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City Council Minutes 1994 02-10-94 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 FEBRUARY 10, 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 - 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. MINUTES APPROVAL Alderman Prochaska moved to waive the reading of the minutes from the regular council meeting of February 3rd and approve the minutes as corrected. Seconded by Alderman Johnson. Motion carried. BILLS APPROVAL Alderman Callmer made a motion to approve and pay bills dated 2-10- 94 in the amount of $77,970.90 as presented. Seconded by Alderman Baker. Clerk Allison called the role: Johnson - aye Stafford - aye Callmer - aye Baird - abs Baker - aye Clark - aye Prochaska - aye Jones - aye Motion carried 7-0. CITIZEN COMMENTS Mr. Dave Palowski spoke to the council members and citizens present. Mr. Palowski stated that he was made aware of a meeting held by those who live on Corniels road concerning the annexation and rezoning request of Oliver / Niles. Mr. Palowski felt stabbed in the back by those persons who he feels he was attempting to help even though he does not live near this proposed development. He was told that Oliver / Niles had agreed to move the duplexes to the west side of the road. He stated he did agree with this as long as the number remained at 20 duplexes and no more. Alderman Clark stated that the Plan Commission is proposing 10% of the lots being zoned as duplex units. Attorney Kramer informed those present that the annexation agreement originally proposed agreed to a 20 duplex maximum on the west side of Cannonball Trail. He emphasized that there has been no action taken on the East side of the development as there has not yet been a concept plan presented to the Plan Commission for review. Attorney Kramer assured Mr. Palowski that the Mayor and Alderman Stafford attended this neighborhood meeting at the request of those present. This was not a City meeting. Mayor Kittoe stated that he had been contacted by Mr. Mike Gaebel regarding moving the duplexes to the East side of the development. Mayor Kittoe stated he asked if he had spoken to Mr. Oliver regarding this move. He was told yes, that he had and that if the Regular City Council - February 10, 1994 - page 2 move was made the developers would request 40 - 50 duplex lots on the East side. Mayor Kittoe asked if this was agreeable to the present neighbors? Yes. Therefore, Mayor Kittoe asked the City Attorney to draft a new agreement indicating the duplexes being moved to the East side of the development. All Alderman were polled and they were agreeable to this also. A meeting was held with the Attorney and the agreement was finalized. Mr. Mike Gaebel stated he did speak to Mr. Oliver concerning this possible compromise and stated that Mr. Oliver indicated that he would need additional duplex lots to make this deal "fly" . A question was asked concerning why the increase was needed if an agreement was made at the Monday Night Committee of A Whole Meeting. Mayor Kittoe again stated the changes were being made to reflect the information he was receiving. Mayor Kittoe stated he contacted Mr. Niles concerning this issue. The Mayor stated that he was notified at 10: 00 a.m. that this was in agreement. At 6:00 p.m. Mayor Kittoe was informed that this was not an agreement of all parties involved. Mr. Palowski asked why the meeting was held on Tuesday evening if an agreement had been made on Monday. He states that the Council should forget all of the 50 duplex issue and look at the agreement that was made on Monday at the Committee of a Whole meeting. Alderman Jones stated he received a call this evening at 5:45 p.m. from Mr. Palowski asking about the duplex lot increase. He then contacted the Mayor notifying him of the objection to the 50 duplex agreement. Mr. Klatt called and voiced his objection to this duplex issue. Alderman Stafford assured Mr. Palowski that he and the Mayor were invited to the neighborhood meeting and were in no way attempting to ignore Mr. Palowski's issues. Mr. Palowski again stated his disappointment at what had occurred. Alderman Stafford stated they were not informed of who was holding the meeting just asked to attend. Mr. Palowski stated he did not feel the increase of duplex lots made any sense. Mr. Harold Oliver stated that he received a call about moving the duplex lots. His first reaction was to say no that they issue had taken long enough and they needed to move forward. He stated he would need to review the financial numbers in order to consider this issue. He stated that he would need them to approve the original request of 18% of the lots being duplexes in order to move them to the other side of the development. This would make it cost effective to move to the other side and have to wait to sell this type of a lot. Mr. Oliver stated all of his conversations were held with Mr. Mike Gaebel. He stated all of the neighbors would need to be contacted to be sure they were all in agreement. He stated if this would make both Bristol and Yorkville happy then he was all for it. Mr. Palowski stated why the increase in the number of duplex lots if 20 were