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COW Minutes 2004 05-04-04 i Page 1 of 9 APPROVED WITH REVISIONS 7/27/04 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE CITY HALL CONFERENCE ROOM MAY 4, 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 Chief Harold Martin Public Works Director Eric Dhuse Finance Director Traci Pleckham Director of Parks & Recreation Laura Brown GUESTS: See attached list. PRESENTATION None. DETAILED BOARD REPORT — BILL LIST Finance Director Traci Pleckham reported that there were two amendments to the bill list. The first was on page 5; the entry for Automotive Specialties should read Landmark Automotive. The amount is correct. The other adjustment is on page 11; the entry for Logomax had been entered twice due to receiving two invoices from the company. Mrs. Pleckham stated that due to this the bill list would be reduced by $153.00 for a new total of $570,121.98. The Council discussed checks and balances to the bill list to avoid duplicate payments and more detailed descriptions on the bill list. This item was placed on the May 11, 2004 City Council meeting regular agenda. ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA 1. Police Reports for March 2004 2. 307 & 309 Mulhern Court — Plat of Easement 3. Bruell Street Pump Station Change Order #1 4. Bruell Street Forcemain & Sanitary Sewers Change Order #1 5. Raintree Village — ComEd Easements 6. 2004 Crack Filling MFT Appropriation Resolution Page 2 of 9 7. Bristol Ridge Road Reconstruction Bid Results — Recommendation to award bid to Aurora Blacktop in the amount of $1,435,017,08 8. Water Department Report for February 2004 9. Route 47 Watermain Bid Results — recommendation to award bid to Neslund & Associates in the amount of $737,021.15 Mayor Prochaska asked the Council if they had any question or comments on the consent agenda items. There were none. The Consent Agenda items were placed on the May 11, 2004 City Council meeting agenda. MAYOR Ethics Ordinance Mayor Prochaska reported that this Ordinance is based on the one adopted by the State of Illinois and recommended by the Illinois Municipal League (IML). Attorney Kramer reported that he spoke with Alderwoman Spears who noted that there was a section of the ordinance regarding "compensated time" that appeared to be taken out of an employee manual. Attorney Kramer stated that he felt that the definition didn't belong in the ordinance because it is addressed by the City's Employee Manual. Administrator Graff stated that he attended meetings regarding this Ordinance and he disagreed with Attorney Kramer. Mr. Graff stated that the ordinance is identifying the definition so all loose ends are covered. Mayor Prochaska stated that he also thought the ordinance was defining compensated time because it is referred to in the text. There was some discussion regarding language referring to the City's Employee Manual. Attorney Kramer stated that he would check with the IML regarding the language of the ordinance and make revisions. The revised ordinance was placed on the City Council meeting regular agenda. Pollution Control Ordinance Mayor Prochaska reported that this ordinance addresses the sitings of pollution control facilities in the United City of Yorkville. Attorney Kramer stated that he went through the revised draft from Attorney John Watson of Gardner Carton & Douglas LLP. He stated that Attorney Watson did a good job of incorporating the requested changes and he explained that this ordinance does not authorize any sitings but establishes a procedure. Mayor Prochaska noted that one of the changes was with the application fee. Originally the fee was $25,000.00 but it has been increased to $100,000.00. The increase was suggested so that only serious and qualified people apply for a pollution control facility. Attorney Kramer also noted that siting proceedings go before a professional hearing officer and this is costly. Alderman Sticka asked if any other ordinances are needed to address this and Mayor Prochaska explained that the City needs to develop a model siting agreement. The specifics of an agreement for a pollution control facility would be based on the location and type of facility. Administrator Graff wanted the Council to be aware that once a facility is sited, the City has 180 day window to render an opinion and that the staff will have a lot of work to do in that period. Page 3 of 9 He suggested that a team to handle this should be established so that they are ready if someone comes in for a siting. The team's time is paid for through the fees required by the ordinance. He asked what Committee should approve the consultants and Mayor Prochaska recommended the Economic Development Committee. Alderman Sticka, Chairman of the Economic Development Committee agreed. Attorney Kramer stated