City Council Minutes 1974 03-28-74 FORM 601-49 ® U.S.A.
NreRrH 22 1974
MINUTES OF THE REGULAR MEETING OF THE MAYOR AND ALDERMEN OF THE UNITED CITY OF THE
VILLAGE OF YORKVILLE, ILLINOIS HELD AT THE CITY HALL ON MARCH 28, 197+ AT 8:25 PM.
Mayor Coleman called the meeting to order with the pledge of allegiance to the flag.
He then directed the Clerk to take the roll. Upon roll being taken, the following
Aldermen were present:
1st Ward-Madden 2nd Ward-Hanback 3rd Ward-Ellis
Wolff Thanepohn Simmons
Mayor Coleman asked for introduction of v;sitors. He then directed the Clerk to
read the minutes of the last meeting. Ald. Hanback moved to dispense with reading
of the minutes, seconded by Ald. Ellis, motion carried.
Attorney's Report-Attorney Dickson reported on a meeting he had wi.th Chapman and
Cutler in regard to financing a new well on the north s;de of the river. As yet
he had not heard from them on the best way to finance said well. Attorney Dickson
had conferred with Supt. Pfister on amending the sewer ordinance. Ald. Madden moved
the attorney go ahead with the amending of the sewer ordinance and check with Sulbt.
Pfister on all requirements with presentation for review at the next meeting. Ald.
Hanback seconded, motion carried. Attorney Dickson stated he would correct the
wordng in 2 areas in the moving ordinance and bring it back at the next meeting.
Mayor's Report-Mayor Coleman recommended appointments of Tom Lindblom and Don Walte:
to the Zoning Board of Appeals. Mr. Lindblom resides at 408 Fox St. and is associat
with Waubonsee Jr. College. Mr. Walters i9 a foreman for Equipto and resides at 602
Heustis St. He also recommended appointing Marty Behrens as Chairman and Jim Mor-
ganegg as secretary of this Board. Ald. Thanepohn moved to accept the Mayor's ap-
pointments to the Zoning Board of Appeals. Ald. Ellis seconded, motion carried.
Mayor Coleman submitted to the Clerk a bill from James B. Clarage & Associates.
The Easter Seal_ Society of Aurora requests permission to conduct "Lily Day Tag Day"
Saturday, April 6, 1974. Mayor Coleman recommends permitting this tag day. He also
noted donations from Kendall. County will. be used in the county. Ald. Thanepohn move
to permit "Lily Day Tag Day, April 6, 197+, seconded by Aid. Hanback, motion carrie
Clerk's Report-Clerk Brant read a copy of a letter from the EPA to Loren Miller re-
questing a letter from the applicant stipulating his willingness to waiver his righ
to petition the Pollution Control Board for a variance.
Plan Commission Report-Petition to Rezone from Residential District Uses to B1,
Business District Uses, property located on the (ast side of Bridge St. at the north
bank of the Fox River. Mr. Anderson and Mr. Lang-Land excused themselves from dis-
cussion of this matter and the meeting was turned over to Mr. Dollman. Attorney
Da"las Ingemunson, Attorney Tony Bassak, Realtor Lawrence Langl.and and.Architect
Leo Anderson have purchased this property and hope to construct an office building
on it. Mr. Bert Erickson presented a "Petition to Strike Petition to Rezone and Re-
classify Real Estate", "Protest of Proposed Amendment to Zoning Ordinance of the
City of Yorkville, Kendall. C. , Ill." signed by owners of 20% or more of the real
estate immediately adjoining or directly opposite the real.. estate proposed to be re
zoned and reclassified; and "Protest of Proposed Amendment to Zoning Ordinance of
the City of Yorkville, Kendall Co. , Ill." Mr. Erickson also said he felt the change
would constitute spot zoning and he feared that if the property was rezoned, some-
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FORM 601-49 ® U.S.A.
MARCH 28. 197+
thing other than an office building, such as apartments, would be built. Mr. Inge-
munson said the owners of the property would be agreeable to resubmitting the peti-
tion for a Planned Unit Development, which would limit the building to specific use
Mr. Olson made a motion to table action on the petition for a month and to have the
owners of the property resubmit the petition as a PUD with restrictions as to use.
A special meeting request by the First Kendall Co. to discuss the proposed Wildwood
project-Mr. Langland moved to place a review hearing on the project on the agenda
of the April 23 regular meeting, provided all presentation material. to be used is
sent to Mr. Clarage in time for his review.
Old Business-Attorney Dickson had prepared an ordinance for adoption of the new
Comprehensive Plan. Ald. Wolff moved to accept the comprehensive plan as presented,
seconded by Ald. Thanepohn. Discussion. Jim Clarage stated it would be about 8 week
before the written text is printed. Roll. call vote: Madden-aye: Wolff-aye; Hanback-
aye; Thanepohn-aye; Ellis-aye; Simmons-aye, motion passed unanimously. The Plan
Commission was publicly thanked for all the work they have done on this.
