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City Council Minutes 1992 01-23-92 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 JANUARY 23 , 1992 . Clerk Albin called the meeting to order at 7 : 30 p.m. and led the Council in the Pledge of Allegiance . At this time Clerk Albin requested that a Mayor pro- MAYOR PRO TEM tem be selected as Mayor Kittoe was not present . SELECTED Alderman Pfister moved that Alderman Fey be the Mayor pro tem for the evening of January 23 , 1992 . Alderman Jahp seconded the motion . Motion carried . Clerk Albin called the roll : ROLL CALL Ward 1 - Baird - Present Jahp - Present Ward 2 - Fey - Present Clark - Present Ward 3 - Jones - Absent (arrived at 7 : 32 p.m. ) Pfister - Present Ward 4 - Fahrlander - Present Bown - Absent A quorum was established . QUORUM Guests were introduced : Tim McElvain, Robin GUEST INTRO . Napalitano, Gerald Lynch, and members of the press . Also present for the Public Hearing PC92-1 (Ament ) was : Robert Ament , Fred Dickson, Jeff and Sandra Spang, Leonard Stoecker , Richard and Leona Olson, Robert and Kathy Hattan, Bud and Char Leedy, Robert and D. Van Parys , and Larry Greiter . Tom Grant representing Gerald Lynch. At this time Alderman Pfister moved to adjourn ADJOURN INTO the regular Council meeting and go into the PUBLIC HEARING Public Hearing scheduled for this evening . PC92-1 (Ament , Alderman Jahp seconded the motion . Motion carried . PUBLIC HEARING MINUTES (PC92-1 ) Mayor Fey pro tem opened the Public Hearing and explained the the petition is for a variance request of lots #2 and #7 of Block 10 of W.H. Hopkin ' s Addition to Yorkville . Mayor Fey pro tem asked if the public had any in-put regarding this petition. Attorney Fred Dickson representing J . Robert Ament who owns lot #2 . Attorney Dickson explained that there are two issues being petitioned for . The first being a variance request for lots #2 and #7 , and also the re- platting of this subdivision. Attorney Dickson said that the owners of lots #1-#8 have all signed a re-plat of the subdivision after Ament sold a home on lot #7 to the Van Parys and the surveyor staked out the lot . After the lot was surveyed the neighbors disagreed as to where the lot lines were and and subsequently there was a re-plat done to establish the lot lines as close as possible to the point each owner thought they existed . Attorney Dickson explained that the size of lots #1-#8 are zoned R-2 and that they are all 66 feet wide varying in depth from 138 .4 to 131 feet , which makes them substandard in size by today ' s zoning ordinance which requires 12 ,000 square feet minimum. His petitioner , Robert Ament would like to have a house built on lot #2 but the size of the lot is substandard , so he is asking for a variance. Page 2 January 23 , 1992 Attorney Leonard Stoecker representing the Hattan, Leedys , Olsons and Spangs explained that lots #2 and #7 were recorded in May of 1977 as a single parcel and when Ament sold the house on lot #7 it was split into two separate lots (#2 and #7 ) . Attorney Stoecker also commented on the fact that lot #2 is some 2 ,000 square feet smaller than the minimum requirement for lot size according the the City ' s Zoning Ordinance , and he feels that this matter should have been heard before the Zoning Board of Appeals . He said that the main objection is that lot #2 has always been a vacant lot and even though a re-plat has been done splitting lots #2 and #7 the size of lot #2 is substandard and non-conforming with the current zoning ordinance . Attorney Dickson responded to Attorney Stoecker be stating that even when combined lots #2 and #7 were non-conforming by the current zoning ordinance because of the width requirements . Attorney Dickson also informed Attorney Stoekcer that he spoken to City Attorney Kramer regarding this petition and Attorney Kramer informed him that because this petition involved more than a 25% variance request that this matter would not go before the Zoning Board of Appeals and should go directly to the Council . At this time Mrs . Char Leedy commented that when she and her husband purchased their home in May of 1989 they were concerned that the back of their home was ten feet away from the property line of lot #2 , but their realtor assured them that lot #2 was non-buildable and also John Schneider informed them the