City Council Minutes 2009 11-10-09 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,,
HELD IN THE CITY COUNCIL CHAMBERS,,
800 GAME FARM ROAD ON
TUESDAY, NOVEMBER 10, 2009
Mayor Burd called the meeting to order at 7:05 p.m. and led the Council in the Pledge of Allegiance.
ROLL CALL
Clerk Milschewski called the roll.
Ward I Gilson Present
Werderich Present
Ward II Golinski Present
Plocher Present
Ward III Munns Present
Sutcliff Present
Ward IV Teeling Present (arrived at 7:25 p.m.)
Spears Present
Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Gardiner, Assistant City
Administrator Olson, Finance Director Mika, Public Works Director Dhuse, Police Chief Martin, Police
Lieutenants Schwartzkopf and Hart, Community Development Director Miller, City Engineer Wywrot
and Public Relations Officer Spies
QUORUM
A quorum was established.
INTRODUCTION OF GUESTS
Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them
to enter their names on the attendance sheet provided.
AMENDMENTS TO THE AGENDA
Mayor Burd requested that the Executive Session be moved up on the agenda to before the Mayor's
Report.
Alderman Gilson requested that Item #2 - the Ordinance amending the Code of Ordinances regarding
Towing of Vehicles (PS 2009 -32) be removed from the consent agenda and be placed on the regular
agenda under the Public Safety Committee Report.
Amendments approved unanimously by a viva voce vote.
COMMITTEE MEETING DATES
Public Works Committee Meeting: 6:30 p.m., November 17, 2009
City Hall Conference Room
Economic Development Committee: 7:40 p.m., December 1, 2009
City Hall Conference Room
Administration Committee Meeting: Cancelled
Public Safety Committee Meeting: 6:00 p.m., December 21, 2009
City Hall Conference Room
CITIZEN COMMENTS
Mayor Burd asked the City Council to allow Sean Michels to address them before the presentation. Mr.
Michels introduced himself and explained he was runnin against Chris Lauzen for senate. He gave some
background information and stated he wanted to bring tax dollars back to the area. He asked the City
Council for support.
PRESENTATIONS
FY 08/09 Audit
Mike Senko and Tina. Ward from Wolf & Company, LLP presented the City Council with the Annual
Financial Report for the year ended April 30, 2009. Mr. Senko thanked everyone for their support during
the audit. He reported that there were some setbacks however the audit was still filed in a timely fashion.
The Minutes of the Regular Meeting of the Citv Council — November 10, 2009 — Dne 2
The auditors performed their internal control function and issued a clean opinion of the city. Even with
new standards and requirements nothing came to their attention. He touched upon what he felt was the
most important; the Statement of Net Assets on pages 10 and 11. He noted cash equivalents,
unencumbered cash position and the decrease and control of spending. He entertained comments and/or
questions.
Alderman Gilson noted that the City Council just received a copy of the Report on Internal Controls and
asked Mr. Senko could sum up the report. Mayor Burd asked that budget questions be asked first and
then the Internal Control Report could be addressed.
Alderman Golinski questioned the following:
• Page 6 - indicates that the General Fund is down from last year. How many days out is the fund?
Mr. Senko estimated about 45 days. Mayor Burd added that decrease is related to lower permits
and decreased development.
• Pages 11 & 14 — General Fund Assets show a cash equivalent of zero. Does this mean there is no
cash and is this normal? Mr. Senko explained that the cash equivalent is zero which is not
necessarily normal or abnormal. In government accounting cash could be in a sewer fund and
readily available.
• Page 22 — Statement of Net Assets — Sewer. Are these funds to be paid back and if so what is the
time line? Mr. Senko explained that yes these funds need to be paid back however there is no
timeline; payback is based on available funds. Ms. Ward added that the sanitary sewer
infrastructure funds will have to be turned over to the Yorkville Bristol Sanitary District.
• Page 35 — were deficits funded by sewer operations? Ms. Ward indicated they were. Alderman
Gohnski suggested that next year the city have a plan for deficit elimination.