that a facility would also go before the Plan Council but not necessarily Planning Commission because it will have its own review board. Mr. Graff stated that the City has good contacts with Attorney Watson, environmental engineers, etc. Mayor Prochaska asked that at the May 18, 2004 COW meeting Mr. Graff bring a suggested list of team members for the Council to review. This item was placed on the May 11, 2004 City Council meeting consent agenda. Kendall County's Request to Waive County Jail Permit Fees Mayor Prochaska reported that Kendall County has asked the City to reduce or waive the building permit, public work/water /sewer, engineering plan review and engineering administration fees. They have indicated that they will pay for the water meter (cost is determined on by the size of the meter) and the plan review ($1014.00). The total amount of fees without anything being waived or reduced is $16,000.00. The Council discussed the request and felt that any expense the City incurs should be paid for by the County. Also discussed was the benefit of having the jail in the community. After some discussion, it was decided to charge the County $6022.00 for building permit fees ($50.00 /building permit inspection as agreed to by ICCI), $1,014.00 for the plan review fee and the water meter cost (to be determined). The Engineering Plan Review ($1493.14) and Engineering Admin ($2,090.40) fees would be waived. Mayor Prochaska gave direction to the staff to notify the County of the decision. ECONOMIC DEVELOPMENT COMMITTEE PC 2002 -06 Westbury Village — Annexation Agreement and Preliminary Plan Administrator Graff stated the agreement is coming back to the Council because revisions have been done to several areas. Public safety, roadway, design standard, buffering and bike trail concerns were addressed. Attorney for the developer, Stanford Stein with Gardner, Carton & Douglas, stated that the changes requested by staff, Plan Council, Planning Commission and City Council have been adopted in the revised agreement. Attorney Stein, Brent Lewis with the Lannert Group and Mitch LaFave with Ocean Atlantic went over the changes made: • The entrance to Corneils Road was removed and moved to Westbury Blvd. • Cul -de -sacs were removed with the main road winding through Pod #7. • Emergency access roads were added however this still needs to be addressed with Illinois Department of Transportation. If IDOT does not approve, the developer has agreed to install a "13 -R" fire protection system in the multi- family units. • Parking was added in Pods 5, 7, & 8. • The buffer was adjusted to 30' along Corneils Road. • The school and park site was modified. • There will be an entrance to Route 47 • The 50% of the front and side elevations of the single - family attached units will be brick. Alderman Ohare and Sticka commented that the plan looks better than when it started. i Page 4 of 9 Alderman James questioned the distance was between the multi - family units. He noted that he was looking at Pod #2 and #3, buildings "P" and "O ". He expressed his concern that there are twelve units with a possibility of twenty -four cars accessing them. Mr. Lewis stated that the distance is 60' with a 24' foot driveway. Each unit has a two -car garage, 4 parking spaces plus on- street parking. Alderman Besco asked if the Homeowner's Associations was contributing to the cost of snow removal. Mr. LaFave stated that the multi - family units such as the courtyard units would contribute 100 %. He also pointed out the streets to be constructed and maintained by the HOA's of the particular pods. Attorney Kramer stated that a back -up Special Service Area (SSA) will be established in the event the HOA fails. Alderman James asked if the HOA would be used to maintain the bike trail and Executive Director of Parks & Recreation Laura Brown stated that the private trails will be maintained by the HOA but that the regional is dedicated to the City and will be the City's responsibility. Anna Kurtzman's April 30, 2004 memo was discussed. Attorney Stein indicated that the following items from the memo had been addressed: o The sidewalk along Galena Road will be shown on the commercial site plan. o Language was added indicating if there is any conflict between the approved plans and final engineering, the engineering standards will rule. o Language addressing improvements to Corneils Road such as traffic signal improvements was not in the agreement. The developer will be responsible to 1 /4 of the cost however this is still under discussion with staff. Mr. Graff stated that if this development triggers signalization at this intersection, they will be required to build it and recapture 3 /4's of the cost from the other corners. o Staff has requested that the language of the agreement indicate that the side -yard