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COW Minutes 2006 06-20-06 I i Page 1 of 7 APPROVED 8/8/06 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE Conference Room Tuesday, June 20, 2006 — 7:00 pm In Attendance: CV Art Prochaska - Mayor John Wyeth — City Attorney Paul James — Alderman John Crois — Interim City Administrator Valerie Burd - Alderwoman Eric Dhuse — Public Works Director Dean Wolfer — Alderman Denise Kasper — Payroll & Benefits Specialist Rose Spears - Alderwoman Bart Olson — Assistant City Administrator Joe Besco - Alderman David Mogle — Executive Director Parks & Rec. Marty Munns — Alderman Travis Miller — Community Development Director Susan Mika — Finance Director Lt. Don Schwartzkopf — Yorkville Police Lynsey Johnson — Administrative Assistant Guests Heather Gillers — Beacon News Kathy Farren — Kendall County Record Max Herwig — North Aurora Trustee Kevin Drendel — Attorney, North Aurora Gary Bennett Betty Bennett Adam Clever Joleen Shields Mike Hartel — Design Haus George Fisher Marcus Key Dan Kramer — Attorney Jeff Freeman — EEI Mayor Art Prochaska called the meeting to order at 7pm. PUBLIC HEARING: None PRESENTATIONS: 1. Cable Consortium Update by Max Herwig Max Herwig, a Trustee for North Aurora and also the chairperson of the Southwest Fox Valley Cable and Communications Consortium, gave an update of the AT & T Project Lightspeed. He noted that Yorkville is a member of the Consortium. A number of communities, including North Aurora, are being sued by AT & T. He said North Aurora and seven other towns have formed a pact to oppose the lawsuit. Mr. Herwig then turned the presentation over to Mr. Kevin Drendel, Attorney for North Aurora and the Consortium. He said municipalities are caught in a situation regarding competing technology to deliver video programming. He said there is no regulatory structure for video over internet protocol and there is a question if this technology is considered to be cable service. He noted that Comcast considers this method cable TV, while AT & T does not regard it as cable. Mr. Drendel Page 2 of 7 said Comcast feels that if the City issues permits to AT &T to roll out their new technology without them entering into a franchise agreement, Comcast would take the position that the town breached the law and will not honor their franchise agreement. Mr. Drendel said AT & T is applying for permits in several towns already and all over the country. AT & T is currently bundling many services together. The lawsuits have come about in a response to the dilemma and several towns have passed moratoriums on issuance of permits in order to review the facts. AT & T plans to install utility boxes that are very large and only serve roughly 300 homes. This might even present a zoning issue since the rights -of -way would be used . In response to the moratoriums, AT & T filed counter lawsuits with several different judges. The Consortium filed a motion to consolidate all the cases and is hopeful the cases will be dismissed. Mr. Drendel cautioned that AT & T is not always labeling their permit requests with "Project Lightspeed" and said that the Building and Public Works Departments should be advised. Alderman Wolfer asked what is at stake with this issue. Mr. Drendel said the City could lose 5% of the gross revenue and could possibly get into a dispute with Comcast. Alderman Besco asked if any municipalities have passed ordinances restricting the box sizes. Mr. Drendel has not heard of any restrictions. Mayor Prochaska noted that a mayoral task force is trying to negotiate a settlement with AT & T. DETAIL BOARD REPORT BILL LIST): The following questions were briefly discussed: Page 1 & 6: Replenish checking account: This account is used to purchase items from the County Building and funds are replenished as the money is spent. Page 24: Office Works- administrative headsets: Alderwoman Spears asked how many there are and it was thought the City owns five. Page 31: Thomas Alarm Systems: Alderwoman Spears asked if two separate tests were performed by this company. There were two alarms to be checked. Page 34: Worthington Direct: It was unknown what this item is and Finance Director Mika will research. This list will proceed to the City Council agenda for consideration. ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA; Mayor Prochaska asked that the 20 items on consent agenda be moved directly on to City Council. He noted that when an item is requested to go to the consent agenda, that item will appear on the next City Council regardless of the item. MAYOR: 1. Coffee with the Mayor: The next coffee will be at the Promenade on the Riverfront on June 24tH Page 3 of 7 2. Overnight Parking Ban Survey Alderwoman Spears said there were two examples of parking surveys for the Council to review. There was discussion of the types of questions for the survey and Alderman Besco noted that he wished to still have major and minor collector streets considered for a 24 -hour parking ban. Ms. Spears said the Public Safety committee suggested first determining if a majority of citizens favor a ban. A map of each ward has been requested and a committee of non - biased citizens from each ward would be formed to make a recommendation. Alderman Wolfer said that the City should reserve the right to make changes to any citizen recommendations. The outside of the survey envelope will be clearly marked with the contents. The water bill mailing list will be used and one survey per household will be mailed. A suggestion was made by Joe Besco to allow citizens to drop their completed surveys in the utility payment box. It was also specified that the "original" survey must be returned by a given deadline. Mayor Prochaska said a prototype should be provided for review so that it could be mailed in July. 3. Tourism Board Appointment Mayor Prochaska said this item did not need to be on the agenda. 