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City Council Minutes 1997 12-18-97 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, DECEMBER 18, 1997. Mayor Bob Johnson called the meeting to order at 7:02 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 Lynch Present Kot Absent Ward III Jones Present Prochaska Present Ward IV Sowinski Present Stafford 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 Alderman Jones stated under Economic Development Committee Reports she would like to add a possible motion regarding an extension for the Special Use for Shell Oil for 30 days. MEETING DATES Public Works Committee Monday January 19, 1998 6:30 PM Kendall County Building Conference Room - Suite 3 Economic Development Committee Tuesday January 20, 1998 7:00 PM Kendall County Building Conference Room - Suite 3 Public Safety Committee Wednesday January 7, 1998 6:30 PM Kendall County Building Conference Room - Suite 3 Administration Committee Date to be announced 6:30 PM Kendall County Building Conference Room - Suite 3 CITIZENS COMMENTS Don Peterson, 3005 Bristol Ridge Rd., stated he was not a resident of Yorkville but his mailing address is Yorkville and considers Yorkville as his home. He stated he has lived here for 22 years and this is only the third time he has come before the City Council. He stated he felt the City Council does a very good job and he feels that the City Council Members qualifications are unquestioned. He stated that the City Council shows an interest in the community and that the City Council has the courage to stand up and do the type of things that need to be done and third he stated the City Council Members were elected by their constituents and he stated that he considers these three things to be their qualifications. He stated that he respects the qualifications in each and everyone of the City Council Members but felt that the respect is not mutual. He stated the reason why he is here is because at the last meeting it was recorded in the records that the City Council questioned the credentials of someone who was appointed by someone of another body to serve on one of their committees. He stated that this was unbelievable that this persons qualifications were questioned. He stated that some of the City Council Members stated that they did not know who this person was. Don Peterson stated that this person, Janet City Council Minutes of December 18, 1997 - Page 2 Reaves has been active in the community for many years. He stated Janet Reaves has written numerous letters to the editor of both the Beacon News and the Record. He stated she has been very vocal, very visible and very involved in the community for years. He stated that if anyone does not know who Janet Reaves is then they are not aware of what is going on in the community. Secondly, he stated, that her credentials are exactly the same as the City Council members, in that she has showed an interest in her community, she has had the courage to stand up and speak her mind on many difficult subjects and she was elected to a position. He stated that her new board appointed her to serve on a committee with the City Council. He stated even with all that some of the City Council Members questioned her credentials. He stated that he found this appalling. Mayor Johnson asked Don Peterson if he was at the meeting. Don Peterson replied no he was not. Mayor Johnson then asked Mr. Peterson where he was getting this from. Don Peterson stated that unfortunately he tends to believe the Beacon News, and stated that perhaps its misleading but he based it upon an article. Mayor Johnson stated it is very misleading and that it is blown out of proportion. Mayor Johnson stated that no one was questioning Janet Reaves qualifications. He stated that just because you read about someone in the press, does not mean you know that person personally. Mayor Johnson stated that he takes offense to this and no one in this Council was questioning her qualifications. Don Peterson stated that Mayor Johnson should not take offense at him but should take offense against the newspaper that misreported it. Alderman Stafford stated that it wasn't Janet Reaves credentials that were questioned, it was that she was newly elected to the School Board and there was a concern that it might be too much work being on the School Board and the Planning Commission. Alderman Stafford stated that the City Council knows how much work they the City Council Members put in to two jobs and it wasn't her credentials they were questioning. Alderman Sticka stated that Janet Reaves wasn't being singled out. He stated that when he was appointed to the Library Board he was asked to present information about himself. Mayor Johnson stated that Janet Reaves was not singled out. PUBLIC HEARING A motion was made by Alderman Sowinski and seconded by Alderman Lynch to move into Public Hearing regarding requests for variance to the preliminary plan for White Oaks Estates Subdivision for the east side nature trail and also requesting variance of the preliminary plan for White Oaks Estates Subdivision regarding a placement of sidewalks along River Birch Drive in Unit 3. Clerk Simmons called the roll. Sowinski aye Jones aye Prochaska aye Spang aye Sticka aye Lynch aye Stafford aye Motion carried: Ayes: 7 Nays: 0 Tony Robinson, 655 White Oak Way in White Oak Estates Subdivision. Mr. Robinson stated he speaks as a homeowner and a concerned citizen in the subdivision and also serves on the Board of Directors for White Oak Estates Homeowners Association. City Council Minutes of December 18. 