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City Council Minutes 2004 01-13-04 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, JANUARY 13, 2004. Mayor Prochaska called the meeting to order at 7:00 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Stickaa, Present Ward II Burd Present (left at 7:20 — returned at 7:30) Kot Present Ward III Munns Present Ohare Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, City Administrator Graff, City Attorney Dan Kramer, Police Chief Martin, Director of Public Works Dhuse, Executive Director of Parks & Recreation Brown and Finance Director Pleckham QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska welcomed guests and asked those present to enter their name on the attendance sheet provided. AMENDMENTS TO THE AGENDA Alderwoman Spears asked to move Item 41 of the Consent Agenda, Acceptance of Fox Hill Units 1, 2,3,4,6 and Route 34 Improvements, to the Public Works Committee Report so that it could be further discussed. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M., Monday, January 26, 2004 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Thursday, January 15, 2004 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M., Thursday, February 12, 2004 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M., Thursday, January 22, 2004 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee To Be Announced City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Tourism Committee Alderwoman Burd announced that the Committee has concluded its business and will not be meeting anymore. The Committee will present a report to the Council. PUBLIC HEARINGS None. PRESENTATIONS Yorkville Moose Lodge #2371 Defibrillator Donation Members of Moose Lodge #2371 presented a check to Mayor Prochaska and Police Chief Martin to be used toward the purchase of a defibrillator to be used in a patrol car. They also have ordered a dozen Tommy Moose stuff animals to be donated to the Police Department to be The Minute f the Regular Meeting f the i nil — n 13 2004 - 2 Minutes o gu � o e C tv Council Ja uary nab used for children involved in accidents. CITIZEN COMMENTS None. CONSENT AGENDA 1. O'Keefe Waterman Easement - authorize the Mayor and City Clerk to execute 2. North Water Tower Change Order 42 — authorize increase in an amount not to exceed 55.535.00 and for City Engineer to execute 3. September and October 2003 Water Reports 4. Well #7 Drilling Change Order #2 — authorize extension of completion date to January 20, 2004 5. City Hall Parking Lot Change Order #2 — accept decrease of $8, 054 22 and authorize City Engineer to execute 6. Police Reports for November 2003 7. Investment Policy Mayor Prochaska entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Sticka; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -8 Nays -0 Burd -aye, James -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye, Ohare -aye, Besco -aye PLANNING COMMISSION /ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderwoman Spears to approve the minutes of the City Council meetings from November 25, 2003, December 9, 2003 and December 23, 2003; seconded by Alderman James. Motion approved by a viva voce vote. Alderwoman Spears noted that the day was incorrectly noted as "Monday" on the heading of all three sets of minutes and should be corrected to read "Tuesday ". A motion was made by Alderwoman Spears to approve the minutes of the Committee of the Whole meeting from October 7, 2003; seconded by Alderman Besco. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderwoman Spears to approve the paying of the bills listed on the Detailed Board Report dated December 19, 2003 totaling the following amounts: checks in the amount of $316,781.64 (vendor); $132,575.87 (payroll period ending 12/31/03) for a total of $449,357.51; seconded by Alderman James. Motion approved by a roll call vote. Ayes -8 Nays -0 Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye, Ohare -aye REPORTS MAYOR'S REPORT Committee of the Whole Packets Mayor Prochaska reported that Committee of the Whole (COW) meeting packets will be out Thursday, January 15, 2004 due to the holiday on Monday, January 19, 2004. Information for the packets has to be in to the Clerk's office by tomorrow, January 14, 2004. Census Numbers Mayor Prochaska reported that he received the preliminary special census number from the Census Bureau and currently the preliminary population is at 8,749 people and they are estimating preliminary housing units at 3,321. Finance Director Traci Pleckham stated that the increase in population should increase revenues by approximately $200,000.00. The increased The Minutes of the Regular Meeting of the Citv Council - January 13, 2004 - va e 3 � g � revenue will probably not be seen for approximately five months. The cost of the Special Census was just under the budgeted amount of $20,800.00. Coffee with the Mayor Mayor Prochaska reported that Cafd 47 will be hosting Coffee with the Mayor on Saturday, January 17, 2004 