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City Council Minutes 1996 12-19-96 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS HELD AT THE KENDALL COUNTY BOARD ROOM ON Thursday, December 19 , 1996 Mayor Johnson called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. Clerk Allison called the role: ROLL CALL Ward I Callmer Present Spang Present Ward II Baker Present Lynch Present Ward III Jones Present Prochaska Present Ward IV Sowinski Absent (arrived 7:05) Stafford Absent A quorum was established. OUORUM INTRODUCTION OF GUESTS Mayor Johnson welcomed those present and asked them to introduce themselves. AMENDMENTS TO THE AGENDA The CABO Code was added to the Economic Development report. MEETING DATES The council reviewed the listing of committee meetings. Meetings will be held as stated except the Public Safety meeting has been moved to January 22 from January 15. CITIZEN COMMENTS Mayor Johnson asked for any citizen comments. There were none. Sgt. Harold Martin of the Yorkville Police Department presented Mayor Johnson and Chief Graff with a plaque and other memorabilia from his recent visit to Hemel Hempstead in England. PUBLIC HEARINGS A motion was made by Alderman Callmer and seconded by Alderman Baker to move into Public Hearing. Clerk Allison called the role: Prochaska - aye Sowinski - aye Spang - aye Callmer - aye Baker aye Lynch - aye Jones - aye Motion carried. City Council Regular Session - December 19, 1996 - page 2 Attorney Kramer stated that the council is required to hold a Truth in Taxation Hearing if the amount requested is over the last year's extension by 5% or more. This year, the amount requested is 8. 2% over last year's. However, this does not correlate back to the tax bill due to the calculation factors used including the equalized assessments and growth factors. The motion will be to approve a levy not to exceed 8.2% but could be actually come in lower than this amount. Alderman Prochaska stated that the actual tax rate is dropping by almost $ .02. This was calculated utilizing the proposed tax cap and a 2.5% cost of living increase. The average amount to be seen by the consumer at the 2.5% if their home had been reassessed at $150,000 is $12.00. The council used the proposed tax cap guidelines when analyzing this year's tax levy. There being no further discussion on this issue the public hearing was moved over to PC 96-18, Edmeier / Fox Highlands. To discuss the annexation, zoning and preliminary plan conditioned upon the PUD and the sewer agreement. The property is located on Route 71. Administrator Nanninga stated that they are asking for approval of the preliminary plan subject to the PUD agreement. Attorney Kramer indicated that when annexing the property to the City, the Public Hearing is required when there will be an annexation agreement. A motion was made by Alderman Lynch and seconded by Alderman Sowinski to move out of Public Hearing. Clerk Allison called the role: Callmer - aye Lynch - aye Jones - aye Prochaska - aye Sowinski - aye Spang - aye Baker - aye Motion carried. PLAN COMMISSION / ZONING BOARD OF APPEALS Alderman Jones stated that the council is being asked to approve the annexation, zoning and preliminary subject to the PUD and Sewer Agreements as well as the final engineering. Alderman Callmer asked about the sanitary sewer agreement being discussed. Attorney Kramer stated that the discussion still continues regarding an agreement for the developer to pay some up front costs for the sanitary / sewer requirements. Alderman Callmer asked about the costs of repitching some of the sewer line so that existing residents do not have to pay for new development. Alderman Prochaska indicated that the city would not be held liable for any monies if this does not go through. Attorney Kramer agreed stating that if the lines are not built there will be no development. Alderman Spang asked if this is approved subject to those negotiations and the negotiations broke down, would the city be required to annex the property. Attorney Kramer indicated that they would not be annexed if those requirements are not completed. Alderman Spang also stated that he would not be voting on these issues due to an outside business relationship he has with the developer. Ordinance 964 - Annexation Edmeir/Doetschman A motion was made by Alderman Jones and seconded by Alderman Sowinski to approve the annexation of the Edmeir / Doetschman PC 96-18 property subject to the written annexation agreement, the PUD Agreement, final engineering and sanitary / sewer agreement. Clerk Allison called the role: City Council Regular Session - December 19 . 