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COW Minutes 2007 04-18-07 I Pa 1 of [Approved 5/22/071 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE Council Chambers Wednesday, April 18, 2007 — 7:00 pm (moved to Wednesday due to elections) In Attendance: Cit-V Art Prochaska - Mayor John Wyeth — City Attorney Gary Golinski, Alderman John Crois — Interim City Administrator Valerie Burd — Alderman (arr. 7:1Opm) Eric Dhuse — Public Works Director Joe Besco — Alderman Susan Mika — Finance Director Rose Spears — Alderman Bart Olson — Assistant City Administrator Marty Munns — Alderman (arr. 7:08pm) David Mogle — Executive Director Parks & Rec. Jim Bock — Alderman (arr. 7:45pm) Jason Leslie — Alderman Bill Powell — Treasurer (by conference phone) Joe Wywrot — City Engineer Chief Harold Martin — Police Chief Lt. Don Schwartzkopf Glory Spies — Community Relations Director Guests Frank Beckley — Prairie Gardens Darrel Brown Tim Johnson Donna & Gary Cervelli Melissa Barnhart — Pilmer & Barnhart Renee Bowerman — Goodwill Lynn Dubajic — YEDC Mike Knoll — Owner, Lot 200 Greenbriar James Sparesus — Archiplan Int'l Russ Walter Heather Gillers - Beacon News Dean Tomich — DTD Investments Tony Graff — Brummel Realty Eugene Sheeley George Gilson Dan Kramer — Attorney Kathleen Orr — Attorney Robyn Sutcliff Kathy Farren — Kendall County Record The meeting was called to order at 7:00pm by Mayor Art Prochaska. PUBLIC HEARING: None I Page 2 of 7 (taken out of order) PUBLIC WORKS: 1. PW 2007 -67 State Purchase Dump Trucks Eric Dhuse reported that orders for trucks must be in by April 30 for 2008 purchases. If the budget passes next week, the trucks can be ordered. This moves to the consent agenda subject to the passage of the budget. 2. PW 2007 -68 Fox Hill and Sunflower Estates RFP Results English & Sons was the only bidder for this job and Mr. Dhuse recommended acceptance of the bid. This moves to the City Council consent agenda. Note: At this point Alderman Jason Leslie joined the meeting by conference call since he was absent due to a business trip. Attorney Wyeth said the Council must recognize that Mr. Leslie was a part of the meeting via phone, which was agreeable with the Council members present. 3. PW 2007 -69 Grande Reserve Unit 14 —Letter of Credit Expiration 4. PW 2007 -70 Grande Reserve Unit 15 —Letter of Credit Expiration These letters of credit are due for renewal on June 28 There was no further discussion and they will be moved to the City Council consent agenda. 5. PW 2007 -71 Raintree Village Unit 4 —Supplemental LOC Reduction #1 Joe Wywrot said this letter was routine and he recommended reduction of the $669,000 letter. This will move to the City Council consent agenda. 6. PW 2007 -72 Raymond Storm Sewer Outfall —Change Order #3 Mr. Wywrot reported this order is for additional work downstream in the Caledonia subdivision. The contractor had to pump water from the site each day. Mr. Wywrot recommended approval of this change order and it will move to the Council consent agenda. 7 PW 2007 -66 Greenbriar Lot 200 —Sidewalk Easement This matter was before a C.O.W. meeting in March and concerned a sidewalk easement that was dedicated years ago. This easement was shifted farther north after a previous landowner requested the easement (it crossed their lot) be vacated. The new owner is requesting the vacation with no replacement easement. Input was requested from property owners in Greenbriar and Prairie Gardens. This item also went to the Park Board for their consideration and they wish to maintain a trail easement. A petition of opposition signed by property owners was included as part of this agenda packet. Frank Beckley, 355 Garden Circle spoke briefly and said the property owners opposed the sidewalk. He asked who would maintain the sidewalk and clear the trash it might generate. Alderman Burd asked that this item be tabled until the Aldermen representing this area had a chance to canvass the residents. She asked that this be done in view of the proposed trail that the Park Board wishes to maintain. She said that the Council should move cautiously on this matter. Before vacating this easement, she said an alternate trail route should be explored. The Mayor l Page 3 of 7 added that the residents there never had an opportunity to express their opinion. This type of situation further solidifies the need for signage of such future actions, he said. Mayor