from 10:00 A.M. to Noon. Cafe 47 is located at 137 Garden Circle, next to Roger's Flooring. Polar Plunge Mayor Prochaska reported that Yorkville is sponsoring a Polar Plunge to raise funds for the Special Olympics. It will be held on March 6, 2004 at the Silver Springs State Park and Sheriff Richard Randall will be the honorary chairperson. Police and City staff have committed to be involved in the plunge and they are looking for additional volunteers. Any questions can be directed to Officer Greg Sibenaller or the Park and Recreation Department. Chamber of Commerce Drawing Mayor Prochaska reported that it is the final week to purchase tickets from the Chamber of Commerce to win a 2004 Ford Mustang. The tickets are $10.00 and the drawing is January 22, 2004. This is a fund raiser for the Chamber. ATTORNEY'S REPORT Sprint Contract Attorney Dan Kramer reported that the Sprint Contract was scheduled to be on the agenda tonight however he spoke with the representative from Sprint and she asked if it could be placed on the January 27, 2004 City Council meeting agenda. Even though they do not have a problem with the changes the City Council requested regarding reimbursing City employees for overtime, the changes need to get approved by Sprint. 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 Watermain Breaks and Boil Order Director of Public Works Eric Dhuse reported that the boil order issued Saturday, January 10, 2004, after the water main break in the area of East Main Street and Colton Avenue has been lifted. He reported that there was also a water main break on Sunset Avenue but that this break did not result in a boil order. He thanked the Public Works crew for their good work with both breaks and snow removal. Snow Parking Ban Mr. Dhuse reminded residents that there is a Snow Parking Ban after two inches of snow. Cars will be ticketed if not removed from the street after a snow fall. Mayor Prochaska also thanked the Public Works Department for their efforts on the water main break on E. Main Street. He explained that it was an eight—inch main that broke which caused a significant loss of water pressure. The crew's swift action resolved the problem and only fourteen homes were under the boil order rather than the whole City. CHIEF OF POLICE REPORT Project Childsafe Police Chief Harold Martin reported that the Yorkville Police Department will be participating in ^� Project Childsafe which is a nationwide firearm safety program. The Police Department will have free gun locks available for anyone interested. The locks will prohibit anyone from firing the weapon they are placed on. Moose Donation Chief Martin reiterated the Mayor's thanks to the Moose Club for their donation of $1,400.00 to be used on a defibrillator. He thanked the Moose Club, Mayor Prochaska for his role in the donation and Alderwoman Spears for starting the program. EXECUTIVE DIRECTOR OF PARKS & RECREATION REPORT No report. The Minutes of the Regular Meeting of the Citv Council - January 13, 2004 - na e 4 COMMUNITY & LIAISON REPORT Library Board Alderman Sticka reported that the architect for the Library expansion project gave a presentation at the Library Board meeting on January 12, 2004 and will be also give a demonstration to the City Council at an upcoming City Council meeting. YEDC Mayor Prochaska reported that at the last Yorkville Economic Development Corporation meeting it was discussed that they were contacted about a recommendation for a new hospital in Plainfield, Illinois. The YEDC stated that they were not supporting the new hospital as an asset to the United City of Yorkville. Their reasons were that the proposed location of the new hospital is fifteen miles from Yorkville which is approximately the same distance as other hospitals in the area and it is proposed for an area already well covered by existing hospitals. They recommended that the location of the new hospital be more centrally located in Kendall County and possibly located in Yorkville. COMMTTEE REPORTS PUBLIC WORKS COMNu ji i , hh REPORT Fox Hills Subdivision - Final Acceptance A motion was made by Alderman Besco to accept Units 1,2,3,4 and 6 of the Fox Hill and the Route 34 Improvements and to authorize the Mayor and City Clerk to sign the documents; seconded by Alderman Sticka. Alderwoman Spears asked for clarification on the check in the amount of $2,194.24 that was received from the developer, Paul Dresden. She stated that she had back -up paperwork regarding this and she could not come up with the same total. Her figure was for $616.21 more. Administrator Graff stated that the check amount included a watermain break and two outstanding engineering bills. City Engineer Joe Wywrot checked the figures, approved the amount and recommended acceptance. Alderman Sticka asked if the acceptance of this was dependant on the correct amount. Attorney Kramer stated that the City would need to make sure that the developer paid the correct amount. Alderwoman Spears asked to bring the item back