City Council Minutes 1978 05-25-78 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED ` 0(#
CITY OF THE VILLAGE OF YORKVILLE , I. LLINOJ$ , HELD AT CITY HALL
MAY 25 , 1978 •
Mayor Thanepohn called the meeting to order at 8 : 00 P . M . and led the
Council in the Pledge of Allegiance to the Flag . Roll call was taken
as follows :
Ward 1 - Beach Ward 2 - Hanback Ward 3 - Simmons
Smith
Aldermen Wolff from Ward 1 and Alderman Harker from Ward 2 were
absent . A quorum was established .
Alderman Smith moved to waive the reading and approve the minutes
from the May 11 , 1978 meeting , seconded by Alderman Simmons . Motion
carried 4-0 . Alderman Wolff was absent from the voting .
ATTORNEY ' S REPORT - Attorney Dickson has submitted a draft of the
joint venture agreement with the West Alley property owners to
Mayor Thanepohn and Engineer Anderson .
Attorney Dickson submitted an Ordinance to the State ' s Attorney
providing for uniform penalty for overtime violation for parking
with a minimum fine of $5 . 00 .
CITY CLERK - Attorney Thomas Grant submitted on this date the
following :
1 . A Petition for Annexation & Re-zoning to Special Use by
Robert Mahoney , Hillside Nursing & Convalescent Home ,
Inc ., requesting R-2 , Special Use to continue nursing
home facilities and the two (2) lots south to office
zoning .
2 . An Application for Special Use by Ronald Wheaton &
Eugene Morrow to allow apartments above a first floor
business on lots 58 & 59 and the northerly 20 ft . of Lot
57 of Countryside Subdivision .
Alderman Smith moved to refer the Petition and Application to
the Plan Commission , seconded by Alderman Hanback . Motion carried
4-0 . Aldermen Wolff & Harker wereiabsent -from the voting .
The annual Illinois Municipal League Conference will be held
September 15 through September 18 , 1978 in Chicago . Registration
forms are available at the City Clerk ' s office .
PLAN COMMISSION - Alderman Simmons read the Plan Commission minutes
of the May 23 , 1978 meeting .
Alderman Harker arrived at 8 : 15 P . M .
In regards to Mezger ' s Yorkshire Estates the developer will pay
the entire cost of extending a 12" water main to the subdivision .
The City will pay the difference in cost between an 8" water main!
as, proposed and a 12" water main as required within the subdivision
and for this be granted variances regarding sidewalks , curbs &
gutters .
Mr. Mezger agreed that if storm sewers are needed they will be put
in , but he feels control by checks and swales will be sufficient .
21-0 Page 2 May 25 , 1478
Alderman Beach called a meeting for Thursday , June 1 , 1978 with the
Zoning Board of Appeals , Plan Commission & City Council to explain, and
discuss Mezger ' s Yorkshire Estates . The meeting will be held at 8 :00 P . M .
at City Hall . Following will be a meeting of the Streets & Alleys
Committee .
The Water Committee reached an agreement that the City will stand
the expense of increasing the water main size within the Yorkshire
Estates Subdivision should annexation , re-zoning and variances requested
for said subdivision be approved .
An Impact Study in regards to Mezgers Yorkshire Estates is scheduled for
June 15 , 1978 at 8 : 00 P . M . at the Water Tower Conference Room.
Yorkshire Woods is a County development of 8 lots requesting re-zoning
from Agriculture to R-2 zoning to accomodate single-family dwellings .
The City Plan Commission and the County Zoning Board voted to
recommend approval . The main concerns are the following :
1 . The length of the cul -de-sac is longer than required .
2 . The diameter of the cul -de-sac is smaller than required .
3 . The developer may have problems keeping maximum grades as re-
quired .
