COW Minutes 2004 12-07-04 ' I
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APPROVED 1111105
UNITED CITY OF YORKVILLE
Committee of the Whole Meeting
Tuesday, December 7, 2004
7:00 P.M.
City Council Conference Room
City Council and Staff in Attendance:
Alderman Besco Public Works Director Eric Dhuse
Alderman Kot City Attorney Dan Kramer
Police Chief Harold Martin Alderman Munns
Alderwoman Ohare Finance Director Tracy Pleckham
Mayor Art Prochaska Alderwoman Spears
Alderman Sticka City Attorney John Wyeth
Guests signed in:
Tim Winter -PDG, Willowbrook Carolyn Herren, Bristol
Shawn Brannick, Minooka Mike Brannick, Minooka
Dale Woodworth, Yorkville Dan Waitt- Beacon News, Aurora
Rich Guerard, North Aurora John Philipchuck, Naperville
Pete Huinker, Yorkville Trevor Ryan, Naperville
Julie Workman, Chicago Matt Cudney, Elgin
Scott Brummel, Plano Will Battles, DesPlaines
The meeting was called to order at 7:00 p.m. by Mayor Art Prochaska.
Public Hearing: None
Presentations:
1. PC 2004 -22 Challey Farm Concept Plan — COW 11/16/04 & Plan Comm
11/10/04: Mr. Rich Guerard representing Wyndham and Dearpoint who is one of
the partners in the proposed project. He began with a brief overview stating it is
approximately 96 acres and is north of Route 71 and South of Pavillion. He stated
that Kimball Hill is looking at the piece just south of this which is pending as a
project and there is a project just north of the property.
It is proposed to be 144 Single family lots and they are looking to put semi -
custom homes in the subdivision. It is in compliance with the new comprehensive
plan the City has and is 1.5 units per acre. He pointed out that the units to the
southern edge are a minim of 12, 000 sq fl lots with lots towards the northern
edge at a minimum of 16,000 sq ft lot size. He stated that there will be buffering
at the north side.
He stated that the Plan Comm has requested that they allow room to be made for
the proposed road to the North, so next time the Council sees the plans it will be
proposing a connection to the Subdivision to the north. As far as what the Park
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District requested is to take the current proposed park site and move over to where
the future school site has been proposed for future use. Alderwoman Ohare
questioned if the park site is moved it will not allow for serving as many homes
when it moves to future school site. Mayor Prochaska brought up that he thought
Kimball Hill subdivision to the south there was proposing a park site close to this
site anyways to compensate the Park Board's request to move what has been
proposed. Mr. Guerard stated he and the proposed site to the south were at the
Park Board the same evening and the Park Board took both sites into
consideration to make sure all could be used evenly. He also stated that there will
be a trail system that will connect this property to Kimball Hill property.
Mr. Guerard passed around photos of detention ponds next to park areas that they
have built in previous areas of development. They like this concept and want to
explore this option with the development area in question. He stated the Park
Board had an interest in this option. Mayor Prochaska added that the Park Board
likes this idea due to the park area being able to expand with future neighboring
developments that will adjoin with this area planned for a park. The park area
planned is approximately 2.8 acres here, with the total park area planned at 5
acres. The park board requested a 2.1 acre park area for this development.
The Committee had no more questions for Mr. Guerard and they thanked him for
coming to the meeting.
Detail Board Report (Bill List): Mayor Prochaska moved the meeting on to this item
and asked if any of the Committee had any questions.
Alderwoman Ohare had some questions on the items below:
• Page 22, under Verne Henne Constr., she questioned why there are four separate
bills for Beecher/River- Building Improv within 3 days of each other and why
weren't they billed together. Tracy Pleckham stated that the bill dates are only
shown here.
• Page 36, under Nextel Communication, she questioned when the new contract is
going to effect these charges. Tracy Pleckham stated it should be in January they
will receive the new billing and they will be getting an additional 8% rate
reduction then along with the 10% they are getting now.
• Page 16, Eagle Brook Services, LLC, she questioned if the cut & cleanup charge
would be billed back to the owner. It was clarified that this would be billed back
to the owner for these services.
