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COW Minutes 1996 08-01-96 CJ Cl/14/1770 lY.4G .J:JJ!7YJ i� r�v 1VLV i^ � u^ .r ^u�• 'mac I CITY OF YORKVILLE COMMITTEE OF THE WHOLE AUGUST 1 , 1996 Present: Bob Johnson Art Prochaska Burt Callmer Jeff Spang Jerry Lynch Kathy Jones T.J. Hiles Richard Scheffrahn Tony Graff Tom Sowinski Jim Nanninge Liz Clark Valerie Burde Joseph Wywrot Tony Scott Cindy Ketcham Guests Present: John Mannuci Jeffrey Sanford Sig Vaznelis Judie Elliott Birgitt Peterson q Don Peterson Scott Metzger Kathy Curtis ` Rita Murphy John Murphy Joanna Elliott Ryan Ed Ryan Josephine Ryan Dawn Dickinson Joan Parker Bob Dearborn Julie Kraber Greg Kraber Heidi Brucki Ruth Dearborn s Tamis Ayers Debbie Dearborn Carol Wilbanks Paul Daniels Diane Strieter Rob Strieter Bill Ropollo Howard Manthei Mariann Manthei Bob Ament Linzie Coffey Carol LaChance f { I "Correction to June 20, 1996 minutes should show Alderman Jones present to the meeting. ? i E Liquor Ordinance-An amendment was presented to change the current[liquor ordinance to state that q where liquor was served there would be no type of lingorie fashion-type of show, mud wrestling, jell-o wrestling, wet t-shirt contest, any type Pf pornography, etc. Alderman Jones stated that Oswego has a similar type of ordinance in affect and wondered if the ordinance had been tested. To date, no one is aware pf the ordinance being openly tested or that there are any legal actions being handled against this ordinance. Alderman Prochaska requested that the word obscene be defined as per the Illinois State Statutes and also for the definition be listed ini the ordinance. Alderman Prochaska also suggested that some of the Illinois State Statutes that refer to obscene be listed in the ordinance, that there should be some kind of guideline with reference to a performance or a contest, such as a lingerie show, mind wrestling, wet t-shirt, or jell-o wrestling. He suggested that the amendment be more descriptive and that the amendment would allow for review of any form of i conte w or act performance. Alderman Prochaska also asked what governing body would be I y determining as to whether the business in question would be in violation. The ` decision would be made by the Liquor Commission. The determination would be the result in a hearing in front of the Liquor Commission. Recommendations for vote at the city council meeting on August S. The floor was then opened to public comment: Rob Strieter read an anonymous letter from a Yorkville residence. The letter made reference to verses from the Bible and also made reference to two twere year old girls that had been molested here in Yorkville from someone that had beer an upstanding citizen. The letter suggested that related pornographic material could Create thoughts into persons minds and to possibly lead them into trouble. Stated that it is a proven fact that pornographic material can promote crime. Chuck Rhea, attorney for Meetballs, stated that the constitution promotes and protects all persons with the freedom of speech. I Paul Daniels, local businessman, felt that one of the issues dealt with he atmosphere of oppression. Suggests that "we" remember other local co munities, their atmospheres and what they show. He also questioned the pos4ible access of pornographic material with the fashion shows at Meetballs. I Kerin Harris, former Yorkville business woman, felt that the City of Yorkville did not promote local business. i Dawn Dickinson, former Yorkville business woman, felt that she as run out of business. Ed Ryan, owner of Meetballs, related to the council that the American Legion and the Moose Lodge have private parties with strippers and topless danc rs and felt that should be taken into consideration also with his "fashion" shows. Pam Lanham, Meetballs employee, stated that she has two teenage daughters that are aware of where she works. Her daughters are also aware that there is adult entertainment available where she works and that they are not allowod to be present at Meetballs. I Rob Congdon, Poly-Sci buff and local business man, reiterated that the government exists to protect the common good of the community and that there r a fine line that needs to be drawn so that things do not get out of hand. Let the c uncil reflect the community and guard against the future. Jodie Ryan, owner of Meetballs, felt that she was being picked on an that they were doing nothing wrong. That it is just a fashion show for entertainme t, nothing else. Josephine Ryan, mother to Ed Ryan, felt that her son was doing nothing wrong. They have the fashion show and a raffle. She has been there upon occasion and said that if there was something wrong going on there that her son would nJt let her attend. John Mannuci, owns the "Fashion Show" company. He stated that the women are there to model the fashions and nothing else. They walk around deling and talk with the gentlemen. The men do not touch the women they just to . There are no magazines and no pornography there. Jerry Myers, lives on Minkler Rd, who owns a apartment for remt in downtown Yorkville. Says that Meetballs has not prohibited him from renting is property. VO! iTf 1 JJV 1T•TG JVV f JTJ I VI\!\Y 1LLL Ill"I I L LAI"1111\ f-11\7- VY S f r PC 96-13-PC 96-13 Sloniger will be taken back to the Planning Commission on August 14. There is a need to verify that the zoning change has been made i ppropriately on the P.U.D. The final Plat will be presented to the Planning Commiss on. A concern was presented with respect to have two car garages in some of the u its, possibly on the end units, maybe reduce the number of units. The housing units Are presented as beginner homes with interior layout having 2 bedrooms with the potential of having a den/third bedroom floor plan. I a PC 96-16-Fields of Farm Colony still has several items of question thpt do not follow with the City's suggestions for the subdivision. A concern of having 10 foot utility yard easements. This would allover for city access if some problem would arise to be maintained. A concern with loth backing up to State Route 71 . A stipulation in the final plat to advise persons purclhasing property of a possible substantial cost that would be required to replace or repair some of the roads. The placement of a streetlight