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City Council Minutes 1993 07-22-93 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 JULY 22 , 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 PUBLIC HEARINGS Mayor Kittoe informed the Council and Public that any Public Hearings, Plan Commission information and Attorney' s report will be post-poned until Attorney Kramer arrives at the meeting. INTRODUCTION OF GUESTS Mayor Kittoe asked the guests present to state their names . MINUTES APPROVAL Alderman Johnson moved to waive the reading of the minutes from the July 8, 1993 regular council meeting and approve the minutes as presented. Seconded by Alderman Stafford. Motion carried. BILLS APPROVAL Alderman Baird moved to approve and pay bills as presented in the amount of $117 , 093 . 77 . Seconded by Alderman Clark. Clerk Allison called the roll : Baird - Aye Baker - Aye Callmer - Aye Clark - Aye Johnson - Aye Jones - Aye Prochaska - Aye Stafford - Aye The motion carried 8-0 . CITIZEN COMMENTS Nola Vollendorf questioned the status of PC 93-9 on John Conover. She stated that she had understood the Petitioner had withdrawn the request due to the Plan Commissions ' recommendation to Council to deny the Zoning change. Mrs . Vollendorf also questioned the City' s position on following recommendations of the Lannert Group. Mrs . Vollendorf was informed that the City would most likely follow what the Plan Commission and the Lannert Groups recommend, but ultimately the decision is the City Council ' s . Mr. Peter Malovich of Countryside Subdivision distributed a letter to Council regarding the Carstar / Dean Fisher building project. Mayor Kittoe indicated to all interested persons that there would be no decision made on this project tonight as the updated PUD agreement was just distributed to Council members and needed to be reviewed. Page 2 -- July 22, 1993 City Council Meeting Attorney T.J. Stiles informed the Council and interested Citizens that the Building Permit for the Carstar project is not issued by the Council and if the building plans meet code requirements, the City personnel can issue the permit. Mayor Kittoe asked all Citizens with questions regarding any Zoning or Annexation concerns please wait until Attorney Kramer has arrived at the meeting. Mayor Kittoe indicated that the Public Comments will be reopened upon Attorney Kramer' s arrival . Mary Ratos of Countryside Subdivision inquired about the Law Enforcement Jurisdiction along the creek located behind her home. She has indicated that there have been children discharging pellet guns along the creek. Chief Graff will contact Ms . Ratos regarding this matter to determine if it is City or County jurisdiction. Barb Johnson of Yorkville informed the Council that she is in favor of the proposed Tobacco Ordinance which is being reviewed by Council . Alderman Johnson indicated that this ordinance is to be reviewed at the next Public Safety Committee meeting and should then be brought up for vote at the August 12, 1993 Council meeting. Attorney Kramer indicated that the ordinances distributed at a prior meeting will be referred to during the appropriate Committee report. MAYORS REPORT -- No Report. CITY CLERK' S REPORT -- No Report. CITY TREASURER' S REPORT / Budget Officer' s Report Treasurer Huston informed the Council that the updated June Budget report was distributed this evening. Treasurer Huston also informed the Council that the payment of $2,278 . 10 to Verne and Inez Florence included some of the Kraber sewer damage. The bills actually paid from last council meeting totaled $61,858 . 74 down from $62,380 . 34 . A motion was made by Alderman Baird to amend the bill list of July 8, 1993 to $61,858 . 74 . Seconded by Alderman Stafford. 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 . CITY ADMINISTRATOR' S REPORT Administrator Peck informed the Council that the Public Works Committee has reviewed the information concerning the proposed storm sewer project on Orange Street and has recommended that the City approve the project. Alderman Clark made a motion to approve the storm drain project at Orange Street at a cost not to exceed $6,000 with the City's employees to complete the majority of the work. Seconded by Alderman Prochaska. 