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City Council Minutes 2006 11-14-06 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, NOVEMBER 14, 2006. Mayor Prochaska called the meeting to order at 7:04 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Absent Leslie Absent Ward II Burd Present Wolfer Present Ward III Bock Present Mums Present (arrived 7:10) Ward IV Besco Absent Spears Present Also present: City Clerk Milschewski, City Treasurer Powell. City Attorney Wyeth, Interim City Administrator Crois, Assistant City Administrator Olson, Police Chief Martin, 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. He extended a special welcome to Boy Scout Troop 34 who came to observe a City Council meeting. AMENDMENTS TO THE AGENDA None. COMMITTEE MEETING DATES Public Works Committee Committee of the Whole 7:00 P.M., Tuesday, November 21, 2006 City of Yorkville Conference Room Economic Development Committee Committee of the Whole 7:00 P.M., Tuesday, November 21, 2006 City of Yorkville Conference Room Administration Committee Committee of the Whole 7:00 P.M., Tuesday, December 5, 2006 City of Yorkville Conference Room Public Safety Committee Committee of the Whole 7:00 P.M., Tuesday, December 5, 2006 City of Yorkville Conference Room Ad Hoc Technology Committee To Be Announced PRESENTATIONS Citizen Award - Lynn Randall Mayor Prochaska and Chief Martin presented Lynn Martin with a Citizen Award for her dedication to the community. Ms. Randall called in suspicion activity in her neighborhood to the Police Department and relayed information which included a vehicle description, a license plate number and a detailed description of suspects. Her assistance aided the department in the arrest of two suspects for burglary and the recovery of a portion of the victim's property. Mayor Prochaska thanked Ms. Randall for her courage and cooperation in this incident. Certificates of Commendation - Detective Stacey Mott Mayor Prochaska and Chief Martin presented Detective Stacey Mott with a Certificate of Commendation for her role in a theft investigation which involved counterfeit bills. Through her investigation she learned of a possible suspect and worked with county and federal agencies i i I The Minutes of the Regular Meeting of the Citv Council — November 14, 2006 — nage 2 to identify and locate the suspect. She obtained a warrant to search the suspect's home which resulted the recovery of thousands of dollars of computer equipment, counterfeiting paraphernalia, as well has hundreds of completed and partially completed counterfeit bills. Detective Mott brought the case to a close resulting in a Class III felony forgery and a misdemeanor theft charge. Mayor Prochaska thanked Detective Mott for her dedication to the United City of Yorkville. PUBLIC HEARINGS None. CITIZEN COMMENTS Todd Milliron of 61 Cotswold Drive addressed the City Council. He explained that he is passionate about being a citizen of the United States of America. He stated that he and the almost six hundred registered voters who signed his petition regarding a referendum on annexations have the right to petition. He stated that it is a valid petition however the City Attorney wants the City Council to narrowly construe the statute ( 65 ILCS 5/7 -1) that he sited in the petition. He explained that the statute has been on the books since the 1870's and it was meant to be a safety valve. He encouraged the City Council to read the statute and noted that that nowhere in it does it specify a specific type of annexation and that like most law it is cumulative in nature. He asked the City Council to support his request for a referendum indicating that the worst that could happen would be that there will not be a ballot initiative in April 2007. He stated that if the City Council supports the request, Fox Moraine will not be able to file their siting application on December 1, 2006 and this will put the process on hold until the election in April 2007 and then maybe by then Kendall County will have made their decision for a landfill in the county. Ron Parrish of 11571 Route 71 addressed the City Council. He stated that he understood that the aldermen and mayor will be the ones to make the decision regarding the landfill. He felt that this was unfair because based on their recent votes on the annexations and road vacation they do not seem to be impartial. He commented that the City must be considering the landfill because of money and he asked if the City Council has looked at the land values and property