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City Council Minutes 2005 11-08-05 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. NOVEMBER 8, 2005. Mayor Prochaska called the meeting to order at 7:04 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Absent Leslie Present Ward II Burd Present Wolfer Absent Ward III Ohare Present Mums Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Wyeth, Police Chief Martin, Director of Public Works Dhuse, Finance Director Pleckham and City Intern Olson. OUORUM A quorum was established. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into an Executive Session for the purpose of discussing: 1. 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. 2. The purchase or lease of real property for the use of the public body. He asked that the City Clerk, City Treasurer, City Attorney, City Intern and John Crois be included in the session. So moved by Alderman Besco; seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes -6 Nays -0 Ohare -aye, Besco -aye, Burd -aye, Leslie -aye, Munns -aye, Spears -aye The City Council entered into executive session at 7:05 p.m. The City Council returned to regular session at 7:20 pm. 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 None. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M., Monday, December 5, 2005 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Thursday, November 17, 2005 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M., Thursday, December 1, 2005 City of Yorkville Conference Room 800 Game Farm Road The Minutes of the Regular Meeting of the Citv Council — November 8, 2005 — nab Public Safety Committee 7:00 P.M., Thursday, November 10, 2005 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee T.B.A. PRESENTATIONS None. PUBLIC HEARINGS None. CITIZEN COMMENTS None. CONSENT AGENDA 1. Building Permit Report for August and September 2005 2. Resolution 2004 -77 — Routine IDOT Highway Permit and Resolution — Old Castle Bank — Entrance to Route 34 - authorize City Clerk to execute 3. Agreement for Bike Path Easement for Grande Reserve - authorize the Mayor and City Clerk to execute 4. Resolution 2005 -78 — Approving the Final Plat of Subdivision for Prestwick of Yorkville Unit 1 - authorize the Mayor and City Clerk to execute Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Leslie; seconded by Alderman Burd. Motion approved by a roll call vote. Ayes -6 Nays -0 Burd -aye, Leslie -aye, Munns -aye, Spears -aye, Ohare -aye, Besco -aye PLANNING COMMISSIONMONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman Ohare to approve the minutes of the City Council meeting of October 11, 2005, the Special City Council meeting of August 30, 2005 and the Committee of the Whole meeting from August 30, 2005; seconded by Alderman Leslie. Motion approved as corrected by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Ohare to approve the paying of the bills listed on the Detailed Board Report dated October 28, 2005 totaling the following amounts: checks in the amount of $1,389,904.25 (vendors); $160,903.58 (payroll period ending 10115105); for a total of $1,550,807.83 seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -6 Nays -0 Besco -aye, Burd -aye, Leslie -aye, Mums -aye, Ohare -aye, Spears -aye REPORTS MAYOR'S REPORT Employment Agreement for Interim City Administrator Mayor Prochaska entertained a motion to approve the hiring of Mr. John Crois as Interim City Administrator and to approve the "Short Term Employment Agreement, Interim City Administrator" as presented. So moved by Alderman Besco; seconded by Alderman Ohare. Alderman Burd stated that she was excited about Mr. Crois coming on board and she welcomed him to the United City of Yorkville. Mayor Prochaska stated that he looked forward to working with Mr. Crois. Motion approved by a roll call vote. Ayes -6 Nays -0 Spears -aye, Besco -aye, Burd -aye, Leslie -aye, Munns -aye, Ohare -aye The Minutes of the Regular Meeting of the Citv Council — November 8. 2005 — nab State Street Watermain — Davis Grant of Easement Mayor Prochaska entertained a motion to approve the "Grant of Permanent Easement, Watermain Easement Agreement" as presented. So moved by Alderman Leslie; seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes -6 Nays -0 Besco -aye, Burd -aye, Leslie -aye, Mums -aye, Ohare -aye, Spears -aye U Tag Levy Ordinance Schedule Mayor Prochaska reported that in an effort to keep everyone informed, the City Council should have received the Tax Levy Ordinance Schedule in their packets. City Hall Veteran's Day Schedule Mayor Prochaska reported that due to the Veteran's Day holiday on November 11, 2005, Committee of the Whole packets will be distributed on Thursday, November 10, 2005. CITY COUNCIL REPORT No report. ATTORNEY'S REPORT Robert's Rules 101 Attorney Wyeth went over the updated "Desk Guide" of the Robert's Rules (see attached). He recapped main and subsidiary motions and went on to list the five privileged motions which do not relate to pending business but pertain to special matters of immediate and overriding importance. He noted that he would be going into more detail regarding the privileged motions at future meetings. 