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City Council Minutes 2009 02-24-09 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, FEBRUARY 24, 2009 Mayor Burd called the meeting to order at 7:03 p.m_ and led the Council in the Pledge of Allegiance. ROLL CALL - Clerk Milschewski called the roll. Ward I Allen Present Werderich Present (arrived 7:05) 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 Chief Martin, Lieutenant Schwartzkopf, Lieutenant Hart, Director of Parks & Recreation Mogle, 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. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Alderman Spears requested that Item 41 - Ordinance Amending the Code of Ordinances Providing for the Regulation of Fireworks (PS 2008 -46) under the Public Safety Committee Report be removed from the agenda and sent back to committee. Amendment unanimously approved by a viva voce vote. Alderman Spears requested that Item 414 - Ordinance Amending the Code of Ordinances Regarding Wind Energy Systems (PC 2009 -01) be removed from the consent agenda and placed on the regular agenda under the Public Works Committee report. Amendment unanimously approved by a viva voce vote. Mayor Burd requested that the Executive Session be moved up on the agenda to after the bill payments for approval. Amendment unanim ously approved by a viva voce vote. COMMITTEE MEETING DATES Public Works Committee 6:00 p.m., March 17, 2009 City Hall Conference Room Economic Development Committee 7:00 P.M., March 3, 2009 City Hall Conference Room Administration Committee 6:30 p.m., March 12, 2009 City Hall Conference Room Public Safety Committee 6:00 P.M., February 26, 2009 City Hall Conference Room PRESENTATIONS None. The Minutes of the Regular Meeting of the Citv Council — February 24, 2009 — DaLe 2 PUBLIC HEARINGS None. CITIZEN COMMENTS Dennis Batdorf addressed the City Council to discuss gifted children. He explained that his daughter who is in third grade is gifted as are many other children in Yorkville and Illinois. The problem gifted programs are having is with funding from the state; gifted children have similar financial needs as special needs children do. He explained that parents of gifted children will be going to Springfield to lobby for more funding. He stated that gifted children will be the ones to come up with technology and are the country's future so they need support. He asked the City Council for a proclamation to take with when they go to Springfield in April 2009. Jim Alderman from Veolia Environmental addressed the City Council concerning the change in refuse pick up dates. He explained that residents affected by the change will be notified and he thanked the city for posting the information on their website. The pickup changes will begin March 2, 2009. Susan Kritzberg addressed the City Council about the variances on the agenda for approval. She commented that to some four more signs might not be significant but to her they are. She stated that signs come from a need to increase exposure for businesses however these affect the adjacent open space. She stated that there are unknowns such as if the signs will increase business, how many businesses will remain over time, will new businesses want signs, etc. She noted that the ZBA has denied this request twice and that the signs will detract from the scenic view next to the buildings. She presented information on preserving special views to the City Council and added that the Comprehensive Plan states it wants to protect these views. She asked the City Council to uphold the denial of the variance. Verne Henne distributed pictures (see attached) of various views of the signs associated with the 604 and 620 Veterans Parkway variance. He noted that the owner of Pearle Vision offered to move trees blocking the sign from being viewed by westbound traffic on Route 34. He stated that the old city code allowed for these signs however the new one does not. He noted that every code that has been rewritten has been circumvented. He felt that the sign should be turned off at night but isn't. CONSENT AGENDA 1. Monthly Treasurer's Report for October 2008 (ADM 2009 -04) 2. Monthly Treasurer's Report for November 2008 (ADM 2009 -05) 3. Monthly Treasurer's Report for December 2008 (ADM 2009 -06) 4. Water Department Report for November 2008 (PW 2009 -14) 5. Water Department Report for December 2008 (PW 2009 -15) 6. Saravanos Development — Letter of Credit No. 150017273 -202 — authorize City Clerk to call Letter of Credit if it is not renewed prior to May 29, 2009 (PW 2009 -18) 7. Caledonia (Phases 1 & 2) — Sitework Reduction #2 and Landscaping Reduction #1 - authorize reductions to the following Old Second Bank Letters of Credit for sitework: LOC No. 2912 in an amount not to exceed $345,724. 