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City Council Minutes 2008 12-09-08 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE. KENDALL COUNTY, ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY, DECEMBER 9, 2008 Mayor Burd called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Allen Present Werderich Present Ward II Golinski Present Plocher Present Ward III Munns Present Sutcliff Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Orr, City Administrator McLaughlin, Assistant City Administrator Olson, Finance Director Mika, Police Lieutenant Schwartzkopf, Director of Park & Recreation Mogle, Community Development Director Miller and Public Relations Officer Spies OUORUM 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 Alderman Allen asked that the City Attorney's report be moved before the consent agenda. The change was unanimously approved by a viva voce vote. COMMITTEE MEETING DATES Public Works Committee 6:00 p.m., December 16, 2008 City Hall Conference Room Economic Development Committee 7:00 P.M., January 6, 2008 City Hall Conference Room Administration Committee 6:30 p.m., January 8, 2008 City Hall Conference Room Public Safety Committee 6:00 P.M., December 18, 2008 City Hall Conference Room PRESENTATIONS Service Award Presentation — Chris Rollins Mayor Burd and Director Mogle presented Chris Rollins with an Illinois Association of Park District Service Award for his ten years of service on the Park Board. Mayor Burd read his service history with the city and his accomplishments. Director Mogle stated he was pleased to serve with Mr. Rollins and fellow Park Board member Deb Horaz stated that Mr. Rollins was wonderful to work with and a good mentor. Presentation of Check for Heartland Circle Park Representatives from Yorkville's Junior Woman's Club presented Mayor Burd, Director Mogle and Mr. Rollins with a check in the amount of $6,000.00 for the Heartland Circle Park. Mr. Rollins thanked them and added that the Junior Woman's Club has been a great friend to Yorkville parks and were the group that bought the first piece of handicap accessible equipment for the parks. PUBLIC HEARINGS None. The Minutes of the Regular Meeting of the Citv Council — December 9. 2008 — nab CITIZEN COMMENTS None. ATTORNEY'S REPORT Alderman Allen explained that he asked that the attorney's report be made before the consent agenda so that he could get more information about the abatement of taxes. Attorney Orr explained that there are two types of bonds referenced; SSA bonds and alternative revenue bonds. With SSA bonds, each issue is distinctive. The amount of SSA bonds are reviewed each year and it is confirmed that the amount for the next twelve month period is available so that they can be abated. Alternate Revenue Bonds have an alternate revenue source such as TIF accounts. There are sufficient funds from the alternate revenue source to pay these this year. When these are presented to the City Council, staff has done the most responsible investigation of revenue sources available. She stated that these abatements are in the best interest of the taxpayers. Alderman Spears clarified that the city has the funds for every abatement listed and Attorney Orr reiterated that it did. CONSENT AGENDA 1. Resolution 2008 -45 - Re- Adopting Design Guidelines from the Repealed Southern Study Area Comprehensive Plan — authorize the Mayor and City Clerk to execute - ( EDC 2008 -55) 2. Resolution 2008 -46 - Approving a Revised Economic Incentive Policy — authorize the Mayor and City Clerk to execute (EDC 2008 -12) 3. Ordinance 2008 -104 - Abating Special Service Area Taxes for Special Service Area Number 2003 -100 (Ra.intree Village Project) and Approving the Amended Special Tax Roll — authorize the Mayor and City Clerk to execute (CC 2008 -98) 4. Ordinance 2008 -105 - Abating Special Service Area Taxes for Special Service Area Number 2004 -107 (Raintree Village H Project) — authorize the Mayor and City Clerk to execute (CC 2008 -99) 5. Ordinance 2008 -106 - Abating Special Service Area Taxes for Special Service Area Number 2003 -101 (Windett Ridge Project) and Approving the Amended Special Tax Roll — authorize the Mayor and City Clerk to execute(CC 2008 -100) 6. Ordinance 2008 -107 - Abating Special Service Area Taxes for Special Service Area Number 2004 -104 (Central Grande Reserve) and Approving the Amended Tax Roll — authorize the Mayor and City Clerk to execute (CC 2008 -101) 7. Ordinance 2008 -108 - Abating Special Service Area Taxes for Special Service Area Number 2004 -106 (Total Grande Reserve) — authorize the Mayor and City Clerk to execute (CC 2008- 102) 8. Ordinance 2008 -109- Abating Special Service Area Taxes for Special Service Area Number 2005 -108 (Autumn Creek Project) and Approving the Amended Special Tax Roll — authorize the Mayor and City Clerk to execute (CC 2008 -103) 9. Ordinance 2008 -110 - Abating Special Service Area Taxes for Special Service Area Number 2005 -109 (Bristol Bay I Project) and Approving the Amended Special Tax Roll — authorize the Mayor and