COW Minutes 2005 09-20-05 Page 1 of 11 APPROVED 11/22/05
UNITED CITY OF YORKVILLE
COMMITTEE OF THE WHOLE
Tuesday, September 20, 2005
City Conference Room
7:00 p.m.
In Attendance:
C V
Art Prochaska — Mayor John Wyeth — City Attorney
Valerie Burd - Alderwoman Eric Dhuse — Public Works Director
Paul James - Alderman Traci Pleckham — City Finance Director
Wanda Ohare - Alderwoman Tony Graff — City Administrator (7:10 to 7:30pm)
Jason Leslie, Alderman Laura Brown — Executive Director Parks &
Dean Wolfer - Alderman & Rec
Rose Spears — Alderwoman Bart Olson — Deputy Clerk
Joe Besco — Alderman Bill Powell — City Treasurer
Lynn Dubajic — Director Economic Development
Guests
Allecia Vermillion — Beacon News Kathy Farren — Kendall County Record
Nicole Ohare Wesoloski Pete Huinker
Phil Stuepfelt Cecelia Sanders
Identa Austin Curt Wood
Sandy Adams Chuck Byrum
Matt Cudney Gary Meyer
John Whitehouse
Mayor Prochaska said that the senior issues on the agenda would not be discussed at
this meeting. He then called the meeting to order at 7:47pm following the
Executive Session.
PUBLIC HEARINGS:
None
PRESENTATIONS:
1. Dr. Curt Wood — Council Procedures / City Administrator Position
Dr. Curt Wood of NIU was present to serve as an advisor to develop plans to
replace the City Administrator and hire an interim Administrator. He outlined the
options for an interim Administrator as follows:
1. Authorize the Mayor to serve as the City Administrator
2. Hire a City staff person
3. Hire a local person with knowledge of the City government
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4. Hire professional administrator who works with the ICMA Range Rider
program (Range Rider locates former administrators who are in transition
who essentially work on a volunteer basis)
Dr. Wood said he and Dr. Gabris (also of NIU) recommended the Range Rider
option for the following reasons:
1. There is no charge for the program
2. Provides professional management
3. Administrator can assist Council in developing ordinance for the position
4. Can assist the administrative and legislative task forces
Dr. Wood said the procedure that should be followed in selection of an interim
person should be a nomination by the Mayor with approval by City Council vote.
Another priority, he said, should be the establishment of an ordinance before the
permanent selection process begins since a prospective candidate will want an
ordinance in place. This ordinance should be created by the Mayor and Council
rather than the Administrative Task Force. He noted that a model ordinance had
been provided.
The next priority, according to Dr. Wood, is to approve by resolution, a governance
implementation plan at the next regular meeting. He also recommended two task
forces: legislative and administrative after the ordinance has been approved.
The legislative task force should do the following:
1. Re- design of current committee system
2. Create governance ordinance
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The administrative task force should concentrate on the following points:
1. Develop communication mechanism between Administrator and Council
2. Find ways to free up time for Administrator to supervise staff and develop
communication with staff
3. Re- design Administrator's annual performance appraisal process
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Dr. Wood outlined the last priority for the Council for hiring a permanent
Administrator. He said this should be done in -house and that the City should hire a
professional consultant to coordinate the process. The Council should work with
the Range Rider program for technical assistance. If the Range Rider program were
to be used throughout the entire process, then a charge would be assessed.
It was noted by Dr. Wood that the potential interim Administrators from Range
Rider might be retired or some might be seeking positions. Some committee
members said they felt that the interim person should be a retired person and not
seeking a permanent position. It was also suggested the interim person should be
someone who is familiar with a community the size of Yorkville.
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It was decided that Mayor Prochaska would bring forth a potential candidate for
approval by the Council. The ordinance will be formulated from the drafts provided
and from other examples available. Dr. Wood said the Council should consult the
City Attorney for any revisions to the model consistent with Yorkville's form of
government. The Mayor said he would like some drafts of the ordinance available
for the next C.O.W. meeting so that further discussion can take place.
Recommendations for the legislative process committee were: Val Burd - Chairman
and Wanda Ohare- Vice -Chair and other members -Joe Besco, Jason Leslie. City
staff would include City Administrator and also Dr. Wood.