• Page 39 — Capital Assets — Construction. Why the decrease? Ms. Ward explained that some
projects had balances carried over from previous years. Part of the negative was funds paid out of
the In -Town Road Program. There was also a transfer made into the water /sewer fund. Mr.
Senko indicated that this is explained further on page 40.
• Page 41 — Long-term Debt. Is the $3 million due in one year principal only and what is due next
year? Ms. Ward stated it was principal only and she explained that the table only shows the
amounts due next year. Is $4.4 million needed for payments next year? Ms. Ward stated it was.
• Page 49 — General Obligation Bonds. Principal and interest is to come from sewer connection
fees; if these are not sufficient then property tax will be used. Would the City Council need to
vote on the use of property tax funds? Mr. Senko stated they would and Director Mika added that
this was per the abatement ordinance. Mr. Olson stated that a levy extension vote would be
needed.
• Page 56 —He complimented the job they did showing Interfund Receivables and Payables.
There were no further questions or comments on the audit.
Mr. Senko addressed the Report on Internal Controls. He stated that the new standards require that they
communicate on areas needing improvement during the current year and the prior year's comments. The
report contains this information.
Ms. Ward noted that one of the additional comments is on page 4 regarding the purchasing function of the
city. Some departments may not be recognizing that the budget is prepared for the entire year. Proper
approval should be made in advance of the actual purchases and the amounts should be cross referenced
to line items. The second additional comment is on page 11 regarding the transfer of funds between
banks. The procedures for these transactions are inconsistent.
Alderman Gilson had questions on the following items in the Report on Internal Controls:
• Page 3 - Capital Assets being misstated. He asked if this was a material weakness and Mr. Senko
stated it was and that it came to light last year. Alderman Gilson asked for more detail and Ms.
Ward explained that more specific information was available regarding this on page 58 of the
2008 report.
• Page 2 - questioned the recommendation that the city write off bad debt. Mr. Senko explained
that any bad debt should either be put in reserve or written off. If written off, collection should
still be pursued and if it is collected it should be shown as bad debt collection. Alderman Spears
questioned putting bad debt in reserve. Mr. Senko explained that a reserve account is created
which offsets receivables.
• Page 2 — questioned the accounts receivable ledger not agreeing with the general ledger. He asked
where he could find this information on the audit. Mr. Senko explained that this was noted in a
footnote. He felt it may have been caused by a glitch in the city's software.
The Minutes of the Reeular Meeting of the Citv Council — November 10, 2009 — vaLye 3
• Page 4 — Purchasing Function. He questioned how staff was not recognizing that the budget is for
the fiscal year. Mr. Senko stated that this was a generalized comment to curb spending.
• Page 4 — Park & Recreation Cash Receipts. He asked if there was a significant difference
between the cash collection and deposits. Mr. Senko explained that they were not saying the
numbers are inaccurate however the Finance Department and the Park & Recreation Department
are runnin two different accounting systems and sometimes amounts do not reconcile.
• Page 6 — Cash Disbursement Policies. He asked for information on PO's not being used. Ms.
Ward explained that the incorrect use of PO's was reported in the past and that inconsistencies
were found again this year. Mr. Senko added that if there is an error repeated, they select twenty
areas to review again. This year only one or two errors were found and they did not feel this was
a problem.
• Page 6 — He questioned unsigned invoices, miscoded invoices and the use of manual checks. Ms
Ward explained that recommendations regarding these items have been made in the past. She
thought these things would be enforced however there were more manual checks issued than
expected. Mr. Senko recommended that the staffing of the Finance Department be reviewed as
they usually see finance departments having significantly more people.
• Page 8 — Interfund Activity. He questioned transactions not reflecting detail amounts. Ms. Ward
explained that the ledger doesn't report funds due from one account to another. Mr. Senko added
that this is not abnormal however more detail makes the auditor's job easier.
• Page 10 — Actuarial Valuations of Pension Funds. He asked if yearly audits were being
performed. Treasurer Powell indicated they were not.