• Page 23, under International Codes, she asked for clarification as to why this is
charged and what it was for building fees. Tracy Pleckham explained that this is
the consultant for International Codes -ICCI.
• Page 40, under Kathleen Field Orr & Assoc., she asked if this will be billed back
to the TIF. Attorney Kramer stated that this is a recoverable amount from the
TIF.
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• Page 45, under ServiceMaster Commercial, she questioned that she thought they
were going to be reducing this amount and doing away with these services with
moving the custodian to F /T. Tracy Pleckham stated that the custodian was
moved to F/T position because they were already working F/T for the City. The
City still needs the work done by ServiceMaster too.
The Committee had no other questions and this will go onto City Council for
consideration.
Items Recommended by Committee for Consent Agenda:
1. Watershed Planning Implementation Program Donation — PW 11/22/04: no
questions
2. Water Reports for September and October 2004 —PW 11/22/04: no questions
3. Well #7 Treatment Facility — Change Order #4 — PW 11/22/04: no questions
4. Well #8 — Change Order #1— PW 11/22/04: no questions
5. Smith Engineering Agreement for an "as needed basis" — PW 11/22/04:
Alderwoman Spears questioned what was written on page 2 of the agreement
where it states in paragraph 1 `through the Kane County Mediation System'. She
questioned if there was no mediation system in Kendall County or was this
sentence from a copied document. Attorney Kramer stated that they probably did
take the language from an earlier contract, but there is no mediation system in
Kendall County either. It is head quartered in the courthouse, yet separate from
the court system.
Alderwoman Ohare questioned with looking at there on -call basis and cost, if the
City does use any other engineering firms. Mayor Prochaska stated that EEI is
the firm the City uses most of the time. He explained that previously the
Committee chose to use EEI as handling the overflow work from the City
Engineer, Joe Wywrot. Now they are looking to have Smith Engineering as back
up as well.
Mayor:
1. Emergency Generator Change Order: Mayor Prochaska explained the cost
change was due to having to relocate the generator placement due to them not
wanting to destroy a tree, resulting in a $2500.00 increase for additional supplies
and labor needed to move the site for the generator. He did state that this will
probably be the last of the cost changes to the job and should be completed by late
December. This will go on to City Council as Consent Agenda.
2. City Attorney Position Appointment: Mayor Prochaska sadly announced that
City Attorney Dan Kramer has chosen to retire as City Attorney effective
12/31/04. Mr. Kramer will still be available during the transition period of
finding a new City Attorney and will charge the City on an hourly basis. The City
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is asking Attorney John Wyeth to step in as their Attorney for the remainder of
the calendar year while Mr. Kramer finishes up working on current issues.
Mayor Prochaska expressed his concern of not being able to find another Attorney
that could put in the hours the City needs. He approximated the Attorney would
need to put in 20+ hours per week working with them. He went on to state that as
the City continues growing they will need a City Attorney even more. He
suggested that the City may need to also look into a Law Firm that could appoint
one Attorney to be available when the City needed them. Mayor Prochaska
pointed out that he is not comfortable having an Attorney unavailable when City
Staff has to meet with the Public alone regarding issues where the other party has
their Attorney present. Mayor Prochaska went on to say that Mr. Kramer has
done a wonderful job for the City for the past 21 years representing them and will
miss him and the comfort level they have with Mr. Kramer around.
Alderwoman Spears questioned if the City Staff would look into neighboring
Communities to see how they handle their legal issues as far as having private
Attorneys or Law Firms. Mayor Prochaska stated they have already begun
researching other communities and finding out which way is a better direction for
the City to go.
Mr. Kramer at this time explained to the Committee that he feels it is just time for
him to move on with his life and looks forward to the free time that will come
with retirement.
Mayor Prochaska asked the Committee to consider at the.next City Council
meeting to vote on having Mr. John Wyeth appointed as the new City Attorney
starting 111105. Alderwoman Ohare questioned how much Municipality
experience Mr. Wyeth did have to be considered for this position. Mr. Wyeth
explained that he has 20 years experience working with Municipalities, but
mainly his focus has been on the Park District end of City issues. He added that
he has been a back -up Attorney for the City of Yorkville for the past 2 years so he
is very familiar with this City's issues now. He is also a resident of the area
which will make him close when needed, but has no clients in the area which is
beneficial to the City's interests as well. He stated lastly that the 20 hrs per week
the City needs would be no problem for him and his partners to handle at all.
