COW Minutes 2007 07-24-07 Page 1 of 6
APPROVED 8/14/07
UNITED CITY OF YORKVILLE
COMMITTEE OF THE WHOLE
CITY COUNCIL CHAMBER
July 24, 2007
7:00 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 Marry Munns City Clerk Jackie Milschewski
Alderman Arden Plocher
CITY STAFF PRESENT:
Interim City Administrator Olson Police Lieutenant Schwartzkopf
City Attorney Roth Community Development Director Miller
Finance Director Susan Mika Human Resource Manager Kasper
Public Works Director Eric Dhuse Director of Parks & Recreation Mogul
Police Chief Martin Public Relations Officer Spies
GUESTS:
See attached list.
PRESENTATIONS
None.
DETAILED BOARD REPORT — BILL LIST
Alderman Spears questioned the following payments:
o Page 5 — C.B.M.T. INC. — Streets — 36 Hanging Baskets in the amount of $1800.00. Director Dhuse
explained that this expenditure was for the flower baskets hanging downtown and that the Garden Club
collected the money.
o Page 21— Metro West Cog — Admin -Metro West Renewal Dues in the amount of $3,921.00. Assistant
City Administrator Olson explained that this expenditure was for membership dues (based on population)
for a mayor's caucus group.
o Pages 32 — 33 — Wyeth, Heitz & Bromberek — Legal Services — Marketplace in the amount of 1,537.50.
Alderman Spears questioned why former City Attorney Wyeth was still involved in the Marketplace
development. She questioned if the new City Attorney could take over. Director Mika stated that
Attorney Wyeth was still involved, at the developer's request, when it pertained to the bonds. She
explained that she has needed to contact Attorney Wyeth on a few occasions and needed direction from
the City Council as to what they preferred she do. Interim City Administrator Olson explained that
currently it is easier to contact Attorney Wyeth in these matters. Alderman Spears asked if the documents
that Attorney Wyeth works on stay in City Hall and Administrator Olson stated they did.
o Page 33 — Yorkville Ace & Radio Shack — Eng -Watch Battery in the amount of $5.99. Director Dhuse
explained that a stop watch is used when testing watermains and it needed a new battery.
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Alderman Besco questioned a payment on page 7 — Law Offices of Daniel Kramer - Admin- Plocher and
Milschewski in the amount of $3,835.70. He stated that he remembered Mayor Burd saying that she hired
Attorney Kramer to represent Alderman Plocher and he thought she did this privately. Mayor Burd explained that
she hired Attorney Kramer as a city official after Attorney Wyeth stated he was taking a neutral position in the
lawsuit. Attorney Kramer defended the city's position in order to have a smooth transition and swearing -in
ceremony. Alderman Besco noted that when Attorney Kramer was hired, neither Mayor Burd nor Alderman
Plocher had been officially sworn in. He stated that he found it difficult to ask taxpayers to pay a bill for someone
who hadn't taken office yet.
Attorney Roth explained that he discussed the bill and unusual circumstances with the mayor. He stated that it is
his opinion that under the circumstances which caused the expenditure to not come before the City Council the
expenses were incurred in defense of the city and an official.
There was further discussion regarding the bill received from Kramer and it was suggested that in the future the
City Attorney review all outside legal bills to verify that the charges are reasonable
Alderman Besco asked that the bill be removed from the list as he would like to see the itemized bill before voting
on it. Director Mika presented a copy of the bill to the City Council and Alderman Besco noted that it was made
out to Alderman Plocher.
Alderman Leslie noted he did not have a problem with the bill but stated he would like a policy to be drafted in
order to address similar circumstances in the future. He noted that tin the past there was an instance when a
former director incurred legal fees and Mayor Burd voted against paying them. There was some discussion about
paying reasonable legal fees.
Alderman Spears suggested that this item be removed from the bill list and that a breakdown of the charges and
dates incurred be requested from Attorney Kramer. She also asked if the City Council could review the Executive
Session minutes and tape before the bill is approved.
It was the consensus of the Council to remove the bill from the list until further information could be reviewed
and to schedule an Executive Session at the next City Council meeting for review of the tape regarding this.
