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City Council Minutes 1993 02-11-93 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 FEBRUARY 11 , 1993 . Mayor Kittoe called the meeting to order at 7 : 00 p.m. and led the Council in the Pledge of Allegiance . Clerk Albin called the roll : ROLL CALL Ward 1 - Baird - Present Jahp - Present Ward 2 - Fey - Present Clark - Present Ward 3 - Jones - Present (arrived at 7 : 30 p.m. ) Pfister - Present Ward 4 - Johnson - Present Bown - Present A quorum was established . QUORUM Alderman Bown moved to go into Public Hearing ADJOURN INTO PUB. at 7 : 05 p.m. to discuss the annexation of Wrigley HEARINGS (PC93-2 ) , and to discuss the Zeiter-Dickson variance request (CC93-1 ) , seconded by Alderman Jahp. Motion carried . ****************************************************************** The first Public Hearing is for PC93-2 , the annexation PC93-2 and rezoning for Wrigley property. Alderman Bown reported that the Plan Commission has reviewed this and recommends approval . Alderman Pfister explained that he has some concern regarding language in the annexation Ordinance which has been prepared . He explained that he felt the word "no" on page 2 , section 2a , regarding the recapture, should be deleted . Alderman Baird explained that this issue has already been discussed, and agreed upon by all parties involved . Alderman Pfister expressed concern that this could be precedent setting . Mayor Kittoe noted that on page 4 paragraph E the word "other" should be deleted . Alderman Bown asked if there were any further comments regarding this . Arthur Prochaska Jr . , a citizen, commented that as far as precedent setting is concerned that this issue could have an impact on negotiations between the City and businesses interest in locating in the City. He commented that he feels the City has an obligation to "live up to" what has been agreed upon in negotiations . Mayor Kittoe reported that he will get with Attorney Kramer regarding the deletion of the word "no" on page 2 , section 2a . Mayor Kittoe also commented that copies of this annextion Ordinance were distributed two weeks ago, and he asked that anyone with any questions or concerns regarding this Ordinance to let Attorney Kramer know before tonight ' s meeting. Alderman Baird set an Annexation meeting for Tuesday, February 16 , to further discuss this . The seconded Public Hearing to be heard was for CC93-1 CC93-1 a variance request for Zeiter-Dickson . Alderman Bown explained that this is for a variance for parking . Joe Ottosen of Zeiter-Dickson explained what they are requesting . They would like to have an 88 foot curb cut in front of the entrance of their new building . He • explained that this would be used for customer parking, and there would be a separate parking for for employees . He also noted that there would be one handicapped parking space included in the parking area in front . The 88 foot cut would allow for 9 total parking spaces . Alderman Jahp expressed concern that someone might be walking on the sidewalk, and that it could create a safety hazard with the cars backing out . Alderman Bown expressed concern with cars backing out into traffic . Alderman Bown asked if there were any further comments regarding this , and Mayor Kittoe read a letter from John and Irene Carris . Page 2 February 11 , 1993 The Carris ' s felt that by allowing this variance it would create a hazardous situation, and that it could become precedent setting, should it be allowed. Mayor Kittoe gave the letter to Clerk Albin, and requested she file it with the variance request . Alderman Clark questioned why this variance request wasn ' t referred to the Zoning Board of Appeals first . Alderman Bown explained that because of the amount of variance being requested is greater than the ZBA can approve . Clerk Albin explained that Attorney Kramer was consulted regarding this request for variance, and he advised that this request should go before the City Council for approval . Alderman Jahp suggested that Zeiter-Dickson look into an alternate plan, and suggested that they could possible curve the sidewalk up and around, so that would eliminate backing up over the