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HomeMy WebLinkAboutCity Council Packet 2004 07-27-04 `'`,s� /pD Co United City of Yorkville County Seat of Kendall County EST.Xi 1836 800 Game Farm Road Cl) Yorkville, Illinois 60560 O II :i O Phone:630-553-4350 AGENDA �.�3�. = Fax:630-553-7575.f- Rends �, v. CTI Y COUNCIL MEETING `��L e ��' CITY COUNCIL CHAMBERS 7:00 PM Tuesday, July 27,2004 Call to Order: 7:00 p.m. Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Rich Sticka Valerie Burd Marty Munns Joe Besco Paul James Larry Kot Wanda Ohare Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Ad-hoc: Technology Committee 7:00 p.m., Monday, August 23, 2004 6:30 p.m., Thursday, July 29, 2004 City Hall Conference Room City Hall Conference Room Economic Development Committee: 7:00 p.m., Thursday, August 19, 2004 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday, August 12, 2004 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday, August 26, 2004 City Hall Conference Room Public Hearings: None Citizen Comments: Presentations: None City Council Meeting Agenda July 27, 2004 Page 2 Consent Agenda 1. Treasurer's Reports for February and March 2004 2. Agreement with YB SD for Rob Roy Creek Interceptor-authorize Mayor and City Clerk to execute 3. Engineering Agreement for North Branch of Rob Roy Creek Interceptor-authorize Mayor and City Clerk to execute and to pay the Engineer a lump amount of$159,750 based on the Engineer's estimate of the proportion of the total services actually completed at the time of billing. 4. Engineering Agreement for East Branch of Rob Roy Creek Interceptor-authorize Mayor and City Clerk to execute and to pay the Engineer a lump amount of$174,000 based on the Engineer's estimate of the proportion of the total services actually completed at the time of billing. 5. Fund Balance Reserve Contingency Fund Policy Plan Commission/Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council—July 13, 2004 Minutes of Committee of the Whole—January 20, 2004, May 4, 2004, and June 15, 2004 Bill payments for approval from the current Bill List(Corrections and Additions): Checks total these amounts: $ 669,922.22 (vendors) $ 142,947.16 (payroll period ending 7/10/04) $ 812,869.38 (total) Reports: Mayor's Report: 1. Intergovernmental Agreement with School District 115 2. Purchase of Land for Countryside Center Pump Station 3. Purchase of Land for Bruell Street Pump Station 4. Authorization for Design and Construction of Heartland Circle Pump Station(pending legal and engineering review) Attorney's Report: City Clerk's Report: City Council Meeting Agenda July 27, 2004 Page 3 Reports(con't): City Treasurer's Report: City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Executive Director of Parks&Recreation Report: Community&Liaison Report: Committee Reports: Public Works Committee Report: 1. No Report. Economic Development Committee Report: 1. Marathon Petroleum—Ordinance Granting Setback Variances for 504 S. Bridge Street 2. Richard Marker& Associates -Ordinance Granting Special Use Request for 708 E. Veteran's Parkway 3. Resolution Approving Preliminary/Final Plat for Cornerstone Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. No Report. Additional Business: Executive Session: 1. The purchase or lease of real property for the use of the public body. Adjournment City Council Meeting Agenda July 27, 2004 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2004—2005 PUBLIC WORKS Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committee: Alderman Munns Streets and Alleys YBSD Committee: Alderman Sticka Sanitation and Waste Committee: Alderwoman Burd ECONOMIC DEVELOPMENT Committee Departments Liaisons Chairman: Alderman Sticka Planning&Building&Zoning Chamber of Commerce Committee: Alderwoman Burd Business&Economic Dev. Kendall County Econ. Dev. Committee: Alderwoman Spears Plan Commission Committee: Alderman Munns Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention& Tourism Council Downtown Re-development PUBLIC SAFETY! Committee Departments Liaisons Chairman: Alderman Kot Police Human Resource Comm. Committee: Alderwoman Ohare Schools School District Committee: Alderwoman Spears Public Relations KenCom Committee: Alderman James !ADMINISTRATION Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Ohare Public Properties Library Committee: Alderman Kot Personnel Cable Consortium Committee: Alderman Besco AD-HOC: TECHNOLOGY! Committee Chairman: Alderman Munns Committee: Alderman Kot Committee: Alderman Sticka Committee: Alderwoman Ohare 07/21/2004 06:04 FAX 820 553 5784 DANIEL J. KRAMER -- - - - -- - ..._. _. _...__ ._. -. . .._ - - - - f�002/006 THE INTERGOVERNMENT COOPERATIVE AGREEMENT OF THE YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT#115 and THE UNITED CITY OF YORKVILLE This agreement is made and entered into this day of 2004,by and between THE UNITED CITY OF YORKVILLE an Illinois municipal corporation (the "City"), and the Board of Education of YORK_VILLE COMMUNITY UNIT SCHOOL DISTRICT #115 (the "School District"). WITNESSETH WHEREAS, the parties hereto are interested in establishing an Intergovernmental Agreement for the sharing of current and future City and School District facilities and services; and WHEREAS, the purpose of this joint use Agreement is to allow and encourage the Parks and Recreation Department of the City and School District to work together in planning and developing future public buildings and amenities, and the use of existing and future public buildings and amenities; and WHEREAS, said Agreement has been created, and has been adopted by the City Council of United City of Yorkville; and WHEREAS,said Agreement has been created, and has been adopted by the Board of Education of the Yorkville Community Unit School District#115; and WHEREAS, Intergovernmental Cooperation Agreement is authorized by the Illinois Constitution of 1970 and The Intergovernmental Cooperation Act of the State of Illinois, providing for the execution of agreements and implementation of cooperative ventures between public agencies of the State of Illinois (5 ILCS 220/1-220/7 et. seq,). NOW,THEREFORE, in consideration of the covenants and agreements hereinafter contained, it is mutually agreed by and between the parties hereto as follows: 1. DEVELOPMENT OF FUTURE FACILITIES AND PARKS. a. As established by this agreement the Parks &Rec.Dept. of the City and the School District will share when possible,the concept design for the planning of combined School/Parks locations which will include: locations, designs, types of facilities and athletic fields, schedules and frequency of use and time frames for development. b. The Parks &Rec. Department of the City and the School District will work cooperatively to provide the optimum use and fiscal resources for the development of new facilities and parks,which will benefit the residents of the United City of Yorkville and residents of Yorkville Community Unit School District No. 115. c. The Parks &Rec. Dept. of the City and the School District will encourage cooperative efforts in the designing and land use planning of the combined school/park locations. Each Party shall offer the other the opportunity to review and 1 07/21/2004 08 04 FAX 830 553 5764 DANIEL J. KRAMER _.. - - - - - - - - (�003/006 comment on any future development, or improvements. These future developments may include,but not limited to: Athletic Fields for Soccer, Softball,Baseball, and Football; Tennis Courts; shared Gymnasiums or field houses; Indoor Pools; Playgrounds; multipurpose fields;maintenance garage and storage areas; concession stands; or other identified amenities which are mutually agreed upon. 2. SCHOOL POLICE OFFICER. a. As established by this agreement the parties have waived the exchange of dollars for compensation of said arrangement for use of one Police Officer at the Yorkville High School during the school year and regular school hours. b. The parties understand and agree that any other police services are not covered by this Agreement unless mutually agreed upon between the parties. 3. USE OF CITY FACILITIES BY THE SCHOOL DISTRICT. The City agrees to permit the School District to utilize designated parks and City owned facilities for organized school sponsored programs, gym class activities, and other activities that are identified for education purposes at no cost during mutually arranged and agreed upon hours and days. 4. USE OF THE SCHOOL FACILITIES BY THE CITY. a. The School District agrees to permit the Parks and Recreation Department of the City("Parks &Rec. Dept.")to utilize School District facilities, as designated by the Board of Education of the School District, for Parks &Rec. Dept. sponsored activities during non-school hours when the facilities are not required for educational purposes or extracurricular purposes by the School District at no cost. The Parks & Rec. Dept. will have the first right of use of School District facilities as a result of this agreement. The Parks &Rec. Dept. personnel and program participants shall be entitled to reasonable modes of ingress and egress into and from the facilities, and use of the School District's parking facilities during those times when the Parks& Rec. Dept. utilizes School District facilities. b. For purposes of this Agreement,"non-school hours" shall be defined as follows: 1. Weekdays—Monday through Friday, 3:15 p.m. — 10:00 p.m. throughout the school term. 2. Weekends—Saturdays and Sundays, 8:00 a.m.— 8:00 p.m. throughout the school term. 3. At other times, such as summer recess, school holidays, other times as requested,which shall be subject to availability and approval by the Superintendent of the School District and/or designated staff 2 07/21/2004 08: 04 FAX 630 553 5764 DANIEL J. KRAMER _ _ ... -. - - a 004/006 c. The City agrees that all students of the School District shall be considered residents of the City when registering for Parks&Rec. Dept. programs conducted solely or primarily at the facilities owned by the School District. 5. SCHEDULING USE OF FACILITIES AND GROUNDS. a. To facilitate the scheduling of the School and Parks &Rec. Dept. use of designated facilities and grounds by both parties representatives or staff of the School District and the Parks & Rec. Dept. will meet annually, or more frequently as may be needed, to develop a master scheduling calendar for the upcoming school year. This yearly scheduling shall be completed no later than July 15, for Parks & Rec. Dept. and School District programs and activities occurring during the first semester of the school year, and no later than November 1 for Parks& Rec. Dept. and School District programs and activities occurring during the second semester of the school year and through the end of June, and shall be incorporated into the School District's and Parks&Rec. Dept. Master Calendars for the upcoming fiscal/school year. Once the master schedule has been developed, it shall be the responsibility of each party to schedule their respective activities and events within the agreed upon timeframes. b. It is understood and agreed upon by the School District and City that there may be an occasion when either party may need to utilize the facilities in order to accommodate special use, as the need arises. However,the parties understand and agree that neither shall offer a program or activity which is not previously scheduled, without first obtaining the approval of the other. c. Therefore, upon a minimum of fourteen (14) days written notification by School Superintendent or Executive Director of Park and Recreation, either party may request a modification of the usage schedule set forth. By mutual agreement of the parties, the schedule set forth may be modified. if special circumstances make it impossible for either the School District or City to cancel or change the scheduled use, each party will provide best effort to find an alternative date. Under these circumstances,both parties hereto, agree that the scheduled event shall take priority over any attempted change. However, the parties understand and agree that neither shall offer any program or activity which is not previously scheduled,without first obtaining the approval of the other. Additionally, at those times when either the School District the Parks and Rec. Dept. has the scheduled use of the facilities for a particular activity but elects not to use the facilities for that activity,nothing herein shall preclude the other party's use of the facilities for a particular activity but elects not to use the facilities for that activity,nothing herein shall preclude the other party's use of he facilities upon written request to the other party for such use and receipt of written clearance for such use form the other party. d. The Governing Bodies of each public entity,namely the City Council for the United City of Yorkville, and the Board of Education of the Yorkville Community Unit School District No. 115 reserve the right to act as the final authority in determining the use of the their respected facilities and services when either body deems the action to be in the best interest of the respective public entity. 3 07/21/2004 06: 04 FAX 630 553 5764 DANIEL J. KRAMER -_. - - - - - -... _ _ -.- .. _. - - - - IA005/008 6. OPERATIONAL COSTS. a. The School District and City agree neither party will exchange dollars or compensation for use of the facilities, grounds or Police Officer Services, as described herein. It will be the responsibility of each party utilizing the other's property and facilities to return the condition of the facility or property to the same state it was found, b. The School District and the Parks and Rec, Dept. will provide respected staff with a key to the designated facility,building or area to allow access without the need of having additional personnel present. Each party hereto, will be responsible for securing the facility, building or area upon leaving. 