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City Council Minutes 2000 07-27-00 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. JULY 27. 2000. Mayor Prochaska called the meeting to order at 7:08 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Simmons called the roll. Ward I Callmer Present i -- Sticka Present Ward II Burd Present (left at 8:05) Kot Present Ward III Anderson Present Dockstader Absent (arrived at 7:20) 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 Alderman Anderson added a resolution for a new bank account. i Mayor Prochaska stated because the resolution was not on the agenda, State Statute does not allow it to be added as an amendment to the agenda for taking action on. Alderman Sticka stated under Economic Development Committee Reports, PC 2000 -08 Carolyn Herrin, petitioner is being table to the August 10, 2000 City Council meeting. COMMITTEE MEETING DATES Public Works Committee 6:45 PM, Monday, August 14, 2000 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Tuesday, August 15, 2000 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M., Tuesday, August 29, 2000 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 6:30 P.M., Tuesday, August 8, 2000 City of Yorkville Conference Room 800 Game Farm Road CITIZENS COMMENTS None. PUBLIC HEARING PC 1999 -11 COURTHOUSE SQUARE, ARTHUR SHERIDAN & ASSOCIATES PETITIONER A motion was made by Alderman Sticka to go into Public Hearing for PC 1999 -11, Courthouse Square, ArthurSheridan & Associates, petitioner request to annex into the United City of Yorkville and re -zone form Kendall County R -3 Single Family to City of Yorkville "O" Office with a PUD. The property is located on the northeast corner of Cannonball Trail and U.S. Route 34; seconded by Alderman Spears. I Minutes of the Reqular Meeting of the Citv Council - July 27. 2000 - Page 2 Motion carried by a roll call vote. Ayes: 7 Nays: 0 i Sticka -aye, Callmer -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye. A motion was made by Alderman Callmer to table the Public Hearing for PC 1999 -11 to August 10, 2000 City Council meeting; seconded by Alderman Sticka. i Motion carried by a roll call vote. Ayes: 7 Nays: 0 Sticka -aye, Callmer -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye. A motion was made by Alderman Sticka to go out of Public Hearing for PC 1999 -11; seconded by Alderman Spears. Motion carried by a roll call vote. Ayes: 7 Nays: 0 Callmer -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Sticka -aye. PC 2000 -09 KENDALL NEW CENTURY DEVELOPMENT. L.L.C. (ENRON) PETITIONER A motion was made by Alderman Callmer to go into Public Hearing for PC 2000 -09 Kendall New Century Development, L.L.C. (Enron) petitioner request to annex into the United City of Yorkville and re -zone from Kendall County "A" Agriculture to United City of Yorkville M -2 General Manufacturing Zoning upon becoming contiguous; seconded by Alderman Kot. Motion carried by a roll call vote. Ayes: 7 Nays: 0 Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Sticka -aye, Callmer -aye. Attorney Kramer stated the annexation agreement was worked on at the last Committee of the Whole meeting. He said there were a couple of typographical changes and language changes. He said we want to make sure the annexation agreement includes a clause for utility tax purposes. He said we also want to include a clause for whatever portion of Corneils Road that is annexed into the City, they would pay for whatever repairs are needed. A question was asked about an agreement between Enron and the Bristol Sanitary District and Attorney Kramer stated that they were arranging a meeting. There were no public comments. A motion was made by Alderman Sticka to close the Public Hearing for PC 2000 -09; seconded by Alderman Spears. Motion carried by a roll call vote. Ayes: 7 Nays: 0 Present: 1 Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Dockstader - present, Sticka -aye, Callmer -aye, Kot -aye. PC 2000 -10 MICHAEL & TAMARA ROSENWINKEL PETITIONER A motion was made by Alderman Sticka to go into Public Hearing for PC 2000 -10 Michael and Tamara Rosenwinkel petitioners request to annex into the United City of Yorkville and re -zone from Kendall County "A" Agriculture to United City of Yorkville M -1 Limited Manufacturing with B -3 Service Business District uses. The property is located on the southeast corner of Corneils Road and Beecher Road in unincorporated Kendall County; seconded by Alderman Anderson. Motion carried by a roll call vote. Ayes: 8 Nays: 0 Burd -aye, Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye, Callmer- aye, Kot -aye, - Spears -aye. Attorney Kramer gave a brief description of the request. He said the annexation agreement was accepted at Committee of the Whole. There were no Public Comments. A motion was made by Alderman Spears to close the Public Hearing for PC 2000 -10; seconded by Alderman Burd. Minutes of the ReQuIar Meeting of the Citv Council - July 27, 2000 - Paue 3 Motion carried by a roll call vote. Ayes: 8 Nays: 0 Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye, Callmer -aye, Kot -aye, Spears -aye, Burd -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 minutes of the City Council meeting of June 22, 2000 and July 13, 2000; seconded by Alderman Sticka. Motion approved by viva voce vote. A motion was made by Alderman Sowinski to approve the minutes of the Committee of the Whole meeting of July 6, 2000; seconded by Alderman Sticka. Motion approved by viva voce vote. BILLS FOR APPROVAL Alderman Sowinski raised a question on page 13 of the bill list. He requested that invoice 63000 for Countryside True Value Hardware ($1,496.28) be held up for payment for further research. A motion was made by Alderman Anderson to approve the bills from the bill list dated July 25, 2000, checks in the amount of $454,509.71 (vendor), $94,703.58 (payroll), total $549,213.29; seconded by Alderman Sowinski. Motion approved by roll call vote. Ayes: 8 Nays: 0 Sticka -aye, Callmer -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Dockstader -aye. REPORTS ATTORNEY'S REPORT No report. MAYOR'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTRATOR'S REPORT Administrator Nanninga reported on the following projects. Naden Court is complete; the audit is complete; Eldamain and the East parking lot will have to be shut down Monday, Tuesday and Wednesday to do the seal coat work; Beaver Street is complete; Saturday they will be laying brick with volunteers at the skate park; the old used car dealer on McHugh and Route 34 is scheduled for demolition tomorrow; State Street hill concrete gutters are completed. CHIEF OF POLICE REPORT No report. COMMUNITY & LIAISON REPORTS Alderman Spears stated she attended two school board meetings, Plano and Yorkville. She said Piano's school board passed the City's Resolution Minutes of the Regular Meeting of the City Council - July 27, 2000 - Page 4 Alderman Burd stated she attended the Aurora Area Convention Bureau meeting. She stated they passed a new marketing plan for the year 2001. She said the Facade Committee awarded $5,376.28 to Freeman Sports. She said they also agreed with St. Joseph's Cabinets to leave their facade natural instead of painting it a cream color. She said one of the Facade Committee members is resigning and they will be looking for someone to replace her as a business liaison. Alderman Sowinski stated he attended the Park Board meeting. He said one of the topic's of discussion was to open up the lines of communication between the City Council and the Park Board regarding the width of the trails existing in Prairie Garden. He said it was suggested to him that the motion be tabled. He said he considered it but has had second thoughts being this process is in so deep. He said he would like it to be known that the