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 . Page 3 -- July 22, 1993 City Council Meeting Administrator Peck informed the Council that the Street Rehabilitation Program is underway. Peck also indicated that the top soil being removed has been utilized in the Prairie Park Subdivision. Administrator Peck indicated that the rock/dirt piles located near the post office will not be able to be used in the street project as originally planned. Peck indicated that there was too much soil in amongst the rock. Due to this, the bid for the street project will have a shortfall as it did not include additional rock. Administrator Peck informed the Council that the alcohol usage signs have been placed in the City Park located near Palmer Dam. KENDALL COUNTY ECONOMIC DEVELOPMENT COMMITTEE -- No Report. SCHOOL COMMUNITY REPORT The next School Board Meeting will be held on Monday, July 26, 1993 at 7 :30 p.m. OLD BUSINESS Alderman Prochaska asked Administrator Peck about the street light on Leisure Lane. This is not yet operable. Peck indicated he had contacted Com Ed and that they have not yet completed the necessary hook ups to the Leisure Lane or the Colonial Parkway street lights . Mayor Kittoe asked Administrator Peck to check out the three street lights that are remaining on 24 hours . All Alderman are asked to check out their Wards to see if other lights are remaining on during the daylight hours . This will be discussed further at the Public Works Committee meeting. Alderman Johnson informed the Council that he had spoken Mr. Dan Donahue, a representative from the State of Illinois, regarding the reapportionment. He stated that this can be done at the State of Illinois Building. Alderman Johnson will attempt to schedule a meeting at the same time the Alderman will be attending the Illinois Municipal League Conference in Chicago. A map of the Wards must be submitted to Mr. Donahue for that meeting. NEW BUSINESS Mayor Kittoe informed the Council that the City has received confirmation that the State has approved the $500,000 Grant requested by the City of Yorkville. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE ORDINANCE 93-16 Alderman Clark made a motion to approve Ordinance #93-16 Declaring Certain Weeds, etc. , a Nuisance, regulating the height thereof and prescribing penalties for failure to control . Seconded by Jones . Motion carried 8-0 . Alderman Baker has been discussing the need for a fence with the Sawmill owner. Attorney Kramer is to send the owner a letter informing him of the Ordinance requirements . Alderman Clark informed the Council that the home located on Mill Street will have the sidewalk put in. Also, the home located on East Fox Road will also be putting in the needed sidewalk. Page 4 -- July 22, 1993 City Council Meeting Administrator Peck indicated that billings will be going out to the homeowners for the sidewalks on Spring Street. The next Public Works Committee Meeting will be held on Monday, July 26, 1993 at 6 : 00 p.m. at City Hall . Alderman Clark made a motion to authorize the Behrens Bros . to complete the concrete curbing project for the downtown area at an estimated cost of $925 . Seconded by Alderman Baker. Clerk Allison called the role: Prochaska - Aye Stafford - Aye Baird - Aye Baker - Aye Callmer - Aye Clark - Aye Johnson - Aye Jones - Aye Motion carried 8-0 . Alderman Clark made a motion to authorize the Behrens Bros . to complete the concrete sidewalk project at a cost not to exceed $900 in Labor. Seconded by Alderman Prochaska. Clerk Allison called the role: Jones - Aye Prochaska - Aye Stafford - Aye Baird - Aye Baker - Aye Callmer - Aye Clark - Aye Johnson - Aye Motion carried 8-0 . Alderman Clark informed the Council that the Public Works Committee is recommending that the Southside of Wellhouse #3 have a cement curbing placed on the Southside and that the other three sides have a blacktop roll . Alderman Clark made a motion to authorize the Behrens Bros . to complete the concrete curbing on the southside of Wellhouse #3 at a price for labor not to exceed $900 . Seconded by Alderman Baker. Clerk Allison called the role: Stafford - Aye Baird - Aye Baker - Nay Callmer - Aye Clark - Aye Johnson - Aye Jones - Aye Prochaska - Aye Motion