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COW Minutes 2007 09-11-07 Page 1 of 15 Approved 10/9/07 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE CITY COUNCIL CHAMBER September 11, 2007 7:05 P.M. ELECTED OFFICIALS PRESENT: Mayor Valerie Burd Alderman Rose Spears Alderman Joe Besco Alderman Robin Sutcliff Alderman Gary Golinski Alderman Wally Werderich Alderman Jason Leslie City Treasurer Bill Powell Alderman Marty Munns City Clerk Jackie Milschewski Alderman Arden Plocher CITY STAFF PRESENT: City Administrator McLaughlin Park & Recreation Director Mogle Assistant City Administrator Olson Community Development Director Miller Interim City Attorney Roth Public Relations Officer Spies Finance Director Mika City Engineer Wywrot Police Chief Martin Human Resource manager Kasper Police Lieutenant Hart Code Official Williams GUESTS: See attached list. PRESENTATIONS None. DETAILED BOARD REPORT — BILL LIST Alderman Besco asked that the bill on page 6 of the report for the law Offices of Daniel Kramer be removed from the Bill List and be put under the Administration Committee Report for further discussion. Attorney Roth indicated that bills need to be paid in a particular time frame according to state statute. Mayor Burd stated that this matter has been discussed at length in Executive Session and late fees are accumulating. Alderman Golinski agreed with Alderman Besco and it was the consensus of the Council to remove the bill from the list for further discussion. Alderman Spears questioned the following items on the bill list: o Page 7 — Dominion Retail, Inc. in the amount of $530.36 — for NICOR gas. Director Mika explained a billing problem with Dominion which created this separate billing item. o Page 9 - Engineering Enterprises, Inc. in the amount of $3,118.80 — for Streets — Grande Reserve. Director Mika was not sure what this was for and stated that she would have to research it further. o Page 15 — Image Plus in the amount of $658.90 for Toppers Shoulder Sport. Mr. Olson stated that he did not know what this was for but that it came out of the Community Event Budget. He stated that he would research if further. Page 2 of 15 There were no further comments or questions. The Bill List was moved on to the September 11, 2007 City Council agenda. ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA 1. ADM 2007 -70 Monthly Treasurer's Report for July 2007 2. ADM 2007 -76 Assist First Time Home Buyer Down Payment Assistance Program 3. PW 2007 -127 Grande Reserve Unit 12 — Site Development Letter of Credit Expiration 4. PW 2007 -128 Grande Reserve Unit 13 — Site Development Letter of Credit Expiration S. PW 2007 -129 Grande Reserve Unit 13 — Site Inspection Letter of Credit Reduction #1 6. PW 2007 -130 Grande Reserve Unit 14 — Site Inspection Letter of Credit Reduction #1 7. PW 2007 -131 Raintree Village Unit 5 - Site Development Letter of Credit Expiration 8. PW 2007 -132 In -Town Road Program (Phase 2 Utilities) — Change Order #3 9. PW 2007 -135 River Road Plat of Dedication 10. PW 2007 -138 Prairie Gardens Subdivision — Subordination of Surface Rights 11. PW 2007- 139Yorkville Middle School — Subordination of Surface Rights 12. PW 2007 -140 Bristol Bay Units 1 -7 — Landscape Bond Reduction #1 There were not comments or questions. These items were put on the September 1, 2007 City Council Consent Agenda. MAYOR 1. COW 2007 -20 Draft Vision Statement Mayor Burd reported that Larry Maholland with Sikich LLP started this project a year ago. She turned the floor over to Mr. Maholland who explained that the vision statement is a word picture of the city's future; a starting point for developing a strategic plan. He explained that meetings were held with the City Council, and various other groups (business, senior and youth groups). The reoccurring themes were keeping a small town feel, the development of Route 47 and the Prairie Parkway, accenting the downtown and river as assets and Parks and Recreation. He opened the floor for questions. Alderman Spears asked if the information gathered was typical. Mr. Maholland explained that some of it was however there were certain issues unique to Yorkville such as the community's pride in the environment and unique features of the community. Alderman Sutcliff asked how the vision statement could be used. Mr. Maholland explained that the statement could be broken into five or six themes and from this objectives could be established to accomplish the themes. He suggested that an action plan be developed and that the city keep soliciting community input. Alderman Sutcliff asked if a mission statement could be developed from this and Mr. Maholland explained that a mission statement is a short statement whereas this is more complex. Mayor Burd commented that this is a valuable tool to use while the city moves forward. She noted that there will be a goal setting session for the City Council in October where they will develop ways s to implement the goals in order to see where the city stands a year from now. 2. COW 2007 -21 Hamman Land Application System Property Discussion Page 3 of 15 Gary Williams, Assistant Code Official, explained the procedure used to respond to complaints received about the Hammon property. The time, date, wind direction, temperature, etc. are documented by the code officials. Mr. Williams explained that Mr. Hammon has been cited with a nuisance order for the smell emanating from his property. He is currently working with the city attorney on the violation. Alderman Besco asked for clarification as to the item being discussed per the item listed on the agenda. Assistant City Administrator Olson clarified that there was an error on the agenda and it should read "Land Application System". Nothing is being applied for. Alderman Spears questioned the amount of complaints received. Mr. Williams stated that lately there have been quite a few especially since it has been rainy; there are fewer complaints when the weather is dry. Alderman Spears asked who is paying for the inspections and Mr. Williams stated that city's code officials, ICCI, is not charging extra for the inspections as they consider them property maintenance complaints. Alderman Spears question if the property owner could pay for the inspections. Attorney Roth stated that if the property owner is found in violation, fines of $500.00 /day /violation can be applied. He explained that the current citation will be in court on October 5, 2007. Alderman Besco question the "Right to Farm" clause as the property is still zoned agricultural and he asked if the owner had been notified of the violation. Attorney Roth stated he would not comment on the operation other than to say it was found in violation and that a defense for the right to farm is possible. He also