City Council Minutes 1993 09-23-93 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 SEPTEMBER 23, 1993
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 all persons in attendance to introduce
themselves . (A listing is attached to the minutes . )
PLAN COMMISSION / ZONING BOARD OF APPEALS
Mayor Kittoe announced that the Council would now go into Public
Hearing:
PUBLIC HEARING PC 93-5
Motion was made by Alderman Jones and seconded by Alderman Baker to
move into Public Hearing on the PC 93-5 property. The motion
carried 8-0.
The Public Hearing on PC93-5, to annex and rezone from Kendall
County A. to City $-2, R-4, and B-3 (mixed use) was opened. This
property is located on the south side of Route 34 east of Eldamain
Road, owned by Development Resources, Inc. known as the Diehl
property.
Attorney Kramer indicated that there have been minor changes on the
drawings since it was discussed at the Plan Commission. Questions
were raised concerning the number of cuts on Eldamain road, police
protection and the green areas . Attorney Kramer responded to the
questions indicating that this property would be in the City and
the City Police would be responsible for handling any calls. Also,
the homeowners association will be responsible for much of the
green areas . There would be a maximum of three cuts allowed onto
Eldamain Road per the County requirements .
Dr. William Davis questioned the lot line between his property and
the new development questioning fencing or berming due to his
training race track located near the lot line. Attorney Kramer
indicated that the owners of this property would be responsible to
pay one-half of the costs to place a fence on the property if
needed.
Concerns were also raised regarding the density of the property.
The density of this project has already been decreased due to the
R-4 being taken out of the development. Attorney Kramer did inform
the public that the density of this development is already lower
than would be allowed if the owners were to utilized R-1 zoning
throughout the development.
Concerns were also raised regarding the agriculture tile on this
property. The developers indicated that they are responsible for
making sure that their engineers review this situation.
Motion was made by Alderman Jones and seconded by Alderman Baker to
close the Public Hearing on PC93-5 . Motion carried 8-0 .
Attorney Kramer informed the Council and the Public that there
would be no discussion regarding the Purcell request to rezone from
B-3 to R-4 as this request has been tabled indefinitely.
City Council Minutes -- September 23, 1993 -- page 2
A motion was made by Alderman Jones and seconded by Alderman Baker
to move into regular council session. Motion carried 8-0 .
ORDINANCE #93-26A
A motion was made by Alderman Johnson and seconded by Alderman
Callmer to approve the Ordinance authorizing the City of Yorkville
to purchase 3 . 7 acres located at the Countryside Center at a cost
of $360, 000 for the purpose of constructing a Municipal Building
with a Public Hearing to be scheduled at 6 : 00 p.m. on October 14,
1993 . Seconded by Alderman Callmer.
Attorney Kramer informed the Council and the Public that this
ordinance is an enabling ordinance which authorizes the City
Council to discuss the purchase of this property.
Questions were raised from the Public asking why the City has
chosen this property. Some reasons were the location, the access
to the main highways in the city, etc. This will be discussed
further at the October 14th Council meeting.
Clerk Allison called the role:
Stafford - aye Baird - aye
Baker - aye Callmer - aye
Clark - aye Johnson - aye
Jones - aye Prochaska - aye
Motion carried 8-0 .
Alderman Jones made a motion to table the Countryside Center
request to rezone from B-3 to R-4 indefinitely. Seconded by
Alderman Baker. Motion carried 8-0 .
Alderman Baird requested that the Building and Zoning Committee
review the R-4 zoning. Alderman Jones indicated that the September
30, 1993 Economic Development Committee meeting is scheduled so
that the Council could review and discuss the City' s Comprehensive
Plan. At this time, the R-4 zoning could be reviewed.
CITIZEN COMMENTS
Mayor Kittoe thanked all the Citizens who came to tonight' s
meeting.
Citizen Martha Allison thanked Mr. Peck and the Council for the
repaving of the road on Adams Street, but did ask when the edges of
the road would be completed. Don Peck will visit with Mrs . Allison
after the meeting.
Citizen Cheryl Davis informed the council that she feels it is very
important for the city to review the R-4 zoning issue. Mrs . Davis
feels that this could be a potential problem area for the city.
The next City Council meeting will be held at 6 : 00 p.m. at the
Beecher Center on October 14, 1993 .
PLAN COMMISSION / ZONING BOARD OF APPEALS
The other item to be discussed at tonight' s meeting is the request
to annex and rezone to Office the Conover property located west of
the jail complex.
PC 93-7 -- Conover property
A motion was made by Alderman Jones and seconded by Alderman
Johnson to annex and rezone the J. Conover property to 0, PC93-7 .
