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City Council Minutes 1994 02-24-94 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS HELD AT THE BEECHER CENTER, ON FEBRUARY 24, 1994 Mayor Kittoe called the meeting to order at 7: 00 p.m. and led the Council in the Pledge of Allegiance. Clerk Allison called the roll: ROLL CALL Ward 1 - Baird Present Callmer Present Ward 2 - Baker Present Clark Present Ward 3 - Jones Present Prochaska Present Ward 4 - Johnson Present Stafford Present A quorum was established. OUORUM INTRODUCTION OF GUESTS Mayor Kittoe asked all those present to introduce themselves. Others present included: Kathy Farren, Dave Van Boekel, Keith Wheeler, Jodi Elliott, Marty Haggerty PUBLIC HEARINGS NONE MINUTES APPROVAL Alderman Baird moved to waive the reading of the minutes from the regular council meeting of February 10th and approve the minutes as presented. Seconded by Alderman Johnson. Motion carried. Alderman Baird moved to waive the reading of the minutes from the special council meeting of February 17th and approve the minutes as presented. Seconded by Alderman Prochaska. Motion carried. BILLS APPROVAL Alderman Baird made a motion to approve and pay bills in the amount of $314,512 as presented. Seconded by Alderman Stafford. Alderman Callmer raised a question concerning the payment to Dwyer. He asked if the water problem on the south side of town has been addressed. Administrator Peck explained the process needed to correct this situation. These items will be corrected prior to the pressure testing. The final bill will not be paid until this is all corrected. Alderman Stafford questioned the payment on the Soukup litigation. This is all paid current. Clerk Allison called the roll: Callmer - aye Baird - aye Baker - aye Clark - aye Prochaska - aye Jones - aye Johnson - aye Stafford - aye Motion carried 8-0. CITIZEN COMMENTS Dave Van Boekel of Wheeler Inc. requested that Keith Wheeler be able to speak to the council upon his arrival to the meeting. Jodi Elliott of Meetballs raised a question concerning the new Code of Conduct on the Liquor License asking why this ordinance is necessary. City Council Minutes - February 24, 1994 - page 2 Alderman Johnson responded that the ordinance addresses three phases: a) No liquor allowed in the City parks, etc. b) Requires establishments to notify policy of certain information within 48 hours of the occurrence c) Does not allow any lewdness or solicitation. Jodi Elliott again asked the question why this is necessary. Chief of Police Tony Graff responded that they are attempting to take a pro-active stance on these items due to the growth coming into the area. He stated that newcomers would be required to follow the good standards already in process within the City of Yorkville. Jodi Elliott again asked the purpose of the ordinance and what a definition of altercation is. Chief Graff responded that an altercation would be any argument which is confrontational and could lead into physical violence. Attorney Kramer stated that this ordinance reflects the necessary verbiage as required by state statute. Chief Graff stated that this ordinance doe not prohibit any items now in existence within the city limits bud does take a proactive stance for the future of the City. Marty Haggerty, Manager of Meetballs asked for clarification of this ordinance stating that the ordinance does not prohibit anything currently being handled, but is for the future of the City. He stated that the current establishments are handling themselves good at the present time. Chief Graff again stated that the City is taking a pro-active stance versus a re-active stance in the future. PLAN COMMISSION / ZONING BOARD OF APPEALS Attorney Kramer stated that the Oliver / Niles ordinances would not be voted in tonight as the signed documents have not been received back from the petitioners. (PC 93-19) The City Council will hear public hearings on March 24, 1994 on the Conover and Peter Washington applications for annexation into the City of Yorkville. Remline -- Attorney Kramer stated that the City is awaiting the necessary documentation concerning this annexation. Attorney Kramer stated that the City Council had voted to approve the Dwyer annexation request. Currently, the City is waiting for the signed annexation agreements to be returned to them for final processing. Attorney Kramer has drafted and mailed a letter to Barbara Schiller of Senior Services regarding the vacating of the City property currently being used by Senior Services. Alderman Callmer stated that Ms. Schiller is in receipt of the letter and has asked the County as well as the City for help in finding a building for their re-location. City Council Minutes - February 24, 1994 - page 3 RESOLUTION 94-1 (IMRF) A motion was made by Alderman Baird and seconded by Alderman Stafford to authorize the mayor to sign Resolution #94-1, Rescinding Resolution No. R90-5 authorizing the Mayor to participate in the Illinois Municipal Retirement Fund. Clerk Allison called the role: Prochaska - aye Jones - aye Johnson - aye Stafford - aye Callmer - aye Baird - aye Baker - aye Clark - aye Motion carried 8-0. Attorney Kramer drafted a letter to Mr. Bob Johnson regarding the Lions Club Swimming Pool. This