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City Council Minutes 1994 05-12-94 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 MAY 12 , 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 Present Callmer Present Ward 2 - Baker Present Clark Present Ward 3 - Jones Present 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. (A listing is attached to the minutes. ) Mayor Kittoe stated that the Meeting will move to the Minutes and Bill approval. When the City Attorney arrives, the Meeting will move back to the Public Hearings and Plan Commission data. MINUTES APPROVAL Alderman Prochaska made a motion to approve the regular meeting minutes of April 21, 1994 as submitted. Seconded by Alderman Johnson. Motion carried. Alderman Baird made a motion to approve the Special Council Meeting minutes of April 27, 1994 as submitted. Seconded by Alderman Stafford. Motion carried. BILLS APPROVAL Alderman Baird made a motion to approve and pay bills dated May 12, 1994 in the corrected amount of $238,882 . 58. Seconded by Alderman Prochaska. It was noted that entry #13913 has been deleted due to the billing being incorrect. Alderman Callmer stated that he would like to remind all department heads to utilize local merchants whenever possible for all purchases. The council members concurred with this also. Alderman Baird stated that he would like to remind everyone that items such as the payment to Lannert Group on page five for zoning does get billed back to the developers. Clerk Allison called the role: Jones - aye Prochaska - aye Stafford - aye Johnson - aye Baird - aye Callmer - aye Clark - aye Baker - aye Motion carried. CITIZEN COMMENTS NONE PUBLIC HEARING A motion was made by Alderman Johnson and seconded by Alderman Jones to move into Public Hearing on PC 94-9 and ZBA 94-2 . Clerk Allison called the role: City Council Meeting Minutes - May 12, 1994 - page 2 Baird - aye Callmer - aye Clark - aye Baker - aye Jones aye Prochaska - aye Stafford - aye Johnson - aye Motion carried. PC 94-9 / OSNB Trust #5358 / Wehrli Alderman Jones stated that this is a Public Hearing for the proposed annexation and zoning from Kendall Co. Ag-1 to City R-3 / R-2 PUD. Property is located south of Williamsport Subdivision on Fox Road south of White Oaks Estates. It is located on the west end of Elizabeth and contains approximately 74. 2 acres. The petitioner is Old Second National Bank of Aurora as Trustee under Trust #5358. Lawrence Langland spoke concerning the proposed annexation. Mr. Langland owns property which butts up to this property. He stated that he did not participate in the discussion or vote regarding this issue at the City Plan Commission meeting. He also stated that he does not object to the development of this property. Mr. Langland stated that there are three items which he feels the City should review regarding this proposed development: a) The city is urged to analyze the water problem which already exists in this area where the back yards already have standing water in them during rainfall. b) The proposed development does not adequately reflect the road access. c) does not understand the urgency of this development since the crops have been planted on this ground already. Mr. Langland stated that he feels the city should begin the process for this development and take their time to review the problems which have already been brought up. Mrs. Jeannette Clemens described the location of her property in relation to the proposed development. Mrs. Clemens stated that she also does not object to the development of the property. Her concerns are the water problem as Mr. Langland described and also the need for an easement into her property for future use. Mr. Glen Crabb of Fox Lawn Subdivision stated the he also has concern for the water run-off from this subdivision and also a concern for the future traffic flow if any of this traffic were to flow through Fox Lawn Subd. Mr. Bob Trunthow of Fox Lawn stated that the water retention "ditch" currently runs through his front yard and is now at capacity. He stated that during some rains the ditch has overflowed to the point of running across his drive-way. He also has concerns for the water drainage. Mr. Jerry Mahr of Fox Lawn Subdivision stated that he agrees with the comments made by other persons regarding the water problems and the traffic concerns. There being no further public comment, the Public Hearing continued. ZBA 94-2 / Lindblom Alderman Jones stated that this public hearing was being held to hear comment regarding the request for a variance for rear-yard setback to be reduced from 40 ft. to 30 ft. The address of the property is 408 West Fox Road, Yorkville. Owners of the property are Thomas G. and Sandra L. Lindblom. City Council Meeting Minutes - May 12 , 1994 - page 3 Mayor Kittoe asked for any comments from the Public concerning this request for variance. There was no public comments made. A motion was made by Alderman Callmer and seconded by Alderman Jones to move out of Public Hearing to regular Council session. Clerk Allison called the role: Baker - aye Clark - aye Prochaska - aye Jones - aye Johnson - aye Stafford - aye Callmer - aye Baird - aye Motion carried. PLAN COMMISSION / ZONING BOARD OF APPEALS PC 94-11 / KENDALL COUNTY (STUCK) A motion was made by Alderman Jones and seconded by Alderman Prochaska to approve the request of Robin / Gayla Stuck for Kendall County zoning change subject to the three recommendations of the Yorkville Plan Commission. Clerk Allison called the role: Johnson - aye Stafford - aye Callmer - aye Baird - aye Baker - aye Clark - aye Prochaska - aye Jones - aye Motion carried. ZBA (AMENT) / ORDINANCE 94-19 Attorney Kramer informed the council that the litigation concerning this issue has been settled and the neighbors have agreed to a lot line. The chimney is now over the setback requirements by 4" . The Public Hearing was held concerning this issue. A motion was made by Alderman Jones and seconded by Alderman Baker to approve the ordinance granting the Ament variance with a six inch building set back line. Clerk Allison called the role: Callmer - aye Baird - nay Baker - aye Clark - aye Prochaska - aye Jones - aye Johnson - aye Stafford - aye Motion carried 7-1. ZBA 94-2 (LINDBLOM) / ORDINANCE 94-20 A motion was made by Alderman Jones and seconded by Alderman Johnson to approve the Ordinance providing for a Variance for the rear yard setback of the property located at 408 W. Fox road, Yorkville, IL. Owners of the property are Thomas and Sandra Lindblom. Alderman Jones stated that he wanted it noted that Harold Feltz is one of the adjacent landowners of this property and that he had no objections to this request. Clerk Allison called the role: Prochaska - aye Jones - aye Johnson - aye Stafford - aye Callmer - aye Baird - aye Baker - aye Clark - aye Motion carried. City Council Meeting Minutes - May 12, 1994 - page 4 A motion was made by Alderman Jones and seconded by Alderman Baird to approve PC 94-9 for the annexation and zoning from Kendall Co. Ag-1 to City R-3 / R-2 PUD. Property is located south of Williamsport Subdivision on Fox Road south of White Oaks Estates. It is located on the west end of Elizabeth and contains approximately 74.2 acres. The petitioner is Old Second National Bank of Aurora as Trustee under Trust #5358. Mayor Kittoe reminded the council members that this is only to vote on the annexation and zoning matters. He stated that the PUD and preliminary plat will be reviewed at a future date. At this time, John Bagen of Morris Engineering commented on the proposed development. Mr. Bagen represents the developer. Mr. Bagen stated that the preliminary plat has been submitted to the city council and plan commission and that the developer has responded to the issues brought up. He stated that the preliminary plat shows 148 single family homes and 17 duplexes. He also stated that they have met with the Rec Board regarding the terms of the ordinance and the park land donation, etc. They will continue to discuss this with the Rec Board. Mr. Bagen stated that he would like to respond to the concerns of those who spoke during the Public Hearing. a) in regard to the water concern of Mr. Langland. The developer is responsible for maintaining the water flow and to be sure that no additional water flows out of the development. The water will be diverted into a retention pond. The developer will be placing a cement pipe into the development to help alleviate the current problems. b) in regard to Mrs. Clemens concern for an future road -- an easement is in place through Lot 68 (as shown on the updated preliminary plat) . c) The final plat will show all of the engineers data including all of the infrastructure. Mr. Bagen stated that the ordinance has asked for a 55 ' right of way, the developer has a 60 ' right of way in place. Mr. Bagen responded to the concerns of those living in Fox Lawn Subdivision stating that due to the size of the pipe and the way the developer is planning on "moving" the water into the retention pond, this should help alleviate the water now going into the "ditch" in Fox Lawn. The water in the retention pond will release out water at a prescribed rate. This has been discussed with IDOT and Fran Klaas of the County. A question was raised concerning the road into the Williamsport Subdivision which is already platted. The road in this new development does not seem to Line up with what was already platted. Attorney Kramer stated that the road in Williamsport is in a ravine and when the developer were to finalize their