City Council Minutes 1990 01-11-90 `dINLITFS OF THE REGULAR MEF.TTNG OF THE ( TTY COIINCTI, OF THE 'INTTFD CTTY
OF THE VILLAGE OF YORKVIlLE KENDALL COUNTY ILLINOIS, HRrn AT CITY
HAIL ON JANUARY 1 1 , 1990 .
Mayor Davidson cal.ied the met-Ling to order at Call to Order
7 : 30 p .m. , and led the Councii in the Pledge of
Allegiance.
Guests were Dave,. Fr i.e.de. rs of WSPY , Penny B4 rci G1.1 e,Sts
of the Beacon News , Jeff Farren of the Kendall
County Record, Attorney grant , Attorney Cunning-
ham, and Harriet Ringberg Arnold .
Clerk Erickson called the roll : Roll Call
Ward 1 - Small - Present
.Jahp - Present
Ward 2 - Fey - Present
Radko - ABSENT
Ward 3 - Pfister - Present
Hayden - Present
Ward 4 - Fahrl.ander - Present
mown - ABSENT
A quorum was established .
Alderman Pfister moved to waive the reading of Minutes Approval
the meeting from December 7 , 1989 , and approve
them as presented . Motion carried.
Alderman .Jahp moved to authorize payment of the Bills Approval
bills as presented , seconded by Alderman Pfister .
Clerk called the roll :
Small - Aye Hayden - Aye
Jahp - Aye Fey - Aye
Fa1lrlander - Aye Pfister - Aye
Motion carried .
?LAN COMMISSION - Attorney Cunnirignam expressed
his concerns regarding the vacation request on
W. Van F.mmon St _ by .Iohn Schneider , in
that he
doesn ' t feel Alderman Radke had
the right to
bring the matter up again, being there was no
motion to reconsider , only a motion to table
the matter , and that Alderman Racike ' s motion
was not valid .
Al.dermarl Radke macie- the motion t<r table the
matter at the December 7 , 1989 f,ity Council
meeting as it was felt it was no) proper
to hold discussion without Attorney Cunningham
or his client being present .
Mayor Davidson requested the matter be delayed
until Attorney Kramer arrived at the meeting .
Attorney grant presented the Kendall County
Petition by Tootiiian for Special Use A- i
Zoning for a Recreation Park , located next
to the Harris Forest Preserve -
Lemont video of the
Lemont facility Mr . Tootilian has was viewed
by the Kendall County Plan Commission. The
park will be a private facility for corporate
parties arid picrlics anti not open to the public .
Jim Clar_age , Planning Consultant for the City
of Yorkville could see no traffic and congestion
problem with the Lemont facility, and antici -
pates riot with the proposed Kendall County
facility .
Schneider Vacation
W. Van F.mmon St .
PCR9-4l KC/Too
°ape 2 Ianuary 1 _ i9° 1
Mayor Davidson stated that his concern was mainly
that the property annex to the City of Yorkville
when it becomes contiguous , along with annexing;
into the Yorkville Bristol Sanitary District .
If the corner property of Route 47 & 71 ties into
the city now, the.,v would like to tie in also.
The petitionai has met all. the concerns of the
fire district and tCle sheriff ' s (iepartment .
Mayor Davi.dson expressed his concerns regarding
a ii.gizor license being that while the facility
under Kendall County jurisdiction he does not
have any probiern, but when the property is ,
it will. be under hi.s control as i.iduor Commis-
s i Oyler .
Attorney Grant stated that.
a letter from the Illinois
that he will forward to Ma
It states that the sale of
but not the consumption or
property.
he has roc-eived a
Liquor Commission ,
yor Davidson .
liquor is prohibited ,
distribution on the
Alderman Jahp asked if there would be a care-
taker at the facility when it was not open .
Attorney Grant stated that someone would he
living; i.n the house located on the property .
Attorney Grant stated that a vegt-tative bizrm
and cyclone fencing will be provided on the
west edge of Lite. property , and woven wire
fencing on the east and south of the property _
The special use zoning will continue on with
any frzture owners , unless there is a long
interval of unuse .
