City Council Minutes 1998 08-13-98 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 13. 1998.
Mayor Bob Johnson called the meeting to order at 7:01 p.m. and led the Council in the
Pledge of Allegiance.
ROLL CALL
Clerk Simmons called the roll.
Ward I Spang Present
Sticka Present
Ward II Burd Present
Kot Present
Ward III Vacant
Prochaska Present
Ward IV Sowinski Present
Spears Present
QUORUM
A quorum was established.
INTRODUCTION OF GUESTS
Mayor Johnson welcomed those present and asked them to introduce themselves and to
enter their name on the attendance sheet provided.
AMENDMENTS TO THE AGENDA
Economic Development Committee Reports the Plan Commission Quorum was tabled for
two weeks.
MEETING DATES
Public Works Committee 6:30 PM Kendall County Building
Monday August 17, 1998 Conference Room - Suite 3
Economic Development Committee 7:00 PM Kendall County Building
Tuesday August 18, 1998 Conference Room - Suite 3
Public Safety Committee 6:30 PM Kendall County Building
Monday August 31, 1998 Conference Room - Suite 3
Administration Committee 6:30 PM Kendall County Building
Tuesday September 8, 1998 Conference Room - Suite 3
PRESENTATION
Mayor Johnson presented Steve Bridge with a service award for his outstanding service
and dedication on the Yorkville Park Board/Recreation Board. Steve Bridge moved out
the city limits and had to resign.
Mayor Johnson presented Kathy Jones with an award for her dedication as an Alderman
in Ward 3. Mayor Johnson also made recognition of Kathy Jones spearheading for the
River Front Park and numerous other projects. Kathy Jones moved out of the city limits
and had to resign.
CITIZENS COMMENTS
Nancy James, 508 Heustis St., Yorkville, Illinois read a typed statement. (Original
Attached). In her statement Nancy James asked Alderman Kot, Chairman of the Public
Safety Committee to include her on the agenda for the next Public Safety Committee
Meeting. Nancy James concerns is regarding the burning ordinance.
Minutes of the Regular City Council Meeting August 13, 1998 - Page 2
Alderman Kot stated to Nancy James that she is included on the agenda of the next Public
Safety Committee meeting which is August 31, 1998. Alderman Kot stated that at the last
Public Safety Committee meeting they noticed that there is some language that should be
cleaned up.
Nancy James stated that she would like her statement entered into today's record.
PUBLIC HEARING
No Public Hearing.
PLANNING COMMISSION/ZONING BOARD OF APPEALS/SIGN REVIEW BOARD
Alderman Prochaska stated that the Plan Commission met August 12, 1998. He stated
that they reviewed the Fox Hill Pod 5 (town home portion). He stated that the committee
did give a positive recommendation and it will now move on to the Economic Development
Committee. He stated that the Plan Commission also looked at the concept for the gas
station, truck stop, motel site at the northeast corner of Eldamain and Route 34. He stated
the committee was generally favorable to the concept.
MINUTES FOR APPROVAL
A motion was made by Alderman an Sowinski and seconded by Alderman Prochaska to
approve the minutes of the regular meeting of July 23, 1998.
Alderman Sticka stated under citizens comments, there was some information regarding
petitions that were presented. Alderman Sticka stated that he felt it would be helpful if the
subject of the petition was included in the minutes.
It was so noted that the subject of the petitions under citizens comments in the July 23,
1998 City Council Meeting minutes was regarding the Route 47 study.
Motion carried by viva voce vote.
BILLS FOR APPROVAL
Alderman Sticka stated that there was memo from Kim King, Deputy Treasurer stating that
there was a revision to the bill list in the amount of$1,320.00, for a check that was sent
to the Illinois Municipal League.
A motion was made by Alderman Sticka and seconded by Alderman Prochaska to approve
the bills dated August 13, 1998 in the amount of $101,784.80 vendor, $69,006.21 payroll,
for a total of$170,791.01.
Alderman Spang asked about a phone bill for the Resource Center on the first page of the
bill list, in the amount of $166.87 and also asked a question regarding the Allontin
Financial Services bill on page 4. There was discussion on these two bills.
There was discussion and questions regarding the American On Line account.
