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City Council Minutes 2007 09-11-07 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, SEPTEMBER 11, 2007. Mayor Burd called the meeting to order at 11:05 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Leslie Present Werderich Present Ward II Gohnski Present Plocher Present Ward III Munns Present Sutcliff Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, Interim City Attorney Roth, City Administrator McLaughlin. Assistant City Administrator Olson. Finance Director Mika, Police Chief Martin, Police Lieutenants hart and Schwartzkopf, Director of Park & Recreation Mogle, Community Development Director Miller, City Engineer Wywrot and Human Resource Manager Kasper. OUORUM A quorum was established. 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 entertained a motion to add PS 2007 -17, PS 2007 -29, PS 2007 -30; ADM 2007 -74 and COW 2007 -22 (under the Clerk's Report) to the Consent Agenda. So moved by Alderman Besco; seconded by Alderman Spears. Alderman Besco added another amendment. He asked that the bill from Kramer Law Office in the amount of $3,835.70 be removed from page 6 of the Bill List to the Administration Committee report. Mayor Burd entertained a motion to amend the agenda. So moved by Alderman Besco; seconded by Alderman Spears. Motion approved by a viva voce vote. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M., Tuesday, October 2, 2007 City Hall Conference Room Economic Development Committee 7:00 P.M., Tuesday, September 18, 2007 City Hall Council Chambers Administration Committee 7:00 P.M., Tuesday, October 2, 2007 City Hall Council Chambers Public Safety Committee 6 :00 P.M., Tuesday, October 16, 2007 City of Yorkville Conference Room �) PRESENTATIONS None. PUBLIC HEARINGS None. CITIZEN COMMENTS Elsie Morganegg, 1943 Wild Indigo Lane, questioned the status of the library tax issue. Attorney Roth stated that he did not review state statute regarding this and that he would do so and advise the City The Minutes of the Regular Meeting of the Citv Council — September 11, 2007 — nage 2 Council. Alderman Spears commented that she spoke with an attorney who handles house closings and he felt that this tax would have been about $1.00 on vacant farm land. Mayor Burd suggested that this be verified with Kendall County. There was some discussion about the application of that tax and Mayor Burd assured Mrs. Morganegg that the city would have an answer toe the problem in two weeks. CONSENT AGENDA 1. Monthly Treasurer's Report for July 2007 (ADM 2007 -70) 2. Resolution 2007 -49 - Evidencing the Intention of the City to Issue Single Family Mortgage Revenue Bonds — authorize Mayor and City Clerk to execute (ADM 2007 -76) 3. Grande Reserve Unit 12 — Site Development Letter of Credit Expiration — authorize City Clerk to call letter of credit ifnot renewed by November 2, 2007 ( PW 2007 -127) 4. Grande Reserve Unit 13 — Site Development Letter of Credit Expiration - authorize City Clerk to call letter of credit ifnot renewed by November 2, 2007 (PW 2007 -128) 5. Grande Reserve Unit 13 — Site Inspection Letter of Credit Reduction 41— authorize reduction in an amount not to exceed $15,750. 00 .. subject to verification that developer has no outstanding debt owed to city (PW 2007 -129) 6. Grande Reserve Unit 14 — Site Inspection Letter of Credit Reduction 41 - authorize reduction in an amount not to exceed $15,750. 00, subject to verification that developer has no outstanding debt owed to city (PW 2007 -130) 7. Raintree Village Unit 5 - Site Development Letter of Credit Expiration — authorize City Clerk to call letter ofcredit ifnot renewed by September 28,2007 (PW 2007 -131) 8. In -Town Road Program (Phase 2 Utilities) — Change Order 43 — approve an increase in an amount not to exceed $10, 779.32 and authorize Mayor and City Clerk to execute (PW 2007- 132) 9. River Road Plat of Dedication — authorize Mayor and City Clerk to execute (PW 2007 -135) 10. Prairie Gardens Subdivision — Subordination of Surface Rights — approve as presented and authorize Mayor and City Clerk to execute (PW 2007 -138) 11. Yorkville Middle School — Subordination of Surface Rights - approve as presented and authorize Mayor and City Clerk to execute (PW 2007 -139) 12. Bristol Bay Units 1 -7 — Landscape Bond Reduction #1 — authorize reduction in an amount not to exceed $652,050.63, subject to verification that developer has no outstanding debt owed to city (PW 2007 -140) 13. Ordinance 2007 -62 - Amending Sections 3 -3 -6 of Chapter 3 (liquor Control) of Title 3 (Business and license requirements) of the United City of Yorkville City Code regarding the Number of Package Liquor Licenses, as presented (PS 2007 -17) 14. Ordinance 2007 -63 - Amending Sections 3- 3 -4 -5B of Chapter 3 (liquor Control) of Title 3 (Business and license requirements) of the United City of Yorkville City Code regarding patio licenses, as presented (PS 2007 -29) 15. KenCom Intergovernmental Agreement — approve as presented (PS 2007 -30) 16. Disposal of Outdated IT Equipment — approve the disposal o f outdated IT equipment, as presented (ADM 2007 -75) 17. Resolution 2007 -50 -Approving the Release of Executive Session Minutes — presented (COW 2007 -22) Mayor Burd entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Golinski; seconded by Alderman Werdercih. 