taxes that will be lost if a landfill comes into the City. He stated that at the landfill meeting on November 13, 2006 it was mentioned that residents can file for an amendment on their taxes. He recommended that everyone in Kendall County file for a 25% reduction on their taxes because a landfill will affect everyone's property values and lives. Tom Gilmore of Kendall County addressed the City Council. He stated that he was speaking on behalf of the Friends of Greater Yorkville. He asked the City Council to reconsider and think about the implications of any future action in regards to the landfill. He stated that his group feels they have defended their position on the landfill effectively and fairly and they hope the City Council will reconsider its position. CONSENT AGENDA 1. Police Reports for October 2006 (PS 200642) 2. Monthly Treasurer's Report for September 2006 (ADM 2006 -77) 3. Risk Management Annual Bill — approve payment in an amount not to exceed $154,021.70 and authorize Finance Director to renew contract (ADM 2006 -78) 4. Purchase New Domain Server — authorize purchase in an amount not to exceed $6,202.00 (ADM 2006 -79) 5. Resolution 2006 -99 — Approving Computer Rotation Policy — approve the policy as presented (ADM 2006 -80) 6. Resolution 2006 -100 — Approving Cellular Telephone Policy - approve the policy as presented (ADM 2006 -55) 7. Scope of Service for Grande Reserve Park A — approve agreement with Schoppe Design Associates, Inc. as presented and authorize Director of Parks and Recreation(PKBD 2009 -09) 8. Scope of Service for Grande Reserve Park B — approve agreement with Schoppe Design �^ Associates, Inc. as presented and authorize Director ofParks and Recreation(PKBD 2009 -10) 9. Appointment of Chris Funkhauser to the Zoning Board of Appeals Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Burd; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -5 Nays -0 Burd -aye, Munns -aye, Wolfer -aye, Bock -aye, Spears -aye i PLANNING COMMISSION /ZONING BOARD OF APPEAL No report. II I I The Minutes of the Regular Meeting of the Citv Council — November 14, 2006 — pale 3 MINUTES FOR APPROVAL A motion was made by Alderman Spears to approve the minutes of the Special City Council meetings of October 26, 2006; seconded by Alderman Munns. Motion approved by a viva voce vote. i A motion was made by Alderman Spears to approve the minutes of the Committee of the Whole meeting of September 19, 2006; seconded by Alderman Burd. I 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 November 1, 2006 totaling the following amounts: checks in the amount of $2,591,202.45 (vendors); $207,314.51 (payroll period ending 10/14/06); $198,895.76 (payroll period ending 10/28/06); for a total of $2,997,412.72 (total); seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -5 Nays -0 Munns -aye, Wolfer -aye, Bock -aye, Spears -aye, Burd -aye REPORTS MAYOR'S REPORT Coffee with the Mayor Mayor Prochaska reported that the next Coffee with the Mayor would be held November 18, 2006 at Nationwide Insurance, 718 N. Bridge Street from 9:00 a.m. to 11:00 p.m. Special City Council Meeting Mayor Prochaska reported that there will be a meeting on November 30, 2006 at 7:00 p.m. at Yorkville High School to discuss the landfill siting process. The meeting will be held in the large instructional room at the high school. CITY COUNCIL REPORT Ordinance 2006 -133 Amended and Restated Governing Ordinance A motion was made by Alderman Burd to approve the amended and restated Governing Ordinance as presented; seconded by Alderman Bock. Alderman Burd suggested a change to Section II, Mayor, letter A which allows the mayor to represent the City at official functions, act as a spokesperson for the City or designate anyone to fill in as a spokesperson for the City. She stated that there have been comments as to why the change was needed. She pointed out that she wrote the ordinance and included the section regarding the mayor being the spokesperson as a courtesy to the mayor. This is not in the state statute nor was it suggested to her by anyone on the committee. She stated that it is her personal opinion that this be kept to certain people and the mayor because she does not feel it is appropriate to have people possibly representing the City and making comments to the press that are not necessarily the City's position. Alderman Spears stated that Alderman Burd had a valid point and she made a motion to amend the motion; seconded by Alderman Burd. Mayor Prochaska stated that it has been previously discussed