Mayor Prochaska will have the Admin Committee look more into what the hourly
Attorney support is needed by the City compared to what is the average 20
billable hours per week. The Committee agreed to submit Mr. John Wyeth's
name next week to look into a contract with him being effective 111105.
3. (added to agenda) Mayor Prochaska stated that the City did just receive a letter
today from the IEPA regarding the Brownfield's grant stating that the City has
been awarded a grant and there is an agreement that goes along with it. He will
make sure all Council members get a copy of it over the next day or so to move
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this along in the next City Council meeting. He will have this placed under the
Mayor's report for the next meeting.
4. (added to agenda) Mayor Prochaska stated at the Mayors and Managers Meeting
they were approached as a group in Kendall County by the Chicago Area Transit
System (CAT) that they were looking to expanding their coverage more into
Kendall County due to the area's growth. If this does happen, Kendall County
would actually become separate instead of being a part of the Kane County
Mayors and that is where they currently get there funding. With this in mind a
problem does arise being that they are currently expecting funding from being
part of Kane County. One problem is that they are up for funding through Kane
County and the other problem is will this make less funding available if not
through Kendall County since it is based on population. He stated that Monday,
the City Staff and Administrator will be meeting to discuss the pros and cons of
the situation at hand. This will be on the next COW report for further discussion.
Alderwoman Spears questioned if it is a choice to move to separate from Kane
County or not. Mayor Prochaska stated at this point that answer was unclear and
will be looked into further.
Economic Development Committee:
1. Autumn Creek — Annexation, PUD Agreement, and Preliminary Plan —
COW 11/16/04 & EDC 10/21104: Julie Workman who is representing Pulte
Homes started by stating that they have brought to the Committee their revised
drawings and they believe they have addressed the biggest concern which they
heard at the last meeting with City Council. The concern then was them having
any lots less than 12,000 sq $ back up to open space and they have taken care of
all those lots and where highlighted on the plans brought before the Committee
tonight.
Mr. Matt Cudney stated that they did have 81 lots that were less than 12,000 sq
feet and now are showing 39 lots that are less than 12,000 sq feet. He also
pointed out that lot 68 shows less than 12,000 sq R, but it is actually 12,086 sq
feet and had been marked wrong on the material provided tonight. The
commercial area has all remained the same from the last plans as well.
Alderman Sticka remarked that they responded very well to the comments and
concerns made known at the last City Council meeting.
Pete Huinker stated that Park Lot L will not be counted as park area and will
remain conservation area. The Park Board has discussed that they will accept the
trail head and part of the trail as credit. They are still working out the details of
what will be counted as park area.
Alderman Sticka stated that the elevations shown now are significantly more
impressive than shown before. Mr. Huinker stated that all the elevations the
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consumer. Mr. Sticka
Committee Members have seen will be offered to the c o
stressed again the importance of having some anti- monotony throughout the City.
Mr. Huinker pointed out that they do impose that with the builders as well.
Alderwoman Spears questioned if the area that imposes into the development
would be purchased to go along with this development any time soon. Mr.
Huinker stated that there are two parcels in question. The Doede property is
being worked out to be purchased and the Reck's as well and are not interested in
selling the property. He added that this area is not good for development or
building on due to codes of the City and the way the land is. It would remain
open space if the developer does end up purchasing the area in question.
The next step for this item will go onto the COW meeting on 12/21/04 to see the
annexation agreement to approve from there.
2. PC 2004 -19 Carolyn Herren Property Rezoning — EDC 11/18/04: Mr. Kramer
started by explaining that years ago the land in the northeast corner of Corneil's
and Route 47 was zoned then at B3 in hopes for Commercial in the area. At that
point they were going to wait and see what develops. The people interested in
this property now for purchasing would like the entire property B3 instead of the
back half being residential. Mr. Kramer stated this conforms to the City's current
comprehensive plan.
