Loading...
City Council Minutes 2008 12-22-08 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 22, 2008. Mayor Burd called the meeting to order at 7:02 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Allen Absent Werderich Absent Ward II Gohnski Present Plocher Present Ward III Mums 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, Public Works Director Dhuse, Police Chief Martin, Police Lieutenant Hart, Director of Parks & Recreation Mogle, Community Development Director Miller, Public Relations Officer Spies and City Engineer Wywrot. 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. i AMENDMENTS TO THE AGENDA Alderman Munns recommended moving 41 under the City Council Report — Anti- Nepotism Policy to the January Administration Committee agenda as Alderman Allen wanted to address this but was not present to do so. A motion was made by Alderman Sutcliffto table #1 under the City Council Report - Anti Nepotism Policy (CC 2008 -119) to the January 2009 Administration Committee meeting; seconded by Alderman Munns. Motion approved unanimously by a viva voce vote. A motion was made by Alderman Plocher to table the ordinance approving a variance for Merlin Corporation - 102 Beaver Street, Yorkville (ZBA 2008 -05) under the Plan Commission/ZBA Report until the January 13, 2009; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes4 Nays -3 Gohnski -nay, Besco -nay, Sutcliff -aye, Munns -aye, Spears -nay, Plocher -aye, Burd -aye COMMITTEE MEETING DATES Public Works Committee 6:00 p.m., January 20, 2009 City Hall Conference Room Economic Development Committee 7:00 p.m., January 6, 2009 City Hall Conference Room Administration Committee 6:30 p.m., January 8, 2009 City Hall Conference Room Public Safety Committee 6:00 P.M., January 22, 2009 City Hall Conference Room i PRESENTATIONS Certificate of Appreciation — Sperling Foundation Mayor Burd reported that the Sperling Foundation is donating a Code Blue device which will give people in distress a way to immediately contact the police department. The equipment is being donated in the I The Minutes of the Regular Meeting of the Citv Council — December 22, 2008 — M 2 names of Mark Sperling and Bruce Sperling, Jr. who lost their lives in the Fox River at the Glen Palmer Dam while attempting to rescue another person. Mayor Burd and Director Mogle presented Bruce and Jill Sperling with a Certificate of Appreciation for the Sperling Foundation donation. Director Mogle stated that after the brothers tragic drowning in 2006, there was discussion as to what could be done to remember them. He felt that the installation of the Code Blue device which can help others is a great way to honor the brothers. Bruce Sperling agreed that this is a good way to honor his sons and he expressed his appreciation for the help he received from everyone at the city. Mayor Burd noted that the dam is being rebuilt so hopefully no one else will have to go through this experience again. She stated that he Code Blue device was a wonderful addition to the park. PUBLIC HEARINGS None. CITIZEN COMMENTS None. CONSENT AGENDA 1. NICOR Facility - 259 Commercial Drive (PW 2008 -151) a. Plat of Dedication and Easement Grant - authorize Mayor and City Clerk to execute b. Grant of Easement — authorize Mayor and City Clerk to execute 2. Hampton Inn (PW 2008 -152) a. Plat of Easement for Lot 2 of Menards Commercial Commons Third Addition — authonze Mayor and City Clerk to execute b. Plat of Easement for Lot 2 of Menards Commercial Commons Sixth Addition — authonze Mayor and City Clerk to execute 3. Windrose Medical Property — Grant of Permanent Sidewalk Easement Agreement — authorize Mayor and City Clerk to execute (PW 2008 -153) 4. Kendall Marketplace (IDOT Highway Permit #3 — 10399 -07) — Bond Reduction #1— authorize reduction in an amount not to exceed $4, 046, 490.89, subject to written concurrence from IDOT and also subject to completion of the Route 34 punchlist (PW 2008 -154) 5. Kendall Marketplace — Earthwork LOC Expiration — authorize City Clerk to call letter of credit if it is not renewed prior to March 6, 2009 (PW 2008 -155) 6. Fox Hill Unit 7 — Letter of Credit Expiration — authorize reduction in an amount not to exceed$11, 624.08, subject to verification that the developer has no outstanding debt owed to city (PW 2008 -156) 7. Provena- Dreyer Medical Facility — Final Acceptance — accept public improvements for watermain and sanitary sewer, subject to receipt of bill ofsale, establishment of a one-year warranty bond for the watermain and sanitary sewer, and keeping the existing Letter of Credit guaranteeing completion of pond re- landscaping in place in the amount of $61, 366.01 (PW 2008- 157) 8. Water Department Report for September 2008 (PW 2008 -158) 9. Water Department Report for September 2008 (PW 2008 -158) 10. Police Reports for October 2008 (PS 2008 -50) 11. Request for Purchase of Two Squad Cars — approve purchase as presented(PS 2008 -51) 12. Ordinance 2008 -123 — Amending Code of Ordinances Regarding BASSET training — authorize Mayor and City Clerk to execute (PS 2008 -53) 13. Ordinance 2008 -124 - Approving a Fine Schedule for the Pre - Payment of Certain Citations Pending Under Administrative Adjudication - authorize Mayor and City Clerk to execute (PS 2008 -56) Mayor Burd entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Munns; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes -6 Nays -0 Golinski -aye, Plocher -aye, Spears -aye, Munns -aye, Sutcliff-aye, Besco -aye PLAN COMMISSION /ZONING BOARD OF APPEAL No report. i MINUTES FOR APPROVAL None. The Minutes of the Regular Meeting of the Citv Council - December 22, 2008 - naee 3 BILLS FOR APPROVAL A motion was made by Alderman Munns to approve the paying of the bills listed on the Detailed Board Report dated December 12. 2008 totaling the following amounts: checks in the amount of $1,088,431.50 (vendors); $279,824.27 (payroll period ending 12/06/08); for a total of $1,368,255.77; seconded by Alderman Plocher. Alderman Spears questioned the following: • Page 5 - Bank of New York - Business District Tax in the amount of $158,112.40. Alderman Spears asked if this concerned Kendall Marketplace. Director Mika stated that it did;_ it was for nine months of taxes. • Page 7 - Coffman Carpets - Hardwood Floors for 301 E. Fox Street due to leaking meter - in the amount of $2,000.00. Director Dhuse explained that the city meter broke and ruined the resident's floors and the city is responsible for the damage. • Page 11- Gametime - Land Cash - backhoe digger - in the amount of $593.58. She questioned the use of Land Cash for equipment. Attorney Orr stated she would explain this under her report. • Page 11 - Glass Doctor - replaced windshield - in the amount of $264.73. Director Dhuse reported that a rock hit a city pick -up truck and broke the windshield. • Page 18 - Menards - car wash - in the amount of $44.83. Director Dhuse explained that this was for car wash soap. • Page 34 - United Parcel Service - Finance Package -;in the amount of $50.42. Alderman Spears questioned what was sent. Director Mika stated she would have to research this and get back to Alderman Spears. • Page 39 - Yorkville Area Chamber of Commerce - Annual Membership Dues -'in the amount of $2.500.00. Alderman Spears recommended that the city not pay the Chwnber's dues due to the anti-nepotism ordinance. She stated that Mayor Burd's husband puts together the Chamber's book and she asked if this was a conflict of interest. Attorney Orr explained that it is a conflict of interest if the spouse contracts with the inunicipality. The Chamber is a separate group who contracts independently with Mr. Burd. Mayor Burd explained that the Chamber does not pay her business for services. Alderman Besco stated that at an l WL. Conference seminar, elected officials were advised that it would be best to stay away from any type of business associating with the city. Attorney Orr stated that this was absurd; this prevents any elected official from even volunteering for anything. She reminded the Council that the Burd's business is not receiving monetary garn from the Chanxiber; it is just selling ads. Alderman Munns read from the anti- nepotism ordinance and suggested further discussion at a future meeting. Alderman Golinski stated he had a problem if tax dollars were paid to the Chamber and then the Chamber paid the Burd's but this doesn't seem to be happening. Alderman Spears asked for clarification as to what the Burd's do for the Chamber. Mayor Burd explained +that they sell advertising to local businesses and their business. Positive Approach, then puts the Chamber on the books as a sponsor. Positive Approach pays the Chamber a fee in order to use them