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City Council Minutes 2000 11-30-00 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. NOVEMBER 30. 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. i Ward I James Present 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 Public Safety Committee Reports - Amendment to the Liquor Control Ordinance will be for discussion only, no formal action will be taken. COMMITTEE MEETING DATES Public Works Committee 6:45 P.M., Monday, December 18, 2000 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Tuesday, December 19, 2000 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M., Wednesday, December 27, 2000 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 6:30 P.M., Tuesday, December 12, 2000 City of Yorkville Conference Room 800 Game Farm Road CITIZENS COMMENTS None. PUBLIC HEARING PC 2000 -23, HARRY LINDEN PETITIONER A motion was made by Alderman Sowinski to go into Public Hearing for PC 2000 -23 Harry Linden, petitioner request to annex into the United City of Yorkville from Kendall County A -1 Agricultural and re -zone to A -1 Agricultural in the United City of Yorkville. The property is located at 9155 Kennedy Road in unincorporated Kendall County; seconded by Alderman Dockstader. 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 A motion was made by Alderman Sticka to continue the Public Hearing for PC 2000 -23 until the January 11, 2001 City Council Meeting; seconded by Alderman James. Minutes of the Regular Meetinq of the Citv Council - November 30. 2000 - Page 2 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 LIQUOR CONTROL ORDINANCE AMENDMENT A motion was made by Alderman Kot to go into Public Hearing for Amendment to the Liquor Control Ordinance; seconded by Alderman James. Motion approved by roll call vote. Ayes: 7 Nays: 0 Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye, James -aye, Kot -aye, Spears -aye Alderman Kot opened the Public Hearing with the proposed changes. The proposed changes are to barr minors from tavern establishments after 8:00 p.m., except during special events, establish a $100.00 non - refundable fee for liquor license applications and require license renewal requests be made at least 15 days before a license expires. Joe Harris, owner of Little Joe's stated he has never met anybody on the Public Safety Committee and now there's a problem. He said he runs a restaurant/tavern. He asked why the city is coming up with this problem for just Class A licenses. He said he feels his tavern has more supervision that others. Alderman Kot stated they looked at why anyone under 21 should be allowed in a tavern. He said if its more of a restaurant then its another issue. Joe Harris stated he serves food all the time. Mayor Prochaska stated restaurant liquor license holders are required to be open and serve food while serving alcohol. He said they also have to have a separate cook. Alderman Sowinski stated Little Joe's and OJ's do serve a lot of food. Mayor Prochaska stated you must have descriptions and requirements that are met with a liquor license. Alderman Sowinski asked what the state law says. Attorney Kramer stated the law provides for children under 21 if accompanied by an adult. Joe Harris stated he does not allow small children in his place. Vicky Coveny stated she has never had a bad experience in either one of these establishments. She said 9:00 p.m. would be more acceptable. Alderman Kot stated 8:00 was just a suggestion from the committee. Joe Harris stated he feels if he's open until midnight they should be able to come in and have a sandwich or come in and buy a six pack of coke. Greg Kraber, owner of OJ's Tap stated he feels they are the least of the problems because they are more aware of under aged drinkers. He said he doesn't understand why gas stations are allowed to sell liquor. Vicky Coveny stated she has been approached by someone at Pride Pantry to buy liquor for them. Linzie Coffey, owner of Pizza Express stated all he serves is draft beer and wine. He said he lives in this town and is responsible. He said he feels it should be the owners responsibility to police this. He said he pays all his fees and dram shot insurance. Alderman Dockstader stated at Committee of the Whole the Council said they want to get