Prochaska said that property farther north of this location could be an alternate route. Alderman Leslie said he had received phone calls about the possible re- routing. He said he could set up meetings next week to speak personally with residents and was asked to meet with some Greenbriar residents as well. Alderman Golinski said one of the Park Board members lives in Greenbriar and he asked Mr. Leslie to meet with the Parks representative. This matter will be tabled until the next Public Works C.O.W. (taken out of order) ECONOMIC DEVELOPMENT: L EDC 2007 -15 Building Permit report for March 2007 There were no comments on this report and no further action is required. 2. PC 2007 -04 His Grace Daycare —Special Use This agenda item appeared at a previous C.O.W. and the request has now been withdrawn. The owners have contacted Lynn Dubajic for an alternative site and this item is currently off the agenda. Alderman Golinski said he was disappointed to see the request withdrawn. Even though the suggested usage for this building in the industrial park was not industrial, he said he was concerned about the vacant buildings there. Alderman Besco said that building is not suitable for industrial use. No further action was taken. 3. PC 2006 -100 YBSD — Annexation and Special Use A shorter setback was requested at the expansion site on River Street. Public Works Director Dhuse said there was a steep bank on the river at that point. It was recommended to approve this, noting it is a special condition. Approval would be pursuant to staff recommendations on advice from Attorney Wyeth. 4. PC 2007 -06 Cobblestone Commons South —Final Plat and Amended Economic Incentive Agreement Attorney Dan Kramer was present to speak on behalf of this development. He said the stormwater would be handled on -site, but since part of the property to the north is not developed, he said there is a significant flow - through and would cause problems downstream. EEI was requested to design a creative approach to capture that water on -site. This development is located at the southeast corner of Rt. 34 and Eldamain and it was noted that other businesses have already shown interest in this location. The developers have met with IDOT to discuss a light to allow access. Attorney Kramer also noted that a number of years ago, a part of this property was traded for land in Fox Hill to build a park. This item will move to City Council consent agenda for next week. Page 4 of 7 S. PC 2007 -07 Goodwill Retail Store — Preliminary /Final Plat Renee Bowerman of Goodwill was present and said this store would be similar to the one located on Randall Road. She said it will provide employment training and it will be located by Menards on East Countryside Center. This moves to the Council consent agenda. 6. PC 2007 -08 Corn Holdings —Rezoning This concerns a 43 -acre parcel of land north of X -Pac for which the owner is requesting rezoning. Mayor Prochaska said he would not want a complete rezoning since there is overlay zoning north of this location (by F.E. Wheaton). He said either M1 or B3 zoning is allowed at this time and he recommended leaving it as flex zoning. Attorney Wyeth suggested that Travis Miller should be able to have input on this matter. If he concurs, the property could be designated as flex zoning. This could then be brought back next week and it could be placed on the agenda, however, not on the consent agenda. 7. PC 2007 -11 Fountain View —Annexation, Zoning, and Economic Incentive Agreement Attorney Dan Kramer said that the developer, DTD, built the commercial center across from the Walgreen's at the sound end of town and has requested annexation. It is also located across from the County building. Mr. Kramer said he has a standard economic incentive agreement and received a positive recommendation from the Plan Commission. The type of business is not yet known. The Mayor noted that several staff recommendations had been made to include certain additional language in the agreement. This will move to the City Council agenda contingent upon staff recommendations. 8. EDC 2007 -16 DTD Investments — Greenbriar Road Parcel —Economic Incentive Agreement Attorney Dan Kramer said this agreement is similar to the previous agenda item. This parcel is already annexed. If an auto dealer moved into this location, a different agreement might be requested, however, approval is requested for the standard agreement. Mayor Prochaska said the utility tax rebate being requested is not a rebate the City has ever granted and he asked for the attorney to research. This moves forward to City Council agenda. 