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COW Minutes 2004 12-07-04 ' I Page 1 of 10 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 1 Page 2 of 10 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. 2 Page 3 of 10 • 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 3 Page 4 of 10 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 4 Page 5of10 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 5 i Page 6 of 10 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. 6 Page 7 of 10 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 7 i Page 8 of 10 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. 8 Page 9of10 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. 9 I Page 10 of 10 • 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. 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