sidewalk. Chief Graff adressed this concern, commenting that statistically this is not a hazard , but it is a perceived hazard . He feels that as long as the area is well lit , has no shrubbery, or obstructions this plan would be alright from a police standpoint . Since there were no further comments , Alderman Bown moved to adjourn from the Public Hearings , and resume normal Council meeting, seconded by Alderman Pfister . ******************************************************************** Mayor Kittoe reported that the minutes from the MINUTES APPROVAL January 28 meeting have an error that needs to be corrected . He stated that on the front page, where it is stated that the "Amurol Public Hearing has been postponed until February 20" the date should have been February 11 , 1993. Alderman Johnson moved to approve the minutes from the January 28 , 1993 with the noted correction in date from February 20 to February 11 . Alderman Jahp seconded the motion . Motion carried. Mayor Kittoe asked for introduction of guests . GUEST INTRODUCTION Bob Wenman, Justine Jahp, Arthur Prochaska , Jack Magnuson, Shorty Dickson, Joel Ottosen, Jeff Baker , and members of the Press . Alderman Bown moved that the bills be approved BILLS APPROVAL as presented , seconded by Alderman Pfister . Clerk Albin called the roll : Jahp - Aye Johnson - Aye Bown - Aye Baird - Aye Jones - Aye Clark - Aye Pfister - Aye Motion carried . (Alderman Fey was not present for the vote as he was called away from the meeting from his employer, and would be unable to return. ) There were no citizen comments . CITIZEN COMMENTS PLAN COMMISSION/ZONING BOARD OF APPEALS - Alderman Bown reported that the next Plan Commission meeting is set for February 17 at 7 : 00 p.m. The three items on the agenda are : Wrigley (annex. and rezone) on the north side of Cannonball Trail , east of Route 47, Morgan St . Elevator for further discussion, and Pavillion Hills (review of subdivision for County in the 12 mile range of City limits) . Alderman Bown moved to refer these three items to Plan Commission for their recommendation on Feb. 17. Alderman Clark seconded the motion. Motion carried . Page 3 February 11 , 1993 Alderman Bown moved to approve the Zeiter-Dickson CC93-1 variance request (CC93-1 ) as presented to Council , seconded by Alderman Pfister . Clerk Albin called the roll : Jones - Aye Bown - Aye Pfister - Aye Clark - Nay Johnson - Nay Baird - Nay Jahp - Nay The acting Attorney reported that Mayor Kittoe must vote also. Mayor Kittoe - Aye. The vote resulted in a tie . Alderman Bown moved to refer the variance request to the ZBA for their input , seconded by Alderman Johnson, Clerk Albin called the roll : Pfister - Nay Bown - Nay Clark - Aye Jones - Aye Baird - Nay Johnson - Aye Jahp- Nay Mayor Kittoe - Nay. Motion defeated . Alderman Baird moved to have Zeiter-Dickson come to Committee next week, seconded by Alderman Pfister . Alderman Jahp amended the motion that Zeiter-Dickson has the option of either bringing back another plan, or if they don ' t wish to do that , then this variance request will go before the ZBA . Alderman Jones seconded the motion. Clerk Albin called roll for the amended motion: Johnson - Aye Jahp - Aye Pfister - Nay Jones - Aye Clark - Aye Bown - Aye Baird - Aye Amended motion carried . Clerk Albin called roll on the original motion: Jahp - Nay Bown - Aye Clark - Nay Johnson - Nay Pfister - Aye Baird - Aye Jones - Nay Mayor Kittoe voted - Aye . Vote resulted in a tie . Mayor Kittoe explained that Zeiter-Dickson either return to Committee next week with a revised plan, or have Clerk Albin set a meeting for them with the ZBA. Alderman Bown moved to approve the Annexation PC93-2 Agreement for Wrigley as it is written, seconded by Alderman Baird . Clerk Albin called the roll : Baird - Aye Jones - Aye Clark - Aye Jahp - Aye Pfister - Aye Bown - Aye Johnson - Aye Motion carried . Alderman Bown moved to authorize the execution of the Annexation Agreement to the City Attorney and the Mayor, seconded by Alderman Jahp. Clerk Albin called the roll : Bown - Aye Baird - Aye Johnson - Aye Clark - Aye Pfister - Aye Jones - Aye Jahp - Aye Motion carried . Alderman Bown moved to approve the