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City Council Minutes 1992 07-23-92 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 JULY 23 , 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 - Absent Bown - Present A quorum was established . QUORUM Guests were introduced : Betty Johnson, Sue Bullock, GUEST INTRODUCTION Dean Fisher, Nancy Tettemer, Richard and Shirley Missing, Drs . Daniel and Roger Hatcher, and members of the Press . Alderman Baird moved to waive the reading of the MINUTES APPROVAL minutes from the July 8 regular City Council Meeting and approve them as presented , seconded by Alderman Pfister . Motion carried . Alderman Fey commented that bills #7862 and #8443 BILLS APPROVAL should not be coming out of the sewer maintenance fund (as per prior committee discussion) and should be transferred to the Public Works General Fund . Alderman Bown moved to approve and pay bills as presented with the two bills (#7862 and #8443 ) changed to come out of the Public Works General Fund . Alderman Jahp seconded the motion, and Clerk Albin called the roll : Fey - Aye Bown - Aye Clark - Aye Jones - Aye Pfister - Aye Jahp - Aye Baird - Aye Motion carried . There were no Citizen Comments . CITIZEN COMMENTS PLAN COMMISSION/ZONING BOARD OF APPEALS - Alderman Bown reported that the Plan Commission recommended approval of Dean Fisher ' s preliminary plat and recommends the zoning change from B-2 to B-2 Special Use, and that the Purcell petition is j ` • ir` ,`J on hold until the August Plan Commission meeting . Alderman Bown moved to approve Dean Fisher ' s B-2 S-U APPROVED zoning request from B-2 to B-2 Special Use for this property, seconded by Alderman Baird. Mayor Kittoe asked if there were any comments or o ` questions on this motion, and there were not . Kittoe called for a voice vote, all being in favor, motion carried . At this time Dr . Dan Hatcher said that he would like to comment on the zoning change , he stated that he had asked to be on the agenda and thought his name would be called to speak. Mayor Kittoe informed him that "Citizen Comments" is for that purpose . Dr . Hatcher said that he didn ' t understand that, and thought that when Mayor Kittoe said "Citizen Comments" it was for the purpose of comments regarding the expenditures . Mayor Kittoe said that the meeting could go back to "Citizen Comments" if anyone wished to speak. Dr . Dan Hatcher said that he attended to Public Hearing held on this zoning change and voiced his opposition at that time. He submitted a petition with over 100 signatures from people who live and work in Countryside who are opposed to this.,. and presented it to Mayor Kittoe . Page 2 July 23 , 1992 Dr . Dan Hatcher commented that he feels the zoning for this property is inappropriate considering the area in which it is located . He pointed out that there is a health care center , living center , veterinary clinic, and residential area surrounding this property. Nancy Tettemer ,administrator of Hillside Nursing Home commented that she feels a body shop with noisy cars and cars parked around it doesn ' t belong in an area of fast food restaurants and health care centers . Dr . Roger Hatcher commented that a body shop and muffler shop are not support services , such as the Pizza Hut and Kentucky Fried Chicken, and that he has hoped to recruit interest in the vacant property for other medical services , and he doesn ' t feel that a body shop and muffler shop are appropriate for that area . Alderman Jones commented that after seeing Dean Fisher ' s examples and plans he feels it would add greatly to the landscaping and would probably look better than the landscaping surrounding it . Alderman Bown commented that he doesn ' t feel that these two businesses would be entirely inconsistent in the area, as the areas along Routes 34 and 47 are all high-density business uses . Alderman Bown commented that Dean Fisher ' s request comes with very stringent requirements which must be met with respect to air quality and such, and that it will not be a typical body shop which everyone is accustomed to. Dr. Dan Hatcher said that he understood that , but was concerned with what would happen in ten years if Dean wasn ' t there anymore, or in fifteen