City Council Packet 2007 10-09-07 2,�tio C'r® United City of Yorkville
800 Game Farm Road
EST 1336 Yorkville, Illinois 60560
o Telephone: 630-553-4350
9 U„ '�0 Fax: 630-553-7575
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AGENDA
CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
Immediately Following Committee of the Whole
Tuesday, October 9, 2007
Call to Order:
Pledge of Allegiance:
Roll Call by Clerk: WARD I WARD II WARD III WARD IV
Jason Leslie Gary Golinski Marty Munns Joe Besco
Wally Werderich Arden Joe Plocher Robyn Sutcliff Rose Ann Spears
Establishment of Quorum:
Introduction of Guests:
Amendments to Agenda:
Committee Meeting Dates:
Public Works Committee Meeting:
7:00 p.m., November 6, 2007
City Hall Conference Room
Economic Development Committee:
7:00 p.m., October 16, 2007
City Hall Council Chambers
Administration Committee Meetin¢:
7:00 p.m., November 6, 2007
City Hall Council Chambers
Public Safety Committee Meetin¢:
6:00 p.m., October 16, 2007
City Hall Conference Room
City Council Meeting Agenda
October 9, 2007
Page 2
Presentations: None
--------------------------- -------------------------------------------------------------------------------------------------------------------- -----------------------------------------------------------------------
Public Bearings:
1 . Charles and Jacquelyn Briguglio, petitioners, have filed an application with the United City of
Yorkville, Kendall County, Illinois, requesting annexation to the United City of Yorkville and rezoning
from Kendall County R-3 One Family Residence District to United City of Yorkville R- 1 One Family
Residence District. The real property consists of approximately 1 . 1 acres, located at 10940 River Road,
Kendall County, Illinois.
2. B & P Properties, Inc., an Illinois Corporation, petitioner, has filed an application with the United City
of Yorkville, Kendall County, Illinois, requesting rezoning from United City of Yorkville M-1 Limited
Manufacturing District to United City of Yorkville PUD Planned Unit Development to allow for uses
permitted in the R-3 General Residence District. The real property consists of approximately 14.325
acres, located at south of Corneils Road and west of Caledonia Drive and the Caledonia subdivision,
Yorkville, Illinois.
Citizen Comments:
Consent Agenda:
1 . PW 2007-145 Rob Roy Creek Interceptor (North Branch 1 ) — Change Order #3 - authorize increase in an
amount not to exceed $1984. 36 and Mayor to execute
2. PW 2007- 146 116-118 Washington Street — Plat of Easement - authorize Mayor and City Clerk to execute
3 . PW 2007- 148 Bid Opening Results for Vehicles and Equipment - approve bids as presented
4. PW 2007- 150 IDOT Highway Permit #1 and Resolution — Fountainview - authorize Mayor and City Clerk
to execute, subject to IDOT approval
5. ADM 2007-80 Monthly Treasurer's Report for August 2007
6. ADM 2007-77 Ordinance Amending City Code Regarding Mechanical Amusement Device Licenses -
authorize Mayor and City Clerk to execute
7. PW 2007-121 Ordinance Amending City Code Regarding Dutch Elm Disease — authorize Mayor and City
Clerk to execute
Plan Commission / Zoning Board of Appeals:
Minutes for Approval (Corrections and Additions):
Minutes of City Council — September 11 , 2007
Minutes of Committee of the Whole — September 11 , 2007
Bill payments for approval from the current Bill List (Corrections and Additions):
Checks total these amounts:
$ 819, 177.05 (vendors)
$ 249,528.62 (payroll period ending 9/29/07)
$ 1 ,068,705.67 (total)
City Council Meeting Agenda
October 9, 2007
Page 3
Reports:
Mayor's Report:
1 . COW 2007-31 Request for Sponsorship for the Yorkville Big Band
2. COW 2007-32 Ordinance Annexing Welles Property
3 . COW 2007-33 Ordinance Annexing Pobol Property
4. COW 2007-34 Ordinance Vacating Sleepy Hollow Road
5. COW 2007-35 Proposed Montgomery Boundary Agreement Discussion
City Council Report:
City Attorney's port:
City Clerk's Report:
City Treasurer' s Report:
City Administrator's Report:
Finance Director's Report:
Director of Public Works Repo
Chief of Police Report:
Director of Parks & Recreation Report:
Community Development Director Report:
Community Relations Officer:
Community & Liaison Report:
Committee Reports:
Public Works Committee Report:
1 . PW 2007- 152 hi-Town Road Program — Fox Street Storm Sewer
Economic Development Committee Report:
1 . No Report.
Public Safety Committee Report:
1 . No Report.
Administration Committee Report:
1 . COW 2007- 19 Ordinance Amending Governing Ordinance 2007-53 Regarding Committee Liaisons
City Council Meeting Agenda
October 9, 2007
Page 4
Additional Business:
Executive Session:
1 . For the purchase or lease of real property for the use of the public body.
2. For litigation, when an action against, affecting or on behalf of the particular public body has been filed
and is pending before a court or administrative tribunal, or when the public body finds that an action is
probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes
of the closed meeting.
Adjournment:
COMMITTEES, MEMBERS AND RESPONSIBILITIES
;PUBLIC WORKS;
Committee Departments Liaisons
Chairman: Alderman Besco Water and Sewer Park Board
Vice-Chairman: Alderman Plocher Streets and Alleys YBSD
Committee: Alderman Leslie Sanitation and Waste
Committee: Alderwoman Sutcliff
-------------------- --
ECONOMIC DEVELOPMENT;
____----------=---------------------------------------------------------------------- -- _ -----------------------------------------
Committee Departments Liaisons
Chairman: Alderman Leslie Planning & Building & Zoning Chamber of Commerce
Vice-Chairman: Alderman Golinski Business & Economic Dev. Kendall County Econ. Dev.
Committee: Alderman Munns Plan Commission
Committee: Alderman Besco Bristol Plan Commission
Yorkville Econ. Dev. Corp.
Aurora Area Convention &
Tourism Council
Downtown Re-development
;PUBLIC SAFETY,
- - ---------------- -ent - -
Committee Departments Liaisons
Chairman: Alderwoman Spears Police Human Resource Comm.
Vice-Chairman: Alderwoman Sutcliff Schools School District
Committee: Alderman Werderich Public Relations KenCom
Committee: Alderman Plocher
- .
1DMINISTRATI01
Committee Departments Liaisons
Chairman: Alderman Munns Finance Metra
Vice-Chairman: Alderman Werderich Public Properties Library
Committee: Alderwoman Spears Personnel Cable Consortium
Committee: Alderman Golinski
UNITED CITY OF YORKVILLE
WORKSHEET
CITY COUNCIL
Tuesday, October 9, 2007
Immediately following Committee of the Whole
CITY COUNCIL CHAMBERS
---------------------------------------------------------------------------------------------------------------------------------------
AMENDMENTS TO AGENDA:
---------------------------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------------------------------
PUBLIC HEARINGS:
..........---...........--...................------------------.........
---------------------------------------------------------------
1 . Briguglio
2. B & P Properties, Inc.
---------------------------------------------------------------------------------------------------------------------------------------
CITIZEN COMMENTS:
---------------------------------------------------------------------------------------------------------------------------------------
CONSENT AGENDA:
---------------------------------------------------------------------------------------------------------------------------------------
1 . PW 2007-145 Rob Roy Creek Interceptor (North Branch 1) — Change Order #3
❑ Approved ❑ Subject to
❑ Removed
❑ Notes
----------------------------------------------------......-----------------------------------------------------------------------------
2. PW 2007-146 116- 118 Washington Street — Plat of Easement
❑ Approved ❑ Subject to
❑ Removed
❑ Notes
------------------------------------------------ ------------------------------------------------------------------------------------
3 . PW 2007-148 Bid Opening Results for Vehicles and Equipment
❑ Approved ❑ Subject to
❑ Removed
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
4. PW 2007-150 IDOT Highway Permit #1 and Resolution — Fountainview
❑ Approved ❑ Subject to
❑ Removed
❑ Notes
----------- --------------------------------------------------------------------------------
5. ADM 2007-80 Monthly Treasurer' s Report for August 2007
❑ Approved ❑ Subject to
❑ Removed
❑ Notes
-------------- ----------------------- ----------------------------------------------------------------------------- -----------------
6. ADM 2007-77 Ordinance Amending City Code Regarding Mechanical Amusement Device Licenses
❑ Approved ❑ Subject to
❑ Removed
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
7. PW 2007-121 Ordinance Amending City Code Regarding Dutch Elm Disease
❑ Approved ❑ Subject to
❑ Removed
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
MINUTES FOR APPROVAL/CORRECTION:
---------------------------------------------------------------------------------------------------------------------------------------
1 . City Council — September 11 , 2007
❑ Approved
❑ As presented
❑ With corrections
2. Committee of Whole — September 11 , 2007
❑ Approved
❑ As presented
❑ With corrections
---------------------------------------------------------------------------------------------------------------------------------------
BILL LIST:
---------------------------------------------------------------------------------------------------------------------------------------
❑ Approved
❑ As presented
❑ As amended
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
MAYOR'S REPORT:
---------------------------------------------------------------------------------------------------------------------------------------
I . COW 2007-31 Request for Sponsorship for the Yorkville Big Band
❑ Approved ❑ Subject to
❑ Removed
❑ Bring back to Committee/future meeting
❑ Informational Item
❑ Notes
-------------------------------------------------------------------------------------------------------------..................