01 and LOC No. 2968 in an amount not to exceed $58,707.63; and authorize reductions to the following Old Second Bank Letters of Credit for landscaping: LOC No. 2927 in an amount not to exceed $81,284.85 and LOC No. 309000356 in an amount not to exceed $12,160.50; with all reductions subject to verification that the developer has no outstanding debt owed to the city for this project (PW 2009 -19) 8. Raintree Village (Units 2 -6) — Letter of Credit Expiration - authorize City Clerk to call the following Letters of Credit if they are not renewed prior to April 17, 2009: LOC No. FGA C- 0 611 7for Unit 2 land improvements, LOC No. FGA C-06118for Unit 3 land improvements, LOC No. FGAC -06108 for Unit 4 sitework, LOCN6. FGAC -05167 for Unit 5 sitework, and LOC No. FGAC-0613 7for Unit 6 land improvements (PW 2009 -20) 9. Prairie Pointe — Final Acceptance and Letter of Credit Reductions - accept public improvements for watermain and sanitary sewer, subject to receipt of bill of sale; and authorize reduction to Castle Bank Letter of Credit No. 7000273791 -901 in an amount not to exceed $28,792.67 with remaining amount of the letter of credit to be kept in place during the one-year warranty period for the watermain and sanitary sewer; and authorize reduction to Castle Bank Letter of Credit No. 70002 73 791 -900 in an amount not to exceed $23,848.73 with the remaining amount of the letter of credit to be kept in place to guarantee the completion of seeding work (PW 2009 -21) 10. Resolution 2009 -09 - ]DOT Agreement and MFT Resolution for Route 47/Baseline Road - authorize Mayor and City Clerk to execute (PW 2009 -22) 11. Ordinance 2009 -09b - Repealing Ordinance Nos. 2004 -18 and 2008 -85 and Amending the Code of Ordinances to Provide for Regulating Development in Floodplain Areas - authorize Mayor and City Clerk to execute (PW 2009 -23) 12. Resolution 2009 -10 - Fox Road LAPP — Agreements for Engineering, Federal Participation, and MFT Resolution - authorize Mayor and City Clerk to execute (PW 2009 -24) The Minutes of the Regular Meeting of the Citv Council — February 24, 2009 — Dage 3 13. Resolution 2009 -11- Supplemental NTT Appropriation Resolution to Purchase Salt - authorize City Clerk to execute (PW 2009 -25) Mayor Burd entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Munns; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes -8 Nays -0 Golinski -aye, Werderich -aye, Plocher -aye, Spears -aye, Munns -aye, Sutcliff -aye, Allen -aye, Besco -aye PLAN COMMISSION /ZONING BOARD OF APPEAL Ordinance Approving a Variance for 604 and 620 W. Veterans Parkway (ZBA 2008 -09) A motion was made by Alderman Munns to approve an ordinance approving a variance for 604 and 620 W. Veterans Parkway and authorize the Mayor and City Clerk to execute; seconded by Alderman Golinski. Mayor Burd asked Mike Skinner of the Zoning Board of Appeals to address the board's decision. Mr. Skinner stated that the Board looked at the need for the variance, public input, safety and the property itself They discussed that the sign requested was not in the code, the economic need for the additional sign and that the property was resident owned. He stated that this is the second request for a variance for a sign on the back of the building from Pearle Vision and the ZBA did not see a need for one. Their sign is visible to east bound traffic and public input was passionate against additional signage. The ZBA also felt that a sign on the back of Amici's Restaurant could create a hazard to west bound drivers looking at it. He also noted that the only business owner to come to the ZBA meeting was Dr. Burggraf from Pearle Vision and he left before the vote. The ZBA felt that if this was important to the other businesses they would have been there. Also discussed was the possible relocation of some trees but nothing was resolved regarding this. Alderman Besco noted that the City Council had not seen anything on what the signs would look like. He asked if the ZBA had this information and Mr. Skinner stated that they did mot which also affected their approval. Alderman Besco felt there was no point to move forward without a schematic. Mayor Burd and Alderman Munns also expressed concern that the ZBA application did not have a schematic of the proposed sign. Alderman Sutcliff stated that she met with property owner Jim Ratos and Director Miller and they walked the property last fall. She noted that there is a tree in front of the sign which blocks its visibility. She questioned if the cost to move the tree was a problem and Mr. Skinner stated that he was not privy to the discussion regarding the tree. Alderman Spears shared Alderman Sutcliff's concern about the location of the tree. Dr. Randy Burggraf, owner of Pearle Vision addressed the City Council. He stated he was speaking for all four businesses at the location. He commented that the statement regarding the other business owner's lack of concern was unfair. He explained that the owner of Amici's was recovering from an accident and could not attend the meeting and the owner of Legends was busy runnin his business. Dr. Burggraf stated that he does not regularly attend