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COW Minutes 2004 10-05-04 Page 1 of 11 APPROVED 3 -8 -051 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE Conference Room Tuesday, October 5, 2004 - 7:00 p.m. In Attendance: CRY Art Prochaska — Mayor Tony Graff— City Administrator Valerie Burd - Alderwoman Bill Powell — City Treasurer Paul James - Alderman Eric Dhuse — Director of Public Works Wanda Ohare - Alderwoman Kelly Kramer — Representative of City Attorney Marty Munns — Alderman Lynn Dubajic — Economic Development Director (8:15pm) Rose Spears - Alderwoman Laura Brown — Executive Director, Parks & Rec Anna Kurtzman, ICCI Guests Dan Waitt — The Beacon News Kathy Farren — Kendall County Record Michael Hitzemann — Bristol Kendall Fire Chief Tom Lindblom — Bristol Kendall Fire Department George Dinges — I1. Equity Fund, Springfield - (Yorkville Supportive Living) Steve Horve — Horve Builders, Decatur Brian Mihelich - CEC, Downers Grove Kevin Stough — Centex Homes, Elgin Mike Schoppe — SDA, Oswego ?? (Attorney for Centex) — refused to sign name The meeting was called to order at 7:03pm by Mayor Arthur Prochaska. Detail Board Report (Bill List): The first item on the agenda was the Bill List. 1. Alderwoman Spears had a question regarding an item not on the list. It was a check she had signed the previous night, for Pat Summerall for $11,000 that replaced two other checks for a final payment. The Mayor explained that checks are to come in by the end of the week and he is asking the City Treasurer to hold the City check until the money is received. An updated list is expected after the money is received. 2. Ms. Ohare asked about "notice tickets" which appeared on page 14. These are for ordinance violations. Page 2 of 11 3. Page 8 indicated litigation regarding the City vs. Peterson. Mr. Munns asked about recouping any expenses regardless of the verdict. Ms. Kramer indicated that the City must pay attorney fees regardless of the case outcome. The bill list will proceed to the City Council next Tuesday. Items Recommended by Committee for Consent Agenda: There were no questions or discussion. --------------------------- -------------------- ----- Mavor: 1. Coffee with the Mayor: Sunflower Estates Mayor Prochaska noted that the next coffee would be October 9th. 2. PC 2004 -06 Centex —Bristol Bay — Annexation and Zoning Kevin Stough of Centex Homes gave the presentation for Bristol Bay for annexation and zoning. He showed a map of the proposed land uses for the 588 acres at Route 47 and Galena Rd. There is a total amount of 230 acres of open space (40 %) for recreational use including a lake or series of lakes. The lake(s) will also handle the stormwater management of 1900 acres. Mr. Stough referred to this development as a cluster /conservation concept with single family, townhomes and condos clustered in areas outside the open space. He also stated that an additional 40 acre parcel will give frontage on the west side of Rt. 47 and will allow for some commercial, shift townhomes and condos and allow for larger single family areas. In addition, there will be a major east /west collector street that will tie in with Rt. 47 and Dickson Road. Another collector will travel north towards Rt. 30. Because of the addition of land to the original plan, Centex will present another rezoning and concept plan to the Plan Commission at a Public Hearing. Mayor Prochaska asked about a site for the Fire District. Mr. Stough stated that a possible location for a fire station is being considered at Galena and the nortb/south collector. The access will not be directly onto Galena, but rather onto a collector street. The fire station site would be donated by Centex. Currently, the Rt. 47 and Comeils 40 acre parcel is considered flood plain. Mr. Stough said it is hoped that the water can be rerouted to enter the main stormwater area and make this parcel eligible for development. Mayor Prochaska noted that this property is already annexed to the City and is zoned B3. Page 3 of 11 Alderwoman Rose Spears asked about the density of this development. Mr. Stough replied that it is 2.95 per acre, however, that could change depending on the size of the regional stormwater area. The density could decrease to 2.3 homes per acre. Alderwoman Ohare commented that she would like to see a pedestrian walkway for pedestrians and bikes, incorporated into this development due to the high traffic. Mr. Stough said there will be a bike path on the east side of the north/south collector. In j addition, there will be a bike path along Galena. He said this entire development is the northern "gateway" to Yorkville. It was questioned by Alderwoman Burd if any of the farm sites on the properties were considered historic. Mr. Stough did not think so, however, the recently acquired 3 -acre Bertram property will be evaluated for any historical significance. In conclusion, Mr. Stough added that berms will be included along the major roads, to retain a rural flavor. He also said that the Rosenwinkel property on Galena Road will not be sold by the present owners and will not be included in this landscaping plan. This item proceeds to Plan Commission and Public Hearing for the last part of November or early December. This presentation concluded at 7:27pm. � I (The meeting moved forward to agenda item "Public Works- Wetland Mitigation Bank') i Public Works Committee: Z CEC Proposal for Wetland Mitigation Bank Feasibility Study Brian Mihelich of Civil Environmental Consultants, Inc. was present to address the Wetland Study. He said they had proposed to the City to assess whether or not the open space discussed for Bristol Bay, would be feasible