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COW Minutes 2004 06-01-04 Page 1 of 9 APPROVED 9/14/04 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE CITY HALL CONFERENCE ROOM JUNE 1, 2004 7:00 P.M. ELECTED OFFICIALS PRESENT: Mayor Art Prochaska Alderman Larry Kot Alderman Joe Besco Alderman Marty Munns Alderwoman Valerie Burd Alderwoman Wanda Ohare Alderman Paul James Alderwoman Rose Spears Alderman Richard Sticka City Treasurer Bill Powell City Clerk Jackie Milschewski CITY STAFF PRESENT: City Administrator Tony Graff City Attorney Dan Kramer Police Lieutenant Don Schwartzkopf Public Works Director Eric Dhuse Director of Parks & Recreation Laura Brown Finance Director Traci Pleckham GUESTS: See attached list. PRESENTATION Representatives from Williams Development presented a Request for Qualifications (RFQ) for the City's Facilities Master Plan. See attached. Mark Bushhouse, Principal and Municipal Expert for the firm introduced the consultant team: • Mike Williams, Principal, CEO and Recreation Expert • Pete Pointner, Principal and Urban Planner • Keven Graham, Principal and Land Planner. The team explained the process used to develop the plan: • Understanding the situation - Mike Williams explained that he has previously worked with Executive Director of Parks & Recreation Laura Brown in developing a recreation master plan. He explained that he works to enhance recreation opportunities in a community. • Defining the community's vision - Keven Graham explained that an analysis of the community, land use, growth and demographics, the downtown area, etc is done to a plan for the future. His goal is to draw people to the downtown, identify and maintain a sense of community and evaluate the components of the area. • Building public consensus- Pete Pointner explained that a planning advisory group is developed to be a sounding board for ideas. Interviews of key people such as business owners and historical preservation groups will be done. The public will be kept aware of the plan through workshops, open houses and media releases. He outlined a process: • Stage 1— starting point, work with advisory committee to determine challenges and opportunities. • Stage 2 — Develop alternatives — invite comments from advisory committee, public, etc. II Page 2 of 9 • Stage 3 Review draft of recommendations — build community in a cost effective manner • Stage 4 Public Hearing — hold hearing before the facilities plan is adopted to further involve citizens o Action plan - Mr. Bushhouse discussed the action plan which includes a facilities, downtown and financial plans. He summarized why Williams Development would be a good choice for the Facilities Master Plan; they have previously worked with the City and they have a good team that works well together. The floor was opened for question or comments. Alderwoman Spears expressed her concern that the plan address the concerns of seniors such as housing and transportation. She asked if anyone on the team bad experience in this area and Mr. Williams stated that he has worked for over twenty years on projects such as senior centers and has an extensive background with their needs and activities. He stated that this is a huge part of recreational and municipal planning. Mayor Prochaska asked for a further explanation of the recommended advisory committee makeup. Mr. Pointer stated that the committee usually consists of twelve to twenty -six people, representing the City Council, Plan Commission, staff, etc. The committee will identify the big issues in the community which need to be addressed by the plan. There were no other comments or questions from the City Council. Mayor Prochaska thanked the gentlemen for their presentation. CITIZEN'S COMMENTS Gary Maxwell, 8710 Route 71, (corner of Wing Road and Route 71) addressed the Council. He expressed his concern regarding a weekend event that was held at the residence at Routes 126 and 71. He stated that a band played very loudly starting at 2:00 A.M. on a Saturday morning and continued until midnight Sunday. He stated that residents in the area saw posters advertising more events throughout the summer. Mr. Maxwell reported that the music was so loud that it vibrated his windows, made if difficult to hold a conversation and could be heard as far away as Lyons Farm on Route 71. He stated that he reported the noise to the authorities however it did not stop. He finally called Mayor Prochaska at 9:00 P.M. Sunday He stated that the residents in the area would like reassurance from the city that this will not happen again. Alderman Kot noted that the City does have a noise ordinance and he asked Police Lieutenant Schwartzkopf what action was taken. Lieutenant Schwartzkopf stated that the group was cited for violating the City's noise ordinance because the residence is within City limits however the band was on property that was not within the City's limits. He stated that Kendall County worked along with the Police Department but he was not sure if they were cited by the County. Administrator Graff clarified that, per Chief Martin, the City cited the group because the music was being generated with in the City's jurisdiction. He stated that Kendall County does not have a noise ordinance but they can defer to the State's Attorney's office in regards to land use. He also noted that the City can cite them however the police do not have the authority to shut down the operation per the steps outlined in the ordinance. A court order would have been needed to shut the