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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 : -2- 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- •