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COW Minutes 2004 07-20-04 Page 1 of 11 .APPROVED 10/26/041 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE Council Chambers July 20, 2004 - 7:00 p.m. In Attendance: Cit-V Art Prochaska — Mayor Harold Martin — Chief of Police Wanda Ohare — Alderwoman Laura Brown — Exec. Director Parks & Recreation Rich Sticka — Alderman Eric Dhuse — Director of Public Works Paul James — Alderman Bill Powell — City Treasurer Rose Spears — Alderwoman Kelly Kramer — City Attorney Larry Kot — Alderman Tony Graff — City Administrator Joe Besco — Alderman Guests Don Peterson Jan Usilton (spelling ?) Birgitt Peterson Georgia Krause Dan Waitt — Beacon News Bruce Sperling — Triangle Inv. Patrick Leit — Marker Ed Welch Derek Knight — Marathon Cara Behrens — Travel Services of Yorkville Cheryl Jones — Marathon Kathy Farren — Kendall County Record Clayton Marker — RMA Inc. Shannon Leer Lighthouse Academy Gregg Ingemunson — Attorney The meeting was called to order by Mayor Prochaska at 7:02pm. MAYOR 1. Master Facility Plan The Mayor announced that the Master Facility Plan would be moved to the end of the meeting. 2. Intergovernmental Agreement With Forest Preserve This item was tabled since Attorney Dan Kramer had been in court during the week. 3. Greenspace — Countryside Property Owners A town meeting will be scheduled with residents to hear their opinions regarding the disposition of the open space. Attorney Kramer stated that the Forest Preserve will possibly take control of some of the area and the local residents may gain some of the property by adverse possession. Ms. Kramer noted that two residents had been maintaining some of the area by the pond and would possibly make a trade for ownership of part of the property by exchanging some for a Forest Preserve trail. Page 2 of 11 Mayor Prochaska suggested bringing this item back to the next C.O.W. meeting on August 3 rd with some suggested dates for the town meeting. A possible location would be the church 4. Marathon Petroleum Zoning Variance Request Mayor Prochaska reported that a new plat and landscaping plan had been submitted. Attorney Ingemunson reported that a variance for the trash bin is being withdrawn and that a 30 foot buffer would be needed for the landscape plan. The 24 -hour operation is the main issue and Mayor Prochaska stated that Speedway can be open 24 hours. Now the remaining issue is the improvements. The Mayor opened the floor to discussion. Alderwoman Ohare noted that residents near the Oswego BP Amoco had protested the height of the lights. Derek Knight reported that lights would be minimal and would meet City standards. If it became a problem, it would be addressed by Marathon. Alderman Sticka asked if there was a city ordinance governing the brightness of the lights and he also commented that in the Zoning Board minutes, Speedway stated a willingness to maintain lower light levels. Mr. Knight reported that he thought the level was .5 foot - candles adjacent to residential. He also said Speedway would have flush mount lights with lights under the canopy, but not on the sides of the canopy. Ms. Krause asked if mounting a shield on the canopy was a possibility to which Mr. Knight replied the lights are already recessed. Free - standing lights will be erected over the tank area only. A suggestion was made by Alderman Kot to alter the exterior building fagade to reflect an old- fashioned flavor as he considers this business to be an extension of the downtown area. Mr. Knight replied that Marathon has standard buildings; however, he said decorative lampposts could be considered to match those at the adjacent bank. Mayor Prochaska also suggested lintels for the building. The current color scheme is in split face architectural block, brick red and mocha brown in color with a blue tile band around the building. However, awnings may be a possibility for the building according to Mr. Knight. More suggestions from City staff were solicited by Mr. Ingemunson. The surrounding wall was then discussed. Alderman James stated that he did not want to see children/patrons having to walk around to Rt. 47 to gain access to the property. Mr. Knight stated that the sidewalk in the back could be extended on the west side of the building and due to the darkness of the sidewalk in the back, foot level lighting and cameras could be installed. Page 3 of 11 Alderman Sticka stated that residents' prime objection, as he understood it, was the 24 -hour operation. Attorney Kramer interjected that the building was built in 1967 and there were no regulations in place at that time governing hours of operation. The Mayor summarized that even if variances are not granted and no improvements are made, Speedway may still elect to be open 24 hours. Ms. Jones added that no decision had been made as to the disposition of the building if variances aren't granted. Marathon also feels there is no flexibility possible for the 24 hour operation as they wish to stay competitive with other gas stations in town. Ms. Krause stated her objections to the hours and said her neighbors