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COW Minutes 2007 03-20-07 Page 1 of 11 APPROVED 5/8/07 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE Council Chambers Tuesday, March 20, 2007 — 7:00 pm In Attendance: Cit-V Art Prochaska - Mayor Travis Miller — Community Development Director Rose Spears — Alderman John Crois — Interim City Administrator Joe Besco — Alderman David Mogle — Executive Director Parks & Rec. Jim Bock — Alderman Bart Olson — Assistant City Administrator Gary Golinski - Alderman Eric Dhuse — Public Works Director (=. 6:40pm) Valerie Burd — Alderman Susan Mika — Finance Director Jason Leslie — Alderman John Wyeth — City Attorney Marty Munns — Alderman Joe Wywrot — City Engineer Bill Powell - Treasurer Lt. Don Schwartzkopf — Police Department Laura Haake — Park Planner Guests Peter Raphael -Wm. Blair Dr. Randy Burggraf, Pearle Vision Robyn Sutcliff Rose Ann Uttich, Pearle Vision Tony Scott — Kendall County Record Rich Guerard, Wyndham Deerpoint Todd Milliron Deborah Fakton — Polsky & Associates Jamie Cheatham Donna & Gary Cervelli — Tuscany Real Estate Dick Johnston — Jimmy John's James Osagie — His Grace Christian Childcare Victoria Omoike — His Grace Christian Childcare Betty & Gary Bennett Mayor Art Prochaska called the meeting to order at 7:07pm. PUBLIC HEARING: None (out of sequence) MAYOR: S. COW 2007 -02 Kendall Marketplace —Trust Indenture, Bond Ordinance and Development Agreement Peter Raphael of Wm. Blair was present on behalf of Kendall Marketplace. This item is the special service area that will only be in place against the retail portion. The residential portion will not be part of this special service area. These SSA i Page 2of11 funds will be used for road improvements along Rt. 34 and Cannonball. To keep the tax to a minimum, he is asking for a 20 -year security bond to be paid by the retail tenants and property owners — Harlem Irving Corp. This SSA contains a provision to pledge excess business district taxes to also help keep this tax to a minimum. He said the documents are standard and they are looking towards an April bond issuance. This matter will move forward to City Council for consideration. (return to agenda order) ECONOMIC DEVELOPMENT COMMITTEE: 1. EDC 2007 -12 Sustainable Design Presentation Ms. Burd said many cities are moving towards "green designs" and Montgomery has adopted policies for their municipal buildings. She suggested Yorkville should establish a policy for use of "green" principles and offer incentives to builders. She said the State is looking at a policy that would mandate public buildings to meet certain standards. Ms. Burd invited speakers to discuss these new concepts. Alderman Burd introduced Cheryl Lee, CL Design Build, a custom homebuilder who has been building energy efficient homes since 2000. She spoke briefly about Energy Star Qualified Homes. Scott Cryder of Solara Systems also gave a brief presentation about renewable energy sources: solar, wind and geothermal. His company is installing energy efficient equipment on every building the City of Chicago owns. He said geothermal is the only method of both heating and cooling a building. Mr. Cryder said the State would currently pay 30% of the cost for solar or wind power and there is a 30% federal tax rebate. State grants are also available. He spoke about some of the projects his company is currently doing. The Kendall County Fairground is currently exploring having windmills for energy. As a result, the fairgrounds would have no electric bills for 10 out of 12 months. He said a 12.6 mph wind is required for full operation of a windmill. A third representative demonstrated a fabricated wall system using 5 -inch thick styrofoam that his company manufactures. He added that radon gas is vented through the basement. The life expectancy of this styrofoam system is 25 years and it is flame retardant. His company will be constructing a house with this material, at Rte. 34 and Trumbull. Mayor Prochaska directed the staff to research the present building code and what could be changed to incorporate these ideas. Travis Miller will bring building code recommendations to a future meeting. 