City Council Minutes 1978 04-27-78 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE UNITED CITY OF 199
THE VILLAGE OF YORKVILLE , ILLINOIS , HELD AT CITY HALL , APRIL 27 , 1978 ,
Mayor Thanepohn called the meeting to order at 8 : 39 P . M . and led the
Council in the Pledge of Allegiance to the Flag . Roll call was taken
as follows :
Ward 1 - Wolff Ward 2 - Hanback Ward 3 - Simmons
Beach Harker Smith
A quorum was established .
The reading of the minutes was waived . Alderman Wolff moved to approve
the minutes as presented , seconded by Alderman Harker . Motion carried
6-0 .
ATTORNEY ' S REPORT - The reading of the Pinball Ordinance was waived .
Alderman Wolff moved to pass the Ordinance to License and Regulate
Amusement Devices , Billiard Parlors , and Pinball Machines including
the addition regarding the revocation of license provision . The motion
was seconded by Alderman Harker . Roll call vote was taken as follows :
Wolff - Aye Hanback - Aye Simmons - Aye
Beach - Aye Harker - Aye Smith - Aye
Motion carried 6-0 .
Attorney Dickson submitted 2 drafts of a joint resolution regarding
intergovernmental assistance to other towns in the area and to date
no comments have been received .
Alderman Beach moved to approve the Resolution of the United City of the
Village of Yorkville , Transferring the Budget for the 77-78 Fiscal
Year Making Line Transfers of Specific Items , with a change in paragraph
3 , line 4 to delete " 1976- 1977" and add "1977- 1978'' . The motion was
seconded by Alderman Harker . Motion carried 6-0 .
Alderman Hanback moved to Pass the Ordinance approving a Variation to
Permit Building in Part of the Southwest Quarter , Section 33 of
Lands of Tom McNelis including the grant of a permanent easement of the
northerly , deleting " 10 feet": arid adding "20 feet'' in the legal description
for the construction , installation , improvements , operations and
maintenance of public and private utilities under , upon and across the
described land and the grant of a permanent easement of the westerly
60 feet for roadway purposes and for installation , construction , im-
provements , operation and maintenance of public and private utilities
under , upon and across described land . The motion was seconded by
Alderman Smith . Roll call vote was taken as follows :
Wolff - Aye Hanback - Aye Simmons - Aye
Beach - Aye Harker - Nay Smith - Aye
Motion carried 5- 1 .
MAYOR ' S REPORT - Mayor Thanepohn waived the reading of the new committees
i and goals . *`See attached copies .
Alderman Wolff moved to approve Mayor Thanepohn ' s appointments of
the following :
Business & Economic Development Commission
Phil Dalton as Chairman
Bill King to 1981 - Reappointment
Dick Zeiter to 1981
Dave Shindlbeck to 1980
Walter Olsen to 1981
Human Resources Commission
Reappointed Bessie Lough , Richard Mau and Identa Austin to
3 year terms to expire in 1981
200 Page 2
Zoning Board of Appeals
Reappointed Richard Ellis to a 5 year term expiring in 1984
Plan Commission
Reappointed Jim Kenton to a 4 year term to expire in 1982
Library Board
Reappointed Wayne Gutzwiler and Joyce Skinner and appointed
Bert Erickson to 3 year terms to expire in 1981
Park Commission
Reappointed Betty Huston to a 3 year term to expire in 1981
Reappointed Rick Dalton as Park Director
Reappointed Richard Mau as Comunity Center Committee Chairman
Alderman Harker seconded the motion . Motion carried 6-0 .
A thank-you was received from the family of Walter Deuschler for
flowers .
Alderman Wolff moved to authorize Attorney Dickson to draw up a
Resolution from the City Council commending the Y . B . S . D . & Rick
Pfister for the best operated Class B plant in the state , seconded
by Alderman Harker . Motion carried 6-0 .
Alderman Hanback moved to approve Windy City Amusements application
for a carnival license , seconded by Alderman Simmons . Motion carried
6-0 . The City Clerk was requested to issue said license .
PLAN COMMISSION - Alderman Beach reported that Kellett-Weiss Petition
to Rezone and Dr . Bassak ' s Acadia Acres will be discussed under new
business . The Plan Commission requested the Pre-application conference
regarding Harker Hills be resketched .
PARK COMMISSION - Alderman Smith reported the Commission has distributed
a book on all the programs they have to offer and registration will
soon begin .
HUMAN RESOURCE COMMISSION - Alderman Simmons reported the Commission
will provide publicity for the blood drive scheduled for May 30 ,
September 6 , and December 14 of 1978 •
BUSINESS & ECONOMIC DEVELOPMENT COMMISSION) - Alderman Beach reported
the Commission recommended to the City Council to send out for bids on
the West Alley Project .
Alderman Beach was requested by a citizen who devotes time to City
Business to look into the parking situation in the East Alley in
regards to the new medical clinic . Ellsworth Windett is concerned
about parking for Doctors in the East Alley and is working with the
property owners regarding the problem , Mayor Thanepohn stated that
East Alley concept work has been done and will include parking off
both sides of the alley , sidewalks and curbing . Mr . 'Windett stated
he would be restricting parking with a tow-away order on his property .