7. PERIODIC REVIEW OF AGREEMENT. a. The School District and the City recognize and understand that this Agreement provides for the optimum use of the physical facilities being provided by the taxpayers of each entity. It is therefore recognized by both the School District and the City that there will be a need from time to time, for periodic review and modification of the schedule set forth after formal adoption and execution of this Agreement. Such reviews shall take place as needed, at the request of either the School District or the City. b. The parties agree that this Agreement shall be in full force and effect for a period of three(3) years. This Agreement maybe reviewed by the parties annually at which time any Agreement shall be extended for an additional three (3) year period. Notwithstanding the foregoing provision, six(6) months prior to the anniversary date of this agreement,the City and School District ad hoc committee will meet to evaluate operational expenses incurred by each body and to evaluate the shared margin. The goal established by this agreement is that neither party incur a financial burden, and have an expense gap not to exceed 20%either way. c. At the conclusion of a period of three (3) years from the date indicated at the signing of this agreement, both parties will evaluate this agreement in its entirety for philosophical, and overall benefits for both parties. If the agreement is not renewed at the conclusion of the three year period, the use period will expire at the end of the active program season. 8. HOLDHARMLESS AND INDEMNIFICATION. The City shall indemnify and hold the School District harmless and the School District shall indemnify hold the City harmless for any and all claims and causes of action that arise during the course of facility sharing and joint planning and joint development of future public buildings and amenities. 4 07/21/2004 08:04 FAX 630 553 5764 DANIELJ. KRAMER a006/006 9. INTEGRATION OF ALL TERMS INTO AGREEMENT, This Agreement contains all of the terms, conditions and agreements between the parties hereto and no amendments, additions or changes hereto shall be valid unless attached hereto in writing and signed by the City and the School District. IN WITNESS WHEREOF, the parties hereto have, the day and year first above written, signed and executed this Agreement by virtue of authority given and granted by the respective corporate authorities of the parties hereto. THE UNITED CITY OF YORKVILLE By: Mayor,United CITY of Yorkville Attest: United CITY of Yorkville, City Clerk YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT#115 By: President Attest: Secretary 5 MINUTES OF IH1,REGULAR MEETING OF THE CITY COUNCIL OF DRAFT THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS. HELD IN THE CITY COUNCIL CHAMBERS,800 GAME FARM ROAD ON TUESDAY,JULY 13,2004. Mayor Prochaska 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 James Present Sticka Absent Ward II Burd Present Kot Present Ward III Ohare Present Munns Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski,City Treasurer Powell,Administrator Graff,City Attorney Kelly Kramer,Police Lieutenant Schwartzkopf,Police Chief Martin,Director of Public Works Dhuse,Finance Director Pleckham and Executive Director of Parks&Recreation Brown. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska welcomed guests and asked those present to enter their name on the attendance sheet provided. AMENDMENTS TO THE AGENDA A motion was made by Alderwoman Ohare to remove Item 17,Records Disposal Service—Shred- co Contract,from the Consent Agenda and table it to the next City Council meeting;so moved by Alderman Kot. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye Alderwoman Spears asked that Item 410,Resolution of Authorization for OSLAD Grant Application for Kylyn's and Cannonball Park Development,be removed from the Consent Agenda and placed on the regular agenda under the Administration Committee Report. Attorney Kramer entertained a motion to remove Item#1 under the Economic Development Committee Report,Marathon Petroleum—Setback Variances for 504 S.Bridge Street,from the agenda and table it until the next City Council meeting. The petitioner will be submitting a revised site and landscaping plan. So moved by Alderwoman Ohare;seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye COMMITTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,July 26,2004 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Wednesday,July 21,2004 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,August 12,2004 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M.,Thursday,July 22,2004 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee 6:30 P.M.,Thursday,July 29,2004 The Minutes of the Regular Meeting of the City Council—July 13,2004-page 2 City of Yorkville Conference Room 800 Game Farm Road PUBLIC HEARINGS None. CITIZEN COMMENTS Lois Seaton,3123 Bristol Ridge Road,addressed the Council and read her letter dated July 12, 2004 to the Council regarding the medians being constructed on Bristol Ridge Road.See attached. PRESENTATIONS None. CONSENT AGENDA I. Police Reports for May 2004 2. In-Town Road Program—Additional Services-authorize additional services from Smith Engineering Consultants,Inc.in an amount not to exceed$1,960.00 3. Kylyn's Ridge Unit 1—LOC Reduction 42—reduce the letter of credit by$87,263.44 4. Kylyn's Ridge Unit 2—LOC Reduction 41—reduce the letter of credit from Earthwork by$80,065.24 andfrom Onsite Work by$715,061.20. 5. Heartland Circle—LOC Reduction#1-reduce the letter of credit by$3,323,491.63 6. 2004 joint&Crack Filling—Results of Bid Opening—award contract to SKC Construction,Inc.in an amount not to exceed$23,082.67 7. Resolution 2004-21 -Granting School District's Request for Exemption from Water Conservation Regulations 8. Building Permit Reports for April 2004 9. River's Edge Park—Bid Approval—award contract to George's Landscaping for general construction in an amount not to exceed$80,513.00 and for total construction costs not to exceed$131,616.22 10. Faxon Road Extension—Whispering Meadows to Route 47-Engineering Enterprises, Inc.Engineering Agreement-authorize the Mayor and City Clerk to execute IDOT agreement for MFT funds for preliminary construction engineering services to be completed by EngineeringEnterprises,Inc.in an amount not to exceed$45,500.00 11. Cannonball Trail Roadway Improvements—Result of Bid Opening&Funding Options—award contract to Aurora Blacktop in an amount not to exceed $164,846.39. $102,000.00 to come from the General Fund and$62,846.39 from fund balance 12. Raymond Storm Water Outfall-Engineering Enterprises,Inc.engineering agreement —award preliminary design services to Engineering Enterprises,Inc. (EEI)in an amount not to exceed$14,490.00 and authorize the Mayor and City Clerk to execute with a notice to proceed. Authorize final design and construction services in an amount not to exceed$108,685.00 with a notice to proceed,subject to receiving developer funds. 13. Kennedy Road Reconstruction—Theidel Property-Engineering Enterprises,Inc. (EEI)agreement-authorize the Mayor and City Clerk to execute IDOT Agreement in an amount not to exceed$87,098.00 subject to receiving developer funds 14. Emergency Generator—authorize purchase from Patten Power Systems in an amount not to exceed$50,292.40 to be paid from fund balance 15. Request Purchase of Budgeted Vehicle—request to purchase from Miles Chevrolet a 2004 Impala Squad Car in an amount not to exceed$18,224.00 Mayor Prochaska entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Kot;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,James-aye,Kot-aye,Munns-aye,Spears-aye,Ohare-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council meetings from June 22,2004 and May 25,2004;seconded by Alderwoman Ohare. Motion approved by a viva voce vote. The Minutes of the Regular Meeting of the City Council—July 13,2004-page 3 A motion was made by Alderman James to approve the minutes of the Committee of the Whole meetings from May 18,2004 and November 2,2003;seconded by Alderman Sticka. Mayor Prochaska asked if the minute taker was catching up on the old Committee of the Whole minutes and Clerk Milschewski indicated that the minute taker was trying to catch up. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated July 2,2004 totaling the following amounts: checks in the amount of $1.040,690.34(vendor);$277,463.63(payroll period ending 6/12/04&6/26/04)for a total of $1,318,153.97;seconded by Alderwoman Ohare. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye REPORTS MAYOR'S REPORT Appointment of Tammie Smock to Park Board Mayor Prochaska reported that he has selected Tammie Smock to replace Park Board member Dave Cathey and her term will go to April 30,2008. He entertained a motion to ratify the appointment of Tammie Smock to the Park Board.So moved by Alderman Kot;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-0 Ohare-aye,Spears-aye,Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye Swearing-In of Part-time Patrol Officer Scott Carter Mayor Prochaska and Police Lieutenant Don Schwartzkopf swore in Scott Carter as the new part- time patrol officer and welcomed him to the Yorkville Police Department. Certificates of Recognition to Officer Pleckham Mayor Prochaska reported that due to circumstances beyond his control,Officer Pleckham is not able to attend the City Council meeting and it is not known when he will be able to. Mayor Prochaska stated that he wanted Officer Pleckham to receive his recognition. He presented Officer Pleckham with a Certificate of Appreciation and Recognition of Exemplary DUI Enforcement from the Alliance Against Intoxicated Motorist(AAIM). Mayor Prochaska read a letter from the Executive Director of AAIM acknowledging Officer Pleckham's outstanding DUI enforcement. He presented the certificate to Lieutenant Schwartzkopf who will deliver it to Officer Pleckham. Yorkville-Bristol Sanitary District—Request for River Road Street Improvement Mayor Prochaska reported that on each Council member's desk was information regarding an offer from the Yorkville-Bristol Sanitary District(YBSD)to repair River Road in front of their facility. Mayor Prochaska entertained a motion to approve the request by the Yorkville-Bristol Sanitary District for the improvement and overlay of River Road as presented. So moved by Alderman Kot;seconded by Alderman Besco. Mayor Prochaska thanked the YBSD for offering to repair the road. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,James-aye,Kot-aye,Mumps-aye,Ohare-aye,Spears-aye,Besco-aye Coffee with the Mayor Mayor Prochaska reported that the next Coffee with the Mayor will be held on Saturday,July 17, 2004 at Sunfield Restaurant on Route 47 from 9:00 to 11:00 A.M. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. The Minutes of the Regular Meeting of the City Council—July 13,2004-nage 4 CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that the work on the cell tower,located on the water tower,was progressing. CHIEF OF POLICE REPORT No report. EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT Director Brown,on behalf of the Public Works and Parks Departments,thanked the Bristol- Kendall Fire District for their great work on the Fourth of July festivities including the clean-up and maintenance of the Town Square Park. COMMUNITY&LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT CJ Insulation Easement for Watermain A motion was made by Alderman Besco to accept dedication of a Grant of Easement for waternain to the United City of Yorkville from C.J.Insulation as recommended by the City Engineer;seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye Hydraulic Avenue Interceptor—Results of Bid Opening A motion was made by Alderman Besco to reject all bids for the Hydraulic Sanitary sewer Interceptor Project and to authorize Walter E.Deuchler to re-bid the project;seconded by Alderman Kot. Mayor Prochaska noted that all the bids received where higher than the engineer's estimate. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2004-38 Yorkville Hill Landscaping Authorizing the Execution of the Annexation Agreement A motion was made by Alderwoman Burd to approve the Annexation and Planned Unit Development Agreement for Yorkville Hill Landscaping with B-3 Service Business Zoning Use and to authorize the Mayor and City Clerk to execute the PUD Agreement;seconded by Alderman James. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye,Ohare-aye,Spears-aye,Besco-aye, Burd-aye,James-aye,Kot-aye,Prochaska-aye Ordinance 2004-39 Yorkville Hill Landscaping-Annexing Properties A motion was made by Alderwoman Burd to approve an Ordinance annexing properties to the United City of Yorkville,Kendall County,Illinois known as Yorkville Hill Landscaping; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-7 Nays-0 Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Besco-aye,Burd-aye,James-aye Ordinance 2004-40 Bailey Meadows Authorizing the Execution of the Annexation Agreement A motion was made by Alderwoman Burd to approve the Annexation Agreement between the United City of Yorkville and IRED Baseline,L.L.C.,an Illinois Limited Liability Company with The Minutes of the Regular Meeting of the City Council—July 13,2004—page 5 R-2 General Residence District,R-3 General Residence District and B-3 Service Business District zoning use and authorize the Mayor and City Clerk to execute the agreement subject to staff and legal final review;seconded by Alderman Munns. Alderman Kot noted that the table of contents was incorrect. He also asked if language was added to the agreement regarding architectural standards. Administrator Graff stated that this is not a PUD however if an architectural standards ordinance is passed,it will apply. Alderwoman Spears asked if Anna Kurtzman had reviewed the document and Attorney Kramer stated that she did review the document and had a few comments of"clean-up"items which have been addressed. She stated that is the reason that the document will be executed after staff and legal review. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,James-aye,Kot-aye,Munns-aye, Ohare-aye,Spears-aye,Besco-aye,Prochaska-aye Ordinance 2004-41 Bailey Meadows-Annexing Properties A motion was made by Alderwoman Burd to approve an ordinance annexing properties to and zoning real property pursuant to Annexation Agreement to the United City of Yorkville,Kendall County,Illinois known as Bailey Meadows Subdivision;seconded by Alderwoman Ohare. Motion approved by a roll call vote. Ayes-7 Nays-0 James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Besco-aye,Burd-aye PUBLIC SAFETY COMMITTEE REPORT Hiring Replacement Police Officer A motion was made by Alderman Kot to approve the hiring of a full time police officer as a replacement for Officer Patricia Cernekee;seconded by Alderman James. Motion approved by a roll call vote. Ayes-7 Nays-0 Ohare-aye,Spears-aye,Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye ADMINISTRATION COMMITTEE REPORT Ordinance 2004-42 Authorizing and Providing for the Issue of Debt Certificates for In-Town Road Program A motion was made by Alderman James to approve an ordinance authorizing and providing for an Installment Purchase Agreement for the purpose of paying a part of the cost of making street and road improvements within the City and authorizing and providing for the issue of $650,000.00 Debt Certificate,Series 2004C,evidencing the rights to payment under such Agreement,prescribing the details of the Agreement and Certificates and providing for the security for and means of payment under the Agreement of the Certificate and authorize the Mayor and City Clerk to execute all documents upon final legal review;seconded by Alderwoman Ohare. Alderman Kot commented that this is part of the long overdue replacement of streets in the older sections of the City. He indicated that this is the first phase of the project. Alderman James noted that Barbara Chevalier with Speer Financial was available to answer any questions. Ms.Chevalier indicated that the approval was for Limited Obligation Bonds. She explained that two bids were received earlier in the day for the bonds and the lowest bidder was Bernardi Securities of Chicago with a net interest rate of 4.6677%. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye Resolution 2004-22 Authorizing OSLAD Grant Application A motion was made by Alderman James to approve a Resolution of Authorization for OSLAD Grant Application for Kylyn's and Cannonball Park development and to authorize the Mayor and City Clerk to execute the resolution;seconded by Alderman Kot. Alderwoman Spears commented that the City's name is incorrect on the grant application and asked that this be corrected. Attorney Kramer indicated that the resolution should be executed subject to the corrections. The Minutes of the Regular Meeting of the City Council—July 13,2004-page 6 Alderman Kot withdrew his second. A motion was made by Alderman James to approve a Resolution of Authorization for OSLAD Grant Application for Kylyn's and Cannonball Park development and to authorize the Mayor and City Clerk to execute the resolution with the said correction;seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-7 Nays-0 James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Besco-aye,Burd-aye ADDITIONAL BUSINESS Mayor Prochaska reported that he asked Administrator Graff to contact the Village of Montgomery and arrange a meeting between the two mayors and their City Administrators. There are several issues to be discussed such as a boundary agreement and the USGS Blackberry Creek Study. He stated that recently a few developers have come to talk to Yorkville who have already approached Montgomery. The developers were told that Yorkville would not entertain their offers while they were still involved with Montgomery. Mayor Prochaska stated that he would bring the findings of the meeting back to the Council. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into Executive Session for the purpose of discussing: 1. The purchase or lease of real property for the use of the public body. 2. 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. He asked that City Clerk Milschewski,City Treasurer Powell,Administrator Graff and City Attorney Kelly Kramer be included in both sessions and Director Brown included in the first. Motion approved by a roll call vote. Ayes-7 Nays-0 Ohare-aye,Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye,Spears-aye Mayor Prochaska noted that no action would be taken. The Council took a break and entered into Executive Session at 7:40 P.M. The Council returned to regular session at 8:46 P.M. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Kot;seconded by Alderwoman Ohare. Motion approved by a viva voce vote. Meeting adjourned at 8:47 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois Page 1 of 8 UNITED CITY OF YORKVILLE DRAFT COMMITTEE OF THE WHOLE TUESDAY,JANUARY 20,2004 7:00 P.M. MEMBERS PRESENT: Mayor Art Prochaska Alderman Joe Besco Alderwoman Val Burd Alderman Larry Kot Alderwoman Rose Spears Alderman Rich Sticka Alderman Marty Munns Alderwoman Wanda Ohare Alderman Paul James CITY STAFF PRESENT: City Administrator Anton Graff City Treasurer Bill Powell City Attorney Dan Kramer Police Chief Harold Martin Finance Director Traci Pleckham Executive Director of Yorkville Economic Development Commission Lynn Dubajic Public Works Director Eric Dhuse Parks and Recreation Director Laura Brown GUESTS (as listed below and on attached sheet): Mike Rennels of Southwest Fox Valley Cable Consortium, Sugar Grove, Illinois Attorney Wade Joyner for Progress Holdings, Plano, Illinois Jason Bauer of Engineering Enterprises, Inc., Sugar Grove, Illinois Ronald Naylor of Engineering Enterprises, Inc., Sugar Grove, Illinois Jeff Freeman of Engineering Enterprises, Inc., Sugar Grove, Illinois Charles Kraupner, Yorkville Resident Dr. Peter LoDestro, Yorkville Resident Mitch LaFave, Ocean Atlantic, St. Charles, Illinois Victor Filippini of Holland and Knight, Chicago, Illinois Attorney Sanford Stein of GCD, Chicago, Illinois Attorney Robert Smith of Seyfarth and Shaw, Chicago, Illinois This meeting was called to order at 7:05 p.m. PRESENTATIONS Grande Reserve Perimeter Roads by Engineering Enterprises Jeff Freeman advised the Committee that Ron Naylor, senior project manager and John Page 2 of 8 Whitehouse of Engineering Enterprises have begun the design of this project in order to move forward with the Bristol Ridge Road to the first of the four phases. Mr. Naylor presented a set of plans to the Committee, which he states, is about 90% completed. He stated that Jason Bauer, also present at this meeting,was the key person who did the majority of the designs. He stated that to date, his company is on target with the dates of the proposed schedule. They foresee this going out to bid on March 17, 2004, with the project completion date of September 30, 2004, as per the City's annexation agreement with MPI. Mr. Naylor stated that in December, he and his staff met with the Public Works Department to iron out issues with respect to the overall design of Bristol Ridge Road. It was his understanding that the City wanted to maintain the rural concept of this proposed open road, which means that they asked that this road not have any curves or gutters. He believes that his design meets this criteria. They requested two-foot paved shoulders on either side of this road, with two-, four- or six-foot aggregate shoulders adjacent to the paved shoulders throughout its length. Public Works Committee members asked that they keep the narrower shoulders down through the existing residential areas. As the road passes the residential area, it will have wider aggregate areas with open ditches. Mr. Bauer indicated that these ditches will run along the entire length of Bristol Ridge Road, starting at Route 34 and ending at Blackberry Creek. As per the Public Work's recommendation, sidewalks will line the road along the east side of Bristol Ridge Road up to the new road coming out of the MPI development, opposite Sunset Avenue, which will interconnect with the bike pathway, also part of MPI's development. Another item discussed at the Public Works meeting was the need for landscaping some of the medians, as well as the landscaping of trees along the shoulders of the public right- of-way of the road, at the North end, but only on the East side of the development, opposite the existing residential area. Minimal lighting along the medians was proposed as well. Mr. Naylor further stated that questions arose in the Public Works meeting with respect to accommodating the growth along the proposed three-lane road. He stated that a re- evaluation has been done to accommodate the expected increase in traffic. They determined that there will be 12,000-13,000 vehicles on Kennedy Road, and along the North end of Kennedy, approximately 15,000 vehicles. Along Bristol Ridge Road,they foresee 8,000-9,000 vehicles traveling this road. He believes that the area of the road that has only two lanes will still be large enough to accommodate the projected traffic. It was recommended to add a left-hand turn lane to Oaklawn Avenue, so as not to impede traffic. A similar right-hand turn land will be placed on Kennedy. This will be a thru lane. Mr. Bauer stated that in order to not impact current residents; all additional pavements will be on the East side, or what he referred to as, "the MPI side", so as not to change the boundaries of the ditch line. Page 3 of 8 Mr. Bauer believes that the goal of keeping this roadway as a rural one was achieved by the easily maintained shrubbed landscaping within the medians and parkway trees. Mr. Bauer further stated that the key issue while this project is underway is to work each phase in such a way as to allow residents along the roadway complete access. Mr. Bauer stated that currently they are under their preliminary estimate. He foresees the final plans to be ready by the week of February 9, 2004. By consensus of this Committee's members, this will precede to placement of the Advertisement for Bid in the paper by February 18, 2004, after Engineering Enterprises'proposed project schedule was approved. The Mayor reminded the members that MPI's dollars is financing this project, as previously agreed. Final approval of the plat is expected to take place at the March Planning Commission Meeting. Waubansee Courses by Mike Rennels of Cable Consortium Mr. Mike Rennels, the public manager of access programming at Waubansee Community College, stated that he is offering video production and equipment classes that are expected to begin in February and April, on four consecutive Saturdays. This is a non- credit course offered at Waubansee, which offers a certification in access production. He stated it is mandatory to attend these classes that teaches the operation and handling of video equipment that can be checked out for use from their video library. He stated that his public access station could be utilized for placing on the Community Bulletin Board, the press releases and public notices one would normally see in the newspaper. Yorkville events and fundraisers could also be broadcasted. He stated that he also oversees the studio facilities at Waubansee Community College. The name of the group who produce the public access programming is the Southwest Fox Valley Cable Consortium. North Aurora, Oswego, Plano, Sandwich and Waubansee Community College are all current members of this consortium. The Mayor recommended putting together ideas for future programs as well as determine who will be selected to attend this training offered by Mr. Rennels for the ability to check out the video equipment. **See discussion regarding job description of the proposed Community Relations Manager below, under the Adhoc Tourism Committee. MAYOR ZBA 2003-06 LoDestro - Sign Variance - ZBA 1/8/04 This comes to this Committee as a recommendation from the Zoning Board of Appeals from a 5-0 vote, to approve the request by Dr. LoDestro for a sign variance. Dr. LoDestro stated he wishes to place in front of his office, a sign that would stand higher than the 6-ft. maximum size allowed by the ordinance. He anticipates with the widening of Route 47 and increased traffic the current sign may be obscured from passerbys. The sign, he stated, will fit with the architecture of the building. Page 4 of 8 In identifying the hardship that might be caused by varying the ordinance, Alderman Joe Besco reviewed the stats on the deviation of the grade. It is the opinion of the City attorney that they met the requirements for proving the hardship that this would cause if the variance was not granted. The concern of the zoning board was this sign's height in comparison with the depth of the land. They suspect that the grade may possibly be less than the road. Dr. LoDestro stated that the grade is in fact less than the road, and further, he checked with IDOT who verified that the road will be raised (the depth will be increased)during reconstruction. The Mayor recommended to the Committee that in the near future, they look into modifying the ordinance, which could allow the height of the sign to be determined relevant to the depth of the land. He intends to review this ordinance. He agreed to place this on Consent Agenda for the next City Council meeting, due to the fact that the grade is actually less than the road, which meets the criteria for approval. There were no objections by