1997 - Page 3 Tony Robinson stated that there has been much confusion between Preliminary Plat versus Final Plat, nature trails versus sidewalk requirements, city ordinances versus covenants. He stated last summer as the city tried to complete the list of requirements for the developer to meet before the city would accept or certify the subdivision, Mr. Robinson stated that he was notified that there would not be requirements for nature trails and sidewalks would only be on one side of the road but they have covenants that require sidewalks on both sides of the road. He stated everything got so confusing that he wrote a letter to the City Officials requesting a starting point and for the City to consider the Preliminary Plat as the official document to be used in considering where the sidewalks would be required and where the nature trails would be required in White Oak Estates Subdivision. He stated as a result of that he received a letter from Mayor Johnson indicating that the City had decided that the Preliminary Plat would be the official document used to decide the requirements and placements of the sidewalks and nature trails. He stated with that decision the homeowners filed the petitions for the variances. He stated that the petitions represented the vast majority of what the homeowners would like to have done. He stated they have talked with the developer and have come to an agreed location of where the nature trails will be, how they will be constructed, who will be responsible for constructing them. He stated he has submitted a copy of the letter with this information along with the completion dates of the projects along with the variance. Tony Robinson stated with the side walk issue, the homeowners who live on River Birch Drive down along the river have from the very beginning, held the position that because there are very few homes down there, because its such a natural area, because its not accessible at either end that there is no need for sidewalks in that unit of the subdivision. He stated the homeowners believe that it would detract from the beauty of the neighborhood on the north side of the railroad tracks along the river. He stated that everyone who lives in unit 3 are unanimous in their position. He stated that he walked the neighborhood and talked to everybody he could and got signatures for the City Council's consideration. He stated that the Homeowners Association agree with everyone who lives in Unit 3 and would like to see no sidewalks along there. He stated there was only one person who would not sign, but the majority of the homeowners are in agreement. Mayor Johnson asked Mr. Robinson if he had an idea of what he meant by a vast majority. Tony Robinson stated there were 7 people who owned property he could not get a hold of because they don't live there yet. He stated he walked the neighborhood and knocked on every door and there only 2 people who live there that he could not get a hold of. He stated of all the people he has talked to there were 3 families that would not sign the petition on the nature trails. He stated that one of those families would not sign the petition because the nature trail would go through their back yard, however he stated there is already an easement there and that portion of the nature trail was never in question. He stated that portion has always been planned there and the easements have always been in place both on the Preliminary and Final Plat. He stated the other 2 people, 1 of them just didn't want any part of bringing the issue before the City Council, and the third didn't give a reason just that he wouldn't sign the petition. Mayor Johnson asked Mr. Robinson if the Homeowners Association took a vote on the River Birch issue but not the nature trails. Tony Robinson stated the Directors of the Homeowners Association have discussed at length the sidewalk issue and have discussed the nature trail issue also. He stated that he has been wondering if the nature trail issue is even part of a zoning problem because there has been so much confusion and there are no City Ordinances governing the construction and maintenance of a private Nature Trail that was intended and designed and completely designated for the private use of a group of citizens. He stated, not having any guidance,,to go by, he was wondering what basis the City Council would use, and he stated he assumed that the City Council would use the Preliminary Plat versus the Final Plat and consider what they the homeowners want. City Council Minutes of December 18. 