letter was distributed to all alderman and discussed the insurance liability for the City if the City were to take possession of the pool. ORDINANCE 94-1 (OVERLOT GRADING) A motion was made by Alderman Jones and seconded by Alderman Baird to approve Ordinance #94-1, Ordinance Requiring Overlot Grading Plans for Subdivisions, New Construction and Additions. Clerk Allison called the role: Stafford - aye Johnson - aye Baird - aye Callmer - aye Clark - aye Baker - aye Jones - aye Prochaska - aye Motion carried 8-0. ORDINANCE 94-2 (LIQUOR ORDINANCE) Attorney Kramer stated there were some minor spelling modifications required to the ordinance as distributed. A motion was made by Alderman Johnson and seconded by Alderman Jones to approve Ordinance #94-2, the Ordinance Amending the City Liquor Control Ordinance as corrected. Alderman Stafford again reiterated that the language used in the ordinance must be explicit verbiage to be legal. Clerk Allison called the role: Clark - nay Baker - aye Jones - aye Prochaska - aye Stafford - aye Johnson - aye Baird - aye Callmer - aye Motion carried 7-1. ORDINANCE 94-3 (HANDICAPPED PARKING) A motion was made by Alderman Clark and seconded by Alderman Prochaska to approve Ordinance #94-3 , An Ordinance Amending Ordinance 1981-3 Creating a Special Use Permit for Handicapped Parking and Governing Issuance Thereof. Clerk Allison called the role: Jones - aye Prochaska - aye Stafford - aye Johnson - aye Baird - aye Callmer - aye Clark - aye Baker - aye Motion carried 8-0. City Council Minutes - February 24, 1994 - page 4 AGREEMENT - AERIAL PHOTOGRAPH A motion was made by Alderman Clark and seconded by Alderman Stafford to authorize the Mayor and City Clerk to execute the Agreement on the Aerial Photograph to be taken for the County of Kendall by the Sidwell Company and that the City of Yorkville agrees to reimburse the County of Kendall its agreed share of $833 . Clerk Allison called the role: Baird - aye Callmer - aye Clark - aye Baker - aye Jones - aye Prochaska - aye Stafford - aye Johnson - aye Motion carried 8-0. Attorney Kramer stated that the agreement between IDOT and the City of Yorkville on the temporary street light at Somonauk Street and Route 47 has been reviewed and is acceptable. ATTORNEY'S REPORT - no additional report MAYOR'S REPORT Mayor Kittoe read aloud a letter received from IDOT regarding the improvement of Route 47 between Route 34 and Route 126. These improvements will include an overlay on the pavement and will be completed during the summer of 1994. Mayor Kittoe asked that the reservations be made for the Council etc for the Illinois Municipal League Conference this coming fall. Mayor Kittoe asked that Pam Ellertson be notified of the location of next Thursday's committee of a whole meeting. CITY CLERK REPORT - no report CITY TREASURER / BUDGET OFFICER REPORT A motion was made by Alderman Baird and seconded by Alderman Johnson to approve the January, 1994 Treasurer's report as presented. Clerk Allison called the role: Baker - aye Clark - aye Prochaska - aye Jones - aye Johnson - aye Stafford - aye Callmer - aye Baird - aye Motion carried 8-0. A motion was made by Alderman Baird and seconded by Alderman Baker to approve the January, 1994 Budget Report as presented. Clerk Allison called the role: Johnson - aye Stafford - aye Callmer - aye Baird - aye Baker - aye Clark - aye Prochaska - aye Jones - aye Motion carried 8-0. City Council Minutes - February 24, 1994 - page 5 CITY ADMINISTRATOR REPORT (SOMONAUK STREET STOPLIGHT) A motion was made by Alderman Prochaska and seconded by Alderman Jones to authorize the Mayor to enter sign the contract with Aldridge Electric in the amount of $32, 387. 60 for purchase and installation of the temporary stop and go signal at Route 47 and Somonauk Street. Clerk Allison called the role: Callmer - aye Baird - aye Baker - aye Clark - aye Prochaska - aye Jones - aye Johnson - aye Stafford - aye Motion carried 8-0. KENDALL COUNTY ECONOMIC DEVELOPMENT - no report SCHOOL COMMUNITY REPORT The next school board meeting will be held on Monday, February 28, 1994 at 7:30 p.m. OLD BUSINESS - no report NEW BUSINESS Alderman Clark asked that the report from the Intergovernmental League be added to the Council agenda after the School Report. This will be added. COMMITTEE REPORTS Public Works Committee Alderman Clark stated that there were three bids received on the 1984 Impala for sale. A motion was made by Alderman Clark and seconded by Alderman Baker to accept the bid of $52 .76 on the City's 1984 Chevrolet Impala. Clerk Allison called the role: Prochaska - aye Jones - aye Johnson - aye Stafford - nay Callmer - aye Baird - aye Baker - aye Clark - aye Motion carried with a vote of 7-1. Alderman Clark stated that the Park Board minutes have been distributed for everyone to review. Alderman Clark made a motion to approve the January 1994 Beecher Building Report as presented. Motion carried 8-0. Alderman Clark stated that an agreement has been received from IDOT regarding the expansion of a portion of Route 47 to three lanes (turning lane) . A discussion was held. This agreement will be deferred pending further discussion with IDOT. City Council Minutes - February 24, 1994 - page 6 RT 47 / SOMONAUR STREET