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City Council Minutes 1996 09-26-96 -1- MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS HELD IN THE KENDALL COUNTY BOARD ROOM ON Thursday, September 26, 1996 Mayor Johnson called the meeting to order at 7:00 pm and led the Council in the Pledge of Allegiance. ROLL CALL Temporary Clerk Marker called the roll: Ward I Callmer Present Spang Present Ward II Baker Absent Lynch Present Ward III Jones Present Prochaska Present Ward IV Sowinski Present Stafford Absent QUORUM A quorum was established. Mayor Johnson welcomed those present, and asked them to please introduce themselves. Those present were. Valerie Burd Jeff-WSPY Cameraman Tony Graff AMENDMENTS TO THE AGENDA None MEETING DATES Public Works Committee Octtober 7, 1996 at 6:30 pm Committee of the Whole October 3, 1996 at 6:30 pm Economic Development October 15, 1996 at 7:00 pm Public Safety October 23, 1996 at 6:30 pm - corrected Administration October 8, 1996 at 8:30 pm Joint Chamber of Commerce Committee October 15, 1996 RIVERFRONT DONATIONS On behalf of The Riverfront Foundation Alderman Jones accepted a donation from Burks Drywall in the amount of$500.00. Also accepted on behalf of the Riverfront Foundation was the Nanninga Family's profits from sales at the Riverfront Festival of a donation in the amount of$1215.00 CITIZEN COMMENTS None PUBLIC HEARINGS None PLAN COMMISSION/ZONING BOARD OF APPEALS No report MINUTES APPROVAL A motion was made by Alderman Spang and seconded by Alderman Jones to approve the minutes of the City Council Meeting of September 12„ 1996. Motion is carried. t ''I City Council Meeting Minutes 9/26/96 -2- BILLS APPROVAL Alderman Prochaska stated that there was an amendment to the bill list distributed, and that the bills for East Jordan Iron Works, Carroll Distributing and Central Limestone are Riverfront Days and Riverfront Foundation bills and need to be stricken from the bill list. A motion was made by Alderman Prochaska and seconded by Alderman Lynch to approve the bill list after removing the aforementioned vendor bills, and approve $165,220.42 vendor, and $52,790.37 payroll., fora total of$218,010.79. Temporary clerk Marker called the roll: Prochaska aye Sowinski aye Spang aye Callmer present Lynch aye Jones aye Motion is carried 5-0, 1 present ATTORNEY'S REPORT No report MAYOR'S REPORT No report CITY CLERK'S REPORT No report TREASURER'S REPORT No report CITY ADMINISTRATOR'S REPORT City Administrator Naninga reported that all the pipe is in on the Elizabeth Street storm sewer, and it functioned well today. One small pool of water at Dolph due to the installation of inlet, and that is under contract with Alliance Concrete. They lost some time due to rain so it will be next week before it is seeded, as it may not be dry enough, but dressing has been done at both ends, and now must be seeded. Alderman Callmer asks if it will be paved before cold weather. Mayor Johnson states it will be done the same time as Blaine. J.T. Johnson, Director of Public Works states they are working on holes and around driveways over the next couple of days ECONOMIC DEVELOPMENT COMMISSION REPORT Next meeting is October 8, 1996, Kendall County Board Room at 7:00 PM SCHOOL COMMUNITY REPORT Next meeting October 15, 1996 School District Offices at 7:30 PM Alderman Prochaska states they have had the second in a series of Joint meetings of the Yorkville Schools and the Plano School District along with the Plano City Council and have shared some views which he will be sharing at the Committee of the Whole Meeting to get some input from the Council. The next meeting of the Joint School Districts is tentatively scheduled for November 6, 1996 at Plano City Council Chambers. Alderman Prochaska, Administrator Nanninga, Dr. Engler, others from the School District, and Park Board members will be meeting on Monday , September 30, 1996 to discuss some shared use policies between the City and the School District to include the use of the new High School. This meeting will be held at the Administration Offices of the School District at 4:00 pm. City Council Meeting Minutes 9/26/96 -3- OLD BUSINESS Alderman Prochaska asks about repairs to the 20' cut across Sunset. J.T. Johnson states Aurora Blacktop has been contacted by Him and Gary Conover, and they will be out as soon as possible. The responsibility lies with Conover since he made the cut when doing