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COW Minutes 2005 04-06-05 Page 1 of 11 APPROVED 6/15/2005 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE MEETING Wednesday, April 6, 2005 7:00 PM City Conference Room City Staff Present: Mayor Art Prochaska Police Chief Harold Martin City Attorney, John Wyeth Alderwoman Ohare Alderwoman Spears Alderman Munns Alderman Sticka Alderman Kot (arrived 7:30) Parks & Rec Director Laura Brown City Treasurer Bill Powell (arrived 7:10) City Administrator Tony Graff Guests signed in: Cindy Wolfer Dean E Wolfer Merida Marshall Roy Kauffman Donn H Marshall Larry Stellman Mari Stellman Allecia Vermillion Terry VanCurn Brian Sygnator Chuck Brooks Fred Dusell Gary Golinski Tony Scott Tim Winter Brian Henricks Dana Jones Alice May Matt Cudney Eric Jostale Michelle Nicholson Dean Leffelman Donna Melchert Nora Kammer Nicole Grundwald Christopher Kopecky John Whitehouse Jeff Freeman Kelly Knierim Lynn Dubajic Jason Leslie Kevin Stought Mayor Prochaska called the meeting to order at 7:00pm. He requested to start with EDC item #9, but due to Alderman Kot having not yet arrived, they will hold off on that discussion. Public Hearine: none Presentations: none Detail Board Report Bill List): Alderwoman Spears stated she had questions for Tracy Pleckham on some items, but had not yet heard back from her. Mr. John Wyeth stated he went over those questions with her and there was a list of replies for her. The Committee 1 Page 2ofII would go over those answers when Mr. Graff returned to the meeting this evening with the list. Mavor: 1. City Engineer Vehicle Agreement: Mayor Prochaska stated to the Committee that the agreement before them was the agreement for Mr. Joe Wywrot to surrender use of the City vehicle that was originally agreed for use when he started working with the City. In this agreement it shows the compensation that will be added to his base salary for the loss of the use of the vehicle from the City. The Committee had no questions and agreed to move this forward to City Council as consent agenda. Detail Board Report (Bill List): Mr. Graff returned to the meeting with the list of replies provided for Alderwoman Spears as earlier discussed. The Committee went over the list together. • Page 2, 01 Bldg/Zone -BKFD Deed -It was requested that Tony have A/R be put on there as this will be charged back to Menards to be paid. • It was requested that any of the legal questions be discussed with Mr. Wyeth in private if the Council Members needed. • Page 6, 01 ARO -Post Office Building -This is work that Mr. Kramer has done for the City and is a bill from that office. • Page 10, 1 St two items, there was a question if this could have been done in house, the reply was no. • Page 12, last two items, there was a question if these bales of straw were purchased from an employee's farm, the reply was that this was not from the employee just extended family of that employee who's farm had what the City needed. • Page 14, in petty cash, item 05 Admin - coffee, donuts & juice -There was a question of why the City was paying for these items for an IDOT meeting. The reply was that Mr. Graff did speak at this meeting and it is something the City supplies for lengthy events like this. • Page 25, last item, it was requested that Center Ave be correctly entered as Center Parkway. • Page 29, under Jewel -Osco, there was a question as to why the City was supplying items under 02, 03, and 04. The reply was that the City does supply coffee and basic cleaning products to keep the office running with the guests and visitors it has. • Page 30, under Kendall County Health, it was questioned if the Hepatitis B vaccines and/or tetanus immunizations were required for any of the City positions, the reply was yes, in public works it is required for some positions for what they work with on a daily basis. • Page 32, last item, it was pointed out that there is no line item for the employment screening services done by Lexisnexis Peoplewise. It was stated that this was a background check requested to be done by the Police Department before any new employee had access to there computer systems. 