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COW Minutes 2004 09-21-04 << i Page 1 of 11 JAPPROVED 11/23/04 UNITED CITY OF YORK"VILLE COMMITTEE OF THE WHOLE Conference Room Tuesday, September 21, 2004 - 7:00 p.m. In Attendance: RE Art Prochaska — Mayor Harold Martin — Chief of Police Valerie Burd - Alderwoman Bill Powell — City Treasurer Pawl James - Alderman Traci Pleckharn — Finance Director Wanda Ohare - Alderwoman Eric Dhuse — Director of Public Works Richard Sticka — Alderman Kelly Kramer — Representative of City Attorney Rose Spears - Alderwoman Lynn Dubajic — Economic Development Director Larry Kot — Alderman Laura Brown — Executive Director, Joe Besco — Alderman Parks & Recreation Anna Kurtzman, ICCI Guests Dan Waitt — The Beacon News Kathy Farren — Kendall County Record Michael Hitzemana — Bristol Kendall Fire Chief Tom Lindblom — Bristol Kendall Fire Department Jonathan Fischel — Yas/Fischel Partnership Stephen Yas — Yas/Fischel Partnership Joe Wisniewski — Wise Construction Brian Betzwiser Paul Burd Chuck Brooks Bob Kenny — Schain, Burney, Ross & Citron Ltd. Debbie Miller & Mike Brandenburg — Tanglewood Homes Ed Lecompte — John Greene Realty The meeting was called to order at 7pm by Mayor Art Prochaska. Suecial Action Item 1. United City of Yorkville Hoover Use Agreement Mayor Prochaska stated the Forest Preserve District wants to finalize the Hoover property agreement by Friday and needs a vote from the City Council. This is the agreement between the City, CorLands and the Forest Preserve District and allows the Forest Preserve to buy the first piece of property. Attorney Kelly Kramer added that the City is protected from any possible liability and that the City staff is comfortable with allowing the Boy Scouts to use the property. Page 2 of l l The Mayor asked the minute taker to establish a quorum by taking a roll call. The roll call was as follows: Alderman Joe Besco- present Alderwoman Valerie Burd present Alderman Paul James - present Alderman Larry Kot present Alderman Marty Munns- (absent) Alderwoman Wanda Obare- present Alderwoman Rose Spears- present Alderman Rich Sticka- present The quorum was established, allowing the committee to take formal action. Mayor Prochaska entertained a motion to approve and authorize the Mayor and Clerk to execute the Use Agreement between Boy Scouts of America and Kendall County Forest Preserve, the City of Yorkville and CorLands for the Hoover Camp Aldermen Kot and Besco moved and seconded to approve. The floor was then opened for discussion. Alderman Sticka asked about the Boy Scouts' use of the property and if there were specific dates of use. Ms. Brown replied that the Scouts will receive preferential treatment until two out of three of the phases of purchase are complete. After that time, Ms. Brown said the Scouts can still request use of the property, however, availability of the property or facilities may change. As there was no further discussion, Mayor Prochaska asked for a vote to approve this agreement. The voting was as follows: Alderman Joe Besco -aye Alderwoman Valerie Burl -aye Alderman Paul James -aye Alderman Larry Kot -aye Alderman Marty Munns- (absent) Alderwoman Wanda Ohare -aye Alderwoman Rose Spears -aye Alderman Rich Sticka -aye The motion carried. Public Hearing None Page 3 of 11 Presentations: L PC 2004 -15 Evergreen Farm — Concept Plan — PC 918104 Debbie Miller and Mike Brandenburg of Tanglewood Homes gave a presentation regarding a concept plan for property at Pavillion and Fox Roads -- Evergreen Farm (Tice Property). Ms. Miller handed out a concept drawing and stated that the concept plan was done at the request of the Park District and City Planner. Tanglewood Homes does not own the property or have a contract on it and the current owner has no intention of selling the property at this time. The concept plan showed a proposed elementary school site and proposed bike path. Ms. Miller explained that currently this property is not contiguous to the City of Yorkville and not served by City water /sewer, however, the comprehensive plan shows the property will eventually be annexed. Home prices are projected to be $300,000 to $350,000. No neighborhood park has been planned at this time since only 76 lots are planned and because of the proximity to open space and nearby bike trails. Alderman Besco questioned if any road improvements would be made to Fox or Pavillion Roads. Mr. Brandenburg replied that improvements would be made. Mayor Prochaska added that the County would have input on improvements on Fox Road, while Pavillion Road is a township road He also added that he favored annexation into the City rather than having a multitude of wells and septic systems. Alderman Sticks noted that