COW Minutes 2006 08-15-06 - i
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APPROVED 10/10/061
UNITED CITY OF YORKVILLE
COMMITTEE OF THE WHOLE
Council Chambers
Tuesday, August 15, 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
Jim Bock — Alderman Susan Mika — Finance Director
Rose Spears - Alderwoman Bart Olson — Assistant City Administrator
Marty Munns — Alderman David Mogle — Executive Director Parks & Rec.
Travis Miller — Community Development Director
Guests
Heather Gillers — Beacon News Kathy Farren — Kendall County Record
Dan Kramer — Attorney Tony Graff
Lynn Dubajic — YEDC Beth & Gary Bennett -Plano
Michael Anderson — PDQ Link Lynn Kline — PDQ Link -
Vince Rosanova — Naperville John Philipchuck — Naperville
Brian Pitstich — Yorkville David Treman — Yorkville
Don Ament — Yorkville Ross Ament — Sugar Grove
Ryan Walter — Aurora Joe Aflit — Palatine
Dan Cunningham — Northbrook Ken Williams — Toledo, OH
Hal Clark — Franklin, TN Lowell Iverson — Yorkville
Martha Price — Yorkville Gary ? — Bolingbrook
Steve Hovany — Schaumburg Lou Miller — Yorkville
Kevin Serafin — Aurora Greg Stevens — Genoa
Paul Bertie — Naperville Chuck ? — Naperville
Katie Cunningham — Chicago John Waggoner — Rogers, AR
David Warren — Chicago Bill McCue — Bristol
Joe Safen — Bloodgood & Sharp Patrick Hughes — Ocean Atlantic
Mayor Prochaska called the meeting to order at 7:00pm.
PUBLIC HEARING:
None
PRESENTATIONS:
None
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ECONOMIC DEVELOPMENT COMMITTEE:
1. EDC 2006 -17 Building Permit Report for June 2006
There were no comments and this item moves to the consent agenda.
2. EDC 2006 -20 Building Permit Report for July 2006
Travis Miller noted that the permits were down 12% from 2005. There were also fewer permits in
Montgomery and Oswego. This moves to the consent agenda.
3. EDC 2006 -21 Ordinance Rezoning Landscape Depot
Attorney Wyeth said this is a cleanup of the annexation agreement. It was noted that Exhibit B
was not attached so it will be next month. This moves to consent agenda.
4. PC 2006 -22 Heartland Crossing —Annexation, Zoning and Preliminary PUD Plan
Mr. Miller had three items for discussion: annexation, zoning and PUD. He said the Plan
Commission met and recommended all three of these. He said Wheeler Road will be realigned and
intersect with Route 47. It was requested to have a filling station as part of the commercial that the
Plan Commission did not approve. The petitioner has since revised the annexation agreement and
the staff agrees with the revision.
John Philipchuck spoke on behalf of Richard Marker & Associates. He said a clarification is
needed on the modification of the code with regard to the sump pump discharges. A swale will be
constructed for this water. Park standards were followed in construction of the detention facility,
however, modifications are being requested that would consider the slope and maximize the open
space. This would also facilitate some stormwater management for the nearby Lutheran Church.
He also said they would upfront some funds that the City would later collect from other developers
and reimburse to his client. He added that they would be responsible for any damaged items in the
subdivision.
Mayor Prochaska made the following requests regarding this development:
1. Asked for a guarantee of grading to facilitate drainage
2. Requested sign for special use area stating "future site of gas station"
3. Requested Council have final approval of the plan
4. Attorney Wyeth will be asked to check legality of using connection fees to help reimburse
purchase of land easement for water extension system
5. The developer should have no debt to the City when the reduction of letter of credit is
requested
6. Language to be included which would not require City to purchase land for Public Works
facility, reserving the right to work with other developers for possible free land
7. Add language to rebate up to 50% of sales tax unless other funds are found
8. Would like Council to consider policy questions
It was noted by Mr. Philipchuck that there will be 789 units in this development. Alderwoman
Burd asked that this plan come back to Council to see how the funds are used. Alderman Bock
agreed since the agreement has not been totally revised.
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Mr. Philipchuck gave a further explanation of the backup SSA. He said that infrastructure will be
needed and since they will be the first developers in this area, they need to make sure funds are
available to do this. He noted his development is not contiguous at this time and therefore cannot
be annexed even though an annexation agreement can be started. They hope to expedite the
agreement to finalize conracts with property owners. Those owners must also appear before the
Plan Commission to be annexed. Alderwoman Spears asked that the Council members receive
memos from the Attorney stating all conditions have been met.