sewer work. Alderman Prochaska stated that in the future arrangements should be made for repairs prior to giving approval to dig it up. This item was referred back to Public Works. Alderman Callmer asked if repairs to State Street were on the list for Aurora Blacktop. J.T. Johnson stated it was. Alderman Jones asked if the other areas of State Street were going to be repaired as well. The residents think this is to be repaired this Fall. Administrator Nanninga stated that this is where the new deep sewer project is to run the new line, and outlined the route Van Emmon West to State and down State to the interceptor. Alderman Spang asks if the crews were going to use Motor Fuel Tax to do paving on State. J.T. Johnson states they can do some cold patching. Alderman Callmer asks if the Motor Fuel Tax money can be used somewhere else now. Mayor Johnson states that the Motor Fuel Tax money can be used any time up to May of 1997, and refers this back to Public Works to resolve. Alderman Callmer asks when Aurora Blacktop will shut down for Winter. J.T. Johnson states that they shut down December 10th, last year. NEW BUSINESS Alderman Prochaska presents a trophy won during the Riverfront Festival. Mayor Bob Johnson and City Administrator Jim Nanninga are presented with the trophy for winning The Second Annual Mayor's Canoe Race on the River from Oswego to Yorkville. He statedour Mayor and Administrator have come through for Yorkville, bringing the trophy back to Yorkville. The trophy will be on display at the City Offices. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE Alderman Lynch makes a motion and Alderman Sowinski seconds a motion to accept the agreement from the Salvation Army Golden Diners and the City of Yorkville. Alderman Spang states he has not seen the document, and therefore knows nothing about it. Alderman Callmer asks if it is still a one year period of time. Alderman Lynch states it is still for one year. Alderman Callmer state that the Salvation Army would never be involved in anything that was questionable, that they have less going toward bureaucracy and administrative costs than any other charity in the country. Temporary clerk Marker called the roll. Caller aye Lynch aye Jones aye Prochaska aye Sowinski aye Spang aye Motion Carried 6-0. City Council Meeting Minutes 09-26-96 -4- ECONOMIC DEVELOPMENT COMMITTEE Alderman Jones state she has a report that refers to the Neisen variance that was heard at the City Council Meeting of September 12, 1996. See attached statement. Alderman Prochaska stated that if we are going to bring an objection, and insist on going by the letter of the law then it should be done on every variance request. We should explore what we are doing and perhaps always go by the letter of the law and not allow any variances. Is a new a new policy needed with perhaps a check list that will outline the conditions that have to be met to get a variance. Alderman Spang stated that he objected being attacked, and always supports the ordinances, he continues to research until the last minute on all the issues until he find the answer he is looking for. No one came forward objecting to the Patel request. In the case of Patel there was no objection, and he believes that the reason for a variance by limiting the height of a sign that made his business difficult to find. Alderman Jones states she believes variances are being influenced by whether it makes money or not. Alderman Sowinski stated that we should consider that Mr. Dettmer read the zoning regulation that pointed out the requirement for showing a hardship. Neisen's not showing a hardship probably influenced votes. Prochaska stated that we need to look into the future and make some stipulations on conditions that need to be met. Mayor Johnson requested that Administrator Nanninga work on this with the Zoning Board of Appeals. We need to be consistent in what we do or we need to change the policy. Everyone should consider this and talk about it in committee, and take it to the Zoning Board of Appeals. Alderman Callmer stated that we are responsible for our actions and there was an adjoining property owner's objection. I believe this has a strong influence on our votes when there is an objection by an adjoining property owner. Now, and in the past, this has held some of us to the ordinance. Alderman Lynch stated that there is always an exception. PUBLIC SAFETY COMMITTEE No report ADMINISTRATION COMMITTEE No report ADDITIONAL BUSINESS Alderman Spang states he has been studying the Dwelling Unit Impact on the City of Yorkville. See attached. Alderman Prochaska asks how many building permits should be issued, and a PUD should not be used as an excuse for a variance. We need to look at a commercial & residential balance. Alderman Spang states he believe 40 permits should be the limit per year, and another thing is that we should not be changing commercial property to residential. Alderman Jones states we need to form a task force to analyze. • 64/11.