City Clerk to execute (CC 2008 -104) 10. Ordinance 2008 -111 - For the Amended Levy and Assessment of Taxes for the Fiscal Year Beginning May 1, 2009 and Ending April 30, 2010 In and For Special Service Area Number 2004 -201 (Fox Hill) — authorize the Mayor and City Clerk to execute (CC 2008 -105) 11. Ordinance 2008 -112 - For the Amended Levy and Assessment of Taxes for the Fiscal Year Beginning May 1, 2009 and Ending April 30, 2010 In and For Special Service Area Number 2006 -119 (Sunflower Estates) — authorize the Mayor and City Clerk to execute (CC 2008 -106) 12. Ordinance 2008 -113 - Abating the Tax Hereto Levied for the Year 2008 to Pay the Principal of and Interest on $11,300,000.00 General Obligation Bonds (Alternative Revenue Source), Series 2005D, (Rob Roy Creek) - authorize the Mayor and City Clerk to execute (CC 2008 -107) 13. Ordinance 2008 -114 - Abating the Tax Hereto Levied for the Year 2008 to Pay the Principal of and Interest on $3,500,000.00 General Obligation Bonds (Alternative Revenue Source), Series 2004B, (Countryside Interceptor) - authorize the Mayor and City Clerk to execute (CC 2008 -108) 14. Ordinance 2008 -115 - Abating the Tax Hereto Levied for the Year 2008 to Pay the Principal of and Interest on $625,000.00 General Obligation Bonds (Alternative Revenue Source), Series 2002, (Fox Industrial Park) - authorize the Mayor and City Clerk to execute (CC 2008 -109) 15. Ordinance 2008 -116 - Abating the Tax Hereto Levied for the Year 2008 to Pay the Principal of and Interest on $3,825,000.00 General Obligation Bonds (Alternative Revenue Source), Series 2005A, (In -Town Road Program) - authorize the Mayor and City Clerk to execute (CC 2008 -110) 16. Ordinance 2008 -117 - Abating the Tax Hereto Levied for the Year 2008 to Pay the Principal of and Interest on $2,000,000.00 General Obligation Bonds (Alternative Revenue Source), Series 2005C, (Waterworks & Sewer) - authorize the Mayor and City Clerk to execute (CC 2008 -111) The Minutes of the Regular Meetine of the Citv Council — December 9, 2008 — oaae 3 17. Ordinance 2008 -118 - Abating the Tax Hereto Levied for the Year 2008 to Pay the Principal of and Interest on $3,525,000.00 General Obligation Bonds (Alternative Revenue Source), Series 2005, (Countryside Center TIF) - authorize the Mayor and City Clerk to execute (CC 2008 -112) 18. Ordinance 2008 -119 - Abating the Tax Hereto Levied for the Year 2008 to Pay the Principal of and Interest on $3,020,000.00 General Obligation Bonds (Alternative Revenue Source), Series 2007A, (Refinance) - authorize the Mayor and City Clerk to execute (CC 2008 -113) Mayor Burd entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Mums; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes -8 Nays -0 Gohnski -aye, Werderich -aye, Plocher -aye, Spears -aye, Mums -aye, Sutcliff-aye, Allen -aye, Besco -aye PLAN COMMISSION /ZONING BOARD OF APPEAL Ordinance 2008 -120 Approving a Special Service Use Permit Application for Full House Ventures at 125 West Hydraulic Avenue ZBA 2008 -07 A motion was made by Alderman Golinski to approve an ordinance approving a Special Use Permit Application and Variance for Full House Ventures at 125 W. Hydraulic Avenue, as presented, and authorize the Mayor and City Clerk to execute; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -7 Nays -0 Present -1 Plocher -aye, Werderich -aye, Golinski -aye, Besco -aye, Allen -aye, Sutcliff aye, Munns -aye, Spears- present Ordinance 2008 -121 Approving a Variance for CMP Properties and Development, LLC 11925 Route 34, Yorkville ZBA 2008 -08 A motion was made by Alderman Golinski to approve an ordinance approving a variance for CMP Properties and Development, LLC at 11925 Route 34, as presented, and authorize the Mayor and City Clerk to execute; seconded by Alderman Mums. Motion approved by a roll call vote. Ayes -8 Nays -0 Plocher -aye, Werderich -aye, Golinski -aye, Besco -aye, Allen -aye, Sutcliff -aye, Munns -aye, Spears -aye I MINUTES FOR APPROVAL A motion was made by Alderman Munns to approve the minutes of the City Council meetings of October 28, 2008 and the Special City Council Meeting of October 28, 2008; seconded by Alderman Plocher Alderman Spears noted that on page 5, Ordinance 2008 -92 she voted aye. Clerk Milschewski stated she would correct the minutes. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Mums to approve the paying of the bills listed on the Detailed Board Report dated December 3, 2008 totaling the following amounts: checks in the amount of $1,396,371.97 (vendors); $275,656.62 (payroll period ending 11/22/08); for atotal of $1,672,028.59; seconded by Alderman Plocher. Alderman Spears questioned a payment on page 11, Hams - finance /training in the amount of $945.00. Director Mika explained that this was for training by the software company for the new hire in the finance department. Motion approved by a roll call vote. Ayes -8 Nays -0 Munns -aye, Plocher -aye, Spears -aye, Sutcliff -aye, Werderich -aye, Besco -aye, Gohnski -aye, Allen -aye The Minutes of the Regular Meeting of the City Council — December 9, 2008 — naee 4 REPORTS MAYOR'S REPORT Ordinance 2008 -122 For the Levy and Assessment of Taxes for the Fiscal Year Beginning May 1, 2009 and ending April 30, 2010 for the United City of Yorkville (CC 2008 -114) Mayor Burd entertained a motion to approve an ordinance for the Levy and Assessment of Taxes for the Fiscal Year beginning May 1, 2009 and ending April 30, 2010 and authorize the Mayor and City Clerk to execute. So moved by Alderman Besco; seconded by Alderman Munns. Mayor Burd noted that there was additional information on the levy in the Council's packets which added the request of a .1292 library levy which is the same as what was set for last year. Administrator McLaughlin added that the Mayor spoke with the Library Board about the rate. Alderman Golinski asked if last year's reduction of the library levy was illegal. Mayor Burd stated it was not; the Library Board needs to request a levy by resolution and they can ask for up to 15 %. Alderman Spears asked if the levy increased taxes for Yorkville residents. Administrator McLaughlin stated that if a person's property was re- assessed and increased in value, they would see an increase in taxes. Alderman Werderich asked if the levy went up proportionate to the 4.1 % cost of living increase. Administrator McLaughlin stated yes it did unless a home was re- assessed. Alderman Golinski questioned how the City Council was supposed to vote on the levy when according to the Governing Ordinance anything being voted on needs to be in final form four days before a City Council meeting. Mayor Burd stated that it can be approved as amended. Administrator McLaughlin noted that the Library rate increased however the General Fund went down. Under the property tax cap law, the city is one entity, including the library. When the library levy was restated, the General Fund was lowered. The County Clerk has not finalized the numbers so if new construction comes in, the city benefits. Alderman Spears congratulated the Library Board for coming forward with the information on the tax levy. She stated that she supported an increase for them however in all her years of service to the city she took pride in not raising the city's tax levy. She stated that she could not support the levy. Mayor Burd stated that in the past the city took growth into consideration. Administrator McLaughlin noted that in the spring, if the dollar amount is in excess, the levy can be lowered. Treasurer Powell commented that the Council did a good job in the past holding down taxes, unfortunately, the cost of services has increased to an increase to the levy is necessary. Alderman Allen stated that he shared Alderman Gohnski's concern about the change in the levy however the total levy amount was not changed. He stated that the library came forward about the levy and the city is addressing it. Alderman Munns referred to the list of the total amount of the levy and asked if the amounts were for each area. Director Mika stated they were. Alderman Gohnski questioned why the new rate was different. Administrator McLaughlin explained that there was an error in the first worksheet with the number used to back into the final levy. Director Mika further explained that a column had been added incorrectly on the original. Administrator McLaughlin noted that the total amount had not changed between both documents. Alderman Golinski stated that he studied one set of numbers over the weekend and now he was being given different numbers. Library Board member Joanne Greyer stated that they appreciated the mayor's response to their request and indicated that they will be more diligent in the future. Motion approved by a roll call vote. Ayes -5 Nays -3 Werderich -aye, Golinski -nay, Besco -nay, Allen -aye, Sutcliff-aye, Munns -aye, Spears -nay, Plocher -aye i The Minutes of the Regular Meeting of the Citv Council — December 9, 2008 — naLye 5 Discussion of Hoover Agreement (CC 2008 -115) Mayor Burd started the discussion regarding the November 19, 2008 letter from the Kendall County Forest Preserve District regarding the Hoover property. Since the letter was sent, the district's leadership has changed. The new president is Pam Parr and she has asked for time to re- organize and reconsider the negotiation. Alderman Munns asked if the district still wanted to make changes. Mayor Burd stated that Ms. Parr wants to re- discuss this with the group. The city requested its funds plus interest be returned, a parcel of land and a signed easement from the district. Alderman Munns stated that he thought the city was getting somewhere with the district and he felt that this new request shows a lack of respect from them. Mayor Burd explained that the entire group was not behind the original proposal. Alderman M unns indicated that he felt they were when he met with them. Alderman Besco agreed that the city should give the new board time to look over this matter again, whereas Alderman Golinski noted that this matter has already been going on for years. He preferred something