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City Council Minutes 2004 06-08-04 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, ]KENDALL COUNTY, ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS. 800 GAME FARM ROAD ON TUESDAY, JUNE 8, 2004. Mayor Prochaska called the meeting to order at 7:03 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Sticka Present Ward H Bard Present Kot Present Ward III Munns Present (arrived 7:08) Ohare Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, Administrator Graff, City Attorney Kelly Kramer, Police Lieutenant Schwartzkopt Director of Public Works Dhuse and Executive Director of Parks & Recreation Brown OUORUM A quorum was established. MOMENT OF SILENCE Mayor Prochaska asked the City Council to observe a moment of silence to honor former President Ronald W. Reagan who passed away on June 5, 2004. INTRODUCTION OF GUESTS Mayor Prochaska welcomed guests and asked those present to enter their name on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Prochaska noted that there would be no Executive Session this evening. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M., Monday, June 28, 2004 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Thursday, June 17, 2004 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M., Thursday, June 10, 2004 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M., Thursday, June 24, 2004 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee To Be Announced ` PUBLIC HEARINGS Subdivision Standards Ordinance Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing the Subdivision Standards Ordinance. So moved by Alderman Kot; seconded by Alderwoman Bard. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Burd -aye, James -aye, Kot -aye, Ohare -aye, Spears -aye, Sticka -aye Mayor Prochaska turned the floor over to the Director of Public Works Eric Dhuse. Mr. Dhuse reported that the staff has been working on this ordinance for over a year and all the suggested changes and comments have been incorporated into the ordinance. The Minutes of the Regular Meeting of the Citv Council — June 8. 2004 - nau Mayor Prochaska opened the floor for public comment. There was none. Mayor Prochaska opened the floor for comments from the Council. Alderwoman Spears noted that the Council did not receive page one of the ordinance, the Table of Contents, which had revisions. She also stated that historical street names were to be addressed on page 14 and this was not done. Mayor Prochaska asked staff to address this. Administrator Graff stated that City Engineer Joe Wywrot gave the Council a memo dated April 4, 2004 which gave a summary of the changes made to the ordinance. Mr. Graff stated that the memo noted changes to items such as lighting standards, maintenances deposits from builders, traffic studies, crack sealing, protection of existing vegetation, water testing and water management issues. Mr. Graff stated that developers were made aware of the ordinance and he recommended a 30 — 60 day comment period before the ordinance is brought before the Council for consideration. Mayor Prochaska noted that the ordinance was on the City's website for viewing. There was some discussion regarding the name of the ordinance. It was clarified that the ordinance name is the "Subdivision Control Standards Ordinance ". There were no further comments or questions. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderwoman Ohare; seconded by Alderwoman Burd. Motion approved by a roll call vote. Ayes -8 Nays -0 Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka -aye, Besco -aye Stormwater & Water Runoff Quality Control Ordinance Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing the Stormwater & Water Runoff Quality Control Ordinance. So moved by Alderman Besco; seconded by Alderwoman Ohare. Motion approved by a roll call vote. Ayes -8 Nays -0 Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka -aye Mayor Prochaska note that the Table of Contents was missing from the document. Mayor Prochaska turned the floor over to Tom Price with the Conservation Design Forum who assisted the City with the development of the ordinance. Mr. Price distributed and discussed a summary of the ordinance (see attached). The summary addressed the process, organization of the ordinance, wetland categories and general standards. After Mr. Price's presentation, Mayor Prochaska opened the floor to the public. Richard Guerard with Wyndham Deerpoint addressed the Council. He stated that he had submitted written comments (see attached) and was coming before the Council not only as a developer in the United City of Yorkville but also the president of the Attainable Housing Alliance which is made up with the membership of the Northern Illinois Home Builders Association, The Greater Chicago Home Builders Association and the Fox Valley Home Builders Association. He stated that he has developed projects with wetlands in them under several jurisdictions and he felt that this ordinance is extreme; it goes beyond any other ordinance he has encountered. He stated that the buffers required by the ordinance, the restrictions of the construction of the buffer, the type of materials required, the five -year maintenance plan and the letter of credit places a financial hardship on a developer. He stated that a small wetland could cost a developer over $100,000.00. He also noted that this ordinance does not only apply to small home builders and developers but also applies to commercial developers, the school district and parks. He stated that he believed that there were ways to achieve the same benefits without all the restrictions and cost. He asked