agreed. She also added that already there is trouble with people "picnicking" in the area. The possibility also exists that the building could be sold and another business would operate 24 hours a day. The possible regulation of operational hours of nearby businesses was discussed and Mayor Prochaska cautioned against regulating the hours of other businesses on a discriminatory basis. Attorney Kramer suggested this issue should be discussed at the next EDC. i Alderman Kot said that he has received calls from residents in his ward and none of them are in favor of the 24 -hour operation. He did not feel these hours are appropriate for this neighborhood and suggested midnight to 5 am as trial hours. Mr. Knight responded that Marathon has already compromised on many issues, but the 24 -hour operation is not negotiable. Ms. Jones added that the 2 -3 clerks on duty at night might actually assist in the "policing" of the property. She also said that the current hours of operation are 5 a to IOpm and that some 24 -hour stores have fewer hours in the colder months. It was recommended by Attorney Ingemunson that the plans be moved forward as submitted, except for possible facade changes. Mayor Prochaska reiterated that there would be plantings along the wall as requested by Ms. Krause and that a crosswalk is needed on Fox St. A prickly evergreen type planting was suggested by Ms. Krause to prevent people from climbing on the wall. This item will move to City Council (under Economic Development) with Attorney Ingemunson providing updates in writing so a vote can be taken. Mr. Knight also stated that as a condition of the permit, it could be written into the agreement that Marathon will meet the conditions of the city landscaper. S. Intergovernmental Agreement with School District This agreement had been drafted by an Ad Hoc committee and Mayor Prochaska asked to have this included on the agenda. Dr. Engler has reviewed this agreement and did not make any changes. The Mayor recommended one revision regarding point #2 - School Police Officer. After speaking with Dr. Brenart, both of them agreed to add to point b: "unless mutually agreed by both parties". Page 4 of 11 It was requested to have a revised copy available for all aldermen/women by Friday. Ms. Brown stated that the Park Board has already reviewed the agreement. Alderman James recapped the agreement noting that it seeks to avoid transfer of funds between the City and School and that the agreement will be reviewed after a year, though the agreement is for three years. Alderwoman Spears questioned why the C.O.W was receiving this document so late with the renewal date in one week. The Mayor pointed out that a representative of the Council was on the Ad Hoc committee, which drafted this new agreement. Mayor Prochaska stressed the importance of solidifying this agreement and he also stated the school schedules depend on the approval of the document. ---------------------------------------------------------- --------------------------------------------------------- CITY TREASURER 1. Treasurer's Reports for February and March 2004 The February and March reports were presented. The amounts will increase when the real estate taxes are paid and the Mayor stated that sales taxes will be credited back as well. He said this is the first time Parks & Recreation and the Library have been included in treasurer's reports. Treasurer Powell also reported that he hoped to have the April report finished for the next C.O.W. meeting. Alderwoman Ohare complimented the Treasurer on the reports and Mr. Powell, in turn, credited Traci Pleckham for her work on these reports. This item moves forward to City Council consent agenda. --------------------- ------------------ ------------------- ----------------------------------------------------------- (out of order -I" item on agenda under Minutes for Approval) 1. Adhoc Tourism —January 12, 2004 This item will be tabled until the next C.O.W. due to the absence of Alderwoman Burd who spearheaded the Ad Hoc committee. -------- ECONONIIC DEVELOPMENT COMMITTEE 1. PC 2004 -09 Richard Marker & Associates — Special Use Request for 708 E. Veterans Parkway This item came from the Plan Commission with a unanimous recommendation to approve a circular drive and add parking to a new daycare center. This item moves to the City Council under the Economic Development agenda. I Page 5of11 2. PC 2004 -10 Cara Behrens Rezoning of 801 N. Bridge Street This item came from the Plan Commission with unanimous approval and a recommendation for a development agreement similar to the one for Accessible Living. Ms. Behrens and her attorney, Gregg Ingemunson, were asked to bring that agreement to the next C.O.W. meeting and deliver it to City Hall by July 29th. Ms. Behrens will be closing in mid - August on this house, located directly south of the new dentist office on Bridge Street. Landscaping and parking plans will need to be discussed when this item is brought back to C.O.W. on August 3` Administrator Graff requested Mr. Ingemunson to meet with him and Mike Schoppe after the next Plan