Alderman Spears asked about a bill for K-Mart for $44.82 and a separate entry under it of
$34.85.
Alderman Spang stated that he had checked into this and stated the $44.82 was for jeans
and the $34.85 was for mini blinds for the pump house downtown.
Clerk Simmons called the roll.
Spears aye Burd aye
Sowinski aye Prochaska aye
Sticka aye Spang aye
Kot aye
Motion carried. Ayes: 7 Nays: 0
Minutes of the Regular City Council Meeting August 13. 1998 - Page 3
ATTORNEY'S REPORT
No report.
MAYOR'S REPORT
Mayor Johnson proclaimed August 24 through August 30, 1998 as School's Open Safety
Week in Yorkville.
CITY CLERK'S REPORT
Clerk Simmons asked for approval of the Executive Session Minutes of July 23, 1998 as
corrected.
A motion was made by Alderman Sowinski and seconded by Alderman Prochaska to
approve the Executive Session Minutes of July 23, 1998 as corrected_ Motion carried by
viva voce vote.
CITY TREASURER'S REPORT
No report.
CITY ADMINISTRATOR 'S REPORT
City Administrator Jim Nanninga stated that they are getting ready for the River Front
Festival and the volunteers will be at the River Front Park on Saturday, August 15 at 8:00
AM. He stated that they were trying desperately to get some stairs down by the river block
wall but could not find anyone to do the work. He stated that Alderman Spang found a
contractor who is going to do the work for nothing.
SCHOOL COMMUNITY REPORT
No report.
OLD BUSINESS
None.
NEW BUSINESS
Alderman Prochaska stated that anyone interested in volunteering for the information
booth to please sign the paper going around the table. He stated for the Mayor's Cup
Race this year they are inviting City Officials from other communities to come and
represent their city in the race.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
(RESOLUTION) 98-7 REQUEST HIGHWAY PERMIT TO CONSTRUCT
THE ROUTE 34 IMPROVEMENTS/FOX HILL SUBDIVISION
A motion was made by Alderman Sowinski and seconded by Alderman Prochaska to
approve a Resolution requesting a highway permit from the State of Illinois to construct
the Route 34 improvements related to the Fox Hill Subdivision, subject to receipt of a
satisfactory Engineers estimate of construction cost, a satisfactory construction bond, and
a satisfactory certificate of insurance from the developer of the Fox Hill Subdivision. Clerk
Simmons called the roll.
Prochaska aye Sticka aye
Spang present Kot aye
Spears aye Burd aye
Sowinski aye
Motion carried. Ayes: 6 Nays: 0 Present: 1
Minutes of the Regular City Council Meeting August 13. 1998 - Page 4
(RESOLUTION) 98-8 RESOLUTION GUARANTEEING SATISFACTORY
COMPLETION OF THE ROUTE 34 IMPROVEMENTS
FOR THE FOX HILL SUBDIVISION
A motion was made by Alderman Sowinski and seconded by Alderman Prochaska to
approve a Resolution guaranteeing satisfactory completion of the Route 34 improvements
for the Fox Hill Subdivision. Clerk Simmons called the roll.
Sticka aye Spang aye
Kot aye Spears aye
Burd aye Sowinski aye
Prochaska aye
Motion carried. Ayes: 7 Nays: 0
JOINT AGREEMENT WITH STATE OF ILLINOIS REGARDING THE CONSTRUCTION
OF THE INTERSECTION OF ROUTE 34 AND SYCAMORE ROAD IN THE FOX HILL
SUBDIVISION
A motion was made by Alderman Sowinski and seconded by Alderman Prochaska to
approve the Joint Agreement with the State of Illinois regarding the construction of the
intersection of Route 34 and Sycamore Road in the Fox Hill Subdivision, and eventual
construction of traffic signals at that intersection, subject to receipt of a satisfactory
Engineers estimate of construction cost, a satisfactory construction bond, and a
satisfactory certificate of insurance from the developer of the Fox Hill Subdivision. Clerk
Simmons called the roll.