the Council to consider developing a committee of staff, consultants and developers where the developers can give recommendations and input to the ordinance. Richard Young with Kimball Hill Homes addressed the Council. Mr. Young reiterated Mr. Guerard's comments. He stated that he warned to impress upon the Council is that there is a vast The Minutes of the Regular Meeting of the Citv Council — June S. 2004 - rage-3 difference between wetlands from those that are marshy and protect ground water to those that are just a com stubble farmed wetland. He felt that a balance between ecology and the financial impact needed to be considered. He stated that the proposed ordinance is the most restrictive he has seen in northern Illinois. Mr. Young offered his services to be on the committee that Mr. Guerard proposed. There were no other comments from the public. Mayor Prochaska opened the floor for comments from the Council. Alderwoman Spears thanked Mr. Guerard and Mr. Young for attending the meeting and for their comments. She stated that she agreed with Mr. Guerard's suggestion for a committee to review the ordinance and would appreciate the developer's input. Alderman Sticka and Alderwoman Ohare stated that they agreed with Alderwoman Spears' statement. Alderwoman Ohare asked Executive Director of Parks & Recreation Laura. Brown how the donation of land with a wetland would be handled. Ms. Brown stated that the Park Board prefers that only high and dry land be donated for parks. However, if a wetland is identified on park property they would maintain and protect it. She stated that in the Westbury development where wetlands have been identified it has been proposed that they be maintain by the homeowner's association. Ms. Brown stated that the City may see the donation and care of wetlands as it obtains larger parcels of land such as the park at the Grande Reserve development or Hoover Boy Scout Camp. Mayor Prochaska commented that the strictness of the content isn't necessarily an issue because the United City of Yorkville has not been a City to say that it will not look at what is right despite what other communities do. His concern was that the ordinance only applies to property within city limits and this limits the areas to mitigate to. He stated that this ordinance has requirements that are substantially over those of other area's ordinances and he questioned the consultants as to why. He commented that when there is an overindulgence of restrictions, there are no restrictions because the property will not develop within the United City of Yorkville. He agreed that the City needed to look at a more balanced ordinance and stated that if the Council agrees, he would like to have a technical group review the ordinance with the consultants. The group's findings can be brought back to the Council for their review. Mayor Prochaska stated that the group could look at other alternatives in an effort to achieve the same outcome. Alderwoman Burd asked if the staff ever questioned why this ordinance was so tough compared to other ordinances in existence. Mr. Graff stated that the staff's objective was to design an ordinance that would provide the highest quality return to protect natural resources. He stated that the document before the Council was downsized considerably from the document developed six months ago. Mr. Price stated that if the Council would look at the requirements from the Corp of Engineers and the Lake and DuPage County ordinances this ordinance is not overly restrictive. There was further discussion regarding the group that helped to develop the ordinance and who should be in the group to review it. It was discussed that the City Attorney, City Engineer, Director of Public Works, Executive Director of Parks & Recreation and at least three representatives from the development community should comprise the reviewing group/ . Alderman James asked if the ordinance could be reviewed by Kendall County to see if they would adopt it. Mayor Prochaska noted that the County is not a home -ruled county so municipalities do not have to abide by the ordinance. Alderman Sticka asked if the County had a similar ordinance that applied to developers building in the county and Attorney Kramer stated they did not. Mr. Graff stated that the County has a copy of this ordinance and are exploring options to incorporate some of the stormwater quality manag ement into a county ordinance. Mr. Graff also noted that there is state legislation pending to make storm water management and wetland protection more universal. Mayor Prochaska stated that he has been approached by residents in the River's Edge development with concerns about their detention pond. They asked if the City had any policy for the water quality in detention ponds. He directed them to bring their concerns to the Public Works Committee however this may be something that can be addressed by this ordinance. Mayor Prochaska stated that a committee will be developed and that he would keep the Council advised as to who is on the committee when it is established. The Minutes of the Regular Meeting of the Citv Council — June 8. 2004 - na t44 Mr. Guerard complimented the Council and staff for informing the developers that the ordinance existed. He stated that this doesn't happen in other communities and this gave the developers the opportunity to review the ordinance and to respond to the Council. Mr. Price suggested that the committee meet after the 60 day public review period was over in order to address any comments that may be received. Mayor Prochaska agreed. There were no further comments. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderwoman Spears; seconded by Alderwoman Ohare. Motion approved by a roll call vote. Ayes -8 Nays -0 Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka -aye, Besco -aye CITIZEN COMMENTS None. PRESENTATIONS None. CONSENT AGENDA 1. Liberty Street Watermain — Change Order #I - authorize the City Engineer to execute increase in an amount not to exceed $43,110.30 2. Water Department Reports for March & April 2004 3. Well #7 Well House and Treatment Facility — Change Order # 1 - authorize the City Engineer to execute increase in an amount not to exceed $5,202- 93 4. Grande Reserve ComEd Easements — authorize Mayor and notary to execute 5. Foxfield Unit 2 — Final Acceptance — accept public improvements and reduce the letter of credit to $3,046 62 for the one year warranty period 6. 2004 Public Sidewalk Repairs — Bid Results — award contract to R.A. Ubert Construction in an amount not to exceed $30,860. 00 7. 2004 Asphalt Surface Treatment — Bid Results — award contract to CAM, LLC in an amount not to exceed $32,762.66 8. Resolution 2004 -16 — Appointing Waste Facility Consultant to Provide Technical Waste Transfer Citing Services - authorize the Mayor and City Clerk to execute 9. Ordinance 2004 -28 - Institutional Agreement for Fox Industrial Park - authorize the Mayor and City Clerk to execute 10. Joint Purchase with Parks Department of Toro 4000 -D Lawnmower — authorize purchase in an amount not to exceed $40,857 2 7. $15, 000. 00 from Parks & Recreational Capital, line item mower, $21, 0000. 00 from Public Works Capita, line item mower; and $4,857.27 from Public Works Capital, line item reserve 11. Request to Purchase Grader Attachment — authorize purchase in an amount not to exceed $6,250.00 12. ComEd Temporary Easement for Raintree Village - authorize the Mayor and City Clerk to execute Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderwoman Spears; seconded by Alderwoman Ohare. Motion approved by a roll call vote. Ayes -8 Nays -0 Burd -aye, James -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye, Ohare -aye, Besco -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 May 11, 2004; seconded by Alderman Kot. 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 May 28, 2004 totaling the following amounts: checks in the amount of $615,324.30 (vendor); $130,563.30 (payroll period ending 05/15/04) for a total of $745,887.60; seconded by Alderman Sticka. The Minutes of the Regular Meeting of the Citv Council — June 8. 2004 - nage 5 Motion approved by a roll call vote. Ayes -8 Nays-0 Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka -aye REPORTS MAYOR'S REPORT Recommendation to Rename Prairie Park Mayor Prochaska reported that Prairie Park located at Park and Freemont Streets will be renamed Hiding Spot Park in honor of Samantha and Theresa Eberhardt. The name has been discussed with the Eberhardt family and they approved the name. Mayor Prochaska entertained a motion to approve the re namin g of Prairie Park. So moved by Alderman Kot; seconded by Alderman Sticka. Alderwoman Ohare asked if a plaque would be placed at the park to reflect this and Ms. Brown stated that a new park sign has been ordered which will reflect the change. Motion approved by a roll call vote. Ayes -8 Nays -0 James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka -aye Besco -aye, Burd -aye Rosati's Pizza Contract Ms. Brown stated that the Council asked if the owner of Rosati's Pizza, T.J. Manning, would sign the contract before they approve it and he did sign it. Mayor Prochaska entertained a motion to approve the contract between the United City of Yorkville and Rosati's Pizza for the purpose of buying pizza for the concession stand at Beecher Park and to authorize the Mayor and City Clerk to sign the contract. So moved by Alderwoman Ohare; seconded by Alderman Munns. Alderwoman Spears asked for clarification if the contract was signed and Alderwoman Ohare asked about the length of the contract. Mayor Prochaska stated that the contract was signed by Mr. Manning and it is for a one year term. Motion approved by a roll call vote. Ayes -8 Nays -0 Kot -aye, Munns -aye, Ohare -aye, Spears -aye, Sticka -aye, Besco -aye, Burd -aye, James -aye Update on Municipal Brownfield Redevelopment Grant Application Mayor Prochaska reported that the grant application has been sent in to Springfield. The grant, with a lifetime maximum of $240,000.00, is available to municipalities to identify and clean -up sites. It will be applied to the F/S property in the downtown area. Relay for Life Mayor Prochaska reported that he will be walking in the Relay for Life starting Friday, June 11, 2004 until Saturday, June 12, 2004. He stated that his team's goal is to raise $10,000.00 and asked anyone interested in donating to see him. He also stated that l uminar ies in honor of individual's were available for a donation of $10.00/luminary. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Pat Summerall Productions Update Administrator Graff stated that the first part of the Pat Summerall Production will take place June 11, 2004. They will be doing an initial video shoot, interviews and will be observing the Relay for Life. Mr. Graff stated that the City is over the $20,000.00 mark in commitments and is hoping for another $8,000.00. The City has met the deadline of having $14,000.00 to the group by June 11, 2004. He stated that he would keep the Council updated and would be giving a report to the Council regarding the sponsors. The Minutes of the Regular Meeting of the City Council — June 8, 2004 - wee 6 FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE imea uj�,i No report. EXECUTIVE DIRECTOR OF PARKS & RECREATION REPORT Music Under the Stars Ms. Brown reported that the first "Music Under the Stars" for the season would be held Friday, June 11, 2004 at Town Square Park at 7:00 P.M. Movies at the Park Ms. Brown reported that the first "Movies at the Park" for the season would be held Saturday, June 12, 2004 at Beecher Park at around 9:00 P.M. She noted that the location for this event has been changed to Beecher Park and the movie being shown is "Finding Nemo ". COMMUNITY & LIAISON REPORT Aurora Area Convention and Visitors Bureau Alderwoman Burd reported that she was notified today by the Aurora Area Convention and Visitors Bureau ( AACVB) that Governor Blagojevich said he will be reinstating funding for tourism at the previous year's level. She also noted that the AACVB is holding its annual meeting at the new mall in Aurora on June 21, 2004. COMMITTEE REPORTS PUBLIC WORKS CONEMEMEE REPORT Resolution 2004 -17 Disposal of Property A motion was made by Alderman Besco to approve a resolution authorizing the Mayor and City Council to sell or demolish personal property as presented by the Public Works Superintendent and Parks & Recreation Director; seconded by Alderman Sticka. Alderman Munns asked if the items don't sell were they going to be destroyed. Attorney Kramer explained that this is a form resolution however the resolution does indicate that certain items, per the attachment to the resolution, will be sold not destroyed. Alderwoman Spears asked if the other bidders received this information and Mayor Prochaska and Mr. Dhuse clarified that the items have not been placed for bid yet. She also asked if "Exhibit A" was attached and Attorney Kramer stated that the list of items to be sold was "Exhibit A". Alderwoman Spears noted that the list was not marked as such and asked that this be done. Attorney Kramer stated she would do this. Alderwoman Ohare asked if the resolution was for all property or just for the attached list. Attorney Kramer stated that the resolution was for the specific property listed and for the trade -in of the sewer jetter. Motion approved by a roll call vote. Ayes -8 Nays -0 Ohare -aye, Spears -aye, Sticka -aye, Besco -aye, Burd aye, James -aye, Kot -aye, Munns -aye ECONOMIC DEVELOPMENT COMMITTEE REPORT - Ordinance 2004 -2 Tanglewood Trail Authorizing Execution of Annexation Agreement A motion was made by Alderman Sticka to approve an ordinance authorizing the execution of an annexation agreement of Tanglewood Development Corporation and to authorize the Mayor and City Clerk to execute the agreement; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -9 Nays -0 Spears -aye, Sticka -aye, Besco -aye, Burd aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Prochaska -aye Ordinance 2004 -30 Tanglewood Trail - Annexing Properties A motion was made by Alderman Sticka to approve an ordinance annexing properties to the United City of Yorkville. Kendall County, Illinois known as Tanglewood Development; seconded by Alderman James The Minutes of the Regular Meeting of the Citv Council — June 8.2004 - DaLe 7 Motion approved by a roll call vote. Ayes -8 Nays-0 Sticka -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Spears -aye Ordinance 2004 -31 Authorizing Execution of Fog Hill PUD Agreement Amendment A motion was made by Alderman Sticka to approve an amendment to the Planned Unit Development Agreement for Fox Hill Subdivision for the purpose of rezoning the subject real - property from United City of Yorkville R -2 One Family District to R-4 General Residential District and B -3 Service Business District and to authorize the Mayor and City Clerk to sign the Agreement; seconded by Alderman Besco. Alderman Munns questioned page 4, item 9 regarding the landscape buffer parallel to the southern property line. He asked if any buffer was planned for the eastern property line. Alderman Sticka stated that the eastern property line consists of a flood plain, creek and existing tree line; the property to the south is agricultural with farm animals and the buffer is to help separate the existing property from the new development. Attorney Kramer noted that it was discussed at the public hearing for the PUD Agreement that there will be berming closer to the multifamily residences. Administrator Graff also noted that when the original PUD was approved, the City did not have a landscape ordinance however the developer has agreed to comply to the new ordinance with this amendment. Alderman Munns commented that this PUD amendment has been a tough issue for the residents of Fox Hill. Alderwoman Spears noted a typographical error on page 2, paragraph two, third line. The word "thee" should be "the". Motion approved by a roll call vote. Ayes -5 Nays -3 Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -nay, Ohare -nay, Spears -nay, Sticka -aye PUBLIC SAFETY CONIl4IITTEE REPORT No report. ADNMV STRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS IlVIL Salary Survey Alderwoman Spears stated that she tried to access the Illinois Municipal League online salary survey and couldn't. She asked if Administrator Graff could check if the information that Finance Director Traci Pleckham gave the Council was correct. Purchases from Ace Hardware Alderman Sticka asked the Council to revisit the purchasing policy for Ace Hardware. He stated that he still supports the idea that the store should be annexed into the City but he noted that the store owner has been approached numerous times to support the City by making donations and contributions of materials which he has done. He also noted that the City does not pay sales tax. He asked that the staff be allowed to make purchase at the store. Mayor Prochaska