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City Council Minutes 1997 11-06-97 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, NOVEMBER 6, 1997. Mayor Bob Johnson 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 Spang Present Sticka Present Ward II Lynch Present Kot Present Ward III Jones Absent (arrived at 7:04) 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 No amendments. MEETING DATES Public Works Committee Monday November 17, 1997 6:30 PM Kendall County Building Conference Room - Suite 3 Economic Development Committee Tuesday November 18, 1997 7:00 PM Kendall County Building Conference Room - Suite 3 Public Safety Committee Tuesday December 2, 1997 6:30 PM Kendall County Building Conference Room - Suite 3 Administration Committee Wednesday November 12, 1997 6:30 PM Kendall County Building Conference Room - Suite 3 CITIZENS COMMENTS. There were none. PUBLIC HEARING. There was none. 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 Lynch to approve the minutes of the October 23, 1997 meeting as presented. Motion carried. BILLS APPROVAL A motion was made by Alderman Prochaska and seconded by Alderman Sowinski to approve the bills dated November 6, 1997 in the amount of $64,986.19 (vendor) $80,823.26 (payroll), for a total of$145,809.45. City Council Minutes - November 6, 1997 - Page 2 Alderman Spang questioned page 3 of the bill list a payment to the Department of Commerce and Community Affairs listed as a final payment of$17,497.27 for the Amurol entrance. Alderman Spang stated that the last payment made for the Amurol Entrance he questioned if it was the last payment and the response was affirmative. Alderman Spang stated that he feels that this should be researched. There was discussion back and forth among the City Council Members regarding the payment and what the exact amount should be. It was determined that the amount that was being paid is the exact amount that was paid before, but the actual final payment as billed was $17,341.91. Police Chief Tony Graff stated that historically there have been two payments per year. Chief Graff also stated the first two payments were in the $33,000.00 range and what probably has been done is the payment was made in two installments instead of one. The City Council agreed to pay the bill because it was due November 1 but asked that this be researched and that City Administrator Jim Nanninga get at hold of the Department of Commerce and Community Affairs to let them know that we are sending the payment. Clerk Simmons called the roll. Sticka aye Kot aye Lynch aye Stafford aye Sowinski aye Jones aye Prochaska aye Spang nay Motion carried 7 aye - 1 nay. ATTORNEY'S REPORT Attorney Kramer asked Alderman Jones to put Sunset on the agenda of the December Economic Development Committee meeting. MAYOR'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report CITY ADMINISTRATOR 'S REPORT City Administrator Jim Nanninga reported that there will be another leaf pick up November 24,25,26, due to the leaves taking longer to fall. Leaves should be on the curb by the morning of November 24tH City Administrator Nanninga asked everyone if they get a chance to thank Frank Wilman for donating the use of his trailer so the concrete blocks could be delivered for the river stabilization project. SCHOOL COMMUNITY REPORT Alderman Spang reported that the Strategic Plan Update Committee has presented the School District with their final long range plan update report. Alderman Spang presented the Mayor with a copy. Alderman Spang stated that in the report there are several issues the committee has asked that the city participate in. Alderman Spang asked the mayor to review the report and send it where he deems appropriate. Alderman Spang stated that Steven Gengler was retained in the school board election and three new members were elected to the school board, Janet Reaves, Teresa Groesch and City Council Minutes - November 6. 1997 - Page 3 William Mikus. The next regular meeting of the School Board will be Monday, November 10, 1997 at 7:30 p.m. in the District Office where they will canvass the election and seat the new board members and elect a new board president. OLD BUSINESS Alderman Lynch stated they ran 1600 people through the Haunted house, ticket sales reached right at $10,000.00 plus another $2,000.00 in cash donations. There was a lot of food and materials donated. Alderman Lynch stated it was a resounding success and there will be a lot of happy kids this Christmas. Alderman Jones asked if the riverfront stabilization project money needs to be taken to the City Council. It was determined that a report should be done at the next Committee of the Whole stating what's going to be done and how the FEMA Money is going to be spent. NEW BUSINESS Alderman Kot announced the monthly Park Board meeting will be Monday, November 10, 1997 and one of the main topic's of discussion is going to be trying to development a music program at the riverfront next summer and anybody interested should attend the meeting. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORTS No report. PUBLIC SAFETY COMMITTEE REPORT A motion was made by Alderman Stafford and seconded by Alderman Sowinski to accept the September Police Reports. Motion carried. ADMINISTRATION COMMITTEE REPORT No report. Alderman Prochaska reminded everybody that the levy will be discussed at the next Administration Meeting, Wednesday, November 12, 1997 and will make a recommendation to the Committee of the Whole the following night, November 13,1997. ADDITIONAL BUSINESS There was none. EXECUTIVE SESSION Mayor Johnson asked to entertain a motion to go into Executive Session for the purpose of litigation, purchase or lease of Real Estate, hiring, firing, disciplining and performance of personal. Mayor Johnson asked Police Chief Tony Graff, Attorney Dan Kramer and Administrator Jim Nanninga to be in the executive session. A motion was made by Alderman Lynch and seconded by Alderman Prochaska to go into Executive Session at 7:26 p.m. Alderman Spang asked, for the purpose of releasing these executive session minutes in the future, do we need to enter into three separate executive sessions. Attorney Kramer replied they can be items in the same session. They can either be City Council Minutes - November 6, 1997 - Page 4 numbered or head them on what the discussion pertained to. Clerk Simmons called the roll. Lynch aye Stafford aye Sowinski aye Jones aye Prochaska aye Spang aye Sticka aye Kot aye Motion carried 8 aye - 0 nay. Accept the Courthouse under the Local Government Transfer Act. A motion was made by Alderman Sowinski and seconded by Alderman Stafford to accept the offer by the County to accept the Courthouse under the Local Government Transfer Act. A motion was made by Alderman Spang and seconded by Alderman Sticka to table this until further information is provided at the next City Council Meeting in two weeks. The question was asked which motion takes precedence. Attorney Kramer stated the motion to table takes precedence. Clerk Simmons called the roll. Jones aye Prochaska nay Spang aye Sticka aye Kot nay Lynch nay Stafford nay Sowinski nay Motion denied 5 nay - 3 aye. At this time Alderman Spang stated he wanted to comment on the motion on the floor. Alderman Spang stated the history of Yorkville and Kendall County are centered in the Courthouse building. The use of that building by anything other than a municipal government would require amended zoning and the cost by a residence would be inappropriate and could not imagine anyone using it in that effect. Alderman Spang continued stating, should the building fall into disrepair or neglect or abandonment the property value of the surrounding homes and businesses would be affected. Alderman Spang stated that the cost comparison we have to date is by far the least expensive cost for the space that is available and in his opinion is the wisest use of our tax dollars. Alderman Spang stated that he has had residence tell him they were in favor of the city keeping the Courthouse building. Alderman Spang stated that there is so much space available to us in the Courthouse building that he cannot see the city needing to lease additional space. He asked everyone to take all this into consideration and vote in the affirmative to accept the building. Alderman Sticka stated that he agreed with Alderman Spang on his comments about the building. Alderman Sticka stated the he feels the reasons for accepting the Courthouse in the first place was because of the inducements and those inducements have been withdrawn. Alderman Sticka stated, the building being old and the estimates given, he feels in his opinion the cost for rehabilitation of the building are to low. Alderman Sticka stated the he would have a difficult time accepting the Courthouse and believes that is the best decision for the Citizens of Yorkville. Alderman Stafford stated in response to Alderman Spang's rebuttal, he feels the citizens of Yorkville have been left in the dark on a lot of things that put this project together. The building we were going to get for free, with some other added land and the first right of refusal on the building the city now sits in. He stated that the City has expended dollars City Council Minutes - November 6. 1997 - Page 5 of tax payers money to do studies on the old Courthouse to figure out how we could make it ADA accessible, how we could use it in the future, a way to keep the Courthouse in our city, but it was a temporary facility. The court decision has taken the rights from us and given it back to the county. Alderman Stafford stated that he believes that this is a breach of agreement. Alderman Stafford stated that as far as his ward, he cannot stand to put many dollars back into an old building without any of the amenities of the other properties. On this decision Alderman Stafford stated that he is going to vote no, that we do not take the Courthouse in our possession. Alderman Prochaska stated that when this whole thing went forward there was an error of comradery between the City Council and the county in trying to get something done and trying to preserve an old building. Alderman Prochaska stated from the City Council's point of view at that time, and Alderman Prochaska stated he was on the City Council at that time, looked at using the Courthouse as a temporary measure for the