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COW Minutes 2005 10-04-05 1 Page 1 of 5 APPROVED 11/8/05 COMMITTEE OF THE WHOLE Tuesday, October 4, 2005 7:00 P.M. City Conference Room Present Mayor Art Prochaska Kevin Carrara, Rathje & Woodward Alderwoman Valerie Burd Nick Cordell Alderwoman Rose Spears Ted Milschewski Alderwoman Wanda Ohare Kathy Farren, Record Alderman Marty Munns Sue Swithin, Super of Recreation Alderman Dean Wolfer Curt Wood, NIU Div. Of PA Alderman Paul James Identa M. Austin, S.S.A. Board Alderman Jason Leslie Vicky Horton, Salvation Army Alderman Joe Besco Cecelia Saunders, Salvation Army Golden Diners City Attorney John Wyeth Rita Murphy, Senior Ad Hoc Committee Chief Harold Martin Nancy Huntington Finance Director Tracy Pleckham Bette Schrenholtz Senior Services Associates Laura Brown, Parks Dept. Lynn Dubajic, YEDC Bart Olson Allecia Vermillion, Beacon Kathleen Field -Orr, Attorney, TIF District Glory Spies, City of Yorkville Debbie Fogelberg Margaret Isaacson, CNN, SSA Ken Koch Domenic Fotino Stephanie Sheetz, Protect Kendall Now John Phillipchuck Chuck Brooks The meeting was called to order at 7:05 pm by Mayor Art Prochaska. Public Hearing — None. Presentations: 1. Fox Road Southwest Area Transportation Study — There was a presentation of a draft of the report of what the study found in this area. The curve on Fox Road meets IDOT's standards for the speed limit. Fox Road will not handle construction traffic. The intersection of Greenbriar and Rt 47 will be a signalized intersection with a median and dedicated turn lanes. E. Highpoint Road would be extended across Rt. 71 to Greenbriar and a Beecher Road extension between Fox Road and Rt. 71. Both those roads would be collector roads. A recommendation as a result of the study would be to impose a $2,000 per unit impact fee for the land acquisition and construction of these roads. Comments from the staff and City Council will be included in the finalized report. A question was raised about whether or not the Prairie Parkway would affect this study. Since the Prairie Parkway is a long way off and will only have access points at the major state and US highways, it was thought it will not affect this study. This will come back to COW the beginning of November. Paae 2 of 5 Detail Board Report Bill list): There was a question about a charge from Dan Kramer's office on page 1. He has been doing some cleanup work from when he was the City Attorney. On page 3 there was a question about some charges for cable cords. There are 2 types of cable cords that were purchased. There was a question on page 7 about building/zoning pollution control. This is for work on a pollution control ordinance. On page 10 there was a question about repainting under EEI's bills. EEI has put together some specifics for painting and was testing paint thickness. There was a question on page 22 for some repairs to a municipal building. Mike's Handyman Services has performed basic maintenance around the building. This will move on to City Council for consideration. Items Recommended by Committee for Consent Agenda: 1. Police Reports for August 2005 2. Trick or Treat Hours — Monday October 31, 2005 from 4:00 pm — 7:00 pm These items will move on Consent Agenda. Mavor: 1. Dr. Wood's Report — Dr. Wood's report had a list of priorities. The first priority is to hire an interim Chief Administrative Officer. The second priority is to reach an agreement on the preferred City Administrator Ordinance. Next was to approve the Governance Enhancement Process as recommended by the September 2 nd and 15 memorandums. His recommendations would be to create 2 Ad Hoc Committees, an Administrative Task Force and a Legislative Task Force. The Administrative Task Force would define the role of the Mayor, and communication between the City Council and the City Administrator, and communication between the City Administrator and the Mayor. Also to find ways to free up some of the City Administrator's time so they could spend more time supervising the city staff and communicating with the Mayor and the Council. Also to redesign the City Administrator's annual performance appraisal process. The Legislative Task Force would redesign the committee system and create a Governance Ordinance. The Legislative Task Force would also define the role of the Mayor, the City Administrator, and the members of City Council. This Ad Hoc committee should meet regularly such as once a month, and the process will take about as 4 — 6 months. This process will begin after the City Administrator Ordinance is in place and after the process of hiring the permanent City Administrator has begun. Attorney Wyeth will draft a resolution to adopt the Governance process plan as contained in the memos from Dr. Wood and Dr. Gabor dated September 2, and September 15. 