Alderman Werderich questioned an item on page 3 — Automotive Specialties, Inc. — Police — Repair Car Wash
Damage in the amount of $1,260.47. Chief Martin explained that a squad car was damaged by the Shell gas
station car wash. The Police Department is dealing with the owners to resolve the matter.
The amended Bill List was placed on the July 24, 2007 City Council meeting agenda.
ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA
1. PS 2007 -14 Sale of 1991 Ford Thunderbird (Old DARE Car)
2. PS 2007 -15 Request to Purchase Vehicles — Planned in FY 07108 Budget
3. PS 2007 -20 Proposed Amendment to Solicitors, Hawkers & Itinerant Merchant Ordinance
Alderman Spears reported that these items were approved unanimously by the Public Safety
Committee to move on to the City Council Consent Agenda. There were no questions or
comments.
These items were placed on the July 24, 2007 City Council Consent Agenda for approval.
MAYOR
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1. EDC 2007 -28 In -Town Road Program (Phase 2 Streets) - Change Orders Nos. I & 2
Director Dhuse reported that there are two different change orders from City Engineer Wywrot
for the sidewalk on Heustis Street between Van Emmon and Fox. The first is for approximately
1100 square feet of stamped concrete sidewalk in the amount of $94,050.00. The second is for
the same amount of conventional sidewalk in the amount of $27,610.00. He noted that funds are
available for the second options which what Mr. Wywrot is recommending for approval.
I
Administrator Olson explained that there was a meeting at Mayor Burd's request regarding the
streetscape of the downtown area. He stated that Mayor Burd would like to see the stamped
concrete sidewalks installed however there are concerns such as periodic maintenance, rough
texture and slipperiness.
Mayor Burd stated that she has received calls from residents who stated they didn't want "cute"
they wanted something functional for the best price. Also, there is a problem with installing this
type of sidewalk on other streets in the city.
Alderman Spears noted that if Option #1 is approved there would be residents on Palmer Court
who would not be happy as their road isn't getting fixed. She stated she was against this option.
Alderman Plocher stated that he spoke with residents who were happy that things were being
done on the street. He suggested that accents of the stamped concrete be used along with the
conventional sidewalk.
Alderman Golinski commented that there were better places in the city to spend the money
needed for Option 1 and Alderman Werderich commented that residents in his Ward were against
the stamped sidewalk.
Alderman Besco noted that he was appalled at the current conditions of the sidewalks on the
street and he recommended Option #2 as Option #1 is too extravagant.
It was the consensus of the Council to move Option #2 to the July 24, 2007 City Council meeting
regular agenda for approval.
ECONOMIC DEVELOPMENT COMMITTEE
No report.
PARK BOARD
No report.
PUBLIC WORKS COMMITTEE
No report.
PUBLIC SAFETY COMMITTEE
1. PS 2007 -10 Request for No Left Turns at Route 47 & Hydraulic and Route 47 & River
Alderman Spears reported that this was discussed and unanimously approved by the Public Safety
Committee.
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Alderman Besco commented he agreed with the request and he questioned how this would be
handled since there is no median at these intersections. Director Dhuse explained that the streets
would be marked with striping and he commented that MOT also approves this change.
This item was placed on the July 24, 2007 City Council regular agenda for approval.
ADMINISTRATION COMMITTEE
1. ADM 2007 -48 Monthly Treasurer's Report for May 2007
Treasurer Powell presented the monthly Treasurer's Report for May 2007. The beginning
balance was $17,228.285.00, May revenues were $3,641.530.00, May expenditures were
$4,759,173.00 for an ending balance of $16,110,642.00. There were no comments or questions.
This item was placed on the July 24, 2007 City Council consent agenda for approval.
2. ADM 2007-54 Proposed Liquor License Ordinance Amendment —Temporary License
Permit
Alderman Munns reported that this amendment of the liquor ordinance allows the city to have its
own beer tent at the Hometown Days Festival. Administrator Olson further explained that the
City will have to go to the state for the license.
Alderman Leslie expressed his concern that resident's may take offense to the city selling liquor.
Attorney Roth explained that it is not uncommon for municipalities to sell or distribute alcohol at
activities such as this.