Alderman Pfister requested that a water meter
be installed with sewer hookon to monitor the
usage for sewer user charges to be billed.
Mayor Davidson requested an easement on the
eastern & northern boundaries for utilities , and
that the road right-of-way on Route 71 be
verified .
Alderman Small moved that on PIan Commission ' s
recommendation , Petition #PC89-4i , Jahn
Tootilian ' s Acorn Ridge Recreational. Park in
Kendall County on Rt . 71 & 47 he approved,
subject to the following specified Conditions :
1 ) a 20 ft . utility easement be provided
on the northerly boundary;
2 ) a 10 ft . utility easement be provided
on the easterly boundary;
3) the road right-of-way be verifi.ed on
Route 71 ; and
4 ) a water meter be installed when the.
property hooks on to the City sewer
system to provide usage for YBSD
b i l l i.n g purposes .
PC89-41 Tootilian ' s
Acorn Ridge Approved
•
Pape 3
Motion was seconded by Alderman Pfister .
Clerk called the roIi :
Small - Aye Pfister - Aye
Fahrl.ander. - Aye Jahp - Aye
Fey - Aye Hayden - Aye
Motion carried .
Alderman Fey moved to table PC89-34 , the Ron
Cobb Rezoning matter , to the next regular
meeting of the City Council. , due to the YRSD 'bill
not being paid to date, seconded by Alderman
Hayden. Motion carried.
Attorney Kramer arrived at the meeting .
Attorney Kramer stated that Mrs . Arnold may
object to parlimentary procedure if she so
wishes .
Attorney Kramer. and Attorney Cunningham will need
to meet regarding their opposite views on pre-
vailing and non-prevailing sides on votes .
Attorney Kramer will look obtain copies of all
the minutes , and report back to the Council of
his findings .
Alderman Pfister moved to table the Schneider ,
W. Van Emmon St . Vacation Request•, seconded by
Alderman Hayden. Voice vote was taken with
Alderman Fey voting Nay . Motion carried 5- 1 .
Attorney Kramer reported that Public Notices
appeared in today ' s Kendall County Record regard-
ing Fair Realty , Patricia Stark, and Bob Thomas ,
and are scheduled for Public Hearings at the
February 11 , I990 Plan Commission meeting . They
will be given one free water hookup, and one free
sewer connection, with drawings Eyeing done at
the City ' s expense . Patricia Stark has been
given an additional concession regarding being
grandfathered in as far as regulations of the
mobile signs under the Kendall County ordinance .
aanuary 1 I , 1_ 990
PC89-34 - Cobb Rezone
RE : Pastdue YBSD Bill
Schneider Vacation
W. Van Emmon St .
Proposed Annexations
Fair Realty
Patricia Stark
Attorney Kramer further reported that Richard Proposed Annexation
Holland owns land to the east of Los LRios and Richard Holland
would like to annex as R-1 , and they will
be petitioning the City with that request in the
future .
At the South end of Yorkville , Tom Hughes has Proposed Annexations
purchased the SW corner of Rt . 71 , and wants to SW Corner Rt . 71 &47
annex to the City. Tt is not contiguous , but
with the annexation possibilities of Ali. ' s
Restaurant Growmark, Brown ' s Motel , and
Oak Ridge Subdivision , it would be .
Alderman Hayden authorize Attorney Kramer to
contact Brown ' s Motel. , Ali ' s Restaurant ,
Growmark , and Oak Ridge Sundidivisi.on regarding;
annexation to the City of Yorkville, seconded
by Alderman Fey. Motion carried .
Attorney Kramer reported there is a petition RR Crossing
before the !CC regarding a railroad crossing White Oaks Farm
in White Oaks Farm Subdivision on Fox Road .
They need to know the City is aware of the
petition , and approve the drawings in order
Page. 4 January Ti 1, 990
to proceed with the hearing in mid February.
Alderman Jahp is concerned with the safety
factors , if crossing gates are not provided .
Alderman Fey is not in favor of a grade
crossing .
