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City Council Minutes 1976 07-28-76 19 July 28 , 1976 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE , ILLINOIS HELD AT THE CITY HALL JULY 28 , 1976 . Mayor Thanepohn called the meeting to order at 8 : 01 P .M . and adjourned the meeting to reconvene at Circle Center School at 8 : 15 P . M . At this time he led the Council in the Pledge of Allegiance to the Flag . Roll call was taken as follows : Ward 1 - Beach Ward 2 - Erickson Ward 3 - Simmons Wolff Groner Smith A quorum was established . Guests included many Senior Citizens and residents of Countryside Center Subdivision , Mike Morey a representative of Madsen Development Corporation and Attorney Tom Grant . The reading of the minutes was waived . Alderman Wolff moved the minutes be approved , seconded by Alderman Smith . Motion carried . ATTORNEY ' S REPORT - Alderman Smith moved to approve the Ordinance Regulating Traffic Upon the Public Streets of the United City of the Village of Yorkville , Providing for Stop and Yield Intersections , for the Erection of Traffic Control Devices at Certain Intersections , and Providing a penalty for the Violation Thereof , seconded by Alderman Simmons . Roll call was taken as follows : Beach - Aye Erickson - Aye Simmons - Aye Wolff - Aye Groner - Aye Smith - Aye Motion carried . (*See Attached Copy) The Levy Ordinance will be drawn up before the end of August by Attorney Dickson . MAYOR ' S REPORT - Mayor Thanepohn reported on the meeting of July 15 , 1976 in regards to the blight areas of the City and asked each Alder- man to do his part in taking care of blight areas in their Wards , and refer to the Department Heads any violations or problems incurred . A letter from Michael Pfaff of the I . C . C . was read in regards to the Conover Subdivision . John Conover does not claim ownership of the water or sewer lines , therefore , making it a public utility and since it is not a public utility a letter has been sent to the I . C . C . for clarification . The City of Yorkville will commence the collection of water and sewer fees for the Conover Subdivision . In September a Youth Representative will attend the City Council meetings presenting opinions , problems and needs of the Youth of the Community for discussion before the Council and providing a direct avenue back to the Youth of the City . Alderman Erickson made a motion that Mrs . Robert Skinner be appointed to the Library Board , seconded by Alderman Smith . Motion carried . Yorkville will initiate its own Facilities Impact Study to establish a liason between the Mayor , School District , Bristol /Kendall Fire 20 Page 2 July 28 , 1976 Department , Yorkville-Bristol Sanitary District , Public Works Director and the Chief to set up guide lines for any development or sizeable impact within the Community . Notice was received from Commonwealth Edison and referred to Alderman Erickson on a hearing for proposed change of terms and conditions . NEW BUSINESS - Alderman Erickson made a motion to approve Blaine Harker ' s request for water and sewer construction permits in Harker ' s Subdivision , Unit 2 , seconded by Alderman Simmons . Motion carried . The specifications have been studied and approved by the Engineer and Director of Public Works and Certificates of Deposits received . An up-to-date Budget Report was submitted by the City Treasurer . STREETS & ALLEYS - The Engineer reported the preliminary work was done for East Main Street . The documents for State of - Il.l . would be ready for the next meeting . Alderman Simmons made a motion to authorize the Mayor to sign the documents to accompany request to expedite the East Main Street work , seconded by Alderman Wolff . Roll Call was taken as follows : Beach - Aye Erickson - Aye Simmons - Aye Wolff - Aye Groner - Aye Smith - Aye Motion carried . Alderman Simmons moved to authorize the Mayor to spend up to $75 ,000 to cover the street work , seconded by Alderman Wolff . Roll Call was taken as follows : Beach - Aye Erickson - Aye Simmons - Aye Wolff - Aye Groner - Aye Smith - Aye Motion carried . WATER - Alderman Wolff reported that bids were mailed `- for Wellhouse # o be opened at the August 12 , 1976 meeting . Alderman Wolff called for a committee meeting , August 5 , 1976 at 8 : 30 P . M . at his home . POLICE - Alderman Smith authorized the Police Chief to purchase wind- breakers for $ 120 . 00 . TREES & PARKS - Alderman Groner reported the sign at the dam had been repainted and installed . The Kendall County Women ' s Republican Club thanke he City for the use ` of the City Park for their Ice Cream Social . LIGHTS , TELEPHONE & GAS - The light by the culvert on Fox Road, was referred to Elden Madden for obtaining prices . Alderman Erickson reported that to date there has been no construction of lights on Sunset Street . Alderman Erickson made mention of a newspaper article stating that Illinois Bell Telephone Rates will be increased . 