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COW Minutes 2005 08-02-05 Paae 1 of 9 APPROVED 8/23/05 COMMITTEE OF THE WHOLE Tuesday, August 2, 2005 7:00 P.M. City Conference Room Present Mayor Art Prochaska John Wyeth, City Attorney Alderwoman Rose Spears Tony Graff, City of Yorkville Alderman Paul James Harold Martin, Chief of Police Alderwoman Wanda Ohare Randy Scott, resident Alderman Joe Besco Nancy Scott, resident Alderman Dean Wolfer Jerry Engelhardt, resident Alderman Marty Munns Anne Engelhardt, resident Alderwoman Valerie Burd Myrla Randall, resident Kathy Farren, Kendall County Record Mark Gilman, resident Allecia Vermillion, Beacon News John Duggan, Lincoln Prairie Kelly Kramer, Attorney Joe Dougherty, JS Development Chuck Hanigon, Land Vision, Inc. M. Vasandani, Land Vision, Inc. Bob Nelson, Tanglewood Homes Mike Bramluby, Tanglewood Homes Joyce Barrett Jean McBride Sal Rehze, J & S Developing Rich Guerard, Wyndham Development Wayne Konicek Mike Konicek Dave Waden, Land Vision, Inc. Lynn Dubajic, Yorkville EDC Gary Barrett Phil Stupefert, SEC Planning Betty Barrett P.F. Gralh, resident David Peregrin, Ocean Atlantic Paul Burd, Paul Burd Photo Brian R. Watkins, Peaceful Pathways Montessori Sandra Adams Jim Adams, resident Ryan Walter, Cemcon Matt Nelson, Lannert Group Greg Stevens, Lannert Group John Glyman, Glyman Design Andy Fitz, Montalbano Homes Michael May, Cemcon, Ltd. David Schulz, SEC David Knott, Yorkville Farms Dan Harper, Yorkville Farms Jim Olguin, Yorkville Farms Chuck Brooks Julie Doverspike Jeff Lacey Barb Gilmore Craig M. Coffey, resident The meeting was called to order at 7:02 pm by Mayor Art Prochaska. The parking ban issue was moved forward because many residents came to discuss this issue. Public Safetv Committee: 3. On Street /Overnight Parking Restrictions - Julie Doverspike, a resident on Powers Ct. made a comment that she lives in a, duplex with a single car garage and a small driveway. She has 4 teenagers who work, and each have vehicles besides her own. Page 2 of 9 Paul Burd, a resident on Commercial St. said the parking restrictions discourage small business they work out of their homes, and have nowhere else to park their vehicles. Joyce Barrett, a resident in the Oaks of Fox Hill said thank you for spraying for mosquitoes, thank you for testing the sirens every month, and thank you for addressing the parking issue. The out of town papers must be delivered overnight to have them to the customers first thing in the morning, but papers have not been getting delivered because the people who deliver them are not allowed to get out of their cars, and cannot get to the paper boxes when there are cars parked in front of them. Also she feels when you drive your car home from work, it is giving the company free advertising. Sandra Adams said her home is in a residential area, not a commercial area, and she does not like the commercial vehicles to be parked in the area, especially the ones with trailers with huge equipment on it. She is in favor of the ban of all vehicles from 1 am — 6 am; it would help with snow plowing and street cleaning. Jeff Lacey, a resident on Bruell St. said there is a truck that parks across from his driveway which makes it difficult to exit his driveway. Also he is concerned about the small children in the area that could be hurt on the truck and trailer's equipment. He has lived here 11 years and did not know the truck would be parked there when he purchased the house. Barb Gilmore, a resident on Bruell said her truck and trailer is the one in question on Bruell St. The truck has been here 13 years. Parking the truck at the business would be an inconvenience. She would like to park in the driveway, but has been told she cannot. She wants to know if the parking ban should pass would the city compensate her for a necessary move. Would there be a time limit or would she be grandfathered in? Alderman Besco asked her about the plates on her vehicle. The truck has a B plate and the trailer has a D plate. This issue was brought up by previous council members, and still has not been resolved. The council members had been hearing from the citizens who want the ban, not the ones who do not want the ban. There will be a public hearing to get more feedback from the community. The number of people against the ban is a small number of people compared to the number of people who live in Yorkville. Right now commercial vehicles are not allowed in the driveway because of a zoning ordinance and maybe this issue should be looked at. Also the cars are not allowed to be parked over the sidewalk. The parking ban would only apply to curbed roads. Non - curbed roads have a gravel area off the paved roadway where cars can park. The Fox Hill area is a problem because there are not enough places to park. Alderwoman Spears thought if there are too many vehicles for the home, possibly there could be parking on one side of the street. She also is being contacted by people who feel this ordinance does not work with