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COW Minutes 2007 08-14-07 I Page 1 of 9 Approved 8/28/07 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE CITY COUNCIL CHAMBER August 14, 2007 7:56 P.M. ELECTED OFFICIALS PRESENT: Mayor Valerie Burd Alderman Rose Spears Alderman Joe Besco Alderman Robin Sutcliff Alderman Gary Golinski 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 Sergeant Hilt City Attorney Roth Community Development Director, Miller Finance Director Susan Mika Human Resource Manager Kasper Public Works Director Eric Dhuse Director of Parks & Recreation Mogul Police Chief Martin Public Relations Officer Spies City Engineer Wywrot GUESTS: See attached list. PRESENTATIONS None. DETAILED BOARD REPORT — BILL LIST Alderman Spears questioned the following items on the bill list: o Page 12, Law Offices of Daniel Kramer in the amount of $3,835.70 — she asked that this be removed from the bill list at this time until the matter can be discussed further. o Page 9, City Suburban Appraisals in the amount of $1,200.00 — she asked if this was paid out of the Land Cash Fund. Director Mogle explained that this was for the appraisal of the Grande Reserve Park B and was a requirement for a donation. The fee will come out of the Prairie Meadows Land Cash. o Page 9, Civil & Environmental — Brownfield Consult in the amount of $34,341.77 — she asked if this would be reimbursed. Director Miller indicated that this would be reimbursed by a grant. The consult is for the downtown remediation work and is the engineer's analysis of the contamination. Alderman Besco questioned if the contamination was on private property and Director Miller indicated that is on three properties, the city's, the FS property and the Farm Bureau property. o Page 14, Engineering Enterprises, Inc. — for radium compliance in the amount of $284.00 - she asked if the city was radium compliant and Director Dhuse stated that the city is. Page 2 of 9 o Page 18, First Place Rental in the amount of $1420.13 for paint and stakes — she questioned what the bill was for and Director Dhuse explained that this is for the purchase of JULIE supplies. o Page 54, Yorkville Ace and Radio Shack in that amount of $149.99 for a camera — Director Dhuse explained that this was for the purchase of a camera needed for well documentation purposes. o Page 38, Kathleen Field Orr & Assoc. in the amount of $1,125.00 for the Countryside TIF. Director Mika explained that in the future these charges will be re- classified as a TIF account item and a separate line item will be needed Alderman Sutcliff questioned the following items on the bill list: o Page 23, Intersec Intersect, LLC in the amount of $23,355.00 for the Fox Moraine Landfill Traffic Impacts and page 53, Wildman, Harrold, Allen in the amount of $96,119.73 for the landfill — she asked if the petitioner will be responsible for these charges and Interim City Administrator Olson stated that the city pays the bills and then the petitioner reimburses the city. Alderman Munns asked what the rate was for the Wildman, Harrold and Allen bill. Attorney Roth stated that he had not seen the bill so he did not know the rate used. Mr. Olson explained that the bill gives a breakdown and shows that various rates were used. Alderman Munns asked what was the highest rate used and Mr. Olson started it was about $390.00 /hour. Alderman Werderich questioned a bill on page 17, English & Sons Landscaping Inc. in the amount of $6,171.20 for Sunflower Estates SSA expense. He asked how the SSA cost was determined and broken down. Director Dhuse explained that the invoices for services are added together at the end of the year and this determines the SSA amount for the coming year. There were no farther comments or questions. The Bill List was moved on to the August 14, 2007 City Council agenda. ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA 1. PC 2007 -16 Yorkville Crossing Unit I (Wal-Mart) — Final Plat 2. ADM 200 7-5 7 Monthly Treasurer's Report for June 3. ADM 2007- 63Revised FY 07108 Library Budget 4. PW 2007 -94 Water Department Report for May 2007 S. PW 2007 -95 Water Department Report for June 2007 6 PW 2007 -96 Grande Reserve Unit 2 — Letter of Credit Expiration 7. PW 200 7-9 7 Grande Reserve Unit 12 — Letter of Credit Expiration 8. PW 2007 -98 Grande Reserve Unit 14 —Letter of Credit Expiration 9. PW 2007 -99 Grande Reserve Unit 15 — Letter of Credit Expiration 10. PW 2007 -100 Grande Reserve Unit 20 — Letter of Credit Expiration 11. PW 2007 -101 Grande Reserve Unit 23 — Letter of Credit Expiration (Landscaping) 12. PW 2007 -102 Grande Reserve Unit 23 — Letter of Credit Expiration (Sitework) 13. PW 2007 -103 King Street Raw and Finished Watermain — Change Order #2 14. PW 2007 -106 In -Town Road Program — Construction Materials Testing Agreement 15. PW 2007 -109 Yorkville Business Center Units 2 & 3 — Final Acceptance & Bond Reduction 16. PW 2007- 110IDOT Highway Permit and Resolution- Route 47 & Wheaton Avenue Intersection Improvements 17. PW 2007 -113 Raging Waves — Sitework LOC Reduction #1 Page 3 of 9 18. PW 2007 -117 Signage on State Highways —Excessive Engine