COW Minutes 2006 11-28-06 I
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APPROVED 2/13/07
UNITED CITY OF YORKVILLE
COMMITTEE OF THE WHOLE
SPECIAL MEETING
CITY HALL CONFERENCE ROOM
NOVEMBER 28, 2006
6:00 P.M.
ELECTED OFFICIALS PRESENT:
Mayor Art Prochaska Alderman Jason Leslie (arrived 6:20)
Alderman Joe Besco Alderman Rose Spears
Alderman Jim Bock Alderman Dean Wolfer (arrived 6:15)
Alderman Valerie Burd City Treasurer Bill Powell
Alderman Paul James City Clerk Jackie Milschewski
CITY STAFF PRESENT:
City Administrator John Crois Assistant City Administrator Bart Olson
Public Works Director Eric Dhuse Community Development Director Travis Miller
City Attorney John Wyeth Director of Parks & Recreation Dave Mogul
Finance Director Susan Mika Community Relations Manager Glory Spies
GUESTS:
See attached list.
PUBLIC HEARING
None.
PRESENTATIONS
None.
ECONOMIC DEVELOPMENT COMMITTEE
1. Discuss Committee Liaisons
This item was postponed until the chairman was present.
2. EDC 2006 -28 Building Permit Report for September 2006
3. EDC 2006 -29 Building Permit Report for October 2006
An increase in single- family detached units was noted. Director Miller stated that building was
not slowing down however closings were; the inventory of new homes was increasing.
4. PC 2006 -70 Bristol Bay Unit 13 — Final Plat
Director Miller reported that previously several units had been up for approval however the
petitioner withdrew Unit 1 which includes land dedicated to the fire department. Unit 13 has
been modified to indicate additional property for the fire department. This additional property
eliminates the need for a setback variance. The Plan Commission, staff and engineers have
recommended this item for approval.
This item was place on the Consent Agenda of the November 28, 2006 City Council meeting
(following this meeting).
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S. PC 2006 -73 Grande Reserve Unit 22 — Final Plat
Director Miller reported that the final plat is consistent with the PUD Agreement. He noted one
change to the curvature of a road which was realigned per staff recommendation. He stated that
Plan Commission and staff recommend approval.
This item was place on the Consent Agenda of the November 28, 2006 City Council meeting
(following this meeting).
6. PC 2006 -79 Caledonia Unit 2 — Final Plat
Director Miller reported that the final plat is slightly different from the Preliminary Plat due to a
new developer. Staff requested a revised plat since Windham Deerpoint purchased the property.
This item was place on the Consent Agenda of the November 28, 2006 City Council meeting
(following this meeting).
7. PC 2006 -72 Menards - Preliminary and Final Plat
Director Miller explained that this was for a three lot subdivision. There were two changes which
refine the lot numbers and an expanded plan for the southerly portion of parcel #2 has been
submitted for a storage area. The re- platting addresses issues of concern expressed by staff.
This item was place on the Consent Agenda of the November 28, 2006 City Council meeting
(following this meeting).
8. PC 2006 -37 O'Keefe -Preliminary Plat
9. PC 2006 -86 O'Keefe Unit I - Final Plat
Director Miller explained that the Preliminary Plat identifies a four lot subdivision as proposed in
the PUD. The Preliminary Plat is consistent with the Annexation Agreement and concept plan.
The Final Plat is for lots 2 and 3 or the water park lots. The developer is holding off developing
the other lots pending the Route 47 widening. This is consistent the Annexation Agreement and
recommended by staff.
The uses of the other two lots was discussed and Director Miller indicated that the developer was
hoping to use the lots for entertainment related businesses such as hotel, retail, etc. however no
user has been identified yet.
Mayor Prochaska asked if the concerns on the Final Plat were addressed and was told that an
item -by -item response to staff concerns has been prepared. Mayor Prochaska suggested
approving this subject to staff comments.
This item was place on the Consent Agenda of the November 28, 2006 City Council meeting
(following this meeting).
