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City Council Minutes 1992 03-12-92 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 MARCH 12 , 1992 . Mayor Kittoe called the meeting to order at 7 : 30 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 Pfister - Present Ward 4 - Fahrlander - Present Bown - Present A quorum was established . QUORUM Guests were introduced : Lloyd Yepsen, GUEST INTRODUCTION Robert E . Lee , Roy and Mary Herron, Cathy and Rich Herron, Mike Lobdell and family, Kathy Jones and family, Kathy Tusek and members of the Press . At this time Alderman Bown moved to PUB.HRG . (CC92-2 ) adjourn into Public Hearing for (CC92-3 ) (CC92-4) Yepsen ' s variance request (#CC92-2 ) , Aubrey annexation (CC92-3 ) and Bowling Alley (CC92-4) . The motion was seconded by Alderman Jahp. Motion carried . ********** PUBLIC HEARING CC92-2 *********** Alderman Bown opened the Public Hearing by PC92-2 stating that this petition is for a sidewalk variance request for an apartment building under construction on the east side of Mill St . near the intersection of Mill St. and Van Emmon Rd . The petitioner is Lloyd Yepsen. At this time Alderman Bown asked if there were any public comments on this petition. Lloyd Yepsen stated that there are no sidewalks anywhere else on Mill St . and he doesn ' t feel he should have to put one in. Mr . Yepsen asked if he would be assessed at the time other sidewalks would be put in. He stated that he would post the money it would cost to put the sidewalk in. Alderman Pfister questioned if the construction of the apartment building would complete the devel- opment in the block,and Mr . Yepsen informed him that it would . Alderman Bown questioned if it would be a safety hazard given the width of the road , to have a sidewalk placed there. Mr . Yepsen replied that it would safer to have a sidewalk running the whole length of Mill St . from Van Emmon to Route 126 . Alderman Pfister commented that a sidewalk has to start somewhere given the fact that the City is under a new set of rules , and the fact that the existing residences on that block were built before the rules pertaining to sidewalks were in existence. At this time Alderman Bown questioned if there were any further comments regarding this petition, and since there were none , he recommended going to the next Public Hearing. Page 2 March 12 , 1992 *******************PUBLIC HEARING CC92-3******************* Alderman Bown explained that this petition CC92-3 is for the annexation of the former Brown ' s Motel on Route 34 east of Route 47 . He asked if there were any public comments on this petition . Alderman Pfister commented that it should be annexed into the Sanitary District and Attorney Kramer informed him that he has made the petitioner aware of this . Attorney Kramer informed Council that the Plan Commission will be reviewing this petition at their next meeting, March 18 , 1992 . Alderman Bown asked if there were any more comments and there were none . At this time Alderman Bown recommended that the next Public Hearing be heard . *******************PUBLIC HEARING CC92-3******************* Alderman Bown explained that this petition CC92-4 is for the annexation of the Bowling Alley, and asked for any public comments concerning this petition. Alderman Fahrlander questioned if the owners were to file bankruptcy again what would happen to the property. Attorney Kramer replied that the annexation stays with the property, not the owners . Alderman Fey questioned if the Bowling Alley were to be sold would the grandfathered in liquor hours stay the same , and Attorney Kramer replied that the hours would stay the same, unless their license was to lapse or they would request an earlier closing time. Alderman Pfister questioned the language on page 2 , section 2A of the annexation agreement regarding the one free water and sewer tap. Attorney Kramer replied that this was the agreement per the City 7 years ago when discussing annexations to the City. Alderman Pfister questioned what if several businesses hook up to one water and sewer tap. Attorney Kramer said he will look into this language with Alderman Pfister . Alderman Bown asked if there were any further comments regarding this petition and since there were none, Alderman Bown moved to close the Public Hearings , seconded by Alderman Jahp. Motion carried . ************************************************************ At this time, Mayor Kittoe recommended that we postpone the Minutes , Bills and Citizen Comments , and go