City Council Minutes 1994 04-21-94 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 APRIL 21, 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. OUORUM
INTRODUCTION OF GUESTS
Mayor Kittoe asked those persons present to introduce themselves.
AMENDMENTS TO THE AGENDA
There were two amendments made to the Agenda. Alderman Clark will
be presenting a Resolution for additional stop signs and Alderman
Johnson deleted the information listed under the Public Safety
Committee.
PUBLIC HEARING
A motion was made by Alderman Johnson and seconded by Alderman
Jones to move into Public Hearing regarding the Fiscal Year 1994 -
1995 Budget, PC 94-7, Delphine Cimaglia and PC 94-8, Estate of Fred
Meier, Deceased and Ellen Meier. Clerk Allison called the role:
Baker - aye Clark - aye
Prochaska - aye Jones - aye
Johnson - aye Stafford - aye
Callmer - aye Baird - aye
Motion carried.
FISCAL YEAR 1994 - 1995 BUDGET
Alderman Baird stated that the Budget does need slight revisions
prior to the Council voting on it for passage. Mayor Kittoe asked
if there were any questions or comments from those present on the
Budget. There being none, Mayor Kittoe asked the Public Hearing to
move to the next item on the agenda.
PC 94-7 / Delphine Cimaglia
Alderman Jones stated that this public hearing is being held to
discuss the Annexation and Zoning from Kendall County R-1 to City
A-1, Single Family on parcel of real estate described as Outlot "A"
of Richard' s Blackberry Estates, in the Township of Bristol,
Kendall County, Illinois. Property is located on Route 47,
approximately 1, 000 feet north of Kennedy Road, on the west side of
Route 47 . The petitioner is Delphine Cimaglia.
Mayor Kittoe asked for comments or concerns regarding this proposed
annexation and zoning.
Mr. Lawrence Casey asked if this annexation was at the request of
the City and if so, why?
Attorney Kramer responded stating that this is an unbuildable lot,
but annexing it to the City would bring continuity to the Amurol
Plant. Attorney Kramer also stated that the next request on Meier
is the same situation.
City Council Meeting Minutes - April 21, 1994 - page 2
Mr. Casey asked what the advantage is for these persons to bring
the lots into the City limits.
Attorney Kramer stated that this would allow access to City water
and sewer for those annexing into the City. Attorney Kramer stated
that the City of Yorkville does not force annex anyone into the
City Limits. These are agreed upon by the petitioners.
There being no further comments on this particular property, Mayor
Kittoe asked the Public Hearing to move on to the next property.
PC 94-8 / Meier
Alderman Jones stated that this Public Hearing was being held to
discuss the request to annex and zone from Kendall County R-2 to
City R-2, Single Family. The property is located on Route 47
approximately 600 feet north of Kennedy Road on the West side of
Route 47. The petitioner is the Estate of Fred Meier, Deceased and
Ellen Meier.
Attorney Kramer reiterated that the City has requested this
annexation to allow continuity to the Amurol plant.
A question was raised as to why this was completed after the Amurol
Plant has begun construction. Attorney Kramer responded that this
is part of the requirements of the Grant that the City has received
and that they have pursued continuity up Route 47 as well as along
the Cannonball Trail Road.
A motion was made by Alderman Jones and seconded by Alderman Baker
to move out of Public Hearing to regular council session. Clerk
Allison called the role:
Johnson - aye Stafford - aye
Callmer - aye Baird - aye
Baker - aye Clark - aye
Prochaska - aye Jones - aye
Motion carried.
Mayor Kittoe stated that the council is now in regular session and
that the next item on the agenda is the Plan Commission and Zoning
Board of Appeals items.
PLAN COMMISSION / ZONING BOARD OF APPEALS
ORDINANCE 94-8 & 94-9
PC 93-19 OLIVER / NILES
A motion was made by Alderman Jones and seconded by Alderman
Prochaska to authorize the Mayor and City Clerk to sign the Pre-
Annexation Agreement and to approve the Ordinance authorizing the
Annexation of PC 93-19 -- Harold Oliver, Rebecca Oliver and Barry
Niles.
Attorney Kramer stated that these ordinances were originally
distributed to the council at the time of the original vote but
that the City has received the signed Pre-annexation agreement and
can now vote to approve the appropriate ordinances.