lot was non-buildable . Mr . Spang informed Council that he has learned that the property he lives on has a continuous chain of title from 1888 when it was originally platted without any new divisions to it and he feels that it would dilute his title by signing the re-plat , so at this point he asked to have his signature removed from the re-plat . He said that at the time he signed the re-plat he felt that it would be a more equitable way of settling the line disputes without going to court . Attorney Dickson commented that when everyone on that block purchased their homes they knew that the lots sizes were sub-standard but they bought them anyway and he feels that if Mr . Ament wants to build a house on lot #2 it should be allowed . Mr . Van Parys questioned if Mr . Ament ' s petition is denied then what would happen to him (Van Parys ) if his house was to be partially destroyed and he would need a variance to re-build or to sell his home . Mr . Van Parys questioned whether a precedent had been set regarding something of this nature . Alderman Pfister commented that a precedence has been set , and that the issue here is different in that there is already a home on lot #7 , and lot #2 is vacant . Alderman Clark moved to adjourn from the Public Hearing PC92-1 and return to normal Council meeting. Alderman Pfister seconded the motion. Motion carried . Page 4 January 23L 1992 ATTORNEY ' S REPORT - Attorney McCann said there is no report . At this time-Administrator Peck PC92-1 (RE-PLAT) informed Council that the Plan Commission had approved the re-plat of W.H. Hopkin ' s Addition to Yorkville, Block 10 . Alderman Baird moved that the re-plat be approved . Alderman Pfister seconded the motion, and Clerk Albin called the roll : Baird - Nay Jones - Nay Pfister - Nay Jahp - Nay Clark - Nay Fahrlander - Nay Motion not carried . At this time Administrator Peck questioned what effect this will have on the Van Parys ' . Attorney McCann said that this is not for the Council to determine . Mrs . Van Parys expressed concern that the re-plat was not approved as she still doesn ' t know where her property lines are . Mayor Fey pro tem told her that this is not the Council ' s obligation to determine where the lines are drawn. Mayor Fey pro tem suggested that everyone living on that block get together and come up with something everyone can agree on. MAYOR ' S REPORT - Mayor Fey pro tem said that he has no report . CITY CLERK ' S REPORT - No report . CITY TREASURER ' S REPORT - Budget Officer Drew reported that everyone should have received their December budget report . CITY ADMINISTRATOR ' S REPORT - Administrator Peck reported that an ordinance has been prepared regarding the recapture agreement between Pride and the City of Yorkville . Alderman Baird moved to approve the ordinance for the recapture agreement with Pride and the City, seconded by Alderman Jones . At this time Alderman Jones motioned to PC92-1 TABLED table the request for variance (PC92-1 ) , seconded by Alderman Clark. PARK BOARD - No report . KENDALL COUNTY ECONOMIC DEVELOPMENT REPORT - Mayor Fey pro tem reported that at the last meeting they went over the new budget , dis- cussed the fact that a loan is in arrears and the director is working on this . Mayor Fey pro tem also reported that they voted to renew the certificates of deposits at the Yorkville National Bank for a six month period , even though the interest rates are a little less , it is more convenient . The next meeting will be February 18 at 7 :00 p.m. at the Kendall County Office Building. SCHOOL COMMUNITY - Alderman Clark reminded everyone of the January 28 joint meeting with the school district, with a presentation to be given by the Parkview Task Force . OLD BUSINESS - Nothing new. Page 5 January 23 , 1992 NEW BUSINESS - Alderman Jones passed out information regarding a not-for-profit business that will be starting up soon called HALT which stands for hungry, angry, lonely and tired , and it will deal with help for substance abuse . This business is currently in the process of registering with the Illinois Department of Revenue, and they will be seeking out donations to make their $350 .00 a month rent . ************************COMMITTEE REPORTS*************************** ANNEXATIONS - Mayor Fey pro tem had no report . FINANCE - Alderman Jahp reported that Pandolfi will be here on February 6 at 7 : 30 p.m. to go over the audit and he encouraged everyone to attend . NEGOTATIONS - Mayor Fey pro tem reported that the next meeting will be Monday , January 27 at 4 :00 p.m. PUBLIC RELATIONS - Administrator Peck once again reminded everyone of the joint meeting between the school district and Council and encouraged everyone to attend as he feels it will be very beneficial . WATER - Administrator Peck reported on the WELL #3 status of Well #3 and said that the sand-filter and piping have been ordered for Well #3 , the cost for piping will be $2 ,420 . 