City Council Minutes 2009 09-22-09 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, SEPTEMBER 22, 2009
Mayor Burd called the meeting to order at 7:07 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 Absent
Plocher Present
Ward III Munns Present
Sutcliff Present
Ward IV Teeling Present
Spears Present
Also present: City Clerk Milschewski, City Attorney Orr, City Administrator McLaughlin, Interim
Director of Parks and Recreation Olson, Finance Director Mika, Public Works Director Dhuse, Police
Lieutenants Hart and Schwartzkopf, Community Development Director Miller, City Engineer Wywrot,
City Park Designer Haake 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
Mayor Burd entertained a motion to table Item # 1 — Ordinance Approving a Preliminary Plan and Final
Plat of Subdivision for Medco Northgate Yorkville, LLC Subdivision (Rt. 47 & Galena) and Item #2 —
Ordinance Rezoning Certain Property in the Vicinity of Galena Road and Rt. 47 (JR Yorkville, LLC)
until the until the October 13, 2009 City Council meeting per the request of the petitioners. So moved by
Alderman Sutcliff, seconded by Alderman Plocher.
Motion approved by a roll call vote. Ayes -7 Nays -0
Plocher -aye, Werderich -aye, Teeling -aye, Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye
COMMITTEE MEETING DATES
Public Works Committee Meeting: 6:30 p.m., October 20, 2009
City Hall Conference Room
Economic Development Committee: 7 :00 p.m., October 6, 2009
City Hall Conference Room
Administration Committee Meeting: 6:00 p.m., September 28, 2009
City Hall Conference Room
Public Safety Committee Meeting: 6:00 p.m., October 8, 2009
City Hall Conference Room
*rescheduled from September 24, 2009
PRESENTATIONS
None.
PUBLIC HEARINGS
None.
CITIZEN COMMENTS
None.
II
The Minutes of the Regular Meeting of the Citv Council — September 22, 2009 — page 2
CONSENT AGENDA
1. Earthmover's Credit Union — Sidewalk Easement — authorize Mayor and City Clerk to execute
(PW 2009 -90)
2. Fox Road LAPP Project — Change Order 42 — authorize increase in an amount not to exceed
$3,308.81 and authorize City Engineer to execute (PW 2009 -91)
3. Ordinance 2009 -50 - Repealing 2008 Park Development Standards and Approving New Park
Development Standards — authorize Mayor and City Clerk to execute (PW 2009 -92)
4. Resolution 2009 -40 - Modifying a Policy Regarding Procedure and Authority to Reduce Letters
of Credit and Performance Bonds for Construction of Land Improvements — authorize Mayor and
City Clerk to execute (PW 2009 -88)
Mayor Burd entertained a motion to approve the Consent Agenda as amended. So moved by Alderman
Spears; seconded by Alderman Plocher.
Motion approved by a roll call vote. Ayes -7 Nays -0
Werderich -aye, Plocher -aye, Spears -aye, Munns -aye, Sutcliff -aye, Gilson -aye, Teeling -aye
PLAN COMMISSIONMONING BOARD OF APPEAL
Mayor Burd reported that just prior to this meeting the City Council had a joint meeting with the Zoning
Board of Appeals in order to get a better understanding of what they do. She stated that it was a good
meeting and that Director Miller will now be attending the ZBA's meetings and reporting back to the City
Council. She advised the City Council that if they had any concerns regarding zoning to contact Director
Miller.
MINUTES FOR APPROVAL
A motion was made by Alderman Sutcliff to approve the minutes of the City Council meetings of July 28,
2009 and August 11, 2009; seconded by Alderman Munns.
Alderman Gilson questioned the wording on page 4 of the July 28, 2009 minutes under Resolution 2009-
37. He stated that instead of "after ignoring" in the second paragraph it should read "without ".
Motion approved unanimously by a viva voce vote.
BILLS FOR APPROVAL
A motion was made by Alderman Sutcliff to approve the paying of the bills listed on the Detailed Board
Report dated September 16, 2009 totaling the following amounts: checks in the amount of $499,351.59
(vendors); $268,162.79 (payroll period ending 9/12/09); for a total of $767,514.38; seconded by
Alderman Munns.
