COW Minutes 2004 09-21-04 << i
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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.
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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
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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)
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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