COW Minutes 2005 06-07-05 Page 1 of 11 APPROVED 8/23/05
UNITED CITY OF YORKVILLE
COMMITTEE OF THE WHOLE
Tuesday, June 7, 2005
City Conference Room
7:00 p.m.
In Attendance:
Citv
Art Prochaska — Mayor Harold Martin — Chief of Police
Valerie Burd - Alderwoman John Wyeth — City Attorney
Paul James - Alderman Bill Dettmer — Building & Zoning
Wanda Ohare - Alderwoman Tony Graff — City Administrator
Jason Leslie, Alderman Traci Pleckham — City Finance Director
Marty Munns — Alderman Lynn Dubajic — Economic Development
Joe Besco — Alderman
Rose Spears — Alderwoman
Dean Wolfer — Alderman
Guests
Allecia Vermillion — Beacon News Kathy Farren - Kendall County Record
Matt Cudney — Del Webb/Pulte Barry Mayworm — Cardinal Homes
Richard Scheffrahn — Yorkville
Facade Committee
Mayor Prochaska called the meeting to order at 7:00pm
PUBLIC HEARINGS: .
None
PRESENTATIONS:
1. PC 2005 -18 Del Webb/Pulte Homes Concept Plan — Plan Comm. 5111105
Matt Cudney of Del Webb and Pulte gave a presentation regarding the Del Webb
concept plan. This plan has been presented to the Plan Commission and Park
Board.
The development at Galena Rd and Rt. 47, consists of 585 acres with 438 acres
(13 00 homes) in the Del Webb portion, 113 acres in traditional housing and 30 acres
in commercial property. He gave an overview of the types of homes in Del Webb
developments and said SSA's would be a possibility.
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Mr. Cudney explained the project's benefits to Yorkville. Since the Del Webb
community is designated for ages 55 and over, there are no students, fewer persons
per household, fewer roads and utility demands. He added that these residents
generally shop close to home to retain tax dollars in the City.
Alderwoman Burd asked if Del Webb residents vote against school referendums.
Mr. Cudney replied that although the residents may be slightly less in favor of such
a referendum, these residents should be not be set apart in such issues and should be
included instead. He said the residents should be included in volunteer programs
for the schools and involved in the community.
Alderwoman Ohare commented on Del Webb's reputation for good landscaping and
houses being hidden from view. However, Alderman Besco thought the quality of
the homes might be suitable for only 20 years. He added he would not be in favor
of an SSA if it were included in the PUD. He preferred the developer to front -fund
and Ms. Spears concurred with this view. If the SSA were for the infrastructure,
Mayor Prochaska said he would be in favor, but did not wish to have it passed on to
the homeowner.
Open space will be provided along the walking paths and detention areas. A park
site would serve both Del Webb and the traditional housing area and a school site
would also be included in the traditional portion.
Some of the Council members then expressed their opinions on the development.
Many were concerned about the density, small lot sizes and SSA's . On the positive
side, Council members felt there was a need to offer this type of housing and that
there would be a low impact on the schools. A visit to a Del Webb community was
suggested by Alderman Wolfer. It was noted that the age restriction would not be a
problem if it were included in the PUD. .
Lot sizes and density in the Shorewood community in comparison to the Yorkville
site were reviewed by Mr. Cudney. Mr. Besco suggested that the setback ordinance
might have to be changed to accommodate the small lot sizes. The Mayor said it
would be helpful to see a general layout of homes and green space.
Mr. Cudney's presentation concluded at 7:48pm.
(moved forward in agenda to Economic Development, item 92)
ECONOMIC DEVELOPMENT
Z Draft of the Appearance Code — EDC 5119105
Alderwoman Burd gave an overview of the Appearance Committee. She named the
committee members, some of whom attended this meeting: Bill Dettmer, Barry
Mayworm, Lane Neubauer and Richard Scheffrahn.