Mayor Thanepohn will meet with the Attorney and Police Department on
the Parking Ordinance Alderman Beach stated it might be possible
to lease property from the Farm Bureau to gain more parking space .
Alderman Beach recommended turning the issue over to the Business
and Economic Development Commission for their #2 priority . The next
meeting will be May 9 , 1978 at 8 : 00 P . M . at City Hall and letters will
be sent to all members . Mr . Windett was invited to attend the meeting .
OLD BUSINESS - Alderman Beach made a motion to dispense with further
Impact Study on Stark ' s proposed subdivision and add to the Pre-annexation
Page 3 201
Agreement the minimum charge of $ 188 per lot to be contributed to the
City or land in lieu of cash , seconded by Alderman Harker . Roll call
vote was taken as follows :
Wolff - Aye Hanback - Aye Simmons - Aye
Beach - Aye Harker - Aye Smith - Aye
Motion carried 6-0 .
Alderman Wolff moved that the final plat of Stark ' s Subdivision
be in accordance as to size and sketch with the pre-annexation agree-
ment . The motion was seconded by Alderman Harker . Roll call vote
was taken as follows :
Wolff - Aye Hanback - Aye Simmons - Aye
Beach - Aye Harker - Aye Smith - Aye
Motion carried 6°0 . '
Alderman Wolff moved to change the wording of the Amended Petition for
Pre-annexation Agreement & Zoning Amendment on page 2 , paragraph 7 ,
line 8 and line 18 , to delete "five (5) years" and add "three (3) years" ,
from the date of approval of the final plat and on page 3 , paragraph
16 , line 8 and line 24 , to delete "five (5) years" and add "three (3)
years" from the date of approval of the final plat . The motion was
seconded by Alderman Harker . Roll call vote was taken as follows :
Wolff Aye Hanback - Aye Simmons - Aye
Beach - Aye Harker - Aye Smith - Aye
Motion carried 6-0 .
Alderman Hanback moved to approve the Amended Petition for Pre-annexation
Agreement and Zoning Amendment with the stated changes , seconded by
Alderman Harker . Roll call vote was taken as follows :
Wolff - Aye Hanback - Aye Simmons - Aye
Beach - Aye Harker - Aye Smith - Aye
Motion carried 6-0 .
NEW BUSINESS - Alderman Beach read the Plan Commission minutes recommend-
ing denial of the rezoning request of Kellett-Weiss in Worsley ' s
Additon from R- 1 to R-3 to construct a 3-unit apartment building .
Attorney Grant representing Kellett-Weiss stated the City Council
Could not justify retaining the said land as R- 1 with a quadraplex
next to the proposed development and there would be no adverse effect
to a 3-unit apartment building if there was not already any adverse
effect to a 4-unit .
Alderman Beach responded that the City Council as a rule has not
passed any multi -family zoning except that of Harold Feltz and
there were no objectors present at that time of rezoning .
Several property owners in the area of the proposed rezoning were present
as objectors to the rezoning request by KelletrWeiss ,
Alderman Hanback moved to deny the request of Kellett-Weiss to rezone
real estate , seconded by Alderman Harker . Alderman Smith asked how
long the Band had been owned by the Petitioners . Kellett-Weiss responded
it had been owned only a few months . Alderman Hanback stated it was
the general policy of the City Council to go along with the people of
the area in question . Roll call vote was taken as follows :
Wolff - Aye Hanback - Aye Simmons - Aye
Beach Aye Harker - Aye Smith - Aye
Motion carried 6-0 .
202 Page 4
Bids on the sale of the 77 Pontiac LeM,ans will be opened at the May 11 ,
1978 meeting .
Alderman Beach read the Plan Commission minutes recommending approval
of the plat submitted by Charles Whitfield for Dr . Cassimir Bassak
with the change of name from Pavillion Acres to Acadia Acres due to a
conflict in naming . Alderman Beach moved to approve the final plat
of Acadia Acres . seconded by Alderman Wolff . Roll call vote was taken
as follows :
Wolff - Aye Hanback - Aye Simmons - Aye
Beach - Aye Harker - Aye Smith - Aye
Motion carried 6-0 .
STREETS & ALLEYS - Alderman Wolff moved to authorize the City Engineer to
send out for bids on the West Alley Parking black-topping project with
the City being responsible for the area around the pumphouse and the grad-
ing to be done by the City . The motion was seconded
by Alderman Smith . Illinois Bell Telephone Company is agreeable to the
curbing on their property and will contact Mr . Groner regarding the
curbing for his property . Roll call vote was taken as follows :
Wolff - Aye Hanback - Aye Simmons - Aye
Beach - Aye Harker - Aye Smith - Aye
Motion carried 6-0 .
Alderman Wolff presented the cost estimate of repairing the City side-
walks at $9 ,400 and fully replacing them at $21 ,000 . The sidewalk
project is tabled until the traffic signals are completed at the
Van Emmon-Bridge Street intersection . The project was referred to the
Business C Economic Development for a recommendation and meeting with
the property owners involved in the project .