If the final version is available by the coming Friday, the Council will be able to vote on this issue
at the next Council meeting. j
S. PC 2006 -34 Kendall Marketplace — Concept PUD, Zoning and Preliminary PUD
A ositive recommendation was received from the Plan Commission for this development. A few
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minor revisions in the plans were made according to Rick Filler of Harlem Irving. These changes
were made following concerns from area residents regarding cut - through traffic. The traffic
situation should improve when Beecher Road is connected.
Mr. Filler said trees will be transplanted onto lot lines and will transition into townhomes. He also
said his company would work with each affected Cannonball homeowner to landscape their yard
with a berm and plantings.
Jim Snyder of Harlem Irving requested the facade requirements be relaxed since other nearby
homes did not have specific requirements. Alderwoman Burd asked when the appearance code
went into effect in relationship to that subdivision. This code went into effect after the subdivision
according to Mayor Prochaska and he added that the Council might ask for increased standards due
to higher density of 4.34 units per acre. Mr. Filler countered that his company will be donating 10
acres for a new Police station.
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Alderman Bock stated he did not want the facade requirements relaxed since the developer has
kept the townhomes in the location where the City had asked for single family homes. Mr. Filler
asked that his project not be held to a higher standard than any other project. Elimination of the
townhomes was suggested, however, the developer said townhomes were needed to transition to
the shopping center. Community Development Director Travis Miller noted that staff and Plan
Commission recommendations called for transitional homes. Speaking on behalf of Kylyn Ridge
residents, Mr. Bock asked for a reduced ratio of townhomes.
Wider access to the townhomes and more parking spots were suggested by Alderman James. He
said the developer did a good job of listening to public concerns. Mr. Munns concurred and also
complimented the developer on working with individual homeowners. Mr. James suggested
using townhomes to line one edge of the property and then transition into single - family homes.
In conclusion, Mayor Prochaska asked that language be included in the agreement that would allow
for landscaping and the new layout for the road. This item will move onto City Council.
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6. PC 2006 -43 Westbury Village —Annexation and Concept PUD
Attorney Dan Kramer, representing Ocean Atlantic and many of the farm owners of this
development, introduced the Westbury Village Development. He turned the floor over to Mr. Pat
Hughes, Ocean Atlantic Director of Operations. He noted the following highlights:
1. The focal point will be the Village Green
2. Will finance and construct a $12 million elementary school with approval of Dr. Engler
3. Will include banquet hall open to public, located on golf course
4. Committing $5 million payment to contribute to widening of Rt. 47
5. Will pay $60 million in fees to the City increasing the tax base to $1.2 billion
6. Will support employment for local builders
7. Will increase employment opportunities in retail areas
Greg Stevens, V.P. of Lannert Group presented the concept plan for this development. He said the
East Village is located at Rt. 47 and Galena while South Village is located south of Corneils Road,
both of which are already annexed into the City. The Middle, North and West Villages are the
expansion areas. An improved Beecher Road will provide a north -south connection. The overall
area of all villages is approximately 1,175 acres with 3,912 units at a density of 3.2 units per acre.
The development is a mixed use with two commercial sites. Other amenities include a 2.5 -acre
fire station, neighborhood clubhouses, trail systems, pools and golf course.
Other representatives of the development made the following remarks:
1. Amenities will be clustered around central area
2. Central facility will serve all residents, not just golfers
3. Will offer many housing styles (various housing depictions were shown)
4. Will include fitness facility
5. Quarry on property will be used in conjunction with amenities /golf course
6. Construction will begin in early Spring
7. High school and Park District could use golf course, as well as events being sponsored on
the course
Travis Miller reported the concept PUD, except for the density, has been recommended for
approval by the Plan Commission. They also approved annexation. The plan calls for 3.6 units per
acre in the multi - family housing in contrast to the recommended 2 - 2.5 units. He said there will
be 267 acres of open space. Beecher Road will be a major collector street in this development.
City staff recommends that the density be looked at very carefully.
Alderwoman Spears said she disagrees with the proposed density and that only 1/ of the units are
single family. She added that the roads are narrow and the lots are small in a similar development
in Batavia. Mr. Hughes said this kind of density is necessary to make this type of development
work. Mayor Prochaska expressed his concern about higher density dwellings at the back end of
the subdivision. He felt those should be nearer to the road. He is also concerned about single -
family homes near the asphalt plant.