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Mr. Mayworm of Cardinal Homes thanked the Council for allowing input from
citizens and builders. He said he concentrated his input on homes and other
residential structures. Chairman of the committee, Richard Scheffrahn, said the
committee attempted to revise the wording of the ordinance to make it more clear,
yet allow flexibility. Ms. Burd commented that the main focus was to allow leeway
regarding facade material. Lane Neubauer of Lennar Chicago said he focused on
the monotony code and layout of the streets. Concern for pre- existing buildings
was expressed by Alderman Leslie.
There was further discussion and questions regarding this ordinance. This draft will
move forward to City Council on June 14th under EDC. Mr. Dettmer also requested
that the City send a letter to each committee participant to thank them for their time
and commitment.
DETAIL BOARD REPORT (BILL LIST):
The specific items below were discussed with the answer shown in italics:
Page 4: Chicago Tribune loan program notice. A notice in this paper was part of
the requirements of this program regarding the EPA.
Page 9: Streets -Grande Reserve. Money coming into the budget from the developer.
Page 11: Bristol Bay- setting up info for wetlands, some of fees are recapturable.
Page 13: IML- 2001 claim that had not been settled. Now settled in amount of
approximately $10, 000
Page 12: Nextel phones: New phone for new hires and some for replacements.
The bill list will move forward to City Council for consideration.
ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA:
Only two of the eight items on this list were discussed as follows:
7. Fox Industrial Park Project — WT Appropriation Resolution — PW 5123105
The expenses in this case were more than the amount from the MFT. Consequently
a resolution was needed for the difference in the money that was required.
8. Building Permit Reports for February, March and April 2005 — EDC 5119105
Alderwoman Spears requested more timely reports especially since new software is
being used now. She also questioned what was covered under "Miscellaneous ".
This could include fences, decks etc.
This will move to the consent agenda for City Council.
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MAYOR:
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1. Recommendation of Re Appointment of City Attorney, City Engineer, Director
of Public Works, Chief of Police and Building Code Official
Mayor Prochaska stated that he and the City Attorney both felt it would be wise to
proceed with the re- appointments until the ordinance is revised. The Attorney
added that this matter had been discussed at Administration the week before and a
recommendation had been made for the re- appointments. Mr. Wyeth said that two
positions not listed on this agenda were the Administrator and Library Director.
Neither of these are appointees by the Mayor or City Council according to the
Attorney. The Administrator position is contractual and is not covered under
ordinance.
Alderman James summarized the two actions suggested at Administration: 1) move
forward with the re- appointments and 2) revise the ordinances pertaining to these
matters. It was stated by Ms. Burd that the contract for the Administrator runs
through the Mayor's term. She added that the Council has recourse if they are not
comfortable with the Administrator.
Ms. Burd said that the City Attorney was appointed as interim and she asked for
information on the resume', the terms of the contract and the $9,500 annual stipend.
The code specifies this yearly fee. The Mayor added that Mr. Wyeth was the back -
up attorney to Mr. Kramer and there was no contract, but rather "terms ". This
matter will be reviewed by Administration members. Ms. Burd said this should all
be in writing. Mr. Wyeth will draft a letter of the "terms" in place when Attorney
Kramer was the City Attorney.
Mayor Prochaska recommended moving forward with the appointments at the next
City Council meeting. It was asked if there was a State Statute covering a time
frame for these appointments and if there was a liability to not move forward with
them. The Mayor asked each committee member their opinion on the appointments.
Mr. Wolfer, Mr. James, Ms. Ohare and Administrator Graff concurred with the
Mayor in moving forward. Alderwoman Spears said she was not comfortable with
going forward. Ms. Burd wished to go ahead with appointments, but had questions
for the City Attorney.
This item moves to the City Council agenda for consideration.
