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City Council Minutes 1995 02-09-95 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS HELD AT KENDALL COUNTY BOARD ROOM. ON February 9, 1995 Mayor Kittoe called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. Clerk Allison called the roll: ROLL CALL Ward 1 - Callmer Present Spang Present Ward 2 - Baker Present Weilert Present (arrived late) Ward 3 - Prochaska Present Wold Present Ward 4 - Johnson Present Stafford Present A quorum was established. QUORUM INTRODUCTION OF GUESTS Mayor Kittoe indicated that due to the number of people attending tonight's session those present should sign-in on the sheet being passed around by the City Clerk. Amendments to the Agenda Public Works -- The December Water Report and a Park Ordinance will be discussed. Economic Development -- The sign ordinance will be tabled. Administration Committee -- The Game Farm House proposal will be moved to the Public Safety Committee Report. Plan Commission - PC 95-1 will be tabled. (Public Hearing will be held but will be continued.) MEETING DATES The meeting dates were reviewed as listed on the meeting agenda. PUBLIC HEARINGS A motion was made by Alderman Johnson and seconded by Alderman Baker to move into Public Hearing. Clerk Allison called the role: Johnson - aye Weilert - abs Callmer - aye Baker - aye Wold - aye Stafford - aye Prochaska - aye Spang - aye Motion carried. Alderman Baker stated that the first item in public hearing is ZBA 95-1 -- Zoning Board of Appeals -- a request for a sign variance at 1604 N. Bridge Street by Mike Boytor of BRM Partnership (Baskin Robbins / Dunkin Donuts). The request is for the addition of a 3 ft. x 8 ft. reader board which exceeds the allowable maximum area of 100 square feet. Mayor Kittoe asked for any public comment on this matter. There was no public comment. Alderman Baker stated that the next item is Plan Commission -- PC 95-1 a request for annexation and rezoning from Kendall County A-1 to City M-1, B-3, R-2 PUD by Inland Land Appreciation Fund, L.P. Property is located west of Route 47, South of Corneils Road and north of the Burlington railroad tracks and contains 224.7 acres. City of Yorkville Regular Council Meeting February 9, 1995 Mayor Kittoe asked for any public comment on this matter. Robert Davidson addressed the council regarding this issue. Mr. Davidson asked the council to be sure and analyze the sewer line and water line situation. He stated that he is not against the annexation of the property especially for business purposes. He did want the council to be sure and review the residential portion because of the sewer plant present capacity situation and possible water tower problems. He also asked the council to negotiate this correctly so that current citizens are not paying for this. He is requesting the council to consider these facts in addition to the impact on the school system. Mayor Kittoe informed those present that a new proposal is to be submitted to the Planning Commission on Wednesday, February 15, 1995. Sharon Robinson addressed the council asking if this fits into the comprehensive plan that was developed. She asked if a final copy of the comprehensive plan is available as she did not think this area was indicating residential development. Alderman Prochaska stated that the original information submitted by Inland was felt to be unacceptable and that they have been asked to prepare a new presentation for the Plan Commission to review. Sharon Robinson stated that she is coming to the meetings to become informed about what is occurring. She also asked the council to stay within the comprehensive plan. Alderman Prochaska stated that the future of the city is a community effort and appreciates the citizens reviewing the information. He also stated that the council is concerned about these issues also. Dean Fisher addressed the council. He agrees with the council that the initial proposal needs work but did want to see where the council stood on these issues. He stated that the density of the property is a concern to him and he would like to see more information as it is presented. He stated that those living in that area would like to be a part of the process in working with the City of Yorkville. He stated that he felt Bob Davidson presented some good concerns and is happy to see that the council had some concerns also. Mayor Kittoe asked for any other public comment in this regard. A motion was made by Alderman Baker and seconded by Alderman Johnson to move out of Public Hearing to regular council session. Clerk Allison called the role: Callmer - aye Johnson - aye Baker - aye Prochaska - aye Stafford - aye Wold - aye Weilert - aye Spang - aye Motion carried. PLAN COMMISSION / ZBA ZBA 95-1 / (Variance Baskin Robbins/Dunkin Donuts) A motion was made by Alderman Baker and seconded by Alderman Wold to approve ZBA 95-1 a Sign variance for the Basking Robbins / Dunkin Donuts facility. Alderman Johnson stated that the Zoning Board of Appeals recommends approval of this issue and there are other signs in the same vicinity with a variance also. Clerk Allison called the role: City of Yorkville Regular Council Meeting February 9, 1995 Baker - aye Callmer - aye Weilert - aye Johnson - aye Prochaska - aye Stafford - aye Wold - aye Spang - aye Motion carried. PC 94-14 (Stephan / Kendall County) A motion was made by Alderman Baker to recommend to the county board approval of PC 94- 14 Stephan for zoning. *** This motion was dropped for lack of a second. Jim Olsen addressed the council concerning PC 94-14, Stephan. He stated that the property is located on Van Emmon Street and is requesting zoning from County Ag to R-3. There will be six single family lots. The road going into the development will be a private road. They have agreed to provide sidewalks and streetlights if and when the property would be annexed into the City o Yorkville. This information will be indicated on the final plat. A motion was made by Alderman Baker and seconded by Alderman Wold to recommend for approval to the County Board PC 94-14, Stephan property to include all city standards on the final plat. Clerk Allison called the role: Johnson - aye Spang - aye Callmer - aye Baker - aye Wold - aye Stafford - nay Prochaska - aye Weilert - aye Motion carried 7-1. CITIZEN COMMENTS Mayor Kittoe asked for any citizens comments from those present. Bob Dearborn, proprietor of the Bridge Street Cafe in downtown Yorkville addressed the council concerning several issues. Mr. Dearborn stated that he has visited with City Administrator Nanninga, Alderman Baker and Chief Graff concerning these issues. He indicated that his business has increased with the Amurol plant. The City needs to address the parking issue for the downtown location. Mr. Dearborn then addressed the council with concerns and problems that have occurred during the past two months. He cited several concerns including littering, men urinating in the parking area, illegal parking in the handicap zone. He then asked if there was a way to stop the lingerie shows held at Meetballs. He stated that these problems were not occurring until approximately two months ago. Mr. Dearborn asked the Council, the Mayor and the Chief of Police to investigate these issues. Mayor Kittoe stated that the police department will monitor the situation for 30 days and will work in conjunction with the Public Safety Committee as well as Mr. Dearborn and Jody and Ed Ryan of Meetballs. Mayor Kittoe asked for documentation and reports on what is occurring. Chief Graff stated that he has notified Jody and Ed Ryan of Meetballs that they must apply for a permit concerning the raffles that have been held. He has advised them on what they need to do to comply with state and county laws in this regard. This was discussed in conjunction with the fashion shows being held. He also stated that an ordinance was passed to limit certain activities for the fashion shows. Jody Ryan proprietor of Meetballs addressed the council stating that she has never had problems City of Yorkville Regular Council Meeting February 9, 1995 with neighbors previously. She stated that she does not sell several of the types of liquors that are indicated in the box of cans and jars brought in by Mr. Dearborn. Ed Ryan stated that they have attempted to address the parking issue by renting a parking lot and placing signs indicating that parking for Meetballs in not allowed. Buck Kolkmeyer addressed the council. He owns the building between the Dearborns and the Ryan's. He agrees that there is a parking problem in the downtown area. He agrees that Meetballs adds to the problem but that they have attempted to alleviate this problem by renting the lot down the street. He stated that he has had no problems occur while he is in his business from 9 a.m. to 9 p.m. He does not feel that the City should begin to censor entertainment. He shows the council pictures of the parking lot from Sunday morning. He also stated that he is not here to say who is right and who is wrong. Alderman Prochaska stated that the parking issue has been discussed in Public Works meetings. He stated that most of the land is private property and that the new Hometown Revitalization Committee is hoping to address this issue. Alderman Baker stated that he is attempting to schedule a meeting for February 28th as soon as a meeting place is located. Alderman Callmer stated that they have now heard both sides but would like to help get this issue resolved before any litigation begins. Chief Graff stated that he has been mediating the situation. He stated that letters have been mailed to downtown businesses concerning the two hour parking. Tickets will be issued. He stated that they will monitor the handicapped parking and that foot patrols are in place to monitor the whole downtown location. He stated that the parking issue needs to be addressed but that this is not a Meetball problem it is a downtown problem. Bob Dearborn stated that he is not here to accuse Meetballs but to state that these problems were not occurring prior to two months ago. He stated he is more than willing to sit down and address the issues. Jodi Ryan stated that they pay $225 a month to rent parking area and that they are willing to work on the problem together. Mayor Kittoe asked for a report back on this issue next week. Bob Dearborn stated that the Yorkville National Bank has offered their parking lot for him to utilize after the bank is closed. He may need to begin to advertise this issue. Ed Ryan again stated that