City Council Minutes 1981 04-09-81 (91 )
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 APRIL 9 , 1981 .
Mayor Thanepohn called the meeting to order at 8 : 00 P . M . and led the
Council in the Pledge of Allegiance to the Flag .
Clerk Erickson called the roll as follows :
Ward 1 - Beach Ward 2 - Harker Ward 3 - Pierce
Simmons
A quorum was established .
Alderman Beach moved the minutes approval be postponed until the
Health & Sanitation Committee report later in the meeting , seconded
by Alderman Harker . Motion carried 4-0 .
The reading of the bills was waived . Treasurer Merkel presented
an additional bill to be paid from the General Fund in the amount
of $ 149 . 40 for removing & striping the squad cars by Cal -Mark .
Alderman Beach moved to authorize payment of the bills presented
including the additional bill submitted , seconded by Alderman Harker .
Roll call vote was taken as follows :
Harker - Aye Simmons - Aye Pierce - Aye Beach - Aye
Motion carried 4-0 .
MAYOR ' S REPORT - Mayor Thanepohn congratulated Mr . York , Mr . Tilton ,
Mr . Dollman & Mr . Simmons for their election to office as Alderman
of their respective ward and also to Al Spera for running in the
eliection . resulting in a tie vote .
The Annexation Agreement was signed for the Syregalas property .
They will petition for annexation within 30 days .
Mayor Thanepohn called an executive session regarding litigation
immediately following the swearing in of the new Aldermen .
Alderman Simmons moved to adopt RESOLUTION #67- 1981 asking for
Passage of House Bill #134 of the Illinois General Assembly , seconded
by Alderman Harker . Motion carried 4-0 . This is the bill regarding
surface mining facilities control that was sponsored by Rep .
Dennis Hastert and -Rep . Richard Klemm . Letters will be sent to
Senator Grotberg and Senator Etheridge requesting support in the
Senate .
Alderman Harker moved to adopt RESOLUTION #68- 1981 Asking Yorkville-
Bristol Sanitary District to Waive Fees for Hook-up and Connection
for the Beecher Community Building and the Yorkville Public Library ,
seconded by Alderman Simmons . Motion carried 4-0 .
CITY CLERK - Clerk Erickson presented copies of the Illinois
Dept . of Transportation Audit Reports #32 and #33 for 1978 and 1979
which are on file in her office for inspection .
The Illinois Municipal League Newly Elected Officials Conference
will be held May 15 & 16 at the Conrad Hilton in Chicago and
May 29 & 30 at the Holiday Inn East in Springfield . More infor-
mation is available at the clerk ' s office . Mayor Thanepohn stated
it would be a very valuable seminar for the newly elected Aldermen
to attend if it was possible .
TREASURER - Treasurer Merkel presented the Proposed Budget for the
Fiscal Year 1981 -82 to the City Council . Alderman Pierce moved
to accept the budget and lay it over until the April 23 , 1981
City Council Meeting , seconded by Alderman Simmons . Motion carried 4- 1
Alderman Harker voted Nay . Mayor Thanepohn voted Aye .
Alderman Pierce moved to direct Attorney Dickson to draw up a
resolution authorizing transfer of funds within the 1980-81 budget
to cover the over-expenditure of certain funds , seconded by Alderman
Simmons . Motion carried 4-0 .
POLICE REPORT - Alderman Beach moved to approve the Police Report ,
seconded by Alderman Pierce . Motion carried 4-0 .
ADMINISTRATIVE ASSISTANT TO THE MAYOR - Alderman Simmons moved to
approve the Administrative Assistant ' s reports , seconded by Alderman
Pierce . Motion carried 4-0 ,
(92) Page 2 April 9 , 1981
OLD BUSINESS - BEECHER COMMUNITY BUILDING BIDS - Discussion was held
regarding funding of the building . Alderman Harker , upon committee
recommendation , moved to recommend to Merchant ' s National Bank &
the Trust Dept . that they accept the bid of Perkin ' s Builders , along
with the City ' s $ 100 , 000 Revenue Sharing Funds , and the Area Agency
on Aging ' s grant of approximately $60 , 000 for the Senior Citizen
Room . Motion was seconded by Alderman Beach . Roll call vote was
taken as follows :
Simmons - Aye Pierce - Aye Beach - Aye Harker - Aye
Motion carried 4-0 .