--------
2. COW 2007-32 Ordinance Annexing Welles Property
❑ Approved ❑ Subject to
❑ Removed
❑ Bring back to Committee/future meeting
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
3. COW 2007-33 Ordinance Annexing Pobol Property
❑ Approved ❑ Subject to
❑ Removed
❑ Bring back to Committee/future meeting
❑ Informational Item
❑ Notes
-------------------------------------- --------------------------------------------------------------------------------------------
4. COW 2007-34 Ordinance Vacating Sleepy Hollow Road
❑ Approved ❑ Subject to
❑ Removed
❑ Bring back to Committee/future meeting
❑ Informational Item
❑ Notes
---------------------- ------------------- ---------------- ---------------------- - ---------------------------------
5. COW 2007-35 Proposed Montgomery Boundary Agreement Discussion
❑ Approved ❑ Subject to
❑ Removed
❑ Bring back to Committee/future meeting
❑ Informational Item
❑ Notes
----------------------------------------------------------------- ---------------------------------------------------------------------
PUBLIC WORKS COMMITTEE:
---------------------------------------------------------------------------------------------------------------------------------------
1 . PW 2007- 152 In-Town Road Program — Fox Street Storm Sewer
❑ Approved ❑ Subject to
❑ Removed
❑ Bring back to Committee/future meeting
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
ADMINISTRATION COMMITTEE:
---------------------------------------------------------------------------------------------------------------------------------------
1 . COW 2007- 19 Amended and Restated Governing Ordinance Regarding Committee Liaisons
❑ Approved ❑ Subject to
❑ Removed
❑ Bring back to Committee/future meeting
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
ADDITIONAL BUSINESS:
---------------------------------------------------------------------------------------------------------------------------------------
Cl
Revised September 7, 2007
STATE OF ILLINOIS )
COUNTY OF KENDALL )
ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE
CHARLES BRIGUGLIO AND JACQUELYN BRIGUGLIO
THIS AGREEMENT is made and entered into this day of , 2007
by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal
corporation, located in Kendall County, Illinois (hereinafter referred to as "CITY"), and
CHARLES BRIGUGLIO AND JACQUELYN BRIGUGLIO (hereinafter referred to as
"OWNERS/DEVELOPERS") of the County of Kendall, State of Illinois.
WITNESSETH
WHEREAS, OWNERS/DEVELOPERS are the owners of real property which is the
subject matter of said Agreement comprising approximately 1 . 1 acres, more or less, and is more
particularly described in the attached Exhibit "A", which is incorporated herein by reference; and
WHEREAS, the SUBJECT REAL PROPERTY is located contiguous to the corporate
boundaries of the CITY; and is not located within the corporate boundaries of any other
municipality; nor is any portion thereof classified as flood plain; and
WHEREAS, OWNERS/DEVELOPERS desire to annex the said real property described
into the CITY, its Plan Commission has considered the Petition to Annex, and the CITY Council
1
has heretofore both requested and approved the proposed land use and the zoning of the same at
the request of OWNERS/DEVELOPERS and the CITY; and
WHEREAS, OWNERS/DEVELOPERS have presented, and the CITY has considered,
the tract, of REAL PROPERTY herein described in the attached Exhibit "A" as R-1 One Family
Residence District in order to make said real property a desirable addition to the CITY; and
WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions
upon which the REAL PROPERTY heretofore described will be annexed to the CITY in an
orderly manner, and
WHEREAS, OWNERS/DEVELOPERS and their representatives have discussed the
proposed annexation and have held Public Hearings with the Plan Commission and the CITY
Council, and prior to the execution hereof, notice was duly published and a public hearing was
held to consider this Agreement, as required by the statutes of the State of Illinois in such case
made and provided.
WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65
ILCS 5/11 - 15. 1 -1 through 51 . 1 -5, inclusive, relating to Annexation Agreements, the parties
hereto wish to enter into a binding agreement with respect to the future annexation and zoning of
the subject Property and to provide for various other matters related directly or indirectly to the
annexation, zoning, and development of the SUBJECT PROPERTY in the future, as authorized
by, the provisions of said statutes; and
WHEREAS, pursuant to due notice and publication in the manner provided by law, the
appropriate zoning authorities of the CITY have and such public hearing and have taken all
further action required by the provisions of 65 ILCS 5/11 -15. 1 .3 and the ordinances of the CITY
2
relating to the procedure for the authorization, approval and execution of this Annexation
agreement by the CITY.
NOW THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5/11 -
15. 1 - 1 through 65 ILCS 5111 - 15. 1 -5, as amended, as follows:
1 . A. ANNEXATION AND ZONING. The CITY shall adopt an ordinance
annexing to the CITY all of the REAL PROPERTY described herein in the attached Exhibit "A";
and the CITY in said ordinance shall zone the real property designated in the attached Exhibit
"A" subject to the fin-ther terms of this Agreement as R-1 One Family Residence District.
The CITY by approve of this Agreement hereby amends its Comprehensive Plan
as to the subject property to show the same as a R-I One Family Residence District Use on the
Comprehensive Plan and on the City Zoning Map for the subject parcel described in the attached
Exhibit "A".
Said zoning shall allow the uses, size, density, area, coverage, and maximum
building heights as set forth on for the R-1 One Family Residence District. Said REAL
PROPERTY shall be used and developed in accordance with 65 ILCS 5/11 - 15. 1 -1 through 65
ILLS 5111 - 15. 1 -5, and in accordance with the CITY Subdivision Control and Zoning Ordinances
and specifically subject to the following conditions:
(i) That the SUBJECT PROPERTY described in the attached Exhibit "A" shall be
annexed to the United CITY of Yorkville by separate Ordinance, in compliance
with Illinois Compiled Statutes and shall be zoned R- 1 One Family Residence
District Zoning.
-3-
(iii) OWNERS/DEVELOPERS and the CITY agree that OWNERS/DEVELOPERS
shall be permitted to conduct the uses on the subject property that are excerpted
from the United CITY of Yorkville Zoning Classification for R-1 One Family
Residence District, as they exist at the time of execution of this Agreement and
any similar permitted uses within those Districts that the CITY may create in the
future; although OWNERS/DEVLOPERS agree that they shall not be permitted to
conduct on site any permitted uses which have been omitted from the current
United CITY of Yorkville Zoning Ordinances as are in effect as of the date of the
approval of this Agreement by the United CITY of Yorkville.
(iv) That in all other respects, the subject development shall be in conformance with
the terms and conditions of the Yorkville Zoning Ordinance, Subdivision Control
Ordinance, and all other applicable Ordinances.
2. CITY'S AGREEMENTS.
OWNERS/DEVELOPERS have developed the subject parcel with septic system
and private well.
(A) OWNERS/DEVELOPERS further agree to grant and easement to the
United City of Yorkville for purposes of extending a water main and if necessary to service the
subject or adjoining properties, to install at CITY expense a Booster/Pressure Reducing Station
on the property of OWNERS/DEVELOPERS within Sixty (60) days of a written request of the
CITY to execute said easement, so long as the CITY provides a Plat of Easement and Legal
description of the same. Said easement shall be located in an area of the subject real property so
as not to interfere with the orderly development and use of the property by OWNER or its
-4-
assigns. The cost of said easement including documents, legal review, and recording would be at
CITY expense.
(B) OWNERS/DEVELOPERS further agree to grant an easement to the
United City of Yorkville for purposes of extending a sanitary-sewer main adjacent to River Road,
and if necessary to service the subject or adjoining properties, to install at CITY expense a
sanitary-sewer main on the property of OWNERS/DEVELOPERS within Sixty (60) days of a
written request of the CITY to execute said easement, so long as the CITY provides a Plat of
Easement and Legal description of the same. Said easement shall be located in an area of the
subject real property so as not to interfere with the orderly development and use of the property
by OWNERS or their assigns. The cost of said easement including documents, legal review, and
recording would be at CITY expense.
(C) Grant and easement to the United City of Yorkville for the extension of a
storm water easement from River Road within ten feet ( 10') of the property line of
OWNERS/DEVELOPERS to the Fox River for storm water outlet purposes. In the event CITY
requests such an easement in writing, the CITY shall prepare a Plat of Easement and legal
description for approval by OWNERS/DEVELOPERS. The CITY may in addition request a
temporary work easement of a larger area not to exceed twenty (20) additional feet to extend said
storm sewer line. In the event the CITY does choose to install a storm sewer line, it shall allow
OWNERS/DEVELOPERS' home and improvements to be connected thereon at no cost, and the
CITY shall repair and restore any trees disturbed or landscaping with an approved Landscape
Plan by the City Council so as not to in any fashion diminish the value of said residence.
-5-
D. Upon annexation, the Owner will receive police protection, 911 Service,
and all services as provided by CITY to its property owners and residents.
3 . RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is
specifically understood and agreed that OWNERS/DEVELOPERS and their successors and
assigns shall have the right to sell transfer, mortgage and assign all or any part of the SUBJECT
PROPERTY and the improvements thereon to other persons, trusts, partnerships, firms, or
corporations, for investment, building, financing, developing and all such purposes, and that said
persons, trusts, partnerships, firms, or corporations shall be entitled to the same rights and
privileges and shall have the same obligations as OWNERS/DEVELOPERS under this
Agreement and upon such transfer, the obligations pertaining to the property transferred or sold
shall be the sole obligations of the transferee, except for any performance bonds or guaranties
posted by OWNERS/DEVELOPERS on any subdivided or unimproved property for which an
acceptable substitute performance bond or letter of credit has not been submitted to the CITY.
