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City Council Minutes 1994 09-22-94 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS HELD AT CITY HALL, ON SEPTEMBER 22, 1994 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 - Baird Absent Callmer Present Ward 2 - Baker Present Clark Present Ward 3 - Prochaska Present Ward 4 - Johnson Present Stafford Present A quorum was established. QUORUM INTRODUCTION OF GUESTS Mayor Kittoe asked those persons present to introduce themselves. Amendments to the Agenda 1) Public Works -- Addition of payment on the DuKane Valley Council Bill. 2) Administration Committee -- Update on building alternatives. 3) Mayor's Report -- Two appointments to be made. MEETING DATES Public Works - Monday, October 3 , 1994 6: 00 p.m. City Hall Economic Development - Wednesday, Oct. 5, 1994 7 : 00 p.m. City Hall Public Safety - Monday, October 17, 4994 5: 30 p.m. Police Dept. Administration - to be scheduled PUBLIC HEARINGS Alderman Baker made a motion to move into Public Hearing regarding PC 94-14 , Proposed Special Use request to operate a Bed and Breakfast and the Proposed City of Yorkville Comprehensive Plan. Seconded by Alderman Prochaska. Clerk Allison called the role: Johnson - aye Stafford - aye Callmer - aye Baker - aye Clark - aye Prochaska - aye Motion carried. PC 94-14, Joyce / Bruce Best Alderman Baker indicated that PC 94-14 is request for Special Use zoning to operate a Bed and Breakfast. Property is located at 201 E. Jackson and the owners are Joyce and Bruce Best. Property is now zoned R-2 and the request is for R-2 Special Use to operate a Bed and Breakfast. Tom Grant, Attorney for the Petitioners, stated that the current Ordinance for the City of Yorkville shows Special Use for the Bed and Breakfast under the zoning R-3 . Attorney Kramer has discussed this and will be proposing the City to place this under R-2 zoning as a Special Use. Attorney Grant stated that all proposed changes recommended by both the Plan Commission and the City Attorney, Dan Kramer have been placed into the Ordinance. Regular Council Minutes - September 22 , 1994 - page 2 Alderman Prochaska informed the Council that he had discussed this proposed change with various neighbors of the Best property. All comments were mostly in favor of the Special Use request. One concern inquired about possibly fencing along the back lot line of the property. Mr. Best indicated that they were planning on installing fencing at this lot line. Alderman Johnson asked if there was adequate parking for the facility. It was stated that there was one parking space for each of the five units. Alderman Callmer asked why it was necessary for the City to change its ordinance concerning the Special Use. Attorney Kramer stated that this special use falls better into the ordinance for R-2 Residential versus Business zoning. Alderman Callmer also asked if the concerns indicated by Ralph Pfister of the Sanitary District were addressed. Attorney Grant stated that the concerns were those of possible rate increases. It was suggested that the Council would be asked to review this for any future zoning change requests. Jerry Lynch, owner of the present Bed and Breakfast in town, indicated that he has a 20% occupancy rate at this time. It was noted that sewer and water usage would not be changed much in comparison of a family living in the City limits. There being no further comments on this item, the Public Hearing moved on to the City of Yorkville Proposed Comprehensive Plan. Alderman Baker indicated that Jeff Palmquist of the Lannert Group was available for anyone who has comments or questions. Mr. Palmquist was instrumental in the development of the proposed Comprehensive Plan. This Plan will be on display for public review for 30 days in the City offices. Sharon Robinson, citizen of the Bristol area, indicated that the changes made on the Corneils Road and Cannonball Trail areas are very positive changes. Alderman Baker stated that the new Proposed Plan has increased industrial area along Route 47 . Also, this plan will be discussed at the Economic Development Committee on October 5th. J.T Johnson stated that as a citizen of the Yorkville area he would like to see the M-1 zoning in the downtown Van Emmon Street area be changed in the future. Mr. Johnson indicated that this area is much better suited for Office zoning versus the current M-1 zoning. Alderman Baker stated that the current council is encouraging the industrial and retail business zoning areas to help alleviate the taxes on the residents in the area. Jeff Palmquist of the Lannert Group indicated that the medium and high density residential areas have been decreased also. This information will be reviewed further at upcoming meetings. Sharon Robinson asked if the Council