Ordinance asking the petitioners to automatically annex when they become contiguous , seconded by Alderman Jahp. Motion carried , with Alderman Pfister voting Nay. ATTORNEY ' S REPORT - No report . MAYOR ' S REPORT - Mayor Kittoe reported that he would be swearing in Robert Wenman as part-time police officer . Page 4 February 11 , 1993 Alderman Baird moved to appoint Robert S . Wenman WENMAN APPOINTED to the position of part-time police officer . P/T POLICE OFFIC Alderman Clark seconded the motion. Motion carried . Mayor Kittoe swore Robert S . Wenman in. Mayor Kittoe also requested that a motion be "NO SMOKING" ORD. made in regards to "No Smoking" in any City TO BE DRAFTED Buildings . Alderman Baird moved to have Atty. Kramer draft an Ordinance for "No Smoking in City Buildings" , seconded by Alderman Clark. Alderman Baird amended the motion to include a designated smoking area for employees at the supervisor ' s discretion, seconded by Alderman Pfister . Clerk Albin called roll for the amendment : Jones - Nay Bown - Nay Pfister - Nay Clark - Nay Johnson - Nay Baird - Aye Jahp - Nay Amendment defeated . Clerk Albin called roll for orginal motion. Clark - Aye Jones - Aye Bown - Aye Pfister - Aye Johnson - Aye Jahp - Aye Baird - Aye Motion carried . CITY CLERK 'S REPORT - No report . CITY TREASURER/BUDGET OFFICER ' S REPORT - Treasurer Huston reported that he passed out a budget report for January and an treasurer ' s report . Alderman Baird moved to accept the Resolution CHECKING ACCT. creating a checking account for the Park Board , PARK BOARD seconded by Alderman Jones . Clerk Albin called RESOLUTION 1993-1 the roll : Pfister - Aye Bown - Aye Clark - Aye Jones - Aye Baird - Aye Johnson - Aye Jahp - Nay Motion carried . Administrator Peck reported that the check for Richardson-Mueller in the amount of $44 , 171 . 33 needs to be voided, and a check in the correct amount for $8 , 274 .00 needs to be issued . Alderman Pfister moved to authorize the correction to be made, seconded by Alderman Johnson . Clerk Albin called the roll : Jahp - Aye Bown - Aye Clark - Aye Johnson -Aye Pfister - Aye Jones - Aye Baird - Aye Motion carried . Alderman Pfister questioned what was going to be done with the Water Bonds , and commented that the City has more on reserve than what is owed . Alderman Pfister moved to retire the bonds in the amount of $60 ,000 .00 , seconded by Alderman Baird . Alderman Pfister amended the motion to include that this action is taken per the City Attorney ' s approval , seconded by Alderman Baird . Clerk Albin called roll on the amendment : Baird - Aye Jones - Aye Clark - Aye Jahp - Aye Pfister - Aye Bown - Aye Johnson - Aye Clerk Albin called roll on the original motion. Johnson - Nay Jahp - Aye Pfister - Aye Jones - Aye Baird - Aye Clark - Nay Bown- Aye Motion narriPe3 _ Page 5 February 11 , 1993 CITY ADMINISTRATOR ' S REPORT - Administrator Peck reported that he needed approval for the park maintenance equipment he requested . Alderman Clark moved to purchase park maintenance equipment in the amount of $6 , 228 .00 , seconded by Alderman Johnson. Clerk Albin called the roll : Bown - Aye Baird - Aye Johnson - Aye Clark - Aye Pfister - Aye Jones - Aye Jahp - Aye Motion carried . Administrator Peck reported that the next item was for the fence around the south side booster pump station for $2 , 304 .00 . Alderman Bown moved to approve the expenditure of $2 , 304.00 for the fence, seconded by Alderman Jones . Clerk Albin called the roll : Bown - Aye Pfister - Aye Jones - Aye Clark - Aye Johnson - Aye Jahp - Aye Baird - Aye Motion carried. Administrator Peck reported that he need approval for purchase of an emergency generator in the amount of $2 ,069 . 71 . Alderman Pfister moved to approve the purchase of an emergency generator in the amount of $2 ,069 . 