City Council Minutes 1979 09-27-79 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNTIED CITY (57)
OF THE VILLAGE OF YORKVILL,E _ KENDALL COUNTY, ILLINOIS HELD AT CITY HALL
SEPTEMBER 27 , 1979 .
Mayor Thanepohn called the meeting to order at 8 .00 P.M. and led the
Council in the Pledge of Allegiance to the Flag .
Clerk pro-tem Madden called the roll as follows :
Gard 1 - Wolff Ward 2 - Harker GTard 3 - Simmons
Beach Hanback Pierce
A quorum was established .
Guests included Attorney Duggan , Attorney Grant , Joyce Ward and Martha
Lippold.
The reading of the minutes from the September 13 , 1979 meeting was
waived. Alderman Harker moved to approve the minutes as presented ,
seconded by Alderwoman Pierce . Motion carried 6-0 .
ATTORNEY ' S REPORT - Alderman Simmons moved to adopt the Resolution
No . 49-1979 asking Legislature to amend Collection Fee Charge Procedure
for Utility Tax , seconded by Alderman Harker . Roll call vote was
taken as follows :
Wolff - Aye Beach - Nay Harker - Aye Hanback - Aye Simmons - Aye
Pierce - Aye
Motion carried 5-1 .
Alderman Beach moved to pass the Ordinance No . 15-1979 Approving
A Planned Unit Development for Lot 3 "Mulhern Court" , Yorkville ,
Kendall County, Illinois (Sawasko-Whalen) , seconded by Alderman
Wolff . Roll call vote was taken as follows :
Beach - Aye Harker - Aye Hanback - Aye Simmons - Aye Pierce - Aye
Wolff - Aye
Motion carried 6-0 .
MAYOR' S REPORT - Mayor Thanepohn reminded the Council of Student
Government Day scheduled for October 25 , 1979 . Also , a reminder was
given of the Homecoming Parade on October 6 , 1979 and the City Council
will meet at Hillside Nursing Home .
Mayor Thanepohn read the Proclamation for Lion ' s Candy Days .
PLAN COMMISSION - Alderman Beach reported the Plan Commission had met
on September 25 , 1979 and the minutes would be covered in "Old Business" .
PARK COMMISSION - A discussion was held regarding the salary of the
Recreation Director . Alderman Hanback moved to allow a salary of
$400 . 00 per month and to regulate the salary to coincide with the
City ' s Fiscal Year,, seconded by Alderwoman Pierce . Roll call vote
was taken as follows :
Harker - Aye Hanback - Aye Simmons - Aye Pierce - Aye Wolff - Aye
Beach - Aye .
Motion carried 6-0 .
BUSINESS & ECONOMIC DEVELOPMENT COMMISSION - Alderman Beach announced
the Commission will meet on October 9 , 1979 at 7 :00 P .M. in the
Water Tower Conference Room.
COMMUNITY CENTER COMMITTEE - Alderman Wolff introduced Chairman of
the Committee , Richard Mau , Mr . Mau made a presentation showing site
and floor plans for the proposed center . He suggested that the center
be allowed to use a septic tank system and an existing well in lieu of
public facilities until public facilities are available . Alderman
Wolff moved that the site and floor plans be approved and that
individual septic and water supply be allowed , seconded by Alderman
Harker . Roll call vote was taken as follows :
Hanback - Aye Simmons - Aye Pierce - Aye Wolff - Aye Beach - Aye
Harker - Aye
Motion carried 6-0 .
SENIOR CITIZEN REPRESENTATIVE - The Senior Citizen Representative
stated they were at the meeting for observation only and had no
questions or comments .
OLD BUSINESS - Items from the Plan Commission agenda were addressed
indivudually as Alderman Beach read the Plan Commission Minutes for
each item.
1. Alderman Beach moved that the City Council approve the Petition
of Charles Beaudry for Annexation and Re-zoning to R-2 the pro-
perty at the northeast corner of 11ill Street & Route 126 inter-
section , seconded by Alderman Harker . Roll call vote was taken
(58) Page 2^ September ?.7 ; 1979
as follows :
Simmons - Aye Pierce - Aye Wolff - Aye Beach - Aye Harker Aye
Hanback - Aye
Motion carried 6-0 .
Alderman Harker requested to be excused from participating in Council
action on Item 2 - Second Amended Petition for Annexation & Re-zoning
by Blaine and Elizabeth Harker . Following presentation by Attorney
Grant, a discussion was held by the Council . Alderman Beach moved
that the Preliminary Plat of Blaine & Elizabeth Harker be approved ,
seconded by Alderman Wolff . Roll call vote was taken as follows :
Pierce - Aye Wolff - Aye Beach - Aye Hanback - Aye
Simmons - Aye
Motion carried 5-0 . Alderman Harker was excused from 'the voting .