for creating a wetland mitigation bank. This would entail creating a wetland and wetlands "credits" which could be sold to developers in the area. He said it would be conducive to being a wetland bank because it was previously agricultural with tiles in place and already existing small wetland areas. In addition, the soil conditions make the area a good candidate. Mr. Mihelich said the process for creating a bank is very lengthy (9 -12 months) and that his firm would be working with the Army Corps of Engineers. The preliminary steps are "due diligence ", before the Corps of Engineers will move forward. The cost to the City for "due diligence" and a presentation to the Corps is $9200. The funds are not budgeted at this time and Mr. Graff said that developers could possibly help. He added that Centex would be approached about front - funding. Page 4 of 11 A further explanation was given by Mr. Mihelich and the Mayor, regarding the wetlands "credits ". Sometimes a wetland area may be too small to sustain and the developer may proceed with developing that area. They must then purchase credits for wetlands in another location. There are no wetland "banks" in this area, however, there are 24 banks in the Chicago area and 4 in the Rock Island district. Mayor Prochaska said this was a good example of "thinking outside the box" because a unique area could be created for Yorkville with tourism possibilities. Alderwoman Spears asked Mr. Mihelich how many of these types of projects his firm has been involved in. He replied that they have done many and his partner has done many in this area in particular. This concluded Mr. Mihelich's presentation at 7:38pm. Mayor Prochaska said he would like to move forward with this project depending on funding. Such a study would be subject to approval by Centex. Attorney Kelly Kramer added that the City has been looking at a stormwater control ordinance that would be directly tied to wetlands mitigation. Yorkville would then look at such sites. She said that a small wetland area is very expensive to maintain. Administrator Graff added that Grande Reserve has already given money towards the two watersheds on their property: Blackberry Creek and Rob Roy Creek. (The meeting then returned to the original agenda) Economic Development Committee (Agenda moved to item #4, out of order.) 4. Fire Department Request for Development Fee Increase Mr. Graff reported that William Dettmer, Code Official, had sent a letter regarding his review of the proposed Fire Department fees. January 1st is the proposed implementation date. The Mayor opened the floor for discussion. Alderwoman Spears asked how the fee structure had changed. The fees for duplexes and townhomes remained the same at $1000 each. Condominiums are not included since it refers to ownership of a structure. Apartment -type units will now collect $500 per unit because they are built to a stricter code (with life safety sprinklers) than duplexes etc. Ms. Burd pointed out that developers will pass this fee onto a homeowner, while an apartment dweller would not have the same fee even though the same activities such as cooking, occur in a dwelling. A comparison with other communities was requested by Alderwoman Spears. Mayor Prochaska said that other communities do not break it down in this manner and some neighboring towns do not collect anything for commercial. It was clarified that for a duplex, each resident would pay $1000. Ms. Spears asked if there were any stats Page 5 of 11 regarding the number of calls for apartments. Mayor Prochaska stated that the fees are not for the operation of the Fire Department, but rather for the building and equipment. The Mayor recommended passage of this fee structure effective January 0. He added that this issue will need to be revisited at a later time. It was noted that the commercial rates would remain the same. Mr. Hitzemann said that hotels and motels had been omitted from the Fire Department recommendations and those structures will be included under commercial. Ms. Kramer said that the Development Fee Ordinance will be amended. The Mayor wants the ordinance completed soon so that the business community will know this is in effect. In conclusion, Ms. Kramer will draft the amendment and this item moves to City Council. -------------------------------------------------- (Next item out of order from agenda) 3. Yorkville Supportive Living Limited Partnership New Directions Assisted Living Concept Steve Horve and George Dinges were present to provide information regarding this assisted living project. They said they desire to use the existing P.U.D. with some modifications. Those are: • Change of developer /owner name from New Directions Housing Corporation to Yorkville Supportive Living Limited Partnership • Age of eligible residents was changed from 55 to 65 • Changed verbage "individuals who are 55 years of age or older" to "provide affordable assisted living residences for frail seniors who are 65 years of age or older ". • The density will change from 15 units to 25 units per acre. • Asking for 55 spaces of uncovered parking. A facility vehicle will also be provided since it is anticipated that very few residents will drive. Alderwoman Spears questioned what the defmition of "frail" is. It is based on a "need" score. Some of that determination is also based on finances, with assistance from Medicaid if individual finances are depleted. Mr. Dinges explained that Medicaid is triggered when an individual's assets are gone. This will be a supported living facility, not necessarily based on income. Some of these units will be rented at the full amount of $2100 per month. A site