subdivision they will be asked to move the road as it cannot be located in the ravine. Mayor Kittoe again reminded the council that this is a vote for annexation and zoning and not a vote on the PUD agreement. Alderman Prochaska raised a question concerning the PUD and the smaller lot sizes being proposed and the city keeping a control on the water drainage issue. Alderman Clark stated that the point is to not make agreements that are not within the City's guidelines and that in the future they should not agree to anything less than the 12 , 000 square foot lots. City Council Meeting Minutes - May 12, 1994 - page 5 Alderman Baird withdrew his second on the motion. Alderman Jones withdrew his motion. PC 94-9 / OSNB TRUST 5358 (WEHRLI) ORDINANCE 94-29 A motion was made by Alderman Jones and seconded by Alderman Baker to annex the land as described in the petition. Clerk Allison called the role: Clark - aye Baker - aye Jones - aye Prochaska - aye Stafford - aye Johnson - aye Baird - aye Callmer - aye Motion carried. ORDINANCE 94-28 A motion was made by Alderman Jones and seconded by Alderman Baker approve the zoning request from Kendall County Ag to City R-2 - Planned Unit Development (PUD) of the Old Second National Bank of Aurora as Trustee under Trust 5358. Clerk Allison called the role: Jones - aye Prochaska - nay Stafford - nay Johnson - aye Baird - aye Callmer - aye Clark - nay Baker - aye Motion carried 5-3 . A motion was made by Alderman Jones and seconded by Alderman Baker to refer this issue back to the Plan Commission for the Planned Unit Development (PUD) . Clerk Allison called the role: Baird - aye Callmer - aye Clark - aye Baker - aye Jones - aye Prochaska - nay Stafford - nay Johnson - aye Motion carried 6-2 . AMENDMENTS TO THE AGENDA The following amendments were made to the Agenda. Public Works: Sidewalk Replacement - Bob Van Paris S/W Interceptor Drawings - Baxtor/Woodman ADHOC Recycling: TCD Report Public Safety: Change of meeting date ATTORNEY'S REPORT Attorney Kramer stated that as previously discussed the City is wishing to contract with a firm to complete inspections. The agreement has been reviewed and the base rates seem reasonable. A $50 administrative fee is built into various fees for the City. A motion was made by Alderman Clark to sign an agreement with the Municipal Inspection and Code Consultants of Illinois Inc. for a 30 day trial period. Motion was seconded by Alderman Stafford. It was noted that a tentative start date will be June 1, 1994. City Council Meeting Minutes - May 12, 1994 - page 6 Clerk Allison called the role: Baker - aye Clark - aye Prochaska - aye Jones - aye Johnson - aye Stafford - aye Callmer - nay Baird - aye Motion carried 7-1. ORDINANCE 94-21 / BUILDING PERMIT FEES A motion was made by Alderman Prochaska and seconded by Alderman Clark to approve the ordinance adopting building permit fees and revoking all prior building permit fees. Clerk Allison called the role: Johnson - aye Stafford - aye Callmer - aye Baird - aye Baker - aye Clark - aye Prochaska - aye Jones - aye Motion carried. Attorney Kramer stated that the revised legal description have been received and the Cimaglia, Holdiman, Meier, and Amurol annexations have been recorded. Attorney Kramer stated that the signed agreements have been received and final documentation would now be in order on the Dennis / Barbara Dwyer annexation as well as the Countryside Center annexation. ORDINANCE 94-22 (DWYER) A motion was made by Alderman Jones and seconded by Alderman Baker to authorize the Mayor and City Clerk to execute the annexation agreement for the Dennis and Barbara Dwyer. Clerk Allison called the role: Callmer - aye Baird - aye Baker - aye Clark - aye Prochaska - aye Jones - aye Johnson - aye Stafford - aye Motion carried. ORDINANCE 94-23 (DWYER) A motion was made by Alderman Jones and seconded by Alderman Baker to approve the ordinance annexing properties to the City of Yorkville on PC 93-21 -- Dennis / Barbara Dwyer. Clerk Allison called the role: Jones - aye Prochaska - aye Johnson - aye Stafford - aye Callmer - aye Baird - aye Baker - aye Clark - aye Motion carried. ORDINANCE 94-24 (COUNTRYSIDE CENTER INC. ) A motion was made by Alderman Jones and seconded by Alderman Baker to authorize the Mayor and City Clerk to execute the annexation agreement for PC 94-4, Chicago Title and Trust Company as Trustee under Trust #62764 and Countryside Center Inc. Clerk Allison called the role: City Council Meeting Minutes - May 12, 1994 - page 7 Callmer - aye Baker - aye Prochaska - aye Stafford - aye Baird - aye Clark - aye Jones - aye Johnson - aye Motion carried. ORDINANCE 94-25 (COUNTRYSIDE CENTER INC. ) A motion was made by Alderman Jones and seconded by Alderman Baker to annex properties as contained in PC 94-4 