Alderman Hayden moved to recommend to the ICC,
that the City of Yorkville is joining as
petitioner regarding the railroad crossing
in the White Oaks Farm Subdivision , and they
approve of the concept plans , seconded by
Alderman Small . Clerk called the roll :
Small - Aye Hayden - Aye
Jahp - Aye Fey - NAY
Fahrlander - Aye Pfister - Aye
Motion carried 5-1 .
Attorney Kramer reported that Ms . Ganer , tenant 701 N. Bridge Rental
at the City ' s rental house at 701 N. Bridge St . ,
has been served notice of eviction and the trial
date is set for January 19 , 1990 at 9 : 30 a .m.
Alderman Hayden inquired about the status of the
Stair Problem on the s/w corner of Van Emmon &
Route 47 . Attorney Kramer reported that the
last decision was to have IDOT representatives
and the owners at a meeting with the City repre-
sentatives to sit down and discuss the problem
jointly. Proposals were submitted awhile back
by the property owners , but the amount of
approximately $24 , 400 was out of line for the work
that needed to be done .
MAYOR ' S REPORT - Alderman Pfister moved the
City Council approve Mayor Davidson ' s appoint-
ment of Gail. Digate to the Yorkville Plan
Commission as representative of the Yorkville
5chooi 'District # 115 , to replace former member
Rick Doetschman . Motion was seconded by
Alderman Small . Motion carried .
Mayor Davidson reported that he has received
a resignation from Larry Bretthauer as BKFD
representative to the Plan Commission.
Alderman Jahp moved the City Council approve
Mayor Davidson' s appointment of Tom Lindblom
to the Yorkville Plan commission as representative
of the Bristol-Kendall. Fire District , seconded by
Alderman Fey. Motion carried .
Alderman Jahp moved to authorize the execution
of the Intergovernmental Agreement between the
School District and the City of Yorkville , re-
garding Police Control , seconded by Alderman
Pfister .
Clerk called the roll :
Fey - Aye Jahp - Aye
Hayden - Aye Pfister - Aye
Fahrlander - Aye Small - Aye
Motion carried .
W. Van Emmon Stairs
PC Appt .-G. Digate
School Dist . Rep .
PC Resignation
L. Bretthauer/BKFD
PC Appt . -T. Lindblom
Intergovernmental
School & City
RE : Policing
Alderman Small moved to authorize the City Fes . -IDOC
Attorney to draft a resolution regi.cesti_ng IDOC RE : Game Farm
to consider getting permanent ownership of the Leased Property
Came Farm Property on the east side of Game Farm
Page 5
Road that Is currently being leased , so that it
can lye permanently be used for public use jointly
with the School District .
Mayor Davidson announced the upcoming, retirement
of Odin Christian from Yorkville Public Works
Department on February 1 , 1990 .
1ant}i.. V i . 1. 490
PW Emp . Retirement
Mayor Davidson announced an IDOT Public Hearing TROT Public Hearing
sheduled for January 17 , 1990 at 7 : 30 p .m. at the Rt . 47 Repair
Bristol Grade School regarding 4 - 6 miles of Route
47 repair from Route .30 to Route 34 in Kendall
County .
CITY CLERK - Alderman Small moved to grant per-
mission for the March of Dimes Foundation to
conduct a door-to-door fundraising campaign
called Mothers March , to be held January 1.9
through January 29 , 1990 . Motion was seconded
by Alderman Hayden . Motion carried . It was
requested the Police Department be notified
by a representive of the foundation prior to
the beginning of the campaign.
Clerk Er-ickson reported there will be. a Public.
Hearing at the next City Council meeting on
January 25, 1990 at 7 : 45 p.m_.
CITY ENGINEER'S REPORT - Alderman Jahp moved
to authorize the Mayor and City Clerk to sign
the contracts for Dempsy Ing , in the amount of
$88, 344 . 65 , for the 16" water main to the Kendall
County property , seconded by Alderman Pfister .
i
Clerk called the roll :
Small - Aye Hayden - Aye
Jahp - Aye Fey - Aye
Fahrlander - Aye Pfister - Aye
Motion carried .