Alderman Spears clarified that it was the auditor's recommendation that spending should be watched.
She also questioned if the six month review of the budget should be discontinued. Mr. Senko stated that
he did recommend that the review be discontinued. He explained that once a budget is adopted it should
not be changed. Review of the budget should be daily or weekly. Mayor Burd questioned how the City
Council should respond to items during the recession without changing the budget. Mr. Senko explained
that he has seen big swings in budgets each year however he does not usually see budget adjustments.
Alderman Spears noted that everyone has depended on the six month budget review however she does not
support it.
There were no further questions or comments. Mayor Burd thanked Mr. Senko and Ms. Ward for their
work.
PUBLIC HEARINGS
None
CITIZEN COMMENTS
Scott Gengler, State Street, addressed the City Council. He commented that the School District held a
meeting for public input on the superintendent search. He was curious why no one from the City Council
attended. He stated that hiring a new superintendent was serious and he wanted the School District and
the City Council to have a good relationship. Mayor Burd asked if there were any more sessions and Mr.
Gengler stated he was unsure. He explained that there had been several session times for various groups
to attend. He indicated that information on the meetings was on the School District website. Clerk
Milschewski gave the City Council the School District website.
CONSENT AGENDA
1. Police Reports for September 2009 (PS 2009 -34)
Mayor Burd entertained a motion to approve the Consent Agenda as amended. So moved by Alderman
Golinski; seconded by Alderman Spears.
Motion approved by a roll call vote. Ayes -8 Nays -0
Golinski -aye, Werderich -aye, Plocher -aye, Spears -aye,
Munns -aye, Sutcliff -aye, Gilson -aye, Teeling -aye
PLAN COMMISSION /ZONING BOARD OF APPEAL
Ordinance 2009 -60 Approving a Variance in Height for a Telecommunication Tower for
SAC Wireless, LLC
Director Miller reported that there was a public hearing for the variance held in September. Afterward the
Zoning Board of Appeals voted in 3 -2 in favor of the variance. Staff had positive findings and the ZBA
minutes were provided to the City Council for review. The petitioner is asking for a variance to the
The Minutes of the Regular Meetine of the Citv Council — November 10, 2009 — vaae 4
height requirement of 100' or less so they can construct a 199' tower.
Mayor Burd entertained a motion to approve an ordinance approving a variance in height for a
Telecommunications Tower for SAC Wireless LLC and authorize the Mayor and City Clerk to execute.
So moved by Alderman Werderich; seconded by Alderman Golinski.
Alderman Gilson noted that the petitioner is asking for double the allowable height. He asked if the tower
could be built less than 99 ". The representative from SAC explained that a shorter tower would not work
with the topography. Also, a higher tower can handle more carriers resulting in fewer towers. He also
addressed coverage, capacity and noted that the tower is for Verizon however two other carriers will also
be using it.
Motion approved by a roll call vote. Ayes -8 Nays -0
Teeling -aye, Gilson -aye, Sutcliff -aye, Munns -aye,
Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye
MINUTES FOR APPROVAL
A motion was made by Alderman Sutcliff to approve the minutes of the City Council meetings of October
27, 2009; seconded by Alderman Golinski.
Alderman Golinski complimented Deputy Clerk Pickering for her fine job on the minutes since it was a
hard meeting to cover.
Motion approved unanim ously by a viva voce vote.
BILLS FOR APPROVAL
A motion was made by Alderman Sutcliff to approve the paying of the bills listed on the Detailed Board
Report dated November 2, 2009 totaling the following amounts: checks in the amount of $410,797.15
(vendors); $260,260.63 (payroll period ending 10/24/09); $20,407.36 (payroll period ending 10/31/09);
for a total of $691,465.14; seconded by Alderman Golinski.
Alderman Gilson questioned the third question addressed on Director Mika's November 9, 2009 memo
regarding bill list questions. He noted that Alderman Teeling's shirt was $22.00 and he wondered what
the remainder was for. Director Mika stated she looked at the invoice and the total was $48.25 and that
she would look into it further. He also asked what the $430.17 mentioned in question # 13 covered.
