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City Council Minutes 1978 09-28-78 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED 2 4 CITY OF THE VILLAGE OF YORKVILLE4 ILLINOIS, HELD AT CITY HALL ON SEPTEMBER .2.8.x. .1.9.7.8. Mayor Thanepohn called the meeting to order at 8 :00 P.M. and led the Council in the Pledge of Allegiance to the flag. Roll call was taken as follows : Ward 1 - Beach Ward 2 - Hanback Ward 3 - Simmons Harker Smith Alderman Wolff was- absent from Ward 1 . A quorum was established. The reading of the minutes of the September 14 , 1978 meeting was waived. Alderman Smith moved to approve the minutes with the following correction: Page 1, under Mayor ' s Report, paragraph 3 , line 4 , to delete "May" and add "September" . The motion was seconded by Alderman Harker . Motion carried 5-0 . ATTORNEY' S REPORT - Alderman Simmons moved to pass the Ordinance _- Amending the Zoning Ordinance of the City of Yorkville Prohibiting Apartments Over Business Properties as a Special Use , seconded by Alderman Harker. Roll call vote was taken as follows : Beach - Aye Hanback - Aye Simmons - Aye Harker - Aye Smith - Aye Motion carried 5-0 . Alderman Wolff was absent from the voting. Alderman Simmons moved to pass the Ordinance Amending Ordinance No . 8-1975 , Concerning Procedures for the Advertisement, Bidding and Awarding of Contracts in Excess of $1 , 500 .00 for the United City of the Village of Yorkville , Illinois , Increasing Said Amount to $2 ,500.00 . The motion was seconded by Alderman Smith. Roll call vote was taken as follows : Beach - Aye Hanback - Aye Simmons - Aye Harker - Aye Smith - Aye Motion carried 5-0 . Alderman Wolff was absent from voting. Alderman Hanback moved to approve the Resolution No. 33-1978 authorizing transfer of the necessary�._fvnds_ from the General Fund to the Motor Fuel Tax Fund to complete payment of construction and engineering fees incurred in Section 77-00009-OOWR (Fox Road) . The motion was seconded by Alderman Harker. Roll call vote was taken as follows : Beach - Aye Hanback - Aye Simmons - Aye Harker - Aye Smith - Aye Motion carried 5-0 . Alderman Wolff was absent from voting . Attorney Dickson reported that he has received the deed regarding the Ralph Blake property, but has requested a survey and title letter from Mr. Blake ' s attorney which has not been .obtained to date. Attorney Dickson received and reviewed a Petition for Annexation submitted to him by Attorney Jim Wilson regarding the Stark Property. Attorney Dickson has requested some changes to be made . MAYOR' S REPORT - The request for funds budgeted through Revenue Sharing for the Kendall Family and Youth Services organization was tabled until the Organization can be investigated more thoroughly. The City Council has been invited to participate in the Homecoming Parade , October 7 , 1978. They will assemble at Hillside at 9 : 30 AM. 248 Page 2 September 28, 1978 PARK COMMISSION - Alderman Smith reported he had received a Comprehensive Report of the Park Commissions summer programs and it would be available to anyone wishing to look it over. BUSINESS &ECONOMIC DEVELOPMENT COMMISSION - The next meeting will be October 10 , 1978 at 8 : 00 P.M. at the Water Tower Conference Room. COMMUNITY CENTER COMMITTEE - The next meeting will be held October 3 , 1978 at 7 : 30 P .M. at the Water Tower Conference Room. OLD BUSINESS - Alderman Harker asked for consideration of his pre-an- nexation Proposal and asked to be removed from his Council seat for the discussion. Alderman Simmons read Section 78 . 