1997 - Page 4 Mayor Johnson asked what exactly are the changes that are being requested for the nature trail. Tony Robinson stated to the best of his knowledge, the original nature trail on the Preliminary Plat goes entirely around the subdivision. He then showed the proposed nature trail on a map. Alderman Sticka stated that it seems the homeowners wanted the City to be part of this as a means to go on. Tony Robinson replied yes. He stated they asked the City to give them a starting point because they were very frustrated with the developer and with the indecisions about the nature trail. He stated the nature trail was one issue, the sidewalks a second issue. He stated the developer was trying to negotiate one against the other. He stated the developer said they could have a nature trail but no sidewalks, and the city said they had to have sidewalks so the developer told them no nature trail and that's why they came to the City for help so they could go back to the developer and say this is what the City has determined. Alderman Sticka asked Tony Robinson the position of the residents regarding the sidewalk issue along River Birch Way where that stretch of road crosses the railroad tracks. Tony Robinson stated he did not know the position of the residents. He stated that they were told that segment of the sidewalks would absolutely, positively be decided by the City because of the crossing of the railroad tracks and it wasn't going to be up for negotiations and that is why he intentionally avoided the issue. He stated they are specifically dealing with the portion along the north side of the tracks along River Birch Drive. Alderman Sticka stated that his recollection when this was first brought to the Cities attention by the residents of River Birch Way, they said this was not a cost issue for them. He stated that the residents said that they didn't feel that the cost for sidewalks was a problem for them, they simply felt that sidewalks were not appropriate in their setting. Tony Robinson replied that was correct. He stated that those residents have given a verbal commitment to invest money in the subdivision, in the cul-de-sac areas or the front entrance way in an amount equal to what it would have cost them for sidewalks to beautify the neighborhood. He stated every single person that lives down there has committed verbally. Alderman Sticka stated that he was under the understanding that the residents would have to make some kind of contribution to the parks. Tony Robinson stated that he has heard it both ways. He stated that there are people on River Birch Drive who would love to give that money to the Riverfront park. Alderman Sticka stated that the City Council has required other homeowners in the city to put in sidewalks which has been an expense to those homeowners. He stated that for the City Council to say to other homeowners you don't need to put in sidewalks, thereby permitting them to save that money is unfair. Tony Robinson stated that he could sit down in a meeting with all of the people who live on River Birch Drive and perhaps the Mayor or one of his designated representatives and come up with a equitable solution. He stated he felt he could get a written commitment tonight from those people if it would make a difference. Alderman Sowinski asked Tony Robinson who was going to pursue the issue with the developer with sidewalks requested on both sides. He asked if this was clarified with the residents. City Council Minutes of December 18. 1997 - Page 5 Tony Robinson stated that with the homeowners it is very clear. He stated that the covenants require sidewalks on both sides and precedence has been set from day one. He stated that in his mind sidewalks are necessary and required. He stated that is why they are appealing to the city to help grant the variance to the people on River Birch Drive. Alderman Sticka stated that he was concerned that if the covenants are going to make other people put in sidewalks at some later date and they say to the Homeowners Association that they did not make the homeowners along River Birch Drive put in sidewalks so you can't enforce them to put in sidewalks. He asked Tony Robinson how they were going to enforce the covenants. Tony Robinson replied it would not be a problem with the way they would legally write the variance in the covenants. He stated that all the people who own property there want the change and they are only making the change for those properties specifically. He stated that it is helpful that this is all one unit and everybody that lives there is in unanimous agreement. Alderman Spang asked for an opinion from City Attorney Dan Kramer if the covenants can be varied for eight blocks and not for the entire subdivision. City Attorney Dan Kramer replied the covenants are done privately and the city cannot enforce the covenants. He replied that as long as the Homeowners Association complies with their percentage majority vote covered in their covenant document, they can change any covenants they want as a group and can also change the covenants to allow some homeowners not to have to comply with certain terms. He stated the city cannot enforce their covenants but the Homeowners Association or any individual homeowner can enforce the