Clerk Allison called the role:
Callmer - aye Baird - aye
Baker - aye Clark - aye
Prochaska - aye Jones - aye
Johnson - aye Stafford - aye
Motion carried.
City Council Meeting Minutes - April 21, 1994 - page 3
ORDINANCE 94-10 & 94-11
PC 94-7 DELPHINE CIMAGLIA
Alderman Jones made a motion authorize the Mayor and City Clerk to
execute the ordinances for annexation and zoning from Kendall
County R-1 to City R-1, Single Family. The petitioner is Delphine
Cimaglia. Seconded by Alderman Baird. Clerk Allison called the
role:
Prochaska - aye Jones - aye
Johnson - aye Stafford - aye
Callmer - aye Baird - aye
Baker - aye Clark - aye
Motion carried.
ORDINANCE 94-12 & 13
PC 94-8 MEIER
Alderman Jones made a motion to annex and zone from Kendall County
R-2 to City R-2 , single family. The petitioner is Estate of Fred
Meier, Deceased and Ellen Meier. Seconded by Alderman Baird.
Clerk Allison called the role:
Stafford - aye Johnson - aye
Baird - aye Callmer - aye
Clark - aye Baker - aye
Jones - aye Prochaska - aye
Motion carried.
Alderman Jones made a motion to authorize the Mayor and City Clerk
to execute the annexation agreement on PC 94-8, Estate of Fred
Meier, Deceased and Ellen Meier. Seconded by Alderman Baker.
Clerk Allison called the role:
Clark - aye Baker - aye
Jones - aye Prochaska - aye
Stafford - aye Johnson - aye
Baird - aye Callmer - aye
Motion carried.
MINUTES APPROVAL
Alderman Prochaska stated that there was a correction needed on
page 6 of the April 14th minutes. These should state Alderman
Prochaska stated that he has developed an outline and format for a
brochure for the City of Yorkville instead of developed a brochure
for the City of Yorkville.
Alderman Callmer moved to waive the reading of the minutes from the
regular council meeting of April 14, 1994 and approve the minutes
as corrected. Seconded by Alderman Johnson. Motion carried.
BILLS APPROVAL
Alderman Baird made a motion to approve and pay bills dated April
21, 1994 in the amount of $111, 140.96 as presented. Seconded by
Alderman Clark.
Alderman Stafford raised a question concerning warranties on the
squad car packages. He stated that he felt some of the charges for
the U-joint' s were excessive if a warranty was in place. He was
noted that not all items are covered under warranty.
Also questioned was on page three the bill to Pavia Marting if
these charges were existing items prior to the agreement. It was
stated that they were.
City Council Meeting Minutes - April 21, 1994 - page 4
Clerk Allison called the role:
Baird - aye Callmer - aye
Clark - aye Baker - aye
Jones - aye Prochaska - aye
Stafford - aye Johnson - aye
Motion carried.
CITIZEN COMMENTS
Mr. Gregg Molina of Bristol Road, Yorkville introduced himself and
stated that he was at the meeting with several neighbors to discuss
the danger of the intersection of Bristol Road, Walnut Street and
Route 47 . He stated that there have been several accidents at this
corner in just the past few months, including one death. He asked
if there was anyway to have this corner closed.
Mayor Kittoe stated that the City would need to contact IDOT. J.T.
Johnson was asked to follow through on this request. Mr. Johnson
stated that IDOT had asked to close this intersection several years
ago and that he felt there would be no problems in closing the
intersection.
Mr. Molina and his neighbors in attendance at the meeting were
asked to contact their neighbors for concurrence with this request.
Mayor Kittoe stated that a Public Hearing would be required prior
to the closing of this intersection.
The Public Works committee was asked to follow up on these types of
issues at their next meeting including any needed slow children
playing signs, etc.
Mr. Lawrence Casey raised a question concerning the City's
annexation and zoning requests. He asked how far the city plans to
annex and when the growth will be stopped.
Alderman Jones responded that the City is being contacted by these
developers who have already purchased the farm land from local
people.
Mayor Kittoe stated that the City has a Comprehensive Plan which
looks to Dixon Road, Bypass 30, Lynwood Subdivision and Eldamain
Road as possible City Boundaries.
