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City Council Minutes 1998 11-05-98 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, NOVEMBER 5, 1998. Mayor Bob Johnson called the meeting to order at 7:02 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 Economic Development Committee Report - Farm Bureau Parking Agreement will be for a consensus rather than a vote. Executive Session - Tabled. COMMITTEE MEETING DATES Public Works Committee 6:30 P.M. Kendall County Building Monday November 16, 1998 Conference Room - Suite 3 Economic Development Committee 7:00 P.M. Kendall County Building Tuesday November 17, 1998 Conference Room - Suite 3 Public Safety Committee 6:30 P.M. Kendall County Building Monday November 23, 1998 Conference Room - Suite 3 Administration Committee 6:30 P.M. Kendall County Building Tuesday November 10, 1998 Conference Room - Suite 3 CITIZENS COMMENTS Attorney Peter Kranz who represents the Cannonball Trail Civic League stated that they are objecting to the special use rezoning for a animal kennel on Cannonball Trail. He stated that one of the objections is that what is proposed is a business and does not fit at this location. He stated that it does not conform to the comprehensive plan that was adopted by the Council a year ago. He stated that it will bring substantial traffic to the area. He said there appears to be some storm water drainage concern. He stated that if the property is annexed the City Council will have to address the question as to whether it will come in as business zoning or if it comes in under agricultural zoning it will have to have special uses. He stated that a 9 to 10,000 square foot pole building is not compatible with the development in this area. He expressed concern regarding the grooming of dogs and questioned if this was proper activity and whether it is allowable. He stated that he thinks the ordinance needs to be clarified. He stated they are asking the City Council to raise the question to the County Board as to whether it was the intent of the County Ordinance to authorize a Commercial Kennel in an Agricultural Zoning. He asked if there Minutes - Regular Meeting of The City Council November 5. 1998 - Page 2 should be a list of permitted uses or prohibited uses defined in the Ordinance. He asked should there be restrictions on locating a kennel in the Agricultural Zoning use, specifically in an area that is already developed as a single family/low density housing area. He stated that his clients are concerned about their property values and the substantial change in their lives and asked the Council for their consideration of their position. Frank Vitek - resident of Cannonball Trail stated that he is a member of the Cannonball Trail Civic League. He asked Martha Price to pass out copies of the Kendall County Zoning Ordinance. He stated their quarrel with the County is the use of the word kennel in the definition of Agricultural. He stated that it is not define whether it is a commercial kennel or a private kennel. He stated further on they do have the definition for commercial kennel and private kennel. He stated they also have a definition of business. He said it states a private kennel is not for profit, the commercial kennel states for profit, the business states its for profit. He said what they are after the County to do is to define what they mean by kennel in the agricultural definition. He said that they are going to contend that they cannot put a kennel under Al. He said they think this would be spot zoning and its a loop hole in the zoning ordinances. He said it goes against the comprehensive plan which is low density residential. Otto Cook-resident of Cannonball Trail stated that he is a member of the Cannonball Trail Civic League also. He stated part of the problem is the cross jurisdictional nature of the County and the City and the Bristol Township Board. He stated the essential issue is non conformity. He stated that if this is allowed, we are allowing nonconforming use against our own plan, which is to have residential property in this area. He stated that this