directly to Plan Commission. After Plan Commission, Citizen Comments will be heard , followed by Minutes and Bills , then returning to the normal agenda . Alderman Bown reported that the next PLAN COMMISSION Plan Commission meeting will be held PC92-3 ,PC92-4 March 18 , 1992 at 7 : 00 p.m. Alderman Bown moved to refer both Aubrey (PC92-3) and the Bowling Alley (PC92-4 ) annexation petitions to the next Plan Commission, seconded by Alderman Fey. Motion carried . Alderman Bown moved to approve the Special PC92-2 APPROVED Use request (LEE PC92-2 )be approved contingent upon the plat being updated to reflect the City ' s and Plan Commission recommendations making the property R-1 Special Use . Alderman Pfister seconded the motion. Motion carried . Page 3 March 12L 1992 Alderman Bown moved to refer CC92-2 (YEPSEN) CC92-2 REFERRED to the next Committee meeting to be held TO COMMITTEE March 19, 1992 for further discussion. Alderman Fey seconded the motion. Motion carried . CITIZEN COMMENTS - Alderman Jones read HERRON RESOLUTION a resolution commending Rich Herron for #92-11 the lifesaving action taken to save the life of Tyler Lobdell . Alderman Fahrlander noted an incorrect MINUTES APPROVAL date on the minutes from the March 12 Council minutes . On page 1 under Plan Commission February 20 should have been March 5 . Alderman Jahp moved to accept the minutes from the February 27, 1992 meeting with the above noted correction . Alderman Clark seconded the motion. Motion carried . Budget Office Drew reported that she has BILLS APPROVAL received an addition to the bill list . She reported that she received a letter from the school district requesting $50 ,000 from their land cash money. With the addition of the $50 ,000 the new total would be $72 , 815 .92 . Attorney Kramer asked that there be a letter from the school on file stating the reason they are asking for the money . Budget Officer Drew stated that the letter contains the reason . Alderman Baird moved to approve and pay the bills as presented , seconded by Alderman Bown. At this time, Alderman Fey said that he had a question on page 1 of the bill list for Coffman Truck Sales in the amount of $70 . 54 for a headlamp for truck. Administrator Peck replied that the charge for the part and installation, but he will check further into this . At this time Alderman Jahp said he would like to clarify the above motion for payment of bills to include the $50 ,000 land cash disbursement to the school . Alderman Bown seconded the clarification. Alderman Pfister questioned if because the large amount of money( $50 ,000 ) it would be better to have a separate motion for that amount . Attorney Kramer replied that either way is fine . Mayor Kittoe asked Alderman Jahp is he would like to amend the motion, and Alderman Jahp replied that he would not . Mayor Kittoe asked for a roll call and Clerk Albin called the roll : Bown - Aye Jones - Aye Pfister - Nay Fey - Nay Baird - Aye Fahrlander - Nay Jahp - Aye Clark - Aye Motion carried. 4 Ayes and 3 Nays . ATTORNEY ' S REPORT - Attorney Kramer reported that he has a re-draft of the Bowling Alley annexation agreement and that it needs to back to Jim Olson regarding an easement question. Administrator Peck said that the plat needs to be corrected to show an easement in front of the property running parallel to Route 47 . Administrator Peck also reported that after meeting with the owners of the Bowling Alley he found they would like to have the sewer line extended to their side to achieve a more buildable lot to the north. Page 4 March 12 , 1992 Alderman Bown questioned if the property has to re-platted in order to sell the piece to the north. Attorney Kramer said that under the Plat Act the property owner could sell any land to adjacent or contiguous property owner . Attorney Kramer believes that the property is platted as one piece of property , and under our Zoning Ordinance there is only one building per piece of property allowed , and if the Council wants it covered under the annexation agreement to be like a PUD and allow them to put one other building on the property that would solve the problem. Otherwise the Bowling Alley owners would have to come and sub-divide the property. Attorney Kramer said that he will talk to the owners and get this covered in a re-write of the annexation agreement . Attorney Kramer reported that he has REVISED RECAPTURE the revised Recapture Agreement with AGREEMENT (PRIDE) Pride. The agreement now contains the #92-12 husband and wife ' s names , and the