city meetings so he was unsure as to what to do. When he was at the ZBA meeting, the members stated they were done with the public meeting and some people left at this point. He thought it was his cue to leave and he apologized for misunderstanding the process. He noted that the businesses requesting the variance are suffering from lack of exposure. He also noted several other businesses in Yorkville with signs on their buildings not in the right of way. The businesses requesting the variance face an unnamed street and they can't place a sign in the right of way. No other businesses in the Yorkville are laid out this way. He commented that he feels fault has been placed on Jim Ratos for the placement of the building however the city approved the layout. He stated that the ZBA expressed concern with safety but he has a degree in visual science and the proposed sign will be apparent front and center from Game Farm Road. Signs in the right of way cause drivers to turn their eyes. The business owners feel the request is reasonable and fair and they are asking for the same consideration given other businesses in Yorkville. Dr. Burggraf explained that he filled out the variance request, didn't withhold any information and if it is approved would abide by the requirement for the size of the sign per the city's ordinance. He stated he wanted to work with the community and in the discussions for the variance found that his security lights are bothering the neighbors. He indicated that Mr. Ratos is agreeable to tone down the lights. Alderman Werderich asked if the other businesses that Dr. Burggraf mentioned were in violation of the code or if they received variances for their signs. Mr. Skinner explained that there are many signs in Yorkville that are non - compliant; most being are older signs. The Minutes of the Regular Meeting of the Citv Council — February 24, 2009 — page 4 Alderman Allen asked if Dr. Burggraf was given information on signs on the rear of the building when he leased the property. Dr. Burggraf explained that he met with Mr. Ratos before the building was constructed and was told there would be a sign on the comer of the lot with all the businesses names on it. He was later told the sign would not be installed so the businesses bought and erected the sign themselves. Alderman Besco reiterated that the City Council had no information on the requested signs. Due to the lack of information he made a motion to table the ordinance; seconded by Alderman Werderich. Motion to table approved by a roll call vote. Ayes -6 Nays -1 Present -1 Besco -aye, Allen- present, Sutcliff -aye, Munns -nay, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye MINUTES FOR APPROVAL A motion was made by Alderman Munns to approve the minutes of the City Council meeting of January 27, 2009; seconded by Alderman Golinski. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Munns to approve the paying of the bills listed on the Detailed Board Report dated February 17, 2009 totaling the following amounts: checks in the amount of $462,164.26 (vendors); $269,623.37 (payroll period ending 2/14/09); for a total of $731,787.63; seconded by Alderman Allen. Alderman Besco questioned what the bill on page 29 for the Yorkville Area Chamber of Commerce in the amount of $1,000.00 was for. Mayor Burd explained that this was for the 2009 Chamber guide. Alderman Besco commented that he thought that this had already been paid. Director Mika stated she would look into the bill and get back to the City Council. Alderman Spears noted that a previous bill was for membership in the Chamber. Alderman Spears questioned a bill on page 15 for Menards for a Vicks steam vaporizer in the amount of $12.99 for the Engineering Department. City Engineer Wywrot explained that employees in the lower level of city hall found the environment very dry and requested a vaporizer so he approved the purchase. Alderman Spears asked that items such as this not be bought with taxpayers dollars. Motion approved by a roll call vote. Ayes -6 Nays -2 Munns -aye, Plocher -aye, Spears -nay, Sutcliff- -aye, Werderich -aye, Besco -nay, Golinski -aye, Allen -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 imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. • 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. She asked that Park Board members Chris Rollins and Ken Koch be included in the session. So moved by Alderman Werderich; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -8 Nays -0 Spears -aye, Sutcliff -aye, Werderich -aye, Besco -aye, Golinski -aye, Allen -aye, Munns -aye, Plocher -aye The City Council entered into executive session at 8 :04 p.m. The City Council returned to regular session at 9:12 p.m. The Minutes of the Reeular Meeting of the Citv Council — February 24, 2009 — naee 5 REPORTS MAYOR'S REPORT Ordinance 2009 -10b Establishing a Zoning Commission (CC 2009 -14) Mayor Burd entertained a motion to approve an ordinance establishing a