SIGNAL LIGHT / AGREEMENT A motion was made by alderman Prochaska and seconded by Alderman Clark to authorize the Mayor to sign the agreement regarding the Temporary Signal Light located at Route 47 and Somonauk Streets. Clerk Allison called the role: Clark - aye Baker - aye Jones - aye Prochaska - aye Stafford - aye Johnson - aye Baird - aye Callmer - nay Motion carried 7-1. Alderman Clark stated that a listing of "items to do" has been completed. This will be reviewed at the Public Works Committee meeting. This list was distributed to all council members. ECONOMIC DEVELOPMENT COMMITTEE The next Plan Commission meeting will be held on Wednesday, Marc 16, 1994. On March 7, 1994, an Economic Development Committee meeting will be held. The Rinart zoning request will be discussed. Alderman Jones stated that the Lannert Group will be reviewing the City's building codes and ordinances. The Comprehensive Plan will be discussed at the next City Council Committee of a Whole meeting. PUBLIC SAFETY COMMITTEE Alderman Johnson discussed the bid information on the new Police Squad Car. Chief Graff explained what was included in the Police Package. A motion was made by Alderman Johnson and seconded by Alderman Jones to purchase a new Police Squad Car from Cellozzi Ettleson Chevrolet at an amount not to exceed $14 ,200. Clerk Allison called the role: Jones - aye Prochaska - aye Stafford - aye Johnson - aye Baird - aye Callmer - aye Clark - aye Baker - aye Motion carried 8-0. Alderman Johnson made a motion to approve the January, 1994 Manhour Report. Seconded by Alderman Baker. Motion carried 8-0. A date will be established for the next Public Safety Committee meeting. The Police Impact Fee will be discussed at the next Committee of a whole meeting and should be listed under the Economic Development Committee. ADMINISTRATION COMMITTEE The next committee meeting will be held on Wednesday, March 2, 1994 at 7: 00 p.m. Updated job descriptions will be discussed. City Council Minutes - February 24, 1994 - page 7 Alderman Baird expressed some concerns due Council members having not received the information that has been requested on the Budget. This information must be submitted by the Budget Officer at the Wednesday committee meeting. The Council has been assured that there are no discrimination points on the Tax Freeze for Senior Citizens. This will be discussed at Wednesday's committee meeting and may be brought up for vote as a referendum next November. Attorney Kramer and Alderman Baird will meet to discuss some final questions regarding the updated Employees Manual. Alderman Baird stated that at the request of the Mayor, he and Chief Graff have been requesting bids on the purchase of updated computer equipment. Information was distributed to the council members. Alderman Baird made a motion to purchase the upgraded computer equipment at a cost not to exceed $4,900 from Computer Hotline. Seconded by Alderman Stafford. Keith Wheeler, of Wheeler Inc. , asked the council members to delay this vote for one week so that he could adequately ascertain if this is the best way for the city to go in purchasing additional computer equipment. Mayor Kittoe responded that the City could not wait any longer. He stated that Mr. Wheeler had not completed the necessary work as agreed to by the City six to seven months ago. A discussion was held concerning the delay of the information and the delaying of the purchase of the computer equipment. Clerk Allison called the role: Baker - aye Clark - nay Prochaska - aye Jones - aye Johnson - nay Stafford - aye Callmer - aye Baird - aye Motion carried 6-2 . ADHOC / RECYCLING COMMITTEE Alderman Clark stated that the recycling bin lids will be available for purchase from the public. These will be purchased direct from TCD at a cost of $2 . 00 each. The individual citizens will need to contact TCD direct for these items. ADDITIONAL BUSINESS Attorney Kramer stated that a motion is in order for the Council to authorize the Mayor and City Clerk to sign the documents for the Cimaglia annexation into the city of Yorkville effective when it was approved during 1993 . This will be researched. CIMAGLIA ANNEXATION A motion was made by Alderman Jones and seconded by alderman Baker to authorize the Mayor and City Clerk to execute the annexation agreement effective the date of prior council action. • • City Council Minutes - February 24, 1994 - page 8 Clerk Allison called the role: Johnson - aye Stafford - aye Callmer - aye Baird - aye Baker - aye Clark - aye Prochaska - aye Jones - aye Motion carried 8-0. A motion was made by Alderman Jones and seconded by alderman Johnson to annex into the City of Yorkville the Cimaglia property as of the date voted on. Clerk Allison called the role: Callmer - aye Baird - aye Baker - aye Clark - aye Prochaska - aye Jones - aye Johnson - aye Stafford - aye Motion carried 8-0. The next Public works Committee meeting will be held on Monday, February 28, 1994 at 6: 00 p.m. Members of the City Council took part in a recent fund raiser held at the Williamsburg for the american Heart Association. ADJOURNMENT Motion was made by Alderman Baird and seconded by Alderman Prochaska to adjourn the meeting at 8: 36 p.m. Motion carried 8-0. By: , 4 Jn Alli rk