Alderman Beach moved to expend approximately $90 , 000 for the Fox Road
and storm sewer improvements from M . F .T . & M . V .T . funds , seconded
by Alderman Wolff . Alderman Hanback excused himself from the meeting
at 9 : 50 P . M . Roll call vote was taken as follows :
Wolff - Aye Harker - Aye Simmons - Aye
Beach - Aye Smith - Aye
Motion carried 5-0 • Alderman Hanback was absent from voting .
Alderman Wolff moved to send out for bids to find out if we have the
funds available to fill the potholes and seal -coat the streets as to their
priority needs , seconded by Alderman Beach . Roll call vote was taken as
follows :
Wolff - Aye Harker - Aye Simmons - Aye
Beach -Aye Smith - Aye
Motion carried 5-0 • Alderman Hanback was absent from voting .
WATER - Alderman Wolff moved that Davis Construction Company be
excluded from the landscaping portion of the river crossing water main
break and have McNelis Landscaping do the landscaping necessary to
restore the land to it ' s original condition. The motion was seconded
by Alderman Smith . Roll call vote was taken as follows :
Wolff - Aye Harker - Aye Simmons - Aye
Beach - Aye Smith - Aye
Motion carried 5-0 . Alderman Hanback was absent from voting .
HEALTH & SANITATION - Clean-up Days are scheduled for the north side
on May 8 , 1978 and the south side on May 15 , 1978 •
Director Madden stated the house has been disposed of on the McHugh
Page 5 2 Q 3
property. Russ Chapman has requested the City pay part of the expense in
tearing out the old fenceline along the Fast side of the McHugh property .
Attorney Dickson was authorized to send a letter to Holman Horton , Jr . ,
to clean up the property on West Main Street he owns as he has been
requested several times to do.
SEWERS - Alderman Harker rescheduled the Sewer Committee meeting for
Monday , May 8 , 1978 at 7 : 30 P . M . at the Water Tower Conference Room.
Alderman Wolff has contacted the Y . B . S . D . regarding Mezger ' s proposed
subdivision and the possible need for an interceptor . Alderman Harker
will invite Mr . Mezger to attend the Y . B . S . D . meeting scheduled for
May 15 , 1978 .
FINANCE - Alderman Simmons moved to amend the Budget to allocate $ 1 ,000
to the Kendall Family and Youth Services out of Revenue Sharing funds ,
seconded by Alderman Smith . Alderman Beach stated he felt it was a
worthwhile program , however , the City government was getting hit by
requests for funds from all sides and they would eventually need to
draw the line at some time as to priorities . Alderman Simmons stated for
every dollar the Kendall Family and Youth Services generated locally ,
they can get matching funds from the government . Alderman Beach stated
the City should have some basic guide lines to follow. Roll call was
taken as follows :
Wolff - Aye Harker - Aye Simmons - Aye
Beach - Nay Smith - Aye
Motion carried 4- 1 . Alderman Hanback was absent from the voting .
Alderman Simmons moved to adopt the 1978-79 Budget with the preceding
change , seconded by Alderman Wolff. Roll call was taken as follows :
Wolff- Aye Harker - Aye Simmons - Aye
Beach - Aye Smith - Aye
Motion carried 5-0 . Alderman Hanback was absent from the voting .
LIBRARY BOARD - Alderman Harker moved to order and install a water cooler ,
at an approximate cost of $600 , in the library building , seconded by
Alderman Wolff . Roll call vote was taken as follows :
Wolff - Aye Harker - Aye Simmons - Aye
Beach - Aye Smith - Aye
Motion carried 5-0. Alderman Hanback was absent from voting .
Alderman Wolff moved to adjourn the meeting at 10 : 15 P . M . , seconded
by Alderman Harker .
Respectfully Submitted ,
CIT CLER
Approved By : {
MAJ R
4,
s
CITY OF YORKVILLE
COMMITTEES MAY, 1978 - APRIL; 1979
CON5IITTEE CHAIRMAN MEMBERS
Building $ Zoning Simmons Smith - Hanback
Emergency Services & Disaster Wolff Harker - Simmons
Finance Simmons Harker - Hanback
Future Planning Harker Smith - Wolff
�
7 - Beach
ealth & Sanitation Hanback Wolff
:.fights, Telephone $ Gas Smith Harker - Beach
Police Wolff Beach - Harker
Public Property $ Buildings Beach Wolff - Simmons
Sewers Harker Wolff - Hanback
Streets $ Alleys Beach Smith - Hanback
Trees $ Parks Hanback Smith - Simmons
Water Smith Simmons - Beach
BUSINESS & ECONOMIC DEVELOPMENT COMMISSION - Beach
C.IA IBER OF COMMERCE - Wolff
r'J%LaN RESOURCE COMMISSION - Smith
KT'XD ALL COUNTY EMERGENCY SERVICES & DISASTER - Wolff
LIBRARY BOARD - Harker
?.-ARK COMNISSION - Smith
?LAN COINIMISSION - Simmons
RED CROSS REPRESENTATIVE - Hanback
TENNIS COURT COMMITTEE - Beach
YORKVILLE BRISTOL SANITARY DISTRICT - Harker
EMERGENCY SERVICES & DISASTER DIRECTOR - Al Spera
CITY ATTORNEY - Fred Dickson
CTTY ENGINEER - Robert H. Anderson of Crawford, Murphy
& Tilly, Inc.