noted that the owner is a member of the Chamber of Commerce. Alderwoman Ohare asked if the proprietor of the store was the landowner and Mayor Prochaska clarified that the proprietor did not own the property. Mayor Prochaska noted that he recently asked Attorney Dan Kramer to approach the landowner regarding annexing into the City. Attorney Kelly Kramer stated that he attempted to contact them but was unsure if they met to discuss this. Mayor Prochaska asked Attorney Kelly Kramer to get an appointment scheduled with the landowner. ComEd Outages Mayor Prochaska reported that he met with representatives of ComEd regarding the power outage that occurred in part of the City for an extended period of time. ComEd stated that the power was out for fifteen hours but in reality the power was out for up to nineteen hours. Mayor Prochaska stated that he asked ComEd about their plans for Kendall County since it is a growing area. ComEd explained to him that the County is spilt into different areas which are serviced out of the Joliet, Aurora and Rockford offices. He suggested to ComEd that they consider centralizing a service area in Kendall County. He also asked if they had future plans to increase their staff. They did not give an absolute answer to his question but there was some discussion regarding adding people in the Aurora office which services the Yorkville area They did explain that during a storm, employees are called from all areas to provide service. He also stated that ComEd explained that if there is an outage, everyone affected should call in. This helps to determine what type of problem is occurring and the location of the problem. The Minutes of the Regular Meeting of the Citv Council — June 8.2004 - uage 8 Route 47 Improvement Mayor Prochaska reported that he spoke with Representative Patricia Lindner. She has been working hard to get $5 million for land acquisition for the Route 47 improvement however she reported that this does not appear to be in the state's budget. Without this funding, the Illinois Department of Transportation (IDOT) will not put Route 47 this on its five -year plan. He reported that IDOT has asked for $550,000.00 for the repaving of Route 47 in Yorkville. Mayor Prochaska expressed his concern regarding the backup of traffic in the community because the road is not wider. He stated that with only one bridge over the Fox River this creates a problem with the response of emergency vehicles throughout Yorkville. He stated that he is drafting a letter to the State of Illinois requesting that they consider working with the City with regards to improving Routes 47 and 34. He stated that all the communities around Yorkville (Route 34 in Plano and Oswego and Route 47 in Sugar Grove and Morris) either have four -Iane highways or are slated for a four -lane highway. He stated the he was also going to ask the state to seriously investigate redirecting truck traffic that does not have specific dealings in Yorkville in an effort to avoid public safety issues. He stated that he had nothing against the trucking industry however this continued traffic could create problems in the future. Aldermen Burd and Munns noted traffic problems on both Routes 47 and 34. Alderwoman Spears stated that she thought that trucks are not allowed on Orchard Road in Oswego unless they have business there. Mr. Graff explained that due to oversized load permits, trucks are required to use the nearest state highway. EXECIJIIVE SESSION None. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Besco; seconded by Alderwoman Ohare. Motion approved by a viva voce vote. Meeting adjourned at 8:30 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois CITY COUNCIL MEETING June 8, 2004 PLEASE PRINT NAME: ADDRESS: 1 � -3aa coyl 4105 SIGNIN Summary of United City of Yorkville Wetland Protection Ordinance for Water Quality & Stormwater Management Benefits J u ne 8, 2004 i l Process • Primary sources used to develop organization and standards were: o Kane Countywide Stormwater Ordinance o Lake Countywide Watershed Protection Ordinance o DuPage Countywide Stormwater & Floodplain Ordinance o Corps of Engineers • Distribution for comment • Public meeting Yorkville staff and consultant reviews and revision workshops Legal review Public Hearing June 8, 2004 (today) I Organization • Article 1: Authority purpose ose p p • Article 2: Definitions Article 3: Wetland Protection Standards & Permit Provisions • Article 4: Wetland Impacts & Mitigation Requirements Article 5: LongWMaintenance Provisions Article 6: Fees, Enforcement, &Penalties Article 7: General Provisions • Article 8: Variances & Appeals • Article 9: Administration Article 10: Performance Security • Article 11: Fee -in -Lieu of Wetland Mitigation Wetland Categories • Category I - < 1 acre & no HQAR • Category II - > 1 acre & no HQAR • Category III - Roadside & stormwater facilities that meet wetland criteria • Category IV - Wetland Impacts for restoration & enhancement projects • Category V - High Quality Aquatic Resource (HQAR) • Category VI - Farmed Wetlands PAGE 2OF2 General Standards Y Stream Buffers o 10 feet for stabilization with no land use change o 30 feet + 5 ft for each 1 % of slope steeper than 10% � o 100 feet for A or B streams • Wetland Buffers o 50 feet + 5 ft for each 1% of slope steeper than 10% o 100 feet for HQAR • Mitigation o Category I & II (non HQAR): Mitigation ratio = onsite o Category III (ditches & stormwater facilities): No mitigation but must replace water quality functions onsite o Category IV (restoration and enhancement projects): No mitigation provided net increase in function o Category V (High HQAR): Mitigation ratio = 10:1, onsite o Category VI (farmed wetlands): Mitigation ratio = I:1, onsite o Offsite mitigation: 1.5 to 3.0 times onsite ratio o Naturalized detention (meeting specific criteria) may be created within low quality wetlands and farmed wetlands o Fee -in -lieu for wetland impacts up to 1 acre under specific conditions • Monitoring period o Five years for wetland mitigation o Three year for detention within low quality /farmed wetlands �.. • Wetland hydrology protection for groundwater wetlands (fens & seeps) Direct discharge to streams & wetlands prohibited without pretreatment Protection of preserved isolated waters during development i CONSERVATION DESIGN FORUM �"o rv. ?tZk Cam.. Telephone (630) 966 -1000 Telecopier (630) 966 -1006 June 8, 2004 Mayor Arthur F. Prochaska Jr. and City Council United City of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 Dear Mayor Prochaska and City Council Members: We have received a draft of the United City of Yorkville Wetland Protection Ordinance for Water Quality and Stormwater Management Benefits. We were asked to review the ordinance and comment on it on behalf of the building industry. Our organizations represent the residential construction industry in the 8 -county metro area. In the timeframe allowed, I have circulated copies of the draft ordinance and have requested comments. We believe that if the ordinance is passed as proposed it will have a significant negative fiscal impact on the development community. We suggest that a technical review committee be established to discuss the ordinance that would have builder and 'developer participation that can protect the resources of the City while allowing a reasonable cost to development. A summary of our comments is as follows: Comments on United City of Yorkville Wetland Protection Ordinance ( The following comments are made pursuant to the published draft ordinance concerning wetlands. While much of the wetland ordinance follows the,established Corps of Engineers guidance related to jurisdictional wetlands, there are several items included in the ordinance that have severe economic repercussions for development in the Yorkville. City _limits and any area that may be . annexed in the near future. The development community Would in choosing to develop will need to take into consideration in its feasibility analysis for future development affected properties given. the potential severe economic constraints imposed if this ordinance is passed in its current form. We recommend that major changes be made before this ordinance is adopted. We recognize that the City has the ability to pass such an ordinance with or without State legislation. However, we request that the City make their ordinance conform more closely to existing county rules from Kane or Lake County. 605 LINDSAY CIRCLE, NORTH AURORA, IL 60542 WWW.WYNDHAMDEERPOINT.COM Mayor Arthur F. Prochaska Jr. and City Council United City of Yorkville June 8, 2004 Page Two Specific comments: This ordinance is to be effective in for watersheds as noted. There is little opportunity to provide the type of wetland protection and mitigation required by the ordinance in such a small geographic area. Even in Kane County it is difficult to find areas for development that avoid major wetland impacts and areas where mitigation sites could be developed. This lack of area for avoidance an_ d mitigation will ultimately lead to payment of fees to the City for a'fee in lieu of program and it is our belief that the city will few if any areas that can be developed to wetlands. This ordinance states that any wetland within 100 feet of a parcel under consideration must be identified and actions must be taken to prevent impacts on these off -site wetland areas. This is double distance imposed by the ordinance in place for the Kane County rule. While the distance is not a real issue per se, developers have little or no ability provide protection to off -site wetlands. Buffers are being required for any wetland that is over 0.25 acre in size and the minimum buffer width is 50 feet plus additional buffer based upon slope of land. The buffer requirement has a tremendous impact on the amount of land set aside and the ordinance does not give a clear indication of options. For instance, a wetland of 0.26 acres would require a 50 foot buffer (this would be only 15 feet in Kane County). The following table of wetland buffers is provided as an example of the economic impacts based upon the proposed ordinance: Wetland size Yorkville buffer Kane County Buffer Yorkville Increase (includes wetland) (includes wetland) over Kane.County (_ 0.26 acre 50 feet = 0.84 acres 15 feet = 0.38 acres 220% 0.50 acre 50 feet = 1.28 acre 15 feet = 0.69 acres 185% (minimum) When these concepts are translated to dollars, the costs of purchasing land and developing it for reasonable.priced houses increases dramatically. The costs are associated with not only to loss of buildable land; but the additional costs for roads that have to be placed outside of the buffers and the environmental costs for preparing planting plans, planting. areas, and monitoring the buffers for three to five years. It is unclear from the ordinance if the requirement to monitor a buffer area has to occur for three or five years. The increased cost -based upon the'ordinance would exceed $60,000 for the protection of a small wetland area. The ordinance states that only 15 % of the buffer can be used for passive recreation. This size constraint eliminates the establishment of a useable ADA path in the 50 foot buffer since 15 % of 50 are 7.5 feet. An ADA path would have to be at least 8 feet and preferably 10 feet. In the Mayor