COMMITTEE REPORTS
FINANCE - Alderman Pierce called a meeting for Monday , April 20 ,
1981 at 7 : 30 P . M . to wrap-up the budget , at the Water Tower .
HEALTH & SANITATION - Alderman Beach read the Health & Sanitation
segment of the minutes from the March 26 , 1981 meeting . He then
read a letter from Tri -County Scavenger Service dated January 8 ,
1981 regarding a request for an increase in garbage pick-up rates .
Alderman Beach then read the minutes from the February 12 , 1981
meeting regarding the Health & Sanitation committee report voting
to increase the Tri -County Scavenger Service rates . Discussion
followed . Alderman Beach then moved to approve the minutes from
the March 26 , 1981 meeting , seconded by Alderman Pierce . Motion
carried 4-0 .
SEWER - Alderman Harker reported the Sewer Interceptor at Country-
side Center was now completed and testing showed no infiltration .
National Care is taking care of the bulk of the cost .
TREES & PARKS - Alderman Pierce reported the Kendall County Garden
Club is happy to be able to help in planitng flowers in the park and
wherever else the City might like them to plant flowers . They will
need help in breaking up the ground .
LIBRARY BOARD - Alderman Beach reported the next meeting of the
Library Board is Monday , April 13 , 1981 at 7 : 30 P .M . The City
will present the request for a Resolution accepting the architects
contract for the new library . Also , the budget figures for the
library need checking .
YBS BOARD - Alderman Harker apologized for his mistake in stating
the wrong date for the YBSD award night . The next meeting was
April 20 , 1981 .
SWEARING IN OF NEW ALDERMEN
Clerk Erickson presented Mr . York , Mr . Tilton , Mr . Dollman and
Alderman Simmons „ and Mr . Jennings their Certificate of Election
and then asked them to repeat the "Oath of Office" as Alderman
of their respective ward in the United City of the Village of
Yorkville .
Alderman Pierce moved to adjourn the meeting into Executive
Session regarding litigation , seconded by Alderman Simmons .
Motion carried .
Regular session was reconvened . Alderman Pierce moved to adjourn
the meeting , seconded by Alderman Simmons . Motion carried .
City` Clerk
MARCH, 1981 Approved April 9 Meeting
GENERAL FUND
Director of Labor - Unemployment Insurance (1-43-868) 937.38
Fort Dearborn Life Ins. Co. - Life Insurance Premium for April (1-43-856) 264.74
Fort Dearborn Life Ins.Co.- Life Insurance Premium for March (1-43-856) 280.07
Chicago Title Ins. Co. - Title search for Dickson Court $ Washington St. 140.00
Properties (1-43-860)
Markelz Office Products,Inc.- Inv. 91940 Col. Sheets (1-43-865) 16.61
C C Services, Inc. - Bonds for L. Thanepohn $63.00; J. Skinner $30.00 126.00
M. Merkel $33.00 (1-43-854)
The Hartford - Workmen's Comp. Policy-Audit Premium for 01-25- 2500.00
80/81 (1-43-853)
Ill. Downtown Development- Registration for S. Thanepohn for I/DDA Promotion 15.00
Ass'n. Seminar (1-43-863)
Blue Cross Blue Shield - Health Ins. Premium for April (1-43-856) 1893.76
LeRoy Thanepohn - Meeting expense (1-43-863) 63.95
A. B. Dick Company - Inv. 34493 Copy repairs (1-43-866) 99.40
R.W.O. Communications - Inv. 18152 Radio repair (1-35-602) 32.00
Electronics, Inc.
