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COW Minutes 2005 07-05-05 Paae 1 of 6 APPROVED 8/9/05 COMMITTEE OF THE WHOLE Tuesday, July 5, 2005 7:00 P.M. City Conference Room Present Mayor Art Prochaska John Wyeth, City Attorney Alderwoman Rose Spears Bill Powell, City of Yorkville Alderman Paul James Traci Pleckham, City of Yorkville Alderwoman Wanda Ohare Laura Brown, City of Yorkville Alderman Joe Besco Eric Dhuse, City of Yorkville Alderman Dean Wolfer Tony Graff, City of Yorkville Alderman Marty Munns Kathy Farren, Kendall County Record Alderwoman Valerie Burd Allecia Vermillion, Beacon News Glen Levy Jason Poppen, SEC Peter Gabor Dean England, SEC Greg Ingemunson, Attorney Bill McCue, McCue Building Chuck Brooks Jeff Freeman, EEI The meeting was called to order at 7:00 pm by Mayor Art Prochaska. Public Hearine: None Presentation: 1. Illinois Transportation Enhancement Program Grant presented by Tony Graff and Laura Brown — This is a pre - application process that would need approval by August 1 St with a generic route in place. Phases 1— 3 would get more details as they progressed. This program would provide trail linkage to the Fox Valley trails and to the I &M Canal in Morris. It will also provide opportunities to link to the East through the Aux Sable Creek Trails. Com Ed has agreed to let the bike trails run on their right of way easements. There will be trolley stop locations along the route as well as historical landmarks. The trails will possibly be linked to a Metra Station. There is no cost to submit the application and there is no right of way acquisitions. There are no easements in the White Oaks subdivision, those lots go all the way to the river. Land Cash can be used to help fund the project. What is needed now is a resolution of support from the City Council. Peter Gabor, a resident at 316 Walter St. has an issue now that the Commonwealth Easement runs through his property. There is a pedestrian walkway and Bike Path on top of the easement. Trees were removed on his 3 acre property and he now has problems with people on ATV's going through his property. He also breeds German Shepherds and is concerned for the well being of the dogs as well as the people going through his property. There is currently no access to the trail in his neighborhood, and his property is level with the trail. He would like to see some sort of barrier in between his house and the trail and he does not want to have to pay for it. Also there is the consideration of erosion problems, and the neighboring trees would slide down the hill into his yard. This will be addressed through engineering as the bike trail system project moves forward. The Aldermen are in favor of moving this forward. Paize 2 of 6 Detail Board Report (Bill list) On page 6 of the Bill List, the Hamman Easement is believed to be an easement in Countryside for a sewer. It is believed the developers will be paying for some of the easement. Attorney Wyeth will check on who is responsible to pay for the easement. On page 21 of the Bill List, Provena Saint Joseph should be Provena, Mercy Center. This bill is for the employees with CDL licenses that IDOT randomly test out of the Illinois Truckers Pool. This will move on to City Council for consideration. Items Recommended by Committee for Consent Agenda I. Building Permit Reports for May 2005 2. Block 4 Black's Addition — Letter of Credit 3. Block 4 Black's Addition — Letter of Credit Reduction # 1 4. Asphalt Surface Treatment Program — Results of Bid Opening 5. 2005 Crack Filling Project — Results of Bid Opening 6. Contract A.2 — Cannonball Trail Booster/PRV Station — Change Order #2 7. Greenbriar Unit 4 Letter of Credit 8. Cornerstone Subdivision Bond Reduction #1 9. Bruell Street Force main and Gravity Sewers — Change Order #2 10. Sale of Used Equipment — A trash pump will be- added to the list of used items to sell. 11. 500 MG Water Tower Painting — Change Order #1 There was some question that the company chosen to do the work for the crack filling project (Consent Agenda Item #5) was not a responsible bidder, and that company may not be paying the prevailing wages for the job. Attorney Wyeth will do a report on this matter. This item will be removed from Consent Agenda. A new letter of credit was issued for Greenbriar (Consent Agenda Item #7). This will also be removed from Consent Agenda. All other issues will be moved on to City Council Consent Agenda. Mayor 1. Coffee with the Mayor: July 9 th at Coldwell Banker Primus Realty, 207 Hillcrest Avenue from 10 am to Noon. 2. Draft Ordinance Amending City Code, Title 3, Business; Chapter 3 Liquor Control Regarding New Classifications and New Enforcement Provisions — The new fees for the new classifications will be as follows; Golf Course, $2,000 annual license and fee, Temporary license will be $35 for each event, Catering will be $500 annual