Braking 19. PW 2007 -122 Whispering Meadows Unit I —Bond Reduction 20. PW 2007 -123 Whispering Meadows Unit 2 —Bond Reduction 21. PW 2007 -124 Whispering Meadows Unit 4 — Bond Reduction There were no comments or questions on the consent agenda items. These items were placed on the August 14, 2007 City Council Consent Agenda for approval. MAYOR COW 2007 -13 State of City Report Due to the length of the agenda, Mayor Burd deferred this report until the Committee of the Whole meeting in two weeks. Metropolitan Mayors Caucus' Greenest Region Compact Mayor Burd asked the City Council to approve a resolution endorsing the Metropolitan Mayors Caucus' Greenest Region Compact which provides guidelines to meeting a green design. At the Caucus, Chicago's Mayor Daley indicated that he would like the area to be the "greenest" in the nation. He asked area communities to work together to reach this goal. Alderman Spears asked if there was any cost involved and Mayor Burd stated there was not; the resolution shows Yorkville's commitment to the program. Alderman Golinski suggested revisiting the resolution in several months to see if the city is achieving its goals. Mayor Burd indicated that the vision statement for the city should be done in September and a goal setting session will be held to revisit the vision and goals of the city. She explained that it is the goal of the city to make the bronze level of the compact and that she will have more information about this at the next COW meeting. This item was placed on the August 14, 2007 City Council regular agenda for approval. ECONOMIC DEVELOPMENT COMMITTEE EDC 2007 -32 Westhaven Rezoning Ordinance Alderman Golinski reported that this was reviewed by the Economic Development Committee and it was the unanimous consent of the committee to approve the rezoning. Alderman Spears asked the reason behind the rezoning and Director Miller explained that Lakewood Falls has asked for an amendment to the PUD which has been approved and recorded. He further explained that part of the agreement indicated that if a developer did not acquire the property, the owner could request rezoning of the commercial area. There is no developer interested in the property at this time. Alderman Spears asked if the property could be vacant forever and Director Miller stated that it could. This item was placed on the August 14, 2007 City Council regular agenda for approval. COW 2007 -1 S Yorkville Crossing Unit I — Time Extension for Recording Request Alderman Golinski reported that this was reviewed by the Economic Development Committee and it was the unanimous consent of the committee to approve the request. Page 4 of 9 Alderman Spears asked why December 31, 2007 was the date used for the extension. Director Miller explained that the petitioner will be having the Mylar prepared however it should not take four months for this. The petitioner asked for additional time just in case this takes longer than anticipated. He indicated that the PUD is still under negotiation and should before the City Council in September. PARK BOARD Director Mogle introduced the two interns, Ryan McReynolds and Shay Rosborough, who have been working in the Park & Recreation Department over the summer. He stated that they have been getting an understanding of what municipal government is all about. PUBLIC WORKS COMMITTEE PW 2007 -105 In -Town Road Program — Heustis Street Trees Alderman Besco reported that the committee reviewed the proposal to plant sixteen parkway trees on Heustis Street between Van Emmon and Fox. The cost for these trees was $8,610.00. The committee discussed the five trees along Game Farm Road (in front of the Library) that need to be removed for the reconstruction of that street. It was determined to be financially prudent to transplant the trees to Heustis Street. He indicated that after the sidewalks are installed there will be areas where the parkway may not be large enough for trees. This allows for time to see if additional trees will be needed. The transplantation will be done in -house this fall to further save funds. The committee agreed to this suggestion rather than the proposal. Mayor Burd and Alderman Spears complimented on the committee for a job well done. PW 2007 -107In -Town Road Program — Sanitary Manhole Replacement — Change Order #2 Alderman Besco reported that the existing manhole on Orange Street needs to be replaced because it is leaking. The lowest quote for the replacement is $15,500.00 from R.A. Ubert. Funds are available in the In -Town Road Program. The committee recommends that this move forward to the City Council for approval. This item was placed on the August 14, 2007 City Council regular agenda for approval. PW 2007 -125 In -Town Road Program Phase 2 — Discussion of Resident Concerns Alderman Plocher reported that he called a meeting for Ward II residents to discuss their concerns with the road repairs. Residents were split on whether the program should move forward or not. The engineers have met individually with residents for discuss their specific concerns and to resolve any issues and it is his recommendation that the