The hearing on the Comprehensive Zoning Ordinance was turned over to Mr. Leo Ander-
son. He stated the Pl.an Commission has worked on this for over three years, held 3
public hearings and have considered all objections. Mr. Anderson asked if there wer
any questions to the plan. Mr. Bob Kaptain objected to the new zoning ordinance. He
is in business under B1 and industrial zoning and it will. be M1 in the new zoning.
It was explained he will fall under what is known as non-conforming uses. This
allows any lawfully established use of a biil.ding or land that does not conform to
the use regulations for the district in which it is located shall. be deemed a legal
non-conforming use and may be continued in use provided there are no physical chang
other than necessary maintenance and repair. Mr. Thomas Curnes, Naperville, owns
the building at 135 E. Van Emmon (formerly the Model Box Industri.es). He purchased
said property as M1 and it w-ll be zoned B3 by the new ordinance. Mr. Anderson re-
cognized Mr. T. Carnes as an ob, ector and Will investigate this matter. Discussion.
Ald Ellis moved for adoption of the Comprehensive Zoning Ordinance, seconded by Al
Wolff. Roll call. vote: Madden-aye; Wolff-aye; Hanback-aye; Thanepohn-aye; Ellis- ay
Simmons-aye, motion passed unanimously. Mayor Coleman thanked all the people who sa
on this committee for their time and work in getting this accomplished.
Clerk Brant reported gas b;ds had been sent out and a not'ce to bid published. Bids
are to be submitted on or before Apri.1. 9, 1074, at 7:30 P.M. and will be presented
at the April 11th council meeting.
Committee Reports-Streets & Alleys-Al.d. Ellis will check on the responsibility of
street lights on Blaine Harker's property.
Water-Ald. Madden presented a request of Supt. Pfister for a water level gauge,
costing approximately $100.
Health & Sanitati_on-Ald. Hanback reported the committee felt purcras;ng a street
sweeper would be out of 1_ine and recommended Clean Sweep, Inc. do the streets twice
a month at the $30 rate. Discussion. Ald. Hanback moved the streets be done twice a
month at $30.00 per sweeping by verbal agreement with Clean Sween, Inc. , seconded
by Ald. Ellis, motion carried. Discussion on a garbage problem on W. Hydraulic St.
Ald. Hanback will contact the owner or manager of the property about the problem
and report back.
Trees and Parks-Ald. Ellis reported the committee recommends contracting for all. tr
mowing and sell the riding mower. He will. contact Archie Bieritz.
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FORM 601-49 ® U.S.A.
M�R(!iT 7R 1 Q721
Public Property & Bldgs.-Ald. Madden stated he will. have something on the remodellii
of the P.D. at the next meeting. Clerk Brant stated bids had been sent out for con-
crete work at the Maintenance Bldg. and notice to bid published. Bids are to be
submitted on or before April 9, 1974 at 6:00 P.M. as per specifications.
Building & Zoning-A film will be presented by James Clarage at the Plan Commission
meeting, the 4th Tuesday of May.
Finance & Audit-Reminder of the April 4th meeting 8:00 PM at the Clerk's office.
Library-Al_d. Simmons reported the library is in good shape financially and asked
about the replacing of the sidewalk in front of the building Supt. Pfister was
directed to ask each bidding masonry contractor to look at this and add it on to
his bi.d.
YBS-Ald. Madden reported at a recent meeting the board to"ked about a user charge
or tax and contemplate sending the bills out with our water bills. Attorney Dickson
pointed out a problem might arise from the interseptor being out of the corporate
city limits and contiguous property owners would want to hook on. Ald. Madden will
take this to the board and ask that this be discussed by both governing units.
Homeowners in the Conover Subdivision will be approached by the committee on the
undedicated sewers there.
Mayor Coleman read a Letter from Attorney Dickson stating he has a personal. interes
in a piece of property known as the Hansen and Fitch Farm, south of town. Attorney
Dickson asked to be relieved of his appointment as city attorney and foregoing all
salaries while this matter is pending, and that a special attorney act for the city
Ald. Madden moved to Look for an attorney to handle the matters with the annexation
in that particular area until it has been finalized and the Mayor be given authorit
to find someone and present his name at the next meeting. Seconded by Ald. Thanepoh
motion carried.
Ald. Madden reported the underlay for the floor at City Hall was in and would be pu
down this weekend.
Ald. Ellis was directed to contact Verne Reimenschnei_der about checking the eternal
light in the park.
Ald. Wolff moved for adjournment at 10:10 P.M., seconded by Ald. Hanback, motion
carried.
City Cle , Ames J. Brant
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