area has been residential for over 30 years except the farm encroaches the other side of the street where there aren't as many residents there. He stated that they would like to have the farm there forever, but eventually it will be developed and it should be developed residential property. He stated they feel retail selling is inappropriate to this area and having an attendant living on the property is merely to save them money and not have the place manned 24 hours a day. He stated there are issues of traffic at the corner and there is also a noise factor with barking dogs. Mr. Cook read a letter from the Reverend Richard Turner of the New Life Assembly of Go Church, located at 3205 Cannonball Trail, stating their objections to any kind of retail business proposed for the property adjacent to any part of their property. Mr. Cook stated they ardently plead to the Council to consider their wishes in this area and not move ahead, and not supply water and sewer to a nonconforming use. Martha Price - resident of 29 Hickory Lane passed out copies of the petitions that were presented to the Bristol Township Board, Wednesday, November 4. Jim Rohrbach - resident of 10 Amanda Lane stated that they just found out about the dog grooming last night(Wednesday, November 4) at the Bristol Township Board meeting and was also wondering if they were planning to put animals to sleep there also and asked if someone could address this issue also. Troy Janssen - resident of 6 Amanda Lane stated that they know a lot about the outside of the building but no one has addressed what is going to be on the inside of the building. He stated that he came to this area because of the rural nature of the property. He stated he wants to preserve the value of his property and is very concerned what special use would do to his property value as well as what the kennel would do it in general and asked for the Councils consideration. PUBLIC HEARING None. PLANNING COMMISSION/ZONING BOARD OF APPEALS/SIGN REVIEW BOARD Alderman Prochaska stated the Zoning Board of Appeals met Wednesday, November 4 Minutes - Regular Meeting of The City Council November 5. 1998 - Page 3 to discuss the request for height variance for the proposed Hotel behind the Amoco. He said the Board did vote to recommend approval of the variance to the City Council. He said the Board had documentation that there had been a published announcement for the variance but raised the question as to whether neighbors had been informed and if they had to be informed. He said that the Board made the recommendation to the City Council and the City Council will have to vote on the issue at some point in time and these questions need to be answered. City Attorney Dan Kramer stated the Zoning Board of Appeals recommendation is strictly advisory on height, it has to be approved by a 2/3 majority of the City Council to be an affective variance. He stated publication is sufficient, but customarily for variances the City does send certified mailings to owners within 200 feet adjoining the property. He said even if the letters were not sent out, it could be published for the next Council meeting. He said the letters should be mailed. City Administrator Jim Nanninga stated the he was not sure the letters were sent out. There was discussion that the variance would be discussed at the next Committee of the Whole meeting and published for a Public Hearing at the City Council meeting in December. PROPOSED SCHLAPP KENNEL - KENDALL COUNTY REQUEST Alan Garrow, Attorney for Dr. Gary Schlapp stated the property is currently zoned A-1 and Kendall County's ordinance under an A-1 zoning, kennels are permitted. He stated that Dr. Schlapp can build a kennel under existing County Ordinances. He stated what he is seeking is a special use designation so Dr. Schlapp can incorporate into the kennel living quarters for an attendant and a special use designation that would allow him some retail sales, much like what occurs in his clinic. Attorney Garrow stated regarding the comment made should this property be annexed into the City of Yorkville it would have