Arthur F. Prochaska Jr. and City Council United City of Yorkville June 8, 2004 Page Three Corps rules, the first 50 % of the buffer area is to be natural and the second 50 % can be used for stormwater retention and recreation. We suggest that this same standard be used. Also consideration should, be given to stating that detention basins, pre- treatment areas, and best management practices for water quality be acceptable within buffer areas. We suggest elimination of the use of percent slope as a factor in setting larger buffer limits. The standard for a buffer should be that a well established and maintained vegetative cover is present and no erosion channels should be allowed to develop. We recognize that buffer protection is an important feature, but respectfully request that a more reasonable buffer requirement be presented in the final ordinance. l The ordinance states that lot lines can not extend into wetlands or buffers. While this is a normal part of the Regional Permit rules for the Corps, on a local basis, if this is to be imposed, the City should state that the wetland and buffer areas can be used in setting the density of a site. This allows developers to provide a more reasonable priced housing for a site. Impacts are noted as being any impact (drainage, fill, loss of hydrology, loss of vegetative cover) for a wetland over 0.25 acres or a high quality wetland. Wetlands are broken down into categories based upon size, function and quality. We are suggesting that Farmed Wetlands (Category VI) be allowed to be excavated to form detention basins without the action being an impact. The reason is that this category of wetland is already severely impacted and has little habitat value. A stormwater basin is a permanent feature with known habitat features based upon _ dry or wet bottoms. - The basins provide erosion controls, sedimentation areas, habitat areas, ground water recharge areasi and aesthetics within a community. There is a lot of costs that are associated with the basins and the ordinance imposes a three year monitoring program on the basins plus some long term management. This concept is found in the Kane County ordinance. We further believe that since a stormwater basin provides superior habitat over many low quality wetlands,, that the establishment of an on -site basin should be considered as a pant of any mitigation requirement. At a minimum 25 % of the acreage devoted to the basin should count as wetland mitigation. One cannot state that a stormwater basin is not an acceptable replacement for a low quality wetland since all of the functions of a low quality wetland are inherently developed into the basin. Mitigation is, required for any impact over 0.25 ,acres. For ditches (category II1) no mitigation is required. For Farmed Wetlands (Category VI) mitigation is 1:1 and for other wetlands the ratio is 1.5:1. While this reflects the current Corps mitigation requirements,. the implementation of the mitigation program in the small restricted area of the City is a concern since insufficient areas will be available for mitigation for either a developer or the city to perform, wetland mitigation. Mayor Arthur F. Prochaska Jr. and City Council United City of Yorkville June 8, 2004 Page Four The proposal requirements for the Farmed Wetlands as detention areas does not appear to be a rationale approach. The ordinance states that a farmed wetland can be used for detention as long as the bounce does not exceed 4 feet during a 100 year 24 -hour storm event and not more than 20% of the wetland can be open water. Since farmed wetland have limited vegetation, a more reasonable approach is to allow them to be excavated and used as storm basins without any impact (negative) being associated with the action. Under the suggested language in the ordinance currently it is doubtful that any reasonable wetland habitat or vegetation would occur and the wetland area would provide little, detention. Under those conditions neither the City nor the developers would be happy with the results. The ordinance states that stormwater management can be conducted in Farmed Wetlands that have limited vegetation and provide a list of species. First of all the list is very short given the plants that are generally spotted in Farmed Wetlands. The list should include Curly Dock, Thistles, Polgonum species, and no vegetation (0 to 25% coverage). Delineations are supposed to be valid for two years from the date of the inspections. This is becoming a standard. However, the ordinance should provide that a wetland delineation report that has been prepared and approved by the city can be updated within four years of the date of initial approval of the report and supplemented with a new vegetative survey. This accomplishes the same concept as desired but controls costs. The growing season is noted as beginning on June 1 of a year. In most low quality wetlands, the vegetation is fairly well established by May 1 and little new vegetation is likely to be observed after this date. You can see a combination of last year's vegetation and the new growth and make a good floristic evaluation of a low quality wetland. The ordinance should be revised to state that j most wetland delineations can be performed after May 1 and only if the Floristic Quality is above 15 would a later vegetative survey be required by the City after June 1. No matter what time of year one does a survey, some plants will not'be recorded at a site so- effort should be made - only on higher quality areas. A mitigation'standard should include realistic performance such as the following. If a wetland of low quality is lost the mitigation should be within the range of the loss. The following table provides some examples: Wetland size Floristic Quality Mitigation Quality 0.30 acres FQI­ < 7 FQI = 7 + 3 = 10 . 