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