4. PC 2006 -31 Tuscany Plaza Development Agreement and Special Use and Variances The Mayor said the City asked the developers to wait so that the TIF area could be voted on first. Now this agreement is ready to be moved on and will be forwarded to the City Council agenda for consideration. CITY ATTORNEY L Prevailing Wage Ordinance Attorney Wyeth said that each June, the City is required to determine a "prevailing wage" in an ordinance and it is based on established wages. This will move on to the consent agenda for next week. ECONOMIC DEVELOPMENT COMMITTEE: No report. PUBLIC WORKS COMMITTEE: L PW 2006 -92 South Waterworks Improvements — Supplemental Engineering Agreement This is a revised agreement with EEI for the southwest water improvements. It was determined that a water tower was needed for the MPI South development at a cost of $883,000 contingent upon developer funding. This moves to the Council consent agenda. 2. PW 2006 -93 Southwest Transportation Improvements —Engineering Agreement This agreement is for an extension of Green Briar Road at a cost of $823,000. It is also contingent upon developer funds. Turn lanes on Fox Road were also discussed and it was noted that this agreement allows for the engineering to determine these kinds of needs. Jeff Freeman said the I Page 4of7 agreement is to study Green Briar signals and Fox Road resurfacing. These improvements were defined in the Southwest Transportation Study. He said the plan is to use Green Briar as an outlet for the area because traffic on Fox is a major problem, but the plan must also be approved by the County. Associated costs could be eligible for reimbursement through road fees. Because of the water and sewer studies needed for the area, Mr. Freeman suggested that the proposed six developments in this area could help pay for the studies or an alternative revenue source would be needed. Mayor Prochaska said he would ask the Attorney to verify asking the developers to help in this situation. He would like to move forward with the engineering and asked Mr. Freeman to come back to the Council regarding any additional costs for the intersection. This item will be forwarded to the City Council regular agenda. 3. PW 2006 -106 Prestwick of Yorkville (Phase I) — Letter of Understanding Alderman Besco said this is rather unusual circumstance and concerns maintenance of a section of sewer located outside the City limits. It also moves to the consent agenda. 4. PW 2006 -108 Route 34 13ycamore Road Intersection —Traffic Signal Warrants —FYI This intersection has met two criteria for a signal. However, funding is needed and it will be sent to IDOT for final approval. The developers on each corner should pay a portion of the cost This item will come back for more discussion. 5. PW 2006 -115 Bid Results for Kennedy Road at Freedom Place Intersection Improvement It was recommended that the bid be awarded to Aurora Blacktop in the amount of $157,879.92. This work is for the entrance to Grande Reserve School and it is hoped to have this job done before school begins. This moves to the consent agenda. 6. PW 2006 -110 Blackberry Creek Dam —Feasibility Study This study considered the feasibility of removing the dam near YBSD, however, the dam is tied structurally into the bridge. This item will return to committee when the study is completed. 7. PW 2006 -116 Glen Palmer Dam Intergovernmental Agreement John Crois reported that in relation to work on the dam, IDNR realized that the agreement between the City and IDNR asked for a resolution to set aside funds after the work is completed. No resolution has been passed at this time. The State has asked the City to pass the resolution. He said the IDNR has placed rocks by the dam for safety and later they will be used near the shoreline. Even though the dam is not part of the City now, the City has agreed to the reconstruction project and the City will pay for maintenance at this time. Attorney Wyeth summarized the terms of the agreement for the committee. It was noted that the State owns the dam structure. This moves to the City Council consent agenda. PUBLIC SAFETY COMMITTEE: No report. Page 5 of 7 ADMINISTRATION: 1. Corlands The contract with Corlands was recently due and has now been taken care of with a one -year extension. A letter has been sign for this extension. 2. ADM 2006 -31 Staff Salary Survey The last time the salaries were reviewed was for the ranges for the titles and occurred in 2003/2004. After researching other towns, it was decided it was time to update the salaries. Paul James said that all that information was given to all Council members. The information will be returned to the Administration Committee and a recommendation of ranges will be made. It will then be brought back to C.O.W. 3. ADM 2006 -38 Westbury East Village SSA Resolution Declaring Official Intent 4. ADM 2006-39 Westbury East Village SSA 2006 -111 Proposing Ordinance 5. ADM - 2006 -40 Westbury South Villages SSA Resolution Declaring Official Intent These items were discussed together. Alderman James said these items are already approved and one other property has been included that will connect the entire development. The developer will ask for an SSA when that occurs. Public improvements will result from this SSA, including a watershed area where some property not suitable for