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City Council Minutes 1998 06-25-98 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. JUNE 25. 1998. Mayor Bob Johnson called the meeting to order at 7:04 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Simmons called the roll. Ward I Spang Present Sticka Absent Ward II Vacant Kot Present Ward III Jones Present Prochaska Present Ward IV Sowinski Present Vacant 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 New Business -Add Authorization to Repair Well No. 3. Public Works Committee Reports - Item #5 is for authorization to go to bid for the Watermain River Crossing. Executive Session - Tabled. MEETING DATES Public Works Committee Monday July 20, 1998 6:30 PM Kendall County Building Conference Room - Suite 3 Economic Development Committee Tuesday June 30, 1998 7:00 PM Kendall County Building Conference Room - Suite 3 Public Safety Committee Monday July 27, 1998 6:30 PM Kendall County Building Conference Room - Suite 3 Administration Committee Tuesday July 14, 1998 6:30 PM Kendall County Building Conference Room - Suite 3 CITIZENS COMMENTS Nancy James, 508 Heustis St. stated she wanted to make a comment or a complaint. She continued stating she wanted the City Council to take note of people burning leafs and starting fires. She stated that she has a neighbor who is doing this. She stated that this neighbor told her it did doesn't make any difference if you burn leafs. She stated that she feels that this is a safety hazard. She expressed concern for two of her neighbors who have respiratory problems and the burning was causing them problems. Mayor Johnson stated that the city does have a local ordinance in addition to the state law prohibiting the open burning of leafs. Mrs. James asked that the police department be alerted that the resident on the northwest corner of Fox and Mill Street, frequently burns leafs in a pit in her back yard. Minutes of the Regular City Council Meeting, June 25. 1998 - Page 2 Ch1Pf Graff stated that he would take down the address and have it checked out. He also suggested to Mrs. James that she could call 911 and her complaint would be taken anonymously. He also stated that she could call her block captain and they could call in the complaint. He stated that the city does allow a recreational fire, which is logs and stuff like that, but burning of leafs or landscape is not allowed. Mrs. James stated that this person starts the fire and leaves the premises, which also concerns her. PUBLIC HEARING A motion was made by Alderman Sowinski and seconded by Alderman Prochaska to go into Public Hearing for the purpose of amendment to the B-3 Zoning Standards under item 10-7D-1 for the permitted uses to include, Automobile Sales and Service, Motorcycle Sales and Service, Recreational Vehicle Sales and Service, Truck Sales and Service. Clerk Simmons called the roll. Prochaska aye Spang aye Kot aye Sowinski aye Jones aye Motion carried. Ayes: 5 Nays: 0 Mayor Johnson asked Alderman Prochaska to give a brief explanation on why we are having the Public Hearing. Alderman Prochaska stated the Economic Development Committee has had some requests for variance of the use of the automotive sales. He stated that there has been discussion on whether this should be allowed under B-3 Zoning or not. He stated that some of the sales and service at one time were under B-3 and were taken out. He stated that they are not moving everything out of B-4 back into B-3. He stated that the Automobile, Motorcycle, Recreational Vehicle and Truck sales and service are currently under B-4 Zoning and are proposing that they be moved to B-3. Citizen Robert James asked the Council what the items were and Mayor Johnson told him they were Automobile Sales and Service, Motorcycle Sales and Service, Recreational Vehicle Sales and Service, Truck Sales and Service. Mr. James asked for an explanation of what B-3 was Alderman Prochaska and Alderman Spang explained to him that the business zoning consisted of four divisions B-1 through B-4 and that each one of the business zoning becomes a little more intensive than the others. Mr. James asked about the sale of liquor. Alderman Prochaska and Mayor Johnson stated that the sale of liquor was under its own separate zoning and is allowed in business. A motion was made by Alderman Prochaska and seconded by Alderman Jones to go out of Public Hearing. Clerk Simmons called the roll. Spang aye Kot