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City Council Minutes 2009 06-23-09 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, JUNE 23, 2009 Mayor Pro Tem Golinski 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 Gilson Present Werderich Present Ward II Golinski Present Plocher Present Ward III Munns Present Sutcliff Present Ward IV Teeling Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Orr, City Administrator McLaughlin, Interim Director of Parks and Recreation Olson, Public Works Director Dhuse, Police Lieutenant Hart, Community Development Director Miller and Public Relations Officer Spies. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Pro Tem Golinski 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 None. COMMITTEE MEETING DATES Public Works Committee 6:30 p.m., July 21, 2009 City Hall Conference Room Economic Development Committee 7:00 P.M., July 7, 2009 City Hall Conference Room Administration Committee 6:00 p.m., July 16, 2009 City Hall Conference Room Public Safety Committee 6:00 P.M., June 30, 2009 City Hall Conference Room PRESENTATION None. PUBLIC HEARINGS None. CITIZEN COMMENTS None. CONSENT AGENDA 1. Resolution 2009 -29 - IDOT Highway Permit and Resolution — Countryside Redevelopment - authorize Mayor and City Clerk to execute (PW 2009 -56) 2. Aldi's Redevelopment — Amended and Restated Permanent Traffic Signal Easement - authorize Mayor and City Clerk to execute(PW 2009 -57) 3. Game Farm/Somonauk Street Project (PW 2009 -58) a. Resolution 2009 -30 - MFT Appropriation Resolution - authorize City Clerk to execute The Minutes of the Regular Meeting of the Citv Council — June 23, 2009 — na g 22 b. Contract for Professional Services for Right -of -Way and Easement Acquisition - approve proposal from Jay M. Heap & Associates, Ltd. in an amount not to exceed $85, 000.00 and authorize Mayor to execute 4. Kendallwood Estates — Benjamin Street Paving and Landscaping - approve as presented (PW 2009 -59) 5. Monthly Treasurer's Report for April 2009 (ADM 2009 -35) 6. Resolution 2009 -31- Authorization to Close Castle Bank Checking Account No. 80515096 for the North Water Tower Project - authorize Mayor and City Clerk to execute (ADM 2009 -36) 7. Resolution 2009 -32 - Approving an Identity Theft Prevention Program (Red Flag Rules) — authorize Mayor and City Clerk to execute (ADM 2009 -37) 8. Ordinance 2009 -32 - Declaring the City's Compliance with the Prevailing Wage Act — authorize Mayor and City Clerk to execute (ADM 2009 -38) 9. Resolution 2009 -33 - Approving a Policy on Developer Deposits - authorize Mayor and City Clerk to execute (ADM 2009 -40) 10. Ordinance 2009 -33 - Approving Regional Stormwater Management Facility Easement Agreement - authorize Mayor and City Clerk to execute (CC 2009 -57) Mayor Pro Tem Golinski entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Werderich; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -8 Nays -0 Gohnski -aye, Werderich -aye, Plocher -aye, Spears -aye, Munns -aye, Sutchff- -aye, Gilson -aye, Teeling -aye PLAN COMMISSION /ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL Mayor Pro Tem Golinski entertained a motion to approve the minutes of the City Council meeting of May 12, 2009. So moved by Alderman Werderich; seconded by Alderman Spears. - Motion approved unanimously by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Sutchffto approve the paying of the bills listed on the Detailed Board Report dated June 16, 2009 totaling the following amounts: checks in the amount of $389,900.43 (vendors); $277,992.50 (payroll period ending 6/6/09); for a total of $667,892.93; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes -8 Nays -0 Munns -aye, Plocher -aye, Spears -aye, Sutcliff -aye, Werderich -aye, Teeling -aye, Golinski -aye, Gilson -aye REPORTS MAYOR'S REPORT OSLAD Grant Applications for 2009 (CC 2009 -58) Authorization to Apply for OSLAD Grant for Bristol Bay Regional Park Mayor Pro Tem Golinski made a motion to approve a Resolution of Authorization for an OSLAD Grant for Bristol Bay Regional Park Development and authorize the Mayor and City Clerk to execute; seconded by Alderman Plocher. Mayor Pro Tem Golinski reported that the Park Board had a lengthy discussion on this matter which resulted in a unanimously negative vote. There are no funds in Land Cash to match with the grant. He stated he supported the Park Board decision. Alderman Spears agreed with Alderman Golimki. Motion defeated by a roll call vote. Ayes -2 Nays -6 Munns -aye, Spears -nay, Plocher -aye, Werderich -nay, Golinski -nay, Teeling -nay, Gilson -nay, Sutcliff -nay The Minutes of the Regular Meeting of the Citv Council — June 23. 