the Plan Commission has looked at this concept plan. After brief additional discussion of possible parks, this presentation concluded at 7:25pm. 2 Yas/Flschel Scope of Serpice and Contract for Facility Master Plan There will be 2 phases for this plan: data collection/community image and define boundaries for the downtown plan. A timeline drawing and schedule of services was provided The following are some of the key points/elements of the plan: 1. Hold City staff interviews in the first 2 weeks of October for overview of City facilities needed 2. Square footage requirements will be prepared for City facilities 3. Property owners and businesses in the downtown area will be asked for input 4. Hold listening session with City Council and key staff to brainstorm vision plan for downtown and various buildingstpossible theme for architecture 5. Series of City listening sessions with citizens. Themes will be: a. Who is Yorkville and What is Essence of Downtown? (End of October/November I s ') b. What Do We Want to Do When We Grow Up? (municipal facilities) (Novemberl st) Page 4 of 11 6. Public meetings will be held to assist in defining community image with past, present and future vision 7. Conceptual design options 8. Middle of October—begin digital based drawings 9. Concept drawings of landscape, signage, lighting 10. Mid- November -- retail economic analysis/financial workshop 11. Meeting with Council and City staff outside normal meeting dates in mid - November, final meeting in January 12. Cost review for municipal facilities for budgeting 13. Mid - March -2 separate reports for downtown vision and for municipal facilities Alderwoman Burd asked how Yas/Fischel planned to market the downtown if the downtown businesses do not agree with the plan Meetings will be held with citizens and a brochure will be printed to promote the City. Ms. Burd stated there is a strong feeling against growth and change within the City. Yas/Fischel would meet with these owners one -on -one to explain the City's goals. The Mayor pointed out that no business owner would be forced to do anything. He also said that a plan will be formulated giving the business owner the opportunity to change and many grant approvals are predicated on having a plan in place. The Mayor stated he would be willing to work with any business owner on any plan or ideas they may already have. The discussion turned to a letter written by Kelly Kramer regarding her recommendations for revisions in the plan presented byYas/Fischel. They included the following points: 1. Reimbursible expenses 2. Interest on overdue accounts 3. Deletion of mediation clause 4. Inclusion of a termination clause In addition, Mayor Prochaska recommended that all documents become City property. Alderman Sticka asked what was included in the reimbursible expenses. These expenses would be comprised of outside printing services, messenger costs, etc. Mayor Prochaska felt these would already be covered in administrative costs and disagreed with an extra 15% on mileage. Yas/Fischel representatives stated that reimbursibles represent 6% of their total fee. The committee then discussed the projected start date of October and if this item should be moved forward. Alderwoman Spears asked if any money was allocated in the budget. Ms. Pleckham replied that though the money had not been allocated in the budget, there was a large amount of money in Building & Zoning that could be used. She recommended revisiting the costs as the project moves forward. Mayor Prochaska noted that the fee of $120,000 does not include reimbursables which would add $3,000 - $4,000. He recommended that the fee not exceed $120,000 or the matter would have to be referred back to the City Council. Ms. Pleckham Page 5 of 11 will examine the budget for the funding by next week. Yas/Fischel also noted that Administrator Graff would like to see the costs spread over two fiscal periods. This presentation concluded at 7:55pm. Detail Board Report Bill Listj Many questions were brought up regarding the bill list. Among those more specifically discussed were: • Cost of hotel & seminar for Parks employee, Scott Sleezer. It was noted that these costs will be billed back to Parks & Recreation. • Bart Olson intern fee • Total of operating supplies — Alderwoman Spears asked for more detail on these items. She noted that she had asked for this detail last year. • ServiceMaster cleaning bills --it was noted that a mat service was discontinued in favor of ServiceMaster cleaning the mats. Items Recommended by Committee for Consent A eg nda L Building Permit Report forAugust 2004 -EDC 9120104 The building permit report was moved forward to the City Council Consent Agenda. Mayor L Coffee with the Mayor