2 Page 3 of 11 • Page 39 & 40, it was questioned if the City was overpaying on the Nextel and Nicor Bills. The reply was that these were credits to the City over any over billing those two companies had previously charged the City. • Page 47, 1" item, It was requested that North Star be changed to Nortel for the use of the correct name. • Page 56, Thompson Appraisals, the funds for the Land Cash Study came out of Bldg/Zone not Parks due to work on all departments. • Page 60, John Wyeth, any questions from billing from his office once again was directed to be spoken directly with him due to legal issues. Lastly, it was requested by Alderwoman Spears that all Council members receive a chart of accounts for reference be put in there mailboxes. The Committee agreed to move the Detail Board Report on to City Council. Mavor: 2. School District 115 Request to Waive Water Tap on Fee for Grande Reserve Grade School: The School District has requested that the water tap on fee for Grande Reserve Grade School be waived. Mayor Prochaska recommended that the fee be waived and the Committee agreed that it be stated that it will be stated that any out of pocket costs be waived. This will move on to City Council with new language in agreement. 3. EEI Scope of Service for Design and Construction Engineering Services for the Raymond Regional Stormwater Management Facility: Mayor Prochaska stated that Mr. Jeff Freeman with EEI was here to present this item. Mr. Freeman stated that Mr. John Whitehouse was the primary author working on this item and would like him to speak on behalf of EEI. Mr. Whitehouse went over the proposal for professional services that was in front of the Committee members. Alderman Sticka questioned where the funding for this work was to come from. Mayor Prochaska stated that typically the funding would be pulled from developers coming into the area. Mr. Sticka also questioned then if the City needs to start budgeting for the work to begin. Mayor Prochaska stated that they could begin budgeting out of revenue and expense. Mr. Whitehouse stated that 1 /2 of the total amount of the project cost would be needed to cover the cost up to construction time. Mr. Wyeth stated that they could write into the agreement that this work would be subject to funds to be received from developers like the City has done with other previous projects. The Committee discussed that the developers would have to be responsible for the entire cost of this project and all agreed to move this item on to City Council with language written in that this is only to move forward subject to receiving funding. 3 Page 4 of 11 4. EEI Scope of Service for Design and Construction Engineering Services for the Raymond Storm Sewer Outfall: Mr. Whitehouse again represented EEI on discussion on this item. This work would be connected to that mentioned in item Mayor #3. This work would be essential improvement needed to allow outlet in tile system. Mr. Whitehouse went over the proposal for professional services with the Committee for this work needed. Mr. Whitehouse stated that the design phase would be $44,000 and the construction phase would be $35,000. Mayor Prochaska recommended that this be worded the same as item #3, being that this work will move forward subject to receiving funding. The Committee agreed to move this on to City Council with stating subject to receiving funds. Economic Development Committee: 9. EEI Professional Engineering Services Proposal for Feasibility Study of a Western Roadway Corridor and Fox River Crossing, IL Route 71 to Base Line Road: (Due to the amount of public that have attended this evening's meeting to discuss this item, the Mayor chose to move on to this item from EDC first.) Mr. Whitehouse again spoke on behalf of EEI for this item as well. He went over with those present as to where the Study would cover and what items EEI would be looking into and how they would come up with their facts and figures. The City asked EEI to present a proposal for the entire area running north/south from Baseline Road to Route 71. He went on to explain some of the similarities between this study and the Fox Road Study. The main reason this is being done is to ease traffic in the area with a new north/south corridor. He stated that previously the corridor showed up in the City's overall plan and this Study will include such things as intersection planning, etc. to help with future development. Mayor Prochaska stated that feasibility will decided yes or no to this ultimately being done, which is why the City has requested the Study. If it is feasible, this corridor will definitely help with traffic. This will give ideas for future planning, so that the City can make sure enough funding will be coming in from developers and guide them where and what to build. Yorkville has no funds to neither build a bridge now, nor will they have any funds for a bridge in the near future, yet it would be smart for the City to plan a for a future river crossing. Alderman Sticka stated that Sugar Grove has approved planning and obligated developers there to do their part of the corridor; this is Yorkville's chance to plan to have that extend south for easement of the traffic in this area as well. Mr. Sticka also suggested that this corridor be restricted to use of automobiles only, to keep from