Motion carried 8-0 .
City Council Minutes -- September 23, 1993 -- page 3
PC 93-5 -- Diehl property
Attorney Kramer informed the Council that a final draft of the PUD
will be drawn up as there were changes made at a final meeting held
today.
ORDINANCE #93-27,
Alderman Jones made a motion to authorize the Mayor and City Clerk
to sign the annexation agreement on the Diehl property. (PC 93-5)
Seconded by Alderman Prochaska. The motion carried 8-0 .
Alderman Jones made a motion to anne the Diehl property subject to
the execution of a written Planned Unit Development agreement.
Seconded by Alderman Prochaska. Clerk Allison called the role:
Stafford - aye Baird - aye
Baker - aye Callmer - aye
Clark - aye Johnson - aye
Jones - aye Prochaska - aye
Motion carried 8-0 .
Motion was made by Alderman Jones and seconded by Alderman Baker to
rezone Block 1 of the property to B-3, General Service Business
District. Clerk Allison called the role:
Callmer - aye Clark - aye
Johnson - aye Jones - aye
Prochaska - aye Stafford - aye
Baird - aye Baker - aye
Motion carried 8-0 .
Motion was made by Alderman Jones and seconded by Alderman
Prochaska to rezone Block 2 of the property to B-3, General Service
Business District. Clerk Allison called the role:
Baird - aye Baker - aye
Callmer - aye Clark - aye
Johnson - aye Jones - aye
Prochaska - aye Stafford - aye
Motion carried 8-0 .
Motion was made by Alderman Jones and seconded by Alderman
Prochaska to dedicate Block 3 of the property to the City of
Yorkville, designated for park purposes . Clerk Allison called the
role:
Clark - aye Johnson - aye
Jones - aye Prochaska - aye
Stafford - aye Baird - aye
Baker - aye Callmer - aye
Motion carried 8-0 .
Motion was made by Alderman Jones and seconded by Alderman
Prochaska to rezone Block 4 of the property to General Residence,
R-3, (7 . 0 Dwelling Units per acres Maximum Density) . Clerk Allison
called the role:
Baker - aye Callmer - aye
Clark - aye Johnson - aye
Jones - aye Prochaska - aye
Stafford - aye Baird - aye
Motion carried 8-0 .
City Council Minutes -- September 23, 1993 -- page 4
Motion was made by Alderman Jones and seconded by Alderman
Prochaska to rezone Block 5 of the property to R-2 One Family
Residence District. Clerk Allison called the role:
Callmer - aye Clark - aye
Johnson - aye Jones - aye
Prochaska - aye Stafford - aye
Baird - aye Baker - aye
Motion carried 8-0 .
Motion was made by Alderman Jones and seconded by Alderman Baker to
rezone Block 6 of the property to R-2 One Family Residence
District. Clerk Allison called the role:
Baird - aye Baker - aye
Callmer - aye Clark - aye
Johnson - aye Jones - aye
Prochaska - aye Stafford - aye
Motion carried 8-0 .
Motion was made by Alderman Jones and seconded by Alderman
Prochaska to rezone Block 7 of the property to R-2 One Family
Residential District. Clerk Allison called the role:
Clark - aye Johnson - aye
Jones - aye Prochaska - aye
Stafford - aye Baird - aye
Baker - aye Callmer - aye
Motion carried 8-0 .
Motion was made by Alderman Jones and seconded by Alderman Baker to
dedicate Block 8 of the property to the City of Yorkville for Park
Purposes . Clerk Allison called the role:
Baker - aye Callmer - aye
Clark - aye Johnson - aye
Jones - aye Prochaska - aye
Stafford - aye Baird - aye
Motion carried 8-0 .
Motion was made by Alderman Jones and seconded by Alderman Callmer
to rezone Block 9 of the property to B-3 Service Business District.
Clerk Allison called the role:
Callmer - aye Clark - aye
Johnson - aye Jones - aye
Prochaska - aye Stafford - aye
Baird - aye Baker - aye
Motion carried 8-0 .
Motion was made by Alderman Jones and seconded by Alderman
Prochaska to rezone Block 10 of the property to R-2 One Family
Residence District. Clerk Allison called the role:
Baird - aye Baker - aye
Callmer - aye Clark - aye
Johnson - aye Jones - aye
Prochaska - aye Stafford - aye
Motion carried 8-0 .
City Council Minutes -- September 23, 1993 -- page 5
Motion was made by Alderman Jones and seconded by Alderman Johnson
to rezone Block 11 of the property to R-3, General Residence
District. Clerk Allison called the role:
Clark - aye Johnson - aye
Jones - aye Prochaska - aye
Stafford - aye Baird - aye
Baker - aye Callmer - aye
Motion carried 8-0 .