covenants by an injunction. Alderman Prochaska asked what kind of liability does this put the City in if the City allows them not to put the sidewalks in and someone gets hit by a car and comes back and says they wouldn't have been hit by a car if there had been a sidewalk there. City Attorney Dan Kramer replied that the findings of the terrain of the properties, and as long as the City can justify, he did not feel this creates any liability. He stated the City does not carry liability insurance for their Homeowners Association. Alderman Spang stated, regarding the nature trail, apparently someone voided an easement and sold off parts of property that was part of a dedicated out lot. Tony Robinson replied, the easement along the northwest side of lot#11 was vacated by the developer and when out lot B was replotted for the clubhouse , parts of out lot B were replotted at the far north end at approximately the same time. He stated, the developer maintains that this was done to reduce his liability. He stated that this was done by the developer before that property was deeded over to the Homeowners Association in May 1997. Alderman Spang asked City Attorney Dan Kramer if these were changes to the Preliminary Plan. He asked if the City Council took action to approve that. City Attorney Dan Kramer replied, not that he knows of. Alderman Spang asked how a preliminary plot that was acted upon by the City Council be changed without the City Council acting on it. City Attorney Dan Kramer replied, the preliminary plat does not get recorded, the document that would make it official is when the final plat is brought back to be recorded. City Council Minutes of December 18, 1997 - page 6 Alderman Spang asked if those changes were made prior to the final plat or were they made after the final plat. Alderman Prochaska asked if a developer can legally change a plat after the City Council approves the final plat. He stated it seems the only thing the City Council can do in dealing with the nature trails is to accept a change on the final plat and request that the final plat be resubmitted with the changes. City Engineer Joe Wyrott stated that this was a private easement not sold to the Homeowners Association and does not require City Council action in order to be changed. CITIZEN RICK MASON, OWNER OF LOT 47 IN WHITE OAKS DEVELOPMENT stated he has been in contention with the location of this particular nature trail but not with the idea of a nature trail. He stated that when he purchased his lot in October 1996 he went into it with the idea and from the developer that the easement for emergency and pedestrian access was going to be released. He stated at the closing the developer's representative gave him a letter from the developer releasing the easement on his property for the nature trail. He stated since that time he as been in numerous discussions with White Oaks regarding this easement. He stated that he believes the public area in the back does demand a nature trail to access it. He stated that he believes the direction the current nature trail is taking is somewhat circuitous and not physically worked out best for the homeowners that live in that area. He stated the current nature trail follows down into a river bed area and then along side a retaining pool and then follows back along the final lots to its end. He stated he has a concern with the nature trail being placed there. He stated the initial plan for the nature trail was to be a low impact type. He continued stating that a large portion of the retaining pool and river will need to be rerouted and filled in as well as a retaining wall placed in order to allow access. He stated the current nature trail will ultimately involve 5 different homeowners and he believes that there is a more direct route in the cul-de-sac. He stated that he has been in disagreement with this nature trail from the beginning and feels the route it takes is not a wise one and is going to ultimately be a large maintenance problem for the homeowners in White Oaks. He stated they are already cutting down trees back there. He stated that he stands against the location of the trail. City Attorney Dan Kramer stated the developer does not have the authority to release property for emergency purposes. DAVE HENRY, OWNER OF LOT 48 IN WHITE OAKS SUBDIVISION, stated that the area is beautiful and feels that it should be accessed by the entire community and does not want to shut that out. He stated he does have some concerns. He stated that when he purchased his lot the plot did show a 30 foot easement but did not state a pedestrian trail or emergency vehicle access. He stated that there is an additional emergency vehicle access up on lots 49 and 50 and that will get an emergency vehicle down to the pond. He stated that he has built his home and is very happy with and the area, his neighbor and the subdivision but he stated he was not aware of the pedestrian trail. He stated that Tony Robinson did come over and walked him down where they are going to put the trail. He stated he has called the developer and got their people who are developing the trail out into the areas to see exactly how they are going to impact it. He stated that his major concern is the ability of the developer to develop a pedestrian trail through there. He stated he has pictures of the actual area showing the amount of land they would have to move. He also stated he has pictures of the work already done, showing similar magnitude when they dammed the stream to make a lake. He stated that its shipshot at best. He stated that they had problems before he moved in and its still not much of a high quality standard. He stated that he feels that their standards of workmanship will not be any better on a project on his lot. He stated he also feels there is a straighter path. City Council Minutes of December 18. 