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City Council Minutes 2000 08-10-00 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. AUGUST 10. 2000. Mayor Prochaska called the meeting to order at 7:04 p.m. and led the Council in the Pledge of Allegiance. i i ROLL CALL Clerk Simmons called the roll. Ward I Vacant Sticka Present Ward II Burd Absent Kot Present 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 None. COMMITTEE MEETING DATES _ Public Works Committee 6:45 PM, Monday, August 21, 2000 City of Yorkville Conference Room f 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 22, 2000 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 6:30 P.M., Tuesday, September 12, 2000 City of Yorkville Conference Room 800 Game Farm Road CITIZENS COMMENTS None. PUBLIC HEARING PC 99 -11 COURTHOUSE SQUARE. ARTHUR SHERIDAN & ASSOCIATES A motion was made by Alderman Sowinski to go into Public Hearing for PC 99 -11 Courthouse _ Square, Arthur Sheridan & Associates, petitioner request to annex into the United City of Yorkville and re -zone from 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 Kot. Motion approved by a roll call vote: Ayes: 6 Nays: 0 Dockstader -aye, Sticka -aye, Kot -aye, Spears -aye, Sowinski -aye, Anderson -aye Petitioner Arthur Sheridan stated that he is before the City Council for approval of the annexation and re- zoning of the property known as Courthouse Square. He said nothing has changed since the last meeting. He said this is subject to the annexation agreement, with attachments, which I� i Minutes of the Reaular Meeting of the Citv Council - Auaust 10. 2000 - Paae 2 calls for a 16, 000 square foot retail building on the south portion and a 9,000 square foot office building. He asked the City Council for approval as presented. Mayor Prochaska asked if there were any citizens comments. Martha Price, 29 Hickory Lane, Yorkville, Illinois asked if the version of the PUD was the same as the copy she received at 11:30 today. The reply was yes. Mayor Prochaska brought attention to page 2. He said because the underlying zoning would be office, any additional uses requested would require a Public Hearing and all of the adjacent residents would be notified. Kyle Price, 29 Hickory Lane, Yorkville, Illinois stated he had a problem with the one of the business uses for tobacco and cigar sales. He said this sends the wrong message for a community with a DARE Program. Alderman Sticka stated cigarettes are available all over Yorkville. He said permitting the sales is not endorsing the use of tobacco. Mayor Prochaska stated the city does check to make sure tobacco is not being sold to minors. Alderman Dockstader stated we have had businesses that have been fined, so we are enforcing the laws. He said we can't refuse the sale of tobacco because it is legal. Mayor Prochaska stated that we will take the comment under advisement. Verne Henne made comment on the past water problems. He said he did not understand the re- capture fee. Jim Nanninga stated that they are running two water main stubs perpendicular to the road over to Mr. Henne's property. He said he does not see any recapture to Mr. Henne because typically owners have to take it to the far edge of the property. Mr. Henne asked if this project is started as a project will it be completed as a project. Mr. Sheridan stated he will be getting permits per building. Bob Black asked if he wanted to annex into the city would he be subject to a recapture fee. Mayor Prochaska and Jim Nanninga answered Mr. Black's question stating the water main running along Cannonball Trail does have recapture. Verne Henne asked if Mr. Sheridan gets individual permits will he complete the property, will the landscaping be completed. Mayor Prochaska stated the city requires a bond and would hold a letter of credit for two years for landscaping. A motion was made by Alderman Sticka to go out of Public Hearing; seconded by Alderman Dockstader. Motion approved by a roll call vote. Ayes: 6 Nays: 0 Sticka -aye, Kot -aye, Spears -aye, Sowinski -aye, Anderson -aye, Dockstader -aye. i PLANNING COMMISSION /ZONING BOARD OF APPEALS /SIGN REVIEW BOARD Alderman Sticka gave an update on the Plan Commission meeting. He stated there were two public hearings. He said one was on PC 2000 -13, the property is near the corner of Route 47 and 34. He said they wanted to reduce the amount of R -4 and increase the amount of B -3 to accommodate a planned use that would involve changing the route of Landmark Avenue. He said there were no public comments. He said the other Public Hearing was PC 2000 -14, property near Route 34 and Eldamain, request to annex and rezone from County A -1 to business B -3. i Minutes of the Regular Meeting of the Citv Council - Auaust 10. 