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City Council Minutes 1983 12-15-83 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 DECEMBER 15 , 1983 . Mayor Davidson called the meeting to order at 8: 00 P.M. and led the council in the Pledge of Allegiance . Clerk Erickson called the roll as follows : Ward 1 - Alderman Small - Present Alderman Jahp - Present Ward 2 - Alderman Tilton - Absent Alderman Harker - Absent Ward 3 - Alderman Dollman - Present Alderman Hayden - Present Ward 4 - Alderman Jennings - Present Alderman Loebbaka - Present A quorum was established . Alderman Doliman moved to waive the reading of the minutes from the November 17 ,1983 meeting and approve said minutes as presented, seconded by Alderman Loebbaka. Motion carried 6-0 . Alderman Jennings moved to authorize payment of the bills presented with the following correction : Delete "$ 17, 166" and add "$15,243" under 1-43 - Finance (Hartford Insurance Co . ) Alderman Jahp seconded the motion. Roll call vote was taken as follows : Small - Aye Jahp - Aye Doliman - Aye Hayden - Aye Jennings - Aye Loebbaka - Aye Motion carried 6-0. Aldermen Harker & Tilton were absent from voting . ATTORNEY'S REPORT Attorney Kramer reported on his inter- pretation for a Land-Cash Ordinance report. (**See attached copy) Attorney Kramer reported that there is no additional infor- mation on the burned out home on Dickson Court at this time . MAYOR'S REPORT - Mayor Davidson reported that as of January 1 , 1983 the City of Yorkville will pay bills twice a month on a trial basis to see if this method might improve the cash flow. Mayor Davidson reported that McKeever's Corner is now open at W. Fox St . & Rt . 47 . TREASURER - Upon Alderman Hayden's request for answers to the following three items , Alderman Dollman moved to refer them to committee meeting scheduled for December 29 , 1983 : 1 . Payment of overtime & holiday pay to city employees 2 . Job descriptions of city employees PAGE 2 DECEMBER 15 , 1983 employees Motion was seconded by Alderman Jennings. Roll call vote was taken as follows : Jahp - Aye Dollman - Aye Hayden - Aye Jennings - Aye Loebbaka - Aye Small - Aye Motion carried 6-0. Aldermen Tilton & Harker were absent from voting . No further contact has been made by the Department of Commerce and Community Affairs to the City regarding looking at the General Ledger software package. Treasurer Loebbaka will contact the IDCCA in regards to the matter . Alderman Dollman moved to approve the Treasurer's Report as presented, seconded by Alderman Jahp. Roll call vote was taken as follows : Dollman - Aye Hayden - Present Jennings - Aye Loebbaka - Present Small - Aye Jahp - Aye Motion carried . POLICE - Chief Randall read the Award of Recognition for years of service and dedication that will be presented to Crossing Guard, Bert "Shorty" Olson, on his retirement. A replacement has been selected. Alderman Dollman moved to approve the Police Department Reports as presented, seconded by Alderman Jahp. Motion carried 6-0 . PUBLIC WORKS - Director Johnson reported there is approxi- mately one work day left on the Fox Road water main project. The line will then have to be tested before the properties • can be connected . Alderman Jennings moved to approve the Public Works reports , seconded by Alderman Loebbaka . Motion carried 6-0 . BUSINESS & ECONOMIC DEVELOPMENT COMMISSION - Mayor Davidson reported that on January 2 , 1984 there will be a meeting with Bill Miller of the Kendall County Economic Development Commission. The water tower grant will be resubmitted with the City of Yorkville as sole applicant . HUMAN RESOURCE COMMISSION - Alderman Loebbaka reported that the Blood Drive was successful. The next meeting will be January 16 , 1984 at the water tower . PARK COMMISSION & TENNIS COURTS - Alderman Hayden moved to authorize payment of $525 . 