as a sponsor. Alderman Golinski felt it would be improper for the iiiaVOr t0 solicit ads LOiii iOCal business. Mayor Burd explained that the Chamber approaches the businesses. Alderman Spears commented that at the recent opening of the PetsMart store, the mayor introduced her husband to the manager who then gave Mr. Burd information regarding adve using. Mayor Burd indicated that her husband was not present at the event however Alderman Spears stated that she spoke to Mr. Burd at the opening. Alderman Munns clarified that the Chamber does not own- the book but the Burd's do. May_ or Burd stated that this is correct and she reiterated that she does not solicit advertisers. Alderman Besco asked of this book goes out to bid and Mayor Burd explained that the Cha is not required to go to bid. She further stated that her husband has a long history /relationship with the Chamber. Alde. Golinskd felt it was important for the city to be part of the Charnber however he felt there were `'gray areas" with the Mayor's husband's involvement. A motion was made by Alderman Spears to remove the Chamber of Commierce's invoice from the bill list; seconded by Alderman Besco. The Minutes of the Regular Meeting of the Citv Council — December 22, 2008 — Dage 4 Motion defeated by a roll call vote. Ayes -3 Nays -4 Spears -aye, Plocher -nav, Golinski -ave, Besco -ave, Sutcliff -nav, Munns -nay, Burd -nay Alderman Golinski suggested using the legislative attorney to get an opinion if the Burd's business with the Chamber is a conflict of interest. Alderman Besco suggested getting an opinion from the ethics officer. Mayor Burd commented that she felt that Alderman Besco still owed her an apology for the last time he went to State's Attorney Weis with a complaint about her. Alderman Besco stated that there was no apology to be given because the wording of State's Attorney Weis' ruing was "while she did not have the authority ". Mayor Burd felt it was sad that taxpayer's dollars were bein g wasted on political agendas. She stated that the State's Attorney found no wrong doing. She asked the City Council not to make this into something it is not. She stated that the Council cannot make her husband penniless just because she is the mayor and that her husband had recourse too. Motion approved by a roll call vote. Ayes -4 Nays -2 Munns -ave, Plocher -ave, Spears-nay, Sutcliff -aye, Besco-nay, Golinski -aye REPORTS MAYOR'S REPORT Ordinance 2008 -125 Authorizing and Providing for the Issue $2,020,000.00 General Obligation Refunding Bonds (Rob Roy Creek Interceptor) (CC 2008 -90) Mayor Burd entertained a motion to approve an ordinance authorizing and providing for the issue of $2,020,000.00 General Obligation Refunding Bonds (Alternate Revenue Source), Series 2008, of the United Citv of Yorkville, Kendall County, Illinois, for the purpose of refunding a portion of the City's General Obligation Bonds (Alternate Revenue Source), Series 2005D, prescribing all the details of said bonds and providing for the collection and segregation of revenues sufficient to pay such bonds (Rob Roy Creek Interceptor) and authorize the Mayor and City Clerk to execute. So moved by Alderman Sutcliff_ seconded by Alderman Plocher. Mayor Burd turned the floor over to Kevin McCann from Speer Financial. Mr. McCanna explained that this was for the refinancing of the maturity of a ten _year bond due to the economy which gives the city more time to pay off the debt. He stated that the S &P report had good comments for the city and upgraded its credit rating from "A" to "A + ". Motion approved by a roll call vote. Ayes -6 Nays -0 Golinski -aye, Besco -aye, Sutcliff-ave, Munns -aye, Spears -aye, Plocher -ave i Boundary Agreements Discussion (CC 2008 -118) Mayor Burd reported that she put this general discussion about boundary agreements on the agenda because last year at this time she mentioned that she was hoping Yorkville would enter into boundary agreements with several adjoining municipalities. She thought the City Council had looked on the idea of the agreements as favorable and she felt it was their role to set policy for the staff. At the last Economic Development Committee meeting one alderman indicated he was against any new boundary agreements. She wanted to know if this was the consensus of the entire council before wasting any more time or money working on