4. TIME OF THE ESSENCE. It is understood and agreed by the parties hereto that
time is of the essence of this Agreement and that all of the parties will make every reasonable
effort, including the calling of special meetings, to expedite the subject matter hereof It is further
understood and agreed by the parties that the successful consummation of this Agreement
requires their continued cooperation.
5. COVENANTS AND AGREEMENTS. The covenants and agreements contained
in this Agreement shall be deemed to be covenants running with the land during the term of this
Agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of
the parties hereto, including the CITY, its corporate authorities and their successors in office, and
-6-
is enforceable by order of the court pursuant to its provisions and the applicable statutes of the
State of Illinois.
6. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding
upon and inure to the benefit of the parties hereto, and their successors and owners of record of
land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal
authorities of said CITY, so long as development is commenced within a period of twenty years
from the date of execution of this Agreement by the CITY.
7. NOTICE. Any notices required hereunder shall be in writing and shall be served
upon any other party in writing and shall be delivered personally or sent by registered or certified
mail, return receipt requested, postage prepaid, addressed as follows:
If to the CITY: CITY Clerk
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
With a copy to: Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
To OWNERS: Charles & Jacquelyn Briguglio
10940 River Road
Plano, IL 60545
With a copy to: Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
or to such other addresses as any party way from time to time designate in a
written notice to the other parties.
-7-
8. ENFORCEABILITY. This Agreement shall be enforceable in any court of
competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to
secure the performance of the covenants herein contained.
hi the event any portion of said agreement becomes unenforceable due to any
change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this
Agreement shall be excised here from and the remaining portions thereof shall remain in full
force and effect.
9. ENACTMENT OF ORDINANCES. The CITY agrees to adopt any ordinances
which are required to give legal effect to the matters contained in this Agreement or to correct
any technical defects which may arise after the execution of this Agreement.
IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this
_ day of , 2007.
UNITED CITY OF YORKVILLE
By:
Valerie Burd, Mayor
Attest:
CITY Clerk
OWNERS/DEVELOPERS :
By:
Attest:
Prepared by and Return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553 .9500
-8-
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Agenda Item Number
CA#1
Tracking Number
PW 2007-145
This page serves as a placeholder for the draft document
Rob Roy Creek Interceptor (North Branch 1) —
Chanize Order #3,
which was included in the October 9, 2007 COW packet.
Please contact the Clerk's office at 630-553-4350 during
normal business hours if you would like to view the
document, or please use the City website to download the
above listed packet. Packets on the website are kept in
their entirety for a minimum of one month
on the "Agendas" page,
http://www.yorkville.il.us/gov mtgs agendas.cfm
and indefinitely on the "Minutes" page,
http://www.yorkville.il.us/ o�gs minutes.cfm
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Agenda Item Number
CA#2
Tracking Number
PW 2007-146
This page serves as a placeholder for the draft document
116-118 Washineton Street — Plat of Easement,
which was included in the October 9, 2007 COW packet.
Please contact the Clerk's office at 630-553-4350 during
normal business hours if you would like to view the
document, or please use the City website to download the
above listed packet. Packets on the website are kept in
their entirety for a minimum of one month
on the "Agendas" page,
http://www.yorkville.il.us/ og v mtgs agendas.cfm
and indefinitely on the "Minutes" page,
http://www.yorkville.il.us/gov mtgs minutes.cfm
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Agenda Item Number
CA#3
Tracking Number
PW 2007-148
This page serves as a placeholder for the draft document
Bid Opening Results for Vehicles & Equipment,
which was included in the October 9, 2007 COW packet.
Please contact the Clerk's office at 630-553-4350 during
normal business hours if you would like to view the
document, or please use the City website to download the
above listed packet. Packets on the website are kept in
their entirety for a minimum of one month
on the "Agendas" page,
hqp://www.yorkville.il.us/gov mtgs agendas.cfm
and indefinitely on the "Minutes" page,
http://www.yorkville.il.us/gov mtgs minutes.cfm
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Agenda Item Number
CA#4
Tracking Number
PW 2007-150
This page serves as a placeholder for the draft document
IDOT Hi,ahway Permit #1 & Resolution — Fountainview,
which was included in the October 9, 2007 COW packet.
Please contact the Clerk's office at 630-553-4350 during
normal business hours if you would like to view the
document, or please use the City website to download the
above listed packet. Packets on the website are kept in
their entirety for a minimum of one month
on the "Agendas" page,
http://www.yorkville.il.us/ og v mt sgagendas.cfm
and indefinitely on the "Minutes" page,
http://www.yorkville.il.us/gov mtgs minutes.cfm
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Agenda Item Number
CA#5
Tracking Number
ADM 2007-80
This page serves as a placeholder for the draft document
Monthly Treasurer's Report for Aujzust 2007,
which was included in the October 9, 2007 COW packet.
Please contact the Clerk's office at 630-553-4350 during
normal business hours if you would like to view the
document, or please use the City website to download the
above listed packet. Packets on the website are kept in
their entirety for a minimum of one month
on the "Agendas" page,
http://www.yorkville.il.us/gov mt ssaagendas.cfm
and indefinitely on the "Minutes" page,
http://www.yorkville.il.us/ og v mtgs minutes.cfm
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Agenda Item Number
CA#6
Tracking Number
ADM 2007-77
This page serves as a placeholder for the draft document
Ordinance Amending City Code Regarding Mechanical
Amusement Device Licences,
which was included in the October 9, 2007 COW packet.
Please contact the Clerk's office at 630-553-4350 during
normal business hours if you would like to view the
document, or please use the City website to download the
above listed packet. Packets on the website are kept in
their entirety for a minimum of one month
on the "Agendas" page,
http://www.yorkville.il.us/ og v mtgs agendas.cfm
and indefinitely on the "Minutes" page,
http://www.yorkville.il.us/ og v mtgs minutes.cfm
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Agenda Item Number
CA#7
Tracking Number
PW 2007-121
This page serves as a placeholder for the draft document
Ordinance Amending City Code Regarding
Dutch Elm Disease
which was included in the October 9, 2007 COW packet.
Please contact the Clerk's office at 630-553-4350 during
normal business hours if you would like to view the
document, or please use the City website to download the
above listed packet. Packets on the website are kept in
their entirety for a minimum of one month
on the "Agendas" page,
http://www.yorkville.ii.us/ og v mtgs agendas.cfm
and indefinitely on the "Minutes" page,
http://www.yorkville.il.us/ og v mtgs minutes.cfm
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MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE UNITED CITY OF YORKVILLE KENDALL COUNTYs ILLIN IS
HELD IN THE CITY COUNCIL CHAMBERS DRAFT
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 Golinski Present
Plocher Present
Ward III Morris Present
Sutcliff Present
Ward N 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.
COA=TEE 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 City Council — September 11, 2007 — page 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
I. 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 if not 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 if not renewed by November 2, 2007 (PW 2007-128)
5. Grande Reserve Unit 13 — Site Inspection Letter of Credit Reduction #1 — 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 #1 - 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 of credit if not renewed by September 28,2007 (PW 2007-131)
8. In-Town Road Program (Phase 2 Utilities) — Change Order #3 — approve an increase in an
amount not to exceed$10, 779.31 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 #I — 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 of outdated IT equipment, as
presented (ADM 2007-75)
17. Resolution 2007-50 - Approving the Release of Executive Session Minutes — as 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, Mums-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 Mums to approve the minutes of the City Council meeting of August
14, 2007; seconded by Alderman Spears.
Motion approved by a viva voce vote.
A motion was made by Alderman Morris 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 City Council — September 11, 2007 — page 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, Golinski-aye, Leslie-aye
REPORTS
MAYOR'S REPORT
Ad Hoc Environmental Committee
(CC 2007-13)
Mayor Bard 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 bead 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 Bard 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'SREPORT
No report.
CITY ADMINISTATOWS REPORT
City Administrator McLaughlin thanked everyone for the warm welcome.
FINANCE DIRECTOR'S REPORT
No report.
DMECTOR 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 City Council — September 11, 2007 — page 4
o On September 29, 2007 the Optimist Club would be holding an Oktoberfest at the Riverfront
Park.
o School is back in session — be asked everyone 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.
o Two new officers will be swom 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 Bard 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 Mums 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 tunes it was question whether the mayor and Alderman Plocher 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 Bard 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 Regular Meetine of the City Council — September 11, 2007 — page 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 terns 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 Mums 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 hived Kramer.
Alderman Morris 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 -I
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 be 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 Mums; seconded by Alderman -
Besco.
Motion approved by a viva voce vote.
Meeting adjourned at 11:57 P.M.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville, Illinois
Page 1 of 15
COOMMITCT'EE OF THE R HOLE DRAFT
CITY COUNCIL CHAMBER
September 11, 2007
7:05 P.M.
ELECTED OFFICIALS PRESENT:
Mayor Valerie Burd Alderman Rose Spears
Alderman Joe Besco Alderman Robin Sutcliff
Alderman Gary Golinski Alderman Wally Werderich
Alderman Jason Leslie City Treasurer Bill Powell
Alderman Marty Munns City Clerk Jackie Milschewski
Alderman Arden Plocher
CITY STAFF PRESENT:
City Administrator McLaughlin Park & Recreation Director Mogle
Assistant City Administrator Olson Community Development Director Miller
Interim City Attorney Roth Public Relations Officer Spies
Finance Director Mika City Engineer Wywrot
Police Chief Martin Human Resource manager Kasper
Police Lieutenant Hart Code Official Williams
GUESTS:
See attached list.