9. EDC 2007-17 Tuscan Plaza TIFIRedevelopmentAgreement Demolition at this site has been completed and the owners are seeking to recoup demolition costs. Attorney Kathleen Orr was present and said that without reimbursement, the project could not go forward. The entire project is estimated to cost about $6.5 million and is the first one in the downtown TIF area. A $1.8 million reimbursement recommendation was made and it is on the condition that the developers have to spend at least that amount. Ms. Orr said that under TIF, reimbursement is never under 25 %. Ms. Orr said that one of the costliest aspects of the project is the underground parking that will require a carport elevator. Because of that, she said a request for 28% reimbursement would not be out of the question. Another unique facet is the proposed rooftop garden. The project will include both commercial space and 20 condo units. I i Page 5 of 7 Attorney Orr said she was seeking direction for the re- development agreement. Mayor Prochaska said that since this is the first TIF project, it is important that the City works closely with the developer. Since there are unique features to the development, he hopes the TIF will allow ingenuity. He complimented the plan to maximize the parking area at this location and he encouraged the reimbursement. Ms. Orr also said this is a good project since it offers mixed use in the downtown area. Alderman Golinski asked if there should be any concern if the reimbursement exceeds 25 %. Ms. Orr said it should be accommodated since it is no different than a brand new building project. The on -site marketing on the trailer was questioned by Alderman Besco, however, the attorney said this was allowable to sell the units quickly. This matter will move to the May 8 th City Council meeting. DETAIL BOARD REPORT BILL LIST): The following bills were discussed: Page 15: Who is the law firm for Sunflower that the City is paying? It is the bond counsel for the SSA ordinance on City's behalf. Page 20: Metro West? This is the Council of Governments to which the City belongs. Ms. Mika will further research the invoice. The bill list will moved forward to City Council agenda. PARK BOARD: No report. MAYOR: L Adhoc Technology Minutes: April 11, 2006, May 9, 2006 and June 13, 2006 This committee has disbanded and there had not been a vote to approve the release of these minutes. Since the committee members were not present to vote on their minutes, Attorney Wyeth said that the minutes would be information only, at this time. The Mayor said that if no changes are noted by next Tuesday, he will ask staff to release them. Alderman Spears questioned why the minutes were a year old. The Mayor said the meetings were continuously cancelled due to no quorum and the minutes could not be approved. 2. PS 2007 -06 Request to Purchase Digital Scales for Truck Enforcement Chief Martin said a second set of scales was desired and there was now enough money in the capital budget ($13,339) to move forward with this purchase. This moves to the City Council consent agenda for next week. I Page 6 of 7 3. ADM 2007 -28 Proposed FY 07108 Budget Raymond Outfall Discussion Mayor Prochaska noted that no check had been received yet from Ocean Atlantic for their share of the Raymond Outfall. Mr. Crois explained that the mortgage company working with Ocean Atlantic had gone bankrupt and a new company will be assuming the assets. Essentially Ocean Atlantic has no source to pay the money at this time. The Mayor said that the City could use some money from the reserve and he thought that the City could place a lien on the property. Alderman Leslie asked what guarantee the City would have to recoup the $500,000. He also felt the City should move forward with the financing. Attorney Wyeth was asked to look at possible legal action and Alderman Spears suggested the City should charge interest. Garbaize Contract Mayor Prochaska said there would be a substantial monetary increase with any garbage contract the City might sign. Rather than increasing property owners' fees, he suggested money not spent for new residents (due to a housing slowdown) could be used and he suggested reviewing it at the half year. Alderman Spears asked if the City