agreements. She opened the floor for discussion. A motion was made by Alderman Besco to table the discussion until there was a full quorum of the City Council present: seconded by Alderman Plocher. I Motion approved by a roll call vote. Ayes -6 Nays -0 Plocher -ave, Golinski -aye, Besco -ave, Sutcliff -aye, Munns -ave, Spears -ave CITY COUNCIL REPORT Employee Grievances (CC 2008 -120) Alderman Spears expressed her concern to hear that three employees have filed grievances against the city and that the City Council was not informed. She stated that in her eleven years on the council, only The Minutes of the Regular Meeting of the Citv Council — December 22, 2008 — Daee 5 one grievance around $10,000.00 was settled. Now there are three grievances in excess of this. She stated that taxpayer's dollars are being spent and she fees that the City Council should be made aware of the grievances. She commented that at the last City Council meeting it was discussed that the mayor and department want to be aware of all correspondence. She felt that this applies to the City Council also. Attorney Orr explained that the City Council adopted an Employee Manual which describes the grievance procedure which is consistent with Illinois law. Attorney Orr explained personnel matters and the liability to the city and Citv Council. She stated that during her recent review of executive session minutes she found that employee matters were mishandled in the past. Alderman Spears stated that she did not want to know specifics but rather that there are grievances and how much they are costing the city. She stated that she would also like to know that the grievances are resolved. Alderman Besco agreed and stated he would like to know this information to see if for example there is an abundance of grievances against a department head. He asked if the mayor handled this type of grievance and Attorney Orr stated that she did_ Alderman Besco felt the City Council should be aware of grievances and if there is a lawsuit. Mayor Burd noted that the City Council would be aware of a monetary settlement because it would be on the bill list. ATTORNEY'S REPORT Attorney Orr reported on the appropriate and legal use of land cash funds. She discussed the case of Krughoff vs. City of Naperville (see attached December 22- 2008 memo) however this case law does not address the question the Citv Council had about the use of the funds. She stated that if the city has adequate parks the funds can be used to make improvements to existing parks. Alderman Golinski stated that the problem was not with the law but more with policy; should land cash funds be used to pay employee wages for three years? Attorney Orr agreed with Alderman Golinski and stated she did not want the misuse of funds on her watch. Administrator McLaughlin stated he discussed the Park Planner's work with the Park Superintendent and they not feel this was an inappropriate use of funds however there has been no tracking of the projects the planner worked on. He felt that this was an option to exercise in order to help with the budget shortfall. Alderman Gohnski agreed that the Park Planner's salary should come out of the land cash however there was some "hocus pocus" going on. Treasurer Powell questioned where the three years came from and Administrator McLaughlin stated that this time period coincided with heavy development. Alderman Spears questioned if the use of the funds were challenged by a developer if this would hold up in a court of law. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Census Report Administrator McLaughlin reported that the census is 99% complete and that the city should have a preliminary count by January or February. Wood & Gabris Study Administrator McLaughlin also reported that Drs. Wood & Gabris, along with Assistant City Administrator Olson, have recently been published in The Facilitative Leader in Citv Hall. The information published is based on their work with Yorkville. A copy is available at Mrs. Olsem's desk at city hall for anyone interested in reading it. FINANCE DIRECTOR'S REPORT Director Mika reported that the closing for the Rob Roy Creek Interceptor bond is December 23, 2008. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that the Public Works Department has been concentrating on snow removal. He stated that they have already used 600 tons of salt and that there are funds available if more in needed. The Minutes of the ReLyular Meetine of the Citv Council – December 22. 