10. PC 2006 -84 & PC 2006 -85 Edward Health Ventures — Zoning & Concept PUD
Attorney Dan Kramer, representing the petitioner, reported that this property is less than 100
acres located between Routes 71 and 126. The developers sent notices out and met informally
with the neighbors to discuss the medical facility and future hospital. The hospital itself has to go
through a state certification program which could take years. He noted that even if a hospital is
built in Plainfield this facility will still be built in Yorkville. The initial facility will be an office
building on the south side of the parcel near Route 71. The residential area will have lots of
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15,000 square feet and up and will contain high -end housing. The woods in the area will be
retained and the area will have similar covenants to those of the existing residential on the
adjoining property. The land will be farmed until other buildings are built. There will be a public
hearing on December 19, 2006.
Alderman Leslie expressed his concern with light barriers and traffic. Attorney Kramer stated
that they hope to have a stop light installed on Route 71 to help with traffic and hopefully the
Route 126 improvements will be done before the hospital builds out. He also stated that
photometric box lighting and berms are included in the plan.
Treasurer Powell asked about the buffer zone on the west side of the project. Attorney Kramer
stated that the buffer zone is dictated by the existing trees. There will be 300' from the
commercial to the residential areas.
Alderman Besco asked what type of building was planned for the Route 126 frontage and
Attorney Kramer explained that commercial buildings for doctor's offices are planned.
Mayor Prochaska noted that the neighboring residents requested that the woods be preserved.
Attorney Kramer explained that land planner Mike Schoppe is working on a plan that will
preserve as many trees as possible. He also stated that the trees are being surveyed.
No further action was necessary on this item at this time.
PC 2006 -64 Towns at Windett Reserve — Annexation, Concept and Preliminary PUD
Director Miller reported that the Plan Commission unanimously approved this townhome project
which consists of approximately 92 acres. The Annexation Agreement discusses contributions to
the Parks Department and the School District. School Superintendent Dr. Engler is willing to
yield Land Cash to a donation for a school. 193 units are planned and funds will be paid at the
time of the building permit. The School District will get land at a reduced rate. Director Miller
noted that the Plan Commission recommends the approval of the Annexation Agreement,
Concept and Preliminary PUD.
Alderman Besco asked if the School District had physically surveyed the land and Director Miller
stated that they had not. He explained that there is language in the agreement demanding the
roads be constructed prior to the school being constructed. The School District would like to
have school constructed prior to the 2009/2010 school year.
Alderman Leslie questioned the density of the project and Director Miller explained that there
will be 198 units on 92 acres and this conforms to the Comprehensive Plan. The developer is
willing to increase the architectural requirements required for townhomes. Also, the set backs
and landscaping exceed standards. He noted that a bike trail is planned along Route 47 and the
ComEd easement. Alderman Leslie stated that he was not aware of any other development in
Yorkville with this amount of density. Director Miller explained that this development is
consistent with the Bristol Bay and Grande Reserve developments and is actually less dense than
they are. He noted that the developer has clustered the development in one area in order to
provide for more open space and eliminate the area maintained by the Homeowners Association
(HOA).
Alderman James clarified which areas of the map were designated park and school sites. He
stated that he disagreed with townhomes in this area and Alderman Leslie agreed. Mayor
Prochaska noted that this area came before the City Council years ago with a plan for townhomes.
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Attorney Phillipchuck, attorney for the developer, further noted that this development has less
density than indicated in the Comprehensive Plan.
Alderman Bock expressed his concern with the lack of parking for visitors. A representative
from Wiseman - Hughes indicated that this will be addressed on the revised plan. She addressed
Aldermen James and Leslie's density concerns by indicating that they are the developer to the
north of this area and they do not have any issue with marketability of this product. She stated
that her company's plan calls for a certain yield of dwelling units for this property. She indicated
that if this was to be a single - family home area with 198 homes could generate a population of
728 people whereas the 198 townhomes will generate a population of approximately 442 people.
The townhomes will have lower impact on the schools and parks. She noted that if a single
family subdivision with the same density was put on this property, there would not be a 21 acre
school/park site. She further noted they had brought this concept plan with townhomes to the
City Council last October and it was well received.
After further discussion regarding density, parking, school site, quality of product, price of the
product, layout of the subdivision, etc.
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This item was place on the Regular Agenda of the November 28, 2006 City Council meeting
(following this meeting).
