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City Council Minutes 2007 05-08-07 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, MAY 8, 2007. Mayor Prochaska called the meeting to order at 7:00 P.M and led the Council in the Pledge of Allegiance. ROLL CALL �_- Clerk Milschewski called the roll. Ward I James Absent Leslie Present Ward II Burd Present Golinski Present Ward III Bock Present Munns Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Wyeth, Interim City Attorney Roth, Interim City Administrator Crois, Assistant City Administrator Olson, Finance Director Mika, Director of Public Works Dhuse, Police Chief Martin, Director of Park & Recreation Mogle, Community Development Director Miller, City Engineer Wywrot and Public Relations Officer Spies. OUORUM A quorum was established. SWEARING -IN: Mayor Prochaska stated that it has been an honor and privilege to serve the people of the United City of Yorkville. He noted that there are exciting times ahead for the community as well as challenges. He stated that while things may at times seem arduous there will be many opportunities ahead. He expressed his wish that the new Council would be able to recognize the best of the opportunities and have the strength to act upon them in the best interest of the United City of Yorkville. He then vacated his seat. Mayor -elect Burd introduced Judge McCann who proceeded to swear in City Treasurer William Powell, City Clerk Jacquelyn Milschewski, Ward 1 Alderman Walter Werderich, Ward 2 Alderman Arden Joseph Plocher, Ward 3 Alderman Robyn Sutcliff, Ward 4 Alderman Rose Ann Spears and Mayor Valerie Burd. INTRODUCTION OF GUESTS Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Burd requested that an emergency executive session be added to the end of the meeting before the Additional Business section of the agenda. She stated that there will be action taken afterward. A motion was made by Alderman Werderich; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -8 Nays -0 Besco -aye, Leslie -aye, Golinski -aye, Werderich -aye, Munns -aye, Plocher -aye, Spears -aye, Sutcliff- -aye COMMITTEE MEETING DATES Public Works Committee Committee of the Whole 7:00 P.M., Tuesday, May 15, 2007 City of Yorkville Conference Room Economic Development Committee Committee of the Whole 7:00 P.M., Tuesday, May 15, 2007 City of Yorkville Conference Room Administration Committee Committee of the Whole 7:00 P.M., Tuesday, June 5, 2007 City of Yorkville Conference Room The Minutes of the Regular Meeting of the Citv Council — Mav 8, 2007 — nab Public Safety Committee Committee of the Whole 7:00 P.M., Tuesday, June 5, 2007 City of Yorkville Conference Room PRESENTATIONS None. PUBLIC HEARINGS None. CITIZEN COMMENTS Darrel Brown, 8262 Highpoint Road, congratulated the newly elected officials. He also expressed his concern with the composting facility owned by Don Hammon. He noted that the odor from it is adversely affecting his way of life and is the worst it has been in the last seven years. He stated that it smells so bad that his children have to stay indoors. He speculated that the odor is related to the proposed landfill. He stated that he left Building Inspector Bill Dettmer several messages reporting the issue and finally spoke directly to him earlier in the day. He requested the City Council hold Mr. Hammon accountable for his operation and possibly raise the standards for it. City Administrator Crois reported that Mr. Dettmer was out on the site today and will be preparing a report for the City Council. He also recommended that those making complaints leave their name and telephone number when they call so that Mr. Dettmer can respond to them. Brian LeClercq, Village President of Oswego, thanked Mayor Burd for inviting him to the meeting. He congratulated everyone and commented that there will be a lot of work ahead with many things happening. He invited the City Council to meet with Oswego's Board of Trustees so that the two communities can work together. Joanne Gilbert, 8730 E. Highpoint, commented that she was told by a lawyer that complaints against Mr. Hammon's operation need to be filed with the Ill inois Environmental Protection Agency however she has a court order dated April 12, 1995 from the Kendall County court which states that complaints can be made to the Kendall County Health Department in lieu of the IEPA. She asked if this process transfers to the City now that the property has been annexed. City Attorney Wyeth stated that he had not seen the court order but the City could be the enforcer if applicable. Marilyn Michelin, Village President of Montgomery congratulated the newly elected officials and stated that she looked forward