City Council Minutes 1996 09-12-96 -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 12, 1996
Mayor Johnson called the meeting to order at 7:00 pm and led the Council in the Pledge of Allegiance.
ROLL CALL
Mayor Bob Johnson called the roll:
Ward I Callmer Present
Spang Present
Ward II Baker Present(Arrived at 7:15 pm)
Lynch Present
Ward IN Jones Present(left at 7:35 pm)
Prochaska Present(left at 7:50 pm)
Ward IV Sowinski Present
Stafford Present
QUORUM
A quorum was established.
Mayor Johnson welcomed those present, and asked them to please sign the guest register.
AMENDMENTS TO THE AGENDA
Amendments
Alderman Stafford requested the addition of Sewer Connection Fees Ordinance to the Report_
MEETING DATES
Public Works Committee Meeting: September 30, 1996 at 6:30 pm
Economic Development Committee Meeting will be moved from 9/16/96 to 9/18/96 in the Kendall
County Board Room. The Council reviewed the balance of committee meetings, and meetings will be
held as stated.
APPOINTMENT OF SANDRA MARKER AS TEMPORARY DEPUTY CLERK
Mayor Johnson asked for a motion to appoint Sandra Marker as Temporary Deputy Clerk from the dates
of September 12, 1996 to December 1, 1996. Alderman Callmer made a motion and Prochaska
seconded the motion to appoint Sandra Marker temporary deputy City Clerk from the dates of
September 12, 1996 to December 1, 1996 . Mayor Johnson called the roll:
Alderman Sowinski aye Alderman Prochaska aye
Alderman Stafford aye Alderman Jones aye
Alderman Lynch aye Alderman Spang aye
Alderman Callmer aye Alderman Baker absent
Motion carried 7-0.
Citizen Comments. None.
PUBLIC HEARINGS- - NONE
PLAN COMMISSION/ZONING BOARD OF APPEALS
The annexation and rezoning for The Edmeier Property has been approved by the Planning
Commission..
Cimarron Ridge and Fox Mill were tabled.
The Landmark America Concept Plan, and Kuczkowski Concept Plan were presented and reviewed and
they will go forward with them.
-2- City Council Meeting of 9/12/96
ZBA 96-1 ----NIESEN VARIANCE
Alderman Jones states that a variance is being requested by Mr. Ed Niesen at 103 Somonauk Road for
an accessory building height.
Building Inspector, Bill Dettmer states that the question was in regard to the height of the structure. In
the City Zoning Ordinance this is classified as an accessory or subordinate structure to the main
structure and Section 10.3-5 Section C, states that the height of this type of a structure shall not
exceed 15' in height. This is the only requirement that he does not meet on his request to build this
accessory structure.
Alderman Jones stated that there was also a question as to lot coverage.
Mr. Dettmer verified that he had personally checked and that Mr. Niesen has 15, 470 sq. ft. of land, and
is permitted to cover 20% of this total. His total including this structure if it were built would cover 16%.
Alderman Prochaska stated that there has been one objection by the property owner to the East.
Alderman Jones read the limits of the usage, limiting this to personal storage type use, and that
additionally the lot has a dramatic slope, and that drops this proposed structure below the roof lines in
the area, and there will be no driveway.
Mr. Dettmer states that if this parcel were a 1 acre lot„ he would not have to ask for a variance, and that
the 15,470 sq. ft. is the equivalent of 1/3 of an acre.
Mayor Johnson asked Mrs. Cookas, the landowner who made the objection, for further comments. Mrs.
Cookas asked under what standard for variation is this going to be allowed? A variance should meet
certain criteria, is there a hardship? What is the purpose of this building being taller? This will be 23'to
24' high. Her concern is that this is the equivalent of a two car garage with a loft, and you can call it a
garage, but this is a barn. This is one variance away from being a guest or rental house.
Mr. Niesen stated that he simply looked at a variety of plans and decided that this plan met his needs
with the loft providing extra storage, and based on the plan the roof cannot be lowered.
Mrs. Cookas stated that based on the City Ordinance, it should be upheld, Mr. Niesen should have to
show a hardship, and there has been no defense of the ordinance.
