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COW Minutes 2004 08-17-04 Page 1 of 9 APPROVED 2/22/05 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE CITY HALL CONFERENCE ROOM AUGUST 17, 2004 7:00 P.M. ELECTED OFFICIALS PRESENT: Mayor Art Prochaska Alderman Wanda Ohare Alderman Joe Besco Alderman Rose Spears Alderman Valerie Burd Alderman Richard Sticka Alderman Paul James City Treasurer Bill Powell Alderman Marry Munns City Clerk Jackie Milschewski CITY STAFF PRESENT: City Administrator Tony Graff Public Works Director Eric Dhuse City Attorney Representative Kelly Kramer Director of Parks & Recreation Laura Brown Police Lieutenant Don Schwartzkopf Finance Director Traci Pleckham GUESTS: See attached list. PRESENTATIONS BKFD Impact Fee Study Fire Chief Mike Hitzemann with the Bristol - Kendall Fire District addressed the Council. He explained that the Fire Department contracted with a company to do a Future Facility Study for the fire protection district. One of the recommendations suggested was for BKFD to ask the United City of Yorkville to increase the impact fee collected from developers. He distributed the results of the Impact Fee Study (see attached) that was done at the request of the City Council. The study supports the request for an increase of the residential impact fee from $300.00 to $500.00 per single family home. Mr. Hitzemann went over the increase for commercial development which is currently at $.035 /square foot. It was suggested to increase this to $.16 /square foot. He noted that the highest fee in the area is $.15 /square foot charged by Plainfield and that Joliet charges a flat fee of $2,400.00. He stated he was not sure what was the best way to determine this rate however the current rate is not enough. Mayor Prochaska suggested that since this was not an agenda item, it be placed on the September 7, 2004 Committee of the Whole (COW) agenda for further discussion by the Council. Mr. Hitzemann was agreeable to this. This item was placed on the September 7, 2004 COW agenda for further discussion. DETAILED BOARD REPORT — BILL LIST Alderman Spears questioned the following items on the bill list: e Page 2 of 9 • Page 9, Elan Financial Services, Engineering -WCC CAD skills for $188.00 - Finance Director Traci Pleckham explained that this was for a class that the new Engineer Tech took at Waubonsee Community College. Alderman Spears asked if he had CAD training and Mayor Prochaska noted that based on the cost of the class, this was probably updated training. • Page 9, Elan Financial Services, Rec -Kane County Cougars for $46.50 — Executive Director of Parks & Recreation Laura Brown explained that this was for a children's' program. • Page 9, Elan Financial Services, Park, Natl Rec & PR Conf. for $420.00 - Ms. Brown explained that currently Park Foreman Scott Sleezer is in Colorado attending the NRPA Maintenance School where he is participating in a two -year program where he will be certified in park maintenance on a national level. • Page 9, Elan Financial Services, Park - United Air /Sleezer for $344.21 - Ms. Brown explained that this is the airfare for Mr. Sleezer. • Page 10, Elan Financial Services, Admin -WCC- Computer Classes for $341.00 - Administrator Graff explained that this was for computer classes that employees Annette Williams and Liz D'Anna were taking. • Page 15, Kendall Printing, Admin- Business Cards Bldg. Dept. for $375.82 - Administrator Graff explained that City purchases the business cards for the Building Inspectors. • Page 19, Municipal Software Inc., Admin - 1 day on -site trained for $199.00 — Mrs. Pleckham explained that MSI came out to the City to train new employees on the software. • Page 28, Seyfarth, Shaw, Fairweather, Admin -HR legal services for $775.73 - Mrs. Pleckham explained that this was for Labor Attorney services. 0 Alderman Munns asked how the reimbursement for meals for out -of -town travel was handled. Ms. Brown explained that Mr. Sleezer will be reimbursed for these expenses when he turns in receipts. Director of Public Works Eric Dhuse explained that the share of the bill on page 11 for Gary Gates, Streets- Reimbursement of tree for $1,440.00 is $200.00. He stated he pointed out the error to Director Pleckham. Alderman Ohare questioned the rental charge on page 15, Kopy Kat Copiers, Police- Copier Rental for $288.50; she thought the City owned all the copiers. Mrs. Pleckham indicated that the Police Department leases their machine. Alderman Ohare also inquired about the charge on page 16, Kopy Kat Copiers, 7,442 @.08 & 6,582 @.01 for $661.18. Mrs. Pleckham explained that this is the charge for the color copier which is broken down into two charges; one for color copies ($.08) and one for black and white copies ($.01). Mayor Prochaska questioned the charge on page 23, Kathleen Field Orr & Assoc, Fox Industrial - 2002 & 2003 Annual TIF Report. for $232.50. Mrs. Pleckham explained that this is for the annual report that needs to be done for the Fox Industrial Park TIF. I ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA None. MAYOR Page 3 of 9 ZBA 2004 -11— Duy's Shoes & Sportswear — Sign Variance Request Mayor Prochaska reported that there has been a request from Duy's Shoes for a sign variance. They would like to add four small additional signs to