Following discussion , Alderman Beach made a motion empowering Attorney
Dickson to draw up a favorable Resolution to the Kendall County
Board in regards to Mezger ' s Yorkshire Woods petition containing the
Yorkville City Council and Yorkville Plan Commission ' s wishes to be
conveyed that ,the cull-de-sac ' righf-of-wa.y,. & -width of-- street``general ly
comply with the Yorkville Subdivision Control Ordinance and a ten ( 10)
year covenant to be included in regards to the property becoming
contiguous to the City and to empower Mayor Thanepohn to sign the
Resolution . The motion was seconded by Alderman Harker . Motion
carried 5-0 . Alderman Wolff was absent from voting .
BUSINESS & ECONOMIC DEVELOPMENT COMMISSION - Alderman Beach reported
the next meeting will be June 13 , 1978 at 8 : 00 P .M . at the Water Tower
Conference Room. At this time Bob Bushing of Clarage & Associates
will present a preliminary lot clarification of the East Alley that
will include delining properties .
Bids for the West Alley Parking Paving project were submitted as
follows :
Stahl Construction Company - $21 , 174 . 00
Aurora Blacktop , Inc . - $ 18 , 930 . 50
Davis Construction Company - $ 19 ,920 . 00
Alderman Beach moved the bids be referred to the Business & Fconomic
Development Commission for study. Portions can be deleted or adjustments
on the contract can be made . The motion was seconded by Alderman Smith .
Motion carried 5-0 . Alderman Wolff was absent from the voting .
Attorney Dickson stated that committment should be obtained from
the property owners before the contracts were signed.
Alderman Beach made a motion requesting the City Clerk to return
the bi'd bonds for the West Alley project to Stahl & Davis Construction
Companies with cover letters .
Alderman Beach amended his motion to include that Aurora Blacktop , Inc .
be permitted to substitute a bid bond for their certified check if so
desired , seconded by Alderman Hanback . Motion carried 5-0 . Alderman
Wolff was absent from the voting .
Page 3 May 25 , 1978 211
Mayor Thanepohn has spoken with railroad personnel regarding the
East Alley site , There will be an on-site meeting , June 2 , 1978 at
11 : 00 A. M . with lunch afterwards for more discussion .
HEALTH & SANITATION - Alderman Hanback reported Fox Valley Disposal
has increased their rates from $2 . 64 to $3 . 36 per unit due to wage
& dumping cost increases to them. Specifications will be set up for
bidding .
PUBLIC PROPERTY S BUILDINGS - Alderman Beach moved to have the neces-
sary emergency repair clutch work done on the City ' s Massey-Ferguson
tractor at an estimated cost of $800 . 00 , seconded by Alderman Smith .
Roll call vote was taken as follows :
Beach - Aye Harker - Aye Simmons - Aye
Hanback - Aye Smith - Aye
Motion carried 5-0 . Alderman Wolff was absent from the voting .
STREETS & ALLEYS - Alderman Beach moved to send out bids for the
Orange Street Sidewalk project , seconded by Alderman Harker. Roll
call vote was taken as follows :
Beach - Aye Harker - Aye Simmons - Aye
Hanback - Aye Smith - Aye
Motion carried 5-0 . Alderman Wolff was absent from the voting .
Engineer Anderson stated the Fox Road project has been resubmitted
6 times with the required corrections . The cost has been increased
to an estimated $ 100 , 000 to date .
Three (3) bids were submitted regarding the 1978 Drainage & Roadway
Improvements program as follows :
1 . Stahl ' s Construction Company - 590 ,460 . 81
2 . Aurora Blacktop , Inc. - $80 , 309 . 52
3 • Davis Construction Company - $82 ,902 . 00
Alderman Beach moved to refer the bids to the Streets & Alleys Committee
meeting scheduled for Thursday , June 1 , 1978 for study , seconded by
Alderman Hanback . Motion carried 5-0 . Alderman Wolff was absent from
the voting .
Mayor Thanepohn stated potholes in the residential section of Country-
side Center were a problem and in need of temporary repair . Engineer
Anderson responded that the problem was due mostly to contractor ' s
traffic and that temporary repairs only should be done at this time .