2. EDC 2007 -08 Building Permit Reports for February 2007 There were no comments. Page 3 of 11 3. PC 2007 -04 His Grace Daycare —Special Use Petitioners James Osagie and Victoria Omoike gave a presentation on their proposed childcare center in the Fox Industrial Park. Travis Miller said the Plan Commission had voted 7 -2 to approve the special use permit and the zoning does allow for this type of facility. DCFS would also have to issue a permit. A Public Hearing was held on March 14 th . Mr. Miller said the childcare center would employ 18 -19 full time personnel. He also said there would be a fenced playground in the rear, circle drive for easy drop - off/pick-up and parents would need to accompany child inside. It could hold 200 children, based on DCFS permits. Bus service would be provided to and from school. The Mayor expressed concerns about setbacks and buffering for this type of use. If materials were to be stacked at adjacent business, there could be a possible danger. He was also concerned about possible conflicts from current or future businesses regarding this particular use of the property. Building usage could also change. Alderman Burd asked if any other property had been looked at because she felt this would change the makeup of the industrial park especially if the City tries to attract other businesses to this park. She added that not many areas are zoned for manu- facturing, however, other sites would be available for childcare. Concern was also raised by Ms. Spears about delivery trucks and the types of businesses nearby. She said this is not a safe environment for children. Another concern raised by Alderman Leslie was the soil remediation occurring in the area, however, Ms. Omoike said an environmental study has shown the soil to be clean at this time. Mr. Leslie said this building previously held an engineering firm and the overall tenant occupancy is down at this time, but this center does not match the character of the other businesses here. Alderman Besco agreed that the location is not conducive to this facility and he said the leasing rates are very high. The Mayor cautioned that if anything adverse would happen to a child, the citizens would ask how the Council could have approved this facility at this location. The City would then be responsible. The matter will be brought back after obtaining more information and researching more appropriate sites with EDC This will return to C.O.W. on April 18''. 4. PC 2005 -32 Yorkwood Estates — Preliminary Plan Mr. Miller said this petition was presented last year and that this is a unique site with wooded areas. Staff had asked the developer to prepare a list of variance requests and recommendations. i Page 4of11 Also present was Rich Guerard of Wyndham Deerpoint Homes who said his company had met with the Park District and agreed to build a trail in accordance with Park Board standards. As many trees as possible will be saved. He showed a drawing of one of their building projects near Elgin and explained their efforts to preserve trees and land. He said the Plan Commission held a hearing on their project the previous week and unanimously approved it. Alderman Besco commented that he was in favor of granting variances such as those requested, rather than approve "cookie cutter" developments. He also asked if materials other than asphalt could be used for the trail since this is such a `natural' area. The developer will use mulch in some of the areas. Another concern was water run -off, but the developer will work with staff to rectify. Attorney Wyeth will draft a resolution of approval and it will be subject to staff comments. 5. ZBA 2006 -99 Pearle Vision Sign Variance Travis Miller stated that this request has been before EDC the previous month. The petition had gone before the Zoning Board of Appeals on February 7 t and the Zoning Board denied their request for an additional sign. Dr. Randy Burggraf of Pearle Vision said he owns a Pearle Vision in DeKalb and now has a building in Yorkville. His request for a sign on the east sign of the building is consistent with other signage, he said, and he gave examples of other signs in town. However, Ms. Spears noted that those signs do not face residences as Dr. Burggraf s would. He said another tenant, Jimmy John's, also expressed a desire for more signage. The Mayor said he does not know of other businesses with signs on the back of their buildings and said the Council should think about this policy for this type of situation —if signs are appropriate for all sides of a building. It was noted by Alderman Burd that the building owner, Mr. Ratos, asked for the variance to apply to all the businesses if the variance is granted. Alderman Munns commented that Yorkville is trying to reduce