Director Mika stated that it covered the Mayor's hotel and meals at the IlVIL Conference. Alderman
Gilson asked how many nights were included and Mayor Burd explained it was for one night and she
actually got a lower room rate because she booked it at the last minute. Mayor Burd questioned Director
Mika as to the amount; she felt it seemed too high. Director Mika stated she would take a closer look at
the VISA bill and verify the charges. Mayor Burd also noted she wrote a check to reimburse some of her
expenses and she asked Director Mika to look into this also.
Alderman Spears questioned a $36.00 payment for a Senior Service meeting. Mayor Burd stated that this
was for the Senior Service luncheon and fashion show.
Motion approved by a roll call vote. Ayes -7 Nays -1
Munns -aye, Plocher -aye, Spears -nay, Sutcliff -aye,
Werderich -aye, Teeling -aye, Golinski -aye, Gilson -aye
EXECUTIVE SESSION
Mayor Burd entertained a motion to go into Executive Session for the purpose of
• For litigation, when an action against, affecting, or on behalf of the particular public body has
been filed and is pending before a court or administrative tribunal, or when the public body finds
that an action is probable or immin ent, in which case the basis for the finding shall be recorded
and entered into the minutes of the closed meeting.
• For the purchase or lease of real property for the use of the public body
• 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.
So moved by Alderman Munns; seconded by Alderman Werderich.
The Minutes of the Reeular Meeting of the Citv Council — November 10, 2009 — VaSe 5,
Motion approved by a roll call vote. Ayes -7 Nays -0
Spears -aye, Werderich -aye, Teeling -aye, Golinski -aye, Gilson -aye, Munns -aye, Plocher -aye
Alderman Sutcliff was not present for the vote.
The City Council entered into Executive Session at 8:10 p.m.
The City Council returned to regular session at 9:30 p.m.
REPORTS
MAYOR'S REPORT
Appointment to Human Resource Commission - Margene Westlund
(CC 2009 -85)
Mayor Burd entertained a motion to approve the appointment of Margene Westlund to the Human
Resource Commission. So moved by Alderman Golinski; seconded by Alderman Munns.
Mayor Burd reported that Ms. Westlund is a new resident who wants to volunteer her time.
Motion approved by a roll call vote. Ayes -8 Nays -0
Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye,
Plocher -aye, Werderich -aye, Gohnski -aye, Teehng -aye
Governor's Hometown Award
(CC 2009 -86)
Mayor Burd reported that the United City of Yorkville has won a 2009 Governor's Hometown Award
because of the Kendall County Food Pantry. She went downstate with Maria Spaeth from the food
pantry, Mrs. Spies and Police Sergeant Groesch to accept the award on behalf of the city. She explained
that there are eight categories based on population. Yorkville came in first in the general category and
first in the population category. She stated that the project to find a new location for the Kendall County
Food Pantry came out of the Human Resource Commission. Sergeant Groesch found a space in the
industrial park which he got donated for three years. The food is set up so that those in need can get a cart
and get the things they need. She expressed her pride in everyone's part in the food pantry.
Tag Levy Estimate
(CC 2009 -87)
Director Mika explained that this is a three part process; estimating next year's total property tax levy,
holding a public hearing and then approving the tax levy. The city is allowed to increase the levy over the
previous years by 5 %. She recommended that the amount of $3,276,306.00 be used as the tax levy
estimate.
Mayor Burd entertained a motion to approve a tax levy estimate for 2009, to be used for purposes of
conducting a public hearing on the tax levy in the amount of $3,276,306.00. So moved by Alderman
Golinski; seconded by Alderman Munns.
Alderman Spears commented that the tax rate appeared to increase a person's property bill by $18.00 per
$250,000.00 home. This does not take into consideration the increases of other taxing bodies so a
resident could see a tax increase of about $100.00.