the front of their store. Mayor Prochaska stated that it this was recommended 4 -0 by the Zoning Board of Appeals (ZBA) to approve the request for the variance. There was a brief discussion on the construction materials to be used for the signs. The owner of the business, Tod Duy, explained that the signs will be professionally made of 3 /a" plywood which will be sealed with polyurethane. The Council agreed with the variance. This item was placed on the August 24, 2004 City Council meeting regular agenda for approval. ZBA 2004 -12 — Beaver Street, LLC — Off - Street Parking Variance Request Mayor Prochaska reported that there was been a request from Verne Henne for a front yard setback and side yard setback for 106 Beaver Street however Mr. Henne has indicated that the side yard variance is not needed and was placed on the application in error. The variance is needed to allow for parking for the business located at that address within the front yard. Mayor Prochaska indicated that the variance was approved by the ZBA. He noted that currently the area is grass, the building was built prior to the current code and there is no parking on this side of Beaver Street. The Council agreed to allow the variance. This item was placed on the August 24, 2004 City Council meeting regular agenda for approval. Master Facility Plan Mayor Prochaska reported that the staff developed a summary of the Request for Quotes (RFQ's) presented by Bumidge Cassell Associates (BCA), Yas/Fischel and Williams Architects. Based on the information received staff feels that all the companies are capable of performing the job however they preferred BCA due to their experience and the feedback that they received regarding the company. The staff was complimented for their review and for the reasons behind their recommendations however Aldermen Spears, Sticka, Ohare, Burd and Besco stated that they reviewed the information and they preferred Yas/Fischel due to their presentation, innovative and fresh ideas. The issue of Yas/Fischel working with a local developer was discussed and Attorney Kelly Kramer stated she would verify if this posed any problems with them working with the City. After some discussion, the Council agreed to accept Yas /Fishel's RFQ for a Master Facility Plan. This item was placed on the August 24, 2004 City Council meeting regular agenda for approval. Coffee with the Mayor Mayor Prochaska reported that the next Coffee with the Mayor would be Saturday, August 28, 2004 at the Congregational Church from 9:00 A.M. to 11:00 A.M. Roadside Clean -up Mayor Prochaska asked the Council if they were still interested in doing the roadside cleanup on Saturday, August 28, 2004 at 8:00 A.M. The road to be cleaned is both sides of Route 34 from Cannonball Trail to Eldamain Road. The Council agreed to meet at the Town Crossing Shopping parking lot. Page 4 of 9 PRESENTATIONS Special Service Area (SSA) Financing Pros and Cons Peter Raphael from William Blair &Company presented the pros of SSA's for the United City of Yorkville: • Capital Improvement Programs can be accelerated — SSA's are used to fund public infrastructure development such as water, sewer systems, roads, etc. • Can provide jump start to Commercial Corridor Infrastructure — roof tops generate commercial sites and the infrastructure improvements also benefit commercial development. n n constructing public n • Comprehensive plan for funding and co truct g pub c improveme is ca n be negotiated and executed through this financing vehicle — develops a plan for who is responsible for the construction of the infrastructure, who is paying for it, etc. The municipality is aware of what funds are available from the beginning. • Increased control — SSA's allow improvements to be done above and beyond what is required. • Only the property owners that benefit are taxed — the entire community is not responsible for the improvements needed due to new development. Isolates those who benefit from the new infrastructure. Kevin McCanna from Speer Financial presented the cons to the United City of Yorkville: o Additional administrative burden — an extra fee is charges along with SSA to cover administrative expenses. Usually an outside entity is hired to keep track of SSA funds. o Homeowner inquiries and complaints — residents will receive a disclosure regarding the SSA as part of their title policy however there will always be questions and concerns directed towards the City. o Higher overall tax burden — the tax bill for residents affected by the SSA will be different from other residents. o Lack of understanding in the broker community — some brokers feel that homes with SSA's sell slower whereas others feel there is no difference. o Possible lack of disclosure to subsequent homeowners — SSA information is on the title policy of the homes affected however future home buyers may not be aware or understand the SSA applied to their property. The pros for homeowners were presented: • Optional participation — a buyer can pay more for the house and not pay the SSA each year. This applies not only to the original buyer but also to subsequent buyers. • Prepayment at any time • Lower down payment = more purchasing power • Total monthly payments similar to conventional mortgage where infrastructure is included in the price of