2000 - Pane 3 He said the only comment was from a letter from Mr. Hammen, commenting not to grant all B -3 use. He said Cannonball Estates Unit 1 was approved by a vote of 8 to 0. He said PC 2000 -13 was approved, PC 2000 -14 was approved for annexation and zoning. MINUTES FOR APPROVAL Mayor Prochaska made a clarification of the explanation on page 7 of the COW minutes of July 20, 2000. Alderman Spears made a correction on the City Council minutes dated July 27, 2000. Page 3 under Community & Liaison Reports, should read "She said Piano's school board passed the City's resolution." A motion was made by Alderman Spears to approve the minutes of the City Council meeting of j July 27, 2000 and the COW minutes of July 20, 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 bills from the bill list dated August 4, j 2000, checks in the amount of $120,841.17 (vendor), $86,247.30 (payroll), total $207,088.47; seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes: 6 Nays: 0 Kot -aye, Spears -aye, Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye. REPORTS ATTORNEY'S REPORT No report. MAYOR'S REPORT Mayor Prochaska made recognition of Luann Erickson for her retirement after 25 years of service. I Mayor Prochaska read a letter from a resident on E. Washington Street commending the street department crew. He read a letter from a resident of Hamshire, Illinois commending Sargent Schwartzkopf and Investigator Klingel for coming out to help him because he locked his keys in his car. He donated $50.00 which will be put towards safety helmets for kids. He read a letter from the Countryside Center Merchants Association thanking John Sleezer, Scott Sleezer and Matt Seng and all who participated in Touch a Truck. Mayor Prochaska gave an update on the dam. He said he wrote a letter to the Illinois Department of Natural Resources and received a response. He said the response was that the study should be completed sometime towards the end of the month. He said one of the citizens on Improve the Dam got a letter from Governor Ryan's office saying the Department of Natural Resources would look at the environmental and economic impacts before making any decisions on improving or removing the dam. Mayor Prochaska reminded everyone of the Industrial Park meeting August 30 at 7:00 p.m. CITY CLERK'S REPORT No report. i CITY TREASURER'S REPORT No report. CITY ADMINISTRATOR'S REPORT Jim Nanninga stated the Seal Coat Program is complete. State Street hill asphalt patch and landscaping is complete. He said the cities crew did the work and looks great. He said early next week Monday or Tuesday will be starting Mill Street sidewalk. I Minutes of the Reaular Meeting of the Citv Council - Auaust 10, 2000 - Paae 4 Mayor Prochaska asked about the over spray problem. Jim Nanninga said when some of the seal coating was being done an open manhole was accidently seal coated and some of it got into the storm sewer and got into the river. He said the fire department was called right away and they were able to absorb almost all of it. They thought it was about a gallon that got to the river and the fire department was able to get all but a quart of it. He said until there is a 25 gallon spill it does not have to be reported. He said Aurora Blacktop will be paying for the service. CHIEF OF POLICE REPORT Chief Graff stated Freeman Sports was the one that called in the overspill. Chief Graff stated the fence is completed at the Skate Park and it is a lock down. He said all donators on the list will be produced next week. He said they are trying for opening the skate park Saturday. He said the DARE Car won another plaque in Morris. He said he put a draft of the Discrimination and Harassment Policy in everyone's boxes. He said the Public Safety Department entered into a International Symposium on School violence and was selected to appear at the Symposium in France in March. He said they have submitted to the COPS office a request for funds to send some of the kids over to give a presentation. COMMUNITY & LIAISON REPORTS Mayor Prochaska stated the Economic Development Corporation met. He said they hope to have a director in September. OLD BUSINESS Mayor Prochaska stated he received the original resolution from the Plano School Board. He presented it to the City Clerk for filing. NEW BUSINESS None. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT (RESOLUTION) 2000 -17 ACCEPT STRUCTURE FOR THE RIVER FRONT A motion was made by Alderman Sowinski to approve the resolution accepting the structure donated by Property Concepts, Inc. valued at $45,386.00 and to sincerely thank Property Concepts for this generous donation; seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes: 6 Nays: 0 Spears -aye, Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye, Kot -aye. ECONOMIC DEVELOPMENT COMMITTEE REPORTS (ORDINANCE) 2000 -43 PC 1999 -11 COURTHOUSE SQUARE APPROVE ANNEXATION AND ZONING A motion was made by Alderman Sticka to approve the annexation and zoning of the Courthouse Square Development to "O" Office District Planned Unit Development subject to the terms and conditions contained in the Annexation /PUD agreement for PC 1999 -11 as legally described in said Agreement; seconded by Alderman Sowinski. Motion approved by a roll call vote. Ayes: 6 Nays: 0 Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye, Kot -aye, Spears -aye. (ORDINANCE) 2000 -44 PC 1999 -11 COURTHOUSE SQUARE AUTHORIZE EXECUTION OF ANNEXATION /PUD AGREEMENT A motion was made by Alderman Sticka to authorize the Mayor and City Clerk to execute the Annexation /Planned Unit Development Agreement for PC 1999 -11, Courthouse Square as presented; seconded by Alderman Sowinski. Minutes of the Reaular Meetinq of the Citv Council - Auaust 10. 2000 - Paae 5 Motion approved by a roll call vote. Ayes: 7 Nays: 0 Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye, Kot -aye, Spears -aye, Mayor - aye. PUBLIC SAFETY COMMITTEE REPORTS MAY AND JUNE 2000 POLICE REPORTS A motion was made by Alderman Kot to accept the May and June 2000 monthly police reports as presented; seconded by Alderman Sowinski. Motion approved by viva voce vote. (RESOLUTION) 2000 -18 REVISED POLICE DEPARTMENT CLERK POSITION A motion was made b Alderman Kot to approve the Resolution creating the additional position of Y PP 9 p a Part-Time Police Clerk and authorizing the hiring of said Part-Time Police Clerk in the United City of Yorkville at the salary rate schedule of $10.00 per hour; seconded by Alderman Sowinski. Motion approved by a roll call vote. Ayes: 6 Nays: 0 Dockstader -aye, Sticka -aye, Kot -aye, Spears -aye, Sowinski -aye, Anderson -aye. RACIAL PROFILING & DISCRIMINATORY PRACTICES POLICY A motion was made by Alderman Kot to accept General Order 00 -0003, Racial Profiling /Discriminatory Practices as presented; seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes: 6 Nays: 0 Sticka -aye, Kot -aye, Spears -aye, Sowinski -aye, Anderson -aye, Dockstader -aye. ILLINOIS LIQUOR COMMISSION - TOBACCO GRANT CONTRACT A motion was made by Alderman Kot to authorize the Mayor to sign and execute the Contract Agreement for Services with the State of Illinois Liquor Control Commission in regards to the Tobacco Enforcement Program in the amount of $2,040.00; seconded by Alderman Anderson. Motion approved by a roll call vote. Ayes: 6 Nays: 0 Kot -aye, Spears -aye, Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye. ADMINISTRATION COMMITTEE REPORTS (RESOLUTION) 2000 -18 RESOLUTION ESTABLISHING NOW CHECKING ACCOUNT AT CASTLE BANK A motion was made by Alderman Anderson to approve the Resolution authorizing the establishment of a NOW checking account at Castle Bank Yorkville; seconded by Alderman Dockstader. Motion approved by a roll call vote. Ayes: 6 Nays: 0 Kot -aye, Spears -aye, Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye. ADDITIONAL BUSINESS Alderman Sticka asked about the additional cost of the shelving and drywall for the storage area and how it is being handled. Jim Nanninga stated that some of our own workers will be hanging the drywall so we can stay within the $9,000.00. Alderman Sticka made a comment on the significant drug bust made last week and how the canine unit proved its worth. He said the driver of the car pointed out the drugs when he realized there was a dog. Alderman Kot stated once the word gets out that we have a canine unit there will be less and less illegal narcotics in our town. Alderman Spears commended the officer also. Arthur Sheridan thanked the City Council and staff for working with him. I Minutes of the Regular Meetinq of the Citv Council - Auaust 10. 2000 - Pane 6 ADJOURNMENT A motion was made by Alderman Sticka to adjourn the meeting at 8:00 p.m.; seconded by Alderman Dockstader. Motion approved by viva voce vote. I By: Deborah K. Simmons, City Clerk City of Yorkville, Illinois CITY COUNCIL MEETING PLEASE SIGN IN! NAME, ADDRESS: AAAu -�- C7 Al t L