25 from the September 26 , 1978 Plan Commission Minutes regarding the matter . A discussion was held on the feasibility of a frontage road. Alternatives presented were the extension of Badger Street through the property and an entrance from the front of the property to Route 47 . It was suggested that a subdivision plat be presented to the City Council and tabled until the October 12, 1978 meeting. EMERGENCY SERVICES & DISASTER - Mayor Thanepohn suggested the Committee meet with Al Spera, the ES&D Director for the City to study contingency plans for conceivable disasters as soon as possible . FINANCE - Alderman Simmons reported the Committee is working on the election procedure review and the voters and precinct lists . Alderman Simmons moved to accept the bid by the Country Companies Agency of $5 ,013 .00 annual premium for the Umbrella Policy giving an increase to the total of $1 ,500 ,000 .00 coverakey the bid being accepted on an emergency basis. The motion was seconded by Alderman Hanback. Roll call vote was taken as follows : Beach - Aye Hanback - Aye Simmons - Aye Harker - Aye Smith - Aye Motion carried 5-0. Alderman Wolff was absent from voting . PUBLIC PROPERTY & BUILDINGS - Mayor Thanepohn stated the auditors have requested an annual inventory & value estimation of City property to be included in the audit. STREETS & ALLEYS - Alderman Beach reported the 12" water line from the pumphouse to W. Van Emmon has not been started to date . Director Madden stated work should begin again the following week on the West Alley. Fox Road work has been delayed due to waiting for the arrival of the condrete catch basins and manholes. The road will be prepared and primed this fall but the actual blacktopping may have to be delayed until spring all depending on the weather. WATER - Alderman Smith called a Committee meeting for Thursday, October 5 , 1978 at 7 : 30 P .M. at the Water Tower Conference Room in regards to a presentation by Tom Muerder. STREETS & ALLEYS (con' t) - Upon Committee recommendation, Alderman Beach moved to send out bids for a 1979 - 1 Ton Cab-Chassis 60"CA 4 Wheel Drive Truck for the Public Works Department, seconded by Alderman Hanback . Motion carried 5-0 . Alderman Wolff was absent from voting. A letter was received from the Yorkville School District requesting that a patrolman be kept at his usual position to insures the flow of Page 3 September 28 , 1978 bus traffic . TENNIS COURT COMMITTEE - Alderman Hanback reported that parts have been received and the foundations will be poured as soon as concrete is available for the light poles . Alderman Smith moved to adjourn the meeting seconded by Alderman Harker. Respectfully Submitted , er�� '. d.�� CIT CLERK ORDINANCE NO. /0 /97� i AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF YORKVILLE PROHIBITING APARTMENTS OVER BUSINESS PROPERTIES AS A SPECIAL USE WHEREAS, The City Council of the United City of the Village of Yorkville has heretofore adopted a comprehensive zoning o dinance in December, 1971, and 4 WHEREAS, The business classification therein in Section 7.02, .an specifically paragraph B thereof, did permit as a condition of speciaj1 use for B-1 limited business districts, use for apartments above first floor business uses, and WHEREAS, The City Council, recognizing the general change in economy and conditions, deems it inappropriate and contrary to the public health, welfare and safety to continue to permit construc- tion and use in the future, of apartments above first floor business uses. NOW, THEREFORE, be it ordained by the City Council of the UNITED CITY OF THE VILLAGE OF YORKVILLE, that the comprehensive zoning ordinance of the UNITED CITY OF THE VILLAGE OF YORKVILLE, the same being Ordinance No. "(e_A as adopted March 24, 1974, be and the 'same is hereby amended to delete Section , 7.02, paragraph B.2. therefrom. Said zoning ordinance shall as of this day forward, prohibit apartments above first floor business uses,• as 'a permitted use. This Ordinance shall be in full force and effect after ,, its passage and publication in accordance with the law. Adopted this '- day of CQd 4z,, , tm -, ' 1978. City. erk Approved and signed this aftA day of , 1978. ayor GOLDSMITH. THELIN. S CHI I�LER & DICKSON ATTORNEYS AT LAW MCRCHANTG NATIONAL BANK BLDG. AURORA. I L LI N 0151 60607 F-0.lox I48b AR"C009 313-85�-3300 RESOLUTION NO. WHEREAS, the United City of the Village of York- ville, Kendall