plan map was then presented with the following facts noted: • The structure is a 2 -story building with 50% brick that will blend into the neighborhood. • Adequate water retention Page 6 of 11 • Developers will retain the landscape berm from the original plan • A similar structure was built in Batavia, however, it is 3 -story Mayor Prochaska commented that there is a need for this type of facility as other senior programs have come and gone due to lack of money. Ms. Ohare said that she would like some walking paths added to the plan as well as safety issues being addressed due to the pond. Mr. Powell asked if there would be an activity room. The plan includes such a room on the second floor. Ms. Spears added that she would like to see a covered drop - off area as well as parking spots next to the front this is provided for in the plan. The Mayor said the next step is the submittal of a plan or layout from the developers and a Public Hearing would then be scheduled. (next item out of order from agenda) 1. Revised Landscape Ordinance Mayor Prochaska said that some questions from local businesses needed to be addressed in regards to landscaping. One of those questions was: do the landscape standards in the existing ordinance conflict with or somehow prohibit development of the side yards those businesses have. Mr. Mike Schoppe stated that where parking lots are adjoining, some landscaping is required. Ms. Burd asked that two changes be made on page 1, number 1: it should read ... "All lots which have buildings constructed upon them ...." and "...except for any property which is being rezoned or for which..". Ms. Burd addressed the replacement of trees that have died. Mr. Schoppe said the ordinance stated that tree preservation standards only apply to a lot five acres or larger. This is to prevent developers from clear- cutting. If trees are cut down on these lots, the live trees must be replaced. If trees die within a year of planting, the City can request, but not require that they be replaced. Ms. Kramer will work with Mr. Schoppe on a revision to the ordinance clarifying when a tree needs to be replaced on land that is being developed. It was noted that some municipalities grant rewards through their PUD's if developers refrain from clear - cutting. This item moves to the City Council agenda for approval. Z Appearance Code Previously requested revisions have been made. A brief discussion followed, regarding the amount of brick on a facade. Ms. Kurtzman stated that maps are kept for some newer subdivisions to track the types of facade building materials used on each structure. The cost of these maps is included in the building permits. Cul -de -sac lots, duplexes and Page 7 of 11 townhomes were discussed briefly as they relate to the Appearance Code. Any exemptions could be incorporated into the PUD . A Public Hearing will now be needed. Since the Appearance Code may not be passed until 2005, the sunset date must be changed to 2010 for Fox Industrial Park. In addition, Ms. Kurtzman noted that she will correct the section numbers in the code and an effective date will also be included. This item will be scheduled for a Public Hearing. Park Board 1. Park Board Recommendation of Sente- Rubel- Bosman -Lee Architects for Parks Maintenance Facility Site Planning Mayor Prochaska stated that Park staff had interviewed this firm and made a recommendation to the Park Board and then the City Council. Ms. Kramer said there was no interview requirement for this process. The Mayor suggested that a policy be established for the future, regarding qualification interviews of top candidates. The Administration Committee was asked to draft such a policy. Funding for the recommended architects will be from land cash. This recommendation will be placed on the City Council consent agenda. ------------------------------------------------------------ Z Grading/Design Fees for Schoppe Design Associates for Riverfront Park Laura Brown explained that a request had been received from IDNR, for a detailed plan regarding the re- grading of Glen Palmer Dam. Money will be saved since the re- grading can be done after IDNR completes the shoreline rehab project. This project was not anticipated/budgeted for, though there is money available. This matter moves to the City Council consent agenda. ------------------------------------------------------------ ------------------------------------------------------------ 3. IDNR Riverfront Park Agreement Ms. Brown stated the Parks Department would like to have more information on the fishway and maintenance of it. She stated the rest of the agreement is acceptable. She added that the City needs to clean the island and waterway for canoes. The Phase II money needed, has been applied for and depends on the State budget. Other grants could be explored. The greatest cost is in Phase I where slipways and fish ladders are installed. This item will move forward to the next C.O.W. Page 8of11 Public Works 1. Kennedy Road Improvements for 2005 Public Works Director Eric Dhuse presented a plan showing the improvements for Kennedy Road and said the portion of Kennedy Road near the Doty property, will be tightened due to the encroachment into ditches and driveways. He added that four oak trees on the south side of the road near Bristol Ridge Road, cannot be preserved. However, trees will be included in the medians. The timeline of the subdivisions and road improvements will be developer- driven according to Mr. Graff. He added that a letter had been written to the developer of the Menards project to coordinate all the planned projects that are scheduled for the summer of 2005. Wildflower areas were suggested by Alderwoman Burd for parts of this project, due to low maintenance. This moves to the City Council consent agenda. ----------------------------------------------------,----- 3. Six Year Capital Improvement Program Public Works formulated this plan that changes according to needs. Developer - funded projects are now listed in this plan and a spreadsheet will be added to show which general fund dollars are funded by connections fees. After this spreadsheet is added, Mayor Prochaska would like this item brought back to C.O.W. for review. 