Mayor Prochaska noted the next coffee is September 25" at the Yorkville Chamber of Commerce. Z Resolution Establishing Time and Place For Countryside Center TIFPublic Hearing A resolution will be drafted stating there will be a public hearing held November 23` at City Hall. There is a plan on file that can be viewed. Ms. Kramer stated that the City Council needs to make a recommendation for a City Council member to be a representative on the joint committee of all the taxing districts. The joint committee includes the County, schools, community college etc. Mayor Prochaska asked for any volunteers to contact him 3. Development Attorney Recommendation by Mayor/Staff This matter concerns the sewer line that developers intend to run to the North and the documents that need to be drafted concerning this line. Mayor Prochaska noted there could be some conflict with the City Attorney who might already represent landowners in this area. Page 6 of 11 At this point, Bob Kenny of the firm Schain, Burney, Ross and Citron, Ltd. introduced himself. He gave an overview of his firm and stated that his firm does land use and development work and sometimes acts as special counsel. The firm brings the benefit and expertise of representing various developers and municipalities. Mayor Prochaska stated that this firm was recommended by the bond counsel to handle the shared cost of the Rob Roy Creek interceptor expansion agreement. Alderwoman Spears asked if our legal counsel suggested there might be a conflict of interest. It was noted that the City Attorney may have represented some of the current property owners. Alderman Sticka asked who would pay the legal fees of this project. The majority will be paid by the developers according to the Mayor. A lower hourly rate would be charged to the City than for the developers, stated Mr. Kenny. The lower rate is the "municipal rate" since the City is not doing this for profit. There is no retainer fee for using this firm, just the hourly charge. Ms. Pleckham suggested changing the language to reflect payments being due in 30 days rather than IS days. This was agreed upon. Mr. Kenny's presentation concluded at 8:30pm. This item moves to the City Council agenda for consideration. 4. Overlay Ordinance This item was briefly discussed since no information was included in the packets. S. Heartland Circle Reimbursement — Johnson Street Water Main The exact dollar amount will be requested for the work that was completed three months ago. Mayor Prochaska requested all documentation by Friday. 6. Yorkville Intermediate School Public Dedication October 13th This item was for information only. Economic Development Committee L Fire Department Requestfor Development F'eelFacility Planning Study Alderman Sticka noted that additional justification for impact fees had been requested of the Fire Department. He said the Fire Department did the research themselves and presented a very comprehensive report. i Page 7 of 11 Chief Mike Hitzemann said the report was based on a projected growth in new areas, of three persons per household. Mayor Prochaska added that 100% buildout would equal 9,600 units or 27,000 additional people. The Chief also said that a paid staff of firefighters will soon be needed which is approximately 70% of a fire department budget. Alderwoman Burg asked how soon a ladder truck would be able to be purchased. Chief Hitzemann replied he thought one would be purchased within the year and noted that it can be used horizontally as well. She commented she was appreciative of the cooperation between the City and Fire Department. It was also noted that money received upfront from developers must be used for capital purchases only, while money gained as a result of a referendum can be used for operational costs. It was noted by the Mayor that commercial areas have less of an impact on costs due to stricter building codes. The Mayor will ask the attorneys to review this request and give a recommendation. Alderman Sticka and Kot support a fee of $1,000 per unit and the Mayor added that the Council also supports the $1,000. There will be a recommendation to the Council by Friday. Attorney Kramer will discuss the recommendation with Chief Hitzemann. This item will move to City Council for consideration next Tuesday. I 2, Revised Landscape Ordinance Alderman Sticka stated that a revised version of this ordinance had been requested. The Mayor added that an addition to the ordinance was a permit to remove large trees from property and the preservation of trees. Mr. Graff previously met with some developers regarding some of the developers' concerns. It was noted that some architects felt the ordinance was lenient while others felt it was strict. Alderman Sticka