to the City of Yorkville. Clerk Allison called the role: Prochaska - aye Johnson - aye Callmer - aye Baird - aye Stafford - aye Jones - aye Clark - aye Baker - aye Motion carried. ORDINANCE 94-26 (CONOVER) A motion was made by Alderman Jones and seconded by Alderman Prochaska to authorize the Mayor and City Clerk to execute and sign an annexation agreement for PC 93-7. Clerk Allison called the role: Jones - aye Prochaska - aye Stafford - aye Johnson - aye Baird - aye Callmer - aye Clark - aye Baker - aye Motion carried. ORDINANCE 94-27 (CONOVER) A motion was made by Alderman Jones and seconded by Alderman Baker to annex properties for PC 93-7, Merchants National Bank as Trustee under Trust #2175. Clerk Allison called the role: Clark - aye Jones - aye Stafford - aye Prochaska - aye Johnson - aye Baird - aye Callmer - aye Baker - aye Motion carried. MAYORS REPORT Mayor Kittoe announced the following appointments to various City Committees, Boards, etc: City Attorney Daniel J. Kramer Acting City Administrator / Police Chief Anton Graff (Until we hire a full-time administrator) Recreation Director Anne Scholl Assistant Recreation Director Becky Johnson Building and Zoning John Schneider (** It was noted that John Schneider would remain during a transition period with company just hired by the council. ) Superintendent of Public Works J.T. Johnson Water Operator in Charge Joe Moore City Council Meeting Minutes - May 12, 1994 - page 8 Tourism Representative Ross Ament Zoning Board of Appeals Don Altman Library Board: Carol LaChance Tina Archer Thomas Vamont Kay Livingston Park Board: Tim Zaspal A motion was made by Alderman Baird and seconded by Alderman Jones to accept the appointments of the Mayor. Clerk Allison called the role: Baker - aye Clark - aye Prochaska - aye Jones - aye Johnson - aye Stafford - aye Callmer - aye Baird - aye Motion carried. Mayor Kittoe stated that he would like all Council Committees to remain as they are currently. Any comments or questions concerning this issue will be discussed at the Committee of a Whole meeting next week. Also to be discussed at that time will be a representative to the EMS / Fire Department. Mayor Kittoe read to the council a letter of resignation received from Buck Kolkmeyer resigning from the Plan Commission. Someone from the Park Board will be looked at to be assigned to the Plan Commission so they are represented. If anyone is interested in the City Treasurer position they should contact Mayor Kittoe. A letter of recognition for Mr. Joe Moore and a job well done was received from Shirley Ann Briggs of Yorkville. This letter was read to the council. Acting Administrator Graff was asked to request Deputy Treasurer Kim King to attend at least one council meeting each month. CITY CLERK REPORT - NO REPORT CITY TREASURER REPORT - NO REPORT CITY ADMINISTRATOR REPORT - NO REPORT KENDALL COUNTY ECONOMIC DEVELOPMENT - NO REPORT KENDALL COUNTY GOVERNMENTAL LEAGUE REPORT - NO REPORT SCHOOL COMMUNITY REPORT The next School Board meeting will be on Monday, May 23, 1994 at 7:30 p.m. OLD BUSINESS - none City Council Meeting Minutes - May 12, 1994 - page 9 NEW BUSINESS Alderman Clark and Alderman Jones reported on a recent Aurora Area Tourism meeting they attended. Alderman Jones participated in the wrestling tournament. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE A motion was made by Alderman Clark and seconded by Alderman Prochaska to agree to pay 1/2 of the blacktop bill at $100 as requested by Ray Wheaton. Alderman Prochaska stated that a written policy should be developed regarding the City's process in handling these types of "self" work. Citizens should also be notified to contact the city prior to completing this type of work. Clerk Allison called the role: Johnson - aye Stafford - aye Callmer - aye Baird - aye Baker - aye Clark - aye Prochaska - aye Jones - aye Motion carried. Request for the city to reimburse 1/2 of sidewalk bill. Two bids were received for 280 sq. ft. of sidewalk. A motion was made by Alderman Clark and seconded by Alderman Prochaska to reimburse Bob Van Paris $385 for sidewalk replacement. Clerk Allison called the role: Callmer - aye Baker - aye Prochaska - aye Johnson - aye Baird - aye Clark - aye Jones - aye Stafford - aye Motion carried. A motion was made by Alderman Clark and seconded by Alderman Baker to pay Baxter and Woodman a fee not to exceed $3 ,950 on the Southwest Interceptor project. Alderman Prochaska asked if this was part of the original budget on the project. It was noted that this does fall within the original budget numbers. Clerk Allison called the role: Jones - aye Stafford - aye Baird - aye Clark - aye Prochaska - aye Johnson - aye Callmer - aye Baker - aye Motion carried. A motion was made by Alderman Clark and seconded by