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City Council Minutes 2007 01-09-07 I MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY, JANUARY 9, 2007. Mayor Prochaska called the meeting to order at 7:00 P.M and led the Council in the Pledge of Allegiance. ROLL CALL J Clerk Milschewski called the roll. Ward I James Present Leslie Present Ward II Burd Present Wolfer Present Ward III Bock Absent Munns Present Ward IV Besco Present Spears Absent Also present: City Clerk Milschewski, City Treasurer Powell. City Attorney Wyeth, Interim City Administrator Crois, Assistant City Administrator Olson, Police Lieutenant Hart, Director of Public Works Dhuse, Director of Park & Recreation Mogle, and Finance Director Mika. OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA None. COMMITTEE MEETING DATES Public Works Committee Committee of the Whole 7:00 P.M., Tuesday, January 16, 2007 City of Yorkville Conference Room Economic Development Committee Committee of the Whole 7:00 P.M., Tuesday, January 16, 2007 City of Yorkville Conference Room Administration Committee Committee of the Whole 7:00 P.M., Tuesday, February 6, 2007 City of Yorkville Conference Room Public Safety Committee Committee of the Whole 7:00 P.M., Tuesday, February 6, 2007 City of Yorkville Conference Room PRESENTATIONS None. PUBLIC HEARINGS None. ( 1 CITIZEN COMMENTS Wally Werderich, 486 Sunflower Court, addressed the City Council. He noted that several individuals have given their opinion on recent annexations. He felt that there are points as to why the Council should vote one way or the other on an annexation. He stated that the attorneys that have come before the Council with their opinion and he felt that these opinions have been on one side "of the coin ". He encouraged the Council to ask the attorneys, especially those hired by the City, to give both sides of the opinion because attorneys need to advise their clients of both sides so that they have the information before making a decision. He suggested that if the Council was not hearing both sides from their hired attorneys, he was an attorney and would love to talk with them. He stated that he could give them an opposing legal opinion to the annexation. He asked i The Minutes of the Regular Meeting of the Citv Council — January 9, 2007 — pa 2 them not to be scared of a lawsuit or a threat but rather feel empowered because they have a choice. Todd Milliron. 61 Cotswold Drive addressed the Council and informed them that he was recently at a Plainfield City Council meeting where they approved a traffic impact study due to the proposed Fox - Moraine LLC landfill in Yorkville. The study will be presented at the landfill public hearings. Mr. Milliron also noted that the citizen's petitions for the landfill were in court last week. He further noted that Attorney Wyeth gets paid $150.00/hour and he asked how many hours he was in court last week trying to "thwart the will of the people ". Attorney Wyeth stated he was not answering questions and asked Mr. Milliron to make his comment. Mr. Milliron asked how much Attorney Bersani made per hour. When he did not receive an answer, he stated he would file an FOIA request. He stated that no one in the room wants their tax dollars spent to ignore the will of the people. He stated he was going to keep a runnin total of the expenses for this law suit including the cost for Ms. Sibenaller's attorney. He distributed a timeline to the aldermen which denoted the "comings and goings" of employees in the City. He noted that Treasurer Powell was elected in 2003 and he quoted the City's website information on Treasurer Powell. He asked Treasurer Powell where the fiends were balanced over the last four years and he asked why the taxpayers have to pay for an extra audit. Treasurer Powell noted that he has addressed this several times already in response to Mr. Milliron and he asked him if he had anything new to discuss. Alderman Wolfer asked Mr. Milliron if he had sat down with any of the City employees to discuss facts. He cautioned Mr. Milliron to be careful in what he said and to stick to facts. He noted that in the last four years the City's bond rating increased from a "B" to an "A ". He stated that he was unwilling to let Mr. Milliron "beat up" the staff if he was not willing to come in to City Hall to get answers. Mr. Milliron asked what reason was given to the State's Comptroller Office for the delay in missing the audit deadline. Alderman Wolfer again pointed out that Mr. Milliron has been asked to come into City Hall to discuss this with the staff during business hours in order to get this information. Mayor Prochaska and Aldermen Wolfer and James reminded Mr. Milliron that this is the time for comments and asked him to stick to stating comments and not ask question. Alderman James asked Mr. Milliron to sit down unless he had something new to comment on. Mr. Milliron commented that the audit was uncalled for and that no one seems concerned about why taxpayer's money was being spent to reconcile accounts. He also noted that he distributed a copy of the Finance Director's job description and that there were some things that were not done according to the description such as the library tax levy and the reconciliation of accounts. He asked Treasurer Powell where he was