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 PLAN COMMISSION/ZONING BOARD OF APPEAL Director Miller reported that the next Plan Commission Meeting would be September 12, 2007 at 7:00 p.m. and the next ZBA meeting would be held on October 3, 2007_ Mayor Burd noted that there was an opening on the ZBA as Ralph Pfister has resigned. Anyone interested should contact her. MINUTES FOR APPROVAL A motion was made by Alderman Munns to approve the minutes of the City Council meeting of August 14 2007• seconded b Alderman ears. Spears. p Motion approved by a viva voce vote. A motion was made by Alderman Munns to approve the minutes of the Special City Council meetings of August 14, 2007 and August 21, 2007; seconded by Alderman Spears. Motion approved by a viva voce vote. The Minutes of the Regular Meeting of the Citv Council — September 11, 2007 —Wage 3 BILLS FOR APPROVAL A motion was made by Alderman Munns to approve the paying of the bills listed on the Detailed Board Report dated September 5, 2007 totaling the following amounts: checks in the amount of $1,321,309.76 (vendors); $243,732.99 (payroll period ending 9/1/07); for a total of $1,565,042.75; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -8 Nays -0 Munns -aye, Plocher -aye, Spears -aye, Sutcliff -aye, Werderich -aye, Besco -aye, Gohnski -aye, Leslie -aye REPORTS MAYOR'S REPORT Ad Hoc Environmental Committee (CC 2007 -13) Mayor Burd reported that she was going to create a mayor's advisory committee on the environment. Anyone interested in serving on the committee should contact Jo Fleischman at 553 -5917. Ms. Fleishman lives in the River's Edge subdivision and she has volunteered to head up the group. The group will advice the Council on ways to amend ordinances or to providing incentives to builders to use "green" building designs. Alderman Spears noted that when she tried to form an Senior Ad Hoc committee the Council voted on it and it was not approved. Mayor Burd stated that she assumed that the former mayor did not want to have this committee and Alderman Spears noted that he supported it. Mayor Burd stated that she supported the committee and it should move forwarded. Proclamation for Constitution Week Mayor Burd read a proclamation for Constitution Week. CITY COUNCIL REPORT Governing Ordinance - Committee Liaison Discussion (COW 2007 -19) Mayor Burd reported that the recommendation was to send this back to the Administration Committee. She asked if anyone wanted to make the recommendation for the record. So moved by Alderman Golinski; seconded by Alderman Munns. Motion approved by a viva voce vote. City's Hiring Policies (COW 2007 -23) A motion was made by Alderman Spears to forward the City Hiring Policy to the Administration Committee; seconded by Alderman Leslie. Motion approved by a viva voce vote. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. ATTORNEY'S REPORT No report. CITY ADMINISTATOR'S REPORT City Administrator McLaughlin thanked everyone for the warm welcome. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE'S REPORT Chief Martin reported on the following: The Minutes of the Regular Meeting of the Citv Council — September 11, 2007 — Daze 4 • On September 29, 2007 the Optimist Club would be holding an Oktoberfest at the Riverfront Park. • School is back in session — he asked evervone to be kind to the United City of Yorkville regarding traffic as it is not the city's fault. He stated that they are trying to develop solutions to the issues in different areas. • Two new officers will be sworn in on September 14, 2007 DIRECTOR OF PARKS & RECREATION'S REPORT Director Mogle reported that the Hometown Days was very successful and well attended_ He stated that it was a team effort that made the event a success. Mayor Burd congratulated staff on a fantastic job. COMMUNITY RELATIONS OFFICER'S REPORT No report. COMMUNITY & LIAISON REPORT School Board Meeting Alderman Sutcliff reported that she attended the School Board meeting where the number of children in attendance and gifted and bi- lingual programs were discussed_ COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Bill for Law Offices of Daniel Kramer Alderman Munns reported that this item was pulled off the bill list for an individual vote. Alderman Besco noted that the City Council reviewed the minutes from the executive session discussing this bill however Alderman Golinski was not present. He asked if he had the chance to review the minutes and Alderman Golinski stated that he did. Alderman Sutcliff stated that by voting on this the Council is making a statement as to the policy of the city and if the council will support each other in matters of litigation. She felt that personalities should be removed from the situation and this should be looked at from a policy standpoint. Mayor Burd asked Attorney Roth to comment on this. Attorney Roth stated that everyone has listened to and read the executive session minutes. He stated that based on the direction given by the council the attorneys went to court. The matter was deferred to Attorney Kramer's office to defend the litigation which they did and the case was dismissed. Mayor Burd noted that the former City Attorney's bill was not paid as he did not represent the Council. Alderman Spears commented that after reviewing the executive session minutes, she highlighted the number of times it was question whether the mayor and Alderman PIocher hired the Kramers on their own to represent them personally. She also questioned if the City Clerk's legal fees should be paid as well as those of the former mayor. She questioned if there is a balance; pay for one and not the other. Attorney Roth stated that the City Clerk took a position that was adversarial to the city and should not be compensated for her legal fees. The mayor was grouped in with all the city officials as part of the defense and to his knowledge there were no fees incurred by her in an individual capacity. Mayor Burd