members present. ZBA 2003-07 Schipper- Setback Variances - ZBA 1/8/04 This setback variance involves the property in a subdivision located at 419 Park Street, which is zoned R-1, instead of R-2. It is a possibility that the entire area needs to be rezoned. City Attorney Dan Kramer stated he will check to see if this was just a typographical error. The Mayor stated that due to this unusual R-1 zoning, any addition to property would require a variance. The purpose for the proposed addition to this property is to allow for a handicapped-accessible room. The R-1 zoning requires a 40-ft. front yard setback and 50-ft. rear yard setback. The shed is an accessory building, which is allowed to exceed the lot line, since it is not subject to the provisions of this ordinance. The Mayor stated that he would have no problem granting this variance. He and the Council members have recommended moving this to Consent Agenda. Goal Setting- COW 1/6/04 This Goal Setting Session is scheduled for February 7, 2004 from noon to four. The goal is to establish the basic goals in two hours and then go into Executive Session for the remaining two hours to do the administrative staff reviews. Community Relations Manager Job Description -Adhoc Tourism 1/12/04 Alderwoman Burd reviewed with the Committee the draft of the job description. It was decided in the Adhoc Tourism Committee that this person would report directly to the Mayor and serve, in essence as "an ambassador for the City". They agreed on salary, and based it upon the wide variety of duties, many of which were described by Alderwoman Burd. They included overseeing and approving what gets placed on the proposed cable programming, as well as being responsible for all press releases. This person would be the contact person for all newspapers and agree to participate in interviews conducted by the press, to be able serve as the Mayor's spokesperson and the City's liaison for community events. They would help facilitate City-organized events with the overseeing of contracts that may be required for the event to take place. They Page 5 of 8 would also work with other community organizations with the goal of promoting the City. The person selected for this position would need to possess excellent written and verbal communication skills. The Mayor added that he would like to see this person oversee the website, as he sees this as an immediate need. Currently, various staff members are maintaining this website which takes away from their own duties. With respect to educational requirements,the Adhoc Committee agreed to that this person should possess a Bachelor's degree, or a minimum of 3 years of experience. There was discussion with respect to the salary range. The Mayor recommended working the proposed salary into the new budget. The Committee agreed to move forward by putting this on C.O.W.'s agenda for the following week. It will contain the discussed changes. It is of note that the Adhoc Tourism Committee has been abolished. ECONOMIC DEVELOPMENT COMMITTEE Progress Holding PUD Agreement-EDC 1/15/04 Attorney Wade Joyner stated that he met with the Economic Development Committee regarding the Progress Holdings project that took place at the corner of Routes 34 and 47. Specifically discussed were the landscaping setbacks that exceed the set requirements. He has able to show that IDOT's plans for expansion of Routes 47 and 34, will incorporate a 15-foot buffer. The City currently meets the requirements of the ordinance. The PUD Agreement is requesting access to property by changing the bank's drive- through to the back versus the front facing Routes 34. The Mayor recommends placing this PUD Agreement onto City Council's Agenda for vote. Bristol Club PUD Amendment Administrator Graff stated that the Client for the Bristol Club had an emergency requiring them to leave for out of town, thus it was recommended to move this to the C.O.W. of February 17, 2004. Yorkville Hill Landscaping PUD Agreement- COW 1/6/04 Attorney Dan Kramer requested that this get moved to the next C.O.W. of February 3, 2004, since Attorney Kelly Kramer is still discussing issues with the Petitioner's attorney. Westbury Annexation Agreement Attorney Kramer stated that there was a staff meeting in which the Petitioner was present, to discuss formatting this Agreement. The Agreement was rewritten, with various provisions changed. It was requested by the Petitioner to have the amended preliminary plat reviewed at the Plan Commission, and have this ready for vote by the City Council along with the Annexation and PUD Agreements. Administrator Graff stated that page 6 of the Annexation Agreement was reworded and several other issues remain open for discussion, such as the Rob Roy Creek Interceptor and the flood plain issue. Due to these outstanding issues, this would qualify only as a Concept PUD at this time. Currently, Administrator Graff and Attorney Kramer is Page 6 of 8 working on solidifying the finance plan with the Developer. Attorney Kramer stated that in order to qualify for zoning entitlement, the language needs to be added to the paragraph contained on page 6. It was recommended by the Mayor to have this brought back to the next C.O.W. of February 3, 2004, to present a final draft with properly dated Exhibits for approval of a clean plat to be voted on by City Council on February 10, 2004. PARK BOARD There was no report available at the time of this meeting. PUBLIC WORKS COMMITTEE Medians and Islands in City R.O.W. Attorney Kramer stated that he still needs to resolve some outstanding issues with this. He believes that the medians should stay as public right-of-ways for some of the reasons John Whitehouse stated. Mr. Whitehouse also presented the argument that there was no allowance made for the margin of error that can take place on the part of the Surveyor. Attorney Kramer believes that a middle ground can be arrived at between the parties. He stated that the maintenance of the islands and medians are in fact the responsibility of the homeowners who enjoy it, even if they do not own it. It was agreed to have this issue returned to the next C.O.W. meeting due to the conflicting issues Attorney Kramer needs to resolve. PUBLIC SAFETY COMMITTEE Traffic Stop Statistical Study per Illinois Statutes 11-212 (Biased Based Policing) - PS 12/17/03 Alderman Kot stated that effective the first of the year, and as mandated by new Statute 11-212, State and local law enforcement agencies are now required to keep statistical information on citations and warnings that are written for a period of three years, to determine if any municipality is either intentionally or inadvertently participating in racial/gender profiling. Some of the information that is required to be collected is: 1) the type of violation; 2) the race and gender of the person cited; and, 3) the model of the vehicle they were operating. Chief Martin advised that the City is ready to maintain this statistical data, after the procedures for obtaining this infonuation and the Statute itself was reviewed by the City Attorney and Bob Smith's firm. Chief Martin has abided by this Statute and has presented the data he collected to date to IDOT for their initial analysis. He was found to be in compliance with the new Statute, and no unfavorable reports were received. Administrator Graff stated that a base analysis needs to be assessed after the data is collected to due to the fact that only 2% of minorities reside in Yorkville, and a different percentage of minorities may only travel through or come to Yorkville to work. For this reason, Chief Martin is working with the University of Illinois at Chicago for piloting the collection of the base data. Currently the Chief is looking into a purchasing a new software program for the purpose Page 7 of 8 of maintaining this required statistical data. The Mayor recommended adding this to City Council's Consent Agenda for January 27, 2004, for the purpose of adopting this new police department policy. ADMINISTRATION COMMITEE Detail Board Report(Bill List) Items on the bill list were reviewed and questions were raised by the Committee members, with Administrator Graff and Finance Director Traci Pleckham supplying answers to clarify those items listed. 2003 - 2004 Revised Budget- COW 1/6/04 This will be available for review at the next C.O.W. meeting of February 3, 2004. Quarterly Review of Grant Status Spreadsheet-Administration 1/8/04 This was presented for informational purposes only. It is the intention of the Committee to bring this back to Council for quarterly review. It was also recommended to have this Report returned to C.O.W. whenever an update on a grant occurs. Final Review of Updated Vehicle Policy -Administration 1/8/04 This has been tabled until Attorney Daniel Kramer has had a chance to review this. Employee Manual - COW 1/13/04 Robert Smith of the law firm of Seyfarth and Shaw was present for this meeting to discuss the various questions previously raised by the C.O.W. committee members: • Who can request drug testing? • The right to privacy for those employees who take prescription medication • Employee hiring and firing policies • Procedures for performance reviews of department heads • Is an Executive Session the correct forum for addressing problems with employees? • Workplace searches • Workplace violence policy • Whether seniority and benefits are retained for those who take a leave of absence • Termination procedures (Attorney Smith to compose the verbiage to add to the Employee Manual) • Comp time • Probationary Period • Approval for Education/Training, specifically with respect to training or education not being job-related. • Employees' responsibility to notify the City of their change in address The Employee Manual will return to the C.O.W. meeting of February 3, 2004, with revisions as discussed. Page 8 of 8 ADDITIONAL BUSINESS There were no items brought up for additional business. This meeting adjourned at 10:45 p.m. Respectfully submitted by Gail-Marie Denton Note: Tape#2 malfunctioned Page 1 of 9 UNITED CITY OF YORKVILLE DRAFT COMMITTEE OF THE WHOLE CITY HALL CONFERENCE ROOM MAY 4,2004 7:00 P.M. ELECTED OFFICIALS PRESENT: Mayor Art Prochaska Alderman Larry Kot Alderman Joe Besco Alderman Marty Munns Alderwoman Valerie Burd Alderwoman Wanda Ohare Alderman Paul James Alderwoman Rose Spears Alderman Richard Sticka City Treasurer Bill Powell City Clerk Jackie Milschewski CITY STAFF PRESENT: City Administrator Tony Graff City Attorney Dan Kramer Police Chief Harold Martin Public Works Director Eric Dhuse Finance Director Traci Pleckham Director of Parks &Recreation Laura Brown GUESTS: See attached list. PRESENTATION None. DETAILED BOARD REPORT—BILL LIST Finance Director Traci Pleckham reported that there were two amendments to the bill list. The first was on page 5;the entry for Automotive Specialties should read Landmark Automotive. The amount is correct. The other adjustment is on page 11; the entry for Logomax had been entered twice due to receiving two invoices from the company. Mrs. Pleckham stated that due to this the bill list would be reduced by $153.00 for a new total of$570,121.98. The Council discussed checks and balances to the bill list to avoid duplicate payments and more detailed descriptions on the bill list. This item was placed on the May 11, 2004 City Council meeting regular agenda. ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA 1. Police Reports for March 2004 2. 307 &309 Mulhern Court—Plat of Easement 3. Bruell Street Pump Station Change Order#1 4. Bruell Street Forcemain& Sanitary Sewers Change Order#1 5. Raintree Village—ComEd Easements 6. 2004 Crack Filling MFT Appropriation Resolution 7. Bristol Ridge Road Reconstruction Bid Results—Recommendation to award bid to Aurora Blacktop in the amount of$1,435,017,08 8. Water Department Report for February 2004 Page 2 of 9 9. Route 47 Watermain Bid Results—recommendation to award bid to Neslund& Associates in the amount of$737,021.15 Mayor Prochaska asked the Council if they had any question or comments on the consent agenda items. There were none. The Consent Agenda items were placed on the May 11,2004 City Council meeting agenda. MAYOR Ethics Ordinance Mayor Prochaska reported that this Ordinance is based on the one adopted by the State of Illinois and recommended by the Illinois Municipal League(IML). Attorney Kramer reported that he spoke with Alderwoman Spears who noted that there was a section of the ordinance regarding"compensated time"that appeared to be taken out of an employee manual. Attorney Kramer stated that he felt that the definition didn't belong in the ordinance because it is addressed by the City's Employee Manual. Administrator Graff stated that he attended meetings regarding this Ordinance and he disagreed with Attorney Kramer. Mr. Graff stated that the ordinance is identifying the definition so all loose ends are covered. Mayor Prochaska stated that he also thought the ordinance was defining compensated time because it is referred to in the text. There was some discussion regarding language referring to the City's Employee Manual. Attorney Kramer stated that he would check with the IML regarding the language of the ordinance and make revisions. The revised ordinance was placed on the City Council meeting regular agenda. Pollution Control Ordinance Mayor Prochaska reported that this ordinance addresses the sitings of pollution control facilities in the United City of Yorkville. Attorney Kramer stated that he went through the revised draft from Attorney John Watson of Gardner Carton &Douglas LLP. He stated that Attorney Watson did a good job of incorporating the requested changes and he explained that this ordinance does not authorize any sitings but establishes a procedure. Mayor Prochaska noted that one of the changes was