Zoning Commission and authorize the Mayor and City Clerk to execute. So moved by Alderman Allen; seconded by Alderman Werderich. Alderman Spears asked if the is commission was established for boundaries and Mayor Burd explained that this establishes a code for a commission whose duty will be to recommend boundaries. There will be a public hearing and City Council vote for any boundary agreements_ Motion approved by a roll call vote. Ayes -6 Nays -0 Present -2 Werderich - present, Golinski -aye, Besco -aye, Allen -aye, Sutcliff -aye, Munns -aye, Spears - present, Plocher -aye Zoning Commission Appointments (CC 2009 -09) Mayor Burd entertained a motion to approve the appointment of Mike Crouch, Jeff Baker, Greg Millen, Ralph Pfister, Gary Neyer, Phil Haugen, Pete Huinker and Mike Crouch as Chairman of the Zoning Commission. So move by Alderman Golinski, seconded by Alderman Allen. Mayor Burd explained that two people are new to serving on a city board and that she picked people who could bring their knowledge to amending the zoning ordinance. Alderman Spears asked how many people applied to serve on the board and Mayor Burd stated that these were the only individuals. Alderman Spears asked who the two new people were and Mayor Burd indicated they were Mr_ Huinker and Mr. Neyer. Motion approved by a roll call vote. Ayes -8 Nays -0 Golinski -aye, Besco -aye, Allen -aye, Sutcliff -aye, Mums -aye, Spears -aye, Plocher -aye, Werderich -aye Human Resource Commission Appointments (CC 2009 -15) Mayor Burd entertained a motion to approve the appointment of Deanna Cross to the Human Resource Commission. So moved by Alderman Golinski; seconded by Alderman Allen. Mayor Burd explained that this applicant works for the United Way and she felt she could bring valuable expertise to the group. Motion approved by a roll call vote. Ayes -8 Nays -0 Besco -aye, Allen -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye Human Resource Commission Appointments (CC 2009 -15) Mayor Burd entertained a motion to approve the appointment of Edmont 11jazi to the Human Resource Commission. So moved by Alderman Golinski, seconded by Alderman Werderich. Mayor Burd explained that this applicant is the owner of the Silver Dollars Restaurant and has provided food for the needy at this restaurant_ Alderman Spears asked how many people applied to this commission and Mayor Burd stated these two individuals did as well at two or three more and there is still one more spot to be filled. Motion approved by a roll call vote. Ayes -8 Nays -0 Allen -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Besco -aye i The Minutes of the Reeular Meeting of the Citv Council — February 24, 2009 — nase 6 Resolution 2009 -12 Authorization to Participate in Illinois Department of Natural Resources Bike Path Program for the Kennedy Road Trail Improvements (CC 2009 -10) Mayor Burd entertained a motion to approve a Resolution of Authorization to participate in Illinois Department of Natural Resources Bike Path Program for Kennedy Road Trail Improvements and authorize the Mayor and City Clerk to execute. So moved by Alderman Werderich; seconded by Alderman Allen. Director Mogle explained that the City Council already approved the CMAQ grant for bike trails which are tied into the reconstruction of Kennedy Road. The city will know in November 2009 if it is successful with that grant but in the meantime can apply for this grant in case the CMAQ is unsuccessful. The deadline for the IDNR grant is in 1 ' / 2 weeks. He explained that the IDNR grant will not cover the same distance; it is for only one mile of trail but is for the same amount of funds. If the CMAQ is successful, the city can pull out of this grant. Alderman Spears expressed her concerns with the city having the funds to match either grant. She stated that she spoke with constituents who indicated they didn't support a bike path if the funds were not available. She stated she did not support the resolution. Alderman Golinski noted that the city does not have funds for either grant. Director Mogle indicated that the IDNR grant was a 50/50 grant which will cost the city the same amount of money as the CMAQ which is an 80/20 grant. He indicated that use of the land cash was not necessary as this was covered by developer funds. Laura Haake added that both grants cost the same however the federal grant takes longer to get the funds. The city will be notified in November if it qualified for the CMAQ and it will be notified in January if it qualified for the IDNR grant. The bottom -line for each grant is the same however the IDNR grant is for a shorter trail. Alderman Plocher stated that grant or no grant the city is obligated to construct a path. City Engineer Wywrot explained that both the Autumn Creek and Grande Reserve agreements call for the city to put in _ a sidewalk. Some developer funds were allocated for this but they do not cover the entire amount. He stated that there is $1.5 million from the