to the next City Council meeting. Mr. Graff suggested that the motion be approved pending verification of cost as he was highly confident that Mr. Wywrot's figure was correct. Attorney Kramer stated that the final acceptance could be passed subject to verification and if there are additional amounts owed, the developer will be invoiced for the difference. Mayor Prochaska noted that Unit 7 of Fox Hills was still outstanding so it might be possible this was affecting Alderwoman Spears figure. A motion was made by Alderman Sticka to amend the motion on the floor to include verification and adjustment of the final figures of the check due the City; seconded by Alderman Mums. Amendment to the original motion approved by a roll call vote. Ayes -7 Nays -0 Sticka -aye, Besco -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye Alderman Munns asked if all the manholes had been cleaned out in the development. Administrator Graff stated that they were and the developer claims he is not responsible for this cost however it was explained to him that he is. Alderwoman Spears asked for copies of the documentation so she could review it. Original motion approved by a roll call vote. Ayes -7 Nays -0 Spears -aye, Sticka -aye, Besco -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye ECONOMIC DEVELOPMENT COMMITTEE REPORT (Ordinance) 2004 -01 Authorizing Execution of the Raintree Village PUD Agreement A motion was made by Alderman Sticka to approve an ordinance authorizing the execution of an amendment to the Planned Unit Development agreement between the United City of Yorkville and Raintree Village, LLC, Owner/Developer and to authorize the Mayor and City Clerk to sign the agreement; seconded by Alderman Besco. Alderman Sticka noted that the amendment is for park land that will be given back to the developer for a community building. The Park Board has agreed to this. Attorney Kramer stated that the developer agreed to make a change to the amendment stating that homeowners cannot sell off the club house for another use; it always has to be maintained for recreational purposes. The Minutes of the Regular Meeting of the Citv Council — January 13, 2004 - ua eg_5 Motion approved by a roll call vote. Ayes -8 Nays -0 James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka -aye, Besco -aye, Prochaska -aye (Ordinance) 2004 -02 Authorizing the Execution of the Maxwell Annexation Agreement A motion was made by Alderman Sticka to approve an ordinance authorizing the execution of an annexation agreement between the United City of Yorkville and Gary and Lelalu Maxwell and authorize the Mayor and City Clerk to execute the agreement; seconded by Alderman Kot. Alderman Sticka noted that this property is the Kendall General Store located on Route 71. Motion approved by a roll call vote. Ayes -8 Nays -0 Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka -aye, Besco -aye, James -aye, Prochaska -aye (Ordinance) 2004 -03 Annexing Maxwell Property A motion was made by Alderman Sticka to approve an ordinance annexing the properties of Gary and Lelalu Maxwell; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes -7 Nays -0 Munns -aye, Ohare -aye, Spears -aye, Sticka -aye, Besco -aye, James -aye, Kot -aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Employee Manual A motion was made by Alderwoman Spears to approve the Employee Manual dated January 13, 2004 with an effective date of February 1, 2004; seconded by Alderman Sticka. Alderwoman Ohare commented that she read the manual cover to cover and there were a few things she had questions about and a few things she disagreed with. She questioned if the manual should be passed tonight. Alderman Sticka asked which things in particular she disagreed with. Alderwoman Ohare listed the following items: • Page 2, Section 1.3.2, Mayor —She felt that one person could perform the evaluation however one person should not be the sole decision maker, someone else should be involved with the review. • Page 2, Section 1.3.3, Department Heads; #6 —She felt that the City Council should be able to review the information for promotions, demotions or discharge presented to the Mayor by the Department Heads. • Page 2, Section 1.3.3, Department Heads; #7 — She disagreed that Department Heads shall supervise, develop and maintain the personnel system and that the City Administrator shall prepare requests for policy changes or recommendations to the Mayor. • Page 8, Section 3.3.2. Definition and Descriptions — She questioned the wording of the last sentence in this section; "asked to do so by the City ". She asked who the "City" referred to. • Page 11, Section 3. 