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City Council Minutes 1994 08-11-94 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 AUGUST 11, 1994 Mayor Kittoe called the meeting to order at 7 : 04 p.m. and led the Council in the Pledge of Allegiance. Clerk Allison called the roll : ROLL CALL Ward 1 - Baird Present Callmer Present Ward 2 - Baker Present Clark Absent Ward 3 - Jones Present Prochaska Present Ward 4 - Johnson Present Stafford Absent A quorum was established. QUORUM INTRODUCTION OF GUESTS Mayor Kittoe asked those present to introduce themselves . Amendments to the Agenda Mayor Report will be completed first prior to the Public Hearings PC 94-14 will be deffered at this time. MAYOR REPORT Tom Cross presented a check to Mayor Kittoe, City of Yorkville, in the amount of $500, 000 representing the $500,000 Grant Funds . Mayor Kittoe thanked all those who helped in obtaining the grant funds, including Attorney Dan Kramer, Dennis Hastert, Tony Graff, Tom Cross and James Liggett. Tom Cross stated that many people deserve a lot of credit on obtaining the grant funds . He stated that this is a good thing. PUBLIC HEARINGS A motion was made by Alderman Baker and seconded by Alderman Johnson to move into Public Hearing. Clerk Allison called the role: Johnson - aye Baird - aye Callmer - aye Baker - aye Jones - here Prochaska - aye Motion carried. Alderman Baker stated that he would now like to discuss PC 94-12, the Proposed Annexation and zoning from Kendall County Ag to City R-2 . Property is located approximately 400 feet west of the 1000 block of Game Farm Road on the west side of the road. It is immediately north of a private drive. The petitioners are George and Sandra Stewart. Alderman Callmer stated that this is for approval of a pre- annexation agreement, is that correct? Also, a question was raised concerning the water line. Alderman Baker responded that this is a 1" line which is normally used for a single family residence. This will be handled the same as all properties . The City's responsibility ends at the property line. Alderman Prochaska stated that this approval has no bearing on the county building permit. There being no further comments regarding the PC 94-12 request, Alderman Baker asked that the discussion be moved to ZBA 94-3 . City Council Minutes -- August 11, 1994 -- page 2 Request is for a variance for the front yard to be reduced from 30 feet to 13 feet and also the rear yard to be reduced from 40 feet to 24 feet. Property is located on the north side of Washington Street between Bridge Street and Heustis Street in Hopkins Addition. Petitioners are David and Tracye Bell . A question was raised concerning the style of home to be built. The petitioner responded that it is a 1940 sq. ft. , two-story home. Alderman Johnson asked if there would be any effect on this when the City approves an ordinance regarding these "old" lots . Attorney Kramer indicated there would be none. There were no further comments or questions concerning this issue. A motion was made by Alderman Baker and seconded by Alderman Johnson to move out of Public Hearing into Regular council session. Clerk Allison called the role: Baker - aye Jones - yes Prochaska - aye Johnson - aye Baird - aye Callmer - aye Motion carried. Plan Commission / Zoning Board of Appeals PC 94-12 George / Sandra Stewart A motion was made by Alderman Baker and seconded by Alderman Jones to approve a pre-annexation agreement from Kendall County Ag to City R-2 for George and Sandra Stewart. Property is located on Game Farm Road on the west side of the road. Clerk Allison called the role: Jones - aye Prochaska - aye Johnson - nay Baker - aye Baird - aye Callmer - aye Motion carried. ORDINANCE 1994 - 33 ZBA 94-3 David / Tracye Bell A motion was made by Alderman Baker and seconded by Alderman Prochaska to approve ZBA 94-3, a variance request by David & Tracye Bell based upon this being a hardship case due to lots being platted in 1898 . Clerk allison called the role: Baird - aye Callmer - aye Baker - aye Johnson - aye Jones - aye Prochaska - aye Motion carried. PC 94-13 Richard A. Undesser Sr. A motion was made by Alderman Baker and seconded by Alderman Prochaska to approve the county zoning change on Richard Undesser Sr. from A-1 to B-3 Special Use located immediately west of Kendall County Forest Preserve Property on the southwest corner of Route 47 and Galena Road and containing five acres . Dave Palowski of the Bristol Plan Commission addressed the Council . He discussed the RobRoy Creek and the plans to designate this areas as a Prairie Path for 40 feet on either side of the creek. He wanted to be sure to bring this to the Council ' s attention. He stated that he has contacted Mr. Undesser regarding this situation. Clerk Allison called the role: Johnson - aye Callmer - aye Baird - aye Baker - aye Prochaska - aye Jones - aye Motion carried. City Council Minutes -- August 11, 1994 -- page 3 MINUTES APPROVAL Alderman Johnson moved to waive the reading of the minutes from the Regular Council Meeting held July 28, 1994 and approve the minutes as presented. Seconded by Alderman Callmer. Motion carried. BILLS APPROVAL Alderman Prochaska moved to approve and pay bills in the amount of $82, 170 . 00 for vendor bills and a total of $129,229 . 