event down. He stated that the City is in the process of a legal review of the land use, zoning requirements, etc. Attorney Kramer stated that the City can file an injunction for a civil remedy. Page 3 of 9 Administrator Graff noted that the Police Department is meeting with Attorney Kramer to develop a strategic plan for the violation of land use. He also stated that the Police Department does need names of individual's who were affected by the event to add to the complaint and he stated that the property owner was contacted about the situation and did come out to the site. Mr. Graff stated that he saw the signs indicating a "music fest" on Friday evening and he contacted the Police Department to alert them to a possible situation. Mayor Prochaska also noted that the City's Building Department is looking at the zoning ordinance to see if there is anyway to modify it to address any future problems. Mr. Graff explained that the organizers of the event are in violation of the zoning code because they did not obtain a special use permit or special use zoning on the property. He stated that Attorney Kramer could go to court to obtain an injunction to prevent any future events. There was further discussion on food being served at the event, traffic, cars parked on Route 126, the noise ordinance and garbage left over from the event. Thomas Heise, 6610 Wing Road, read a letter dated May 26, 2004 objecting to this event and any others planned at this location in the future (see attached). There was no further discussion. The residents thanked the Council for their time in this matter. DETAILED BOARD REPORT — BILL LIST Finance Director Traci Pleckham reported that the Accounting Department has added more lines for comments on the Detailed Board Report. She stated that they have tried to include the line item or the name of the account the amount is deducted from. There were no further comments or questions. This item was placed on the June 8, 2004 City Council meeting regular agenda. ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA 1. Liberty Street Watermain — Change Order #1 2. Water Department Report for February 2004 3. Savitski Property - Letter of Credit 4. Well #7 Well House and Treatment Facility — Change Order #1 5. Grande Reserve ComEd Easements 6. Foxfield Unit 2 — Final Acceptance 7. 2004 Public Sidewalk Repairs — Bid Results 8. 2004 Asphalt Surface Treatment — Bid Results Mayor Prochaska asked the Council if they had any questions or comments. Alderman Kot noted that the Council received a follow -up memo concerning Item #3 with a date change. Mr. Dhuse indicated that the Letter of Credit was extended and this item can come off the agenda. There were no other comments or questions. The remaining seven items were placed on the June 8, 2004 City Council meeting consent agenda. Page 4 of 9 MAYOR Library Referendum Resolution Attorney Kramer reported that a draft resolution is currently under review by the City's Bond Consul. They will confirm it or conform it to the bond request itself. He hoped to get the information soon and stated it could be on the next City Council meeting agenda. There was discussion on how the referendum question should be posed on the ballot. Depending on how it is worded, a tax cap may apply. Mayor Prochaska asked that the resolution be brought back to the next Committee of the Whole (COW) meeting. He asked that the Library Board members, Kevin McCanna from Speer Financial and John Repsholdt from Ehlers & Associates attend. This item was placed on the June 15, 2004 COW agenda. Resolution Appointing Waste Facility Consultant to Provide Technical Waste Transfer Citing Services Mr. Graff stated that he requested a resolution appointing Kevin T. Dixon of Dixon Environmental Consulting to provide technical waster transfer siting services. Attorney Kramer stated he drafted the resolution but left the compensation out because this will be on an "as needed" hourly charge. There was some discussion on the development of the application for local siting approval. Mr. Dixon felt that 8 -10 hours of work would be needed to do this. This item was placed on the June 8, 2004 City Council meeting consent agenda. Proposal for Removal of the Foyer Doors Mayor Prochaska reported that Building Inspector Bill Dettmer has determined that the second set of foyer doors is no longer needed. There have been issues with the locks in the doors malfunctioning. A proposal for $3,400.00 from McCoy Construction Co was received which will cover the removal of the doors, the relocation of the exit sign, the repair of drywall at the door opening, the creation of an opening above the doorway to mimic the window in the council chamber, etc. The Council discussed that the bathroom doors, the administration office door and the elevator door can be locked to prevent anyone from getting in to these areas. Funding for the removal of the doors was also discussed. Mr. Graff stated that not all the fees from annexations that were to be used for the buildout have been collected; there is about a $280,000.00 shortage. The money for this work could be taken out of the Contingency Fund or out of the Building Reserve Fund and replenished when the developer fees are collected. After some discussion, the Council decided to remove the doors and do the other construction work later when the funds are available. Coffee with the Mayor Mayor Prochaska reported that the next Coffee with the Mayor would be held on June 5, 2005 at Yorkville Napa Auto Parts from 9:00 