COW Minutes 2006 07-18-06 I
Pa 1 of 7 [APPROVED 9/12/061
UNITED CITY OF YORKVILLE
COMMITTEE OF THE WHOLE
Conference Room
Tuesday, July 18, 2006 — 7:00 pm
In Attendance:
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Art Prochaska - Mayor Charles Hervas — Acting City Attorney
Paul James — Alderman John Crois — Interim City Administrator
Valerie Burd - Alderwoman Eric Dhuse — Public Works Director
Jim Bock — Alderman Bill Powell — Treasurer
Rose Spears - Alderwoman Bart Olson — Assistant City Administrator
Joe Besco - Alderman David Mogle — Executive Director Parks & Rec.
Travis Miller — Community Development Director
Susan Mika — Finance Director
Guests
Heather Gillers — Beacon News Kathy Farren — Kendall County Record
Lynn Dubajic — YEDC Dan Kramer — Attorney
David Warner Jim Ratos
John McGrath Patti Bernhard
Ed LeCompte — John Greene Realtor
Mayor Art Prochaska called the meeting to order at 7pm. He said this would be the last meeting
where the traditional meeting format would be followed and that in August the C.O.W. meeting
would start with Administration and Public Safety items.
PUBLIC HEARING:
None
PRESENTATIONS:
1. Brighton Oaks H Subdivision Concept Plan
Patti Bernhard of Fox Valley View Inc. was present to show the Council a concept plan for
Brighton Oaks II Subdivision. It is located on east Highpoint Road south of Legion Road and is
comprised of 54 units on 37.5 acres with a density of 1.44. Lot sizes will be 12,000 to 26,000
square feet.
She said her firm hopes for contiguity with the two nearby communities to apply for annexation
later. They have already met with the Park District and although they are not seeking a park site,
a trail link will be provided in lieu of a sidewalk. There will be wetlands in the southern portion.
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Access will be off Highpoint. She solicited comments on the plan being presented and said she
would come back at a later date. At this time, only one entrance is planned, however, eventually it
would connect with a nearby subdivision. There will also be an emergency access.
DETAIL BOARD REPORT BILL LIST):
The following items were briefly discussed:
Page 14: Professional services EPA: Fees for the consultant for CEC for Brownfield grant—the
grant covers this expense. Some supplemental studies were also recommended.
Page 16: Lawson products: $463 for street department supplies
Page 43: Sewer department armorall: used in maintenance /washing of trucks
Alderwoman Spears commented on the increasing overtime for many of the City departments. It
was noted this was a busy time of the year. Ms. Mika said the overtime for Administration was for
an employee who was filling in for an accounting clerk.
These items move on to City Council.
ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA:
None
MAYOR:
L TIF Policy Options
Mayor Prochaska said a document in the agenda packet detailed -the TIF factors. He added that
there should be a limit on the money an applicant could receive from a TIF. An exception could be
if someone owns a very large piece of property. Ms. Orr's recommendation was 25%
reimbursement of the TIF - eligible project expenses. As the fund increases, it is expected that the
policy can be re- evaluated. Mayor Prochaska said he would like to include language that would
allow the Council to determine that if a given project warrants, the amount can be varied.
The Mayor said there should be a formal policy in place, by vote or consensus. He said that the
Council would be required to adhere to the Prevailing Wage Act and would want any applicants to
abide by this act also. Language incorporating this should be included in the policy.
Alderwoman Spears said she would like the industrial and commercial projects addressed in the
policy, to cover possible bankruptcies. Ten years was agreed upon for the reimbursement time and
if a business leaves, they must pay back a percentage of the increment based on the number of
years in business. Mayor Prochaska suggested that language also be included that states the policy
is subject to change and Alderman Bock said that should be placed at the beginning of the
document. Verbage will also be included to say, "bonding will only take place with Council
approval ".
Staff has requested an explanation to be placed on the application of how the project will meet its'
goals, a description of the work, how it will benefit the City, etc.
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The Mayor referred to a list of eligible redevelopment costs that are granted by State Statutes.
Items cannot be added, but the list can be limited. He also made note of the portion of the memo
regarding "conflict of interest ".
A public meeting will be held on July 31" with letters being sent to all those in the TIF District.
The old courthouse was suggested as a possible location and Bart Olson will check on that.
2. Park Maintenance Building Update
A neighborhood meeting was held regarding issues from landowners. Some owners are offering a
possible land swap to move the proposed maintenance facility to another location. This action will
not impact the 4 -acre park site. The residents objected to a maintenance building and related
activities in the neighborhood. Alderwoman Burd suggested signage designating future land uses
and that the developer be responsible for the signage.
