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City Council Minutes 1996 07-25-96 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS HELD AT THE KENDALL COUNTY BOARD ROOM ON Thursday, July 25, 1996 Mayor Johnson called the meeting to order at 7:05 p.m. and led the Council in the Pledge of Allegiance. Clerk Allison called the role: ROLL CALL Ward I Callmer Present Spang Present Ward II Baker Present Lynch Present Ward III Jones Present Prochaska Present Ward IV Sowinski Present Stafford Absent A quorum was established. QUORUM F GUESTS Mayor Johnson welcomed those present and askINTRODUCTION o introduce themselves. AMENDMENTS TO TH:F AGENDA The following items were tabled from the agenda: Riverfront Donations, Engineering Fees Reviewed, May Water Report, Kushkowski Recapture, School Transition Ordinance, Century 21 Contract for sale of lots. MEETING DATES The council reviewed the listing of committee meetings. Meetings will be held as stated. Mayor Johnson asked for any citizen comments. CITIZEN COMMENTS Kyle Corneils of West Washington street indicated that he appreciated the help the city was giving those effected by the flood including dumpsters for disposing of damaged goods. Also, he indicated that he appreciates the investigation the city is completing concerning the drainage ditch located near his home. Mary Unterbrenner, representative of the Welcome Wagon, informed the council that this week is Welcome Wagon Week. Mayor Johnson asked for any other citizen comments. There were none. PUBLIC HEARINGS -- NONE PLAN COMMISSION / ZONING BOARD OF APPEALS PC 96-13 -- Sloniger Prelimipa ,y Plan Alderman Jones stated that the first item to be reviewed was the PC 96-13 , Sloniger Preliminary Plan. Alderman Jones indicated that while the Plan Commission has reviewed this issue, a vote was not taken on the rezoning issue, according to the minutes. Attorney Kramer has indicated that this must be returned to Plan Commission for the zoning change request. Alderman Jones stated that the original PUD Agreement on the property included a rental restriction. They are asking for this to be removed from the PUD Agreement to allow the petitioner to sell the units. Alderman Spang asked how the city council could protect those potential buyers of the townhomes concerning the business zoning currently in place on the property. Alderman Prochaska stated that this should be rezoned residential. Attorney Kramer stated that a petition has been made to rezone to the entire parcel to R-4. This needs to have a vote from the Plan Commission before any action is taken on zoning. Alderman City Council Regular Session - July 25, 1996 - page 2 Prochaska stated that he feels this should be brought up for discussion at the next COW meeting so that exact information on the zoning issue makes sense. The petitioner, Darren Sloniger indicated to the council that he is just asking for the council to approve removing the rental restriction from the PUD agreement so that he can begin construction. Alderman Jones stated that this is the same issue as the previous owner was looking at except for the units to be sold instead of rented. Alderman Spang expressed concern that the council previously encouraged the units at 310 & 312 Hydraulic be rental units with business zoning. If in fact the council were to vote to remove the rental restriction, what protection is there for the potential buyers regarding their being made aware of the business zoning in place. Attorney Kramer stated that the units cannot be sold until the title is platted. Therefore, all changes would be in place before any sale can be made. The Plan Commission did approve the Plan but did not vote on the zoning request. The issue is to whether or not to strike out the rental restriction listed in the PUD agreement. A motion was made by Alderman Prochaska and seconded by Alderman Callmer to table PC 96-13 at this time. Clerk Allison called the role: Jones - aye Prochaska - aye Spang - aye Callmer - aye Baker - aye Lynch - aye Sowinski - nay Motion carried 6-1. PC 96-15 Little (Kendall Co. ) Alderman Jones stated that the next issue regards a county zoning change request on property located north of the city on Route 47. (D. Fisher property) . This is requested to be zoning M-1 Limited / Special Use for this owner only. It is recommended for approval by the Plan Commission and the Economic Development committee. Attorney Grant addressed the council . He indicated that his client has voluntarily agreed to the limitation to restrict the property to special use for his clients to use. They will be manufacturing plastic pvc pipe used in the water conditioning industry. The City's comprehensive plan does show this area as being manufacturing. The Little's are also purchasing the residence as well as the buildings. A motion was made by Alderman Jones and seconded by Alderman Baker to recommend to the