years when the same Council wouldn ' t be here. Alderman Bown responded by saying that this property would be a PUD, and that the Council has complete control of the property. Alderman Bown said that the City Council would have to approve any changes to the property, and that if Dean Fisher went out of business , the property zoning would revert back to B-2 and that auto body and muffler shop wouldn ' t be allowed . Alderman Pfister commented that the area is one of rather mixed use , and that he feels that Fisher ' s proposal is a very attractive business , and he likes the way it is laid out . Alderman Pfister commented that Dean Fisher has been put through more than anyone else with a body shop, and that Fisher will have to comply with the EPA to meet high standards for air quality. Alderman Pfister also commented that this business will be far more attractive than the empty lot which sits there now. Dr . Dan Hatcher expressed concern with regarding the possibility of recruiting other Doctors . He feels they might not be interested if they saw a body shop and muffler shop next to the Health Care Center . Dean Fisher commented that he takes great exception with regard to being noted as a body shop. He explained that this is not a typical body shop, and that those who signed the petition have no concept about what is being placed on that property. Page 3 July 23 , 1992 Dean Fisher commented that his facility will look as nice or nicer than the Health Care Center . He commented that he will be using designer block and brick, and that he will be spending $25 ,000 - $30 ,000 in landscaping alone . He also showed a fence design that he had someone paint for him. He also commented that under the PUD he would have to have designated parking, would have to meet air management control , and would be spending additional money to put prep decks in the body shop. He also commented that a person who had been driving by his body shop on Route 47 for fifteen years didn ' t know there was a body shop there. Fisher commented that it because it doens ' t look like a body shop. Dean Fisher feels that he has proven to both the Plan Commission and City Council that he is a professional and the business will be professional . Mayor Kittoe questioned why the objectors waited until this meeting to voice their opinions , when the Public Hearing was held back in April 15 . Alderman Bown noted that only two people have contacted him regarding this project in the last three months . Mr . Richard Missing commented that he wasn ' t made aware of this and questioned why there aren ' t articles in the paper , besides the legal notices in fine print which he feels nobody reads . Dr. Dan Hatcher questioned what recourse they have now that the vote has been taken. Mayor Kittoe asked him to wait for Attorney Kramer to arrive . Dr . Dan Hatcher said that he will confer with the City Attorney at a later date . Mayor Kittoe asked for any further comments , and there were none . ATTORNEY ' S REPORT - Attorney Kramer hadn ' t arrived yet . MAYOR ' S REPORT - No report . CITY CLERK ' S REPORT - No report . CITY TREASURER/BUDGET OFFICER ' S REPORT - No report . CITY ADMINISTRATOR ' S REPORT - Mayor Kittoe gave Administrator Peck ' s report . Mayor Kittoe reported that a motion was needed to hire the full time accounting assistant . Alderman Pfister moved to create the position of accounting assistant, seconded by Alderman Jahp. Motion carried. Alderman Jahp moved to hire Kimberly King to fill ACCOUNTING CLERK the position of accounting clerk starting at $9 .00 HIRED an hour staring August 3 , 1992 . Clerk Albin called the roll : Jones - Aye Jahp - Aye Clark - Aye Baird - Aye Bown - Aye Pfister - Aye Fey - Aye Motion carried . Page 4 July 23 , 1992 Alderman Pfister moved go with Option A for the LEAK DETECTION leak detection program at a cost of $7, 000 .00 . PROGRAM Alderman Baird seconded the motion. Clerk Albin called the roll : Clark - Aye Bown - Aye Baird - Aye Jones - Aye Pfister - Aye Fey - Aye Jahp - Aye Motion carried . Alderman Bown moved to accept the bid from R.L. LOW BID Smith as the low bid for water and sewer lines , R .L. SMITH at a cost not to exceed $18 , 500 .00 . , seconded by Alderman Baird . Clerk Albin called the roll : Clark - Aye Bown - Aye Fey - Nay Pfister - Aye Baird - Aye Jones - Aye Jahp - Aye Motion carried , with one Nay. Mayor Kittoe commented that this cost if for labor only. Mayor Kittoe reported that Administrator Peck WILLMAN& GROESCH received a low bid from Willman and Groesch for 500 feet of curb and gutter in Countryside. Alderman Bown moved to approve Willman and Groesch to do this job not to exceed $1 , 500 . 