carried 7-1 . Alderman Clark made a motion to accept the June, 1993 Building Report, the June, 1993 Beecher Building Report, and the June, 1993 Water Department Report as presented. Seconded by Alderman Baker. Motion carried 8-0 . Alderman Callmer asked if the Beecher Building Report could be expanded to include Income versus Expense information. This will be researched by the Committee as there are some agreements in place from when the Building was turned over to the City. Administrator Peck informed the Council of his findings regarding the speed signs on East Main Street. He indicated that one additional sign will be placed near Sanders Court. Administrator Peck was asked to move the speed sign on Bristol Street near the Fox Valley Shopper further south on the road as it is too close to the intersection. The Pavia Marting Report has been distributed and will be reviewed at the next Public Works Committee meeting. Page 5 - July 22, 1993 City Council Meeting Alderman Prochaska questioned the billings to be sent to the Spring Street homeowners concerning the sidewalks . This will be taken to Committee prior to mailing any bills since these billings are very late in being sent and there were errors made when putting in the sidewalks . ECONOMIC DEVELOPMENT COMMITTEE Alderman Jones informed the Council that the Chamber of Commerce Breakfast meeting with the Lannert Group was well attended. A meeting is to be scheduled between the Chamber and the Lannert Group. Also, Alderman Jones will schedule a meeting for the Council, Plan Commission and Lannert Group to discuss the City' s goals and objectives . Alderman Jones indicated that the Chamber of Commerce will be pursuing the Street Light Program since there are existing conduits in the downtown area which will lower the installation costs . PUBLIC SAFETY COMMITTEE Alderman Johnson made a motion to accept the Vehicle Usage Report, the Arrest Report, and the Activity / Manhours Report for the month of June, 1993 . Seconded by Alderman Baker. Motion carried 8-0 . Alderman Johnson informed the Council that the next Public Safety Meeting will be held on Monday, August 9, 1993 at 5 : 00 p.m. At this meeting a discussion will be held concerning the proposed Tobacco Ordinance. A Neighborhood Watch Meeting will be held on Wednesday, July 28, 1993 at 7 : 00 p.m. at the Beecher Building. There will be 200 electric timers distributed to the attendees by Commonwealth Edison. Chief Graff indicated that the Codification Request has been mailed to Sterling Fortifiers . The next Public Safety Committee Meeting will be held on Monday, August 9 , 1993 at the Kendall County Safety Building. The members will be touring the facility. ADMINISTRATION COMMITTEE Alderman Baird informed the Council that a meeting is scheduled on July 27 , 1993 with Architect Scott Hill concerning the proposed building project. Alderman Baird met with Keith Wheeler concerning the systems review he is completing for the City. Mr. Wheeler indicated that he has met with several department heads and is continuing with his interviews . Alderman Baird has met with Jim Liggett of the Yorkville National Bank concerning the financing for the various City Projects . The bank has indicated that the interest rate will be approximately 5% . This is currently at or below the bond prices . Alderman Baird has discussed cost proposals with Pandolfi on the City' s budget information. A meeting is scheduled with the City Employees for Monday, July 26, 1993 at 2 : 30 to discuss the Personnel Policy Manual . The next Administration Committee meeting will be held on Monday, August 2 , 1993 at 7 : 00 p.m. at the City Hall . Page 6 - July 22, 1993 City Council Meeting ADHOC / RECYCLING COMMITTEE The next Adhoc / Recycling meeting will be held on Monday, August 26 , 1993 at 5 : 00 p.m. at the City Hall . At this meeting a company will be selected to handle the City' s recycling needs . Alderman Callmer made a motion to take a 10 minute recess . Seconded by Alderman Jones . Motion carried 8-0 . PLAN COMMISSION / ZONING BOARD OF APPEALS Attorney Kramer informed the Council and interested Citizens that there will be no action taken on the John Conover request (PC93-7) and the Gary Conover request (PC93-9) at this