the home • Gives the homeowner the flexibility of assuming the long -term, tax exempt rate financing or paying it off The cons for homeowners were presented: • Higher Real Estate Taxes • Resale (market acceptance and pricing) Page 5 of 9 The Council discussed the following items: o Working with local realtors to educate them on SSA's and encouraging them to educate buyers, especially subsequent buyers. o The acceleration of the SSA taxes which may go up 2% per year. Buyers are given a schedule of the SSA when the property is purchased. o Making the information regarding early payoff such as the payoff amount readily available to purchasers and requiring the sales office to provide the payoff information. o Making the SSA message consistent between all the developers in the area. Art Zwemke from MPI suggested that developers in the area use a standard form of disclosure o If SSA's were detrimental to one developer over another (i.e. do developments without SSA's outsell those with them ?) Art Zwemke explained that initially two identical houses, one with an SSA and one without, may sell at a different rate. However, over time the comparability of the houses diminishes and there usually is no difference. o The deductibility of the SSA portion of real estate tax bill when doing income tax return. Mr. Raphael explained that the SSA is a lien against the property and the portion that is interest can be deducted. It is not deducted under the real estate tax section but rather under the mortgage interest expense section. The interest portion can be determined by the SSA administrator. o Developers presenting the SSA as a requirement of the City. Alderman Sticka noted that the City is not imposing the SSA tax on anyone; it is the choice of the developer. There were no further questions or comments. ECONOMIC DEVELOPMENT COMMITTEE No report. PARK BOARD School District Facility Use a. Final Summary of Use for FY 03/04 Executive Director Laura Brown presented the final summary for facility use in fiscal year 2003/2004. The City used school facilities for a total of 1173.25 hours. She noted that not included in this study is information from the Police Department which Chief Martin is currently working on. b. Calendar Request for School Use for FY 04/05 The second part of the report is a summary of the current requests for facility usage. Ms. Brown further explained the how facilities are scheduled and how class cancellations are handled. The Council went over the report presented and asked if it could come back to them when the information from Chief Martin was received. Ms. Brown also stated that the report will be presented to the Adhoc committee for their review. This item will return to a future Committee of the Whole meeting when the information from the Police Department is received. Preschool Contract for Congregational Church Ms. Brown reported that the Parks Department has an opportunity to offer a preschool program however there is no space for it. She stated that a pre - school instructor has approached the Parks Department regarding starting a program and there have been numerous requests from residents for one. The program is strictly for pre - school; it will not be a day -care program. Staff investigated where the classes could be held and two churches offered space however one decided Page 6 of 9 to offer their own program and withdrew the offer. She stated that the Congregational Church was very good to work with and their board is in favor of the program. Alderman Ohare stated that she saw the program advertised before this ever came before the Council. Ms. Brown explained that it was advertised in order to see if there was an interest in it. Those interested paid a $40.00 refundable registration fee and were advised that a site was not confirmed yet. She stated that the classes will have a maximum of fifteen children with two instructors and 60 children have been pre- registered. She noted that there is a waiting list. Alderman Ohare also questioned the City's liability because the classes will not be held on City property. Ms. Brown stated that it is the same liability as when the City uses school facilities. She stated that she checked with the City's insurance company who verified this. She also stated that the City's Building inspectors inspected the facility and everything is fine. She explained that no license was required because it will be run by a municipality and it is pre - school not day care. She stated that all Park employees undergo a background check. The Council further discussed snow removal per the contract, fees, licensed instructors and the State's licensing requirements which do not apply. Ms. Brown stated that the church reviewed the draft of the contract and was fine with it. Attorney Kramer stated that her office also reviewed the contract and everything is in order. This item was placed on the August 24, 2004 City Council meeting Consent Agenda for approval. RFP for Parks Maintenance Facility Ms. Brown reported that the Park Board asked her to bring this to the City Council. She stated that the Parks Master Plan discussed the need for a new Parks Facility. If the Park employees were moved out of the Public Works Facility it would also create more room for them. The Park and Recreation Department