2008 – nage 6 Mavor Surd stated that she has received calls regarding snow in front of people's driveway_ s. Director Dhuse explained that uis is '— avoidabie_ it :s the way the Mows have to cle the streets. CHIEF OF POLICE'S REPORT Chief Mau- reiri.*'ded everyone that there are parking restricuCns after 2" of Sno6'G'f 1 1. He reported that eight cars have been towed and over thirty tickets have been issued to violators who left their vehicles on the street after the latest snowfall. DIRECTOR OF PARK. S & RECREATION'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR REPORT No report. COMMUNITY RELATIONS OFFICER'S REPORT No report. COMMUNITY & LIAISON REPORT No report. COMMI TTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Resolution 2008 -49 MFT Appropriation Resolution & Engineering Services Agreement Addendum No. 1 Game Farm Road/Somonauk Street – Additional Phase 2 Engineering (PW 2008 -147) A motion was made by Alderman Besco to approve a MFT Appropriation Resolution in an amount not to exceed $36,357.91 and an Engineering Agreement with SEC Group, Inc. in an amount not to exceed $36.357.91 as presented, and authorize the Mavor and Citv Clerk to execute: seconded by Alderman Golinski. Motion approved by a roll call vote. Aves -6 Nays -0 Besco -ave, Sutcliff --ave, Munns -ave, Spears -aye, Plocher -ave, Golinski -ave ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT Ordinance 2008 -126 Amending Code of Ordinances Regarding Hours of Package Liquor Sales (2008 -52) A motion was made by Alderman Spears to approve an ordinance amending the Code of Ordinances providing for Liquor Control regarding the hours of package liquor sales and authorize the Mayor and Citv Clerk to execute: seconded by Alderman Plocher. Alderman Spears noted that the hours of sale are being changed to be consistent with surrounding communities. The change was unanimously supported by the committee. Motion approved by a roll call vote. Ayes -6 Nays -0 Sutcliff -ave, Munns -aye, Spears -ave. Plocher -aye, Golinski -aye, Besco -ave Ordinance 2008 -127 Amending Code of Ordinances Regarding Dogs Running at Large (2008 -54) A motion was made by Alderman Spears to approve an ordinance amending the Code of Ordinances regarding dogs runnin at large and authorize the Mayor and City Clerk to execute: seconded by Alderman Sutcliff. Alderman Spears reported that the Public Safety Committee was split on this amendment and was concerned with it as presented. Alderman Besco stated he was conflicted about this amendment. He explained he is a dog owner of an older dog who often walks into his front yard but never leaves his property. He questioned how it would The Minutes of the Regular Meeting of the Citv Council — December 22, 2008 — 7 be determined if a dog was violent. Also, how does this apply to strays that could wander into his yard' Alderman Plocher agreed with him stating that this was a hard decision to make. Alderman Golinski didn't agree that dogs should be loose on people's own property. Alderman Munns felt that if he allowed his dog to be loose on his own driveway he should not be penalized. Alderman Sutcliff stated felt that a person should be able to let their dogs out on their own property however if an animal isn't leased it could go after people. Even though she stated she struggled with this amendment. she supported the new ordinance. Chief Martin stated that he has had many issues with dogs. He felt that the problem is when people let their dogs out and the dog bites a passerbv. He recommended not changing the current ordinance. Mayor Burd noted that if a person lets their dog out into their yard without a leash, they are doing something illegal and can be fined $0.00. Alderman Munn clarified that if the ordinance remains the wav it currently is, if his dog walks out of his yard a neighbor could call and report it and he would be fined. Chief Martin stated that this was correct. Alderman Spears suggested leaving the ordinance the way it is and publicize it so residents are aware. Clerk Milschewski asked if the ordinance was not changed, how it applied to invisible fences around a person's front yard. Chief Martin stated that a dog in a front yard with an invisible fence is not running at large. Motion approved by a roll call vote. Ayes4 Nays -3 Munn -aye, Spears -nay, Plocher -aye, Golinski-nay, Besco -nay, Sutcliff -aye, Burd -ave Code Amendment Ordinances (PS 200846) A motion was made by Alderman Spears to table the Code Amendment Ordinances until the January 13. 