A.M. to 11:00 A.M. Page 5 of 9 ECONOMIC DEVELOPMENT COMMITTEE Fox Hill PUD Agreement Alderman Sticka reported that the developer has withdrawn the request for a sale tax rebate. They are asking to rezone from single family to multifamily. There was discussion regarding the developer's request for recovery of engineering costs spent on the rezoning and their petitioning the City for an Economic Development Incentive Agreement at a future date. Mr. Graff also noted that they also agreed to follow architectural standards. Mr. Graff asked Attorney Kramer if a supermajority vote was needed because the Plan Commission rejected the amendment and Attorney Kramer stated that a only a simple majority vote was needed. This item was placed on the June 8, 2004 City Council meeting regular agenda. PARK BOARD Recommendation to Rename Prairie Park Executive Director of Parks & Recreation Laura Brown reported that Scott Sleezer, Park Foreman, has recommended that Prairie Park be renamed in honor of Samantha and Theresa Eberhardt. The name suggested is Samantha and Theresa Eberhardt's Hiding Spot Park. The Park Board has recommended the renaming. The Council discussed the Eberhardt family's involvement in the development of the park, the criteria for the naming and a shorter name. Administrator Graff and Mayor Prochaska suggested naming the park "Hiding Spot Park" in honor of Samantha and Theresa Eberhardt. Alderman Kot asked Ms. Brown to discuss the name change with the Eberhardt family which she said she would do by the City Council meeting. This item will be placed on the June 8, 2004 City Council regular agenda under the Mayor's Report. Construction of Concession Stand Summary — Information Only Ms. Brown reported that Scott Sleezer has developed a financial recap for the Beecher Park concession stand construction costs. She indicated that due to donations, the project came in under budget. She also stated that the driveway to the stand should be paved within the next ten days. Fox Hill Park Beautification Day — June 12, 2004 — Information Only Ms. Brown reported that Mr. Sleezer has been working with Officer Barry Groesch on getting the community involved with the parks. Homeowner's in the Fox Hill Subdivision were notified of the event on June 12, 2004 starting at 8:00 A.M. asking them to join the City in planting flower beds in their park. Grande Reserve Unit 7 Land Donation Change for Park D Administrator Graff stated that this park is a joint school/park site. After the engineering was completed, the park site was 2.8 acres short in meeting the school requirement. The developer is asking that the deficit be satisfied with a cash contribution. He stated that there is still an issue that needs to be resolved regarding density and open space. Attorney Kelly Kramer and City Planner Mike Schoppe are working on the issue. He stated that this might also trigger an amendment to the Planned Unit Development Agreement. Page 6 of 9 Ms. Brown indicated that the Park Board is comfortable with the cash donation however they are concerned that this is the second park that they have reviewed in this subdivision and both have had changes with the acreage. This item will return to the June 15, 2004 COW meeting. Rosati's Pizza Contract Ms. Brown stated T.J. Banning owner of Rosati's Pizza has been allowing the United City of Yorkville to purchase pizza at cost to sell at the concession stand. The City marks up the pizza and is allowed to keep the profit. In exchange for this, he has asked if he could sell pizza from a mobile vender at other parks in the City. The Park Board felt this was a fair trade -off. Ms. Brown recommended that the City and Mr. Banning enter into a formal agreement for the 2004 summer season which will be re- evaluated at the end of the season. She indicated that both the Park Board and Mr. Banning were fine with the agreement. Mayor Prochaska asked if Mr. Banning would sign it .before the City Council meeting so that the Council knows he agrees to it. This item will be placed on the June 8, 2004 City Council regular agenda under the Mayor's Report. PUBLIC WORKS COMMITTEE Institutional Agreement for Fox Industrial Park Attorney Dan Kramer reported that this concerned the property located at 106 Beaver Street in the Fox Industrial Park where Wayne Circuits was formally located. There is environmental contamination on the property so the Illinois Environmental Protection Agency (IEPA) requires an Institutional Control Agreement with the United City of Yorkville to insure that no wells will be drilled in that particular area until the environmental concerns are mitigated. Attorney Kramer explained the process that the IEPA follows in situation such as this. He indicated that this does not affect existing wells in the area however no future wells will be allowed within a 2,600 foot radius of the property. He explained that the Pride Panty and Silver Dollar property sites have similar agreements. Attorney Kramer explained that there is no expense or liability to the City. This item was placed on the June 8, 2004 City Council meeting consent agenda. In -Town Road Program — Policy Decisions Alderman Munns reported that the City has received the preliminary plans from Smith Engineering for the In -Town Road Program and some issues have been identified that require direction from the Council. Alderman Sticka indicated that City Engineer Joe Wywrot would like the City Council to set the policies so there are no problems when the work begins on the streets