Director Mika explained that the Library Board has agreed to move forward with the same levy amount as
last year. Mayor Burd added that if the Library Board increases the library levy then the city has to
decrease its levy.
Interim City Administrator Olson estimated an increase of $438.00 for a $250,000.00 house if the City
Council approves but feels $425.00 is more realistic. He stated that due to property values and new
construction being down, the EAV will be down so the reassessed amount should be lower.
Motion approved by a roll call vote. Ayes -6 Nays -1 Present -1
Sutcliff -aye, Munns -aye, Spears - present, Plocher -aye,
Werderich -aye, Golinski -aye, Teeling -aye, Gilson -nay
The Minutes of the ReLyular Meetine of the Citv Council — November 10, 2009 — pale 6
Resolution 2009 -49 Authorization Participate is USDA Rural Business Enterprise
Grant Application
(CC 2009 -88)
Mayor Burd entertained a motion to approve a Resolution of Authorization to participate in USDA Rural
Business Enterprises Grant Application and authorize the Mayor and City Clerk to execute. So moved by
Alderman Sutcliff, seconded by Alderman Golinski.
Mayor Burd reported that this is a 100% grant with no city matching funds. Alderman Spears confirmed
that there were no penalties involved with the grant.
Motion approved by a roll call vote. Ayes -6 Nays -1 Present -I
Munns -aye, Spears -nay, Plocher -aye, Werderich -aye,
Golinski -aye, Teeling -aye, Gilson- present, Sutcliff -aye
Resolution 2009 -50 IDOT Highway Permit and Resolution — Fountainview
(CC 2009 -89)
Mayor Burd entertained a motion to approve the IDOT Highway Permit and Resolution for Fountainview
and authorize the Mayor and City Clerk to execute. Seconded by Alderman Munns; seconded by
Alderman Plocher.
Motion approved by a roll call vote. Ayes -8 Nays -0
Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye,
Teeling -aye, Gilson -aye, Sutcliff -aye, Munns -aye
CITY COUNCIL REPORT
No report.
ATTORNEY'S REPORT
No report.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
No report.
CITY ADMINISTATOWS REPORT
Interim City Administrator Olson reported that Deputy Clerk Pickering and Mrs. Ostreko attended a
seminar by the Illinois Attorney General about the new FOIA law. Also, the paving in Windett Ridge is
complete except for Windett Ridge Road which should be done in the next day or so.
FINANCE DIRECTOR'S REPORT
Director Mika reported that the Fitch Group who rates the city's general obligation bonds and debt
certificate has decreased the city's bond rating one notch however the rating is still favorable. Director
Mika read Fitch's report which indicated that it was in favor of the changes the city has made.
DIRECTOR OF PUBLIC WORKS REPORT
Director Dhuse reported that leaf pickup would be done on the south side of the river this week; east of
Route 47 would be picked up Thursday and the west side was done today. Alderman Spears asked if the
Public Works Department could create signs similar to the hydrant flushing signs indicating residents
should not place leaves in the street. Director Dhuse also reported that the well contractor will be
repairing the pump and he would keep the City Council informed of the situation.
CHIEF OF POLICE'S REPORT
No report.
DIRECTOR OF PARKS & RECREATION'S REPORT,
Interim City Administrator Olson reported that there would be a "buy one year, get six month free" Rec
Center sale November 21' through November 29th. This is being offered to both new and existing
members. The Park Board will also be holding a strategic planning meeting this coming Saturday at 9:00
a.m. at the park building on Hydraulic.
COMMUNITY DEVELOPMENT DIRECTOR REPORT,
No report.
i
The Minutes of the Regular Meeting of the Citv Council — November 10., 2009 — page 7
COMMUNITY RELATIONS OFFICER'S REPORT,
Mrs. Spies reported that Holiday Under the Stars would be held November 20, 2009 from 5:00 to 9:00
p.m. at Town Square Park. Mayor Burd added that the cost of the event is being covered by donations.