Commission meeting. ----------------------------------------------------------- ----------------------------------------------------------- 3. PC 2004 -02 Cornerstone — Preliminary /Final Plat The Plan Commission unanimously recommended this plat for approval, subject to any recommendations by the staff. Cornerstone is putting a conservation easement on the west edge of the property similar to the one at Prairie Gardens. Mr. Graff noted that a resolution would be needed to approve the plat. The Mayor reminded the committee that this is a development at Greenbriar and Rt. 47 with commercial at the front of the property and 41 lots for residential use. This item will move forward to City Council if all paperwork is completed on time. ----------------------------------------------------------- Mayor Prochaska then opened the floor to two guests, Birgitt and Don Peterson of 3025 Bristol Ridge Road. Ms. Peterson stated the following. On June 22 she appeared before the City Council with a request to modify or amend the noise control ordinance 2001 -10 (construction noise). One month has passed and she has not had communication with any of the elected body regarding this request. She asked if she needed to appear before any other city committee. In addition, she stated there are 52 homes in the River Ridge subdivision and she would like to have a construction schedule implemented from approximately lam to 6pm during the week and lam to 2pm on Saturday that would be agreeable to all the residents of those 52 homes. She checked with Oswego to ascertain their construction decibel level, which she found to be similar to Yorkville's level. She also said that Oswego has annexation agreements with developers that spell out the permissible work hours. She asked the City Council to please consider a limitation on construction hours. Mayor Prochaska stated that the annexation agreement is already in place for the construction area near the Petersons, however, he stated future agreements could be negotiated with future developers. Mr. Don Peterson then spoke. He thanked the City for their cooperation in obtaining documents he requested, but noted there was one document he had not yet received. He had requested the C.O.W. minutes of January 20, which are not yet Page 6 of 11 complete. His attorney has asked for them since the Bristol Ridge Road construction was specifically discussed in that meeting. Mayor Prochaska asked that the City Clerk be notified that the completion of these minutes should be made a priority. Mr. Peterson wished to clarify what he feels are the main issues concerning the Bristol Ridge Road reconstruction. He said that safety and the esthetics of the road are the important issues. He further stated that the City had agreed not to place curbs on the outside of the road, but then moved them to the center of the road instead. Mr. Peterson has been unable to find any other median on a 2 -lane road in the County. If medians must be constructed, he suggested a 4 -lane road. He also stressed that it was his understanding that all future expansion would be taken from the east side of the road rather than taking property from the existing homeowners on the west side. The 300 foot median is also a potential snow collector according to Mr. Peterson. Mayor Prochaska then took the floor. He said he had a conversation with the engineer regarding removal of medians in Boulder Hill. Those medians were being removed due to people driving over them since the medians were in front of the driveways. The Mayor also asked the engineer about the shoulders of Bristol Ridge Road. They are about 6 -8 feet wide and could be made wider, but would require the reshaping of the swale. The Mayor stressed that the shoulders will be wider than on most roads, however, they will only be wider where the medians are present. He also said that photos of possible landscaping vegetation will be obtained. Alderman Kot asked if EEI had drawings regarding the medians and said he would like to review them. Mr. Peterson stressed that the medians on a 2 -lane road are not safe and stated that safety is the issue. He again asked where any other medians have been built in the county. Ms. Birgitt Peterson further stated they do not wish to lose their 45 -year old trees. Mayor Prochaska assured them no construction would go past the ditch and the intent is to maintain a rural flavor on Bristol Ridge Road. Mr. Peterson said there was an inconsistency is keeping it a rural road, yet putting medians with street lights on them. In conclusion, Mr. Peterson strongly urged the committee to please reconsider the median issue. The Petersons thanked the committee for their time. PUBLIC WORKS COMMITTEE I. Agreement with YBSD for, Rob Roy Creek Interceptor Attorney Kramer stated that the agreement is acceptable as written. This item proceeds to the City Council consent agenda. ------------------------------------------------------------ ----------------------------------------------------------- I Page 7 of 11 Z Engineering Agreement for North Branch of Rob Roy Creek Interceptor and.. 