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City Council Minutes 2004 12-28-04 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. DECEMBER 28.2004. Guest Mayor Bill Roberts of the City of Plano 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 Absent Sticka Absent Ward II Burd Present Kot Present Ward III Ohare Present Munns Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Administrator Graff, City Attorney Dan Kramer, Police Lieutenant Schwartzkopf, Director of Public Works Dhuse, Finance Director Pleckham, and Executive Director of Parks & Recreation Brown. OUORUM A quorum was established INTRODUCTION OF GUESTS Mayor Roberts 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 Spears asked that Item #1 — Resolution Approving the Tuition Reimbursements Policy and Item #2 — Resolution Approving the Volunteer Sick Leave Donation be removed from the — Consent Agenda and placed on the regular agenda under the Administration Committee Report. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M., Monday, January 24, 2005 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Thursday, January 20, 2005 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M., Thursday, January 6, 2005 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M., Monday, January 13, 2005 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee 7:00 P.M., Wednesday, January 19, 2005 City of Yorkville Conference Room 800 Game Farm Road � PUBLIC HEARINGS None. CITIZEN COMMENTS None. PRESENTATIONS Plano Route 47 Resolution Mayor Roberts stated that he was approached by Mayor Prochaska and Alderman Spears to support Yorkville's eff9rt to get jilinois Department of Transportation to improve Route 47. i i The Minutes of the ReLyular MeetinLy of the Citv Council — December 28. 2004 - Wage 2 He stated that in the past he has teamed with Mayor Prochaska to talk to IDOT about Route 34 improvements and in a show of support for Yorkville, Plano has approved the City of Plano Resolution R2004 -28 — Supporting Route 47 Improvements. Mayor Roberts read the resolution to the Council (see attached). Certificate of Appreciation —City of Plano Mayor Prochaska presented Mayor Roberts and the Plano City Council with a Certificate of Appreciation in recognition for being the first to approve a resolution supporting Yorkville's request for Route 47 improvements. He thanked the Mayor and his Council for their support. Mayor Roberts thanked Mayor Prochaska for the past, present and future good relationship that the City of Plano has with the United City of Yorkville. He noted that more is accomplished by cooperating with each other. CONSENT AGENDA 1. Police Reports for November 2004 2. Resolution 2004 -48 Authorizing Deputy Clerk to Accept Election Nominating Petitions - authorize the Mayor and City Clerk to execute 3. Yorkville Youth Baseball and Softball Association 2005 Agreement — approve renewal of agreement and the waiving of fees associated with the use of the fields and authorize the Mayor to execute 4. Final Acceptance of River's Edge Unit 2 — accept public improvements and reduce the Letter of Credit in an amount not to exceed $117,91613 Mayor Prochaska entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Kot; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -6 Nays -0 Burd -aye, Kot -aye, Mums -aye, Spears -aye, Ohare -aye, Besco -aye PLANNING COMMISSION /ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman Ohare to approve the minutes of the Committee of the Whole meeting from November 18, 2003; seconded by Alderman Besco. Alderman Spears asked for an estimate of how many sets of minutes were still outstanding and Clerk Milschewski stated about five and that the current minute takers were helping to transcribe them. Motion approved 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 December 17, 2004 totaling the following amounts: checks in the amount of $1,859,714.61 (vendor); $153,154.35 (payroll period ending 11/27/04) for a total of $2,012,868.96; seconded by Alderman Besco Alderman Spears questioned the following items on the bill list: • Item 2, page 3 — Caywood & Associates for $300.00 (Policy for A. Graff) - Mayor Prochaska stated that this was payment of Administrator Graff's life insurance which is part of his contract with the United City of Yorkville • Item 4, page 3 — Channel 2 Publishing for $1,581.75 (25 VHS Tapes, 100 DVDs) - Mayor Prochaska stated that this was for the Pat Summerall video. He explained that the City is paying for the videos; some will be given away and others will be sold and the funds reimbursed. Administrator Graff stated that 51 copies have already been paid for by the Yorkville Economic Development Corporation. • Item 5, page 15 — Gardner, Carton & Douglas for $14,399.49 (Bldg/Zone —Legal Services) - Administrator Graff stated that this payment could either be for the firms work on the legal opinion regarding a quarry or the Pollution Control Ordinance. Alderman Spears asked how the firm was located and Attorney Kramer stated that this is the firm the City has been using for environmental issues such as the radium issue. • Item 2, page 17 — International Codes for $400.00 ( #5 —Oak Brook Bank plan preview that needs to be paid back to ICCI) - Administrator Graff stated that the Oak Brook Bank will be paying for this. Mayor Prochaska noted that the bank has decided not to build in Yorkville. I The Minutes of the ReLyular Meetine of the Citv Council — December 28, 2004 — uaLye 3 • Item 2, page 31 — Seyfarth, Shaw, Fairweather for $538.75 (IT Job Description) - Administrator Graff stated that the fee was for the IT Job Description along with other Human Resource questions. • Item 1, page 32 — Software Performance for $1.798.00 (2 HP Workstations for Mayor and City Attorney, etc.) - Mayor Prochaska stated that the fee is to replace the computer in the Mayor's office and to purchase one for the new Human Resource person. Motion approved by a roll call vote. Ayes -6 Nays -0 Besco -aye, Burd -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye REPORTS MAYOR'S REPORT Committee of the Whole Packet Distribution Mayor Prochaska reminded the Council that due to the holiday, Committee of the Whole packets will be prepared and distributed on Thursday, December 30, 2004. ATTORNEY'S REPORT Attorney Kramer stated that he and Administrator Graff have gone over a list of projects underway and have a handle on what needs to be continued. He stated that he felt that he was leaving everything in good order. 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 Human Resource Commission Alderman Spears reported that she attended the Human Resource Commission meeting where they discussed and recommended miniature street signs imprinted with the nominees for historical street names. Two more nominees were reviewed; the HRC recommended approval of one and asked for more information on the other. Also discussed was mailing an invitation and guidelines to local business in order to ask them to participate in the visitor center. Funds for mailings and supplies were discussed and they asked Police Chief Martin to include additional funds in his upcoming budget. Mayor Prochaska reported that he discussed the budget with Chief Martin and they had further ideas that Chief Martin will bring back to HRC. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. The Minutes of the Regular Meetine of the Citv Council — December 28. 2004 -Wage 4 ECONOMIC DEVELOPMENT COMMITTEE REPORT Gospel Assembly Church —1 % Mile Review Alderman Spears reported that the attorney as well as the pastor of the church attended the Economic Development Committee meeting to go over the plan and that the Economic Development Committee recommends that this proceed. Attorney for the church, Tom Grant, addressed the Council. He explained that the church has an option to purchase twenty -six acres on Route 71. They have applied to Kendall County for A -1 Special Use for church, school parsonage, hall and parish center. They are satisfied with the recommendation to file a pre - annexation agreement. The church is currently located on Route 34 across from King Nursery. A motion was made by Alderman Burd to recommend approval to Kendall County for Gospel Assembly Church's request for a 1 '/z mile review with the conditions that the property owner file an annexation and zoning application with the United City of Yorkville and grant the City utility easements for the water, sanitary sewer, storm water to be determined at final plat and provide buffering as recommended for the adjoining property for the Right to Farm; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -6 Nays -0 Munns -aye, Ohare -aye, Spears -aye, Besco -aye, Burd -aye, Kot -aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Ordinance 2004 -69 Abating Special Service Area Taxes For SSA# 2003 -100 and Approving the Amended Special Tax Roll (Raintree Village) A motion was made by Alderman Ohare to approve an Ordinance abating Special Service Area Taxes for SSA #2003 -100 (Raintree Village) and approving the amended special tax roll; seconded by Alderman Kot. Alderman Spears asked if the residents would receive a separate tax bill and Attorney Kramer explained that there is enough interest reserve in the original bond indebtedness so no levy will be made this year against the homeowners who have purchased lots. In future years there will be a levy and the tax will be included on the affected resident's real estate tax bill. Motion approved by a roll call vote. Ayes -6 Nays -0 Ohare -aye, Spears -aye, Besco -aye, Burd -aye, Kot -aye, Munns -aye Ordinance 2004 -70 Abating Special Service Area Taxes For SSA# 2003 -101 and Approving the Amended Special Tax Roll (Windett Ridge) A motion was made by Alderman Ohare to approve an Ordinance abating Special Service Area Taxes for SSA #2003 -101 (Windett Ridge) and approving the amended special tax roll; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -6 Nays -0 Spears -aye, Besco -aye, Burd -aye, Kot -aye, Munns -aye, Ohare -aye Ordinance 2004 -71 Revision of the 2004 -2005 Fiscal Budget A motion was made by Alderman Ohare to approve an Ordinance approving the revision of the 2004 -2005 Fiscal Budget as presented; seconded by Alderman Kot. Alderman Spears questioned the following items on the revised budget: • The increase in Accounting Assistance ($2,500.00) on page 2 - Finance Director Traci Pleckham explained that the City incurred additional services this year related to the audit. • The additional $10.00 for 2001 IMLRMA claim under Insurance — Liability & Property on page 2 - Director Pleckham stated that the $10.00 amount is incorrect and should be $10,000.00. • The increase of $37,540.00 under the Transfer to Park & Recreation item on page 3 - Mayor Prochaska stated that this was discussed at the last Committee of the Whole meeting and is the amount needed for the addition of a Park Planner and the equipment needed for the position. Alderman Spears asked where the funds would go if the position The Minutes of the Regular Meeting of the Citv