2. Draft City Administrator Ordinance — The City of Yorkville is a hybrid form of Government. The city uses both the Mayor / Council form and the Administrative form. The wording in the draft ordinance should read City Council and Mayor throughout the document since the City Administrator will be working for the City under the direction of the Council and the Mayor. The City Administrator's term shall coincide with the Mayor's term. Section 4 talks about separation pay upon termination. Is this policy? This should be discussed at a later date. Pate 3 of 5 In Section 6 Alderwoman Spears felt it should be that all departments except the police would be supervised by the City Administrator. If this is changed, how will it affect the Chief of Police's position? The City Administrator will not serve as the City Budget Officer, there is a City Finance Director. The City Administrator used to be the Budget Director, and this takes up a lot of time. Section 6, # 13 services can be defined in the job description. Section 7 refers to a surety bond. This would be included in the package with the IIVIL Liability group. Section I I should be excluded. The ordinance for the Village of Oswego was included in the packet. It is similar to the way the City of Yorkville currently works. There was discussion about having the City Administrator be able to appoint, nominate, discipline, and fire City Employees or Officers. There was also discussion about the powers of the Council as far as removing officers and reinstating officers. A point was brought up that City Administrator is not clearly defined on whether that position is an Office or an employee of the city. This will be able to be defined in this ordinance. There was a question about collective bargaining. Currently only the Police is this way, but that may change in the future. The draft ordinance will come back to COW with a red line copy and a clean copy. 3. Legislative Task Force — This was removed from the agenda. 4. Interim City Administrator Update — Mayor Prochaska has received 5 names of people to ask. 2 people declined, 3 people interviewed. Mayor Prochaska has since received one more name. They will be interviewed tomorrow. By the next COW Mayor Prochaska will have the name of the person to consider and can invite that person to come. 5. Community Development Director Update — The McGrath Group has narrowed the choices down to 6. It was asked that since the City is currently without a City Administrator, if the Council could interview. This should still be moved forward. The person that is selected to be hired will be subject to a full FBI background check. EDC will do the initial interviews and make a recommendation of 3 people to the Mayor. The Mayor will then recommend I person to the City Council. 6. Revised Senior Facility Use Agreement Update — This is an agreement with the Senior Services Associates. Senior Services will be the coordinator for the Beecher Building administrating the 2 nutrition programs. There will also be a 5 year agreement for the Youth Programs to be held at Parkview Christian Academy for $15,000 a year that will be available at the end of this week. The offices will be moved into the Kramer office building. There was discussion about replenishing paper goods. Under item #8 it should say Senior Services, not school. 7. Agreement with Salvation Army Golden Diner's Nutrition Program — Under Item 5 it should say Perkins Room rather than Austin Room. Item #7 the program will not pay the $20 per month, it will pay $83 per month. Item #10 says that no sign shall be permanent or left in place for more than one week. This is from the prior agreement. It was thought that this was meant for signs such as for a rummage sale. This will be amended. I �I Pave 4 of 5 8. Agreement with Community Nutrition Network & Senior Services Association of Cook County Items # 6, #7, and #8 will go on to City Council. 9. Proposal for Cost of Doing a Feasibility Study for Downtown Redevelopment TIF District Process — This is Lisa Lyon's proposal. Kathleen Field -Orr was present to answer questions about it. This is the commencement of the TIF process. There have been questions about a conflict of interest. The TIF statute says that if any Elected Officer, Agent or Employee of the City owns property in the TIF district except a single parcel utilized as the primary residence or is renting a commercial space on a month to month lease, they shall not be part of the planning process. A notice will be put out to all the employees for a disclosure of all properties owned in the TIF district and a description of their use. This must be submitted in writing for the City Clerk to read out loud and record in the minutes of a City Council meeting. There was a question about pre planning