to come in as a business use. He stated that this was not true. He said under 9-3 of the City Ordinances, commercial or private dog kennels are allowed as a special use under A-1. He said that should this property become part of the City of Yorkville it can remain A-1. He said in the City Ordinances kennels are to be located 500 feet from a residential lot line. He said the lot is approximately 800 feet deep. He said the building will be 100 feet off the rear property line and the building is 130 feet. He said from the front of the building to the back of the lot line is 230 feet, which leaves 570 feet remaining between the building and the next residential lot line. He said the property all around it is A-1, the only residential zoning is on the opposite side of the street. He said should it become annexed to the City it would be in keeping with the setback requirements of the City and can remain A-1. He said regarding the issue of noise, the kennel is entirely an indoor operation. He said the building is going to be insulated with 5/8" drywall in some areas and other areas it will be sheathed with a double layer of 5/8" drywall. He said the dogs will be indoors and noise is not going to be a problem. He said there are no plans to move the clinic from its current location to the kennel. He said it is going to be operated solely as a kennel. He said dogs are not going to be put to sleep there nor are there going to be any shots or surgeries or anything of this nature conducted there. He said this is going to be a commercial kennel to house and care for dogs. He said A-1 zoning in the County permits the construction of the facility and is asking for merely a special use designation to have a living quarters and the retail sales. He said the issue is not whether or not the kennel is going to go up, but whether or not there can be an attendant on duty. Alderman Sticka asked if the County Zoning Ordinance makes any specification as to which type of kennel is permitted. Attorney Garrow stated the County's position in the Building and Permit Department is commercial kennels are permitted under Ag and referenced page 3-2 of the County Ordinances where they define Agricultural and it only specifies the word kennels. A motion was made by Alderman Prochaska to recommend approval of the petitioner's Minutes - Regular Meeting of The City Council November 5. 1998 - Page 4 request to Kendall County for quarters for a live in caretaker as a Special use to the current County Al zoning which allows a kennel on the property described in PC98-15 located on Cannonball Trail just West of the New Life Assembly Church conditional upon extensive landscaping, 500 foot building setback from any residential zoned property and a high quality building facade as approved by the City's planning consultant prior to issuance of a county building permit; seconded by Alderman Sowinski. Approved by roll call vote. Kot present Spears present Burd present Sowinski aye Anderson nay Prochaska aye Sticka nay Spang aye Johnson aye Ayes: 4 Nays: 2 Present: 3 A motion was made by Alderman Prochaska to recommend approval of the petitioner's request to Kendall County for related retail sales as a Special use to the current County Ag1 zoning which allows a kennel on the property described in PC98-15 located on Cannonball Trail just West of the New Life Assembly Church conditional upon extensive landscaping, 500 feet building setback from any residential zoned property and a high quality building facade as approved by the City's planning consultant prior to issuance of a county building permit; seconded by Alderman Sowinski. Denied by roll call vote. Spears nay Burd nay Sowinski nay Anderson nay Prochaska nay Sticka nay Spang nay Kot nay Ayes: 0 Nays: 8 CANNONBALL HILL -ALAN NORTON REQUEST FOR REZONING A motion was made by Alderman Prochaska to recommend approval of the petitioner's request to rezone approximately 21.6 acres within the City just east of the Blackberry North Subdivision from Al to R2 Single Family Zoning as submitted and the property described in PC98-08; seconded by Alderman