Alderman Pfister moved to proceed with the
meeting between , Mayor Davidson , Alderman
Pfister , Engineer 1:laaw and the EPA in
Springfield , regarding the river siphone and
s/w sewer interceptor . Motion was seconded
by Alderman Hayden . Motion carried .
Easements will be needed along with EPA permits
for the project .
March of Dimes
Mothers March
Public Hearing
Hanson Property
Purchase/Shallow Well
Water Main/KC Prop.
River Siphon/
S/W Tnterceptor
Engineer Klaas reported the water tower repair Water Tower Repair
was completed earlier In the day , and the line
now needs to be disinfected , and water samples
sent in before the line can be. put back into
service .
Engineer Klaas reported that we. are nearing the
implementation fo the new utility billing system.
Revisions to the ordinances are being worked out
at preasent .
Alderman Hayden asked the status of the No
Parking along Route 47 .
POLICE REPORT - Alderman
the
by
reports of the Police
Alciermart Jahp . Motion
Pfister moved
Department ,
carried .
to a c.Frt PD Reports
seconded
/
Page 6 Jantiary I I , 1 990
PUBLIC WORKS & WATER REPORTS - Alderman Jahp
moeved to accept the reports of the Public Works
Department , and the Water Department , seconded
by Alderman Small . Motion carried.
BEECHER BUILDING REPORT - Alderman Pfistermoved
to accept the report of the Beecher Building ,
seconded by Alderman Small. . Motion carried .
BUILDING DEPARTMENT REPORT - Alderman Small
moved to accept the report of the Building
Department , seconded by Alderman Fey. Motion
carried .
PW & Water Reports
B Report
Building Department
Mayor Davidson requested the streets be posted Posting Streets
with weight limit signs now rather than waiting
until February. The matter was referred to
the Council of the Whole meeting on January 18 ,
1990 .
RECREATION DEPARTMENT - Alderman Pfister moved
to accept the report from the Recreation
Department , seconded by Alderman Small . Motion
carried .
KENDALL COUNTY ECONOMIC DEVELOPMENT COMMISSION -
A] derman Fey announced the next meeting will
be held on Tuesday, January 16 , 1990 at 7 :30
p .m. at the Kendall County Annex Building.
SCHOOL COMMUNITY - Alderman Small reported that
the Graded Center Concept will not be pursued ,
since there are so many in opposition to tree
plan. The boundaries will be adjusted to
accomodate the students , and portable classrooms
wi. 11 be brought in where, needed . A new high
school will be pursued , and at that time the
present high school will become a middle school. .
Recreation Dept .
Graded Center Concept
COMMITTEE RF.PORTS**x"*3t*y`**Y`*Y`r"xy`t`r`Y ***
FINANCE.. - Al-der.man Small moved to hi-re a part-
time bookeeper , seconded by Alderman Pfister .
Motion carried with Aldermen Fey & Fahrlander
voting Nay.
Alderman Hayden requested the temporary worker
issue be placed on the agenda for the Council
of the Whole meeting on January 18 , 1990 .
Alderman Fey moved to
tine City of Yorkville ,
Pfister . Clerk called
Small - Nay
Fahrl.ander - Nay
Fey - Aye
Motion defeated 2-4 .
rescind the vehicle tax
seconded by Alderman
the roll :
Pfister - Nay
.Jahp - Aye
Hayden - Nay
UBI.IC PROPERTY & BUILDINGS - No report .,
TREES & PARKS - The Christmas decorations have
been taken down.
HEALTH & SANITATION - No report .
UTILITIES - No report .
Part-time Bookeeper
yemporary Worker
in Rescind Vehicle Tax
Defeated
Page. 7
WATER - Alderman Hayden reported the Lions Club
and Water Department have reached a decision
on the bill for the swimming pool , as set up
by ordinance. He presented the city with a
check for that amount .
January 11 . 1990
Water Bill - Lions
Engineer Klaas reported that he received a Prel .Draft - Radium
preliminary draft of the new radium variance Variance Petition
petition and it is available for review. Mayor
Davidson requested the Operator in Charge ,
Mr . Pfister to review the petition and give
his recommendations to the City Council .
BUILDING & ZONING - No report .
