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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: C� 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. i Page 2 of 7 i 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. Page 3 of 7 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 i Page 4 of 7 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. i Page 5 of 7 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: i No report. I Page 6 of 7 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. i 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 Page 7 of 7 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 PLEASE SIGN IN MEETING:, DATE:( -c, « 2.0 0 Lk -s i ,r1 NAME STREET ADDRESS CITY ����'��� 1�s1� (� �` r��w Rc / MJ'Nc->oKC�- B �� �� 01rilk" 14va-jA 4 r