county board the approval of M-i zoning with the condition of the signed pre-annexation agreement. Clerk Allison called the role: Sowinski - aye Baker - aye Lynch - aye Jones - aye Prochaska - aye Spang - aye Callmer - aye Motion carried. PC 96-16 Fields of Farm Colony (Kendall Co 1 Alderman Jones stated that the preliminary plat has been previously approved. This has been through the EDC and the Plan Commission. Several items were to be reviewed by the City Engineer. Joe Wyrot stated that he did not receive the plans until tonight. City Council Regular Session - July 25� 1996 - page 3 Alderman Prochaska stated that he has a problem with the city engineer not having looked at the plans. Alderman Spang supports Art's comments indicating he too feels the plans needs to be reviewed so that the council knows how they parallel the plat. Ed Joanis stated the plat has not been changed. He also responded to Alderman Spang's question concerning the roads indicating that they have compromised with the county and the city on the road issue. Alderman Spang stated he preferred that the engineer had time to review the plans. Alderman Jones asked about delaying the vote until after discussion at the COW meeting next Thursday. A motion was made by Alderman Prochaska and seconded by Alderman Spang to table PC 96-16 the Fields of Farm Colony. Clerk Allison called the role: Prochaska - aye Sowinski - aye Spang - aye Callmer - aye Baker - nay Lynch - nay Jones - aye Motion carried. 5-2 . PC 96-17 Corwin (Kendall Co. ) Alderman Jones stated that this has been recommended for approval by both the EDC and the Plan Commission. Motion was made by Alderman Jones and seconded by Alderman Baker to recommend to the county approval of PC 96-17 . Clerk Allison called the role: Callmer - aye Lynch - aye Jones - aye Prochaska - aye Sowinski - aye Spang - aye Baker - aye Motion carried. MINUTES A motion was made by Alderman Sowinski and seconded by Alderman Lynch to accept the regular City Council minutes dated July 11, 1996 as presented. Motion carried. BILLS APPROVAL Alderman Prochaska stated that a memo is attached regarding changes being requested from the original bill listing. The changes are appropriate explained in the memo. A motion was made by Alderman Prochaska and seconded by Alderman Sowinski to approve and pay bills in the amount of $97,949.61 vendor, $54,143 .95 in Payroll for a total of $152,093.56. Clerk Allison called the role: Jones - aye Prochaska - aye Spang - aye Callmer - aye Baker - aye Lynch - aye Sowinski - aye Motion carried. ATTORNEY'S REPORT Attorney Kramer informed the council that a letter dated Ju]Ly 17th from F.E. Wheaton has been received stating that they did not use all of the bonding funds originally authorized by the City. A motion was made by Alderman Prochaska and seconded by Alderman Lynch to approve the resolution to reject the use of $417,311.47 of the City of Wheaton Industrial Revenue Bonds Allocation. City Council Regular Session - July 25, 1996 - page 4 Alderman Baker asked if there were any administrative costs to be covered. It was noted that the city is not responsible for any administrative costs. Clerk Allison called the role: Sowinski - aye Baker - aye Lynch - aye Jones - aye Prochaska - aye Spang - aye Callmer - aye Motion carried. MAYOR'S REPORT Mayor Johnson read the Proclamation stating that this is Welcome Wagon Week. Mayor Johnson also reminded the council of the upcoming Community Initiative Steering Committee meeting to be held Tuesday, July 30th. Mayor Johnson read aloud a statement he had prepared regarding the recent flooding in the City of Yorkville and Kendall County area. Mayor Johnson expressed his sympathy to those effected by the flood and stated that the City will be working to provide and assist those afflicted wherever possible. This will include the waiving of permit fees. Information on how to complete claims will be made available at the City office. Mayor Johnson commended Chief Graff and his staff along with the Public Works department for their work in this time of need. Thanks were also made to TCD for their quick response in providing dumpsters; the citizens who helped each other during this time of crisis; Carol Hammond for providing the necessary sand to help save the Com Ed transformer. Mayor Johnson stated that there is an extensive list of many businesses and organizations who helped to provide food, water and clothing when needed. The 1-800-462-9029 number for the Federal Government Disaster information will be made available at the city office. The emergency number for the City at 553-4500 will remain intact. The City of Yorkville will look into setting up a meeting with federal government personnel regarding the federal assistance programs. Alderman Prochaska stated that he would also like to thank the members of the Yorkville School Football and Wrestling Clubs for their