FUTURE PLANNING - Mayor Davidson stated that he
met with all but two landowners regarding the
possibility of extending the sewer to Route 71 ,
and that they had all talked positively on the
matter . Engineer Klaas reported that he has
met with the engineer hired by the property
owners .
STREETS & ALLEYS - No report .
SEWERS - Engineer Klaas reported that he, Mayor
Davidson, and Alderman Pfister met with repre-
sentatives of the Rizk Co. regarding the
relinquishment of 90 acres of jurisdictional
land by bypass 30. The area was annexed by
Montgomery and is serviced by the Aurora
Sanitary District . He stated it was an in
formative meeting and establishment of boundaries
in the future may be possible .
Mayor Davidson stated that Sugar Grove , Mont-
gomery, Oswego and Yorkville need to have a
meeting in the next 45-60 days regarding the
boundaries issue .
Engineer Klaas reported that the bids have not
been received back to date .
PUBLIC RELATIONS - No report .
POLICE - Alderman Jahp moved to authorize pur-
chase of a 1990 Chevrolet Caprice Squad Car
from the state pool , out of the 1990-91 budget ,
at a cost of$ 13 , 600 . Motion was seconded by
Alderman Hayden. Clerk called the roll :
Fey - Nay Jahp - Aye
Hayden - Aye Pfister - Aye
Small - Aye Fahrlander - Nay
Motion carried 4-2 .
Extending Sewer
Route 71
Sanitary District
Boundaries
Sump PumD Bids
ew Squad Purchase
Alderman Jahp called an Executive Session at the Executive Session
end of the regular meeting regarding possible Request
litigation.
EMERGENCY SERVICES & DISASTER - Mayor Davidson ESD Agreement
reported an agreement with the municipalities
in the County will be drafted, and a meeting
will need to be scheduled with all concerned .
YBS_�LD - Alderman Pfister reported the next
meeting is scheduled for Tuesday, January 16 ,
1990 at 6 : 00 p.m. at 226 S . Bridge Street .
Page 8
LIBRARY BOARD - Alderman Jahp reported that
the ,job description is now completed for the
new librarian and they will be advertising for
the position.
Alderman Jahp reported the financial controls
of the library was discussed , and recommen-
dations made by the auditors .
The library drawing is scheduled to be on the
vehicle stickers .
February 12 , 1990 is the next meeting of the
library board, and a budget finance meeting on
January 25 , 1990 at 7 : 00 p.m.
CHAMBER OF COMMERCE - Alderman Pfister reported
the quarterly dinner meeting will be held
January 16 , 1990 at the Williamsburg.
ADDITIONAL BUSINESS _ Alderman Hayden asked the
status of the Employee Manual . Engineer Klaas
reported that it was still under discussion with
employees . He asked that it be referred back
to committee.
The Congregational Church is requesting a rebate
for the sewer line that was installed at the
parsonage on W. Center St . The Council of the
Whole feels it would set a precedence, but if
they can find where it has been set in the past
they are welcome to contact the city again.
Alderman Hayden reported that a former alderman
stated the Congregational CHurch was asked to
hook on to sewer when the line was initially
put in, and they had refused at that time .
Mayor Davidson requested that he obtain that
person ' s statement in written form. Alderman
Pfister stated that he recalled the same
situation.
Alderman Jahp asked where the City stands with
the codification. Alderman Radke still has
not completed his review of the materials .
Alderman Jahp moved to adjourn into Executive
Session to discuss possible litigationat 10 : 10
p.m. , seconded by Alderman Pfister . Motion
carried .
January 11 , 1990
Advertise -
Librarian Position
Library
Financial Controls
Vehicle Stickers
Library Drawing
Employee Manual
Sewer/Cong. Church
Codification
Adjourn Into
Executive Session
RE : Possible
Litigation
The regular meeting was reconvened at 10 : 15 p .m. Meeting Reconvened
Alderman Jahp informed the Council that possible
litigation had been discussed in the Executive
Session, and that no action had been taken.
Alderman Small moved to adjourn the meeting, Adjournment
seconded by Alderman Hayden. Motion carried .
u nne J. Erickson , City Clerk
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