suggested a public viewing of the revised ordinance. Ms. Burd suggested that language should be included that would "encourage replacement" of trees which are removed. It was suggested that perhaps Mike Schoppe could explain the ordinance at a future committee meeting. Richard Guerard of Wyndam Deer Point commented that in his developments he found that when the utilities are in the fronts of the property, there must be a flexible code in place if many trees are desired. He noted that utilities run in straight lines and utility companies cannot work around trees and often the trees die. Attorney Kramer noted that these issues must be negotiated in PUD agreements. This item will be brought back to C.O.W. for further discussion. Page 8 of It 3. Appearance Code Ana Kurtzman commented on the revisions made in the appearance code including flexibility of masonry material, loading bays and multi - family housing. Alderman Sticka said that a builder had stated that masonry might not meet the required result. Mr. Sticka also felt that the existing industrial park should not be held to the same standards as a newly built area. Mayor Prochaska felt that "city arterial or collector" should be added to the language in addition to a "city or county highway ". An owner of a 4.25 acre lot in the Fox Industrial Park, Brian Betzwiser, then addressed the committee. He explained he applied for a building permit based on the building codes in effect at that time. He believes that the building he proposes to build will be attractive without the use of masonry on all four sides as proposed in the Appearance Code. Mayor Prochaska said perhaps a sunset clause or a time limit is needed in such situations. An appeal process is another option. Joe Wiseniewksi of Wise Construction then spoke. He stated he had attended the last meeting and made reference to the fact that there was discussion at that meeting, to remove language saying all outside finishes had to be masonry or block. He said that language was not included in the revision. Mayor Prochaska added that if a building is along a street, there must be 50% masonry. However, he stated there needs to be some flexibility in the code since the intent is not to force each proposed structure to come before the facade committee. Alderwoman Burd suggested that each building built along major arterials should come before the facade committee. Ms. Kramer also said specific districts could be identified for certain facades. She added codes are written with non - specificities to allow for changes in the market. Alderman Kot said he believes this proposed code is better than the current one, but favored not having a sunset clause, and forcing everyone to follow the same standards. Alderman Sticka and Alderwoman Spears did not agree, saying new standards should not be imposed in areas like the industrial park that is nearly built out. Alderman Kot felt a 5 -year sunset clause was too lengthy, however, Mr. Betzwiser has a 4 -year buildout plan that could also be affected by economic conditions. Mayor Prochaska asked Ms. Kramer to research whether or not clauses could be approved for specific areas. The consensus of the group was to allow a sunset clause. Mr. Wisniewski added that current industrial park building owners wanted to make changes and this ordinance will encourage them to do so before the sunset clause expires. This item will be brought back to the next C.O.W. for a final review. Page 9 of 11 4. Fox Hill Amendment to Annexation & Planned Unit DevelopmentAgreement A public hearing was previously held on this matter and Attorney Kramer noted that the Council had requested one change to the agreement. It was requested to attach a copy of the building footprint to make sure the multi - family housing conforms and change the language on the agreement. This item moves to City Council for consideration. S. PC 2004 -13 Raintree Tillage Units 4, S & 6 Final Plat, EDC 9 -20 -04 Alderman Sticka reported this development had been reviewed by EDC and Plan Commission. These committees commented that this plan was very clean and straightforward. This proceeds to City Council 6. Fox and Kendall Township Land Resource Management Plan Update Schedule and Request for Funding Assistance — EDC 9 -20-04 Attorney Kramer reported that Kendall County is updating its Land Resource Management Plan in Fox and Kendall Townships. A letter addressed to Mayor Prochaska asked for assistance in the amount of $2,000. Ms. Kramer noted that no money had been requested when other township plans were updated and that any such contribution was at the discretion of the Council. The committee questioned why the County was requesting monetary help. The consensus was that since Yorkville