COW Minutes 2006 04-04-06 Page 1 of 6
APPROVED 6/27/06
COMMITTEE OF THE WHOLE
Tuesday, April 4, 2006
7:00 P.M.
City Conference Room
Present
Mayor Art Prochaska Kelly Sedgwick
Alderman Joe Besco Heather Gillers, Beacon News
Alderman Jason Leslie Gary Bennett
Alderman Dean Wolfer Betty Bennett
Alderman Jim Bock Bev Hernandez
Alderwoman Valerie Burd Rich Johnson, Teri Ln.
Alderwoman Rose Spears Judy Johnson, Teri Ln.
Alderman Marry Munns Mark Perry, Teri Ln.
City Administrator John Crois Roger Murphy, Teri Ln.
City Attorney John Wyeth Jan Murphy, Teri Ln.
Travis Miller Shelley Butler, Teri Ln.
Bart Olson Curtis Butler, Teri Ln.
Police Chief Harold Martin Amanda Butler, Teri Ln.
Carol Pickert, Teri Ln. Dan Pickert, Teri Ln.
Mary Unterbrunner Tammy Barry
Pat Hughes, Ocean Atlantic Joe Barry
Ryan Walter Greg Stevens, Lannert Group
David Paragrew. Ocean Atlantic
The meeting was called to order at 7:05 pm by Mayor Art Prochaska.
Mayor Prochaska announced that there will be a Town Meeting on the Parking Ban
Ordinance Issue on April 20, 2006 at 7:00 pm.
Public Hearing
None.
Presentations:
None.
Detail Board Report (Bill list):
This will move on to City Council for consideration.
Items Recommended by Committee for Consent Agenda:
1. PS 2006 -09 Police Reports for February 2006
2. EDC 2006 -07 Building Permit Report for January 2006
3. EDC 2006 -08 Building Permit Report for February 2006
The Consent Agenda items will move on to City Council on Consent Agenda.
Paae 2 of 6
Mayor:
I. Old Post Office — The old Post Office will be an Annex to the City Hall. It will
provide more offices. The Recreation Department may possibly move into this
space, which would avoid the City paying rent for their space. The Old Post Office
is set up for service which would be good for the Recreation Department. Bill
Dettmer will perform a comprehensive check of the building and will determine
what will need to be updated. The whole building department can not relocate
because permitting needs to stay at City Hall. The software they use is at City Hall
and there could be a significant cost to connect with City Hall if they were to
move. The inspection department can move into another location though. The
Post Office will not be re- locating until May or June.
2. Metro West Update — This group includes Mayors and City Managers from all of
Kendall County, Eastern Kane County, and into DeKalb County. As this group
goes forward with it's strategic plan, they are looking at coming up with ideas,
thoughts, and projects that will strengthen the municipalities in this area as well as
their goals and ideals.
There are 3 basic issues they are working on, looking at, and monitoring. One is
the Eminent Domain Legislation. They want to make sure it is not overly
burdensome for the taxing bodies. They are watching that the language is set up so
it can be realistically enforced. There is a Senate Bill currently pending to move
this forward. Alderman Spears asked if this would affect the ordinance she
prepared and was passed. Mayor Prochaska said this was for a community that
wanted to keep Eminent Domain. Originally it was for all types of Eminent
Domain, such as Life Safety, but some of the language is being taken out so it
works more with the Economic Development side. There is language that
promotes the owner getting an attorney. The City would have to pay the legal fees.
The land value would be determined at the current date, rather than when the suit
was filed.
They have also been looking at the Drop Pension Ordinance for Fire and Police
Officials. The effects will be looked into before the City of Yorkville takes an
official position on the matter. It allows an employee that is close to retirement, to
have some of their funds go a separate account so they may receive a lump sum
payment when they leave. The last 5 years they are working they would collect
their pension based on time of work it could be anywhere from 50% - 75% of their
salary into this Drop Fund. Whether or not the employee could participate in this
plan would be made by the Pension Board, not by City Council.
Project Lightspeed is an upgrade to the AT &T / SBC system so they can allow or
provide video and multiple channel service similar to Cable TV. They are saying
they do not have to have a franchise agreement with the Cities such as the Cities
have with the Cable Companies. Any of these types of improvements should be
delayed until a determination is made if it is legal or not to get them into a
franchise agreement. Also there has been some lobbying done to have the
franchise agreements done at the State or Federal level. The City would then have
no say what is paid, what service is rendered in the community, or whether there
would be government access channels. This is being monitored.