that sometimes there are experts or other people that the City employees that sit in on tech_ nical meetings. He stated that they are representing the City however according to statute no one has the power to speak for the City Council. The City Council has the power to refute any statements. I Alderman Burd stated that what motivated her suggestion were several instances recently where the City Attorney made remarks to the press regarding the City's position before the City Council had voted on certain items. She stated that people read this stuff in the newspaper and believe it is the position of the City Council. She stated that she did not want anyone speaking for the City Council and giving out the wrong impression. She stated that the "City" is all of the Council not just certain people giving their opinions on certain issues. She wants the citizens to know that there is not just one opinion but rather several and until a vote is taken the "City's" opinion is not known. The Minutes of the ReLyular Meeting of the Citv Council — November 14, 2006 — naee 4 Alderman Spears asked if there could be a compromise by adding that if there is a meeting of technical nature that the "technical" staff member could attend not as a spokesperson but as a representative of the City. Mayor Prochaska stated that he did not know if this addressed Alderman Burd's issue or if this changed anything because anyone in the room could be interviewed by the press and give an opinion regardless of this ordinance. Alderman Burd suggested removing the entire item because it has never existed before, it is not state statute and there has never been anything previously to address this. This would allow everyone to talk. Alderman Munns asked what if during the day, someone is needed to represent the City and none of the elected officials are available. Would department heads be able to represent the City? Alderman Burd stated that Alderman Munns was talking about someone representing the City and she is talking about someone giving the City's position on a particular item. Alderman Munns stated that he did not feel anyone does this until the vote. Alderman Burd stated that yes this has been done and it has been in the newspaper. Alderman Bock commented that this has been discussed at length at various meetings. He stated that he did not feel that anyone has represented the City as a spokesperson in the past and obligated the City to something that was not reversible. He stated that the City Council is trying to come up with a solution and there wasn't a problem. He suggested the City Council move on. A motion was made by Alderman Burd to amend the amending motion to delete Section II, Mayor, letter A and not give anyone any authority and allow it to be the way it was before; seconded by Alderman Spears. Motion amending the amendment to the original motion approved by a roll call vote. Ayes -3 Nays -2 Wolfer -nay, Munns -aye, Burd -aye, Spears -aye, Bock -nay Motion amending the original motion approved by a roll call vote. Ayes -3 Nays -2 Wolfer -nay, Munns -aye, Burd -aye, Spears -aye, Bock -nay Amended original motion approved by a roll call vote. Ayes -5 Nays -0 Bock -aye, Wolfer -aye, Munns -aye, Burd -aye, Spears -aye Resolution 2006 -101 Approving Freedom of Information Act, Dissemination of Information Policy A motion was made by Alderman Burd to approve a resolution approving the Freedom of Information Act (FOIA), Dissemination of Information Policy, as presented; seconded by Alderman Spears. Alderman .Burd explained that she drafted this resolution to restate items in the statute to make everyone more aware of the different items in the state statute that seemed to previously unfamiliar. The resolution includes procedures on how to handle FOIA requests to make sure there are no more infractions of the Act and it will clarify the Act for new and existing alderman how requests are handled. Mayor Prochaska commented that he did not believe that any charges of infractions have been brought against the City. He stated that this policy provides procedures for staff. Alderman Burd disagreed with Mayor Prochaska because there was a letter from the Attorney General stating that there were certain things that should not have been extracted from the information that was sent out to the Beacon News. She stated that this situation was not handled properly and this resolution will address it in the future. Alderman Spears personally thanked Alderman Burd for her work on the resolution. Motion approved