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City Council Minutes 1998 05-28-98 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, MAY 28. 1998. Mayor Bob Johnson called the meeting to order at 7:03 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Simmons called the roll. Ward I Spang Absent Sticka Present 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 Public Safety Committee Reports - April Police Report -Tabled. Administration Committee Reports - Health Insurance - Tabled. Executive Session - Tabled. MEETING DATES Public Works Committee Monday June 15, 1998 6:30 PM Kendall County Building Conference Room - Suite 3 Economic Development Committee Tuesday June 16, 1998 7:00 PM Kendall County Building Conference Room - Suite 3 Public Safety Committee Monday June 22, 1998 6:30 PM Kendall County Building Conference Room - Suite 3 Administration Committee Tuesday June 9, 1998 6:30 PM Kendall County Building Conference Room - Suite 3 PRESENTATION: Service Award - Jim Stafford, Alderman/Ward 4 and Dave Schmelzle, Park Board. At this time Mayor Johnson presented a service award to Dave Schmelzle in recognition of his countless hours and efforts as a member of the City of Yorkville's Park Board. Dave Schmelzle resigned from the Park Board to pursue additional educational opportunities. At this time Mayor Johnson presented a service award to Jim Stafford, who resigned as Alderman of Ward 4, for his countless hours and dedication to the City of Yorkville. Jim Stafford also served as Chairman of the Public Safety Committee and Chairman of the Public Works Committee. CITIZENS COMMENTS At this time citizen Jerry Knobeloch asked to make comment on the current sign ordinance. He stated that he had started to convert his current portable sign into a permanent sign. He stated that he found out that he had to go through a variance in order to have the sign Minutes of the Regular City Council Meeting, May 28. 1998 - Page 2 outside of his building. He stated the sign was there before the sign ordinance, he is not trying to add any additional signs. He stated that he had decided at this point to make a landscaped area and put the portable sign in the center of it. He stated that he was trying to make it look nice out front, but it doesn't appear to be desired. Mayor Johnson asked Mr. Knobeloch if this has gone before the Sign Review Committee. Mr. Knobeloch stated that it had not, because in order to get it before the Sign Review Committee it will cost him $85.00, he has to make 27 copies of the document and wait 30 days for it. He stated that in addition to that he has to go to the Record Office and spend time finding out legal descriptions, names and addresses of any adjoining and contiguous land owners entitled to notice and get all that information together. He stated that it doesn't seem like its worth it. Alderman Prochaska stated that he had talked with Mr. Knobeloch and had a conversation with Jim and there were some interesting circumstances with the property where there are three buildings there and the current sign ordinance only allows one sign per frontage. Alderman Prochaska stated the Mr. Knobeloch already has a sign on a pole. Mr. Knobeloch stated that if he was to take the portable sign and mount it to the existing pole and make it look uglier, he could get a permit. Alderman Prochaska stated that the businesses and the Chamber had a large input in the sign ordinance. Mr. Knobeloch stated that he had called several Alderman complaining. He stated that there are very few signs within the city limits that meet the sign ordinance. Alderman Prochaska stated that he had asked Jim to look into Mr. Knobeloch's property as being a separate property and if Mr. Knobeloch wanted more than one sign, would he still be within the legal limits of square footage. He stated if this would be acceptable then Mr. Knobeloch wouldn't need the variance. He stated that he asked Jim to look into it and get some recommendations from staff on being able to look at this because our sign ordinance does allow so much square footage for the frontage of each building. He stated that we have had requests for variance's before and stated that if we are getting these requests more often, then maybe we should look at the ordinance. Alderman Sticka asked if Mr. Knobeloch is looking to make the sign bigger. Mr. Knobeloch stated that he is not changing any square footage. He stated that he bought a flag pole and was going to put a brick column on each end, and take the arrow off and try to make it look nicer and did a little landscaping around it. Alderman Prochaska stated that the sign was there before the ordinance was put into place. Mayor Johnson stated that he would like the sign review committee to look into this and get there input. Mayor Johnson stated that the city would look into this. Mr. Knobeloch stated that the building inspector said his elevated sign was legal but R & R's sign was not legal, but if you talk to the owner of R & R his sign is legal and Mr. Knobeloch's sign is not. Mayor Johnson suggested to Alderman Prochaska that his committee take a survey of the signs that are legal and the ones that are not legal and find out why they are not legal. Alderman Prochaska stated that the issue of multiple business on one property and only allowed one sign needs to be looked at. Minutes of the Regular City Council Meeting. May 28. 