the number of signs and Alderman Bock said that the Zoning Board suggested denying the request because it would be setting a precedent. This matter will move forward to City Council next week for a vote. 6. EDC 2007 -09 EEI – Com Ed Trail Design Contract Travis Miller said this matter concerns property bounded on the south by Windett Ridge and on the north by Van Emmon. The project approval is subject to funding. Engineering for phase 2 is not funded at this time, but it is hoped that grants may be found. Ms. Laura Haake wrote a letter to ComEd and IDOT requesting permission Page 5of11 i to use the ComEd area for recreation and requesting the trail to cross Rt. 126 and 71. IDOT is requesting more information in the engineering plans to decide if crossing at grade would be feasible etc. EEI was asked for an estimate for additional work. Ms. Haake anticipates that this trail can have a more natural look and not be mowed. Alderman Munns suggested prairie grasses. Alderman Golinski commented that this would be a beneficial amenity that would connect some of the subdivisions. This will move to the consent agenda. 7 EDC 2007 -10 Visit - ability Code —Discussion Travis Miller said staff had prepared recommendations following the introduction of this item that deals with handicaps and accessibility. Those recommendations are: 1. Schedule workshop to gather input 2. Recommended Bolingbrook code as a model since it is more consistent with Yorkville (reviewed both Naperville and Bolingbrook) 3. Move forward with single - family units only at this time. Illinois code already addresses multi - family units Ms. Spears said the cost to the builders will be somewhat greater and that builders in Naperville are incented to build handicap - accessible residences. Alderman Leslie said he would like input from Bolingbrook builders as well as Yorkville builders. He said there is no reason to not pursue this project. The Mayor added that problems could occur if restrictions are placed on custom builders. Mr. Miller will organize a daytime meeting of the builders including Bolingbrook builders, prior to the next EDC meeting. Commercial will not be included at this time since it is much different. Research will be gathered and brought to the next EDC agenda. (agenda item taken out of sequence) 10. EDC 2007 -14 Downtown TIF —Tuscan Plaza Inducement Resolution TIF assistance was applied for and Mr. Miller said he had contacted Attorney Kathy Orr for guidance. He said demolition is TIF eligible. A representative of the project said they will be requesting reimbursement of all the 15 allowable items under State Statute. Tuscan Plaza will be a 3 -story building with underground parking and will encompass both residential and retail. This item moves to City Council to the consent agenda. 8. EDC 2007 -11 Safe Routes to School Funding Program — Update/Discussion This is a new federal highway funding program designed to fund improvements to pedestrian facilities that can be used for travel to and from school. Mr. Miller attended a workshop in February and he said $1 million is available this year for this project. He has met with Dr. Engler and will meet with a transportation committee I Page 6of11 next week. He asked the Council to approve this application and noted that the primary focus is the downtown area. More information will be gathered and brought back at a later time. 9. EDC 2007 -13 Bristol Bay Recapture Agreement Jim Berry of Centex Homes said the recapture agreement comes from the Rob Roy interceptor. Centex agreed to provide two types of funding to assist in development and construction of the Rob Roy interceptor. The first one was in regards to the City's issuance of obligation bonds. Centex agreed to pay for 150 tap fees every 6 months through 2012, totaling approximately $4 million. Bristol Bay consists of the portion north of Galena Road (owned by Centex) and the section south of Galena. In the agreement, they are asking that those tap fees apply towards their general obligation. The second financial commitment was to build section 7 of the interceptor. Those costs were $2.3 million. The reimbursement fees were obtained from two sources: direct payment from the City's general obligation bonds and the balance was credits against the infrastructure participation fees of YBSD for the land that had not been annexed intoYBSD at that time. YBSD will be a partner in this agreement. This matter moves forward to City Council