Alderman Jones stated that the City is attempting to develop fees,
etc. , which would have some of the school costs etc. paid by the
incoming persons and developers. i.e. impact fees, transition fees
Mr. Casey stated that the increase in real estate taxes with the
increased fees for the school and the city make it difficult for
senior citizens on a fixed budget to make ends meet.
Alderman Prochaska stated that the City is trying to control the
growth but cannot stop the growth.
Alderman Callmer reiterated that the City must follow its
comprehensive plan and control the growth coming this way.
Mayor Kittoe stated that he was going to publicly respond to the
Letter to the Editor in this week's edition of the Kendall County
Record "bashing" the City Council and the Mayor. He stated that
the elected officials put in a lot of hours working for this City
and that other persons should run for office if they feel things
can be accomplished differently.
Alderman Clark responded to Mr. Casey's comment regarding the
Senior Citizens and increased taxes. She stated that the City is
attempting to control the increase of City taxes to the Senior
Citizens in the area.
City Council Meeting Minutes - April 21, 1994 - page 5
ATTORNEY'S REPORT
Attorney Kramer distributed copies of a letter from Roy Lindley
regarding the J. Liggett pond problem. This has been discussed by
the Public Works Committee.
Attorney Kramer stated that the contract with Pavia Marting has
been revised to show the hourly wage as discussed at the last
council session.
A motion was made by Alderman Clark and seconded by Alderman
Prochaska to authorize the Mayor to sign a contract with Pavia
Marting with the amendment to the Service Contract in paragraph 2C,
Section 1, to an hourly rate. Clerk Allison called the role:
Baker - aye Clark - aye
Prochaska - aye Jones - aye
Johnson - aye Stafford - aye
Callmer - aye Baird - aye
Motion carried.
A motion was made by Alderman Clark and seconded by Alderman
Prochaska to acquire the services of William L. Lynley and Sons to
investigate the Liggett pond problem at a cost not to exceed
$1, 300.
Alderman Callmer raised a question on cause and effect of the
problem. Attorney Kramer stated nothing could be for sure until it
is reviewed.
Alderman Prochaska asked if a recommendation would come to the City
from Lynley and Sons. Attorney Kramer stated yes.
Alderman Jones stated the City should work with Mr. Liggett on this
problem.
Alderman Stafford asked if there was a problem due to the
contractor would the contractor be charged for payment of this fee.
Attorney Kramer stated that nothing could be finalized until the
results of the review were received.
Alderman Clark made a motion to amend the motion to read not to
exceed $2,400. Seconded by Alderman Prochaska.
Clark Allison called the role on the amended motion:
Callmer - aye Baird - aye
Baker - aye Clark - aye
Prochaska - aye Jones - aye
Johnson - aye Stafford - nay
Motion carried 7-1.
Clerk Allison called the role on the original motion.
Johnson - aye Stafford - nay
Callmer - aye Baird - aye
Baker - aye Clark - aye
Prochaska - aye Jones - aye
Motion carried 6-2 .
RESOLUTION NO. 1994-5 / BORROW FUNDS
Attorney Kramer stated that although the City Council had voted to
borrow funds for the North and South Sewer and Water projects no
funds have been borrowed from the local banks.
City Council Meeting Minutes - April 21, 1994 - page 6
A motion was made by Alderman Baird and seconded by Alderman Clark
to approve Resolution 94-5 Authorizing the United City of the
Village of Yorkville to borrow funds in the sum of $507, 000 from
the Yorkville National Bank. Clerk Allison called the role:
Prochaska - aye Jones - aye
Johnson - aye Stafford - aye
Callmer - aye Baird - aye
Baker - aye Clark - aye
Motion carried.
ORDINANCE 94-14 / DEVELOPMENT RESOURCES, INC
Attorney Kramer stated that although the council had voted to annex
the property near Eldamain Road, the ordinances were not signed
pending the final plat drawings.
A motion was made by Alderman Jones and seconded by Alderman Baker
to authorize the Mayor and City Clerk to execute the agreements on
Development Resources Inc. Clerk Allison called the role:
Stafford - aye Johnson - aye
Baird - aye Callmer - aye
Clark - aye Baker - aye
Jones - aye Prochaska - aye
Motion carried.
MAYORS REPORT
Mayor Kittoe swore in Rim Ring, for the Deputy Treasurer of the
City of Yorkville.