School boundaries were also addressed. Alderman James said the boundaries for Yorkville and
Plano cut through South Village. The developer has spoken with the school districts and will try to
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position the boundaries at the lot lines or streets. Signage to that effect for potential buyers, was
suggested.
Mr. Miller reviewed opinions of both the developer and City that included the following.
1. The City does not want to allow variances that would increase density.
2. The developer is asking for a private service for sewers if the City cannot provide
3. Some private wells on the property
Road improvements will be made to Galena Road and Eldamain Road and the developer will
collect fees from the County. Alderwoman Spears suggested asking for a letter of agreement from
the County.
Discussion turned to the increased fees to the developer. Mr. Hughes said the planning was done
based on the previous fee structure and he said the developers are unable to pay the increase of $30
million in fees. He said they were unable to plan for such dramatic increases. Alderwoman Burd
stated that Yorkville has agreed on the fees in an inter - governmental agreement with the County
and the Mayor added that the City would set a precedent if they did not collect the fees. Mr.
Hughes noted that the fee was $150 per unit when the property was annexed.
Alderwoman Spears noted some of the advantages and disadvantages of the Westbury development
and added that some smaller developers are coming to Yorkville and paying the necessary fees.
She said it would not be fair to place the burden on the current taxpayers and thatYorkville's fees
are not as high as some towns. Mr. Hughes said he only recently became aware of the increased
fees. Ms. Spears pointed out that the annexation agreements state the current fees will be paid.
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There was a brief discussion of the water and sewer and the language for that responsibility.
Building inspections language and back -up SSA's were also mentioned. Language discussing
whether the development would be in or out of the City was also considered. Mayor Prochaska
said he would not approve the agreement with such uncertain language.
Approximately 9,568 residents will be added with the completion of this project according to Mr.
Hughes.
Attorney Kramer said he will arrange a meeting with Travis Miller for revision of the agreement.
7 PC 2006 -53 Bristol Bay Unit 8 — Final Plat
8. PC 2006 -54 Bristol Bay Unit 9 — Final Plat
9. PC 2006 -55 Bristol Bay Unit 10 — Final Plat
These items were considered simultaneously. Travis Miller said the plats agree with the
preliminary plans. City staff recommended approval subject to the comments in the City report.
Mr. Jim Berry of Centex Homes said he thought there might be confusion regarding setbacks. He
said the lines in the drawing are lot lines, not building lines. Alderman James asked if additional
parking would be provided for the townhomes. While this was not a condition of the agreement,
the developer will consider the parking. These items will be moved to City Council next week.
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10. PC 2006 -56 Blackberry Woods — Final Plat
Mr. Miller reported this is a challenging site and would be approved subject to the petitioner
clearing debris from the property. This cleanup will be done this fall. Mayor Prochaska asked that
the lots be posted indicating there will be a trail and walkway to a nearby school. This moves to
City Council next week.
11. PC 2006 -33 Wal-Mart Rezoning and Preliminary Plan
Rezoning was requested for a 6.3 -acre portion of this property and a preliminary plan was
submitted for approval. Mr. Miller reported the Plan Commission recommended approval for the
rezoning and it will be subject to staff comments. He briefly commented on the stormwater basin
on that property. This moves to the next City Council meeting.
12. EDC 2006 -22 Population Projection and Development Key
This was an informational report compiled by Bart Olson showing a population projection of
approximately 79,000 persons by year 2012.
13. EDC 2006 -23 Amend SSA Policy
Alderwoman Burd had previously suggested an amendment to the current SSA policy. She
suggested adding language to provide opportunities to local builders and contractors to participate
in the current housing boom. Residents had suggested local craftsmen were not getting a share of
the work. She said a certain percentage of lots should be set aside for local companies /persons.
The Mayor would like allowances or opportunities for bidding by smaller contractors in the big
developments, particularly if special considerations are awarded to the big developers. Alderman
Munns said this should be discussed at EDC. Ideas should be given to staff for a future EDC
discussion. Ms. Burd also thought that SSA's should not be guaranteed in annexation agreements
because SSA's are accelerating big developments. The SSA benefits to the residents of those
developments should also be examined according to the Mayor.
14. EDC 2006 -24 West Kendall Property Conveyance
This matter pertained to a parcel of land backing up to Blackberry Creek that will be conveyed to
the nearby property owner, by adverse possession. This will move to the City Council consent
agenda next week.
PUBLIC WORKS
1. Public Works Minutes — June 5, 2006 and July 3, 2006
Were approved as read and they will be released.