by a roll call vote. Ayes -4 Nays -1 Wolfer -nay, Munns -aye, Burd -aye, Spears -aye, Bock -aye ATTORNEY'S REPORT Attorney Wyeth reported that there is a resolution regarding the petitions for a referendum on annexation. He noted that there was one small change since it was discussed at the Committee of the Whole meeting which involved a typographical error. i I I The Minutes of the Regular Meeting of the Citv Council — November 14, 2006 — page 5 Resolution 2006 -102 Regarding Petitions Submitted Requesting a Referendum on Annexations Mavor Prochaska entertained a motion to approve a resolution regarding petitions submitted requesting a referendum on annexations, as presented. So moved by Alderman Bock; seconded by Alderman Wolfer. Alderman Burd noted that the resolution states that the City cannot be forced to have a referendum and she asked if it could choose of its own volition to have a referendum. Attorney Wyeth stated that the City could however not under the section that the petitions were presented under. She asked if the City Council could consider the petitions and then decide to have a non- binding referendum. Attorney Wyeth stated that there can be a non - binding referendum for any issue. He noted that the request in the petition in under a very narrow section of the law (65 ILCS 5/7 -1 -6) and as such the resolution is written very narrowly as well. Alderman Burd noted that the properties mentioned in the petition are already annexed and she asked how the request for a non - binding referendum would interact with what has already been done. Attorney Wyeth explained that a non - binding referendum is non binding but is used to seek information the same as a survey. Alderman Burd asked if property could be de- annexed. Attorney Wyeth stated that property cannot be de- annexed based on a non - binding referendum however there is a de- annexation procedure in the code. Mayor Prochaska asked if there was any liability to the City if property is de- annexed and Attorney Wyeth stated that there would be issues. Alderman Burd asked if Attorney Wyeth's research determined if the City shouldn't take action on the petitions. Attorney Wyeth stated that his research indicated that the petitions were a nullity from the time they were given to the City and there is no place in the statutes for the City to act on them. Alderman Munns clarified that a "yes" vote for the resolution meant it would not go to referendum. Attorney Wyeth stated that the approval of the resolution by the City Council is a statement by the Council that the petitions are a nullity. Mayor Prochaska reiterated that a "yes" vote would be a vote to go no further with this issue. Alderman Bock wanted those who signed to be aware that the petitions were not stated correctly under law. He didn't want them to feel that they were ignored. Alderman Burd asked if there was such a thing as an invalid petition; can't voters asked for anything they want? Attorney Wyeth stated that anyone can petition but as to what the City has to do with them is another matter. Motion approved by a roll call vote. Ayes -3 Nays -2 Wolfer -aye, Munns -aye, Burd -nay, Spears -nay, Bock -aye CITY CLERK'S REPORT Clerk Milschewski reported that staff is directing those interested in election packets to go to the Illinois State Board of Elections website. Interested parties can download the Local Election Official Handbook which has the documents needed to file election petitions. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Watermain Breaks Director Dhuse reported that there have been four watermain breaks throughout the City. They have been random breaks due to the weather. Water Treatment Plant He also reported that the switch -over of the water treatment plant is almost complete. Well 44 is hooked up and going through its test phase. 1 CHIEF OF POLICE'S REPORT No report. III The Minutes of the Reeular Meeting of the Citv Council — November 14, 2006 — page 6 DIRECTOR OF PARKS & RECREATION'S REPORT Polar Express Program Director Mogle reported that there are quite a few holiday programs planned for the children in the community with the most popular being the Polar Express program. This program is a train ride from Aurora to Downers Grove where children visit Santa. He reported that the program was opened up for registration on Monday, November 6, 2006 and within one hour the program was filled with eighty children being signed up to participate. - OSLAD Grant He also reported that the City has received a $400,000.00 OSLAD