Recommendations for the administrative task force were as follows: Mayor
Prochaska as Chairman, Rose Spears as Vice -Chair with other members -Paul James,
Dean Wolfer and Marty Munns. City staff would include City Administrator, City
Intern and also Dr. Wood.
These recommendations will be brought back to the October 4 C.O.W. meeting for
further discussion. Dr. Wood will also be present at that meeting.
Dr. Wood's presentation concluded at 8:12pm. Mayor Prochaska said he would
remove item #8 from the Mayor's Report since this had already been discussed.
DETAIL BOARD REPORT BILL LIST):
The following items from the bill list were discussed and the resolutions are
summarized:
1. Page 1: Police Department gasoline —with increased cost of gasoline, the
effect on the budget will be looked at.
2. Page 9: Rental generators —these are temporary for Woodworth since Bruell
Street station is completed.
3. Page 14: Stainless steel water cooler Beecher building— drinking fountain
replacement
4. Page 21: police car M4 & M13 (two M13's were shown)
5. Page 1: Building & Zoning/Schramm Planning— front - funding is in
annexation agreement, if not passed, will be billed back.
6. Page 9/10: employees taking courses, Alderwoman Spears would like to see
names. Was in -house seminar.
7. Page 13: Business cards for Julie Ciesla who is an Accounting Clerk
8. Page 17: Nicor- 89¢- -gas used at well house
This list will moved to City Council for approval.
Page 4 of 11
ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA:
1. Treasurer's Report for July 2005 — Admin 911105
This report was as of July 31 and Treasurer Powell reported that there was over
$10 million at the beginning of the month. Expenditures were approximately $3
million with an ending balance of $13,613,718.77. The Combined Fund
Balance reserve is at 28 %. Alderwoman Ohare complimented Mr. Powell on a
goodjob.
This item moves to the consent agenda.
MAYOR:
1. Kendall County Ordinance Adopting and Implementing Agricultural
Conservation Easement and Farmland Protection Program — COW 916105
Mayor Prochaska recommended a resolution of support for this program.
Alderman Besco asked for clarification on the makeup of the commission
members. The Mayor applauded this program for conservation areas and open
space etc. Attorney Wyeth will draft the resolution.
This moves to the consent agenda.
2. Invitation to Join Metro West Council of Government — COW 916105
This is a council of government from the western suburbs, Kane, Kendall and
DeKalb Counties to join forces for a stronger voice pertaining to issues that
impact this area such as the cable consortium. There is a $3,500 fee that is
based on the population. Alderman Burd felt this was a good opportunity to
gather more information on specific issues and Mayor Prochaska recommended
that the City join this group. There was a brief discussion on the growing
population and whether the fees would be affected by that growth.
Attorney Wyeth said a motion would be needed to join this group and the fee
will be written into the motion. This will move to the City Council consent
agenda and Mayor Prochaska will send a memo to the aldermen to advise them
of the revenue source of the fee.
3. Revised Senior Facility Use Agreement Update — CC 9113105
4. Agreement with Salvation Army Golden Diner's Nutrition Program
5. Agreement with Community Nutrition Network & Senior Services
Association of Cook County
Above items tabled due to Executive Session
6. Review Process to Purchase Downtown Post Office Building Update
The City has been included on a list of interested parties for possible purchase of
the downtown post office and information will be sent to the City in October.
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7. Proposal for Cost of Doing a Feasibility Study for Downtown
Redevelopment TIF District Process
A scope of work will be forthcoming possibly by October 4 from Lisa Lyons,
the qualifying TIF consultant. A contract will be approved after the scope of
work is received.
Alderwoman Burd commented on an article from The Beacon News dated
September 20. She was aware the TIF would be discussed tonight so she
contacted Attorney Kathleen Orr since Ms. Burd is a property owner in the TIF
area. She stated she would not be participating in these discussions.
This item will be brought back to a future C.O.W.