CITY COUNCIL MEETING PUBLIC HEARINGS
Mayor Prochaska noted that there were two public hearings advertised for the City Council
meeting tonight to begin at 7:00 p.m. He asked City Council to go into the City Council meeting,
establish a quorum and hold the public hearings. After the public hearings, they would return to
the COW meeting. The City Council agreed to this so the COW meeting was interrupted from
7:10 p.m. to 7:35 p.m.
12. EDC 2006 -30 Scope of Service for School Site Study Update
Director Miller reported on the School Siting Study update. He explained that the School District
agreed to participate 50% in the update however they do not have funds available. Dr. Engler
verbally committed to add this to the School District budget in the next fiscal year however the
School Board would not obligate itself. Director Miller explained that the update would help
when dealing with developers because it will identify the need for schools, school/park sites, etc.
He requested that the City Council approve 100% of the funding when funds become available.
The cost is estimated to be $12,000.00 to $15,000.00 and he suggested it be approved in an
amount not to exceed $20,000.00.
There was some discussion about shared facilities; park and schools. It was suggested that since
the School District does not have the funds, the consultant be asked to waive incidentals.
Director Miller stated he would ask for this.
This item was place on the Regular Agenda of the November 28, 2006 City Council meeting
(following this meeting).
13. EDC 2006 -31 Grainco FS Supplemental Site Investigation Funding Agreement
14. EDC 2006 -32 Farm Bureau Supplemental Site Investigation Funding Agreement
Director Miller reported that grant dollars were obtained from the Illinois Environmental
Protection Agency (]EPA) to remediate environmental issues in the downtown area. Phases I and
II are done however Phase H has not been submitted to the IEPA. Contamination from an
underground fuel oil tank at the Farm Bureau location and from the mixing of fertilizers at the
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Grainco site was found on all three properties. An underground plume of contamination has been
identified and at this time it is undetermined if is in motion to the Fox River. If it is moving
toward the river, extreme measures of remediation will need to be taken. It has been
recommended that the plume be monitored for movement by using monitoring wells. The
supplemental contract is for the monitoring. There was $240,000.00 allocated to the City from
the IEPA and only half of the funds have been used however the remaining funds cannot be used
toward work done on privately owned property. The funds can be used for monitoring the City's
parking lot but the cost for the Grainco's property is $13,710.00 and the Farm Bureau's portion is
$5,499.00. Staff approached both entities and found that they either do not have the funds or they
are not willing to pay for the investigation. The alternative is to use city funds so that the work
can be completed and enter into agreements with Grainco and the Farm Bureau for repayment
when their property is sold. Director Miller indicated that Grainco is in the process of negotiating
a sale so hopefully their portion can be recovered in the next year however the Farm Bureau is not
interested in selling. Director Miller explained that the approval of the funds would allow the
study to be finished in six to eight weeks. At that time a report will be submitted to the IEPA and
it will take another four months to receive their opinion of the site.
The Council discussed placing a time limit for repayment in the agreements, charging interest so
the property owners would be encouraged to pay off the loan early, who had the burden to clean
up the contamination, the remediation process, etc.
After some discussion, it was the consensus of the Council to leave the agreements as presented
and to move ahead.
This item was place on the Consent Agenda of the November 28, 2006 City Council meeting
(following this meeting).
I5. EDC 2006 -09 Sign Ordinance Update
Director Miller gave the Council an update on the Sign Ordinance. He indicated that a survey
was passed out and research has been done. He indicated that the Zoning Board of Appeals has
been very helpful in the process and they will be having their final discussion and will present a
recommendation in December. In February 2007 the ordinance will be presented to the Chamber
of Commerce for their input. Staff will bring the ordinance back in late spring or early summer
of 2007 for a vote.