BUDGET OFFICER - Marilyn Merkel (Appointed by Council)
The Mayor is an ex-officio member of all
committees and requests that committee
meetings be held whenever possible on
Thursday nights so as to not conflict with
the various commissions which meet on Monday
and Tuesday nights.
t
BUSINESS & ECONOMIC DEVELOPMENT COMMISSION 3 Year Terms
Phil Dalton, Chairman - 1980
John Steinwart - 1979
Charles Stading - 1980
Bob Mackie - 1979
Bill King - 1981
Dick Zeiter - 1981
Dave Schindlebeck - 1980
,4alter Olsen - 1981
Dr. Robert L. Van Laningham - 1979
Ex-officio members: Larry Beach, Alderman
Dr. Robert Coleman, Chairman Plan Commission
LeRoy Thanepohn, Mayor
HU�L4N RESOURCE COMMISSION 3 Year Terms
Greg Smiley, Chairman - 1979
Bill Carpenter - 1980
:ary Ellen Ellis - 1980
Jeaness Medin - 1979
Bessie Lough - 1981
Richard Mau - 1981
Identa Austin - 1981
Ex-officio members: Hershel Smith, Alderman
LeRoy Thanepohn. Mayor
ZONING BOARD OF APPEALS 5 Year Terms
Martin Behrens, Chairman - 1983
Tom Lindblom - 1982
Donald Walters - 1982
Ronald Robb - 1981
Delmar Becker - 1979
C. Richard Ellis - 1984
LIBRARY BOARD 3 Year Terms
:Mary Jo Gardner - 1980
Carol Munson - 1980
Wayne Gutzwiler - 1981
Martin Behrens - 1980
Clara Rezash - 1979
Linda Hanback - 1979
Robert Yuill - 1979
Joyce Skinner - 1981
Bert Erickson - 1981
PLAN COMMISSION 4 Year Terms
Robert J. Coleman, Chairman - 1979
Fred Dollman, Secretary - 1980
Mary K. Price - 1981
Harold Feltz - 1981
Lawrence Langland - 1980 j
Robert Mahoney - 1979
Dale Woodworth - 1979
Steve Franks - 1979
James Kenton - 1982
Ex-officio members: Roger Simmons, Alderman
Martin Behrens, Chairman Zoning Board of Appeals
LeRoy Thanepohn, Mayor
PARK COD!%4ISSION 3 Year Terms
Joyce Ward, Chairperson - 1980
Mark Johnson - 1980
Dick Walker - 1979
Lawrence Gardner - 1979
Betty Huston - 1981
RECREATION DIRECTOR
Rick Dalton
COMMUNITY CENTER COMMITTEE CHAIRMAN - Richard Mau
GRANT OF PERMANENT EASEMENT
KNOW ALL MEN BY THESE PRESENTS that we, THOMAS JEROME
4
McNELIS and BARBARA JEAN McNELIS, husband and wife, of the United
1i
City of the Village of Yorkville, Kendall County, Illinois, being
the owners of the parcel of real estate hereinafter described,
situated within the Village limits of the United City of the
Village of Yorkville, Kendall County, Illinois, for and in con-,
sideration of the sum of ONE ($1. 00) DOLLAR and other good and
valuable considerations, paid by the United City of the Village
of Yorkville, County of Kendall, State of Illinois, the receipt
whereof is hereby acknowledged, do hereby give, grant, and quit
claim unto the United City of the Village of Yorkville, Kendall
County, Illinois, a permanent easement for the installation,
construction, improvements, operation and maintenance of public
And private utilities, under, upon and across the following
described land, to-wit: (SEE ATTACHED LEGAL DESCRIPTION)
To have and to hold the said easement unto the said
United City of the Village of Yorkville, Kendall County, Illinois
for the installation, constructions, improvements, operation and
maintenance of public and private utilities thereon, including
but not specifically limited to sewer interceptor and lines, and
water mains.
It is expressly understood and agreed by and between the
parties hereto that the grantee, the United City of the Village of
Yorkville, Kendall County, Illinois, herewith covenants and agrees
following the construction and installation of any equipment or
apparatus to private or public utilities, to restore said parcel
�&V of real estate to its condition prior to the commencement of
Jn ,
installation and construction of the said equipment and apparatus.
GOLDSMITH, THELIN, $CHILLER & DICKSON y
ATTORNEYS AT LAW
MERCHANTS NATIONAL BANK BLDG.
AURORA, ILLINOIS 60507 ✓'��
J.0. BOX 1485 r�
ARID CODE 812-058.2000
Aft
The Grantors herewith covenant and agree that they
shall not, and that their successors and assigns shall not, at
any time hereafter, construct or cause to be constructed upon the
strip of land herein described any structures or improvements
of a permanent, nature which might or could interfer with the
easement herein granted to the United City of, the Village of
Yorkville,- Kendall County, Illinois.