87 for electricity for the tennis courts lights . Motion died for want of a second . PAGE 3 DECEMBER 15, 1983 Alderman Dollman moved to refer the bill for tennis court lighting electricity, along with the information relative to the agreement, be referred to the finance committee. Motion was seconded by Alderman Jennings. Roll call vote was taken as follows : Hayden - Nay Jennings - Aye Small - Aye Jahp - Aye Loebbaka - Aye Dollman - Aye Motion carried 5-1. Aldermen Harker & Tilton were absent from voting. Mayor Davidson reported that a meeting will be scheduled in January with M.F.T. representatives for discussion on the use of M.F.T. funds . COMMITTEE REPORTS Alderman Harker arrived . WATER - Alderman Loebbaka reported on the emergency situation with Well #3 and Well #4. Well #3 pump has been lowered due to the water level , and is back on line. Well # 4 pump will be pulled to fund the problem in the line. Approximate cost for Well #3 is $3500. Well #4 will be pulled and repaired at approximate cost of $6900. The accessed repairs as stated in the CM&T report are on target time-wise . Alderman Loebbaka moved to pass ORDINANCE #1983-17 entitled "AN ORDINANCE AMENDING SECTION VI OF THE WATER M= I- 11-DG" ORDINANCE OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE ENACTED THE 25th DAY OF MARCH, 1982" with the following corrections : Page 1 , Section II , Line 9 , delete "actual" and add "additional" ; and following the word cost , add "which may vary from time to time" ; and following the word maintaining add "and servicing" . Alderman Jennings seconded the motion. Roll call vote was taken as follows : Jennings - Aye Loebbaka - Aye Small - Aye Jahp - Aye Dollman - Aye Harker - Aye Hayden - Aye Motion carried 7-0 . Alderman Tilton was absent from voting . This Ordinance provides for all out -of-city-limits water customers who were charged double water rates to now be charged the normal in-city water rate , plus a quarterly water maintenance fee of $ 10 . 00 per calendar quarter . FUTURE PLANNING - Alderman Small announced a committee meeting on December 29 , 1983 following the Finance committee meeting . PAGE 4 DECEMBER 15, 1983 FINANCE - Alderman Small reported on the finance committee meetings. Future wage negotiations , frings benefits , and holiday pay were discussed . The possibility of establishing a Beecher Building Advisory Group along with the authority, responsibilities & make-up of the group were discussed . Alderman Small announced the next meeting will be December 29 , 1983 at the water tower at 7 : 00 p .m. Alderman Small moved to adopt RESOLUTION #107-1983 entitled "RESOLUTION AUTHORIZING FISCAL HEALTH STUDY BY THE ILLINOIS DEPARTMENT OF COMMERCE AND COMMUNITY AFFAIRS", seconded by Alderman Jennings . Roll call vote was taken as follows : Jennings - Aye Loebbaka - Aye Harker - Aye Small - Aye Jahp - Aye Dollman - Aye Hayden - Aye Motion carried 7-0 . Alderman Tilton was absent from voting. Alderman Dollman presented a Blue-Cross/Blue-Shield Master Policy for the employees to study and compile questions for the representative to answer when she comes for a meeting