PRESENTATIONS
None.
DETAILED BOARD REPORT — BILL LIST
Alderman Besco asked that the bill on page 6 of the report for the law Offices of Daniel Kramer
be removed from the Bill List and be put under the Administration Committee Report for further
discussion. Attorney Roth indicated that bills need to be paid in a particular time frame according
to state statute. Mayor Burd stated that this matter has been discussed at length in Executive
Session and late fees are accumulating. Alderman Golinski agreed with Alderman Besco and it
was the consensus of the Council to remove the bill from the list for further discussion.
Alderman Spears questioned the following items on the bill list:
• Page 7 — Dominion Retail, Inc. in the amount of $530.36 — for NICOR gas. Director
Mika explained a billing problem with Dominion which created this separate billing item.
• Page 9 - Engineering Enterprises, Inc. in the amount of $3,118.80 — for Streets — Grande
Reserve. Director Mika was not sure what this was for and stated that she would have to
research it further.
• Page 15 — Image Plus in the amount of $658.90 for Toppers Shoulder Sport. Mr. Olson
stated that he did not know what this was for but that it came out of the Community
Event Budget. He stated that he would research if further.
There were no further comments or questions.
The Bill List was moved on to the September 11 , 2007 City Council agenda.
Page 2 of 15
ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA
1. ADM 2007-70 Monthly Treasurer's Report for July 2007
2. ADM 2007-76 Assist First Time Home Buyer Down Payment Assistance Program
3. PW 2007-127 Grande Reserve Unit 12 — Site Development Letter of Credit Expiration
4. PW 2007-128 Grande Reserve Unit 13 — Site Development Letter of Credit Expiration
S. PW 2007-129 Grande Reserve Unit 13 — Site Inspection Letter of Credit Reduction #1
6. PW 2007-130 Grande Reserve Unit 14 — Site Inspection Letter of Credit Reduction #1
7. PW 2007-131 Raintree Village Unit 5 - Site Development Letter of Credit Expiration
8. PW 2007-132 In-Town Road Program (Phase 2 Utilities) — Change Order #3
9. PW 2007-135 River Road Plat of Dedication
10. PW 2007-138 Prairie Gardens Subdivision — Subordination of Surface Rights
11. PW 2007-139Yorkville Middle School — Subordination of Surface Rights
12. PW 2007-140 Bristol Bay Units 1-7 —Landscape Bond Reduction #1
There were not comments or questions. These items were put on the September 1 , 2007 City
Council Consent Agenda.
MAYOR
1, COW 2007-20 Draft Vision Statement
Mayor Burd reported that Larry Maholland with Sikich LLP started this project a year ago. She
turned the floor over to Mr. Maholland who explained that the vision statement is a word picture
of the city's future; a starting point for developing a strategic plan. He explained that meetings
were held with the City Council, and various other groups (business, senior and youth groups).
The reoccurring themes were keeping a small town feel, the development of Route 47 and the
Prairie Parkway, accenting the downtown and river as assets and Parks and Recreation. He
opened the floor for questions.
Alderman Spears asked if the information gathered was typical. Mr. Maholland explained that
some of it was however there were certain issues unique to Yorkville such as the community's
pride in the environment and unique features of the community.
Alderman Sutcliff asked how the vision statement could be used. Mr. Maholland explained that
the statement could be broken into five or six themes and from this objectives could be
established to accomplish the themes. He suggested that an action plan be developed and that the
city keep soliciting community input. Alderman Sutcliff asked if a mission statement could be
developed from this and Mr. Maholland explained that a mission statement is a short statement
whereas this is more complex.
Mayor Burd commented that this is a valuable tool to use while the city moves forward. She
noted that there will be a goal setting session for the City Council in October where they will
develop ways s to implement the goals in order to see where the city stands a year from now.
2. COW 2007-21 Hamman Land Application System Property Discussion
Gary Williams, Assistant Code Official, explained the procedure used to respond to complaints
received about the Hammon property. The time, date, wind direction, temperature, etc. are
documented by the code officials. Mr. Williams explained that Mr. Hammon has been cited with
Page 3 of 15
a nuisance order for the smell emanating from his property. He is currently working with the city
attorney on the violation.
Alderman Besco asked for clarification as to the item being discussed per the item listed on the
agenda. Assistant City Administrator Olson clarified that there was an error on the agenda and it
should read "Land Application System". Nothing is being applied for.
Alderman Spears questioned the amount of complaints received. Mr. Williams stated that lately
there have been quite a few especially since it has been rainy; there are fewer complaints when
the weather is dry. Alderman Spears asked who is paying for the inspections and Mr. Williams
stated that city's code officials, ICCI, is not charging extra for the inspections as they consider
them property maintenance complaints. Alderman Spears question if the property owner could
pay for the inspections. Attorney Roth stated that if the property owner is found in violation,
fines of $500.00/day/violation can be applied. He explained that the current citation will be in
court on October 5, 2007.
Alderman Besco question the "Right to Farm" clause as the property is still zoned agricultural
and he asked if the owner had been notified of the violation. Attorney Roth stated he would not
comment on the operation other than to say it was found in violation and that a defense for the
right to farm is possible. He also noted that the owner was notified of the violation.
Alderman Werderich asked for more information on the inspections. Mr. Williams explained that
inspectors routinely inspect the property three times a week. Additionally, an inspector is sent
out whenever a complaint is received. He also noted that there is no gauge to measure odor. He
further explained the decomposition process and the court order previously issued by Kendall
County. He stated that if a violation is found, a ticket is issued.
Alderman Spears explained that the City Council requested inspections due to the amount of
complaints being received and that this is not an effort to harass the property owner. Mr.
Williams explained that early complaints were about plastic bags blowing around from the
property. Mr. Hammon was cited for this violation and now he has a crew who walks the
property cleaning up the debris. He noted that due to this and crops being planted around the
operation, the debris complaints have been less.
Alderman Golinski commented that the inspectors do not need a "smell meter"; go out to the area
and the smell is awful. Mr. Williams explained that there was a stack of debris because Mr.
Hammon's equipment had broken down and that he was issued tickets for odor at that time.
Alderman Sutcliff asked if the citations were the only avenue to remedy the situation. Attorney
Roth commented that the city has incurred much expense due to the operation however it felt that
the inspection process was fair. He also noted that other agencies such as the IEPA and Kendall
County are involved and that the city is taking further action by going to court.
County resident Diane Pobol was present with a power point presentation of problems with the
Hamman operation however she needed to set up the presentation. Alderman Besco commented
that many of the Council have been out to the site and were aware of the problems. He noted that
Mrs. Pobol's presentation was not an agenda item. Alderman Golinski suggested that this be
discussed now and not during the City Council meeting. He also noted that Mr. Hammon was
present and invited him to address the Council so that the Council could hear both sides of the
matter.
Page 4 of 15
While Mrs. Pobol prepared her presentation, the City Council continued with agenda items.
CITY CLERK
I. COW 2007-22 Resolution Approving the Release of Executive Session Minutes
Clerk Milschewski reported that the City Council has requested that a set of executive session
minutes concerning the bill from the law office of Daniel Kramer be opened to the public. A
resolution is required to do so.
There were no comments or questions. This item was moved on to the September 11 , 2007 City
Council agenda.
COW 2007-21 Hamman Land Application System Property Discussion continued
Diane Pobol, 9225 Lisbon Road, thanked the Council and attempted to give a presentation
regarding Mr. Hammon's yard waste operation however her PowerPoint presentation would not
work. She cited problems such as the smell, flies, dust and garbage produced by the operation.
She felt that Mr. Hammon is in violation of several things including the 1994 court order. She
explained the anaerobic condition which causes odors and stated that the plastic found on the
property should be removed before the yard waste is applied to the land. She stated that the city
can use the court order to enforce compliance. She asked the city to initiate a public nuisance suit
against Mr. Hammon and seek an injunction to cease the operation.
Mayor Burd asked Mrs. Pobol to print her PowerPoint presentation so that the City Council could
discuss it at a later date. Mrs. Pobol agreed and added that she would also give the Council
copies of thirty-three letters she has received from area residents and businesses regarding the
problem.
Aldermen Spears and Plocher invited Mr. Hammon to speak but he declined.
PARK BOARD
1. PKBD2007-20 Riemenschneider (Prairie Meadows) Park Construction Bid Results
Director Mogle reported that four bids were received with L.J. Dodd being the lowest bidder at
$268,237.60. He asked the Council to accept the bid for all except the landscaping which will be
addressed by staff.
Alderman Golinski asked what the park's theme was and Director Mogle explained that it will
have a fireman theme. He explained that the Bristol-Kendall Fire District has partnered with the
Parks Department and has donated a memorial stone to place in the park. The park itself is
named after a fire-fighting family that has had nine members serve the Bristol-Kendall Fire
District for more than sixty years.
Alderman Spears asked what the schedule was for when parks will be completed. Director Mogle
explained that there are five parks pending; three are developer builds and two are being built
with OSLAD grant funds. The OSLAD parks have a deadline for build out. Alderman Spears
asked specifically about the Pulte/Autumn Creek Park and Director Mogle explained that the park
is currently being graded and the estimate for completion is next spring.
This item was moved on to the September 11, 2007 City Council agenda.
Page 5 of 15
PUBLIC WORKS COMMITTEE
1. PW 2007-126 Provena-Dreyer Stormwater Basin
Alderman Besco reported that this item was brought to the Public Works Committee by
Alderman Munns. There is a problem with the basin leaking. The developer has tried
unsuccessfully to stop the leak and currently there are several options to address the problem.
The developer can seal the basin, the pond can fill in with cattails or an infiltration basin with
wetland plantings can be developed. The Public Works Committee had differing opinions so they
brought forth the discussion to the COW meeting.
Alderman Plocher stated that he spoke with the superintendant of the project and was told the
basin is leaking on the sides. The developer will be dumping and compacting clay in this area.
City Engineer Wywrot commented that this is okay as long as the volume remains the same.
Alderman Munns questioned what was required of the developer per the Annexation Agreement.
He felt that the developer needs to correct the situation. Also, residents in the area want the pond
to look presentable. They are tired of calling to get the developer to cut the grass around the
pond.
Mayor Burd suggested that staff keep an eye on the area with the code officials making regular
inspections.
Mr. Wywrot explained that the Public Works Committee recommended either the first or third
option to fix the problem. He noted that the plan for the area calls for a wet basin and there is a
letter of credit in place to insure it is done properly. He stated he would contact the developer to
go over the plan to seal the edges and report back to the Council. Alderman Spears noted that the
developer should have contacted Mr. Wywrot to advise him of the plan. Mr. Wywrot explained
that he has sent the developer emails but has gotten no response.
This item will be brought back to the next Public Works Committee meeting.
2. PW 2007-136 Well No. 7 Update — FYI
Alderman Besco asked Director Dhuse for an informational report on Well #7. Director Dhuse
reported that the motor was back and the manufacturer has recommended that the pipe be re-
threaded to prevent any problems in the future. This will cost anywhere from $30,000.00 to
$40,000.00 and the funds are available to do this.
There were no questions or comments. There was no action to be taken on the matter.
3. PW 2007-141 Updated Capital Improvement Program
Mr. Wywrot presented a spreadsheet listing capital improvements starting with this fiscal year
and showing a six year program. He noted that every year this plan changes and that there are
more projects than available funding. He explained that this is a working document and that staff
was looking from input from the City Council.
Alderman Besco noted that the widening of Route 47 to Jericho Road has been deleted due to the
lack of developer funds. Director Miller explained that the Public Works and Economic
Development Committees discussed combining efforts with developers to fund the Route 47
improvements from Corneils to Route 30. The developers were to combine efforts to improve
access to Route 47 however the slow down in the market has negatively impacted the project. He
felt it was not realistic to move forward in the short term. He did note that there are annexation
Page 6 of 15
agreements that address the Route 47 improvements so when the area begins to develop close
attention will have to be paid to this.
Alderman Spears noted that Palmer Court improvements were scheduled for the 08/09 fiscal year.
She stated that the sanitary sewer was replaced but the repaving keeps getting put behind and that
cost has increased. Mr. Wywrot stated that the numbers for the project are an estimate and since
the project was initiated five years ago he increased the cost to address a rise in costs. Alderman
Spears asked the Council to take a ride down Palmer Court to see the condition of the street for
themselves. She noted that street improvements seem to be concentrated in one ward and she
suggested that projects be split up between the wards.
There were no additional comments or questions. There was no action to be taken on the matter.
4. PW 2007-142 Plat of Vacation — 202 River Road
Alderman Besco reported that the city needs to vacate a watermain easement which is no longer
necessary since there is a new main on King Street. Mr. Wywrot has met with both the seller and
buyer of the property to work out the easement. He noted that the city has already vacated the
easement for the sanitary sewer on the other side of the property. He indicated that the vacation
paperwork has not been prepared yet because both plats for the vacation and easement have to be
approved. He stated that this item could be brought back to the next City Council meeting. The
Council was in agreement with this.
This item was moved on to the September 25, 2007 City Council meeting agenda.
5. PW 2007-108 In-Town Road Program Phase 3
Alderman Besco reported that this was discussed at the Public Works Committee meeting. Mr.
Wywrot and Director Dhuse compiled their recommendations. Alderman Besco asked the
aldermen to identify five streets in their wards that they feel need improvement. He noted that the
Administration Committee also needs to investigate fending.
Mayor Burd noted that Phase I was of the program was in Ward I and Phase II was in Ward II.
She noted that the school bus company complained to the School District that some streets posed
a safety issue. She felt that due to this, evaluation of roads should be made by staff. Alderman
Spears felt that the aldermen could identify streets in their wards that they felt that staff should
evaluate.
There was a brief discussion regarding roads that need improvement such as McHugh and Sleepy
Hollow and the School Districts concerns.
This item will be brought back to the next Public Works Committee meeting.
PUBLIC SAFETY COMMITTEE
I. PS 2007-17 Request to Limit Number of Package Liquor Licenses
Alderman Spears reported that the Public Safety Committee has made a recommendation to limit
the number of package liquor licenses issued by the city.
Alderman Leslie questioned the verbiage of Attorney Roth's memo. Attorney Roth explained
that the verbiage means that the city's discretion in granting or denying licenses is limited when
an applicant satisfies the standards set by the city because if all criteria are met the city has to
issue the license. However, if there are no licenses available because their number has been
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limited, the city does not have to issue the license. It is a common practice in municipalities to
limit the number of available licenses to the number of outstanding licenses. If an applicant
comes in and meets the standards, the ordinance can be amended to create a new license under the
requested classification if the city so chooses.
Alderman Munns questioned the description in section 3-3-6 of the code. Attorney Roth noted
that a limitation to the sale of packaged liquor and has nothing to do with the proposed
amendment. Alderman Leslie stated that he understood that the area will remain but that the
package liquor licenses will be limited. It was noted that currently there are no package liquor
licenses issued for the downtown area. There was a brief discussion about the sale of packaged
liquor sales being limited in the downtown area.
This item was moved on to the September 11, 2007 City Council meeting consent agenda.
2. PS 2007-29 Request for Patio License
Alderman Spears reported that it has been recommended to amend the code to include four patio
licenses as Sawmill Pizza is now requesting one.
Alderman Besco complimented Sawmill Pizza's patio and noted that this is the type of patio he
feels establishments should have. There was some discussion regarding the various patios in the
city.
Alderman Munns asked who enforces the limits listed in "D" of the ordinance. Chief Martin
indicated that the Police Department monitors the establishments and there haven't been any
issues with this.
This item was moved on to the September 11, 2007 City Council meeting consent agenda.
3. PS 2007-30 KenCom Intergovernmental Agreement
Alderman Spears reported that the KenCom Board unanimously approved the hrtergovemmental
Agreement which addresses the 911 emergency system. She reported that the agreement is for
four years and it is the fast update to the agreement since its inception many years ago.
There were no questions or comments. This item was moved onto the September 11 , 2007 City
Council meeting consent agenda.
ADMINISTRATION COMMITTEE
I. ADM 2007-75 Disposal of Outdated IT Equipment
Alderman Munns reported that the Administration Committee discussed the disposal of old
administration department computer equipment and the suggestion was made to donate it to an
organization such as Senior Services.
Director Mika reported that she made calls to Senior Services but has not received an answer yet.
She noted that the Parks and Recreation Department has expressed interest in some of the
equipment so she was recommending it be given to them along with Senior Services (if they were
interested). Any remaining equipment could be recycled after the hard drives are removed.
Mayor Burd noted that the Congregational Church was having an electronic equipment drive and
she suggested that Director Mika investigate donating to this.
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There was some discussion regarding the legality of getting information of the hard drives.
Director Mogle explained that the Parks and Recreation Department can use the computer for its
pre-school program. They will trade off the hard drives from their existing equipment.
This item was moved on to the September 11 , 2007 City Council meeting consent agenda.
2. Kramer Law Office Bill
This item was moved on to the September 11 , 2007 City Council meeting agenda under the
Administration Committee Report for further discussion.
CITY COUNCIL REQUESTS
1 . COW 2007-19 Governing Ordinance - Committee Liaison Discussion
Mayor Burd reported that Alderman Spears asked that the discussion of how to address ties on the
committee in reference to the appointment of a liaison be brought forward. Attorney Roth stated
that the question is what control is at committee level in regards to placing matters on an agenda
and the appointment of liaisons. He stated that these are pure governance issues for the City
Council to decide on and there is a problem with a tied vote at the committee level.
Alderman Munns noted that the ordinance states that the committee selects liaisons so the
question is who should select; the committee or the chairman? The second issue to be addressed
is who breaks a tie. Another concern is if preference should be given to aldermen not on the
committee the liaison was assigned to.
Alderman Besco commented that the liaisons are not equally balanced between all the
committees and aldermen may have to serve on as a liaison assigned to another committee. He
stated that at the Public Works Committee he asked for volunteers to the liaisons assigned to the
committee.
Mayor Burd stated that Alderman Besco's method was fine and that this is the way it was meant
to be; committee members should work together. She noted that the liaison positions have been
around for years with new ones being added to the appropriate committees. She did not
understand how some of the liaisons were affiliated with the committees and suggested that the
liaisons could be moved around. She noted that when she drafted the Governing Ordinance she
did so in order to open up the governing process and not place it in limited hands. She stated she
was not trying to control agendas or play favorites. She felt that in the past appointments were
used to punish or reward aldermen. She also noted poor liaison attendance in the past. She felt
that liaisons should attend the appropriate meetings and report back to the City Council.
Alderman Golinski commented that he felt that the liaisons should be volunteered positions. He
agreed that the number of liaisons is not balanced between the committees so there is no reason
that a liaison should be a member of a particular committee. He felt that anyone should be
allowed to serve as a liaison. He felt that if two aldermen want the same liaison position, the
chairman should decide who should be the liaison.
Alderman Spears commented that serving as a chair of a committee is a responsibility and she felt
the chairmen should detemune the liaisons. She noted that the chairmen position is rotated so the
liaisons would also rotate. Mayor Burd commented that she felt the former mayor would have
made that type of statement. She stated she could make the same argument; as chairman of the
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City Council she should be able to appoint the committee chairmen. She stated that this method
opens it up for democracy; Alderman Spear's method dictates to the committees.
Alderman Golinski commented that the mayor has the power to appoint chairmen to different to
commissions and that she has taken advantage of this power. He noted that Mayor Bard
appointed her friend and a Kendall County resident, Anne Lucietto, to the Plan Commission. He
further noted that she appointed a neighbor, Jeff Baker, to chair the Zoning Board of Appeals. He
commented that she uses her authority freely so why shouldn't a chairmen of a committee have
the same authority. He noted that she mentioned the former mayor however she uses her power
in an unethical way. Mayor Bard felt that Alderman Golinski was out of order and stated that
there was nothing unethical or illegal in what she did. Aldermen Leslie and Golinski noted that
this was a matter of opinion. Alderman Golinski noted that what she did might not be in the best
interest of the city. Mayor Bard stated that maybe it is in the best interest and that a person on the
City Council for a short time may not know the difference. She stated that Alderman Golinski
was entitled to his opinion however he was not entitled to cast allegations against the mayor and
what she is doing. Alderman Golinski stated that he was not making allegations; it is a fact that
she appointed these individuals. Mayor Bard noted that the City Council approved the
appointments and no one brought up these concerns. Alderman Golinski stated that the
appointments were rushed through the Council very quickly so he did not have a chance to
evaluate the appointments. He noted there was no discussion on the appointments which were
presented to the Council as this is what the mayor was doing.
Alderman Spears commented that her entire committee is newly elected and she has not thrown
this fact up to them. She stated that she is the longest sitting alderman and felt that talking about
the former mayor is totally against the Governing Ordinance. She suggested that the Governing
Ordinance be brought back to the Administration Committee for review because the Council is
detecting quite a few things that need to be amended which is not unusual for a new, different
type of document. The City Council agreed with her suggestion.
Alderman Munns stated that there is enough power to go around. He felt that the mayor has
powers of the office to control, the committee has the duty to develop processes for the city and
the committee chairmen should have something to be chairman for. If the chairman does not
have any authority or power then they are just a member of the committee and then why have a
chairman at all?
Alderman Sutcliff stated that she read the ordinance and it says the committee chair job is to
preside over the committee meetings. All the members on the committee are otherwise equal
with equal votes. She stated that it is fair the way it is written and that there isn't one alderman
who should get more of a vote than any other alderman.
Alderman Spears stated that the chairman usually does more than run the meetings; they prepare
the agenda, they work with the department head, etc. It is not up to each alderman to suddenly
throw items on an agenda; they should be presented to the chairman so they can be discussed with
the department head. She noted that it is hard to conduct a discussion on items that she does not
know about before hand. Mayor Bard noted that the way the Governing Ordinance is currently
written, any alderman can put an item on an agenda. Alderman Spears noted that it would be
courteous to notify the chairman before this is done.
Mayor Bard asked Assistant City Administrator Olson if he discussed agendas with the
committee chairman before a meeting. Mr. Olson explained that when an alderman places
something on an agenda the chairman is contacted. A draft agenda is prepared and presented to
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all the committee members before the meeting. Alderman Spears noted that she has had to send
several emails to Mr. Olson to ask where items have come from. She also noted that she has had
to contact Chief Martin regarding agenda items.
Alderman Leslie noted that there have been several high level meetings that he has not been privy
to. He stated that due to this he has had to play "catch up". He stated that in regards to these
meetings, Mr. Olson did not have a specific answer other than to say that anything the mayor
would approve his attendance at would be okay. He stated he is researching this further and feels
there needs to be more communication regarding meetings.
Alderman Besco noted that he used to get a draft agenda and Deputy Clerk Pickering would call
him to go over it. He felt that this worked well. He stated that it is troubling when something is
on the agenda that he is not aware of. Mayor Burd stated that she thought the chairmen were still
getting this service from staff. Mr. Olson again stated that draft agendas are presented to
everyone. He also noted that he meets with Alderman Munns monthly to go over the
Administration Committee agenda.
Alderman Munns suggested that the chairmen meet with the appropriate department heads to go
over agendas before they are finalized. Alderman Leslie complimented Director Miller on the
great job he does communicating with him on EDC matters. Alderman Spears added that she was
not saying that Mr. Olson or Deputy Clerk Pickering did not give her a draft agendas however her
concern is that the last three agendas she has received have had items that came out of nowhere.
When she contacted Chief Martin, he was unaware of the items also. She needed to call Mr.
Olson for an explanation. She felt that this could be avoided if the aldermen would be more
courteous to the chairmen.
Alderman Munns asked for a consensus from the Council as to if the committee or chairmen
should select the liaisons. Alderman Munns polled the alderman and the consensus (five to three)
was for the chairman to select the liaisons.
This matter was sent to the October Administration Committee meeting for further discussion.
2. COW 2007-23 City's Hiring Policies
Mayor Burd asked if the Council wanted to go into executive session to discuss this. Alderman
Golinski stated that he felt that he felt this could be discussed in open session as it was not his
intent to discuss any particular employee. He stated that what he had to say about the newly hired
civil engineer could be said in open session because it was in a press release. He stated that if
anyone wanted to discuss particulars the Council could go into executive session.
There was some discussion about the necessity of going into executive session. City
Administrator McLaughlin clarified that there was a document given to the Council that fell
under the Personnel Records Review Act which should not be released in public session.
Alderman Golinski reiterated that his concern is not with a personnel file or a particular person; it
is about what he feels is a serious problem and inappropriate influence the mayor has put on the
hiring process. He felt that the discussion of the matter should be in open session. Alderman
Besco agreed that if the discussion was about hiring policy it should be done in the open; any
thing that is personal the Council should go into executive session.
Page 11 of 15
Alderman Munns called an error in the civil engineers hiring contract regarding insurance
payment (incorrectly stated as $1 .00/month) to everyone's attention and asked that this be
corrected to be the same as all other city employees.
Alderman Golinski read a statement (see attached) to the Council regarding something he felt was
a serious matter; the inadequacy of the non-department head hiring policy. He stated that it was
his opinion that the mayor inappropriately intervened in the hiring policy and process. He
proposed that the City Council begin discussions to clarify the statutory powers of the mayor and
the City Council regarding hiring practices. He asked if anyone else on the Council shared his
concern.
Alderman Munns stated that the Council has been asked over the last several months to trust the
staff and not interfere with hiring. He agreed with this and was concerned that there was a
possibility that the mayor or a member of the City Council was superseding staff. He felt that
neither the mayor or Council should have input in hiring; this should be left up to staff. He noted
that in the information he received it states that the new hire has up to twelve month to get a
professional engineering and training degree. He asked if this individual was currently an
engineer. Mayor Burd clarified that she needs to get an engineering license. Alderman Munns
asked if this was a hiring requirement and Mayor Burd stated it was not. She commented that a
bachelor's degree and one years experience was required and that the new hire has ten years
experience with the Army Corps of Engineers.
Alderman Besco agreed with Alderman Munns. He stated that he did not know the particulars of
this hiring however he would be disturbed to find that the mayor or any Council member was
superseding the hiring committee's decision.
Aldennan Leslie commented that he shared Alderman Golinski's concern. He stated that his
concern was first initiated during the hiring of the City Administrator. He noted that a candidate
was pulled out of the running but then was put back in. He stated that when he heard about the
civil engineer issue he went to staff for their input. It was his understanding that the hired
candidate was not the one chosen by the hiring committee but that the mayor picked her out and
had her hired. He stated that this is deeply disturbing because it undermines the political process.
He felt that this practice was dangerous and sends the wrong message to staff. He stated that staff
has the responsibility to select the person they feel will work out the best and that in his business
he would never consider undermining the authority of his "direct reports". Doing this prohibits
the building of trust and a team. He told the mayor that he felt this was a major faux pas on her
part. He understood that she was new to being mayor and hope her intent was for the best. He
agreed that the Council needed to look at hiring practices and trust staff.
Alderman Spears asked how many people applied for the position. Human Resource Manger
Kasper indicated five did and that three were interviewed. Alderman Spears asked if any of the
three had their engineering license and Director Miller indicated that two out of the three had
their license. She asked if the city would be paying for the license and Mrs. Kasper stated that the
city has not committed to this. Alderman Munns noted that the hiring letter stated the person
could get annual educational training opportunities so the person could take advantage of the
city's money to get the license.
Alderman Besco stated that with previous hires the Council has stated they want the best
qualified individuals. He stated that if two already had their licenses and the one hired didn't this
does not look good.
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Alderman Munns asked what the salary range was for this position and Mrs. Kasper stated that it
was $5805.00 to $80,119.00. He noted that the new hire was brought in over the minimum
amount.
Mayor Burd commented that the new engineer already has two master's degrees and this is just a
matter of her taking a test to get an engineering license. She also noted that one of the other
candidates didn't even have an engineering degree and should never have been considered. She
further explained that the new engineer has a five year undergraduate degree from the University
of Illinois and two master's degrees. She noted that no one else in the city has this type of
background. She stated that this person has extensive experience in environmental work and how
to recycle materials. One of her master's degrees is in construction administration so she is able
to draw up plans for new public buildings. She stated that when she asked staff if they felt she
was qualified that told her she was. She felt that this was a subjective decision. She stated that
she highly valued education and intelligence and felt that this person would be an asset to the city.
She stated that as she goes around the city and meets people, she did not see anything wrong with
encouraging someone who has a background that could be a benefit to the city them to come to
work for the city. She clarified that this person is not a friend but rather someone she met while
doing business.
Mayor Burd noted that according to state statute, the mayor makes appointments and the City
Council approves them. She stated that the current process was created in 2006 and never used.
She asked that the City Council amend the Department Head Hiring Policy to allow her the same
courtesy they have in regards to recommending people. She stated that as mayor she has the right
to control the appointment process per state statute. The statute even allows the mayor to put in
an interim person if the Council does not approve her recommendation. She stated that she was
trying to work out a compromise with the Council because the system of using an outside firm to
sort through the resumes has a glitch as it excludes the mayor because the mayor does not vote.
She felt it was a big mistake for the Council to arbitrarily throw this away because she feels the
current policy is illegal.
Alderman Leslie commented that the departmental directors had made a decision as to hiring for
the civil engineer position. He stated that it was his, staff's and hopefully the legal opinion that
she overstepped her bounds in the hiring of the engineer against the direction of the staff. Mayor
Burd asked if Alderman Leslie was under the impression that staff had selected someone for the
job and Alderman Leslie stated that it was his impression that the individual hired was not the top
choice. He stated that he asked the staff about this and was told the individual was not the
candidate of choice and was potentially in last place for the position.
Mayor Burd agreed she made a political mistake. She asked the City Attorney to comment on the
situation. Attorney Roth stated that it is critical that the city have clear, effective and legal
standards for hiring and dealing with personnel issues. He stated that the standards should be
deferential to the division of authority that is vested in the various offices. It should also be
respectful of the individuals as well and the city and the City Council. He stated that he hasn't
has a chance to study the matter in detail however the city is govern by state statute, resolutions,
ordinances and the adopted employee manual. He stated that the state statute provides that the
mayor has the power to appoint officers necessary to carry out the powers of the municipality.
He also noted that in his opinion the Employee Manual clearly intimately involves the mayor in
all aspects of employment specifically hiring and firing. This does not indicate that the City
Council does not have a role and it does not say the way the Employee Manual reads is the best
way to do things. He noted that there are many inconsistency in the city's regulations, ordinances
and resolutions that have been adopted and possibly in processes that the city has followed in the
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past. He stated that a few weeks ago the mayor asked him whether she had authority to make an
appointment such as this. He stated that he was not aware of what position they were speaking of
but he did advise her that the mayor does have broad powers of appointment to city officers. He
stated that the city has a "spaghetti bowl' of personnel policies. He stated that state statute has to
be acknowledged and followed as well as the Employee Manual. He did not agree with the
comment that the mayor did something improper based on the Employee Manual.
Alderman Muni commented that this was not an appointment but a hiring and the individual is
not an officer of the city but an employee. He asked the mayor that in the future will she feel she
could tell any department head to hire any person of her choosing for maintenance, office work,
etc. He felt if so this was going down a "slippery slope".
Mayor Burd clarified that she was not involved in the hiring for most of the time. She stated that
there was a three week delay between the interviews and when she asked for the status of the
hiring. She called staff in and asked for their decision. They had not made a decision and decided
not to do anything about it. She asked if the individual who was eventually hired was qualified
and was assured the person was. She stated that she was trying to find someone who will interact
with the public, have a feeling for the community and understand the issues that the city is facing.
She advised the then City Administrator that some decision should be made or both candidates
could be lost. When no decision came, she stepped in and chose the person hired. She stated that
her decision was not based on hiring a friend but based on what she thought was in the best
interest of the city. This was the same thought that was put into appointing the chairman of the
Plan Commission. She noted that the Council had the opportunity to vote on the appointments so
they should not fault her if they did not take the time to ask questions and make a better decision
when approving them.
Alderman Besco asked who the hiring cominittee was; what was the structure? Mayor Burd
stated that she asked Director Miller to sit in on the interviews. She did this because she has
suggested redoing the structure of the Community Development Department to include having
the City Engineer under the direction of the Community Development Director. She stated that
the Community Development Director has a "global' vision of the city and could give direction
to the City Engineer. Also in the interview were City Engineer Wywrot, Assistant City
Administrator Olson and Human Resource Manager Kasper. Alderman Besco stated that he has
heard from several staff members that this individual was not the top choice and this disturbs him.
He felt that the City Council clearly stated that they want the top person available. He stated that
if there was a lapse in time that may have caused the city to lose candidates he felt that an
aldermen from every committee could have been asked to interview and make recommendations
to staff. He felt that there has to be a better way to hire employees.
Alderman Munns stated that a few years ago there was a problem with nepotism so an ordinance
addressing this was adopted. He stated that before the city is turned into a "patronage haven" this
should be addressed.
Alderman Spears commented that she agreed that education is important however there have been
employees that the city has paid to educate that where not up to speed in representing the city the
way they should have. She also noted that there have been issues in the past regarding the pay
scale. She noted that she was criticized once for recommending a higher salary than the range.
She stated that she thought that this was going to stop; employees would be hired at the entry
level salary. Alderman Spears further commented that she thought Director Miller was
overseeing this new employee. Alderman Munns stated that this has been discussed but no action
was taken. Alderman Spears noted that the Council is waiting a long time to do this. She stated
Page 14 of 15
that the hiring committee did not feel there was a candidate that was totally qualified and she
asked Director Miller if it was ever considered to re-post the job position. Director Miller stated
he felt uncomfortable discussing this matter in detail in an open session. Alderman Spears asked
Attorney Roth if the mayor would be able to hire summer help; where does this process stop.
Attorney Roth stated that the City Council approved the Employee Manual which addresses this.
He stated that if the City Council has a problem with the mayor being involved in the hiring
process the Council should deal with it. Alderman Spears recommended that the Employee
Manual be brought to the Administration Committee for review and revisions.
Alderman Leslie stated that he can't imagine hiring a team to hire a person and then stepping in to
hand pick an employee. Attorney Roth agreed with Alderman Leslie however his opinion rests
on the review of the Employee Manual. Alderman Leslie agreed with Alderman Spears; the
Employee Manual should be reviewed.
Alderman Golinski commented that he did not intend his statements to be a personal attack on the
mayor. He stated that this is the public's business and this is a serious issue. He stated that the
night the mayor won the election he told her that he looked forward to working with her and that
if she was right he would agree with her but if she is wrong he would tell her. He noted that
Alderman Leslie stated this may have been a mistake on her part however he understood that the
staff tried for several days to convince her that her decision was not in the best interest of the city.
He stated that the person hired was a cabinet maker for St. Joseph's Cabinetry and questioned
how this related to civil engineering. Mayor Burd felt that Alderman Golinski's comment was
inappropriate and embarrassing. Alderman Golinski stated he was trying to discuss the new
hire's qualifications. Mayor Burd stated he was out of order and he should be quiet. Alderman
Besco commented that Alderman Golinski's statement may have been inappropriate but it was
not out of order.
Alderman Spears asked in what capacity did the individual work for the Army Corp of Engineers.
Alderman Leslie noted that it may be more appropriate to discuss this in executive session.
EXECUTIVE SESSION
For the appointment, employment, Compensation, discipline, performance, or dismissal of
specific employees of the public body or legal counsel for the public body, including hearing
testimony on a complaint lodged against an employee of the public body or against legal counsel
for the public body to determine its validity.
Alderman Leslie made a motion to go into executive session; seconded by Alderman Spears.
Motion approved by a roll call vote. Ayes- 6 Nays-2
Spears-aye, Sutcliff-aye, Werderich-nay, Besco-aye,
Golinski-aye, Leslie-aye, Munns-nay, Plocher-aye
The City Council entered in to executive session at 10: 15 p.m.
The City Council returned to the COW meeting at 10:40 p.m.
Page 15 of 15
ADDITIONAL BUSINESS
Blaine Street Debris
Alderman Besco reported that he has received calls about an individual living on Blaine Street
who is putting debris is the swale in front of his home which is causing flooding. He stated that
this is an ongoing problem according to neighbors and is deliberately done. He asked staff to
look in to the matter and try to resolve it. City Administrator McLaughlin stated he would have
an inspector investigate.
Countryside Sewer Work
Alderman Spears reported that the sewer work in Countryside has created a hardship for some
residents because the city has not restored their property to its original state. She asked the staff
what can be done to correct this. City Administrator McLaughlin stated that he will have staff
investigate and report back to the City Council.
Fox Hill Traffic Light
Alderman Munns asked for an update on the status of the traffic light and City Engineer Wywrot
stated that the paperwork was on its way to IDOT for approval. Alderman Munns also asked that
the timing of the light at Routes 34 and 47 be checked out.
Missing Stop Sigh
Alderman Spears asked the status of the stop sign at Center Parkway and Countryside Parkway.
Mr. Wywrot stated he would check on the installation.
Crosswalk for Kohl's
Alderman Sutcliff noted that the new shopping center will be a popular place for people to visit.
She expressed her concern that it is hard to walk or ride a bike to the location. She asked for a
short-term plan to keep kids safe.
Parking on Somonauk
Alderman Sutcliff that Somonauk is being used as a collector and people are parking along it
from Route 47 to Colton which poses a problem. She asked the Council to consider not allowing
parking for the two blocks east of Route 47. She also asked Chief Martin if an officer could be
posted in the area to watch for speeders.
There was no further additional business.
The meeting was adjourned at 10:55 P.M.
Minutes submitted by Jackie Milschewski, City Clerk
City Hiring Policy Commentary
Alderman Golinski
I 'd like to preface my comments by saying that it is not my intent to have a
discussion regarding a certain employee. A discussion of that nature is an
exemption to the Open Meetings Act and is more appropriate for an Executive
Session. My intent here is to discuss the inadequacy of our Non-Department Head
Hiring Policy and the Mayor's inappropriate intervention into the hiring process. I
ask that everyone do their best to refrain from discussing anything that may be
subject to the Personnel Records Review Act. Considering that the City issued a
press release regarding the recently hired Civil Engineer, any reference that I make
to that position is already public knowledge.
I asked for this item to be included on the agenda because I have great concern
about what transpired with the hiring process for the Civil Engineer. In light of all
the recent complaints received from Ward 2 residents regarding the in-town roads
program, it was my hope that Staff would hire the most highly qualified civil
engineer that they could find. I would have liked to have seen someone who
currently serves in such a capacity or, at the very least, someone who has previous
experience being a municipal civil engineer with expertise in the core duties of the
position. However, due to the Mayor' s intervention and complete disregard for the
hiring process, I believe that did not happen.
Instead, what transpired, as I understand it, is this; The Mayor encouraged an
individual that she has, or had, a personal or business relationship with to apply for
the position. Following the City' s hiring policy, the Human Resources Manager
and the appropriate department heads conducted interviews for the position. The
interview committee considered the applicants qualifications, relevant work
experience, technical knowledge and educational background. At the end of the
consideration process, the interview committee reached a consensus on how to
proceed. At this point, the Mayor stepped into the process and made a unilateral
decision to hire the person that she had encouraged to apply, disregarding the
recommendation of the interview committee. The Mayor then decided to give the
new hire a salary above the minimum for that position. In my opinion, this is one
more in a series of unilateral poor decisions made by this Mayor that is not in the
best interest of the City and that she is not qualified to make.
In my research, I found nothing in any of our policies or ordinances that gives the
Mayor the statutory authority to participate in the hiring process of non-department
heads. If the Mayor has this authority, which she obviously feels that she does,
then she would be the ultimate decision maker for every single City employee that
is hired; including every maintenance worker, receptionist and utility billing clerk.
The Mayor may then assign any salary within the salary range without checks or
balances. If the Mayor has the authority to rule over all hiring, which from my
conversation with her I strongly believe that is what the Mayor thinks, it is not in
the best interest of the city staff, the other elected officials, or more importantly,
the citizens of Yorkville. We cannot allow personal political influence to enter into
personnel decisions and it must be rectified before any other positions are filled.
1, like all of you, need to answer to my constituents and tell them that when it
comes to adding City staff, it' s completely justified and we are recruiting and
hiring the most qualified people available in the marketplace. How can I say that
when the Mayor is influencing the hiring process of a position that has such a
crucial role in the City, particularly in Ward 2, when I don't believe it myself?
The Mayor's influence in this recent new hire could easily be construed as political
cronyism. I've sat and watched as the Mayor appointed friends and associates to
the City' s boards and committees with no input from this Council. Just last month,
the Mayor attempted to amend the Department Head Hiring Policy so that she
could hand pick the department head candidates to be interviewed by the selection
committee. Fortunately, the majority of committee members decided that this
proposed amendment was not in the City' s best interest. We can not allow any
Mayor, present or future, to have the ability to even give the perception that they
are putting cronies in City staff positions. Historically, cronyism has lead to
malfeasance, corruption and incompetence, which would be disastrous for our
growing community.
I want everyone to know that my comments are not intended, in any way, to be a
reflection on the City' s new Civil Engineer. I have never met her and I am not
knowledgeable enough in civil engineering to effectively judge her qualifications.
I do however; trust the judgment of our professional staff and that is why it is so
important to me that their opinions are not arbitrarily dismissed.
Therefore, I propose we immediately start a discussion on clarifying the statutory
powers of the Mayor and the City Council regarding hiring practices and begin to
follow those statutory powers for any additional hiring in Yorkville.
I'd now like to open it up to the Council and hear whether you share my concern.
Agenda Item Number
Bill payments for approval
Tracking Number
This page serves as a placeholder for the draft document
Bill List ,
which was included in the October 9, 2007 COW
packet. Please contact the Clerk's office at 630-553-4350
during normal business hours if you would like to view
the document, or please use the City website to download
the above listed packet. Packets on the website are kept
in their entirety for a minimum of one month
on the "Agendas" page,
http://www.yorkville.il.us/ og v mt sgagendas.cfm
and indefinitely on the "Minutes" page,
http://www.yorkville.il.us/gov mtgs minutes.cfm
\AI C/).
EST. _ 1836
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Agenda Item Number
Mayor#1
Tracking Number
COW 2007-31
This page serves as a placeholder for the draft document
Request for Sponsorship for the Yorkville Bid Band
which was included in the October 9, 2007 COW packet.
Please contact the Clerk's office at 630-553-4350 during
normal business hours if you would like to view the
document, or please use the City website to download the
above listed packet. Packets on the website are kept in
their entirety for a minimum of one month
on the "Agendas" page,
http://www.yorkville.il.us/ ov�mtgs agendas.cfm
and indefinitely on the "Minutes" page,
http://www.yorkville.ii.us/ og v mtgs minutes.cfm
`QED cl).
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Agenda Item Number
Mayor#2
Tracking Number
COW 2007-32
This page serves as a placeholder for the draft document
Ordinance Annexiniz Welles Property,
which was included in the October 9, 2007 COW packet.
Please contact the Clerk's office at 630-553-4350 during
normal business hours if you would like to view the
document, or please use the City website to download the
above listed packet. Packets on the website are kept in
their entirety for a minimum of one month
on the "Agendas" page,
http://www.yorkville.il.us/gov mtgs agendas.cfm
and indefinitely on the "Minutes" page,
http://www.yorkville.il.us/gov mtgs minutes.cfm
QED CITY
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Agenda Item Number
Mayor#3
Tracking Number
COW 2007-33
This page serves as a placeholder for the draft document
Ordinance Annexinjz Pobol Property,
which was included in the October 9, 2007 COW packet.
Please contact the Clerk's office at 630-553-4350 during
normal business hours if you would like to view the
document, or please use the City website to download the
above listed packet. Packets on the website are kept in
their entirety for a minimum of one month
on the "Agendas" page,
http://www.yorkville.il.us/ o� v mtgs agendas.cfm
and indefinitely on the "Minutes" page,
http://www.yorkville.il.us/gov mtgs minutes.cfm
M. ION
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Agenda Item Number
Mayor#4
Tracking Number
COW 2007-34
This page serves as a placeholder for the draft document
Ordinance Vacating Sleepy Hollow Road,
which was included in the October 9, 2007 COW packet.
Please contact the Clerk's office at 630-553-4350 during
normal business hours if you would like to view the
document, or please use the City website to download the
above listed packet. Packets on the website are kept in
their entirety for a minimum of one month
on the "Agendas" page,
http://www.yorkville.il.us/ og v mtgs agendas.cfm
and indefinitely on the "Minutes" page,
http://www.yorkville.ii.us/ og v mtgs minutes.cfm
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Agenda Item Number
Mayor#5
Tracking Number
COW 2007-35
This page serves as a placeholder for the draft document
Proposed Montaomery Boundary Agreement,
which was included in the October 9, 2007 COW packet.
Please contact the Clerk's office at 630-553-4350 during
normal business hours if you would like to view the
document, or please use the City website to download the
above listed packet. Packets on the website are kept in
their entirety for a minimum of one month
on the "Agendas" page,
http://www.yorkville.il.us/gov mtgs agendas.cfm
and indefinitely on the "Minutes" page,
http://www.yorkville.il.us/gov mtgs minutes.cfm
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Agenda Item Number
PW#1
Tracking Number
PW 2007-152
This page serves as a placeholder for the draft document
In-Town Road Program — Fox Street Storm Sewer,
which was included in the October 9, 2007 COW packet.
Please contact the Clerk's office at 630-553-4350 during
normal business hours if you would like to view the
document, or please use the City website to download the
above listed packet. Packets on the website are kept in
their entirety for a minimum of one month
on the "Agendas" page,
http://www.yorkville.il.us/gov mtgs agendas.cfm
and indefinitely on the "Minutes" page,
http://www.yorkville.il.us/gov mtgs minutes.cfm
EST�. 1BM
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Agenda Item Number
ADM#1
Tracking Number
COW 2007-19
This page serves as a placeholder for the draft document
Ordinance Amendinm Governing Ordinance 2007-53
Re,zardin,a Committee Liaisons,
which was included in the October 9, 2007 COW packet.
Please contact the Clerk's office at 630-553-4350 during
normal business hours if you would like to view the
document, or please use the City website to download the
above listed packet. Packets on the website are kept in
their entirety for a minimum of one month
on the "Agendas" page,
http://www.yorkville.il.us/gov mtgs agendas.cfm
and indefinitely on the "Minutes" page,
http://www.yorkville.il.us/ og v mtgs minutes.cfm
M. a � 1036
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