Also, the Chili Chase run would be held on November 22, 2009.
COMMUNITY & LIAISON REPORT
Alderman Spears reported on the following:
Yorkville High School Cross Country Team
The Yorkville High School cross -country team competed last weekend along with twenty -one other
teams. The girl's team finished in second place which is the highest place the team has ever finished.
Two girls also qualified for state.
Autumn Creek Elementary School
She and Alderman Gilson attended the Autumn Creek Elementary School dedication on November 0'.
The event was well attended with many parents, children and two former aldermen being present.
Donations
Travel Services is collecting new or gently used items for dogs for the Eye of a Sparrow dog rescue. Also
the Knights of Columbus is taking donations for needy families.
Library Board
Alderman Plocher reported that he attended the Library Board meeting where they voted to keep their tax
levy the same as last year. He also attended the School Board meeting for a new superintendent.
Mayor Burd reported on the following:
Boa t Ramp Grant
She went to Springfield and met with Mark Miller of the IDNR to discuss the boat ramp grant. The
IDNR sees the need for the ramp and hopefully the city will get a $250,000.00 grant for the ramp and
parking lot.
Prairie Parkway
She accompanied Ann Vickery to meet with the governor's chief of staff. The discussed the need for the
Prairie Parkway. They presented their case which she felt was well received.
Economic Development
She went to the governor's office and lobbied on behalf of the city with regards to economic
development.
REPORTS
PUBLIC WORKS COMMITTEE REPORT
Merlin's 200,000 Mile Shop (H &H Property Group) — Sidewalk Agreement
(PW 2009 -99)
A motion was made by Alderman Plocher to approve the sidewalk installation covenant between H &H
Property Group and the United City of Yorkville and authorize the City Administrator to execute;
seconded by Alderman Golinski.
Alderman Werderich questioned City Engineer Wywrot's October 29, 2009 memo regarding the
sidewalk. Mr. Wywrot explained that IDOT is working on getting a sidewalk or trail along Route 47.
Alderman Werderich stated that he thought the agreement with Merlin's was to provide sidewalks along
Route 47 and he did not feel it would be wise to put a sidewalk at this location. He thought it should be
along the west side of Route 47. He also noted that there are existing sidewalks with gaps in between
them. Mr. Wywrot stated that IDOT will fill the gaps when Route 47 is done.
Motion approved by a roll call vote. Ayes -8 Nays -0
Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye,
Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye
Raintree Village Units 2 & 3 — Final Acceptance and Parks Agreement
(PW 2009 -108)
A motion was made by Alderman Plocher to approve parks agreement for Lots 213, 214, 215 and 286 and
accept public improvements for ownership and maintenance for Units 2 & 3, subject to satisfactory
completion of the surface course paving, receipt of satisfactory bills of sale and confirmation that the
terms of the parks agreement have been fulfilled; seconded by Alderman Golinski.
The Minutes of the Regular Meeting of the Citv Council — November 10. 2009 — nage 8
Alderman Gilson asked if the sidewalks per the punch list were complete. Mr. Wywrot stated that most
of the sidewalks have been completed along with the completion of additional sidewalks that were not on
the punch list. The developer is also working on the drainage issues with him.
Motion approved by a roll call vote. Ayes -6 Nays -1 Present -1
Werderich -nay, Golinski -aye, Teeling -aye, Gilson -aye,
Sutcliff- -aye, Munns -aye, Spears - present, Plocher -aye
ECONOMIC DEVELOPMENT COMMITTEE REPORT
Ordinance 2009 -61 Approving a Special Use Permit Application for a
Telecommunications Tower Energy Systems — (SAC Wireless)
(PC 2009 -14)
A motion was made by Alderman Golinski to approve an ordinance approving a Special Use Permit
Application for a telecommunication tower and authorize the Mayor and City Clerk to execute; seconded
by Alderman Munns.
Alderman Spears reported that this was discussed at length at the Economic Development Committee
meeting. She stated that staff was going to review and update the fees associated with tower. The
committee also recommended a separate ordinance to address this.