Sowinski. Approved by roll call vote. Burd aye Sowinski aye Anderson aye Prochaska aye Sticka aye Spang nay Kot aye Spears aye Ayes: 7 Nays: 1 MINUTES FOR APPROVAL A motion was made by Alderman Sowinski to approve the minutes of the Regular Meeting of October 22, 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 voucher bill list dated November 5, 1998 in the amount of $49,064.03 (vendor), $67,184.22 (payroll), for a total revised disbursements of$116,248.25; seconded by Alderman Prochaska. Minutes - Regular Meeting of The City Council November 5, 1998 - Page 5 Approved by roll call vote. Anderson aye Prochaska aye Sticka aye Spang nay Kot aye Spears aye Burd aye Sowinski aye Ayes: 7 Nays: 1 ATTORNEY'S REPORT No report. MAYOR'S REPORT RE-APPOINTMENT TO ZONING BOARD OF APPEALS A motion was made by Alderman Sowinski to reappoint Don Altman to the Zoning Board of Appeals; seconded by Alderman Prochaska. Approved by roll call vote. Prochaska aye Sticka aye Spang abstain Kot aye Spears aye Burd aye Sowinski aye Anderson aye Ayes: 7 Nays: 0 Abstain: 1 CITY OF YORKVILLE CENSUS 2000 PROCLAMATION Mayor Johnson proclaimed full support of and participation in the overwhelming success of Census 2000 through the formulation of a Complete Count Committee. He stated the Yorkville Human Resource Commission accepted the designation of the Complete Count Committee. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTRATOR 'S REPORT City Administrator Jim Nanninga stated the paving is complete on the four projects. He stated that they will be striping Van Emmon Street on Monday instead of Friday due to the restaurants hours. He stated that 20 additional blocks were installed down at the river, including the water main and storm sewer works. He stated all the wire has been pulled at the Route 47 and Countryside signal and are waiting for the signal arms to come in, and should be complete mid December. Alderman Kot stated that the Kendall County Health & Human Services is sponsoring a hazardous waste pick up Saturday, November 7, 1998 from 9:00 a.m. to 1:00 p.m. at the Kendall County Highway Department. He stated they are taking oil, solvents, gasoline and things of this nature. SCHOOL COMMUNITY REPORT No report OLD BUSINESS Alderman Spang revisited the 1997/1998 Audit that was accepted on October 22, 1998. He read several new questions to the Council and passed out a sheet titled Audit Questions. (Attached) Minutes - Regular Meeting of The City Council November 5. 1998 - Page 6 NEW BUSINESS ADMINISTRATION COMPUTERS A motion was made by Alderman Sticka to accept the low quote of Wheeler, Inc. of Oswego for new computers and accessories, computer upgrades, and Novell networking upgrade along with installation and setup which is needed to operate the new LOCIS software and to make the Administration Offices Y2K compliant for an amount of $9,834.00; seconded by Alderman Sowinski. Approved by roll call vote. Sticka aye Spang aye Kot aye Spears aye Burd aye Sowinski aye Anderson aye Prochaska aye Ayes: 8 Nays: 0 COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT CONCRETE FLOOR OF THE PUBLIC WORKS BUILDING The consensus of the Council was to by pass voting on this issue because it is under $5,000.00. ECONOMIC DEVELOPMENT COMMITTEE REPORT (ORDINANCE 98-32) B-3 PARKING STANDARDS A motion was made by Alderman Prochaska to approve the Ordinance amending Title 10, Chapter 7, Article D, Section 4 of the Yorkville City Code which establishes new parking setbacks in the B-3 Zoning District allowing a 20 foot setback from arterial roadways and a 10 foot setback from all other roadways; seconded by Alderman Burd. 