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COW Minutes 2006 10-17-06 Page 1 of 9 APPROVED 01/09/07 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE Council Chambers Tuesday, October 17, 2006 — 7:00 pm In Attendance: Cit-V Art Prochaska - Mayor John Wyeth — City Attorney Paul James — Alderman John Crois — Interim City Administrator Valerie Burd - Alderwoman Eric Dhuse — Public Works Director Joe Besco — Alderman Susan Mika — Finance Director Rose Spears — Alderwoman(ieft 11:2o) Travis Miller — Community Development Director Marty Munns - Alderman David Mogle — Executive Director Parks & Rec. Jim Bock — Alderman Bart Olson — Assistant City Administrator Dean Wolfer — Alderman Bill Powell - Treasurer Paul James — Alderman Guests This meeting was preceded by a special Council meeting and transitioned directly into the C.O.W. Many guests were present. PUBLIC HEARING: Kendall Marketplace Business District See separate minutes. PRESENTATIONS 1. Walnut Enclave Concept Plan This development will include 24 rowhomes on slabs and will go before the Plan Commission for a hearing. R4 zoning will be requested and this allows higher density. Alderman James suggested that language be included in the agreement that would cover the maintenance costs of stormwater maintenance. In view of the proposed parking ban, Alderman Besco said he is concerned about overflow parking and would like dedicated parking. The density of this project is 6.9 (the zoning allows for 8). Z Traffic Model Presentation by Parsons Brinkerhoff /SEC This report is in response to Council direction several months ago, to assess future traffic needs prior to any road improvements. Edward Zack of Smith Engineering introduced a PowerPoint presentation of the assessment forecast for the next 20 -30 years. It was noted that the 2005 special census showed the population doubled since year 2000. The presentation also gave a "trip forecast" scenario, baseline improvement chart, maps of area roadways, improvement alternatives such as widening secondary roads and other facts and figures related to traffic in the coming years. A written report will be forthcoming. Page 2of9 ECONOMIC DEVELOPMENT COMMITTEE 1. Discuss Committee Liaisons Chairman Munns said he is waiting for further information and asked to table this matter until next week. Lisa Brody, Sr. Vice President of Rush Copley said she has been working with YEDC regarding the development of property on Rt. 34. She complimented YEDC and asked that the Mayor be reappointed to the YEDC. Dr. Engler of the Yorkville Schools also requested that the Mayor remain on the YEDC and added that the cooperation between the YEDC and Chamber of Commerce has been excellent. He said that having the Mayor on the committee is positive in terms of bringing in new commercial growth. Echoing these sentiments was Harold Oliver who agreed that the Mayor should remain on the YEDC and is vital to their success. He invited Council members to attend the meetings. Alderwoman Spears agreed with these statements, however, she said improved communication is needed as Council members often read information about YEDC in the paper. Mayor Prochaska offered that certain information is not shared due to the sensitive nature. He said that minutes of the meetings could be reviewed. Since elections are only six months away, Alderman Bock said perhaps the current liaisons should remain in place. However, due to the recently adopted governing ordinance, the appointments must be made. Alderwoman Burd said some liaisons are apparently not attending meetings on a regular basis, since no reports have been made regarding those meetings. She concurred with Ms. Spears that the Council members should be apprised of YEDC information since the Council members are the ones who vote. Alderman Munns suggested that more than one liaison should be appointed to YEDC and make the Mayor a lifetime member. Alderman Wolfer cautioned that Council members need to be careful of possible conflicts of interest if they have a business in Yorkville. Ms. Burd said this is covered in the Statutes and she added that if a Council member is not a principal voting member of a business, it is not an issue. Jason Poppen, YEDC Board Director, said that the YEDC minutes are available to all City Council members so they can be informed of any actions. This item will move to City Council requests. 2. Economic Development Minutes — June 29, 2006 They were approved as read, will be posted to the website and will move to the consent agenda. 