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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. i Page 2 of 11 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. Page 3 of 11 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. Page 4 of 11 MAYOR: I 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 Page 5of11 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. Page 6of11 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. Page 7 of 11 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. Page 8of11 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. Page 9 of 11 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. Page 10 of 11 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. Page 11 of 11 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 i I II i I PLEASE SIGN IN MEETING: DATE: - 7-a5 NAME BUSINESS PHONE # e �Dca n Aj# W l4 e, , 1 -3583 B - 7 �L ��4 (o 0 4�- !�- M!� /' -� 'c":,��� °� f� ✓?x��1/�� ���d,�r l�rt.� �' fA'`- �iIJG' r n�,