in the older sections of the City. The Committee discussed the issues: o Aggregate Shoulder Width — There are many locations where the street shoulder width is wider than standard. The proposed plan calls for a 2' standard shoulder width. It has been questioned if the existing width should be maintained or the standard used. After some discussion it was suggested that input from the residents affected by this be taken into consideration. Mayor Prochaska asked that the areas affected be identified along with any drainage issues. Aldermen Kot and Spears and Mayor Prochaska stated that if a wider shoulder exists, it should be maintained if the residents want it as long as it is not a Page 7 of 9 drainage issue. Mr. Dhuse stated that this affects a small number of homes and the areas are easily identifiable. • Street Width — Currently, Center Street in front of Parkview School has curbing along the aggregate shoulder. The plan calls for a drop off zone on the north side of the street and nothing on the south side. The Public Works Committee recommended that the standard of a 2'shoulder on the south side of the street be maintained. Alderman Kot suggested asking Parkview School for their recommendation. • Driveway Aprons — This is a two -stage project, driveways will be disturbed in the fall for storm sewers and again in the spring when the roads are done. City Engineer Joe Wywrot recommended, in an effort to minimize cost, that the disturbed driveways be left as aggregate over the winter and replaced in the spring. Alderwoman Spears noted that she had this done on her driveway and it was hard to shovel during the winter. The Council discussed that this is an inconvenience for the residents however it is a huge cost savings for the City. The Council discussed advising the residents of the process. • Parkway Culverts — The project includes parkway grading to create roadside swales and driveway culverts. This is not a policy question but rather an "FYI" to the Council. Again, communicating with residents was discussed. Joint Purchase with Parks Department of Toro 4000 -D Lawnmower Mr. Dhuse reported that the Public Works Department and the Parks & Recreation Department are combining resources to purchase a new lawnmower. The funds were budgeted in both the Public Works and Parks Capital for 2004/2005. The cost of the mower is $40,857.27 and will be distributed as such; $15,000.00 from Park & Recreation Capital (line item mower), $21,000.00 from Public Works Capital (line item mower) and $4,857.27 from Public Works Capital (line item reserve). The mower will be purchased through a federal government purchasing program called GSA and the old mower will be used at the Hoover facility. Mr. Dhuse indicated that the delivery date for the new mower is approximately July 1, 2004. Heartland Circle — Sanitary Sewer Alternative Plan Administrator Graff stated that the City is under discussion with the subdivision owner regarding an alternative plan for the sanitary sewer. He stated that the City has done its due diligence to meet the timeline for the installation of a pump station at Bruell Street however the project has been delayed. He indicated that an alternative plan is being reviewed by the City Engineer and Deuchler. The alternative is a temporary solution and the City has three years to install a pump station. Permits have been obtained from the Illinois Environmental Protection Agency (IEPA) and this will be a private project done by the developer. The Heartland pump station will be designed to connect to the forcemain on King Street. Mayor Prochaska indicated that he was still working with the land owner for the Bruell Street location however no agreement has been reached. Request to Purchase Grader Attachment Mr. Dhuse reported that the Public Works Department would like to purchase a grader attachment for the skidsteer which will help spread gravel uniformly. The attachment cost is $6,250.00 which is less than an auger system which was initially considered. Funds for the attachment are in the budget. This item was placed on the June 8, 2004 City Council meeting consent agenda. Disposal of Property Mr. Dhuse stated that it has been previously discussed to dispose of excess property however it was never voted on. He provided a list of the equipment that he would like to dispose of through Page 8 of 9 sealed bids. Mr. Graff stated that Attorney Kelly Kramer investigated the legalities involved and then the department heads developed a policy and procedure to dispose of City property. Attorney Dan Kramer stated that a resolution could be passed to approve the sale. Mr. Dhuse stated that he would provide a clean list that can be attached to the resolution. The Council discussed the trade -in of equipment, donating excess office equipment to the schools and the disposal of old computers. This item was placed on the June 8, 2004 City Council meeting regular agenda under the Public Works Committee Report. ComEd Temporary Easement for Raintree Village Administrator Graff reported that a temporary easement is needed to get power to Units 2 and 3 of the subdivision for the well. Attorney Kramer explained to the Council that there were some problems with the language of the easement on ComEd's part and indicated that this has being worked out. This item was placed on the June 8, 2004 City Council meeting consent agenda. PUBLIC SAFETY COMMITTEE No report. ADMINSTRATION COMMITTEE No report. EXECUTIVE SESSION Mayor Prochaska stated that there would not be an