with the application fee. Originally the fee was $25,000.00 but it has been increased to $100,000.00. The increase was suggested so that only serious and qualified people apply for a pollution control facility. Attorney Kramer also noted that siting proceedings go before a professional hearing officer and this is costly. Alderman Sticka asked if any other ordinances are needed to address this and Mayor Prochaska explained that the City needs to develop a model siting agreement. The specifics of an agreement for a pollution control facility would be based on the location and type of facility. Administrator Graff wanted the Council to be aware that once a facility is sited, the City has 180 day window to render an opinion and that the staff will have a lot of work to do in that period. He suggested that a team to handle this should be established so that they are ready if someone comes in for a siting. The team's time is paid for through the fees required by the ordinance. He asked what Committee should approve the consultants and Mayor Prochaska recommended the Page 3 of 9 Economic Development Committee. Alderman Sticka, Chairman of the Economic Development Committee agreed. Attorney Kramer stated that a facility would also go before the Plan Council but not necessarily Planning Commission because it will have its own review board. Mr. Graff stated that the City has good contacts with Attorney Watson, environmental engineers, etc. Mayor Prochaska asked that at the May 18,2004 COW meeting Mr. Graff bring a suggested list of team members for the Council to review. This item was placed on the May 11, 2004 City Council meeting consent agenda. Kendall County's Request to Waive County Jail Permit Fees Mayor Prochaska reported that Kendall County has asked the City to reduce or waive the building permit,public work/water/sewer,engineering plan review and engineering administration fees. They have indicated that they will pay for the water meter(cost is determined on by the size of the meter) and the plan review($1014.00). The total amount of fees without anything being waived or reduced is $16,000.00. The Council discussed the request and felt that any expense the City incurs should be paid for by the County. Also discussed was the benefit of having the jail in the community. After some discussion, it was decided to charge the County$6022.00 for building permit fees ($50.00/building permit inspection as agreed to by ICCI), $1,014.00 for the plan review fee and the water meter cost(to be determined). The Engineering Plan Review ($1493.14)and Engineering Admin($2,090.40)fees would be waived. Mayor Prochaska gave direction to the staff to notify the County of the decision. ECONOMIC DEVELOPMENT COMMITTEE PC 2002-06 Westbury Village—Annexation Agreement and Preliminary Plan Administrator Graff stated the agreement is coming back to the Council because revisions have been done to several areas. Public safety, roadway, design standard, buffering and bike trail concerns were addressed. Attorney for the developer, Stanford Stein with Gardner, Carton& Douglas, stated that the changes requested by staff, Plan Council, Planning Commission and City Council have been adopted in the revised agreement. Attorney Stein, Brent Lewis with the Lannert Group and Mitch LaFave with Ocean Atlantic went over the changes made: o The entrance to Corneils Road was removed and moved to Westbury Blvd. o Cul-de-sacs were removed with the main road winding through Pod#7. o Emergency access roads were added however this still needs to be addressed with Illinois Department of Transportation. If IDOT does not approve, the developer has agreed to install a "13-R"fire protection system in the multi-family units. o Parking was added in Pods 5, 7, & 8. o The buffer was adjusted to 30' along Corneils Road. o The school and park site was modified. o There will be an entrance to Route 47 o The 50% of the front and side elevations of the single-family attached units will be brick. Alderman Ohare and Sticka commented that the plan looks better than when it started. Alderman James questioned the distance was between the multi-family units.He noted that he was looking at Pod#2 and#3, buildings"P"and"0". He expressed his concern that there are Page 4 of 9 twelve units with a possibility of twenty-four cars accessing them. Mr.Lewis stated that the distance is 60' with a 24' foot driveway. Each unit has a two-car garage, 4 parking spaces plus on-street parking. Alderman Besco asked if the Homeowner's Associations was contributing to the cost of snow removal. Mr. LaFave stated that the multi-family units such as the courtyard units would contribute 100%. He also pointed out the streets to be constructed and maintained by the HOA's of the particular pods. Attorney Kramer stated that a back-up Special Service Area(SSA)will be established in the event the HOA fails. Alderman James asked if the HOA would be used to maintain the bike trail and Executive Director of Parks &Recreation Laura Brown stated that the private trails will be maintained by the HOA but that the regional is dedicated to the City and will be the City's responsibility. Anna Kurtzman's April 30, 2004 memo was discussed. Attorney Stein indicated that the following items from the memo had been addressed: o The sidewalk along Galena Road will be shown on the commercial site plan. o Language was added indicating if there is any conflict between the approved plans and final engineering,the engineering standards will rule. o Language addressing improvements to Corneils Road such as traffic signal improvements was not in the agreement. The developer will be responsible to 1/4 of the cost however this is still under discussion with staff. Mr. Graff stated that if this development triggers signalization at this intersection,they will be required to build it and recapture 3/4's of the cost from the other corners. o Staff has requested that the language of the agreement indicate that the side-yard setback be set at 25' and any house constructed on theses lots (corner lots)have a three-car garage. This also should be noted on the final plat. o The PUD agreement reflects a 30' setback along Westbury Avenue. To be consistent, it was recommended to list this setback in the annexation agreement. o There are some locations in the agreement where cross references need to be noted. This will be addressed in the final draft. Mrs. Kurtzman's memo also contained two policy items to be addressed with the Council. The first item was that staff noted that the approval of preliminary engineering and subdivision plat is valid for one year and suggested that the agreement include language to extend this approval so that the developer has time to develop their final plans. This will also allow time for the extension of the sanitary sewer facilities. The agreement was written to provide a seven-year window however staff recommended a five-year window. Administrator Graff explained to the Council that the City's standard policy has been to allow a five-year period. A unique situation could warrant a longer period of time such as the eight years allowed in the Grande Reserve which has 1100 acres to develop. A shorter window forces a developer to buildout more quickly. Attorney Kramer explained that the seven-year window is a policy decision and he explained the logic to the seven-year period which would allow for the permitting, design and building of infrastructure of the sewer and interceptors. He noted that if all the utilities were available the downside to the longer period could be changes in technology or a future Council may not like the design of the subdivision when presented. However,without utilities being in placed,he did not see any negatives to the longer time period. Mr. Graff stated that the longer time period may also be better since the Illinois Department of Natural Resources (IDNR) has certified the flow rate for the Rob Roy Creek flood plain study Page 5 of 9 however there will still be another eighteen months to two years before the total certification is complete. The Council discussed the coverage area for the interceptor. After a brief discussion, it was the consensus of the Council to allow the seven-year time frame for the preliminary engineering and subdivision plats. The second item concerned the City's policy to request a road improvement contribution in the amount of$2,000.00/unit. The agreement assesses $2,000.00/single-family detached unit and $1,000.00/single-family attached unit. The developer asked for this because three of the four units will have private roads built and maintained by the developer. Also,the traffic impact of the development will be to Route 47 which is a state route and not maintained by the City. The Council discussed that the fee was designed to improve roads not just immediately adjacent to the development but also those in the general vicinity. Mayor Prochaska noted that even though some of the development will have private roads,the increase in population will place a burden on the remainder of the City streets and he stated that he was not sure he liked these fees being reduced. Attorney Kramer noted that the developers of Grande Reserve were asked to perform offsite improvements in exchange for the City receiving a check for the fees. There was a lengthy discussion regarding the reduction of the fees,private versus City streets, recaptures and road improvements. It was the consensus of the Council that the fee should not be lowered. Mayor Prochaska suggested the fee remain at$2,000.00/unit with no reduction for the single-family attached units. If the fee is lowered across the board in the future,this agreement can be revisited and the fees adjusted. Administrator Graff stated that the City passed a new Land Cash Ordinance the previous week and he asked Attorney Kramer how this affected the agreement. Attorney Kramer stated that since the application had been submitted before the increase, the old fee would apply. Attorney Kramer stated that he had some concern about the language in the agreement regarding funding mechanisms for the future expansion of the YBSD. He also stated that a follow up Intergovernmental Agreement will be needed with YBSD so that policy isn't changed. He stated that if the changes could be done tomorrow,the agreement could move on to the next City Council meeting. Alderman Kot asked if the weather warning sirens were addressed and Finance Director Traci Pleckham noted that the fee was reverenced on page 23 of the agreement. Alderman Kot expressed his concern that someone could come in and purchase several of the multi-family units and rent them. He asked Attorney Kramer if it was possible to include language in the agreement to prevent this. Attorney Kramer stated that there wasn't anything that could be written into the agreement however the Homeowner's Association could address this if they so desired. The Council further discussed the rental of the properties and housing regulations. This item will be placed on the May 11, 2004 City Council regular agenda if the updates of the agreement are received by Thursday, May 6, 2004. Resolution Amending the Facade Program Mayor Prochaska reported that Alderwoman Burd has been working on the resolution with the Facade Committee. They are looking at expanding the program to include the entire community. The Committee has recommended that all buildings constructed before 1940 (pre-World War II) Page 6 of 9 be included in the program. Priorities have been established with the downtown business district receiving first priority, second priority would be the area along the major thoroughfares and the third priority would be all remaining areas. Applications the program will still be reviewed by the Facade Committee. Alderman Kot asked who would determine if a building was being restored to its original architectural integrity. Mayor Prochaska indicated that this would be determined by the Facade Committee and the petitioner would have to provide information regarding the architecture. Alderman Kot asked that if he had a home that fit the criteria and he had it painted for over $1,000.00 could he submit the bill to the committee? Alderwoman Burd stated that is the way the resolution reads however this is not how the original resolution addressed this. Mayor Prochaska asked Attorney Kramer change the language to reflect the language of the old resolution. Alderwoman Spears questioned if the downtown buildings built after 1940 would qualify. Alderwoman Burd explained that the Façade Committee discussed and agreed upon this cut off date because buildings built after 1940 were not architecturally significant. Kathy Farren from the Record Newspaper, located on Bridge Street,was present and questioned how it would apply to her building which is only 1/4 original. Alderwoman Burd explained that as long as any renovation maintained or enhanced the pre-1940 style of the original building it would qualify. Alderman Sticka asked how much money is in the program. Alderwoman Burd stated that $20,000.00 is allocated to the program. Mayor Prochaska noted that currently there are two applicants. Attorney Kramer will revise the resolution and bring it back to the May 18, 2004 COW meeting. PARK BOARD No report. PUBLIC WORKS COMMITTEE Ordinance Banning Depositing of Snow in the Street Alderman Besco stated that an ordinance banning the depositing of snow in the streets has been requested by the Public Works Department. The fine for the offense is $50.00/occurrence. Administrator Graff noted that the ordinance address snow deposited on the streets from "residents"driveways and sidewalks. He asked if this applied to residential areas only or was it attended to apply citywide. Attorney Kramer stated that the ordinance should apply citywide and