project move forward as the issues have now been addressed. Mayor Burd suggested that the Council discuss the level of quality they would like for the streets so it can be applied to future projects. Andy Mrowicki with Smith Engineering displayed "before and after" photographs showing how the street conditions have been improved so far. He indicated that they understand the concerns of the residents. In an effort to address the individual concerns, the engineers have met with the residents affected and walked the area to try to address any other potential concerns. He indicated that they prepared exhibits (see attached letter dated August 14, 2007) addressing the major concern at Heustis and Fox (the Baker property). The probable cost to satisfy the esthetic concern that Mr. Baker has is approximately $450,000.00. They also took the original contour grades obtained during the design phase along with more shots of the yard to get more drainage Page 5 of 9 information for the Baker property and found that the property eventually drains so there should not be standing water on the property. Interim City Administrator Olson stated that since the ward meeting, Smith Engineering has met with residents and staff. The aldermen were sent a list of citizen concerns stemming form the meeting. Even though they attempted to tackle the concerns there are still a few citizens not satisfied with the esthetic appeal of the curb and drainage. He stated that he has had lengthy discussion with Smith Engineers regarding drainage and he is not convinced there will be a major drainage concern in the area. There maybe minor issues that may appear after the project is finished and these will be addressed accordingly. He indicated that a major concern is the curb height in the area of Heustis and Fox. It was explained to the residents in this area that they won't flood and the alternative road repairs and cost were presented to them. Mr. Olson also discussed the three original policy options presented to the City Council for the repair of the street; resurfacing, recycling (the option chosen) and complete reconstruction (most expensive). The handout from Smith Engineering goes over the cost for the complete reconstruction. Alderman Besco thanked Smith Engineering for tolerating the confusion of the project. He clarified that grade on Heustis Street has a lot to do with the grade on Fox Street. Mr. Mrowicki indicated that this was correct. Alderman Besco stated that he has been up and down Heustis i Street and has spoken with the Baker's. He stated that out of the properties affected by the project, Baker's has the most challenges however the issues have been addressed by the engineers and the project should move forward. The longer the city takes, the more it will cost to resurface the road. Alderman Besco stated that in the future if a problem like this arises, there should be closer communication between the City Council, staff and contractors. Mayor Burd noted that residents have voiced a concern about standing or frozen water in the winter. She suggested that another ward meeting be held in the winter to revisit the project to see if there are still any concerns. Alderman Besco asked staff to stay in touch with the residents and to check the street after rain or snow. PW 2007 -108 In -Town Road Program Phase 3 — Discussion Alderman Besco stated that the Public Works Committee discussed the future of the In -Town Road Program and they agreed that the program should continue. They discussed funding, lists from the aldermen of streets needing repair, etc. He stated that the biggest Conner was the funding for the project. He asked for suggestions from the City Council. Alderman Spears asked that Palmer Court be addressed. She noted that it was previously on the program's list however it was removed and the $70,000.00 allotted for the street went to Gawne Lane. She wanted to know how this will be corrected; was Palmer Court on the bottom of the list? Director Dhuse explained that Palmer Court was bumped off the list because funds from the Ocean- Atlantic project were not received. The Gawne Lane improvemetns were part of the agreement when the property for the Bruell Street pump station was purchased. She requested that Palmer Court be placed on the top of the list when funds are identified. She also asked that when an updated list is prepared it be given to the City Council along with a map of the streets. Alderman Besco indicated that the program will be on the next few Public Works Committee meeting agendas for discussion. The committee wants to actively work with the finance department to identify funds. Street suggestions should be submitted to Mr. Olson. Director Dhuse asked that the Council submit their lists by the next Public Works Committee meeting so streets can be identified and funding discussed, etc. so that the project can be kept on a good time frame. i Page 6 of 9 Alderman Werderich commented that since the bridge accident in Minnesota, there may be more State funding freed up for road projects. Mr. Olson explained that before the state budget was approved, the Governor was