at the end of Austin Ct. Thel, Pedestrian trail that is located around the perimeter of the Farm Colony SubdiAion. Alderman Callmer stated that the pedestrian trail was discussed at the Mar�h 14 Economic Development meeting with reference to the trail intersecting each lot that exists in Farm Colony. There are still a few that do not have access to the pedestrian walkway and the suggestion from the City Council was to try to correct this problem. The City Council would also like to maintain that the trail be constructed osf Asphalt. The Homeowners association maintains that they would like to keep it limefistone trails. Per Anton Graff, he felt that the minutes of the City recommendations should reflect that the City Council recommendations to the county should show ,the trail being constructed of asphalt. Alderman Prochaska requested an answer io the Hilltop Rd issue of the length of life of Hilltop. He feels the need for more that� 2 inch overlay of the existing pavement and suggested that it be reiterated to the county of the City Council recommendations. Roppolo P.U.D.-The city is still in negotiations with the Edmier people with respect to the sewer requirements. There should be a full report to bring back to the Economic Development Committee meeting. Mayor Johnson would like to se`e it back by the next C.O.W. meeting on August 15. If Edmier can not come through, there is an alternate solution that will expedite this issue. If the Edmier grouO doesn't come through, the Roppolo sewer hook-up could be made to attach to theRoute 47 sewer line. The problem that this may create would be to decrease the accOssibility for new business to be created along Route 47 and into Fox Industrial Park. Bistro Inc.-There was discussion on the potential contract with Bistro Inc. Alderman Spang still does not feel that he can agree the no compete clause.' He feels that it would limit the possibility of having other business within the park area. Some discussion was held that there should be guidelines set with regards tai area and space that would allow for others to also sell food in the park. Special events sponsored by the City and the Recreation Board are excluded from the no comp6te clause. Jeff Sanford, a guest and the manager of Piggy's Ribs would like to see 'the area defined by square footage, maybe a couple hundred of feet. There is a need to define a service area and a transient vendor that would allow for competitiorl. Bistro Inc has s also listed in the contract that they would furnish 50 hours, estimated at $125.00 an hour, of Disc Jockey service time. The D.J. service would request a possible two week advance notice to allow for scheduling. The city would like to hi ve the freedom of using the D.J. service anywhere within the city limits and allow the city to choose the event for D.J. service. A breech of contract clause will be added or both parties. This item will be updated and be presented at the August 8 council esting. Additional Business E Greenbrier Subdivision-Sig Vaznelis represented Ron Wehrli with refer ince to the road leading into Greenbrier Subdivision. There seems to be an issue of streetlights, sidewalks and landscaping of the parkway area leading into Greenb iar subdivision. Mr Wehrli is adamant about not complying with the City requests. a feels that the road is off sight and is not the responsibility of the subdivision develo er. The issues brought forth to the council were to be reviewed in the P.U.D. and th n to determine what his requirements are. Research will need to be done and then b represented to the council. i a A suggestion from Jeff Sanford, Piggy's Restaurant, was to have mor4 portable toilets at the fireworks on the 4th of July celebration. i Kuczkowski Recapture-The recapture agreement has been revised as I July 31, 1996. All the numbers seem to be correct and this item to be presented t the August 8 council meeting. F Sale of City Lots-There is a contract drawn up that will allow Centu�y 21 to list the two city lots to be marketed for sale. This item needs to be presented to the council on August 8 meeting. This will allow the Mayor to enter into the contract with Century 21 for the sale of the two city lots. E School Transition Ordinance-This ordinance would allow for all schools within the city limits of Yorkville to be able to receive city tax funds. At Economic development the request was made to leave the dollar amount the same, but to be qure to have the wording to encompass all schools within the city limits. E i Library Levy Request-The Yorkville Public Library has requested the �ity to propose a $.02 per $100.00 of fair cash value to be added for repairs and maintenance to the current Library facility. This would need to have a public hearing a4d would impact taxes by approximately $9.50 per year. This is proper and allowa le by the state. There would have to be a resolution adopted by the council and then in 15 days have a public hearing, then 30 days later to have a vote. A referendum or a new library tax was suggested by the council members, therefore letting the genReral public make the decision. The referendum would be a permanent tax where the Levy would be have to be made on an annual basis. The general consensus from th 3 council was to make it a referendum. Alderman Prochaska will return to the Librar e board with the .i E request. April, May, and June Police reports are complete and will need to beroted on at the August 8 council meeting. C.P.A.T. Quarterly and P.D. Annual Report-Will need to be taken back to Public Safety for further revisions. Greg Krager to resign the Planning commission. A request was made o appoint Jack Jones to replace him. This will be presented at August 8 council m eting. The Park Comprehensive Plan to be presented at the August 8 cou it meeting. Leaf Burning Ordinance-A change to be made to the leaf burning ordin nce. There will be budgeted, 2 extra T.C.D. pick-up stops to dispose of the fall leaves. There will be a need to let people know what their options and the alternative rr ethods will be. More research needs to be made and this issue will be brought bacl to the C.O.W. meeting on August 15. There is a need to authorize for bidding of the Blaine Street improve ents. indy Ketcham Respectfully submitted by E k t F i 4 i rV f t