suggested removing the word"residents"from the first paragraph. The Council discussed enforcement of the ordinance and recommended to Chief Martin that a warning be given for the first offense. Attorney Kramer stated he would revise the wording. This item was placed on the May 11, 2004 City Council meeting consent agenda. Game Farm Road & Somonauk Roadway Improvements Alderman Besco stated that this was discussed by the Public Works Committee and they had questions regarding the funding for the Phase I engineering. When the proposal for the engineering was received, it wasn't as costly as first anticipated. The project has been approved for funding through the Kane County Council of Mayors (KCCM). Mayor Prochaska stated that the engineering needs to be done in order to qualify for the construction grant. Page 7 of 9 This item was placed on the May 11, 2004 City Council meeting consent agenda. USGS Joint Funding Agreements to Survey Channel Crossing from Blackberry Creek Alderman Besco reported that the United States Geological Survey(USGS)will be surveying cross sections of the Blackberry Creek in order to conduct a floodplain study. The cost of the study is being spilt between the USGS, Kendall County,the United City of Yorkville and the Village of Montgomery. Yorkville's portion, $24,490.00, was determined by the amount of the creek within the city's limits. The Council discussed the recapture of the cost of the study and Mayor Prochaska explained that the problem is that there are not many areas along the creek and within the city limits that are undeveloped. The Council discussed the funding as it related to the budget. Administrator Graff stated that he would verify if the City could fund part of it in the current fiscal year and the remainder in the next fiscal year before the next City Council meeting. This item was placed on the May 11, 2004 City Council meeting consent agenda. Institutional Agreement for Fox Industrial Park Attorney Kramer explained that the Environmental Protection Agency is using a new system for environmental cleanups called the Tier Two Cleanup or TACO. If there is an environmental situation,the owner of the property is required to file a Corrected Action Plan(CAP). The level of the TACO number given to the property is based on the CAP. If the EPA does not consider the situation serious or in need of direct cleanup,they recommend it not be cleaned up and ask the municipality to pass an Institutional Control Agreement. Wayne Circuit, in the Fox Industrial Park, has a low TACO number and does not have to clean up their environmental situation. This ordinance will not allow anyone to dig a private well or septic area within so many feet of this site. He indicated that the ordinance is good because future City Council may not know the situation with site and this creates a record of it. Also,the CAP is recorded so that there is disclosure to any future owners of the property. He also explained test wells,plumes and EPA monitoring of the test wells. Mayor Prochaska asked if this will affect any resident of the neighboring unincorporated area. Attorney Kramer stated that City Engineer Joe Wywrot still needs to verify this before the ordinance is passed. This will be brought back to a COW meeting once Mr. Wywrot obtains his measurements. Bruell Street Lift Station—Main Street Overlay Mayor Prochaska reported that he was approached by a resident living on the end of West Main Street who asked if this portion of the street will be overlaid when they do the reminder of the street as part of the Bruell Street Lift Station project. The Mayor had Mr. Wywrot look into this and the additional cost to overlay this section is approximately $15,000.00. Administrator Graff stated that the contractor is currently working on the street and will be getting to West Main by the end of the week so the change order is needed. He stated that the cost is not eligible to come out of the sewer project fund but could be taken out of the Contingency Fund. Alderman Besco stated he spoke with the Director of Public Works Eric Dhuse regarding small street projects such as this. They discussed that in the future it would be cost effective to rent a small paver and have the Public Works employees do the repairs. Page 8 of 9 This item was placed on the May 11, 2004 City Council meeting regular agenda. Bid Results for Sewer Vacuum Truck Alderman Besco reported that three bids were received with only one being acceptable from E.J. Equipment in that amount of$220,375.00. The vehicle from E.J. Equipment is a heavier duty truck capable of having a camera and T.V. system on it. Administrator Graff stated that this did not go to the Public Works Committee because Mr. Dhuse found out that the company is placing a major order. If the bid is accepted and authorization for purchase is given before this order,the vehicle can be delivered in 30 days. If not, it will take six months to get the truck. He stated funds are available. This item was placed on the May 11, 2004 City Council meeting consent agenda. PUBLIC SAFETY COMMITTEE Ordinance Amending Liquor Sampling Ordinance Alderman Kot reported that the Public Safety Committee reviewed and unanimously approved the revision. The amendment will revise the ordinance by limiting the tastings to one ounce or less of beer or wine and '''A an ounce of all other liquors, tasting will be limited to twice a week and the number of wines that may be sampled cannot exceed twenty five/day. This item was placed on the May 11, 2004 City Council meeting consent agenda. Bids for Digital Recording of Interview Room Alderman Kot reported that the state has mandated that Police Departments now video tape any major criminal investigations which the police are conducting interviews. The Police Department currently does not have the capability of doing this and went out for bids for digital recording equipment. Two bids were received and the bid from Thomas Alarm was higher however it included a larger monitor and the recording device was preferred by the Police Department. The Public Works Committee recommended awarding the bid to Thomas Alarm in the amount of $2,200.00. Chief Martin reported that the funds are available in the Contingency Fund. The Council discussed the use of the equipment. This item was placed on the May 11, 2004 City Council meeting consent agenda. ADMINSTRATION COMMITTEE No report. ADDITIONAL BUSINESS West Hydraulic Park-Update Alderman James reported that the grant for the West Hydraulic Park has been approved and the City should be receiving a check in the amount of$100,000.00 in the next six to eight weeks. Appointments- Committees,Boards and Department Heads Mayor Prochaska reported that at the next City Council meeting he would be making appointments to committees, boards and appointing the department heads. He noted that there are currently two openings on the Human Resource Commission and one for the Facade Committee. Page 9 of 9 The member for the Facade Committee has to be either an engineer or member of the Historical Society. There was no other additional business. The meeting was adjourned at 10:25 P.M. Minutes submitted by Jackie Milschewski, City Clerk Page 1 of 11 DRAFT UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE Council Chambers June 15,2004 - 7:00 p.m. In Attendance: City Art Prochaska—Mayor Richard Sticka- Alderman Valerie Burd - Alderwoman Rose Spears -Alderwoman Paul James - Alderman Larry Kot- Alderman Wanda Ohare - Alderwoman Joe Besco -Aldeuiian Tony Graff— City Administrator Lynn Dubajic—Economic Development Marty Munns—Alderman Kelly Kramer—City Attorney Harold Maritn—Chief of Police Eric Dhuse—Public Works Director Bill Powell—City Treasurer Laura Brown—Executive Director Parks &Recreation Guests John Repsholdt—Ehlers & Associates,Naperville Barbara Chevalier— Speer Financial, Inc. Greg Kunstman—Menard, Inc. Russ Walter—Library Board Mariane Wilkinson Kelly Murray Sandy Lindblom Kevin Stough— Centex Homes Peter Huinker— Smith Engineering Trevor Ryan Dan Venard—Pulte Homes Rodger Brown Gary Weber Matthew Lordeal?? (illegible) Kevin Biscan— Smith Engineering John Arnold—La Salle Bank Laura Bilas—Foley & Gartner Linda Schweitzer—Beacon News Kathy Farren—Kendall County Record The meeting was called to order at 7pm by Mayor Art Prochaska. The Mayor stated he was going to change the order of the agenda and asked to have Speer Financial give a report on the Grande Reserve SSA. Barbara Chevalier gave a brief overview of the financial plan to issue variable rate bonds for this new project. The repayment method Page 2 of 11 will be special taxes on the property. The remainder of this presentation was delayed until later due to the absence of LaSalle Bank personnel scheduled to be present. PC 2004-06 Bristol Bay—Concept Plan—Plan Commission 6-9-04 Kevin Stough of Centex Homes gave this presentation. He reported he had been at the Plan Commission the previous week and gave the concept plan of the 600 acre Rosenwinkel and Bertram properties which includes the commercial portion—Northgate and the residential portion— Bristol Bay. Northgate is already annexed and zoned. The Bristol Bay currently has an annexation agreement in place with a proposed small shopping center at Cannonball and Galena. Currently this property is farmland. This development has a cluster conservation concept whereby there is a large amount of open space with residential areas in smaller clusters. The open space would include: • Regional stormwater facility • Area for recreation, possibly golf course, ball fields, etc. • Amenity center with pool, clubhouse and tennis courts The amount of open space being donated is more than the required amount. The residential is a mix of single family, condos and townhomes. The single family area abuts most of the open space and the higher density is adjacent to commercial areas. The lot size vary from 9,000 to more than 12,000 square feet with the lot width being 70-75 feet. The total open space is 42%. Mr. Stough noted that 75 acres less would be provided in a traditional neighborhood. Mr. Stough then described the residential dwellings: Condos: 2 story, 16 unit with private entrance plan, detached garages with both surface parking and hidden garage parking. Single family: ranch and 2 story, 2000-3500 square feet, elementary or jr. high school site as a result of a school donation by Centex Park site: each will have a play area, bike trail along Galena to link park sites and amenity center (see attached handout from Centex homes for further details) Mayor Prochaska then opened the floor for discussion. Alderwoman Spears expressed concern for the high density of this development and said she would prefer larger lots as opposed to more open space. The Mayor stated that this is a transition area which allows for a density of 3.5 units per acre under the comprehensive plan. In return, Centex is providing 141% above the required open space with a density of 3.39 units per acre. They are clustering the open space in one area to make it more usable. Another positive element noted by Mr. Stough was that in a clustered development there are fewer streets to maintain. The townhomes and condos will have private streets which will be maintained by the homeowners association. Page 3 of 11 Currently, the Rosenwinkel property is not part of the proposed development. And, neither the commercial area at Bristol Bay or the two larger single family lots on Cannonball Trail are part of the Centex development. Alderman Sticka said that many senior citizens prefer smaller lots and that some attention needs to be paid to the needs of the older citizens who are not adding to the school population. Mr. Stough stated that the plan provides a mix of housing and that the condos will not have many children while the townhomes will have more. A total of 585 kids is projected for this development. Of the 1500 units, 1200 would be single family. The average price of a single family home will be $250,000. Alderwoman Spears was concerned that most senior citizens cannot afford a house over $200,000. Alderman Munns asked what range of prices would be advertised. Mr. Stough replied the approximate prices would be as follows: 1. Single family: starting at $200,000 2. Townhomes: from $140,000 to $170,000 3. Condos: $110,000 to $115,000 The increasing traffic was a concern brought forth by Alderman Munns. A north/south collector will be built as well as an east/west corridor in the northern portion linking Rt. 47 to Dickson Road. Also the Northgate Shopping center will be accessible without traveling on Rt. 47 or Galena Rd. Aldeinian James raised some concern about the stormwater area. Mr. Stough stated the area will be more than adequate to accommodate excessive rains and still allow dry area for ball fields. Mayor Prochaska then offered some comments about the plan. He is looking for creativity, rather than the standard type subdivision. In addition, he stated that one pitfall of larger lots is more streets being required,thus more maintenance on sewer and water pipes. To help pay for that maintenance, commercial sites are needed. Another issue is the road system which will be served by an inter-city system of streets. He also commented that open space is needed and its importance will grow. He liked the idea of a large lake as a natural attraction and stated that smaller ponds require more maintenance. He preferred smaller lots backed up to green space to give the feeling of openness. He further stated the goal of the City is to control the spending and taxes. To do that, commercial must be encouraged and he felt the proposed commercial area has value in helping to achieve this goal. And last, he noted that 2-3 acres of additional commercial space was gained at Rte. 47 and Galena Rd. In a final