1997 - Page 7 Alderman Spang asked Dave Henry if he is favor with the variance or realignment of the nature trail or is he asking that not be done. Dave Henry replied that he is against the variance that is proposed and laid out through his yard. He stated he is against a variance from the original plot. He stated he was never given any propaganda showing a nature trail through the back of his lot. Alderman Stafford asked Dave Henry when he was sold the lot, how was it proposed to him. Dave Henry replied the plot he has and the plot he had from the city at the time of closing shows a 30 feet easement and does not show a pedestrian trail or emergency vehicle access. Tony Robinson stated that the variance has nothing to do with Lots 47 and 48. He stated the nature trail was always planned to be through there and the easement always existed through there. He stated when they are asking for the variance, they are not asking for any changes on lots 47 and 48, they are asking for variance from what was preliminary across the North side of the railroad tracks along what was originally behind lots 10 and 11. He stated he has discussed and discussed with the developer to attain as much as possible of the natural setting and to keep as minimal equipment possible. Alderman Sticka asked Tony Robinson that if he walks on their nature trail, is he a trespasser. Tony Robinson replied legally yes he would be a trespasser. ED SHARER, 207 SPRUCE COURT IN WHITE OAKS SUBDIVISION, stated he wanted to address the issue of sidewalks. He stated he sympathizes with the people who live in the area where they do not want sidewalks because there is no access to it from the rest of the community. He continued and questioned why there were no sidewalks on River Birch Lane going across the railroad tracks. He stated that people belong on sidewalks not on the street. He expressed concern that if someone was walking there dark colored dog at night they could get hit by a car, or if someone walked their babysitter home they could get hit by a car. City Engineer Joe Wyrott stated that in the preliminary and final plan there is supposed to be a sidewalk on one side only along River Birch Lane, crossing the railroad tracks. Alderman Spang stated that his expectation is there will be a sidewalk there as stated on the final plan. Mayor Johnson concurred with Alderman Spang. TOM PARADIS, JR., 637 WHITE OAK WAY IN WHITE OAKS SUBDIVISION, stated he has been having some problems that need to be taken care of. He stated his property is Lot 16. He stated he is one of the ones that does not have a sidewalk leading down to where the street T's off. He stated the developer came in and did not grade it properly and level it off and there is a very steep grade. He stated the railroad owns from the tracks to 50 feet toward his property, he asked if a sidewalk is going to be put in who's going to put in the 50 feet. He stated that he has been told by Crestview Builders to put the sidewalk in. He stated that he has spoken to the City, to Joe Wyrott, to J.T. Johnson and they told him not to do anything until this was all finalized on what to do. He stated that with the sidewalk he did put in, the developer keeps coming and tearing up his front yard. He asked the City to do something about it because he has done all he can. He stated that he personally went to the developer and the developer said he would come out and take a look at it and he didn't. He stated that he has had two contractors City Council Minutes of December 18. 1997 - Page 8 come out and look at putting a sidewalk in and they won't do it without a retaining wall. Alderman Spang asked City Engineer Joe Wyrott regarding the 50 feet, who would be responsible for across the right away. City Engineer Joe Wyrott replied, they would ask the developer to build the sidewalk. Attorney Kramer stated it would be subject to what the Railroad would want and then it would be the responsibility of the developer. A motion was made by Alderman Sowinski and seconded by Alderman Lynch to go out of Public Hearing. Clerk Simmons called the roll. Jones aye Prochaska aye Spang aye Sticka aye Lynch aye Stafford aye Sowinski aye Motion carried: Ayes: 7 Nays: 0 PLANNING COMMISSION/ZONING BOARD OF APPEALS/SIGN REVIEW BOARD No report MINUTES FOR APPROVAL A motion was made by Alderman Prochaska and seconded by Alderman Spang to accept the minutes of the regular