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City Council Minutes 1993 08-23-93 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS, HELD AT CITY HALL ON AUGUST 26, 1993 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 (arrived 7 : 07) Prochaska Present Ward 4 - Johnson Present Stafford Present A quorum was established. QUORUM INTRODUCTION OF GUESTS Mayor Kittoe asked all persons in attendance to introduce themselves . (A listing is attached to the minutes . ) MINUTES APPROVAL Alderman Callmer requested a correction be made to the minutes on page 4 making the following change: American Legion Post #489 from an incorrect American Legion Post #49 . Alderman Johnson moved to waive the reading of the minutes from the August 12, 1993 Regular Council Meeting and approve the minutes as corrected. Seconded by Alderman Baker. Motion carried. BILLS APPROVAL Several questions were raised regarding certain payments listed on the Bill Listing. Budget Officer Drew responded to all questions raised by the Alderman. A written report will be requested from the Lannert Group regarding the Purcell property. A $387 .50 payment is listed to the Lannert Group on the Purcell property. Alderman Baird moved to approve and pay bills in the amount of $149, 327 .57 as presented. Seconded by Alderman Baker. Clerk Allison called the roll : Prochaska - Aye Stafford - Aye Baird - Aye Baker - Aye Callmer - Aye Clark - Aye Johnson - Aye Jones - Aye The motion carried. CITIZEN COMMENTS Mr. Roger Dahlstrom presented a brief overview of alternatives the City could pursue for additional fee income including development impact fees in addition to the transition fees the City of Yorkville just approved. Mr. Peter Malovich of Yorkville informed the Council members of his position in the Fisher / Carstar PUD request. He stated that he was not in favor of this PUD being approved by the Council . Dr. Engler of the School District commended City Administrator, Don Peck, for his participation in the Orange Street project. PLAN COMMISSION / ZONING BOARD OF APPEALS Attorney Kramer informed the Council that the Plan Commission briefly discussed PC 93-8 and PC 93-9 at the August 18th meeting. No decisions were made on either property. Also briefly discussed was the City' s Comprehensive Plan. Page 2 -- August 26, 1993 City Council Meeting CARSTAR/FISHER SPECIAL USE PC92-5 Attorney Kramer informed the Council that the PUD has been amended as per the recommendations discussed and is ready to be voted upon. Alderman Callmer requested that one final change be made to the PUD agreement changing page five, item #13, to read the city "will" conduct and change to "one time per calendar year for the first four years" . Alderman Callmer made a motion to have the council vote to approve the PUD agreement as amended. Seconded by Alderman Jones. Alderman Stafford stated his dissatisfaction with the taxpayers in the City of Yorkville having to pay for the annual testing of the Fisher' s body shop as agreed to in the PUD agreement. Alderman Callmer informed the Council that he contacted the EPA regarding monitoring of body shops and was informed that they do not monitor body shops since they do not exceed usage needed to implement annual reviews . The EPA will follow up on any complaints received. Alderman Johnson also informed the Council of his dissatisfaction with the PUD agreement stating that this PUD agreement is a "watered down" version of the original agreement and that the taxpayers should not be paying for the annual review of the body shop equipment. Alderman Johnson indicated that he felt that this will tarnish the credibility of the council members . Alderman Jones stated that he felt that the Council has addressed the issues of the Fourth Ward Constituents as well as the rights of Mr. Fisher and that he feels the PUD Agreement is a well balanced agreement. Clerk Allison called the role: Jones - Aye Prochaska - Aye Stafford - Nay Baird - Aye Baker - Aye Callmer - Aye Clark - Aye Johnson - Nay The motion carried 6-2 . PC93-1 Morgan Street Elevator Attorney Kramer informed the Council that the owners of the Elevator property have agreed to clean up and level the property as requested within 180 days . The City will be given a right of first refusal on the riverfront property. This discussion will be tabled until the Building and Zoning Committee meeting to be held on Thursday, September 2, 1993 at 8: 00 p.m. (Previous to this discussion will be the Purcell discussion at 6 : 30 p.m. and the Diehl property discussion at 7 : 00 p.m. ) ORDINANCE NO. 1993-24 Attorney Kramer discussed the Ordinance setting Transition Fees for the School District' s capital fund. Attorney Kramer also informed the Council that a comprehensive approach to impact fees would be followed in the event that the City decided to follow up on possible alternatives for increased fee income. A motion was made by Alderman Jones to approve the Ordinance setting forth the Standards and regulation for payment of school transition fees upon annexation and/or planned unit development of real property within the United City of the Village of Yorkville. Seconded