1996 - page 3 Prochaska - aye Sowinski - aye Spang - abstain Callmer - aye Baker - aye Lynch - aye Jones - aye Motion carried. Ordinance 96- Zoning Edmeir / Doetschman A motion was made by Alderman Jones and seconded by Alderman Prochaska to recommend zoning of R-2 PUD on the Edmeir / Doetschman property, PC 96-18, subject to the written annexation / PUD Agreements, final engineering and sanitary / sewer agreement. Clerk Allison called the role: Callmer - aye Lynch - aye Jones - aye Prochaska - aye Sowinski - aye Spang - abstain Baker - aye Motion carried. Ordinance 96-IL"- Preliminary Plan PC96-18 A motion was made by Alderman Jones and seconded by Alderman Prochaska to recommend approval of the preliminary plan of PC 96-18 Edmeir / Doetschman property, subject to the written annexation / PUD Agreements, final engineering and sanitary / sewer agreement. Clerk Allison called the role: Prochaska - aye Sowinski - aye Callmer - aye Baker - aye Lynch - aye Jones - aye Spang - abstain Motion carried. MINUTES APPROVAL A motion was made by Alderman Sowinski and seconded by Alderman Jones to approve the minutes of December 5, 1996 as presented. Motion carried. BILLS APPROVAL A motion was made by Alderman Prochaska and seconded by Alderman Sowinski to approve the bills dated December 19, 1996 with vendor bills not to exceed $194,196.41, payroll of $59,558.57 for a total not to exceed $253 ,754.98. Alderman Prochaska indicated that an amount needed corrected in the vendor bills. Alderman Sowinski withdrew the second and Alderman Prochaska withdrew the motion. A motion was made by Alderman Prochaska and seconded by Alderman Spang to approve and pay bills dated December 19, 1996 in the amount of $193 ,194. 16 vendor, $59,558.57 payroll for a total of $252,752.73. Alderman Jones asked about the Com Ed bill listed. J.T. Johnson indicated that discussion is being held with Com Ed to get the street lights located at the Riverfront Park on a street light rate versus the metered rate they are currently on. Also, the existing rate includes a demand charge. The cost to run these lights should be much lower than what is now being charged. He will also be discussing the gazebo park as well since antique street lights were also installed there recently. Clerk Allison called the role: Callmer - aye Lynch - aye Jones - aye Prochaska - aye Sowinski - aye Spang - aye Baker - aye Motion carried. City Council Regular Session - December 19 . 1996 - page 4 ATTORNEY'S REPORT Attorney Kramer indicated that they have received notice by mail that the lawsuit the city was named in by Loftus / Merchant's National Bank has taken a voluntary dismissal in the case. Evidently some of the witnesses stated that the child was hurt playing football. The only open issue for the city at this time is a discussion with Dwyer and the insurance company regarding costs. Attorney Kramer indicated that additional annexations will be sent to EDC in January. These will be commercial property annexations. MAYOR'S REPORT Mayor Johnson presented the new listing of city council and COW meetings for 1997. The council meetings will be held the second and fourth Thursday of each month except in November and December due to Holiday's. Also, the COW meetings will be held on the first and third Thursday's except in November and December due to holiday's. Mayor Johnson is recommending the nomination of Sharon Rollins to the Library Board. A motion was made by Alderman Spang and seconded by Alderman Prochaska to confirm the nomination of Sharon Rollins to the Library Board. Clerk Allison called the role: Prochaska - aye Sowinski - aye Spang - aye Calimer - aye Baker - aye Lynch - aye Jones - aye Motion carried. Mayor Johnson informed the council that he received a letter recently from Kathy Rigoni, Coordinator for Mutual Ground. This letter commended Chief Tony Graff for his Community Policy Philosophy. Also, Mayor Johnson announced a meeting to be held with the Yorkville Bristol Sanitary District on Tuesday, January 7, 1997 at 6:00 p.m. at the Sanitary District Offices on River Road. CITY CLERK'S REPORT No Report CITY TREASURER'S REPORT Treasurer Scheffrahn stated that the city had a month end October 1996 balance of $800,417. 