71 , seconded by Alderman Bown. Clerk Albin called the roll : Jahp - Aye Johnson - Aye Bown - Aye Baird - Aye Jones - Aye Pfister - Aye Clark - Aye Motion carried . Administrator Peck reported that he went to talk to Sidwell regarding the topographical maps , and found that the new price was adjusted to $5, 920 .00 which was lower than the original price . WATER REPORT - Alderman Baird moved to approve WATER REPORT the water report, seconded by Alderman Pfister. Motion carried . POLICE DEPARTMENT REPORT - No report . BUILDING DEPARTMENT REPORT - Alderman Baird BLDG. DEPT. REPORT moved to approve the Building Dept . Report , seconded ';'y Alderman. Clark. Motion carried . BEECHER BUILDING REPORT - Alderman Bown moved BEECHER BLDG .REPOR7 to approve the Beecher Building Report, seconded by Alderman Pfister. Motion carried . PARK BOARD REPORT - Alderman Baird reported that at last night ' s meeting of the Park Board they presented their proposed budget for 1993-94 and Alderman Baird will be presenting that at the Finance Committee . KENDALL COUNTY ECONOMIC DEVELOPMENT - Mayor Kittoe reported that National Tractor Parts was approved to go before the County for their loan . SCHOOL COMMUNITY REPORT - No report . OLD BUSINESS - No report . NEW BUSINESS - No report . Page 6 February 11 , 1993 **********************COMMITTEE REPORTS************************** FINANCE - Alderman Jahp reported that the Finance Committee will have a meeting February 15 at 6 : 30 p.m. at City Hall . PERSONNEL - Alderman Baird reported that there will be a meeting with the command people next Monday night , February 15 . PUBLIC RELATIONS - No report . BUILDING,ZONING AND ANNEXATION/FUTURE PLANNING - Alderman Bown reported that the Ordinances will be forwarded to the people doing the codification. He reported that there will be some additional cost for bringing everything up to date . Alderman Baird set February 17 at 5 :00 p.m. for an annexation meeting. Mayor Kittoe reported that on February 24 at 6 :00 p.m. there will be a meeting with Oswego officials regarding the boundaries ,to be held at the Williamsburg Inn. Mayor Kittoe reported that Alderman Clark and himself attended a homeowner ' s association meeting with the residents of Willowbrook and they expressed their desire to be annexed into Yorkville . There will be another meeting the first week of March. PUBLIC PROPERTY AND BUILDINGS - No report . WATER REPORT - No report . SEWER - Alderman Jones reported on some sewage issues that will be brought back to Committee . STREETS AND ALLEYS - No report . POLICE - Chief Graff reported that he spent $600 .00 for ransmission repairs for a squad . HEALTH, SANITATION AND WASTE MANAGEMENT - Alderman Johnson reported that he would like representatives from TCD to attend the next Committee meeting regarding a recycling program for the City. Mayor Kittoe informed Alderman Johnson to let the representatives come to next Committee at 7 :00 p.m. YORKVILLE BUSINESS AND ECONOMIC DEVELOPMENT - No report . CITY BUILDING AD HOC - Alderman Pfister reported that the next meeting will be Saturday, February 13 at 9 : 00 a .m. at 610 Tower Lane . SCHOOL BOARD REPRESENTATIVE - Alderman Johnson reported that Dave Dockstader gave a presentation for the concession stand and restrooms to be shared with the Park Board and school at the last school board meeting, and approval was given to go ahead with fund-raising efforts . Alderman Johnson reported that the School Board would like to go to a one-tier bus system. There will be a Public Hearing at the High School on February 22 at 7 :00 p.m. Dr . Engler would like the support of the City Council , and it was agreed upon that Dr . Engler would attend the next Committee meeting, at 7 : 30 p.m. YBSD REPRESENTATIVE - Alderman Pfister reported that the next meeting will be February 22 at 5 :00 p.m. LIBRARY BOARD REPRESENTATIVE - No report . PARK BOARD REPRESENTATIVE- No report . CHAMBER OF COMMERCE REPRESENTATIVE - Alderman Baird reported the After Hours will be held February 16 at the Williamsburg of c .nn r - Page 7 February 11 , 1993 ADDITIONAL BUSINESS - Alderman Bown moved to approve PC92-5 the site plan and landscaping for Dean Fisher as presented (PC92-5 ) , the site plan for Midas , and landscaping for the whole property. Alderman Baird seconded the motion. Clerk Albin called the roll : Jahp - Aye Bown - Aye Clark - Aye Johnson - Nay Pfister - Aye Jones - Aye Baird - Aye Motion carried . ADJOURNMENT - Alderman Pfister moved to adjourn, seconded by Alderman Johnson. Meeting adjourned at 9 : 20 p.m. Cheryl A. Albin, City Clerk