COW Minutes 2006 07-11-06 Special Meeting i
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APPROVED 8/22/06
UNITED CITY OF YORKVILLE
COMMITTEE OF THE WHOLE
SPECIAL MEETING
CITY HALL CONFERENCE ROOM
JULY 11, 2006
6:00 P.M.
ELECTED OFFICIALS PRESENT:
Mayor Art Prochaska Alderman Marty Munns (arrived 6:20 p.m.)
Alderman Jim Bock Alderman Rose Spears
Alderman Paul James City Treasurer Bill Powell
Alderman Jason Leslie City Clerk Jackie Milschewski
CITY STAFF PRESENT:
City Administrator John Crois Assistant City Administrator Bart Olson
Public Works Director Eric Dhuse Community Development Director Travis Miller
City Attorney John Wyatt Director of Parks & Recreation Dave Mogul
Policed Chief Harold Martin Finance Director Susan Mika
GUESTS:
See attached list.
PUBLIC HEARING
None.
PRESENTATIONS
None.
ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA:
MAYOR
Coffee with the Mayor
The next Coffee with the Mayor will be held July 15, 2006 at Panera Bread, 1206 N. Bridge
Street (Route 47) from 9:00 to 11:00 a.m.
Overnight Parking Ban Survey
The Public Safety Committee recommended the draft survey and a special mailing for it. The
Council reviewed the survey and discussed the turn- around time for returning the survey.
Attorney Wyeth noted that a decision for a referendum was needed by September 1, 2006. Mayor
Prochaska felt that the surveys would need to be returned by the middle of August. It was
discussed that the timing was cutting it close to September 1st so it would be better to go to
referendum next year if necessary. After a brief discussion it was the consensus to have the
survey to the public by August 1, 2006 with a return date of August 31, 2006.
DETAILED BOARD REPORT — BILL LIST
Alderman Spears questioned the following items on the bill list:
o Page 15, Menards — Water OP- Car Wash for $12.68 - Director Dhuse explained that this
was for car wash soap.
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o Page 25, The Sidwell Company — Eng -30 Day Web Access Kane Co. for $36.95 -
Assistant City Administrator Olson explained that this was for the certified mailing for
the Schramm property.
o Page 29, Waubonsee Community College -Admin -Cable TV Class for $62.00. Mayor
Prochaska explained that this was for the class needed to video tape the City Council
meetings. He was unsure who took the class and stated that this could be verified with
Community Relations Manager Spies.
The Bill List was placed on the July 11, 2006 City Council meeting Regular Agenda for approval.
ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA con't:
MAYOR
2005 Miscellaneous Bituminous Paving — Bid Results
(PW 2006 -127)
Director Dhuse reported that this was for miscellaneous road patching such as on East Fox Road,
Game Farm Road and at Well #7. It bypassed the Public Works Committee because the goal is to
have the paving done before school begins.
This item was placed on the July 11, 2006 City Council meeting Regular Agenda for approval.
Speedway — Side Yard Setback and Accessory Structures Variance Request
(ZBA 2006 -39)
Mayor Prochaska read the requested variances to the City Council. He reported that the Zoning
Board of Appeals recommended the variances for the Speedway gas station with the following
conditions; to establish a fence along the east and north side of the property with a gate; provide
landscaping between the fence and the property line in accordance with the landscaping code and
that the intensity of the exterior lighting remain no more intense then is presently there. Issues
brought up by the public at the ZBA meeting were trash, parking, lighting and noise. Director
Miller explained how Speedway proposes to address these issues. Attorney Wyeth noted that the
ZBA's conditions to the variance are listed in the ordinance. There was discussion regarding the
IDOT right -of way (ROW) along Speedway's Route 47 frontage and Director Miller noted that it
was verified that there is no encroachment on the ROW. Jan Fiola with Speedway expressed
their concern with the gate in the fence line because it is located near an exit door. They would
rather leave the side door open to Fox Street. There was discussion regarding a gate versus an
opening in the fence. Chief Martin recommended that the gate remain for safety reasons which
he elaborated on. After some discussion and based on Chief Martin's recommendation, it was the
consensus of the Council that the gate remain.
This item was placed on the July 11, 2006 City Council meeting Regular Agenda for approval.
ECONOMIC DEVELOPMENT COMMITTEE
Villas at the Preserve — Final Plat
(PC 2006 -21)
Attorney Wyeth directed the City Council to the memo from Engineering Enterprises Inc. (EEI)
which recommends the approval of the final plat subject to final engineering approval and street
name corrections as noted.
This item was placed on the July 11, 2006 City Council meeting Regular Agenda for approval.
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Kleinwachter — Annexation and Zoning
(PC 2005 -52)
Attorney for the petitioner, Dan Kramer, reported that this annexation went back before the Plan
Commission because of the Special Use for a day care center. Approval is being sought for B -3
zoning with a fall -back to residential zoning after ten years. There were no comments or
questions from the City Council.