77. A motion was made by Alderman Prochaska and seconded by Alderman Baker to accept the City Treasurer's report for the months of September and October 1996 as presented. Motion carried. CITY ADMINISTRATOR REPORT Administrator Nanninga indicated that they had placed the 1988 Caprice up for bid recently. Only one bid was received. This was from Kim King for $100. The City did receive $2,000 from the insurance company from the accident that the car was recently in. A motion was made by Alderman Spang and seconded by Alderman Baker to accept the $100 bid from Kim King. Clerk Allison called the role: Callmer - aye Lynch - aye Jones - aye Prochaska - aye Sowinski - aye Spang - aye Baker - aye Motion carried. City Council Regular Session - December 19 1996 - page 5 Administrator Nanninga stated that the city is looking into opening a ice skating rink near the river in the park. Also, the contractor / developer meeting is being delayed sightly so that the city may utilize the F.E. Wheaton facilities. F.E. Wheaton is anticipating their facility opening on January 6, 1997. Economic Development Commission Report Mayor Johnson reported that the next meeting will be discussing the role of the municipalities in the EDC. School Community Report Alderman Jones stated that the next regular school board meeting will be held on January 15, 1997 at 7:30 p.m. at the district offices. Old Business None New Business Alderman Prochaska stated that he recently received a letter from the Kendall County Food Pantry thanking everyone for the donations received during the tree lighting event. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE k - 3S A motion was made by Alderman Lynch and seconded by Alderman Sowinski to approve the resolution authorizing the Mayor to sign the Hold Harmless Letter with Gary Bennett allowing the City to burn brush. Clerk Allison called the role: Spang - aye Callmer - aye Baker - aye Lynch - aye Jones - aye Prochaska - aye Sowinski - aye Motion carried. ECONOMIC DEVELOPMENT COMMITTEE A motion was made by Alderman Jones and seconded by Alderman Prochaska to accept the October and November 1996 Building Reports as presented. Motion carried. Ordinance 96-/BOCA BUILDING CODE Building Inspector Dettmer asked for this to be updated to include fire protection system requirements on attached dwellings. Alderman Spang asked how this would effect those building already in process. This would be effective with new projects only which have not yet received a building permit. Alderman Prochaska asked if the buildings know that this will become a requirement. Mr. Dettmer stated that some do and some do not. Chief Graff asked if the fire department has been made aware of this standard. Mr. Dettmer indicated that they have been made aware of the requirement. It is a cost factor of approximately $1,000 per unit. A motion was made by Alderman Jones and seconded by Alderman Sowinski to accept the ordinance providing for an amendment of the 1996 BOCA Building Code for the United City of Yorkville. Clerk Allison called the role: Baker - aye Lynch - aye Jones - aye Prochaska - aye Sowinski - aye Spang - aye Callmer - aye City Council Regular Session - December 19, 1996 - page 6 Motion carried. ORDINANCE 96-(ffCABO BUILDING CODE A motion was made by Alderman Jones and seconded by Alderman Baker to accept the ordinance providing for an amendment of the 1995 CABO building code for the United City of Yorkville. Clerk Allison called the role: Jones - aye Prochaska - aye Spang - aye Callmer - present Baker - aye Lynch - aye Sowinski - aye Motion carried. ORDINANCE 96- MCONTRACTOR REGISTRATION A motion was made by Alderman Jones and seconded