Alderman Sticka stated that both the Plan Comm. and EDC both supported this
rezoning to go through. Mayor Prochaska brought up the point that residents in
area had concerns regarding the City's rules for having commercial going up next
to residential. Mayor Prochaska informed them that there are restrictions for
commercial next to residential to keep working together to make a pleasant
situation. The Property will be straight B3 zoning for the entire 38.7 acres total
and it does meet comprehensive plan.
Mr. Will Battles who is representing the purchaser approached the Committee to
read a letter from the CEO of North Lake Properties, Inc. (purchaser). It read as
follows:
`Honorable Mayor and Members of the Council:
We are in the process of purchasing approximately 38 acres on Hwy 47 in
Yorkville.
Due to the holidays and a visiting nephew from Britain, we are unable to be at
tonight's city council meeting.
We wanted to write this letter so that you don't erroneously conclude that our
absence indicates a lack of interest on our part. We are seeking approval of the
rezoning tonight so we can take further steps in the development process of the 38
acres tract.
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After our previous visits to Yorkville, we were very favorably impressed by what
is happening in the city and we believe that we can, with the help of the city,
develop a high quality commercial project at this location. Such a project will not
only serve well the residents of the area, but will also provide a significant tax
base for the local governing units.
Thank you for your consideration of this re- zoning application and we look
forward to working with you in the near future.
Sincerely,
North Lake Properties, Inc.
Wayne L Johnson, CCIM, SEC
President'
The Committee sent out thanks to Mr. Johnson for taking the time to write that
letter to the City. The Committee members were all comfortable with this
rezoning going through for this parcel and this will go on to City Council for
consideration under the Economic Development Committee.
3. PC 2001 -06 Grande Reserve Unit 9 — Preliminary / Final Plat — EDC
11/18/04: John Philipchuck spoke on behalf of MPI and stated that this is the
property that surrounds the elevated tank site and the northern border is the
Burlington Northern Railroad. The area was outlined for.the attached product and
they have the park site located on lot 3017 and lot 3016 is going to be storm water
detention and will be maintained by the home owners association. The Plan
Comm. has reviewed this plat and had no questions on it. Mayor Prochaska stated
that there has been some discussion with the property owners to the east as far as
a landscaping between each other being worked out. That is all being worked out
between the property owners on there own. This will go to City Council for
consideration.
4. PC 2004 -26 Woodworth Estates — Preliminary Plan — EDC 11/18/04: Dale
Woodworth stated that no others involved could make it to tonight's meeting.
The Committee discussed that this item did go through Plan Comm. and EDC and
there were no questions on this item at the meetings. They discussed where the
property was located and pointed out that the lots were over 12,000 sq ft for the
10 lots planned. Mr. Woodworth pointed out that the access road was moved to a
better position, but nothing else had been changed. This will go on to City
Council on 12/14/04 for consideration.
Park Board:
1. YYSBA 2005 Agreement — PKBD 11/22/04: Tabled until next COW
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Public Works Committee:
1. Request to Purchase Trucks — PW 11/22/04: Alderman Besco explained what
the trucks to be purchased entailed and gave descriptions of each. The sewer
dept. utility truck will pay for itself due to right now them having to subcontract
all the work that this truck will do with the crane. The Parks Dept. Landscape
Utility Truck will be used mainly for lawn care and plowing in the winter. The
Engineering Dept. Truck which is badly needed. The third truck was not
previously approved in this budget period. It was pointed out that all three will be
fitted for plowing as well. Mr. Dhuse stated that the Engineering will pay the
base rate and the Public Works department will pick up the cost of the upgrade for
plowing ability. The funds will all come out of Public Works and the Engineering
Department will then pay Public Works back for their portion. The Committee all
agreed these were needed and the funds are all in the budget so this will go on to
City Council as consent agenda on 12/14/04.
2. Hydrogeology and Water Quality Study for a Potential Development of a
Safe Secondary Municipal Water Supply from the Shallow Aquifer Within
the Northwest Planning Area — PW 11/22/04: Alderman Besco stated that the
City is currently searching for other sources of water for the City's use. The City
Engineer and consultants have suggested the shallow aquifer and with this search
of areas to use and pull water from they have come to find that the old Nelson
Landfill should be investigated to see what effect it has had or will have on water
quality before the City could pull any water out of this area.