pushing for the capital or operating budget to be approved. This did not happen and it is not anticipated to happen. The infrastructure funds that would have been freed up would have gone to bridges first. If the capital budget would have been approved, Yorkville would have had $5 million for Route 47. PW 2007 -112 Kendall Marketplace — Earthwork LOC Reduction #1 Alderman Besco asked City Engineer Wywrot to explain this to the Council. Mr. Wywrot explained that the developer has requested that the existing letter of credit (LOC) for earthwork be released. He indicted that the work is substantially finished however the original LOC was suppose to be in the amount of $3,268,504.25. The city agreed to accept a LOC in the amount of $250,000.00 with the understanding that a LOC for the balance would follow when the developer closed on the property. This supplemental letter was never received. Because of this, Mr. Wywrot recommended not to reduce the LOC. It was the consensus of the committee to follow Mr. Wywrot's recommendation. There was some discussion regarding asking the developer for the supplemental LOC however a majority of the aldermen present felt it was not necessary to proceed with this. PW 2007 -114 Fox Hill Subdivision — Entrance Island Landscaping /Sycamore & Diehl Farm Alderman Besco reported that the Ward III aldermen have requested landscaping for the Fox Hill Subdivision entrances. Staff has proposed a plan with an estimate of $2,323.00 for landscaping. The work will be done in -house in order to save money. Due to the narrow size of the islands, it was felt that durable plants would do better than trees or shrubs. There was discussion regarding the types of plants to be used and the recycling of plants from other locations in the city. The landscaping will begin this fall and be completed in the spring. PW 2007 -116 Proposed Professional Engineering Agreements for Well and Water Tower Rehabilitation Alderman Besco reported that the agreements were discussed by the Public Works Committee and the members all agreed to move forward with them. Director Dhuse explained that the agreements will cover the rehab of Well #4 and the water tower on Tower Lane. This was initially discussed several years ago however the well couldn't be taken out of service at that time but now it can. There were no comments or questions. This item was placed on the August 14, 2007 City Council regular agenda for approval. PW2007 -119 Sale of PW Equipment and Vehicles Director Dhuse reported that there a list of vehicles and equipment that he is asking permission to sell through a sealed bid process. He explained that the vehicles are scheduled to be replaced and that he has had good luck in the past with the bidding. Alderman Besco indicated that the Public Works Committee would like to see this move forward. It was also suggested that the items could be sold on EBay. There was some discussion regarding the low mileage on some of the trucks and the wear and tear placed upon them by snow plowing. Director Dhuse indicated that new replacement vehicles have already been ordered and that the City Council can refuse to accept any bid. This item was placed on the August 14, 2007 City Council regular agenda for approval. Page 7 of 9 PW 2007 -111 Kendall Marketplace — IDOT Highway Permit — FYI City Engineer Wywrot explained that the permit allows for the reconstruction for Route 34 along the Kendall Marketplace property. The plan that IDOT approved does not include signals with pedestrian access as required by the trail system. The developer is aware of this and agreed to submit revised plans to IDOT. Mr. Wywrot stated that he met with the developer and their traffic consultant and this will done this week. It was the recommendation of the Public Works Committee to approve this. PUBLIC SAFETY COMMITTEE 1. PS 2007 -16 Request to Amend Liquor License Ordinance Regarding Patio Licenses Alderman Spears reported that the Public Safety Committee discussed the amount of patio licenses the city should issue. Assistant City Administrator Olson added that along with the number of licenses, the height of fencing around patio areas was discussed. He stated that he was operating under the assumption that unlimited patio licenses would be the norm however he has done further research. The City Attorney has recommended that the amount of patio licenses be kept at the amount currently approved. This allows the City Council to review each application and amend the code accordingly as the requests come in to the city. He noted that the Council members received two copies of the resolution; one in line with what the Public Safety Committee discussed and the other has more information than discussed but still meets the intent of the committee. The second one has not been reviewed by the Public Safety Committee. Attorney Roth added that it has not been his experience for a municipality to have an unlimited number of liquor licenses. He stated that a tool to control liquor in a community is to have a limited amount of licenses. Alderman Besco brought up for discussion the fence around Taylor Street Pizza's