help as well as other youth in the area who helped sandbag the Com Ed station along with many Ameritech employees. Alderman Prochaska stated that even people driving along in the area stopped to help during the crisis. NO REPORT CITY CLERK'S REPORT No Report CITY TREASURER'S REPORT CITY ADMINISTRATOR REPORT Administrator Nanninga informed the council that the Elizabeth Street Storm Sewer project is a top priority project. The Health Insurance process appears to be proceeding very well. Economic Development Commission Report The next meeting is Tuesday, August 13, 1996 at 7:00 p.m. in the Kendall County Board Room. School Community Report The regular school board meeting will be July 29, 1996 at 7:30 p.m. at the district offices. A special meeting is scheduled with members of the Plano School Board on July 31st. Old Business None City Council Regular Session - July 25, 1996 - page 5 None New Business PUBLIC WORKS COMMITTEE COMMITTEE REPORTS Sidewalk Repl A motion was made by Alderman Lynch and seconded by acement to approve the request by Mr. Thomas Holak of 112 Naden Court for $322 as the City's cost share for replacing deteriorated sidewalk per the City's established program. Clerk Allison called the role: Prochaska - aye Sowinski - aye Spang - aye Callmer - aye Baker - aye Lynch - aye Jones - aye Motion carried. k (z ,)7 IDOT / Greenbriar & Route 47 Intersection A motion was made by Alderman Lynch and seconded by Alderman Baker to authorize the mayor and city clerk to execute documents to the Illinois Department of Transportation approving the intersection design that the developer will construct subject to the plan approval by the City Engineer. Alderman Prochaska asked about the street light concerns and if they have been resolved. Joe Wyrot, city engineer, stated they have no. It was noted that the EDC recommended approval of this contingent upon completion of the "laundry" list. Alderman Prochaska made a motion to amend the motion to include it be contingent upon all requirements of the city engineer be complied with. Motion seconded by Alderman Callmer. Alderman Spang asked about the entrance on Greenbriar road and if the entrance to the landscape business has been agreed upon by the Graves' . Joe Wyrot stated that the entrance will be completed as one long single access. Administrator Nanninga stated that Mr. Graves' has agreed to the depressed entrance proposed. Nanninga stated that this is actually larger than what Mr. Graves' originally asked for. J.T. Johnson stated that this resolution for IDOT only includes the Route 47 entrance. Alderman Baker asked if everything else was okay. Alderman Callmer withdrew the second to the motion amendment. Alderman Prochaska withdrew the motion as the original motion included approval of the City Engineer. Alderman Prochaska indicated that there are several items which need to be completed. Joe Wyrot stated that these items must be complied with before he will approve the plan. Clerk Allison called the role: Callmer - aye Lynch - aye Jones - aye Prochaska - aye Sowinski - aye Spang - aye Baker - aye Motion carried. Computer CAD / Plotter Purchase A motion was made by Alderman Lynch and seconded by Alderman Sowinski to authorize the purchase of a computer, CAD software, and plotter in the amount of $9,901.24 which is within the budget conditional upon the Mayor's approval. Clerk Allison called the role: Baker - aye Lynch - aye Jones - aye Prochaska - aye Sowinski - aye Spang - abstain Callmer - aye City Council Regular Session - July 25, 1996 - page 6 Motion carried. Purchase New Salt Spreader A motion was made by Alderman Lynch and seconded by Alderman Prochaska to approve the purchase of a salt spreader / shoulder graveler in the amount of $3 ,245 which is within the budget conditional upon the mayor's approval . Alderman Baker stated that he thought this was already approved? It was noted that they were waiting to complete any capital purchases. Clerk Allison called the role: Jones - aye Prochaska - aye Spang - aye Callmer - aye Baker - aye Lynch - aye Sowinski - aye Motion carried. ECONOMIC DEVELOPMENT COMMITTEE A motion was made by Alderman Jones and seconded by Alderman Callmer to approve the May and June 1996 Building reports as submitted. Motion carried. The Coffey / Feathers contract for renting a portion of the park building located near the Riverfront Park was discussed. Alderman Jones indicated that the EDC agreed with all but one item in the changes. This was the electric issue and Coffey / Feathers have agreed to split the electric. Attorney Kramer indicated that most of the issues were to clarify things. A new copy will be completed for review and vote in two weeks. PUBLIC SAFETY COMMITTEE NO REPORT ADMINISTRATION COMMITTEE Sanitary District Fees Alderman Prochaska indicated that they have received the fees from the sanitary district. The budget was set up for $7,000. Actual last year was at $5,000. Sanitary is proposing $10,000 for this year. A motion was made by Alderman Prochaska and seconded by Alderman Spang to accept the charge to the Yorkville Bristol Sanitary District in the amount of $10,000. Alderman Lynch asked if this included the proposed new software purchase. Alderman Prochaska stated that the software will be kept as a separate issue. Clerk Allison called the role: Sowinski - aye Baker - aye Lynch - aye Jones - aye Prochaska - aye Spang - aye Callmer - aye Motion carried. Ins. A motion was made by Alderman Prochaska and seconded by aAlderman Lynch to authorize the mayor and city clerk to execute the certificate of insurance with New York Life Care and cancel the coverage of the current carrier, Epic Life, upon receipt of the new policy. Clerk Allison called the role: Callmer - aye Lynch - aye Jones - aye Prochaska - aye Sowinski - aye Spang - aye Baker - aye Motion carried. Alderman Callmer stated that he is very pleased since this will give the employees better coverage and save money for the city. r r ♦ P City Council Regular Session_- July 25, 1996 - page 7 ADDITIONAL BUSINESS A motion was made by Alderman Baker and seconded by Alderman Lynch to move into executive session at 8:24 p.m. to discuss pending litigation and the session to include Chief Graff, Administrator Nanninga, and Attorney Kramer. Clerk Allison called the role: Spang - aye Callmer - aye Baker - aye Lynch - aye Jones - aye Prochaska - aye Sowinski - aye Motion carried. ** A 10 minute recess will be taken.** A motion was made by Alderman Lynch and seconded by Alderman Baker to move out of executive session at 8:51 p.m. Clerk Allison called the role: Baker - aye Lynch - aye Jones - aye Prochaska - aye Sowinski - aye Spang - aye Callmer - aye Motion carried. No action was taken while in executive session. Alderman Baker asked the status of the sewer line at Lydia Motel. Mayor Johnson stated that they are discussing this issue with the county on the septic system so that they do not have to hook up to the city sewer. Attorney Kramer stated that the county has filed an ordinance violation on the septic. Alderman Spang stated that this needs to be resolved so that it best protects the citizens of Yorkville. Attorney Kramer stated that the county health department is charged with regulating the septic and that is why they have filed suit. Alderman Prochaska stated that as a point of interest the termination of the sewer system at the Silver Dollar Restaurant was made by the City at the time. They were not requested by the city to go to the end of the line at the time of the sewer installation. ADJOURNMENT A motion was made by Alderman Lynch and seconded by Alderman Prochaska to adjourn the meeting at 8:57 p.m. Motion ca ri By: .14_ . _' ./(.cam .C,I '1--1. Jac u-'i in-Allison - City Clerk . . LIc - ,17, , y (7, , ■_ \,.. ,q,,, ( /(i H-7111_(,( ( ( ) '` ,c,__ ( x „, ■ (-)---- - ......., -1 . / 1 , IC--- C /11 `LC,s .. _.- _ ,- /7 .ii----- -----------------,<"_) i - 5-Gt/ l41'7-54 , 9'./. •C :, S--/ _ ,-.'i , '^----,-,1- -- 3 36 E. 641 ITifrti OikrA40)// a i , 1:-....41) JOAAJ4 ,..., Zci,iMi:,D Tc / - - n , _ f / _, -7 -/,./......--. .,....(<„4.-/--;--/ Yrni•J , ..0 • .49 -----'4,eAt: sx y , / 0 (to ,4-• I oyN„ OnAA.,til ( • ... . . ... ... .._ . . ... ... .... ... . . 1 WELCOME WAGON PROCLAMATION WHEREAS, since its founding in 1928, WELCOME WAGON and its representatives have established themselves as part of America's proud heritage, helping millions of families adjust to new communities and new circumstances; and WHEREAS, WELCOME WAGON has brought friendly greetings, neighborly assistance and helpful information to families and individuals in our community and, in so doing, have encouraged neighborhood involvement, strength and pride; and WHEREAS, WELCOME WAGON representatives continue to contribute significantly to the growth of our local business community and our many civic and neighborhood organizations by introducing these valuable institutions to our community' s newest members; and WHEREAS, WELCOME WAGON promotes good will, helpfulness and a solid sense of community among our new and long standing residents by extending the warm hand of hospitality to new movers, newly engaged couples, new parents and new citizens; and WHEREAS, WELCOME WAGON, a meaningful community-building service, inspires the wholehearted cooperation and support of our citizenry. NOW THEREFORE, I, Bob Johnson, Mayor of the City of Yorkville, do hereby proclaim the week of July 22, 1996 as "WELCOME WAGON WEEK" in the City of Yorkville, and congratulate the members of this venerable organization for its contributions to building and promoting civic responsibility and spirit. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the City of Yorkville to be affixed this 11th day of July, 1996 . :Alpo" (1-114--v-"I? Mayor : . . / ohnson