1998 - Page 3 Alderman Prochaska asked Jim to put this issue on the Economic Development agenda. Mayor Johnson told Jim he would like the Sign Review Board to take a look at this also. PUBLIC HEARING No Public Hearing. PLANNING COMMISSION/ZONING BOARD OF APPEALS/SIGN REVIEW BOARD No report. MINUTES FOR APPROVAL A motion was made by Alderman Prochaska and seconded by Alderman Sowinski to accept the minutes of the Regular Meeting of the City Council dated May 14, 1998 as presented. Motion carried by viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Jones and seconded by Alderman Prochaska to approve the bills dated May 28, 1998 in the amount of $321,854.79 (vendor), $61,439.12 (payroll), for a total of $382,293.91. Clerk Simmons called the roll. Sticka aye Kot aye Sowinski aye Jones aye Prochaska aye Motion carried: Ayes: 5 Nays: 0 ATTORNEY'S REPORT No report. MAYOR'S REPORT No report CITY CLERK'S REPORT Clerk Simmons asked for approval of the Executive Session Minutes of May 14, 1998. A motion was made by Alderman Sowinski and seconded by Alderman Kot to approve the Executive Session Minutes of May 14, 1998 as presented. Motion carried by viva voce vote. CITY TREASURER'S REPORT No report. CITY ADMINISTRATOR `S REPORT City Administrator Jim Nanninga reported that they are forming the curb along the top down at the river and should be poured on Tuesday. He also reported that they did put the wedge in at Fox Hill, got rid of the hump and looks very nice. SCHOOL COMMUNITY REPORT Alderman Sticka reported that the School Board met on Tuesday, May 26, 1998 and had the most dramatic School Board meeting in probably the history of school boards. He stated as a result of the meeting, next year the high school students will be reading a book called The Bean Trees. Alderman Sticka stated that under citizens comments at the school board meeting, he asked as an alderman, for them to consider the city to use the detention we would be paying for, for other purposes, in the event we did not build a city hall there. He stated that because of the length of other elements at the school board meeting they were not able to address the issue. He stated he has talked with School Board President Michael Crouch and the Superintendent, and although they cannot speak for the entire school board as a whole, they felt confident that the board would not have any objections. Minutes of the Regular City Council Meeting. May 28. 1998 - Page 4 OLD BUSINESS None. NEW BUSINESS SCHOOL DISTRICT DETENTION AGREEMENT A motion was made by Alderman Sticka and seconded by Alderman Sowinski to approve the proposal of K.R.& G. Excavating Partners to enlarge the existing storm water detention basin at 797 Game Farm Road for an estimated amount not to exceed $7.000.00. There were questions and discussion. Clerk Simmons called the roll. Kot aye Sowinski aye Jones aye Prochaska aye Sticka aye Johnson aye Motion carried. Ayes: 6 Nays: 0 COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT APRIL WATER REPORT A motion was made by Alderman Sowinski and seconded by Alderman Prochaska to approve the April water report as presented. Motion carried by viva voce vote. GREENBRIAR UNIT 1 LETTER OF CREDIT NO. 08-26-97-01 A motion was made by Alderman Sowinski and seconded by Alderman Prochaska to authorize the City Clerk to demand payment on Letter of Credit No. 08-26-97-01 for Greenbriar-Unit 1, if the letter of credit is not renewed within 30 days prior to its expiration date. The basis for the demand is that the letter of credit has not been renewed within 30 days of its expiration date. Clerk Simmons called the roll. Jones aye Prochaska aye Sticka aye Kot aye Sowinski aye Motion carried. Ayes: 5 Nays: 0 GREENBRIAR UNIT 3 - LETTER OF CREDIT NO. 07-21-97-01 A motion was made by Alderman Sowinski and seconded by Alderman Kot to demand payment on Letter of Credit No. 07-21-97-01 for Greenbriar-Unit 3, if the letter of credit is not renewed within 30 days prior to its expiration date. The basis for the demand is that the letter of credit has not been renewed within 30 days of its expiration date. Clerk Simmons called the roll. Prochaska aye Sticka aye Kot aye Sowinski aye Jones aye Motion carried. Ayes: 5 Nays: 0 WHITE OAK UNIT 1 & 2 - LETTER OF CREDIT A motion was made by Alderman Sowinski and seconded by Alderman Prochaska to authorize the city clerk to demand payment on Letter of Credit No. 08-11-97-02 for White Oak - Units 1 and 2, if the letter of credit is not renewed within 30 days prior to its expiration date. The basis for the demand is that the letter of credit has not been renewed within 30 days of its expiration date. Minutes of the Regular City Council Meeting. May 28. 