is doing its own comprehensive plan, the committee prefers not to contribute the money. No further action will be taken Park Board 1. Beecher Parking Lot REP Aesulls Laura Brown reported she had received 2 bids for resurfacing of the Beecher parking lot. Aurora Blacktop is the recommended contractor. Mayor Prochaska said this project needs to be a priority due to use by the senior population and young children. This is a budgeted line item and Ms. Brown reports the work can be completed before October 31 ". Mayor Prochaska recommended this be forwarded to City Council consent agenda to accept the bid. i Page 10 of 1 I Public Works Committee 1. Subdivision Control Ordinance — COW 8117104 & COW 91704 This item was tabled from a previous meeting. Ms. Pleckham asked for time to review the item and then have it brought back to a future meeting. Ms. Kramer added that there were comments on some of the street names. Mayor Prochaska asked her to review the addition of an effective date to the ordinance. This ordinance will move forward to the City Council for a vote. Public Safetv Committee There was no report. tin C Admmistra o C m ttce I. Budget Summary Report for July 2004 — Update As of July 31 �", the budget is 25% to the fiscal year, revenue received is 19.62% and expenses are about 15.3 %. Alderman James said these figures show the budget is on track for the year. 2 Payroll Direct Deposit — Update — Admin 919104 Direct deposit for City payroll will be implemented soon This item will move to the City Council consent agenda for a motion. 3. NIU Graduate Internship Program Contract Admin 8112104 & COW 91704 This item formalizes the training agreement for the intern, Bart Olson Item moves forward to City Council consent agenda. 4. Salary Survey: Mayor, Aldermen, Clerk & Treasurer — Admin 91904 The intern recently completed a survey of salaries paid to other area aldermentwomen and furnished charts showing salaries for various elected officials and graphs showing the salaries as compared to municipal populations. This issue was discussed at the Administration committee to make recommendations for salary ranges. It was then moved to C.O.W. Mayor Prochaska noted that any change in the salaries must be passed by October 6' (180 days before an election). Since that 180 -day information was not available at the Administration meeting, Alderman Kot stated he did not feel there was i Page 11 of l I sufficient time to properly evaluate this possible change. Alderman Sticka said he did not agree with the "pay per meeting" some towns use because there is much more time spent in preparation for meetings as well. There was also some discussion of monthly payments. The consensus was not to rush through this issue and to return the item to Administration for more discussion. No further action was taken. Additional Business: Eric Dhuse reported on the work being done on Rte. 47 at River Road. A left turn lane is being constructed and the work will be done at night to avoid traffic tie -ups and residents will be notified of possible construction noise. This work is being done as a result of a suggestion by the Mayor. Alderman Kot reported that IDOT is working on the traffic light sequence at both Rt. 30 and Jericho to alleviate traffic backup on Rt. 47. The in -town road project was commented on by Mr. Kot. He suggested an informational meeting with residents to make them aware of the work being done. A date will be set. Alderwoman Spears suggested that a temporary chairperson list be drafted to be used when the Mayor is absent. Mayor Prochaska made a recommendation that the committee choose a Mayor Pro Tens for a specific amount of time. A policy will be drafted and brought back to C.O.W. Finance Director Pleckham will make an inquiry regarding the type of degree being pursued by Jennifer Woodrick. This will be done at the request of Ms. Spears. Attorney Kramer noted this could not be further discussed under additional business. Mayor Prochaska stated he had received phone calls from residents of Ward 3 asking about the sewer pipe being run under an easement. He stated a letter is being sent to residents to inform them of the actions being taken Additionally, the Mayor announced two other items: • A Public Hearing regarding the gravel trucks traveling to Lisbon Center • Meeting with IDNR to show renderings of the dam As there was no further business, the meeting was adjourned at 10:20pm. Minutes respectfully submitted by, Marlys Young, Minute Taker PLEASE SIGN. IN -- MEET T G: DATE: NAME STREET ADDRESS CITY Qn, s7bI- C lu t f m1 C 6 F4 i Tz r�o ,4.r //Y L/de / ^ A Ae4 o Lo s �tj �� 0 c- I I I /,lT�C11 01- ) l r'Y'24", re-,- 0G ez po ' nc-� e lim ✓K c�; l/,( Y Q - � 1 C k �cfL �T ae r4 1 I