CITY ATTORNEY
1. Institutional Control Ordinance for Groundwater Protection — XPAC
The issue concerns property at the corner of Rt. 47 and Cannonball Trail currently
occupied by XPAC. They have been working with the EPA and now seek a City
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Ordinance to prohibit the groundwater as potable water. They would eventually
connect to the City water supply. Alderman Besco asked if there was any threat to
the City water and it was stated that there is not a danger.
This item moves to the consent agenda.
2. Countryside Interceptor Sanitary Sewer Easement
A sewer agreement will allow an extension of the sewer, east to the Hamman
property for the Pulte development at the present Hinsdale Nursery. This extension
follows an easement request by Mr. Hamman to assist him in selling his property.
Eventually the City will own the easement. Verbage will also be included in the
agreement to provide for construction and restoration.
This matter moves forward to the consent agenda.
ECONOMIC DEVELOPMENT COMMITTEE
1. Kendall County EDC Tax Abatement Program — EDC 2117105
Alderman Munns stated that EDC Director Lynn Dubajic was asked to find ways to
attract more industry, business and jobs. Ms. Dubajic said that the County had
approved a program to abate taxes for industry and targeted industries. She cited
the Lincoln Prairie Project as an example of an area where this abatement could be
offered.
She said the projects are scored on many different areas in order to qualify. A
minimum investment of $1.5 million is required from the business. The abatements
are 3, 4 or 5 years with graduated abatement percentages.
She did a study of surrounding counties for the program success rate and provided
spreadsheets of Will and Grundy counties showing results of abatement programs.
Ms. Dubajic added that the City's share of the real estate tax bill in such a project is
about 9 %. The school district would receive the largest portion. The County is
willing to take the lead in this program and host a meeting of the taxing bodies to
answer questions.
Alderman Munns said that it must be noted that most of the towns on the survey
were located along I -80, however, he added that Yorkville is close enough to reap
some benefits.
The Mayor asked the committee members if they approved of this program. All
agreed they were comfortable with the program. Alderwoman Spears suggested that
the City could formulate their own criteria/score sheet for this program and the
Mayor suggested it be reviewed by EDC. Trade show participation will be
enhanced with this program availability as well.
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Ms. Burd commented that such incentives send a good message to businesses and
will create more jobs. However, it was questioned by Alderman James what
existing businesses might receive. They are eligible for this program, according to
Ms. Dubajic, if a business wished to expand.
Ms. Spears read a brief statement of support from former Alderman Rich Sticka.
Ms. Dubajic was also complimented on her efforts in this matter.
In conclusion, the Mayor asked EDC to revise the criteria list and suggested the
ordinance approval be postponed until the list is finished.
3. Aspen Ridge Estates Preliminary Plan — EDC 5119105
David Meek, Attorney for Aspen Ridge (at Fox & Pavillion), said this plan has
already been presented to the Plan Commission where the plan was given a
favorable recommendation.
Mr. Meek said 218 units are slated for this site, with no requested variations and it is
not a PUD. There may be some engineering considerations to be addressed and he
said they might consider some monetary contributions.
He said there is consistency in zoning, however, slightly increased density at 1.72
units per acre. Mr. Meek added that design elements will hopefully justify this
density. In addition, they have provided money for infrastructure improvements
and a traffic study. Many other enhancements will be provided, one of which is a
trail that will be part of the main trail system. The Mayor then corrected Mr. Meek
by saying the development does meet the density requirements, however, it
approaches the maximum allowable.
Alderwoman Spears asked for an explanation of the "dormant SSA ". In this
situation, no special taxes are imposed unless the homeowners' association fails.
This matter will return to C.O.W., mostly likely late July, when the plan is
consistent with the agreement.
PUBLIC WORKS COMMITTEE:
1. Policy for City Engineer Authorization to Sign IDOT Highway Permits — PW
5123105
Attorney stated the IDOT is now requiring a signature on permits and Mr. Wywrot
is asking for authorization. Formerly the landowner would sign these permits. A
signature would be given only after a bond or letter of credit were received.
Alderwoman Burd asked if a written policy was needed. No policy is needed,
however, the City would pass a resolution in each case.
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The consensus of the committee was to grant this authorization to Mr. Wywrot.
2. Rob Roy Creek Interceptor Contract #1— Change order #3 — PW 5123105
Black dirt had to be trucked in to cover the pipe, thus the increased cost of the
contract. Alderwoman Ohare asked why this was not built into the cost since there
was no black dirt available at the site. Mr. Graff stated that many times this would
not be known until the work was underway. A time element was also involved.
This moves to City Council consent agenda.
3. Rob Roy Creek Interceptor Contract #2 — Change Order #1— PW 5123105
This involved 1200 feet of field tile needed to obtain the correct pitch and proper
water flow. This amount was $27,076 and will come from the Rob Roy Creek
Improvement Fund.
This item goes to City Council consent agenda.
4. Sidewalk Replacement Program — PW 5123105
This program had been put on hold, however, one resident asked for reimbursement
after having replaced his walk. As a result, citizens are now allowed to proceed
with replacements.
Item moves to consent agenda:
5. 2005 In -Town Drainage Improvement —Change Order #2 — PW 5/23/05
A sewer main had to be moved and a J.U.L.I.E. locate had been completed.
However, a gas main was in a location not previously identified and later had to be
moved.
This moves to consent agenda.
6. Route 47 Improvements — Non - Participating Items and Other Design Issues —
PW 5/23/05
City Engineer Joe Wywrot submitted a list of items that will not be paid for by
IDOT during the Route 47 improvements including water mains, sewers, sidewalks
etc. This list was given as information at this time and Alderwoman Ohare
suggested these items should be prioritized. There was a discussion of the slope on
Rt. 47 north of Fox Road and about the houses that would be removed from the hill
during the road improvements.
Administrator Graff said a timeline would be needed when the plan is approved and
suggested that this process should begin at next budget time. In addition, Mayor
Prochaska suggested working with Public Works and possibly the grant - writer.
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7. Wetland Design Proposal for Bristol Bay Master Plan Community — PW
5123105
Administrator Graff said two items have been discussed in regards to this
development: 1) selection of an engineer and 2) funding. B3 Engineering will be
doing the wetland design for Centex and Centex agreed to pay for those services as
part of the stormwater management in this 1900 -acre area. He said the contract
should come through the City so that the scope of work can be controlled. A recent
project that B3 Engineering completed was the outlet mall wetland area.
A possible grant for this project is being researched, however, a plan is needed
before a grant would be awarded. This item would be approved subject to
receiving funds from Centex.
This moves to the consent agenda with the verbage "subject to receiving funds ".
8. Southwest Interceptor —Illinois RailNet License Agreement —COW 5117105,
COW 513105 and PW 4125105
Alderman Besco reported a one -time payment would be made to Illinois Railnet to
be able to construct a sewer line along Hydraulic Street. This received a positive
recommendation from Public Works. Ms. Spears asked about the possibility of
getting money from the Sanitary District to assist in the construction. Mr. Graff
will ask Mr. Wywrot about this possibility.
This item will move to City Council agenda under Public Works.
CITY COUNCIL REOUESTS:
1. Draft Ordinance Establishing Committees of the City Council —COW 5117105
Prior to the beginning of discussion, Alderwoman Ohare asked that in the future, the
person requesting items on the agenda, should be identified on the agenda so that
questions can be asked prior to a meeting
Alderman Besco handed out a draft of an ordinance regarding City Council
committee structures. This ordinance is based on an example from Batavia and
suggested that chairmanships be based on seniority. Alderman Leslie commented
that seniority does not necessarily make one competent. Another suggestion was to
allow committee members to select a chairman and that the Mayor would make the
determination in case of a tie.
Alderwoman Burd asked the Mayor what criteria he looked at to select
chairpersons. He replied that he looked for a person who would work with him,
people who can work with the staff, time commitments, expertise in a given area
and many other factors. This year he said he asked committee members to put in
writing, their time commitments and written priorities.
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Alderwoman Burd said she thought this ordinance would not allow the Mayor to
make decisions arbitrarily or "remove four aldermen from their positions" without
any debate. She further stated that she did not know why she was removed from a
certain position. Alderwoman Spears commented that she [Ms. Spears] was
removed from a position due to a lack of communication with the City
Administrator, questioning City expenses and other expenditures. Alderman James
summarized these actions and said that when there are conflicts, changes must be
made.
Ms. Ohare asked why this issue was not brought up before the election and before
committees were selected. Alderman Besco replied that he raised this issue since
there is no written policy. However, Ms. Burd said she conducted some research
after being removed from a committee. She also stated that she had questioned the
City Attorney as to whether or not the Mayor had the power to remove committee
members. She stated that she found that power rests with the City Council.
A second issue in this document provided the ability to bring back to committee,
any item that had been killed at the committee level.
After a lengthy discussion, the Mayor asked if the committee members would like to
bring this matter back. A majority of those present desired to bring this matter back
for additional discussion.
Mayor Prochaska then commented on this proposal. He said that he feels he makes
decisions with the City's best interest in mind. The Mayor said he could agree to
Council member making committee recommendations, but would like some rules on
selecting chairpersons. And finally, he felt each alderman should have the same
vote, not weighted votes as suggested earlier.
Input on this suggested ordinance, was requested by Alderman Besco.
This will be brought back to C.O.W.
2. Draft Ordinance Authorizing the City Council to Retain Independent
Legislative Counsel — COW 5117105
Alderwoman Burd asked the Council members to consider hiring a firm qualified in
municipal law. She suggested this would be beneficial in areas she felt were weak.
Alderman James asked how the use would be controlled and Alderman Leslie said
he felt this would undermine the current Attorney's authority. He compared it to
having two coaches, two cooks, etc. Alderman Wolfer and James agreed and asked
how a situation would be resolved if two different legal opinions were presented.
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It was noted that the City does use other counsel, such as a labor attorney, in certain
instances or when the City Council deems it necessary.
Alderwoman Spears cited issues that she felt were ignored in the past. One of those
items cited was submitting Treasurer reports on a timely basis. She said she had
raised this issue twice before.
Attorney Wyeth was then asked his opinion on this matter. He stated that he serves
the people of the City and that he looks to the Mayor on how to proceed. He said
he would seek other counsel when necessary and has a municipal attorney available
in Naperville for free municipal advice.
At the conclusion of this discussion, Mayor Prochaska took an informal poll of
Council members if this matter should be brought back to C.O.W.
The majority was in favor of returning this item to a future C.O.W.
ADDITIONAL BUSINESS:
Alderwoman Spears questioned why the Community Development Director Job
Description was not on this agenda. It is being discussed in Administration.
Alderman Munns stated a resident had taken a group of boys to play baseball at a
City park and they were asked to leave by a Park District employee. At that time,
the field had been prepared for an upcoming event. He felt the group should have
been allowed use of the field.
Alderwoman Spears asked if information regarding ponds and pool was to be
published in the newsletter prior to summer. It was thought that this had been done.
Additional parking spots were marked at Fox Hill, however, Alderwoman Ohare
was under the impression that additional spots would be marked in the next block.
Administrator Graff will research this question.
There was no additional business. Mayor Prochaska then asked for a motion to
enter into Executive Session. Joe Besco and Paul James moved and seconded to
enter into this Session. The Mayor asked the City Administrator, City Attorney and
Minute Taker to be present.
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At the close of the two Executive Sessions, Paul James and Dean Wolfer moved and
seconded to go out of Executive Session. Roll call was taken on this motion and it
passed unanimously.
The meeting was adjourned at 11:43pm
Minutes respectfully submitted by
Minute Taker, Marlys Young
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