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City Council Minutes 2005 12-27-05 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, ]KENDALL COUNTY, ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY, DECEMBER 27, 2005. Mayor Prochaska called the meeting to order at 7:02 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Leslie Present Ward II Burd Present Wolfer Present Ward III Ohare Present Munns Absent Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, Interim City Administrator Crois, City Attorney Wyeth, Police Chief Martin, Finance Director Pleckham, and City Intern/Deputy Clerk Olson. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Alderman Besco asked that the following items be removed from the Consent Agenda and be - placed under the Administration Committee Report: 1. Item #7 — Resolution Approving the Revised Job Description for the Position of Engineering Administrative Assistant (formerly known as "Engineering Assistant ") 2. Item #10 - Ordinance Proposing the Establishment of Special Service Area 2005 -109 (Bristol Bay I) 3. Item 411 - Ordinance Proposing the Establishment of Special Service Area 2005 -108 (Autumn Creek) COMMITTEE MEETING DATES Public Works Committee 7:00 P.M., Monday, January 9, 2006 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Thursday, January 19, 2005 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M., Thursday, January 5, 2006 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 7:00 P.M., Thursday, January 12, 2006 City of Yorkville Conference Room 800 Game Faun Road Ad Hoc Technology Committee 6:15 P.M., Tuesday, December 27, 2006 City of Yorkville Conference Room 800 Game Farm Road PRESENTATIONS None. PUBLIC HEARINGS 2005 Tax Levy Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing the 2005 Tax Levy. So moved by Alderman Burd; seconded by Alderman Wolfer. The Minutes of the Regular Meeting of the Citv Council — December 27, 2005 — ua e 2 Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Burd -aye, James -aye, Leslie -aye, Ohare -aye, Spears -aye, Wolfer -aye Mayor Prochaska reported that levy amount is $2,035,873.26 which is an increase from last year's levy amount of $1,746,203.30. The net increase is 16.95% however the tax rate decreased from .7326 to .6571. He stated that as Equalized Assessed Value (EAV) continues to increase in the City, the City is still trying to hold down the amount of taxes so the rate is dropping. He explained that the amount is calculated by taking an average home valued at $210,000.00 with the average assessment of 11% to 12 %. The goal is to keep the taxes the same even after this year's reassessment. He stated that the City is seeing a significant increase in the dollars; the new increase is $289,669.00 of which $182,463.00 comes to the City and $107,206.00 is allocated to the Library. Mayor Prochaska opened the floor to public comment; there was none. Mayor Prochaska opened the floor to City Council comments; there were none. Mayor Prochaska entertained a motion to go out of public hearing. So moved by Alderman Wolfer; seconded by Alderman Burd. Motion approved by a roll call vote. Ayes -7 Nays -0 Burd -aye, James -aye, Leslie -aye, Ohare -aye, Spears -aye, Wolfer -aye, Besco -aye CITIZEN COMMENTS None. CONSENT AGENDA 1. Water Department Reports for September 2005 (PW 2005 -29) 2. Fountain Village — Earthwork Letter of Credit — authorize the City Clerk to call Letter of Credit ifnot renewed by January 30, 2006 (PW 2005 -30) 3. State Street Watermain - Change Order #1— authorize delay of the beginning of construction until March 1, 2006 and authorize City Engineer to execute (PW 2005 -31) 4. Route 47 Watermain - Change Order 41 — authorize increase in an amount not to exceed .$356.42 and authorize City Engineer to execute (PW 2005 -32) 5. Game Farm Road/Somonauk Street Reconstruction (PW 2005 -33) a. Resolution 2005 -83 —MFT Appropriation Resolution — authorize City Clerk to execute b. Smith Engineering Consultants, Inc. Additional Phase 1 Engineering Agreement — authorize increase in an amount not to exceed $17,680. 00 and authorize Mayor to execute 6. Bruell Street Forcemain & Sanitary Sewer - Change Order 43 - authorize increase in an amount not to exceed $38,055.00 and authorize City Engineer to execute (PW 2005 -37) 7. Monthly Treasurer's Report for October 2005 (ADM 2005 -17) 8. Resolution 2005 -84 — Approving the Revised Purchase Order Policy - authorize the Mayor and City Clerk to execute (PW 2005 -18) Mayor Prochaska entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Wolfer; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -7 Nays -0 Burd -aye, James -aye, Leslie -aye, Spears -aye, Wolfer -aye, Ohare -aye, Besco -aye PLANNING COMMISSION /ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL None. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated December 16, 2005 totaling the following amounts: checks in the amount of $1,766,322.70 (vendors); $174,247.23 (payroll period ending 12/10/05); $12,236.57 (special census payroll period ending 11/25/05); $12,755.40 (special census payroll period ending 12/09/05); for a total of $1,953,325.33 seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Burd -aye, James -aye, Leslie -aye, Ohare -aye, Spears -aye, Wolfer -aye The Minutes of the Regular Meeting of the Citv Council — December 27, 2005 — Mgt 3 i REPORTS MAYOR'S REPORT Appointment to Park Board Mayor Prochaska explained that any one appointed to the Park Board has to have a routine background check. However, he noted with the holiday, he did not get the information to the Police Department in time to get it back for tonight. The security check should be done in the next few days. With this in mind, Mayor Prochaska entertained a motion to approve the appointment of Gary Golinski to the Park Board subject to his background check. So moved by Alderman Wolfer; seconded by Alderman Ohare. Mayor Prochaska explained that Mr. Golinski was filling a space vacated by Richard Korinek and his term will expire on April 30, 2007. Alderman Besco commented that as big as the City is getting he thought people from other areas of the City would be attracted to volunteer. He noted that there is already another Park Board member living in the same subdivision as Mr. Golinski and he asked if any other individuals applied. Mayor Prochaska state that the position was publicized and Mr. Golinski was the only applicant. Mayor Prochaska also noted that at one time, there were three Library Board members who lived on the same street. He stated that unless the ordinance is changed to reflect that members have to be from specific areas, anyone can apply. Alderman Burd asked if Mr. Golinski was aware that the Park Board was an advisory board because former members didn't understand this. Mayor Prochaska stated that he has had this discussion with Mr. Golinski. She stated that if people understand the process they won't be quite so upset when the City Council has to make decisions that don't match their recommendations. She stated that when this happens, it is not because the City Council doesn't respect their recommendations but rather the Council is trying to see the "big picture ". She commented that she would like to have a good relationship with Mr. Gohnski. Motion approved by a roll call vote. Ayes -7 Nays -0 Ohare -aye, Burd -aye, Spears -aye, Besco -aye, Leslie -aye, Wolfer -aye, James -aye Ordinance 2005 -98 Janice L. Van Riper Insurance Agency, Inc. Development Agreement & Ordinance Granting Rezoning (PC 2005 -51) Mayor Prochaska entertained a motion to approve an ordinance granting rezoning for Janice L. Van Riper Insurance Agency, Inc. at 708 -710 N. Bridge Street from R -3 General Residence District to B -1 Limited Business District and to approve the Development Agreement as presented, subject to first receiving a signed original of the Development Agreement from the Petitioner, and authorize the Mayor and City Clerk to execute all documents subject to final legal review. So moved by Alderman Ohare; seconded by Alderman James. Alderman Leslie asked that the location of the building be clarified. Mayor Prochaska stated that the building was a ranch duplex located on Route 47 across from Apple Tree Court. Alderman Burd noted that the Economic Development Committee recommended the rezoning due to the widening of Route 47 and because there is other business zoning in area. Alderman Ohare asked if the sidewalk clause was included in the agreement and Attorney Wyeth explained that there is language addressing the sidewalk in the final draft of the agreement which was just received today. Upon the widening of Route 47, the developer will construct a sidewalk consistent with other sidewalks being constructed on that side of the street. Alderman Spears asked if any of the neighboring properties had any objections or concerns. Mayor Prochaska stated that the property to the north was concerned with parking in the common driveway. Attorney Greg Ingemunson explained that there is wording in the agreement stating that no parking would be allowed in the driveway. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Leslie -aye, Wolfer -aye, James -aye, Ohare -aye, Burd -aye, Spears -aye The Minutes of the Regular Meeting of the Citv Council — December 27. 