00 and $5 ,420 .00 for the sand separator . Alderman Pfister commented that Administrator Peck has been doing a good job handling the problem with Well #3 . BUILDING & ZONING/FUTURE PLANNING - No report . STREETS AND ALLEYS - Mayor Fey pro tem inquired about the status of the traffic light downtown . Administrator Peck reported that the loop on the west side of Route 47 failed, and the asphalt will have to be re-habbed to put in a smaller loop. Alderman Clark asked Administrator Peck if he had looked into Mayor Fey pro teen ' s request regarding why certain roads were chose- to be posted . Administrator Peck replied that- the design for McHugh St . was for secondary road so the possibility that it could be opened up, so that it does not have to be posted . Administrator Peck suggested that this be discussed further at Committee . Administrator Peck also reported that a Mr . LeChance representing "several" of his neighbors came and talked to Administrator Peck regarding the use of chips on the road, and Mr . LeChance said that the neighbors and himself would prefer the use of salt only. Administrator Peck told him that if salt was used it rusts vehicles , is costlier and it does not provide traction for vehicles , whereas the chips do provide traction. It is Administrator Peck ' s recommendation that the chips and salt method is safer for the health and well-being of the citizens of this community and the chip and salt method will continue . Administrator Peck reported that he is looking into a corn-compound which is supposed to be ten times better than salt , with alot less of the side-effects of salt . Page 6 January 23L 1992 SEWERS - Administrator Peck reported that REVOLVING LOAN STATUS he has checked with Charlie Van Volkenburg regarding the revolving loan status and found that the status has not changed . Administrator Peck is also sending a letter to Mr . Van Volkenburg with a certified copy of the Mayor ' s authorization to sign this agreement . The letter requests that a rank and priority number be given to this request . Administrator Peck is also sending a copy of the "Resident Engineer ' s Agreement" which is in compliance with the IEPA ' s recommendations . Alderman Pfister suggested that a representative from Baxter and Woodman be present at the next committee meeting regarding this matter. POLICE - No report . Alderman Clark asked that a Police Report be added to every agenda on the front page . HEALTH AND SANITATION/UTILITIES - ELEVATOR RAT PROBLEM Alderman Pfister questioned if the rat problem had been taken care of at the site of the old elevator . Administrator Peck reported that there is now a problem with odor because of the corn that is still smoldering. Administrator Peck suggested that maybe some farmers could come in and haul the corn away and dump in their fields as fertilizer . Administrator Peck said that the owners of the elevator have been contacted . Police Chief Graff reported that he has talked to the contractor there and they have not seen evidence of rats . PUBLIC PROPERTY - No report . YORKVILLE BUSINESS AND ECONOMIC DEVELOPMENT - No report . WASTE MANAGEMENT REPRESENTATIVE - Alderman Clark reported that a Public Hearing was held on January 22 , 1992 for the first phase of a proposal they have to complete . They will starting on the second phase in February. Alderman Pfister commented that he visited the compost facility on Fabyan Parkway and was impressed with the operation and found very little odor . Alderman Clark suggested that public information sessions be held regarding the proposed "Blue Bag" program. Administrator Peck said that he will contact TCD and have TCD to do the presentation. Mayor Fey pro tem said that this should be purely informational as the Council should