10, Workplace Inspections — She felt that the wording in paragraph two of the section does not match the wording in the third paragraph. The second paragraph states that the City reserves the right to conduct inspections however the third paragraph states that only law enforcement personnel will conduct such inspections. Mayor Prochaska noted that Workplace Inspections have been discussed many times and the third paragraph deals with the suspicion of criminal acts or threat of violence which specifically has to -� go through the Police Department whereas the second paragraph deals with something that may not be a criminal act. Alderwoman Ohare asked if a brief case or purse would be searched if a theft of City property was suspected and Mayor Prochaska stated yes. Attorney Kramer clarified that theft was a criminal act. Alderwoman Spears commented that changes regarding this section were submitted to the labor attorney however the changes were not incorporated in the copy of the manual the Council had before them for a vote. She stated that there are other items that are not in the proper place or that have been omitted. Alderwoman Ohare continued: • Page 16, Section 4.4, Computer and Telephone Communication Systems — She felt that the Palm Pilots should be addressed in this section. The Minutes of the Regular Meeting of the Citv Council — January 13, 2004 - na e 6 • Page 19, Section 5.2.2, Disciplinary Procedures — She stated that she did not have a problem with the Mayor approving every discharge however she felt occurrences such as this should be reviewed by the Council. Mayor Prochaska stated that the wording of this item was directed by law not something he requested. He stated that he does not have a problem asking the Council for input however the present Council cannot pass something that will force future Mayors or Councils to enforce if it is not legal. Mayor Prochaska suggested that the wording be changed to read "Prior to taking action to determine approval of terminating a full-time, non -sworn City employee, the Mayor may review with and seek advisory input from the City Council." This allows the Mayor to ask input from the Council. Attorney Kramer stated that this wording does not violate any laws. Alderwoman Ohare agreed with the Mayors new wording. • page 20, Section 5.3, Grievance Procedure — She stated that she was not trying to take authority away from the Department Heads however she felt that the City Council should be informed and aware of any action taken by the Mayor. Alderwoman Ohare stated that her disagreements with the manual were not elaborate however she felt there are a few areas of concern that should be addressed before the manual is approved. Alderwoman Burd stated that she read the state statute and the City Council includes the Mayor along with the aldermen. She stated that the way she understood the statute, corporate authorities can make ordinances that cover the relationships of the officers and to regulate officers. Attorney Kramer stated that the way local government is created alderman have authority as delegated by the state statute; local governmental bodies are jurisdictions with limited authority as delegated by the state legislature. Alderwoman Burd quoted state statute 65 ILCS Chapter 24 Section 3.1 -35 -10 which states that any officer removed by the Mayor can be reinstated by the City Council with a 2/3's vote not sooner than five days but not less than ten days after removal. Said employee will be reinstated with back pay and cannot be removed twice for the same offense. Alderwoman Burd stated that the statute continued by saying that the Council has the right to request from the Mayor the reasons why he dismissed the employee and if he refuses to give the reasons that the Council, by a 2/3's vote, can reinstate the employee if they so wish. She stated that she came across court cases where this was upheld. Attorney Kramer stated that there is a difference between "officers" and "employees ". Alder Burd questioned what invests the Mayor with the power of hiring or firing; was it because according to state statute he has the power of appointment? Mayor Prochaska explained that the Mayor is the chief executive officer of the City according to state statute and as such he is responsible for making sure all laws are enforced. The Council sets the steps for dismissal and the Mayor cannot deviate from the rules. The Council cannot put themselves in as a jury because they are legislators. Alderwoman Burd stated that the statute says the Council can do this for municipal officers so couldn't it be inferred that they could reinstate a fired employee. Attorney Kramer stated that this cannot it be inferred because the Council cannot go beyond the authority granted to them. He disagreed with Alderwoman Burd. Alderman Sticka stated that he reviewed cases where boards were attempting to interfere with or object to what the Mayor was trying to do. He stated that case law was cited which stated that the board did not have the authority to do this because it was an attempt to change the current government. Attorney Kramer stated that Seyfarth and Shaw (labor attorneys) stated that the Mayor has the sole authority to hire or dismiss employees. He stated on the hiring side of things, he doesn't know of any city that does this. The United City of Yorkville