00 . Alderman Baird seconded the motion. Clerk Albin called the roll : Bown - Aye Jones - Aye Pfister - Aye Fey - Aye Baird - Aye Jahp -Aye Clark -Aye Mayor Kittoe reported that the railroad track RR WORK replacement will begin August 3 , 1992 . The railroad will be lowering the track August 10 . This will require some excavation on both sides of the track and removal of the spoils from under the track. The City will have some cost in this . (Approx. $18 ,000 ) Mayor Kittoe reported that there is no time to bid this project because of the short time in which this work needs to be done. Alderman Jahp commented that he is un- comfortable with doing this job without receiving 3 bids first . Mayor Kittoe reported that this will be done on a time and materials basis . Alderman Pfister moved to enter into this joint venture with the railroad pending upon Administrator Peck getting 3 bids back to Council ASAP, not to exceed $18 ,000 . Alderman Bown seconded the motion. Clerk Albin called the roll : Pfister - Aye Clark - Aye Bown - Aye Baird - Aye Jones - Aye Jahp - Nay Fey - Aye Motion carried . Alderman Jahp reported that the cost to pave 200 PAVING WORK feet of Washington St . would be $1 ,900 .00 . Alderman WASHINGTON ST. Jahp moved to spend $ 1 ,900 .00 to pave 200 feet of Washington St . , seconded by Alderman Clark. Clerk Albin called the roll : Jahp - Aye Clark - Aye Baird - Aye Pfister - Aye Fey - Aye Jones - Aye Bown - Aye Motion carried . Alderman Jahp suggested that the Attorney ' s Report be brought up as this time, being Attorney Kramer was present . Page 5 July 23 , 1992 Alderman Bown reported to Attorney Kramer that earlier in the evening a motion was made to approve the change in zoning from B-2 to B-2 Special Use for the body shop and muffler shop. He reported that this motion was carried , and that subsequently a number of objectors voiced their opinions, and these objectors wish to know what recourse they have. Attorney Kramer responded with 1 . ) Do nothing, 2 . ) If one of the Council members on the prevailing side would bring it up at the very next meeting, a reconsideration could be asked for, and 3 . ) If the objectors felt that the approval of the zoning request was harmful to property values , or interferes with the enjoyment of their property; litigation could be pursued. Attorney Kramer reported that he received a signed annexation agreement from Harthan, and he gave it to Clerk Albin. A meeting for the annexation committee will be held next Tuesday, July 28 at 4: 30 p.m. POLICE CHIEF ' S REPORT - Chief Graff requested that Mayor Kittoe read a proclamation for "National Night Out" on August 4, 1992 . Mayor Kittoe read the proclamation. Chief Graff reminded everyone that the Elmhurst Bike Race is coming through town Sunday, July 26 . Alderman Fey asked if they would be using paint on the roads again. Chief Graff reported that he will check into it and have them use water soluble paints . Chief Graff reported that "Cruise Night" will be held July 31 , and that four other police departments will be participating, and Commonwealth Edison will be there with their "Safety Town" display. Chief Graff reported that he is receiving 10-12 phone calls a day regarding Yorkville Professional Police Association ' s solicitation, and that he issued a press release regarding this . Chief Graff reported that the police supervisors have requested a meeting with the personnel committee, Monday, July 27 at 6 :00 p.m. Chief Graff reported that Jack Purcell and Roy Dean donated a fax machine to the Police Dept . Chief Graff reported that he has sent a letter of thanks . PARK BOARD REPORT - Alderman Baird reported that the Park Board would like to have a joint meeting with Council members . A meeting was set for August 3 , at 7 :00 p.m. Alderman