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
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