the small business community. Alderwoman Burd's wanted to remind everyone that Yorkville's history is that of a blue collar community. Maybe the new areas of town that want the parking ban could address the issue with no parking in their covenants. It was thought that the original issue was about the larger commercial vehicles. Alderman Besco pointed out that the contouring of the streets such as near the apartments in Countryside do not allow for parking on the street. Public streets are for moving traffic, the residents will not be notified when the city wants to sweep the streets, or when the snow plow has to come through. Also it is a safety issue. Pate 3 of 9 If there is no parking allowed, maybe that car is there to break into a house. The Police could see the car does not belong. Alderman Besco suggested a parking sticker for people that would belong parked on the street so the Police would know the car belongs there. Alderwoman Spears pointed out the ban would help snow removal trucks to plow. Also she was concerned about the length of time a service vehicle would be allowed to park on the street outside the residence while rendering a service. Alderman James said streets like Colonial Parkway are narrower roads, and parking on one side works. Each neighborhood would have to be looked at. Alderman Wolfer said one of the issues in other towns is getting a fire truck down the streets when cars are parked on the sides of the roads. Mayor Prochaska said there should be some sort of compromise with some parking allowed, and there could be designated parking spots such as on Colonial Parkway. Permits on a daily basis would be an Administrative nightmare. Alderman Besco suggested one color parking sticker for long term parking, and one color sticker for temporary parking. Alderman James asked what about bootleg stickers? Alderwoman Spears suggested if the city is going to change its restrictions, it should require the new developments to have wider roads. Mayor Prochaska said the new subdivisions are wider, they are at 31 feet. He suggested this go back to Public Safety, and until something is worked out the residents should be courteous and use common sense when parking. Alderwoman Burd suggested something be done to solve the problem on Bruell St. Mayor Prochaska said there are some policy questions that will have to come back. Alderman James pointed out the homeowner said she would like to park the vehicle in the driveway, but there is currently a zoning ordinance preventing her from doing that. Alderman Munns said he sees homes with no one parked in the driveway. He does not believe parking on one side of the street will work, and does not want to see big semis and trailers parked on the street. He also thinks if it is in the subdivision covenants, people are going to violate the covenant. Mayor Prochaska said as an individual homeowner you can take the person violating the covenant to court, but most people are not willing to do that. Mayor Prochaska said places will have to be identified that will work for parking. Alderman Munns suggested there should be a resolution in place before winter. Alderman Besco asked Alderwoman Ohare if there were ordinances from other communities. She said there were some, but she would have to go back through the committee packets for them. Mayor Prochaska suggested the city address the immediate problems for now. Currently nothing larger than a B plate can be parked in the driveway. This will go back to Public Safety on August 11 a. Prohibition on Overnight and Certain Commercial parking — This will go back to Public Safety. b. Fox Hill Park East & West — No parking on specific streets — This will move on to City Council Consent Agenda. Paae 4 of 9 Presentations: 1. PC 2005 -23 White Pines Concept Plan — This is the Konicek farm property. It is 234 acres between Baseline Rd., Eldamain Rd., and Ash Rd. There are 4 ro osed P p land uses. 20 acres of the property would be zoned commercial. There will be 242 Single Family and 2 types of attached homes. There will be 218 Town homes, 84 Manor homes and a suggested water tower site. There will be detention ponds on both sides of the property. There will be an entrance into the subdivision across from Beecher Rd., one halfway between Beecher and Eldamain Rd., one off Ash Rd., and one off Baseline Rd. The neighborhood will have diversity of product and price and will result in a diversity of people. The design of the development allows for several smaller areas of green space. The minimum lot size for the single family homes is 12,000 square feet. There are also some 13,000 and 15,000 square feet lots. The density is 2.15 units per acre. There will be a trail on the East side of the property with an 8 acre park adjacent to the trail. It was thought that other developments nearby would have a school site. Alderwoman Spears asked about parking around the parks. The pavement will be widened to allow for parallel parking. Alderwoman Spears would like to see a parking lot