payment now being $3 , 000 a month. Alderman Bown moved to accept the resolution to authorize changes in the Pride Recapture Agreement entitled "RESOLUTION DECLARING PRELIMINARY DETERMINATION AND INTENTION TO RECAPTURE UNDERGROUND PIPE SLEEVING COST" . Alderman Pfister seconded the motion. Motion carried . Attorney Kramer reported that he had AUBREY ANNEXATION talked to Dick Aubrey, and that Mr. Aubrey had no problems with the annexation agreement; however Mr . Aubrey feels that he is concerned that his real estate taxes are too high, and Dave Thompson is looking into this . Mr . Aubrey requested that the Council would make some considerations in the hook-up costs and the like . Attorney Kramer reported that a revised WHOLESALE TIRE ANNE)s annexation agreement has been sent to Wholesale Tire and it should be ready for next month. MAYOR ' S REPORT - Mayor Kittoe reminded everyone about the Town Meeting set for Saturday , March 14. Mayor Kittoe asked for a motion to go into EXECUTIVE SESSION Executive Session to discuss administrative responsibilities . Alderman Clark moved to go into Executive Session to discuss admin- istrative responsibilities , seconded by Alderman Pfister . Clerk Albin called the roll : Jahp - Aye Clark - Aye Fahrlander - Aye Pfister - Aye Baird - Aye Jones - Aye Fey - Aye Bown - Aye Motion carried . Alderman Bown moved to go into Executive Session at 8 : 20 p.m. , seconded by Alderman Fey . Clerk Albin called the roll : Fey - Aye Fahrlander - Aye Clark - Aye Bown - Aye Pfister - Aye Jones - Aye Baird - Aye Jahp - Aye Motion carried . Page 5 March 12 , 1992 Alderman Bown moved to go out of Executive Session at 8 : 44 p.m. , seconded by Alderman Pfister . Motion carried . CITY CLERK ' S REPORT - No report . CITY TREASURER/BUDGET OFFICER ' S REPORT - No report . CITY ADMINISTRATOR ' S REPORT - Administrator EASTER EGG HUNT Peck reported that he received a phone call APRIL 11 from the Yorkville Women ' s Club requesting that they hold an "Easter Egg Hunt" April 11 , in the City Park . Alderman Jahp questioned if the City is insured for such an event , and Attorney Kramer informed him that we are. Alderman Bown moved to adopt a resolution to approve an Easter Egg Hunt on April 11 , 1992 in the City Park, seconded by Alderman Jones . Motion carried . PUBLIC WORKS AND WATER REPORTS - There was no water report . Alderman Clark questioned the overtime and Administrator Peck reported that this was due to water main breaks , which are costing approximately $2 , 500 a break. Alderman Down moved to accept the Public Works Report as presented, seconded by Alderman Pfister. Motion carried. POLICE DEPARTMENT REPORT - Chief Graff gave a brief overview of the investigative report he distributed . Chief Graff reported that he should be able to give Council the results of an Evaluation Process by the first week of April . The Evaluation Process assesses the performance level of officers for the year 1991 , and after review of this he will come up with the standard level an officer should be performing to . Alderman Bown moved to accept the Police Report sans the use of acronyms , seconded by Alderman Clark. Motion carried . BUILDING DEPARTMENT REPORT - Alderman Pfister moved the Building Department Report be accepted as presented , seconded by Alderman Jahp. Motion carried . BEECHER BUILDING REPORT - Alderman Bown moved that the Beecher Building Report be accepted as presented , seconded by Alderman Pfister. Motion carried . PARK BOARD REPORT - No report . KENDALL COUNTY ECONOMIC DEVELOPMENT COMMISSION- Alderman Fey reported that the next meeting will be Tuesday, March 17 . SCHOOL COMMUNITY - No report . OLD BUSINESS - Nothing new. NEW BUSINESS - Alderman Bown moved to accept the new Organizational Chart as the Official Organizational Chart for the City of Yorkville , seconded by Alderman Pfister. Clerk Albin called the roll : Pfister - Aye Clark - Aye Bown - Aye Fahrlander - Aye Jones - Aye Baird - Nay Jahp - Aye Fey - Aye Motion carried . 