City Council Minutes 2006 09-27-06 Special Meeting i
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MINUTES OF THE SSPECIAL 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 27, 2006.
Mayor Prochaska called the meeting to order at 7:03 P.M and led the Council in the Pledge of
Allegiance.
ROLL CALL
Clerk Milschewski called the roll.
Ward I James Present
Leslie Absent
Ward II Burd Present
Wolfer Present
Ward III Bock Present
Mums Present
Ward IV Besco Present
Spears Present
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Also present: City Clerk Milschewski, City Attorney Wyeth and Interim City Administrator
Crois.
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.
Mayor Prochaska noted that there were two items incorrectly on the agenda; Amendments to the
Agenda and Additional Business.
CITIZEN COMMENTS
None.
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REPORTS
MAYOR'S REPORT
Ratification of Ordinance Imposing Fee, Tax or Surcharge
On the Permanent Disposal of Solid Waste
(COW 2006 -08)
Mayor Prochaska entertained a motion to approve and reaffirm an ordinance imposing fee, tax or
surcharge on the permanent disposal of solid waste in the United City of Yorkville, as presented
tonight, and as previously presented and voted on at the September 19, 2006 Committee of the
Whole meeting and to ratify that ordinance known as Ordinance 2006 -93, nunc pro tunc. So
moved by Alderman James; seconded by Alderman Bock.
Alderman Burd asked the definition of nunc pro tunc. Attorney Wyeth explained that it means
now as it was then". Alderman Burd also questioned why the City Council had to vote to ratify
this ordinance and Attorney Wyeth explained that it was to make certain that what the City
Council enacted, Ordinance 2006 -93, is re- affirmed. This makes certain that this provision will
survive any scrutiny based upon the fact it was passed at a Committee of the Whole (COW)
meeting.
Alderman Spears stated that members of the Council asked if the original vote at the COW
meeting was legal and they were reassured it was. Mayor Prochaska stated that because it was
questioned both of the City's attorneys, City Attorney Wyeth and Attorney Dirk Price, suggested
that while it was not necessary this would prevent any future questioning.
Alderman Burd suggested things like this be done right the first time so the City is not put in a
position where it is questioned as to what it is doing. She asked Attorney Wyeth to explain the
ordinance and he explained that this ordinance gives the City the ability to assess a fee,
sometimes called the $1.27 /ton provision. The first person in line that enacts this provision has
access to the fee; this is the amount that the City would be entitled to if a landfill were ever sited
within the community. He referred the Council to the chart in the Host Agreement for further
information.
The Minutes of the Special Meetine of the Citv Council — September 27, 2006 — page 2
Motion approved by a roll call vote. Ayes -7 Nays -0
Burd -aye, Spears -aye, Bock -aye, Besco -aye, Wolfer -aye, James -aye, Munns -aye
ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Besco; seconded by
Alderman Wolfer.
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Motion approved by a viva voce vote.
Meeting adjourned at 7:08 P.M.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville, Illinois
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