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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 By: 'm Qc C� IIIv'que ne S. A li on it)y Clerk ) . C.0 v _.0_, .___,0 49 .,..--- [2 ---- .1)e/Ck C0\/\r .. / .. 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