IN WITNESS WHEREOF, the Grantors, Thomas Jerome McNelis and
Barbara Jean McNelis, husband and wife, have hereunto set their
hands and seals this .28th day of April, 1978.
Thoa& Jerome McNelis .
C-)
Barba . Jean McNelis
STATE OF ILLINOIS )
SS
COUNTY OF KENDALL )
I, the undersigned, a Notary Public in, and for the
County and State aforesaid, do hereby certify that THOMAS JEROME
McNELIS and BARBARA JEAN McNELIS, personally known to me to be
the same persons whose names are subscribed to the foregoing
instrument, appeared before me this day in person and acknowledged
that they signed, sealed and delivered the said instrument as their
free and voluntary act, for the uses and purposes therein set forth.
Given under my hand and Notarial seal this 28th day of
1978.
r
tary Pub is
ACCEPTANCE OF EASEMENT
The United City of the Village of Yorkville, Kendall
County, Illinois, a municipal corporation, herewith accepts the
within and foregoing grant of easement.
Approved. by the City Council of the United City of the
Village of Yorkville, Kendall County, Illinois, on the a7& day
GOLDSMITH. THELIN, $CHILLER & DICKSON
ATTORNEYS AT LAW
MSNCHANTS NATIONAL BANK BLDG.
AURORA, ILLINOIS 60607
.F.0. Box 1480
ARSA COD[211-059.3100
��• F 1
of April, 1978.
Signed by me as Mayor of the United City of the Village
of Yorkville, Kendall County, Illinois, this ;�-2ZC-day of April,
1978.
w� a r
Lb
ity Clerk
j
,
GOLDSMITH, THELIN. SCHILLER & DICKSON
ATTORNEYS AT LAW
MERCHANTS NATIONAL BANK BLDG.
AURORA. ILLINOIS 60607
P. O.sox 1468
AREA CODE SIX-6864200
The Northerly 20 feet of the following described parcel of property :
That part of the Southwest quarter of Section 33 , Township 37 North ,
Range 7 East of the Third Principal Meridian Described as follows :
Beginning at the northeast corner of Lot 8, Edgewood Third AdditiOg ,
in the City of Yorkville , Kendall County, Illinois ; thence North 0
29 ' 40" East along the east line of said Third Addition 193 .19 feet
to the Southeast corner o& Edgewo.od Fourth Addition in said City of
Yorkville ; thence North 0 37 '08" East along 0the east line of said
Fourth Addition 239, 75 feet ; thence North 86 53 ' 30" East 510 .25
feet to the westerly line of the former right of way of the Fox and
Illinois Union Railway Company ; thence southerly along said westerly '
line, being alongg` a curve to the left having a . radius of 1067 .52 feet
and having radial bearing of Nor", 84° 46 ' 41 " East at the last described
point ,88,78 feet ; thence South 09 ` 59 ' 14" East along said Westerly line
113 .40 feet; thence southerly along said westerly line , being along
a curve to the right having d radius of 870 ,47 feet which is tangent
to the last described course at the. l.ast described point 330 ,22 feet
to the southerly 1.4ne of . Walter Street extended easterly ; thence North
820 54 ' 00" West{41ong said southerly line extended 544 .30 feet to
the point of begibing in the United City of the ' Village of Yorkville ,
;,,,.5,endail County , I � inois .
i
FILED FOR RECORD
KENDALL COUNTY!
DOCK 79, — ;-Z9
41,' P
MAY 101978 o ►�
-
RECORDER OF NEEDS
GOLDSMITH. THELIN. SCHILLER & DICKSON
ATTORNEYS AT LAW
MERCHANTS NATIONAL SANK 9LD6.
AURORA. ILLINOIS 60507
r.O.SOK 1485
AREA CODE 812-868.2800
,rp IN
_..
«► �r
y. GRANT OF PERMANENT EASEMENT.
KNOW ALL MEN BY. THESE PRESENTS that We THOMAS -JEROME McNELIS .
and BARBARA JEAN McNELIS , , husband ..and wife , of the United City of
the Village of Yorkville , Kendall County, Illinois , being the owners
of the parcel of real estate hereinafter described , situated Within
the Village limits of the United City. of the . Village of Yorkville ,
,Kendall County, I,llinois , for and in consideration of the sum. of
ONE ($1 .00) DOLLAR and 'other good and valuable considerations , paid
by the United City of the Village of; Yorkville , County of. Kendall ,
State of Illinois , the receipt. whereof is....hereby acknowledged , due
hereby give, grant `and. quit .claim unto, the United 'jCity of the Village
of Yorkville , :Kendall County, Illinois , a permanent easement for
roadway purposes and for the installation,' construction , improvement ,
operation and maintenance of public and •priv.ate .utilities ; un.der ,. .
upon and across , the following described land , to-wit ;
( SEE ATTACHED LEGAL DESCRIPTION)
To have and to hold the s'ai.d. easement unto the said. United City
of the Village of Yorkville , Kendall . County , 1.11inois , for said roadway
purposes and for the installation , construction , improvement , operation
and maintenance of public • and private. utilities therein and thereon .