in writing; not a handshake agreement. Alderman Sutcliff asked if the Intergovernmental Agreement still stands and Mayor Burd stated that it did however the city has not enforced it. Alderman Munns suggested going back to the agreement and enforcing it. Both Aldermen Werderich and Plocher wanted it impressed upon the Forest Preserve District that time is of the essence in this matter. After the discussion, it was the consensus of the Council to give the Kendall County Forest Preserve District one month's time to reconsider. Code Blue Equipment Purchase — Waiver of Procedure (CC 2008 -116) Director Mogle reported that the city is the recipient of an $8,822.00 grant from the Sperling Foundation for equipment to be placed at the Riverfront Park. The equipment consists of a Code Blue emergency telephone and a security camera, linked to the Police Department. Bruce Sperling contacted his neighbor and Park Board member Debra Horaz who owns InterLink Telecommunications to facilitate the purchase of the equipment. InterLink will install the equipment and the original plan was for the foundation to pay them directly. However, the foundation's attorney advised them that they should write a check to the city to make the purchase thereby releasing them of liability. InterLink has already purchased the equipment which totals $9,366.51 ($5,522.00 for Code Blue telephone plus $3,844.51 for the camera). It is the city's policy to call for quotes for purchases in this price range. Director Mogle asked the City Council to waive the procedure and reimburse InterLink for the equipment. The donation was put into Parks Capital and the additional difference of $544.00 will be paid from the Parks Operating Supplies. Mayor Burd entertained a motion to approve the purchase of a Code Blue Unit/Security Camera for Riverfront Park from InterLink Telecommunications, Inc. in an amount not to exceed $9,366.51 and to waive the city's purchasing policy, approved as Ordinance 2008 -33, which requires the city to solicit quotes for purchases in the $5,000.00 - $19,999.00 range, since the city received a donation in the amount of $8,822.00 towards the purchase of this equipment. So moved by Alderman Golinski; seconded by Alderman Munns. Alderman Spears commented that the donation was a great thing but in the past venders were required to give an RFP for services or equipment. Attorney Orr explained the state law applying to this and reminded the Council this also involved a donation. Alderman Besco expressed his concern that there may be a conflict of interest because the vender is a Park Board member. Mayor Burd explained that Ms. Horan obtained the equipment at cost because of her business; there was no financial gain for her. Ms. Horaz originally bought the equipment for the Sperling Foundation however the foundation gave the money directly to the city instead of paying her. Attorney Orr added that Ms. Horaz was acting as a conduit and there was no profit factor. Alderman Spears asked why the foundation is suggesting they be released from liability. Attorney Orr explained that this was an example of over - lawyering. She stated that the Sperling Foundation lawyers feel that if the foundation buys the equipment and something goes wrong the city could sue the foundation and not the manufacturer. Motion approved by a roll call vote. Ayes -8 Nays -0 Golinski -aye, Besco -aye, Allen -aye, Sutcliff-aye, The Minutes of the Regular Meeting of the Citv Council — October 14, 2008 — naLye 6 Munns -aye, Spears -aye, Plocher -aye, Werderich -ave CITY COUNCIL REPORT Elected Officials Communication with Staff (CC 2008 -117) Alderman Golinski asked that this be placed on the agenda after the last Economic Development Committee meeting where he asked Director Miller for an opinion and Mayor Burd would not allow Director Miller to respond. Alderman Golinski read a statement regarding the incident (see attached). Alderman Allen stated he was at the meeting and saw the mayor's point. If elected officials ask and follow staffs direction and this advice proves wrong, the employee might be held accountable. He felt this was a value judgment. Alderman Spears disagreed with Alderman Allen. She stated that the staff works for the City Council and they should have the freedom to work together. This is why staff was hired. She also stated she had a problem with the City Administrator censoring staff. She reminded the Council that this type of behavior was major concern with the last mayor and was a part of Mayor Burd's campaign. She felt everyone should have the opportunity to have discussions with staff and that the mayor and City Administrator should stop pressuring staff. Alderman Besco also disagreed with Alderman Allen. He felt it was valuable to have staff s opinion in order for the Council members to make intelligent policies. He also felt it was necessary to have good communication and it was not right for the aldermen to learn things happening in the city by reading the newspaper. Alderman Werderich stated he would like to error