Attorney Kramer states that variance requests are considered one at a time because they are unique to
the specific situation, and this would not set a precedent. In regard to a height variance, I don't know if
you could show a hardship, except in the special instance of Amurol.
Alderman Jones made a motion, and Alderman Prochaska seconded the motion to approve the
resolution providing for a variance to the allowable height of an accessory building located at 103 E.
Somonauk, in Yorkville.
Alderman Spang read the attached statement an objection. Attached as part of the minutes. Temporary
City Clerk Marker called the roll.
Stafford Nay Sowinski Nay
Baker Nay Lynch Nay
Jones Aye Prochaska Aye
Spang Nay Callmer Nay
Motion Defeated 2-6.
-3- City Council Meeting of 9/12/96
RESOLUTION#96-30
SRB 96-2 PATEL -SUPER 8 SIGN VARIANCE
A motion was made by Alderman Sowinski and seconded by Alderman Stafford to approve the sign
variance for the Super 8 Motel located on Route 47.
Mayor Johnson asks for comments
Gary Price, Chairman of the Sign Review Board stated that they voted for the approval of this variance.
They believe this is a unique situation and good cause for a variance. Mr. Patel did put up a sign, and
then patrons could not see the sign. The committee did tour the area and determined that it was not
visible. They believe that due to the traffic flow in the area, it is important that people looking to stay
there should be able to find it. They should not have to go through that intersection several times. The
requested height of 35'would be sufficient in making the sign visible from all directions.
Alderman Stafford asked if the sign would stay with the business if Super 8 sold the building. It was
determined that it would likely be a similar use, and that unless the use of the building changed
dramatically, the sign would remain with the building. There have been no complaints.
Prochaska aye Stafford aye
Sowinski aye Spang aye
Callmer aye Baker aye
Lynch aye Jones Absent
Motion carried 7-0.
MINUTES APPROVAL
A motion was made by Alderman Spang and seconded by Alderman Lynch to approve the minutes of
the City Council Meeting of August 22, 1996.
Motion is carried.
BILLS APPROVAL
A motion was made by Alderman Prochaska and seconded by Alderman Lynch to accept the bills in the
amount of$101,246.93 and $52,315.38 payroll for a total of$153,562.31.
Alderman Spang states there is a question on CG Concrete. We have$5,052.00 to CG Concrete for
sidewalk repairs. Jim Nanninga states that work was done by Glen Gabel, and much of that work goes
back to replacing sidewalk on Kendall Drive. City is working on sending letters to residents, and we will
be making collections. This started out with one contractor and another contractor stepped in at our
request. The first arrangement was between the contractor and residents with property owners paying
the contractor direct. But, they didn't have a direct contract with this company since the city brought
them in. So we will be sending bills to the residents, this contractor came in at our request. This was
an extensive amount of work done and has created a difficult situation. If this becomes difficult to
collect, it may come to filing liens. Temporary City Clerk Marker called the roll.
Callmer aye Lynch aye
Jones absent Prochaska aye
Stafford aye Sowinski aye
Spang Present Baker aye
Motion is carried 6-0. 1 present
4
-4- City Council Meeting of 9/12196
Alderman Prochaska states he must leave at 7:50 PM.
ATTORNEY'S REPORT
No report
MAYOR'S REPORT
Mayor Johnson stated that the Trick&Treat hours this year will be between 4:00 PM -to 7:00 PM.
This will be in the City Newsletter also.
The Competitive Community Initiative meeting is scheduled for September 25, 1996 at 7:00 PM at the
Beecher Center.
There will be no Committee of the Whole meeting September 19, 1996,. to allow those that wish to
attend the opening day of The Illinois Municipal League Conference. The next Committee of the Whole
meeting will be 10/03/96.
CITY CLERK'S REPORT
No report
TREASURER'S REPORT
No report
CITY ADMINISTRATOR'S REPORT
City Administrator Nanninga updated the Elizabeth Street Storm Sewer Project, stating that the Public
Works crew will be at Elizabeth Street tomorrow at noon, and will be crossing Elizabeth Street on
Monday. We are close to completing the project, and are on schedule.
Alderman Spang asked when will PW begin final grading and landscaping of the disturbed areas.