It is expressly understood and agreed by and between the
parties hereto that the grantee , the United ClAy_of the Village of. '
Yorkville ,, ,Kendall County.., Illinois , her ewith;, covenants and agrees ;
4
following the construction and insta11ation , af any equipment o.r
apparatus to private or public utilities ,.' to =restore aid parcel of
real estate .to .its condition, prior to the commencement of installation
and construction of the `s"a:i d equI pment,, and apparatus 4
The Grantors herewith covenant and . agree that they shall -not ,
. and that their successors and . assign$. shall ' not - at any- time hereafter.,
construct- or cause to be constructed upon .the. strip of land herein
described any structures or improvements of a permanent nature which
might' or could interfer `with - the easement herein granted to the
United City of the ' Vil.lage of- Yorkville-, Kendall- County , Illinois .
. • - 1.
b
t
IN WITNESS WHEREOF, . the Grantors, THOMAS ' JEROME McNELIS and
BARBARA JEAN McNELIS, husband and wife , have hereunto, set their ..
hands and seals this 130 day, of April , 1978 .
th
omas erolpe MCNe I 1s
i
ar ara- ea. MqNelis'
STATE OF ILLINOIS)
SS
COUNTY OF KENDALL)
I , the undersigned, a Notary Public in , and for the County and
State aforesaid , do hereby certify that THOMAS JEROME McNELIS and
BARBARA JEAN McNELIS, personally known to me to be the same persons
whose names are subscribed to the foregoing instrument , appeared
before me ' this day in person and acknowledged that they signed , sealed
and delivered the said instrument as .their free and , voluntary act ,
for the uses and purposes therein set forth ..-
Given under.. my hand', .and Notarial seal this day of Ap'ri1 ,
1978.
t ' of ry u 1
f' ACCEPTANCE OF EASEMENT
The United City of the Village of Yorkville , Kendall County ,
Illinois , a municipal corporation , herewith accepts the within and
foregoing grant of easement . .
Approved by the City Council of the United City of. the Village
of Yorkville , Kendall County, Illinois , on the 13th day of April , 1978 .
Signed by me as Mayor of the United City of the Village of
Ydrkvi-11e; .Kendall. County ,, Illinois , this .?7� day of April , 1978 .
o r
AT7� -T, A
City Clerk r
S ,
The Westerly 60 feet of the following described parcel of land :
That part of the Southwest Quarter of Section 33 , Tgwnship 37 North ,
Range 7 East of the Third principal Meridian Described as follows :
Beginning at the northeast corner of Lot 8, Edgewood Third Addition ,
in the City of Yorkville , Kendall County , Illinois ;thence North 0
29 ' 40" East along the east line of said ' Third Addition 193 .19 feet
to the' Southeast corner oS Edgewood Fourth Addition in said City of
Yorkville ; thence North 0 37 ' 08" East along the east line of said
Fourth Addition 239 ,75 feet ; thence North 86o 53 ' 30" East 510 .25 feet
to the westerly line of the former right of way of the Fox and Illinois
Union Railway Company; thence southerly along said westerly line , being
along a curve to ,the left aving a radius of 1067.52 feet and having
radial. bearing of North 84 86141 " East at the last described point ,
88 .78 feet; thence South 09 59 ' 14" East along•- sai.d Westerly line.
113 ,40 feet; thence southerly. along said westerly line , being along
a curve to the right having a radius of 870 .47 feet which is tangent
to the last described course a,t the last described point 330.22 feet
to the southerly line of Walter Street extended easterly; thence North
820 54 ' 00" West along said southerly line extended 544 .30 feet to the
point of beginning in the :,Uni-ted: City. of the, .Village of .Yorkville ,
Kendall County,. 111. inois .
f -
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EDLED FOR'
1D L
DOC
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ti
MAY 10
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ORDINANCE NO.
1978 — 1979 BUDGET ADOPTION ORDINANCE
AN ORDINANCE ADOPTING THE BUDGET FOR ALL CORPORATE
PURPOSES OF THE UNITED CITY OF THE VILLAGE OF
YORKVILLE, KENDALL COUNTY, ILLINOIS, IN LIEU OF
THE APP$'9PRIATION ORDINANCE FOR THE FISCAL YEAR
COMM'PNCING THE FIRST DAY OF MAY, 1978 , AND
ENDING ON THE THIRTIETH DAY OF APRIL, 1979.
WHEREAS, on April 130, 1978, there was submitted to the
Mayor and the City Council of the United City of the Village of
Yorkville, Kendall County, Illinois, a proposed budget for all
corporate purposes of the United City of the Village of Yorkville,
for the fiscal year commencing on the first day of May, 1978,
and ending on the thirtieth day of April, 1979; and
WHEREAS, a Public Hearing on said proposed. budget wag
conducted on April 27th, 1979, pursuant to legal notice published
in the Kendall County Record, a newspaper having a general cir-
culation within the United City of the Village of Yorkville,
Illinois, on the 13th and 20th day of April, 1978; and
WHEREAS, the above procedure is in conformance with
the United City of the Village of Yorkville ordinances; and
WHEREAS, the United City of the -Village of Yorkville„
has pursuant to statutes of the State of Illinois, enacted an
Ordinance adopting the budget procedure in lieu of an appropria ,
tion ordinance;
NOW, THEREFORE, BE IT ORDAINED by the City Council of
the United City of the Village of Yorkville, Kendall County,
Illinois, that the budget for all corporate purposes for the
United City of the Village of Yorkville, Kendall County,• Illinois,
GOLDSMITH. THELIN. SCHILLER & DIcKSON
ATTORNEYS AT LAW
MERCHANTS NATIONAL WANK SLOG.