3. PC 2006 -59 Kritzberg —101 E. Center St. — Rezoning and Development Agreement 4. PC 2006 -58 Kritzberg —101 E. Center Street - Setback Variance I Rezoning was requested on this property to convert the house to a business that will sell clothing, gifts and crafts. This request was before the Plan Commission and Zoning Board of Appeals and Page 3 of 9 received positive recommendations. There will be no free- standing signs and the signage will be on the wall of the business. Alderman Leslie expressed concern for a business backing up to residential. Mayor Prochaska asked for a site plan to be included and praised the efforts to convert this structure since it would be difficult to sell as a home. Aldermen Spears, Burd, Bock and Wolfer complimented the petitioner on the benefit of this business. Ms. Burd also noted that money is available from the Fagade Fund. These items will move forward to the consent agenda. 5. PC 2006 -34 Kendall Marketplace —Final Plat and Development Agreement Travis Miller recommended that the final plat be approved subjects to comments. It was suggested that the Cannonball entrance be placed farther south, however, EEI said it is too close to Rte. 34 and cars will stack up at the entrance. He also noted that the sign package was not part of the PUD agreement, but asks for two pylon signs that exceed the height and quantity requirements. The PUD agreement can be modified to allow waivers and Mr. Miller included a draft in the package. It was suggested by Mr. Munns that due to the amount of money being brought in by such a large development, it might be in the City's best interest to allow the requested signs if there were no traffic hazards. A representative of the development said they wish to have pylon signs to include space for all tenants to insure their success. He also said they wish to position them high for maximum visibility. The Mayor expressed concern about the 2 full entrances on the west side and that no allowance is made for a right of way to go through. The undeveloped area on the west side would have to place their full entrance elsewhere not allowing for alignment of the 2 entrances along Beecher Road. These entrances would most likely be signalized. Mr. Miller will work with the developer. 6. PC 2006 -05 Bristol Ridge — Annexation, Zoning and Preliminary Plan This item came before EDC in August with revisions being needed prior to the final approval. Mr. Miller said there are two separate fee structures and that a portion of this property had already been annexed to a larger development. This will move forward to City Council where the annexation and zoning agreement will be considered. 7. PC 2006 -68 Bristol Bay Unit 11— Final Plat 8. PC 2006 -69 Bristol Bay Unit 12 — Final Plat 9. PC 2006 -70 Bristol Bay Unit 13 — Final Plat All 3 items are consistent with the preliminary plan and Staff recommended approval subject to comments. The landscape plans have been resolved (from September 20). These items move forward to City Council consent agenda. 10. PC 2006 -66 Nelson Subdivision —1 % Mile Review This is a 3 -lot subdivision and consistent with the comprehensive plan. Staff has recommended a permanent access easement. The 70 -foot drive provides access to all three properties. Mr. Wywrot Page 4 of 9 recommended that a turnaround be added for emergency vehicles. Attorney Kramer said there will be a full circle turnaround and asked for a positive recommendation. This moves to the consent agenda. 11. PC 2006 -74 X -PAC —Final Plat and Easement Vacation Two lots were consolidated into one lot in order to construct a building. The utility easements were vacated and utility companies were notified. This moves to the consent agenda. 12. PC 2006 -36 Aspen Ridge —Final Plat This development is consistent with the comprehensive plan and Staff recommended approval. It moves forward to the consent agenda. 13. PC 2006 -46 Matlock — Annexation and Zoning This is a revision of the agreement and the property is now contiguous to Green Briar. This will allow the extension of Green Briar Road. It moves to the City Council agenda. 14. PC 2006 -78 Westhaven —Lakewood Homes — PUD Amendment Request Pulte Homes is the developer and Lakewood Homes is pursuing this development with the same plan as previously in place. Language was added to the agreement to allow for shallow water research and a $4400 cash contribution. He also reported that it was recommended that 50% of the units have masonry. Alderman Besco inquired about flush entrances. A Lakewood representative said it would be difficult to achieve and that this is an active adult, not assisted - living community. He said the entrances can be converted. Concern for the buried utilities was voiced by Alderman Leslie. Since the private roads are twisting and he thinks it would not be sensible in the event that repairs are needed. Alderwoman Burd stated that she concurred with Leslie and Spears about their concern for this development and expressed dismay that the Council approved 5,000 square foot lots. It was noted by the Mayor that a recommendation for fees for YBSD had been made, but not for the Kendall County Road Program. He asked that the Council consider a fee for this program. Some positive benefits were noted by Alderman Leslie: good citizens, little