2. PW 2006 -129 Routine IDOT Highway Permit and Resolution — Saravanos Rt. 47
Improvements
This is a typical IDOT permit and the State charges the City with guaranteeing completion of work.
Mr. Wywrot approves this action that would allow a traffic light at Rt. 47 and Saravanos Dr. south
of the McDonald's. It moves forward to the consent agenda.
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3. PW 2006 -130 Roy Roy Creek Interceptor (Contract 4) — Change Order #1
This allows removal and replacement of sewer tile and was recommended by Mr. Wywrot. This
moves to the consent agenda.
4. PW 2006 -131 Shops at Veteran's Parkway — Plat of Easement
This was recommended for approval and would be for the plat of easement showing grading,
utilities, etc. This moves to the consent agenda.
S. PW 2006 -132 Disposal of Surplus Property
Mr. Dhuse asked permission to sell two surplus generators. The proceeds will be used to purchase
a generator for another site. A consensus was needed to enter into discussions with the prospective
buyers and then come back to Council for a vote on the prices.
6. PW 2006 -133 Fox Hill (Unit 6, Lot 2) —Plat of Easement
Mr. Wywrot recommended approval of the interior and perimeter easement. A signature has been
received from the grantor. This moves to the consent agenda.
7 PW 2006 -134 2006 Asphalt Surface Treatment Program —Bid Results
A Sugar Grove firm was low bidder for this program. Mr. Dhuse mentioned the streets that will be
treated this year and said the bid was $1200 below estimate. This moves forward to the consent
agenda.
8. PW 2006 -135 Menard's Commercial Commons, Lot 9 (Culvers) — Plat of Easement
Mr. Wywrot recommended approval for this plat of easement for a 5 -foot strip alongside Culvers
that is for new onsite utilities. This moves to the consent agenda.
9. PW 2006 -136 Raintree Village Unit 4 —Letter of Credit
This starts the process to call the letter of credit. This moves to the consent agenda.
10. PW 2006 -137 Grande Reserve Unit 12 — Letter of Credit
Mr. Dhuse reported that IDOT will have to accept the improvements before dollars are freed. Mr.
Wywrot is OK with sending this to IDOT. This moves forward to the consent agenda subject to
IDOT accepting.
11. PW 2006 -138 Grande Reserve Unit 13 — Letter of Credit
12 PW 2006 -139 Grande Reserve — Route 34 Improvements Approval and Bond Reduction #2
13. PW 2006 -140 Grande Reserve Regional Park — Earthwork Acceptance and Letter of Credit
Reduction #2
This is for the earthwork only. Mayor Prochaska asked staff to ascertain that there are no
outstanding debts to the City. These will all be placed on the consent agenda.
14. PW 2006 -141 Wells No. 3 & 4 Treatment Facility — Change Order #3
This order is for a $900 increase for additional work and also requests a 31 -day extension. Mr.
Dhuse said the City's deadline for IEPA is November 1 This moves forward to the consent
agenda.
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15. PW 2006 -142 Prairie Meadows Subdivision — Bond Reduction #1
This is a routine reduction for which Mr. Wywrot recommends approval. This also moves to the
consent agenda subject to same language as item #14.
16. PW 2006 -143 2005 In -Town Drainage Program — Change Order #13
This item closes out the project and is a substantial decrease. Mr. Wywrot recommends approval
of this action also. Moves to consent agenda.
17. PW 2006 -144 Prestwick of Yorkville (Phase 1) —Revised Construction Guarantee Amount
Mr. Dhuse reported that Phase 1 has not been recorded yet though it has been approved. Since the
reduction was requested, less work is needed and Mr. Wywrot has recommended approval. The
Mayor requested the plat be recorded and this moves to the consent agenda.
18. PW 2006 -145 Cannonball Estates Units 1 & 2 — Final Acceptance of Watermain, Sanitary
Sewer, Roadway and Miscellaneous Improvements
Mr. Wywrot has recommended approval of all but the storm sewer and the Mayor asked that there
be no outstanding payments to the City. This moves to consent agenda.
DETAIL BOARD REPORT BILL LIST):
The following items were discussed:
Page 15: Rental Equipment: This equipment was actually purchased.
Page 19: Copier Charges: $5,000 was spent on copier charges and Alderman Munns asked if the
charge was a per copy rate. Finance Director Mika will research to determine if the City exceeded
the maximum. Mr. Munns said this should be reviewed especially if the contract is nearly up. Ms.