Alderman Beach moved to direct the Citv Attorney to prepare an
Ordinance annexing and rezoning the property described by the amended
petition of Blaine & Elizabeth Harker , seconded by Alderman 47olff .
Roll call vote was taken as follow-; -
Wolff - Aye Beach - Aye Hanback - Aye Simmons - Aye
Pierce - Aye
Motion carried 6-0 . Alderman Harker was excused from the voting .
Alderman Harker then returned to his seat on the Council .
Alderman Hanback was excused from the meeting at 9 . 35 P .M.
Alderman Beach moved that the Preliminary Plat of Robbie Acres Subdivi-
sion by James Knierum be referred to the Building and Zoning Committee
for discussion , seconded by Alderman Simmons . Motion carried 5-0 .
Attorney Jerome Nelson presented. the Petition for Re-zoning by Raymond
Mattson for a parcel at the intersection of Routes 47 & 71 south
of Yorkville within the 1l� miles jurisdiction . Alderman Beach moved
to recommend the Petition be approved to the Kendall County Board ,
seconded by Alderman Wolff. Roil call vote was taken as follows :
Beach - Aye Harker - Aye Wolff - Aye Simmons - Aye Pierce - Aye
Motion carried 5-0 . Alderman Hanback was absent from voting.
Attorney Duggan made a presentation for the Subdivision Plat of
Unit 8 , Countryside Subdivision by John Conover . Alderman Beach moved
that the City Attorney be directed to draft a letter to be mailed to
appropriate persons stating that the plat should conform to the York-
ville Subdivision Control Ordinance with possible approved variances ,
seconded by Alderman Simmons . Roll call vote was taken as follows :
Harker - Aye Simmons - Aye Pierce - Aye Beach - Aye Wolff - Aye
Motion carried 5-0 . Alderman Hanback was absent from voting .
Alderman Beach moved to recommend approval to the Kendall County
Board of the Petition to Rezone - Special Use - by Rev. Paul Martin
of the parcel of land located off Cannonball Trail within the 111
mile jurisdiction , seconded by Alderman Wolff . Roll call vote was
taken as follows :
Simmons - Aye Pierce - Aye Beach - Aye Wolff - Aye Harker - Aye
Motion carried 5-0 . Alderman Hanback was absent from voting .
Petition to Resubdivide Kenny Resubdivision on Tuma Road in Fox River
Gardens was presented by Alderman Harker in the absense of Mr . Bell ,
Kendall County Zoning Officer . Alderman Beach moved that approval of
the Petition be recommended to the Kendall County Board. , seconded by
Alderman Wolff . Roll call vote was taken as follows !
Pierce - Aye Beach - Aye Wolff - Aye Harker - Aye Simmons - Aye
Motion carried, 5-0 . Alderman Hanback was absent from voting .
FINANCE - Attorney Dickson presented a new clarified Liquor Ordinance .
Following discussion , Alderman Simmons moved to pass the Ordinance
Revising and Codifying An Ordinance Concerning Alcoholic Liquors ;
seconded by Alderman Harker . Roll call vote was taken as follows :
Beach - Aye Wolff - Aye Harker - Aye Simmons - Ave Pierce - Aye
Motion carried 5-0 . Alderman Hanback was absent from voting .
HEALTH & SANITATION - Alderman Wolff. directed Director Madden to order
trash-containers for the downtown business area .
LIGHTS , TELEPHONE & GAS - Alderman Harker announced that Consolidated
Cable TV is starting construction for Cable TV in the north sections of
Yorkville .
Page 3 September 27 , 1979
— — -- (59)
PUBLIC PROPERTY & BUILDINGS Alderman Wolff reported that City property
at e Police Department is being surveyed so that the Police Department
garage construction can proceed ..
Alderman Harker reported that he had conferred with Alderman Hanback and
that a water fountain will be installed at the City Offices at the
Water Tower. Also , that a garage door at the Maintenance Building will
be repaired at a cost of less than $500 .00 .
SEWER'S Alderman Harker , upon committee recommendation moved
that the City Council approve the bid by Da-•Nite Co. of Rockford, Illinois
for the new tractor, backhoe , endloader , seconded. by Alderman Wolff .