Council — December 28, 2004 — Dag L5 is not approved. Mayor Prochaska stated the funds could be disbursed into other areas. Attorney Kramer stated there would be a line item transfer to do this. • The increase in the Transfer to Municipal Building account on page 3 which includes $56,000.00 for emergency generator and carpeting. Alderman Spears noted that the amount on the bill list for the generator was $24, 916.00 and the carpeting was $4,924.80. Mayor Prochaska stated that the amount on the bill list was for a portion of the payment. He noted that the original cost was $52,000.00 and there was a change order approved by the Council because the pad for the generator had to be moved. Administrator Graff stated that the carpet payment was also a partial payment because the Police Department will be getting new carpeting. • The increase of $60,000.00 under the Contractual Service item on page 7 - Administrator Graff stated that the increase is due to the revised Master Facilities Plan. Mayor Prochaska noted that the Council discussed that a portion of the payment would come out of the revised budget and the remainder will be paid out of next year's budget. Mayor Prochaska noted that the revised budget was gone over line by line at the Special Administration Budget meeting on December 15, 2004. Motion approved by a roll call vote. Ayes -6 Nays -0 Present -1 Spears- present, Besco -aye, Burd -aye, Kot -aye, Munns -aye, Ohare -aye Creating Position of Park Planner A motion was made by Alderman Ohare to approve a Resolution creating the position of Park Planner and job description as presented; seconded by Alderman Kot. Alderman Burd stated that she was strongly against creating the position of Park Planner because she felt a City Planner was needed first. She stated that City Planner was a more encompassing position which could also work with the parks. She felt that creating the Park Planner position first was backwards. She stated that she spoke with people in other municipalities who told her that a City Planner is a very important position to look at as a City grows. She asked the Council to consider putting the funds into a City Planner first. Alderman Spears agreed with Alderman Burd. She pointed out that the backup the Council received regarding the position did not provide a good comparison and she went over the communities listed in the comparison. She agreed that a City Planner was needed at this time however she did not feel that the Park Planner position was warranted. Alderman Ohare asked Executive Director of Parks & Recreation Laura Brown what the savings would be if the city hired a Park Planner rather than employing Schoppe & Associates to provide theses services. Director Brown stated that $154,000.00 was spent over a fourteen month period using Schoppe & Associates. By hiring a Park Planner the city could save approximately $75,850.00 this year and the savings would be higher next year. Mayor Prochaska explained that the Park Planner will be responsible for the design and drawing of the parks which Schoppe currently does. Alderman Kot stated that the overriding factor in creating this position is money. He stated he felt it was more cost effective to hire an employee in -house and use the saved dollars for parks. He felt that both a City and Park Planner was needed however the position of Park Planner was before the Council tonight and he stated that he supported it. Mayor Prochaska stated that he did not disagree that a City Planner was needed in the near future and he explained that he has had discussions with Mike Schoppe regarding what is needed in a City Planner. He stated that the Park Planner was presented to the Council not to try to put into place an unneeded position but rather to minimize a cost that the City is already incurring. He explained how Land Cash Funds are applied toward park planning which provides fewer funds to be used toward acquiring land and facilities. The intent was to save money for the City. Alderman Burd stated that she spoke with a few Park Board members. She asked what would happen when this person does not have a park to plan and they said this position could help out with city planning. She reiterated that this seems backward. A City Planner could help plan parks. She also stated that she wanted the City Council to hire the City Planner. She stated that she has not seen comparison studies of what the City is spending by using the services of Mike Schoppe versus the cost of an in -house City Planner. While she complimented Director Brown for her efforts, she stated that she is pushing for her department. She stated that she does not see anyone pushing for a City -wide planner and she felt someone should be doing this. i The Minutes of the Regular Meeting of the Citv Council — December 28, 2004 — page 6 The Council participated in an extensive discussion regarding the need for a Park Planner versus a City Planner. The discussion covered such topics as the use of Land Cash Funds, developers contribution toward park planning, the space and staff needed for a planning department, the reduction of cost to the City by hiring a Park Planner, what becomes of the position when it is no longer needed and staff preparing information regarding the City Planner position to present to the Council. After a lengthy discussion, Alderman Kot called the question and the vote was taken. Motion defeated by a roll call vote. Ayes -2 Nays -3 Present -1 Besco - present, Burd -nay, Kot -aye, Munrns -nay, Ohare -aye, Spears -nay Tuition