handles these situations in a typical manner whereas the Council has input with the job description. Most cases involve dismissal or the Mayor's nomination of department heads. The City Council can vote against the Mayor's nomination. Alderwoman Burd stated that in the instance of City Attorney's the Mayor can appoint an attorney and if the Council does not approve, they can appoint their own legal counsel. Alderman Sticka stated that whatever the Council's feeling on the manual are, they are obligated to follow the law. He stated that he did not intend to go against the legal opinion of the labor attorneys. Alderwoman Burd questioned the City code, Item 1.6.2 gives the City Council the authority to remove any official appointed by the Mayor with a 2/3's vote. Attorney Kramer stated that this is not enforceable and should be brought into compliance with state law. Mayor Prochaska stated that he questioned the change in the manual which took out the City Council. He asked what The Minutes of the Regular Meeting of the Citv Council — January 13. 2004 - nab would happen if the old manual was followed and the labor attorney stated that the decision by the Council could be challenged because the law has changed and the Council does not have the authority to fire an employee. Alderman Besco stated that he felt in matters of the final dispensation of an employee, the Mayor and City Council should be eliminated from the procedure and the matter should go before an independent arbitrator. Mayor Prochaska stated that this takes statutory power away from the Mayor. Attorney Kramer stated that a policy could be developed encouraging an arbitrator as an alternative dispute resolution as long as the Mayor, Council and employee agreed. This could be used on a case to case basis. However, if this procedure is placed in an ordinance, this delegates power that future Mayors and/or Councils don't have to honor. The employee manual has the same force as an ordinance. Alderwoman Spears thanked Alderwoman Ohare for her input. She stated that she has been working on the manual with the A dministra tion Committee meeting for over a year. She stated that she requested that the manual not be voted on this evening because it was not ready. She stated that the January 2, 2004 letter from Attorney Robert J. Smith, Jr. of Seyfarth Shaw LLP contradicts his September 27, 2003 letter to Administrator Graff and the July 31, 2003 memo from Attorney Abigail Rogers to Attorney Kramer. She distributed four packets of information regarding the manual and read from Attorney Rogers July 31, 2003 memo to Attorney Kramer: "What has not changed in the Employee Manual are the provisions requiring action by the City Council and Mayor for termination to be effective. Since the City Council and the Mayor are the final decisionmakers, there should be no need for a post - termination appeal procedure. The City Council may use its authority under Illinois Open Meetings Act, 51LCS 102/2(c)(1), to go into closed session to discuss the employment of specific individuals to collect all the information it needs to reach a decision concerning a supervisor's recommendation to terminate an employee and to deliberate thereon. A thorough review before action is taken would seem to minimi the need for post - action review ". Alderwoman Spears noted that this clearly states City Council. Alderwoman Spears stated that the final draft as presented was reviewed, discussed and revised by the Administration Committee meeting for over a year. The manual was reviewed, discussed and revised during two separate COW meetings. At the Mayor's and Administration Committee's recommendation, she and Alderwoman Burd met with Administrator Graff for a final review and revision of the manual; it was then submitted to the Mayor for his final review. The Administration Committee requested that any additional changes by the labor attorney would have to be accomplished by written confirmation from the labor attorney stating that he made the changes along with the legal reasons for them. The Committee requested confirmation because changes had previously been made by staff which were then presented as coming from the labor attorney. The manual was scheduled to return to the Administration Committee for final review and verification of the changes being incorporated. The manual did not return to the A dministra tion Committee meeting but went on to the January 6, 2004 COW meeting. Alderwoman Spears stated the she commented at this time that the manual was not ready to be voted on and asked what the hurry was. She stated that Mayor Prochaska replied that the employees are asking for it. Alderwoman Spears stated that at the January 6, 2004 COW meeting, Attorney Smith's January 2, 2004 letter was distributed. At this meeting, a recommendation was made to bring the manual back to the Administration Committee for final review. At the Mayor's suggestion and the consensus of the Council, the manual was placed on