0.5 acres FQI = < 12 FQI = 12 + 3 = 15 0.5 acres FQI = > 15 FQI = 15 + 5 = 20 Mayor Arthur F. Prochaska Jr. and City Council United City of Yorkville June 8, 2004 Page "Five No mitigation plan should include a performance standard that is greater than 20 since this is not reasonably accomplished. Mitigation is stated as being 1.5:1 for on -site mitigation. It is assumed that off -site mitigation in the watershed could have a higher ratio if a site could be found. Given that, the developers would simply pay a fee and not take on the burden of costs associated with finding a new area, performing wetland delineation for the new area, preparing plans, constructing the wetlands and . monitoring the off -site and on -site areas. This scenario has very high costs and is an unreasonable solution. The Letter of Credits or performance bonds should allow for a more reasonable buy down of the, funds set for the mitigation. Since most of the funds expended are for construction and initial planting, the buy down should be allowed one year after construction has occurred and when initial vegetative cover is apparent on the site. The three year period proposed to assure adequate hydrology is severe and not reflective of the overall costs" of a mitigation plan. The city should state that under some situations funds could be held longer and then stipulate. those conditions at the time the permits are to be released. Review Fees by City Consultants should be set at some cap. In the past the developers have had to pay for a consultant to prepare documents for a project and then pay fees that are equal to or exceed the original environmental costs for the review of the projects at the local level. If the ordinance is adopted, a fee schedule and time frame for review should be made part of the ordinance. The fees may have a small cost of living increase over the years. A 30 day time limit for review of an application submittal should be established and the consultants that review the projects should be held accountable. Summary Statement: Since the scope of this ordinance is far greater than other local ordinances (DuPage, Kane and Lake Counties) and exceeds the Corps of Engineers guidelines the consequences of the ordinance can not be fully measured. The ordinance applies to a very limited number of watersheds with limited resources. The practicality of implementing the ordinance given the land area involved is questionable and should be better understood before the ordinance is adapted. If the ordinance is deemed too stringent, quality developers, residential and commercial, may by -pass the City and move to other locations "with little or no wetland rules. Assuming that the City will apply the Ordinance to its own activities'it also has the potential to create large unnecessary expenses to the City. We would suggest that the City study ,the fiscal impact that this ordinance would have on the city if it is passed in its present form. There is always a, balance that must be achieved when trying to provide some level of environmental protection and some amount of reasonable, affordable growth. With rising costs for all levels of government, an ordinance that prevents reasonable growth can have severe fiscal impacts. Mayor Arthur F. Prochaska Jr. and City Council United City of Yorkville June 8, 2004 Page Six The proposed ordinance has a very large impact on the community and the potential to develop in the City limits as they exist now and as the City limits expand through annexation. There are severe consequences that can be associated with the proposed ordinance that are both intended and not intended. The consequence has significant economic impacts on the development community and the ability to deliver reasonably priced housing and'other development. We respectfully request that, a technical committee be established to discuss the ordinance and prepare that is more practicable and implementable. We would be willing to participate in the development of such an ordinance that can protect the resources of the City while allowing a reasonable growth scenario. Yours truly, Richard M. Guerard RMG /jmh cc: Tony Graff Northern Illinois Home Builders Association Tom Koenig c/o Hank Stillwell Concord Homes 300 E. Roosevelt 1540 E. Dundee Road 3rd Floor Suite 350 Wheaton, IL 60187 Palatine, IL 60074 Attainable Housing Authority Centex Homes Colin McRae, Executive Director Kevin Stough 1919 . South Highland Avenue 2250 Point Boulevard, Suite 200 Building A, Suite 227 Elgin, IL 60123 Lombard, IL 60148 David Bombach Home Builders Association of Greater Fox Saratoga Homes Valley 2625 Butterfield Rd, Suite 138S c/o Scott Stonebreaker, President Oak Brook, IL 60523 Stonebreaker Builders, Inc. 5 N 579 Creekview Lane John F. Kulczewski St. Charles, IL 60175 Wiseman Hughes 975 East 22nd Street Mac Airhart Wheaton, IL 60187 Airhart Construction - 500 W. Roosevelt Road Peter Tremulis West Chicago, Il 60185 Pulte Homes 2250 Point Blvd. Matt Fiascone . Suite 401 Inland Real Estate Elgin, Illinois 60123 2901 Butter -field Road Oak Brook, Il .60521 Art Zwemke Moser Enterprises, Inc. Richard Young 5th Avenue Station Kimball Hill, Inc. 300 East 5th Avenue, Suite 430 5999 New Wilke Road : Naperville, IL 60563 Building 5 Rolling Meadows, IL 60008 -4505 Anthony R. Pasquinelli Pasquinelli Construction Company Greg Collins 6880 North Frontage Road Concord Homes Suite 100 1540 E. Dundee Road Burr Ridge, IL 60527 Suite 350 Palatine, IL 60074 T: \W PDOCS \RMGLTS \yorkvWet]List. DOC