consent agenda. The vote will be contingent upon YBSD signing the agreement. PUBLIC WORKS COMMITTEE: (next item out of agenda sequence) 23. PW 2007 -65 Garbage Contract Mr. Crois said bids had been opened March 19 for the garbage contract and three bids were already submitted. Costs were submitted for a 5 -year contract and all of the bidders submitted deviations. He will want to discuss those changes with Mr. Wyeth. All of them asked to receive additional fees for fuel costs or to compensate for any legislative changes. A new vendor would need to distribute new garbage containers and Mr. Crois said larger recyclable containers would be part of a new contract. Alderman Leslie said he had received complaints about the 64- gallon container not being large enough. He also suggested an allowance for possible re- negotiation of a contract pending the possible opening of a landfill. Mr. Crois said he does not anticipate a landfill opening within five years. The Mayor suggested this matter come before the C.O.W. on April 7 th since the contact expires May 1 St Page 7 of 11 (return to agenda sequence) 1. PW 2007 -44 Water Department Report for January 2007 2. PW 2007 -45 Water Department Report for February 2007 Alderman Besco noted several water main breaks in Feburary at a loss of 3 million gallons of water. The water pipe in the breakage area is 35 years old according to Eric Dhuse. Mayor Prochaska asked for a schedule of pipe replacement to be drafted in conjunction with GASBY. These reports are for information only. 3. PW 2007 -46 Raintree Village Unit 5 —Letter of Credit Expiration 4. PW 2007 -47 Raintree Village Unit 6 —Letter of Credit Expiration Mr. Wywrot said both letters of credit are set to expire and said the clerk has been authorized to call them if not renewed. They move to the consent agenda. S. PW 2007 -48 Mc Vickers Development (Rt. 47 Improvements) —Bond Reduction #1 It was recommended that the letter of credit be reduced by $72,000. There is some remaining landscaping to be done in the Spring. This will move to the consent agenda. 6. PW 2007 -49 Grande Reserve Unit 12 — Outfall Storm Sewer Letter of Credit Reduction #1 7. PW 2007 -50 Grande Reserve Unit 12 —Site Development Letter of Credit Reduction #1 8. PW 2007 -51 Grande Reserve Units 13 & 19a —Site Development Letter of Credit Reduction #1 9. PW 2007 -52 Grande Reserve Units 14, 18,19b, & 25 — Site Development Letter of Credit Reduction #1 10. PW 2007 -53 Grande Reserve Units 15 & 22 — Site Development Letter of Credit Reduction #1 11. PW 2007 -54 Grande Reserve Units 20 & 21— Site Development Letter of Credit Reduction #1 12. PW 2007 -SS Grande Reserve Units 23,26 & 27— Site Development Letter of Credit Reduction #1 Mr. Wywrot recommended approval all of these letters and said they are based on work completed to date. These move to consent agenda. 13. PW 2007-56 In-Town Road Program (Phase 2 Roadways) — Bid Results Bids were opened March 8 with the low bidder being Aurora Blacktop at $1.95 million. It was recommended to award the bid to this company. This moves to consent agenda. 14. PW 2007 -57 Well Nos. 3 & 4 Treatment Facility — Change Order This project involved removing a section of pipe and the work has been completed. Mr. Wywrot recommended moving it to City Council consent agenda. 15. PW 2007 -58 ]DOT Highway Permit and Resolution —Yorkville Market Square This is a standard highway permit for driveway and watermain construction in the IDOT right -of -way. This moves to City Council consent agenda. Page 8of11 16. PW 2007 -59 FY 2007 -2008 MFT General Maintenance Appropriation Public Works Director Dhuse said the quantity of hot and cold patch for the streets must be provided to IDOT by April 30 for the next fiscal year. This will move to consent agenda and will be subject to approval of the next budget. 17 PW 2007 -60 Game Farm RoadlSomonauk Street — Plat of Highways Proposal and MFT Appropriation Resolution Joe Wywrot reported this is a proposal from Smith Engineering to take the next step for this project. IDOT approval has been received. Legal documents can now be prepared for the acquisition of easements and right -of -way needs. Approval is recommended by Mr. Wywrot and work will actually begin in 2009. Moves to consent agenda. 18. 