on the side of having more information which allows for better decision making. He stated he appreciated staff s recommendations because he does not have a background in Public Works, Public Relations, etc. Mayor Burd asked the City Council if they feel they aren't getting enough information. She felt that the aldermen not present at the EDC meeting are missing facts. She stated that Alderman Gohnski commented to her that staff says one thing while she is present and then something different when she is not. She felt this was impugning the integrity of the staff. If this is the case, then someone is lying and she needs to hear what they are saying to the Council. She stated that she is the chief administrator and she needs to rely on staffs input. She did not want staff dragged into a political agenda. She felt that aldermen need to make the decision if a boundary agreement is good for the city. Staff is available to provide information not give opinions. She resented aldermen making accusations without documentation. Alderman Sutcliff who was at the Economic Development Committee meeting felt that the mayor and aldermen had a difference of opinion and Alderman Gohnski wanted staff to break the tie. She felt it was unfair to ask staff to take sides. Alderman Munns agreed that the more information the Council gets before making a decision is great. He stated that Alderman Golinski asked a department head for an opinion. He questioned what the department heads are there for. He felt that if staff has knowledge, or information he need, he should be able to ask a question. He asked if an opinion based on facts was acceptable. Attorney Orr answered yes; if a recommendation is based on past experience or fact it would be a professional opinion. Alderman Besco stated that Alderman Golinski asked Director Miller, in his opinion, what the benefits would be to a boundary agreement. Alderman Besco did not feel the question was inappropriate. He stated that the situation became confrontational when Mayor Burd instructed Director Miller not to answer Alderman Gohnski. Mayor Burd stated that Alderman Golinski asked Director Miller for a general idea, not anything specific like economic benefits. She questioned how Director Miller was to define "best interest "; it was a far- reaching question. Alderman Golinski stated he wanted everyone to be able to listen to the tape of the meeting because the Mayor was putting words in his mouth. He claimed never to have said anything about staff giving different answers to the mayor and council. He read from the Governing Ordinance regarding open government serving the best interest of the residents of Yorkville. He stated that he asked a department head who has years of experience in community development if the boundary agreement was in the best interest of the residents of Yorkville. He did not feel this was out of place. Alderman Plocher stated that this was turning into "he said, she said" and suggested that the council come up with a policy addressing this. The Minutes of the ReLyular Meetine of the Citv Council — December 9. 2008 — nage 7 Alderman Spears stated that many times she has asked a general question of staff and never expected a complete analysis of a situation. She wants a yes or no answer or an answer based on their experience. She noted she is not an engineer, public works director, etc. so she needs their opinions. Mayor Burd reminded the council that they are a legislative body and she is the head CEO of the city and staff reports to her. The council does not give direction to the staff. She strongly disagreed with any comments made that the council does not get enough information. She felt that if the council is finding things out in the newspapers first they are not reading their packets. She felt that the City Administrator does an outstanding job and reminded the council that the previous City Administrator would not even give quarterly reports. Administrator McLaughlin stated that if Alderman Spears was dissatisfied with him he preferred that a personnel issue be discussed in a closed session. He stated that this was the first he was hearing about "censoring" reports and he felt it was inappropriate to bring this up at a council meeting. Alderman Munns asked if the there was going to be a resolution or policy in the future to address how the council can question staff. If not, he felt that the council wasted time. Mayor Burd suggested that the matter be brought to committee. Alderman Allen stated that the issue is what transpired at the EDC meeting. He stated that while he agreed with Aldermen Golinski and Werderich that getting information is critical, he reiterated what the mayor said about former city administrator's lack of cooperation. He stated that the mayor presented information on the boundary agreement to the committee and no one gave an opinion that it was not in the best interest of the city. He felt it was unfair for someone at the meeting to say that staff disagreed with the mayor; that is hard on the staff to be put in this position. Alderman Golinski agreed with the mayor that she is the CEO and that the council does not have the right to direct staff. He stated that an important aspect of an aldermen's job is to have oversight of the executive branch. He felt that stifling communication will make it difficult for the aldermen to fulfill their duties of oversight of the executive branch. Mayor Burd questioned the duty of oversight and stated that she and the council do not have oversight of each other. She stated that the council can't impeach her. Alderman Golinski noted that this duty of oversight is even stated on the city's website. Mayor Burd suggested bringing this to the Administration Committee for further input. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Special Census Administrator McLaughlin reported that good progress is being made on the census and it is three quarters done. Field work will be done after the holidays and preliminary numbers are being projected for February. Codifier Cost In response to a discussion at a previous meeting, Administrator McLaughlin reported that the codifiers cost is $21.00 /page codified. Cost of Grievances At a previous meeting Alderman Spears questioned the cost of three employee grievances. Administrator McLaughlin reported that the total cost was $8,243.78. The breakdown was $270.00, $4,724.18 and $3,249.60. He stated he would email the information to the City Council. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE'S REPORT No report. DIRECTOR OF PARKS & RECREATION'S REPORT No report. I ' The Minutes of the Regular Meeting of the Citv Council — December 9, 2008 — Daee 8 COMMUNITY DEVELOPMENT DIRECTOR REPORT Director Miller reported that there was a good turnout for the meeting discussing the transportation plan and residents had good input. SEC will be working on summary to present at an EDC meeting. Staff met with IDOT regarding the ideas coming out of the plan and the report is good from IDOT. COMMUNITY RELATIONS OFFICER'S REPORT Mrs. Spies thanked the sponsor and volunteers who helped with the Holidays Under the Stars event. Due to the cold, numbers were down but many children got to see Santa. COMMUNITY & LIAISON REPOR Library Board Alderman Allen reported that he attended the Library Board meeting where the new member was welcomed and the levy was discussed. Northeastern Illinois Area Agency on Aging Alderman Spears reported that she attended the Northeastern Illinois Area Agency on Aging meeting on December 5, 2008. Topics discussed were: Oswego's Senior Commission received the 2008 Governor's Award; prescription drug plan- part B; Medicare and hospital stays; 2009 funding; nursing home violations, the Governor's Conference of Aging (will be held at the Marriott Chicago Downtown on December 10 -12, 2008), elder - friendly communities and meals on wheels. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Resolution 2008 -47 Approving a Municipal Green Building Initiative (ADM 2008 -73) A motion was made by Alderman Munns to approve a resolution approving a Municipal Green Building Initiative and authorize the Mayor and City Clerk to execute; seconded by Alderman Sutcliff. Alderman Besco stated he was in favor of "friendly" buildings however he was concerned that this "handcuffed" the city into building something it can't afford. Under these regulations, the remodeling of the Public Works facility can't continue. Motion approved by a roll call vote. Ayes -5 Nays -2 Besco -nay, Allen -aye, Sutcliff- -aye, Munns -aye, Spears -nay, Plocher -aye, Werderich -aye * Alderman Golinski was not present for the vote. Resolution 2008 -48 Approving a Special Events Liquor Consumption Policy (ADM 2008 -90) A motion was made by Alderman Munns to approve a resolution approving a Special Events Liquor Consumption Policy and authorize the Mayor and City Clerk to execute; seconded by Alderman Werderich. Alderman Plocher stated he would like the wording referring to elected officials and volunteers removed from the resolution. He agreed it should apply to employees while they are getting paid. A motion was made by Alderman Plocher to amend the resolution by removing the wording "elected officials and volunteers at such events "; seconded by Alderman Allen. Alderman Spears stated that it was not asking a lot from people to refrain from drinking alcohol; doing this sets a good example. Alderman Munns agreed that if a person is working a city booth at an event they should not be drinking. Alderman Spears noted that it was also discussed that people should not be drinking while wearing city shirts identifying them as staff or elected officials. i i The Minutes of the Regular Meeting of the Citv Council — December 9. 