8. City Administrator Replacement
Not discussed
9. Part -time Employees Exceeding 1000 Hours
Administrator Graff noted that Chief Martin was unable to attend this meeting
tonight as he was called away for possible assistance in anticipation of a
hurricane in the southern states. Mr. Graff said there were two issues to be
discussed:
a.) The employee handbook states that a part-time employee cannot work
over 1,000 hours in a calendar year
b.) Two part time employees have exceeded those hours for the year: one
is a part-time police officer and the other is the administrative intern
The employee manual states that City Council permission is required for hours
greater than 1,000. Mr. Graff said these hours will be tracked in the future.
It was noted that those employee could be eligible for City benefits if the
Council decided and they would be eligible for IMRF. Mayor Prochaska said he
would instruct staff to begin paying IMRF on behalf of these two employees. It
was noted that even though Intern Bart Olson holds two positions, he is
considered "one" employee by IMRF.
Mayor Prochaska also would like the Administration Committee to explore the
possibility of a full time assistant to the Administrator. Ms. Spears added that
NIU recommended delaying the selection of an assistant until the new
Administrator was in place, however, the Mayor said he would like an assistant
on board to work with the interim person. The Council will move forward with
that suggestion.
This matter moves to the consent agenda.
Page 6 of 11
CITY ATTORNEY:
1. Heartland Circle Subdivision — Bollweg Easement
A memo from Attorney Wyeth gave the background of this item in which an
easement for a stormwater facility was granted to the City from Mr. & Mrs.
Michael Bollweg. Both Mr. Wywrot and Mr. Wyeth reviewed and approved
the actions taken and it was recommended that this item be moved forward to
the consent agenda for approval.
ECONOMIC DEVELOPMENT COMMITTEE:
1. Development Agreement and Rezoning for Robert and Debra Dearborn
201 S. Main Street & 204 Hydraulic Avenue — CC 9113105
This agreement was late for the previous week's meeting and it was voted to
move to City Council meeting in the coming week. The property owners wish
to change the zoning from R -2 to B -2.
This item moved to the consent agenda.
Z Del Webb Annexation and Planned Development Agreement — CC 9113105
Mayor Prochaska said this agreement had been through many committees
already and asked if any of the Council members had questions. Alderwoman
Ohare asked if all the fees had been agreed upon and Mayor Prochaska replied
that the fees are set by ordinance. It was noted that because of the community's
age restrictions, the developer is in discussions with the school district regarding
school fees.
It was suggested that a policy be in place on the use of land cash to benefit
senior citizens. It was noted that land cash is based on population.
Discussion turned to SSA's within this development. Mr. Cudney said his
company will come to a future meeting to request an SSA.
Alderwoman Spears asked if City services could adequately be provided in view
of the decreased building setbacks and architecture of the development. Ms.
Burd said that EEI had recommended that in areas of tight spaces such as the
northwest section of the development, the streets not be considered city streets
due to the potential of having to excavate for sewer /water repairs at taxpayer
cost. These streets would be designated as private streets. Mr. Whitehouse
added that the parkway is only 3 feet wide as opposed to the usual 13 feet.
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There was a lengthy discussion concerning rights -of -way, setbacks and widths.
Alderwoman Spears stated that she was not comfortable with the setbacks etc.,
as requested. Public Works Director Dhuse said the problems begin when one
reduced setback is combined with another, though he did add that in some older
parts of town, there are similar setbacks.
The duplexes in the Del Webb development present the greatest problems with
their reduced setbacks. The streets in these areas should be private, according
to Mr. Graff and it was noted that in some other Del Webb developments the
homeowners' association helps to pay for any potential repairs needed such as
sewer repairs. Mr. Whitehouse said some utilities may need to be put under the
pavement due to reduced setbacks and a letter of credit or bond or a backup SSA
was suggested as a possible solution for paying for repairs.
Snowplowing was another issue discussed. Mr. Graff asked if the developers or
an independent contractor could do the snowplowing in exchange for some of
the setback concessions. Mr. Cudney replied that after the community is turned
over to the homeowners' association, the residents would question why they are
being asked to pay twice as taxpayers. In the Del Webb communities, the
driveways are also plowed for the residents and Mr. Dhuse said the private
contractors in these situations often leave the snow piled in the streets. Then it
becomes the City's problem with no place to put the snow. It was suggested
that Yorkville's Public Works could contact the Huntley Public Works to see
how they address this problem.