school impact and the fact that all are single family homes following the exclusion of the townhomes. Alderwoman Spears asked that the name "Lakewood" be included in the agreement rather than referring to them as "affiliate" (page 3 of agreement). She also questioned the changes of Exhibit 'T" and asked what was contained in the original document. Clarification was made of vebage referring to recapture. It was also noted that Lakewood will not be the developer of the northern portion of the property. This matter will be forwarded to City Council next week if the necessary changes are made by the coming Friday. Since there was lengthy discussion, it will not be on the consent agenda. Page 5 of 9 15. EDC 2006 -26 School Impact Fee Payment Agreement for Bristol Bay Subdivision Attorney Wyeth commented on the letter from Dr. Engler to Centex Homes that discusses the funding of the school site. The City Council was asked to acknowledge this agreement with the understanding that it would come back for an amendment to the annexation agreement. Ms. Burd complimented Bristol Bay for pre - paying in installments and thanked Castle Bank for facilitating this action. This allows the school to be built without a referendum. Mayor Prochaska thanked others in the City for assisting in the process. This item will return to the consent agenda next week for acknowledgment of the agreement. 16. EDC 2006 -23 Amend SSA Policy This item provides for a more favorable review of SSA's if local contractors are allowed to bid for work in SSA developments. Though he agreed with local contractors securing work, Alderman Leslie asked if the Council would be overstepping their bounds in this request. Ms. Burd countered that regulations are set in the Appearance Code, annexation agreements and signage. Attorney Wyeth said a new policy would be drafted to address this issue and it will be incorporated in the standard annexation agreement that will be drafted. 17. EDC 2006 -27 Back -up SSA Discussion Attorney Wyeth referred to a memo regarding the concept of the dormant (back -up) SSA. The question is: should the back -ups be considered at the time of annexation or wait until funding is actually needed? He said that many homeowners are surprised at the fees on their tax bills and particularly in view of the fact that a home can change hands many times. He asked for input from the Council. Ms. Burd commented that some homeowners do not want SSA's. Mr. Wyeth said that SSA's funds are used differently in various communities. Alderman Besco cited the example of the private roads in the Lakewood development discussed earlier that the City would not want to maintain. He felt the SSA's should be included initially and allowed to remain dormant until needed. The Mayor said more discussion is needed on this issue. He said the City staff is still needed to administer these and there could potentially be many small back -up SSA's. The back -up SSA's were begun in Fox Hill when the homeowners' association did not want responsibility of the retention pond. Back -ups are needed in the event of failure of the homeowners' association. Alderman Wolfer added that it should be included in the annexation agreement, that the developer is responsible for such maintenance until it is turned over to the homeowner. This matter will be discussed again in the future. Page 6 of 9 PUBLIC WORKS COMMITTEE (item #20 moved forward on agenda) 20. PW 2006 -185 Sleepy Hollow Road Upgrades —Alternatives Alderman Besco said he asked that this item be included on the agenda. He had asked the City Engineer for an estimate to repair this road to bring it up to the City standards. He added that this road only has a 49 -foot easement and that the City requires 66 feet. Seventeen additional feet would be needed to meet the standards. Alderwoman Burd said there are streets within the City that do not meet the standards. Since Sleepy Hollow is not heavily traveled, she said the City streets should be repaired first. Aldermen Munns and Spears concurred. Besco said that since Sleepy Hollow is a gravel road and is a hazard, it should be closed. An option suggested by Alderman James was to move the road, vacate the present one and obtain an easement in a better location. A wider right -of -way and signal was suggested by the Mayor. Potential liability was also mentioned, though no accidents have reportedly occurred there. It was suggested by Ms. Spears that perhaps the property owner could upfront the money needed for repairs rather than the City bearing the financial burden. Ms. Burd questioned whether or not the road was actually in the City or if it just borders the property that was annexed. The Township Supervisor of this property said he had recommended to the Township Board, that the road remain open. He clarified that this road has always been a township road, contrary to a statement made at an October 26 meeting at Beecher