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Citv Attorney:
1. Saliu — Amendment to a Consent Decree for Yorkville Market Place — This is
the South West corner of Marketplace Dr. and Rt. 34 (in front of the Jewel) and it
is to be a new restaurant. This would be an amendment to the Consent Decree
which would allow the developer to deviate from the Judge's decree, but there
would be no deviation from the City's Setbacks in the Building and Zoning
Ordinances. This will move on to City Council on Consent Agenda.
Economic Development Committee:
1. PC 2005 -65 Fountain Village — Final Plat — This is for the Walgreen's that will
be at Rt. 47 and Rt 71. This substantially meets the Preliminary Plat. This will
move on to City Council on Consent Agenda.
2. PC 2004 -33 Silver Fox — Annexation, Zoning, and Preliminary Plan — This is a
development along Fox Road. The many developments that are in this area will be
joining together to make the infrastructure improvements with simultaneous
funding and easements. The annexation and zoning will not be final until all the
developments are ready to annex and zone. Alderwoman Spears would like the
developer to fill out a density credit explanation. The developer has, and Travis
Miller has reviewed it. Alderwoman Spears questioned the building and zoning
issues. The building and zoning issues have also been resolved. This will move on
sometime in the future, it is not going to be on the agenda next week.
3. PC 2006 -08 Westbury South Village PUD Amendment and Preliminary PUD
Plan and
4. PC 2006 -09 Westbury East Village PUD Amendment and Preliminary PUD
Plan — The major amendment is to attach the plan itself, and a reduction in the
number of units in the East Village. 68 units were dropped from the original plan.
There is a fence issue between where the Golf Course will be and the neighbor's
horse track. The location, height, material and maintenance of the fence is still to
be negotiated. The adjacent property owner would rather negotiate with the City
than the developer. Alderman Besco is willing to sit down with the adjacent
landowner for the negotiation. There is also a stand of existing trees on the
neighbor's property that may have to be removed if the fence is put in. This will
stay on the agenda if the issue is resolved. There is a 33.8 acre Commercial site on
the corner of Rt. 47 and Galena Rd. The majority of changes that were made are in
the center of the development to accommodate the reconfiguration of the road.
The 15 acre School site and 5 %z acre Park site were maintained with access off
Mystic Dr. and East Village Blvd. Though the Golf Course has not yet been
designed, there will be 1 hole of the Golf Course along the North side of the Rob
Roy Creek. The heavy vegetation border will be maintained. Language will be
added into the plan that will allow for the future design of the Golf Course. It was
suggested that the adjacent land owner who has the horse track have some input on
the final design. There was a question about adding a Frontage Road to keep the
traffic off Rt. 47. This will move on to City Council with the additional language.
Page 4 of 6
5. COW 2006 -04 Zoning Ordinance Text Amendment to Allow "Contractor's
Offices" as Permitted Use in M -1 Limited Manufacturing Zoning District, and
Allowing "Contractor Facilities that include Outdoor Storage" as a Special
Use in the M -1 Limited Manufacturing Zoning District — Presently the M -1
district does not allow contractor's offices that are devoted to the construction of
buildings. Staff is recommending the zoning code be amended to allow contractor
offices with or without outdoor storage. Wanda Ohare's name needs to be
removed, and Jim Bock's name needs to be added. This will Move on to City
Council on Consent Agenda.
Public Safety Committee:
1. PS 2006 -07 Overnight Parking Ordinance — The vote to have a special meeting
on this matter will go on to City Council.
Park Board:
1. PKBD 2006 -03 Truck Purchases — The Illinois State Purchase Program renewal
for this type of truck never came. The conventional Bid Process was begun to
purchase a one ton dump truck and a utility truck. The Parks has $60,000 budgeted
for these and the Public Works department will pick up the rest of the cost. The
total for the two trucks with the plows and accessories will be $69,862. The
proposals that were received will be submitted before a vote will take place. This
will go on to City Council for consideration.
