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.
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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Attorney Ingemunson reported that a variance for the trash bin is being withdrawn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.
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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.
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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".
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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.
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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.
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(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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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