everyone's input. Jeff Sanford, owner of Happy Hour Harry's stated he is licensed by the State to sell alcohol and it is his responsibility to police this. He said he does not allow children after 9:00. He said after Minutes of the Reaular Meetina of the Citv Council - November 30, 2000 - Pane 3 9:00, no children are allowed whether they are with a parent or adult. He said owners want to be responsible for what goes on in their establishments. Joe Harris asked why this is being questioned. He asked if someone has called and complained. He said why not talk to the owner if there is a complaint. Mayor Prochaska stated Little Joe's does not have to serve food. He said the Committee is asking if these changes would be good. Chief Graff stated they have had complaints but have found no one underage drinking in these establishments. He said they have had problems with underage individuals buying or getting liquor from packaged liquor stores. Joe Harris stated he feels they should have the right to refuse anyone. He said he feels he, Linzie and Gregg are responsible. Alderman Dockstader stated the committee meetings are open to the public. He said the press does not come to all of the meetings. He said the press was at the COW meeting where this came from. He said it was talked about before, but it didn't come to this recommendation til COW. Alderman Kot stated we are not out to hurt our businesses. He said we are glad owners are responsible April Morganegg asked what the difference is between Little Joe's and Bridge Street if someone comes in and has a burger and a pop at Little Joe's or goes to Bridge Street and has a steak and a pop. She said she feels it isn't right. She said someone under 21 should be able to come in and have a burger and a pop at Little Joe's. Mayor Prochaska stated these things should probably be looked at when food is served. Joe Harris presented signed petitions and asked that they be attached to the minutes. Chief Graff suggested having a meeting once a year with liquor license holders to get their input. Mayor Prochaska recommended this go back to Public Safety Committee. A motion was made by Alderman Dockstader to go out of Public Hearing; seconded by Alderman Sowinski. Motion approved by roll call vote. Ayes: 7 Nays: 0 Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye, James -aye, Kot -aye, Spears -aye PLANNING COMMISSION /ZONING BOAR D OF APPEALS /SIGN REVIEW BOARD, No report. MINUTES FOR APPROVAL A motion was made by Alderman Sowinski to approve the City Council minutes from 11 -9 -00 and the COW minutes from 10- 19 -00; seconded by Alderman Sticka. 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 November 27, checks in the amount of $112,850.10 (vendor), $81,105.74 (payroll period ending 11/4/00), $87,432.12 (payroll period ending 11/18/00), for a total of $281,387.96; seconded by Alderman Sowinski. 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 Reqular Meeting of the Citv Council - November 30, 2000 - Page 4 REPORTS ATTORNEY'S REPORT No report. MAYOR'S REPORT No report. Mayor Prochaska made comment regarding the Letterto the Editor in the Kendall County Record regarding TIF a bad idea. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT TreasurerAllen requested approval of two manual checks in the amount of $1,500.00 to Erdmann Advertising and one in the amount of $92,639.50 to Yorkville Bristol Sanitary District. A motion was made by Alderman Dockstader to approve two manual checks in the amount of $1,500.00 to Erdmann Advertising and $92,639.00 to Yorkville Bristol Sanitary District; seconded by Alderman Anderson. Motion approved by roll call vote. Ayes: 7 Nays: 0 Sticka -aye, James -aye, Kot -aye, Spears -aye, Sowinski -aye, Anderson -aye, Dockstader -aye CITY ADMINISTRATOR'S REPORT No report. CHIEF OF POLICE REPORT Chief Graf reported they did a tobacco sting. He said there was one violation out of 15 establishments. He said a warning letter was issued. Gregg Kraber - OJ's, asked that liquor hours on Sundays during sports events be brought up. April Morganegg - Little Joe's, asked that hours for New Years Eve be brought up. COMMUNITY & LIAISON REPORTS Alderman Sticka gave a report on the AT & T Consortium. He stated the meeting started kind of bad but ended OK. He said they dropped