Park Board would like to make a presentation, but they are not prepared at the present time. There was also comments and questions regarding this being referred to Public Safety and if there is a master plan for the trails. Mayor Prochaska stated Sue Swithin should have some. Alderman Callmer stated last week there was a group of girls from Yorkville called the Rebels, who won the Aurora City League Championship. OLD BUSINESS Mayor Prochaska thanked Alderman Burt Callmer for serving on the City Council and wished him well on his future endeavors. Alderman Callmer thanked everyone as well. Mayor Prochaska stated he has had some response from people interested in taking Alderman Callmer's place. NEW BUSINESS None. I COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT APPROVAL OF WATER SUPPLY STUDY BY ENGINEERING ENTERPRISES A motion was made by Alderman Sowinski to approve the Water Works System Needs Assessment and Project Plan as prepared by Engineering Enterprises, Inc. for the United City of Yorkville; seconded by Alderman Sticka. Mayor Prochaska stated we need a plan like this in place in order for the city to look for any grant money. There were questions, comments and discussion. Motion approved by a roll call vote. Ayes: 8 Nays: 0 Callmer -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye. - COUNTRYSIDE PARKWAY IMPROVEMENTS - CHANGE ORDER #1 A motion was made by Alderman Sowinski to approve Change Order Number 1 for the "Countryside Parkway Improvements" projectwhich is a reduction of $1,790.76 to the contract and to authorize the Mayor and City Clerk to execute said Change Order on behalf of the United City of Yorkville; seconded by Alderman Dockstader. Motion approved by a roll call vote. Ayes: 8 Nays: 0 Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye, Callmer -aye. I Minutes of the Regular Meetinq of the City Council - July 27, 2000 - Page 5 APPROVAL FOR PAYMENT TO YBSD A motion was made by Alderman Sowinski to approve payment of $19,144.00 to the Yorkville Bristol Sanitary District for 50% of the cost for a Facility Planning Document as budgeted; seconded by Alderman Dockstader. Motion approved by a roll call vote. Ayes: 8 Nays: 0 Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye, Callmer -aye, Kot -aye. ECONOMIC DEVELOPMENT COMMITTEE REPORTS (ORDINANCE) 2000 -35 PC 2000 -01 PRAIRIE GARDENS - APPROVE ANNEXATION A motion was made by Alderman Sticka to approve the annexation of the Robert and Ildefonsa Loftus parcel as legally described in the Annexation /PUD Agreement for PC 2000 -01; seconded by Alderman Sowinski. Motion approved by a roll call vote. Ayes: 8 Nays: 0 Burd -aye, Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye, Callmer -aye, Kot- aye, Spears -aye. PC 2000 -01 PRAIRIE GARDENS APPROVE ZONING OF A PORTION OF THAT PARCEL AS B -3 SERVICE BUSINESS DISTRICT A motion was made by Alderman Sticka to zone a portion of that parcel as B -3 Service Business District as legally described in the Annexation /PUD Agreement for PC 2000 -01; seconded by Alderman Sowinski. Motion approved by a roll call vote. Ayes: 8 Nays: 0 Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye, Callmer -aye, Kot -aye, Spears -aye, Burd -aye. PC 2000 -01 PRAIRIE GARDENS APPROVE ZONING OF A PORTION OF THAT PARCEL AS R -3 GENERAL RESIDENCE DISTRICT A motion was made by Alderman Sticka to zone a portion of that parcel as R -3 General Residence District as legally described in the Annexation /PUD Agreement for PC 2000 -01; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes: 8 Nays: 0 Anderson -aye, Dockstader -aye, Sticka -aye, Callmer -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye. (ORDINANCE) 2000 -36 PC 2000 -01 PRAIRIE GARDENS APPROVE ANNEXATION /PUD AGREEMENT A motion was made by Alderman Sticka to authorize the Mayor and City Clerk to execute the Annexation /PUD Agreement as presented; seconded by Alderman Sowinski. Motion