when this happened. He also noted that the person hired did not have the prerequisite five years of municipal finance experience. He asked why this person was hired in the first place; was it because of "whom you know, not what you know ". He stated that the Council was not managin the City's money responsibly and he intended to "find some responsible, honest people who will and who will listen to us." Jim LaPorta, 524 Poplar Drive, suggested that the City hire a consultant who specializes in environmental health to give information regarding the landfill. He felt someone with this expertise could give the Council an idea of the harmful effects of an active landfill. A few members of the Council thanked him for the suggestion. Tom Gilmore addressed the City Council. He offered to accompany any interested aldermen in a drive to Pontiac, Illinois to see an operating landfill. He stated this trip would show the traffic and community impact. CONSENT AGENDA 1. Monthly Treasurer's Report for November 2006 (ADM 2007 -02) 2. Resolution 2007 -01- Approving Postponing Consideration of Proposing Ordinances for Silver Fox SSA 2006 -114, Evergreen Farm SSA 2006 -115, Aspen Ridge SSA 2006 -116, Chally Farm SSA 2006 -117, Yorkwood Estates SSA 2006 -118 - authorize the Mayor and City Clerk to execute (ADM 2006 -82, ADM 2006 -83, ADM 2006 -84, ADM 2006 -85, ADM 2006 -86) The Minutes of the Regular Meeting of the Citv Council — January 9, 2007 — uage 3 I 3. Resolution 2007 -02 - Authorization to Close Checking Account and Transfer Funds (Hydraulic /ComEd Sewer Project) - authorize the Mayor and City Clerk to execute (ADM 2007 -04) 4. Resolution 2007 -03 - Authorization to Close Checking Account and Transfer Funds (2004 C Road Improvement Project) - authorize the Mayor and City Clerk to execute (ADM 2007 -05) 5. Resolution 2007 -04 - Authorization to Close Checking Account and Transfer Funds (Bruell Street Sewer Project) - authorize the Mayor and City Clerk to execute (ADM 2007 - �' 06) 6. AT &T ISDN Prime Non - standard Service Agreement — approve and ratify (ADM2007- 03) 7. Ordinance 2007 -01— Amending City Code Title 1 — Administration, Chapter 6B — City Treasurer Regarding Revising the Position of Deputy Treasurer - authorize the Mayor and City Clerk to execute (ADM 2006 -100) Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Leslie; seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes -6 Nays -0 Burd -aye, Munns -aye, James -aye, Wolfer -aye, Leslie -aye, Besco -aye PLANNING COMMISSIONMONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council meeting of October 10, 2006, the Special City Council meetings of October 17, 2006 and November 30, 2006 and the Committee of the Whole meeting of October 17, 2006; seconded by Alderman Wolfer. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated December 26, 2006 totaling the following amounts: checks in the amount of $220,010.34 (vendors); $211,108.71 (payroll period ending 12/23/06); for a total of $431,119.05 (total); seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -6 Nays -0 Munns -aye, James -aye, Wolfer -aye, Leslie -aye, Besco -aye, Burd -aye REPORTS i MAYOR'S REPORT No report. CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Administrator Crois reported that the Vision Session, postponed from December 2006, was rescheduled to January 20, 2007 at 8:00 a.m. FINANCE DIRECTOR'S REPORT No report. The Minutes of the Reeular MeetinLy of the Citv Council — January 9, 2007 — paze 4 DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse and Mayor Prochaska reported that they attended a luncheon earlier in the day given by the American Public Works Association where the City was recognized for its waterworks system improvements. This included the expansion of the system as well as the elimination of the radium from the City's water. The City was recognized in the environmental area. Mayor Prochaska thanked the staff and Engineering Enterprises Inc. (EEI) for getting this project done. He noted that this was a $20 million project which was completed without raising water rates. Alderman James commented that when he attended the Illinois Municipal League Conference he spoke with individuals from other communities who had to raise water rates in order to make the improvements for radium compliance. Alderman Wolfer noted that several communities were considered for this award and Yorkville was considered the best project especially since it was done without raising rates. Director Dhuse explained that EEI submitted the City for the award and the City could still be considered for regional and national recognition. CHIEF OF POLICE'S REPORT No report. DIRECTOR OF PARKS & RECREATION'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT No report. COMMUNITY RELATIONS MANAGER'S REPORT Assistant City Administrator Olson reported on the following for Mrs. Spies: • There will be meetings with residents for the City's Vision Planning. The meetings will be at night and anyone interested should contact Mrs. Spies. • The City's monthly cable access TV program, "Inside Yorkville" will be on Wednesday's at 8:30 p.m. and again on Friday at 12:30 p.m. on Channel 17. The first show will address carbon monoxide detectors. • The Volunteer Appreciation Day will be held May 12, 2007 from 12:00 to 2:30 