Autumn Creek development for Kennedy Road however the current cost to improve the road is more. He stated that grant dollars help the city meet its obligation. Alderman Spears asked if the city was responsible for paying for the sidewalks and Mr. Wywrot explained that the sidewalks are part of the widening of Kennedy Road however the cost of the project is more than the funds received from developers. Alderman Spears questioned when the city would receive the funds and the time frame for the project. Mr. Wywrot stated that it was hoped the project would be done before the Autumn Creek Elementary School opened but now the project is years down the road. He was unsure of a time limit in the agreement. Motion approved by a roll call vote. Ayes -5 Nays -2 Present -1 Allen -aye, Sutcliff-aye, Munns -aye, Spears -nay, Plocher -aye, Werderich -aye, Golinski -nay, Besco- present CITY COUNCIL REPORT Resolution 2009- 13 Endorsing the Provisions of the Illinois Whistleblower Reward and Protection Act (CC 2009 -12) A motion was made by Alderman Spears to approve a resolution adopting the provisions of the Illinois Whistleblower Reward and Protection Act and authorize the Mayor and City Clerk to execute; seconded by Alderman Besco. Alderman Spears noted she spoke about this at the last City Council meeting and felt that passage of the resolution showed support for the state requirement. Attorney Orr stated that other communities are doing this as well, Mayor Burd asked that the motion be amended to say "supporting" the provision rather than "adopting" the provision. Alderman Plocher asked what the difference was. Mayor Burd stated that if the City Council "adopts" the provision the city would be responsible to enforce it. Attorney Orr stated that adopting the provisions doesn't obligate the city to enforce. She suggested using the word "endorsing ". Alderman Werderich further explained to the City Council how "adopting" obligates the city. i The Minutes of the Regular Meeting of the Citv Council — February 24, 2009 — Daze 7 There was a brief discussion on a approving a resolution versus an ordinance. Attorney Orr reminded the City Council that the resolution would not be codified. A motion was made by Alderman Plocher to amend the wording to endorsing; seconded by Alderman Werderich. Alderman Allen stated that the resolution supports the states position so there is no reason to approve this resolution and he did not support it. Alderman Sutcliff agreed. Motion to amend approved by a roll call vote. Ayes -6 Nays -2 Sutcliff -nay, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Besco -aye, Allen -nay Motion approved by a roll call vote. Ayes -6 Nays -2 Sutcliff -nay, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Besco -aye, Allen -nay ATTORNEY'S REPORT No report. CITY CLERK'S REPORT Resolution 2009 -14 Releasing Closed Session Minutes (CC 2009 -18) Clerk Milschewski reported that Attorney Orr had reviewed more Executive Session minutes and suggested the following be released_ She requested a motion for a resolution to release closed session minutes and authorize the Mayor and City Clerk to execute. So moved by Alderman Allen; seconded by Alderman Spears Motion approved by a roll call vote. Ayes -8 Nays -0 Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Besco -aye, Allen -aye, Sutcliff -aye CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Administrator McLaughlin reported that Sherri Farley had been selected as executive director of the Chamber of Commerce. FINANCE DIRECTOR'S REPORT Director Mika reported that staff would be picking another date for the budget workshop. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE'S REPORT No report. DIRECTOR OF PARKS & RECREATION'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR REPORT No report. COMMUNITY RELATIONS OFFICER'S REPORT Environmental Fair Mrs. Spies reported that the Green Committee would be hosting an environmental fair on Saturday, March 21, 2009 from 11:30 a.m. to 5:00 p.m. at the Rec Center. There will be twenty -five presenters, 40 exhibits including one on hybrid cars and activities for children. Emerald Ash Borer Seminar Mrs. Spies reported that there would be an Emerald Ash Borer seminar on March 31, 2009 at 6:00 p.m. at the Library. I The Minutes of the Reeular Meeting of the City Council — February 24, 2009 — Mee S CONY & LIAISON REPORT School Board Alderman Sutcliff reported that she attended the School Board meeting and made a presentation regarding the open School Board spot on the Park Board. The School Board indicated they would decide if they want to fill it. Ward I Meeting Aldermen Werderich and Allen reported that they would be holding a Ward I meeting on March 5, 2009 in the City Council chambers and they invited all Ward I residents to attend. Alderman Werderich stated an agenda for the meeting will be posted on the city's website. REPORTS PUBLIC WORKS COMMITTEE REPORT Com2 E -Waste Recycling Agreement (PW 2009 -12) A motion was made by Alderman Besco to approve an agreement between Com2 Computers and Technologies, LLC and the United City of Yorkville and authorize the Mayor and City Clerk to execute; seconded by Alderman Golinski. Alderman Besco reported that this agreement was for a recycling program at the Public Works facility. There will be a charge to recycle televisions, computer monitors, etc. which will be kept inside the facility. Alderman Werderich noted that the computers will not be taken if there is any personal information on the hard drive. Assistant City Administrator Olson noted that the city could coach people on how to remove this information and City Treasurer Powell stated that there is free software available that will purge the hard drive of data. He indicated he would get the information to Mr. Olson. Mayor Burd stated that she supported this project and wants the information out to residents. Motion approved by a roll call vote. Ayes -8 Nays -0 Spears -aye, Plocher -aye, Werderich -aye, Golinski -aye, Besco -aye, Allen -aye, Sutcliff -aye, Munns -aye Tree Replacement Program for the City (PW 2009 -26) A motion was made by Alderman Besco to approve a Parkway Tree Replacement Program as presented and authorize the Mayor and City Clerk to execute; seconded by Alderman Allen. Alderman Spears asked if there were funds in the budget to cover this and Director Dhuse explained that the city's match was the labor to plant the trees. 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 Resolution 2009 -15 Modifying a Policy Regarding Procedure and Authority to Reduce Letters of Credit and Performance Bonds for Construction of Land Improvements (PW 2009 -29) A motion was made by Alderman Besco to approve a resolution modifying a policy regarding procedure and authority to reduce Letters of Credit and Performance Bonds for construction of land improvements and authorize the Mayor and City Clerk to execute; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes -6 Nays -1 Present -1 Werderich -aye, Golinski -aye, Besco -aye, Allen -nay, Sutcliff -aye, Munns -aye, Spears- present, Plocher -aye Ordinance Amending the Code of Ordinances Regarding Wind Energy Systems (PC 2009 -01) Alderman Spears requested that the City Council hold a public hearing similar to the one Plan Commission held. She wanted residents to be aware of the ordinance. The Minutes of the Regular Meeting of the Citv Council — February 24, 2009 — naLye 9 A motion was made by Alderman Plocher to table the ordinance until after a public hearing; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -4 Nays -3 Present -1 Spears -aye, Plocher -aye Werderich -nay, Golinski -aye, Besco -aye, Allen -nay, Sutcliff- -nay, Munns- present ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS "Spend It In Yorkville" Alderman Sutcliff reported that the "Spend It In Yorkville" campaign was discussed at the Economic Development Committee meeting. Alderman Golinski threw the idea around and asked Administrator McLaughlin to bring the idea to the Chamber of Commerce. Administrator McLaughlin noted he was going to speak to eh lead groups for input. Alderman Golinski added that this was on the next Economic Development Committee meeting agenda. Hoover Alderman Werderich noted that on February 17, 2009 a letter was sent to the Kendall County Forest Preserve District regarding the Hoover agreement. He pleaded that the matter go to mediation before any legal action is taken. Mayor Yorkville reported that the District aslked for more time to consider the agreement and she gave them to March 4, 2009. It was also suggested that the two groups meet to discuss the agreement. Alderman Munns stated that members of the City Council met with the Forest Preserve District in December 2008 and the Forest Preserve District ignored the city and the agreement. Yorkville High School Wrestlers Alderman Allen congratulated the YHS Wrestlers for finishing second in the state. Downtown Businesses Mayor Burd reported that after the meeting for the downtown businesses some businesses have carried the conversation on. Sixteen people met this week and broke into committees in order to help energize the downtown area. She encouraged their efforts. ADJOURNMENT Mayor Burd entertained a motion to adjourn the meeting. So moved by Alderman Werderich; seconded by Alderman Spears. Adjournment of the meetings was unanimously approved by a viva voce vote. Meeting adjourned at 10:14 p.m. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois REGULAR CITY COUNCIL MEETING February 24, 2009 PLEASE PRINT NAME: ADDRESS: v 4 7 lfjwx- /O 9 y S Y4 it %C C// �- I i ��✓ic/rJf� /LL /J e, A1146!�7� /7 G SIGNIN I 1��V1iCpiV�AL�. P 62� PI,�Z ��`�SSIC3NgL OFFICE SF+ACE - 530- 269 - fi385 cus roRtiuiurta�ccuo rn; JOHNIS Allstat r+erm�oac 63Qt553.1280 �YoxkvlleDE1T.1L' Ashlin OB/GYN • ' rt Beautf ul Ya���ied 5 I r:c,E1DS 11A IN' 4JjmmY JOHN'S - .i GUHP.51L? SANDU)1CpLS. v y r.. w IF i 4 4 R� -Awl gas