discussions and whether or not it was ethical for the people who own property in the TIF district. Kathleen Orr's answer was that she does not know at what point the discussions began, since she was not involved in them. She said that discussing this proposal is the commencement of the TIF process. A person who has property in the proposed TIF district that is not being used as a primary residence, or commercial month to month lease shall no longer participate in discussions on this matter. If such individual does participate, the city will not be held responsible, it is that individual who would be held responsible. A form will be sent to the taxing district. This will be the qualification. This will move on to City Council for consideration on October 11 2005. 10. ZBA 2005 -41 Albert and Kimberly Kolkmeyer - Front and Rear Yard Setback Variance Request — This is a legal non - conforming use. The property is already in violation of the setbacks and they want to build an addition staying in line with the current building. This will go on to City Council on Consent Agenda. 11. Intergovernmental Agreement with Kane County for Blackberry Creek Study — This will be postponed until the next COW. 12. Rob Roy Creek Interceptor Contract No. 4 Com Ed Easement Agreement — This is to cross the Coin Ed easement. The fee for the easement is $15,500. This will move on to City Council on Consent Agenda. 13. T -1 Line Proposal Re submittal — The original bid from ICN for the T -1 line had an additional charge that was not clearly displayed. The quote from ICN works out to be $375 a month over what was already approved. SBC is now the lowest responsible bidder. This will move on to City Council on Consent Agenda. City Attornev: 1. Attorney Vacation / Substitute Attorney — John Wyeth will be on vacation 2 weeks from tonight. Mike Bersani will fill in while John Wyeth is on vacation. He is the former City Attorney for South Elgin, he substitutes for the Village of Itasca, and is a former Trustee in Bartlett. This requires no action. Economic Develoument Committee: 1. Protect Kendall Now — This was recommended by the Committee. It will move on to City Council on Consent Agenda. Pate 5 of 5 2. PC 2005 -37 Corneils Crossing — Annexation Agreement & Preliminary Plan — The Aldermen would like to see the lots be larger. Lot 1 has a house that will front Corneils Rd that is 3 /4 acre. Estate lots are 1 acre and are not water and sewer lots. These lots are water and sewer lots. This parcel is 15.35 acres and will have 32 lots. The smallest lot is 12,034 square feet. The average lot size is 14,795 square feet. They are asking for R2 zoning. This meets the comprehensive plan. This will go on to City Council for consideration. 3. PC 2005 -47 Swanson Lane Estates — Final Plat — This substantially meets the preliminary plan. It will move on to City Council for a vote. 4. Annexation of Bailey Meadows — This will move on to City Council for consideration. 5. Annexation of Pulte/Del Webb Property North of Com Ed Right of Way — This will move on to City council for consideration. Park Board: No Report. Public Works Committee: No Report. Public Safetv Committee: 1. NIMS Compliance — Employees of the City of Yorkville as well as members of the City Council must take and pass this on line course. These individuals could possibly be involved in handling a major incident in the city, such as a terrorist act or a major disaster. - - Administration Committee: No Report Additional Business The Mayor said the city was notified by the IEPA that a 2.5 % simple interest loan for $1,947,070 was awarded for the water treatment plant. The Mayor also said there is a notice for a public hearing for the expansion of the City of Joliet's Facility Planning Area for their Water Quality Management Plan up to Caton Farm Road on Wednesday, November 16 from 4pm - 6pm. Alderman James asked about the park on Colonial Parkway. It is called Cobb Park. It was slated for a rebuild this year but was cut from the budget. It will be reinstated next fiscal year. It will be a refurbish of an existing park, land cash may not be used. Alderwoman Burd said a Kendall County Board will have a tour on October 10 It will leave from the historic Courthouse and will be looking for tourism opportunities in Kendall County. Chief Martin said an officer stopped a person under the influence of drugs last night and during the search of the vehicle confiscated 10,000 hits of Extacy. The meeting was adjourned at 9:37 pm. Minutes submitted by Laura Leppert. PLEASE SIGN IN, MEETING. _es ._ �-.. DATE: _o NAME BUSINESS PHONE # I I 4�2�N Cl422A, I T�k'� 14 ��h Ida U I � I - �tr� — woe 111 1 u u, PA �'ls� �s3 -6 /yy 0 I �01AOri L C T U d C s s Y, 3 U i' o rd Qrfd . C J 5 sA -7-7 3 - L� W -13 7 1 -u,� Uawd 6 9 0 3 Ord - 3 S /,�3