YBS BOARD - Alderman Harker reported Mr . Mezger will have to return
to the next YBS Board meeting .
TENNIS COURT COMMITTEE - Alderman Beach reported that Rick Dalton
will contact the Industrial Arts Department of the High School regard-
ing the making of signs for posting rules for the tennis courts and for
the tournament . The City will be asked to furnish the supplies and
the Industrial Arts Department to furnish the labor . Repairs have
been made to the nets . The tennis court lighting bids will be opened
June 15 , 1978 .
City stickers will go on sale June 1 , 1978 .
Alderman Simmons moved to adjourn the meeting at 9 : 45 P . M . , seconded
by Alderman Harker . Motion carried 5-0 .
Respectfully Submit t J(C1erk)
Approved By �' ayor)
RESOLUTION NO. 31� �97�
A RESOLUTION CONCERNING REZONING OF
CLASSIC LAND CONSULTANTS, INC. PROPERTY
FROM AGRICULTURAL CLASSIFICATION TO
R-2 CLASSIFICATION BY KENDALL COUNTY
WHEREAS, The United City of the Village of Yorkville
has considered a petition for reclassification and rezoning of
property presently owned by Classic Land Consultants, Inc. , from
County Agricultural (A-1) , to single family residential use
(R-2) , and
WHEREAS, the property described upon a petition of
Classic Land Consultants, Inc. as aforesaid, is within a mile
and one-half of the corporate. limits of The United City of the
Village of Yorkville, and
WHEREAS, The United City of the Village of Yorkville
wishes to give qualified approval to the reclassification and
rezoning as aforesaid, provided certain conditions and stipula-
tions are met, including specifically that restrictive covenants
be attached to the property requiring annexation of the property
described in the petition to The United City of the Village of
Yorkville, should the same become contiguous to the corporate
limits within the next ten (10) years; and provided further, that
all provisions of the subdivision control ordinance of The United
City of the Village of Yorkville be complied with in platting the
property, including the length and width of roads and right of ways
within the subdivision;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
The United City of the Village of Yorkville, that the petition of
Classic Land Consultants, Inc. , for reclassification and rezoning
GOLDSMITH, THELIN, SCHILLER & DICKSON
ATTORNEYS AT LAW
MERCHANTS NATIONAL BANK BLDG.
AURORA, ILLINOIS 60507
F. 0. BOX 1485
AREA CODE 312-859-3300
16%V
of a tract of land from County Agricultural (A-1) to single
family residential use (R-2) , be and the same is hereby approved
if and only if restrictive covenants be attached to the property
requiring annexation of the property described in the petition
to The United City of the Village of Yorkville, should the same
become contiguous to the corporate limits within the next ten
(10) years; and provided, further, that all provisions of the
subdivision control ordinance of The United City of the Village
of Yorkville be complied with in platting the property, including
the length and width of roads and right of ways within the sub-
division.
BE IT FURTHER RESOLVED, that a copy of this Resolution
be forwarded by the City Clerk for filing, with the County Clerk
of Kendall County, Illinois, prior to consideration of this matter
by the Kendall County Board June meeting.
BE IT FURTHER RESOLVED, that should the conditions not
be met by the petitioner, Classic Land Consultants, Inc. , prior
to consideration of this matter by the Kendall County Board, then
The United City of the Village of Yorkville wishes to state a
formal objection to the rezoning and reclassification of the property
by the petitioner.
PASSED THIS day of May, 1978.
Cit Clerk
SIGNED and APPROVED THIS day of May, 1978.
Ma
GOLDSMITH. THELIN, SCHILLER & DICKSON
ATTORNEYS AT LAW
MERCHANTS NATIONAL BANK BLDG.
AURORA, ILLINOIS 60507
P. O. BOX 1488
AREA CODE 312-859.3300 -