7 Ayes , 1 Nay. Page 6 March 12 , 1992 *******************COMMITTEE REPORTS******************** ANNEXATIONS - No report . FINANCE - Alderman Jahp reported that the next budget meeting will be held Monday, March 16 from 5 : 30 p.m. to 7 : 30 p.m. at the water tower . Alderman Jahp reported that a motion needs to be made on March 26 , 1992 to display the Budget . The Budget will be displayed on April 2 and will be voted on April 23 , 1992 . NEGOTIATIONS - Alderman Fey reported that the next meeting is scheduled for Monday, March 16 at the City Hall commencing at 4 :00 p.m. PUBLIC RELATIONS - Alderman Pfister commented on the new Yorkville Flag being flown at the Pride Station. Mayor Kittoe said that John Hughes of Pride will be getting prices for that size flag, smaller flags , as well as prices for patches and decals . Mayor Kittoe said that the City logo will remain the same. WATER - Alderman Pfister commented that the sand separator is installed, and Administrator Peck said that it should be turned on Monday, March 16 . BUILDING & ZONING/FUTURE PLANNING - Alderman Bown reminded everyone of the next Plan Commission meeting , March 18 at 7:00 p.m. at the Kendall County Board Room, and of the two items on the agenda (Aubrey & Bowling Alley) . STREETS & ALLEYS - Alderman Fey reported that he has a copy of the long term plan for City streets that Administrator Peck worked on, and would like it discussed at some length at a Committee Meeting. SEWERS - Alderman Jones reported that Administrator Peck sent the 3 items of information that the IEPA requested and that a committment letter should be coming next week. POLICE - Alderman Clark wanted to make Chief Graff aware that there will be a regional wrestling tournament at the High School this Saturday, March 14 and to watch for potential parking problems . Alderman Clark requested that she make the introduction of Chief Graff at the Town Meeting, on March 14 . Chief Graff said that Sheriff Randall is holding an auction, Sunday, March 15 to auction off unclaimed property. Chief Graff said that there are 25 bicycles in ill-repair that he would like to donate from the City to the County to be auctioned off . Chief Graff feels that the maximum value of these bikes would be $100 .00 . Chief Graff feels that this would be advantageous from an administrative cost , and would also free up storage . Alderman Bown moved to authorize Chief Graff to dispose the above mentioned materials to be auctioned off by the County, seconded by Alderman Clark. Motion carried . Page 7 March 12 , 1992 HEALTH AND SANITATIONS - No report . PUBLIC PROPERTY - No report . YORKVILLE BUSINESS AND ECONOMIC DEVELOPMENT - No report . WASTE MANAGEMENT REPRESENTATIVE - No report . YBSD REPRESENTATIVE - Alderman Pfister submitted an agreement between the City of Yorkville and the Yorkville-Bristol Sanitary District dedicating the syphon to the Yorkville Bristol Sanitary District after installation. Alderman Fahrlander moved to accept the agreement between the City of Yorkville and the Yorkville- Bristol Sanitary District . Alderman Bown seconded the motion. Voice vote : 7 Ayes , 1 abstention. LIBRARY BOARD REPRESENTATIVE - Alderman Jahp reported that on the last meeting, March 9, the budget was looked over. Alderman Jahp also reported that he had talked to Attorney Kramer regarding the Project PLUS grant that needs a resolution. The application needs to be sent by April 1 for the grant . Alderman Jahp also reported that Jeff Storm is leaving and he is concerned about the attendance at Library Board meetings by members . The next Library Board meeting will be April 13 , 1992 at 7 :00 p.m. at the City Hall . PARK BOARD REPRESENTATIVE - No report . r CHAMBER OF COMMERCE REPRESENTATIVE - Alderman Baird reminded everyone of "After Hours" to be held at the Hatcher Medical Group, commencing at 5 :00 p.m. PARKVIEW TASK FORCE - Alderman Pfister requested that Alderman Baird re-join the Parkview Task Force Committee , and Alderman Baird replied that he would . Alderman Pfister set the Parkview Task Force Meeting to be held Tuesday, March 24 , at 7 : 30 at the City Hall . Chief Graff reported that he had talked with the architect who designed Sugar Grove ' s building, and that the architect would like to come to the next Committee Meeting to discuss both Parkview and the possibility of a new facility. Mayor Kittoe suggested that he meet with the Parkview Task Force first . ADDITIONAL BUSINESS - Alderman Jahp requested copies of the job descriptions for all employees of the City of Yorkville to be given to the Council members . Adminstrator Peck reported that he needs authorization to advertise for bids for the interceptor . He needs to advertise March 17 for a bid date of April 29 . Alderman Bown moved to authorize the advertising for bids for the interceptor , seconded by Alderman Jones . Motion carried . ADJOURNMENT - Alderman Bown moved to adjourn the meeting at 9 : 35 p.m. , seconded by Alderman Jones . Motion carried . 'aeting adjourned 9 : 35 p.m. BY: “f' C J i;-∎ Cheryl A Albin, City Clerk