Spang aye Kot aye
Spears aye Burd aye
Sowinski aye Prochaska aye
Sticka aye
Motion carried. Ayes: 7 Nays: 0
(ORDINANCE) 98-24 ORDINANCE REGULATING PARKING ALONG ROUTE 34
AND SYCAMORE ROAD IN THE FOX HILL SUBDIVISION
A motion was made by Alderman Sowinski and seconded by Alderman Prochaska to
approve an Ordinance regulating parking along Route 34 and Sycamore Road in the Fox
Hill Subdivision. Clerk Simmons called the roll.
Kot aye Spears aye
Burd aye Sowinski aye
Prochaska aye Sticka aye
Spang aye
Motion carried. Ayes: 7 Nays: 0
(ORDINANCE) 98-25 ORDINANCE REGULATING ENCROACHMENTS ALONG
ROUTE 34 AND SYCAMORE ROAD/FOX HILL SUBDIVISION
A motion was made by Alderman Sowinski and seconded by Alderman Prochaska to
approve an Ordinance regulating encroachments on public right-of-way along Route 34
and along Sycamore Road adjacent to or within the Fox Hill Subdivision. Clerk Simmons
called the roll.
Spears aye Burd aye
Sowinski aye Prochaska aye
Sticka aye Spang aye
Kot aye
Motion carried. Ayes: 7 Nays: 0
Minutes of the Regular City Council Meeting August 13. 1998 - Page 5
MAY & JUNE WATER REPORTS
A motion was made by Alderman Sowinski and seconded by Alderman Spears to approve
the May and June water reports as presented. Motion carried by viva voce vote.
PURCHASE 863 BOBCAT SKIDSTER LOADER
A motion was made by Alderman Sowinski and seconded by Alderman Prochaska to
authorize the Mayor and City Clerk to execute a lease purchase agreement with the Bank
of Yorkville for an 863 Bobcat Skidster Loader from Atlas Bobcat in West Chicago at a
total cost of $24,075.00 utilizing an initial payment of $9,500.00 and two equal, annual
payments of approximately $7,812.00 each with an annual financing rate of 4.75%,
contingent upon the City Attorney's approval of the documents.
There was discussion and comments
Clerk Simmons called the roll.
Prochaska aye Sticka aye
Spang nay Kot aye
Spears present Burd aye
Sowinski aye
Motion carried. Ayes: 5 Nays: 1 Present: 1
BLACKBERRY NORTH SUBDIVISION IMPROVEMENTS
A motion was made by Alderman Sowinski and seconded by Alderman Prochaska to
accept the Blackberry North Subdivision Public Improvements as recommended by the City
Engineer. Clerk Simmons called the roll.
Sticka aye Spang aye
Kot aye Spears aye
Burd aye Sowinski aye
Prochaska aye
Motion carried. Ayes: 7 Nays: 0
GREENBRIAR SUBDIVISION ACCEPTANCE OF UNIT 1 AND 2
A motion was made by Alderman Sowinski and seconded by Alderman Prochaska to
accept Unit 1 and 2 of the Greenbriar Subdivision Public Improvements conditional upon
paying outstanding invoices as recommended by the City Engineer.
There was discussion and comments.
Clerk Simmons called the roll.
Spang aye Kot aye
Spears aye Burd aye
Sowinski aye Prochaska aye
Sticka aye
Motion carried. Ayes: 7 Nays: 0
CONTRACT WITH LAYNE WESTERN CO. TO DRILL WELL #5
A motion was made by Alderman Sowinski and seconded by Alderman Prochaska to
authorize the Mayor and City Clerk to execute a contract with Layne Western Company
to drill Well #5 west of Eldamain Road, determine setback zones and to abandon the
existing test well at that site for a cost of$73,500.00.
Alderman Spang stated that it was his understanding that it was a not to exceed figure
because the cost may not make it to $73,500.00.
Minutes of the Regular City Council Meeting August 13. 1998 - Page 6
There was discussion and comments.
Alderman Prochaska withdrew his second. Alderman Sowinski withdrew his motion.
A motion was made by Alderman Sowinski and seconded by Alderman Prochaska to
authorize the Mayor and City Clerk to execute a contract with Layne Western Company
to drill Well #5 west of Eldamain Road, determine setback zones and to abandon the
existing test well at that site for the actual cost of drilling not to exceed $73,500.00. Clerk
Simmons called the roll.
There were questions and comments.