(X-e - e-c,r7.C.G(/(411 azi /6//e/ ' sz_te City Council Meeting Minutes -5- Mayor Johnson asks Alderman Jones to take the report and use it as a tool. Alderman Lynch states that the Haunted House will be October 19th, 25th, and 26th. It will be $9.00, with $2.00 off if you bring food. Food goes to the Food Pantry. The money goes to the Needy Kids Christmas Fund. Need volunteers. Alderman Spang wishes the mayor a speedy recovery from his surgery. Alderman Lynch made a motion and Alderman Sowinski seconded to adjourn. Motion carried. Adjourned 7:55 PM By: ` /i. Ade an:' �arker, Tempora 'eputy Clerk To: Mayor and City Council IIFrom: Alderman Jones Date: Sept 26, 1996 RE: Variances At our last meeting, city council meeting of 9/12/96, two like items came before this council. Both were variance requests for height but had difference outcomes. I am not here to question any one's vote but to address the errors in our process. #1 - Mr. Niesen applied for this variance request on 5/15/96. He went to each meeting requested for four months before his issue was noted on. Not once during our structure did any member voice opposition this his request. #2 -At EDC, five members from this council were present, each member was asked their opinion. There were no objections only condition added to the resolution that satisfied the five members present. The recommendation from this meeting was one of agreement to these conditions with the recommendation to send the item on to COW. #3 - At the next COW meeting, four questions were raised for the building inspector to address. Consensus was one of agreement, send on to city council for a formal vote. #4 - At the city council meeting the building inspector addressed all four questions raised, none of which posed any problem. The vote was then taken and the motion was defeated. The reason for rejection appeared to be due to lack of hardship. No where during this process was Mr. Niesen requested to prove a hardship, whether by our office staff our building inspector, or a council member. Just like the 25 previous requests that the Yorkville City Council has been presented with in the last 8 years. And this does not even include requests from developers. This requests were voted on by many of you sitting before me now. Just prior to calling for the vote we were read sections of our code regarding variances, and hardship is one area to address when considering a recommendation or exception subject to the conditions for substantial justice. However, I feel that not all the code was read to you. Note the following standards that should also be considered: 1) Physical topography conditions- which I pointed out had a steep slope, so the top of this shed would not be taller than Mr. Niesen's home. 2) Conditions unique to the property(again as stated above) and these conditions may not have been created by the person having interest in the property. Example given: Super 8 Motel bought land locked property causing the request for both of their variance requests. IIAnd the Blackberry North builder who requested a variance because he had the foundation poured one foot into the easement. 3) Exclusively not for desire to made more money out of the property. Example given: Again Super 8, Blackberry North builder, and any other developer. 4) Not detrimental to public safety. Why have we not used this same criteria with all variance requests that come before us? Why start with Mr.Niesen without giving fare warning? Hardship? Did we question this with every petitioner before Mr. Niesen, for the last eight years?(example, The Lindbloom's, The Bell's, Gary Conover,Linden&Morganegg) Do we need to address our process/system? And finally, what good is our committee structure when we do not take the recommendation from our boards or committees? Or show the same respect to other members and life long citizens that we would expect? Dwelling Unit Impact on The City of Yorkville 9-27-96 Yorkville is poised on the precipice of explosive growth. This Council and previous Councils have already approved enough new dwelling units to double the current size of this city. Most of us recognize what rapid expansion and growth bring to a community; higher crime rates, congestion, infrastructure failures, pollution, over-crowding in the schools, higher taxes due to greater demand for services, and more. At this time, we have about 5,000 people and 1700 dwelling units within the corporate limits of Yorkville. Waiting in the wings are an additional 1,432 dwelling units already approved and waiting to be built. This addition alone will bring the population of Yorkville to nearly 9,000 people. It will add about 1,700 students to the school system, bring over 2,100 additional automobiles to our streets and further tax our infrastructure systems. Currently before this city's governing boards are requests for the approval of 1,857 additional dwelling units. These units, if approved, would bring over 5,000 new residents. These units would add an additional 2,228 students to an already over burdened school system and 2,700+ additional cars to our streets. These additions will also necessitate vast and expensive expansions to our water system, our sanitary district, our public works and police departments. It isn't hard to imagine a town that no longer resembles the community which most of us raise our families in. Continued approval of residential dwelling projects will have an increasingly adverse impact on the quality of life here in Yorkville. We only need to examine things as they are to ascertain what the future holds for Yorkville and it's citizens. We presently have 850,000 gallons of water storage. Our average daily use of over 600,000 gallons indicates that we are at our upper limit of water usage versus water storage. Any serious increase in water use will require expansion of storage capacity and possibly the need for increased supply. As stated in our Comprehensive Plan published in 1994, we are at the maximum treatment capability in our sanitary plant. Any serious increase in sewage generated will require increased treatment capability. In addition, Deuchler Engineering has identified $2.6 million worth of sanitary sewer rehabilitation that is necessary within the next 2 years. Many miles of city street are already in deplorable condition. We are presently understaffed by 1 in both the police department and in public works. As population is added, these departments must be increased in size to meet the challenges of those new citizens. Since I joined the City Council in December of 1994, only 1 commercial addition to Yorkville has come before us, the F.E.Wheaton property. In able to secure that development, 164 dwelling units were approved and 188 were set aside in zoning that is commercial. If that commercial property does not develop by 1999, we get 188 new residential units. These types of trade-offs can not continue if we expect to maintain the quality of life we have been fortunate to experience. ,mot Today we discuss sewer issues with 2 developments to the south. These 2 developments represent 600 new homes. That equates to 2,144 new residents at build out. Over 214,000 gallons of water use per day, over 214,000 gallons of sewerage to be treated per day, over 900 additional cars to fill our streets, and almost 600 new students to our school system. The City is not without benefit in this endeavor. There are increased revenues generated by new development. In the case of the previously cited example, we would enjoy increased water sales, higher collections on sewer maintenance fees, and park and school land cash fees. School land cash fees are meant for buildings. Currently, one 25 student classroom can be built and furnished for about $90,000. Six hundred students would then require 24 new classrooms at a cost of about $2,160,000. Together, the 2 previously mentioned developments will pay around $536,678 in school land cash fees and then only if no land is donated. These are real impacts to our community from only two developments. There are 15 more developments to add to the totals. Our neighbors to the east heard a request for a building moratorium too. late and did not act. I don't believe a moratorium will help us at this time either. As development approaches us, we continue to agree to Planned Unit Development agreements that negotiate down our standards. It is time to stop and take stock of what we are doing. Limits should be set up in ordinance form to limit the number of residential dwelling units that can be brought on line each year. These limits should be set at a level that can be absorbed into our community in the least disruptive or detrimental fashion. We must find a way to slow the residential growth and find it soon or surely we will suffer the same fate as our neighbors to the east. 