could reconsider or negotiate with the present waste hauler — Waste Management. Mr. Crois said that Waste Management submitted three bids and all three were higher than the one accepted from Veolia. In addition, Veolia will increase their rates at a lower percentage after a 5 -year period. Alderman Spears also asked if the waste hauler's background and the company owner were investigated. They were investigated and it was noted that a number of their clients include north shore communities. They were found to have a solid reputation. The Council decided that a small user increase will be suggested along with other options of funding the increased fees. Research will be done and this will move to the City Council agenda. Other Budget Item Discussions • Computer equipment and software up 159% • Training conferences showed dramatic increases • Park contractual services up • Merit increase of 94% for Parks • Library expenses doubled, Library submits their own budget Discussion of Police Related Items Chief Martin said two Sergeants will be retiring this year and replacements must be trained. Also, two personnel will be attending each the Executive Management Program and the investigator training. Four new officers will be hired this year and there is no money in the budget for their training. Chief Martin said the officers must be state - certified. Page 7 of 7 The Chief said the clothing allowance is also down $5000- $7000. He requested money for these items, but does not know the source of the money. Alderman Spears said it is paramount to have the officers and have them trained. She recommended taking some funds from the $70,000 allocated for parties and community events for this important priority. Alderman Munns concurred with her and asked how money can be transferred to fill the needs of the Police Department. Ms. Spears recommended a residential moratorium to allow the City to meet the demands for services. Various suggestions were made regarding solutions for this matter and what monies could be transferred. Alderman Burd suggested taking funds from the facade program since there were no applications last year. A recommendation was also made to take some money from Community Events since not all the money will be used. Glory Spies will meet with the Finance Director to determine the amount that can be re- allocated. It was also noted that the State will reimburse the City for training from PTI. Mr. Munns questioned a memo from Ms. Mika that stated the traffic signal at Sycamore and Rt. 34 might be cut if a check was not received from Ocean Atlantic. Since this is a safety issue, it was noted that the traffic signal will not be cut from the budget. Ms. Mika will attach a memo detailing the changes to the budget and the revised budget will be brought back to the City Council meeting on April 24" ADDITIONAL BUSINESS: Alderman Spears asked about the warning sirens for future residents of the newly annexed property in Fox Township. Alarms will be installed as the area develops and it was noted that developers pay $75 per house towards the alarms. Chief Martin said the alarms have a 2 -mile radius. Alderman Besco said that he would be unavailable for meetings for the next three weeks due to a dramatic increase in business. Mayor Prochaska told the Council he will not be present at the rest of the landfill hearings because he wants to present comments. It was noted that there will soon be a cutoff date for comments. There was no further business and the meeting was adjourned at 8:57pm. Minutes respectfully submitted by Marlys Young, Minute Taker �-D i © United City of Yorkville AL -1A 800 Game Farm Road 1636 Yorkville, Illinois 60560 -�� Telephone: 630 -553 -4350 0 ®! 5 ~ ® Fax: 630 -553 -7575 PLEASE SIGN IN, MEETING: 6 U . DATE: 1 'i- -- 0 NAME NAME COMPANY PHONE NUMBER .� n U `7 F►r?GipGAzS yq io � �e- 5•s3��yt� I I I I United City of Yorkville AL ® 800 Game Farm Road 0 _ 1636 Yorkville, Illinois 6056 -� Telephone: 630 -553 -4350 o ®! Fax: 630 - 553 -7575 -dO C W �. NenOSd mnEy k` (� E PLEASE _SIGN IN, MEETING: DATE: / o 7 NAME COMPANY PHONE NUMBER s SS 3 / L� 3 7 ;L0 j 4q,7 /In I K r 0 6 (( reelA b U (� Lo - r �d 0 � BS= ��25 i,--'D C1A United City of Yorkville 800 Game Farm Road 1636 Yorkville, Illinois 60560 4 -� Telephone: 630 -553 -4350 O ® Fax: 630 -553 -7575 KeMO Camly `� PLEASE SIGN IN MEETING: C DATE: — �� - ° 1 7 N AMP COMPANY PHONE NUMBER C��a 'I