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COW Minutes 2007 08-28-07 Page 1 of 6 g �i!'k'ROVl. By f'(1TINf,11. UNITED CITY OF YORKVILLE ( q - COMMITTEE OF THE WHOLE CITY COUNCIL CHAMBER August 28, 2007 7:05 P.M. ELECTED OFFICIALS PRESENT: Mayor Valerie Burd Alderman Rose Spears Alderman Joe Besco Alderman Robin Sutcliff Alderman Jason Leslie Alderman Wally Werderich Alderman Marty Munns City Treasurer Bill Powell Alderman Arden Plocher City Clerk Jackie Milschewski CITY STAFF PRESENT: Interim City Administrator Olson Police Lieutenant Hart Interim City Attorney Roth Community Development Director Miller Public Works Director Eric Dhuse City Engineer Wywrot Police Chief Martin Public Relations Officer Spies GUESTS: See attached list. PRESENTATIONS None. EXECUTIVE SESSION Attorney Roth noted that a motion was in order to recess to executive session for matters of review and discussion of minutes of executive session meetings and pending litigation. Mayor Burd entertained a motion. So moved by Alderman Werderich; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes -7 Nays -0 Spears -aye, Sutcliff -aye, Werderich -aye, Besco -aye, Leslie -aye, Munns -aye, Plocher -aye The City Council entered into executive session at 7:06 p.m. and returned to regular session at 8:10 P.M. DETAILED BOARD REPORT - BILL LIST Alderman Spears questioned the following items on the bill list: o Page 7, Fox Country Players in the amount of $524.84 - Director Mogle explained that this was for the production put on by the players at the River Front Park. o Page 11, Kendall County Record for "Theatre in the Park" in the amount of $538.98 - this bill was for the advertising for the Fox Country Players. Mayor Burd noted that the event was well attended and suggested getting sponsors in the future. There were no further comments or questions. The Bill List was moved on to the August 28, 2007 City Council agenda. Page 2 of 6 MAYOR COW 2007 -16 Sponsorship Requests a. Nation's Voice on Mental Illness b. Mutual Ground, Inc. c. Fourth Annual Yorkville Area Chamber of Commerce Golf Outing d. Bristol - Kendall Fire Department Fireworks Sponsorship e. DeKalb, Kane South and Kendall Counties, Inc. Baseball Sponsorship f. Rolling on the River Sponsorship to benefit Hoover Educational Center g. Trinity Church United Methodist h. Chamber of Commerce River Night Alderman Sutcliff asked how much was budgeted for donations and it was clarified that the overall budget is $1,500.00 /year with donations being made in $250.00 increments. Alderman Spears commented that she was not comfortable with the City Council voting on this because in the Human Resource Commission screens requests and keeps strict records of what has been approved. She noted that the request from Nation's Voice on Mental Illness and the DeKalb, Kane South and Kendall Counties, Inc. Baseball Sponsorship are from the same organization. One is the regional group and the other is the local group. She stated that if the HRC had screened the requests, they would have discovered this. She explained that an organization is allowed only one sponsorship per year. Contributing to both requests would be authorizing $500.00 to the same group. She stated that there is a recommendation in the Council's information to not approve the request from the Trinity Church United Methodist church. She stated that the HRC is well aware that this church donated their facility and refreshments for three separate elder friendly summits. She felt that this should not be denied. In regards to the Chamber of Commerce River Night, she noted that the organization was asking for a police officer to be present for security and traffic control. Alderman Spears commented that the HRC would have contacted the Chamber to see if they were also requesting fees to be waived. She asked Mrs. Spies if this had been done. Director Mogle stated that he was just informed that they are requesting the park fees be waived. Alderman Spears recommended that the sponsorship request go back to the HRC for review, recommendation and approval. There was a brief discussion regarding the HRC (the chairman's responsibility, Mrs. Spies roll with the commission, etc.). The sponsorship requests were sent back to the HRC for their review. 2. COW 200747 Request for Mechanical Amusement Device License —Sawmill Pizza Mayor Burd reported that Sawmill Pizza will be re- opening under new ownership and they are requesting a Mechanical Amusement Device (MAD) License. There was some discussion regarding the license held by the former owner, other pizza restaurant's licenses and removing the approval of MAD licenses from the City Council and giving it to staff. It was the consensus of the Council to move this to the August 28, 2007 City Council consent agenda. 