21 Page 3 July 28 , 1976 BUILDING & ZONING - Alderman Beach , Chairman of the Building & Zoning Committee presented the recommendations of the Plan Commission and the Zoning Board of Appeals on the Ter-Jac Construction Company and Madsen Development Corporation Senior Citizen Housing project on lots Twenty (20) Twenty-One (21 ) , Twenty-Two (22) , Twenty-Three (23) & Twenty-Four (24) of Countryside Center Subdivision rezoning from R-2 to R-4 . The Plan Commission recommended by vote of 7-2 that the rezoning be approved from R-2 to R-4 . The petition was referred to the Zoning Board of Appeals to consider variances and because variances were outside of the standards as listed in Yorkville ' s Comprehensive Zoning Ordinance they were not allowed , but rather recommended to the City Council that the variances be allowed . Alderman Beach included the audience in his address and discussed key segments of the issue and also pointed out that Block 4 of Countryside Center had been listed erroneously as R-4 on the pro- motional map instead of the R-2 District as is was in fact zoned . Mayor Thanepohn read the Petition for Amendment of Zoning and Variances and also the Petition for Vacation of the East End of Dickson Court . The Mayor also read two additional Petitions . One of 617 signatures in favor of Rezoning and Variances and one of 67 signatures opposing rezoning . . Mr . Mike Morey , a Representative of Madsen Development Corporation then took the floor and addressed questions as presented by the City Council and members of the audience. Fire Chief , Russell Devick , was asked to give his opinion of the project as outlined by Madsen Corporation and also make recommen- dations on any changes he thought should be made in the interest of the safety of the occupants of the Senior Citizen Home . Attorney Tom Grant representing Mr . Rabe a Countryside Center Resident made his presentation stating that in his opinion the requirements of the Illinois State Statutes as well as the Yorkville Comprehensive Zoning Ordinance had not been complied with and that he thought the Petition should be referred back to the Plan Commission for further study . The meeting was adjourned for a 5 minute recess at 10 : 25 P . M. After reconvening the meeting, Mrs . Orrin Austin made a presentation on behalf of the Senior Citizens . Mayor Thanepohn then allowed both factions equal time to present their opinions and then called for a motion from the City Council . Alderman Beach moved that the City Attorney be directed to draft and submit an Ordinance and that the Petition to re-classify the Property be adopted to re-classify Lots 20 , 21 , 22 , 23 and 24 of Block 8 of Countryside Center , Unit #4 from R-1 /11-2 , Residential District Classification to R-4 , General Residence District Classification of the Zoning Ordinance of the City as passed and approved by the City on the 28th Day of March , 1974 , and may the property, by the terms 22 Page 4 July 28 , 1976 of the Ordinance automatically re-classify the property to an R-2 classification within 6 month should construction not commence within the 6 month period . The motion was seconded by Alderman Simmons . A discussion period followed by the Aldermen . Roll call was then taken as follows : Simmons - Aye Smith - Nay Wolff - Nay Erickson - Nay Groner - Nay Beach - Aye The motion failed by a 2-4 vote . FINANCE - Alderman Smith asked that anyone wishing to attend the Illinois Municipal League Annual Conference get registration forms from Mayor Thanepohn . Alderman Smith then moved to nominate Mayor Thanepohn as Delegate to the Illinois Municipal League Conference , seconded by Alderman Wolff . Motion carried . Alderman Smith also asked to combine a Finance meeting with the already scheduled meeting of the Water Committeel. August 5 , 1976 EMERGENCY SERVICES & DISASTER - Alderman Erickson reported that bids had been published but to date none had been received . LIBRARY BOARD - Alderman Erickson reported many new registrations and more out-of-town registrations . He also thanked the City Crew for the painting of the restroom . BI -CENTENNIAL CHAIRMAN - Alderman Groner reported the Pizza Hut wished to hold a Bi -Centennial party from 6-9 P . M . , August 2 , 1976 , and had obtained permission to use the land adjacent to the parking lot , with a band , and a request to taking beer outside . Mayor Thanepohn , as Liquor Commissioner said he would make the decision on the selling of alcoholic beverages and they would have to come to him with their request . . Mayor Thanepohn asked for a motion to adjourn the meeting . Alderman Wolff so moved , seconded by Alderman Simmons . . Motion carried . Respectfully Submitted By , For : it er Approved By : Mayo