the truck congestion tearing up the roadway as well. Alderman Munns stated he is concerned that there will be too many outlets onto Route 34 with some of these roads happening, which will then cause even more congestion. Mayor Prochaska stated that IDOT does have spacing 4 Page 5 of 11 restrictions onto these main highways and that is what will be looked into. Mr. Munns stated he is concerned that the residents residing in Fox Hill Subdivision would not be able to get out onto Route 34 with this corridor going in. Alderman Sticka stated that the City not taking advantage of planning to join up with the corridor Sugar Grove is planning would be a big mistake on the City's part. Mr. Whitehouse stated that the study will look into other interconnections to alleviate some of the resident's and Council's concerns. Mayor Prochaska stated that communities to the North of Yorkville are dealing with a lot of issues now because they did not deal with these issues at the proper time, before development took over. Doing the study now will help with not having to later on displacing homeowners to make way for a roadway to go in that wasn't planned on at the proper time. Mr. Whitehouse stated that as part of the study they do plan on having public information meetings to see what concerns are in certain areas. Alderwoman Spears questioned when the City requested this Study; she recalls this never being spoke of at any EDC meeting. Mayor Prochaska stated that he requested this as part of the Comprehensive Plan. He went on to state that when the Comprehensive was completed the City would revisit this issue. Now they are at the step to do the feasibility plan for this to be done. Alderwoman Spears stated that she recalls that she, Alderman Munns and Alderwoman Burd asked that this be taken off of the comprehensive plan at that time. Alderman Sticka stated that this was never discussed at EDC, but for the agenda tonight, it was the proper place to put this for discussion. Alderwoman Spears then went onto question if the City is going to look into restricting truck traffic, wouldn't this later result in the City losing out in MFT funding. Alderman Sticka replied that it would limit that funding, but is a trade off. Mayor Prochaska stated that the State would determine that when the time came. Alderman Sticka pointed out that a road without truck traffic does last considerably longer as well. Alderwoman Spears questioned if the City would be displacing homeowners. She stated that when they did the original study, there would be homeowners displaced. Mayor Prochaska replied that is the reason for doing the study to find out the possibilities. She does not want to move forward if there are homeowners being out of a home. Alderman Sticka stated that in the original study, the only thing that was found is that there was a feasibility study needed to be done, there are still lots open on River Road where a road could cross without displacing homeowners. Alderwoman Spears questioned what funding was needed for the Countryside feasibility study compared to this one. Mayor Prochaska and John Whitehouse discussed with her the differences between the studies and what is 5 Page 6 of 11 involved with this study. She requested a copy of the Countryside feasibility study to look over. The Committee discussed if the funding would come from Developers, it will and where that funding comes from and the fact that these funds are already received for projects such as this one. Alderwoman Ohare stated that this is a study to look into something the citizens have requested. The Committee also discussed the benefits and disadvantages of a corridor and/or bridge going in where the City is looking to do the Study. Alderman Kot stated he was all for planning ahead before the development goes in and causes more congestion. He added that last year when this idea was brought up, many residents expressed that they did not want to see this move forward, but he would like to hear from the residents again to see what they feel now. He suggested that the residents could form a citizens group as well to work with EEI on this Study. The Committee agreed with Mr. Whitehouse that the public speakings will be a great benefit to hear what the resident's needs and concerns are. At this time, Mayor Prochaska opened the meeting to hear from the public that have attended to speak on this item. Mr. Fred DuSell from Yorkville stated to the Committee that he feels that we are revisiting this more than we need to. The first issue that came up was under the table in the way it was presented to the residents of Yorkville. It was offered to a professional group without a competitive bid and that's why they resented that. Secondly, it was put into