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Plan Commission Minutes 1984 06-26-84 • MINUTES OF THE PLAN COMMISSION OF THE CITY OF YORKVILLE HELD AT CITY HALL ON JUNE 26, 1984 AT 7:00 P.M. 1 Chairman Jerry Groner called the meeting to order. Roll call was taken with the following members present: Mr. Beaudry, Mr. Ament, Mr. Stewart, Mr. Groner, Mr. Kenton, and Mrs. Price. Also in attendance were Jim Clarage, Larry Jennings, and Mr. & Mrs. Mike McCurdy. Mr. Stewart moved to approve the minutes from the April 24, 1984 meeting as written. Mr. Kenton seconded the motion. All members present voting aye. Review of the Rough Drafts of the Swimming Pool and Fence Ordinances Chairman Groner stated that the order of business tonight was to review and revise the rough drafts of the swimming pool and fence ordinances. He stated that he had received a letter from Mr. Johnson, Director of Public Works, expressing his opinions to be taken into consideration on the ordinances. Chairman Groner read from the letter. I:t stated that Mr. Johnson was con- cerned about Section 1, paragraph A, or Section 4, paragraph A stating the definition of a swimming pool being 24 inches in height..and the minimum amount of a building permit fee being $25. Mr. Johnson suggested changing the definition to 36 inches and having a flat fee of $5 for small pools. Mr. Clarage stated that the definition of a swimming pool in many model ordinances is 24 inches in heights. He felt that there is7a certain depth of a pool that must be considered a pool and not just a wading pool. Mr. Kenton suggested giving out occupancy permits for the smaller pools, and that there should be some safety standards for little pools. Chairman Groner stated that many of the smaller pools are taken down at the end of summer, and that they are not a permanent installation. Mr. Clarage recommended either making the fees for a building permit lower or changing the definition of a swimming pool to something deeper. Mr. Beaudry suggested changing the permit fee and to keep the same definition. He felt that if it takes $15 for an inspection then the minimum fee should be $15. All members felt that 24 inch swimming pools would be the most dangerous to small children, so they should require that a fence be put around them. Mr. Stewart inquired as to how the City would enforce the inspections. Alderman Jennings stated that in the future the City may have a full-time building inspector or engineer. Mr. Clarage questioned whether any of the members had any comments on Section 12 concerning the compliance time of three years. Mr. Stewart questioned when this ordinance would go into effect. All members felt that a three (3) year period was a long time to apply. The members felt that a 18 month compliance time would be more suitable so as to allow a person a whole summer to comply. Chairman Groner inquired as to why the walls of an above ground pool would not be considered an adequate barrier. Mr Clarage stated that a 6. foot fence should be required around all pools including above ground pools. Mr. Clarage also stated that a 3 foot fence would be needed over and above the walls of the above ground swimming pools so as to keep a person from falling over the fence. Chairman Groner felt that a clause stating that the judgement of the building officer should be included in the ordinance. Mr. Stewart felt it should be put at the end of the ordinance so as to incorporate the entire ordinance. Chairman Groner felt that the ordinance was very restrictive and that the building inspector will have a difficult time enforcing it. The members agreed that a statement concerning the judgement of the Building Inspector should be included. Chairman Groner entertained that a motion be made that the Plan Commission recommend the swimming pool ordinance to the City Council as revised. Mr. Kenton made the motion, and Mrs. Price seconded it. A roll call vote was taken. Kenton - aye Stewart - aye Beaudry - aye Price - aye Groner - aye Ament - aye Motion carried unanimously. Chairman Groner stated that Mr. Johnson was concerned with Section 1, paragraph E and F of the Fencing Ordinance concerning barbed wire and electric fences not being permitted in the City limits. He felt that the City would have trouble requiring this to be brought up to standards within three years. Mr. Johnson was also concerned with the building fees because the City loses money on some of them now. He suggested setting up the fees with the City Attorney and also having him read over the ordinances for legal aspects. Mr. Kenton stated that in some areas a resident is charged for a violation if the building inspector must return. Mr. Kenton felt that front yard fences should be prohibited. Mr. Beaudry questioned whether the City had the power to enforce that front yard fences not be allowed. Mr. Clarage stated that Section 10, paragraph C was included for people who have problems with people cutting across their front yards. Mr. Clarage suggested deleting the word except and adding the word only. Mr. Clarage stated that he tried to leave the door open as much as possible, by making a chart on the last page of the ordinance. He created a PUD section so someone could get a permit for fences not allowed if permitted by the Zoning Board of Appeals or the Plan Commission. Chairman Groner suggested that Mr. Jennings take the ordinances to committee before referring them to the City Council. Mr. Jennings stated that would be his next step and then the committee would refer it back to the Plan Commission with their revisions. They would then be referred to the City Council. Chairman Groner questioned whether there were any more comments to be made on the fencing ordinance. He then entertained that a motion be made that the Plan Commission recommend to the City Council the Fencing Ordinance as revised. Mr. Kenton made the motion, and Mr. Ament seconded it. A roll call vote was taken. Price - aye Beaudry - aye Ament - aye Groner - aye Stewart - aye Kenton - aye Motion carried 6-0. Chairman Groner stated that he would be unable to attend the next meeting on July 24, 1984. Mr. Ament stated that he would act as chairman. Mike McCurdy and his wife were present with a map of the area that they intended to build on at the end of E: Washington and Olsen Streets. He questioned when he-applies. for a building permit would a 60 ft. easement be required of him on the proposed property. He stated that he had talked with Mr. Johnson and Mr. Jennings, and they both felt that an easement would not be feasible. They felt that he should get a more official word from the Plan Commission on their feelings toward whether an easement would be required or not. He stated that if an easement was required, it would make a difference on where he could build his house. He also stated that he would not purchase the property if an easement was required. Chairman Groner stated that the commission would need to see a map of the area, his proposed plans for the house, and where he would put the house. Chairman Groner also stated that the Plan Commission would have to take into consideration the land directly east of the property. tHe questioned whether the proposed street was suppose to extend completely through the proposed subdivision, and if it does, the City may require the easement. Mr. Kenton stated that the set plans for the subdivision have already been made. The Commission suggested having the City Clerk look into it further and find a map of the subdivision and how it is platted. They also felt that he should make an application to be put on the agenda for the next Plan Commission meeting. Mr. McCurdy asked the procedure of applying for a building permit, and how long the permit would be Ualid. He also questioned whether it would be renewable. Mr. Kenton stated that a building permit would not be issued until the plans were approved by the Plan Commission. Mr. Jennings stated that the commission would need to know why he would not be able to build on the land if an easement was required. Mr. McCurdy thanked the Commission for their time. Chairman Groner asked for any additional business. Mr. Stewart then made a motion to adjourn. Mr. Beaudry seconded the motion. All members present voting aye. The meeting was adjourned. Debbie Robertson, Rec. Secretary