tonight's agenda. She alerted the Council to review the documents that she distributed because afterward they would agree with her that the manual is not ready for a vote. She stated that after thoroughly reviewing the document in front of the Council tonight, she found that it did not have the labor attorney's most recent recommendations; they have been omitted. She stated that she was willing to go item by item through the document in order to make sure those comments are incorporated. She stated that the document has been reviewed by the labor attorney many times however they are now saying that the Council has no right to be reviewing things such as grievances. Alderwoman Spears stated that during the October Administration Committee meeting many office environment concerns were raised by several staff members. Specific concerns were brought up to the Administration Committee and upon discussion of the concerns the Committee recommended that an Alderman would meet with the staff members who raised the concerns in a workshop atmosphere. This suggestion was brought to the Committee by the Mayor and City Administrator. Alderwoman Spears stated that she was asked to contact the staff members who raised the concerns and arrange a mutual time to meet which she did along with inviting other aldermen to attend however most of the aldermen were unable to attend due to prior commitments. Alderman Besco accompanied Alderwoman Spears to the meeting. Staff expressed concerns regarding communication between department heads and staff. She was told i The Minutes of the Regular Meeting 9f the Citv Council — January 13. 2004 - Daze 8 that management realized there was a problem and this would be addressed. During the November Administration Committee meeting, the specific issues that were discussed in the employee workshop were addressed by the Committee. A follow-up meeting with the staff members was recommended to be held in the next two weeks so that they would be aware of any action to be taken. The Mayor and City Administrator agreed to the follow -up meeting. She stated that to her knowledge this follow -up meeting was not held. She stated that several of the individuals did meet with the City Administrator or their immediate supervisor in a general type meeting however the specific issues were not addressed. Alderwoman Spears stated that on December 17, 2003 she met with the Mayor and City Administrator where some of the problems, possible solutions and staffing needs were discussed. Other meetings were scheduled that evening so their meeting was short. Alderwoman Spears stated that she expressed her concern that time did not allow for discussion of all the concerns. She requested another meeting to continue the discussion. Alderwoman Spears stated that Mayor Prochaska assured her that issues were being addressed, things were under control and he did not feel another discussion was required. She stated that it is her opinion in regards to the City offices that "there appears to be a fire that is currently smoldering and simply covering it up with a blanket is not going to put it out." She state that bypassing the manual as presented would be a poor vote from the Council. Mayor Prochaska stated that at the January 6, 2004 COW meeting it was not his recommendation that the manual come to City Council for a vote but rather back to -another COW meeting. He wanted that City Council to review the document and make recommendations if needed. Some of the Council requested that since the manual had been on the floor for so long that it move forward. Alderman James stated that he recommended moving the manual forward. He noted that the document has been discussed and reviewed for over a year and he felt that a document of this size would always have something in it that someone would want to look at closer. He felt that the Council should look at the document as a whole because it is in good shape to approve. Mayor Prochaska stated that the last time the manual was given to the labor attorney he gave him the manual that the Administration Committee had marked up with corrections and revisions. He asked Attorney Smith to review it and present it back in a final draft which he did. Mayor Prochaska stated that there was a recommendation for the Administration Committee to meet with staff however he thought it was to discuss possible policy issues that could be worked on by the Committee. He stated that he has yet to see a policy brought before the Council based on that meeting however he has seen other request come out of the meeting such as those to promote certain employees. He stated that he would still like to work on policy issues with the Council. Mayor Prochaska noted that the City Administrator is working on communication by issuing a bi- weekly report to the Council and staff. Employee meetings are now being held as well as department meetings. The staff meetings are scheduled the day after City Council meetings. Mayor Prochaska stated that