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COW Minutes 2006 09-19-06 Page 1 of 9 APPROVED 11/14/061 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE Council Chambers Tuesday, September 19, 2006 — 7:00 pm In Attendance: Citv 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 Travis Miller — Community Development Director Marty Munns - Alderman David Mogle — Executive Director Parks & Rec. Guests Heather Gillers — Beacon News Kathy Farren — Kendall County Record Gary Davidson Dean Tomich Greg Hill Cheryl Durland Nick Ryan Trevor Ryan Kurt Wandrey — Lakewood Homes Jim Truesdell — Lakewood.Homes Dave Gravel — Lakewood Homes Andrew Wydra Tim Tynan Glen McMaster James Uecker Bruce Devick Lynn Dubajic Kevin Carrara — Rathje & Woodward Herb Kleinwachter Jason Poppen Peter Huinker James Olguin Jim Hoving Nancy Kolowski Tim O'Keefe Tony Graff — MTG Land Management Dan Kramer — Attorney John Philipchuck — Attorney Drew Daniels Mayor Art Prochaska called the meeting to order at 7:04pm. PUBLIC HEARING: None PRESENTATIONS: 1. Walnut Enclave Concept Plan Postponed. I Page 2 of 9 2. Sexton Development — Rob Roy Falls Concept Plan Drew Daniels of Sexton Development presented some facts concerning this development that is on Rt. 34 west of Cannonball Trail and east of Eldamain: 1. Senior living area is on 75 acres west of Rob Roy Creek, single family & duplexes, assisted living, age - restricted 2. Not annexed into Plano School District, however, not many students expected 3. 125 acres commercial 4. Possible hotel 5. Beecher Road will be 5 lanes 6. Density of Rob Roy Club will be 300 -380 units. Club includes tennis courts and pool. This is a gated community with assessments 7. Adjacent to future Kendall Marketplace Mr. Daniels will return to a future meeting with more information. ECONOMIC DEVELOPMENT COMMITTEE: 1. Economic Development Minutes —July 27, 2006 Approved as read, will be posted. 2. EDC 2006 -25 Building Permit Report for August 2006 Travis Miller reported the permit requests were up 51 % in August 2006 from August 2005. 3. PC 2005 -52 Kleinwachter —Preliminary Plan Attorney Dan Kramer said this plan had been before the Plan Commission and they have approved it. The only change made was in response to a request from Joe Wywrot to straighten the streets in the back. City staff has also recommended approval and this moves forward to the September 26 City Council consent agenda. 4. PC 2006 -26 Cobblestone —Preliminary PUD, Preliminary Plat and Draft Development Agreement The Plan Commission has recommended approval according to Attorney Kramer. He is working with City Staff on the Rte. 34 entrances. A requested parking variance is expected to be allowed. The City is also considering a right -of -way and utility easement and possible lighting at the Rt. 34 entrance will be subject to an IDOT review. This item moves to the September 26 consent agenda. S. PC 2006 -50 Prairie Pointe — Preliminary Plan and Final Plat Peter Huinker of Smith Engineering reported this plan had received a positive recommendation from the Plan Commission. The development is a 4 -lot commercial site behind the new Post Office. It is expected to be built by March 31 Travis Miller said that Crimson Lane is on the south edge of that site and he said it is hoped that eventually the Post Office will exit onto Crimson rather than Parkway. The Staff is recommending a cross access easement and the Post Office will make the final determination. This item moves to the September 26 consent agenda subject to items 3 & 4 in Mr. Miller's report. Page 3 of 9 6. PC 2006 -57 Prestwick of Yorkville Unit 2 — Final Plat This is Phase 2 of Prestwick and is located at Rte. 126 and Ashley Road. The Plan Commission has given unanimous approval with some further engineering comments to come. Travis Miller said the plan meets with staff approval. This moves forward to the City Council September 26 consent agenda. 7. PC 2006 -63 %ndallwood Estates —Final Plat Attorney John Philipchuck was present on behalf of Kendallwood Estates. He gave an overview of this development and said the site is 50 acres with 83 single - family homes. They are currently working on a second access that would be off Rte. 26 with the primary access off Van Emmon. Alderman James asked about a bike trail in this development. Mr. Miller replied that Com Ed approval would be needed and it is hoped this approval will be granted. The contractor would then be asked to construct this trail or provide an estimate for one. With many trucks in and out due to construction, Alderman Besco expressed concern about Van Emmon being able to handle the weight of the trucks. Mr. Philipchuck said a temporary access could be secured off Rte. 126 and the Mayor said this could remain until permanent access is approved. Language can be added in the documents allowing this action, according to Attorney Wyeth. This matter moves to the consent agenda of September 26 subject to staff comments. 