C & R Communications - Inv. 2756 Dismount Radio equipment from squad 378.00
$ install radio in new squad (1-35-602)
Ray O'Herron Co. , Inc. - Inv. 79657 Shirts, flag patches, & trousers 319.31
(1-35-604)
Badger Uniforms - Inv. 020476 Ties (1-35-604) 36.83
Ronald Reuter - Expense - Management School (1-35-607) 5.50
Ron Westphal Chev. , Inc. - Inv. 2639 New Squad (1-35-608) 8454.43
Motorola, Inc. - Inv. 53210 Case holder, mike holder $138.00 161 .00
(1-35-613) ; Inv. 02179495 Earpiece (1-35-608)
$23.00
Kenneth R.Lotz - Inv. 7576 Ammo (1-35-609) 63.00
Kendall-Grundy FS, Inc. - Gas $852.44 (1-35-611) ; Oil $2 .14 (1-35-610) 854.58
McCarty Fire Equipment Co.- Inv. 2125 Recharge Extinguisher (1-35-613) 16.00
Cavett Rexall Drugs - Film processing (1-35-613) 2.64
Ill. Bell Telephone Co. - 553-5836 P.D. Toll calls $55.23; Pvt. Line-P.D. 105.11
023-1001 $49.88 (1-43-864)
Richard Randall - Vision assistance for Dependent (1-43-872) 21 .50
Glenn Calvert - Dental assistance for Employee (1-43-872) 23.00
Treasurer , State of - Lease No. 204A for Game Farm property (1-43-860) 1 .00
Illinois
Countryside True Value - Hose-P.D. $11.69 (1-35-613) ; Paint, keys, bolts, 54. 87
Hardware nuts, sandpaper etc.-Public Works (1-30-402) $43.18
Aurora Blacktop, Inc. - Inv. 3326 Cold patch $191.60; Inv. 3357 Cold 513.72
patch $322.12 (1-30-402)
Central Limestone Co. - Road gravel (1-30-402) $183. 86; $231 .34 (1-30-409) 415.20
Farmers Elevator Co. - Brick, sacrete, grass seed etc. (1-30-409) 79.89
Yorkville Plumbing & - Ticket 6106 Couplings (1-30-409) 6.96
Pump Co.
John N. Schneider - Repairs on lift pumps (1-32-503) 20 .01
Fox Valley Sewer Service - Center St. sewer flushing F root removal (1-32-501) 220.00
Baxter & Woodman, Inc. - Inv. 4968 Engineering SSES (1-32-502) 3809.42
H. Linden F, Sons - Inv. 126-1 Engineering F, Installation of Sewer 6900.00
Countryside Center (1-32-502)
Yorkville Auto Parts - Cust. No. 126 Stabilizer shock, plug wires, 88.29
carburator cleaner etc. (1-33-531)
Ron Westphal Chev. , Inc. - Inv. 7171 Brakes, governor $ horn repair on C-65 210 .24
(1-33-531)
Johnston Welding Service - Angle iron (1-33-531) 16 .00
Kendall-Grundy FS, Inc. - Gas $582.93 (1-33-533) ; Oper. Maint. $106.02 688.95
(1-33-531)
Hathorn's Inspection Station- Inspections (1-33-534) 27.30
Tri-County Scavenger - Services for March (1-34-561) 3686.25
Service, Inc.