scheduled for January 10 , 1984 at 7 : 00 p.m. at City Hall. Questions should be turned into City Clerk, with enough time provided for a list to be sent to the representative ahead of the meeting date . SEWER - Alderman Jennings moved to pass ORDINANCE /11983-18 entitled "AN ORDINANCE REQUIRING THE PAYMENT OF A SEWER MAINTENANCE FEE", with the following corrections: Page 1 , Section II , Line 2 - Insert "residential" following the word "any"; and delete "or" and add "on" . Alderman Jahp seconded the motion. Roll call vote was as follows : Loebbaka - Aye Harker - Aye Small - Aye Jahp - Aye Dollman - Aye Hayden - Aye Jennings - Aye Motion carried 7-0. Alderman Tilton was absent from voting. The Ordinance calls for a sewer mainentance fee of $ 18.00 per calendar quarter for each residential or business unit , connected to the city sewer system. It also, provides for a reduced $ 10.00 per calendar quarter for any residential owner or leasee who is in proof of 65 years of age and older . TREES & PARKS - Alderman Hayden announced a meeting set for December 22, 1983 at the Water Tower for the Park Commission .pa PAGE 5 DECEMBER 15 , 1983 to review the changes made to the Game Farm Property . STREETS & ALLEYS - Alderman Jennings moved to pay Pam Watson one-half of the $ 200 bill for her sidewalk, after May 1 , 1984, seconded by Alderman Harker. Roll call vote was taken as follows : Small - Aye Jennings - Aye Dollman - Aye Harker- Aye Jahp - Aye Loebbaka - Aye Hayden - Aye Motion carried 7-0 . Alderman Tilton was absent from voting. Alderman Harker reported that Mrs . Harker is progressing well from her illness and is now in Intermediate Care and there is hope she may possibly be able to be home for Christmas . LIGHTS, TELEPHONE, GAS & CABLE TV - Alderman Jahp announced there will be a meeting on January 19 , 1984 , to discuss the following : 1 . NI Gas letter on municipal utility tax 2 . IBTC franchise LIBRARY BOARD - Alderman Hayden reported on the December 12, 1983 meeting. Mayor Davidson announced there is a meeting scheduled for December 16 , 1983 , at 3 : 00 p.m. at the Water Tower with James Clarage , Mark Anderson, himself , Public Works Director and representative from Premier Electric regarding partial payout for Perkins Builders . Alderman Dollman moved to authorize Attorney Kramer to draft an Ordinance authorizing payment to the general contractor in the amount of $ 13 , 880. 58 regarding the Yorkville Public Library, upon receipt of final waiver of liens from Premier Electric and Perkins Builders . Motion was seconded by Alderman Jennings . Roll call vote was taken as follows : Jahp - Aye Dollman - Aye Harker - Aye Jennings - Aye Loebbaka - Aye Small - Aye Hayden - Aye Motion carried 7-0 . Alderman Tilton was absent from voting . Alderman Hayden excused himself from the meeting . YBS BOARD - Alderman Jahp reported the meeting has been changed from December 19 , 1983 to December 20 , 1983 . Alderman Dollman moved to pay expenses for the Chamber of Commerce City Council Representative to attend the quarterly meeting upon receipt of the submitted expenses, seconded by Alderman Jennings . Roll call vote was taken as follows : Dollman - Aye Harker - Aye Jennings - Aye Loebbaka - Aye Small - Aye Jahp- - Aye • PAGE 6 DECEMBER 15, 1983 Motion carried 6-0. Alderman Tilton & Hayden were absent from voting . Aldeman Loebbaka moved to adjourn the meeting, seconded by Alderman Jennings . Motion carried 6-0 . CITY CLERK November 1983 BILLS APPROVED