meeting of the City Council of December 4, 1997 as presented. Motion carried. BILLS FOR APPROVAL A motion was made by Alderman Prochaska and seconded by Alderman Lynch to accept the bills dated December 18, 1997 in the amount of $204,971.53 (vendor), $70,539.33 (payroll), for a total of$275,510.86. Alderman Spang asked if the city owns a Thunderbird. The answer was yes. Clerk Simmons called the roll. Sticka aye Lynch aye Stafford present Sowinski aye Jones aye Prochaska aye Spang aye Motion carried: Ayes: 1 Nays: 0 Present: 1 ATTORNEY'S REPORT No report. MAYOR'S REPORT Mayor Johnson stated he received a letter from Michael Crouch of the School Board. He stated Michael Crouch has been sitting in as a representative on the Planning Commission representing the School District, and because of his recent selection as the School Board Chairman he is resigning as a representative on the Planning Commission. He stated that the Board of Education has recommended Janet Reaves be appointed as representative to the Planning Commission representing the School District. City Council Minutes of December 18, 1997 - Page 9 Mayor Johnson stated that the ordinance for appointment of Representatives from the School District only requires Mayoral appointment and not City Council approval. Mayor Johnson formally appointed Janet Reaves to the Planning Commission as representative of the Yorkville School District. Janet Reaves stated that she is looking forward to being part of the Planning Commission. She stated that she had no problem discussing with Mayor Johnson what outside qualifications she brought into the job. CITY CLERK'S REPORT Clerk Simmons asked for a motion to accept the Executive Session Minutes of December 4, 1997. A motion was made by Alderman Spang and seconded by Alderman Prochaska to accept the Executive Session minutes of December 4, 1997. Motion carried. CITY TREASURER'S REPORT No report CITY ADMINISTRATOR 'S REPORT No report. SCHOOL COMMUNITY REPORT No report. OLD BUSINESS None. NEW BUSINESS Mayor Johnson asked the Council what action they would like to take on the Variance Requests for White Oaks Subdivision regarding Nature Trails and Sidewalk Placement. There was discussion and questions by the City Council members. The consensus was they did not feel comfortable acting on something that would be contradictory to the covenants. They wanted the issues resolved and covenants changed before the City Council takes action. The issue of the sidewalk crossing the railroad tracks. Need to check in to permits from the Railroad. J.T. Johnson stated there are permits from the Railroad for that crossing from 1993, but he was not sure what they said. Police Chief Tony Graff stated there was an accident about two years ago at that railroad crossing that is still in litigation. He recommended get information from the ICC see if they ruled sidewalks had to be put in. He stated that he didn't think they would have because they do not like to allow sidewalks on private crossings and that is common practice with them. He stated that we should be very careful about permitting or building on railroad crossings until we see what the liability would be. A motion was made by Alderman Spang and seconded by Alderman Sticka to table the variance request 97-1 and 97-2 with a status of 1-22-98. City Council Minutes of December 18. 1997 - Page 10 Clerk Simmons called the roll. Stafford aye Sowinski aye Jones aye Prochaska aye Spang aye Sticka aye Lynch aye Motion carried: Ayes: 7 Nays: 0 COMMITTEE REPORTS PUBL)C WORKS COMMITTEE REPORT (SEVEN YEAR WATER CAPITAL IMPROVEMENTS) A motion was made by Alderman Sowinski and seconded by Alderman Prochaska to approve the seven year Water Capital Improvements as presented, with an estimated cost of$3,259,000.00 contingent upon funds being available. Clerk Simmons called the roll. Lynch aye Stafford aye Sowinski aye Jones aye Prochaska aye Spang aye Sticka aye Motion carried: Ayes: 7 Nays: 0 (SIDEWALK REPLACEMENT AT 105 E. WASHINGTON) A motion was made by Alderman Sowinski and seconded by Alderman Lynch to approve the payment of $581.00 to Ms. Barbara Thorson for 50% of the Public Sidewalk replacement at 105 E. Washington when completed. Clerk Simmons called the roll. Sowinski aye Jones aye Prochaska aye Spang aye Sticka aye Lynch aye Stafford aye Motion carried: Ayes: 7 Nays: 0 (RESOLUTION NO. 97-33) 1998 MFT RESOLUTION A motion was made by Alderman Sowinski and seconded by Alderman Lynch to authorize the Mayor and City Clerk to execute the 1998 Resolution for Maintenance of Streets and Highways appropriating $39,000.00 of Motor Fuel Tax funds for street maintenance materials. Clerk Simmons called the roll. Jones aye Prochaska aye Spang aye Sticka aye Lynch aye Stafford aye Sowinski aye Motion carried: Ayes: 7 Nays: 0 ECONOMIC DEVELOPMENT COMMITTEE REPORT (SHELL OIL SPECIAL USE 30 DAY EXTENSION UNTIL END OF JANUARY 1998) Alderman Jones stated the Special Use that was placed on the property at the corner of City Council Minutes of December 18. 