a place where it will affect homeowners on a very detrimental basis, taking out trees and affecting their property values. He stated there are other alternatives involved and that is why there is so much argument here and he does not see any resolve to these. He questioned if the City has studied going into Pavillion Road going from a north axis off of Beecher Road, with less properties involved. He stated lastly that he is asking why affect property owners when they can look 1 &1/2 west of Route 47. Mayor Prochaska stated that Eldamain Road connecting to Pavillion is already being looked into; this study in question tonight is for future planning. He went on to state that the City should have built the road where the right of way stands now so the people moving into the subdivision in Fox Hill would have clearly known this was in the plans. Nicole Grunwald a resident on Red horse Lane in Yorkville stated that they were not informed of this and would not have bought these lots had they known about this future road. She questioned why the road wasn't put in or the study done before the development went in at Fox Hill. She feels that they are now in these homes and can't sell due to the possibility of this corridor going in so close to their homes. 6 Page 7 of 11 Alice May a resident on River Road, stated that from Route 47 to Eldamain is 1& V2 miles, and along that route there is only a very short distance of land without houses presently built. If that space does not work, there will be homeowners displaced. She stated that Ron Reem, the president of the River Road Homeowners association, asked her to question this evening the reason why would there have to be another bridge between Route 47 and Eldamain Roads. Mayor Prochaska stated that this is planning for the way future when the City of Yorkville has massive growth and it is needed. She went on to state that her dream is to hand this house on River Road down to her children. Mayor Prochaska stated that he is not sure if that would be an issue for her. Dana Jones, a resident, stated to the Committee that she understands the feasibility study. One of the considerations that they are asking is that they look at moving it to the other side of the tree line. The other concern that she has is where Kelly Avenue connects to the right away now will eventually become a turn in and anyone who does come over the bridge will see that as a way around Fox Road and drive right through their subdivision past the parks. Mayor Prochaska replied that these are things that can be designed to the road to limit this from happening. Alderwoman Spears questioned if going east of the tree line would be included in this proposed study as Dana Jones has suggested. Mayor Prochaska replied that it is included. Brian Sygnator stated he lives one block off the tree line being discussed. He stated that he is hearing through conversation that no one is against the growth and improvement for the roadways, but certain standards should be put in place (easements, set - backs, etc.) before being considered. Mayor Prochaska stated those standards are in place in the City already such as buffers, 50 -100 foot set - backs. Mr. Sygnator agrees that planning is needed for an alternative route to Route 47. Ron Clear from Greenbriar Subdivision stated that his concern is when he looked at the map in the City office that this is going to dump traffic into his subdivision. Mayor Prochaska stated that is the map from the old Comprehensive Plan. They discussed how this route would cut next to Greenbriar Subdivision, which will all be looked at in the study on how to set this up. Mr. Clear asked why they couldn't just use Pavillion Road since it is already there. Mayor Prochaska reminded him that Pavillion Road lines up with Eldamain which is already being planned for a river crossing. The City is now looking for an alternative crossing besides that one. Nora Kemmer from 42 Kelly, stated to the Committee that it is most alarming and much anticipated that a truck route will be going in next to their homes. Mayor Prochaska stated that it would make no sense for the City to plan a truck route in that area when the comprehensive plan already shows there is no need for that there. 7 Page 8 of 11 The Committee finished up discussion with those that spoke above and reminded that this is just a study to be done. With the residents to be involved, they can work with the City to share there concerns and expectations. This will move on to City Council subject to funding with revenue pending available funds. 1. Prairie Gardens PUD Amendment — CC Public Hearing 3/22/05: Thomas Grant stated to the Committee that the building on lot #1 is already built. This is at COW since it is a PUD amendment. There was no discussion at the public hearing. The Committee agreed to send this to City Council as consent agenda. 