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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 ----------------------- -------------------- -------------------------- -------- ZT, e„Stet , , S", b-hi 61 D­4, - l. -----------------­­_.­­---.........­.......... --------------------------------- - ­ I/ ------------ ........... city f..#j "Im A,I I tW .1•1 1 rU 0.v0 i9.U1 0 1. ............... ------------- ----------- P.11' 10 -vlq% N tllldw ------- -- -------- 4 S k—sill.Ill. ryFR lv 111924 0.0 4b4.44 U.o ..1k—k 5.11 An 11 At 11U,11 l A S11 ""Id" Wt--.Oper.6 -1.all C,.Po, A EIi 'a w194 ^ 'l,il,% 181.6 P.D. 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