to working together with them. Tom Gilmore, county resident, wished the newly elected members of the City Council the best of luck. He stated that there was a bright future for Yorkville and he wished the new members the very best. CONSENT AGENDA 1. Monthly Treasurer's Report for March 2007 (ADM 2007 -37) 2. Resolution 2007 -29 - Approving Petty Cash Policy - authorize the Mayor and City Clerk to execute (ADM 2007 -38) 3. Ordinance 2007 -39 - Amending Ordinance 1994 -91 — Providing for the Imposition of a Garbage and Refuse Pick -Up Surcharge — Change to Surcharge Amount - authorize the Mayor and City Clerk to execute (ADM 200740) 4. Sponsorship Request for the Optimist Club — authorize waiving park rental fee and provide in -kind hours from Park and Recreation Department (CC 2007 -05) 5. Approval of Historical Street Name (CC 2007 -06) a. Barbra Joan Groesch b. Ralph and Arlene Blake 6. Approval of Honorary Street Names — Nomination of Founding Fathers by HRC: Delbert Trummel, Wayne Larson, Russ Hughes, Bill Randals and Richard Mitchell (CC 2007 -07) Mayor Burd entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Golinski; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -8 Nays -0 Leslie -aye, Munns -aye, Plocher -aye, Spears -aye, Sutcliff -aye, Werderich -aye, Besco -aye, Golinski -aye PLANNING COMMISSION /ZONING BOARD OF APPEAL No report. The Minutes of the Regular Meeting of the Citv Council — Mav 8, 2007 — Dam MINUTES FOR APPROVAL A motion was made by Alderman Spears to approve the minutes of the City Council meetings of March 13, 2007 and March 27, 2007; seconded by Alderman Besco. Motion approved by a viva voce vote. A motion was made by Alderman Spears to approve the minutes of the Committee of the Whole meetings of March 20, 2007 and April 3, 2007; seconded by Alderman Besco. Alderman Golinski noted a typographical error on page 6 of the April 3, 2007 minutes; "Alderman" Crois should be corrected to "Administrator" Crois. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Spears to approve the paying of the bills listed on the Detailed Board Report dated April 25, 2007 totaling the following amounts: checks in the amount of $790,326.13 (vendors — revised 5/2/07 — see summary); $223,420.54 (payroll period ending 4/14/07); for a total of $1,013,746.67 (total); seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -8 Nays-0 Munns -aye, Plocher -aye, Spears -aye, Sutcliff- -aye, Werderich -aye, Besco -aye, Golinski -aye, Leslie -aye REPORTS MAYOR'S REPORT Mayor Pro Tem for FY 07/08 Mayor Burd reported that in the past the mayor pro tem has been selected by seniority and Alderman Munns would be the next candidate. A motion was made by Alderman Besco for Alderman Munns to be mayor pro tem; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -8 Nays -0 Besco -aye, Leslie -aye, Golinski -aye, Werderich- aye, Munns -aye, Plocher -aye, Spears -aye, Sutcliff -aye Appointment of City Attorney Mayor Burd reported that she would like to appoint Mike Roth from Wildman, Harrold, Allen and Dixon to be the interim city attorney. She entertained a motion to accept this firm. She indicated that the City Council had information before them and this will be for the short-term. She explained that she had interviewed several firms and felt this one would best suit Yorkville's short-term needs. She noted that Attorney Roth was the former city attorney for the City of Naperville and she asked for the City Council's vote of confidence. So moved by Alderman Munns; seconded by Alderman Plocher. Alderman Munns questioned if Attorney Roth's fees would be comparable to those paid the previous city attorney. Attorney Roth explained that the proposal is for a fixed number of hours, starting at 50 hours per month, for a fixed fee. Alderman Besco questioned if the budget needed to be adjusted to accommodate Attorney Roth's fees. Finance Director Mika stated that potentially it may need to be adjusted. Administrator Crois indicated that adjustments can be made at the six month review of the budget. Mayor Burd indicated that this is not for the long-term and she envisioned that a committee of four aldermen would be established to interview firms after it has been determined if a full or part-time attorney is needed. Alderman Leslie asked what the time fi - ame was for the appointment. Mayor Burd indicated that it was open -ended and could be ended at any time. Both Aldermen Leslie and Spears felt the firm was a good choice. Motion approved by a roll call vote. Ayes -8 Nays -0 Leslie -aye, Gohnski -aye, Werderich -aye, Munns -aye, Plocher -aye, Spears -aye, Sutcliff -aye, Besco -aye The Minutes of the Regular Meeting of the Citv Council — Mav 