Kot aye Spears aye
Burd aye Sowinski aye
Prochaska aye Sticka aye
Spang aye
Motion carried. Ayes: 7 Nays: 0
ECONOMIC DEVELOPMENT COMMITTEE REPORT
JUNE BUILDING REPORT
A motion was made by Alderman Prochaska and seconded by Alderman Sowinski to
approve the June Building Report as presented. Motion carried by viva voce vote.
PUBLIC SAFETY COMMITTEE REPORT
JUNE POLICE REPORTS
A motion was made by Alderman Kot and seconded by Alderman Prochaska to accept the
June 1998 Police Reports as preCented. Motion carried by viva voce vote.
PURCHASE TWO (2) NEW POLICE SQUAD CARS
A motion was made by Alderman Kot and seconded by Alderman Prochaska to purchase
two (2) 1998 Ford Crown Victoria's with police package through the Chicago Joint
Purchasing Contract from Celozzi-Chavez Ford, Waukegan, IL in the amount of
$20,338.00 per vehicle for a total price of $40,676.00. (Note: These vehicles will replace
M3 120,000 miles and M5 120,000 miles. Both of these vehicles will be turned over to
Public Works and Engineering Department). Clerk Simmons called the roll.
Prochaska aye Sticka aye
Spang aye Kot aye
Spears aye Burd aye
Sowinski aye
Motion carried. Ayes: 7 Nays: 0
(RESOLUTION) 98-9 LOAN AGREEMENT FOR PURCHASE OF
POLICE VEHICLES AND EQUIPMENT
A motion was made by Alderman Kot and seconded by Alderman Prochaska for a
Resolution authorizing the Mayor of the United City of Yorkville to enter into a promissory
note loan agreement with the Yorkville National Bank for the purchase of police vehicles
and equipment, not to exceed $47,000.00, at an interest rate of 5%, with three (3)
payments of$16,560.09 beginning October 1, 1998 at annual time intervals thereafter.
A final payment of the unpaid principal balance plus accrued interest due and payable on
October 1, 2000.
Alderman Sowinski asked if the not to exceed $47,000.00 included the equipment.
Police Chief Graff stated that the loan is a draw down loan in case we do not need the
Minutes of the Regular City Council Meeting August 13. 1998 - Page 7
total amount. He stated that by October 1 he will know what the final cost is and will be
able to advise the City Council of it in a memo.
Alderman Spang asked why we are taking a loan on these vehicles when there are
substantial funds in the budget to purchase the vehicles outright.
Chief Graff stated that they are going to renovate a car this year with 105,000 miles on it
which is in the budget too under vehicle maintenance which has $46,000.00 in it. He
stated that they have taken a certain amount out of the vehicle maintenance budget for the
loan payment, and are anticipating about $10,000.00 for the renovation and they are
possibly looking to purchase a utility vehicle this year. He stated that the development
fees that are to come in this year are still undetermined. He stated that he would like to
keep some of the reserve money.
Alderman Spang stated that if the city was to purchase the two (2) new cars for cash it
would still leave another$16,000.00 in the maintenance area and if the city needed funds
to update car or do the refurbish, we could take a loan at that time rather than pay the
interest now.
Chief Graff stated that the difficulty with that is on the refurbish, the bank was not favorable
to finance a reconditioned vehicle.
Alderman Spang stated, what he meant is we could borrow against the current car and we
would be saving all the interest between now and the time it became necessary.
Alderman Prochaska stated that we would be borrowing against a use car then.
Chief Graff stated the $46,000.00 vehicle maintenance is also dedicated for what comes
out of the contract, so its not a true $46,000.00
Alderman Kot stated that this was discussed at Public Safety Committee and there was a
greater comfort level by spreading the payments out.
Alderman Sticka stated that although he was not present at that meeting, he felt it makes
more sense not to spend all of the money and then suddenly have a need for money. He
stated that it would make sense to finance one of the cars and outright purchase the other.
Chief Graff stated on the draw down loan they would only charge interest on the money
used. He stated that he could draw down on the loan for one of the vehicles and outright
purchase the other vehicle out of the general funds.
Alderman Prochaska asked how long the draw down loan is.
Chief Graff stated that he told the bank he should know what the draw down amount is by
October 1, 1998.