is proposing to go out for Requests for Proposal (RFP) for a space analysis and design of a facility. A site has been identified in the Menard's area where the City has seven acres of park land. The facility would be on two acres still allowing for a five acre park. She explained that the site was selected by both the Park Board and staff because of the central location. This would be funded with Land Cash Funds. She stated that the Park Board wanted permission to move forward with the RFP. The Council discussed the type of building being proposed, architectural standards, the City's Master Facility Plan, the immediate need for more space for park maintenance equipment and personnel, more space for the recreation staff, the Council's input on how Land Cash Funds are being used, City Council requests for specific Park & Recreation facilities, etc. After a lengthy discussion, it was the consensus of the Council to have the Park and Recreation Department go ahead with the RFP. Alderman Spears asked Ms. Brown if she would place a community center for senior citizens on a future Park Board agenda. PUBLIC WORKS COMMITTEE Windett Ridge — NICOR Easement Request Attorney Kramer reported that NICOR has submitted a permit request for an easement that will cross over two lots in Windett Ridge; one that is a future commercial site owned by the developer Page 7 of 9 Wiseman- Hughes and the other is the site of a detention pond owned by the United City of Yorkville. She stated that Attorney Dan Kramer requested that the easements be executed separately by both Wiseman- Hughes and the City. The City Council agree to place the United City of Yorkville portion of the easement on the August 24, 2004 City Council meeting Consent Agenda for approval. Subdivision Standards Ordinance Attorney Kramer reported that a few revisions were made based on comments from the Public Works Committee and City Engineer Joe Wywrot. Mayor Prochaska noted that the ordinance is referred to as the Subdivision Standards Ordinance on the agenda however the ordinance itself states it is the Subdivision Control Ordinance. Attorney Kramer stated tht the correct title is the Subdivision Control Ordinance. Attorney Kramer noted changes regarding historical street names and to the table of contents. Mayor Prochaska asked if the wording to item #6 under 1.01.01 on page 15 regarding historical street names be changed to read "Reserve a minimum of one historical street name from the list on file in the Engineer's office or more as required by the City Council, ...." Alderman Spears stated she did not get back her original marked up copy so she had nothing to compare the new draft with. She stated she would like time to check with her original copy before voting on the ordinance. Administrator Graff stated he would ask Mr. Wywrot to return Alderman Spears copy to her. Alderman Besco asked if a developer could request a variance to an article in the ordinance. Attorney Kramer stated that they could but would have to go through the variance process. She also noted that anything in the ordinance could be negotiated in a Planned Unit Development Agreement. Mayor Prochaska suggested that the ordinance come back to the City Council on September 7, 2004 for further consideration. The Council agreed. This item was placed on the September 7, 2004 Committee of the Whole meeting agenda. PUBLIC SAFETY COMMITTEE No report. ADMINSTRATION COMMITTEE Resolution for Feasibility Study for Countryside Center TIF Administrator Graff reported that a requirement in moving ahead with the Countryside Center Tax Increment Financing (TIF) District is passing a resolution for a feasibility study and report on the project area. He distributed a draft of the resolution from attorney Kathy Orr. The study will be paid for by the developer and any cost incurred by the developer or the City can be recaptured if the TIF is approved. Alderman Burd question Section 4, page 2 of the resolution which states that the City Council agrees to reimburse itself for the costs incurred in the connection with the study and report. Mayor Prochaska explained that this section is so that any cost incurred by the City can be Page 8 of 9 recaptured. If this is not included, the cost cannot be recaptured. Alderman Burd asked if the TIF freezes the taxes of the area. Mayor Prochaska explained that the tax assessment at the time of the TIF is frozen for all the taxing bodies. Any increase in property tax is then used to pay off the improvements to the area over the time of the TER Alderman Burd asked what the average time was for a TIF and Mayor Prochaska stated that the last TIF was set up for twenty years and can be paid off earlier. Once the improvements are paid for, all the taxing bodies will benefit from an area with a higher Equalized Assessed Value (EAV). Administrator Graff stated that there are seventeen criteria for a TIF and the area needs to meet five of them for redevelopment. He explained that a pre - qualification for Countryside Center was done and now the formal qualification will be done starting with this resolution. Attorney Kramer stated that Attorney Orr will provide a presentation and a time line for the TIF approval. This item was placed on the August 24, 2004 City Council meeting consent agenda for approval. EVW