8, 2007 — page 4 Kendall Marketplace Payment and Priority Agreement (CC 2007 -08) Mayor Burd asked if anyone wanted to make a motion to approve the Kendall Marketplace Payment and Priority Agreement. A motion was made by Alderman Besco to approve the form of agreement for Kendall Marketplace "Payment and Priority Agreement" between the Developer (Cannonball, LLC) Kohl's, Target, Home Depot, the Lender and the City, as presented, subject to staff and legal review and to authorize the Mayor to execute the final form of the Agreement; seconded by Alderman Leslie. Motion approved by a roll call vote. Ayes -8 Nays -0 Golinski -aye, Werderich -aye, Munns -aye, Plocher -aye, Spears -aye, Sutcliff -aye, Besco -aye, Leslie -aye City Administrator Salary Range (CC 2007 -09) Mayor Burd asked for a motion to approve the City Administrator recruitment posting salary range to be increased to $130,000.00 /year based on review of the position. She reported that the review indicated that high -end city administrators get up to this amount and the City wants to attract the brightest and best. A motion was made by Alderman Leslie to approve City Attorney Recruitment Posting Salary Range to $130,000.00; seconded by Alderman Werderich. i Alderman Besco asked if the budget would have to be adjusted to accomplish this. Finance Director Mika stated that it may potentially have to be adjusted however some vacancies may affect this. Alderman Munns asked what the low end of the range was. Assistant City Administrator Olson explained that there is no low range and that the posting will state a salary of $130,000.00, plus or minus. Alderman Spears asked if the educational degree of the city administrators in other communities were investigated. Mr. Olson stated that his investigation revealed that a bachelor's degree was the minimum requirement with a master's degree preferred but not required. Alderman Spears felt that for $130,000.00 /year she would be more comfortable with a city administrator who had a master's degree. Mayor Burd stated that the intention is that in order for the candidate to get the high end of the salary, they would have to have top qualifications. Alderman Spears stated that she would like so see the job posting changed to indicate that the master's degree is required. Alderman Golinski asked if the increase was recommended by the hiring consultant and Mr. Olson stated that he did discuss the increase with them and they agreed with it. There was some discussion on how the posting should read and the increase of the range. Motion approved by a roll call vote. Ayes -5 Nays -2 Present -1 Werderich -aye, Munns -aye, Plocher -aye, Spears -nay, Sutcliff -aye, Besco- present, Leslie -aye, Golinski -nay CommitteeJCommission Appointment Mayor Burd indicated that the chairmanship of the committee's would be established by seniority. The senior aldermen picked ch and the outcome was: o Alderman Spears - Public Safety Committee o Alderman Munns - Administration Committee o Alderman Besco - Public Works Committee o Alderman Leslie - Economic Development Committee The remaining aldermen picked vice - ch based on seniority: • Alderman Golinski - Economic Development Committee • Alderman Werderich - Public Safety Committee • Alderman Plocher - Administration Committee • Alderman Sutcliff - Public Works Committee The Minutes of the Reizular Meeting of the Citv Council - Mav 8, 2007 - nalze 5 After some discussion the following seats on committees were determined to be: • Administration Committee - Aldermen Spears and Werderich • Economic Development Committee - Aldermen Munns and Besco • Public Safety Committee - Aldermen Golinski and Alderman Sutcliff • Public Works Committee - Aldermen Leslie and Plocher Poppy Awareness Days - Mayor Burd read a proclamation for Poppy Awareness Days, May 17, 18 and 19, 2007 (see attached). She asked for a vote of ratification of the proclamation and it was approved by viva voce vote. CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT Appointment of Deputy Clerk Clerk Milschewski requested a motion to approve Office Assistant Lisa Pickering as Deputy Clerk for the next fiscal year. So moved by Alderman Spears seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes -8 Nays -0 Plocher -aye, Spears -aye, Sutcliff -aye, Besco -aye, Leslie -aye, Golinski -aye, Werderich -aye, Munns -aye CITY TREASURER'S REPORT Treasurer Powell reported that bank signature cards will be available to be signed after the new aldermen receive their signature stamps. He indicated that until this is done, none of the newly elected aldermen can sign checks. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT Director Mika reported that she distributed new budget packets to the City Council. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE'S REPORT Chief Martin reported that a new police officer will be hired by June 5, 2007 and sworn in the following Tuesday. DIRECTOR OF PARKS & RECREATION'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR'S REPOR No report. COMMUNITY RELATIONS MANAGER'S REPORT No report. COMMUNITY & LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2007- 40 Approving a Redevelopment Agreement for the Downtown Redevelopment Project Area (EDC 2007 -17) The Minutes of the Regular Meeting of the Citv Council — Mav 8.2007 — page 5 A motion was made by Alderman Leslie to approve an ordinance approving a Redevelopment Agreement for the Downtown Redevelopment Project; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -8 Nays -0 Spears -aye, Sutcliff- -aye, Besco -aye, Leslie -aye, Gohnski -aye, Werderich -aye, Munns -aye, Plocher -aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. EXECUTIVE SESSION Mayor Burd entertained a motion to Executive Session to discuss manners of pending litigation. She asked that the City Attorney and Attorney Kramer be included. So moved by Alderman Werderich; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -8 Nays -0 Spears -aye, Sutcliff -aye, Werderich -aye, Besco -aye, Golinski -aye, Leslie -aye, Munns -aye, Plocher -aye The City Council entered in to Executive Session at 8:10 p.m. The City Council returned to regular session at 8:45 pm. ADJOURNMENT Mayor Burd entertained a motion to adjourn. So moved by Alderman Munns; seconded by Alderman Besco. Motion approved by a viva voce vote. Meeting adjourned at 8:45 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois * **Tape malfunctioned — barely audible � i i CITY COUNCIL MEETING May 8, 2007 PLEASE PRINT NAME: ADDRESS: cv Z/o P144 6T o f� ,u 4,1 e, 4 t — �z — 72_ 4467 Val U/ 14�7 Q a� QC-, MA ACI S �J Ir0 4c— �lb� dvt,ev PtUl 1�vv 0 (Je � M av W 0 --t 1 0 - ri mNIN I i CITY COUNCIL MEETING May 8, 2007 PLEASE PRINT NAME: ADDRESS: log C A Q;r\ 5� 0 1 -0-41 � 1 / o v l 1\4 n I l ' C ,sly w, X16, 41,6 R*? 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Inln ;, �, ;�, \�� ,�:��, �': �: �\ ��?! �/ � .����P.r�...�e1l�i.,_e.��_I.lr� ®r��I�l���•.°��ell�� a�..o�el!������. a���s,�l -��� UNITED CITY OF YORKVILLE J I' Whereas, the American Legion Post #489 and American Legion Auxiliary Unit #489 have for many years engaged in the services to disabled veterans and their families, and have taken an active part in charitable work within the community; and Whereas, the American Legion and American Legion Auxiliary hold annual "Poppy Awareness Days" when poppies made by disabled veterans in Illinois hospitals are dispensed publicly for the purpose of raising funds with which to carry on their " beneficial work; and 1 Whereas, the one bright color of these war torn areas was the brave little red z, poppy growing and blooming on the edges of the trenches, in the ragged shell holes, on the graves of those men buried in Flanders Field, with remembrances of the cheery bright red flowers returned to America with our boys, the poppy becoming the symbol of the dead their memorial flower and the sign that the high ideals for which these � brave young men gave their lives, still lives; and Whereas, a double significance was attached when disabled veterans quickly learned to assemble poppies while growing well again, with the American Legion and Auxiliary being united in their efforts to help the hospitalized veterans within our state who make these bright red poppies for distribution, fulfilling a desperate need, with money taken in over expenses being returned to the veterans and their families through the service programs; and Whereas, to Flanders Field we add Pearl Harbor, Korea, Viet Nam, Grenada, i Panama, Gulf War (Operation Desert Shield), and the current Iraq conflict; and Whereas, the days of May 17, 18, and 19, 2007 have been selected as "Poppy Awareness Days" in the United City of Yorkville to honor our war dead by wearing a POPPY i Therefore, I, Valerie Burd, Mayor of the United City of Yorkville, do hereby proclaim "Poppy Awareness Days" in the United City of Yorkville, and request all citizens to observe these days by wearing a Poppy and making contributions for this worthy cause. I ' Dated this 8 day of May 2007 A.D. lilt Valerie Burd, Mayor - J, i�����m c ra`l��,��� lmrrr<��0,�4�® mew j�ja�, � ewwAI�0�0� @owmd�d����mv ®( 1ro ;�?�I����, "lr� �'11 I `;, f ■r al w,n. a, a Wr ■nu ■ia � A p, ■Iola, ®� , 9r ■rare � � mr ■lol ■ �, � aura mlN ✓� 9rnro mn,t ,1 >,:=, .'r a � •t _A s'lA b °a -iy 4� - .C_� +a °Sa ' - ssi.. _ - _ __ _ 6 J II r ' A. 1