8. PC 2006 -05 Bristol Ridge —Annexation, Zoning and Preliminary Plan Kevin Carrara spoke on behalf of this development. He concurred with the agreement and added that City staff wished to discuss the provision for recapture for the Galena watermain extension. Mr. Miller requested a cash donation rather than land donation for the schools. This moves to the September 26 Council meeting for a vote. 9. PD 2005 -4 Schramm — Annexation and Zoning Travis Miller said the City wishes to annex this property that is located south of Rte. 30 and east of Rte. 47 and is comprised of 182 acres. This property would have a mixed use with R -4 zoning. The proposed residential density is 5.16 units per acre and at the time discussions began, 12 units per acre were allowed. Alderwoman Spears took issue with the density saying it was almost double that allowed now. However, the Mayor said this agreement has been on the books for a long time and this density is a compromise. Other comments included: 1. The townhomes look the same, various elevations should be explored 2. Other developers had to absorb extra costs in relation to the proposed density 3. Gateway to City should have a more aesthetic look than row after row of townhomes 4. A landscape buffer was suggested for a more pleasing look This moves to the City Council agenda on September 26 however, not on the consent agenda. I Page 4of9 10. PC 2006 -61 GCM Properties — Special Use Request This request is for a daycare facility for 20 children with 2 staff members. It is scheduled for a Public Hearing September 25th and will be placed on the September 26 Council agenda pending the outcome. 11. PC 2006 -78 Westhaven — Lakewood Homes — PUD Amendment Request Kurt Wandrey, Sr. Vice President of Lakewood Homes, contract owner of this property, gave an overview of this property and the company. He introduced Jim Truesdell, Director of Planning & Zoning of Lakewood Homes. He said his company is taking over what was the former Del Webb development. Mr. Truesdell provided an overview of the development and the types of housing that would be built. There is a total of 312 acres, 5 units per acre and an overall density of 3.2 units per acre. The main entrance will be off Galena Road while the development itself, will be served by a ring road. Housing prices would range from $200,000 to $300,000. Alderman James commented that he likes the single - family homes and the senior community that will have a low impact. While it is age- restricted, some of the impact fees will be used for a 15.2 - acre school on a non -age restricted portion. The average age will be 60 with a range of 2 -3% young residents being allowed. I There was brief discussion on the construction access off Galena into the commercial area. The Mayor reminded the developer that in the previous development discussions, the residents would later decide if that access would be kept. Mr. Wandrey said he would like to see it become permanent. i The following facts were also noted: there will be no SSA's in this development, watermains will be underground and the streets will not be City responsibility. City staff also recommends a provision to allow access to the property to conduct shallow well resource analysis and the Mayor concurred. This item will move to the October 10 City Council meeting. 12. PC 2006 -37 O'Keefe Property —Annexation Attorney John Philipchuck represented this property that is located at the southeast corner of Comeils Road and Rte. 47. The annexation agreement and zoning petition was before the committee and Travis Miller reported that City staff recommended approval of the September 12 document. This item moves forward to the September 26 City Council. 13. PC 2006 -34 Kendall Marketplace —Rezoning Travis Miller said this is the ordinance for rezoning and grants entitlement. The PUD has already been completed. This moves to the City Council consent agenda for September 26 th . 14. EDC 2006 -19 South Area Joint Engineering Funding Agreement Some re- calculations need to be completed for this project and it is hoped that the documents will be completed and turned in by week's end. Front - funding has been requested for YBSD and the estimated cost for engineering is $1.9 million. This will be placed on a future agenda. i Page 5 of 9 1 S. EDC 2006 -23 Amend SSA Policy Attorney Wyeth was asked to provide language for SSA's and asked for comments. Ms. Burd asked for a definition of "local" radius of miles. The Mayor explained that it would be within the City limits. Further clarification suggested using the language "companies within City limits" and that they should be treated more favorably. Ms. Burd added that any developer who asks for an SSA should be willing to enter into this agreement. This item will return to EDC on October 17 (next agenda item out of sequence) ADDITIONAL BUSINESS: Alderwoman Burd asked to discuss additional business next on the agenda. She said she tried to obtain employee phone records from the Finance Department, however, had received a memo that stated those records were sensitive material that were only viewable at the Attorney's office. She asked why it had taken so long to get a reply. Ms. Mika replied that responses were needed from other department heads as well as authorization from the Attorney. Mr. Wyeth stated that these records involve City employee names and could result in employment law issues. Ms. Burd countered that information she got from a website state that those phone records and a -mails are public record. She said that there is a problem of getting information to all Aldermen. Mayor Prochaska said that no one is trying to hide information. He added that he would likely issue a memo to employees that they have no expectation of privacy in such matters. Ms. Burd also said that the City Council should determine what information is given to the press and should set a policy. Alderman Munns said that appointments should not be necessary to obtain City information while Alderman Besco said the public perceives secrecy as wrongdoing and that the City Council should determine what is released. A former department head was allowed to purchase a City phone according to Ms. Spears, who also wondered who had given that permission and what the cost of the phone was. Mr. Crois said the former employee was allowed to use the phone prior to Finance Director Mika's arrival. Ms. Spears suggested that reimbursement should be made. This item will move forward to City Council on the September 26 agenda. Mayor Prochaska said the owner of a horse farm near Grand Reserve school had approached him regarding fencing. That owner said students from the school are able to get near the horses and could be injured. The City is researching a compromise and a suggestion was made that the fencing be opaque. Alderman Munns suggested that the City develop an inventory system. Small items under $500 are not recommended as part of the inventory system. Currently, a rotation replacement policy is also being reviewed by the City. A large database would be needed to track equipment via the budget and tagging systems are reportedly very expensive. At the conclusion of the discussion, Alderman Besco suggested researching how other municipalities track their property. Page 6 of 9 (return to agenda sequence) PUBLIC WORKS 1. PW 2006 -146 Water Department Report for June 2006 No comment, moves to City Council consent agenda. 2. PW 2006 -147 Water Department Report for July 2006 No comment, moves to City Council consent agenda. 3. PW 2006 -148 IDOT Highway Permit and Resolution —Walnut Plaza This grants a right in/right out entrance to Rt. 47 north of Walnut Street. It will be forwarded to the Council consent agenda. 4. PW 2006 -149 IDOT Highway Permit and Resolution — BP Amoco 5. PW 2006 -150 IDOT Highway Permit and Resolution —Fountain Village The City will oversee both of these projects and both move to the consent agenda. 6. PW 2006 -151 Prestwick (Unit 1) — Earthwork Letter of Credit Reduction #2 A letter of credit reduction of $186,805.62 was recommended by Mr. Wywrot. It moves to the Council consent agenda. 7. PW 2006 -152 Prestwick (Unit 1) — Sitework Letter of Credit Reduction #3 A letter of credit reduction in the amount of $931,309.18 was recommended by Joe Wywrot. This moves forward to consent agenda. 8. PW 2006 -153 Raintree Village Unit 6 — Theoretical Construction Guarantee Reduction No. 2 Though the final plat has not been recorded yet, a theoretical reduction of $761,177.11 was recommended. It moves to the consent agenda. 9. PW 2006 -154 River's Edge Subdivision Unit I — Warranty Letter of Credit Expiration The City Attorney was authorized to send a letter that the warranty letter of credit expires on December 1 St with some items not being completed. This moves to the consent agenda. 10. PW 2006 -155 Galena Road Watermain — Change Order #1 This change order was for additional pipe and valves to increase the length of pipe under the road. This moves forward to the consent agenda. 11. PW 2006 -156 Walnut Plaza —Plat of Dedication and Plat of Easement No comment, moves to consent agenda. 12. PW 2006 -157 YMCA —Pool Property Construction Easement This granted a temporary construction easement for the sewer line from the old Bruell pump station to the new one. At the time of construction, the property ownership was in dispute and now the easement is no longer needed. Staff recommends that the document be accepted since the owner now has a contract for the property. This moves to the consent agenda. Page 7 of 9 13. PW 2006 -158 LOOT Request —Subordination of Surface Rights for Southeast Corner of Route 47 and Countryside Parkway This request is from IDOT granting them primary rights with respect to surface rights on a small piece of property near the Fox Valley Shopping News. It was noted that the City was referred to as a "Village ". This document will move to the consent agenda subject to the language being changed to read "United City of Yorkville ". 