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 Chief Martin reminded everyone that there was a tornado watch until 1:00 a.m. the next morning along with a severe thunderstorm watch until 3:00 a.m. the next morning. EXECUTIVE DIRECTOR OF PARKS & RECREATION REPORT No report. COMMUNITY & LIAISON REPORT Library Expansion Report Tom Lindblom addressed the City Council with a progress report for the library expansion. He reported that as he is overseeing the expansion, he is compiling a scrap book of events which is available at the library's front desk. He reported that the Library Board brought him on board as a liaison between the Board and the contractors. The first thing he did was to develop a schedule for bid documents, awarding the contract, etc. He stated that there has only been one glitch in the (� schedule due to a ten day delay with a bid opening due to some last minute changes from the architect. The formal bid opening was on August 29, 2005. Eleven general contractors submitted bids and the project was awarded to Henry Brothers of Hickory Hills who is currently in the process of finding subcontractors. On October 18, 2005 the formal ground breaking was held and the next day they began moving dirt. He explained that there are two parts of this project; one is the addition to the current library and the other is a detention pond on the south side of Yorkville High School. The detention pond is being made larger to accommodate water run -off from the library and the fixture Game Farm Road reconstruction. The work on the detention pond is partly done and the fill from the detention pond is being used to create the pad for the library addition. The Minutes of the Regular Meeting of the Citv Council — November 8. 2005 — Aage 4 Mr. Lindblom reported that construction began at the west wall and is moving clockwise. The west and north footings have been poured and the east footings have been formed and are scheduled to be poured tomorrow depending on the weather. The west foundation wall has also been formed. Mr. Lindblom asked the City Council if they had any questions and stated he would be happy to come back in the future with further updates. Mayor Prochaska stated that he would like Mr. Lindblom to come back in the future because he is very informative and this helps keep the Council aware of the progress. Mr. Lindblom stated that he was also pleased to report that the Library has received great cooperation from various groups such as the City staff, School District, etc. Alderman Besco asked if all the soil from the detention pond was being used. Mr. Lindblom stated that not all the soil will be used and there have been people who have asked for the fill including a contractor in Oswego who is willing to haul it away. Senior Providers Alderman Spears reported she attended the Senior Providers meeting on November 1, 2005. Items discussed were: • The Kendall County Emergency Response Department program for evacuating homebound individuals in the event of an emergency situation. A Special Needs Advisory Panel is being developed to help identify the individuals who are unable to get out of their home unassisted within a one hour time span. Ted Joyce from the department attended and spoke to the group. • The Kendall County Emergency Response Department is looking for volunteers for an exercise being held on November 17, 2005 from 1:00 to 4:00 p.m. The exercise will be held at the Kendall County Heath Department and will involve a drill for distributing mass antibiotics. Volunteers are needed to be `victims ". Anyone interested should contact Mr. Joyce at the Kendall County Heath Department. • The 17' Annual Kane County Legislative forum addressing various senior issues is being held on December 2, 2005 from 9:00 to 11:00 a.m. in St. Charles, Illinois. o Identa Austin has been selected to be a representative to the Illinois White House Conference on Aging next month. She is one of thirty -five chosen in Illinois. Metro West Meeting Mayor Prochaska reported that he attended his first Metro West meeting where issues of water supply and legislative concerns were discussed. He reported that Engineering Enterprises Inc. (EEI) also attended the meeting. Also, Metro West has a legislative committee available to investigate legislative issues for the communities in the group. Kane/Kendall Council of Mayors Mayor Prochaska reported that he attended the Kane/Kendall Council of Mayors where a representative (Marilyn Michelins of Montgomery) was chosen to sit on the Chicago Area Transportation Study (CATS) board. This is the group affiliated with the grant for improvements on Game Farm Road. Prairie Parkway Mayor Prochaska reported that he met with some of the members of the Prairie Parkway team. He stated that the Kendall County Mayors and Manager group of which he was a member is being disbanded and it is being replaced with an advisory group consisting of the county board chairmen from Kane, Kendall and Grundy Counties and all the mayors for all the communities along the parkway which includes Yorkville. He reported that there are now two routes being considered and he stated that he would keep the Council advised of any new information. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. The Minutes of the Regular Meeting of the Citv Council — November 8, 2005 — page 5 ADDITIONAL BUSINESS Alderman Besco thanked the Public Works Department for their work with the leaf vacuum. He stated that he has received a lot of positive comments from the public regarding this. Mayor Prochaska agreed with Alderman Besco and reported that he received a voice mail before the meeting from a citizen expressing his pleasure with the service being provided. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Leslie; seconded by Alderman Spears. Motion approved by a viva voce vote. Meeting adjourned at 7:45 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois CITY COUNCIL MEETING November 8, 2005 PLEASE PRINT NAME: ADDRESS: MAC GLVAv E7L y I i SIGNIN � I DESK GUIDE Version Dated 11.8.2005 Parliamentary Procedures (Page Citations are to Robert's Rules of Order, 10 Edition, Perseus Pub., Oct 2000) HANDLING A MOTION (Sec. 4, Pages 31— 54) 1 Three steps to bringing a motion: 1. A member makes the motion 2. Another member seconds the motion 3. The chair states the question on the motion Three further steps in consideration of the motion: 4. Members debate the motion 5. The chair puts the question to a vote 6. The chair announces the result of the vote DESCRIPTIONS AND CLASSIFICATIONS OF MOTIONS (Generally Sec. 6 pgs 59 — 76, Detail found in Sections 10 — 37, Pages 95 -- 324) 1. MAIN MOTION General Description in Section 6 (pg 59), Detailed Description in Section 10 (pgs 95 - 120). "A main motion is a motion whose introduction brings business before eh assembly. " "A main motion can only be made when no other motion is pending. " Page 59 2. SUBSIDIARY MOTIONS (7) General Description in Section 6 (pgs 60 -64), Detailed Description in Sections 11 - 17 (pgs 121 — 210). 1. Postpone Indefinitely (pg 60, and Section 11, pgs 121 -124) "Motion that the assembly decline to take aposition on the main question Its adoption kills the main motion and avoids a direct vote on the question. It is useful in disposing of a badly chosen main motion that cannot be either adopted or expressly rejected without possibly undesirable consequences. " (pg 121) 2. Amend (pg 60, and Section 12, pgs 125 -159) i "A motion to modify the wording —and within certain limits the meaning—of pending motion before the motion itself is acted upon." (pg 125) 3. Refer to a Committee (pg 61, and Section 13, pgs 160 -171) "Motion used to send a pending question to a relatively small group of selected Persons — a committee — so that the question may be carefully investigated and Put into better condition for the assembly to consider" (pg 160) 4. Postpone to a Certain Time (pg 61, and Section 14, pgs 172 -182) "Motion by which action on a pending question can be put off, within limits, to a Definite day, meeting, or hour, or until after a certain event. " (pg 172) 5. Limit or Extend Debate (pg 61, and Section 15, pgs 183 -188) " One of two motions (the other being Previous Question) that can exercise special control over debate on a pending question or a series of questions: 1) limit number of speeches, 2) set an ending time." Requires a two- thirds vote [since it cuts off debate] Two - Thirds of 8 is 5.3, meaning that it takes six of eight votes. (5 of 7; 4 of 6; 4 of 5) (Pg 183) 6. Previous Question (pg 61, and Section 16 pgs 189 -200) "Motion to immediately close debate to take a vote on one or more pending questions One of two motions (the other being Limit or Extend Debate) that can exercise special control over debate on a pending question or a series of questions" Requires a two- thirds vote [since it cuts off debate] Two - Thirds of 8 is 5.3, meaning that it takes six of eight votes. (5 of 7; 4 of 6; 4 of 5) (Pg 189) 7. Lay on the Table (pg 61, and Section 17, pgs 201 -210) i "Motion enables the assembly to lay the pending question aside temporarily when Something of immediate urgency has arisen, in such a way that: 1) there is no set time for taking the matter up again, but 2) its consideration can be considered at the will of the majority and in preference to any new questions that may be competing with it for consideration. Brought back by a motion to "Take from the Table." (pg 201) I 3. PRIVILEGED MOTIONS (5) General Description in Section 6 (pgs 64 -66), Detailed Description in Sections 18 — 22 (pgs 211 - 239). Page 64: Unlike Main and Subsidiary Motions, Privileged Motions do not relate to pending business, but have to do with special matters of immediate and overriding importance. 1. Orders of the Day: If the adopted program or order of business is not being Followed, a single member by making a "Call for the Orders of the Day" can require the schedule to be enforced — which will occur unless the body, by 2/3 vote approves a motion to set the orders of the day aside. (Page 64) (Details @ Section 18, Page 211) i I i 2. Raise a Question of Privilege: "If a pressing situation is affecting a right or Privilege of the assembly or of an individual member (for example, noise, inadequate ventilation, introduction of a confidential subject in the presence of quests, etc.), a member can "Raise a question: of Privilege" which permits him to interrupt pending business to state an urgent request or motion." (Pge 65) "If the matter is not simple enough to be taken care of informally, the chair then makes a ruling as to whether it requires consideration before the pending business is resumed. (Pg 65) (Details @ Sec. 19, page 216) 3. Recess "A short intermission in a meeting, even while business is pending, can be proposed by Moving to Recess for a specific length of time. (pg 65) Majority Vote (Details @ Section 20, page 222) 4. Adjourn: "Terminates the meeting, even if questions are pending by a motion to adjourn. Unfinished business is carried over to the next meeting." (pg 65) Majority Vote (Details @ Section 21, page 225) 5. Fix a Time to Which to Adjourn: "The setting of the date, hour and place for the next meeting." I move to Fix the Time to Which to Adjourn. (pg 65) Majority Vote (Details @ Section 22, page 234) 4. INCIDENTAL MOTIONS (11) General Description in Section 6 (pgs 66 - 72), Detailed Description in Sections 23 - 33 (pgs 240 - 288). 5. MOTIONS THAT CAN BRING A QUESTION BEFORE THE BODY AGAIN (4) General Description in Section 6 (pgs 72 -76), Detailed Description in Sections 34 - 37 (pgs 289 - 324). i