Roll call vote was taken as follows :
Pierce - Aye Beach - Aye Wolff - Aye Harker - Aye Simmons - Aye
Motion carried 5-0 . Alderman Hanback was absent from voting.
Public Works Director Madden reported that Baxter & Woodman , Engineers ,
had submitted suggestions pertaining to water system inventory and sewer
use fee .
STREETS & ALLEYS - Alderman Simmons reported that two of the streets
and sidewalks committee members would meet with Mr . Larson in regards
to giving him more land or easement. Also , that engineers would soon
start work on the downtown sidewalks .
LIBRARY BOARD - Alderman Harker reported that the Library Board had
met and discussed the feasibility of a computer system with a
probable cost of $13 ,000 spread over three years . The Library Board
will meet and reconsider the system on October 24 , 1979 .
YBS BOARD - Alderman Harker reported the Board had met on September 17 ,
1979 .
TENNIS COURT COMMITTEE - New nets for the tennis courts have been
purchased at a cost of $135 . 00 to be split 50/50 with the High School .
Alderman Wolff moved to adjourn the meeting into an Executive Session
regarding attaining certain real estate , seconded by Alderman Beach ,
the time being 11 : 10 P .M. Motion carried 5-0 .
The meeting was reconvened at 11 : 20 P .M. and adjourned by a motion by
Alderman Wolff, seconded by Alderman Beach . Motion carried 5-0 .
CLERK PRO-TEM.
EEM: lje
RESOLUTION NO. I �
A RESOLUTION CONCEFNING COLLECTION
FEES FOR MUNICIPAL UTILITY TAXES
WHEREAS, thA UNITED CITY OF T22 VILLAGE OF
i
YORKVILLE, Kendall County, Illinois, pursuant to statutory,
authority has adopted a Utility Tax upok-all utilities
charged residents of the City by Publid 'Uti.li'ties, and
WHEREAS, pursuant to statutory ,.olattWrity, the
,�. � T
Illinois Commerce Commission has devel4i"A"tbematical
formulae for collection of Utility Taxes by municipalities
which, through the unique method of computation, results in
extraordinary charges being placed upon the Consumers, without
informing a consumer that an additional charge is being collected
by the State of Illinois, the State Public Utilities Fund Tax,
the collecting utility for accounting charges, and the munici-
pality from the consumers of the utility services.
WHEREAS, the imposition of additional charges
upon consumers of utilities within the City is misleading, in
that it results in hidden charges being imposed upon the con-
sumer in the name of the City Tax, and is onerous and unfair,
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the UNITED CITY OF THE VILLAGE OF YORKVILLE that the City
requests that the Legislature mandate to all Public Utility
companies that the Municipal Utility Tax be reduced to a rate
which is not in excess of the percentage ordained by a munici-
pality, and that the actual cost for collection by the collecting
utility companies be withheld from the remittance to the munici-
pality, and, further, that all other charges, whether for the
State of Illinois, the State Public Utilities Fund Tax, or any
other private or public entity, be clearly shown on the billing
2-
I
i
and not included in the sum of the City Tax. u
The City Clerk of the UNITED CITY OF THE VILLAGE OF
YORRVILLE is further directed to forward Certified Copies of
this Resolution to all Legislators and State Senators of the
i
Thirty-eight and Thirty-ninth Districts of the General Assembly
of the State of Illinois. }. ,
A.
PASSED this Say of~ =
ate.
APPROVED this �_ day of
A.D. e 1979.
Mayor
��5- 979
ORDINANCE APPROVING A PLANNED UNIT
DEVELOPMENT FOR LOT 3 "MULHERN COURT" ,
YORKVILLE, KENDALL COUNTY, ILLINOIS
WHEREAS, the Planning Commission of the UNITED CITY OF
THE VILLAGE OF YORKVILLE has recommended approval of Planned Unit
Development application, as amended, of SAWASKO-WHALEN DEVELOPMENT
COMPANY for the development of the property as thirty-two condominium
apartment units, and
. WHEREAS, the Planned Unit Development, as submitted, would
best serve to the public safety, health and welfare, and is an appropri-
ate and effective usage of the land.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
UNITED CITY OF THE VILLAGE OF YORRVILLE that the Planned Unit Develop-
ment application, as amended, of SAWASKO-WHALEN for development of Lot
3, NV11JLHE11N` COURT", Yorkville, Illinois, for development as thirty-two
planned unit development condominium units, as appended to this
Ordinance, be and the same is hereby approved.
PASSED this day of 1979.
' City C1
APPROVED this o -7A day of _06,&LUX. , 1979.
14ayo