Mika is currently looking at copier charges as well as phone bill charges.
Page 1: 20 Banners: These were for the emergency watering ban
Page 6: Municipal building phone system: the system was upgraded throughout the buildings.
Page 8: EEI Grande Reserve: Money was front - funded for roads
Page 15: Portraits: For portraits of former Police Chief Tony Graff and also one of Jumbo, the
police dog.
Page 18: Kendall Co. Fencing: A gate was installed around the old Post Office for secure City
truck storage.
This list moves to City Council for consideration.
PARK BOARD:
1. PKBD 2006-0 7 Raintree Village Park — Construction Bid Approval
Mr. Mogle reported this is a continuation of the work at this park site and that J.E.M. Morris
Construction was the low bidder. A change order will be issued when that bid is accepted. This
moves forward to the City Council consent agenda.
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MAYOR:
1. Coffee with the Mayor. August 19` at the Farmer's Market, Town Square Park (Main & Rt.
47) from 9: 00am until 11:00am
Mayor Prochaska made note of the next coffee and invited all to attend.
2. ZBA 2006 -38 BP Amoco Sign Variance
The Amoco had requested a sign variance with a positive recommendation from ZBA, however,
the Board asked that a brick masonry support be used. Mayor Prochaska said this matter could go
forward with this additional request.
Other minor requests from Amoco were read by the Mayor and he asked the representative from
Amoco to review them for the Council. He said the following: the signs on the building would tell
the customer what the business offers, there will be more detention, the lighting will be same as
prior and that this new building is the first new prototype in this area for the Wild Bean Cafe. He
briefly explained the reasons for the variances requested. He said the Sunfield Restaurant will
remain operational during the construction, however, they are seeking another lot for their
business.
Since so many variations are being requested and recommended for approval, the Mayor asked that
the sign completed at the time of reconstruction. The Amoco representative disagreed due to
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the fact that IDOT will be taking part of the right -of -way in the future. The consensus of the
Council was to have the sign completed at time of project completion. This moves to the consent
agenda.
3. ZBA 2006 -41 Wal -Mart Variances
Travis Miller summarized Wal -Mart's variance requests and the ZBA recommendations. Mr. Paul
Bertie spoke on behalf of Wal -Mart and discussed the lube sign and other signage. He also said the
monument sign is agreeable to Wal -Mart. Mayor Prochaska suggested a second sign to direct
customers to the oil and lube rather than allowing the requested height. He said those signs should
be less than 8 feet high. He concurred with the remainder of the ZBA recommendations.
This moves to City Council for a vote or to the consent agenda with the proper verbage.
AD HOC TECHNOLOGY:
1. PDQ Link Agreement
Bart Olson introduced the lease agreement with PDQ Link for review. With this agreement, the
City would receive $100 a month rent per water tower plus free wi -fi's in the parks and Beecher.
A camera would also be placed on the water tower. The Mayor also asked about a camera on the
dam site and Mr. Anderson of PDQ agreed. The term of the proposed agreement is 4 years with
an additional 3 terms of 4 years each for a potential of 16 years. Those terms would need to be
reviewed.
Finance Director Mika stated that she is currently interviewing IT techs and because of that Mayor
Prochaska suggested this matter be brought back after a staff person is in place to review this
agreement.
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Mr. Anderson noted that paragraph 18 states either party can cancel the agreement with 30 days
notice. He felt this would not give him any expectation of longevity of the agreement. Attorney
Wyeth also suggested a revision of the language concerning money being initially invested. The
Council also needs the ability to review the lease. A four -year term was generally agreed upon and
would coincide with election of Council members. City Council laptops could be used with this
system. This will be brought back to the C.O.W.
ADDITIONAL BUSINESS:
Alderman Munns asked that the issuance of laptops for the Council be placed on a future agenda
especially since $5,000 additional was spent on copier charges. This will be put on the agenda for
the first week of October.
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Alderwoman Burd suggested that the ad hoc committee have additional members while the Mayor
suggested that it be incorporated into the C.O.W meetings.
She also asked that liaison issues be discussed at the next C.O.W. meeting under "City Council
Requests ".
Ms. Spears asked for an updated historical street name list since she has had residents ask about the
progress of nominated names. Glory Spies should be able to provide this. Also, Ms. Spears asked
for an updated ward map. These are available on the website.
There was no additional business and the meeting was adjourned at 11:39pm.
Minutes respectfully submitted by
Marlys Young, Minute Taker
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