AURORA. ILLINOIS 60507
P.O.SOX 14S/
ARIA CODE 812-059-9300
for the .fiscal year commencing on the first day of May, 1978,
and ending on' the thirtieth day of April, 1979# in which budget,
as amended, ids incorporated by reference as a public record, is
i
hereby adopted.
BE IT FURTHER ORDAINED that the Budget Adoption
Ordinance is inn lieu of the statutory appropriation ordinance, -
and that the following amounts as set forth upon the attached
budget for the various corporate purposes shall constitute the
aggregate amount of the appropriation for the United City of
the Village of Yorkville, Kendall County, Illinois.
THIS ORDINANCE shall be in full force and effect
from and after its passage and approval as provided by law.
PASSED THIS day of APRIL, 1978.
City Clerk
da , 1978.
APP$OVED TH IS of APRIL
_� day
.of
GOLDSMITH.-THELIN. SCHILLER & DICKSON
ATTORNEYS AT LAW —
MSRCHANTS NATIONAL BANK BLDG.
.AURORA. ILLINOIS 60507
F.O.BOX 1409
ARC^COD[S/S+4N.f000
n
•° A
® L t
f
F ORDINANCE NO. p
AN ORDINANCE TO LICENSE AND REGULATE
AMUSEMENT DEVICES, BILLIARD PARLORS AND
PINB,�,LL MACHINES IN THE UNITED .CITY OF THE
VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS.
a
WHEREAS, The United City of the Village of Yorkville
has prohibited amusement devices within. the United City .of the
Village of Yorkville, commonly known as pinball machines, and
WHEREAS, The City Council has reconsidered its decision,
and does not consider such devices malum per se, but does recognize
the need for regulation of the use of such devices.
NOW, THEREFORE, BE IT ORDAINED by the City Council of
s
the United City of the Village of Yorkville, as follows:
Section 1. DEFINITIONS
(a) "Pinball" , shall mean a game played with any number
of balls or spheres upon a table or board having holes, pockets ; ,
or cups into which such balls or spheres may drop or become lodg' od,
r'l '
in having arches, pins and springs, or any of them, to control, .. ,
deflect, or impede the direction or speed of the ball or spheres
in motion by the player.
(b) "Mechanical Amusement Device" , shall mean any `
machine which upon the insertion of a coin, slug, token, plate
or disc, may be operated by the public generally for use as a
game, entertainment or amusement, whether or not registering a
score. It. shall include such devices as marble machines, pinball
machines, skillball, mechanical grab machines, pistol ranges,
baseball games, bowling games, tennis games, and any and all
devices referred to as arcade 'equipment, and all games and opera-
GOLDSMITH. THELIN. $CHILLER & DICKSON
ATTORNEYS AT LAW
MtRCHANTS NATIONAL BANK BLDG.
AURORA. ILLINOIS 60507
..
F.O.BO% 14"
AIM CODB 912-09640M
tions similar thereto under whatever name they .may be indicated.
It shall also include those amusements operated by remote control,
whether or not actuated by insertion of a coin. For purposes of
this section, the ,term "mechanical amusement devices" shall not
include mechanical devices commonly known as "kiddie rides" , or
"carnival amusement rides" designated for child or adult amusement
rides or music machines.
Section 2. LICENSE REQUIRED
No person, firm or corporation shall operate, maintain,
or conduct a billiard table, pool table or pinball machine or
amusement device open to public without first having obtained. a
license therefore, .as herein provided. All application for such
licenses shall be made to the City Clerk, and shall state thereon
the intended location of the place of business and the number of
tables, pinball machines .or amusement devices to be used therein.
Section 3. APPROVAL OF APPLICATIONS BY THE CITY COUNCIL;
ISSUANCE AND RENEWAL THEREOF
The application for license required by this Article
when filed, shall be referred to the City Council, which shall
issue or cause to be issued, to such applicant, a license author-
izing the keeping, conducting or operating of such billiard, pool
table, or pinball machines, as the case may be, at the place
described in such application, for and during the term of such
license. A license shall not issue, however, to the following
person or persons:
(1) A person who has been convicted or a felony under
the laws of the State of Illinois;
(2) A person whose license issued under this Article
has been revoked for good cause;
GOLDSMITH. THELIN, SCHILLER & DICKSON page —2—
ATTORNEYS AT LAW
WIMCHANTB NATIONAL BANK sLDO.