Employer Contribution Rate — Committee Recommended Option 2 Finance Director Traci Pleckham reported that the Illinois Municipal Retirement Fund has notified the City that it is currently over - funded in the Employer Regular Reserve Account. They offered the option to use the overfunded amount to pay off the Early Retirement incentive (ERI) liability and/or reduce the retirement rate to a minimum rate that will maintain 100% funding. The City may select a rate based on one of four options for calculation. Mrs. Pleckham recommended Option 2 where overfunded amounts are amortized over 27 years and the ERI liability is paid off. This method will decrease the employer contribution rate for the next calendar year. Mayor Prochaska explained that the early retirement program creates a liability and it cannot be offered until the liability is paid off; this liability will be paid off with the overfunding amount. The Council discussed the other three options with Mrs. Pleckham, the amount of the contribution made by the City and employees, how the fund became overfunded, the advantages /disadvantages of the different lengths for amortization, etc. After some discussion, the Council agreed to select Option 2. This item was placed on the August 24, 2004 City Council meeting consent agenda for approval. ADDITIONAL BUSINESS Minutes Alderman James commented that he felt that too much time was being spent at City Council meetings going over the minutes for approval. He suggested trying a new method of approving the minutes at the City Council meeting. He stated that the Administration Committee discussed that the Council members should submit corrected revisions to the City Clerk and then the minutes will be approved along with any submitted corrections. The Council discussed this further and Attorney Kramer stated she would verify if this could be done because the corrections may need to be discussed in an open meeting. Alderman Spears asked if the minutes were getting caught up and Clerk Milschewski explained that she has been in touch with minute taker Gail Denton who is supposedly working on them. Clerk Milschewski explained that she gave Ms. Denton a deadline. Mayor Prochaska suggested Page 9 of 9 getting the unfinished minutes back and having someone else type them... Clerk Milschewski stated she would ask Ms. Denton to do this. Pat Summerall Productions Alderman Spears asked for an update on the funding for the Pat Summerall project. Administrator Graff stated that the City is still about $3,000.00 short however the project is proceeding and should be done by September 3, 2004. Fox Hill Parking Alderman Munns stated that the parking was changed for the new park in Fox Hill however soccer nets have been installed at the original park and cars are now double parking in this area. Mayor Prochaska asked the Public Works Department to look at the parking situation. Sergeant Hart Mayor Prochaska reported that Sergeant Hart was involved in an auto accident while off duty. He is in Copley Hospital and is doing fine. He hopes to go home tomorrow. Joint Meeting with Plan Commission Mayor Prochaska reported that City Planner Mike Schoppe has suggested a joint meeting between the City Council and the Plan Commission to discuss the southern Comprehensive Plan amendment on September 15, 2004 at 7:00 P.M. Mr. Schoppe stated that he has discussed this with the Plan Commission and they are agreeable to the meeting. Mr. Schoppe will present a draft of the plan at this time. IDOT Highway Permit Administrator Graff reported that there will be an IDOT Resolution at the next City Council meeting which allows the Hydraulic sanitary sewer line to go under Route 47. YEDC Annual Meeting Lynn Dubajic with the Yorkville Economic Development Corporation reported that their annual meeting will be held on October 20, 2004 at the Beecher Center at 12:00 P.M. The keynote speaker will be Jack Lavin, the director of the Illinois Department of Commerce and Economic Opportunities. Route 47 Petition Alderman Spears reported that she had a petition for the Route 47 expansion and she asked anyone interested to sign it. There was no further additional business. The meeting was adjourned at 9:50 P.M. Minutes submitted by Jackie Milschewski, City Clerk Bristol Kendall Fire Protection District Impact Fee Study Single Residential Multi- Residential Commercial Notes / Other Bristol Kendall Fire - Yorkville $300.00 $300.00 per unit $0.035 per sq ft Commercial $300 min. Little -Rock Fox - Plano $500.00 $0.00 Oswego Fire - Oswego $304.39 $456.58 $608.78 North Aurora $715.00 $715.00 per unit $0.08 per sq ft Sugar Grove Fire $400.00 + plan review $75.00 plan review Joliet $1,200.00 $1,200.00 $2,400.00 Elgin $650.00 $650.00 per unit $0.15 per sq ft Plainfield $1,000.00 $1,000.00 $0.15 per sq ft Minooka $100.00 $100.00 Aurora $325 per acre + $250 $325 per acre + $150 unit $0.15 sq ft non sprinkler $0.05 sq ft sprinkler Montgomery - Countryside No growth in there Dist. $200.00 plan review Bristol Kendall Fire - Request $500.00 $500.00 per unit $0.16 per sq ft wi $500 min. Plan review fee (TBD) An example - 5000 Sq Ft commercial building @ $0.16 per Sq Ft = $800.00 Committee of the Whole Meeting August 17, 2004 PLEASE PRINT NAME: ADDRESS: j y 611 A)A L D/LA 135 6, y� - m i e-kAet H, SIGNIN