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 FARM BUREAU PARKING AGREEMENT Alderman Prochaska stated that the Farm Bureau has asked if we could make some minor changes and wanted the Council to take a look at it. Mayor Johnson asked for a consensus of the Council. It was the consensus of the Council to agree to the corrected version. (ORDINANCE 98-33) STORM WATER DETENTION EXEMPTION A motion was made by Alderman Prochaska to approve the Ordinance providing for the amendment of the United City of Yorkville Standard Specifications for Improvements which allows certain exceptions to the required storm water storage requirements for small developments, namely less than 2.5 acres for Single Family and Duplex residential developments and less than 1.25 acres for all other developments; seconded by Alderman Sowinski. • • Minutes - Regular Meeting of The City Council November 5, 1998 - Page 7 Approved by roll call vote. Kot aye Spears aye Burd abstain Sowinski aye Anderson aye Prochaska aye Sticka aye Spang aye Ayes: 7 Nays: 0 Abstain: 1 JULY BUILDING REPORTS A motion was made by Alderman Prochaska to approve the July Building Reports as submitted; seconded by Alderman Spang. Approved by viva voce vote. (RESOLUTION 98-13) DEVELOPER DEPOSITS A motion was made by Alderman Prochaska to approve the Resolution requiring Developer Deposits to assure payment of outside consultant costs in the review of new developments as set forth in Resolution 98-13; seconded by Alderman Sowinski. Approved by roll call vote. Burd aye Sowinski aye Anderson aye Prochaska aye Sticka aye Spang aye Kot aye Spears aye Ayes: 8 Nays: 0 PUBLIC SAFETY COMMITTEE REPORT SEPTEMBER POLICE REPORTS A motion was made by Alderman Kot to accept the September 1998 Police Reports; seconded by Alderman Prochaska. Approved by viva voce vote. ADMINISTRATION COMMITTEE (ORDINANCE 98-34) CABLE TV ORDINANCE A motion was made by Alderman Sticka to approve the Ordinance approving the transfer of the Cable Television Franchise for the United City of Yorkville from IDS/Jones Joint Venture Partners to TCI Illinois Holdings, L.P. and extending the Franchise to March 31, 2001; 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 ADDITIONAL BUSINESS None. ADJOURNMENT A motion was made by Alderman Sowinski to adjourn the meeting at 8:16 p.m.; seconded by Alderman Burd. Approved by viva voce vote. By: iv ic.L(t),"--i\ T` Deborah K. Simmons, City Clerk City of Yorkville, Illinois CITY COUNCIL MEETING /1-s-98 PLEASE SIGN IN! NAME: ADDRESS: e(7,Lim i - • / 40(1/ee 31/6 6 �w�c _Af_A E- i 3 7 O /.1--A4,1-14-744,-E-44.,. • W, 0, Pc46w / / ;/ (11,14-1,a 4/61-6(1 -2- ' _AE / A I 17 C 6 VV c) €(140 M 4 or y / 14 Xu1I'- 4 ( / , rdvvv9 Q-1A.A17--e4- C /ape VI/7- (O Ff M'q,q/4 '..4'' 4/a'etc v«c otr1es 4\91-back 10 AP' Aki-zeoe i Ydl'��fu/l�_ °� \14/1/5-54./ 6 frfni mvp 4 y We,the owners, (signatures and addresses shown below) are in OPPOSITION to a text amendment to the Kendall County Agricultural Districts Special Use Zoning Ordinance that would allow residential units at dog kennels and allow retail sales at dog kennels. (This is in particular OPPOSITION to the dog kennel proposed for the 5-acre parcel directly west of the New Life Assembly Church on Cannonball Trail. We do not feel that this is appropriate in a residential area and is detrimental to the property values of those residences in the area and all along Cannonball Trail.) •me / i Address Phone No. IWO Ivf..4.1ffil A 0.Ii/ \o i\r/wmk_ 14tne jo\cAtr,7430 AllArg / ID CAM,+-•+o.g (../,..../E. 46z/cwut sr s-13''8 :L. 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(This is in particular OPPOSITION to the dog kennel proposed for the 5-acre parcel directly west of the New Life Assembly Church on Cannonball TraiL We do not feel that this is appropriate in a residential area and is detrimental to the property values of those residences in the area and all along Cannonball TraiL) Name Address Phone No. ' 4._ 3j 2- y6 ,,„ ,,, k / /,iS,/ S j-( yC �►.!• r : ! 3a q @ice ! j-0-3 -/q1-- L n , k,o- 2. -A _ Le0,5d/ Y S-S-3--45 if . '�i �� ' `/ /-14 .531 c___,.......,,,_5_3 _,_,..„ .._,_.,..< _ „ , . ... ,,..,,,,,,,,,,e_ ,,_s_ ..,..„„ , . , L , , I 5y2, ,,,,„,,,,„, , . 3-5.3-7/7/ 007Me....e..e. _‘53?...a-a4,46t.Ltie is-.3- "or , � 1 3 314 C•e�-1-Entrolteks SS3• 7Y �v Z . --7,60 ss3—spa 1/iii. .