city. It was never discussed to be used as a permanent home and any dollars that were going to be expended were going to be done on a temporary basis with the city getting right of first refusal for the building we are in now, in the event that the county would move or if something else came along. Alderman Prochaska stated the county made some provisions to the city, being the other property and also another important item that was in the agreement was the county, at no expense to them was going to help the City of Yorkville find funds by which to restore the building and that is not in the County Boards offer either. Alderman Prochaska stated that as far as his ward and the people he's talked to, he does not feel an over expenditure in money into an old building would be a wise thing at this time. Alderman Sowinski stated that he feels we are faced with a difficult decision. Alderman Sowinski continued stating that he does side with Alderman Spang on keeping the old Courthouse. We entered into a contract with the county and it seems like some of the amenities that we were promised were taken away from us. Alderman Sowinski state that he would like to proceed in the manner that we move into the future and build a new building where we're not investing a great amount of money into an old building on a constant basis. Once we build a new building we know exactly what we have and for these reasons that is why he is going to vote that we do not accept the old Courthouse. Alderman Lynch stated that as an owner of an old building he has come to expect the unexpected. Alderman Lynch stated that every time you turn around there is something else that needs to be done and he doesn't feel that the estimates we have for the renovation are anywhere close to being accurate. Alderman Lynch stated he feels that it will cost a whole lot more than the estimated $300,000.00. Alderman stated he is going to vote no. Alderman Kot stated that he did not like the fact that the burden of restoring the old building has fallen on the shoulders of the city when in effect its a county building. Alderman Kot stated he doesn't feel that its fiscally responsible to throw money into the old Courthouse when we really don't have a good solid estimate on what its going to cost to make it a long term facility. Alderman Kot stated that he can't see making that kind of commitment at this point and will probably vote no. Alderman Spang stated based on the comments of the rest of the Council, Alderman Spang stated that he was not sure that he completely understands their comments about the cost of the restoration. Alderman Spang stated that we have engineers on staff and have asked knowledgeable people what the cost would be to rehabilitate the building. We were given those numbers by people that are professional and do that for a living and the results are dramatically less expensive than building a new building. Alderman Prochaska stated the number that was given for the rehabilitation was not to restore the building. It was a minimum amount to enable the city to move in based on the fact that the city would not be using the building for a long term situation. Restoring the • City Council Minutes - November 6. 1997 - Page 6 building would be a whole different situation and would cost a lot more. Alderman Sowinski stated that in the counties own estimate it was going to cost them$1 million to $1.5 million to bring it up to their specifications Alderman Jones stated that these were not written estimates the city got that we can go back on. We were given estimated figures off the top of their heads. Alderman Jones stated that we are going off of 3 year old figures right now. A motion was made by Alderman Prochaska and seconded by Alderman Lynch to call the question. Clerk Simmons called the roll. Prochaska aye Spang aye Sticka aye Kot aye Lynch aye Stafford aye Sowinski aye Jones aye Alderman Sowinski repeated the motion: The motion was made to accept the offer by the County to accept the Courthouse under the Local Government Transfer Act. Clerk Simmons called the roll. Spang aye Sticka nay Kot nay Lynch nay Stafford nay Sowinski nay Jones nay Prochaska nay Motion failed 7 nay - 1 aye. At this time Mayor Johnson stated that he needs to start meeting and discussing the issues of a future home. Mayor Johnson stated this needs to be done at Committee of the Whole on this issue only. Mayor Johnson proposed a meeting date of Wednesday, November 19, 1997, 7:00 pm at the Beecher Center. Mayor Johnson asked Alderman Lynch and Alderman Sticka to work with Jim Nanninga on helping him with options. Mayor Johnson stated that this has been a hard decision and there are a lot of feelings and a lot of emotions. Mayor Johnson stated that we have to look forward now and do what we think is best for Yorkville. Mayor Johnson stated that the City Council will be meeting on a regular basis until we get this issue resolved. ADJOURNMENT A motion was made by Alderman Prochaska and seconded by Alderman Sowinski to adjourn the meeting at 9:32 p.m. Motion carried. By: ),,2,otc451--h K. 111 ,yL4pv Deborah K. Simmons City Clerk CITY COUNCIL MEETING PLEASE SIGN IN! NAME: ADDRESS: C, 0, y,