Commonwealth Edison Co. - Park (1-36.2-662) 25.29
Notthern Ill. Gas Co. - 3139077402 City Hall (1-38.1-730) 154.17
Bristol Lumber Co. - Ticket 123394 Pegboard (1-38.5-768) 18.71
Commonwealth Edison Co. - EAP71881 St. Ltg. (1-39) 1028. 11
Meade Electric Co. , Inc. - Inv. 8170 E 8171 Traffic Signal repairs (1-39) 251.50
Daniel J. Kramer, Atty. - Attorney fees - Kellet Weiss suit (1-43-850) 908.45
Kendall County Record - Legal notices - Squad bids & Beecher Community 33.40
Center bids (1-43-860)
Anderson & Bushnell - ticket 12920 Pens $14.28; Ticket 12874 PM Kit for 171.28
Copier $157.00 (1-35-613)
Elden Madden, Adm. Ass't.- Reimburse petty cash: SBOg Meeting expense $2.00 47.34
(1-42-805) ; Recording/Red gistered Municipal
Clerk's Fee $20.00 (1-43-860) ; Postage F, Plan
Commission mailings $5 .60 (1-43-861) ; Office Supplies
$19.74 (1-43-865)
GENERAL FUND Continued
C C Services, Inc. - Inland Marine Floater Policy PQS343072 91.00
Additional police equipment added (1-43-870)
C C Services, Inc. - Property Policey PYA228774 (1-43=869) 2909.00
CMI Incorporated - Radar repair (1-35-602) 100.64
City of Plano - 371 calls on Call Forwarding (1-35-617) 92.75
39,379..55
SALARIES Gross 26,655.09 Net 18,927.11
GENERAL FUND
Odin Christian - Vision assistance for Employee (1-43-872) 75.00
WATER BOND $ INTEREST FUND
The Northern Trust Co. - Water Revenue Bonds 7% Dated 5-1-69 Bonds 11,500.95
$5,000.00; Interest $6,475.00; Bank's Fee $16.50;
Postage $9.45
WATER METER RENTAL FUND
Water Department - C. Behrens Account D-227 7.15
Carla Behrens - Refund of Deposit 17.85
25.00
PARK CODM4ISSION FUND
Little Italian - Pizza party for Karate Club 50.00
Johno's - Inv. 9107 Tee Shirts for Wrestling Program 172.20
Yorkville Congregational - Rent for January $ February 46.00
Church
268.20
BEECHER COMMUNITY CENTER FUND
Elden Madden, Adm. Asst. - Postage (Ref. Bids) 9.97
Tree Towns - Printing plans for Beecher Building 827.20
—.e Quincy Horald Whig Publication Boochor Community Cotor Bids 75.53
- ' = .
Beecher building
Yorkville Instant Printing,Inc.- Job #820 Specifications for Beecher Building 298.90
1136,07
WATER FUND
Kendall-Grundy FS, Inc. - Gas - Public Works (2-50-418) 163.70
Elden Madden - Reimburse for Diesel fuel (2-50-418) 18.00
Illinois Supply Co. - Chlorinator repairs (2-50-413) 16.85
Zwart Gravel Co. - Gravel for water main repairs (2-50-407) 39.82
Commonwealth Edison Co.- EK59CH25525 Pumping-Well #2 (2-50-403) 59.21
Northern Ill. Gas Co. - 3139061604 Pumphouse (2-50-410) 117.30
Water Products Co. - Repair clamps (2-50-407) 103.66
Elden Madden, Adm. Ass't. - Reinburse petty cash: Postage $ water samples 16.58
(2-50-419)
Water Depreciation & - Transfer from water fund 150.00
Contingencies Fund
National Boulevard Bank - Deposit-Water Bond $ Interest Fund 1150.00
of Chicago
National Boulevard Bank - Deposit-Water Bond $ Interest Reserve Fund 170.00
of Chicago
2005. 12
SALARIES Gross 2771 .70 Net 1801.72
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT, made and entered into
this /, f,(, day of March, 1981, by and between the UNITED CITY OF
THE VILLAGE OF YORKVILLE', a municipality in Kendall County,
Ron
Illinois (hereinafter called the "City" ) , anoi/ Westphal Chevrolet,
Inc . , an Illinois corporation with its principal office for the
transaction of business at Routes 47 and 126, Yorkville, Illinois
(hereinafter called the "Company" ) ;
W I T N E S S E T H:
WHEREAS, the City recognizes that it is necessary for
the general welfare and economy of the public that the City
endeavor to provide permanent opportunities for industrial and
commercial employment; and
WHEREAS, the City is authorized under the provisions of
The Industrial Project Revenue Bond Act, Illinois Revised Statutes
(1979 ) , Chapter 24, Sections 11-74-1, et seq. , as supplemented
and amended (hereinafter called the "Act" ) , to construct, acquire
by gift, lease or purchase, reconstruct, improve, better, extend,
or to finance the construction, acquisition, reconstruction,