Attorney Kramer read the Proclamation by the American Legion Post
#489 selecting May 19, 20, and 21, 1994 as POPPY AWARENESS DAYS in
the City of Yorkville.
CITY CLERK REPORT - NO REPORT
CITY TREASURER REPORT
Alderman Baird made a motion to approve the Resolution APPOINTING
INDIVIDUALS TO BE AUTHORIZED TO SIGN CHECKS AND HAVE ACCESS TO THE
CITY' S SAFE DEPOSIT BOX FOR THE CITY. Seconded by Alderman
Stafford. Clerk Allison called the role:
Clark - aye Baker - aye
Jones - aye Prochaska - aye
Stafford - aye Johnson - aye
Baird - aye Callmer - aye
Motion carried.
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, April 25, 1994 at
7:30 p.m.
City Council Minutes -- April 21, 1994 -- page 7
OLD BUSINESS - none
NEW BUSINESS - none
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE
Alderman Clark made a motion to award a bid of $8, 121.60 to Aurora
Blacktop to complete the blacktop requirements of the Dempsey
Engineering contract giving us a cost savings of $5, 003 .40.
Seconded by Alderman Baker. Clerk Allison called the role:
Jones - aye Prochaska - aye
Stafford - aye Johnson - aye
Baird - aye Callmer - aye
Clark - aye Baker - aye
Motion carried.
Alderman Clark made a motion to award a bid of $3 , 962 . 65 to Aurora
Blacktop to patch and overlay the driveway of 3651 Cannonball Trail
to repair damage to the driveway caused by the City during
construction. Seconded by Alderman Johnson. Clerk Allison called
the role:
Baird - aye Callmer - aye
Clark - aye Baker - aye
Jones - aye Prochaska - aye
Stafford - aye Johnson - aye
Motion carried.
JOINT PURCHASING ACT / PARTICIPATION RESOLUTION
A motion was made by Alderman Clark and seconded by Alderman
Stafford to authorize the Mayor and City Clerk to sign the Joint
Purchasing Act Participation resolution by the Illinois Department
of Central Management Services. Clerk Allison called the role:
Baker - aye Clark - aye
Prochaska - aye Jones - aye
Johnson - aye Stafford - aye
Callmer - aye Baird - aye
Motion carried.
ORDINANCE 94-15 / ORDINANCE REOUIRING STOP SIGNS
A motion was made by Alderman Prochaska and seconded by Alderman
Jones to adopt Ordinance 94-15, An Ordinance Requiring Installation
of Stop Signs at the Intersection of Park and Fremont Streets in
the United City of the Village of Yorkville.
A discussion was held concerning the need for this stop sign.
Chief Graff stated that he agrees the corner needs a stop sign but
feels the City may not have followed proper procedure.
Alderman Prochaska stated that Attorney Kramer has assured the City
Council that they are within their rights to install this stop
sign.
Clerk Allison called the role:
Johnson - aye Stafford - aye
Callmer - aye Baird - aye
Baker - aye Clark - aye
Prochaska - aye Jones - aye
Motion carried.
City Council Minutes -- April 21, 1994 -- page 8
Mayor Kittoe stated that cross-walks should be painted on this
intersection.
ECONOMIC DEVELOPMENT COMMITTEE
Alderman Jones stated that a Special Plan Commission meeting has
been scheduled for Wednesday, April 27th at 7:00 p.m. at City Hall.
Also scheduled is a Special City Council that same evening at 7: 15
p.m. to discuss the Holdiman annexation and the City Budget.
PUBLIC SAFETY COMMITTEE - no report
ADMINISTRATION COMMITTEE - no report
ADHOC / RECYCLING COMMITTEE - no report
ADDITIONAL BUSINESS
Mayor Kittoe stated that he would like to appoint Harold Feltz as
Chairman of the City of Yorkville Plan Commission.
A motion was made by Alderman Baird and seconded by Alderman Jones
to approve the appointment of Harold Feltz as City of Yorkville
Plan Commission Chairman. Motion carried.
Alderman Baird stated there would be an Administrative Committee
meeting on Tuesday, April 26 , 1994 at 7 : 00 p.m. at City Hall.
ADJOURNMENT
Motion was made by Alderman Baird and seconded by Alderman Jones to
adjourn the meeting at 8:25 p.m. . Motion carried.
Jacquelin- Al ison
City(Clerk
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