the right of way. He said they are going to refer back to the original ordinance. He said they will give a draft ordinance to all the communities. He said Kendall County is going to join the Consortium in December along with Morris and Plano. He said there were two points of interest, one was two communities have had two illegal towers put up and they have been required to remove them. He said there was a meeting at Tom Cross's office. He said what we would like to have done is to have the statutes changed to allow an intergovernmental agreement with the counties that would extend the cities zoning authorities into the 1 -1 /2 miles planning area so we could have some say in the kind of towers that would be put up and where they would go. Mayor Prochaska reminded everyone thatthe Downtown Christmas Walk will be Friday December 8 and Saturday December 9 will be Countryside Centers Christmas Walk. He said the trees will be decorated at the Riverfront Park. OLD BUSINESS None. NEW BUSINESS None. Minutes of the Reqular Meeting of the Citv Council - November 30. 2000 - Page 5 COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORTS (RESOLUTION) 2000 -27 FIRST TIME HOME BUYERS PROGRAM A motion was made b Alderman Sticka to approve the Resolution demonstrating the intention Y pp 9 of the United City of Yorkville to issue Single Family Mortgage Revenue Bonds and related matters and to authorize the Mayor and City Clerk to execute the necessary documents on behalf of the United City of Yorkville; seconded by Alderman Sowinski. Motion approved by roll call vote. Ayes: 7 Nays: 0 James -aye, Kot -aye, Spears -aye, Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye PUBLIC SAFETY COMMITTEE REPORTS AMENDMENT TO THE LIQUOR CONTROL ORDINANCE A motion was made by Alderman Kot to table the Amendment to the Liquor Ordinance, Section 3.3.3 Application for License & Renewal to the COW meeting on 12 -7 -00 and table Section 3 -3- 12 & 14 to the Public Safety meeting on 12- 27 -00; seconded by Alderman James. Motion approved by roll call vote. Ayes: 7 Nays: 0 Kot -aye, Spears -aye, Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye ADMINISTRATION COMMITTEE REPORTS JOB DESCRIPTION & SALARY FOR ACCOUNTING CLERK II /HUMAN RESOURCES CLERK A motion was made by Alderman Anderson to table the Job Description & Salary for Accounting Clerk II /Human Resource Clerk; seconded by Alderman Dockstader. Motion approved by roll call vote. Ayes: 7 Nays: 0 Spears -aye, Sowinski -aye, Anderson -aye, Dockstader -aye, Sticka -aye, James -aye, Kot -aye ADDITIONAL BUSINESS Alderman Dockstader opened a discussion regarding the article in the Kendall County Record by Robert Allen on TIF. City Council members asked questions and made comments. EXECUTIVE SESSION A motion was made by Alderman Sowinski to go into Executive Session at 9:02 p.m. for pending litigation with possible action; seconded by Alderman Sticka. Motion approved by roll call vote. Ayes: 7 Nays: 0 Anderson -aye, Dockstader -aye, Sticka -aye, James -aye, Kot -aye, Spears -aye, Sowinski -aye The following were included in the Executive Session; Mayor Prochaska, Alderman Anderson, Dockstader, Sticka, James, Kot, Spears, Sowinski, Chief Graf, City Administrator Nanninga, City Clerk Simmons and Attorney Melissa Barnhart. A motion was made by Alderman Sticka to go out of Executive Session at 9:37 p.m.; seconded by Alderman Kot. Motion approved by roll call vote. Ayes: 7 Nays: 0 Dockstader -aye, Sticka -aye, James -aye, Kot -aye, Spears -aye, Sowinski -aye, Anderson -aye Minutes of the Reqular Meeting of the City Council - November 30. 2000 - Page 6 A motion was made by Alderman Kot to authorize Melissa Barnhart to proceed with enforcement of the judgement entered against Dan Nicholson; seconded by Alderman Sowinski. Motion approved by roll call vote. Ayes: 7 Nays: 0 Sticka -aye, James -aye, Kot -aye, Spears -aye, Sowinski -aye, Anderson -aye, Dockstader -aye ADJOURNMENT _ A motion was made by Alderman Sowinski to adjourn the meeting at 9:39 p.m.; seconded by Alderman Sticka. Motion approved by viva voce vote. By: K Deborah K. Simmons, City Clerk City of Yorkville, Illinois I C ITY COUNCIL IMIETLNG PLEASE SIGN IN! ADDRESS: 3H L %fir jc c r J r ,o 3o�s ub oacx r 4 � % P oll job �llda0uh/�T �/ / VXAC aim �w5 / /W_