was in any way discussing the proposed lumber yard for the Bristol area. It was mentioned that this would be handled by the County. A motion was made by Alderman Baker and seconded by Alderman Stafford to move out of Public Hearing back into regular council session. Clerk Allison called the role: Baker - aye Clark - aye Prochaska - aye Johnson - aye Stafford - aye Callmer - aye Motion carried. Regular Council Minutes - September 22 , 1994 - page 3 PLAN COMMISSION / ZONING BOARD OF APPEALS ORDINANCE 1994 - 36 (Special Use / Bed & Breakfast Zoning) A motion was made by Alderman Baker and seconded by Alderman Prochaska to authorize the modification to ordinance to include the Bed and Breakfast as a Special Use under R-2 Residential zoning. Clerk Allison called the role: Prochaska - aye Johnson - aye Stafford - aye Baker - aye Clark - aye Callmer - aye Motion carried. ORDINANCE 1994 - 37 (Bed & Breakfast (BEST) ) A motion was made by Alderman Baker and seconded by Alderman Johnson on PC 94-14 a request for Special Use zoning to operate a Bed and Breakfast. Property is located at 201 E. Jackson and the owners are Joyce and Bruce Best. Property is now zoned R-2 and the request is for R-2 Special Use to operate a Bed and Breakfast. Clerk Allison called the role: Callmer - aye Baker - aye Clark - aye Johnson - aye Stafford - aye Prochaska - aye Motion carried. The proposed City of Yorkville Comprehensive Plan will not be voted on. This will be tabled until after all necessary meetings. PC 94-20 CITY OF YORKVILLE REPLAT OF SUBDIVISION A motion was made by Alderman Baker and seconded by Alderman Prochaska to approve PC 94-20, North Bridge Street Subdivision Preliminary Plat, Owner the City of Yorkville for replat. Clerk Allison called the role: Stafford - aye Johnson - aye Callmer - nay Clark - aye Baker - aye Prochaska - aye Motion carried 5-1. A motion was made by Alderman Baker and seconded by Alderman Clark to approve the final plat on the North Bridge Street Subdivision, Petitioner City of Yorkville. Clerk Allison called the role: Clark - aye Baker - aye Prochaska - aye Stafford - aye Johnson - aye Callmer - nay Motion carried 5-1. CITIZEN COMMENTS NONE MINUTES APPROVAL Alderman Prochaska made a motion to accept the minutes from the regular council meeting of September 8, 1994 and approve the minutes as presented. Seconded by Alderman Clark. Motion carried. BILLS APPROVAL Alderman Stafford made a motion to approve and pay bills dated September 22 , 1994 in the amount of $64 , 820. 51 (vendors) and a total of $109, 236. 73 with payroll as presented. Seconded by Alderman Johnson. Regular Council Minutes - September 22 , 1994 - page 4 Alderman Stafford asked if all the appropriate bills were being billed to the Lannert Group. City Administrator Nanninga and Deputy Treasurer Kim King responded yes. Clerk Allison called the role: Callmer - aye Clark - aye Baker - aye Stafford - aye Johnson - aye Prochaska - aye Motion carried. ATTORNEY' S REPORT Attorney Kramer indicated that the resolution to authorize a sewer study has been drawn up and will be discussed under Public Works tonight. Attorney Kramer indicated that his office has received calls from the Yorkville National Bank asking when the City was going to authorize the reduction in the Letter of Credit for Fox Hill Estates Subdivision. Attorney Kramer explained that the Letter of Credit should equal 115% of uncompleted improvements and 10% as a retainage bond on completed improvements for one year. This can now be reduced to $528, 279 . 45 per Jim Nanninga. This number should be certified by the City Engineer. Alderman Prochaska stated that this was brought to the Public Works Committee for recommendation to reduce the Letter of Credit. Due to their lack of knowledge regarding this data, the committee did not want to make a recommendation. Attorney Kramer stated that it has been the practice of the City of Yorkville to allow the City Administrator and staff to handle these types of situations. Alderman Prochaska responded that this practice would be acceptable. Fox Hill Estates Subd. A motion was made by Alderman Prochaska and seconded by Alderman Baker to allow the Letter of Credit on Fox Hill Estates to be reduced to $528, 279 . 