by Alderman Johnson. Page 3 -- August 26, 1993 City Council Meeting Alderman Baird raised a question regarding the Administration of the Fund and if an agreement could be agreed upon between the School and the City for the fees involved. This will be discussed at the next Committee as a Whole meeting. Clerk Allison called the role: Stafford - Aye Baird - Aye Baker - Aye Callmer - Aye Clark - Aye Johnson - Aye Jones - Aye Prochaska - Aye Motion carried 8-0 . Attorney Kramer also informed the Council that negotiations continue on the agreement on the Diehl property. This will be discussed at the Committee meeting to be held on September 2, 1993. ATTORNEYS REPORT -- No additional report. MAYOR' S REPORT Mayor Kittoe raised a question to Dr. Engler of the School District regarding a problem with the bus situation for the schools . Several calls have been received from concerned citizens . Most calls regarded students being told they could not ride the bus this year. The north-side crossing guard was eliminated when agreement was set up with the bus company approximately one year ago. Dr. Engler responded to the question indicating he was unaware of an agreement made with the bus company. Dr. Engler informed the Council members of the state guidelines regarding the bussing of students to school . Mayor Kittoe has requested a police officer be on duty at the cross-walk until this situation is resolved. Also discussed was the request for the City to move the south-side crossing guard from Washington street to Orange street. This will be discussed further under the Public Safety Committee information. Mayor Kittoe informed the council that a letter has been received from the Kendall County Economic Development Commission approving the $700,000 loan to the City. PROCLAMATION Mayor Kittoe read the Proclamation declaring September 2nd Caterpillar Aurora Plant day in honor of their 30th year anniversary. CITY CLERK' S REPORT Clerk Allison asked reminded all Committee Chairman to submit their minutes to the City office on a timely basis . Alderman Clark asked if the weekly listing of meetings could be distributed at City Hall on Monday afternoon instead of being available at the City office. CITY TREASURER / Budget Officer' s Report -- No Report ADMINISTRATOR' S REPORT Alderman Clark made a motion to approve Administrator's Peck recommendation to hire Pavia Marting at a cost not to exceed $1,000 for the waterline behind the stores on Route 47 and Van Emmon street. Seconded by Alderman Prochaska. Clerk Allison called the role: Page 4 -- August 26, 1993 City Council Meeting Callmer - Aye Clark - aye Johnson - Aye Jones - aye Prochaska - Aye Stafford - aye Baird - Aye Baker - aye Motion carried 8-0 . Alderman Clark made a motion to hire Pavia Marting for staking the water and sewer project on Cannonball Trail at a cost not to exceed $6,000 . Seconded by Alderman Stafford. Clerk Allison called the role: Baird - Aye Baker - Aye Callmer - Aye Clark - Aye Johnson - Aye Jones - Aye Prochaska - Aye Stafford - Aye The motion carried 8-0. Administrator Peck informed the council that bids have been received on the Cannonball Road Water and Sewer project. Currently, two bids are being analyzed for final recommendation. A permit will be required from the EPA on this project. This will take approximately 30 days to receive. Administrator Peck discussed the recommendation to implement an ordinance authorizing a fee for delinquent water billings . This would assess a $25 fee on past due accounts . This has been table for further discussion at the Public Works Committee meeting. Administrator Peck informed the council that the street rehabilitation project is progressing. This project should be completed by September 3rd. Administrator Peck informed the Council that there is approximately 250 feet of landscape to finish on the Orange street project. A discussion was held concerning the request to move the Washington Street cross-walk to Orange Street. Approval has been received from the regional superintendent. IDOT has to approve the signage. Mayor Kittoe indicated he was not informed of this request and reminded everyone that all requests must go through committee and be presented to Council with a recommendation. A motion was made by Alderman Johnson and seconded by Alderman Jones to move the crosswalk from Washington and Route 47 to Orange and Route 47 . This motion was withdrawn by Alderman Johnson and Alderman Jones . A motion was made by Alderman Johnson and seconded by Alderman Jones to relocate the cross-walk and signage from Washington Street and Route 47 to Orange Street and Route 47 . Alderman Baker indicated that if this motion was to pass a transition period would be needed to be sure that the students are crossing the highway safely. Alderman Baird informed the council that he did not feel this move was appropriate due to there being no sidewalk on the southwest side of the street. Alderman Stafford raised a question regarding the safety of the students due to the Marathon gas station located at that intersection. Alderman Clark asked Chief Graff if he was recommending an approval of this move. Chief