requested and none were to be on the other side? Alderman Johnson asked if there had been a consensus seen on the zoning of duplexes on the east side? Regular City Council - February 10, 1994 - page 3 Attorney Kramer stated that no major discussions had been held concerning the east side as they have not yet submitted information on this part of the farm. Alderman Johnson stated this would need to be reviewed with the "concept" being requested for the east side. Are they requesting duplex lots for the east side? Alderman Callmer stated the est side is not specified as there has been no request made. Alderman Clark asked if the zoning is approved will they be able to have the 12, 000 square foot lots? Attorney Kramer stated that this issue will not be finalized until the developers return for final platting. This is still in the negotiation stages. Harold Oliver stated that this is still a concept and that additional reviews will be completed to finalize the plat requests. Attorney Kramer stated that this should be approved in three separate motions. Those being: 1) Annex entire parcel 2) Request for zoning - R-2 (East and West) 3) Decision of which agreement to approve: The first being that which was discussed at Monday's Committee of a Whole and the second being that of the revised 2-10-94 agreement agreeing to the "supposed" compromise. Mr. Mike Gaebel stated he did not mean to imply all of Bristol during his discussions. He stated that he did want to help in solving the controversy. When speaking to Mr. Oliver they did discuss 40 - 50 duplex lots. Although he was not happy with this, he did state that this could be the best for the situation. He stated he did call several persons and that everything fell apart. He stated he was trying to deal fairly with the community. He stated he did not know why Dave Palowski was not invited to the meeting but it was held for discussion purposes only. Mr. Palowski stated that this has not been a fight but a Negotiation of the ideas. He stated he doe snot understand why anyone would want an increase from 20 duplex lots to 40. He did not know why they would want the problem moved from one front yard to another. He stated they Council should go back to the Monday night discussion. Mr. Barry Niles stated that the duplex lots are an economic issue. It costs alot of money to place sewer and water out to the lots. He stated that there is a lot of desirability of the duplex lots. People are already requesting to purchase this type of a lot. He stated that without these lots it is a real disadvantage financially and that if they wait and move the lots to the other side they would need to be compensated for it. Mr. Niles stated that as far as he was concerned the east side could have been the only side with duplexes requested. Mr. Gaebel asked if anyone could review the minutes of the past meetings to see if they show duplex lots being discussed on both sides of the development. Mr. Oliver stated that as the developer they will have the right to request additional duplex lots on the other side when they decide to develop it. Mr. Palowski again asked the council to refer to the Monday night discussion. Regular City Council - February 10, 1994 - page 4 Attorney Kramer stated that the request is for annexation and zoning to R-2 . He stated that the original annexation agreement called for 20 duplex lots on the west side. The east side has not been discussed at this time. PLAN COMMISSION / ZONING BOARD OF APPEALS PC 93 - 19 / OLIVER NILES Alderman Jones stated that at this time the Council would review the PC 93-19 request to annex and rezone to R-2 Single Family Residential District. Property is located on the east and west side of Cannonball Trail, north of Burlington Northern Railroad Tracks and less than 1/2 mile north of Bristol. Owners of the parcel are Harold Oliver and Barry Niles. Alderman Jones made a motion to annex the real property described in the Petition of Harold Oliver, Rebecca Oliver and Barry Niles PC 93-19 as R-2 Single Family Residential District. Seconded by Alderman Baker. Clerk Allison called the role: Calimer - aye Baird = abs Baker - aye Clark - aye Prochaska - aye Jones - aye Johnson - aye Stafford - aye Motion carried 7-0. Alderman Jones made a motion to move to zone the Real Property described in Petition PC93-19 as R-2 Single Family Residential District. Seconded by Alderman Johnson. Clerk Allison called the role: Prochaska - aye Jones - aye Johnson - aye Stafford - aye Calimer - aye Baird - abs Baker - aye Clark - aye Motion carried 7-0. A motion was made by Alderman Jones to approve the original Annexation Agreement between Petitions in PC93-19 and to authorize the Mayor and City Clerk to sign. Seconded by Alderman Stafford. Clerk Allison called the role: Stafford - aye Johnson - aye Baird - abs Callmer - aye Clark - aye Baker - aye Jones - aye Prochaska - aye Motion carried 7-0. CITY CLERK REPORT - no report CITY TREASURER / BUDGET OFFICER REPORT CITY ADMINISTRATOR REPORT Administrator Peck stated that the City is experiencing a minor emergency in the Woodworth Subdivision concerning a Lift station located there. This lift station needs new controls. This station backed up in August and it has happened again. Alderman Clark was contacted. A motion was made by Alderman Clark and seconded by Alderman Stafford to replace the lift station controls at a cost not to exceed $1, 610.80. Clerk Allison called the role: Regular City Council - February 10, 1994 - page 5 Clark - aye Baker - aye Jones - aye Prochaska - aye Stafford - aye Johnson - aye Baird - abs Callmer - aye Motion carried 7-0. Administrator Peck updated the Council regarding the City's salt supply. The City has used 132 tons this year. These were purchased at a cost of $24. 