82 with payroll . Seconded by Alderman Baird. Clerk Allison called the role: Callmer - present Baird - aye Baker - aye Johnson - aye Prochaska - aye Jones - aye The motion carried 5 ayes and 1 present. CITIZEN COMMENTS Rich Lucas addressed the council concerning the property owner located west of his property in the industrial park. This property is owned by a Mr. Tom Tanner. The discussion concerns Mr. Tanner' s storm sewer project. Mr. Lucas indicated that when it rains water flows through his parking lot from the Tanner property. Mr. Lucas has had to replace gravel due to the water flow. City Administrator Jim Nanninga indicated that he has been in contact with Mr. Tanner concerning this issue. Mr. Tanner is to begin this project within two weeks and should be completing this project by September 6 , 1994 . Alderman Prochaska stated that this will be discussed at the Public Works meeting prior to the deadline given to Mr. Tanner. Mr. Lucas asked what would be done if Mr. Tanner did not complete the City' s requests . Attorney Kramer responded that an injunction would be placed on file to close down the building if all requirements were not met. This building does not have an occupancy permit. J.T. Johnson stated that Mr. Tanner had informed the City that he would be willing to pay for the gravel that Mr. Lucas has had to replace due to this problem. A copy of the minutes will be forwarded to Mr. Lucas per his request. ATTORNEYS REPORT Attorney Kramer stated that the backyard variance ordinance will be completed and submitted for approval to the council . The resolution on IRS Code 457 , Deferred Compensation Plan for Employees has been recommended by the Administration Committee for approval . RESOLUTION 1994 - 16 IRS CODE 457, DEFERRED COMPENSATION PLAN A motion was made by Alderman Baird and seconded by Alderman Johnson to authorize the Resolution Authorizing Internal Revenue Code 457 Deferred Compensation Plan for Employees of the United City of the Village of Yorkville. Clerk Allison called the role: Johnson - aye Baird - aye Callmer - aye Baker - aye Jones - aye Prochaska - aye Motion carried. City Council Minutes -- August 11, 1994 -- page 4 CITY CLERK' S REPORT -- no report CITY TREASURER REPORT -- no report ADMINISTRATOR' S REPORT A motion was made by Alderman Baird and seconded by Alderman Jones to authorize the City Administrator to advertise, interview and hire a Level 1 Secretary in the Administration Department at a salary not to exceed $20,000 per year, plus normal fringe benefits, following all legal hiring procedures . Alderman Baird stated that this should be offered to all internal employees first. Clerk Allison called the role: Baker - aye Jones - aye Prochaska - aye Johnson - aye Baird - aye Callmer - aye Motion carried. Administrator Nanninga stated that the Plan Council has recommended a new Subdivision Control ordinance to be reviewed at the next Public Works Committee meeting. KENDALL COUNTY ECONOMIC DEVELOPMENT COMMISSION A special Kendall County Economic Development Committee meeting has been called for August 24, 1994 at 7 : 00 p.m. at the City Hall . All realtors and local banks have been asked to attend. KENDALL COUNTY GOVERNMENTAL LEAGUE REPORT The next meeting will be held on September 6, 1994 at 7 : 00 p.m. in the County Building. SCHOOL COMMUNITY REPORT The next School Board meeting will be held on Monday, August 22, 1994 at 7 : 30 p.m. The YESS group will be attending the September 8, 1994 City Council Meeting. Due to the anticipated group, the City council meeting will be held at the Beecher Center, (Austin Room) on September 8, 1994 at 7 : 00 p.m. OLD BUSINESS -- None NEW BUSINESS -- None COMMITTEE REPORTS PUBLIC WORKS A motion was made by Alderman Prochaska and seconded by Alderman Baker to authorize the City Administrator and the Public Works Supervisor to advertise for bids on the Fox Street Water Project and to file for applicable EPA permits . Clerk Allison called the role: Jones - aye Prochaska - aye Johnson - aye Baker - aye Baird - aye Callmer - aye Motion carried. City Council Minutes -- August 11, 1994 -- page 5 The next Public works Committee meeting will be held on August 15, 1994 at 6 : 00 p.m at City Hall . ECONOMIC DEVELOPMENT COMMITTEE The Plan Commission meeting will be held on Wednesday, August 17, 1994 at 7 : 00 p.m. at the County Building. A meeting is scheduled for 7 : 00 p.m. to review the Comprehensive Plan at the Beecher Center August 16, 1994 . A clean-up is planned for the alley on August 21, 1994 in anticipation of the Yorkville Hometown Days . Any help will be appreciated. PUBLIC SAFETY COMMITTEE The next committee meeting will be held on August 15, 1994 at 5 : 30 p.m. at the Police Department. The proposed gang ordinance will be reviewed and discussed. ADMINISTRATION COMMITTEE The next Administration Committee meeting will be at 7 : 00 p.m. at City Hall on August 16, 1994 . ADHOC / RECYCLING COMMITTEE - no report ADDITIONAL BUSINESS Alderman Prochaska stated that a clean-up is scheduled for Saturday, August 20, 1994 at 8 : 00 a.m. for the Bicentennial Park near the dam. A motion was made by Alderman Baird and seconded by Alderman Prochaska to authorize the Mayor and City Clerk to sign the EPA Permits required on the Blackberry Creek North and Country Hills Subdivisions . Clerk Allison called the role: Baird - aye Callmer - aye Baker - aye Johnson - aye Jones - abstain Prochaska - aye Motion carried. Alderman Callmer sated that he and the citizens of Ward I would like to express their thanks to the City employees for cutting weeds . Also thanks to the City workers from Ward IV. ADJOURNMENT A motion was made by Alderman Baird to adjourn the meeting at 7 :51 p.m. Seconded by Alderman Baker. Motion carries. By: � _c �.�, ��r� ) ULU Ja ueline S. Allison C'ty Clerk . , . . 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