license and fee, and the Bar and Grill will be $1,200 annual license and fee. There will be no limit to the amount of licenses awarded in each classification. This will move on Consent Agenda. Paae 3 of 6 3. Community Development Director Recruitment Request — There were two proposals in the packet regarding assistance in placing a Community Development Director. McGrath Consulting costs $8,850 and The PAR Group costs $14,000 - $14,500 (plus reimbursable expenses not to exceed $3,500). It was thought that even though McGrath Consulting has not placed a Community Development Director, they have been strong in Human Resource. The city will do the advertising and the background check, McGrath will weed out and qualify candidates, and they will be here during the interviews. This will move on to City Council. Economic Development Committee 1. Draft Ordinance Regarding Commercial /Office Parking Lots — This will go on Consent Agenda. 2. Draft Ordinance Regarding Mini Warehouse Storage — This Ordinance will remove Mini Warehouse Storage to a Special Use area in a Manufacturing District. This will go on Consent Agenda. 3. Draft Ordinance Regarding 100 Year Storm water Release Rate for Aux Sable Creek Watershed — The release rate will be changed from 1.5 to 1.0. This will move on Consent Agenda. 4. Proposal to Support Relocating Overhead Power Lines to Underground Specific to all State Routes and Downtown Area — Com Ed will do the work, but the city will have to pay the burial cost for the lines. There was discussion that this could cost the homeowners for the conversion of each home to accept the underground power lines. It could be possible to start a reimbursement program for this. All new development is currently burying the power lines, and the Council should select what existing areas will have this work done. After the estimates are done, the city should have a Public Meeting. There is a significant cost in the different types of power lines and there would have to be manholes every 600 ft. It was discussed that up to 135 feet for new construction would be paid by the electric company, and if the homeowners want to change their service from overhead to underground would be at the owner's expense. What is needed at this time is a Resolution of Support from the City Council to send to IDOT. This will move on Consent Agenda. 5. PC 2005 -08 Blackberry Woods Annexation & Preliminary PUD Plan — On page 21, item #19. Covenants currently reads: In lieu of any architectural control ordinances...., since there are now such ordinances, it will read: Shall abide by any architectural control ordinances.... There was discussion about the setbacks and the sizes of the yards. Since it will be age targeted, and maintenance free, it is thought by the Aldermen and the Mayor the yards will be fine, if it is written in the PUD that it will never change from Maintenance Free. The city does not want small fenced in properties that are individually maintained. This will be revised and sent to the City Clerk's office to be filed. Paae 4 of 6 (5. Continued) There was some concern whether or not it was a conflict of interest for EEI to perform a review on this development because of the proposed linking to Beecher Rd. This will be looked into. There was a question about whether or not the roads were going to be spaced 400 feet apart. They will be. There was concern about whether or not the neighbor on Independence Drive will be provided access to the road with a new driveway and have utilities provided to him. The neighbor is not landlocked and part of his property is inside the city limits. 6. PC 2005 -17 Fox Hill Unit 6 Lot 1 — Final Plat — This will be moved forward to City Council on Consent Agenda with an updated copy in the packets. 7. Draft Ordinance Providing for a Feasibility Study & Report with respect to the Designation of an area as a TIF Redevelopment Project Area (Downtown Business Area) — The city will pay for the study up front, but will be reimbursed through the TIF funds and through developers. This will move on Consent Agenda. Park Board 1. Cannonball Ridge Park Bid Approval — This is part of the OSLAD Grant, and it is within the budget under land cash. It will have a Fort / Civil War Theme with a 2- 5 year old playground and a 5 -12 year old playground separately. There is space for a skate park and a Civil War playing field area. The recommendation is to accept the bid for George's landscaping bid for $238,334 with additional items to be done by the city for $15,500 and $19,500 in design fees for a total of $273,334. The motion will be split into two separate items, the city work totaling $15,500 and George's Landscaping totaling $257,834. This will go on Consent. Public Works Committee 1. USGS Floodplain and Flood way Mapping for Blackberry Creek — There was discussion about this item, and the committee feels they would like to approve this contingent upon the joint funding agreement and Kane County's approval to accept the award. a. EEI Agreement for Consulting Engineering Services for the Monitoring of the Floodplain and Flood way Mapping for Blackberry Creek b. Sidwell Contract for Blackberry Creek 2. Illinois State Geological Survey Research Agreement for Groundwater Resource Investigations for Kendall County — There was discussion about cost savings, when the money is due, and other communities in the project that have already passed this. This will move forward on Consent Agenda. 3. Plat of Easement — Betzwiser Development — This easement is at the end of the industrial park. It will move on Consent Agenda. Paae 5 of 6 4. Rob Roy Creek Interceptor — Contract #2 — Resident Glen Levy's Request for a Buffer for PNA Property — There was concern that if there was a fence put up on Mr. Levy's property, that every citizen in Yorkville would want something done to their property every time improvements were made in the city, and that Mr. Levy does not live inside the City Limits. The committee would like to make a recommendation to the County Sheriff to take care of the situation. The committee also recommended that Mr. Levy call the County Board members. It is possible that it could be a change order under the YBSD project. Attorney Wyeth will investigate the Case Law of the World Music Theatre. 5. SEC Scope of Service Agreement for Citywide Transportation Analysis for $65,000 - Population and employment forecasts will be utilized to create a traffic model using the CATS model. This would be a needs assessment for the entire system. It would give an estimate of how traffic will shift based on what roads are believed to be built and in use. This will be a study independent from Prairie Parkway. It will provide credibility to the CATS project as a whole. Funding could come from the Illinois Tomorrow Grant or could come from the Contingency Fund. A public meeting would have to be held, and the scope of work would be modified to include this meeting. This will move on Consent Agenda contingent on the Grant money. 6. Truck Purchases a. Replacement of Utility Truck b. Additional One Ton Dump Truck These will move forward on Consent Agenda Public Safetv Committee No Report Administration Committee No Report City Council Requests 1. Ordinance Establishing Committees of the City Council — Alderman James thought this would be something to ask the person who is coming in to do a seminar on how government works. Mayor Prochaska said the City Council is a Legislative Body, and the Committees are Legislative Committees with the ability to look at Policy with no Administrative authority. As a Mayor, he has the ability to appoint people and thus delegate Administrative authority to the Chairman. This Ordinance would be changing the form of Government, and disallow the Council to have Administrative duties. This will move on to COW for discussion. Paae 6 of 6 2. Draft Ordinance Authorizing the City Council to Retain Independent Legislative Counsel — Bill Powell suggested that the City Clerk and the City Treasurer be included in this. Alderman James suggested that the City Attorney be able to consult another Attorney also. Mayor Prochaska stated that this now includes everyone but the Mayor. Alderwoman Burd pointed out that this would be a Legislative Attorney, and the Executive Branch already has their Attorney, this Attorney would support the Legislative viewpoint. There was discussion about when and how the Attorney would be contacted. Alderwoman Ohare pointed out the Ordinance named the Firm the city would use. Mayor Prochaska said there would have to be a qualifying process to qualify a group. Through the Ordinance, the city would allow the function to happen, then there would be a vote and a resolution to use that Firm. If the Firm is listed in the Ordinance, the city would never be able to use anyone else. Alderwoman Spears concern was that she could be named in a lawsuit against the city, and she wants to be able to get a second opinion. Alderman James said the Council would have to vote in Executive Session to contact independent counsel and the phone call would be made in Executive Session, but first all internal resources should be exhausted. This will move forward to City Council for discussion. Additional Business Alderwoman Spears asked about John Street parking. It will be on the next agenda. Alderman Munns asked if there was any inventory control in the Public Works Department. Tony Graff said there is for larger items, but he is not sure for the smaller items. Tony Graff will ask Eric Dhuse about this. The meeting was adjourned at 10:55 pm. Minutes submitted by Laura Leppert. PLEASE SIGN IN MEETING: cl �Jt o n U DATE: ;) ws NAME BUSINESS PHONE # mil, 1 ��( � .n� �`16Q o q, lam-. MO– A4 P c., ; 01,, 53 lo�S�j