when it was noted as being a County road. He described the road as having minimal traffic and that he was not aware of any accidents there in 9.5 years. A resident of this area, Joanne Gilbert, addressed the Council. She said the road has been used for 45 years with no problem. She asked what road Sleepy Hollow residents should use if it was closed. She noted a school bus on this road just recently. There was a brief discussion among aldermen regarding the repair of older roads in town prior to repair for Sleepy Hollow since Dr. Engler had suggested he might not allow school buses on certain unimproved streets. Alderwoman Burd said that if this area becomes an industrial area, it should be improved the developers. However, an easement would be necessary to widen it to bring it up to standards. Alderwoman Spears moved that this matter be tabled due to the late hour and no impending development. It was noted that the governing ordinance does not impose a time limit at C.O.W meetings. There was no action on this motion. In conclusion, Alderman Besco said he will make a recommendation at City Council that the road be closed. Page 7 of 9 1. Discuss Committee Liaisons Alderman Besco asked for a calendar of the meeting dates prior to liaison assignments. Mayor Prochaska described the role of the liaison as the point -of- contact person. No further discussion at this time. 2. PW 2006 -167 Proposed Generator Sale An offer has been made by RJM Grading to purchase the City generator. This moves to the consent agenda. 3. PW 2006 -168 Mosquito Control Contract 07 -08 Eric Dhuse said the prices would remain the same on this contract and it was suggested that verbage be included that the contract is contingent upon the 07 -08 budget. This moves to the consent agenda. 4. PW 2006 -169 Rob Roy Creek Interceptor (Contract 6) —Change Order #2 This is a reduction of $22,613.16 and moves to the consent agenda. 5. PW 2006 - 170 Kennedy Road @ Freedom Place Intersection Improvement — Change Order #1 The change order provides for a decrease of $35,362. It moves to the consent agenda. 6. PW 2006 - 1712006 Joint and Crack Filling— Change Order #1 This is a decrease of $4,052 and moves to the consent agenda. 7. PW 2006 -172 2006 Miscellaneous Bituminous Paving —Change Order #1 Change order represents as $388 increase. Moves forward to City Council, however, not on consent. Request for further discussion. 8. PW 2006 -173 Raymond Storm Sewer Outfall —Change Order #1 This is an increase of $238,114, but will be paid for by the developer. This moves to the consent agenda, subject to the developer receiving funds. 9. PW 2006 -174 Fox Hill Unit 5 —Final Acceptance & Bond Reduction #2 The punchlist is complete and this item moves to the consent agenda. 10. PW 2006 -175 Routine IDOT Highway Permit —101 E. Center Street This would allow for reconstruction of two driveway aprons onto Rt. 47. This moves to consent agenda. 11. PW 2006 -176 Ordinance Amending City Code 7- 5 -15 -J Water Conservation Regulations This amendment clarifies the intent of the permanent watering system regulations for non- residential irrigation systems. The recommendation is to allow irrigation of up to one acre. There was a brief discussion of irrigation of landscaping in a split area. Mr. Dhuse said that for larger properties, three acres can be irrigated. This moves forward to City Council. I Page 8 of 9 12. PW 2006 -177 SW Regional Transportation Improvements —Amended Engineering Agreement 13. PW 2006 -178 SW Waterworks System Improvements —Amended Engineering Agreement These items are amendments to the engineering contracts. Jeff Freeman of EEI said Pavilion Road was added and is now part of the overall regional improvements. This is based on SSA funding. It moves to the consent agenda. 14. PW 2006 -179 Speedway Redevelopment —Sidewalk Agreement 15. PW 2006 -180 Speedway Redevelopment —Plat of Easement 16. PW 2006 -181 Speedway Redevelopment —Plat of Dedication Mr. Dhuse stated that these are all typical agreements and will encompass utilities. It was noted that Speedway no longer plans to upgrade the station. It was closed for a short time after realizing there were some sewer issues. This moves to the consent agenda. 17. PW 2006 -182 Sunfield Restaurant —Plat of Easement This easement is for the proposed sidewalk and future utilities. Moves forward to consent agenda. 18. PW 2006 -183 Bridge Street Self - Storage —Plat of Easement Easement for utilities and stormwater management. Moves to consent agenda. 