2007 -61 Fox Hill SSA Maintenance Request for Proposal 19. PW 2007 -62 Sunflower Estates SSA Maintenance Rquest for Proposal Eric Dhuse reported that bids will be opened on March 30' and no further action is needed at this time. 20. PW 2007 -63 Tool Inventory The Council had previously requested an inventory that has now been completed for the service trucks that perform daily maintenance. Alderman Burd thanked Mr. Dhuse for finishing this project. No further action. 21. PW 2007 -36 Temporary Easement —135 E. Van Emmon Street This concerns a temporary easement at this location and will allow concrete to be replaced and will also eliminate some steps. The project will require access to some private property at this address. It was noted this is part of the In -Town Road Program. Moves to consent agenda. 22. PW 2007 -64 Bristol Bay Units 1 -7 — Letter of Credit Reductions Mr. Wywrot said the developer would be moving forward with acceptance of the Letter of Credit and also existing bonds will be subject to replacement bonds based on units. There will also be a Special Service area bond. Moves to consent agenda. #23 already covered 24. PW 2007 -66 Greenbriar Lot 200 —Sidewalk Easement This lot was previously zoned for duplexes. It is desired to dedicate a public sidewalk easement from Greenbriar to Prairie Garden. After re- platting, a sidewalk easement was included and a house was built on this lot. The developer requested the sidewalk easement be shifted away from the home. No sidewalk has been constructed yet. Mayor Prochaska suggested sending a letter to the neighborhood residents to let them know of this easement before a sidewalk is built. This would allow input before any work is done or before it is vacated. Alderman Burd said this approach should be taken in any similar situation and that the sidewalk is needed to walk to the park. Also, Joe Page 9 of 11 Besco commented that it should have been addressed sooner before people began moving in the homes. He said road stubs should be treated in the same manner. This moves to the April 2 °a C.O.W. DETAIL BOARD REPORT Bill List): The following questions were asked concerning the bill list: Page 5: CDW government license — licenses are for Microsoft software, Charlie Wunder now tracks these licenses Page 7: Crystaltech— hosting service for website, charge of $80 Page 8: Court transcripts — transcripts regarding landfill, charged back to applicant Page 29: Telcom- Data —wiring at Riverfront Building Page 32: Laptop card adaptor— equipment for meter system according to Mr. Dhuse The bill list moves to City Council for consideration. MAYOR: I � 1. ADM 2007 -21 Salary Survey Bart Olson said the purpose of the salary survey was to set compensation ranges and that it is the responsibility of the department heads to place the employees in a given range. He cautioned that supervisors would have to be careful that raises given for new personnel would not result in salaries exceeding the salaries of current employees. The last salary survey was done in 2003. If the ranges are adjusted each year, Mr. Olson said the salaries should stay competitive. Alderman Munns asked that eventually the benefit packages be compared and factored into the salary. Alderman Leslie said it appeared as though some employees were functioning above their job description or doing the jobs of two employees. Mr. Crois said additional personnel should be recommended by department heads at budget time and that suggestions can be made to a supervisor. Administrative positions within the Police Department were cited by Alderman Spears as being in need of greater compensation due to greater responsibilities. It was agreed that the Office Supervisor position did need to be moved into another range. Other comparisons were made of the job functions in that office. Mayor Prochaska said he has discussed these positions and salaries with Chief Martin. Page 10 of 11 Discussions turned to salaries for Public Works Department "Operators ". Alderman Besco said he felt the range was low, however, Mr. Dhuse said these are not heavy equipment operators. Alderman Bock commented that ranges are based on other municipalities to remove subjectivity. He further said that in Mr. Olson's memo it was recommended that a consultant's assistance could be needed. He added that the prior discussion pointed to that possible need. Alderman Munns agreed that might be necessary. I Mayor Prochaska recommended approving the ranges and asking that staff look at the Police Department Office Supervisor and the Benefits and Payroll Specialist salaries for possible upgrades. It was recommended by Alderman Spears that the updated job descriptions for the three office positions in the Police Department be reviewed before a budget vote is taken. She asked for an Executive Session before the next City Council meeting. It was suggested by the Mayor to move this forward for consideration, allowing the department heads to have some flexibility. If any increase exceeds the range, then justification must be given. Mr. Crois said that the justification should be submitted to the Mayor. 