improvement, betterment or extension of any industrial project,
within the meaning of the Act, in order to relieve conditions of
unemployment, to maintain existing levels of employment, to aid
in the rehabilitation of returning veterans and to encourage the
increase of industry and commerce within the State of Illinois,
thereby reducing the evils attendant upon unemployment and to
increase the tax base of the various municipalities of the State
of Illinois, all for the public safety, benefit and welfare of
the residents of the State of Illinois; and
WHEREAS, the City, in order to implement the public
purposes enumerated in the Act, and in furtherance thereof to
induce the Company to acquire and construct a facility to be used
as an automobile distributorship including all necessary land,
buildings and equipment (hereinafter collectively called the
"Project" ) , within the corporate limits of the City, has indicated
its intent to issue its revenue bonds under and pursuant to the
provisions of the Act, to lend the proceeds derived therefrom to
the Company pursuant to the terms of certain financing agreements
for the purpose of defraying the cost of the Project; and
WHEREAS, the Company, after considering a number of
possible locations within and outside the State of Illinois, and
in reliance upon the intent of the City to finance the cost of
the Project through the issuance of its revenue bonds under the
provisions of the Act, has determined to locate the Project
within the corporate limits of the City; and
WHEREAS, it is now deemed advisable to express formally
and in writing the understanding heretofore informally discussed
by the parties hereto :
NOW, THEREFORE, in consideration of the premises and of
the mutual undertakings herein expressed, the parties hereto
recognize and agree as follows :
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A. The City represents , intends, finds and agrees :
1 . That the City is authorized by the provisions
of the Act to finance the Project, and for the purpose
of paying the cost of such Project, including expenses
incidental thereto, is authorized as aforesaid to issue
its revenue bonds payable from the income and revenues
to be derived by the City from the Project.
2 . That the City intends, subject in all respects
to the provisions and requirements of the Act and to a
sale of the revenue bonds on terms satisfactory to the
Company, to use its best efforts to authorize, issue,
sell and deliver its revenue bonds, to be issued in one
or more series (in an aggregate principal amount not to
exceed eight hundred thousand dollars ( $800, 000 ) , or
such other amount as may be fixed by resolution of the
City at a later date and agreed to by the Company, but
not to exceed the aggregate cost of the Project and the
expenses incidental thereto as estimated at the time of
issuance of the revenue bonds ) ,. and to apply the proceeds
derived therefrom to the payment of the cost of the
Project, provided that prior to the issuance and delivery
of such revenue bonds there shall have been entered
into by and between the Company and the City appropriate
contracts whereby the Company will agree to enter into
financing agreements with the City upon terms which
will comply with the provisions of the Act, and which
will provide for the payment by the Company of amounts
-3-
which will be sufficient in the aggregate to enable the
City to pay the principal of, premium, if any, and
interest on such revenue bonds .
3 . That the financing of the Project by the City
is for a proper public corporate purpose, and that the
financing thereof for the Company is necessary to
implement the public purposes enumerated in the Act.
B. The Company represents, intends and agrees :
1 . That the acquisition, construction, equipping
and expansion of the Project will result in maintaining
or increasing industrial or commercial employment in
the City, and will result in an increase in the City' s
tax revenues .