Motion approved by a roll call vote. Ayes -7 Nays -0
Munns -aye, Plocher -aye, Spears -aye, Sutcliff- -aye, Werderich -aye, Teeling -aye, Gilson -aye
REPORTS
MAYOR'S REPORT
Appointment to Human Resource Commission — Jill Harker
(CC 2009 -79)
Mayor Burd entertained a motion to approve the appointment of Jill Harker to the Human Resource
Commission. So moved by Alderman Sutcliff, seconded by Alderman Munns.
Mayor Burd stated that it was with great pleasure that she brought forward the appointment of Ms.
Harker. She explained that she is a very dedicated volunteer who has worked on the city's holiday and
- anniversary programs. She noted that there is still one more position still open on the commission.
Motion approved by a roll call vote. Ayes -7 Nays -0
Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Teeling -aye
Resolution 2009 -41 Approving a Revised Policy for Athletic Field Use Policies and Procedures
(CC 2009 -80)
Mayor Burd reported that the Park Board unanimously recommended the revised policy. Interim Director
Olson added that the September 16, 2009 memo in the City Council packet outlines the changes. The
The Minutes of the Regular Meeting of the Citv Council — September 22, 2009 — page 3
policy was revised to set fees by September 30, 2009. The fees have been increased to address
maintenance, lighting, etc.
Mayor Burd entertained a motion to approve a resolution approving a Revised Policy for Athletic Field
Use Policies and Procedures and authorize the Mayor and City Clerk to execute. So moved by Alderman
Plocher; seconded by Alderman Werderich.
Motion approved by a roll call vote. Ayes -7 Nays -0
Sutcliff- -aye, Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Teeling -aye, Gilson -aye
Yorkville Youth Baseball Softball Association ( YYBSA) Agreement for 2010
(CC 2009 -81)
Mayor Burd entertained a motion to approve an agreement between the United City of Yorkville,
Yorkville Park & Recreation Department and the Yorkville Youth Baseball/Softball Association and to
authorize the Mayor to execute. So moved by Alderman Sutcliff; seconded by Alderman Spears.
Mayor Burd reported that this agreement was unanim ously approved by the Park Board. Interim Director
Olson explained changes such as the increase in fees and the clarification of the payment of fees. He
stated that the Park Board is recommending a change to the sign ordinance so that signs or banners can be
hung on the backstops.
Alderman Spears stated that she attended the Park Board meeting where they discussed the agreement at
length. She felt that the increase on fees was warranted.
Alderman Sutcliff stated that the YYBSA was upset last year because they were given notice of the
increase after they had already collected registration fees under the old fee schedule. She felt it would be
better to notify them of increases in the spring before they have their registration.
Motion approved by a roll call vote. Ayes -7 Nays -0
Munns -aye, Spears -aye, Plocher -aye, Werderich -aye, Teeling -aye, Gilson -aye, Sutcliff-aye
CITY COUNCIL REPORT
No report.
ATTORNEY'S REPORT
Attorney Orr reported that she was giving a seminar for Metro West in Sugar Grove on the new FOIA
laws affective January 2010. She encouraged everyone to attend. She also reported that she would be
speaking at a TIF conference at the IML Conference this weekend as well as joining the city's hearing
officer in a co -panel discussion on the role of adjudication officers.
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 the parkway tree program is underway with trees being planted next week.
CHIEF OF POLICE'S REPORT
Lieutenant Schwa.rtzkopf reported on the following:
• The next BASSET class would be held on September 28, 2009 at the library from 1:00 p.m. to
6:00 p.m.
• The 4 Annual Senior Police Academy will be held on October 28, 2009 at the Kendall County
Historic Courthouse at 8:00 a.m.
Mayor Burd reported that Chief Martin has gotten state -wide recognition for the BASSET classes.
Lieutenant Schwartzkopf added that other communities have approached them about the program as it is
catching on in other areas.
The Minutes of the Regular Meeting of the Citv Council — Sentember 22, 2009 — Dage 4
DIRECTOR OF PARKS & RECREATION'S REPORT
Interim Director Olson reported on the following:
• There will be a Playful City event on October 12, 2009 (Columbus Day) at the Riemenschneider
Park from 12:00 p.m. to 2:00 p.m.
• The Halloween Egg Hunt will be held on October 24, 2009 from 7:00 p.m. to 8:00 p.m. at Town
Square Park.