45 pending the approval of the City Administrator and staff. Clerk Allison called the role: Johnson - aye Stafford - aye Callmer - aye Baker - aye Clark - aye Prochaska - aye Motion carried. Attorney Kramer informed the council that the attorney for Dan Nicholson has not received information from his client so the City will be proceeding with the court procedures. Alderman Jeff Baker commented that the City has exhausted its efforts to work with Mr. Nicholson. The proposed Gang Ordinance has been drafted and will be reviewed at the next Public Safety Committee meeting. The proposed Park Ordinance has also been drafted and will be reviewed at the next Committee of a Whole meeting. MAYORS REPORT ALDERMAN WARD III - REPLACEMENT Mayor Kittoe made a recommendation to the Council to appoint John Wold as Ward III Alderman for the remaining term. There were six people reviewed for this position. Regular Council Minutes - September 22 , 1994 - page 5 A motion was made by Alderman Johnson and seconded by Alderman Prochaska to concur with the recommendation for John Wold for Alderman, Ward III, to fulfill the unexpired term of Jack Jones. Clerk Allison called the role: Baker - aye Clark - aye Prochaska - aye Johnson - aye Stafford - aye Callmer - aye Motion carried. Alderman Johnson stated that he has known Mr. Wold for years and believes this to be an excellent choice. A motion was made by Alderman Prochaska and seconded by Alderman Clark to swear in John Wold as Alderman Ward III tonight. Clerk Allison called the role: Prochaska - aye Johnson - aye Baker - aye Stafford - aye Callmer - aye Clark - aye Motion carried. Mr. Wold will be on those committee' s that Jack Jones had been on. Mayor Kittoe swore in Mr. Wold as Alderman Ward III - effective immediately. LIBRARY BOARD Mayor Kittoe stated that he is recommending Wanda O'Hara as a replacement on the Library Board for Katrina Archer who will be moving due to her husband's transfer. A motion was made by Alderman Prochaska and seconded by Alderman Baker to accept the recommendation for Wanda O'Hara to the Library Board to fulfill the position of Katrina Archer. Clerk Allison called the role: Callmer - aye Baker - aye Clark - aye Johnson - aye Prochaska - aye Stafford - aye Wold - aye Motion carried. Mayor Kittoe reminded everyone that there is no meeting scheduled the week of September 26th. CITY CLERK REPORT - no report CITY TREASURER / BUDGET OFFICER REPORT Deputy Treasurer Kim King distributed copies of the May final budget with all audit entries included. Also distributed were May, June, July and August reports. Kim is meeting with Jim Nanninga, J.T. Johnson and Tony Graff to review the budget. All up-to-date information should be available soon. Alderman Stafford asked Ms. King if the software package is in place to use. Ms. King indicated that this should be available in the next week. CITY ADMINISTRATOR REPORT - no report Regular Council Minutes - September 22 , 1994 - page 6 KENDALL COUNTY ECONOMIC DEVELOPMENT City Administrator Nanninga attended the meeting. He asked the county to act on the City's behalf in requesting the grant for the Video. He also requested participation from the County. Mr. Nanninga stated he has received letters from Bank of Yorkville, Chamber of Commerce, Yorkville National Bank, Inland, and an Aurora Bank in favor of this Video. Mayor Kittoe stated that the City will be pushing for rapid growth in business in the area to help with the tax burden for consumers. KENDALL COUNTY GOVERNMENTAL LEAGUE REPORT The next meeting will be October 4 , 1994 , 7 : 00 p.m. at the County building. SCHOOL COMMUNITY REPORT Alderman Johnson attended the September 12th meeting. He stated that the school board will be exploring possibilities within the school code for a Senior Citizen tax break. This may be presented to the Intergovernmental League for support. The school board is looking for volunteers for the facility planning committee. The next School Board meeting will be held on Monday, September 26, 1994 at 7 : 30 p.m. Alderman Prochaska stated that the City needs the school ' s input regarding any proposed changes to the Land Cash fees as well as the transition fee. Mayor Kittoe indicated that the school should be contacting the county regarding transition fees as well. OLD BUSINESS - none NEW BUSINESS - none COMMITTEE REPORTS PUBLIC WORKS COMMITTEE RESOLUTION 94 - 19 SEWER SYSTEM EVALUATION STUDY/LINE ITEM TRANSFER A motion was made by Alderman Prochaska to pass the resolution Authorizing a Sewer System Evaluation Study and a Line Item Transfer of $60, 000 from the Sewer Maintenance Fund. Seconded by Alderman Clark. Alderman Prochaska stated that this has been discussed at the Public Works and the Committee of a Whole meetings. Clerk Allison called the role: Stafford - aye Johnson - aye Callmer - aye Clark - aye Baker - aye Wold - present Prochaska - aye Motion carried. Regular Council Minutes - September 22 , 1994 - page 7 Motion was made by Alderman Prochaska and seconded by Alderman Clark to authorize the Mayor and City Clerk to execute a contract with Walter E. Deuchler and Associates for a fee of $29, 660 to complete certain SSES tasks. Clerk Allison called the role: Clark - aye Baker - aye Wold - present Prochaska - aye Stafford - aye Johnson - aye Callmer - aye Motion carried. Adopt A Highway