2008 — ua 9 Alderman Sutcliff felt that this was getting carried away. If staff or elected officials are drinking and get out of hand there will be repercussions. It is not up to the council to micromanage. She appreciated those who volunteer and did not feel their actions should be restricted; they should be trusted to act like adults. Motion to amend defeated by a roll call vote. Ayes -3 Nays -5 Mums -nay, Spears -nay, Plocher -aye, Werderich -nay, Golmski -nay, Besco -nay, Allen -aye, Sutcliff -aye Original motion approved by a roll call vote. Ayes -6 Nays -2 Allen -aye, Sutcliff -nay, Munns -aye, Spears -aye, Plocher -nay, Werderich -aye, Golinski -aye, Besco -aye Approving the Revisions of the 2008 -2009 General Fund Budget (ADM 2008 -97) A motion was made by Alderman Munns to approve an ordinance approving the revision of the 2008- 2009 General Fund Budget and authorize the Mayor and City Clerk to execute; seconded by Alderman Plocher. Alderman Golinski commented that he didn't like passing the original budget with shortfalls and he found it irresponsible to pass further deficits. He stated he would like to see the entire budget as this did not paint a realistic picture. He questioned the following: • The $165,000.00 Land Cash transfer for the salaries of the park planner and others. The Land Cash fund has a negative balance and the Park Board has projected a deficit. He felt this was an inappropriate use of the fund. • The $130,000.00 accounting for Hoover — the city may not see the money. • The sales tax revenue is overly optimistic — the revision shows 5 % more than last year. • Salaries — there is a 9% increase in the Community Relations salaries which is double that of other departments. He asked what the plan was for next year's budget; was it even worse? Alderman Mums agreed with Alderman Golinski's points except for the use of Land Cash as it was agreed to pay the park planner from this fund. Mayor Burd added that Director Mogle asked for the position using Land Cash towards the positions salary. Alderman Spears addressed the following: • She asked that the $1,200.00 for street naming be put into the General Fund as there is not enough for all the new signs. • She asked that the funds for the legislative attorney be returned to the budget. • She noted that funds for NICOR were only increased 2% and she felt that numbers have been "fluffed" since everyone's bill has gone up more than 2 %. • Things have been removed such as some benefits, employee assistance, merit and cola raises, etc. She was appalled that while important things were being cut, the community events budget was increased. She noted that key departments cut their budget while non - essential departments increased theirs and she asked that the non - essential accounts be either cut in half or taken out. Alderman Golinski agreed that a portion of the park planner's salary was to come out of Land Cash but not three years of salary. He stated that Land Cash was also being used for the Park Superintendent's salary for three years. He stated that the Park Board was against this use of funds. He read from a land cash lawsuit and felt that this use is unconstitutional. Alderman Spears stated that this adjustment has previously come before the City Council and the former city attorney advised against passing it. Alderman Sutcliff asked to get clarification on the use of Land Cash. It was the consensus of the City Council to have Attorney Orr render a decision on the matter. Alderman Allen asked if the agreement goes through with the Kendall County Forest Preserve District would the funds go back into the Land Cash Fund and Mayor Burd stated they would however that was separate issue. Attorney Orr stated she would research the use of land cash and give an opinion. A motion was made by Alderman Munns to table the ordinance and send it back to the Administration Committee; seconded by Alderman Allen. I The Minutes of the Regular Meeting of the Citv Council — December 9, 2008 — page 10 Motion approved by a roll call vote. Ayes -7 Nays -1 Spears -aye, Plocher -aye, Werderich -aye, Gohnski -aye, Besco -aye, Allen -aye, Sutcliff -nay, Munns -aye ADDITIONAL BUSINESS Cable TV Information Alderman Spears asked that the information on the cable TV station be updated; there is information from August on it. Alderman Golinski stated that he spoke with the station and this information has been removed. Minutes from Ward I Meeting Alderman Werderich asked what he should do with the minutes from the Ward I meeting. Attorney Orr advised him to file them with the City Clerk. There was discussion about calling a Special City Council meeting when calling a ward meeting. Mayor Burd explained that in the past, only the aldermen representing the ward attended so as not to violate the Open Meetings Act. Alderman Werderich stated that was the intention however Alderman Allen attended the Ward I meeting so he took minutes. Holiday Under the Stars Alderman Sutcliff reported that even though the temperature was frigid, it was a great evening. She commented that it was more organized than last year and she thanked all those who helped with the event. Census Information Alderman Besco asked if the census workers were instructed what to say. Assistant City Administrator Olson explained that they are instructed to hand out flyers with information. Alderman Besco asked if