• The Chili Chase 5K Run will be held on November 21, 2009 beginning at 8:30 a.m.
COMMUNITY DEVELOPMENT DIRECTOR REPORT
No report.
COMMUNITY RELATIONS OFFICER'S REPORT
Mrs. Spies reported on the following:
• The Community Volunteer Event will be held on October 21, 2009 at 6:30 p.m. at the library.
• The Share and Care Recycling event will be held at the Kendall County Fairgrounds on October
24, 2009 from 9:00 a.m. to 3:00 p.m.
• Cele Sanders from the Human Resource Commission submitted an application for a Governor's
Hometown Award for the Food Pantry and the city has won the award. It will be presented to the
city on October 29, 2009.
Mayor Burd stated that the Hometown Award was a group effort and she congratulated everyone
involved. She stated that the city should be proud of the Food Pantry.
COMMUNITY & LIAISON REPORT
Yorkville Economic Development Corporation
Alderman Munn reported that he attended the Yorkville Economic Development Corporation meeting
where membership was discussed, it is still holding steady with seventeen members. Revenue is up and
sales tax is even with last year.
Bristol Bay Park Open House
Alderman Spears reported that she attended the Park & Recreation Department's open house for the
Bristol Bay Park. She stated that Ms. Haake and Mr. Sleezer did a great job presenting the circus theme
- park, addressing and answering the resident's questions.
Metropolitan Planning Council
Mayor Burd reported that she attended the Metropolitan Planning Council meeting in Chicago as Oswego
Village President LeClergs's guest. Three members of President Obama's administration were present
and there was a panel discussion held to discuss general issues of urban planning and environmental
technology.
Metro West
Mayor Burd reported that she attended the Metro West meeting in East Dundee where there was a
presentation on water supply and regional water planning. They discussed the concern with the extension
of water lines which control growth. They are thinking of drafting legislation for a municipal oversight
group. They also feel that areas should not be lumped together, i.e. shallow well users with lake water
users. Metro West has formed a water conservation task force which Director Dhuse will be attending
and she will have information sent to the City Council for their review. She asked that they relay their
opinion to her.
Kendall County Network Project
Mayor Burd reported that she attended the Kendall County Network Project (KCNP) luncheon where
Barbara Johnson from Yorkville CUSD 4115 received an award. Teen drinking and drug abuse issues
were discussed and Sergeant Groesch discussed BASSET training and how it helps control underage
drinking.
REPORTS
PUBLIC WORKS COMMITTEE REPORT
No report.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
Ordinance Amending the Code of Ordinances for the
Regulation of Wind Energy Systems — Second Reading
(EDC 2009 -37)
A motion was made by Alderman Spears to approve an ordinance amending the Code of Ordinances for
the Regulation of Wind Energy Systems and authorize the Mayor and City Clerk to execute; seconded by
Alderman Werderich.
The Minutes of the Regular Meeting of the Citv Council — September 22, 2009 — aau 5
Alderman Munns questioned the noise level mentioned on page 4, Item D. Director Miller explained that
the noise is similar to that of an air conditioning unit and the noise is measured from the closest property
line. Alderman Munns questioned the fencing requirements in Item E. Director Miller explained that this
would be evaluated based on the system being used and fencing may not always be necessary. Alderman
Munns questioned Item D regarding the height of the units and Director Miller stated that the height
requirement is the same as it was in the original ordinance and small systems are proposed by zoning
district.
Alderman Gilson stated that he thought there was going to be separate ordinances for the separate systems
and that it was confusing to run the two systems together. He asked if they could be separated. He also
stated that he still has issues with the ordinance such as with the agencies named in it and enforcement of
the ordinance.
Alderman Spears shared Alderman Gilson's concerns and also thought the systems were going to be
placed in two separate ordinances. She recommended they be separated. Director Miller stated that he
thought the direction of the City Council was to research each system and address them in different
chapters of the same ordinance because the systems share general provisions. Alderman Munn also
thought there was going to be separate ordinances for separate systems. Mayor Burd thought it was
agreed to be one ordinance with different chapters as Director Miller indicated.
Director Miller was given direction to separate the systems into two ordinances with common general
provisions.
A motion was made by Alderman Spears to table the ordinance until the next City Council meeting;
seconded by Alderman Munns.