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PARK COMPUTATION DETACHED SINGLE FAMILY HOMES 6.317560 ACRES ATTACHED SINGLE FAMILY UNITS 1.959760 ACRES TOTAL 8.277320 ACRES CASH CONTRIBUTION AT (ACRE) V4:074:* EQUALS $310,400 PARKS DEDICATED :`�1`,i 1ACRE CASH 8.277320 ACRE @ $37,500 EQUALS $310,400 PER UNIT COST $777.75 SCHOOL COMPUTATION DETACHED SINGLE FAMILY HOMES ELEMENTARY 1.494680 ACRES JUNIOR HS 1.945664 ACRES HIGH SCHOOL 1.584120 ACRES TOTAL 5.024464 EQUALS $188,417 Per Lot Cost $614.00 ATTACHED SINGLE FAMILY UNITS ELEMENTARY 0.246840 ACRES JUNIOR HS 0.229973 ACRES HIGH SCHOOL 0.137280 ACRES TOTAL 0.614093 EQUALS $23,029 SCHOOL TOTAL @ $37,500 $211,446 schpark.wt4 SCHOOL - PARK LAND / CASH COMPUTATION ESTIMATED POPULATION PER DWELLING UNIT TYPE PRE-SCH ELEMENT JHS HS ADULTS TOTAL DETACHED SINGLE FAMILY 2 BDRM 0.102 0.122 0.041 0.02 1.694 1.979 3 BDRM 0.256 0.358 0.143 0.146 1.962 2.865 4 BDRM 0.413 0.474 0.303 0.307 2.176 3.673 5 BDRM 0.231 0.317 0.231 0.212 2.606 3.597 ATTACHED SINGLE FAMILY (TOWNHOMES) 1 BDRM 0 0 0 0 1.068 1.068 2 BDRM 0.091 0.094 0.077 0.037 1.775 2.074 3 BDRM 0.229 0.212 0.063 0.067 1.809 2.38 4 BDRM 0.346 0.321 0.169 " 0.183 2.317 3.336 NUMBER OF UNITS . . . .-::::,:,=72:. 17.1i DETACHED SINGLE FAMILY BDRM 1 0 0 0 0 0 0 BDRM 2 f 0 0 0 0 0 0 BDRM 3 f. 0 0 0 0 0 0 BDRM 4 - 71.036 81.528 52.116 52.804 374.272 631.756 BDRM 5 0 0 0 0 0 0 TOTAL 100% 71.04 81.53 52.12 52.80 374.27 631.76 NUMBER OF UNITS fi' ATTACHED SINGLE FAMILY (TOWNHOMES) BDRM 1 4 r 0 0 . 0 0 0 0 BDRM 2 � 4.004 4.136 3.388 1.628 78.1 91.256 BDRM 3 _ `'='= r -Ar 10.076 9.328 2.772 2.948 79.596 104.72 BDRM 4 �: ,'" z 0 0 0 0 0 0 BDRM 5 - r>;;',; a 0 0 0 0 0 0 TOTAL 100% 14.08 13.464 6.16 4.576 157.696 195.976 schpark.wt4 �-C uK�_. aE �x ��`:�, i� b b ti Jr �..F+itf +,; "A"'' f4F i ti�,�Y"� 'F � } t �tl=f cX.fr`' �� *.7 1 `M a�x �kim2; �t �:. tf 411 .Ed 4, � �, t� xn � � � Sad• j s +�' 5 Y � , �17* �`.�`iti` i i2, 't " iM t n .��� Y 4th vb «n .'C� Y,r. ,. �h:S�,p. ^'.�.r''�, l�r,�'��.,.�. z., w.'�.,, y�..,rt �nr, ,...!t? 4.�'.rcF',a-.�a,a:�.�.r.. r3..,.n: �i'n�i 9 r �.,'�1..,1,.�?,A. . .. PARK COMPUTATION DETACHED SINGLE FAMILY HOMES 9.439610 ACRES ATTACHED SINGLE FAMILY UNITS 3.719090 ACRES TOTAL 13.158700 ACRES CASH CONTRIBUTION AT (ACRE) ' : EQUALS $493,451 PARKS DEDICATED ;;'u°" `;-ACRE CASH 13.158700 ACRE @ $37,500 EQUALS $493.451 PER UNIT COST $777.75 SCHOOL COMPUTATION DETACHED SINGLE FAMILY HOMES ELEMENTARY 2.233330 ACRES JUNIOR HS 2.907184 ACRES HIGH SCHOOL 2.366970 ACRES TOTAL 7.507484 EQUALS $281,531 Per Lot Cost $614.00 ATTACHED SINGLE FAMILY UNITS ELEMENTARY 0.468435 ACRES JUNIOR HS 0.436427 ACRES HIGH SCHOOL 0.260520 ACRES TOTAL 1.165382 EQUALS $43,702 SCHOOL TOTAL $37,500 $325,232 schjark.wt4 SCHOOL - PARK LAND / CASH COMPUTATION ESTIMATED POPULATION PER DWELLING UNIT TYPE PRE-SCH ELEMENT JHS HS ADULTS TOTAL DETACHED SINGLE FAMILY 2 BDRM 0.102 0.122 0.041 0.02 1.694 1.979 3 BDRM 0.256 0.358 0.143 0.146 1.962 2.865 4 BDRM 0.413 0.474 0.303 0.307 2.176 3.673 5 BDRM 0.231 0.317 0.231 0.212 2.606 3.597 ATTACHED SINGLE FAMILY (TOWNHOMES) 1 BDRM 0 0 0 0 1.068 1.068 2 BDRM 0.091 0.094 0.077 0.037 1.775 2.074 3 BDRM 0.229 0.212 0.063 0.067 1.809 2.38 4 BDRM 0.346 0.321 0.169 " 0.183 2.317 3.336 NUMBER OF UNITS _ _-- _._Z7:: DETACHED SINGLE FAMILY BDRM 1 0 0 0 0 0 0 BDRM 2 48 , 1 0 0 0 0 0 0 BDRM 3 j 0 0 0 0 0 0 BDRM 4 106.141 121.818 77.871 78.899 559.232 943.961 � 7 Rte'; • BDRM 5 ;. 0 0 0 0 0 0 TOTAL 100% 106.14 121.82 77.87 78.90 559.23 943.96 NUMBER OF UNITS `} ATTACHED SINGLE FAMILY (TOWNHOMES) BDRM 1 0 0 0 0 0 0 BDRM 2 7.5985 7.849 6.4295 3.0895 148.2125 173.179 BDRM 3 "; '°� r :A 19.1215 17.702 5.2605 5.5945 151.0515 198.73 BDRM 4 Ma :1;;U 0 0 0 0 0 0 BDRM 5 g,:=.;:f. :;';Altit 0 0 0 0 0 0 TOTAL 100% 26.72 25.551 11.69 8.684 299.264 371.909 schpark.wt4