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City Council Minutes 2000 09-28-00 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, SEPTEMBER 28. 2000. Mayor Prochaska called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL — Clerk Simmons called the roll. Ward I James Present Sticka Present Ward II Burd Absent (arrived at 7:08 p.m.) Kot Absent (arrived at 7:03 p.m.) 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, October 16, 2000 j{ City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Tuesday, October 17, 2000 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M., Tuesday, October 24, 2000 City of Yorkville Conference Room 800 Game Farm Road Special Meeting with an Executive Session 6:30 P.M., Tuesday, October 3, 2000 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 6:30 P.M., Tuesday, October 10, 2000 City of Yorkville Conference Room 800 Game Farm Road CITIZENS COMMENTS None. PUBLIC HEARING PC 2000 -17 CAROLYN HERREN. PETITIONER REQUESTING, TO ANNEX INTO THE UNITED CITY OF YORKVILLE AND RE -ZONE, FROM KENDALL COUNTY A -1 TO UNITED CITY OF YORKVILLE B -3 A motion was made by Alderman Sticka to go into Public Hearing for PC 2000 -17; seconded by Alderman Dockstader. Motion approved by a roll call vote. Ayes:7 Nays: 0 Dockstader -aye, Sticka -aye, James -aye, Kot -aye, Spears -aye, Sowinski -aye, Anderson -aye. Minutes of the Regular Meetinq of the Citv Council - September 28, 2000 - Page 2 Attorney Kramer stated the property is located on the northeast corner of Route 47 and Corneils Road in unincorporated Kendall County. He said this is one of the number of properties that the City Economic Development Director approached and asked if they would be interested in annexing into the city to encourage industrial type business properties to come into the .city voluntarily. He said Carolyn has agreed to our standard agreement, with a clause that she be able to continue her Ag usage until the property is developed. He said there have been no _ objections in any of the Public Hearings. He said the Plan Commission has recommended this. There were no public comments. A motion was made by Alderman Sticka to go out of Public Hearing; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes: 7 Nays: 0 Sticka -aye, James -aye, Kot -aye, Spears -aye, Sowinski -aye, Anderson -aye, Dockstader - aye. PC 2000 -18 ROBERT KUNICEK, PETITIONER REQUESTING TO ANNEX INTO THE UNITED CITY OF YORKVILLE AND RE -ZONE FROM KENDALL A -1 TO UNITED CITY OF YORKVILLE M -1 A motion was made by Alderman Sticka to go into Public Hearing for PC 2000 -18; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes: 7 Nays: 0 James -aye, Kot -aye, Spears -aye, Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka- aye. Attorney Kramer stated the property is located on the northeast corner of Corneils and Eldamain Roads in unincorporated Kendall County. He said this is the remaining portion of the property that is not being purchased by Enron on the north side of Corneils Road. He said Mr. Kunicek has agreed to our standard annexation agreement. He said the Plan Commission unanimously recommended this. There were no public comments. A motion was made by Alderman Sticka to close the Public Hearing for PC 2000 -18; seconded by Alderman Dockstader. Motion approved by a roll call vote. Ayes: 7 Nays: 0 Kot -aye, Spears -aye, Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye, James - aye. PC 2000 -19 ROBERT & GAIL FISHER, DIANE CONOVER AND JOHN & DELORES LIES PETITIONERS REQUESTING TO ANNEX INTO THE UNITED CITY OF YORKVILLE AND RE -ZONE FROM KENDALL COUNTY A -1 TO UNITED CITY OF YORKVILLE B -3 A motion was made by Alderman Sticka to go into Public Hearing for PC 2000 -19; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes: 8 Nays: 0 Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye, James - aye, Kot -aye. A motion was made by Alderman Sticka to table the Public Hearing and continue it to the November 30, 2000 City Council Meeting; 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, James -aye, Kot -aye, Spears -aye. PLANNING COMMISSION /ZONING BOARD OF APPEALS /SIGN REVIEW BOARD. No report. Minutes of the Reqular Meetinq of the Citv Council - September 28, 2000 - Page 3 MINUTES FOR APPROVAL A motion was made by Alderman Sowinski to approve the City Council Minutes of September 14, 2000; seconded by Alderman Dockstader. Motion approved by a viva voce vote. - A motion was made by Alderman Anderson to approve the minutes of the COW meeting of September 7, 2000; seconded by Alderman Sowinski. Alderman Spears made corrections on page 1 - Corrine Woods name was misspelled, and page 4 under Capitol Projects - should be Congressman Hastert. Alderman Sowinski withdrew his second, Alderman Anderson withdrew his motion. The motion was restated. A motion was made by Alderman Anderson to approve the minutes of the COW meeting of September 7, 2000 as corrected; seconded by Alderman Sowinski. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Anderson to approve the bills from the bill list dated September 22, 2000, checks in the amount of $202,378.74 (vendor), $87,582.92 (payroll), total $289,961.66; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes: 8 Nays: 0 Dockstader -aye, Sticka -aye, James -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye. REPORTS ATTORNEY'S REPORT No report. MAYOR'S REPORT Mayor Prochaska reminded everyone of the change for the COW meeting to Wednesday, October 4, 2000 at 7:00 p.m. He said the November meetings will be as follows: 1' Thursday will be Committee of the Whole, 2 nd Thursday will be City Council, 3 `d Thursday will be Committee of the Whole, 5 th Thursday will be City Council. Mayor Prochaska reminded everyone of the Homecoming Parade Saturday, September 30. He said lineup will begin at 9:30 a.m. He said there will be a city truck for any of the City Council members that are interested in riding in the parade. He said to be at Tower Lane at 9:00 a.m. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT Treasurer Allen gave the monthly Treasurer's report for the month of August 2000. Beginning Balance $1,109,409.35 Revenue $ 618,876.31 Expense $ 815,628.71 Ending Balance $ 912,656.95 Treasurer Allen requested approval from the City Council to accept the August 2000 Treasurer's Report. Minutes of the Regular Meeting of the Citv Council - September 28. 2000 - Paae 4 A motion was made by Alderman Sticka to approve the Treasurer's Report for August 2000; seconded by Alderman Dockstader. Motion approved by a roll call vote. Ayes: 8 Nays: 0 Sticka -aye, James -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Dockstader -aye. CITY ADMINISTRATOR'S REPORT City Administrator Jim Nanninga reported that Elizabeth Street is paved. He said all the driveways are in except the concrete aprons and they will be poured in the morning according to Aurora Blacktop. He said they will be in next week to do the landscaping. Administrator Nanninga stated the Skate Park is now landscaped. CHIEF OF POLICE REPORT Chief Graf stated Hinsdale Nursery will be finishing the landscaping at the Skate Park. He said the Open House is set for October 14, 2000. He said the Citizens Police Academy took the DARE Car to Aurora's cruise night and won first prize. He said he has been invited to a hearing in Kansas City on preventing suicides and mental illness and won't be at the next City Council meeting. COMMUNITY & LIAISON REPORTS Alderman Kot stated that he went to the Metra Committee meeting. He said the firm of Parsons - Rinkerhoff was selected to do the feasibility test and is expected to be done at the latest June of 2001. OLD BUSINESS None. NEW BUSINESS None. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT FOX HILL UNIT 4 BOND REDUCTION #2 A motion was made by Alderman Sowinski to approve Reduction No. 2 to the bond amount for Fox Hill Unit 4 in the amount of $614,157.00. This reduction results in a revised bond amount of $523,097.00; seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes: 8 Nays: 0 James -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Dockstader- aye, Sticka -aye. FOX HILL UNIT BOND REDUCTION #3 A motion was made by Alderman Sowinski to approve Reduction No. 3 to the bond amount for Fox Hill Unit 4 in the amount of $301,695.40. This reduction results in a revised bond amount of $221,401.60; seconded by Alderman Sticka. 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, James -aye. SSES FINAL PAYOUT A motion was made by Alderman Sowinski to approve Pay Request No. 13 for Hamilton Construction, Inc. forthe project "Rehabilitation of Sanitary Sewers and Manholes" forthe amount of $58,952.91, subject to approval by the Illinois EPA, and also to authorize the Mayor to sign and submit a Loan Disbursement Request to the Illinois EPA for Pay Request No. 13 for construction and construction engineering services forthe total amount of $77,842.20; seconded by Alderman Sticka. Minutes of the Reaular Meeting of the Citv Council - September 28, 2000 - Paae 5 Motion approved by a roll call vote. Ayes: 8 Nays: 0 Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye, James - aye, Kot -aye. SALE OF PUBLIC WORKS EQUIPMENT A motion was made by Alderman Sowinski to accept the bids from Hinsdale Nursery of $550.00 for the sale of the 1980 Step Van; from John Sleezer of $2,500.00 for the sale of the 1976 Chevy Dump Truck; and from Anthony of $100.00 for the sale of the 1990 Chevy Impala and to authorize the Mayor and City Clerk to execute the necessary documents on behalf of the United City of Yorkville; seconded by Alderman James. Motion approved by a roll call vote. Ayes: 8 Nays: 0 Burd -aye, Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye, James -aye, Kot -aye, Spears -aye. ECONOMIC DEVELOPMENT COMMITTEE REPORTS APPROVAL TO KENDALL COUNTY OF PC 2000 -15 OVERSTREET ACRES SUBDIVISION A motion was made by Alderman Sticka to recommend approval to Kendall County of PC 2000 -15 Overstreet Acres Subdivision which is within 1 '/ miles of the corporate boundaries of the United City of Yorkville conditional upon the recommendations of the City Engineer dated September 12, 2000 and that street construction conform to the city standards for Estate Class One - Family Residence District; seconded by Alderman Sowinski. Motion approved by a roll call vote. Ayes: 8 Nays: 0 Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye, James -aye, Kot -aye, Spears - aye, Burd -aye. APPROVAL TO KENDALL