approved by a roll call vote. Ayes: 9 Nays: 0 Dockstader -aye, Sticka -aye, Callmer -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Mayor -aye. PC 2000 -01 PRAIRIE GARDENS APPROVE PRELIMINARY PLAT A motion was made by Alderman Sticka to approve the Preliminary Plat of Subdivision of Prairie Gardens Subdivision subject to Engineering approval; seconded by Alderman Sowinski. Motion approved by a roll call vote. Ayes: 8 Nays: 0 Sticka -aye, Callmer -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Dockstader -aye. (ORDINANCE) 2000 -37 PC 1999 -07 NELSON POTTINGER APPROVE ANNEXATION A motion was made by Alderman Sticka to approve the annexation of the Nelson Pottinger parcel, PC 1999 -07, as legally described in the Annexation Agreement; seconded by Alderman Sowinski. I Minutes of the Regular Meeting of the City Council - July 27, 2000 - Page 6 Motion approved by a roll call vote. Ayes: 8 Nays: 0 Callmer -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Dockstader - aye, Sticka -aye. PC 1999 -07 NELSON POTTINGER APPROVE ZONING TO B -3 SERVICE BUSINESS DISTRICT _ A motion was made by Alderman Sticka to zone the front 800 feet from Illinois Route 47 of PC 1999 -07 to B -3 Service Business District as legally described in the Annexation Agreement; seconded by Alderman Sowinski. Motion approved by a roll call vote. Ayes: 8 Nays: 0 Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye, Callmer -aye. PC 1999 -07 NELSON POTTINGER APPROVE ZONING TO R -2 ONE FAMILY RESIDENCE DISTRICT A motion was made by Alderman Sticka to zone the remaining portion of PC 1999 -07 as R -2 One Family Residence District as legally described in the Annexation Agreement; seconded by Alderman Sowinski. Motion approved by a roll call vote. Ayes: 8 Nays: 0 Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye, Callmer- aye, Kot -aye. (ORDINANCE) 2000 -38 PC 1999 -07 NELSON POTTINGER APPROVE EXECUTION OF THE ANNEXATION AGREEMENT A motion was made by Alderman Sticka to authorize the Mayor and City Clerk to execute the Annexation Agreement for PC 1999 -07 as presented; seconded by Alderman Sowinski. Motion approved by a roll call vote. Ayes: 9 Nays: 0 Burd -aye, Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye, Callmer -aye, Kot- aye, Spears -aye, Mayor -aye. (ORDINANCE) 2000 -39 PC 2000 -09 KENDALL NEW CENTURY DEVELOPMENT APPROVE ANNEXATION AND ZONING A motion was made by Alderman Sticka to approve the annexation and zoning of the Kendall New Century Development, L.L.C. parcel, PC 2000 -09, to M -2 General Manufacturing District upon contiguity as legally described in the Annexation Agreement; seconded by Alderman Sowinski. Motion approved by a roll call vote. Ayes: 8 Nays: 0 Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye, Callmer -aye, Kot -aye, Spears - aye, Burd -aye. (ORDINANCE) 2000 -40 PC 2000 -09 KENDALL NEW CENTURY DEVELOPMENT. APPROVE EXECUTION OF THE ANNEXATION AGREEMENT. A motion was made by Alderman Sticka to authorize the Mayor and City Clerk to execute the Annexation Agreement for PC 2000 -09, contingent upon conformance of the language to include maintenance of Corneils Road within the city limits and to verify that Utility Tax would be charged for ordinary office operation of utilities; seconded by Alderman Sowinski. Motion approved by a roll call vote. Ayes: 9 Nays: 0 Anderson -aye, Dockstader -aye, Sticka -aye, Callmer -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Mayor -aye. (ORDINANCE) 2000 -41 PC 2000 -10 MICHAEL & TAMARA ROSENWINKEL APPROVE ANNEXATION AND ZONING, A motion was made by Alderman Sticka to approve the annexation and zoning of the Michael and Tamara Rosenwinkel parcel, PC 2000 -10 to M -1 Limited Manufacturing District with B -3 Service Business District uses permitted as legally described in the Annexation Agreement; seconded by Alderman Sowinski. II Minutes of the Regular Meeting of the Citv Council - July 27, 