Alderman Prochaska to accept the abandonment of 60 ' right-of-way in Woodworth Estates. Clerk Allison called the role: Stafford - aye Baird - aye Clark - aye Jones - aye Johnson - aye Callmer - aye Baker - aye Prochaska - aye Motion carried. City Council Meeting Minutes - May 12, 1994 - page 10 A motion was made by Alderman Clark and seconded by Alderman Baker to adopt the resolution for the MFT Maintenance Contract of streets and highways for 1994. Clerk Allison called the role: Baker - aye Prochaska - aye Johnson - aye Callmer - aye Clark - aye Jones - aye Stafford - aye Baird - aye Motion carried. Alderman Clark stated that the resolution adopting the Commonwealth Edison Recreational Lease Supplement has been reviewed by Attorney Kramer and seems to be in order. Chief Graff stated that the lease agreement is dated May 1, 1990 to April 30, 2000 at a cost of $1. A motion was made by Alderman Clark and seconded by Alderman Baker to approve the resolution of the Wildwood Estates at a $1 lease fee. Clerk Allison called the Role: Stafford - aye Baird - aye Clark - aye Prochaska - aye Johnson - aye Callmer - aye Baker - aye Jones - aye Motion carried. A motion was made by Alderman Clark and seconded by Alderman Johnson to adopt the job description for the City Administrator / Budget Officer position. Clerk Allison called the role: Baker - aye Prochaska - aye Johnson - aye Callmer - aye Baird - aye Clark - aye Jones - aye Stafford - aye Motion carried. A motion was made by Alderman Clark and seconded by Alderman Johnson to increase the inspection fees for John Schneider to $20 retroactive to May 1, 1994. Clerk Allison called the role: Stafford - aye Baird - aye Baker - aye Prochaska - aye Johnson - aye Callmer - aye Clark - aye Jones - aye Motion carried. A motion was made by Alderman Clark to accept the March 1994, Beecher Building Report, the March 1994, Building Department Report and the March 1994, Water Department Report as presented. Motion carried. ECONOMIC DEVELOPMENT COMMITTEE Attorney Kramer explained the need for the Non-Conforming Lot size Variance Ordinance. This is needed due to so many lots within the city which do not conform to the current lot size requirements. If a home was to be destroyed on one of these lots they would not actually be allowed to build on the lot. Attorney Kramer will draft the required ordinance and it will be discussed at the next Committee of a Whole meeting. City Council Meeting Minutes - May 12, 1994 - page 11 Mayor Kittoe stated that the next item on the agenda is the Kendall County Economic Development Municipal Annual Dues of $6,000. Mayor Kittoe stated that the City has benefitted from this program through various loans that have been granted to new businesses in Yorkville. A motion was made by Alderman Jones and seconded by Alderman Baker to approve the payment of the annual dues to the Kendall County Economic Development. Clerk Allison called the role: Baird - aye Clark - aye Jones - aye Stafford - aye Callmer - aye Baker - aye Prochaska - aye Johnson - aye Motion carried. The consensus of the Council was that this $6, 000 is a very good investment for the City of Yorkville and that a good partnership has been made with the county. PUBLIC SAFETY COMMITTEE Alderman Johnson stated that in April the negotiations were opened to negotiate the wages for the Yorkville Professional Police Association. An agreement was reached on the wage re-opener at a 4% increase to all officers. A motion was made by Alderman Johnson and seconded by Alderman Clark to authorize the Mayor to sign the agreement with the Yorkville Professional Police Association in regards to salary for the 1994 - 1995 fiscal year. Clerk Allison called the role: Prochaska - aye Johnson - aye Callmer - aye Baker - aye Jones - aye Stafford - aye Baird - aye Clark - aye Motion carried. The next meeting of the Public Safety Committee will be held on Wednesday May 18, 1994 at 5: 30 p.m. ADMINISTRATION COMMITTEE A meeting was held between the City and the School Board to discuss a "swap" of property. This will be discussed at the next Committee of a Whole meeting. Mr. J.T. Johnson was asked to bring in some information regarding the sewer and water locations on that property. ADHOC / RECYCLING COMMITTEE The City of Yorkville recycling program has been a huge success showing a 92% overall usage level. TCD will be notified that the city will continue to pay the current rates until documentation of any changes is received. ADDITIONAL BUSINESS The next Public Works Committee meeting will be held on Monday, May 16, 1994 at 6: 00 p.m. at City Hall. ADJOURNMENT Motion was made by Alderman Baird and seconded by Alderman Jones to adjourn the meeting at 9:26 p.m. . Motion carried. 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