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
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