grant for the development of the Prairie Meadows Park. This is the first time the City has been able to use land as the matching grant which has resulted in a net cost of about $42,000.00. This frees up funds that can be used on other parks. i COMMUNITY RELATIONS MANAGER'S REPORT Intern Hired Assistant City Administrator Olson reported that Mrs. Spies has hired a Community Relations Intern from North Central College. The intern will be working about fifteen hours /week. Email Addresses He also reported that Mrs. Spies sent out a memo to the City Council regarding their email address. He asked them to let her know what email they would like used on the City's website. Toy Donations Mr. Olson reported that toy donations were being accepted from November 20, 2006 to December 15, 2006 at City Hall for the Walter and Connie Payton Foundation's holiday giving program. All unwrapped toys should be placed in the box in the foyer. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT Mayor Prochaska noted that Director Miller was attending the Citizen's Advisory Committee with the School District tonight. COMMUNITY & LIAISON REPORT Prairie Parkway Mayor Prochaska reported that he attended a Prairie Parkway meeting and that there will be a set of meetings in December including one for elected officials. He stated he would have the information regarding the meeting placed in the aldermen's mailboxes. COMMITTEE REPORTS i PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT i Ordinance 2006- 134 Authorizing and Providing for Refunding Debt Certificates Series 2006A A motion was made by Alderman Spears to approve an ordinance authorizing and providing for $5,525,000.00 Refunding Debt Certificates, Series 2006A, as presented, subject to bond counsel, Chapman and Cutler, inserting details of the bond numbers, the purchase price, dates and other bond details into the blanks shown therein; seconded by Alderman Burd. Barbara. Chevalier of Speer Financial, Inc. reported to the City Council that LaSalle Financial Services Inc. has submitted a bid for the purchase of the $5,555,000.00 Refunding Debt Certificates, Series 2006A being sold by the United City of Yorkville. It was the opinion of Speer Financial that the bid is favorable and should be accepted. The sale will result in a savings of $267,932.27 to the City. i Alderman Spears noted that the dollar amount has changed from that indicated in the original motion. Ms. Chevalier explained that when there is a refunding, the amount is sometimes subject to change because it is interest rate sensitive. The Minutes of the Regular Meeting of the Citv Council — November C 2006 — page 7 A motion was made by Alderman Spears to amend the amount of the original motion to $5,555,000.00; seconded by Alderman Burd. Motion to amend approved by a roll call vote. Ayes -5 Nays -0 Wolfer -aye, Munns -aye, Burd -aye, Spears -aye, Bock -aye Amended main motion approved by a roll call vote. Ayes -5 Nays -0 Wolfer -aye, Munns -aye, Burd -aye, Spears -aye, Bock -aye I Ordinance 2006 -135 Authorizing and Providing for the Issue of $3,000,000.00 General Obligation Refunding Bonds (Alternate Revenue Source), Series 2006B A motion was made by Alderman Spears to approve an ordinance authorizing and providing for issue of $3,000,000.00 General Obligation Refunding Bond (Alternate Revenue Source), Series 2006B as presented, subject to bond counsel, Chapman and Cutler, inserting details of the bond numbers, the purchase price, dates and other bond details into the blanks shown therein; seconded by Alderman Burd. Ms. Chevalier reported to the City Council that LaSalle Financial Services Inc. has submitted a bid for the purchase of the $3,000,000.00 General Obligation Refunding Bonds (Alternate Revenue Source), Series 2006B, being sold by the United City of Yorkville. It was the opinion of Speer Financial that the bid is favorable and should be accepted. The sale will result in a savings of $98,354.39 and will reduce the City's debt margin. Main motion approved by a roll call vote. Ayes -5 Nays -0 Burd -aye, Spears -aye, Bock -aye, Wolfer -aye, Munns -aye ADDITIONAL BUSINESS Prejudged Decision Mayor Prochaska stated that it was indicated earlier in the meeting that the Council has made a prejudged decision as to what will happen along Route 71. He questioned who has ever said any decision has been made. He stated that he has never made a statement in regards to this and he was unaware of anyone on the City Council making any references to any prejudge decision to a landfill. He