for the park instead. Mayor Prochaska said that can be addressed in the park design. Bob Nelson said the park indicates an extra striped lane for parking. Alderman James asked what the distance is from Garage to Garage in the Town homes district. He does not feel a 20 foot long driveway is long enough to park 2 vehicles in end to end. Mayor Prochaska wanted to make sure the density of 2.15 was not including the commercial section. It is a residential density of 2.15. Alderwoman Ohare was concerned about the street design. Mayor Prochaska pointed out that on long and straight roads the traffic tends to go faster. Tony Graff asked Alderwoman Ohare if she would like a street scape design in the PUD plans. She said she would just like to see the streets not be so straight. Tony Graff pointed out that the Public Works department does not like cul -de -sacs. Also the power lines should be buried throughout the development. Alderwoman Burd would like to see more pockets of green space throughout the whole subdivision, whereas the Parks Department likes to see it as one larger park. The commercial section will be accessible from inside the development. Alderman Besco thinks it would be nice to have a roundabout with a gazebo in the intersection of the main North -South road and the road that curves. Or it could be a parkway or boulevard with trees in the median. 2. PC 2005 -32 York Wood Estates (Anderson Farm) Concept Plan — The Anderson Farm is on Rt. 71 and Highpoint Rd. it is 178 acres with a proposed 193 single family homes on mixed lot sizes. The density is 1.08 units per acre. The 10,000 square foot lots back up onto the open space. There are some 12,000 square foot lots and 59 -'/2 acre lots. The entrances will line up with the Chally Farm. There is a 3 acre park adjacent to a wetland area. The trail system will connect to the other trails. The large lots with the trees will try to save as many trees as possible. The utilities will be run in front of the properties to save some of the trees. There will be a road that connects to the county's subdivision. This plan has 47% open space. There was a comment that the 10,000 square foot lots could be made into 12,000 square foot lots and the open space be made slightly smaller. Pate 5 of 9 Alderman Besco asked if the developer would be willing to comply with any tree protection ordinance that may be put in place between now and when construction begins. He would like to work with the city on this issue. 3. PC 2005 -33 Chally Farm Concept Plan - This plan has had some changes made to it as suggested by the Parks Department and Planning Commission. The 2.6 acre park was relocated to be near a future possible school site. The detention will be dry. There is a trail connection that goes through to the North and the lots were changed to accommodate the changes. Some 12,000 square foot lots were added. There are no variations requested. There are 89 - 12,000 square foot lots, 91 that are a little larger than that, 16 — 16,000 square foot lots and 38 — 18,000 square foot lots. The density is 1.52. Alderwoman Ohare asked of there are any trees on this parcel, and there are not many. Alderwoman Ohare was concerned with all the parks being locate next to the schools; the people cannot use them during school hours. She would like to see some parks the public can use at all times of the day. There is a 4 acre site with a ring of trees on it with a 1 '/2 acre spot in the middle that can be used for a park site. Alderwoman Burd was concerned that changes were made to the plan before the council was able to see the plan. She feels since the council ultimately makes the decisions that she would like to also see the original plan. Detail Board Report (Bill list): There was a question on page 11 of the bill list about backup generators. Do all the lift stations have a backup generator? Some do and some do not. There was a question about some of the charges under Menard's on page 17 of the bill list. What did the water department need the siding, and paint supplies for? The water department made and painted the emergency sprinkler ban signs. There was a question about who was representing the city for the Rotary Club, page 24 of the bill list. Glory Spies is attending on behalf of the city.. There was also a question about the liquor license charges under the police department on page 33 of the bill list. That was for background checks. The Bill list will move on to City Council for consideration. Items Recommended by Committee for Consent ALYenda: 1. Police Reports for June 2005 — There is a new report. A school related man hour report. These will move on to City Council. Mavor: 1. Coffee with the Mayor — August 6 th at the Farmers Market, Town Square Park from 9:00 —11:00 am. Citv Attornev: 1. Right to First Refusal for 20 Acres — Route 34 between Countryside Parkway & Bristol Ridge Road — The city has no obligation to exercise the right, just the opportunity. There is no animosity generated by this, and it will not cost