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
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