Alderman Sutcliff asked if KenCom would be able to use the tower and was told that it was up to Verizon
to determine this.
Motion approved by a roll call vote. Ayes -8 Nays -0
Golinski -aye, Teeling -aye, Gilson -aye, Sutcliff -aye,
M iinnc -aye, Spears -aye, Plocher -aye, Werderich -aye
PUBLIC SAFETY COMMITTEE REPORT
Ordinance Amending the Code of Ordinances Regarding Towing of Vehicles
(PS 2009 -32)
A motion was made by Alderman Werderich to approve an ordinance amending the Code of Ordinances
regarding towing of vehicles and authorize the Mayor and City Clerk to execute; seconded by Alderman
Spears.
Alderman Munns commented on Item 41 concerning the lack of consent from a vehicle owner. He
questioned what would happen if he left his car in the Jewel parking lot overnight. Chief Martin stated
that the lot is private property and it is legal for them to tow vehicles.
Mayor Burd asked Attorney Gardiner for his opinion and he stated that the ordinance will allow the
Police Department to handle certain situations, incorporates the adjudication process and adopts state law.
Chief Martin agreed that the ordinance would help the officers' deal with things like DUI enforcement.
Alderman Gilson questioned that if a vehicle's owner does not file in seven days for a pre tow hearing,
was their right to a hearing waived. He stated that he struggled with this provision. Attorney Gardiner
stated that Section 6 -5 -6 addresses the seizure and impoundment of vehicles. It is not the goal of the
Police Department to use this ordinance on cars just parked on the street.
Alderman Gilson questioned why the request for a hearing had to be made in person. Attorney Gardiner
stated that this could be amended however it gave the Chief a chance to meet offenders in person.
Alderman Gilson felt that offenders should be allowed the option to mail in their request.
Alderman Gilson questioned Section 6 -5 -11 - Vehicle Possession regarding the agreement in writing to
refund the City the amount of the proceeds from any foreclosure sale, etc. He asked if this was an "IOU".
Attorney Gardiner explained that this section is designed to protect the party who has alien against the
car. Alderman Gilson stated that he felt that the money should be given to the city upfront.
There was a brief discussion regarding an amendment to the wording of the ordinance regarding payment
to the city. Attorney Gardiner was hesitant to amend the ordinance as it was drafted by Attorney Orr and
he was not sure of her intent.
The Minutes of the Regiilar Meeting of the Citv Council — November 10, 2009 — page 9
Mayor Burd suggested that the ordinance be tabled until Attorney Orr could be consulted. She
entertained a motion to table the ordinance. So moved by Alderman Gohnski; seconded by Alderman
Spears.
Motion approved by a roll call vote. Ayes -8 Nays -0
Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye,
Plocher -aye, Werderich -aye, Gohnski -aye, Teeling -aye
Alderman Werderich noted that there was an opening for a School Board liaison from the Public Safety
Committee. Anyone interested should talk with him.
ADMINISTRATION COMMITTEE REPORT
No report.
ADDITIONAL BUSINESS
Kendall County Food Pantry
Alderman Spears thanked Jeaness Medin and all those who started the Kendall County Food Pantry. She
commented on how they worked for years in poor conditions. She also thanked Maria Spaeth for
continuing the work.
Grande Reserve Meeting
Mayor Burd reported that she would be holding a meeting at the Grande Reserve Elementary School
cafeteria on November 16, 2009 at 7:00 for residents of the Grande Reserve subdivision. Kendall County
Treasurer Jill Ferko, Kendall County Chief Assessor Andy Nicoletti and Attorney Bob Pilmer will be in
attendance to discuss how taxes are assessed and how to appeal taxes. City staff will also be on hand to
discuss public safety, BAC meetings and code enforcement. She invited Grande Reserve residents to
attend. Alderman Spears asked if this was going to be a posted meeting and Mayor Burd stated it would
not. It was a meeting for her to meet with her constituents. Alderman Spears clarified that members of
the City Council could attend and Mayor Burd stated that could if they did not participate in the
discussion.