Motion to table approved by a roll call vote. Ayes -7 Nays -0
Werderich -aye, Teeling -aye, Gilson -aye, Sutcliff -aye, Munns -aye, Spears -aye, Plocher -aye
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
No report.
ADDITIONAL BUSINESS
Sergeant Dave Delany
Alderman Spears stated that she received a memo from Chief Martin regarding Sergeant Dave Delany
and the grants he has applied for and obtained. She complemented him on his fine work. She noted that
the city received sixteen new radios due to his efforts and she asked the members of the City Council to
take time and thank him for his work.
Revenue and Expense Report
Alderman Spears asked that the Detailed Revenue and Expense Report for Land Cash be taken to the
Administration Committee because she has questions. Alderman Sutcliff agreed to put it on the
committee's agenda.
Fox Hill/Timber Glen
Alderman Munns reported that he met with City Engineer Wywrot and Administrator McLaughlin to
walk the Fox Hill and Timer Glen subdivisions. He stated that there are issues with garbage, overgrown
grass, etc. and they made a list of things that need to be addresses.
Land Cash Report
Alderman Gilson stated that he asked Interim Director Olson for the Land Cash report but did not receive
it. Mr. Olson indicated that it was emailed to the elected officials Monday with the elected officials
request memo.
Ward I Meeting
Alderman Gilson reported that he and Alderman Werderich held a Ward I meeting which was well
attended.
EXECUTIVE SESSION
Mayor Burd entertained a motion 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.
So moved by Alderman Spears; seconded by Alderman Werderich.
Motion approved by a roll call vote. Ayes -7 Nays -0
Spears -aye, Sutcliff -aye, Werderich -aye, Teeling -aye, Gilson -aye, Munns -aye, Plocher -aye
i
The Minutes of the Resular Meetins of the Citv Council — September 22, 2009 — vase 6
i
The City Council entered into Executive Session at 7:58 p.m.
The City Council returned to the regular session at 8:20 p.m.
ADJOURNMENT
Mayor Burd entertained a motion to adjourn the meeting. So moved by Alderman Sutcliff, seconded by
Alderman Munns.
Adjournment of the meeting was unanim ously approved by a viva voce vote.
Meeting adjourned at 8:20 P.M.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville, Illinois
I
REGULAR CITY COUNCIL MEETING
September 22, 2009
PLEASE PRINT
NAME: SUBDIVISION OR BUSINESS:
&.4 -1/— e W ilhe i- /'� laoe 77 �
6 � v
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-LAUV- - YE- D J YQLL
SIGNIN
° cry
O� Memorandum
To: City Council
EST. , - 1836 From: Susan Mika, Finance Director b
O �� an y CC. Mayor Burd; Brendan McLaughlin, City Administrator
,�� p Date: September 22, 2009
C Ic -y Subject: Bill List Questions
Listed below are the responses to questions from the September 22, 2009 bill list:
1. Can you please detail H -1847C -67464 in terms of what this council entailed?
Response: This was to revise a letter to the auditors and the Onishi Vs. Claashen case.
2. Can you please detail H -1974C -67611 in terms of what this council entailed?
Response: This was for IEPA matters in regards to Hamman.
3. Can you please detail H -2013C -6765 in terms of what this council entailed?
Response: Hamman fees matter, preparation of discovery requests to defendant.
4. Under SEC Group, Inc. can you please clarify which transportation plan these monies
were spent on under 62399? For more clarification, please explain the monies spent
under SEC Group 62399 if they apply to the Yorkville Integrated Transportation Plan &
Fox River Watershed Study. I was under the impression that this was paid for complete
by a grant.
Response: This was for the Yorkville Integrated Transportation Plan; 90% is reimbursed
by IDOT and 10% is the City's responsibility.
5. Under Yorkville Area Chamber of Commerce, can you please detail 24695 — Admin —
Teacher Breakfast for I?
Response: The Mayor attended this breakfast and the fee included one goodie bag for a
new teacher.
6. Please explain last item appearing on page 19 "J. T. Johnson... 'of the subject report.
Response: This is to refund Mr. Johnson, who is retired, his COBRA insurance premium
for the month of September.
If you have any questions or concerns, please do not hesitate to contact me.
PRESERVE i O'
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