3. Engineering Agreement for East Branch of Rob Roy Creek Interceptor Mr. Graff stated that there are two agreements for the two tributary lines from the east and west side of the interceptor. One developer, Westbury, was asked to front - fund the fees. Centex is already front - funding their fees and requested approval subject to payment of their fees. Pulte will be developing the north branch. Since Pulte is going to meet with Deuchler and Associates, it was recommended to bring this item back to the committee. These agreements will move forward to the consent agenda, subject to fee payment. ----------------------------------------------------------- -------------------------------------------------------- ADMMSTRATION COMMITTEE 1. Fund Balance Reserve Contingency Fund Policy Mr. Powell reported this item has been worked on for some time as the auditors had recommended such a policy -- currently there is no such policy. Input for the policy was also received from other City personnel: Traci Pleckham, Tony Graff, Mayor Prochaska and the Administration Committee. This policy was brought to the Committee of the Whole for approval. Paul James, Chairman of the Administration Committee, gave a positive recommendation from Administration. Mayor Prochaska reported that statutes mandate that a policy is needed or excess funds are to be expended for capital purchases. This will set a policy on the amount that can be saved. Mr. James said the policy is needed now with all the new growth and will provide a reserve of cash in less prosperous years. There are two funds that fall under this policy: 1. Contingency Fund (similar to a personal checkbook, used for day to day expenses) 2. Fund Balance (for emergencies to fund City expenses for a 3 -month period and would require City Council approval to move money from this fund). Mr. Graff stated that the City now has a little over $1 million dollars in this fund. Alderman Sticka said he has always felt cities should not having savings accounts, however, the Mayor pointed out that having these types of funds is fiscally responsible. He further stated these funds are needed in the event of an economic crisis or reduction/cessation of certain state funding. Mr. Powell explained that if the funds grow excessively, some would be returned to the General Fund. The City has also benefited by gaining a higher bond rating from Standard and Poor of "A +" which is an excellent rating for a small community. Page 8 of 11 Alderman Sticka asked where the funds originate for the Contingency Fund. This is a line item. A special meeting would be called and a vote taken, to use funds from the Contingency Fund. An example of such a use would be for broken equipment like the recent Public Works repairs. Any expense over $5,000 would require action by the Council. Attorney Kramer pointed out that use of this money does not require an emergency, it can be an item that would be practical to complete at a given time. Alderman Kot stated that he appreciated the Treasurer drafting this policy and thought it was a very sound policy. This item moves forward to the City Council consent agenda. 2. Records Disposal Service Several items on the Shred -Co contract were questioned by Alderman Besco. 1. Item 5 states "see below" - this is unclear. 2. Item 8 stated a 4% increase is allowed annually per shredding service. He questioned if this means annually or per each service. 3. The bottom of the contract, point #2, indicates $17.00 for each additional console. Alderman Besco felt that no additional console bags would be needed outside of the initial service agreement. Clarification on this wording will be obtained. Alderwoman Ohare mentioned that no total cost is actually shown and that clarification is needed on the breakdown of costs. This service will be monitored and Administrator Graff pointed out that this contract allows for termination after 30 days, if the service is not satisfactory. It was noted that several segments of the contract deal with termination of services, which lead to some confusion. In concluding this discussion, it was agreed that several parts of the contract need clarification This item will be brought back to C.O.W. ----------------------------------------------------------- --------------------------------------------------------- DETAIL BILL LIST (Out of Order from Agenda) The following items on the bill list were questioned: 1. Page 20 — Nelson Enterprises annual events: advertising for car show, Farmer's Market, Riverfront festival etc. Alderwoman Spears suggested the City use the cable station as well, to advertise events. 2. Page 11— AOL for Recreation listed twice: 2 months worth of service 3. Page 11— Item #17 Recs Frisbee Golf: purchase of equipment to test level of interest for this item. If popular, this event will be set up for Riverfront Festival. Page 9 of 11 4. Page 2 — AT &T expenses long distance calls, also p. 26, long distance, large amount of bill was questioned: Eric Dhuse explained that Public Works has 4 -5 lines dedicated for the wells and Mr. Graff also stated many calls are made to Springfield as well. Alderwoman Spears requested a copy of the calls to Springfield. 