2009 City Council meeting due to concerns expressed by Alderman Werderich; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes -6 Nays -0 Golinski -ave, Besco -aye, Sutcliff -aye, Burd -aye, Munns -ave, Spears -ave, Plocher -aye ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Alderman Golinski invited the City Council members to have some holiday cookies baked by his wife after the meeting. ADJOURNMENT Mavor Burd entertained a motion to adjourn. So moved by Alderman Plocher: seconded by Alderman Golinski. Motion unanimously approved by a viva voce vote. Meeting adjourned at 8:22 P.M. Minutes submitted bv: Jacquelyn Milschewski, City Clerk Citv of Yorkville. Illinois I REGULAR CITY COUNCIL MEETING December 22, 2008 PLEASE PRINT NAU E: ADDRESS: ,�9 f;. h'12c�r.Snn S� . 1 an- L /L f lv (yak CI r ` ' SIGNIN a � LAW OFFICE .KATHLEEN F IELD ORB, & ASSOCIATES 180 NORTH MICHIGAN AVENUE SUITE 1040 CHICAGO, ILLINOIS 60601 (312) 3B2 -2113 KATHLEEN FIELD ORR FAX (312) 382 -2127 P. JOSEPH MONTANA kfo@kfoassoc.com pjm@kfoassoc.com MEMORANDUM To: Mayor and City Council of the United City of Yorkville From: Kathleen Field Orr, City Attorney Date: December 22, 2008 Subject: Land Case Ordinance No. 1996 -3 and No. 2003 -12 as amended by Ordinance No. 2004 -22 and 2005 -37 You have inquired as to the legality of certain reimbursements proposed to be made to the General Fund from the Land Cash Fund of the City for expenses relating to the salary of the City's Park Planner. As mentioned at the City Council meeting of December 9, 2009, the case of Krughgll'i'. 010 ofNaperville, 68 I11.2d 352, 369 N.E.2d 892, 12111. Dec. 185 (1977) is the landmark case regarding the authority of a municipality to exact land donations or cash in lieu of land donations from developers for school or park purposes. The Illinois Supreme Court, in this case, held that a �. mandatory donation was valid so long as the land dedication requirement or cash in lieu thereof was calculated as "specifically and uniquely attributable" to the activities of the developer. The question of the constitutionality of these requirements as a condition of approval of a plat of subdivision or the issuance of a building permit, has also been discussed by the United States Supreme Court. Unless the demand upon the developer is proportionate to the development's anticipated impacts, the extraction of land or cash for school or park purposes can be deemed to be a violation ofthe Fifth Amendment's taking clause without just compensation. The question of the City Council, however, was not related to the court's holdings in the Krughoff case which dealt with legality of the City of Naperville to extract a donation for school or park purposes. The City Council inquired as to the use of funds paid to the City by Developers as an impact fee for the purposes of the acquisition of park sites or improvements to existing park sites. The courts have not addressed the formula to calculate the land dedication requirement or the cash contribution requirement, nor have the courts addressed the eligible costs to be paid by any cash donations. KATHLEEN FIELD ORR & ASSOCIATES 2 Ordinance No. 1996 -3 adopted by the City Council on January 25. 1996; however. does give specific instructions as to the use of cash contributions. Section I.C?.a. provides: "The cash contribution in lieu of park and recreation land dedication shall be held in trust by the City or other public body designated by the Cit). for the acquisition of park or recreational land as herein classified, which will be available to serve the immediate and future needs of the residents of that subdivision or development, or for the improvement of other existing local park and recreation lands which already serves such needs." It is obvious, therefore, that since park improvements would also include labor as well as equipment, there is authorization to pay for the Park Planner as well as other City personnel assigned to work on Park improvements or to finalize the improvements made to parks dedicated to the City. /kms i I I i I