DECEMBER 15, 1983 MEETING Acct. # Name Inv. # Amount For GENERAL FUND #1-30 Streets & Alleys 1-30-402 Grt. Lakes Cntr./Ind. Supply Co. 69766 56.80 Blades for Cement Saw #1-31 Snow Removal 1-31-452 Central Limestone Co. Inc. 12-1-83 73.35 Chips for streets 1-31-453 Yorkville Equip. Co. 0039 8.26 Couplers for Snow Plow Total 81.61 1-32 Sewer 1-32-501 Fox Valley Sewer Service 6-13-83 312.00 Sewer Cleaning 1-32-501 Fox Valley Sewer Service 11-21-83 365.00 Tree Root Removal from Sewer Main Total 677.00 1-33 Trucks, Tractor, & Equip. 1-33-531 Yorkville Auto Parts 11-28-83 131.85 Wiper Blades, Bulbs, Filters, Tail Light, Battery, Cables 1-33-531 Twait Inc. P24193 29.00 Oil for JD 310A 1-33-531 McKirgan Bros. Oil 2349 183.05 Bulk oil for trucks 1-33-531 Small Engine Emporium 1173 196.88 Repair Cement Saw 1-33-531 Ricks FS 11-30-83 46.00 Operating Maint. 1-33-532 Ricks FS 11-30-83 432.51 Gasoline 1-33-533 Hathorn's Inspect. Station 036692 8.55 Truck Test 1-33-534 Yorkville Hardware 69/108/118/351/140 36.46 Bulbs, Paper Towels, Plugs Total 1064.30 1-34 Health & Sanitation 1-34-561 Tri-County Scavenger Service 11-30-83 3932.00 Service for Nov. 1983 1-35 Police 1-35-602 Dunbar-Nunn. Corp. 34969 161.23 80 amp for repair 1-35-603 Anderson-Bushnell 33245 36.27 Office Supplies 1-35-604 Ray O'Herron Co. Inc. 111231 86.25 Gun Supplies-Greg Sibenaller 1-35-604 Ray O'Herron Co. 110511 43.40 Shoes 1-35-604 Ray O'Herron Co. 110518 566.20 Clothing 1-35-604 The Constable Equip. Co. 3458 71.28 Armour Hide Vest Recover 1-35-606 Kendall Co. Record 68725 211.65 Printing 1-35-607 Int'l . Assoc. of Chiefs 00412788 50.00 Membership Jan 84-Dec 84 1-35-607 Law and Order 12.00 Magazine Subscription (one year) 1-35-610 Yorkville Body Shop 29098 150.40 Auto Repair 1-35-610 Goodyear 05752 83.20 Tires 1-35-610 Yorkville Body Shop 29129 58.88 Auto Repair 1-35-610 Ricks FS 11-30-83 20.75 Squad Maint. 1-35-611 Ricks FS 11-30-83 662.01 Gas 1-35-611 Union Oil Co. 106244429 17.39 Gasoline for Detroit Conf. 1-35-612 Hornsby 108522 6.16 Oil 1-35-613 The Constable Equip. Co. 3419 16.29 Portable Radio Holder 1-35-613 Veto Enterprises 10267 13.65 Bulbs 1-35-613 Hornsby 108522 11.40 Supplies 1-35-613 Veto Enterprises 10300 35.70 Bulbs 1-35-617 City of Plano-Police Dept. Nov. 100.00 Dispatch Service for Nov. Total 2414.11 1-36 Trees & Parks 1-36.2-662 N. I. Gas 3/19001000 17.50 City Monument-Surcharge only 1-36.2 .=667 Hornsby 108522 30.91 X-Mas Bulbs Total 48.41 Acct. # Name Inv.# Amount For 1-38 Public Prop. & Bldgs. 1-38.1-730 N. I. Gas 3168777401 82.98 City Hall 1-38.2-740 N. I. Gas 3188802809 116.52 Police Dept. 1-38.2-741 Aaren Pest Control 24995 15.00 Police Dept. 1-38.2-743 R&R Supplies 1339 19.94 Bag Liners 1-38.2-743 R&R Supplies 1410 29.10 Towels & Cleaner 1-38.2-743 R&R Supplies 1404 39.45 T.T. Beecher Bldg. 1-38.2-743 R&R Supplies 854 21.49 Towels 1-38.4-766 N. I. Gas 3119011702 197.20 City Office 1-38.4-767 Luanne Erickson - Petty Cash 2.59 Carpet Cleaner 1-38.5-780 Kendall-Grundy FS Inc. 720.74 Crops & Petroleum 1-38.6-800 IL Bell Tel. 553-9809 19.68 Beecher Bldg. Pay Phone *1-38.6.800 N. I. Gas 3119024903 120.97 Beecher Bldg. 1-38.6-801 Aaren Pest Control 24995 15.00 Beecher Bldg. 1-38.6-802 R&R Supplies 1434 37.65 T.T. Beecher Bldg. Total 1438.31 1-39 Street Lighting 1-39 Comm. Ed. EH55-AP-3084-A 29.41 City Park Street Lightinc 1-39 Comm. Ed. E-AP-71881 1234.60 Municipal Street 1-39 Comm. Ed. E-AP-75477 41.12 Traffic Lighting 1-39 Riemenschneider Electric 3391 231.47 Repair Street Lights Total 1536.60 1-40 Liquor Commission 1-40 Ed Salisbury 250.00 Riemb.l/3 paym. for liquor license Oct. 1983 1-43 Fianance 1-43-903 The Hartford 83-WZ-653649 17166.00 Workmens Comp. Ins. *1-43-906 Kendall Co. HIA Group 182008 2360.00 Health Ins. Premium *1-43-906 Fort Dearborn Life Ins. 112183 238.98 Life Ins. Premium 1-43-907 IL Municipal League 264.00 Membership dues for 1984 *1-43-907 IL Municipal Treasurers Assoc. 