Graff indicted yes . Page 5 -- August 26, 1993 City Council Meeting Clerk Allison called the role: Baker - Nay Callmer - Nay Clark - Nay Johnson - Aye Jones - Aye Prochaska - Nay Stafford - Nay Baird - Nay Motion was defeated by a vote of 6-2 . Chief Graff expressed his dissatisfaction with the vote and asked for clarification of how department heads were to handle these types of situations . This was a request which was received at a late date. The Public Safety Committee Head was informed and the appropriate steps were being followed. This issue will be followed up on and an emergency meeting will be called if needed. Administrator Peck informed the Council that the Somonauk Street light issue was being reviewed. A bid has been received for $2 ,500 from Pavia Marting for the design. A total bill of $25,000 is estimated with $45,000 having been budgeted for this project. A motion was made by Alderman Clark and seconded by Alderman Prochaska to employ Pavia Marting for the engineer work needed for the stop light project on Somonauk Street and Route 47 at a cost not to exceed $2,500 . Clerk Allison called the role: Johnson - aye Jones - aye Prochaska - aye Stafford - aye Baird - aye Baker - aye Callmer - aye Clark - aye Motion carried 8-0 . Administrator Peck indicated that the easement agreements for the Cannonball sewer and water project are being finalized and should be ready next week. The southside sewer and water project' s easements are also being reviewed. Alderman Clark made a motion to approve Administrator Peck' s recommendation to hire Ronald E. Morris as a part-time janitorial employee at $5 . 00 per hour for the five weeks remaining of Mike Price's vacation time. Seconded by Alderman prochaska. Clerk Allison called the role: Prochaska - aye Stafford - aye Baird - aye Baker - aye Callmer - aye Clark - aye Johnson - aye Jones - aye Motion carried 8-0 . Administrator Peck indicated that the City brush pickup is running behind but should be completed within the next week. KENDALL COUNTY ECONOMIC DEVELOPMENT COMMISSION As previously mentioned the City' s $700,000 loan has been approved. SCHOOL COMMUNITY REPORT The next School Board meeting will be held on September 13, 1993 . OLD BUSINESS -- No Report. NEW BUSINESS -- No Report. Page 6 -- August 26, 1993 City Council Meeting COMMITTEE REPORTS PUBLIC WORKS As discussed at the August 16th Committee as a Whole meeting, Alderman Clark made a motion to reimburse Mr. Burt Callmer for expenses incurred at a cost of $1,000. Seconded by Alderman Stafford. Clerk Allison called the role: Jones - abstain Prochaska - aye Stafford - aye Baird - aye Baker - aye Callmer - present Clark - aye Johnson - aye Motion carried. RESOLUTION #93- I1 Alderman Clark made amotion to raise the spending authority for Department Heads, the Mayor and Committee Chairman to $1,000 . Seconded by Alderman Johnson. Clerk Allison called the role: Stafford - aye Baird - aye Baker - aye Callmer - aye Clark - aye Johnson - aye Jones - aye Prochaska - aye Motion carried. Alderman Clark made a motion to hire Brian Sorensen as a full-time water department employee at $21,031 per year to begin no sooner than September 13, 1993 . Seconded by Alderman Johnson. Clerk Allison called the role: Callmer - aye Clark - aye Johnson - aye Jones - aye Prochaska - aye Stafford - aye Baird - aye Baker - aye Motion carried. A motion was made by Alderman Clark and seconded by Alderman Stafford to approve the July, 1993 Water Department Report and the July, 1993 Building Department Report. Motion carried 8-0. ECONOMIC DEVELOPMENT COMMITTEE -- No additional report. PUBLIC SAFETY COMMITTEE Alderman Johnson informed the Council that the September Public Safety meeting will be rescheduled to Tuesday, September 14th at 5: 00 p.m. at City Hall . A new schedule will be set up at this committee meeting. ADMINISTRATION COMMITTEE The next meeting will be on August 30, 1993 at 7 : 00 p.m. Ray Waclaw will be discussing the appraisals received on the City' s property which is for sale. ADHOC / RECYCLING COMMITTEE Alderman Clark made a motion to approve TCD as the City' s recycling hauler. Seconded by Alderman Baker. Clerk Allison called the role: Clark - Aye Johnson - Aye Jones - Aye Prochaska - Aye Stafford - Aye Baird - Aye Baker - Aye Callmer - Aye Motion carried. Page 7 -- August 26, 1993 City Council Meeting Alderman Clark informed the Council that two Public meetings have been scheduled at the Beecher Center to inform the Citizens of the Recycling alternatives . The first meeting will be held on September 15th at 7 : 00 p.m. and the second meeting will be held on September 22nd at 7 : 00 p.m. These meetings will be held to discuss the Blue Bag versus Bin recycling alternatives . Alderman Clark indicated that it will be up to three months to complete the educational process for the recycling. Area businesses will be approached individually regarding recycling alternatives . ADDITIONAL BUSINESS -- NONE ADJOURNMENT A motion was made by Alderman Johnson to adjourn the meeting. Seconded by Alderman Jones . Motion carried. By: \ A i. Ja quevine S. 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