< <....r G / , ,i4 ' z-vs eAtww b76�(- ( rc3- 33 mil ! _ , • , 5'53 �/q9 We,the owners, (signatures and addresses shown below) are in OPPOSITION to a text amendment to the Kendall County Agricultural Districts Special Use Zoning Ordinance that would allow residential units at dog kennels and allow retail sales at dog kennels. (This is in particular OPPOSITION to the dog kennel proposed for the 5-acre parcel directly west of the New Life Assembly Church on Cannonball Trail. We do not feel that this is appropriate in a residential area and is detrimental to the property values of those residences in the area and all along Cannonball Trail) Name Address Phone No. ■__ !. ..w.,....,,,_ /63 9-s- gr3 y 06.r 3 J -a 3 .47.11FWv-Aerfe, Arr./. 2 /- ( —6 3 a- •,�,i • 1a_ / s3-3- /.S-d ! . `nl, . otta 39741 .7icua, :.r..,: ii, 553- 578 . s / __ °■ i, .�' , , :, • , Ssj-7J__77 /�/ _._. , _ Jam, a � Sa3 97 - ■011*.•i iir in IF, . 4,7 go • ls ` '5 As , 1 / ' lott if / / We,the owners, (signatures and addresses shown below) are in OPPOSITION to a text amendment to the Kendall County Agricultural Districts Special Use Zoning Ordinance that would allow residential units at dog kennels and allow retail sales at dog kennels. (This is in particular OPPOSITION to the dog kennel proposed for the 5-acre parcel directly west of the New Life Assembly Church on Cannonball Trail. We do not feel that this is appropriate in a residential area and is detrimental to the property values of those residences in the area and all along Cannonball TraiL) Name Address Phone No. 1 i / .�� -- ‘ 4424 L9r,/e 5s3 l0 77 ��� ��..,e•- 4 ,inter L�..A.. 5s.5-ia71. "fa. , ir, I , 6---,53_,c1.27 . tr: i 3143 C414140,402‘4* -- .. S F� _� 1s A pAA t�4q 53 — I Yce5. f`"� 1' .. c( It 1( tt ti c • r.;t; t « 1w ite,'�3't ' r et*/ -- is t.d r. r'.5 We,the owners,(signatures and addresses shown below) are in OPPOSITION to a text amendment to the Kendall County Agricultural Districts Special Use Zoning Ordinance that would allow residential units at dog kennels and allow retail sales at dog kennels. (This is in particular OPPOSITION to the dog kennel proposed for the 5-acre parcel directly west of the New Life Assembly Church on Cannonball Trail. 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X •y LL 'O O C` c W LU c 0 C Uh LL a)0 CaF— .N 3 CUO 0 C C v) E 3 CD ` 4t cu u_ 3 a) E E Q c-o °- „z-_ CO V J .p cc m m C E o m ° N v s`> `oV � •0OV L. e`> m r .� ' mc" o v a) Z' a) wp Y �. U �. c 'T3 �C a) 'U .6 m m .— V CV Q -? c� 3 D ac) n` o ` t0a 0 aa)) a) 0 ac) CO m a o a ° aa)) 3 •o m o o ) LL 0J2aLo25JCOC93 J Y >- m O Cn �CO "'..co 0 CLaLJLL2 C] F•- U 1997/1998 Audit Questions - 11/5/98 I have continued to study the Audit that was accepted last week by this council and have several new questions: 1) The Debt Service adjustment shown in Note 12 on page 24 has been changed from $347,586 to $261,446. We accepted a draft audit last week that was not final and has already been changed at least once. I am requesting a copy of the final audit be distributed to all council members so we may review what we have accepted. 2) I have tried to distill down those adjustments and imbalances for the benefit of those of us that are not fluent in accounting. I have prepared a sheet showing these questions which I present to you this evening. I have spoken with Mr. Steve Topolski and he has assured me that these questions will be answered in writing by the upcoming administration meeting. 3) I am requesting an accounting of Development Fees collected as a portion of building permits. It appears that an error has occurred in the accounting of fees credited to the Library. All other Development Fees were credited to their respective accounts based on 43 permits yet the library received an amount equal to 50 permits. 4) The General Fund shows receipt of$8,649 in Development Fee Interest. This figure must be in error. Mathematically speaking, we would had to have had over$100,000 is Development Fees collected and on deposit for over a year at greater than 8% interest for this figure to be correct. 5) Treasurer Scheffrahn pointed out quite correctly in his letter to the editor that the adjustments to beginning fund balances were made to balance the books. The question remaining is how did this happen. That has yet to be answered. Jeff Spang, Alderman Ward 1