2. ADM 2007 -23 COLA/Merit Raises for FY 07/08 Mr. Crois said the salary survey was based upon salaries in existence at the beginning of the fiscal year 2006. He said it was suggested that the raise be 4% and be divided between COLA and merit. The national average for COLA is 3.2 %. Alderman Munns suggested that it is not motivational for all employees to receive the same amount. By not giving COLA, Mr. Dhuse said that is how the City falls behind in the ranges. After a brief discussion, it was decided to move this matter forward with a consideration of splitting the COLA and merit at 2% each. This will move to the next City Council agenda under "Mayor ". (out of sequence) 4. ADM 2007 -29 Revised FY 06/07 Budget Finance Director Susan Mika gave a brief overview of the changes made to the budget. Some of the points noted were: contractual expenses, COLA, cost for bank reconciliations increased, $28,000 for audit, police pension audit. She also noted a separate line item for landfill accounts receivable. Alderman Spears inquired about budgeted money for handicap doors at Beecher Center and City Hall and asked that it be included in this budget. These items were not included in the revised budget, however, the Mayor suggested looking at the contingency fund and review for next week. A vote would be required for taking money from this fund. This revised budget will move forward to the City Council meeting next week for consideration and an Executive Session will be held prior to the meeting. Page 11 of 11 3. ADM 2007 -28 FY 07108 Budget Alderman Munns asked if money had been budgeted for the stoplight at Fox Hill. There is money budgeted and the project can begin subject to the budget being passed, however, there is no quote at this time. After it is approved, IDOT can begin the engineering, hopefully this summer. Following an inquiry from Alderman Bock regarding the Faxon Road right of way acquisition, Ms. Mika said the money will come from the MFT fund. The project was delayed due to the owner not being satisfied with the price and as a result, an independent appraisal will be done. Alderman Gary Golinski commented that the Master Plan and Community Survey in the Parks budget were not yet fully funded, however, Ms. Mika said it was thought that the money budgeted would cover both projects. The priority will be the survey according to David Mogle. Much of the work can be done in- house. The budget will go to Public Hearing on April 10 and a revised budget will be given to the Council at the next Administration C.O.W. ADDITIONAL BUSINESS Ms. Spears presented the final draft of the KenCom agreement and asked for any changes. Travis Miller said invitations will be sent by C -MAT for an event to be held April 26 They will hold an event for elected officials and business owners regarding an overall plan for land use in the metro area. The time and place will be announced. April 9 th will be the first event to mark the City's 50` anniversary according to the Mayor. It will be held at the City Hall and many elected officials and the founding officials of the City will be present. There was no further business and the meeting adjourned at 11:25pm. Minutes by Marlys Young, Minute Taker i I I ��° clp�' United Cit of Yorkville -Z, e ©' 800 Game Farm Road 1636 Yorkville, Illinois 60560 -�� Telephone: 630 -553 -4350 o ®! Fax: 630 -553 -7575 Co� Seai PLEASE SIGN IN MEETING: DATE: -S- ;2 0 - 0 -7 N AME COMPANY PHONE NUMBER L a � lc DO b3�_91ti ��s g e M &C 7Y e - S'ic & I I I I I 1 �° ' i 0 United City of Yorkville --,% 800 Game Farm Road 1836 Yorkville, Illinois 60560 -�� Telephone: 630 -553 -4350 ; ®! � ~ Fax: 630 -553 -7575 PLEASE SIGN IN, MEETING: �-- DATE: NAME COMPANY PHONE NUMBER 'Dick II, ,�,� �,� s 6 2 I I I I I I 1 I I I I I C � r o United City of Yorkville 800 Game Farm Road + �' 1636 Yorkville, Illinois 60560 -�� Telephone: 630 -553 -4350 o �' ~ Fax: 630 - 553 -7575 J CE � PLEASE SIGN IN, MEETING: (f, O t' DATE: �� 20 NAME COMPANY PHONE NUMBER li, i�N«tCSICtle