5. Page 27 — Aerial photography on Game Farm Road: for the school 6. Page 3 — Camera vault: repair for VCR for squad car vault. 7. Page 3 — City Tech public salary surveys: City has subscription to this agency for job descriptions, salary surveys 8. Page 11— GFOA Conference: Traci Pleckham's conference in Milwaukee 9. Page 20 — Nicor utilities relocation: money was reimbursed from Grande Reserve The bill list will moved to the City Council consent agenda. MAYOR (agenda item out of order) 1. Master Facility Plan Mr. Graff reported that the respective planners had been reviewed and were rated on downtown development. BCA was well qualified because they finished under budget, worked well with City Council and used a local engineer. He also stated that joint pre - conferences were done with all three planners to review the City's needs. It was noted that Williams was highly rated for recreation and parks. Alderwoman Spears reminded the committee that there were some difficulties with BCA in the construction of City Hall. She requested a summary of how /why the recommendations were made. The Mayor asked Mr. Graff to assemble a listing of the specific issues upon which the ratings were based. Alderman Sticka also asked for opinions from other clients who used these planners.. It was noted that not all of the required money for this project, is currently in the budget. Mayor Prochaska suggested that the committee members review all the materials concerning this item and it would be discussed again at the next C.O.W. on August 3 rd ADDITIONAL BUSINESS Alderman Spears asked at what salary the receptionist was hired. The salary was set at $10.50 per hour. Alderman Spears also asked how the backlog of meeting notes was being addressed. Mayor Prochaska reported that City Clerk Jackie Milschewski is working on some Page 10 of 11 of the backlog herself and is working with Minute Taker Gail Denton to finish her backlog of minutes. A new minute taker has also been hired. Ms. Spears suggested working with Aurora University to hire some additional help. A suggestion was also made by Mayor Prochaska to advertise this on the cable station. A Park Tour will be held on the coming Saturday with the public and press invited. It was questioned if a School Ad Hoc committee would be held the following night. The Mayor said it would most likely be cancelled. Alderwoman Spears asked if joint funding would be done with the County for the Blackberry Creek watershed. The Mayor reported the County had not commented yet. Alderwoman Ohare reported a real estate person had noted that Riverfront Park was superior. Ms. Brown noted that a shelter will be constructed this summer. Mr. Powell said that the Police Pension Board has hired a consultant to do calculations, which will affect tax levys in the future. Chief Martin stated that a meeting had been held with RICP (Regional Institute of Community Policing) regarding the city disaster plan and they will award the City $10,000 to be used towards the plan. They will meet again on August 11. Mayor Prochaska reported he had met with the village of Montgomery President Michelini, their Administrator, Yorkville's two attorneys and Administrator Graff. Items discussed were: • Boundaries • Transportation issues • Road alignment • Regional stormwater • Development at Rte. 47 & 30 • Property east and west of Dickson Road • Joint projects such as Blackberry Creek watershed • Possible joint Council meeting at a later date They will meet again on August 17 The Mayor asked for input from the committee members before that date. ----------------------------------------------------------- ----------------------------------------------------------- Page 11 of 11 EXECUTIVE SESSION At this point in the meeting, Mayor Prochaska asked for a motion to proceed to an Executive Session to discuss the purchase or lease of real property for the use of the public body. He requested the following people to also be present: City Attorney, Minute Taker, City Administrator and the Treasurer. Alderman Kot moved and Alderwoman Ohare seconded a motion to move into Executive Session. Roll call was taken by the Minute Taker and the following committee members were present and approved the motion: Larry Kot -aye Joe Besco -aye Rose Spears -aye Paul James -aye Wanda Ohare -aye Rich Sticka -aye Motion carried unanimously. The main portion of the C.O.W. meeting concluded at 9:35pm and a short break was taken before the Executive Session. The Executive Session commenced at 9:45 and concluded at 10:25pm. (Minutes for these respective sessions are transcribed on separate documents). No formal action was taken in regard to these discussions. Mayor Prochaska adjourned the C.O.W. meeting at 10:25pm Respectfully submitted by Marlys Young, Minute Taker PLEASE SIGN IN, MEETING: 6 o W, DATE: °7- 2 a -- o � 'STREET EET ADDRESS CITY I , d � 3 t� � d 5 c kc�o- Il Co , l � 1 l� 1'�a, # P-elemm 44 ms S I( ,pA j 3d3 O &J /3 �, b b W 06D Z- 1 Yil DEREv- k 1 (+-1 -- to x )24 l� f 4T les, l(e. . a