Meetballs is attempting to help solve the parking issue by renting the lot and placing signs concerning this issue.. MINUTES APPROVAL Alderman Johnson made a motion to accept the minutes from the regular council meeting of January 26, 1995 and approve the minutes as presented. Seconded by Alderman Baker. Motion carried. BILLS APPROVAL Alderman Stafford made a motion to approve and pay bills dated February 9, 1995 in the amount of $208,684.42. Seconded by Alderman Weilert. City of Yorkville Regular Council Meeting February 9, 1995 Several questions were raised regarding bills. All questions wer answered. Clerk Allison called the role: Callmer - aye Johnson - aye Baker - aye Prochaska - aye Stafford - aye Wold - aye Spang - aye Weilert - aye Motion carried. ATTORNEY'S REPORT Attorney Kramer informed the Council that several ordinances are being reviewed by the appropriate committees. Also, he stated that he is meeting with Ralph Pfister of the Sanitary District concerning the annexation maps so that the City and the Sanitary District are showing the same properties. Alderman Prochaska asked Attorney Kramer if the lawn mower that is being purchased by the Rec Board must be authorized by the Council. Attorney Kramer stated that the council should confirm these purchases when Land Cash Funds are being used. MAYORS REPORT Mayor Kittoe informed Attorney Kramer that the Council is not interested in purchasing the property located at Route 126 and Route 47. CITY CLERK REPORT Clerk Allison stated that Executive Session was held prior to this meeting for the purpose of reviewing and releasing Executive minutes. Two sets of minutes will be released. Those are: November 30, 1992 and September 16, 1993. Both were for land acquisition purposes. CITY TREASURER REPORT - no report CITY ADMINISTRATOR REPORT Administrator Nanninga stated that there is a meeting scheduled for March 11, 1994 at 9:00 a.m. with the County to discuss the trail system from Oswego to Silver Springs. ECONOMIC DEVELOPMENT COMMISSION REPORT - no report KENDALL COUNTY GOVERNMENTAL LEAGUE REPORT The next meeting will be held on February 28, 1995 at 7:00 p.m. at the Kendall County Building. SCHOOL COMMUNITY REPORT The next School Board meeting will be held on February 13, 1995 at 7:30 p.m. City of Yorkville, Regular Council Meeting February 9, 1995 OLD BUSINESS - none NEW BUSINESS - none COMMITTEE REPORTS PUBLIC WORKS COMMITTEE A motion was made by Alderman Prochaska and seconded by Alderman Baker to approve the hiring of two Public Works Department employees, David Wedge and Eric Dhuse, at a starting wage of $10 per hour not to exceed $36,000 upon the recommendation of the Public Works Superintendent and City Administrator. Alderman Baker withdrew his second. A motion was made by Alderman Prochaska and seconded by Alderman Spang to approve the hiring of two Public Works Department employees, David Wedge and Eric Dhuse, at a starting wage of $10 per hour upon the recommendation of the Public Works Superintendent and City Administrator, effective March 1, 1995. Clerk Allison called the role: Weilert - aye Wold - aye Stafford - aye Prochaska - aye Johnson - aye Spang - aye Callmer - aye Baker - aye Motion carried. Both new employees were present and were introduced to the Council. City Administrator Nanninga stated that it was a very difficult decision as there were 37 applications for the positions. A motion was made by Alderman Prochaska and seconded by Alderman Wold to approve the December Water Department Report. Motion carried. A motion was made by Alderman Prochaska and seconded by Alderman Johnson for the City to allow the Rec Board to purchase a lawn mower at a cost not to exceed $36,000 from Land Cash Funds. There were four bids received. Clerk Allison called the role: Callmer - aye Johnson - aye Baker - aye Prochaska - aye Stafford - aye Spang - aye Weilert - aye Wold - aye Motion carried. Alderman Prochaska stated that the proposed Park Ordinance will be on display for public review until March 2, 1995. This will be discussed at the Committee of a Whole meeting and voted on at the March 9, 1995 Council meeting. ECONOMIC DEVELOPMENT COMMITTEE - no report PUBLIC SAFETY COMMITTEE Alderman Callmer made a motion to place the Game Farm Ranger Home on the Plan Commission agenda for March 15, 1995 for a zoning change request from R-1 to R-1, Special Use Police. Clerk Allison called the role: • City of Yorkville Regular Council Meeting February 9, 1995 Baker - aye Calimer - aye Weilert - aye Johnson - aye Prochaska - aye Stafford - aye Wold - nay Spang - aye Motion carried. ADMINISTRATION COMMITTEE Alderman Stafford stated that the contracts for the Chief of Police and City Administrator are almost complete. Also, the personnel manual is in process and should be completed in the next few weeks. A motion was made by Alderman Stafford and seconded by Alderman Prochaska for the City of Yorkville to enter into an Intergovernmental Agreement with the County of Kendall to obtain, preserving, and using the old courthouse for the City of Yorkville offices and city services. Alderman Johnson asked if the judicial committee was notified of this issue. It was noted that the County would be required to notify them. 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