City Council Minutes 1979 07-26-79 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY 0y3)
OF THE VILLAGE OF YORKVILLE , KENDALL COUNTY, ILLINOIS, HELD AT CITY HALL
ON JULY 26 , 1979 .
Mayor Thanepohn called the meeting to order at 8 :00 P .M. and led the
Council in the Pledge of Allegiance to the Flag .
In the absence of Clerk Erickson , roll call was taken by Elden Madden
as follows :
Ward 1 - Beach Ward 2 - Harker Ward 3 - Simmons
Hanback Pierce
Alderman Wolff was absent from Ward 1 , A quorum was established .
The reading of the minutes of the July 12 , 1979 meeting was waived.
Alderman Hanback moved to approve the minutes as presented , seconded by
Alderman Harker . Motion carried 5-0 .
MAYOR' S REPORT - Alderman Simmons moved to approve the ppointment of
Mrs . Charles Thompson to the Library Board to complete the term of
Wayne Gutzwiler that runs until 1981 , seconded by Alderman Harker .
Motion carried 5-0 .
PLAN COMMISSION - Alderman Beach reported that the Plan Commission
has recommended approval of 79 . 17 , 79 . 18 & 79 . 20 to Kendall County ,
with the contingency that the Petitioners agree to file a deed of
covenant with the final plat stating that if at such tine the City
of Yorkville is contiguous to the subject property , the property
owner (s) will agree to annex to the City and dedicate any right-of-way
necessary, to the plats to cover a 10 year period of time
Alderman Beach moved to refer 79 . 17 , 79 . 18 & 79 . 20 to the Building &
Zoning Committee for further discussion , seconded by Alderman Simmons .
Motion carried 5-0 .
Alderman Beach called a Building & Zoning Committee meeting for August 2 ,
1979 at 8 :00 P.M.
BUSINESS & ECONOMIC DEVELOPMENT COMMISSION - Alderman Beach reported
on the July 10 , 1979 meeting. There was discussion on parking sites ,
the sidewalk program and library sites . Industrial site data information
is being gathered for the Illinois Department of Local Governmental
Affairs .
SENIOR CITIZEN REPRESENTATIVE - Mrs . Dickson & Mrs . Larson were
present . Mrs . Larson stated she did not see how the new Sr . Citizen
Home being erected passes fire code due to the wooden construction .
Building Inspector Madden responded that the City has adopted the
national BOCA Code that puts each type of construction into a"use type"
category . The new Senior Citizen Building is in the category that
would take 1 hour for fire to penetrate walls & floors and meets all
the requirements of the National Fire Code adopted by B CA. There is
also a larger elevator in the new building.
OLD BUSINESS
City Property Bids - Elden Madden opened and read the sealed bids
as follows :
1 . Ralph & Arlene Blake - $500 . 00
2 . Yorkville Jaycees (Ralph Johnson , Past President) -
letter was read stating a proposal of a donation or lease
of subject land to the Jaycee ' s for their park .
Alderman Hanback stated he felt that Mr . Blake should not be asked
to put out money for the land that his garage has stood on for years .
Attorney Dickson requested that the subject land be surveyed and Mr.
Blake absorbed the cost of the survey. Attorney Dickson stated there
was no legal way the City could deed the property over with a clear
title to Mr . Blake , without advertising for bids .
Alderman Hanback moved to accept the bid by Ralph and Arlene Blake
of $500 . 00 for the sale of City Property , seconded by Alderwoman Pierce .
Roll call vote was taken as follows :
Beach - Aye Harker - Aye Hanback - Aye Simmons - Aye Pierce - Aye
Motion carried 5-0 . Alderman Wolff was absent from voting .
Alderman Hanback moved to reimburse Mr . & Mrs . ,Blake half of the cost
of the survey of subject land, seconded by Alderwoman Pierce . Roll call
vote was taken as follows :
Beach - Nay Harker - Nay Hanback - Aye Simmons - Aye Pierce - Aye
PRayor Thanepohn - Aye
Motion carried 4-2 . Alderman Wolff was absent from voting .
evl) Page 2 July 26 , 1979
Harker Pre-application Sketch for Annexation - The matter will go back
before the Plan. Commission . Alderman Beach asked that it be referred
to the Committee meeting August 2 , 1979 , for discussion .
Fred Dollman - Application for Variance - Alderman Beach reported that
the subject matter has been referred to the City Council by the Zoning
Board of Appeals .