COUNTY OF PC 2000 -16 ROBERT AND GAIL FISHER REQUEST TO RE -ZONE A motion was made by Alderman Sticka to recommend approval to Kendall County of PC 2000 -16 Robert and Gail Fisher request to re -zone from Kendall County A -1 Agricultural to Kendall County R -2 One Family Residential District of 2.409 acres located on Conover Lane which is within 1 Y2 miles of the corporate boundaries of the United City of Yorkville; seconded by Alderman Sowinski. Motion approved by a roll call vote. Ayes: 8 Nays: 0 Anderson -aye, Dockstader -aye, Sticka -aye, James -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye. (ORDINANCE) 2000 -49 PC 2000 -17 CAROLYN HERREN ANNEXATION APPROVAL A motion was made by Alderman Sticka to approve the annexation of the Carolyn Herren parcel as legally described in the Annexation Agreement for PC 2000 -17; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes: 8 Nays: 0 Dockstader -aye, Sticka -aye, James -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye. 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 Agreement for PC 2000 -17; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes: 8 Nays: 0 Sticka -aye, James -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Dockstader -aye. A motion was made by Alderman Sticka to zone a portion of that parcel as R -2 One - Family Residential District as legally described in the Annexation Agreement for PC 2000 -17; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes: 8 Nays: 0 James -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Dockstader- aye, Sticka -aye. Minutes of the Reqular Meetinq of the City Council - September 28. 2000 - Page 6 (ORDINANCE) 2000 -50 APPROVE ANNEXATION AGREEMENT FOR PC 2000 -17 CAROLYN HERREN A motion was made by Alderman Sticka to authorize the Mayor and City Clerk to execute the Annexation Agreement for PC 2000 -17 as presented; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes: 9 Nays: 0 Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye, James -aye, Mayor -aye. (ORDINANCE) 2000 -51 APPROVE ANNEXATION AND ZONING FOR PC 2000 -18 ROBERT KONICEK A motion was made by Alderman Sticka to approve the annexation and zoning to M -1 Limited Manufacturing District of the Robert Konicek parcel as legally described in the Annexation Agreement for PC 2000 -18; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes: 8 Nays: 0 Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye, James - aye, Kot -aye. (ORDINANCE) 2000 -52 APPROVE ANNEXATION AGREEMENT FOR PC 2000 -18 ROBERT KONICEK A motion was made by Alderman Sticka to authorize the Mayor and City Clerk to execute the Annexation Agreement for PC 2000 -18 as presented; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes: 9 Nays: 0 Burd -aye, Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye, James -aye, Kot -aye, Spears -aye, Mayor -aye. AUGUST BUILDING DEPARTMENT REPORT A motion was made by Alderman Sticka to approve the August Building Report as presented; seconded by Alderman Kot. Motion approved by a viva voce vote. PUBLIC SAFETY COMMITTEE REPORTS No report. ADMINISTRATION COMMITTEE REPORTS No report. ADDITIONAL BUSINESS Alderman Sticka commented on the fire in Cannonball Estates. He stated that it was an illegal burn by the developer. He said Mr. Norton came out. He asked what is the policy and what recourse does the city have when a developer has an illegal burn. Mayor Prochaska stated that we need to establish a policy and asked that the topic be put on the Public Works Committee meeting agenda. Alderman Sowinski made a comment on an article in the Beacon News about Yorkville heading towards building a shabby town. He invited these individuals to come to the City Council and Committee meetings and Public Hearings to make their comments instead of disguising themselves by signing their initials in the Open Lines of the Beacon News. Mayor Prochaska and Alderman Dockstader also commented on this issue. EXECUTIVE SESSION A motion was made by Alderman Sticka to go into Executive Session at 7:47 p.m. for the purpose of Pending Litigation; seconded by Alderman James. Motion approved by a roll call vote. Ayes: 8 Nays: 0 Anderson -aye, Dockstader -aye, Sticka -aye, James -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye. Minutes of the Reqular Meeting of the Citv Council - September 28, 2000 - Page 7 The following individuals are to be included in the Executive Session; Mayor Prochaska, Alderman Anderson, Dockstader, Sticka, James, Kot, Spears, Burd, Sowinski, Treasurer Allen, J.T. Johnson, Chief Graf, Administrator Jim Nanninga, Attorney Melissa Barnhart and City Clerk Simmons. No formal action will be taken. A motion was made by Alderman Dockstader to go out of Executive Session at 8:40 p.m.; seconded by Alderman Anderson. Motion approved by a roll call vote. Ayes: 8 Nays: 0 Dockstader -aye, Sticka -aye, James -aye, Kot -aye, Spears -aye, Burd -aye, Sowinski -aye, Anderson -aye. No formal action was taken. ADJOURNMENT A motion was made by Alderman Sticka to adjourn the meeting at 8:41 p.m.; seconded by Alderman Dockstader. Motion approved by viva voce vote. By: Deborah K. Simmons, City Clerk City of Yorkville, Illinois i CITY COUNCIL MEETING PLEASE SIGN IN! NAME: ADDRESS: kf7