comment, Alderman Spears noted that there is already a "Northgate Shopping Center" in Aurora. Mr. Stough will relay this information to the owners of the commercial site. Alderman Besco expressed his concern that the Bristol Club had been presented as an upscale neighborhood and now it has been downsized somewhat. One reason the townhomes had been agreed to was because the single family lot sizes were presented as being larger. Mr. Stough replied that most of the density is near the commercial area. Mr. Graff stated that a school site of 12 acres was being studied. Traditionally, single family homes would surround a school site, however, townhomes are proposed for that area. However, Page 4 of 11 Centex has not spoken with the school district yet about this. Mayor Prochaska stated he would like a combination of school/park sites together. The density of the condos was also discussed. At present, 16 units per building are proposed. Mayor Prochaska stated he would like to stay closer to the traditional density. Alderwoman Ohare asked if duplexes had been considered for this location. It was not considered, although Mr. Stough stated that it could be looked at. However, the Mayor noted that many duplexes are becoming rental properties. This presentation was concluded at 8:05pm. PC 2004-07 Theidel Property— Concept Plan—Plan Commission 6-9-04 Dan Venard of Pulte Homes and Gary Weber, land planner/landscape architect gave this presentation regarding the proposed development of the current Hinsdale Nursery area(Theidel property). This 286 acre property is north of Rte. 34, east of Rt. 47and near Menards. He noted this plan was presented to the Plan Commission and the Park Board in May. Gary Weber then continued the presentation. He said that the site is proposed as a mixed development with commercial planned along Rte. 34,transitioning to townhomes and then to single family homes. The Blackberry Creek area will be preserved and will include a trailhead. The main access points are along Rte. 34 and Kennedy Road. He showed three proposed stub areas to connect with the MPI development and tie into the Hamann property. Single family lot sizes range from 10,500 to 14,370 sq. ft. with about 321 single family. Townhomes will number about 263 units on 52.5 acres with a natural farm pond. Mayor Prochaska asked the developer to minimize the number of townhome driveways fronting on main streets. Overall average density is 2.2 units per acre. Alderwoman Spears commended Pulte for their lot sizes. In addition, a school park site will be provided with a bike path network to connect across Kennedy and then with the Grande Reserve. Other amenities include masonry entryways, playgrounds and perimeter buffers. Mayor Prochaska voiced two concerns on behalf of the Plan Commission: 1) to increase lot sizes backing up to Grand Reserve to be the same size as the adjacent ones in Grande Reserve and 2) the appropriateness of townhomes near commercial, separating 2 single family areas. Mr. Weber replied that a large buffer would be included to allow townhomes access to open space as well. One entrance off Rte. 34 and two off Kennedy are slated for for development. Mr. Weber stated their plan allows for a 2.5 to 3 year buildout time. Alderman Besco expressed concern about the large number of homes, but no plan for widening the surrounding roads. Mayor Prochaska stated that the planners must create inter-city roads so drivers can avoid traveling on major roads. Alderwoman Burd suggested that the developers should build the needed schools. The Mayor said that some developers are putting money in escrow or giving Page 5of11 money to the City for schools. He also stated that the City cannot tell the school district to build schools. This presentation concluded at 8:30pm. Library Referendum Update A draft of an ordinance for the library referendum and written by the bond company was presented. This referendum will appear on the November ballot. The bonds will be revenue rather than general obligation bonds. Alderman Sticka commented on the high interest rate percentage of the bonds. However, Attorney Kramer noted that the bond company can negotiate that rate and it is better to err on the side of caution. Ms. Chevalier commented that the current rate for general obligation bonds is 5-5.25%. John Repsholt of Ehlers & Associates noted that the 9% rate is statutory and has no relevance to the bond market. The legal maximum, according to Ms. Chevalier is 9%, but is not the expected rate. This item will be placed on the next City Council full agenda for consideration. Grande Reserve SSA Barbara Chevalier opened the discussion regarding the purchase of$12,950,000 in bonds for the Grande Reserve. Alderman Sticka referred to an article that appeared in the Chicago Tribune which suggested that Yorkville was requiring SSA's. He asked how this might affect residents trying to sell their homes in the City. Also voicing concern was Alderwoman Burd who stated that area realtors told her people often purchase homes they can't afford and file bankruptcy due to imposed fees. However, developers must disclose the SSA's by law according to Attorney Kramer. She stated realtors and homebuyers must be educated about the SSA's and that the fees are not city taxes, but rather a tax for bonds used by the developer. Attorney Kramer also noted that SSA's do appear as a separate item on tax bills. Mayor Prochaska inquired if there was a cap on the variable rate for the bonds. Ms. Chevalier stated there is a 7% maximum and it can be paid off at any time using a formula for pre-payment. The Mayor said he views SSA's as a double edged sword since they guarantee improvements will be paid for by the buyer, but on the other hand, the buyers must be educated. He noted that the same issues surfaced regarding recapture fees and developers' fees. Some developers advertise no SSA fees. City Administrator Graff further explained that the bonds are needed for infrastructure costs (i.e., roads and water/sewer treatment centers which are needed before houses are built). He stated that SSA's actually allow homes to be affordable to buyers and deemed SSA's a good tool. He also said that Yorkville is one of the few communities which holds seminars educating the public on SSA's. Mayor Prochaska clarified the two different SSA's. The initial one is paid for by the developers, while the second one is the homeowner's responsibility (which is a fixed annual payment). As a result, the burden is on the new homeowner, not the established taxpayers. It was noted that the bond market determines the rates rather than the City. For clarification, Ms. Page 6 of 11 Chevalier stated that the variable rate is for the developer/infrastructure. There is no liability to the City with the SSA's. John Arnold of LaSalle Bank confirmed that the bonds never revert to the City for repayment. In conclusion, the attorneys were asked to review the SSA's. Mayor Prochaska said that the SSA's have allowed the City to make infrastructure improvements such as the wells in the Grande Reserve. A water well originally planned for the north party of the City limits can be delayed due to the construction of the Grande Reserve wells. He reiterated the structure of the SSA's (from developer to owner). Alderwoman Spears stated that in the future she would like to know all the disadvantages as well as advantages, to any similar programs. The Mayor replied that the issue with SSA's is education and that this info should be placed in the newsletter. Ms. Spears noted that the newsletter would not go to potential buyers. However, Alderman James replied that a lawyer is needed for a home purchase and should inform the buyer. It was suggested that the ordinance be reworded as follows: "...at the developer's request, the City forms these [SSA's]... The SSA presentation concluded at 9:10pm. Mayor Prochaska called a short break at this point and the meeting then resumed at 9:20pm. Detail Board Report (Bill List) There was a very brief discussion about three specific expenses. Mayor Prochaska stated that the policy of the City has been to purchase items at city owned businesses first. One of the items on the bill list had been purchased at Yorkville Ace Hardware and it was noted by Alderman Sticka that Ace had donated a grill. This was noteworthy since they are not in the city limits, though there is an effort to annex that business at the beginning of July. It was noted that the cost of the T-1 line will be split with half from the current budget and half from the next budget. This list moves to City Council. Police Reports for April 2004 PS 3/2704 These reports will move forward to the City Council consent agenda. Greenspace— Countryside Property Owners This item was postponed as not all documents were available. Coffee With the Mayor June 19th Town Square Park Mayor Prochaska reminded everyone of the coffee and also stated that Senator Lauzen would make an appearance that morning. Page 7 of 11 Rob Roy Creek Sanitary Sewer Interceptor/Agreement Mayor Prochaska reported that a$750,000 cost would be funded upfront by Westbury Developers for the interceptor. This project approval is subject to receiving funds. Attorney Kramer stated that the City does not own the property, however, and the city is not liable. Westbury is writing this interceptor project into their annexation agreement. The attorneys have met with the sanitary district to discuss an inter-governmental agreement and the verbage "subject to receiving funds" will be added to the agreement. This item will be moved to City Council. Emergency Repair for Well#3 Mayor Prochaska gave an overview of the malfunctioning well. At the time of occurrence, a press release was issued asking citizens to refrain from unnecessary use of water. Repairs began immediately on this $87,000 to $90,000 repair job. The money is already in the water fund. Director of Public Works Eric Dhuse then distributed a timeline of the proposed schedule of necessary repairs. Testing will be done to insure water safety. This item will be on the City Council agenda for ratification. Ordinance Repealing Ordinance 1976-42— U.S. 34 Corridor Study This item will repeal the repeal ordinance from 1976. This ordinance would have allowed for a Rt. 34 corridor study, which is no longer needed. It is now being done by IDOT. Master Facility Plan This agenda item will be reviewed at the next Committee of the Whole Meeting so there will be adequate time to discuss. PC 2003-13 Bailey Meadows Annexation & Preliminary Plan CC 5/24/04 This was tabled due to lack of all the necessary materials. PC 2004-05 Prairie Meadows—Final Plat—Plan Comm. 6/9/04 Greg Kunstman, Attorney for Menards gave this presentation. He stated there were two remaining issues. 1) It had been previously suggested that Prairie Meadows Drive be reconfigured to resolve a speed issue, which has been completed. 2) There was a request for a temporary easement for the proposed fire department. Mr. Graff reported that this easement has been approved and language will be attached to the plat according to Ms. Kramer. Additionally, a grading issue between lots 47 Page 8of 11 and 48 was discussed. The issue was—to not build on one lot or tapering the grading between the lots after securing an agreement from the adjacent owner. The engineering department will review this issue. A 7.05 acre (shown as 7.1 on the map) park site drawn on the concept plan was also reviewed. The site will not be part of the annexation agreement, so there will be an increase in the cash donation to $289,130. Also, land will be donated for a fire department and no developer fees will be required. Alderman James suggested language should be included in the agreement that would state that no fees will be levied. Mayor Prochaska concluded by saying that all of this is subject to approval by the Engineering Department. This item will move to the next City Council meeting. Menard's Commercial—Final Acceptance—PW 1/26/04 This item moves to the consent agenda of the next City Council meeting. Request from Wiseman-Hughes—Sanitary Sewer Connection Wiseman Hughes front-funded $1800 of the required $2000 connection fee towards the interceptor costs. They requested the remaining $200 be used towards the oversizing of the interceptor. They will be given a $200 credit on the building permit, which can be tracked by Finance Director Pleckham. This moves to the City Council consent agenda. Joint Agreement and MFT Resolution for Van Emmon Road This agenda item concerns the upgrade of Van Emmon Road in a joint effort with the County. The bid was $75,000 with a budgeted amount of$100,000. This project was brought directly to the City Council in an effort to keep the project progressing. There was discussion as to whether or not the City can approach a firm doing improvements for the County and ask them to do an overlay for the City. Attorney Kramer will ascertain if this would affect the inter-governmental agreement. This moves to the City Council agenda. Request to Purchase Total Station for Forensic Mapping of Crime Scene Alderman Kot gave an overview as follows. Officer Delaney is now trained in accident reconstruction and it was recommended to purchase a total station (a highly accurate measuring tool) for him to use. The data from this instrument is also admissible in court. The cost is $9,999 which the Police Department already has available for this capital purchase. It was noted that Public Works could also use this device. Mayor Prochaska asked if other quotes had been Page 9 of 11 requested. Chief Martin replied that other quotes had been received, however, training was included in the recommended package. Mayor Prochaska recommended moving this forward to the City Council consent agenda. C. H. Schrader&Associates Contract for Grant