Alderman Jones informed the Public Citizens present at the meeting
that the Council has worked hard to attempt to make this
development good for the City' s future, as well as for today.
Attorney Kramer informed the Council that the City was approached
by the Remline Company' s attorney regarding issuance of an enabling
resolution which allows the company to purchase Industrial Revenue
Development Bonds . At this time, Remline is not within the City
Limits . Attorney Kramer informed Remline of this and they
indicated they would like to be annexed into the City.
This will be referred to the Plan Commission for review.
Motion was made by Alderman Jones and seconded by Alderman Johnson
to authorize the City Attorney to prepare the enabling resolution
for the Remline Company. Clerk Allison called the role:
Baker - aye Callmer - aye
Clark - aye Johnson - aye
Jones - aye Prochaska - aye
Stafford - aye Baird - aye
Motion carried 8-0 .
A question was raised from Alderman Johnson regarding the recent
request to the Plan Commission for the Dunkin Donuts . Attorney
Kramer informed the Council that this is a matter of replatting the
lots and not a zoning issue.
MINUTES APPROVAL
Alderman Prochaska moved to waive the reading of the minutes from
the September 9, 1993 Regular Council Meeting and approve the
minutes as presented. Seconded by Alderman Stafford. Motion
carried 8-0 .
Alderman Jones made a motion to take a break from the Council and
resume the meeting at 8 : 35 p.m. Seconded by Alderman Callmer.
Motion carried 8-0 .
A motion was made by Alderman Prochaska and seconded by Alderman
Baker to resume the Regular Council Session. Motion carried 8-0 .
BILLS APPROVAL
Alderman Prochaska moved to approve and pay bills as presented.
Seconded by Alderman Callmer.
Alderman Baird made a motion to amend the above motion to read to
pay bills in the amount of $393,470 . 91 as presented. Seconded by
Alderman Prochaska.
Discussion was held concerning the bill list:
** The school is to reimburse part of the $574 . 08 .
** On page 9 -- transfer to the recreation department from the land
cash grant fund.
** Holding 10% to Aurora Blacktop until three streets were
completed.
City Council Minutes -- September 23, 1993 -- page 6
Clerk Allison called the roll on the amended motion:
Baker - Aye Callmer - Aye
Clark - Aye Johnson - Aye
Jones - Aye Prochaska - Aye
Stafford - Aye Baird - Aye
The motion carried 8-0 .
Clerk Allison called the roll on the original motion:
Johnson - aye Jones - aye
Prochaska - aye Stafford - aye
Baird - aye Baker - aye
Callmer - aye Clark - aye
The original motion carried by a vote of 8-0 .
ATTORNEYS REPORT
Attorney Kramer distributed copies of the PUD Agreement and the
Ordinance approving the B-2 Special Use for the Council ' s review.
ORDINANCE #93-28
Alderman Jones made a motion to approve the B-2 Special Use Zoning
for the Fisher / Carstar property. Clerk Allison called the role:
Prochaska - aye Stafford - aye
Baird - aye Baker - aye
Callmer - aye Clark - aye
Johnson - nay Jones - aye
Motion carried 7-1 .
MAYOR' S REPORT
PROCLAMATIONS
Mayor Kittoe read the Proclamations submitted by the Voice of
Democracy proclaiming the week of October 10th as Voice of
Democracy Week in Yorkville and the Proclamation submitted by the
Far West Residential Services representing September 19 - 25 as
Human Services Week in Yorkville.
CITY CLERK' S REPORT -- No Report
CITY TREASURER / Budget Officer' s Report -- No Report
ADMINISTRATOR' S REPORT
RESOLUTION #93-12
A motion was made by Alderman Clark and seconded by Alderman
Prochaska to adopt a resolution for work on the IDOT State right of
way for the South West Interceptor project. Motion carried 8-0 .
RESOLUTION #93-13
A motion was made by Alderman Clark and seconded by Alderman
Prochaska to adopt a resolution for the work on the IDOT State
right of way for the Cannonball Trail Sewer and Water Extension
project. Motion carried 8-0 .
KENDALL COUNTY ECONOMIC DEVELOPMENT COMMISSION -- No report
SCHOOL COMMUNITY REPORT
The next School Board meeting will be held on September 13, 1993.
City Council Minutes -- September 23, 1993 -- page 7
OLD BUSINESS
Questions were raised regarding the Somonauk Street project. This
project has been submitted to Baxter and Woodman for final
adjustments and then advertising for bids will begin, with
construction to follow.