Alderman Clark made a motion that the City Council and Mayor adopt a section of the highway as leaders of the Community to participate in the Adopt a Highway Program. Seconded by Alderman Prochaska. Clerk Allison called the role: Wold - aye Prochaska - aye Stafford - aye Johnson - aye Clark - aye Baker - aye Callmer - aye Motion carried. Alderman Clark informed the council that the following organizations have adopted sections of the highway: Pack 344 Boy Scouts YCC High School Youth Yorkville Junior Womens Club SAFE AAUW Boy Scouts, Troop 40 Yorkville Moose Mason's Chamber of Commerce SIDWALKS - COUNTRYSIDE A motion was made by Alderman Prochaska and seconded by Alderman Stafford to allow the City to make payment of 50% of the costs for sidewalk repair in Countryside Subdivision, totaling $2 , 274 as the city portion. Clerk Allison called the role: Callmer - aye Clark - aye Baker - aye Stafford - aye Johnson - aye Wold - aye Prochaska - aye Motion carried. DUKANE VALLEY COUNCIL MEMBERSHIP A motion was made by Alderman Prochaska and seconded by Alderman Callmer to authorize payment of $178. 50 to remain a member of the DuKane Valley Council. Clerk Allison called the role: Johnson - aye Stafford - aye Callmer - aye Baker - aye Clark - aye Prochaska - aye Wold - aye Motion carried. ECONOMIC DEVELOPMENT COMMITTEE - no additional report Regular Council Minutes - September 22 , 1994 - page 8 PUBLIC SAFETY COMMITTEE Alderman Callmer informed the group that Chief Graff along with Lt. Barna, Officer Groesch and J. Strukel from the Highschool were accepting a donation to the DARE Program tonight from the Hollywood Casino in Aurora. A motion was made by Alderman Callmer and seconded by Alderman Johnson to approve the August monthly Activity / Man Hour Utilization and the Vehicle Usage / Monthly Squad report as presented. Motion carried. A motion was made by Alderman Callmer and seconded by Alderman Johnson to accept the Quarterly CPAT report, June - August 1994 and the August 1994 CPAT Treasurer's Balance report as presented. Clerk Allison called the role: Stafford - aye Johnson - aye Callmer - aye Clark - aye Baker - aye Wold - present Prochaska - aye Motion carried. A $500 donation was received from the C.P.A.T. towards the Yorkville P.D. DARE Fund. A motion was made by Alderman Callmer and seconded by Alderman Johnson to hire a full-time secretary, Linda Fleckinger, at $9 . 62 per hour for the Yorkville Police Department. Alderman Clark asked if the budget was prepared to cover these costs including any benefit package since this is normally two part-time positions now being formed into one full-time. (It was noted that the Fleckingers did not participate in the insurance program. ) Alderman Clark stated that this should be addressed for next year. Clerk Allison called the role: Clark - aye Baker - aye Wold - aye Prochaska - aye Stafford - aye Johnson - aye Callmer - aye Motion carried. A motion was made by Alderman Callmer and seconded by Alderman Johnson to hire Community Service Officer, Jacqui Watkins, part- time at $6. 25 per hour for a maximum of 400 hours as allowed in the Budget. Clerk Allison called the role: Wold - aye Prochaska - aye Stafford - aye Johnson - aye Clark - aye Baker - aye Callmer - aye Motion carried. ADMINISTRATION COMMITTEE Alderman Stafford stated that they are continuing the review of the budget to analyze and know exactly where the City stands. Kim King is doing an excellent job in this matter and the Council appreciates her efforts. . d • r.- Regular Council Minutes - September 22 , 1994 - page 9 Alderman Stafford also indicated that the numbers will be organized to be sure the loans are received on time. The City Council is looking at the County Court House for possible use by the City. Alderman Stafford would like authority to ask the County for additional information regarding this issue. Alderman Clark was asked to attend the committee meeting as well for her input into this matter. Alderman Stafford reiterated that the City will review all possibly options and that nothing is decided for sure concerning a new building. There are two reasons why the Courthouse would be an exceelent choice for the City, to preserve the building and also to save money for the City. Mayor Kittoe stated that all options will be reviewed before a final decision is made. City Administrator Nanninga was aksed to draft a Letter of Intent to begin negotiations with the County. The Administration Committee and the City Administrator will handle these discussions. ADHOC / RECYCLING COMMITTEE - no report ADDITIONAL BUSINESS - no report ADJOURNMENT Motion was made by Alderman Johnson and seconded by Alderman Callmer to adjourn the meeting at 8 : 37 p.m. . Motion carried. 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