15.00 Assoc. Dues 1-43-910 Judy's Flowers 11-30-83 15.00 Flowers for Mrs. Harker 1-43-910 Safari Market 4427 55.92 Coffee Supplies 1-43-910 Safari Market 4433 54.93 Coffee Supplies 1-43-911 Luanne Erickson - Petty Cash 2.60 Postcards 1-43-914 IL Bell Tel. 553-6222 6.82 Clerk 1-43-914 IL Bell Tel. 023-1001 46.63 P.D. Private Line 1-43-914 IL Bell Tel. 553-5836 168.72 P.D. 1-43-914 IL Bell Tel. 553-7E55 7.66 Bldg. & Zoning 1-43-914 IL Bell Tel. 553-7440 7.92 Beecher Bldg. *1-43-914 IL Bell Tel. 553-5836 98.68 Police Dept. 1-43-915 Anderson - Bushnell 33604 10.81 Office Supplies 1-43-915 Luanne Erickson - Petty Cash 5.01 Calendar refill & pens *1-43-923 Milford Mikkelson 50.00 Dental Assistance 1-43-923 Ronald Reuter 140.00 Vision Assist./Karen 1-43-923 Milford Mikkelson 50.00 Dental Assistance *1-43-923 Harold Martin 65.00 Vision Assistance Total 20,829.68 Gross Salaries General Fund $43,828.63 Net $33,923.91 Total General Fund Checks $32,078.82 WATER FUND 2-50 Water Oper. & Maint. 2-50-419 Water Products Co. 30851/899 103.88 Clamps 2-50-420 TRW Communication Group 1258.00 Service agreement on computer 2-50-420 Luanne Erickson - Petty Cash 51.26 Office Supplies 2-50-420 Business Products A112902 71.29 Paper & Misc. Supplies 2-50-420 P.L.S. Micro-Systems PLS0157 26.00 Ribbons for Printer 2-50-420 Remote Computer Supplies 836688 48.90 Minidisks 2-50-421 E-ZEE Rental 83213 53.48 Pipe Saw Rental 2-50-421 Great Lakes Centr./Ind. Supply 69257 88.32 Blades for saw 2-50-421 Standard Handling Devices 4284 244.38 Sling for H2O Main Instl. 2-50-421 Farmers Elevator 18427-18154 8.28 Blocking for H2O Main 2-50-423 Luanne Erickson - Petty Cash 3.85 Water Samples & Postage 2-50-429 Ziebell Water Service Prdts. 2490/2491 14 61.83 Water Main Looping 2-50-429 Water Products Co. 30976 266.00 Piping 2-50-440 Comm. Ed. EK59-CH-25525 125.33 Well #2 2-50-440 Comm. Ed. EP14-AP-33737 2445.79 Well #4 2-50-441 IL Bell Tel. 553-7079 18.69 Water Dept. 2-50-441 IL Bell Tel. 023-1047 3.39 Private Line-Water Dept. Acct. # Name Inv. # Amount For 2-50-442 N. I. Gas 3168761603 63.47 Pump #3 2-50-445 Nat's Blvd. Bank of Chgo. 1795.83 Dep. Bond & Int. Fund Total 20,937.97 Gross Salaries 5697.40 Net $3902.22 PARK COMMISSION #9 LeRoys Hobby Craft 001089 256.00 Cabinet & Countertop #9 Safari Market 4427 12.18 Beecher Cntr. Supplies #9 Kendall Co. Record 68725 3.00 Classified Ad #9 Winding Creek Nursery 11-17-83 20.00 Tulip Bulbs Total 291.18 Gross Salaries $326.50 Net $279.49 REVENUE SHARING FUND 401 Kendall Co. Record 68725 2.50 Legal Ad. 404 Kendall Family & Youth Services 1600.00 Homemaker Aide Program Total 1602.50 *8 Beecher Bldg. 8-402 Carney & Co. , Inc. 83-11-110 450.00 Letters for Sign MOTOR FUEL TAX FUND * 3-401 Aurora Blacktop 11-7-83 2972.85 1983 Final Payment Contract Maint. * 3-402 Baxter & Woodman 11-7-83 4311.98 1983 Final Payment of engineering Services Total 7284.83 *Bond Fund Principal $30,000.00 First Payment on Yorkville Nat'l Bank Interest $21,175.00 Working Cash Bonds $51,175 .00 TOTAL CHECKS PAID $114 ,070. 