Baird reported that the park district software was previewed. Alderman Baird reported that Alderman Clark, Dick Young, and himself will be meeting July 24 regarding a grant for a canoe launch. BEECHER BUILDING REPORT - Alderman Jahp moved to approve the Beecher Building Report , seconded by Alderman Pfister . Motion carried . KENDALL COUNTY ECONOMIC DEVELOPMENT COMMISSION - Alderman Fey reported that no date has been set for the August meeting . Page 6 July 23 , 1992 SCHOOL COMMUNITY - No report . OLD BUSINESS - Alderman Fey reported that he has been receiving phone calls from citizens regarding weed control , and he questioned if letters had been sent out . Budget Officer Drew reported that the letters were sent out Monday. Mayor Kittoe reported that he would check into this . NEW BUSINESS - Alderman Jones reported that a citizen contacted him regarding street lights in Prairie Park that are not working. Mayor Kittoe reported that Administrator Peck is looking into this . Alderman Pfister asked about the street lights on Leisure . Attorney Kramer reported that a letter, was sent a year ago. Mayor Kittoe said that Administrator Peck was waiting to hear from Commonwealth Edison regarding where they would pick the power up. Alderman Jones moved to authorize the spending of up to $750 .00 to place an ad in the Chamber of Commerce directory. Alderman Clark seconded the motion. Alderman Jones amended the motion to include seeing if the Park Board will split the cost of this and if they won ' t we will pay, seconded by Alderman Clark. Clerk Albin called the roll : Baird - Aye Jones - Aye Fey -Aye Jahp - Nay Pfister - Aye Clark - Aye Bown - Aye Motion carried . *********************COMMITTEE REPORTS*********************** FINANCE - No report . PERSONNEL - Alderman Baird reported that a meeting has been set with the Police , Monday at 6 :00 p.m. PUBLIC RELATIONS - No report . BUILDING,ZONING & ANNEXATIONS/FUTURE PLANNING - Alderman Bown reported that the next Plan Commission meeting is set for August 19 . Alderman Baird reported that he purchased software to make colored maps . PUBLIC PROPERTY AND BUILDINGS - No report . WATER - Alderman Pfister reported that there are 1 ,645 residential customers . Alderman Pfister reported that the pumphouse has been painted . SEWER - No report . STREETS AND ALLEYS - No report . POLICE - No report . HEALTH,SANITATION & WASTE MANAGEMENT - Attorney Kramer reported that TCD will be sending a representative to next week ' s Committee meeting regarding the proposed charge for picking up refrigerators . Attorney Kramer said that the contract calls for TCD to pick up large items at least twice a year at no additional charge . YORKVILLE BUSINESS & ECONOMIC DEVELOPMENT & COUNTY ECONOMIC DEVELOPMENT - Alderman Baird reminded everyone of the meeting with downtown businesses next Tuesday at 7 : 00 p.m. at the Yorkville National Bank. Page 7 July 23 , 1992 CITY BUILDING AD HOC - Alderman Pfister reported that he attended the School Board meeting on July 20 , and he informed them of the Council ' s decision not to go with Parkview. Alderman Pfister reported that he would like to set up a meeting at the next Committee meeting to see what direction to go now. SCHOOL BOARD REPRESENTATIVE - No report . YBSD BOARD REPRESENTATIVE - Alderman Pfister reported that the 1992-1993 budget was passed at the meeting on July 20 . The next meeting is August 17 at 5 :00 p.m. LIBRARY BOARD REPRESENTATIVE - No report . PARK BOARD REPRESENTATIVE - No report . CHAMBER OF COMMERCE REPRESENTATIVE - No report . ADDITIONAL BUSINESS - Mayor Kittoe reported that he received the resignation of Ward 4 Alderman Dennis Fahrlander. Alderman Pfister commented that he was very conservative and a good Alderman, Alderman Baird agreed, saying that he will be missed . ADJOURNMENT - Alderman Bown moved to adjourn, seconded by Alderman Jahp. Motion carried, meeting adjourned at 9 : 25 p.m. 7 )11r 7Th 77)( Cheryl A. Albin,City Clerk 4 4 4 - 4 w YORKVILLE CITY COUNCIL MEETING GUEST LIST n / , „ -- ,..t.e.A...% .. At,..01_... ....6,... AL _. ...M111117,:.,,,....41111WALF..,_ d. -4.. Ale " —,...''' 1 . (72' ef, -I - . , / AIM. / 71 , 0/9, --, — A6,, 7 5ft4_. , r _i,_ s '� 2k ,4, L.W qn y 6) cFA, � aztwAy .