2000 - Page 7 Motion approved by a roll call vote. Ayes: 8 Nays: 0 Dockstader -aye, Sticka -aye, Callmer -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye. I (ORDINANCE) 2000 -42 PC 2000 -10 MICHAEL & TAMARA ROSENWINKEL APPROVE EXECUTION OF THE ANNEXATION AGREEMENT A motion was made by Alderman Sticka to authorize the Mayor and City Clerk to execute the Annexation Agreement for PC 2000 -10 as presented; seconded by Alderman Sowinski. - Motion approved by a roll call vote. Ayes: 9 Nays: 0 Sticka -aye, Callmer -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Dockstader -aye, Mayor -aye. I PC 2000 -12 YORKVILLE BUSINESS PARK - FINAL PLAT A motion was made by Alderman Sticka to approve the Final Plat for Unit 2 of the Yorkville Business Park conditional upon payment of all fees, posting Public Improvement Securities in the amount of $187,100.00 and conforming to the Final Plat concerns of the City Engineer and to authorize the Mayor and City Clerk to execute said Final Plat on behalf of the United City of Yorkville; seconded by Alderman Callmer. Motion approved by a roll call vote. Ayes: 8 Nays: 0 Callmer -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Dockstader - aye, Sticka -aye. PUBLIC SAFETY COMMITTEE REPORTS. No report. ADMINISTRATION COMMITTEE REPORTS. No report. ADDITIONAL BUSINESS None. EXECUTIVE SESSION A motion was made by Alderman Kot to go into Executive Session at 8:05 p.m., for 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 Anderson. Formal Action is expected to be taken. Motion approved by a roll call vote. Ayes: 7 Nays: 0 Kot -aye, Spears -aye, Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye, Callmer- aye. The following individuals are to be present in the Executive Session; Mayor Prochaska, Alderman Kot, Spears, Sowinski, Anderson, Dockstader, Sticka, Callmer, City Administrator Nanninga, City Treasurer Allen, Police Chief Graf and City Clerk Simmons. A motion was made by Alderman Callmer to go out of Executive Session at 8:40 p.m.; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes: 7 Nays: 0 Spears -aye, Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye, Callmer -aye, Kot- aye YORKVILLE FOP LABOR AGREEMENT, A motion was made by Alderman Kot to approve the tentative FOP Labor Agreement as presented and to instruct our Labor Attorney Robert Smith to amend the current Yorkville FOP Labor Agreement which will be extended until April 30, 2004 with the tentative agreement changes incorporated into the new agreement; seconded by Alderman Sticka. I Minutes of the Reqular Meetin4 of the City- Council - July 27, 2000 - Pa 8 Motion approved by a roll call vote. Ayes: 7 Nays: 0 Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye, Callmer -aye, Kot -aye, Spears - aye. Treasurer Allen requested a motion to approve a check for vacation pay for Officer Glen Calvert. A motion was made by Alderman Anderson to approve a manual check in the amount of $1,228.60 for vacation pay for Officer Glen Calvert; seconded by Alderman Dockstader. Motion approved by a roll call vote. Ayes: 7 Nays: 0 Anderson -aye, Dockstader -aye, Sticka -aye, Callmer -aye, Kot -aye, Spears -aye, Sowinski- aye. Chief Graf announced National Night Out will be having their kick off celebration tomorrow night in conjunction with Music Under The Stars. He said it starts at 5:00 in Town Square Park. He said there will be games and prizes. He said it is hosted by the Citizens Police Academy Alumni and all the neighborhood block captains. ADJOURNMENT A motion was made by Alderman Callmer to adjourn the meeting at 8:44 p.m.; seconded by Alderman Sticka. Motion approved by viva voce vote. By: Deborah K. Simmons, City Clerk City of Yorkville, Illinois I I CITY COUNCIL MEETING PLEASE SIGN IT N.AIYLE ADDRESS: Ar s ►� r 2, ' ai G�2is �joo rlt 333 G(.A - 1 5 - 77 IAO .i X . - 7 - 7oo2 70v laa / NE , 2/q, /V/ . S t 4. © [Db v / L n i vE of Yo OKU k pA il i