aye Sowinski aye Jones aye Prochaska aye Motion carried. Ayes: 5 Nays: 0 Minutes of the Regular City Council Meeting, June 25, 1998 - Page 3 PLANNING COMMISSION/ZONING BOARD OF APPEALS/SIGN REVIEW BOARD Alderman Prochaska stated that the Plan Commission met last night, June 24th, and they reviewed a concept plan for the Fox Hill Development. He stated that a problem arose out of the meeting, in that the cities land planner, Lannert Group presented themselves as representing the petitioner. He stated that it was the decision of the Plan Commission to take comments, but they would not make any recommendations until the city was able to get another land planner. He stated that the committee asked that this come back to them after that point in time. Alderman Prochaska stated that he was a little discouraged that nobody at the meeting knew that Lannert Group had decided to represent the petitioner, which he stated is in direct violation of our agreement. He stated that he would like to have his committee take a look at this and look for a new land planner. Mayor Johnson stated that he has asked City Administrator Jim Nanninga to look into this and should have a report for him at the Economic Development meeting on Tuesday, June 30"'. Alderman Spang stated that he also was very distressed over this. He stated that there should be some vehicle in place to prevent this from happening again. He stated that to carry on a hearing in that particular vein allows the advisory committee's opinion to be swayed by an individual that had no rebuttal. He asked that this be discussed by the various boards that in the appearance of a conflict it should not be allowed to continue, that they ask for a recess and postpone any further discussion until that issue is resolved. Mayor Johnson stated that he would not make the decision tonight, but it would be discussed. MINUTES FOR APPROVAL A motion was made by Alderman Sowinski and seconded by Aiderman Jones to accept the minutes of the Regular Meeting of the City Council dated June 11, 1998 as presented. Motion carried by viva voce vote. BILLS FOR APPROVAL Alderman Jones stated that there a revision to the bill list. She stated that there were a couple of additional bills added. She stated that she would also be combining the payroll, sick hours and regular. A motion was made by Alderman Jones and seconded by Alderman Prochaska to approve the bills dated June 25, 1998 in the amount of$88,024.29 (vendor), $74,882.82 (payroll), for a total of$163,907.11. Clerk Simmons called the roll. Spang aye Kot aye Sowinski aye Jones aye Prochaska aye Sticka aye Motion carried. Ayes: 6 Nays: 0 ATTORNEY'S REPORT No report. MAYOR'S REPORT NOMINATION OF ALDERMAN At this time Mayor Johnson nominated Rose Ann Spears to fill the term of Alderman for Ward 4. Minutes of the Regular City Council Meeting, June 25. 1998 - Page 4 A motion was made by Alderman Sowinski and seconded by Alderman Kot to appoint Rose Ann Spears to fill the term of Alderman for Ward 4. Clerk Simmons called the roll. Sowinski aye Jones aye Prochaska aye Spang aye Kot aye Motion carried. Ayes: 5 Nays: 0 At this time Mayor Johnson nominated Valerie Burd to fill the term of Alderman for Ward 2. A motion was made by Alderman Kot and seconded by Alderman Sowinski to appoint Valerie Burd to fill the term of Alderman for Ward 2. Clerk Simmons called the roll. Sowinski aye Jones aye Prochaska aye Spang aye Kot aye Motion carried. Ayes: 5 Nays: 0 At this time Mayor Johnson swore in Rose Ann Spears and Valerie Burd. After the swearing in, Mayor Johnson welcomed Rose Ann Spears and Valerie Burd and asked them to take their seats at the City Council table. Mayor Johnson reiterated the press release of the watering ban. He stated due to the emergency repairs of the downtown well, there will be a complete watering ban on lawns that are established, no new sod is to be installed, if you do so you will not get water, no pools will be filled, no car washing fund raisers, and asked all citizens to limit water consumption. Those who planted grass seed or installed sod after June 1st are permitted to water by permission only and should contact 553-4370 and ask for Joe Moore or Brian Sorensen who are the water operators. Mayor Johnson stated the anticipated water ban will be in effect today, June 25th through approximately, July 11th. Mayor Johnson asked the cooperation of the citizens of Yorkville. Alderman Prochaska about