2 . That if the proposed revenue bonds (including
the rate of interest thereon) of the City are satisfac-
tory to the Company, it will enter financing agreements
with the City upon terms which will be sufficient in
the aggregate to pay the costs of the Project as evi-
denced by such revenue bonds to be issued for the
account of the Project, and will enter into appropriate
contracts with the City with regard to the foregoing
prior to the issuance and delivery of any such revenue
bonds by the City.
3 . That the Company intends during the term of
any such financing agreements, or any renewal thereof,
to cause the Project to be used or occupied primarily
-4-
as an "industrial project, " within the meaning of the
Act.
C. It is further recognized, intended and agreed by
the parties hereto as follows :
1 . That the revenue bonds to be issued by the
City do not and shall not constitute an indebtedness of
the City or a loan of the credit thereof within the
meaning of any constitutional or statutory provision,
and such fact shall be plainly stated on the face of
each of said revenue bonds . No holder or owner of any
of said revenue bonds, or bearer of any appurtenant
interest coupon, shall ever have the right to compel
any exercise of the taxing power of the City to pay the
principal of said revenue bonds, or the interest or
premium, if any, thereon. The principal of, premium,
if any, and interest on such revenue bonds to be issued
to finance the cost of the Project shall be secured by
a pledge to a trustee acting under an indenture of
trust for the benefit of the holders and owners of said
bonds, and the bearers of all appurtenant interest
coupons (if any) , or by a pledge directly to the holders
and owners of said bonds, and the bearers of all appurte-
nant interest coupons (if any) , of the income and other
revenues to be derived by the City from the Project,
shall be further secured by a mortgage on the Project,
-5-
and shall be additionally secured by a pledge to said
trustee or the holders and owners of said revenue
bonds, and the bearers of all appurtenant interest
coupons (if any) , of the aforesaid financing agreements
by and between the City and the Company.
2 . That a primary inducement to the Company in
locating the Project within or near the corporate
limits of the City is the intent of the City to finance
the cost of the Project through the issuance of its
revenue bonds pursuant to the provisions of the Act.
3 . That it is desirable that the Company (or its
designee) rather than the City arrange for the acquisi-
tion, construction and equipping of the Project, and
the subsequent transfer thereof (if necessary) to the
City, in order to insure that the Project, as acquired,
constructed and equipped will conform to the requirements
of the Company for whose use the Project is designed.
4. That this Agreement shall inure to the
benefit of the parties hereto and their respective
successors and assigns; provided, however, that in the
event that the revenue bonds are not issued, sold or
delivered as contemplated herein there shall be no
liability on the part of either the City or the Company,
or of any of their members, officers or employees, for
such non-issuance, non-sale or non-delivery; provided,
further, that in the event that the revenue bonds are
not issued, sold or delivered as contemplated herein,
-6-
the Company shall reimburse the City for all reasonable
expenses incurred by the City in anticipation of such
issuance, sale and delivery.
5 . That this Agreement may be executed in separate
counterparts, all of which shall be deemed a single
instrument.
-7-
IN WITNESS WHEREOF, the UNITED CITY OF THE VILLAGE OF
YORKVILLE, KENDALL COUNTY, ILLINOIS , acting by and through its
City Council, has caused its corporate name to be hereunto subscribed
by its duly authorized Mayor, and attested under its official
Ron
seal by its duly authorized City Clerk, and/Westphal Chevrolet,
Inc. , has caused its corporate name to be hereunto subscribed by
its duly authorized President, and attested under its corporate
seal by its duly authorized Secretary, all being done as of the
year and date first above written.
UNITED CITY OF THE VILLAGE OF
YORKVILLE, ILLINOIS
•
By i!C
Mayor
(SEAL)
Attest:
,GLr•1Yt,LC1L-� - ��Z�L��
Ci Clerk
RON WESTPHAL CHEVROLET, INC.
By, 4 f/ .ice'-
Preside t
(SEAL)
Attest:
Secretary /
-8-
•