the city any money. If the city does not choose to exercise this right, it must offer the opportunity to the Goodwin's. The right has duration of 2 years. This gives the city no advantage or disadvantage for the future. The owner wishes that it will not be developed as commercial. This could be an opportunity to start a public /private partnership. This will go on to City Council for a Vote. I Pave 6 of 8 Economic Develonment Committee: 1. PC 2005 -02 Lee Farm — Annex Agreement & Preliminary PUD Plan —This is on the South East corner of Penman Rd., and Ament Rd. which it not yet contiguous. The remainder of the Park obligation will be used to improve the Park. There will be some future road and sewer improvements. Also the trail will be improved. There will be 293 single family lots. This is ready to go to Final Plat. Mayor Prochaska asked about the bounce in the storm water retention pond. He would like to see a provision that the grading and planting of the detention pond will sustain vegetation when the plants are inundated with water. The developer is using TR20 modeling to develop the detention pond. It will have a wetland basin and will have water at all times. The power lines must be buried along the highway. There was a question about whether or not the road improvements for Kendall County were included in this. There should also be a Right to Farm Clause. The changes will be made before the City Council meeting on August 23 2. PC 2005 -28 Woodlands, Inc. - Annex & Zoning of 4.5 acre Commercial Site — This will be tabled until next month. 3. PC 2005 -29 YBSD — Annex & Zoning of 20.375 acres Adjacent to Facility — This was recommended to move on to City Council. 4. PC 2005 -22 Prestwick of Yorkville — Preliminary Plan — The major changes to this were the changes to the size of the Park based on comments from the Park District. There will be a cross street off Penman Rd., instead of 2 offset intersections. Mayor Prochaska said the offset streets were a problem for traffic control in the future. Tony Graff was not sure he liked a major intersection next to the Park. Alderman Besco suggested a different type of pavement for the crosswalk, whether it was stamped asphalt or paver bricks in the roadway, would slow down the traffic. There was a question if parking would be available for the Park site. There are some off - street parking spots in the Southern area of the Park. The council would like to see the second preliminary plan where the intersection is a 4 way intersection, instead of offset intersections, to go on to City Council for approval. 5. PC 2005 -25 Westbury Village POD 6 — Final Plat — This POD is located just North of the Town homes on the North West corner of Route 47 and Corneils Rd. One outstanding issue is the grading outfall project from the Town homes that will need to be done. It does not affect the Plat. This substantially meets the Preliminary Plan. This will move on to City Council for consideration. 6. PC 2005 -31 Peaceful Pathways Montessori —1 % Mile Review - This is on Rt. 71 across from the Forest Preserve. This will move on to City Council Consent Agenda subject to the Annexation Agreement. 7. PC 2005 -30 Ocean Atlantic — Rosenwinkel Property — Amendment to Annexation Agreement — This property is on Corneils Rd. West of Beecher Rd. This would be a zoning amendment from MI to a combination of R2 and R4 with the condition that there would be no apartments. A bubble drawing would be attached to show the maximum density and the conditions that must be met. 60 acres or 47% of the property will be single family homes. 24% of the property would be for Town homes with a maximum count of 286 units. 28% - 29% of the property would be open space. Paae 7 of 9 There will be 2 single family PODs, one on either side of a 2 '/z acre privately owned clubhouse site. There is a 4 acre of park land and 2 acres of wetland. The Town homes would be on the South end of the property closest to the manufacturing. A Public Hearing is scheduled for next week. Alderwoman Spears pointed out that the council has done this same thing for another development already. Alderman James feels comfortable approving the zoning change so long as the maximum density is not exceeded. Alderwoman Burd asked if there had been any interest in the property zoned as manufacturing. The only interest the Rosenwinkels have had was from Enron and from residential developers. Mayor Prochaska said this would be coming through with a PUD agreement before anything other than zoning would be approved. There are 476 units proposed on approximately 128 acres. That puts the density at 3.68. The maximum density allowed by the city is 3.5. This would have to be modified to meet those guidelines. There was a question about whether or not there could be floating zoning on the property of manufacturing or residential. This would have to have a zoning change, and if the owners wanted it to change back, they would have to ask for another zoning change. Kelly Kramer asked that this move on to City Council for a Vote next week. 8. Fox Hill Economic Incentive Agreement — This is a State required excessive deceleration lane that will use a material called BAM. BAM is a mixture of cement and asphalt. This will move on to City Council Consent Agenda. 