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PUBLIC WORKS COMMITTEE
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1. Discuss Committee Liaisons
Alderman Besco noted that there are two liaison positions for the Public Works Committee. He
expressed interest in being the Yorkville- Bristol Sanitary District liaison and noted that Alderman
James has been the Park Board liaison. He stated that the Park Board meets twice during the
month and it is more difficult to cover. He suggested that this liaison position be split. Alderman
James welcomed someone else's attendance at the Park Board meetings. He noted that when he
is unable to attend both meetings, his point person is Director Mogle. He suggested that both
meetings didn't need to be attended. Alderman Burd disagreed with him, stating that liaisons
should attend all their meetings. She felt that this gives the aldermen more visibility in the
community and gives the public more opportunities to talk to them. Alderman Spears noted that
the Park Board has expressed concern that a representative from the City Council has not been
attending their meetings. Alderman James stated that he has been the Park Board liaison for
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some time now and suggested one of the other aldermen take over and Alderman Bock
volunteered.
2. PW 2006 -163 Updated 6 -Year Capital Improvement Plan
Director Dhuse asked the City Council for input on the spread sheet from City Engineer Wywrot.
Alderman Besco asked if there were any plans for Kendall Drive behind the Kentucky Fried
Chicken restaurant. Director Dhuse stated he would check into this. Alderman Spears questions
the plans for Palmer Court and Director Dhuse explained that a sewer rehab was planned for
2007/2008 and the street will be resurfaced afterward. Mayor Prochaska noted that the spread
sheet indicates that the In -Town Road program will be done this fiscal year however the streets to
be done were not indicted. Director Dhuse stated that streets were Madison, Adams, Van
Emmon, Hydraulic, Heustis and Orange.
No action was needed on this item.
3. PW 2006 -187In -Town Road Program Phase 2 —Funding
Director Dhuse reported that there is a $32,000.00 short fall and staff was questioning what
direction should be taken; reduce the scope of service or find the funds to complete the project
this year.
Alderman Besco stated that a commitment has been made so it would nice to see the program
proceed. Mayor Prochaska noted that the city could use bonding authority to complete the
project. Administrator Crois suggested moving forward with obtaining bids to see what the cost
will be. After this information is gathered, alternative funding could be investigated. Director
Dhuse stated he would move ahead with obtaining bids and bring the information back to the City
Council at a COW meeting.
4. PW 2006 -188 Southwest Transportation Improvements -Contract F.7 (Fox Road)
Director Dhuse distributed information on two possible additions to the Fox Road project which
were not included in the original funding for the project. The first addition is for a sidewalk from
the River's Edge subdivision into town. The estimate for the sidewalk from White Oak into town
is $23,000.00. The estimate from White Oak to River's Edge is either $51,000.00 or $92,000.00
depending on the route taken. The second addition is for a turn lane at White Oak Way however
City Engineer Joe Wywrot is not recommending this. Director Dhuse indicated that Mr. Wywrot
was looking for input from the Council.
There was some discussion concerning how the route of the sidewalk and how it would interact
with the proposed bike trail for this area. It was the consensus of the Council to install sidewalk
from the White Oak subdivision to Morgan Street but bring the other sidewalk options back after
further investigation of the bike trail.
5. PW 2006 -189 Public Works Office Expansion
Director Dhuse asked the City Council for approval to move ahead with the Public Works Office
expansion. This will increase the office by 160 square feet and most of the work will be done by
Public Works Employees. The Council agreed that the project should move ahead; no further
action was needed.
6. PW 2006 -190 Water Department Report for August 2006
7. PW 2006 491 Water Department Report for September 2006
8. PW 2006 -192 Water Department Report for October 2006
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There were no comments on these items; they were placed on the Consent Agenda of the
November 28, 2006 City Council meeting (following this meeting).
9. PW 2006 -193 Grande Reserve Units 2 & S -Letter of Credit Expiration
10. PW 2006 -194 Grande Reserve Units 12 & 13 - Letter of Credit Expiration
11. PW 2006 -195 Grande Reserve Units 12 - Letter of Credit Expiration
12. PW 2006 -196 Grande Reserve Units 13 - Letter of Credit Expiration
There were no comments on these items; they were placed on the Consent Agenda of the
November 28, 2006 City Council meeting (following this meeting).
13. PW 2006 -197 Caledonia Phase 1— Sitework Letter of Credit Reduction #1
14. PW 2006 -198 Caledonia Phase 2 — Sitework Letter of Credit Reduction #1
There were no comments on these items; they were placed on the Consent Agenda of the
November 28, 2006 City Council meeting (following this meeting).