Reimbursement Policy A motion was made by Alderman Ohare to approve a Resolution for the Tuition Reimbursement Policy and authorize the Mayor and City Clerk to execute. The resolution clarifies sections 8.6b and 8.6d and adds section (8.8i); seconded by Alderman Kot. Alderman Burd expressed her concerns with the way the policy is re -written and with the affect of the policy to the existing Employee Manual. She stated that this policy takes away the power of the City Council to review reimbursements and she did not want to concede any more of the City Council's power to a department head. She also stated that the way it is written, it requires the City Council to pay for any college tuition after an employee has been employed for one year. She felt the policy should be re -written to indicate that employees are entitled to apply for reimbursement. She felt it was vague because it indicates reimbursement for "career development" but does not specify that the career should be related to their job. She stated that the policy is poorly worded and asked that it be sent back to the Administration Committee for review. Alderman Spears presented a history of past tuition requests that were denied by the City Council from: o Administrator Graff who requested approval for reimbursement for enrollment in a graduate program at Northern Illinois University. After discussion, the Administration Committee denied his request based on the fact that he had not completed the classes in communication, management and office supervisory skills which were recommended by the City Council at the time of his annual performance evaluation. o A full -time employee who requested reimbursement for a history class which was denied because it was deemed not necessary for the employee's secretarial/administrative position. o A department head for reimbursement for a part-time employee. This request was denied because it was not in conformance with the Employee Manual; part-time employees do not qualify for tuition reimbursement. o A department head for reimbursement for an employee that had only been employed by the City for several months. She stated that by approving this new policy, all the examples given would have been approved by the department heads. Alderman Spears read a statement regarding tuition reimbursement to the Council and in conclusion urged the City Council to keep the present policy in place which requires the City Council to review and approve employee tuition reimbursement expenses. Mayor Prochaska noted that if an employee is pursuing a degree that is job related, there may be courses that are not necessarily related to their job but are required for the degree. He stated that he did not feel that anything was being taken away from the Council. He noted that as long as he has been on the Council, it has been the policy of the city to encourage employees to get an education and further themselves in a way that benefits the City. Alderman Munns suggested changing the wording to indicate that the education should be relative to their work and the wording "and/or career development" be omitted. He agreed that furthering an education relative to a job can benefit the City. There was further discussion on the wording of the policy, the theories behind educating the staff and conceding Council power. Alderman Ohare stated she made notes of the concerns and suggestions expressed and suggested that the policy return to the Administration Committee for further discussion. Alderman Kot agreed that the policy should return to the Administration Committee however he felt it was important that the Council remember that the policy is to encourage career The Minutes of the Regular Meeting of the Citv Council — December 28, 2004 — Aage 7 development of the staff. He stated that the policy has helped to retain and attract some very good employees. He also commented that as far as the Council giving up authority, he stated that the Council voting on the budget is the final authority. If there is something that the Council does not want to fund, they won't do it. Alderman Burd stated she would have to vote against funding the employee's benefit of going to school to limit the power of department heads. She stated that at budget time, things cannot be fined tuned as they can be on an individual basis. She stated that she did not want to vote against employee education in the budget because she wanted to give them this benefit however she would like it to be exercised wisely. Mayor Prochaska stated that the City Council has the ultimate authority to make policies and the guidelines to follow however there is a difference between creating guidelines and approving what an individual person can do. He noted that the Council does not work in the office and does not know where employees are in their career. He requested the Council to develop a policy with specific guidelines for the staff to follow which would eliminate every request for reimbursement to come before the Council. He stated that the Council develops policy but does not manage the staff per state statute. Alderman Ohare made a motion to table the Resolution for the Tuition Reimbursement Policy and have it return to the Administration Committee; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -6 Nays -0 Besco -aye, Burd -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye Approving Volunteer Sick Leave Donation A motion was made by Alderman Ohare to approve a Resolution approving Volunteer Sick Leave Donations and to