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City Council Minutes 1999 08-26-99 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS HELD AT THE KENDALL COUNTY BOARD ROOM, 111 W. FOX ST., YORKVILLE ON THURSDAY, AUGUST 26, 1999. Mayor Prochaska called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Simmons called the roll. Ward I Callmer Absent Sticka Present Ward II Burd Present Kot Present Ward III Anderson Absent Dockstader Present Ward IV Sowinski Present Spears Present QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska welcomed those present and asked them to introduce themselves and to enter their name on the attendance sheet provided. AMENDMENTS TO THE AGENDA Under Public Safety Committee Reports -Add accept minutes of 7-26-99. Under Administration Committee Reports - Placement of wireless communications towers tabled until the 9-9-99 City Council meeting for a public hearing. COMMITTEE MEETING DATES Public Works Committee Monday, September 20, 1999, 6:30 P.M. City of Yorkville Conference Room 111 W. Fox Street- Suite 3 Economic Development Committee Tuesday, September 21, 1999, 7:00 P.M. City of Yorkville Conference Room 111 W. Fox Street- Suite 3 Public Safety Committee Monday, August 30, 1999, 6:30 P.M. City of Yorkville Conference Room 111 W. Fox Street- Suite 3 Administration Committee Tuesday, September 14, 1999, 6:30 P.M. City of Yorkville Conference Room 111 W. Fox Street- Suite 3 CITIZENS COMMENTS None. PUBLIC HEARING None. PLANNING COMMISSION/ZONING BOARD OF APPEALS/SIGN REVIEW BOARD City Administrator Nanninga stated under Zoning Board of Appeals, Mr. Luther on Somonauk and West Street, who's house burned down was approved for a variance on his back yard to build a new home. Minutes of the Regular Meeting of the City Council -August 26, 1999 - Page 2 MINUTES FOR APPROVAL A motion was made by Alderman Sowinski to approve the City Council minutes of the regular meeting of August 12 and approve the minutes of the continued City Council meeting of August 19, 1999 and accept the minutes of the regular meeting of the Committee of the Whole of August 19, 1999 as presented; seconded by Alderman Spears. Approved by viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Spears to approve the bill list dated August 23, 1999 in the amount of$269,017.67(vendor), $70,757.58 (payroll)for a total of 339,775.25;seconded by Alderman Sowinski Approved by roll call vote. Ayes: 6 Nays: 0 Kot aye Spears aye Burd aye Sowinski aye Dockstader aye Sticka aye REPORTS ATTORNEY'S REPORT (ORDINANCE) 99-16 APPROVING SALE OF MUNICIPAL PROPERTY A motion was made by Alderman Sticka to approve the ordinance approving the sale of municipal property to Mr. & Mrs. Jeff Spang in the amount of $20,000.00; seconded by Alderman Burd. Approved by roll call vote. Ayes: 6 Nays: 0 Spears aye Burd aye Sowinski aye Dockstader aye Sticka aye Kot aye Attorney Kramer stated regarding the house moving,the School District has asked Joe Wyrott for a hold harmless letter from the city. He stated Mr. Spang has also submitted a letter to the School District that he will have a certificate of insurance from his mover naming both the city and his wife and the school district as party. MAYOR'S REPORT SIGN REVIEW BOARD APPOINTMENT A motion was made by Alderman Sowinski to approve the appointment of Donald Duffy to the Sign Review Board through November, 2002; seconded by Alderman Sticka. There were comments and discussion regarding Donald Duffy not living in the City. It was stated that Mr. Duffy owns a business in the City and that there are other people on the Sign Review Board that do not live in the City. It was also stated that there are other Boards that have people on them that do not live in the city. It was stated that this is not unusual to have people that have a vested interest who do not live in the city to sit on a board. It was commented on that if there is someone interested who lives in the city, they should be considered first. Approved by roll call vote. Ayes: 6 Nays: 0 Burd aye Sowinski aye Dockstader aye ' Sticka aye Kot aye Spears aye Minutes of the Regular Meeting of the City Council -August 26, 1999 - Page 3 Mayor Prochaska stated there will be a vacancy on the Library Board and if there is anyone interested or knows of anyone interested to please contact him. Mayor Prochaska announced a Public Meeting to be held on October 6, 1999 for the Refuge Contract and also for Cable TV for public input. Mayor Prochaska reminded everyone that the Committee of the Whole meeting for September 16 will be on Wednesday September 15, 1999 so City Council members can attend the Illinois Municipal League Conference. Mayor Prochaska opened the discussion on the City