noted that the owner was notified of the violation. Alderman Werderich asked for more information on the inspections. Mr. Williams explained that inspectors routinely inspect the property three times a week. Additionally, an inspector is sent out whenever a complaint is received. He also noted that there is no gauge to measure odor. He further explained the decomposition process and the court order previously issued by Kendall County. He stated that if a violation is found, a ticket is issued. Alderman Spears explained that the City Council requested inspections due to the amount of complaints being received and that this is not an effort to harass the property owner. Mr. Williams explained that early complaints were about plastic bags blowing around from the property. Mr. Hammon was cited for this violation and now he has a crew who walks the property cleaning up the debris. He noted that due to this and crops being planted around the operation, the debris complaints have been less. Alderman Golinski commented that the inspectors do not need a "smell meter"; go out to the area and the smell is awful. Mr. Williams explained that there was a stack of debris because Mr. Hammon's equipment had broken down and that he was issued tickets for odor at that time. Alderman Sutcliff asked if the citations were the only avenue to remedy the situation. Attorney Roth commented that the city has incurred much expense due to the operation however it felt that the inspection process was fair. He also noted that other agencies such as the IEPA and Kendall County are involved and that the city is taking further action by going to court. County resident Diane Pobol was present with a power point presentation of problems with the Hamman operation however she needed to set up the presentation. Alderman Besco commented that many of the Council have been out to the site and were aware of the problems. He noted that Mrs. Pobol's presentation was not an agenda item. Alderman Golinski suggested that this be discussed now and not during the City Council meeting. He also noted that Mr. Hammon was Page 4 of 15 present and invited him to address the Council so that the Council could hear both sides of the matter. While Mrs. Pobol prepared her presentation, the City Council continued with agenda items. CITY CLERK 1. COW 2007 -22 Resolution Approving the Release of Executive Session Minutes Clerk Milschewski reported that the City Council has requested that a set of executive session minutes concerning the bill from the law office of Daniel Kramer be opened to the public. A resolution is required to do so. There were no comments or questions. This item was moved on to the September 11, 2007 City Council agenda. COW 2007 -21 Hamman Land Application System Property Discussion continued Diane Pobol, 9225 Lisbon Road, thanked the Council and attempted to give a presentation regarding Mr. Hammon's yard waste operation however her PowerPoint presentation would not work. She cited problems such as the smell, flies, dust and garbage produced by the operation. She felt that Mr. Hammon is in violation of several things including the 1994 court order. She explained the anaerobic condition which causes odors and stated that the plastic found on the property should be removed before the yard waste is applied to the land. She stated that the city can use the court order to enforce compliance. She asked the city to initiate a public nuisance suit against Mr. Hammon and seek an injunction to cease the operation. Mayor Burd asked Mrs. Pobol to print her PowerPoint presentation so that the City Council could discuss it at a later date. Mrs. Pobol agreed and added that she would also give the Council copies of thirty -three letters she has received from area residents and businesses regarding the problem. Aldermen Spears and Plocher invited Mr. Hammon to speak but he declined. PARK BOARD 1. PKBD2007 -20 Riemenschneider (Prairie Meadows) Park Construction Bid Results Director Mogle reported that four bids were received with L.J. Dodd being the lowest bidder at $268,237.60. He asked the Council to accept the bid for all except the landscaping which will be addressed by staff. Alderman Golinski asked what the park's theme was and Director Mogle explained that it will have a fireman theme. He explained that the Bristol- Kendall Fire District has partnered with the Parks Department and has donated a memorial stone to place in the park. The park itself is named after a fire- fighting family that has had nine members serve the Bristol - Kendall Fire District for more than sixty years. Alderman Spears asked what the schedule was for when parks will be completed. Director Mogle explained that there are five parks pending; three are developer builds and two are being built with OSLAD grant funds. The OSLAD parks have a deadline for build out. Alderman Spears asked specifically about the Pulte /Autumn Creek Park and Director Mogle explained that the park is currently being graded and the estimate for completion is next spring. I Page 5 of 15 This item was moved on to the September 11, 2007 City Council agenda. PUBLIC WORKS COMMITTEE 1. PW 2007 -126 Provena Dreyer Stormwater Basin Alderman Besco reported that this item was brought to the Public Works Committee by Alderman Munns. There is a problem with the basin leaking. The developer has tried unsuccessfully to stop the leak and currently there are several options to address the problem. The developer can seal the basin, the pond can fill in with cattails or an infiltration basin with wetland plantings can be developed. The Public Works Committee had differing opinions so they brought forth the discussion to the COW meeting. Alderman Plocher stated that he spoke with the superintendant of the project and was told the basin is leaking on the sides. The developer will be dumping and compacting clay in this area. City Engineer Wywrot commented that this is okay as long as the volume remains the same. Alderman Munns questioned what was required of the developer per the Annexation Agreement. He felt that the developer needs to correct the situation. Also, residents in the area want the pond to look presentable. They are tired of calling to get the developer to cut the grass around the pond. Mayor Burd suggested that staff keep an eye on the area with the code officials making regular inspections. Mr. Wywrot explained that the Public Works Committee recommended either the first or third option to fix the problem. He noted that the plan for the area calls for a wet basin and there is a letter of credit in place to insure it is done properly. He stated he would contact the developer to go over the plan to seal the edges and report back to the Council. Alderman Spears noted that the developer should have contacted Mr. Wywrot to advise him of the plan. Mr. Wywrot explained that he has sent the developer emails but has gotten no response. I This item will be brought back to the next Public Works Committee meeting. 2. PW 2007 -136 Well No. 7 Update —FYI Alderman Besco asked Director Dhuse for an informational report on Well V. Director Dhuse reported that the motor was back and the manufacturer has recommended that the pipe be re- threaded to prevent any problems in the future. This will cost anywhere from $30,000.00 to $40,000.00 and the funds are available to do this. There were no questions or comments. There was no action to be taken on the matter. 3. PW 2007 -141 Updated Capital Improvement Program Mr. Wywrot presented a spreadsheet listing capital improvements starting with this fiscal year and showing a six year program. He noted that every year this plan changes and that there are more projects than available funding. He explained that this is a working document and that staff was looking from input from the City Council. Alderman Besco noted that the widening of Route 47 to Jericho Road has been deleted due to the lack of developer funds. Director Miller explained that the Public Works and Economic Development Committees discussed combining efforts with developers to fund the Route 47 I Page 6 of 15 improvements from Corneils to Route 30. The developers were to combine efforts to improve access to Route 47 however the slow down in the market has negatively impacted the project. He felt it was not realistic to move forward in the short term. He did note that there are annexation agreements that address the Route 47 improvements so when the area begins to develop close attention will have to be paid to this. Alderman Spears noted that Palmer Court improvements were scheduled for the 08/09 fiscal year. She stated that the sanitary sewer was replaced but the repaving keeps getting put behind and that cost has increased. Mr. Wywrot stated that the numbers for the project are an estimate and since the project was initiated five years ago he increased the cost to address a rise in costs. Alderman Spears asked the Council to take a ride down Palmer Court to see the condition of the street for themselves. She noted that street improvements seem to be concentrated in one ward and she suggested that projects be split up between the wards. There were no additional comments or questions. There was no action to be taken on the matter. 4. PW 2007 -142 Plat of Vacation — 202 River Road Alderman Besco reported that the city needs to vacate a watermain easement which is no longer necessary since there is a new main on King Street. Mr. Wywrot has met with both the seller and buyer of the property to work out the easement. He noted that the city has already vacated the easement for the sanitary sewer on the other side of the property. He indicated that the vacation paperwork has not been prepared yet because both plats for the vacation and easement have to be approved. He stated that this item could be brought back to the next City Council meeting. The Council was in agreement with this. as moved on to the September 25 2007 City Council meeting a This item w p y g enda. g 5. PW 2007 -108 In -Town Road Program Phase 3 Alderman Besco reported that this was discussed at the Public Works Committee meeting. Mr. Wywrot and Director Dhuse compiled their recommendations. Alderman Besco asked the aldermen to identify five streets in their wards that they feel need improvement. He noted that the Administration Committee also needs to investigate funding. Mayor Burd noted that Phase I was of the program was in Ward I and Phase II was in Ward H. She noted that the school bus company complained to the School District that some streets posed a safety issue. She felt that due to this, evaluation of roads should be made by staff. Alderman Spears felt that the aldermen could identify streets in their wards that they felt that staff should evaluate. There was a brief discussion regarding roads that need improvement such as McHugh and Sleepy Hollow and the School Districts concerns. This item will be brought back to the next Public Works Committee meeting. PUBLIC SAFETY COMMITTEE 1. PS 2007 -17 Request to Limit Number of Package Liquor Licenses Alderman Spears reported that the Public Safety Committee has made a recommendation to limit the number of package liquor licenses issued by the city. Page 7 of 15 Alderman Leslie questioned the verbiage of Attorney Roth's memo. Attorney Roth explained that the verbiage means that the city's discretion in granting or denying licenses is limited when an applicant satisfies the standards set by the city because if all criteria are met the city has to issue the license. However, if there are no licenses available because their number has been limited, the city does not have to issue the license. It is a common practice in municipalities to limit the number of available licenses to the number of outstanding licenses. If an applicant comes in and meets the standards, the ordinance can be amended to create a new license under the requested classification if the city so chooses. Alderman Munns questioned the description in section 3 -3 -6 of the code. Attorney Roth noted that a limitation to the sale of packaged liquor and has nothing to do with the proposed amendment. Alderman Leslie stated that he understood that the area will remain but that the package liquor licenses will be limited. It was noted that currently there are no package liquor licenses issued for the downtown area. There was a brief discussion about the sale of packaged liquor sales being limited in the downtown area. This item was moved on to the September 11, 2007 City Council meeting consent agenda. 2. PS 2007 -29 Request for Patio License Alderman Spears reported that it has been recommended to amend the code to include four patio licenses as Sawmill Pizza is now requesting one. Alderman Besco complimented Sawmill Pizza's patio and noted that this is the type of patio he feels establishments should have. There was some discussion regarding the various patios in the city. Alderman Munns asked who enforces the limits listed in "D" of the ordinance. Chief Martin indicated that the Police Department monitors the establishments and there haven't been any issues with this. This item was moved on to the September 11, 2007 City Council meeting consent agenda. 3. PS 2007 -30 KenCom Intergovernmental Agreement Alderman Spears reported that the KenCom Board unanimously approved the Intergovernmental Agreement which addresses the 911 emergency system. She reported that the agreement is for four years and it is the first update to the agreement since its inception many years ago. There were no questions or comments. This item was moved onto the September 11, 2007 City Council meeting consent agenda. ADMINISTRATION COMMITTEE 1. ADM 2007 -75 Disposal of Outdated IT Equipment Alderman Munns reported that the Administration Committee discussed the disposal of old administration department computer equipment and the suggestion was made to donate it to an organization such as Senior Services. Director Mika reported that she made calls to Senior Services but has not received an answer yet. She noted that the Parks and Recreation Department has expressed interest in some of the equipment so she was recommending it be given to them along with Senior Services (if they were Page 8 of 15 interested). Any remaining equipment could be recycled after the hard drives are removed. Mayor Burd noted that the Congregational Church was having an electronic equipment drive and she suggested that Director Mika investigate donating to this. There was some discussion regarding the legality of getting information of the hard drives. Director Mogle explained that the Parks and Recreation Department can use the computer for its pre - school program. They will trade off the hard drives from their existing equipment. This item was moved on to the September 11, 2007 City Council meeting consent agenda. 2. Kramer Law Office Bill This item was moved on to the September 11, 2007 City Council meeting agenda under the Administration Committee Report for fiuther discussion. CITY COUNCIL REOUESTS 1. COW 2007 -19 Governing Ordinance -Committee Liaison Discussion Mayor Burd reported that Alderman Spears asked that the discussion of how to address ties on the committee in reference to the appointment of a liaison be brought forward. Attorney Roth stated that the question is what control is at committee level in regards to placing matters on an agenda and the appointment of liaisons. He stated that these are pure governance issues for the City Council to decide on and there is a problem with a tied vote at the committee level. Alderman Munns noted that the ordinance states that the committee selects liaisons so the question is who should select; the committee or the chairman? The second issue to be addressed is who breaks a tie. Another concern is if preference should be given to aldermen not on the committee the liaison was assigned to. Alderman Besco commented that the liaisons are not equally balanced between all the committees and aldermen may have to serve on as a liaison assigned to another committee. He stated that at the Public Works Committee he asked for volunteers to the liaisons assigned to the committee. Mayor Burd stated that Alderman Besco's method was fine and that this is the way it was meant to be; committee members should work together. She noted that the liaison positions have been around for years with new ones being added to the appropriate committees. She did not understand how some of the liaisons were affiliated with the committees and suggested that the liaisons could be moved around. She noted that when she drafted the Governing Ordinance she did so in order to open up the governing process and not place it in limited hands. She stated she was not trying to control agendas or play favorites. She felt that in the past appointments were used to punish or reward aldermen. She also noted poor liaison attendance in the past. She felt that liaisons should attend the appropriate meetings and report back to the City Council. Alderman Golinski commented that he felt that the liaisons should be volunteered positions. He agreed that the number of liaisons is not balanced between the committees so there is no reason that a liaison should be a member of a particular committee. He felt that anyone should be allowed to serve as a liaison. He felt that if two aldermen want the same liaison position, the chairman should decide who should be the liaison. Page 9 of 15 Alderman Spears commented that serving as a chair of a committee is a responsibility and she felt the chairmen should determine the liaisons. She noted that the chairmen position is rotated so the liaisons would also rotate. Mayor Burd commented that she felt the former mayor would have made that type of statement. She stated she could make the same argument; as chairman of the City Council she should be able to appoint the committee chairmen. She stated that this method opens it up for democracy; Alderman Spear's method dictates to the committees. Alderman Golinski commented that the mayor has the power to appoint chairmen to different to commissions and that she has taken advantage of this power. He noted that Mayor Burd appointed her friend and a Kendall County resident, Anne Lucietto, to the Plan Commission. He further noted that she appointed a neighbor, Jeff Baker, to chair the Zoning Board of Appeals. He commented that she uses her authority freely so why shouldn't a chairmen of a committee have the same authority. He noted that she mentioned the former mayor however she uses her power in an unethical way. Mayor Burd felt that Alderman Golinski was out of order and stated that there was nothing unethical or illegal in what she did. Aldermen Leslie and Golinski noted that this was a matter of opinion. Alderman Golinski noted that what she did might not be in the best interest of the city. Mayor Burd stated that maybe it is in the best interest and that a person on the City Council for a short time may not know the difference. She stated that Alderman Golinski was entitled to his opinion however he was not entitled to cast allegations against the mayor and what she is doing. Alderman Golinski stated that he was not making allegations; it is a fact that she appointed these individuals. Mayor Burd noted that the City Council approved the appointments and no one brought up these concerns. Alderman Golinski stated that the appointments were rushed through the Council very quickly so he did not have a chance to evaluate the appointments. He noted there was no discussion on the appointments which were presented to the Council as this is what the mayor was doing. Alderman Spears commented that her entire committee is newly elected and she has not thrown this fact up to them. She stated that she is the longest sitting alderman.and felt that talking about the former mayor is totally against the Governing Ordinance. She suggested that the Governing Ordinance be brought back to the Administration Committee for review because the Council is detecting quite a few things that need to be amended which is not unusual for a new, different type of document. The City Council agreed with her suggestion. Alderman Munns stated that there is enough power to go around. He felt that the mayor has powers of the office to control, the committee has the duty to develop processes for the city and the committee chairmen should have something to be chairman for. If the chairman does not have any authority or power then they are just a member of the committee and then why have a chairman at all? Alderman Sutcliff stated that she read the ordinance and it says the committee chair job is to preside over the committee meetings. All the members on the committee are otherwise equal with equal votes. She stated that it is fair the way it is written and that there isn't one alderman who should get more of a vote than any other alderman. Alderman Spears stated that the chairman usually does more than run the meetings; they prepare the agenda, they work with the department head, etc. It is not up to each alderman to suddenly throw items on an agenda; they should be presented to the chairman so they can be discussed with the department head. She noted that it is hard to conduct a discussion on items that she does not know about before hand. Mayor Burd noted that the way the Governing Ordinance is currently written, any alderman can put an item on an agenda. Alderman Spears noted that it would be courteous to notify the chairman before this is done. Page 10 of 15 Mayor Burd asked Assistant City Administrator Olson if he discussed agendas with the committee chairman before a meeting. Mr. Olson explained that when an alderman places something on an agenda the chairman is contacted. A draft agenda is prepared and presented to all the committee members before the meeting. Alderman Spears noted that she has had to send several emails to Mr. Olson to ask where items have come from. She also noted that she has had to contact Chief Martin regarding agenda items. Alderman Leslie noted that there have been several high level meetings that he has not been privy to. He stated that due to this he has had to play "catch up ". He stated that in regards to these meetings, Mr. Olson did not have a specific answer other than to say that anything the mayor would approve his attendance at would be okay. He stated he is researching this further and feels there needs to be more communication regarding meetings. Alderman Besco noted that he used to get a draft agenda and Deputy Clerk Pickering would call him to go over it. He felt that this worked well. He stated that it is troubling when something is on the agenda that he is not aware of. Mayor Burd stated that she thought the chairmen were still getting this service from staff. Mr. Olson again stated that draft agendas are presented to everyone. He also noted that he meets with Alderman Munns monthly to go over the Administration Committee agenda. Alderman Munns suggested that the chairmen meet with the appropriate department heads to go over agendas before they are finalized. Alderman Leslie complimented Director Miller on the great job he does communicating with him on EDC matters. Alderman Spears added that she was not saying that Mr. Olson or Deputy Clerk Pickering did not give her a draft agendas however her concern is that the last three agendas she has received have had items that came out of nowhere. When she contacted Chief Martin, he was unaware of the items also. She needed to call Mr. Olson for an explanation. She felt that this could be avoided if the aldermen would be more courteous to the chairmen. Alderman Munns asked for a consensus from the Council as to if the committee or chairmen should select the liaisons. Alderman Munns polled the alderman and the consensus (five to three) was for the chairman to select the liaisons. This matter was sent to the October Administration Committee meeting for further discussion. 2. COW 2007 -23 City's Hiring Policies Mayor Burd asked if the Council wanted to go into executive session to discuss this. Alderman Golinski stated that he felt that he felt this could be discussed in open session as it was not his intent to discuss any particular employee. He stated that what he had to say about the newly hired civil engineer could be said in open session because it was in a press release. He stated that if anyone wanted to discuss particulars the Council could go into executive session. There was some discussion about the necessity of going into executive session. City Administrator McLaughlin clarified that there was a document given to the Council that fell under the Personnel Records Review Act which should not be released in public session. Alderman Golinski reiterated that his concern is not with a personnel file or a particular person; it is about what he feels is a serious problem and inappropriate influence the mayor has put on the hiring process. He felt that the discussion of the matter should be in open session. Alderman I II Page 11 of 15 Besco agreed that if the discussion was about hiring policy it should be done in the open; any thing that is personal the Council should go into executive session. Alderman Munns called an error in the civil engineers hiring contract regarding insurance payment (incorrectly stated as $1.00 /month) to everyone's attention and asked that this be corrected to be the same as all other city employees. Alderman Golinski read a statement (see attached) to the Council regarding something he felt was a serious matter; the inadequacy of the non - department head hiring policy. He stated that it was his opinion that the mayor inappropriately intervened in the hiring policy and process. He proposed that the City Council begin discussions to clarify the statutory powers of the mayor and the City Council regarding hiring practices. He asked if anyone else on the Council shared his concern. Alderman Munns stated that the Council has been asked over the last several months to trust the staff and not interfere with hiring. He agreed with this and was concerned that there was a possibility that the mayor or a member of the City Council was superseding staff. He felt that neither the mayor or Council should have input in hiring; this should be left up to staff. He noted that in the information he received it states that the new hire has up to twelve month to get a professional engineering and training degree. He asked if this individual was currently an engineer. Mayor Burd clarified that she needs to get an engineering license. Alderman Munns asked if this was a hiring requirement and Mayor Burd stated it was not. She commented that a bachelor's degree and one years experience was required and that the new hire has ten years experience with the Army Corps of Engineers. Alderman Besco agreed with Alderman Munns. He stated that he did not know the particulars of this hiring however he would be disturbed to find that the mayor or any Council member was superseding the hiring committee's decision. Alderman Leslie commented that he shared Alderman Golinski's concern. He stated that his concern was first initiated during the hiring of the City Administrator. He noted that a candidate was pulled out of the running but then was put back in. He stated that when he heard about the civil engineer issue he went to staff for their input. It was his understanding that the hired candidate was not the one chosen by the hiring committee but that the mayor picked her out and had her hired. He stated that this is deeply disturbing because it undermines the political process. He felt that this practice was dangerous and sends the wrong message to staff. He stated that staff has the responsibility to select the person they feel will work out the best and that in his business he would never consider unde the authority of his "direct reports ". Doing this prohibits the building of trust and a team. He told the mayor that he felt this was a major faux pas on her part. He understood that she was new to being mayor and hope her intent was for the best. He agreed that the Council needed to look at hiring practices and trust staff. Alderman Spears asked how many people applied for the position. Human Resource Manger Kasper indicated five did and that three were interviewed. Alderman Spears asked if any of the three had their engineering license and Director Miller indicated that two out of the three had their license. She asked if the city would be paying for the license and Mrs. Kasper stated that the city has not committed to this. Alderman Munns noted that the hiring letter stated the person could get annual educational training opportunities so the person could take advantage of the city's money to get the license. Page 12 of 15 Alderman Besco stated that with previous hires the Council has stated they want the best qualified individuals. He stated that if two already had their licenses and the one hired didn't this does not look good. Alderman Munns asked what the salary range was for this position and Mrs. Kasper stated that it was $58,105.00 to $80,119.00. He noted that the new hire was brought in over the minim amount. er Mayor Burd commented that the new engineer already has two master's degrees and this s is dust a matter of her taking a test to get an engineering license. She also noted that one of the other candidates didn't even have an engineering degree and should never have been considered. She further explained that the new engineer has a five year undergraduate degree from the University of Illinois and two master's degrees. She noted that no one else in the city has this type of background. She stated that this person has extensive experience in environmental work and how to recycle materials. One of her master's degrees is in construction administration so she is able to draw up plans for new public buildings. She stated that when she asked staff if they felt she was qualified that told her she was. She felt that this was a subjective decision. She stated that she highly valued education and intelligence and felt that this person would be an asset.to the city. She stated that as she goes around the city and meets people, she did not see anything wrong with encouraging someone who has a background that could be a benefit to the city them to come to work for the city. She clarified that this person is not a friend but rather someone she met while doing business. Mayor Burd noted that according to state statute, the mayor makes appointments and the City Council approves them. She stated that the current process was created in 2006 and never used. She asked that the City Council amend the Department Head Hiring Policy to allow her the same have in regards to recommending people. She stated that as mayor she has the right courtesy the a g p p y Y Y g to control the appointment process per state statute. The statute even allows the mayor to put in an interim person if the Council does not approve her recommendation. She stated that she was trying to work out a compromise with the Council because the system of using an outside firm to sort through the resumes has a glitch as it excludes the mayor because the mayor does not vote. She felt it was a big mistake for the Council to arbitrarily throw this away because she feels the current policy is illegal. Alderman Leslie commented that the departmental directors had made a decision as to hiring for the civil engineer position. He stated that it was his, staff's and hopefully the legal opinion that she overstepped her bounds in the hiring of the engineer against the direction of the staff. Mayor Burd asked if Alderman Leslie was under the impression that staff had selected someone for the job and Alderman Leslie stated that it was his impression that the individual hired was not the top choice. He stated that he asked the staff about this and was told the individual was not the candidate of choice and was potentially in last place for the position. Mayor Burd agreed she made a political mistake. She asked the City Attorney to comment on the situation. Attorney Roth stated that it is critical that the city have clear, effective and legal standards for hiring and dealing with personnel issues. He stated that the standards should be deferential to the division of authority that is vested in the various offices. It should also be respectful of the individuals as well and the city and the City Council. He stated that he hasn't has a chance to study the matter in detail however the city is govern by state statute, resolutions, ordinances and the adopted employee manual. He stated that the state statute provides that the mayor has the power to appoint officers necessary to carry out the powers of the municipality. He also noted that in his opinion the Employee Manual clearly intimately involves the mayor in Page 13 of 15 all aspects of employment specifically hiring and firing. This does not indicate that the City Council does not have a role and it does not say the way the Employee Manual reads is the best way to do things. He noted that there are many inconsistency in the city's regulations, ordinances and resolutions that have been adopted and possibly in processes that the city has followed in the past. He stated that a few weeks ago the mayor asked him whether she had authority to make an appointment such as this. He stated that he was not aware of what position they were speaking of but he did advise her that the mayor does have broad powers of appointment to city officers. He stated that the city has a "spaghetti bowl" of personnel policies. He stated that state statute has to be acknowledged and followed as well as the Employee Manual. He did not agree with the comment that the mayor did something improper based on the Employee Manual. Alderman Munns commented that this was not an appointment but a hiring and the individual is not an officer of the city but an employee. He asked the mayor that in the future will she feel she could tell any department head to hire any person of her choosing for maintenance, office work, etc. He felt if so this was going down a "slippery slope ". Mayor Burd clarified that she was not involved in the hiring for most of the time. She stated that there was a three week delay between the interviews and when she asked for the status of the hiring. She called staff in and asked for their decision. They had not made a decision and decided not to do anything about it. She asked if the individual who was eventually hired was qualified and was assured the person was. She stated that she was trying to find someone who will interact with the public, have a feeling for the community and understand the issues that the city is facing. She advised the then City Administrator that some decision should be made or both candidates could be lost. When no decision came, she stepped in and chose the person hired. She stated that her decision was not based on hiring a friend but based on what she thought was in the best interest of the city. This was the same thought that was put into appointing the chairman of the Plan Commission. She noted that the Council had the opportunity to vote on the appointments so they should not fault her if they did not take the time to ask questions and make a better decision when approving them. Alderman Besco asked who the hiring committee was; what was the structure? Mayor Burd stated that she asked Director Miller to sit in on the interviews. She did this because she has suggested redoing the structure of the Community Development Department to include having the City Engineer under the direction of the Community Development Director. She stated that the Community Development Director has a "global" vision of the city and could give direction to the City Engineer. Also in the interview were City Engineer Wywrot, Assistant City Administrator Olson and Human Resource Manager Kasper. Alderman Besco stated that he has heard from several staff members that this individual was not the top choice and this disturbs him. He felt that the City Council clearly stated that they want the top person available. He stated that if there was a lapse in time that may have caused the city to lose candidates he felt that an aldermen from every committee could have been asked to interview and make recommendations to staff. He felt that there has to be a better way to hire employees. Alderman Munns stated that a few years ago there was a problem with nepotism so an ordinance addressing this was adopted. He stated that before the city is turned into a "patronage haven" this should be addressed. Alderman Spears commented that she agreed that education is important however there have been employees that the city has paid to educate that where not up to speed in representing the city the way they should have. She also noted that there have been issues in the past regarding the pay scale. She noted that she was criticized once for recommending a higher salary than the range. Page 14 of 15 She stated that she thought that this was going to stop; employees would be hired at the entry level salary. Alderman Spears further commented that she thought Director Miller was overseeing this new employee. Alderman Munns stated that this has been discussed but no action was taken. Alderman Spears noted that the Council is waiting a long time to do this. She stated that the hiring committee did not feel there was a candidate that was totally qualified and she asked Director Miller if it was ever considered to re -post the job position. Director Miller stated he felt uncomfortable discussing this matter in detail in an open session. Alderman Spears asked Attorney Roth if the mayor would be able to hire summer help; where does this process stop. Attorney Roth stated that the City Council approved the Employee Manual which addresses this. He stated that if the City Council has a problem with the mayor being involved in the hiring process the Council should deal with it. Alderman Spears recommended that the Employee Manual be brought to the Administration Committee for review and revisions. Alderman Leslie stated that he can't imagine hiring a team to hire a person and then stepping in to hand pick an employee. Attorney Roth agreed with Alderman Leslie however his opinion rests on the review of the Employee Manual. Alderman Leslie agreed with Alderman Spears; the Employee Manual should be reviewed. Alderman Golinski commented that he did not intend his statements to be a personal attack on the mayor. He stated that this is the public's business and this is a serious issue. He stated that the night the mayor won the election he told her that he looked forward to working with her and that if she was right he would agree with her but if she is wrong he would tell her. He noted that Alderman Leslie stated this may have been a mistake on her part however he understood that the staff tried for several days to convince her that her decision was not in the best interest of the city. He stated that the person hired was a cabinet maker for St. Joseph's Cabinetry and questioned how this related to civil engineering. Mayor Burd felt that Alderman Golinski's comment was inappropriate and embarrassing. Alderman Golinski stated he was trying to discuss the new hire's qualifications. Mayor Burd stated he was out of order and he should be quiet. Alderman Besco commented that Alderman Golinski's statement may have been inappropriate but it was not out of order. Alderman Spears asked in what capacity did the individual work for the Army Corp of Engineers. Alderman Leslie noted that it may be more appropriate to discuss this in executive session. EXECUTIVE SESSION For the appointment, employment, Compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. Alderman Leslie made a motion to go into executive session; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes- 6 Nays -2 Spears -aye, Sutcliff -aye, Werderich -nay, Besco -aye, Golinski -aye, Leslie -aye, Munns -nay, Plocher -aye The City Council entered in to executive session at 10:15 p.m. The City Council returned to the COW meeting at 10:40 p.m. Page 15 of 15 ADDITIONAL BUSINESS Blaine Street Debris Alderman Besco reported that he has received calls about an individual living on Blaine Street who is putting debris is the Swale in front of his home which is causing flooding. He stated that this is an ongoing problem according to neighbors and is deliberately done. He asked staff to look in to the matter and try to resolve it. City Administrator McLaughlin stated he would have an inspector investigate. Countryside Sewer Work Alderman Spears reported that the sewer work in Countryside has created a hardship for some residents because the city has not restored their property to its original state. She asked the staff what can be done to correct this. City Administrator McLaughlin stated that he will have staff investigate and report back to the City Council. Fox Hill Traffic Light Alderman Marais asked for an update on the status of the traffic light and City Engineer Wywrot stated that the paperwork was on its way to MOT for approval. Alderman Maims also asked that the timing of the light at Routes 34 and 47 be checked out. Missing Stop Sigh Alderman Spears asked the status of the stop sign at Center Parkway and Countryside Parkway. Mr. Wywrot stated he would check on the installation. Crosswalk for Kohl's Alderman Sutcliff noted that the new shopping center will be a popular place for people to visit. She expressed her concern that it is hard to walk or ride a bike to the location. She asked for a short-term plan to keep kids safe. Parking on Somonauk Alderman Sutcliff that Somonauk is being used as a collector and people are parking along it from Route 47 to Colton which poses a problem. She asked the Council to consider not allowing parking for the two blocks east of Route 47. She also asked Chief Martin if an officer could be posted in the area to watch for speeders. There was no further additional business. The meeting was adjourned at 10:55 P.M. Minutes submitted by Jackie Milschewski, City Clerk Citv Hiring Policv Commentary Alderman Golinski I'd like to preface my comments by saying that it is not my intent to have a discussion regarding a certain employee. A discussion of that nature is an exemption to the Open Meetings Act and is more appropriate for an Executive Session. My intent here is to discuss the inadequacy of our Non - Department Head Hiring Policy and the Mayor's inappropriate intervention into the hiring process. I ask that everyone do their best to refrain from discussing anything that may be subject to the Personnel Records Review Act. Considering that the City issued a press release regarding the recently hired Civil Engineer, any reference that I make to that position is already public knowledge. I asked for this item to be included on the agenda because I have great concern about what transpired with the hiring process for the Civil Engineer. In light of all the recent complaints received from Ward 2 residents regarding the in -town roads program, it was my hope that Staff would hire the most highly qualified civil engineer that they could find. I would have liked to have seen someone who currently serves in such a capacity or, at the very least, someone who has previous experience being a municipal civil engineer with expertise in the core duties of the position. However, due to the Mayor's intervention and complete disregard for the hiring process, I believe that did not happen. Instead, what transpired, as I understand it, is this; The Mayor encouraged an individual that she has, or had, a personal or business relationship with to apply for the position. Following the City's hiring policy, the Human Resources Manager and the appropriate department heads conducted interviews for the position. The interview committee considered the applicants qualifications, relevant work experience, technical knowledge and educational background. At the end of the consideration process, the interview committee reached a consensus on how to proceed. At this point, the Mayor stepped into the process and made a unilateral decision to hire the person that she had encouraged to apply, disregarding the recommendation of the interview committee. The Mayor then decided to give the new hire a salary above the minimum for that position. In my opinion, this is one more in a series of unilateral poor decisions made by this Mayor that is not in the best interest of the City and that she is not qualified to make. In my research, I found nothing in any of our policies or ordinances that gives the Mayor the statutory authority to participate in the hiring process of non - department heads. If the Mayor has this authority, which she obviously feels that she does, then she would be the ultimate decision maker for every single City employee that is hired; including every maintenance worker, receptionist and utility billing clerk. The Mayor may then assign any salary within the salary range without checks or balances. If the Mayor has the authority to rule over all hiring, which from my conversation with her I strongly believe that is what the Mayor thinks, it is not in the best interest of the city staff, the other elected officials, or more importantly, the citizens of Yorkville. We cannot allow personal political influence to enter into personnel decisions and it must be rectified before any other positions are filled. I, like all of you, need to answer to my constituents and tell them that when it comes to adding City staff, it's completely justified and we are recruiting and hiring the most qualified people available in the marketplace. How can I say that when the Mayor is influencing the hiring process of a position that has such a crucial role in the City, particularly in Ward 2, when I don't believe it myself? The Mayor's influence in this recent new hire could easily be construed as political cronyism. I've sat and watched as the Mayor appointed friends and associates to the City's boards and committees with no input from this Council. Just last month, the Mayor attempted to amend the Department Head Hiring Policy so that she could hand pick the department head candidates to be interviewed by the selection committee. Fortunately, the majority of committee members decided that this proposed amendment was not in the City's best interest. We can not allow any Mayor, present or future, to have the ability to even give the perception that they are putting cronies in City staff positions. Historically, cronyism has lead to malfeasance, corruption and incompetence, which would be disastrous for our growing community. I want everyone to know that my comments are not intended, in any way, to be a reflection on the City's new Civil Engineer. I have never met her and I am not knowledgeable enough in civil engineering to effectively judge her qualifications. I do however; trust the judgment of our professional staff and that is why it is so important to me that their opinions are not arbitrarily dismissed. Therefore, I propose we immediately start a discussion on clarifying the statutory powers of the Mayor and the City Council regarding hiring practices and begin to follow those statutory powers for any additional hiring in Yorkville. I I'd now like to open it up to the Council and hear whether you share my concern.