2. Bristol Bay Annexation Agreement — CC Public Hearing 2/22/05 a. Preliminary Plan — Plan Comm 3/23/05: Kevin Stough with Centex Homes went over the corrections to the annexation agreement that were made according to what the City Staff and Council members had suggested previously. He also provided Architectural Boards to show the Committee members what the housing would look like. The Committee members expressed the following concerns: • Do not like single car garages, no room for 2 cars in drives which causes too much parking in the roadways. • Concerned the off street parking for the residents may be too far away from the homes that they would not be used and still cause congestion on the roadways. • Why did the developer feel the need to add more units- concerns in plan stating can add more units as needed without City approval? (Mr. Wyeth explained reasoning behind this, wording should be adjusted.) • Committee pointed out various wording issues that needed to be changed. • Mr. Stough stated that they as the developer can not meet some of the dates in the plan either and those will be adjusted before coming back before the City. • The Committee agreed they did not like the fact that throughout the agreement where it says `at the sole cost of the City'. That will be changed accordingly as specified. The Committee discussed the above items with Mr. Stough and agreed to change wording according to the Council's wishes. This will come back with corrected language and a better form to a future COW. 5. PC 2005 -07 — 55 Riverside Street — I Mile Review — EDC 3/17/05: The Committee discussed that this meets City and County requirements for splitting 1 lot into 2 lots. There were no concerns with this item and it will move onto City Council on 4/12/05. 8 Page 9 of 11 4. Swanson Lane Estates — Annexation Agreement and Preliminary Plan: Chris Lebecke with Swanson Lane Estates discussed the plan before the Committee and made references to Homeowner's items and Mr. Wywrot's suggestions. Mr. Wyeth made suggestions as well. This will move on to City Council for 4/12/05. 8. PC 2005 -06 Grande Reserve Unit 7 Lot 3011— Resubdivision — Plan Comm 3/23/05: The Committee discussed that this lot needs to be resubdivided by May 1, 2005 in order for the land to be dedicated to the school. There were no questions on this item and was moved forward to City Council by 4/12/05. 3. Autumn Creek Annexation and Planned Unit Development Agreement — COW 12/7/04,12/21/04, and 3/15/05: Mr. Graff stated that this is back due to changes in funding and fees from the reduction of lots that will be developed. On page 9, there was concern with the # of months needed was not filled in and Mr. Graff stated that 24 months would be enough time to put in there. Mr. Cudney stated that % is normally filled in by the City Engineer, which is why they are still blank as well. Mr. Wyeth will make sure the blanks are filled in for this agreement and the Committee agreed to move this forward to City Council for consideration. 6. PC 2005 -11 Countryside Pump Station — Rezoning and Special Use — Plan Comm 3/23/05 & 7. PC 2005 -12 Bruell Street Pump Station — Rezoning and Special Use — Plan Comm 3/23/05: John Wyeth stated to the Committee that these both went through Plan Comm and were necessary to be done. The Committee had no questions and moved on to City Council for consideration. Park Board: 1. Park, Gazebo, Shelter Reservation Policy Update — PKBD 3/28/05: Laura Brown presented the revised policy to the Committee. Mr. Wyeth stated he found some wording he would like changed in the policy and has that noted to be done. Laura discussed with the Committee some of the changes that have occurred from the previous policy on hand. The Committee requested for some more changes to be made as well. They are as follows: • Language that the City has a right to review all applications and make changes when safety is in question. • The cost of residents to use the City shelter seemed high; Laura will look at lowering those costs for residents in categories A, B, and C. • Petting Zoos - Language for keeping the City to not be held liable in the policy. These changes will be made according and this item will come back to a future COW with the corrections made. 0 Page 10 of 11 Public Works Committee: Items 1 -11 are proposed Consent Agenda items per Chairman Besco: The Committee agreed to keep as consent agenda and move on to City Council as consent agenda. 