3. COW 2006 -05 City Administrator's Annual Performance Appraisal Process
This item came from the Ad Hoc committee and a draft of the process was presented. Alderwoman
Burd commented that it was a good document and it emphasized that the position reports to the
Mayor and City Council. The new process will include a brief 6 -month interview to insure that
the targets and goals are being met. As a side note, a six -month schedule was recommended for all
City employees. The probationary period for the City Administrator is one year, while other City
employees have six months. Mr. Olson will draft a memo to the attorney stating that the policy is
to include the 6 -month check. This matter will be moved to City Council with the addendum.
ECONOMIC DEVELOPMENT COMMITTEE:
1. EDC 2006 -05 Ratos Development/Economic Initiative Agreement for Corneils and Route 47
Attorney Dan Kramer said this matter has appeared before EDC 2 -3 times and a draft of this
agreement was completed. Now, focus of the agreement has turned to the Rte. 47 widening. He
said that the 40 -acre Ratos development would only generate about 2% of the traffic increase. Mr.
Ratos and Mr. Kramer said they are willing to commit to dedication of right -of -way for Rte. 47 and
Corneils Rd., but would like that included in the economic incentive agreement. For anything
over and above the required right -of -way requirement, they would have the property appraised and
that amount should be paid at a future date.
Mayor Prochaska said he had understood that the property would be reimbursed at the same rate
the State would pay for any other right -of -way. He said he has spoken with the Department of
Commerce and there is a possibility of some reimbursement for the road project. Alderman James
commented also, that he hoped the reimbursement money would come from the State.
The State will take some of the Ratos property for the widening and the Mayor also said that the
Westbury development on the other side of the road would contribute to the road - widening project.
Alderman Burd said she felt the focus should be on moving forward with the project and that the
City should guarantee that Mr. Ratos will receive his money especially since he is not asking for an
SSA and he is bringing in commercial development. Mayor Prochaska agreed that the
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City should reimburse Mr. Ratos in at least the amount the State will reimburse the City. Mr.
Kramer said the two sides should reach an agreement of value as determined by appraisal.
Attorney Kramer asked that this matter be put on the Council agenda for next week, however,
Attorney Wyeth will be asked to review the agreement first. The Mayor asked that all parties sign
this agreement prior to a vote by the Council. This will move to the consent agenda subject to
signatures and review by the City Attorney.
2. EDC 2006 -16 Raymond Stormwater Management and Storm Sewer Outfall Improvement
Agreement
Attorney Kramer said that John Whitehouse of EEI had determined a formula to distribute the costs
of this agreement and those amounts have been agreed upon. All three developers will sign. He
also said that only parts of the Westbury development would actually benefit from this agreement.
Three signature pages will be prepared, signed and the Mayor said he would like these returned by
next Tuesday for the Council consent agenda. This would be subject to the approval of the City
Attorney.
PARK BOARD:
No report.
PUBLIC WORKS COMMITTEE:_
1. PW 2006 -117 Water Department Report for May 2006
Public Works Director Dhuse commented that during the heat wave, the average daily water usage
was 109 gallons per person and he said the water conservation was very good. This moves to
consent agenda.
2. PW 2006 -118 Rob Roy Creek Interceptor (Contract #3) — Change Order #4
A manhole was needed, the work is done and it was approved by Deuchler. The work was actually
done by a different contractor. This moves to the consent agenda.
3. PW 2006 -119 Wells 3 and 4 Treatment Facility — Change Order #2
A sewer was needed and an easement could not be obtained from the school district according to
John Crois. Therefore, a French drain was installed at a cost of $5,715. The balance of the
$12,000 cost was for SCADA. This moves to the consent agenda.
4. PW 2006 -120 Menard's Commercial Commons (Lot 7) — Sidewalk Agreement
5. PW 2006 - 121101 W. Veteran's Parkway — Sidewalk Agreement
These 2 items were discussed simultaneously and it was noted they were typical agreements. They
move to the consent agenda.
6. PW 2006 -122 Cozy Corner Subdivision — IDOT Highway Permit and Resolution
7. PW 2006 -123 Shops at Veterans' Parkway — IDOT Highway Permit and Resolution
Mr. Dhuse said that IDOT requires the City to oversee the work and guarantee it. These items both
move to the consent agenda.
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8. PW 2006 -124 Aerial Lift Truck Purchase
Eric Dhuse said open bids were accepted and he recommended the bid for a demonstrator unit
based on a shorter delivery time. It comes with a full warranty and is very cost effective. This is a
budgeted item and should arrive Thursday. It moves to the consent agenda.
9. PW 2006 -125 New MWI Water Department Hire —FYI
This matter was moved to COW due to no quorum at the Public Works meeting and since then,
new employee Mike Waters was hired.
10. PW 2006 -126 Road Fee Resolution
Joe Besco had asked for a clarification on how the road fees can be spent. The Mayor said that
case law would only support spending the money on arterial or collector streets impacted by the
development. There was a brief discussion of possibly using that money on a new street in
Westbury. This matter will come back to the next Public Works /C.O.W. with ideas regarding that
discussion.