In an effort to move this development forward, Mr. Cudney suggested coming
back to these issues and a possible compromise could be reached on the
remaining questions.
Alderwoman Spears questioned the four -foot width of the sidewalks since the
usual width is five feet. Mr. Cudney replied that the sidewalks in their
developments would incur less use in their communities. Ms. Spears said the
legality of accessibility for wheelchairs was an issue while on the other hand,
some Plan Commission members had said they did not wish to see the sidewalks
wide enough to be used by golf carts.
The Mayor suggested verbage in the agreement that would suggest solutions
being used in other developments. He asked Mr. Cudney to come back with
some answers on how the snow - plowing is addressed and asked for the revisions
to the agreement to be returned by the coming Friday.
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PARK BOARD:
No report.
PUBLIC WORKS COMMITTEE:
1. 129 Commercial Drive – Sidewalk Agreement – PW 8122105
2. Cannonball Run Plaza – Sidewalk Agreement – PW 8122105
3. XPAC –Sidewalk Agreement – PW 8122105
4. State Street Watermain – IDOT Highway Permit – PW 8122105
5. Cannonball Estates Phase I – Letter of Credit Reduction #5 PW 8122105
6. Cannonball Estates Phase 2 – Letter of Credit Reduction #4 PW 8122105
7 Raintree Village Unit 5 – Earthwork Letter of Credit Reduction #1
PW 822/05
The Mayor and Alderman Besco said that the first seven items could move to
the consent agenda. Alderwoman Spears asked what remained on the punchlist
for item #6— Cannonball Estates, Phase 2. Significant headway is being made
on this item according to Joe Besco and the.letter of credit more than adequately
covers the remaining items.
8. Route 47 Widening –Jefferson Street – PW 8/22/05
a. Schoppe Design Associates Proposal for Planning and Design Services
PW 8/22/05
A suggestion had been made that perhaps the costs could be reduced by IDOT
since not all dirt would be removed. Mayor Prochaska said that Schoppe's
proposal would require an inter - governmental agreement with the County since
j funding would come from both the County and the City. A resolution would be
required for this agreement according to Attorney Wyeth and it could move to
the consent agenda.
9. EEI Consulting Agreement for Fox Road Regional Stormwater Study –
PW 8/22105
Mr. Whitehouse said this study was suggested by Mr. Wywrot due to drainage
issues near the Fox Glen subdivision on the north side of Fox Road. This study
would be subject to developer funding. A reduced release rate would be
explored and the study would be done comprehensively rather than for
individual developments. It is hoped to do this before the entire area is fully
developed.
This will move to the consent agenda subject to front - funding by developers.
10. Final Acceptance of Street Lights in Heartland Circle – PW 8122105
The punchlist for the street lights has been accepted, however, a legal
interpretation will be needed on the warranty and Attorney Wyeth will provide a
memo next week. This item moves to Public Works.
Page 9 of 11
11. Results of Sale of Public Works' Vehicles & Equipment — PW 8122105
Public Works Director Eric Dhuse recently sold some equipment and the funds
will go to the capital funds for Public Works. He looks at the Kelley Blue Book
to determine current pricing. The winning bids were brought to this meeting so
that they could be moved forward to City Council for approval.
This item will be on the consent agenda.
12. Emergency Vehicle Pre - Emption Equipment — PW 8122105
This equipment is for emergency equipment and includes a flashing white light
when emergency vehicles are proceeding through intersections. Alderman
Besco said that developers will be requested to pay for this equipment as new
intersections are built. The cost of installation is about $10,000 per intersection
and does not include installation in vehicles. It was noted that pre - emption
equipment will eventually be installed at all the intersections of Rt. 47 within the
City at approximately 14 intersections. A reserve of money will be started for
the Rt. 47 project and will be placed in the Engineering capital improvement
fund. Liability issues were also mentioned pertaining to this equipment that
would be used by both the Police and Fire Departments.
This moves to the consent agenda.
