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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