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City Council Minutes 1999 01-14-99 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS HELD AT THE KENDALL COUNTY BOARD ROOM, 111 W. FOX ST., YORKVILLE ON THURSDAY, JANUARY 14, 1999. Mayor Bob Johnson called the meeting to order at 7:05 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Simmons called the roll. Ward I Spang Present Sticka Present Ward II Burd Present Kot Present Ward III Anderson Present Prochaska Present Ward IV Sowinski Present Spears Present QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Johnson 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 6:30 P.M. Kendall County Building Monday January 18, 1999 Conference Room - Suite 3 Economic Development Committee 6:30 P.M. Kendall County Building Tuesday January 26, 1999 Conference Room - Suite 3 Public Safety Committee 6:30 P.M. Kendall County Building Monday February 1, 1999 Conference Room - Suite 3 Administration Committee 7:00 P.M. Kendall County Building Tuesday February 9, 1999 Conference Room - Suite 3 CITIZENS COMMENTS No citizens comments. PUBLIC HEARING A motion was made by Alderman Sowinski to go into Public Hearing for the purpose of PC98-20 Arthur Sheridan request for Annexation & Rezoning from City of Piano B-6 zoning with special use to United City of Yorkville B-3 PUD zoning with special use; seconded by Alderman Burd. Approved by roll call vote. Sowinski aye Anderson aye Prochaska aye Sticka aye Spang aye Kot aye Spears aye Burd aye Ayes: 8 Nays: 0 Attorney Kramer stated that a Public Hearing is required when a property is annexed to Minutes - Regular Meeting of The City Council January 14. 1999 - Page 2 a city. He said a Public Hearing was held before the Plan Commission a month ago and there were some comments. He said the minutes have been distributed and it has gone through the committee system. He stated when there is a written annexation agreement involved a second Public Hearing is required before the City Council. He stated the issue tonight is to consider the proposed written annexation agreement that has been negotiated between the city and the developer. He said there have been drafts with various dates. He said the January 12th version is intended to be the final version, pending any comments coming from the Public Hearing tonight, comments from the City Council tonight or any comments from Committee of the Whole on Thursday, January 21 St Mayor Johnson asked if anyone wanted to make Public Comment. Alderman Prochaska stated that this was discussed on Tuesday night at the Administration Meeting. He said they went through the wording on the PUD. He said there are some issues that need to be presented to the Planner. City Administrator Nanninga stated the revised version was put in everyone's mail boxes. He stated the Planner made the recommendation of a few trees on Route 34 and also recommended 20 foot spacing between trees with a 30 foot easement in the back for the dual trees. He said it should cover the entire length all the way back including the land that is not planned yet. He said the Planner agreed to the berms in place of hedges and agreed with most everything else. Citizen Joe Foerner, 4255 Eldamain Rd. asked a question regarding the variance on sign height and lighting. Attorney Kramer stated there isn't a lighting variance but there is a square footage maximum on the identification sign of 300 feet. He said that there would not be a giant 200 foot tall sign because there is no interstate or tollway there. Joe Foerner asked what the City's building height ordinance is. Attorney Kramer stated 35 feet. He stated the city will probably change the ordinance to 40 to 41 feet to allow for (2) story buildings. A motion was made by Alderman Prochaska to go out of Public Hearing; seconded by Alderman Sowinski. Approved by roll call vote. Anderson aye Prochaska aye Sticka aye Spang aye Kot aye Spears aye Burd aye Sowinski aye Ayes: 8 Nays: 0 PLANNING COMMISSION/ZONING BOARD OF APPEALS/SIGN REVIEW BOARD Alderman Prochaska stated the Plan Commission met Wednesday, January 13th. He said they discussed the second property of Remline, the portion that was being petitioned to be annexed as B-3. He said there was some confusion as to the letters that went to the people. He said the letters indicated that the current use is County M-1 and is actually County Ag-1 and there was some discussion on that. He said there was discussion by several of the residence regardomg when the plant was built a buffer area was to be put on that corner. He said the attorney for the petitioner was a fill in and he did not have the answers and did not see anything like that on the title. Alderman Prochaska stated the Plan Commission voted to table the issue for one month to find out if there was any validity to this. Minutes - Regular Meeting of The City Council January 14. 