neither condone or condemn this proposal . YSBD REPRESENTATIVE - Alderman Pfister reported that the next meeting will be February 16 , 1992 . LIBRARY BOARD REPRESENTATIVE - Alderman Jahp reported that at the last meeting held January 13 , 1992 the Library Board discussed the possibility of securing a Project Plus Grant . Page 3 January 23 , 1992 RESUMPTION OF REGULAR CITY COUNCIL MEETING . Alderman Pfister moved to waive the reading MINUTES APPROVAL of the minutes from the January 9 , 1992 City Council meeting and approve them as presented , seconded by Alderman Jahp. Motion carried . Alderman Clark questioned if there is BILLS APPROVAL a policy regarding the purchase of coffee and water for the police department as she would like to see it stopped . She said she would like to discuss this at Committee . Alderman Baird questioned the Layne Western bill and asked if the well was operable. Administrator Peck informed him that he has ordered a sand separator and materials for the well at the City ' s expense , but he said this is the second time he has presented the Layne Western bill , and he recommends that it be paid . Adminstrator Peck feels that the well is operable and Layne Western has done the majority of the work the bill is for . Alderman Pfister moved to approved the amended bill lis and pay them as presented , seconded by Alderman Baird . Clerk Albin called the roll : Pfister - Aye Clark - Aye Jones - Aye Fahrlander - Abstain Jahp - Aye Baird - Aye Motion carried with 5 Ayes and 1 Abstention. There were no citizen comments . CITIZEN COMMENTS PLAN COMMISSION/ZONING BOARD OF APPEALS PC91-12 (ROLLING HTS ) Administrator Peck reported that the final plat of Rolling Heights Subdivision was at the last Plan Commission meeting and he said that all necessary changes and conditions regarding approval of this have been met . Alderman Baird moved to approve the final plat of Rolling Heights Subdivision, PC91-12 ) , seconded by Alderman Jahp. Motion carried . At this time Administrator Peck said that the motion need to be amended to reflect that the plat cannot be signed until the annexation exhibit is recorded . He said it will done when the exhibit is furnished to him and that will be shortly. Alderman Jahp moved to amend the motion to include what Administrator Peck said . Alderman Baird seconded the motion. Motion carried . Adminstrator Peck said that the Plan PC91-20 (B & B) Commission recommended approval of the Bed and Breakfast special use at 507 W. Ridge St . Attorney Tom Grant representing the petitioner informed Council that the request for re-zoning has been dropped and they are only asking for the Special Use provision for the property. Alderman Baird moved to approve the Special Use for the Bed and Breakfast , (PC91-20) be approved . Alderman Pfister seconded the motion. Clerk Albin called the roll : Jones - Aye Pfister - Aye Jahp - Aye Baird - Aye Fahrlander - Aye Clark - Aye Motion carried . Page 7 January 23 , 1992 Alderman Jahp moved to have a letter of support from the City sent to the Library Board regarding the Project Plus Grant , seconded by Alderman Clark. Alderman Jahp then asked for an amendment to his motion to have a formal resolution instead of a letter, seconded by Alderman Clark. Clerk Albin called the roll : Pfister - Aye Jones - Aye Baird - Aye Fahrlander - Aye Jahp - Aye Clark - Aye Motion carried . Alderman Jahp reported that the next meeting is scheduled for February 10 , 1992 . PARK BOARD REPRESENTATIVE - No report . CHAMBER OF COMMERCE REPRESENTATIVE - Alderman Baird reported that Chief of Police Graff and himself attended the Chamber of Commerce dinner last Tuesday. ADDITIONAL BUSINESS - Administrator Peck requested that Attorney McCann talk to Attorney Kramer regarding an Illinois Bell Agreement that was left with Attorney Kramer . Police Chief Graff reported that he had a tour of the new jail facility and everything is going along as planned. He suggested that in perhaps 2 or 3 weeks a visit could be arranged for the Council to tour the facility. The jail is still on target to open April 1 . Alderman Jones announced the birth of his son, Alex Joseph Jones , born January 19 , 1992 at 3 : 10 p.m. ADJOURNMENT - Alderman Clark moved to adjourn the meeting at 10 : 10 p.m. , seconded by Alderman Pfister . Meeting adjourned . BY: . A! Cheryl L . Albin City Clerk •