Alderwoman Spears suggested possibly raising the fee to $2500 since road costs have increased,
however, the Mayor said a justification would be needed. He added that developers cannot be
charged the entire amount. He suggested not raising non - residential since that would be looked at
for other revenue streams. This will come back to the August 15 C.O.W.
11. PW 2006 - 128101 E. Center Street —Sidewalk Agreement
This is a standard sidewalk agreement and will move to the consent agenda.
12. PS 2006 -19 Driveway Regulation Modifications to Zoning Ordinance
This matter was previously at C.O.W. and Travis Miller was asked to research a couple issues one
of which was if a 25 -foot maximum width of the sideway at the curb, is sufficient. He said there
was some confusion about some of the graphics in the previous draft.
Also at issue was the distance between residential /commercial curb cuts and also front yard
parking. He made recommendations in a memo and noted that any text changes in the ordinance
require a Plan Commission Public Hearing. He added that there are 30 -foot driveways in some of
the older parts of town and there is not as much depth in front of the house. There was a brief
discussion of the widths of driveways at various points. There was also discussion of parking in
townhome developments and who maintains these parking spaces.
This matter will move to Plan Commission on consensus and will then return to City Council for a
vote on the Plan Commission's recommendations.
PUBLIC SAFETY COMMITTEE:
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No report.
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ADMINISTRATION COMMITTEE:
L ADM 2006 -44 Proposal for Community Relations Intern
An intern to assist with upcoming projects within the next six months, is being requested for the
Community Relations Director. This would entail approximately 10 -15 hours a week at $10.00 per
hour. Alderman Bock commented that this was a well - detailed request. An intern job description
is not needed, however, a list of functions will be required by the college professor. Staff will
determine if it is a budgeted position, however, contingency funds could be used. In the meantime,
the position will be moved forward to City Council so that it can be discussed.
It was noted that the Community Relations Director position will become a department head
position with 1 -2 months.
Z ADM 2006 -46 IT Assistant Job Description Update j
This position has gone from part-time to full -time and needs to be filled since Ron Robinson
resigned. Ms. Mika noted that the budget provided for an additional part-time position besides Mr.
Robinson. With his resignation, she recommended combining the two positions into one full -time
spot. Mayor Prochaska added that this would lend continuity to projects. There are currently 75
users on the computers with 10 -15 work orders per day. This position is being upgraded to IT
Specialist and the City Council will be asked to approve. Ms. Mika thought there might be a
shortfall of $4,000 (in the form of benefits) for this person, however, she pointed out that an
outside service had to be called at the rate of $125 -$150 per hour.
The committee agreed to move this item to the consent agenda. Ms. Mika was asked to post this
position immediately.
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ADDITIONAL BUSINESS:
Mayor Prochaska suggested moving forward to additional business before the scheduled Executive
Session.
Alderman James brought up the following issue. Currently, in the Sunflower Subdivision, the
homeowners are responsible for maintaining the frontage road and are worried about possible
commercial being developed on both sides. They have asked at what point the commercial owners
contribute to the road maintenance. The Mayor said the Attorney should look at the annexation
agreement. Mr. James suggested that future developments should ask commercial owners to pay
for the upkeep.
Alderman Besco said that trees planted at Car Wash and Quick Lube obscure the Wendy's sign.
The Wendy's owner asked if the trees could be moved so that the Wendy's sign is visible. Mr.
Besco thought it is the City's responsibility to pay for moving the trees since the City approved the
landscape plan initially. According to Travis Miller, some changes to the landscape policy will be
suggested. Another factor to be considered is how close the sign is to the property line. Mr.
Besco said the two property owners have spoken and Quick Lube has agreed the trees can be
moved, but at Wendy's expense. Alderman Burd recommended that verbage should be included
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in the ordinance to determine if landscaping impedes the view. The City Attorney will be asked to
review the situation because the original plan was approved based on the ordinance at that time.
The acting City Attorney said this is really an issue between the two property owners.
Mayor Prochaska said he has been notified that Tammy Smock is resigning from the Park Board.
He has received applications and said that Mr. Kelly Sedgewick of 400 Blaine St. is interested in
the position. He has already worked with David Mogle on various projects. Mr. Sedgewick, who
has a background in construction, was recommended as the replacement.
It was reported by Eric Dhuse that wells 3 and 4 are repaired. The sprinkling ban will be lifted in
the morning [July 19 Mayor Prochaska thanked Mr. Dhuse and his crew and said this situation
could have been a disaster. In addition many groups assisted in handing out fliers to ask citizens to
conserve water and the Mayor also commended the citizens of Yorkville for their cooperation in
this conservation request.
There was no additional business and Mayor Prochaska entertained a motion to enter into
Executive Session to discuss the purchase or lease of real property for use by the public body. Mr.
Bock and Ms. Spears moved and seconded respectively to go into Executive Session. This session
ended at 10:13pm and the regular C.O.W. meeting was adjourned at 10:14pm.
Minutes by
Marlys Young, Minute Taker
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