p.m. at - the Riverfront Park. The City is seeking nominations for outstanding volunteers to be honored at the event. Forms for nominees are available on the City's website or by contacting Mrs. Spies. • The City will be celebrating its fiftieth anniversary of the uniting of Yorkville with Bristol to become the United City of Yorkville. An ad hoc celebration committee is being formed and the first meeting was held on January 8, 2007 and the next is scheduled for January 22n Volunteers are welcomed to attend. Mayor Prochaska reported on the ad hoc committee. He stated that there will be an event every month, from April to possibly October 2007, to celebrate the incorporation. He stated that there will be a commemorative event on April 9, 2007 and all former elected officials and city employees will be invited to attend. He outlined the events proposed for each month of the celebration. He invited anyone interested in helping with events to attend the meeting or contact Mrs. Spies. I COMMUNITY & LIAISON REPORT Alderman Burd encouraged the City Council to attend the Aurora Area Convention and Visitor Bureau luncheon being held on January 19, 2007 at the Paramount Theatre in Aurora.. i COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Resolution 2007 -05 Approving Unpaid Discretionary Leave for a Certain Employee A motion was made by Alderman James to approve a resolution approving unpaid discretionary leave for a certain employee, as presented; seconded by Alderman Leslie. The Minutes of the Regular Meeting of the Citv Council — January 9, 2007 — na eg_5 Alderman Burd asked for clarification as to what the leave does for the employee. Attorney Wyeth explained that the leave establishes the person as an employee for a period of time without pay. Administrator Crois further explained that the leave allows the individual to remain in the group insurance program however after thirty days, the individual has to pay the premiums. Alderman Burd asked if the job is held for the employee and Attorney Wyeth stated that they are considered an at will employee. - Motion approved by a roll call vote. Ayes -6 Nays -0 James -aye, Munns -aye, Burd -aye, Besco -aye, Leslie -aye, Wolfer -aye ADDITIONAL BUSINESS Garbage Cans Alderman James stated that he received a call from a resident regarding garbage cans being blown into the street. The resident stated that Waste Management has heavier garbage cans. Alderman James asked if the City could look into this. Director Dhuse stated that residents may be able to purchase the heavier cans. Election Packets Alderman Burd stated that she understood that it has been recommended that election packets not be given out however someone new to elections may find the process confusing. She stated that after some investigation she discovered that in the past, the City has been using the wrong election petitions. Candidates should be using the independent petitions not the non - partisan ones. She felt that since the elected officials were not sure of the petitions to be used, packets be made up to give individuals wanting to run for office. Mayor Prochaska stated that this information would come out of the City Clerk's office. Clerk Milschewski stated that at the clerk's meeting at the IML Conference, Stewart Diamond from Ancel Glink gave a presentation and advised the clerks not to distribute election information. He explained that there was a liability issue involved if a clerk gave out incorrect information. She further explained that when information was distributed in the past, it was exactly what was presented on the State Board of Elections website so it was still up to the individual to determine which petition to use. There was some discussion regarding the packets and Mayor Prochaska asked Attorney Wyeth if packets could be made and given out with a disclaimer. Attorney Wyeth stated that the liability factor brought up by Clerk Milschewski is beyond dispute. If everyone gets the same information off the State Board of Elections website no one can claim foul. He noted that the first page of the Candidate's Handbook identifies that candidates should seek the advice of qualified counsel if they have any questions. He concurred with Alderman Burd that candidates should be using the independent petitions. He recommended that candidates be directed to the website. City Finances Mayor Prochaska commented that the City's finances are fine, the City is not in any financial jeopardy, no funds are missing and the City's bond rating has increased. The issue facing the city is manpower for bookkeeping. He wanted everyone to be aware that the City's finances are fine. Kendall Marketplace Mayor Prochaska noted that the court date for the Kendall Marketplace lawsuit is March 12, 2007. At this point of time, the effect of this date on th4e development is unknown as there is a timing issue for the developer in regards to delivering pads to some of the users. The developer is working toward a solution. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Wolfer s; seconded by Alderman Spears. Motion approved by a viva voce vote. Meeting adjourned at 7:53 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois CITY COUNCIL MEETING January 9, 2007 PLEASE PRINT NAME: ADDRESS _'L 606g6-- 1n G� e l AU S U NIL SIGNIN I I I