14. PW 2006 -159 ComEd Interceptor — Easement Letter Agreement This letter amends certain terms of the 1998 easement agreement and ComEd is requesting a $16,600 payment by December 31 This item moves forward subject to finding funds for this unbudgeted expense. 15. PW 2006 -160 Yorkville Market Square — Sidewalk Agreement This is a standard agreement for sidewalk completion and moves to the Council consent agenda. 16. PW 2006 -161 Garden Club Proposal for Hanging Baskets in Downtown Area Representatives of the Garden Club were present on behalf of the proposal to partner with the City to maintain flower baskets in the downtown. They reported they have 17 sponsors at this time and only asked for assistance in watering the baskets. Alderwoman Spears and Mayor Prochaska complimented the Garden Club on their hard work and thanked them for obtaining sponsors. A newsletter acknowledgement of sponsors or a windshield decal was suggested. This moves to the consent agenda. 17. PW 2006 -162 Sale of Generator It was proposed to sell a surplus generator to the Village of Capron for $6500. This moves to the consent agenda. 18. PW 2006 -163 Updated 6 -Year Capital Improvement Program This proposed program will return to the October 17 Public Works for further discussion. 19. PW 2006 -126 Road Fee Policy Travis Miller presented a draft of a Road Fee Policy to direct the administering of those fees. The policy suggests how to collect the fees and also how they will be applied. The fees will be included in all annexation agreements, will be based on a per - dwelling unit and the amount will be determined annually. The Mayor cautioned that there was case law regarding collector roads that serve multiple areas. This will move to the consent agenda. 20. PW 2006 -164 Revised Landscape Ordinance Laura Haake gave a presentation on the revised ordinance. She noted the following: 1. Some language has changed 2. Addresses height of vegetation on medians and intersections 3. Added a nuisance tree list 4. Expanded tree list from 53 to 84 5. Tree preservation portion strengthened Page 8 of 9 Attorney Wyeth said a public hearing should be held in October since these are changes to an ordinance. 21. PW 2006 -165 BP Amoco Redevelopment —Sidewalk Agreement This is a standard agreement allowing sidewalk along the frontage of this property and will move forward to the consent agenda. 22 PW 2006 -166 IDOT Highway Permit and Resolution —Speedway This is a routine resolution and allows for upgrades to the existing driveway and related improvements for this business. It moves forward to the consent agenda. I CITY COUNCIL REOUESTS 1. Discuss Committee Liaisons This will be discussed.at the beginning of the respective committees at future C.O.W. meetings. DETAIL BOARD REPORT BILL LIST) Page 3: Raintree Village SSA: The City is collecting and dispersing these funds. Page 4: Public Salary Annual Fee: It was questioned if the City could use the Illinois Municipal League Page 24: Reliable Computer Service: This was for raingear and is likely coded incorrectly. Page 36: Police Pension Fund Real Estate Taxes: Ms. Mika will research this item The Bill List will move to the City Council agenda for consideration. i PARK BOARD No Report. MAYOR 1. ZBA 2006 -58 O'Brien — 207 W. Ridge Street — Side Yard Setback Variance This item recommended Council approval to reconstruct a historic porch. Mayor Prochaska said this item would be placed on the consent agenda for consideration. 2. COW 2006 -08 Ordinance Imposing A Fee, Tax or Surcharge on the Permanent Disposal of Solid Waste If a solid waste landfill is* located within the City limits, the City has the right to collect a surcharge of $1.27 per ton of disposed waste. According to the Mayor, it is only allowed once in the area and is based on whichever municipal passes the ordinance first. If the City annexes the property for the potential landfill, this ordinance would allow the City to collect this surcharge. After a very brief discussion, a motion was made by Besco and seconded by James to approve an ordinance that would allow the collection of this fee. There was no further discussion and the motion was passed unanimously on a roll call vote. Page 9 of 9 There was no Executive Session. The meeting was adjourned at 10:50pm. Minutes respectfully submitted by Marlys Young, Minute Taker I I i I PLEASE SIGN IN' MEETING: C- 0 tu l DATE: NAME STREET ADDRESS CITY 4 loo CA W w r f� 6 0' i � J s r.l h r4 O-C 04ZATa /Jer / `'!('IH/'�G��!♦ �Z O� Cf aw•l• i8 rM �Cfig b 775 CRAJ 57 PLEASE SIGN IN' MEETING: DATE: NAME STREET ADDRESS CITY ;2,;;L_'Z w &*l3L kiO Cam- X ,,f G l l; 2 q,33 1 vL_5 1?6 A 0 a b 00, Q /I I