Alderman Spears noted that none of the regular venders are interested in selling at the event.
This item was placed on the July 24, 2007 City Council regular agenda for approval.
3. ADM 2007 -27 Verification of Employee Driver's Licenses
Alderman Munns reported that this resolution institutes an annual audit of employee's driver
license status and requires that an employee who has their license revoked must report it to their
department head within 24 hours.
Alderman Besco asked if the resolution had been reviewed by the City's labor attorney and
Attorney Roth stated he had reviewed it but the labor attorney had not.
Alderman Spears questioned the language regarding an employee being relieved of duties without
pay. She asked if this meant the employee would be fired. Attorney Roth stated that the language
is open- ended; how they are relieved of their duties depends on management's decision. The
intent of this language is to give the city the right to take action. Alderman Spears asked who
decides to relieve the employee and Attorney Roth indicated that the City Administrator makes
this decision; it is not an issue for the City Council. Alderman Spears requested that language be
added to the resolution to specify that the City Administrator is the decision maker. Alderman
Spears also noted redundant language regarding monthly reports from the department heads and
Attorney Roth indicated it would be deleted.
There was some discussion regarding the monthly reports.
This item, with the recommended changes, was placed on the July 24, 2007 City Council regular
agenda for approval.
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CITY COUNCIL REOUESTS
COW 2007 -12 Governing Ordinance Amendment — Committee Meeting Times
Mayor Burd explained that the Public Safety Committee requested a change of time for their
meeting; from 7:00 p.m. to 6:00 p.m. The Governing Ordinance specifies times for the meetings
so it needs to be amended to remove specific times. Alderman Spears asked that the City's
website be corrected to reflect the new meeting time.
This item was placed on the July 24, 2007 City Council regular agenda for approval.
ADDITIONAL BUSINESS
Solicitors
Alderman Leslie noted that there have been three robberies in his area recently and he has spotted
solicitors going door to door. He asked what the policy was on solicitors. Chief Martin
explained that solicitors have to obtain a license from the Police Department to sell in Yorkville
and there are specific hours of operation. Alderman Leslie asked if the information could be
placed on the website and asked if the City would consider issuing badges to the solicitors. Chief
Martin explained that currently the company the solicitor represents obtains the license so it
would be difficult to issue badges. He also felt that the current policy was working well and he
would not like to vary from it.
Ice Cream Venders
Alderman Leslie questioned the procedures for mobile ice cream venders. Chief Martin
_ explained that ice cream venders are licensed through the Police Department and the Kendall
County Health Department and he explained the procedure for licensing. Alderman Leslie
suggested that the venders display their permits on the vehicles so residents know they have been
approved to sell in Yorkville. Alderman Spears noted that the venders have been previously
discussed and suggested that this be placed on the next Public Safety Committee agenda for
further discussion.
Increase in Railnet Activity
Alderman Golinski asked if there has been an increase in Railnet activity and Chief Martin stated
that there has been. There was a brief discussion regarding trains blocking intersection and
jurisdiction.
Recycling
Alderman Sutcliff stated that residents have spoken to her about having recycling centers in parks
around town. Mrs. Spies stated that she spoke with Veolia who provides containers for the parks
and Hometown Days. They were concerned with people putting regular garbage in recycling
units and suggested that it be done a trial basis first. Director Mogle stated that there have been
problems in the past with this type of operation because people do put regular garbage in with the
recyclables.
Off Street Parking
Alderman Leslie asked that the off street parking ordinance be revisited. He noted burglaries in
his area and felt that if cars were not allowed to park on the streets overnight it would help the
police officers on patrol. Mayor Burd noted that if the issue is only in Alderman Leslie area, a
parking ban could be enacted just in that area. There was some discussion regarding this subject
and Alderman Spears suggested that the aldermen submit the names of streets in their ward that
are minor or major collectors and the Public Safety Committee will look into this. Interim City
Administrator Olson noted that the GIS system can identify the streets. There was also some
discussion regarding the parking ban survey. It was recommended that this item be placed on a
Public Safety Committee agenda.
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There was no further additional business.
The meeting was adjourned at 8:15 P.M.
Minutes submitted by Jackie Milschewski, City Clerk