Employee's health insurance problem. He stated that this problem has been going on for quite some time. He stated that checks have been made out to employees that have been sent to collection and for those that had credit problems. He said as one last effort before the checks are released, Attorney Dan Kramer is talking to the judicial system to see if we can get an injunction in writing against all the creditors to prohibit them from trying to collect on these bills and from having them put it against the employees credit reports. A motion was made by Alderman Sowinski to pay the collection agencies for past NYLIFE Health Insurance issues in the amount of$11,633.43 subject to the City Attorney's verification that an injunction is not possible and authorize the City Attorney to file said injunction if indeed it can be done; seconded by Alderman Kot. Approved by roll call vote. Ayes: 6 Nays: 0 Dockstader aye Sticka aye Kot aye Spears aye Burd aye Sowinski aye CITY CLERK'S REPORT EXECUTIVE SESSION MINUTES OF AUGUST 19, 1999 A motion was made by Alderman Kot to approve the Executive Session Minutes of August 19, 1999 as corrected; seconded by Alderman Sowinski Approved by roll call vote. Ayes: 6 Nays: 0 Sowinski aye Dockstader aye Sticka aye Kot aye Spears aye Burd aye CITY TREASURER'S REPORT Treasurer Allen gave his report for the month of July 1999. Beginning Balance: $1,321,933.22 Revenue: $1,897,566.75 Expense: $ 969,433.61 Ending Balance: $2,250,066.36 A motion was made by Alderman Sowinski to approve the City of Yorkville's monthly Treasurers report for the month of July 1999; seconded by Alderman Dockstader. Approved by roll call vote. Ayes: 6 Nays: 0 Dockstader aye Sticka aye Kot aye Spears aye Burd aye Sowinski aye Treasurer Allen stated the city has received some good news from the Auditor's and it will be going to Administration Committee. Minutes of the Regular Meeting of the City Council -August 26, 1999 -Page 4 CITY ADMINISTRATOR'S REPORT Administrator Jim Nanninga reported that the elevator shaft at the new City Hall is now completed. He said the decking is about 50% complete. He said the south wall should be started tomorrow or Monday. He said State and Morgan the underground is finished on State, the underground on Morgan will be complete by September 15. He said on the Riverfront the handrail is about 65% complete. He said the fence is black not green like it was supposed to be. He said they know that they will have to paint it green. He said we can decide if we want them to paint it green or leave it black. He said the stairway has been formed and there will be a stairway for Hometown Days. He said the curb is completed in the extra parking and the sod was delivered today for the parking area. COMMUNITY& LIAISON REPORTS Alderman Burd stated she attended the Aurora Tourism Council meeting. She stated they provided a preliminary site survey for any municipalities interested in providing a site for RV's. She stated they are holding a lot of different events in cooperation with the Big Rock Plowing match September 18 and 19. Mayor Prochaska reported the Economic Development Corporation met last Friday. He said all the articles in the cooperation are signed and turned over to the attorney to go down state for filing. He said there is a draft for an ad for getting a full time Economic Development director. He said as a group they have been looking at possible sites for an office. He said there has been some discussion that the Chamber of Commerce is looking at sharing an office with the Corporation. He said the next meeting is tentatively set for the third Friday in September. He said they are hoping by that meeting there will be a draft of a first year budget. Mayor Prochaska stated he attended the Ken-Corn meeting. He said they are recommending a budget to the County. OLD BUSINESS None. NEW BUSINESS Attorney Kramer stated on the other City lot, we did get the contract back and the earnest money and will close on it October 1. Mayor Prochaska reminded everyone that the Riverfront Festival will be starting Friday September 3. He said there will be a Trout Pond for Children, the Hole in One, the Duck Races and the canoe race. Alderman Burd stated the final Music under the Stars for this year will be Friday, August 27. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT JUNE & JULY WATER REPORTS A motion was by Alderman Sowinski to accept the June and July Water reports as presented; seconded by Alderman Dockstader. Approved by viva voce vote. AWARD BID FOR UTILITY TRACTOR PURCHASE A motion was made by Alderman Sowinski to award a contract to the low bidder, Hogan Walker LLC of Morris for a John Deer 4500/460 Utility Tractor for the Public Works Department in the amount of$17,435.00 and authorize the Mayor and City Clerk to execute said contract on behalf of the United City of Yorkville; seconded by Alderman Dockstader. Minutes of the Regular Meeting of the City Council -August 26, 1999 - Page 5 Approved by roll call vote. Ayes: 6 Nays: 0 Kot aye Spears aye Burd aye Sowinski aye Dockstader aye Sticka aye AWARD BID FOR PAVING OF THE PUBLIC WORKS LOT A motion was made by Alderman Sowinski to award a contract to the low bidder, Aurora Blacktop, Inc. of Montgomery,for the paving of the Public Works Yard at 610 Tower Lane with Option A in the amount of$25,367.50 and authorize the Mayor and City Clerk to execute said contract on behalf of the United City of Yorkville; seconded by Alderman Burd. Approved by roll call vote. Ayes: 6 Nays: 0 Kot aye Spears aye Burd aye Sowinski aye Dockstader aye Sticka aye AWARD BID FOR 1999 SIDEWALK REPAIR PROGRAM A motion was made by Alderman Sowinski to award a contract to the low bidder, Bixler Excavating,Inc.of Newark,for the repair of public sidewalk at various locations around the city at a unit cost of $4.72 per square foot with a total estimated cost to be $13,110.00 and authorize the Mayor and City Clerk to execute said contract on behalf of the United City of Yorkville; seconded by Alderman Burd. Approved by roll call vote. Ayes: 6 Nays: 0 Burd aye Sowinski aye Dockstader aye Sticka aye Kot aye Spears aye APPROVE TRADE-IN OF PUBLIC WORKS BOBCAT A motion was made by Alderman Sowinski to approve the trade in of the City's 12 month old Bobcat Excavator for a new 863H Bobcat from Atlas Bobcat of West Chicago for the cost of $2,100.00 and authorize the Mayor and City Clerk to execute said contract on behalf of the United City of Yorkville; seconded by Alderman Dockstader. Approved by roll call vote. Ayes: 6 Nays: 0 Spears aye Burd aye Sowinski aye Dockstader aye Sticka aye Kot aye ECONOMIC DEVELOPMENT COMMITTEE REPORT JUNE AND JULY BUILDING REPORTS A motion was made by Alderman Sticka to accept the June and July Building Reports as presented; seconded by Alderman Sowinski. Approved by viva voce vote. PUBLIC SAFETY COMMITTEE REPORT TEMPORARY POLICE FACILITY LEASE AGREEMENT A motion was made by Alderman Kot to approve the lease agreement for the Yorkville Police Department as a temporary facility with lessor Real-T-Properties & Associates at a cost of $1,000.00 per month for the location known as the former Brenart Eye Care Center at 718 N. Bridge Street and to authorize the Mayor and City Clerk to execute and sign said agreement upon approval by the City Attorney. The term of the lease agreement begins 9-1-99 and ending 1-31-2000, with notice to terminate within 30 days, pursuant to paragraph 20, in addition paragraph 16 is stricken from this agreement and access to the premises is restricted to normal working hours, pursuant to paragraph 7; seconded by Alderman Sticka. Minutes of the Regular Meeting of the City Council -August 26, 1999 - Page 6 Approved by roll call vote. Ayes: 6 Nays: 0 Dockstader aye Sticka aye Kot aye Spears aye Burd aye Sowinski aye MONTHLY RENT FOR TEMPORARY POLICE FACILITY A motion was made by Alderman Kot to approve payment for the monthly rent payment to Real-T-Properties, Associates for September 1999 rent in the amount of $1,000.00 for the temporary Police facility at 718 N. Bridge St; seconded by Alderman Sticka. Approved by roll call vote. Ayes: 6 Nays: 0 Dockstader aye Sticka aye Kot aye Spears aye Burd aye Sowinski aye MINUTES FOR APPROVAL A motion was made by Alderman Kot to accept the Public Safety Committee minutes of July 26, 1999 meeting; seconded by Alderman Spears. Approved by viva voce vote. ADMINISTRATION COMMITTEE AWARD A CONTRACT WITH MUNICIPAL SERVICES ASSOCIATED, INC. FOR A TELECOMMUNICATIONS STUDY A motion was made by Alderman Spears to award a contract to Municipal Services Associates, Inc. of Hoffman Estates in the amount of $1,425.00 for a telecommunications study and authorize the Mayor and City Clerk to execute said contract on behalf of the United City of Yorkville; seconded by Alderman Sticka. Approved by roll call vote. Ayes: 6 Nays: 0 Kot aye Spears aye Burd aye Sowinski aye Dockstader aye Sticka aye (RESOLUTION) 99-33 ESTABLISH A FEE FOR "REQUEST TO VACATE" A motion was made by Alderman Spears to approve a fee of$85.00 for a"Request to Vacate"; seconded by Alderman Sticka. Approved by roll call vote. Ayes: 6 Nays: 0 Kot aye Spears aye Burd aye Sowinski aye Dockstader aye Sticka ye ADDITIONAL BUSINESS None. ADJOURNMENT A motion was made by Alderman Kot to adjourn the meeting at 8:00 p.m.; seconded by Alderman Dockstader. Approved by viva voce vote. By: Deborah K. Simmons, City Clerk City of Yorkville, Illinois