4. Public Sidewalk Program Mayor Prochaska said the City will begin a sidewalk improvement or new sidewalk program. If a resident wanted a sidewalk on a more timely basis, they could have it by paying 40% of the cost. New developer money will be placed in this program. Public Works will be asked to prioritize the need and will do so by quadrants within the City to obtain lower prices from contractors. Alderwoman Spears suggested that the aldermen/women compile a list of areas of need within their wards. She also obtained a "Walkability List" that would assist in marking the areas. Maps of the wards will also be provided. Alderwoman Burd added that a greater impact will be seen if the improvements are completed in a concentrated area. --------------------------------- --------------------------- 5. Roy Roy Creek Interceptor — Phase I Ms. Kramer explained the tentative bid schedule is scheduled to open next week and will close the following week. This will be paid for by developers. Page 9 of 11 This item is for FYI at this time and will come back to C.O.W. on October 19 for discussion on the bids. 6. Game Farm Road Right of Way Dedication The right of way of a section of Game Farm Road in front of the school was never dedicated. Since this area is in the 5 -year plan for improvement, grant money is being explored and engineering is to begin, it was recommended by the City Engineer to dedicate this portion of the roadway. The plat of dedication will cost the City approximately $2100. This moves forward to the City Council consent agenda. Public Safetv Committee No report from this committee, however, it was announced that the next Public Safety meeting is October 14 at 6:30pm. Administration Committee 1. Carpet Replacement Bid/Purchase Order The purpose of replacement is to eliminate the ridge in the carpet that resulted from age, wear and installation. The carpet in the Police Department, Mayor's Office and Administrative offices will be replaced at a cost of under $9,000. The work will be completed in two weekends or over a holiday weekend by Abbey Tri -State Carpet & Decorating, Inc. This agenda item moves to City Council consent agenda. ------------ ------------- ----------------------------------- 2. Drug Testing Program Provena Contract The costs of some of the random drug tests were lowered by $5 and the first -year management fee was eliminated. It was noted that the Provena address was incorrect on page 5 of the Testing Program Agreement. Ms. Ohare thanked Mr. Munns for his efforts in getting some of the fees reduced. Mayor Prochaska also noted that the Agreement needed to read "United City of Yorkville ". The prices will be held for one year regardless if the contract is signed. This will move to the consent agenda. Page 10 of 11 Additional Business Alderwoman Burd: Alderwoman Burd said downtown business owners felt they were not getting enough support. She asked that more money be budgeted for that area, garbage cans be placed in the downtown, parking lots be paved, fix drains that are clogged and clean mold from the pumphouse. The business owner also expressed thanks that the Riverfront festival has donated money to the downtown. fi c Mayor Prochaska added that rants are available for downtown areas however, a s Y g � specific plan must be in place first. Several years ago a grant application was rejected due to lack of a plan. He added that Mr. Dhuse had been contacted about some of the issues. Ms. Ohare Ms. Ohare asked about the possibility of federal grants in regards to the wetlands discussed earlier in the meeting. Mr. Graff has contacted some conservation groups, however, a plan must be in place. She also stated that the street and curbs at Rt. 47 & 34 needed cleaning. Mayor Prochaska Mayor Prochaska will submit to the State, costs incurred by the City, when Rt. 47 roadwork was supposed to be done at night and continued into daytime. A yearly contract for the Golden Diners was presented by the Mayor. The Park Board will review and Mayor Prochaska stated he will be putting this on a future agenda. Copies will be distributed to the Council members. Attorney Kathy Orr will be available next Thursday 6pm to answer any questions regarding TIF's. The Mayor asked to have two items put on the next city Council agenda: 1. Submitting for appointment, educator, Ms. Dana Jones of Rivers Edge, to the Human Resource Commission 2. Submitting for appointment, Charles Kraupner, to the Plan Commission. He attended the Smart Growth conference on his own accord. A request was made to reschedule the road cleanup and specific suggestions for dates are needed. Page 11 of 11 Laura Brown In June there will be a Fine Arts Fest at the Riverfront Park and volunteers are needed. Alderwoman Spears asked that Ms. Brown have the "Heart to Heart" program removed from the Park District brochure, as funds are no longer available for the program. Tony Graff The auditors will be at C.O.W. on October 19 and they will give a presentation. There was no additional business and the meeting was adjourned at 9:55pm. 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