2005 —Wage 4 Resolution 2005 -85 Approving the Revised Job Description for the Position of Receptionist/General Secretary (Formerly Known as "Secretary of Parks & Recreation ") (PB 2005 -03) Mayor Prochaska entertained a motion to approve a resolution approving the Revised Job Description of the Position of Receptionist/General Secretary (formerly known as "Secretary of Parks & Recreation "). So moved by Alderman Ohare; seconded by Alderman Besco. Alderman Burd asked if it has been clarified that the City has a "Park & Recreation" Department. Attorney Wyeth stated that the Park & Recreation Department is referenced in the ordinance for the Executive Director of Park & Recreation however City Code references a Parks Department and a Recreation Department. Some "clean-up" is needed in this area. Interim City Administrator Crois noted that the ordinance for the Executive Director of Park & Recreation actually lists three departments; the Park & Recreation Executive Directors office, a Parks Department and a Recreation Department. He recommended a new ordinance to clarify the Park & Recreation Department. Alderman James asked if there was an ordinance saying there is a Public Works Department. Attorney Wyeth stated he did not look for this so the City may or may not have one. Alderman James asked if an ordinance was needed for every City department Alderman James suggested bringing this issue to the Administration Committee for further discussion. Interim City Administrator Crois commented that other communities pass a blanket ordinance creating all the municipal departments such as the Police Department, Public Works Department, etc. He also commented that he discussed the City's job description with the City's Human Relations person Denise Kasper and it was recommended that a common format be used for all future job descriptions as presently several formats are used. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Leslie -aye, Wolfer -aye, James -aye, Ohare -aye, Burd -aye, Spears -aye Welcome Back Mayor Prochaska welcomed Alderman Spears back. CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE REPORT No report. EXECUTIVE DIRECTOR OF PARKS & RECREATION REPORT No report. COMMUNITY & LIAISON REPORT No report. The Minutes of the Regular Meeting of the City Council — December 27, 2005 — na eg_5 COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Resolution 2005 -86 Approving a Policy Regarding Public Works Vehicles (PW 2005 -35) A motion was made by Alderman Besco to approve a resolution approving a policy regarding Public Works vehicles as presented; seconded by Alderman James. Alderman Besco asked if the word "temporary" should be included in the motion and Attorney Wyeth explained that the work "temporary" is in the first paragraph of the resolution and not needed in the motion. Alderman James noted that there is an end date to the policy as it is just temporary. Alderman Ohare stated that the ordinance does not specify that city workers are to follow the City's ordinances on parking. Mayor Prochaska noted that the resolution does not make exemptions so all ordinances need to be followed. Alderman Spears asked if this affects the City's insurance and Mayor Prochaska explained that the City's liability is fine going back and forth to work. He stated there is more a question regarding the tax point of view. Alderman Besco explained that the resolution was created because due to the construction at Tower Lane the Public Works Department is runnin out of space. Allowing employees to take vehicles home will help to alleviate the problem. Alderman Leslie asked what repercussions there would be if an employee uses a city vehicle for personal use. Mayor Prochaska explained that this would be treated as insubordination and the appropriate steps, according to the Employee Manual, will be taken against the employee. Motion approved by a roll call vote. Ayes -7 Nays -0 Leslie -aye, Wolfer -aye, James -aye, Ohare -aye, Burd -aye, Spears -aye, Besco -aye Mayor Prochaska commented that he has received several compliments from residents regarding the good work the Public Works employees have been doing with the snow. Mayor Prochaska congratulated and thanked them for their efforts. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMII'TISTRATION COMMITTEE REPORT 2004/2005 Audit (ADM 2005 -13) A motion was made by Alderman James to accept the Annual Audit for the year ended April 30, 2005 as presented by Crowe Chizek and Company, LLC as presented, subject to final staff review; seconded by Alderman Ohare. Mayor Prochaska noted that the audit needs to be completed and submitted to the state by December 31, 2005. Motion approved by a roll call vote. Ayes -7 Nays -0 Wolfer -aye, James -aye, Ohare -aye, Burd -aye, Spears -aye, Besco -aye, Leslie -aye Ordinance 2005 -99 Levy and Assessment of Taxes for the Fiscal Year Beginning May 1, 2005 and Ending April 30, 2006 (ADM 2005 -01) A motion was made by Alderman James to approve the ordinance for the levy and assessment of taxes for the fiscal year beginning May 1, 2005 and ending April 30, 2006 as presented, and to authorize the Mayor and City Clerk to execute such documents and to file such documents with the Kendall County Clerk as are necessary in furtherance of the levy; seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes -7 Nays -0 James -aye, Ohare -aye, Burd -aye, Spears -aye, Besco -aye, Leslie -aye, Wolfer -aye The Minutes of the Regular Meeting of the Citv Council — December 27, 2005 — Dagg 6 Resolution 2005 -87 Approving the Revised Job Description for the Position of Engineering Administrative Assistant (Formerly known as "Engineering Assistant ") (ADM 2005 -09) A motion was made by Alderman James to approve a resolution authorizing the Revised Job Description for the Position of Engineering Administrative Assistant (formerly known as "Engineering Assistant ") and to authorize the Mayor and City Clerk to execute such documents; seconded by Alderman Ohare. Alderman Besco commented that the Community Development Director will be starting on January 17, 2006 and he thought that since this is a position in his department, the City Council should wait too approve this until the new director can have some say in the job description. Mayor Prochaska clarified that this position is in the Engineering Department not the Planning Department and the Engineering Department is not under the Planning Department. Currently there is a Building Department, Engineering Department and a Planning Department however there has been some discussion to someday evolve the three departments into one but they are still initially three separate departments. Mayor Prochaska further explained that the Community Development Director will have two positions to fill that are in the budget; a park planner and a city planner. Alderman Besco asked if this was eliminating the position of secretary for this department. Mayor Prochaska stated that no positions are being eliminated but this resolution revises the existing position. Alderman Spears stated she agreed with Alderman Besco; this does not need to be rushed through. She felt it should wait until the appropriate staff is on board. Mayor Prochaska reiterated that the Community Development Director would not have any input into this position because this position is for the Engineering Department. Alderman Burd stated she spoke with City Engineer Joe Wywrot and this is the position that he needs; he does not need a secretary. Alderman Leslie asked if there was a candidate in mind for this position and Mayor Prochaska stated it would be Jennifer Fischer. Alderman Burd asked if this would be a promotion and Finance Director Pleckham explained it would not; the resolution is clarifying the job functions of the current position which is held by Mrs. Fischer. Mayor Prochaska agreed with Finance Director Pleckham that this is a clarification of an existing position. Alderman Leslie commented that he feels Mrs. Fischer is performing duties beyond the current job description and it is time to update the description. There was further discussion regarding the job description and the duties performed by the employee. Alderman Spears asked why the educational requirements were being changed; were all the administrative assistant positions being changed? She said it was discussed at the Administration Committee that the educational requirement should be 64 credit hours. She stated that requiring a person have an Associates Degree is not being consistent with other positions in the City. Mayor Prochaska noted that at the last committee meeting is was discussed to review all job descriptions and determine if this needs to be upgraded. He stated that this is a technical position so more education is needed. Finance Director Pleckham noted that it was discussed at the Administration Committee meeting that the job title should remain the same however after some discussion it was changed so it would not be confused with an engineering position. Alderman Burd stated it was discussed that certain types of classes should be specified for this job description and she asked if a person in this position would take classes in engineering or related fields. Mayor Prochaska stated that he could see that this person would be allowed to take engineering classes. Mayor Prochaska