housing, will be used for commercial. Another benefit of the SSA would be the widening of Rte. 47 from Baseline to Corneils. If this improvement occurs, Alderman James said it would move more traffic and might accelerate future widening. Additional federal grants are possible if initial improvements are made. The Mayor said he recently met with the Department of Commerce to explore options for improvements. He said mechanisms would still need to be found for front - funding from the developers. Mayor Prochaska stated that about 10 years ago, there was money available for Rt. 47 to be widened, but in a public meeting, the overwhelming majority of citizens said they did not want the road widened at that time. Alderman James said four resolutions are being formalized in these documents. An SSA will be requested in the annexation. At that time, public improvement needs will be identified, Rt. 47 will be studied and a golf course could be built. Ms. Burd said that she had asked that a sign be installed indicating SSA projects. Dan Kramer was present on behalf of the petitioner for this project. He said a traditional SSA would be requested. He added that he had spoken with Dr. Engler and he hopes for a school such as that in Grande Reserve. The developer has looked at funding a school. Alderman James said he felt this was a good SSA since specific projects have been identified. These three items will move to the City Council regular agenda for a vote. I Page 6 of 7 CITY COUNCIL REOUESTS: 1. Selection of Mayor Pro Tem Mayor Prochaska asked the Council for nominations to vote on a new Mayor Pro Tem. Alderwoman Burd nominated Alderwoman Spears with a second from Marty Munns. Paul James was nominated by Dean Wolfer, however, Alderman James respectfully declined. Ms. Spears' name will be listed on the next Council agenda and the City Council can also accept nominations from the floor. The Mayor will not be able to be present at the next meeting so the current Mayor Pro Tem, Ms. Burd, will open the meeting since the Mayor Pro Tem vote has not been taken yet. LEGISLATIVE TASK FORCE: L Draft Covering Ordinance Attorney Wyeth had gathered comments and input for the ordinance revision and color -coded those according to the Alderman or Mayor. It was noted that anyone can hold a meeting at any time, but it was recommended that a courtesy call should be made if a meeting was held in the home ward of another Alderman. The wording decided upon for ward meetings was "...may, at their discretion, hold ward meetings in their wards..." The committee also discussed the fact that the Mayor can designate anyone, including citizens, to act as spokespersons. That person would be the Mayor's representative, not a spokesperson for the entire Council. Alderman Burd said that the City Council has the right to appoint liaisons. Liaisons were appointed to certain committees and they were to report back to the City Council, however, the reporting has been lacking. Ms. Burd thought the committees should be in charge of their liaisons. This would take away the Mayor's authority to appoint these persons. There was a lengthy discussion regarding this issue and later in the meeting, it was decided that the committee would appoint liaisons. The committee also discussed the merits of retaining the C.O.W. meeting for informal discussion and finalizing details. The committee also talked about special meetings, how much time is needed to call one and the number of Aldermen needed. Forty -eight hours and a minimum of five people are needed to call a special meeting. It was suggested that the time limit be waived for a discussion on an item that has not gone through C.O.W. or a committee. There was concern about not having enough time to discuss matters under the time limitation rules. After a brief discussion and an informal vote, the committee voted against automatically waiving the time rule on matters not first going to committee. I Alderman James said he felt the committee would lose some checks and balances if an Alderman requested on Friday to place an item on the next Council agenda. He felt the Mayor should give approval to have an item on the agenda for a check and balance. Alderman Spears noted that Aldermen can phone in their vote or opinions. Five people are also needed to pass an item. �I Page 7of7 Also discussed was proper etiquette during a meeting and the need to refrain from degrading, defaming or negatively challenging another person. The chairperson may rule an Alderman out of order in that situation. If the chairperson is out of order, a vote must be taken. Attorney Wyeth asked for clarification regarding the time limits and the items to which they apply. It was noted that time limits in this document did not apply to citizens. The Mayor said he does not think a limit should be placed on a citizen. A time limitation of 15 minutes for developers' presentations was recommended. Attorney Wyeth will make the revisions to this draft. ADDITIONAL BUSINESS: Alderman Munns asked if any ordinance covered fences around temporary pools. The code already states there must be a fence. Mayor Prochaska suggested information regarding fences should be placed in the spring newsletter, that a pool must have a 42" fence if the pool capacity is 24 ". There was no further business and the meeting was adjourned at 10:12pm. Minutes by Marlys Young, Minute Taker PLEASE SIGN IN MEETING: DATE: / NAME BUSINESS PHONE # sorv6 0 I &7 - ri T e li n e/ 75/4'.- h -- f - �!� ✓� � Vic/ '� `� ��"� �� ��" I sA l e - A'� r6 )( 0, 0 n J�hwSDh cbq � 014l j cR y6 2 ICViLL- r �s J vcs �Mc c� ` ctsi /utc t e X3573 l