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
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YORKVILLE CITY COUNCIL MEETING
GUEST LIST
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