1999 - Page 3 Attorney Kramer stated there is no default with the publication as long as the Publication Notice and the letter that was sent said what the zoning class was we wanted it changed to. He said the petitioner filled out the application as County M-1. He said nobody at the County has been there long enough to remember back when the Plant was built. He said he talked to the Zoning Department and they are going through the old files to see if there are any records from when the plant was first built. He said if there are no records the city's judgement will be based on the city's ordinances now. Alderman Prochaska stated this would go back before the Plan Commission in February for consideration. MINUTES FOR APPROVAL A motion was made by Alderman Sowinski to approve the minutes of the Regular Meeting of December 17, 1998 as presented; seconded by Alderman Anderson. Approved by viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Sticka to approve the bill list dated January 14, 1999 in the amount of $454,566.17 (vendor), $75,097.29 (payroll), for a total disbursements of $529,663.46; seconded by Alderman Prochaska. Alderman Spang raised a question on page 6-Kendall County Fence and page 8-Monroe Truck Equipment Co. for truck upgrades. Approved by roll call vote Sticka aye Spang nay Kot aye Spears aye Burd aye Sowinski aye Anderson aye Prochaska aye Ayes: 7 Nays: 1 ATTORNEY'S REPORT Attorney Kramer stated a revised Marla Harkins annexation agreement was sent to attorney Tom Grant to get signed. He said a meeting is scheduled regarding the boundary line agreement with Plano. MAYOR'S REPORT Mayor Johnson recommended Michael Livingston to the Zoning Board of Appeals. A motion was made by Alderman Sticka to appoint Michael Livingston to the Zoning Board of Appeals; seconded by Alderman Prochaska. Approved by roll call vote. Spang aye Kot aye Spears aye Burd aye Sowinski aye Anderson aye Prochaska aye Sticka aye Ayes: 8 Nays: 0 CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT City Treasurer Scheffrahn gave the Treasurers report for November and December; November a revenue of $501,361.29, expense $387,142.35, December a revenue of $501,254.57, expense $615,501.60 leaving a balance of$1,081,587.65. Minutes - Regular Meeting of The City Council January 14. 1999 - Page 4 A motion was made by Alderman Prochaska to accept the Treasurers report for the months of November and December as presented; seconded by Alderman Sowinski. Approved by viva voce vote. CITY ADMINISTRATOR 'S REPORT City Administrator Nanninga stated the arms for the traffic lights at Countryside Center have been put up. He said Linden set the blocks at the riverfront. He said we need approximately 40 additional blocks to complete it. Alderman Spang asked City Administrator Nanninga to send a letter to Prairie Material for the blocks they have donated this year. SCHOOL COMMUNITY REPORT Alderman Sticka told the City Council they should have received a letter inviting everyone to attend the Technology Steering Committee meeting on January 26, 1999 at 6:30 p.m. at the Yorkville High School. He stated Alan November will be the guest speaker. Alderman Spang stated the School Board would like anyone who is going to attend to call 553-4382 by January 20th OLD BUSINESS None. NEW BUSINESS None. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT (RESOLUTION 91-1) REVISION OF ENGINEERING & ADMINISTRATION FEES Alderman Prochaska recommended this resolution be changed to read "upon the City Council's approval". There were no objections. A motion was made by Alderman Prochaska to approve the Resolution amending the City Engineering Inspection Fee at 2.5% to an Administration Fee of 1.75% as corrected; seconded by Alderman Sowinski. Approved by roll call vote. Spears aye Burd aye Sowinski aye Anderson aye Prochaska aye Sticka aye Spang aye Kot aye Ayes: 8 Nays: 0 PC98-20 ARTHUR SHERIDAN REQUEST FOR ANNEXATION & REZONING B-3 SPECIAL USE. Alderman Prochaska stated this issue is for discussion only. Alderman Prochaska stated Mr. Shoppe suggested adding the word "or" and put all the other items Mr. Sheridan is requesting as either one or the other will be done. Alderman Spang asked if there will be a corrected PUD. Minutes - Regular Meeting of The City Council January 14. 1999 - Page 5 Attorney Dan Kramer stated the corrected PUD will be at the next Committee of the Whole meeting. He said the only changes he is anticipating in the agreement is some minor changes in the language which will not affect the meaning and some landscaping changes. He said there was discussion at Administration Committee meeting regarding the recommended 5 foot high berm and the 3 foot high berm being considered. He said it was determined that a double row of trees was a better alternative rather than a high berm. He said that Mr. Sheridan has agreed to this. There was discussion on the double row of trees and what type of trees would be used, It was discussed that evergreen trees mixed with shade trees did not seem to be a good combination. There was discussion on shade trees being planted along route 34 and trees being interspersed in the parking lot. Alderman Sticka raised the question