Executive Session. ADDITIONAL BUSINESS Fox Hill Weeds Alderman Munns stated that the weeds on the commercial property in front of Fox Hill are very tall and make it hard to see while pulling in or out. Administrator Graff stated that he would notify the Property Standards person in the Building Department of the problem. Grass in Streets Alderman Besco asked if a note could be placed in the newsletter informing residents not to blow cut grass into the streets. He noted that this plugs up the catch basins. Administrator Graff stated that citations have been issued for this and he will be discussing this further with Attorney Kramer. Power Outage Alderman Sticka reported that both he and Alderman Kot received calls regarding the power being out after a recent storm. The residents, in the Adrian and Blaine Street area, indicated that this always happens to them. They asked if there was anything the City can do about this. Mayor Prochaska stated that he was also made aware of this problem and he asked ComEd to put in writing why the power was out in this area for nineteen hours. He stated that it is unacceptable to have power out for this length of time. Alderwoman Burd stated that her electric was out for sixteen hours and that her husband was told by ComEd that it was taking so long to make the repairs because there were so many areas Page 9 of 9 affected by the storms. They stated they were making the repairs in the order that the complaints were received. Mayor Prochaska stated that one things the resident's on Blaine and Adrian mentioned was how quickly the Police and Public Works Department responded. Mayor Prochaska thanked them for a good job. In -Town Road Program Alderwoman Spears asked if the Council could get copies of the information letters that will be sent to the residents. Administrator Graff stated that they would be placed in the Council's mailboxes. Pat Summerall Alderwoman Spears asked if the City received any sponsors yet. Administrator Graff stated that contributions have been received and will be received through June 8, 2004. He stated he would give a copy of the list of contributors to the Council after that date. Glen Palmer Dam Mayor Prochaska reported that he received a call from the Illinois Department of Natural Resources (IDNR) letting him know that they have received funds for the rebuilding of the dam and they will begin the engineering for the project. Prairie Parkway Study Mayor Prochaska stated that he received a letter from Illinois Department of Transportation (IDOT) indicating that they are going into the next phase of the Prairie Parkway Study. They will be holding two workshops on June 16, 2004 at the Beecher Center from 3:00 P.M. to 5:00 P.M. and then at 6:00 P.M. to 8:00 P.M. Mayor Prochaska encouraged members of the Council to attend the workshop. Relay for Life Mayor Prochaska reported that the Relay for Life was being held on June 11 and 12, 2004. He asked anyone interested in being a sponsor to contact him. YEDC Open House Lynn Dubajic reported that the Yorkville Economic Development Corporation (YEDC) was having an open house on Thursday, June 3, 2004 from 5:00 to 8:00 P.M. She stated that they were having a "Taste of Yorkville" All the restaurants in Yorkville will be supplying their specialties. She invited the Council to attend. There was no other additional business. The meeting was adjourned at 9:35 P.M. Minutes submitted by Jackie Milschewski, City Clerk * *Note: the presentation portion of the meeting was not taped. ** COMMITTEE OF THE WHOLE MEETING June 1, 2004 PLEASE PRINT NAME: ADDRESS: 9 IE ' 71 d� /0: -71 6A rte, 7 / /)A V,. "-4j 5/� A, 2 d yA L If /1 A2 , s/oL I l ` fM c. Lin �k .i ccm e� s v I toKt �Tsoc /lf om/U, //-e r SIGNIN I May 26, 2004 i To Whom It May Concern: We are writing this letter as we cannot be in attendance for this important meeting. We object to the county, village, et. al, allowing weekend "Woodstock" like events to take place at the residence on the north east corner of Rt. 126 and 71. If this were a one weekend bash, it may be acceptable with some exceptions. However, there are several more of these events scheduled thru out the summer and advertised on the internet. Even though this area is one of the smaller areas left rural, there is still a noise ordinance. The music started Saturday and continued thru the night until Sunday at 12:00 p.m. Many of us who are neighbors, and even people as far as Van Emmon Rd. and Lyons Farm could hear the music and shouting with our doors and windows closed! On a nice summer day to be required to stay inside our homes with our doors and windows closed is unacceptable and violates our rights as citizens. Also many of us work weekends and also have small children who require adequate sleep. This type of gathering will also draw more and more people each time. Do we have the police force to maintain a controlled gathering of 100 or more people? Could this also cause the crime rate to increase due to the use of alcohol and drugs at these events? Sanitation conditions are also at issue. We moved to the country to avoid this. The area being used for this is too small to accomadate these large groups. There is the safety issue also as cars are parked on both sides of the highway and people were skateboarding and walking in the dark out on these highways. Please consider the rights of those of us who live, work, pay taxes and support our county. These people offer the county nothing but future problems. Sincerely, i l Thos. & La ra Heise