by Alderman Sowinski to approve an ordinance providing for the Registration of Contractors working in the United City of Yorkville. Alderman Prochaska asked if this needed an effective date so that the builders and developers could be educated on the requirements. Mr. Dettmer stated that this was discussed at a past meeting about a year ago. Alderman Prochaska requested to amend the motion to make the ordinance effective February 1 , 1997. Seconded by Alderman Lynch. Clerk Allison called the role on the amended motion: Lynch - aye Jones - aye Prochaska - aye Spang - present Callmer - aye Baker - nay Sowinski - aye Clerk Allison called the role on the original motion: Sowinski - aye Baker - nay Lynch - aye Jones - aye Prochaska - aye Spang - present Callmer - aye Motion carried. PUBLIC SAFETY COMMITTEE A motion was made by Alderman Callmer and seconded by Alderman Lynch to accept the September, October and November 1996 Monthly Police Reports. Motion carried. Ord. 96- Traffic Ordinance for No Passing A motion was made by Alderman Callmer and seconded by Alderman Prochaska to approve an ordinance for No Passing on the Shoulder of a Roadway for all State Routes within the City Limits. Clerk Allison called the role: Sowinski - aye Baker - aye Lynch - aye Jones - aye Prochaska - aye Spang - aye Callmer - aye Motion carried. Intergovernmental Agreement - Yorkville School A motion was made by Alderman Callmer and seconded by Alderman Baker to renew the Intergovernmental Agreement with the Yorkville School District to provide a police liaison officer to the School District in the amount of $16,000. This will be effective August 1 1996 to June 30 1997. Clerk Allison called the role: • • I i City Council Regular Session - December 19. 1996 - page 7 Prochaska - aye Sowinski - aye Spang - aye Callmer - aye Baker - aye Lynch - aye Jones - aye Motion carried. ADMINISTRATION COMMITTEE C6., - I Ordinance 1996-1997 TAX LEVY A motion was made by Alderman Prochaska and seconded by Alderman Lynch to adopt the Tax Levy in the amount of $894 ,402 for 1996 - 1997 fiscal year at a proposed rate of $1.0076 / $100 of assessed valuation. Alderman Spang indicated that he was proud that the City could keep the rate down without the tax cap in place even when other governmental bodes are not doing this. He feels that the numbers the council came up with are very commendable. Alderman Prochaska stated that he feels the city is being fiscally responsible while maintaining the tax cap levels. This will require monitoring of the budget throughout the year. Alderman Jones stated that for clarification some of the numbers discussed earlier did not include the library totals. Last year's number was $827,097. This year's at $894,402 is an increase of $67,000. Clerk Allison called the role: Callmer - aye Lynch - aye Jones - aye Prochaska - aye Sowinski - aye Spang - aye Baker - aye Motion carried. CODIFICATIONS Alderman Prochaska indicated that the codifications have not yet been sent in and they are estimated to be at $5,500 to complete. It is being recommended that the city submit only what is budgeted for at this time. A motion was made by Alderman Prochaska and seconded by Alderman Lynch to approve codifications at a cost not to exceed $3,000. Clerk Allison called the role: Spang - aye Callmer - aye Baker - aye Lynch - aye Jones - aye Prochaska - aye Sowinski - aye Motion carried. ADDITIONAL BUSINESS Alderman Jones informed the council that in regard to the Com Ed bill discussed earlier, some of the extra costs would be for the Hometown Days event and the booths that utilized electric services over the weekend. Chief Graff stated that December 20th is Light Up and Live Day. People are being asked to drive with their headlights on in memory of those who have lost their lives to drunk drivers. ADJOURNMENT A motion was made by Alderman Callmer and seconded by Alderman Sowinski to adjourn the meeting at 8:13 p.m. Motion carried. By Aeli = Allison - ity Clerk . - -... . * , ... d/C 1 4 J c'_:), _ C , 1 ( C Cik- l-) •l--'4 it il* ---7 if 3 -0 N • , c,.___ A.4.,,,,, :-.LAJL5 ,c, ,f2L ,. 0 6i,„), ( a_ tv(a,„ et i, d - pi 1 Ti, i--na -' AL. ,/,, I ,Ak_A- c .