NEW BUSINESS
Alderman Clark and Alderman Prochaska attended the recently held
Intergovernmental breakfast in Plano. The next meeting will be
held on October 16, 1993 at 7 : 30 a.m. at Trevor' s in Plano. Mayor
Kittoe appointed Pat Clark and Art Prochaska as Yorkville's
representatives on this committee.
COMMITTEE REPORTS
PUBLIC WORKS
Alderman Clark indicated that a meeting had not been held due to
Administrator Peck' s sick day. The next meeting will be held on
Monday, September 27, 1993 at 5 : 30 p.m.
A motion was made by Alderman Clark and seconded by Alderman
Stafford to approve the August, 1993 Water Department Report, the
August, 1993 Beecher Building Report, and the August, 1993 Building
Department Report as submitted. Motion carried 8-0 .
ECONOMIC DEVELOPMENT COMMITTEE -- No additional report. There are
two meeting scheduled, Thursday, September 30th and Thursday,
October 7th.
PUBLIC SAFETY COMMITTEE
Motion was made by Alderman Johnson and seconded by Alderman Jones
to approve the August, 1993 Monthly Activity Report, the August,
1993 Vehicle Usage Report, and the August, 1993 Arrest Report.
Motion carried 8-0 .
There were two ordinances tabled until the October 14th Council
Meeting. These were the Domestic Animal and the Air Gun
Ordinances .
Alderman Johnson reported that a discussion will be held at the
next school board meeting regarding an Intergovernmental Agreement
between the City and the Yorkville School District regarding the
School Liaison Police Officer Program and the school ' s payment of
$15,000 towards this effort.
On October 3, 1993 a pro-life demonstration will be held.
Also on October 3, 1993, a fund raiser will be held at the Moose
Lodge for the Police Department Equipment Fund. This will be from
8 a.m. to 11 : 30 a.m.
The next Public Safety Meeting will be held on September 24, 1993
at the City Hall at 4 : 30 p.m.
ADMINISTRATION COMMITTEE
Alderman Baird congratulated Ron Diederich of the Police Department
for being named a top gun at the recent FBI shoot-out.
RESOLUTION #93-14
A motion was made by Alderman Baird and seconded by Alderman
Stafford to pass the resolution authorizing two line item transfers
for the Yorkville Public Library Board.
•
City Council Minutes -- September 23, 1993 -- page 8
Clerk Allison called the roll :
Johnson - aye Jones - aye
Prochaska - aye Stafford - aye
Baird - aye Baker - aye
Callmer - aye Clark - aye
Motion carried 8-0 .
RESOLUTION #93-15
A motion was made by Alderman Baird and seconded by Alderman Baker
to pass the resolution authorizing one line item transfer for the
Yorkville Public Library Board in the amount of $100 .
Clerk Allison called the roll :
Prochaska - aye Stafford - aye
Baird - aye Baker - aye
Callmer - aye Clark - aye
Johnson - aye Jones - aye
Motion carried 8-0 .
Alderman Baird informed the council that a Library Finance
Committee meeting is scheduled for 9 a.m. Saturday morning.
The Administration Committee will meet at 7 : 00 p.m. at City Hall on
Monday, September 27, 1993 to discuss the City building project.
The department heads and committee chairman should submit a
synopsis of how the departments are adhering to the budget.
ADHOC / RECYCLING COMMITTEE
Alderman Clark informed the Council members of the recent meetings
held regarding the recycling program. The city will be offering a
Bin program. Negotiations will begin with TCD regarding the items
to be included in the recycling program.
The next meeting will be scheduled and the council will be
notified.
ADDITIONAL BUSINESS
Alderman Clark made a motion to authorize Don Peck permission to
sign the applications needed to receive the permits necessary for
the IDOT Right of Ways on the Cannonball Trail Project and the
Southwest Interceptor Project. Seconded by Alderman Prochaska.
Motion carried 8-0 .
'Alderman Jones thanked past-alderman Bown for the letter written to
the Kendall County Record regarding the Carstar PUD / Zoning issue.
Alderman Baird submitted a Certificate of Insurance received from
the Salvation to insurance representative, Alderman Baker for
review.
Alderman Baird questioned the street project and the Walter and
Olsen streets . These streets were marked as a "3" . The 4 's are
not yet done. These will not be completed until all 4 ' s are done.
Oswego Excavating should begin the Retention Pond in Wildwood soon.
The Van Emmon Street wall project will be completed this year as
planned.
ADJOURNMENT
A motion was made by Alderman Jones to adjourn the -eting at 9 : 30
p.m. Seconded by Alderman Baker. Motion carried., 1
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