9. PC 2005 -04 Lincoln Prairie Yorkville — Special Use Request — This is a request for an Asphalt Plant between Faxon Rd., and Corneils Rd. The nearest house is 500 yards away. During the study it was found that 4 times over 4 months there would be a detectable threshold of smell but not a nuisance level of smell. Alderman Wolfer asked if there would possibly be any odor from the trucks carrying the asphalt. There possibly could be. Alderman Munns asked if the amount of traffic would significantly increase. The developer is putting money into the perimeter roads. Alderwoman asked if the homeowners that voiced concern about the smell received a copy of the study. It is not known for sure if they did or did not. Alderwoman Burd wants to be sure not to discourage manufacturing businesses from coming to Yorkville. This will move on to City Council for consideration. 10. Proposal for Cost of doing a Feasibility Study for Downtown Redevelopment TIF District Process — This will cost $40,000 plus reimbursable expenses. This is recommended to move forward using contingency funds to pay for this. This is something that is qualified, not bid. The YAS plan will be taken into consideration for the study to see if the area qualifies for a TIF district. This will move on to City Council Consent Agenda. Park Board: No Report. Public Works Committee: No Report. I Paae 8 of 9 Public Safety Committee: 1. 2004 Year End Analysis Report — Alderwoman Ohare said this report is very informative and shows the city really is behind the Police Department. There was one correction under crimes against property; the criminal damage for 2003 should be $118,000. This report is accepted. 2. False Alarm Ordinance — There was some discussion about the fees in the ordinance after the third offense. Some Aldermen felt the fees were too light, and others felt the fees were fair. These fees were approximately the middle of the range of what other municipalities charge. This will move on to City Council for consideration. 3. On Street /Overnight Parking Restrictions — This was discussed at the beginning of the meeting. a. Prohibition on Overnight and Certain Commercial Parking — This will go back to Public Safety. b. Fox Hill Park East & West — No Parking on specific streets — This will move on to City Council Consent Agenda. Administration Committee: No Report Citv Council Requests 1. Eminent Domain Powers — Alderwoman Spears is looking to be proactive in this matter. The first 5 paragraphs should be clarified that it is for private use versus public use. The 5 t ' paragraph should have public right of way added. In paragraph 5 instead of the phrase "...should not be used simply to further private economic development," it could read ".... should not be used simply to further private use by another party." Paragraph 4 without owner's consent should not be providing benefit to another private owner. Paragraphs 2 and 3 can be combined, and paragraphs 6, 7, and 8 can be combined. This resolution can be clarified and have the words condensed. This resolution would only be good as long as this City Council is in place. When new members enter the Council, this would have to be redone. There was a question about public safety issues with an absentee owner or "slumlord". The overall discussion was that Eminent Domain should not be used to take property away from one private owner to give to another private owner. Alderwoman Spears would like this to be published in the paper, or on WSPY. This will come back to the next COW. Human Resource Commission: 1. Salvation Army Golden Diner's Sponsorship Request — A sentence was added to state the funds donated will stay in Kendall County. This will move on to City Council Consent Agenda. Paae 9 of 9 Executive Session: A motion was made by Alderman James to go into Executive Session for the purpose of litigation, when action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. The motion was seconded by Alderwoman Ohare. All were in favor with a roll call vote. The meeting was adjourned to executive session at 10:23 pm. Executive session was adjourned at 10:26 pm. There is no formal action to be taken at this time. Additional Business Alderwoman Burd will be out of town until August 17 Also, she is receiving requests to have the streets cleaned in the downtown area. Alderwoman Spears asked what the status was on the Community Development Director. The request was sent out to the consultant doing the application process. Alderman James invited anyone who wanted to come to the Administration Committee Meeting on Thursday since there will only be 2 Aldermen there. The meeting was adjourned at 10:28 pm. Minutes submitted by Laura Leppert. 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