City Administrator Nanninga replied that some near Corneils has been done already, and some top
soiling has been done in the area from Dolph to Washington. PW will start installing the split end
sections tomorrow, a 36", a 24" and two 12", so the system can take some water. We are trying to get
the pipe in the ground before we start top soiling, and will be shaping as we go.
Alderman Callmer asks if they will be black topping near the cul de sac on Washington, as no one
wants to go through Winter without that being paved.
Administrator Nanninga states that J.T. Johnson has had contact with Aurora Blacktop on several
occasions and that will be done about October 1st.
ECONOMIC DEVELOPMENT COMMISSION REPORT
Next meeting will be October 8, 1996- 7:00 PM in the Kendall County Board Room.
SCHOOL COMMUNITY REPORT
No report
OLD BUSINESS
Alderman Lynch states that the Adopt-A-Highway will meet at the Tower this Sunday at Noon.
NEW BUSINESS
None.
City Council Meeting of 9/12/96
-5-
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE
Resolution 96-31 - Engineering Review Fees
A motion was made by Alderman Stafford and seconded by Alderman Lynch to approve the resolution to
impose Engineering and Review Fees. Temporary City Clerk Marker called the roll.
Spang aye Caller aye
Baker aye Lynch aye
Jones absent Prochaska absent
Stafford aye Sowinski aye
Motion Carried 6-0.
Ordinance 96-10 Amending Section 4-1-1 of the United City of Yorkville regulating Open Burning
A motion was made by Alderman Stafford and seconded by Alderman Lynch to amend the ordinance
regulating open burning. Temporary City Clerk Marker called the roll.
Baker nay Lynch aye
Jones absent Prochaska absent
Stafford aye Sowinski aye
Spang aye Callmer aye
Motion carried 5-1.
BUILDING PERMIT REPORT
A motion was made by Alderman Stafford and seconded by Alderman Lynch to approve the July 1996
Building Permit Report.
Motion carried.
Blaine Street Rehabilitation
A motion was made by Stafford and seconded by Alderman Spang to authorize Mayor Johnson and the
City Clerk to execute a contract with the low bidder, Aurora Blacktop in the amount of$112,645.70 for
the improvement of Blaine Street conditional upon the mayor and City Council approval.
Alderman Spang withdraws his second of the motion. Alderman Stafford explained that the conditional
approval is based on not having a proposal from Aurora Blacktop on how they plan to bill this out.
Attorney Kramer explains that the motion to authorize& execute a contract should be directed to the
mayor only, and since Alderman Spang has withdrawn his second, the motion should be made again.
Alderman Stafford makes the motion with the final approval directed to the mayor only. Alderman
Spang seconds. Temporary City Clerk Marker call the roll.
Jones Absent Prochaska Absent
Spang Aye Callmer Aye
Baker Aye Lynch Aye
Stafford Aye Sowinski Aye
Motion carried 6-0.
City Council Meeting of 9/12/96
-6-
Game Farm Road Water Main
Alderman Stafford made the motion and Alderman Lynch seconded to authorize the Mayor and the City
Clerk to execute a contract with the low bidder of Scorpio Construction Corporation in the amount of
$108,095.00 for the construction of the new water main along Game Farm Road, pending the necessary
easements from the School District. Joe Wywrot, City Engineer states he has checked several
references in Aurora and they are an adequate contractor. Alderman Lynch stated that through a letter
from Dr. Engler, the School District will grant easements to run across school property.
Temporary City Clerk Marker called the roll.
Stafford Aye Sowinski Aye
Baker Aye Lynch Aye
Jones Absent Prochaska Absent
Spang Aye Callmer Aye
Motion carried 6-0.
Ordinance 96-11 Amending the Tap-on Fee Schedule in the United City of Yorkville
Alderman Stafford made a motion and Alderman Baker seconded the motion to approve the fee
schedule for sewer connection fees, effective November 1, 1996 with the condition that all these fees be
kept separate in the general fund to be disbursed by the City Council. Temporary City Clerk Marker
called the roll.