1998 - Page 5 Clerk Simmons called the roll. Sticka aye Kot aye Sowinski aye Jones aye Prochaska aye Motion carried. Ayes: 5 Nays: 0 WHITE OAK UNIT 3 - LETTER OF CREDIT NO. 08-11-97-01 A motion was made by Alderman Sowinski and seconded by Alderman Kot to authorize the city clerk to demand payment on Letter of Credit No. 08-11-97-01 for White Oak - Unit 3, if the letter of credit is now renewed within 30 days prior to its expiration date. The basis for the demand is that the letter of credit has not been renewed within 30 days of its expiration date. Clerk Simmons called the roll. Kot aye Sowinski aye Jones aye Prochaska aye Sticka aye Motion carried. Ayes: 5 Nays: 0 WHITE OAK UNIT 3 - LETTER OF CREDIT REDUCTION A motion was made by Alderman Sowinski and seconded by Alderman Prochaska to approve request no. 2 for a reduction in the letter of credit for White Oak - Unit 3, in the mount of$250,497.05. The remaining amount of the letter of credit will be $127,190.15. Clerk Simmons called the roll. Kot aye Sowinski aye Jones aye Prochaska aye Sticka aye Motion carried. Ayes: 5 Nays: 0 SIDEWALK REPLACEMENT APPLICATION BY BRETT HORTON-402 LIBERTY ST. A motion was made by Alderman Sowinski and seconded by Alderman Prochaska to approve a modified sidewalk replacement application by Brett Horton for 402 Liberty Street, for 50% city participation in construction of a 5-foot wide sidewalk across the entire 80-foot frontage, for an amount not to exceed $700.00. Clerk Simmons called the roll. Sowinski aye Jones aye Prochaska aye Sticka aye Kot aye Motion carried. Ayes: 5 Nays: 0 SIDEWALK REPLACEMENT APPLICATION BY BRETT HORTON-202 & 210 VAN EMMON STREET. A motion was made by Alderman Sowinski and seconded by Alderman Kot to approve a modified sidewalk replacement application by Brett Horton for 202 and 210 VanEmmon Street, for 50% city participation in construction of a 5-foot wide sidewalk across parts of the VanEmmon Street frontage, for an amount not to exceed $1,110.23. Clerk Simmons called the roll. Jones aye Prochaska aye Sticka aye Kot aye Sowinski aye Motion carried. Ayes: 5 Nays: 0 Minutes of the Regular City Council Meeting. May 28. 1998 - Page 6 BEAVER STREET CONSTRUCTION A motion was made by Alderman Sowinski and seconded by Alderman Prochaska to approve the plans and specifications for the Beaver Street roadway improvements, MFT Section No. 97-00020-00-FP, and to authorize the Mayor to sign the cover sheets of the plans and specifications. Clerk Simmons called the roll. Prochaska aye Sticka aye Kot aye Sowinski aye Jones aye Motion carried. Ayes: 5 Nays: 0 IEPA THREE-YEAR AGREEMENT A motion was made by Alderman Sowinski and seconded by Alderman Kot to approve the Community Water Supply Testing Fund Three Year Analytical Testing Agreement with the Illinois EPA to provide laboratory testing services related to our Public Water Supply. The three year period begins on July 1, 1998, and the cost of this service for the first year is $4,530.00. Clerk Simmons called the roll. Sticka aye Kot aye Sowinski aye Jones aye Prochaska aye Motion carried. Ayes: 5 Nays: 0 ECONOMIC DEVELOPMENT COMMITTEE REPORT APRIL BUILDING REPORT A motion was made by Alderman Prochaska and seconded by Alderman Sowinski to approve the April building report as presented. Motion carried by viva voce vote. (ORDINANCE) 98-19 FARMERS MARKET ORDINANCE A motion was made by Alderman Prochaska and seconded by Alderman Sowinski to approve the ordinance amending Ordinance No. 81-5 amending Title 3, Chapter 5A, Sections 2(B)(3), 3(A)(B)(C), 4(B)(C), 5 of the Yorkville Municipal Code relating to the operations and management of the Yorkville Farmer's Market and to authorize the Mayor and City Clerk to execute the same on behalf of the United City of Yorkville. Clerk Simmons called the roll. Kot aye Sowinski aye Jones aye Prochaska aye Sticka aye Motion carried. Ayes: 5 Nays: 0 SET DATE FOR PUBLIC HEARING FOR B-3 ZONING TEXT AMENDMENT FOR THURSDAY, JUNE 25, 1998. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE No report. ADDITIONAL BUSINESS Mayor Johnson announced that if anyone wanted their picture updated for the City ID to stay around after the meeting. Minutes of the Regular City Council Meeting. May 28. 1998 - Page 7 ADJOURNMENT A motion was made by Alderman Sowinski and seconded by Alderman Prochaska to adjourn at 7:43 p.m. Motion carried by viva voce vote. By: /01..Q a.A rnm zcx.9 Deborah K. Simmons, City Clerk City of Yorkville, Illinois CITY COUNCIL MEETING PLEASE SIGN IN! NAME: ADDRESS: 2 C , } +1 ' ' 727/O-,,1„,