authorize the Mayor and City Clerk to execute; seconded by Alderman Kot. Alderman Spears stated that she had a discussion with a labor attorney from another village who informed her that this policy may leave the City open for a lawsuit if one employee was not as well liked and did not receive any donated hours as a previous employee received from coworkers. She asked if the City's labor attorney had reviewed the policy and she asked for a written opinion from the labor attorney indicating that this would be a good policy to incorporate and litigation against the City could not be initiated. Mayor Prochaska stated that this was specifically asked of the labor attorney who explained that as long as the policy is not made very specific the City will minimize liability. The policy simply allows the City to facilitate the transfer of voluntarily donated sick time. Alderman Spears asked that the resolution be tabled until a written opinion from the labor attorney stating that litigation against the City would not be initiated due to this policy was received. Attorney Kramer stated that the City Council could ask for an opinion based on labor decisions that the policy will be supported by law. Alderman Spears made a motion to table the approval of the Resolution until the next City Council meeting, seconded by Alderman Burd. Motion approved by a roll call vote. Ayes -6 Nays -0 Burd -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Besco -aye ADDITIONAL BUSINESS Attorney Dan Kramer Alderman Kot noted that this was Attorney Dan Kramer last meeting as City Attorney and he personally thanked him for his service to the - City and wished him the best of luck. Aldermen Ohare and Besco echoed the sentiment. Mayor Prochaska thanked Attorney Kramer for his twenty -two years of service to the City and for all his good advice and support throughout the years. He presented Attorney Kramer with a clock as a token of appreciation for years of dedicated and diligent service to the United City of Yorkville. He noted that there were refreshments in the conference room and he asked everyone to stay after the meeting to wish Attorney Kramer well. Attorney Kramer thanked the Mayor and Council. He stated that he appreciated that Mayor Prochaska had the clock set ahead so that he will be on time. He also stated that he has enjoyed his twenty -two years with the City; serving four great mayors and councils. He stated that an alderman who left office once told him that if he could come back and be an alderman again he would be so much better at the job. This alderman stated that he thought the Council always i The Minutes of the Reeular Meetine of the Citv Council — December 28, 2004 — Vaee 8 treated the public well in Yorkville but he did not realize how well the citizens were treated until he was on the other side of a desk in another community. Attorney Kramer left the Council with the thought; treat people the way you want to be treated. He said this applies to the public as well as fellow Council members. He stated he has enjoyed his time and has learned a lot. Attorney Kelly Kramer Mayor Prochaska presented Attorney Kelly Kramer with a plaque in appreciation for her service to the United City of Yorkville assisting her father with legal counsel to the City. There was no other additional business. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Kot; seconded by Alderman Ohare. Motion approved by a viva voce vote. Meeting adjourned at 8:43 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois CITY COUNCIL MEETING December 28, 2004 PLEASE PRINT NAME: ADDRESS: ' Dg VV v \ 1 SIGNIN CITY OF PLANO f t e C � 17 E. Main Street m Plano, Illinois 60545 0 ",,•:;- 0 Birthplace of the Harvester Mayor 630 -552 -3210 r ° " c City Clerk (630) 552 -8275 Fax 630 -552 -8292 Public Works (630) 552 -7000 City Treasurer (630) 552 -8823 Building & Zoning (630) 552 -8425 RESOLUTION R2004 — 28 SUPPORTING ROUTE 47 IMPROVEMENTS WHEREAS, the City of Plano has enjoyed an ongoing and cooperative relationship with the United City of Yorkville and, WHEREAS, both Cities want to maintain a safe and efficient flow of traffic in and around our communities and, WHEREAS, the ever increasing use of Route 47 has caused concern for public safety and, WHEREAS, this corridor is very important to the ongoing safety and growth issues facing the surrounding communities and, WHEREAS, it is imperative that the widening of this corridor become a priority with the Department of Transportation, and WHEREAS, this is a continuation of joint efforts between the City of Plano and the United City of Yorkville to work with state and local entities to improve our local transportation infrastructure, NOW THEREFORE BE IT RESOLVED that the Mayor and City Council of the City of Plano support the request that IDOT begin the necessary engineering and then construction of widening and upgrading Route 47 both north and south of the present project through Kendall County and beyond to I -80 to the south and I -88 to the north. Passed by the City Council of the City of Plano and authorized by the Mayor this 22 day �ove,xnb.e,L 2004. V�illia�rn R�s;1�Iayor J � ST: Deanna Brown, City Clerk The Mayor and City Council of the United City of Yorkville present this certificate to �L in grateful appreciation and recognition for the first to vote a resolution supporting Yorkville's request for Route 47 improvements Presented this 28th day of December, 2004. ------------------------------------ Mayor ATTEST: ------------------------------------ Deputy Clerk