Prochaska Absent Stafford Aye
Sowinski Aye Spang Aye
Callmer Aye Baker Aye
Lynch Aye Jones Absent
4140 Motion carried 6-0.
Resolution 96-32 Parks Board and Open Space Master Plan
Alderman Sowinski made a motion and Alderman Lynch seconded to pass the Resolution approving
the United City of Yorkville Park Board Comprehensive Parks Plan. Mayor Johnson asked for comments
and questions. There is a question on this being displayed at the City Office and Attorney Kramer
explains that this has a slight name change just made today to comply with the cover page that was
slightly different and the language was adjusted to read Park Board and Open Space Master Plan.
Temporary City Clerk Marker called the roll.
Callmerr Aye Lynch Aye
Jones Absent Prochaska Absent
Stafford Aye Sowinski Aye
Spang Aye Baker Aye
Motion carried 6-0.
Public Safety Committee Report
Alderman Callmer made a motion and Alderman Baker seconded to accept the June&July Police
Reports.
Motion is carried.
-7- City Council Meeting of 9/12/96
Appointment of Part-time Police Officer Daniel Pleckham, Jr.
Alderman Callmer made a motion and Alderman Baker seconded to appoint Daniel Pleckham, Jr. to the
position of part-time police officer with a effective date of September 23, 1996, at a pay rate of$9.00 per
hour. This is conditional upon Mr. Pleckham successfully completing his pre-employment requirements
and all other conditions as stated in the employee manual including a one year probationary period.
Temporary City Clerk Marker called the roll.
Spang Aye Callmer Aye
Baker Aye Lynch Aye
Jones Absent Prochaska Absent
Stafford Aye Sowinski Aye
Motion is carried 6-0.
Administration Committee Report
No report.
Alderman Stafford states that he appreciates all the help he has received from other Council members
due to his time off caused by business restraints. Especially to Jerry Lynch for filling in for him.
ADDITIONAL BUSINESS
Chief of Police Tony Graff states that Daniel Pleckham is present and would Mayor Johnson please
administer the oath of office in the absence of City Clerk Allison's presence.
Mayor Johnson administers the oath of office to Daniel Pleckham.
Alderman Baker made a motion and Alderman Callmer seconded to adjourn. Motion carried.
Adjourned 8:10 PM
•
rip. ,//._ _
Sand Marker, Te'lot'ary Deputy Clerk
Niesen Variance Request 9/12/96
When this issue first came up, I found it difficult to get to upset about a
simple variance of 6 feet in height. As I asked questions and researched the
issue, a new view emerged.
If one reads the City of Yorkville Zoning Ordinance, you will find that the
purpose of the Ordinance is defined. In section 10-1-2 A, it states that it was
established to, among other things, promote and protect the comfort and
general welfare of the people, to provide adequate light and air to property,
and to fix reasonable standards to which buildings or structures shall conform.
The standards contained in this Ordinance are deemed reasonable and should
not be varied without cause.
As I researched further, I found that the Ordinance states in section 10-
14-5 C the standards under which variances can be granted and times when
they should not be granted. Section 10-14-5 C 1 states that no variance should
be granted unless a finding of hardship as defined by the Illinois Municipal
Code can be found. Section 10-14-5 C 1 a states that the hardship must exist
other than as a mere inconvenience. Section 10-14-5 C 1 c states that the
hardship can not have been created by any person with an interest in the
property, and finally, section 10-14-5 C e states that the proposed variation
must not impair an adequate supply of light and air to adjacent property.
Mr. Niesen has requested this variance, but has not yet to demonstrate
any hardship. It should be incumbent upon the petitioner to show good reason
for this variance, as allowed in section 10-14-5 C, before it is granted.
Mrs. Cookas has come forward and given evidence that she is concerned
that this variance would impair the supply of light and air to the adjacent
property. She has stated that she expects the City to maintain the reasonable
standards they have put in place with this Ordinance.
I believe the City of Yorkville has good standards in place to maintain the
quality of life here. As I review this decision, I believe these standards should be
upheld unless they are found to be grievously flawed. They are in place to
protect the "Silent Majority" of citizens. I respectfully ask my fellow council
members to deny this variance and support that "Silent Majority".
Alderman Jeff Spang, Ward 1