13 / ton. Last week, the City received an additional 23 tons at a cost of $31 / ton. Another load of salt is to be received around the 17th of February. The city currently has enough on hand for two snow storms. Additional salt cannot be purchased without going through the government. KENDALL COUNTY ECONOMIC DEVELOPMENT - no report SCHOOL COMMUNITY REPORT The next School Board meeting will be held on Monday, February 28, 1994 . Chief Graff informed the council that a Dare Graduation was held Tuesday evening. There were 160 5th Graders participating. Copies of the 10 essays will be distributed to the Council at the next Committee of a Whole meeting. Chief Graff stated that Officer Barry Groesch has done an excellent job and should be commended for his efforts. OLD BUSINESS - none NEW BUSINESS - none MAYOR'S REPORT Attorney Kramer read a Commodation being presented to the Bristol Kendall Fire Department for their service to the community under the extreme weather conditions experienced during January, 1994. A motion was made by Alderman Jones and seconded by Alderman Baker to authorize the Mayor and City Clerk to sign the Commendation. ATTORNEY'S REPORT Attorney Kramer distributed copies of the response submitted in regard to the Appeal being filed on the Fisher Special Use zoning. The IMRF resolution has been drafted. Treasurer Huston asked that this be discussed at the next Committee of a Whole as there are some questions which need to be discussed. The Dwyer annexation agreement was distributed to the Council members for review. This will be sent out for signature. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE C1� Alderman Baker discussed the proposed ordinance regarding apartments over businesses in the downtown area. This was discussed at the last Committee of a Whole meeting. Under the Ordinance this would be permitted under B-1 zoning and would be considered as a Special Use under B-2 and B-3 zoning. Regular City Council - February 10, 1994 - page 6 A question was raised concerning the density allowed. Attorney Kramer stated that this would be regulated through the parking ordinance. A motion was made by Alderman Baker to approve an ordinance that allows apartments over Businesses under B-1 zoning and under Special Use under B-2 and B-3 zoning in the City of Yorkville. Seconded by Alderman Jones. Clerk Allison called the role: Baird - abs Callmer - aye Clark - aye Baker - aye Jones - aye Prochaska - aye Stafford - aye Johnson - aye Motion carried 7-0. A motion was made by Alderman Clark and seconded by Alderman Callmer to approve the December 1993 Water Department Report as presented. Motion carried. A motion was made by Alderman Clark to approve the Agreement between the City of Yorkville and Kendall County that: That the County of Kendall will pay the entire cost for the aerial photography to be taken for the County of Kendall by the Sidewell Company at an approximate cost of $30, 250 and That the City of Yorkville agrees to reimburse the County of Kendall for its agreed share of said cost of the sum of $833 which amount will be paid to the County of Kendall on or before the 1st day of September, 1994 . Seconded by Alderman Stafford. Clerk Allison called the role: Johnson - aye Stafford - aye Callmer - aye Baird - abs Baker - aye Clark - aye Prochaska - aye Jones - aye Motion carried 7-0. ECONOMIC DEVELOPMENT COMMITTEE The Plan Commission meeting will be held on Wednesday, February 16, 1994 at 7 : 00 p.m. PUBLIC SAFETY COMMITTEE - no report ADMINISTRATION COMMITTEE Alderman Prochaska made a motion to approve the Purchase Order Resolution. Seconded by Alderman Johnson. Clerk Allison called the role: Callmer - aye Baird - abs Baker - aye Clark - aye Prochaska - aye Jones - aye Johnson - aye Stafford - aye Motion carried 7-0. A motion was made by Alderman Johnson and seconded by Alderman Baker to accept the December 1993 Budget Report and the December, 1993 Treasurer Report as presented. • Regular City Council - February 10, 1994 - page 7 Clerk Allison called the role: Prochaska - aye Jones - aye Johnson - aye Stafford - aye Callmer - nay Baird - abs Baker - aye Clark - aye Motion carried 6-1. ADHOC / RECYCLING COMMITTEE - none ADDITIONAL BUSINESS An updated playground equipment catalog was given to Pat Clark. ADJOURNMENT Motion was made by Alderman Johnson and seconded by Alderman Jones to adjourn the meeting at 8: 17 p.m. . Motion carried 7-0. By: <I,c-_ c. cr,� C' a 4- Jacqueline Allison City Clerk IL-eknicctr _ lo , / 9 ” -7 : CI& 104k, (cav,,,(7 411110-) 001261xv-,___J tar / arcifi _ 49 1 ar,„_ or 7 --€76 2:7Avg- /t /r2E/es e lid