Research Consulting Services Alderman James stated there had been a positive recommendation from the Administration Committee for continuing this service. He added that a list of priority grants would be given to the grant writer. Alderwoman Spears voiced her opposition to this service since she felt that the Parks and Recreation Director had grant writing capabilities and that the City cannot continue to hire grant writers, consultants, etc. However, Mr. James pointed out that the grant writer had written a proposal for a$400,000 total in grants. In addition, she has worked on grants for Boy Scouts and others. With these grants, she has already paid for the $14,000 salary. Mayor Prochaska stated the City needed this grant writer to concentrate on all areas of concern. He said that many grants are more difficult to procure for other city departments, while they are more readily available for areas such as parks. Ms. Spears recommended finding a grant writer who specializes in the more difficult areas, however, Alderman James pointed out that persons in the grant writing field are limited. He said a letter would be sent to her with the focus areas being identified, as a result of a lengthy discussion in the Administration Committee. Mr. Kot recommended extending the contract one year. Mayor Prochaska said that perhaps Schrader & Associates has more expertise in other areas and that they should be asked to submit in writing, their areas of concentration. Administrator Graff said the grant writer conducts research for grants and that manhours should be considered also. Too much staff time is being used to assist the grant writer, according to Ms. Burd. In September 2001 and 2003 the grant writer was asked to research other avenues and the Mayor would like a report to detail how much money was procured and the salary spent. Alderman James stated there had already been a lengthy discussion at the Administration level and Schrader and Associates has grants pending. Alderman Munns asked how many grants she had applied for and how many were approved. She has applied for 8 grants, one of which has been secured with others pending. But, Alderman Sticka pointed out that the amount of the grants needs to be considered as well. It was noted that she had been contacted last fall asking her to research other avenues and that she had attended a department head meeting- She has also informed the City of other grants available, through her own research. Mr. Graff reported that Schrader's area of expertise is in Parks. Mayor Prochaska added that the Council needs to determine which grants should be emphasized. This matter will be forwarded to the City Council, however, it will be up for discussion and not on the consent agenda. Page 10 of 11 Resolution to Appoint IMRFAuthorized Agent A new IMRF agent must be appointed since the person acting in that capacity has left the City. It was recommended the Finance Director be appointed to fill the position. This position is needed to file quarterly reports. A second person will be appointed in the future. This moves forward to the next City Council consent agenda. Renewal Contract for EAP There has been a 4% increase for this service at a cost of about$50 per employee. Alderman Kot reported that other quotes are being requested and that the contract with Provena can be terminated. Alderman Munns suggested looking at agencies which charge a fee for each service and can be less expensive depending on the number of times the service is used. Mayor Prochaska reported there were seven employee visits last year. Another company will be giving a presentation to the Administration committee at a later date and Mayor Prochaska asked the committee to inquire if the counselors are local, rather than someone traveling from a distant location for the services. This moves forward to the City Council for renewal. Road Improvement Program—Financing This program relates to the in-town road program. It was recommended by Traci Pleckham to issue bonds in phases to pay for road improvements. This would be comprised of a $650,000 debt certificate that is not callable, but is a fixed 10-year debt certificate. Alderman James stated that this is a line item in the budget and the fees coming in from development pays for the line item. Item moves forward to City Council for consideration. Additional Business Alderwoman Spears asked if the EAP matter could be on regular vote to which the Mayor agreed. Alderman Munns reported that he would be out of town for the next Council meeting and asked what procedure needed to be followed in order to vote. Administrator Graff instructed him to contact the City Clerk about setting up a phone connection for a phone vote and that he must be on the phone prior to the start of the meeting. Mr. Munns also stated that 10 people were involved in the beautification of the park at Fox Hill. It was decided that such an event should be publicized more and low participation might have been due to subdivision garage sales that day. A time frame for the treasurer's report was requested by Alderwoman Spears. Treasurer Powell reported he was waiting for the audit to be completed. Page 11 of 11 Mr. Graff reported the shredding company item was still on the agenda. It was recommended by City staff that Shredco be retained to handle the shredding. He asked to have Attorney Kelly Kramer review the analysis to ascertain if Shredco meets the City's needs. The Police Department currently uses Shredco since another lower bidder did not meet Police regulations. Mr. Graff will write a memo and place on the agenda to hire Shredco. Mayor Prochaska reported the receipt of a letter from the County Board commending the City's police officers for the professional handling of threatening calls and the manner in which the officers responded. The Mayor told the committee that the Relay for Life in Yorkville raised over $113,000 which was $30,000 over the goal. Chief Martin reported that Officer Patricia Cerneke will be leaving after two years of service, to join the State Police. The Plan Commission is now at 9 members, following a resignation. This is the desired level. The meeting was adjourned by Mayor Prochaska at 10:47pm. Minutes respectfully submitted by Marlys Young, Minute Taker UNITED CITY OF YORKVILLE PAYROLL SUMMARY PAY PERIOD ENDING 07/10/04 SOCIAL REGULAR OVERTIME TOTAL SECURITY IMRF TOTALS ADMINISTRATION $17,562.93 $0.00 $17,562.93 $1,343.55 $1,625.98 $20,532.46 ENGINEERING $9,741.70 $31.80 $9,773.50 $747.68 $984.19 $11,505.37 POLICE $50,087.27 $1,068.76 $51,156.03 $3,913.41 $335.49 $55,404.93 PUBLIC WORKS $17,199.99 $1,606.90 $18,806.89 $1,438.71 $1,792.85 $22,038.45 LIBRARY $5,102.76 $0.00 $5,102.76 $390.36 $330.62 $5,823.74 RECREATION $9,520.66 $0.00 $9,520.66 $726.73 $721.23 $10,968.62 PARKS $14,348.68 $121.72 $14,470.40 $1,106.99 $1,096.20 $16,673.59 TOTALS $123,563.99 $2,829.18 $126,393.17 $9,667.43 $6,886.56 $142,947.16 TOTAL INVOICES 7/27/2004 $669,922.22 TOTAL PAYROLL 7/10/2004 $142,947.16 TOTAL DISBURSEMENTS $812,869.38 07/22/2004 11 :48 FAX 630 553 5764 DANIEL J. KRAMER @j 002/009 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO.2004- ORDINANCE APPROVING VARIANCES FOR 504 S. BRIDGE STREET, YORKVILLE, ILLINOIS WHEREAS, Marathon Ashland Petroleum, LLC, filed ZBA Petition 2004-08 requesting a variance from the United City of Yorkville Zoning Ordinance Section 10-7C-4.B1 reducing the corner side yard from 30 feet to 5 feet from Bell Street for the construction of a building, a variance from the United City of Yorkville Zoning Ordinance Section 10-7C-4.B1 reducing the corner side yard from 30 feet to 16 feet from Bridge Street for the construction of a building and a variance from the United City of Yorkville Zoning Ordinance Section 10-7C-4.81 reducing the corner side yard from 30 feet to 21 feet from Bell Street and Bridge Street for the construction of a structure that being a canopy as depicted in the attached exhibit"A"; and WHEREAS, the Petitioners plan to substantially improve the real property to enhance the value of the property and improve the aesthetics of the neighborhood; and WHEREAS, the Zoning Board of Appeals of the United City of Yorkville held a public hearing with regard to said Petition; and WHEREAS,the Zoning Board of Appeals took public comment on the issues before it and made specific findings of fact related to the granting of the variances sought; and WHEREAS, the Zoning Board of Appeals did not recommended the approval of said 1 07/22/2004 11 : 4B FAX 630 553 5764 DANIEL J. KRAMER a 003/009 requested variances to the City Council; and WHEREAS,the Mayor and City Council of the UNITED CITY OF YORKVILLE have reviewed the findings of fact made by the Zoning Board of Appeals, considered the public comment presented at the public hearings and have determined that the requested variances are appropriate under the circumstances presented by the Petitioners; NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,upon Motion duly made, seconded and approved by a majority of those so voting, the following Variances are hereby granted from the United City of Yorkville Zoning Code for the real property more fully described in Exhibit "A": 1. Side Yard: 10-7C-4,B1 of the United City of Yorkville Zoning Code is hereby varied to permit the reduction of the corner side yard from 30 feet to 5 feet from Bell Street for the construction of a building as depicted in the attached exhibit "A". 2. Side Yard: 10-7C-4.B1 of the United City of Yorkville Zoning Code is hereby varied to permit the reduction of the corner side yard from 30 feet to 16 feet from Bridge Street for the construction of a building as depicted in the attached exhibit"A". 3. Side Yard: 10-7C-4,B1 of the United City of Yorkville Zoning Code is hereby varied to permit the reduction of the corner side yard from 30 feet to 21 feet from Bell Street and Bridge Street for the construction of a structure that being a canopy as depicted in the attached exhibit"A" No other variances from the City Code for design,plan or specifications for said structure shall be permitted. 2 07/22/2004 11 . 48 FAX 630 553 5764 DANIEL J. KRAMER a004/009 IN WITNESS WHEREOF, this Ordinance has been enacted this day of , 2004 by the City Council of the UNITED CITY OF YORKVILLE. WANDA OHARE JOSEPH BESCO VALERIE BURR PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA APPROVED by me, as Mayor of the United City of Yorkville, Kendall County,Illinois, this day of ,A.D, 2004. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2004. Attest: CLERK CITY CI v• vara. v� Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville, Illinois 60560 630.553.9500 3 07/22/2004 11 48 FAX 630 553 5764 DANIEL J. KRAMER fj005/009 EXHIBIT "A" Plat of Survey of the Property containing the legal description of Property: 4 07/22/2004 12:54 FAX 630 553 5764 DANIEL J. KRAMER ()002/003 STATE OF ILLINOIS ) COUNTY OF KENDALL ) ORDINANCE NO. 2004- AN ORDINANCE GRANTING A SPECIAL USE FOR THE PROPERTY LOCATED AT 708 E. VETERANS PARKWAY,YORKVILLE, ILLINOIS FOR A DAYCARE/PRESCHOOL FACILITY WHEREAS, Mayor and the City Council of the United City of Yorkville, upon Petition duly made and submitted, deem it to be in the best interests of the City of Yorkville to grant a Special Use Permit for the property located at 708 E. Veterans Parkway,Yorkville,Illinois, with PIN 02-28-276-001 and 02-28-426-002, to provide for a special use for a daycare/preschool facility within the B-3 Service Business District, in conformance with the Site Plan attached hereto and incorporated herein by reference as Exhibit"A". NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVII.T.F, KENDALL COUNTY ILLINOIS: the Mayor and City Council of the United City of Yorkville, upon motion duly made, seconded, and approved hereby grant a Special Use Permit for the property located at 708 E,Veterans Parkway,Yorkville, Illinois, with PIN 02- 28-276-001 and 02-28-426-002,to provide for a special use for a daycare/preschool facility within the B-3 Service Business District, in conformance with the Site Plan attached hereto and incorporated herein by reference as Exhibit"A 07/22/2004 12:54 FAX 830 553 5764 DANIEL J. KRAMER /21003/003 IN WITNESS WHEREOF, this Ordinance has been enacted this day of , 2004. PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE VALERIE SURD ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville,Kendall County, Illinois, this day of _ , A.D. 2004. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2004. Attest: CITY CLERK Prepared by Law Office of Daniel J. Kramer 1107A S. Bridge St, Yorkville, IL 60560 (630) 553-9500 07/22/2004 11: 48 FAX 630 553 5764 DANIEL J. KRAMER /1]006/009 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) RESOLUTION NO. 2004 - RESOLUTION APPROVING THE PRELIMINARY and FINAL PLATS OF SUBDIVISION FOR TRIANGLE INVESTMENTS, LLC WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Preliminary and Final Plats of Subdivision of Cornerstone; and WHEREAS, the City Council of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Preliminary and Final Plats of Subdivision; and NOW THEREFORE,upon Motion duly made, seconded and approved by a majority of those members of the City Council voting the following action is taken by the City Council: 1. The Preliminary and Final Plats of Subdivision for Cornerstone are approved and all City officials are authorized to execute the same, WANDA Oi-TAPE JOSEPH BESCO VALERIE SURD PAUL JAMES LARRY KOT MARTY M<JNNS ROSE SPEARS RICHARD STICKA 1 07/22/2004 11 :48 FAX 630 553 5764 DANIEL J. KRAMER l 007/009 APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 20 _ MAYOR PASSED by the City Council of the United City of Yorlcville, Kendall County, Illinois this day of , A.D. 20 Attest: CITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 2