pointed out that the City Attorney left the executive session under the impression that he had been given the direction to have the Kramer's be the lead attorney's in the matter. The former city attorney said on numerous occasion that he had the authority to hire additional help in regards to litigation. She felt that the Kramer's could make a case based on the released minutes that there was The Minutes of the Reeular Meetine of the Citv Council — September 11, 2007 — nage 5 intent by the city to allow them to represent the Council. She stated that they are entitled to be paid for their work for the city and the Council should not quibble over this small amount of money. She noted that the city paid "hundreds of thousands of dollars" to the former City Attorney for "a lot worse representation ". She stated that she felt it would be negligent for the City Council if they did not pay the bill and she would support the Kramers if they had a claim against people who did not vote "that way ". Alderman Spears pointed out that it is noted approximately seven time in the minutes that the mayor hired the Kramers personally. The minutes even reflect the mayor saying that she did not have the authority to hire Kramer as the city attorney. She noted that Alderman Plocher also stated that "personally he was keeping Kramer ". Alderman Spears read several passages from the minutes to illustrate that Mayor Burd hired the Kramers to represent her as an individual. Alderman Werderich commented that Attorney Wyatt should have withdrawn from the case as opposed to saying that he could not present the case at all. Alderman Leslie read passages from the executive session minutes indicating that Mayor Burd hired the Kramers in terms of individual representation. He stated that the Council has legal representation and Mayor Burd intervened by hiring Kramer. He stated that he would have like the situation to play out with out extra fees being incurred. Alderman Munns stated he read the minutes and the biggest thing that hit him was that Alderman Plocher stated he was personally keeping Kramer. He questioned the meaning of this statement. Attorney Roth reiterated that Kramer was hired to represent the Council and that Alderman Plocher retained Kramer in an individual capacity. The question is if Kramer should be compensated for his services representing the city. Alderman Besco stated that at the executive session Alderman Werderich, who is an attorney, stated that Kramer could not represent the Council because he was already hired by Alderman Plocher and Mayor Burd. Alderman Besco noted that the representation the City Council needed at the time was minimal because the plaintiffs were asking for a ruling. There was no monetary judgment requested and he personally felt no need to hire an attorney however Mayor Burd and Alderman Plocher felt they needed one . He stated the he could not tell his constituents that money was going to be spent for someone who wasn't even seated in office. He felt it was setting a bad precedent. He noted that if he did not agree with Attorney Roth he would not hire another attorney. Attorney Roth stated that in his opinion the outcome of the case was determinative of this issue; the court determined Alderman Plocher was properly entitled to his position and due to this he feels that this was official city business. Alderman Leslie asked if Mayor Burd had the authority as mayor -elect to appoint council. Attorney Roth stated that if she had been the seated mayor she had the authority. As mayor -elect he did not think she had the authority however this situation fell under unusual circumstances because the then City Attorney was not doing his job. Alderman Leslie stated that if he understood Attorney Roth correctly, the mayor - elect did not have the authority to hire Kramer. He noted that the Council did not have any input at the point of time when Mayor Burd hired Kramer. Alderman Munns stated that he understood that if Kramer entered his appearance on behalf of someone personally then there might be a conflict of interest to represent the city as a co- defendant. Attorney Roth stated that he filed an appearance to avoid any conflict of interest however he did not bill the city for his legal services. Alderman Spears pointed out that Alderman Plocher hired Kramer before the executive session and she did not feel the taxpayers should pay for this because he hired Kramer on his own behalf There were no further comments or questions. Mayor Burd entertained a motion to approve payment of the Kramer's bill. So moved by Alderman Sutcliff, seconded by Alderman Werderich. Motion defeated by a roll call vote. Ayes -2 Nays -4 Abstain -1 Present -1 Spears -nay, Plocher- abstain, Werderich -aye, Golinski -nay, Besco -nay, Leslie nay, Sutcliff -aye, Munns- present ADDITIONAL BUSINESS Trick or Treat Hours Alderman Spears asked about the hours for trick or treating. Chief Martin stated he would get this information out to the press tomorrow. The Minutes of the Regular Meeting of the City Council — September 11. 2007 — page 6 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 11:57 P.M. Minutes submitted by. . 0..i� N—Qz� Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois 1 l COMMITTEE OF THE WHOLE CITY COUNCIL MEETING September 11, 2007 PLEASE PRINT NAME: ADDRESS: - f AA 111*6 2- co .� � d� e l ank -� 7 ape-.Uaiv�ea�. ( F2 1 C IJ ( 0 6P15 1 ) �T oR ►cc�cc �c,_ w Ol�✓AALL �12. / AG COMMITTEE OF THE WHOLE CITY COUNCIL MEETING September 11, 2007 PLEASE PRINT NAME: ADDRESS: Y �� 13 3 3 1 f3 J V%l -ts3 S A-ve ��4 1 )�. cj e, i I Sri ., Y 1Z4 ` Orc IDrK'lkl -2. �o W Qt Y SIGNIN