15. PW 2006 -199 Countryside Parkway (E. Kendall to Center) - Change Order #1
Director Dhuse explained that the decrease is for the fmal balance and closes out the project.
There were no comments on this item; it was placed on the Consent Agenda of the November 28,
2006 City Council meeting (following this meeting).
16. PW 2006 -200 Rob Roy Creek Interceptor (North Branch Contract 1) - Change Order #1
Director Dhuse indicated that the Change Order was for crop damage.
There were no comments on this item; it was placed on the Consent Agenda of the November 28,
2006 City Council meeting (following this meeting).
17. PW 2006 -201 Kylyn's Ridge Subdivision (Phases 1& 2) —Final Acceptance and Line of
Credit
Director Dhuse indicated that City Engineer Wywrot recommends acceptance as the punch list is
complete.
There were no comments on this item; it was placed on the Consent Agenda of the November 28,
2006 City Council meeting (following this meeting).
18. PW 2006 -202 Fountain Village of Yorkville — IDOT Letter of Understanding
Director Dhuse indicated that this was a standard IDOT procedure for the signal at Fountain
Village, the shopping center south of Greenbriar Road. He indicated that maintenance and power
would be the City's responsibility.
There were no comments on this item; it was placed on the Consent Agenda of the November 28,
2006 City Council meeting (following this meeting).
19. PW 2006 -203 Gawne Lane Watermain Extension —Easement
Director Dhuse explained that the easement is needed for a watermain loop from Gawne Lane to
Worsley and then back to E. Main Street and is recommended by City Engineer Wywrot.
There were no comments on this item; it was placed on the Consent Agenda of the November 28,
2006 City Council meeting (following this meeting).
20. PW 2006 -204 US Postal Service -Plat of Easement
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There were no comments on this item; it was placed on the Consent Agenda of the November 28,
2006 City Council meeting (following this meeting).
21. PW 2006 -205 Raintree Village Unit 1— Surface Course
Director Dhuse reported that there is a problem with the surface course of asphalt. He has met
with the developer and the contractors to discuss the problem. There will be a meeting with an
asphalt expert to determine the best remediation. No further action is needed on this item.
22. PW 2006 -206 In -Town Road Program Phase 2 —Construction Engineering Services
Director Dhuse explained that there are two separate contracts and costs for the engineering.
Alderman Spears asked if Smith Engineering's rates had increased and Director Dhuse stated he
would have to investigate this. She noted that the City asked Engineering Enterprises Inc. (EEI)
to hold their rates and this should be asked of Smith. She asked if staff would get a comparison
of rates.
Attorney Wyeth suggested approving this item subject to the rates being the same as last year.
This item was place on the Regular Agenda of the November 28, 2006 City Council meeting
(following this meeting).
23. PW 2006 -207 Corneils Road Improvements —Engineering Agreement
Jeff Smith with EEI reported that there are a number of developments along Corneils, west of
Route 47 that are moving forward. As part of this, Corneils Road will need to be improved. Staff
has requested that EEI provide a contract to do all the improvements together. The contract is for
improvements from 600 linear feet west of Beecher Road through the Route 47 intersection to
about 1300 linear feet east of Route 47, the bridge over Rob Roy Creek, Route 47 signals and
pavement improvements. Mr. Freeman indicated that construction costs and fees were included
in the agreement. Mayor Prochaska noted that the agreement should be subject to receiving
development funds to pay for the project.
There were no further comments on this item; it was placed on the Consent Agenda of the
November 28, 2006 City Council meeting (following this meeting).
24. PW 2006 -208 IDOT Highway Permit and Resolution -Kendall Marketplace (Off Site
Storm Sewer)
Director Dhuse reported that this is a routine MOT permit. There were no comments on this item;
it was placed on the Consent Agenda of the November 28, 2006 City Council meeting (following
this meeting).
25. PW 2006 -164 Revised Landscape Ordinance
Director Miller reported that a public hearing was held on October 24, 2006 and the ordinance is
now ready for City Council approval.
There were no further comments on this item; it was placed on the Consent Agenda of the
November 28, 2006 City Council meeting (following this meeting).