1997 - Page 11 Route 34 &47, the Shell Oil property, the Special Use required them to take out a building permit by the end of 1997 or it goes away. She stated they have surveyed the property and have talked with our engineers but feels that it might be cutting it close and it might not be until the second week in January 1998 before they actually take out the permit. She stated that to avoid this coming back in a rush, she stated she thought that the City Council could give them a 30 day extension until the end of January 1998. She stated that they did talk briefly at the Economic Development meeting with the members that were there. A motion was made by Alderman Jones and seconded by Alderman Sowinski to extend the start date as to construction commencement on the Shell Oil Special Use for 30 days and direct Attorney Kramer to draft an amendment and to authorize the Mayor and City Clerk to execute. Clerk Simmons called the roll. Prochaska aye Spang aye Sticka aye Lynch aye Stafford aye Sowinski aye Jones aye Motion carried: Ayes: 7 Nays: 0 PUBLIC SAFETY COMMITTEE REPORT (OCTOBER POLICE REPORTS) A motion was made by Alderman Stafford and seconded by Alderman Sowinski to accept the October Police Reports as presented. Motion carried. (PREEMPTION TRAFFIC SIGNAL GRANT APPROVAL FOR PURCHASE) Police Chief Tony Graff gave a brief explanation and there was discussion and questions by the City Council members. A motion was made by Alderman Stafford and seconded by Alderman Lynch to purchase ten (10) Emergency Preemption System-II, traffic signal preemption system at a costs of $5,000.00 each, per four-way intersection, plus installation, subject to receipt of 90% approved funding with the approval of the Kane County Council of Mayors, Transportation Improvement Program FY98 TIP, Grant#09-0102. Clerk Simmons called the roll. Spang aye Sticka aye Lynch aye Stafford aye Sowinski aye Jones aye Prochaska aye Motion carried: Ayes: 7 Nays: 0 ADMINISTRATION COMMITTEE REPORT (ADMINISTRATION JOB DESCRIPTION - SECRETARY/DEPUTY CLERK) A motion was made by Alderman Prochaska and seconded by Alderman Sowinski to approve the job description for replacement of a retiring employee for the position of Secretary/Deputy Clerk, subject to language to comply with the Americans with Disabilities Act as provided by the City Labor Attorney and approved by the Mayor. City Council Minutes of December 18. 1997 - Page 12 Clerk Simmons called the roll. Lynch aye Stafford aye Sowinski aye Jones aye Prochaska aye Spang aye Sticka aye Motion carried: Ayes: 7 Nays: 0 (ORDINANCE NO. 97-27) 1997-1998 TAX LEVY ORDINANCE A motion was made by Alderman Prochaska and seconded by Alderman Spang to authorize the Mayor and City Clerk to execute the Ordinance for the Levy and Assessment of Taxes for the fiscal year beginning May 1, 1997 and ending April 30, 1998 for the United City of Yorkville in the amount of$984,691.00. Clerk Simmons called the roll. Stafford aye Sowinski aye Jones aye Prochaska aye Spang aye Sticka aye Lynch aye Motion carried: Ayes: 7 Nays: 0 ADDITIONAL BUSINESS Alderman Spang passed out information that a resident asked him to bring to everyone's attention and stated that they would talk about it at a later date. Alderman Lynch reminded everyone of the Christmas Party Saturday, December 20, 1997. (APPOINTMENT OF LABOR ATTORNEY BOB SMITH AS LEAD NEGOTIATOR FOR THE PURPOSE OF COLLECTIVE BARGAINING WITH THE FOP FOR FISCAL YEAR 1998) Police Chief Tony Graff stated the Executive Session is canceled. He stated the Labor Attorney was unable to come. He stated that the Labor Attorney requested that since they were served notice by the FOP to open contract bargaining for Fiscal Year 1998 that the someone be appointed as negotiators to enter into collective bargaining with the FOP. He requested the Mayor to appoint our Labor Attorney Bob Smith as lead negotiator and himself as co-negotiator. A motion was made by Alderman Prochaska and seconded by Alderman Lynch to appoint Labor Attorney Bob Smith as lead negotiator and Police Chief Tony Graff as co-negotiator for the purpose of entering into collective bargaining with the FOP for Fiscal Year 1998. Clerk Simmons called the roll. Lynch aye Stafford aye Sowinski aye Jones aye Prochaska aye Spang aye Sticka aye Motion carried: Ayes: 7 Nays: 0 Alderman Jones announced the winners of the Christmas Tree decorating contest. Library First Place Girl Spouts Second Place Tri Group Third Place City Council Minutes of December 18, 1997 - Page 13 Alderman Jones stated the trees were taken to the Food Pantry to be distributed to needy families. ADJOURNMENT A motion was made by Alderman Spang and seconded by Alderman Lynch to adjourn the meeting at 9:12 p.m. Motion carried. By: 0.i.-Ot c8-t; . Deborah K. Simmons, City Clerk City of Yorkville, Illinois CITY COUNCIL MEETING lag3-r7 PLEASE SIGN IN! NAME: ADDRESS: I ' key 63 Zo . aC_ (---/ 4 ,__ ./ei/z -z-i- - ---, z-,j, /.J >,/?"3 , a P G-3 ---) wh, v ,_ 00,k Wcki . / f V ;/,f/ -(d pc n 2JrvQ 3C:S 4g,,,,. 1 11 C))(' AA ' /7 �[A' 4 r/ (+ ii ! , , , (oo 5 P6-0-4,01L/4.4 40-_,-.1 ,' - C o7 , , d .,--t., - - /i'llt \, . .9, • if 6e_C 4tcz( t/td ,dx , ,e ,,,Atv ,iet,4 2/_.;ir . 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