2009 — nage 3 Authorization to Apply for OSLAD Grant for Bollweg Property Acquisition Mayor Pro Tem Golinski made a motion to approve a Resolution of Authorization for an OSLAD Grant for Bollweg Property Acquisition and authorize the Mayor and City Clerk to execute; seconded by Alderman Werderich. Mayor Pro Tem Golinski reported that this received a positive recommendation from the Park Board only if land is used as a match. He stated he recommended it only if the appraisal was reasonable however the owner is asking more that the land is worth. Alderman Spears stated that the application does not indicate that the city has timeframe for acquisition. She noted that the city does not have the funds for the purchase and that it has had previous problems with this land owner. Alderman Gilson agreed with Alderman Spears and stated there are too many unknowns in this matter such as the cost to improve the property. He also questioned the land match in the present economy. Alderman Teeling did not feel it was right for the city to proceed due to the low appraisal. Motion defeated by a roll call vote. Ayes -2 Nays -6 Spears -nay, Plocher -nay, Werderich -aye, Golinski -nay, Teeling -nay, Gilson -nay, Sutcliff- -aye, Munns -nay CITY COUNCIL REPORT No report. ATTORNEY'S REPORT Attorney Orr noted that #9 of the consent agenda, Resolution 2009 -33 - Approving a Policy on Developer Deposits, sets up an escrow for each developer. If the amount owed the city is more than $30,000.00 a law suit will be filed against the developer. She stated that she was being very cautious with the revision. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that there was a minor power outage after last Fridays storm however there was no extensive damage done. CHIEF OF POLICE'S REPORT No report. DIRECTOR OF PARKS & RECREATION'S REPORT Interim Park & Recreation Director Olson reported on the following: • Movie Under the Stars is being rescheduled to August 4, 2009 to coincide with the National Night Out. • Music Under the Stars will be this Friday with 61 Beale Street performing. • A wood bat tournament was held this past Saturday. It was sponsored by the Yorkville Youth Baseball/Softball Association and they complimented the Park'staff for their work. COMMUNITY DEVELOPMENT DIRECTOR REPORT No report. COMMUNITY RELATIONS OFFICER'S REPORT Mrs. Spies reported that the city would have a float in the Fourth of July parade which starts at 9:00 a.m. She stated she would email the City Council the details and that their families were invited to join them The Minutes of the ReEular MeetinLy of the Citv Council — June 23, 2009 — uage 4 COMMUNITY & LIAISON REPORT Senior Update Alderman Spears gave an update on federal stimulus funds on senior meal programs. The funds are to be distributed between eight northeast counties in order to expand nutritional services. The funding is for an eighteen month period. The temporary budget passed by the State of Illinois is a disaster for seniors. It closes VA homes, cuts the elder abuse program, cuts into meal programs, reduces funds to the Circuit Breaker Program, etc. She encouraged everyone to contact their state legislators regarding the cuts. REPORTS PUBLIC WORKS COMMITTEE REPORT Kendall Marketplace — Earthwork LOC Expiration (PW 2009 -55) A motion was made by Alderman Plocher to authorize the City Clerk to call Letter of Credit No. 069144501 for Kendall Marketplace development if it is not renewed prior to September 4, 2009; seconded by Alderman Golinski. Alderman Gilson felt that this did not stick to city policy with a $250,000.00 LOC. He felt the city has been stuck in the past and that the city should call $450,000.00 of the LOC. Alderman Spears referred to Joe Wywrot's June 9, 2009 memo explaining the amount of the LOC. She stated that the city agreed to a lower LOC because a supplemental one was going to be established however this wasn't done. Administrator McLaughlin noted that the earthwork was mostly completed at the site. He was not sure why the additional