time. The Plan Commission did not recommend the approval of the rezoning on parcel PC93-7 . Therefore, the petitioner will need to present a new request to the City Council . An Economic Development Committee meeting will be scheduled for Thursday, July 29, 1993 to discuss the following items : 6 : 00 p.m. Diehl property annex/rezone (PC 93-5) 7 : 00 p.m. Jack Purcell rezone request (PC93-12) 7 : 30 p.m. Dean Fisher/Carstar PUD (PC 92-5) Also to be discussed that evening will be PC93-1 the Morgan Street Elevator PUD Attorney Kramer indicated that no action will be taken on these projects until after the Committee meeting to be held on August 29, 1993 . The City Council may be voting on the above named projects at the next regular Council meeting on August 12, 1993 . Dr. Roger Hatcher questioned the issuance of a building permit on the Carstar project prior to the PUD being approved. Attorney Kramer indicated that all plans have been received and that the Public Works Committee has reviewed the plans but they are still to be reviewed by the Economic Development Committee. The Continuation of the Public Hearing on the Gail Fisher annexation and rezoning request will be republished. This will be held at 7 p.m. on August 12, 1993 . Attorney Kramer informed the Council that although the Council had voted to annex the Jack Kane property (PC93-6A) , ordinances authorizing the annexation have not been completed. jr/ ORDINANCE 1993-W / ORDINANCE 1993- Alderman Jones made a motion to authorize the Mayor and City Clerk to sign the Ordinances annexing the properties to the City of Yorkville. Seconded by -$1de nan , allmer. Motion carried 8-0 . J �{ 1AJ PUBLIC HEARING PC93-11 Alderman Johnson made a motion to proceed into Public Hearing on the Clarence Holdiman / Sharon Bazan request PC93-11 . Request is to annex and rezone from Kendall County Ag to City B-3 . Property is located on the east side of Route 47 and between Kennedy Road and Countryside Parkway. Mayor Kittoe asked for questions or comments during the Public Hearing. No comments were raised. A motion was made by Alderman Jones to close the Public Hearing and move back into regular Council meeting. Seconded by Alderman Prochaska. Motion carried 8-0 . Page 7 - July 22, 1993 City Council Meeting I9 cK) ORDINANCE 93 / ORDINANCE 93-a Alderman Jones made a motion authorize the Mayor and City Clerk to annex and rezone the Holdiman / Bazan property (PC93-11) to the City of Yorkville. Seconded by Alderman Baird. Motion carried 8-0 Alderman Jones made a motion to authorize the Mayor and City Clerk to sign the Annexation Agreements for the Hoidiman / Bazan property (PC93-11) . Seconded by Alderman Baker. Motion carried 8-0 . ATTORNEY' S REPORT Attorney Kramer informed the Council that he has received the letter from Commonwealth Edison regarding the Claim Refund. Alderman Baird made a motion to authorize the Mayor to sign the Commonwealth Edison Extension Claim Period on Refund of $4, 156 . 10 agreement. Seconded by Alderman Johnson. 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 . ADDITIONAL BUSINESS Discussion was held concerning the Amoco building located on Route 47 . The owners have been contacted regarding clean up. There is still a lease on this building to Amoco. Also discussed was the sidewalks on Junior Horton' s property on River and King Streets . The City requires Mr. Horton to put in sidewalks . He will be contacted again as this has not yet been completed. EXECUTIVE SESSION A motion was made by Alderman Baker to go into Executive Session at 9 : 30 p.m. to discuss personnel matters and litigation. Seconded by Alderman Jones . Clerk Allison called the role: Johnson - Aye Jones - Aye Prochaska - Aye Stafford - Aye Baird - Aye Baker - Aye Callmer - Aye Clark - Aye Motion carried 8-0 . Alderman Baird made a motion to move out of Executive Session at 10 :40 p.m. Seconded by Alderman Jones . 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 . A motion was made by Alderman Johnson to move back into regular session. Seconded by Alderman Prochaska. Motion carried 8-0 . ADJOURNMENT Alderman Clark made a motion to adjourn at 10 :43 p.m. Seconded by Alderman Baker. Motion carried 8-0 . r , BY: moo. ' k` L ! :d (Ja •u=, ine S. A lison Cit Clerk