" for an estimated cost of not to exceed $6,000.00 and to authorize the Mayor and City Clerk to execute the proposal on behalf of the United City of Yorkville; seconded by Alderman Anderson. Motion approved by roll call vote. Aye: 6 Nays: 0 Dockstader - aye, Sticka - aye, Spears - aye, Burd - aye, Sowinski - aye, Anderson - aye. ECONOMIC DEVELOPMENT COMMITTEE REPORT (ORDINANCE) 2000 -3 WINDHAM HOMES ANNEXATION APPROVAL A motion was made by Alderman Sticka to approve the annexation of the subdivision along West Fox Road to be known as Fox River Estates; seconded by Alderman Sowinski. Motion approved by roll call vote. Aye: 6 Nays: 0 Sticka - aye, Spears -aye, Burd - aye, Sowinski - aye, Anderson - aye, Dockstader - aye. (ORDINANCE) 2000 -4 WINDHAM HOMES ANNEXATION AGREEMENT A motion was made by Alderman Sticka to authorize the Mayor and City Clerk to execute the annexation agreement for the property known as Fox River Estates PC 99 -10; seconded by Alderman Anderson. Motion approved by roll call vote. Aye: 7 Nays: 0 Spears - aye, Burd - aye, Sowinski - aye, Anderson - aye, Dockstader - aye, Sticka - aye, Mayor Prochaska - aye. i Minutes of the Reaular Meeting of the Citv Council - March 9. 2000 - Paae 6 1 1 WINDHAM HOMES /FOX RIVER ESTATES REZONING A motion was made by Alderman Sticka to approve the rezoning for the property known as Fox River Estates from Kendall County "A" Agriculture to United City of Yorkville R -2 single family; seconded by Alderman Sowinski. Motion approved by roll call vote. Aye: 6 Nays: 0 Spears - aye, Burd - aye, Sowinski - aye, Anderson - aye, Dockstader - aye, Sticka - aye. WINDHAM HOMESIFOX RIVER ESTATES PRELIMINARY PLAN APPROVAL A motion was made by Alderman Sticka to approve the Preliminary Plan for the property known as Fox River Estates, subject to City Engineering recommendations being complied with; seconded by Alderman Anderson. Motion approved by roll call vote. Aye: 6 Nays: 0 Spears - aye, Burd - aye, Sowinski - aye, Anderson - aye, Dockstader - aye, Sticka - aye. WINDHAM HOMES /FOX RIVER ESTATES - RAILROAD CROSSING A motion was made by Alderman Sticka to authorize the Mayor and City Clerk to execute easement agreements with railnet; seconded by Alderman Sowinski. Motion approved by roll call vote. Ayes: 6 Nays: 0 Burd - aye, Sowinski - aye, Anderson - aye, Dockstader - aye, Sticka - aye, Spears - aye. (ORDINANCE} 2000 -5 WALKER RECAPTURE ORDINANCE AND AGREEMENT FOR OVER SIZING WATER AND SANITARY SEWER LINES A motion was made by Alderman Sticka to approve the Recapture Ordinance and Agreement prorating the-cost of construction of over sizing water and sanitary sewer-lines benefitting property in the United City of Yorkville along Route 47 currently owned by Walker Custom Homes, Inc. and to authorize the Mayor and City Clerk to execute said Agreement; seconded by Alderman Dockstader. _ Motion approved by roll call vote. Ayes: 6 Nays: 0 Sowinski - aye, Anderson - aye, Dockstader - aye, Sticka - aye, Spears - aye, Burd - aye. (ORDINANCE) 2000 -6 WALKER RECAPTURE ORDINANCE AND AGREEMENT FOR OVER SIZING STORM SEWER LINES A motion was made by Alderman Sticka to approve the Recapture Ordinance and Agreement prorating the cost of construction of over sizing storm -sewer -fines benefitting -property in the United City of Yorkville along Route 47 currently owned by Walker Custom Homes, Inc. and to authorize the Mayor and City Clerk to execute said Agreement; seconded by Alderman Dockstader. Motion approved by roll call vote. Ayes: 6 Nays: 0 Anderson - aye, Dockstader - aye, Sticka - aye, Spears - aye, Burd - aye, Sowinski - aye. WALKER INDEMNIFICATION AGREEMENT CONCERNING WATER & SANITARY SEWER AND STORM SEWER RECAPTURE AMOUNT A motion was made by Alderman Sticka to approve the Walker Custom Homes, Inc. Indemnification Agreement concerning water and sanitary sewer and storm sewer recapture amount; seconded by Alderman Sowinski. Motion approved by roll call vote. Ayes: 6 Nays: 0 Dockstader - aye, Sticka - aye, Spears - aye, Burd --aye, Sowinski - aye, Anderson - aye. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE MINUTES FOR ACCEPTANCE A motion was made by Alderman Anderson to accept the Administration Committee minutes from the meeting of February 8, 2000; seconded by Alderman Sowinski. Motion approved by roll call vote. I Minutes of the Regular Meeting of the Citv Council - March 9, 2000 - Page 7 ADDITIONAL BUSINESS j Chief Graff stated since the meeting tonight was so busy, Molly and Kim left and said they would be back next week to take pictures for the WebSite. He also passed out forms for the City Council to fill out for the WebSite. EXECUTIVE SESSION In the Executive Session the following individuals will be included, Attorney Kramer, Treasurer Allen, City Clerk Simmons, Alderman Spears, Alderman Burd, Alderman Anderson, Alderman Dockstader, Alderman Sticka, Alderman Sowinski and Mayor Prochaska. No formal action will be taken. A motion was made by Alderman Sowinski to go into Executive Session at 8:25 p.m. for the purpose of collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees; seconded by Alderman Sticka. Motion approved by roll call vote. Ayes: 6 Nays: 0 Spears - aye, Burd - aye, Sowinski - aye, Anderson - aye, Dockstader - aye, Sticka - aye. A motion was made by Alderman Sowinski to go out of Executive Session at 9:49 p.m.; seconded by Alderman Sticka. Motion approved by roll call vote. Ayes: 6 Nays: 0 Spears - aye, Burd - aye, Sowinski - aye, Anderson - aye, Dockstader - aye, Sticka - aye. No formal action was taken. ADJOURNMENT A motion was made by Alderman Anderson to adjourn the meeting at 9:50 p.m.; seconded by Alderman Spears. Motion approved by viva voce vote. By. Deborah K. Simmons, City Clerk City of Yorkville, Illinois i I I CITY COUNCIL MEETING PLEASE SIGN IN! - 1 ADDRESS: J � 1 AO cK G'�L- 7 l ,A nl K- r_ Vol GU/`NSer L4Ne vokl vorl 3 4 4 0441 'r C V ,P)vv Vaz"x y ro,69 / fj S c Y Lm << CITY COUNCIL AHETING 3 - 9 PLEASE SIGN IN! l t V " ! � - K- � A J ADDRESS: v ept , C/vl11� - -4TJ4 -v,4 � Fa Y o (k L (/,- i