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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 • • CITY COUNCIL MEETING S--(3-93 PLEASE SIGN IN! NAME: ADDRESS: fic us 6 if IT, lef64Y--/h,/,9-a-utC-44 -6--2;1F ` 7-6,,e.td,n, Ado-, 2P)",_. lye,,e21/J/1 r i J /417/ /1(,p_kly J� 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