2. PKBD 2006 -04 Special Recreation Services — This is a Policy review. Last year
there was a boy that participated in a contractual camp. The City paid out of area
fees and the resident paid the regular fee. The policy has been amended, and now
this scholarship program will not be paying for contractual camps. There was
concern about this and a suggestion that the new Policy be reconsidered. The City
could allocate funds for this program, such as the funds for the embroidered shirts
that were not purchased this year. There is $3,600 in the Park Board budget for
grants and scholarships. The policy is that the money will be used for special ed.
and regular parks, excluding pre - school programs. There was some discussion
about removing the limitations on the contractual camps and the pre - school
programs. Also there could be a cut -off date. It was explained that the non -
resident fees are exorbitant and the Parks department would like to help as many
kids as possible with a limited amount of money. The issue is being resolved by
finding an alternate revenue source. The United Way was contacted to fund the
programs not being funded by the Park Board, such as Fox Valley Special Rec.
Chris Rollins, the Park Board President said the Park Board can not afford sending
kids to camps or on trips. A list of requests for assistance and for what kinds of
programs was requested, as well as knowing how many were denied. The Parks
Department is looking at purchasing a Pre - School Van. The Fox Valley United
Way is located in Aurora, IL. The Fox Valley Special Rec. program for Mentally
and Physically disabled children will cost $1500 for just one child. The school is
sending out a survey to find out the number of disabled children in Yorkville. The
United Way will provide a scholarship program this year. The United Way has
applied for a $10,000 Grant, and they have been told they will be receiving it. It is
just waiting for formal Board Approval on April 19tH
Page 5 of 6
3. PKBD 2006 -05 Scope of Service for Design Services for Prairie Meadows Park
— This is for a 2 — 3 acre park behind the Public Works Maintenance Facility. This
will be an OSLAD grant project. Schoppe will help with the grant application and
construction. July 0 is the deadline for the grant. The cost is $30,500 for the
contract and the additional services. This includes the Plan, Grant Administration,
and Construction documents. This will move on to City Council on Consent
Agenda.
Public Works Committee:
No Report.
Administration Committee:
No Report.
I
Leeislative Task Force
1. Task Force Report — The Governing Ordinance was discussed. Under 1. Ethical
Standards, E. is not clear, more definition should be added, possibly as per state
statute on Ethical Standards. Also L. should read: Shall when representing the
city... . Dress in a professional manner was not clear. It was changed to read
dress in a manner appropriate to the function.
Under 2. Duties and Rights of Aldermen, B. The Mayor and the City Administrator
should receive information equally. D. Any one Alderman has the right to place an
item on the agenda for discussion. This would include COW and City Council, but
not Special Meetings. M. Shall was changed to May. This would include Staff
and Official Vacancies. For new hires the Council would only interview the
candidates.
Under 3. Duties and Rights of the Mayor, F. is to be removed. Under I., it is the
City Administrator's task to oversee the hiring and firing of the personnel of the
City. The wording will be changed to oversee the City Administrator's hiring and
firing... J. was changed to say: Shall be responsible to assure the implementation
of the policies....
Under 4. The standing committees, there was some discussion about having only 1
City Council meeting. Having only 1 may affect the timeliness of paying the bills.
There was an addition suggested that no Alderman would chair the same
committee within 4 years time. There was also discussion about the appointment
or assignment of liaisons. Usually the Mayor asks for volunteers or input from the
Council.
There were some other amendments to make, one was cell phone restrictions,
another was to use the agenda format that has already been adopted. The meeting
dates and times can be added. Language about Special meetings and election of
the Mayor Pro Tem should be added. Also the Mayor must recognize other people
before they may speak at the meetings.
This will come back to COW with the changes on April 18th.
Paae 6 of 6
City Council Requests
1. Review of the SSA Policy — Burd, Spears, and Besco — Under Annexation
Agreements, no Annexation Agreement would give entitlement to a special tax. It
should say in the Annexation Agreement that the owner may apply for a Special
Tax.
Under Notice and Comment from Taxing Bodies, the City Council would like
written communication that what is being provided is agreed upon. This input
would show the Council that everything is in place.
Additional Business
Alderman Besco wanted to say that Dr. Wood worked with the City exceptionally
well on the Governance Ordinance.
Alderwoman Spears announced that Sylvia Cruz is resigning from the Human
Resource Commission. She has. served on this Board sine August 1, 1999 and should
be recognized at the City Recognition Dinner.
I
Alderwoman Burd wanted to Thank John Crois for his help on the Governance
Ordinance.
Alderman Munns wanted to make sure when purchasing new furniture, that it should
match the existing furniture.
Mayor Prochaska will be on vacation next week and will not be available for the City
Council meeting. Alderwoman Burd is the Mayor Pro Tem.
The meeting was adjourned at 9:55 pm.
Minutes submitted by Laura Leppert.
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