as to whether or not Mr. Sheridan is going to use city water and sewer or septic. City Administrator Nanninga stated that it is set up as an option, Mr. Sheridan can either get started with well and septic or he can go ahead and fund to bring the utilities under the creek. He said if Mr. Sheridan chooses to bring the utilities in under the creek the agreement says that he will have an infinite amount of time to pay back the cost for bringing it under the creek. He said the ten year deal is to extend those utilities from where Paul Dresden would leave them off. There was discussion on when the city would know how this was going to be done and it was stated that the city would not know until somebody comes into build. Attorney Kramer stated that a motel would probably necessitate city sewer & water because of the fire flows. Alderman Spang asked Mr. Sheridan what his intentions are. Mr. Sheridan stated that this is going to be a staged development and in order to get the motel he will have to extend the water. He said he does not want to give cart blanc to Mr. Dresden. He said if he could put off the motel and build the motor fuel plaza on a well and septic tank he can go ahead with it. He stated he does not want to be the banker for Mr. Dresden and was under the assumption that the city sewer and water had been put under the creek. Mr. Sheridan stated that he would like Mr. Dresden to do his share. Mr. Sheridan stated the money he invests into a well and septic is not part of the city's recapture fees. Alderman Spang stated he is concerned the more money Mr. Sheridan invests in well and septic the less likely he will be to invest in city sewer & water. Mr. Sheridan stated that he would be agreeable to adding language to the agreement that the city would not issue a permit for a motel without hooking into city sewer & water. Mayor Johnson stated that this will be continued for more discussion at Committee of the Whole on Thursday, January 21St Citizen Richard LaBerge asked if there were any motor fuel plaza's in the area that would be comparable to the one being proposed. Mr. Sheridan stated there was a new motor fuel plaza at 38 and Highway 39 near Rochelle and the one he is proposing would be in miniature form. PUBLIC SAFETY COMMITTEE REPORT (ORDINANCE 9q-1) AMENDMENT TO THE LIQUOR CONTROL ORDINANCE A motion was made by Alderman Kot to amend the Liquor Control Ordinance by adding an additional classification identified as R4-Wine & Liquor/Service Bar only with an annual Minutes - Regular Meeting of The City Council January 14. 1999 - Page 6 fee of$800.00; seconded by Alderman Sowinski. Approved by roll call vote. Sowinski aye Anderson aye Prochaska aye Sticka aye Spang aye Kot aye Spears aye Burd aye Ayes: 8 Nays: 0 COMPUTER UPGRADE FOR THE POLICE DEPARTMENT A motion was made by Alderman Kot to approve the expenditure for computer equipment and software not to exceed $9,000.00 for upgrades, Y2K compliance for all police recording software and computer network; seconded by Alderman Prochaska. Approved by roll call vote. Anderson aye Prochaska aye Sticka aye Spang aye Kot aye Spears aye Burd aye Sowinski aye Ayes: 8 Nays: 0 LONGEVITY PAY FOR NON-SALARIED POLICE PERSONNEL A motion was made by Alderman Kot to approve the longevity pay for non-salaried police personnel effective May 1, 1998 as presented; seconded by Alderman Sowinski. Approved by roll call vote. Prochaska aye Sticka aye Spang aye Kot aye Spears aye Burd aye Sowinski aye Anderson aye Ayes: 8 Nays: 0 ADMINISTRATION COMMITTEE No report. ADDITIONAL BUSINESS Police Chief Graf stated at approximately 5:40 p.m. on East Main and Colton Street a woman was followed home by a silver vehicle. A male black, approached her and demanded her purse and she refused. A physical altercation occurred, screaming and yelling went on which scared him off. He said the individual has not been identified yet. He said it seems that he came out of the Pride Station and followed her down route 47. He said he parked a couple of houses away and then approached her. He said the woman did not get hurt just a little bruised. Chief Graf stated as part of the Federal Emergency Disaster Relief, we will be requesting the funds for the hours and equipment and extra salt used which came to about $20,000.00. Alderman Spang stated the January South Side Neighborhood meeting will be Tuesday, January 26 at 7:00 p.m. at West Side Gyros. He said Bristol/Kendall EMT will be the guest speaker. Minutes - Regular Meeting of The City Council January 14. 1999 - Page 7 ADJOURNMENT A motion was made by Alderman Prochaska to adjourn the meeting at 8:07 p.m.; seconded by Alderman Sowinski. Approved by viva voce vote. By: ,0._6 K Deborah K. Simmons, City Clerk City of Yorkville, Illinois CITY COUNCIL MEETING PLEASE SIGN IN! NAME: ADDRESS: i 0 1 -oikeelf q) 5---c- L-1/q/ eieiiii) iV r ,;(?? ;7,(//digrife *x4741(4 4-7-7--72/74,(JIL, x //7075 ix __ / ---714.,, z,‘,/,,ti‘,--,Aqd,(_/__----4:--7-z,-, Sa74,-- A'/- - '- d' 0. ii Ai il 1;41, L L?/ 4 / YP:O ' /J'