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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. Paae 3 of 6 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. I � I MEASE SIGN IN M EETI NG: f D ATE: PHONE � ! NMF- BUSINESS 553�� 551 - 7 s - , 4 e Act vi i go j'S I e4 3 I2a5�.� 5s3- - v77 7 0-7 7 J1 I (A- 4 S `�. /,/t) C i II