LOC wasn't provided however he indicated that Mr. Wywrot did not feel the need to get an additional LOC due to the amount of work already done between last year and now. Alderman Spears stated that she drove through the area and saw large pipes and concrete lying around. Administrator McLaughlin stated he also noticed the mess on the portion of the property deeded to the city which the city will need to clean up. Motion approved by a roll call vote. Ayes -8 Nays -0 Plocher -aye, Werderich -aye, Golinski -aye, Teeling -aye, Gilson -aye, Sutcliff-aye, Munns -aye, Spears -aye Fox Road LAPP Project — Change Order #1 (CC 2009 -59) A motion was made by Alderman Plocher to authorize an increase in an amount not to exceed $117,717.50; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes -8 Nays -0 Werderich -aye, Golinski -aye, Teeling -aye, Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Amending the Code of Ordinances Providing for the Regulations of Wind Energy Systems Second Reading (EDC 2009 -01) A motion was made by Alderman Golinski to approve an ordinance amending the Code of Ordinances providing for the regulation of Wind Energy Systems and authorize the Mayor and City Clerk to execute; seconded by Alderman Werderich. Alderman Gilson stated that he asked Director Miller for Federal Aviation Administration (FAA) requirements for compliance but he still hasn't received the information. Director Miller stated that the requirements do not apply due to the systems being mounted to a structure. He further explained that wind energy is a new phenomenon so there is no specific information in the different codes. Alderman Gilson stated that there was a useless compliance reference in the ordinance and he questioned the acceptable standards for these systems. Director Miller noted that everything is in draft form and that he had information about the American Wind Energy Association (AWEA) in the packet for the first reading of the ordinance which gave criteria for the systems. Alderman Gilson asked that the annual inspection of equipment be added back into the ordinance and that information on acceptable manufacturers also be added. The Minutes of the Regular Meetine of the Citv Council — June 23. 2009 — naee 5 Alderman Spears asked for clarification if an ordinance is voted on at the second reading and Attorney Orr stated that it was. She suggested that Alderman Gilson's suggestions be incorporated into the ordinance. A motion was made by Alderman Gilson to table the ordinance back to the Economic Development Committee; seconded by Alderman Munns. i Motion approved by a roll call vote. Ayes -5 Nays -3 Teeling -aye, Gilson -aye, Sutcliff -nay, Munns -aye, Spears -aye, Plocher -aye, Werderich -nay, Golinski -nay PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Pond Maintenance Alderman Munns noted that ponds in the city are not being maintained. He specifically noted the Dreyer Fox Hill and Eldamain ponds. Alderman Plocher stated that this has been discussed at the Public Works Committee meeting however no action was taken. Director Miller explained native basins with plant materials. He stated that he was getting a study from ecologists and needed direction from the Public Works Committee as to how to proceed. Attorney Orr added that she has discussed this issue with Administrator McLaughlin and they are developing an ordinance to address this problem. Administrator McLaughlin added that he would check with Mr. Wywrot about the Dreyer pond. EXECUTIVE SESSION , A motion was made by Mayor Pro Tem Golinski to go into Executive Session for the purpose of litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or immin ent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes -8 Nays -0 Spears -aye, Sutcliff -aye, Werderich -aye, Teeling -aye, Gohnski -aye, Gilson -aye, Munns -aye, Plocher -aye The City Council entered the Executive Session at 7:36 p.m. The City Council returned t regular session at 8:30 p.m. ADJOURNMENT A motion was made by Mayor Pro Tem Golinski to adjourn the meeting; seconded by Alderman Gilson. Adjournment of the meetings was unanim ously approved by a viva voce vote. Meeting adjourned at 8:31 p.m. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois REGULAR CITY COUNCIL MEETING i JUNE 23 2009 PLEASE PRINT NAME: SUBDIVISION O BUSINESS: C a 0 � � U l SIGNIN