3. COW 2007 -18 Library Tax Discussion Mayor Burd reported that this issue was brought forward because of the problem caused by the library levy being forgotten and then two years worth levied this year. She stated that some people feel they are being unfairly taxed because they have just moved into Yorkville; they did I I Page 3 of 6 not own their home during the first year of the levy. Five hundred households could possibly seek relief. She explained that staff was looking for input on the matter. Alderman Spears indicated that she has received telephone calls and emails regarding the problem and she questioned why citizens are being charged for the city /county error. She felt that the residents should not be responsible for the error. Alderman Besco agreed. Alderman Werderich explained real estate closings and the tax credit given to home owners at closing for past taxes. He cautioned the Council in giving relief. Attorney Roth stated that Alderman Werderich had a good point and agreed that the Council should approach this with caution. There was some discussion regarding taxes and house closings, the levy, the burden of a rebate on staff, etc. Mayor Burd asked Attorney Roth to research a possible rebate and bring this back to the Council for further discussion. 4. COW 2007 -19 Discussion of Legal Fees for Annexations Mayor Burd asked the City Council if they would consider waiving the legal fees for an annexation. Staff reported to Mayor Burd that Virginia Wells has filed a petition for annexation. As the city waived the fees for the adjacent properties, the petitioner is asking that their fees be waived also. Alderman Leslie asked Attorney Roth for a legal opinion. Attorney Roth stated that there might be city interest in annexing this property so they should pay the legal fees which are estimated to be $7,500.00. It was the consensus of the Council to waive the fees for this particular piece of property. ECONOMIC DEVELOPMENT COMMITTEE 1. EDC 2007 -32 Monthly Building Permit Report for July 2007 Alderman Leslie asked Interim City Administrator Olson to report on the Building Permit Report. Mr. Olson commented that the city is behind on its projections. He indicated that permits are at about half of what he estimated and at half of where they were last year. He stated that he is looking at the capital budget as it relates to development and will report back to the Council as the revised budget gets closer. 2. EDC 2007 -33 Monthly Plan Commission Report for August 2007 Alderman Leslie asked Director Miller to deliver the report. Director Miller reported that a public hearing was held at the Plan Commission meeting for Jake Land Group. He indicated that the petitioner has requested that the public hearing be continued to a later date due to the petitioner entering into contracts for additional property. If obtained, they attend to include this property in the Planned Unit Development (PUD) and will need to submit a new application and have a new public hearing. 3. EDC 2007 -24 Kalant Development Rezoning and Development Agreement Alderman Leslie reported that the comments and concerns of the Economic Development Committee were addressed. He turned the floor over to Director Miller who explained that the B- 2 zoning does not allow for the existing structure to remain where it is. A variance for setbacks will be needed and this is not requested in this agreement. He stated that the development agreement is not tied to the zoning so two separate ordinances are needed. Page 4 of 6 Alderman Leslie noted that the petitioner has agreed to all the terms and that the Committee recommends approval with conditions. Alderman Spears questioned that the right -of -way line for Route 47 appears to be 2' away from the existing building. Director Miller explained that the improvements will not be 2' away but rather about 10' away. There was a short discussion regarding running a business out of the house, preserving an historic house, etc. It was the consensus of the Council to move this to the August 28, 2007 City Council agenda. 4. EDC 2007 -30 Tuscan Plaza —Redevelopment Agreement Amendment —Developer Note Provision Alderman Leslie asked Attorney Kathleen Orr to attend and explain the note provision to the City Council. Attorney Orr explained that the City Council approved a redevelopment agreement for this property in May 2007 which provided for reimbursement from the city of eligible redevelopment project costs in an amount not to exceed $1,833,000.00. The developer's lender has requested a Developer Note to provide credit enhancing evidence of the City's obligation to reimburse the costs. Attorney Orr explained that the city's liability is still the same and that the note indicates the city's obligation to reimburse is conditional of tax increment financing repayment. She indicated that this note will assist the developer in getting financing and the city should assist in this matter in order to get the project done. Attorney Roth indicated that he reviewed the documents and agreed with Attorney Orr. It was the consensus of the Council to move this to the August 28, 2007 City Council agenda. PARK BOARD L PKBD2007 -18 Grande Reserve Park A — RFP Results — FYI Director Mogle presented RFP results and indicated that the budget for this park is small with a total commitment of $36,620.00. He presented the design to the City Council. 