the hand watering of gardens and flowers. J.T. Johnson of the Public Works Department asked that people with fragile plants limit their watering to later in the evening. He stated that he has a lot of faith in the well we have left and everything points out that its not going to fail. He stated its only for a two week period, and it so happens to be one of the hottest periods we've had. He stated that citizens should limit their watering of fragile plants to late in the evening, use it sparingly and only when they have to. Alderman Sowinski asked that in the event the other well does fail, that there is a contingency with Layne Western to bring up another one of the wells. J.T. Johnson stated that Layne Western is able to put their group together, drop in a borrowed pump and motor back into the well and put it back on line, sample and get things running within a 24 hour period. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. Minutes of the Regular City Council Meeting, June 25. 1998 - Page 5 CITY ADMINISTRATOR `S REPORT City Administrator Jim Nanninga stated that the picnic shelters were started down at the river. He stated that the curb along the wall has been poured and has been landscaped. He stated that there are 70 blocks there right now and we are getting more and more from two suppliers now. SCHOOL COMMUNITY REPORT No report. OLD BUSINESS None. NEW BUSINESS Alderman Kot introduced the cities newest police officer Tina Baird who was recently hired as a part time officer. AUTHORIZATION TO REPAIR WELL NUMBER 3 A motion was made by Alderman Sowinski and seconded by Alderman Prochaska to approve the emergency repairs to well number 3 utilizing Layne Western of Aurora at an estimated cost of $40,000.00 -$45,000.00 with work starting on June 29th along with a water conversation plan as approved during the period of repair starting immediately. There was much discussion and comments amongst the City Council members as to whether or not to increase the approved amount. There was discussion and comments amongst the City Council members as to whether the repairs should start immediately instead of Monday with the predicted continued heat and high storm activity. Mayor Johnson stated the downtown area had some activities going on this weekend and the Bridge Street Restaurant would be on vacation next week so Monday would be more conducive for the downtown area for the repairs to start Clerk Simmons called the roll. Sowinski aye Jones aye Prochaska aye Spang aye Kot aye Burd aye Spears aye Motion carried. Aye: 7 Nays: 0 A motion was made by Alderman Sowinski and seconded by Alderman Prochaska to authorize the Mayor in case of emergency, if funds are needed to replace the pump on Well 3, not to exceed an additional $40,000.00. Clerk Simmons called the roll. Jones aye Prochaska aye Spang aye Kot aye Burd aye Spears aye Sowinski aye Motion carried. Ayes: 7 Nays: 0 Alderman Jones stated she would like the permit fees discussed at the next Economic Development Committee meeting or in the near future. Alderman Jones passed out a sheet that was given to her by a builder who had built a duplex on Hillcrest Ave. in 1991 and fees charged for Greenbrier in 1998. She stated that there was a considerable increase. Minutes of the Regular City Council Meeting. June 25. 1998 - Page 6 Alderman Jones stated the same builder asked her about the fact that he recently started construction of a new home in Yorkville and previously owned the lot and paid taxes on the lot. She stated that this year alone he had to pay about $1,000.00 in property taxes of which $700.00 went to schools. She stated that when he got the building permit he had to again pay $1,500.00 for the school transition fee. She stated that the builder was wondering if he could get a portion of that refunded. Alderman Jones asked if Mayor Johnson wanted a letter directed to his attention. Mayor Johnson stated that would be fine. He stated that he and Alderman Prochaska had discussed that same scenario but not that same person and are pursuing it. Alderman Prochaska stated that within the next year the Economic Development Committee is going to take a review of all the cities fees and look at what the city is trying to accomplish with the fees and see if we are accomplishing what we are trying to do with them. Alderman Jones stated that she would have this person direct the letter to the Mayor and copy the Economic Development Committee. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT AWARD CONTRACT FOR TRAFFIC SIGNAL - RT. 47 & COUNTRYSIDE PARKWAY A motion was made by Alderman Sowinski and seconded by Alderman Prochaska to approve a contract with Gaffneys PMI of St. Charles in the amount of$129,367.80 for the traffic signal construction at the intersection. of Illinois Route 47 and Countryside Parkway and authorize the Mayor and City Clerk to execute a contract with Gaffneys PMI. Clerk Simmons called the roll. Prochaska aye Spang aye Kot aye Burd aye Spears aye Sowinski aye Jones aye Motion carried. Ayes: 7 Nays: 0 GREENBRIAR UNIT 3 - LETTER OF CREDIT REDUCTION A motion was made by Alderman Sowinski and seconded by Alderman Jones to approve the Letter of Credit reduction request number 2 for Unit 3 of the Greenbriar Subdivision in the amount of $21,843.75 with a remaining amount of Letter of Credit of $353,651.26. Clerk Simmons called the roll. Spang aye Kot aye Burd aye Spears aye Sowinski aye Jones aye Prochaska aye Motion carried. Ayes: 7 Nays: 0 AWARD ENGINEERING CONTRACT WITH WALTER E. DEUCHLER ASSOCIATES, INC. FOR SEWER REHAB PROJECT A motion was made by Alderman Sowinski and seconded by Alderman Jones to approve the award of an engineering contract with Walter E. Deuchler Associates, Inc. of Aurora for the construction engineering on the Sanitary Sewer Rehabilitation Project based upon actual costs not to exceed $195,000.00 and authorize the Mayor and City Clerk to execute the contract on behalf of the City of Yorkville, contingent upon the review and approval of the City Attorney. Minutes of the Regular City Council Meeting, June 25. 1998 - Page 7 clerk Simmons called the roll. Spang aye Kot aye Burd aye Spears aye Sowinski aye Jones aye Prochaska aye Motion carried. Ayes: 7 Nays: 0 PURCHASE OF NEW ROLLER/TRAILER FOR PUBLIC WORKS DEPARTMENT A motion was made by Alderman Sowinski and seconded by Alderman Kot to approve the lease-purchase of a new vibratory roller with trailer from SES, Inc. of West Chicago, Stone Model AVR 4000 Roller and Towmaster Model T5T Utility Trailer with a cost not to exceed $21,458.00 and authorize the Mayor and City Clerk to execute a contract for this purchase. Clerk Simmons called the roll. Kot aye Burd aye Spears aye Sowinski aye Jones aye Prochaska aye Spang aye Motion carried. Ayes: 7 Nays: 0 AUTHORIZATION TO BID CONSTRUCTION OF THE WATERMAIN RIVER CROSSING A motion was made by Alderman Sowinski and seconded by Alderman Prochaska to authorize the City Engineer to bid the construction of a new Watermain River Crossing just downstream of the Fox River Dam at an estimated cost of approximately $380,000.00. Clerk Simmons called the roll. Burd aye Spears aye Sowinski aye Jones aye Prochaska aye Spang aye Kot aye Motion carried. Ayes: 7 Nays: 0 ECONOMIC DEVELOPMENT COMMITTEE REPORT (ORDINANCE) 98-21 B-3 ZONING AMENDMENT A motion was made by Alderman Prochaska and seconded by Alderman Sowinski to amend the B-3 Zoning Ordinance to allow under item 10-7D-1 for the permitted uses to include automobile sales and service, motorcycle sales and service, recreation vehicle sales and service and truck sales and service. Clerk Simmons called the roll. Spears aye Sowinski aye Jones aye Prochaska aye Spang nay Kot aye Burd aye Motion carried. Ayes: 6 Nays: 1 PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE No report. Minutes of the Regular City Council Meeting, June 25. 1998 - Page 8 ADDITIONAL BUSINESS None. ADJOURNMENT A motion was made by Alderman Sowinski and seconded by Alderman Jones to adjourn at 8:07 p.m. Motion carried by viva voce vote. By: j2,lot 1 Deborah K. Simmons, City Clerk City of Yorkville, Illinois CITY COUNCIL MEETING PLEASE SIGN IN! NAME: ADDRESS: N6il �� G � z �'`� 1 • L ( - 6 ie O 7 O/a %)oo6 �T2 4,, b1 L rr AIWO 4 50i Hr Mr, SO 4- hieees 74( 'S fir c. 0 . y Fees Due at Time of Permit Duplex (Both Units) Oct-91 Jun-98 % Change H11crest-Ave- Greenbrier YBSD Hook Up Fee $ 1,200.00 $ 1,800.00 50% Water Hook Up $ 850.00 $ 1,600.00 88% Water Meter Fee $ 450.00 New Sewer Hook Up $ 300.00 $ 4,000.00 1233% Water/Sewer Recapture Fee $ 1,500.00 New Building Permit Fee $ 172.00 $ 790.00 359% River Crossing Fee $ 150.00 New Inspection Fee $ 180.00 Water/Sewer Inspection Fee $ 50.00 Public Walk Inspection Fee $ 70.00 Land Cash. Fee $ 840_0Q $. 2rQ94.OQ 149% School Transition Fee $ 3,000.00 New Development Fees $ 1,150.00 $ 2,300.00 Total-Cast $ 4,692.00- $ 17,80400- 279%.