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COW Minutes 2006 08-15-06 - i Page 1 of 10 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 Page 2 of 10 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. Page 3 of 10 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 P P 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. i 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. Page 4 of 10 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 Page 5of10 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. I 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. I Page 6of10 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. Page 7 of 10 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. Page 8of10 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. Page 9of10 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 1� p p � 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. Page 10 of 10 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. I 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 I . I I PLEASE SIGN IN MEETING: '-- —, DATE: � NAVI STREET ADDRESS CITY lo 0-f Nary I p� q63 . We S -ern Ot 1` vw 2 d o ✓ 7 IQy 4n 2 2 S o 4...) v v -r o r o` a -pe k � i f lrL �C�2��F /-- 4, L G.61ENL - vepc , emt, i � r) n� h �w► I �i l WGr.�er �, etc ClIp j bhOJ I.�AG'Cv�cA't� 7i 1� c� . �s� r✓ �0 6 �'u �t ,�- • i j i