clarified that the job description qualifications should reflect 64 credit hours. A motion was made by Alderman Wolfer to amend the job description by changing the requirement from an Associates Degree to 64 credit hours; seconded by Alderman Burd. Motion to amend the job description approved by a roll call vote. Ayes -7 Nays -0 Spears -aye, Besco -aye, Leslie -aye, Wolfer -aye, James -aye, Ohare -aye, Burd -aye Motion to approve the resolution approved by a roll call vote. Ayes -5 Nays -2 Burd -aye, Spears -nay, Besco -nay, Leslie -aye, Wolfer -aye, James -aye, Ohare -aye The Minutes of the Regular Meeting of the City Council — December 27, 2005 — nage 7 Ordinance 2005 -100 Proposing the Establishment of Special Service Area 2005 -109 (Bristol Bay I) (ADM 2005 -19) A motion was made by Alderman James to approve an ordinance proposing the establishment of Special Service Area 2005 -109 (Bristol Bay I) and authorize the Mayor and City Clerk to execute; seconded by Alderman Wolfer. Alderman Besco commented that he asked for this to be removed from the Consent Agenda so that he could be consisted in voting against the SSA. Mayor Prochaska explained that this is the proposing ordinance which sets the date for public hearing and Alderman Ohare clarified that this does not give the developer the SSA. Alderman James clarified that the developer will identify how they will use the SSA at the public hearing. Mayor Prochaska stated that is was suggested that at the public hearing the City ask for a specific use for the freed up capital caused by the SSA. Alderman Burd asked if the City Council already passed Annexation Agreement that allows for S SA's to be established and Mayor Prochaska stated that this was one of the last subdivisions that was allowed to have an SSA rather than allow the developer to ask for an SSA. He reiterated that the City can stipulate the use of the SSA funds. Alderman Burd stated that she was sympathetic to Alderman Besco's position however the City cannot afford to vote against the SSA. Alderman Spears asked what would happen if the City Council became limited to what they approve and the developers are not please with this. She asked if the developers were legally bound to continue with their development. Mayor Prochaska stated he did not have an answer to this question. There was further discussion regarding the process of specifying what SSA's will be used for. Motion to approve the resolution approved by a roll call vote. Ayes -5 Nays -2 Besco -nay, Leslie -aye, Wolfer -aye, James -aye, Ohare -aye, Burd -aye, Spears -nay Ordinance 2005 -101 Proposing the Establishment of Special Service Area 2005 -108 (Autumn Creek) (ADM 2005 -20) A motion was made by Alderman James to approve an ordinance proposing the establishment of Special Service Area 2005 -108 (Autumn Creek) and authorize the Mayor and City Clerk to execute; seconded by Alderman Ohare. Motion to approve the resolution approved by a roll call vote. Ayes -5 Nays -2 Besco -nay, Leslie -aye, Wolfer -aye, James -aye, Ohare -aye, Burd -aye, Spears -nay ADDITIONAL BUSINESS Special Census Alderman Ohare asked if there was a time frame for receiving the funding generated by the Special Census. Deputy Clerk Olson explained that currently the special census was underway and it will take 45 days to perform. It will then another several months until the City sees the funding. Finance Director Pleckham stated that the City should see funds by April or May 2006. Happy New Year Mayor Prochaska wished everyone a safe and happy New Year. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into an Executive Session for the purpose of discussing the purchase or lease of real property for the use of the public body. He asked that the City Clerk Milschewski, City Treasurer Powell, City Attorney Wyeth, Interim City Administrator Crois and City Intern/Deputy Clerk Olson be included. He noted that no action would be taken after the session. So moved by Alderman Burd; seconded by Alderman James Motion to approve the resolution approved by a roll call vote. Ayes -7 Nays -0 Ohare -aye, Besco -aye, Burd -aye, James -aye, Leslie -aye, Spears -aye, Wolfer -aye The City Council entered into executive session at 7:52. The Minutes of the Regular Meeting of the Citv Council — December 27. 2005 — na e 8 The City Council returned to regular session at 8:35 ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Wolfer; seconded by Alderman Leslie. Motion approved by a viva voce vote. Meeting adjourned at 8:35 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois CITY COUNCIL MEETING December 27, 2005 PLEASE PRINT NAME: ADDRESS: fes Co /C/ 5 I i SIGNIN