ADJOURNMENT
Mayor Burd entertained a motion to adjourn the meeting. So moved by Alderman Werderich; seconded
by Alderman Munns.
Adj ournment of the meetings was unanimously approved by a viva voce vote.
Meeting adjourned at 10:25 P.M.
Minutes submitted by:
I
1 Milschewski
Jacquelyn ,
City Clerk City of Yorkville, Illinois
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SIGNIN
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Memorandum
To: City Council
EST. 1836
From: Susan Mika, Finance Director
CC: Mayor Burd; Bart Olson, Assistant City Administrator
;A Date: November 9, 2009
Subject: Bill List Questions 11-10-09 City Council Agenda
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The following are questions from the November 9, 2009 bill list:
1. Under Big Rock Cookie Company page 3 - We paid $87.50 for cookies for Volunteer
Appreciation Day? How many cookies do we get for $87.00?
Response: This was for the volunteer appreciation day. 65 cookies were chocolate
chip and 60 were dark chocolate with mint chips.
2. Under Four Seasons Amusements page 7 - I wanted confirmation that this amount spent
will be 100% covered by donations. Please confirm.
Response: This is for Holiday Under the Stars and the direction from the Mayor is
donations must cover the expenses incurred for this event. Donations have been received
that cover all costs,
3. Under Fox Valley Trading Company page 7 - Please detail whose shirts we paid for.
Response: This was for a City of Yorkville Alderman shirt for Alderwoman Teeling.
4. Under HD Supply Waterworks page 8 - Please detail model and size of meter purchased
for $ 1,068.00.
Response: SR I" ECR/TP 100CF Meter, 4whl SA Rocksyn Chamber CI bottom.
5. Under Jim and Becky's page 10 - Please confirm that this expenditure will 100% be
covered by donations.
Response: This is for Holiday Under the Stars and the direction from the Mayor is
donations must cover the expenses incurred for this event. Donations have been received
that cover all costs.
6, Under Kelly Inflatables page 10 - Please confirm that this expenditure will be 100%
covered by donations.
Response: This is for Holiday Under the Stars and the direction from the Mayor is
donations must cover the expenses incurred for this event. Donations have been received
that cover all costs.
7, Under Lamplight Singers page 11 -Please confirm that this expenditure will 100% be
covered by donations.
Response: This is for Holiday Under the Stars and the direction from the Mayor is
donations must cover the expenses incurred for this event. Donations have been received
that cover all costs.
8. Under Menards page 12 - Please explain $1.56 for purified water.
Response: This was for the folding and stuffing machine that requires purified water.
9. Under Parkview Christian Academy page 17 - Please confirm that 100% of this
expenditure will be covered by donations.
Response: This is for Holiday Under the Stars and the direction from the Mayor is
donations must cover the expenses incurred for this event. Donations have been received
that cover all costs.
10. Under Glory Spies page 20 - Please detail. Please confirm that 100% of this $400
expense will be covered by donations.
Response: This money is to be used to make change for the $5 per family charge for
event attractions at Holiday Under the Stars. Once the event is over, this money will be
replenished back into this line item.
11. Under Target Bank page 21 - Please detail what event these purchases were for.
Response: Part of this charge was for the Volunteer appreciation day and the
remaining amount was for supplies for City Hall.
12. Under Upper Crust Catering page 22 - Please detail what event these purchases were for
in the amount of $300.00.
Response: This was for the Community Volunteer Appreciation Day.
13. Under Visa page 23 - Please detail lodging and meals for this $466.17. What did this
cover and for whom?
Response: $430.17 was for the Mayor's attendance to the M, conference and $36
was for the Mayor to attend the Senior Services meeting.
14. Under Yorkville Area Chamber of Commerce page 25 - Please detail who this $25 paid
for and what it covered.
Response: This was for the monthly Chamber luncheon meeting that the Community
Relations Officer attended in the Mayor's place.