County, Illinois, plans to make street improve- ments, known as Section 77-00009-OOWR , and WHEREAS, .there are insufficient Motor Fuel Tax Funds available to the said City at this time to do this project.. i NOW, THEREFORE, be it resolved by the City Council of The United City of the Village of Yorkville that the City Clerk be authorized to transfer from General Fund (not other- wise budgeted) to the Motor Fuel Tax Fund, sufficient monies to complete payment of both construction costs and engineering fees incurred in Section 77-0009-OOW4 to be improved .under the provisions of the Motor Fuel Tax Law, within ninety (90) days after completion of the work. PROVIDED, HOWEVER, that the United City of the Village of Yorkville shall thereafter return such monies to the appro- priate accounts as future reimbursements of Motor Fuel Tax Funds are received from the State of Illinois, and BE IT FURTHER PROVIDED, that no interest charges will be made against: said Motor Fuel Tax Funds by such transfers. PASSEL this G��� day of September, 1978. City erk APPROVED and SIGNED this day of September, 1978. �T GOLOSMITH. THELIN. SCHILLER & DICKSON Ma ATTORNEYS AT LAW 0 MERCHANTS NATIONAL BANK BLDG. AURORA. ILLINOIS 60507 R O.BOX 1488 ARIA COOK 312-969-9800 ' NO � w I, LuAnne Erickson, Clerk in and for the United City of the Village of Yorkville, hereby certify the fore- going to be a true, perfect and complete copy of a Resolution adopted by the City Council at a meeting on In testimony whereof, I have hereunto set my hand and seal this afA day of , A.D. 1978. City-Clerk f: y GOLDSMITH, THELIN. SCHILLER & DICKSON ATTORNEYS AT LAW MERCHANTS NATIONAL BANK BLDG. AURORA, ILLINOIS 80507 P. O. BOX 1460 AREA CODE 312-655.3400 3.3 ORDINANCE NO. BEING AN ORDINANCE AMENDING ORDINANCE NO. 8 i97,3� , CONCERNING PROCEDURES FOR THE ADVERTISEMENT, BIDDING AND AWARDING OF CONTRACTS IN EXCESS OF $1,500. 00 FOR THE UNITED CITY OF THE VILLAGE OF YORKVILLE, ILLINOIS, INCREASING SAID AMOUNT TO $2 ,500.00. WHEREAS, The United City of the Village of Yorkville 4 has heretofore adopted an Ordinance specifying procedures for the advertising for bids for all contracts in excess of $1,500.00; and WHEREAS, the Statutes of the State of Illinois have been amended to permit all municipalities to let contracts for labor, services or work up to, an amount of $2,500.00, without the necessity for advertising for bids therefor, and WHEREAS, The United City of the Village of Yorkville wishes to amend Ordinance No. 8'�9'S� concerning procedures for the advertisement, bidding and awarding contracts in excess of $1,500.00 for the United City of the Village of Yorkville, Illinois, to increase the amount from $1,500.00 to $2, 500.00. NOW, THEREFORE, be it ordained by the United City of the Village of Yorkville, that Ordinance No. 4E-1,q7,5" concerning procedures for the advertisement, bidding and award- ing of contracts in excess of $1,500. 00 for the United City of the Village of Yorkville, Illinois, be and the same is hereby amended to increase the said amount from $1,500.00 to $2,500.00, and said Ordinance is amended by deleting therefrom, every reference to the figure of $1,500.00, and substituting therefor the sum of $2,500.00, wheresoever the same may appear in the aforesaid Ordinance. I GOLDSMITH, THELIN. SCHILLER & DICKSON ATTORNEYS AT LAW MERCHANTS NATIONAL BANK BLDG. _ AURORA. ILLINOIS 60807 P.O.BOX 1485 AREA CODE 312-059.3300 This Ordinance shall be in full force and effect from and after its passage and publication as provided by law. The effect of provisions of Ordinances passed heretofore and not inconsistent with the provisions of this Ordinance are hereby expressly ratified and all provisions inconsistent herewith are hereby expressly repealed. PASSED this effe y da of , A.D. , 1978. City Clerk SIGNED and APPROVED this day of , A.D. , 1978. Ma or GOLDSMITH. THELIN, SCHILLER & DICKSON ATTORNEYS AT LAW MERCHANTS NATIONAL BANK BLDG. AURORA. ILLINOIS 60507 P.O.BOX 1485 AREA CODE 312-858.9900