30 0r -"It LAW OPRICSS OR .galea,AZZOMAk 3OS SOUTH SRIDO[STRUT YORKVILLE.ILLINOIS SOSSO December 15, 1983 ISIS)sss.sBOO 5 Mr. James Hayden Chairman • Building & Zoning Committee and Plan Commission 405 East Main St. Yorkville, IL 60560 Dear Mr. Hayden: With respect to your recent request for an interpretation of the Yorkville Land-Cash Ordinance, I can offer the following guidance. Our written ordinance requires a contribution from developers of residential property within the city limits for both parks and school purposes. There is a requirement under Section 1, C, that the contributions be held in trust by the United City of the Village of Yorkville both for schools and park purposes. Each fund should be maintained separately so that there can be a proper accounting of what portion of the funds on hand are attributable to the school district, and what portions are attributable to park purposes. There are different requirements for the expending of each fund. • In the case of money held in trust by the city for park and recreation land purposes, the money should be used solely for the acquisition of park and recreation land, or the development or improvement of other existing local parks and recreation land which already serves the city needs. Therefore, it would be my opinion based on a research of applicable case law and the United City of the Village of Yorkville Land-Cash Ordinance that the funds held by the city in trust which are attributable to parks and recreation purposes can be used for the improvements of facilities at any of our already existing parks or for the acquisition of new park land. With respect to the school portion of the funds, the use is much more restricted. The cash contributions held for school purposes must be used solely for the purpose of the acquisition of land for a school site, or for the improvement or expansion of an existing school site. However, the ordinance specifically excludes the construction of alditions or school buildings as a proper purpose for the use of these funds. Therefore, the / 4 W. James Hayden Page 2 December 15, 1983 only use to which the school could put them would be to acquire additional acreage or to make physical improvements on land the school already owns, such as drainage, landscaping, or perhaps parking facilities would qualify. However, any construction work done on a building located on said premises would be expressly forbidden under the terms of our Land-Cash Ordinance. The final sentence of the above-referenced section of our ordinance does require the return of any Land-Cash contributions made by developers, either for school or park and recreation purposes, if the funds are not used by the city within ten (10) years of the date of receipt. Therefore, I would recommend that a review be made of the existing trust . funds held for both schools and park and recreation purposes by the City Treasurer, to determine the age of those trust funds held. I would further recommend that consultation be had with the school district as to the funds held for them, so that they know what type of time frame they are dealing with as to their funds. I think it should also be pointed out to the school district the limitation on the use of funds, since it is not a limitation that would necessarily be common in all land-cash ordinances. If you should have any further questions with respect to an interpretation of the land- cash ordinance, please feel free to contact me. Very truly yours, • Daniel J. amer City Attorney DJK:c