2. PKBD2007 -19 Grande Reserve Park B — RFP Results - FYI Director Mogle presented the park plan (castle theme) to the City Council. He explained that this will be a developer built park with a fabric shelter and this will be the first time the Parks Department will use this type of shelter. The cost for the playground is $30,569.00. Alderman Sutcliff inquired about a name for the park and Director Mogle indicated that the park will named but not at this time. PUBLIC SAFETY COMMITTEE 1. PS 2007 -16 Request to Amend Liquor License Ordinance Regarding Patio Licenses Page 5 of 6 Alderman Spears reported that the Committee was originally given two versions of the ordinance which were discussed. She stated that no consensus was reached for a preference in ordinances. Alderman Spears took issue with #3 (page 3) of version #1 of the ordinance which requires a site plan showing structures, fences, chairs, etc. She felt that this was micro - managing and businesses have the right to select tables, chairs, etc without input from the city. Alderman Besco asked if staff had received any input from the Building Department regarding minimum square footage for a patio. Assistant City Administrator Olson stated that he did not ask them to research this. He felt that if there was an issue with the size of a patio, it would come up when the building permit is issued. Alderman Besco stated that he would like this addressed in the ordinance. After a brief discussion, it was the consensus of the Council to move version #2 to the August 28, 2007 City Council consent agenda. CITY COUNCIL REOUESTS 1. COW 2007 -19 Committee Liaison Appointments Discussion Alderman Spears reported that the Public Safety Committee was trying to select liaisons for various committees. She stated that she has been involved in this process several times. In the past, it was the responsibility of the committee chairperson to select liaisons so she made this selection however there were objections to this. She suggested that the matter be brought forward to the entire Council for discussion. Another issue was that appointments made during a COW meeting may be null and void. Alderman Leslie stated that he read the ordinance and his first assumption was it the chairman's responsibility. However, after reading it again he understood the appointments were the responsibility of the committee as a whole. He noted that it the past it has been hard to get people to be liaisons and to attend the meetings. There was some discussion regarding breaking a tie for an appointment, the disparity in the number of liaisons assigned to each committee, appointing someone outside a committee, etc. Mayor Burd explained that she wrote the Governing Ordinance in such a way because previously the mayor made the liaison appointments. She felt that the previous administration used this to reward or punish people. She did not want this type of situation to occur again and she was hoping for a more democratic process. Now the mayor is totally out of the process and it is up to the committee members as to how they want to handle the liaisons. Attorney Roth commented that the mayor asked him who has the power to make the appointment and per the ordinance it is the responsibility of the committee not the chairman. Mayor Burd stated that Alderman Leslie suggested to her that the ordinance be rewritten. She commented to him that the chairman would like this but she didn't know why any one who is not a chair would vote in favor of this. Alderman Leslie stated that he would be open to reconsidering the ordinance if anyone wants to bring this forward. Page 6 of 6 There was further discussion about equaling out the liaisons between committees, how the liaison to the Yorkville Economic Development Corporation is based on the Yorkville Economic Development Corporation by -laws, readjusting the current ordinance, selecting liaisons from outside a committee, etc. There was a discussion regarding the validity of previous appointment made at a COW meeting. Mayor Burd stated that when these appointments were made, no one objected to them so they stand. After discussion, it was the consensus of the Council (four to review, three against review) to review the Governing Ordinance. This will be brought back to the September 11, 2007 COW meeting. ADDITIONAL BUSINESS Banning Iee Cream Venders Alderman Leslie commented that in the past he has brought up banning ice cream venders. He noted that there was an article in the August 27, 2007 Beacon News indicating that Sugar Grove is considering banning ice cream venders. It was indicated that this is under discussion by the Public Safety Committee. Comprehensive Plan Update Alderman Sutcliff asked where the Comprehensive Plan Update stood. Mayor Burd indicated that it had not started yet but will be undertaken by the Plan Commission soon. There was no further additional business. The meeting was adjourned at 9:37 P.M. Minutes submitted by Jackie Milschewski, City Clerk I I �I I II