12. Fox Hill Mowing and Maintenance — Results of Bid Opening — PW 3/28/05: Mr. Dhuse will need to be contacted to confirm that English and Sons Landscaping do meet all of the qualifications. If they do, since they are the lowest bidder they will be awarded the bid. This will move on to City Council as consent agenda with this information being made available at that time. 13. Reserve at the Fox — Construction Guarantee — PW 3/28/05: Mr. Wyeth did look this over with Mr. Joe Wywrot and every thing looked good. The Committee had no questions on this item, so this will move on to City Council as consent agenda. 14. Cannonball Estates Phase 2 — Letter of Credit Reduction #4 — PW 3/28/05 & 15. Cannonball Estates Phase 1— Letter of Credit Reduction #5 — PW 3/28/05: The Committee discussed if these letter of credit reductions should be passed through since the developer in question is not getting work done on a timely basis as well as the City has been waiting 2 -3 years for the punch list work to be completed. Mr. Wyeth stated to the Committee that he feels there is enough work undone to withhold the funds requested in the letter of credit reductions. The Committee agreed to not move this forward and will be in touch with the developer. 16. 500,000 Gallon Water Tower Painting — Results of Bid Opening — PW 3/28/05: Mr. Wywrot is recommending the bid be awarded to the second lowest bidder due to lack of proof of documents of experience needed to work for the City. Mr. Wyeth agreed that there is a lack of proof here and is also recommending awarding the bid to the second lowest bidder which is Maxcor, Inc. in the amount of $193,000.00. This will move on to City Council as consent agenda. 17.2005 In -Town Drainage Projects — Results of Bid Opening — PW 3/28/05: Mr. Wywrot and Smith Engineering have both looked over the bid for this project and find that the bid should be awarded to the lowest bidder who is R.A. Ubert Construction Co. in the amount of $921,017.00 subject to the City having sufficient budget for the project. The Committee had no questions on this item and was moved on to City Council as consent agenda. 18. Aux Sable Creek —100 Year Storm Release Rate Modifications of 2 Year & 25 Year Release Rates — PW 3/28/05: Mr. Graff stated that the date was altered to make the release slower. The standard will be changed for Aux Sable Creek. With the wording cleaned up per Mr. Wyeth, this will come back to 5/3/05 COW. 10 Page 11 of 11 19. Proposed New Hire for FY 05/06 — Maintenance Worker II (Julie locator) — PW 3/28/05: It was asked of the Committee to allow for Mr. Dhuse to go ahead with starting to advertise for this position to be filled while being subject to budget approval. The Committee had no problem allowing this to work this way and moved this forward to City Council as consent agenda being subject to budget approval. Public Safetv Committee: 1. No Report Administration Committee: 1. YBSD Intergovernmental Agreement — Admin 3/3/05: Kelly Kramer is working on this item and should be working on a draft. The Council members will receive the draft in their mailboxes and this will move on to City Council for consideration after they receive their drafts. Executive Session: This item was tabled until a new meeting set after the next City Council meeting. Additional Business: • Alderman Munns pointed out that the baseball sign in Fox Hill subdivision is still up and should be taken down. Laura Brown stated that Scott was told to have down by Monday. She will keep working on this issue until it is completed. • Alderman Munns asked Mr. Graff if he was still getting him the information he requested on some PW issues. Mr. Graff will get that to him. • Alderwoman Spears stated that the lights are out again in the Countryside Parking Lot. Mayor Prochaska stated that Harold Oliver was planning on turning off the lights on the west side of the lot. She expressed her concern with no lights there and people still using it. Mr. Graff will speak with him regarding putting up a fence in the area that will have no lighting for the safety of people. • Alderwoman Spears stated that she had received letters regarding construction traffic on Spring Street. The letter stated that the majority of the construction is finished and they are looking to continue in the process. This will be looked into further and go to Public Works for further discussion. • Alderwoman Spears stated that she is receiving many calls questioning the placement of campaign signs in the right of way at intersections. The Committee discussed this and it is `Freedom of Speech' and any one has the right to put up or take away these signs. Mr. Wyeth agreed the best answer would be that it is a freedom of speech issue and the City would rather not find itself on the wrong side of a debate. The meeting was adjourned at 11:23pm. 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