13. Menard's Commercial Commons — Final Acceptance of Landscaping —
PW 8 -22 -05
The Commercial Commons area has been landscaped and Menard's requested
acceptance. Alderwoman Spears questioned the unfinished items referenced in
a memo from Joe Wywrot and it was requested to have this list attached for the
next week's City Council meeting. This item will be placed on the consent
agenda.
14. Policy to Allow Staff to Approve Letter of Credit Reductions & Accept
Public Improvements for Small Developments — PW 8122105
This policy was developed for the purpose of expediency for both the City and
developer. It was suggested that an amount be established that could be
approved without being brought before the full Council. It was recommended
that the City Engineer be authorized to approve these amounts and verbage will
be added that the Public Works Committee must be notified of these actions.
Mayor Prochaska suggested that he should also sign off. The committee then
decided that the Mayor ProTem would sign off in the Mayor's absence.
Alderwoman Burd said she was not in favor of the sign -off system since the
committee structure will be up for review and that no single alderman should be
placed above another
The policy will be revised and the draft moved to the consent agenda.
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15. Fox Hill Unit 3 — Additional Parkin g — PW 8122105
This was referred back to the Public Works Committee.
16. FE Wheaton Expansion — Plat of Easement — CC 8123105
This was the approval of the water easement for the water main that loops
around the building.
It moves to the consent agenda.
17. Fox Hill Unit 5 Lot 2 — IDOT Highway Permit
It is desired to make a longer turn lane at Sycamore and Rt. 34. In the new
IDOT procedure, the permit must be issued to the City and the City must
guarantee that the work will be done properly.
This moves to the consent agenda.
PUBLIC SAFETY COMMITTEE:
No report.
ADMINISTRATION COMMITTEE:
1. Raintree Village H— SSA Proposing Ordinance —Admin 911105
This development has requested the next phase of their SSA and it was noted
that this was approved in the PUD and is approved in the ordinance. The
Administration Committee had recommended that this item be put on consent,
however, Alderwoman Spears requested that it be on the Administration agenda
for a vote.
2. Special Census Office Lease
Administrator Graff had received a proposal on the former Castle Bank that
would allow the City to rent space there for $2,000 per month plus $1,000 for
utilities. This would be for approximately two months. Mayor Prochaska
requested that in the future, a census should be done earlier since this one will be
in the midst of the time change and citizens are concerned when census - takers
are coming after dark.
Approximately 60 persons applied for the census -taker jobs, out of the 160
applicants hoped for.
This is a budgeted item and the Mayor will need to sign a "use" agreement. A
certificate of insurance has been obtained. This moves to consent agenda.
Page 11 of 11
ADDITIONAL BUSINESS:
Alderwoman Spears said that she had received phone calls regarding the need
for improvement of a park behind Pinewood Apartments near Rt. 126. Laura
Brown will be asked to look into this and it was also noted that Ms. Brown and
the Chief of Police have visited the site.
Alderwoman Spears asked about the status of the conservation area by
Blackberry Creek. There will be an upcoming Executive Session concerning
this.
Sunfield Restaurant and Burger King management have concerns regarding
having a left turn lane near their businesses according to Ms. Spears. Mayor
Prochaska responded by saying IDOT told them they needed to combine their
accesses. He also said he had suggested to Mr. Graff and Mr. Olson to involve
all the businesses in that area and reach a possible solution. Another possibility
was to extend the road that services the area behind these businesses. The
Mayor also stated that a "ring road" might be in the future when the area behind
these businesses is developed and Mr. Graff explained some of the issues that
IDOT has discussed with these businesses as well. Ms. Spears suggested that a
frontage road be considered for each commercial development such as this in the
future. A cross easement access is the best solution said the Mayor.
Mayor Prochaska said he had received an application for the Human Resource
committee member vacancy. That person is Madonna Bialek and he wishes to
propose her name at next week's Council meeting
The Mayor received several calls from residents whose sod dried up in the
drought this summer and they wondered if the City could compensate them. It
was noted that while there was a sprinkling ban, there was no ban against hand -
watering. In addition the committee members agreed this was an act of God.
Eric Dhuse reminded the committee that as of September 21 night watering of
sod is being reinstated.
There was no further business and the meeting was adjourned at 10:32pm.
Minutes respectfully submitted by
Marlys Young, Minute Taker
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