26 PS 2006 -19 Revised Off-Street Parking Regulations and Requirements
Director Miller reported that this is an amendment to the zoning ordinance. A public hearing was
conducted and the ordinance went before the Plan Commission which recommended revisions.
Staff reviewed the ordinance and also made modifications including adding language allowing
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the City Administrator, upon the recommendation of the City Engineer, to approve a variance for
the distance from a driveway to an intersection.
There were no further comments on this item; it was placed on the Consent Agenda of the
November 28, 2006 City Council meeting (following this meeting).
DETAILED BOARD REPORT — BILL LIST
Alderman Spears questioned a payment on page 26; SEC Group, Inc. for Travel Demand Forecast in the amount
of $3,847.10 - Director Miller explained that this was for a report prepared by SEC assessing future traffic needs
prior to any road improvements. The report was presented tot eh City Council at the October 17, 2006 Committee
of the Whole meeting.
The Bill List was placed on the November 28, 2006 City Council meeting agenda for approval.
PARK BOARD
PKBD 2006 -11 Whispering Meadows Park Playground Equipment Purchase
Director of Park & Recreation Mogle showed the City Council the plan for the Whispering
Meadows Park. He reported that the City received an OSLAD grant for the development of the
12'/2 acre park which will be adjacent to a school site. The park should be complete by the end
of 2007. The park will have the first BMX track, baseball diamond, playground, trails and prairie
area. Director Mogle indicated that City Council approval was needed to proceed with the
purchase of the playground equipment which will have a train theme. He reported that an RFP's
was put out and plans were accepted from three manufacturers. The amount for the equipment is
$105,033.00 and a shelter resembling a train station is included in this cost. He stated that the
Park Board has approved the expenditure for the equipment and City Council approval is now
needed.
There was a brief discussion about disclaimer signs, proximity of the park to the school building
and the completion of Faxon Road.
This item was place on the Regular Agenda of the November 28, 2006 City Council meeting
(following this meeting).
MAYOR
1. ADM2006 -82 Silver Fox SSA Proposing Ordinance
2. ADM2006 -83 Evergreen Park SSA Proposing Ordinance
3. ADM2006 -84 Aspen Ridge SSA Proposing Ordinance
4. ADM 2006-85 Silver Fox SSA Proposing Ordinance
5. ADM 2006-86 Yorkwood Estates Proposing Ordinance
Mayor Prochaska reported that these SSA's are part of the agreements that the City has with the
land owner's. The SSA's for these properties will be paid off as the homes are sold. He stated
that the City received a letter from one of the developers stating that the increase in the amount to
be financed was not discussed with them. He noted that there was no representative from the
Aspen Ridge development present to discuss their request.
Director Miller explained that EEI has a contract approved for the design of the water treatment
plant, roadway infrastructure and Fox Road improvements. The contract was approved subject to
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funding. When the annexations were approved, EEI's scope of service was modified. One of the
petitioners raised the question regarding the increase and staff sent a letter to all the developers
explaining the scope of service.
Mayor Prochaska asked that the vote for these items be delayed until staff can address the
developer's concerns. Director Miller noted that this matter is to go to public hearing on
December 12, 2006 but Attorney Wyeth explained that if the proposing ordinances are not
approved, the public hearing can be delayed without effect on the project.
Mayor Prochaska noted that he developer is concerned that there is over $5 million more in the
proposing ordinance than the estimated amount. A representative from the bond council
explained that the amount of $23,500,000.00 came from the underwriters who built in a 10%
cushion to address publishing and any possible changes.
Alderman Spears asked if the staff could report back to the Council with the outcome of the
meeting.
These items were removed from the City Council meeting agenda.
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ADDITIONAL BUSINESS
Alderman Wolfer asked the City Council to consider hiring a project manager to handle the
volume of paperwork that will be generated by a landfill application. He noted that Kendall
County has hired an individual who was a former waste manager coordinator to help the board
with the process. There was a brief discussion regarding the role of the special waste attorney,
reimbursable costs incurred by the city, the role of the hearing officer, etc.
The meeting was adjourned at 9:25 P.M.
Minutes submitted by Jackie Milschewski, City Clerk