patio. He felt it was out of place and in a potentially dangerous location. He felt that the ordinance should set a standard by addressing size requirements, setbacks, etc. Mr. Olson stated that an additional section has been added to the ordinance requiring that an outdoor permit application include a detailed site plan. He also noted that any patio area is reviewed by the Building Department. Attorney Roth stated that the first draft of the ordinance basically addresses the fence height standard however the second one is more detailed and addresses other standards. There was a lengthy discussion regarding patio requirements. Some Council members felt that requiring the fencing around the patio to be 4' was too stringent and/or esthetically pleasing. After the discussion, it was the consensus that the height be 3' however this recommendation should be reviewed by the Building Department. Mayor Burd stated that currently the liquor commissioner (mayor) has the discretion to approve licenses. The current license without any changes works; fence height could be left to the commissioner's discretion. She noted that the City Council only sets the policy while the liquor commissioner determines the compliance to the policy. After some discussion, it was decided to have the Building Department review the Council's recommendation and then bring this back to the Public Safety Committee. ADMINISTRATION COMMITTEE ADM 2007 -58 Draft Agreement for Aux Sable Creek Watershed I Page 8 of 9 Alderman Munns reported that this item was unanimously approved by the Economic Development Committee. The cost is $3,500.00 per year for two years and several communities have already joined the program. There were no comments or questions. This item was placed on the August 14, 2007 City Council consent agenda for approval. 2. ADM2007 -26 Comp Time Discussion Alderman Munns reported that the Economic Development Committee unanimously supported the reduction of the comp time cap from 240 hours to 120 hours. Interim City Administrator Olson added that he had not heard any concerns from the staff since Tuesday, August 7, 2007 however he had not had a chance to have a follow -up meeting with staff. Alderman Golinski stated that based on research, the new policy is very gracious when compared to other communities. There were no comments or questions. This item was placed on the August 14, 2007 City Council regular agenda for approval. 3. ADM 2007 -60 Administrative Intern Job Description Update Alderman Munns reported that this was approved by the Economic Development Committee in a 3 -1 vote. Mr. Olson noted that this was an "FYI" item because he still needed the labor attorney's response. This item will come back to the City Council at a latter date. ADDITIONAL BUSINESS Signage for Excessive Braking Alderman Spears questioned time #18 under the items recommended for the consent agenda. She thought there already was an ordinance addressing this. Director Dhuse explained that there is an ordinance addressing excessive braking however this is required to change the verbiage on the signs. Mechanical Amusement Licenses Alderman Spears noted that Alderman Leslie asked her to bring this to the Council in his absence. She stated that the new sports bar, Legends, does not have their Mechanical Amusement License so they are unable to operate their pool tables, juke box, etc. She wanted to know why they don't have their license. Mr. Olson explained that the process for approving the Mechanical Amusement Licenses is outlined in the city code. The code requires a "sigh -off' by the city's Building Department and department s in Kendall County that control over food. The city must have the county's "sigh -off' before this matter come before the Council. This information was obtained too late to have this placed on the agenda tonight. He recommended that the matter come before a committee. John Pappas, owner of Legends, explained that he returned his licensing information to Deputy Clerk Lisa Pickering. He never heard back from anyone but the police came in to his establishment and advised him to shut down his mechanical amusement devices. He requested that the City Council allow him to continue his operation until the license is approved. Mayor Burd noted that under the Additional Business portion of a meeting, a request can be made to add something to a future agenda however there should not be any discussion. III Page 9 of 9 She noted that this would have to be placed on an agenda 48 hours prior to the meeting. Attorney Roth confirmed and explained that this cannot be raised as a matter of new business because it was not on the agenda. There was some discussion as to why the police checked the establishment. After a brief discussion, it was decided to schedule a Special City Council meeting on Friday, August 17, 2007 at 5:30 p.m. Attorney Roth gave notice of the Special City Council meeting. Committee Liaisons Mayor Burd encouraged the committees to name their liaisons. There was no further additional business. The meeting was adjourned at 9:45 P.M. Minutes submitted by Jackie Milschewski, City Clerk I I i