Alderman Beach moved to deny the request of Dollman/Dhuse for a Variance
on the grounds that it does not abut a City Street , seconded by Alderman
Hanback . Roll call vote was taken as follows :
Beach - Aye Harker - Aye Hanback - Aye Simmons - Aye Pierce - Aye
Motion carried 5-0 . Alderman Wolff was absent from voting .
Robert Kyes - Variance - The Zoning Board of Appeals will meet
Monday, August 6 , 1979 at 7 :00 P .M.
NEW BUSINESS - Elden Madden opened and read the sealed bids for the
construction of the Police Garage as follows :
1. Roselaine Construction Co . , Inc . $54 ,547 . 00
2 . Perkin ' s Buildings , Inc . 44 ,695 .00
3 . Builder ' s Construction Co . 39 ,340 . 00
4. Construction Services Corp . 41 , 796 . 00
In the absence of Alderman Wolff , chairman of the Police Committee ,
Alderman Beach moved to refer the bids to committee for study and
recommendation , seconded by Alderman Harker . Motion carried 5-0 .
The committee will meet on August 2 , 1979 .
BUILDING & ZONING - Alderman Beach moved to waive the building permit fee
for the Yorkville Baptist Church , seconded by Alderman Hanback . Motion
carried 5-0 .
Alderman Beach will send a letter to the Yorkville Baptist Church stating
that ONLY the building permit fees will be waived. Water & sewer
hook-up fees and BOCA review will be paid by the church .
FINANCE - Alderman Simmons reported. that Treasurer Merkel has
invested the large money 30-day deposit at Yorkville National
Bank at 9 . 625% interest .
HEALTH & SANITATION - Chief Randall reported that 32 areas in the
City limits need mowing and weed cutting. A list is being made
4 all property owners will be notified .
SEWERS - Alderman Harker moved to advertise for bids on a new City
tractor/endloader/bAdkho'e for the. Public Works Department, seconded by
Alderman Simmons . Motion carried 4-1 . Alderman Hanback voted Nay.
STREETS & ALLEYS - Alderman Simmons reported that the City ' s share of
the Sidewalk Replacement Program for the West side of Bridge Street
in the Central Business area from to Include Little Joe ' s Tavern
south to W. Van Emmon Street would be $5 ,000 to $6 .000, approximately.
TREES & PARKS - Alderwoman Pierce reported that she has sent letters
to State nurseries for information . Two out of three trees were saved
in City parkways that were checked.
LIBRARY BOARD - Alderman Harker reported that a meeting was held July
25 , 1979 to discuss new library plans .
PUBLIC PROPERTY & BUILDINGS - Alderman Hanback moved to authorize
remodeling of the City. Office & washroom for the men at the Public
Works Building , seconded by Alderman Harker . Roll call was taken
as follows :
Pierce - Aye Simmons - Aye Hanback - Aye Harker - Aye Beach -
Aye
Motion carried 5-0 . Alderman Wolff was absent from voting .
Alderman Harker moved to adjourn the meeting , seconded by Alderwoman
Pierce . Motion carried 5-0 .
Cit Clerk
ORDINANCE NO. 2Z
AN ORDINANCE AUTHORIZING SALE OF MUNICIPALLY
OWNED REAL PROPERTY, BEING A PART OF SUBLOT
"A" , SECTION 32, TOWNSHIP 37, RANGE 7 EAST OF
THE THIRD PRINCIPAL MERIDIAN, ETC. WITHIN THE
UNITED CITY OF THE VILLAGE OF YORKVILLE.
WHEREAS, The United City of the Village of Yorkville
owns the following described real property:
The East 35 feet of Sublot "A" , Section 32, Town-
ship 37, Range 7 East of the Third Principal Meri-
dian, containing 78/100ths of an acre of land and
more particularly described in Plat Book No. 1,
page 89 in the Recorder' s Office of Kendall County,
State of Illinois, said premises being located in
the Village of Bristol (now The United City of the
Village of Yorkville) , Kendall County, Illinois.
Said property is located generally on West Center Street in
The United City of the Village of Yorkville, and is currently
used for private purposes of an adjacent land-owner.