stated that in 2004 the City tried to look at the siting of a waste transfer station which would have eliminate the need for a landfill however Kendall County changed an ordinance which brought a landfill up to the same status as a transfer station. Because of this any negotiations for a transfer station ceased. He stated that Yorkville was not the only city in the County investigation transfer stations; there were other groups also interested in this. Mayor Prochaska stated that there has been a vision for the area along Route 71 for residential, - manufacturing and commercial, including hotels, conference centers, corporate offices, etc. He stated that this is still his vision. �He explained that Kendall County and their attorneys approached the City indicating that they were waiting for an application for a landfill. He stated that he expressed the same concerns he has heard from residents to the County and he asked if the City would have some decision making power to review the application and was told they would not; it would be the County's decision alone. He questioned the impact on residential areas and traffic. He also asked what funding would be available for the City to deal with the impact. He was told that the County was estimating that municipalities would get $.25 /ton or approximately $25,000.00 /year. Mayor Prochaska noted that the cost of one traffic signal is approximately $240,000.00. He told the County that the funding available to Yorkville was unacceptable so they recommended the City begin discussion with the developer. He stated that he believed and still believes the City Council should sit in judgment of the landfill happening. Comments from Newark Mayor Prochaska stated that there was a letter put out the residents of Newark, Illinois discussing the possible landfill. He noted that there is a comment in the letter regarding Yorkville luring.away Elm Ford from Newark that he felt was offensive to Yorkville. He stated that he has idiwussed this with L DubaJic Director of the Yorkville Economic Development Corporation, Yan J � p � who indicated that the owners of Elm Ford had approached her to discuss Yorkville and their business plans. He stated that he has never spoken with the owners and he was unaware of any staff talking with them. He took offense that the Mayor of Newark made the accusation and he suggested he spend more time looking at what it takes to keep businesses in Newark because if the owners are talking to someone outside their community they already have an issue. i I I The Minutes of the Regular Meetine of the Citv Council — November 14, 2006 — va2e 7 Election Petitions Mayor Prochaska noted that it is election time and petitions are available. He stated that if a landfill application is received on December 1, 2006, there is a question of who will ultimately decide on the landfill. He asked those interested in running for the City Council to take this into consideration. He also noted that he has not taken out any petitions. He indicated that he has pressing family issues and he has decided to work through the holidays to take care of these issues. He stated that he loves Yorkville and has put the City first many times in his life but now he needs to put his family first. Alderman Spears noted that Attorney Dirk Price was asked about the elections and the landfill at the meeting on November 13, 2006 and he explained that any new Council members will have to educate themselves quickly. Alderman Munns asked what the filing deadline was and Mayor Prochaska thought it was January 29, 2007 however he recommended that Alderman Munns check the website. He stated that the election in April 17, 2007. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Munns; seconded by Alderman Spears. Motion approved by a viva voce vote. Meeting adjourned at 8:07 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois * **Tape malfunctioned; hard to hear and lost approximately 5 minutes of the meeting. I I I i I ; I I i i CITY COUNCIL MEETING November 14, 2006 PLEASE PRINT NAME: ADDRESS: a rove / DL4 M 0� �► >n h� «�-sz� elk 1C, . kt&Vj,rN &G� ( CA&k� z 5 cj" (' C�,� „ � NeA/ Ave—. u ` f ly , " rcaCws l.�c� � CAn - �l- I��II� r COT's 42 I /✓GL �Ci 2 B� (�N'/j� cr N ����� r V .a�j 1 ,5 �► DU �� J f W , �AS�inqq�or� ,�2gl�G�1Z e 1�F SIGNIN CITY COUNCIL MEETING November 14, 2006 PLEASE PRINT NAME: ADDRESS: 133 7 /t 6 tite 0, ndq (a n e— 'I ✓ U R OACLIA L -0./) rl 4 2-WbLl(-) d 9-,f 'c6-RD. �415Q, ZL G os �� �� �s � �f� � C4. Ru a e S 4k _ G, SIGNIN