19. PW 2006 -184 BP Amoco —Plat of Easement This easement is part of the redevelopment and is for utilities and stormwater. This does allow for the new right -of -way. It moves forward to City Council. DETAIL BOARD REPORT BILL LIST) There was no discussion and this moves to City Council for consideration. PARK BOARD No report MAYOR 1. Tax Levy The City will move forward with the tax levy and the calculations will be at the November 7cn C.O.W. 2. Request for Support of County Road Tax Referendum Mayor Prochaska said he was approached for support of this sales tax. He asked the Council to decide if they wished to move this forward as an agenda item. This is the request for %2 cent referendum for County road improvements. The consensus was to include it on the Council agenda for a motion of support. i Page 9 of 9 ADDITIONAL BUSINESS Finance Director Susan Mika said that a 6 -month budget review will be conducted, however, it will not be completed until December because of the audit. A previous discussion had been held regarding the purchase of Blackberry phones, however, Mayor Prochaska said due to expense, the Palm Pilots will be replaced and the current phones will be kept. There was no additional business and the meeting was adjourned at 11:40pm. Minutes by Marlys Young, Minute Taker Page 1 of 3 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE PUBLIC HEARING CITY HALL CONFERENCE ROOM OCTOBER 17, 2006 7:00 P.M. ELECTED OFFICIALS PRESENT: Mayor Art Prochaska Alderman Marty Munns Alderman Joe Besco Alderman Rose Spears Alderman Jim Bock Alderman Dean Wolfer Alderman Valerie Burd City Treasurer Bill Powell Alderman Paul James City Clerk Jackie Milschewski Alderman Jason Leslie CITY STAFF PRESENT: City Attorney John Wyatt Director of Parks & Recreation Dave Mogul City Administrator John Crois Assistant City Administrator Bart Olson Finance Director Susan Mika Public Works Director Eric Dhuse Community Development Director Travis Miller GUESTS: See attached list. PUBLIC HEARING Kendall Marketplace Business District Mayor Prochaska entertained a motion to go into public hearing for the discussion of the Kendall Marketplace Business District as proposed. So moved by Alderman Wolfer; seconded by Alderman James. Motion approved by a roll call vote. Ayes -8 Nays -0 Munns -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye, James -aye I Lisa Lyon from Ehlers and Associates gave a presentation to the City Council. She explained that she is an urban planner and was hired by the United City of Yorkville to evaluate the proposal for the Kendall Marketplace Business District, to provide research and to draft the plan. She stated that Ehlers evaluated the eligibility of the district which consists of approximately 140 acres at the corner of Cannonball Trail and Route 34. Their evaluation was based on the criteria set by Illinois state statute for Illinois business district and redevelopment areas. The drafting of the plan includes the evaluation of the eligibility, goals and objectives, a statement of a budget and other information pertaining to the term and limitation of the business district plan. The Kendall Marketplace Business District was formed to facilitate and support development of approximately 800,000 square feet of a retail shopping center which complies with the City's Comprehensive Plan. The combination of what the Comprehensive Plan indicates and the existing infrastructure of the site are the primary aspects of the findings of eligibility. The eligibility relates to the deficient infrastructure at the location for the scale of the development that is planned. The finding of eligibility is technically a finding of blight due to the predominance of defected or inadequate street layout. Page 2 of 3 The performance of the developer was also reviewed. Their revenues and expenditures to accomplish this project were evaluated to see if they were found consistent with reasonable ranges of industry standards. Ehlers found that the return the developer is able to achieve is below industry standards unless they are provided some type of incentive to accomplish the regional infrastructure improvements they are being asked to incorporate in their project. These improvements concern Route 34, Beecher Road, Cannonball Trail and a regional stormwater maintenance area. The estimate of development project costs are structured to be consistent with three overlapping financing vehicles. Funding will be provided by business district sales tax, Special Service Area Tax and local sales tax. The total budget is estimated at $26.2 million which is $22.5 million of direct cost associated with the project and an additional $3.7 million in spending authority associated with the district that the City may opt to draw down on. These extra funds are outside of existing obligations to the development coming particularly at the end of the term of the district which is twenty -three years. Ms. Lyon entertained comments or questions. Mayor Prochaska noted that Ms. Lyon inadvertently mentioned a TIF district in her presentation and he wanted to clarify that this is not meant to be a TIF district but is a business district. Ms. Lyon apologized for the error. Mayor Prochaska opened the floor for public comment; there was none. Mayor Prochaska opened the floor for comments or