WHEREAS, the City Council of The United City of the
Village of Yorkville have determined that it is no longer
necessary, appropriate or convenient, or in the best interests
of the City, that it retain title to said real estate, and that
said real estate is not required for the use of, or is profit-
able to the said municipality; and
WHEREAS, pursuant to Section 11-76-2 of the Illinois
Municipal Code, Illinois Revised Statutes , Chapter 24, Section
11-76-2 , Notice has been given of the proposal to sell such real
estate, and bids have been invited for the purchase of such real
estate, said notice having been published on the day of
9
1973, and having been published for three
successive weeks in the Kendall County Record, the newspaper
published in the municipality;
GOLDSMITH, THELIN, SCHILLER & DICKSON
ATTORNEYS AT LAW
MERCHANTS NATIONAL BANK BLDG.
AURORA, ILLINOIS 60507
P. O. BOX 1483 _
AREA CODE 312-859.3300
WHEREAS, pursuant to said Notice, bids were opened
at the regular meeting of the City Council of The United City
of the Village of Yorkville, held on the a&-day of
1974 and
WHEREAS, the following bids for the purchase of said
property have been received:
Bidder Amount
S I T/l��l1�L (lC 11 J(_Sd o.g? ..,
�►• - 90'61'4f
WHEREAS, the City Council of The United City of the
Village of Yorkville find and determine that the best interest
of the said City and its residents will be served by the accep-
tance of the bid submitted by C��F �y4,A!C! , and
—.—F r
the sale of the aforesaid real estate to such bidder for the
0
amount bid of 11 SUac' which amount represents the
high bid;
NOW, THEREFORE, be it Ordained, by the City Council of
The United City of the Village of Yorkville, Kendall County,
Illinois, as follows:
SECTION ONE
The City Council of The United City of the Village of
Yorkville finds as facts, the recitals hereinabove set forth.
-2-
GOLDSMITH. THELIN, SCHILLER & D:CKSON
ATTORNEYS AT LAW
MERCHANTS NATIONAL BANK BLDG.
AURORA, ILLINOIS 60507
P. O. BOX 1485
AREA CODE 312-859-3300
SECTION TWO
The bid of in the amount of
SU is hereby accepted by the City Council of The
United City of the Village of Yorkville for the sale of the
following described real estate:
The East 35 feet of Sublot "A" , Section 32, Township
37, Range 7 East of the Third Principal Meridian,
containing 78/100ths of an acre of land and more par-
ticularly described in Plat Book No. 1, page 89 in the
Recorder' s Office of Kendall County, State of Illinois,
said premises being located in the Village of Bristol,
(now The United City of the Village of Yorkville)
Kendall County, Illinois.
SECTION THREE
The Mayor is hereby authorized and directed to sign,
and the City Clerk is hereby authorized and directed to attest
a contract for the sale and purchase of the aforesaid real
estate, which contract shall be in the form attached hereto
as Exhibit "A" .
SECTION FOUR
Upon the satisfaction of the terms of the aforesaid
contract and upon the payment securing the aforesaid bid price
in the manner provided in said Contract, the Mayor is hereby
authorized and directed to convey and transfer the aforesaid
real estate to by a proper deed of
conveyance, stating therein the aforesaid consideration, and
the City Clerk is hereby authorized to acknowledge and attest
such deed and will affix thereto the seal of The United City
of the Village of Yorkville.
-3-
GOLDSMITH. THELIN. SCHILLER & DICKSON
ATTORNEYS AT LAW
MERCHANTS NATIONAL BANK BLDG.
AURORA. ILLINOIS 60507
P. O. BOX 1485
AREA CODE 312-859-3300
SECTION FIVE.
The Mayor and the Clerk are hereby authorized
respectively to execute and attest such other documents as
may be necessary to the conveyance herein authorized.
SECTION SIX
This Ordinance shall be in full force and effect
from and after its passage, by a vote of at least three-
fourths of the corporate authorities now holding office, and
approval in the manner provided by law.
9
PASSED this -,964 day of A.D. 197 .
AYES: S NAYS: ABSENT: f
APPROVED this a(o day of A.D. 197
May
ATTEST:
Clerk
-4-
GOLDSMITH, THELIN, SCHILLER & DICKSON
ATTORNEYS AT LAW
MERCHANTS NATIONAL BANK BLDG.
AURORA, ILLINOIS 60507
P. O. BOX 1485
AREA CODE 312-859.3300
CHICAGO TITLE INSURANCE COM►ANV . ILLINOIS FORM A•
Real Estate Sale contract
1 (Purchaser)
agrees to purchase at a price of$ on the terms set forth herein,the following described real estate
in County,Illinois:
(If legal description is not included herein at time of execution, is
authorized to insert it thereafter.)
commonly known as ,and
with approximate lot dimensions of x together with the following personal property presently located thereon:
bike items not applicable) (a) storm and screen doors and windows;(b) awnings;(c)outdoor television antenna;(d)wall-to-wall,hallway and stair
eting;(e) window shades and draperies and supporting fixtures;(f)venetian blinds;(g)electric,plumbing and other attached fixtures as installed;(h)
ater softener;(i)refrigerator(s);(j) range(s);and also
2. (Seller)
(Insert names of all owners and their respective spouses)
agrees to sell the real estate and the property,if any,described above at the price and terms set forth herein,and to convey or cause to be conveyed to
Purchaser or nominee title thereto(in joint tenancy)by a recordable deed,with release of homestead rights,and a proper bill
of sale, subject only to: (a)covenants, conditions and restrictions of record;(b)private,public and utility easements and roads and highways,if any;(c)
party wall rights and agreements,if any;(d) existing leases and tenancies;(e) special taxes or assessments for improvements not yet completed;(f)any
unconfirmed special tax or assessment; (g) installments not due at the date hereof of any special tax or assessment for improvements heretofore
completed;(h) mortgage or trust deed specified below,if any;(i)general taxes for the year and subsequent years including taxes which may
accrue by reason of new or additional improvements during the year(s) ;and to
3. Purchaser has paid $ (and will pay within days the additional sum of$ )as earnest money to be
applied on the purchase price, and agrees to pay or satisfy the balance of the purchase price,plus or minus prorations,at the time of closing as follows:
(strike subparagraph not applicable)
(a) The payment of$
(b) The acceptance of the title to the real estate by Purchaser subject to a mortgage(trust deed)of record securing a principal indebtedness(which the
Purchaser [does[ [does not[ agree to assume)aggregating S bearing interest at the rate of %a year,and the
payment of a sum which represents the difference between the amount due on the indebtedness at the time of closing and the balance of the
purchase price.
4. This contract is subject to the condition that Purchaser be able to procure within days a firm commitment for a loan to be secured by a
ortgage or trust deed on the real estate in the amount of S or such lesser sum as Purchaser accepts,with interest not to exceed
%a year to be amortized over . years, the commission and service charges for such loan not to exceed %.1f,after making
very reasonable effort, Purchaser is unable to procure such commitment within the time specified herein and so notified Seller thereof within that time,
is contract shall become null and void and all earnest money shall be returned to Purchaser;provided that if Seller,at his option,within a like period of
time following Purchaser's notice, procures for Purchaser such a commitment or notifies Purchaser that Seller will accept a purchase money mortgage
upon the same terms,this contract shall remain in full force and effect.(Strike paragraph if inapplicable.)
S. The time of closing shall be on , or 20 days after notice that financing has been procured if above paragraph 4 is
operative, or on the date, if any, to which such time is extended by reason of paragraph 2 of the Conditions and Stipulations hereafter becoming
operative (whichever date is later), unless subsequently mutually agreed otherwise,at the office of or
of the mortgage lender,if any,provided title is shown to be good or is accepted by Purchaser.
6. Seller shall deliver possession to Purchaser on or before days after the sale has been closed. Seller agrees to pay Purchaser the sum of
$ for each day Seller remains in possession between the time of closing and the time possession is delivered.
7. Seller agrees to pay a broker's commission to
in the amount set forth in the broker's listing contract or as follows:
B. The earnest money shall be held by
for the mutual benefit of the parties.
9. Seller agrees to deliver possession of the real estate in the same condition as it is at the date of this contract,ordinary wear and tear excepted.
10. A duplicate original of this contract,duly executed by the Seller and his spouse, if any, shall be delivered to the Purchasers within days
from the date below, otherwise, at the Purchaser's option, this contract shall become null and void and the earnest money shall be refunded to the
Purchaser.
This contract is subject to the Conditions and Stipulations set forth on the back page hereof,which Conditions and Stipulations are made a part of this
contract.
Dated
Purchaser (Address)
Purchaser (Address)
Seller (Address)
Seller (.Address)
:Form normally used for sale of residential property other than property improved with large multi-family strurturcs.
//17 �i
CONDITIONS AND STIPULATIONS
1. Seller shall deliver or cause to be delivered to Purchaser or Purchaser's agent,not less than 5 days prior to the time of closing,a title commitment:far-
an owner's title insurance policy issued by the Chicago Title Insurance Company in the amount of the purchase price,covering title to the real estate on.r<
or after the date hereof,showing title in the intended grantor subject only to(a)the general exceptions contained in the policy unless the contract price is
$100,000.00 or less and the real estate is improved with a single family dwelling or an apartment building of four or fewer residential units,(b)the title
exceptions set forth above,and (c) title exceptions pertaining to liens or encumbrances of a definite or ascertainable amount which may be removed by
the payment of money at the time of closing and which the Seller may so remove at that time by using the funds to be paid upon the delivery of the deed
(all of which are herein referred to as the permitted exceptions).The title commitment shall be conclusive evidence of good title as therein shown as to all
matters insured by the policy,subject only to the exceptions as therein stated. Seller also shall furnish Purchaser an affidavit of title in customary form
covering the date of closing and showing title in Seller subject only to the permitted exceptions in foregoing items (b) and (c) and unpermitted
exceptions,if any,as to which the title insurer commits to extend insurance in the manner specified in paragraph 2 below.
If the title commitment discloses unpermitted exceptions, Seller shall have 30 days from the date of delivery thereof to have the exceptions removed
in the commitment or to have the title insurer commit to insure against loss or damage that may be occasioned by such exceptions,and,in such event,
the time of closing shall be 35 days after delivery of the commitment or the time specified in paragraph 5 on the front page hereof,whichever is later.If
Seller fails to have the exceptions removed, or in the alternative,to obtain the commitment for title insurance specified above as to such exceptions
within the specified time,Purchaser may terminate this contract or may elect,upon notice to Seller within 10 days after the expiration of the 30-day
period,to take title as it then is with the right to deduct from the purchase price liens or encumbrances of a definite or ascertainable amount.If Purchaser
does not so elect,this contract shall become null and void without further actions of the parties.
3. Rents,premiums under assignable insurance policies,water and other utility charges,fuels,prepaid service contracts,general taxes,accrued interest on
mortgage indebtedness,if any,and other similar items shall be adjusted ratably as of the time of closing.If the amount of the current general taxes is not
then ascertainable,the adjustment thereof shall be on the basis of the amount of the most recent ascertainable taxes.The amount of any general taxes
which may accrue by reason of new or additional improvements shall be adjusted on the basis of
All prorations are final unless otherwise provided herein.Existing leases and assignable insurance policies,if any,shall then be assigned to Purchaser.Seller
shall pay the amount of any stamp tax imposed by State law on the transfer of the title,and shall furnish a completed Real Estate Transfer Declaration
signed by the Seller or the Seller's agent in the form required pursuant to the Real Estate Transfer Tax Act of the State of Illinois and shall furnish any
declaration signed by the Seller or the Seller's agent or meet other requirements as established by any local ordinance with regard to a transfer or
transaction tax;such tax required by local ordinance shall be paid by the Purchaser.
4. The provisions of the Uniform Vendor and Purchaser Risk Act of the State of Illinois shall be applicable to this contract.
tthis contract is terminated without Purchaser's fault, the earnest money shall be returned to the Purchaser,but if the termination is caused by the
asei s fault,then at the option of the Seller and upon notice to the Purchaser,the earnest money shall be forfeited to the Seller and applied first to
yment of Seller's expenses and then to payment of broker's commission;the balance,if any,to be retained by the Seller as liquidated damages.
6. At the election of Seller or Purchaser upon notice to the other party not less than 5 days prior to the time of closing,this sale shall be closed through
an escrow with Chicago Title and Trust Company, in accordance with the general provisions of the usual form of Deed and Money Escrow Agreement
then in use by Chicago Title and Trust Company, with such special provisions inserted in the escrow agreement as may be required to conform with this
contract.Upon the creation of such an escrow,anything herein to the contrary notwithstanding,payment of purchase price and delivery of deed shall be
made through the escrow and this contract and the earnest money shall be deposited in the escrow.The cost of the escrow shall be divided equally
between Seller and Purchaser.(Strike paragraphs if inapplicable.)
7. Time is of the essence of this contract.
$. All notices herein required shall be in writing and shall be served on the parties at the addresses following their signatures.The mailing of a notice by
registered or certified mail,return receipt requested,shall be sufficient service.
9. Purchaser and Seller hereby agree to make all disclosures and do all things necessary to comply with the applicable provisions of the Real Estate
Settlement Procedures Act of 1974. In the event that either party shall fail to make appropriate disclosure when asked,such failure shall be considered a
breach on the part of said party.
FORM 3:.72 R.6/75
e a