he could obtain a copy of the flyer. ADJOURNMENT Mayor Burd asked for a vote to adjourn the meeting. Adjournment of the meetings was unanimously approved by a viva voce vote. Meeting adjourned at 9:15 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois i REGULAR CITY COUNCIL MEETING December 9, 2008 PLEASE PRINT NAME: ADDRESS: J o A-h Pi L/ � � r { ' �Qh��/ 1�,i �U��l a►�-� I (Jg W , �vX �� - � C orf��l� �l� to c Wl r\ 204 �SV'N(t C �PWI)t \ S7X C C 64(- J;0 i �� Y7 S' / i REGULAR CITY COUNCIL MEETING December 9, 2008 PLEASE PRINT NAME: ADDRESS: cJ �I i I I I i i SIGNIN i i 0 United City of Yorkville 800 Game Farm Road EST. 1 _1836 Yorkville, Illinois, 60560 Telephone: 630 - 553 -4350 Fax: 630 - 553 -7575 -LE December 9, 2008 To: Members of the City Council i � At my request, the president of the Yorkville Library Board, Jo Ann Gryder, met with me Monday, Dec. 8, to discuss the library's levy and other issues. Information I received from Ms. Gryder and my own investigation of Illinois States Statutes, cited below, has led me to determine that it is the Library Board that is to set the Library's levy rate. The City Council's role is to vote for the rate, up to 15 %, that is requested by the Library Board. City Attorney Kathleen Field Orr concurs with this opinion. In keeping with this, and in light of the fact that the Library Board has not officially requested a specific rate for the next fiscal year, I am asking the City Council to keep the Library's levy rate at .1292, the same rate set for the current fiscal year. Mayor Valerie Burd (75 ILCS 5/3 -5) (from Ch. 81, par. 3 -5) Sec. 3 -5. The library taxes provided for in this Act shall be levied by the corporate authorities in the amounts determined by the board and collected in like manner with other general taxes of the city, village, incorporated town or township and the proceeds shall be deposited in a special fund, which shall be known as the library fund. In townships and in cities, villages and incorporated towns having a population of 50,000 or less the proceeds of any such tax shall be paid over by the officer charged with the collection thereof to the board of trustees of the library. Expenditures from the library fund shall be under the direction of the board of library trustees. (Source: P.A. 84 -770.) Communication Commentary Alderman Golinski - 12/9/08 I asked that this item be put on tonight's agenda in response to what transpired at last weeks EDC meeting. During that meeting, I asked for the opinion of our Community Development Director on a boundary agreement that was being discussed. The Mayor quickly ordered him not to answer my question. When I asked (- why, she stated that I was asking for a recommendation on policy and they're not to give me their opinion on policy. I don't think that there was anything inappropriate about what I asked. In fact, checking the minutes from the Feb. 26 City Council meeting, I asked the same exact question when we were discussing a different boundary agreement. In my pre -EDC meetings with the Community Development Director, I routinely ask for his opinion. Whether I agree or disagree with his opinion, it helps me to make well informed decisions for the constituents I represent. If you look at the packet for tonight's meeting, you'll find many staff recommendations on policy issues. That's part of their job. They are supposed to provide us with advice on matters of policy as a basis for making educated decisions and setting community goals. What's the point in having a professional staff if we're not allowed to ask their opinion? Are we, as elected representatives, supposed to make policy decisions that affect the police department without getting the opinion of the Chief of Police? Or, should we blindly pass policy that will affect the public works department without knowing what the Director of Public Works thinks about it? Of course not. The more opinions we have, the better we are as representatives and decision makers for the citizens of Yorkville. I still haven't figured out the Mayor's logic on this. I have no idea why she would not allow a department head to answer a legitimate question from an Alderman. The Mayor went even further and told the City Administrator that, in the future, she wants copies of all communication between aldermen and the city staff. While I agree that all Council members should be copied on requests for information, for the Mayor to monitor every communication that we have with the staff, I feel exceeds her authority. It's definitely contrary to her campaign promises of open, honest, communicative Government. On the Vote for Val webpage, the Mayor stated that "...the staff has the right and the duty to give alderman information without fear of recrimination." My main point in bringing this to the Council is to see if any of you share my concern over this. We may agree or disagree on certain issues, but I can assure you that if any Mayor ordered a department head not to answer your question as an elected official, you know where I would stand.