questioned from the City Council. Alderman Spears clarified that the term was for twenty -three years and Ms. Lyon explained that the term of the district is twenty -three years but the financing is for twenty. Alderman Burd noted that the document states that the City expects to issue Special Service Area ad valorem tax bonds. She asked if Ms. Lyon could explain this. Ms. Lyons stated that ad valorem tax bonds are bonds which are levied based on the value of the property. Alderman Munns asked if this district would cost the United City of Yorkville any money. Ms. Lyon explained that the funds being generated are based on new revenue streams that are a result of this development. These new revenue streams pay the upfront costs that the developer will encounter. There is no additional cost for the City. Mayor Prochaska clarified that there are no out -of- pocket expense however the City is going to rebate a portion of the local sale tax generated by this site only. Alderman Burd asked if a portion of the remaining sales tax collected could be designated for improving the older areas of the City. She noted that an Illinois Municipal League session it was recommended that 25% of new development funds be used to improve older sections of a municipality. Mayor Prochaska stated that this can be done through the City's budget process. Attorney Wyeth asked Peter Raphael with William Blair & Co. to give an overview of all the funding mechanisms. Mr. Raphael explained that in order to get the returns up to market rate and in order to pay for the improvements William Blair is issuing three series of bonds. The reason behind this is due to state and federal tax law. The twenty year bonds will be issued and the tree types will be; a bond Page 3 of 3 supported by sales tax (50% of the local share), a bond supported by business district tax (1/2 of I% that the developer is applying to sales within the district) and a Special Service Area bond (a tax only on the development property). The bond proceeds will be used by the developer to make the public improvements. There will be two different Development Agreements; one for two bond issues and one for the third bond issue. The developer will be required to complete the public improvements and the agreement will outline their obligation to do the improvements and control how the developer gets the money. Approximately $17 million will be for public improvements such as those to Cannonball Trail and Route 34. In addition to this, the City will be receiving 1 /2 of 1% of the district's sales tax or approximately $1 million/year. The cost of the shopping center is estimated to be $130 million which could be assessed at $35 million Equalized Assessed Value or EAV. The City as well as other taxing bodies will realize significant real estate tax revenue from the site. Mr. Raphael noted that there will be another public hearing for the business district in one week and then this matter will be before the City Council at the first Committee of the Whole meeting in November to review the bond documents. If the Council is comfortable with everything, the matter will be before them for a vote on November 14, 2006 for the passage of two of the three bond issues. The third bond issue will be before the Council in either December or January. Mayor Prochaska stated that the public hearing coming up will be for the Development Agreement. He recommended that the City Council review the appropriate documents and he noted that anyone in the public could also review them. Alderman Burd requested that the developer consider giving work to local tradesmen. Alderman Leslie asked to clarify that the additional 1 /2 of 1% retail tax is being paid by consumers. Mr. Raphael stated it is an additional tax that consumers will pay at this site only. He stated that this percentage of tax is almost unrecognizable. He noted that this center will be drawing shoppers from an area much larger than Yorkville. Alderman Leslie asked if this tax returned back to the city after twenty -three years. Mr. Raphael explained that when the bonds are retired the business district can be retired. He stated there is the ability to keep this tax "alive" longer if other business district improvements are needed. He stated that normally the tax just falls of when the bonds are retired. Alderman Bock clarified that the tax only applied to the business district and not the single- family homes or townhomes and Mr. Raphael stated that this was correct. There were no further comments or questions. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Bock; seconded by Alderman Burd. Motion approved by a roll call vote. Ayes -8 Nays -0 Munns -aye, Burd -aye, Spears -aye, Bock -aye, Besco -aye, Leslie -aye, Wolfer -aye, James -aye, Munns -aye The public hearing portion of the Committee of the Whole meeting ended at 7:30 p.m. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois