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COW Minutes 2005 03-01-05 Page 1 of 7 APPROVED 04/26/051 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE City Conference Room Tuesday, March 1, 2005 - 7:00 p.m. In Attendance: Citv Art Prochaska — Mayor Harold Martin — Chief of Police Valerie Burd - Alderwoman Tony Graff — City Administrator (7:45pm) Marty Munns - Alderman John Wyeth — City Attorney Wanda Ohare - Alderwoman Traci Pleckham — City Finance Director Richard Sticka — Alderman Bill Powell — City Treasurer Rose Spears - Alderwoman Anna Kurtzmann - ICCI Joe Besco - Alderman Laura Brown — Exec. Director Parks & Recreation I Guests Kathy Farren — Kendall County Record Lynn Dubajic — YEDC Kelly Kramer — Attorney Harold Oliver - HRM Properties Jeffrey Warren — Burke, Warren et. al Kathleen Field Orr - Attorney for Tri -Land Properties Chuck Brooks Hugh Robinson — Tri Land Properties Allecia Vermillion — The Beacon News Dean Wolfer The meeting was called to order at 7:00pm by Mayor Art Prochaska. The Mayor noted that the scheduled Executive Session would be postponed until next Tuesday. PUBLIC HEARING: None PRESENTATIONS: 1. TIFDevelopment Agreement Final Draft and Executive Summary The Mayor stated that Kathleen Field Orr and Hugh Robinson were in attendance regarding this TIF. Ms. Orr summarized the steps for demolition of Countryside Center: 1. The City of Yorkville will issue bonds 2. Within 30 days the developer must acquire title to the property 3. When title is acquired, demolition must begin 4. Upon completion of demolition, $500,000 will be given to the owner for site improvement Page 2 of 7 5. Money in amount of $2.5 million is not given to developer until developer has "big box" retailer secured or sufficient rentals so that sales taxes will be generated to pay off bonds 6. Developer has 24 months to complete steps above 7. If completed in 24 months, the City agrees to a second note worth $2.2 million, not payable until debt service is paid each year 8. If steps not completed in 24 months, $2.2 million note will be reduced by $15,000 a month 9. If developer does not have "big box" retailer at the end of 36 months, the deal is void 10. The City of Yorkville would then take the proceeds not distributed and pay back the bonds Ms. Orr said that this procedure would ensure that the City of Yorkville money is protected and she recommended the agreement as presented. She felt these terms should provide incentive for the developer to proceed. She then opened the floor to questions. Mayor Prochaska suggested a "rider" on the property in the event the $2.5 million bond has already been given to the developer and the property went into bankruptcy or was sold. Ms. Orr explained that a "rider" could not be placed on the property because the bond is income -tax exempt. Treasurer Bill Powell asked for an explanation of the incremental taxes and how they apply and relate to this project. Ms. Orr said the "incremental sales taxes" are the sales tax that will be generated and "incremental taxes" are the real estate portion of the taxes. "Excess" taxes means that incremental taxes and incremental sales tax will be used to pay off the debt service. The "excess" after that payment is made is used for paying off the $2.2 million dollar note. Alderman Ohare asked for a timeline on the next steps to be taken. Ms. Orr has given the ordinance to Mr. Graff and this matter will proceed to the City Council meeting next week. It will be placed on the "Mayor's Report" for further comments. Alderman Besco noted that the Agreement notary signature area says "Cook County ", however, Attorney Warren said that the Tri -Land office is located in Cook County so this would be proper. This matter moves to City Council next week for consideration. The next step will be the sale of the bonds. DETAIL BOARD REPORT BILL LIST): Ms. Ohare inquired about the Northwood University charges on page 22. This charge is for tuition for a police employee. This moves to City Council. Page 3 of 7 ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA:, 1. Police Reports for January 2005 —PS 2110105 Z Building Permit Reports for January 2005 — EDC 2117105 Both of these items move to the City Council consent agenda. MAYOR: 1. Schoppe Scope of Service for Northwest Land Use Plan Map Revision Z %nicek Family/Rosenwinkel Family/Nelson Family/Ilageman Family Properties Mayor Prochaska said the above two items were related items and could be considered in the same discussion. Ms. Ohare questioned the "reimbursible printing expenses " -- $2,000 for printing and courier services, in Mr. Schoppe's proposal letter. Clarification was requested on this amount. Ms. Burd added that perhaps the hourly rate should be detailed in the proposal. Attorney Kelly Kramer spoke at this time on behalf of the families noted in item #2. She stated that the families were aware of and approved the hourly rate. Ms. Kramer noted that the families were willing to advance the funds needed for the work to be completed and that these funds possibly could be credited towards future annexation fees. It was stressed that the Council does not need to approve this request. The Mayor recommended approval of the work subject to receiving funds and that this item could go on the consent agenda under the Mayor's report with all the aspects clearly stated, in a resolution. Ms. Kramer pointed out that five other families had been spoken with, however, they are not willing to front -fund at this time. One additional family, the Gary Bennett family, has agreed to the work and front - funding. 3. TIFBond Ordinance Update Ms. Pleckham said that she had just received the draft of the bond ordinance and will prepare them for the packets for next week at the City Council meeting. This matter will move to the next City Council meeting for approval. 4. Letter of Request for Renewal for YEDC A letter had been received from the YEDC asking the City to renew their membership for three more years. Mayor Prochaska pointed out that many new businesses had been attracted to the community and that training had been provided as well. The renewal fee is $45,000 and the Mayor recommended renewal. Page 4 of 7 Alderwoman Spears asked if the City could renew for two years since new aldermen would be coming on board, however, the Mayor said that the by -laws required a 3- year commitment. Alderman Sticka expressed the view that it is important for the City to invest in itself and the Mayor added that the City saves money since the City benefits from the YEDC efforts without having to hire an extra person. Currently there are approximately 164 members according to Ms. Dubajic, Executive Director of the YEDC. The Mayor recommended placing this item on the "Mayor's Report" on the agenda for the City Council meeting next week. CITY ATTORNEY: 1. Water Use Ordinance Amendments — IEPA Public Water Supply (Radium Compliance) Attorney Wyeth reported that the IEPA will require certain language in the Water Works Ordinance that was dated 1974. He said that the ordinance is being re- written by Attorney Kramer's office. Since it is not yet completed, and to be able to apply for the loan in a timely manner, it was decided to amend the 1974 ordinance as an interim solution in order to complete the loan process. The completed ordinance is expected -in 4 -8 weeks. The Mayor said this will item will be moved to the next City Council meeting under Attorney's report on the consent agenda. ECONOMIC DEVELOPMENT COMMITTEE: 1. Enabling Ordinance for Prairie Meadows Backup SSA This ordinance was drafted as a backup to the SSA for this development, in the event the homeowner's association would fail. The ordinance would provide for maintenance work on signage, landscaping, etc. This moves to the consent agenda for City Council. 2. Bristol Kendall Fire Department Request for Fee Consideration for Permit/Reviews for Building Their New Station — EDC 2117105 A letter from BKFD had been written to Administrator Graff asking for: a. separate connection for filling water tanks b. request for 3 parking spots in front of new station c. waiver of building permit and related fees After a brief discussion, it was decided that a letter from ICCI regarding setbacks was needed and also one from the Building Department waiving all non out -of- pocket fees. This moves to the consent agenda. Page 5 of 7 3. Intergovernmental Agreement Between Kendall County and the City for County Road Fee — EDC 2117105 Alderman Sticka expressed concern regarding the legality of having developers pay for road improvements not associated with their developments and the fact that there is no guarantee that the money will be spent near Yorkville. It was suggested by Attorney Wyeth that details need to be solidified regarding the usage of the funds. Mayor Prochaska added that he did not know if any other communities were collecting money towards this project. Administrator Graff will ascertain if other towns concur with this agreement. After a brief discussion, it was decided that this matter should return to EDC for further research. 4. Draft Ordinance Amending Title 10 of the United City of Yorkville Zoning Code (Building Height) — EDC 2117105 After a brief discussion, it was decided that Attorney Wyeth will revise the ordinance and it will be moved to the City Council meeting on March 8th under EDC. A map of the downtown area was also requested. 5. PC 2004 -33 Silver Fox — Annexation & Zoning — FYI Public Hearing at 3/22105 CC and 6. PC 2005 -03 Aspen Ridge Estates — Annexation & Zoning — FYI Public Hearing at 3 -22 -05 CC The above two items were considered together. It was noted that a public hearing for Silver Fox was required first. Alderman Sticka stated that both matters were presented before the Plan Commission where annexation was approved, but not the zoning. He said that the traffic situation on Fox road was so severe that EDC felt no further development should occur until the problem is solved. Developers also support this idea. The Mayor suggested an annexation agreement should be done with language stating that a study will be underway and a solution identified before construction permits are released. He added that the City would be setting a precedent with an annexation agreement rather than a P.U.D. The agreement would say that the developer must be part of the solution if they wish to develop the property. A scope of service will be presented at C.O.W. on March 15 according to Administrator Graff and these two items will go to public hearing on April 22 °d 7 PC 2005 -04 Lincoln Prairie Yorkville — Annexation & Zoning —FYI Public Hearing at 3122105 CC This property is across from the Menards warehouse and is zoned M -2. A public hearing has been held. The only concern brought forth was from a resident of Eldamain Road who asked if construction would be allowed 24 hours a day. It was noted that the building code states that work can be done from dawn to dusk. Page 6 of 7 Alderman Sticka noted that the committee recommended moving forward with this. He also noted that the developer asked for all special uses that went with that zoning classification, however, the Plan Commission and EDC did not wish to grant this carte blanche. 8. PC 2005 -05 Landscape Depot — Annexation & Zoning — FYI Public Hearing at 3122105 CC Alderman Sticka told the committee that this is a landscape business desiring to locate at Rt. 126 and 71. Zoning at that location already allows for such a business, however, IDOT has scheduled a restructuring of the intersection of those two highways. Mr. Sticka suggested a temporary structure be allowed until the road project is completed and said there should be a time limit on the structure. It was also noted that a water well exists on the property, but if the property was sold, the well could not be used anymore. There was a brief discussion concerning Rt. 126 & 71 being reconfigured prior to Rt. 47 & 34. Rt. 126 & 71 is considered a safety issue due to an accident survey submitted to IDOT. All four annexation and zoning issues discussed above are set for March 22 Park Board Public Works Committee Public Safetv Committee Administration Committee There were no reports for any of the above committees. ADDITIONAL BUSINESS Alderman Munns questioned the City's nepotism policy as a result of a inquiry brought to his attention. The Mayor stated that the policy should be reviewed at the Administration Committee. Alderwoman Ohare complimented the Police Department on the high visibility of squad cars and said it was very reassuring. It was noted by Ms. Laura Brown that a $100,000 grant had recently been released from IDNR for land acquisition on West Hydraulic St. The funds should be received within 30 days and will be used to repay land cash. Administrator Graff noted that the Administration Committee had scheduled a special 05/06 budget meeting this Thursday, March 3rd and all were invited. Drafts of the budget will be available March 2 The budget will then move forward to th C.O.W. on March 15 Page 7 of 7 As there was no further business, the meeting was adjourned at 8:16pm. Respectfully submitted by Marlys Young, Minute Taker PLEASE SIGN IN MEETING: �-�• O DATE:'� NAME BUSINESS PHONE # r u (� KC— c,,I Z ,'y o )- 7 0 7 cv ��11 ,111 G �irO CC,'R = Trt I L/ftAj (Ao►°�l i;' -D Oar �u J / /�C O C J/z - X13 / -�� tad -te /mil D/��1 rL �✓�o�,Qd'h2 -� i