there are no major problems in the City and there will be employees who are not happy from time to time. This happens at any place of employment. He stated that people should try to make the best of the situation. He stated that not everything is perfect in the world but people are trying their best to put things in place including the best rules that hopefully every one, including the council, will abide by. He stated that he has addressed Alderwoman Spears memos to him; some even have been discussed at public meetings. He also has both the city and labor attorney reviewing things brought up by Alderwoman Spears which is costing the City money. He stated that he did not have a problem bringing the manual back to a COW meeting in order to insure that it is the best that the City can have at this time. He asked that the Council put their thoughts down and be constructive in order to get the employee manual to a point where it is acceptable and then move on. Alderman Munns asked for clarification regarding the changes given to the labor attorney which are not included in the manual. He asked if the labor attorney omitted changes that were not appropriate. Mayor Prochaska stated that this was correct. Alderwoman Spears stated that the changes were not all put into the document and it was not altered by the labor attorney. She also noted that his decisions contradict earlier decisions. Alderman Munns stated that he agreed that the Council has to start somewhere and the manual is not going to be a perfect document. He stated that he felt that the United City of Yorkville is a good place to work. He cited benefits such as $1.00 /month health insurance, fourteen paid holidays and triple time for working holidays. The Minutes of the ReLyular Meeting of the Citv Council — January 13, 2004 - nab Alderwoman Burd pointed out that she and Alderwoman Spears took time off from their jobs to go over the manual. She stated that she was disappointed that none of the changes they recommended such as grammar and typographical errors were addressed. Some of recommendations concerned clarification of confusing passages. She stated that she was disappointed on how staff handled their recommendations. She stated that she did not feel that the manual is that far off however she felt it still needed some "tinkering ". She agreed with - Alderwoman Spears that there are things going on with City employees that she is not happy with and she stated that she is not ready to give up powers that the Council has in the current manual. Alderman Sticka commented on the meeting that Alderwoman Spears had with the employees. He stated that he was not invited to the meeting however he was in City Hall while the meeting was taking place. He stated that it bothered him that two aldermen appointed themselves to represent the whole Council and that they took City employees away from their jobs to a closed room meeting. He also asked if the Attorney General should be asked for his opinion on the employee manual regarding the separation of powers. Attorney Kramer stated that when things such as annexation agreements are brought to the Council, the staff and attorneys make an effort to bring a document that the Council does truly recommend. He stated that Alderwoman Spears has indicated that there are many paragraphs that were recommended but that are not included in the manual and that taking the manual back to the COW is very practical. He recommended that the Council divide their comments about the last draft into three sections; clerical errors, minor clarifications and major policy disputes. This would give a framework for discussion at the COW meeting. A motion was made by Alderwoman Burd to table the Employee Manual for discussion at the next Committee of the Whole meeting; seconded by Alderman James. Motion approved by a roll call vote. Ayes -8 Nays -0 Besco -aye, Burd -aye, James -aye, Kot -aye, Ohare -aye, Munns -aye, Spears -aye, Sticka -aye J ADDITIONAL BUSINESS None. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into executive session to discuss the purchase or lease of real property for the use of the public body. He asked that the City Clerk, City Treasurer, City Administrator and City Attorney be included in the session. He also noted that there would not be any action taken after the session. So moved by Alderman James; seconded by Alderwoman Ohare. Motion approved by a roll call vote. Ayes -8 Nays -0 Ohare -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye The regular session broke at 8:34 P.M. The Council took a ten minute break. The City Council returned to regular session at 9:05 P.M ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Besco; seconded by Alderman James. Motion approved by a viva voce vote. Meeting adjourned at 9:06 P.M. Minutes submitted by: ) , Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois CITY COUNCIL MEETING JANUARY 13, 2004 PLEASE PRINT NAME: ADDRESS: Z8 ALWA w6p) To ;t, �t'I K b)o off" 6v! Nets ✓ow 1 1 `^ v SIGNIN