This item was placed on the July 11, 2006 City Council meeting Regular Agenda for approval.
Building Permit Report for May 2006
(EDC 2006 -15)
There were no comments or questions from the City Council. This item was placed on the July
11, 2006 City Council meeting Regular Agenda for approval.
Matlock —1 % Mile Review
(PC 2006 -27)
Attorney for the petitioner, Dan Kramer, reported that the Plan Commission gave a positive
recommendation. It is a typical county zoning with large lots (almost an acre). City staff
recommended sidewalks which the developer agreed to. Mayor Prochaska stated that in the past
the City has recommended approval with a request for an Annexation Agreement which Attorney
Kramer stated was not a concern. Attorney Kramer reported that the concerns of Director Miller
and City Engineer Wywrot have been addressed except for the collector road to the south. After
further investigation, it was determined that due to the topography the street would not be
feasible.
- I
Grande Reserve Units 17, 21, 23 & 24 — Preliminary/Final Plat
Mayor Prochaska reported that three units received positive recommendations while one did not.
Attorney for the petitioner, John Phillipchuck, explained the Plan Commission's vote. He stated
that Units 21 and 23 are Pasquinelli Homes. Unit 21 builds out the final area of duplex homes,
north of Mill Road and there are 60 single - family units. Unit 23 is the first phase of the active
adult community where there will be 118 lots. Units 17 and 24 are located on the south and north
side of Kennedy Road. These units will have single - family detached homes; Unit 17 has 58 lots
and Unit 24 has 59 lots. Unit 17 did not receive a favorable recommendation because the Plan
Commission did not have all the paperwork regarding this unit. They took exception to voting on
it with out documentation. Director Miller verified that the Plan Commission did not receive
EEI's report regarding this unit.
Mayor Prochaska noted that Unit 17 would need a supermajority vote to be approved because of
the Plan Commission's recommendation.
These items were placed on the July 11, 2006 City Council meeting Regular Agenda for
approval.
Ratos Development/Economic Initiative Agreement for Corneils and Route 47
(EDC 2006 -05)
Attorney for the petitioner, Kelly Kramer, reported that this agreement has been through several
revisions due to staff comments. Mayor Prochaska noted that there was a change made earlier in
the day and Attorney Wyeth verified that one change regarding compensation for the ROW on
Route 47 did not make it into the agreement and he recommended it be brought back to the next
COW meeting. He explained that this is the first agreement which will impact the Route 47
widening and the vehicle used to assist this commercial development with this is a sales tax
rebate. He also listed other provisions of note; the participation in the regional detention basin,
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the widening of Corneils Road and participation in the outfall of the detention basin. There was a
brief discussion of the Route 47 ROW and compensation.
This item will be placed on the next COW agenda for further discussion of the revisions.
Raymond Regional Stormwater Management Facility
(EDC 2006 -16)
Attorney Wyeth explained that this is a three party agreement between Ratos, Windham -
Deerpoint and Ocean - Atlantic. These three entities will provide the funding for the construction
of the outfall pipe which will run from the stormwater facility to Rob Roy Creek. Attorney Kelly
Kramer reported that all the petitioners are in agreement with the form as presented to the City
Council and the agreement expires after twenty - years. Mayor Prochaska noted that there are
areas of the properties that cannot be developed unless this is constructed. David Warner,
representing Ocean - Atlantic, noted that they have many comments and are not in agreement with
the form of the agreement. Attorney Wyeth stated that he never received any comments from
Ocean - Atlantic and that Attorney Kramer has had conversations with Ocean - Atlantic and was
never made aware of the situation.
This item was placed on the July 11, 2006 City Council meeting Regular Agenda for approval.
PARK BOARD
No report.
PUBLIC WORKS COMMITTEE
No report.
PUBLIC SAFETY COMMITTEE
No report.
ADMINSTRATION COMMITTEE
No report.
LEGISLATIVE TASK FORCE
Implementation of Governing Ordinance
The City Council discussed when the ordinance takes affect. Mayor Prochaska stated it became
effective when it was approved. After discussion with the staff it was recommended that the
committees be allowed to wrap up business and the new COW structure should be effective in
August. Mayor Prochaska noted that the Plan Commission has been meeting twice each month
and asked the City Council to consider discussing EDC items at both COW meetings while this is
occurring. It was the consensus of the Council to allow this. Mayor Prochaska clarified that
Public Safety Committee will meet next on July 13, 2006 and then at the August 1, 2006 COW,
EDC on July 27, 2006 and then at the August 15' COW; Public Works Committee on July 18
and then at the August 15' COW and the Administration Committee will be at the August 1 51
COW.
ADDITIONAL BUSINESS
None.
The meeting was adjourned at 7:15 P.M.
Minutes submitted by Jackie Milschewski, City Clerk
COMMITTEE OF THE WHOLE
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July 11, 2006
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