Between the City's Budget, the USGS funds, and the USEPA they are all looking
to put in funds to do a study on this water area and then be able to either move
forward with the possibility of the City pulling water from this area or having help
from the Government to clean this up if it is found to be needed.
The cost will be a total of $135,108.00. The USEPA will contribute $50,000.00,
the USGS will contribute $40,000.00 and the City of Yorkville will have to cover
the remainder of $45,108.00. The City of Yorkville will have a total of
$53,139._00 estimated with consultant costs added in. These funds can be pulled
at $45,000.00 next fiscal year and the remainder after that. This should come out
of the water improvement funds. There is still a charge of $15,500.00 for Civil
and Engineering Consultants and EEI is looking at $3,500.00 charge. The
Committee discussed that with the development that is going on there is a strong
possibility that the funds for this could be recapturable.
Mr. Dhuse stated to the Committee that he did speak with Mr. Freeman with
E.E.I. who wanted to reiterate the importance of having this area researched. It is
very important to explore this option with the population growing as it is.
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Mayor Prochaska added that this water solution would lesson the problem of
dealing with the radium if they can pull the water out of this area. The Committee
discussed that this will be no extra cost to the taxpayers since it will come from all
the new growth costs that are already set up.
The funds will be pulled from the water expansion fund on next year's budget. It
was unclear if the funds were all needed up front, so this will be found out before
the 12/14/04 City Council meeting. There is a joint funding agreement and the
funding will be decided in this. Mayor Prochaska is looking to have a motion
stating that this will be contingent to all these points. Mr. Kramer stated he will
try to get a one line letter from the agencies, stating this offer is still available and
ready to execute a three party agreement. This will continue to move forward
from here.
Public Safety Committee:
1. Request for Budgeted New Police Officer — PS 11/15/04: Alderman Kot
stated this position is a budgeted item and the Department would like to hire
next week so the Officer's schooling can begin on time. This was approved by
the Committee and has been removed from the agenda due to pre - approval when
budgeting done for this fiscal year. This will go to City Council as consent
agenda.
Administration Committee:
1. Fox Hill Tax Levy — Admin 12/1/04: Mr. Kramer stated that Kelly Kramer
will have this finalized by tomorrow and they will let the public know this will
j be up for vote. Tracy Pleckham explained how the billing of the levy worked to
the Committee. Alderwoman Spears stated that the property owners had
requested some sort of statement for what has been taxed so far and where it has
gone. Mr. Dhuse stated that this will be for next year and at that point they will
be provided to all the public to see where the SSA funds are being used.
Additional Business:
• Alderwoman Spears asked if a ward map had been put together yet. Mayor
Prochaska replied that it still needs separation into the separate wards so each
sheet shows one ward. The Committee thought it would be nice to have one for
all the wards in the City to help direct the public too. They will get those out to
Council Members as soon as they are ready.
• Alderwoman Spears asked what the pay of the new hire for the payroll/benefits
specialist was set at. Tracy Pleckham replied it was set at $35,000.00 and the pay
range was from $26,000.00 - $42,000.00.
• Alderman Munns stated being that it is Pearl Harbor Day and asked all to thank
the Veterans from WWII.
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• Alderwoman Ohare stated she thought the Grant Writer was to be here to give us
an update. Tracy Pleckham replied that she will be here 12/21/04 to address the
Committee.
• Alderwoman Ohare asked if the letter the Committee members had received from
the Chamber of Commerce regarding the maintenance of the downtown area had
been addresses. Mayor Prochaska stated that it had been addressed and much had
been done before they received the letter.
• Alderman Sticka asked about Yorkville Landscaping and stated he is still
receiving phone calls about their yard not being taken care of as far as the work
they were to do not being done. Mayor Prochaska asked Mr. Kramer to look into
this matter some more and he was not sure where the City stood as far as making
them complete the work at hand with their perimeter.
• Mr. Dhuse stated that the work on Hydraulic has been delayed some what to the
weather not cooperating. They are working on getting the barricades to back
behind the alley before the upcoming Christmas walk on 12/10/04.
The meeting was adjourned at 8:35 pm.
Minutes by: Sheila Teausaw
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