There was more discussion and comments.
Mayor Johnson asked what this does to the motion.
Attorney Kramer stated that the motion stands. He stated, you won't draw down on the
balance of the loan.
Mayor Johnson stated that he feels more comfortable purchasing one car and waiting on
the other.
Alderman Sticka asked, if the council is authorizing the resolution, but instructing staff to
only utilize what is needed.
Minutes of the Regular City Council Meeting August 13. 1998 - Page 8
Attorney Kramer stated that was correct, and not draw down on the balance.
Alderman Spang asked if this should be stated in the motion.
Alderman Prochaska stated that it will be stated in the minutes, that the council is asking
that one car will be purchased.
Clerk Simmons called the roll.
Sticka aye
Spang - stated that without a cap of$23,500.00 he cannot support the motion as
read. He stated that he believes we need to purchase the cars, but stated that he
prefers that we purchase at least one for cash and stated that he does not believe
the city should be obligated beyond the second car and thusly voted Nay.
Kot aye
Spears aye
Burd aye
Sowinski aye
Prochaska aye
Motion carried. Ayes: 6 Nays: 1
ADMINISTRATION COMMITTEE
(ORDINANCE) 98-23 UTILITY TAX FREEZE
A motion was made by Alderman Sticka and seconded by Alderman Sowinski to approve
Ordinance Number 98-23 and to authorize the Mayor and City Clerk to execute said
Ordinance to change from the current 5% Gross Receipt Utility Tax on electricity to the
Ten Class Method which is an equivalent tax rate per kilowatt hour based upon electrical
consumption in Yorkville in 1997.
There was discussion and comments.
Clerk Simmons called the roll.
Spang present Kot aye
Spears aye Burd aye
Sowinski aye Prochaska aye
Sticka aye
Motion carried. Ayes: 6 Nays: 0 Present: 1
ADDITIONAL BUSINESS
Alderman Prochaska stated that we received the money needed to purchase the tree for
the Jerry Lynch Memorial.
Alderman Spang stated the next meeting for the south side of Yorkville, including Ward
1 will be Tuesday, August 25, 1998 at 7:00 PM at Westside Gyros. He stated topics will
include opportunity for citizens to asked about the sidewalk replacement program. He
stated the Police Department will be presenting a small portion of the Citizens Police
Academy for anybody who would like to sample it before signing up. He stated that there
will be a guest speaker, Mr. Mike Franklin with Commonwealth Edison to take questions
from the audience.
•
Minutes of the Regular City Council Meeting August 13, 1998 - Page 9
ADJOURNMENT
A motion was made by Alderman Sowinski and seconded by Alderman Burd to adjourn at
8:19 p.m. Motion carried
By:
P .h-K, je/yrirrriDI--9
Deborah K. Simmons, City Clerk
City of Yorkville, Illinois
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CITY COUNCIL MEETING
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Date: Thursday, August 13 , 1998
Comment to City of Yorkville City Council
Since the last Public Safety Committee Meeting, I have had the
opportunity to speak with several residents of Yorkville about
their views of Yorkville City Code number 96-10 . Although,
several residents differed on how they viewed the ordinance,
they all agreed on the issue of safety. Therefore I would like
to ask Chairman Kot of the Public Safety Committee if I could
be on the agenda for the next Public Safety Committee Meeting
to report examples from residents and problems that have been
caused by the wording of Yorkville City Code Ordinance number
96-10 . My report will be referring to Yorkville City Code number
96-10, and from the same code it refers to Chapter I Section
4-1 -1 , and also from the Federal Guidelines for Fire Prevention
in the Boca National Fire Prevention Code 1996 Edition.
I acknowledge that none of the residents who contributed to
this report nor myself are experts in the topic of safety in
the legal sense but we do know when our safety has been
compromised. I would just like the opportunity to present these
residents ideas to our Public Safety Committee to help guide
them along with other resources they would use if they should
choose to strengthen this ordinance so our fine Police Department
has the tools it needs to effectively enforce it.
I am going to leave a copy of my statement so it can be entered
into todays record.
Thankyou.
9(2:Cy-,41,?9P01.4-h.124
Nancy A. James
Resident of The United City of Yorkville