AURORA. ILLINOIS 60007
F.O.sox 14"
ARKA CODE 919-09040M
- - ;
(3) A person who at time of application for renewal
of any license issued under this Article, would
not be eligible for such license upon first appli-
cation;
(4) A partnership, unless all of the members of such
partnership shall be qualified to obtain a license;
(5) A person whose place of business is conducted by
a manager or agent, unless the manager or agent
possesses the same qualifications required of the
licensee;
(6) A person who does not own the premises for such a
license unless said person has valid lease for the
full period for which the license is to be issued;
(7) A person who has been convicted of any crime or
misdemeanor involving moral turpitude.
Section 5. LICENSE FEE
The annual fee for any license required by this Article
shall be Ten Dollars ($10.00) for each table, machine, or- mechanical
amusement device.
Section 6. PARTIAL FEE
If at the time application is made for a license required
by this Article for less than six -(6) months of the current license
year shall have expired, the full fee shall be charged for any
such pool table, billiard table, such pinball machines or amusement
devices. If more than six (6) months of such current year shall
have expired, the license fee for one-half the full fee shall be
charged for such billiard table, pool table, pinball machine, or
such mechanical amusements device for such portion of the current
license .year .that shall remain unexpired.
Section 7. LOCATION OF PREMISES
In accordance with the provisions of the zoning ordinance
of the United City of the Village of Yorkville, under no circumstances
GOLDSMITH. THELIN. $CHILLER & DICKSON page -3-
ATTORNEYS AT LAW
MOtCHANTS NATIONAL SANK OLD&
AURORA. ILLINOIS 60807
P.O.SOX 14"
MCA CODS SIf-StS.>/s00
✓ r
shall a license be issued for the operation of any billiard
table, pool table, pinball machine or mechanical amusement
device business, unless such parlor or business; is located in
a B-2 general business district, or B-3 service business
district classification.
Section 8. HOURS OF OPERATION
All places of business licensed under this article,
with the exception of those places holding liquor' licenses,
shall be closed, and kept closed each night, from 12:00 mid-
night, until 8:00 a.m. the following morning.
Section 9. MINORS PROHIBITED
Minors under the age of 18 shall not under any cir-
cumstances, frequent, loiter, or go or remain in a place
licensed hereunder for the sale of liquor. It shall be unlawful
for the proprietor or manager of such place so licensed for
the sale of liquor, to allow or permit these minors to frequent
or loiter, or remain within the premises or designated area in
which said pinball machines, amusement devices or billiard
tables are located.
Section 10. REVOCATION OF LICENSE
The Mayor may revoke or suspend any license issued
by the City Council if the Mayor determines the licensee has
violated any of the provisions of this Ordinance or is convicted
of a felony or any crime or misdemeanor involving moral turpitude.
However, no such license shall be sold, revoked or suspended
except after a public hearing by the Mayor with a three (3) day
GOLDSMITH. THELIN. SCHILLER & DICKSON page -4-
ATTORNEYS AT LAW
NOICNANTS NATIONAL BANK*LOO.
AURORA. ILLINOIS 60507
F.O.*OX 1486
A*BA COOB 515-8604800 - -
written notice to the licensee affording the licensee an
opportunity to appear and defend. All such hearings shall be
open- to the public and the Mayor shall reduce all evidence to
writing and shall maintain an official record of the proceedings.
If the Mayor has reason to believe that any continued operation
of a particular licensed premises will immediately threaten the
welfare of -the community he may, upon the issuance of a written
order, stating the reason for such conclusion,' and without notice
or hearing, order the licensed premises closed for not more than
seven (7) days, except that if such licensee shall also be engaged
in the conduct of another business or businesses on a licensed
premises, such order shall not be applicable to such other business
or businesses.
All orders of suspension or revocation by the Mayor
and following hearing shall, within five (5) days from the date
of entry of such order, be served upon the licensee. All orders
of the Mayor regarding suspension or revocation of a license shall
be appealable to the Circuit Court or such other court as provided
by law.
Section 11. MANUFACTURERS OR DISTRIBUTORS
No manufacturer or distributor, or any other person,
shall sell, lease, supply or deliver any billiard table or pool
table, pinball machine or amusement device to any premises within
the City unless the owner or lessee thereof, shall first obtain
and display to the manufacturer or distributor, a current, valid
City license for such table or machine, or mechanical amusement
device.
N
GOLDSMITH. THELIN. $CHILLER & DICKSON
ATTORNEYS AT LAW page -5-
NIMCHANTS NATIONAL SANK SL04.
AURORA, ILLINOIS 60807
P.O.SOX 14M _
AREA CODL S1f-SR.fSOp
. • :�
Section 12. REPEAL OF INCONSISTENT ORDINANCES
This�Ordinance shall take effect from and after
its passage and publication according to law, and shall repeal
all prior ordipances, or part thereof only insofar as the same
are consistent with valid provisions of this Ordinance.
PASSED this o?�? day of 1978.
I _ .
City C16rk
APPROVED this - day of , 1978.
ayo
L/2
/ N
GOLDSMITH. THELIN. SCHILLER & DICKSON page -6-
ATTORNEYS AT LAW
NQCHANTS NATIONAL SANK SLDO.
AURORA. ILLINOIS 60507
F.O.Sox I.NS
AIWA CODS,If-oft aaft