setback be set at 25' and any house constructed on theses lots (corner lots) have a three -car garage. This also should be noted on the final plat. o The PUD agreement reflects a 30' setback along Westbury Avenue. To be consistent, it was recommended to list this setback in the annexation agreement. o There are some locations in the agreement where cross references need to be noted. This will be addressed in the final draft. Mrs. Kurtzman's memo also contained two policy items to be addressed with the Council. The first item was that staff noted that the approval of preliminary engineering and subdivision plat is valid for one year and suggested that the agreement include language to extend this approval so that the developer has time to develop their final plans. This will also allow time for the extension of the sanitary sewer facilities. The agreement was written to provide a seven -year window however staff recommended a five -year window. Administrator Graff explained to the Council that the City's standard policy has been to allow a five -year period. A unique situation could warrant a longer period of time such as the eight years allowed in the Grande Reserve which has 1100 acres to develop. A shorter window forces a developer to buildout more quickly. Attorney Kramer explained that the seven -year window is a policy decision and he explained the logic to the seven -year period which would allow for the permitting, design and building of infrastructure of the sewer and interceptors. He noted that if all the utilities were available the downside to the longer period could be changes in technology or a future Council may not like the design of the subdivision when presented. However, without utilities being in placed, he did not see any negatives to the longer time period. Page 5 of 9 Mr. Graff stated that the longer time period may also be better since the Illinois Department of Natural Resources (IDNR) has certified the flow rate for the Rob Roy Creek flood plain study however there will still be another eighteen months to two years before the total certification is complete. The Council discussed the coverage area for the interceptor. After a brief discussion, it was the consensus of the Council to allow the seven -year time frame for the preliminary engineering and subdivision plats. The second item concerned the City's policy to request a road improvement contribution in the amount of $2,000.00 /unit. The agreement assesses $2,000.00 /single - family detached unit and $1,000.00 /single - family attached unit. The developer asked for this because three of the four units will have private roads built and maintained by the developer. Also, the traffic impact of the development will be to Route 47 which is a state route and not maintained by the City. The Council discussed that the fee was designed to improve roads not just immediately adjacent to the development but also those in the general vicinity. Mayor Prochaska noted that even though some of the development will have private roads, the increase in population will place a burden on the remainder of the City streets and he stated that he was not sure he liked these fees being reduced. Attorney Kramer noted that the developers of Grande Reserve were asked to perform offsite improvements in exchange for the City receiving a check for the fees. There was a lengthy discussion regarding the reduction of the fees, private versus City streets, recaptures and road improvements. It was the consensus of the Council that the fee should not be lowered. Mayor Prochaska suggested the fee remain at $2,000.00 /unit with no reduction for the single- family attached units. If the fee is lowered across the board in the future, this agreement can be revisited and the fees adjusted. Administrator Graff stated that the City passed a new Land Cash Ordinance the previous week and he asked Attorney Kramer how this affected the agreement. Attorney Kramer stated that since the application had been submitted before the increase, the old fee would apply. Attorney Kramer stated that he had some concern about the language in the agreement regarding funding mechanisms for the future expansion of the YBSD. He also stated that a follow up Intergovernmental Agreement will be needed with YBSD so that policy isn't changed. He stated that if the changes could be done tomorrow, the agreement could move on to the next City Council meeting. Alderman Kot asked if the weather warning sirens were addressed and Finance Director Traci Pleckham noted that the fee was reverenced on page 23 of the agreement. Alderman Kot expressed his concern that someone could come in and purchase several of the multi- family units and rent them. He asked Attorney Kramer if it was possible to include language in the agreement to prevent this. Attorney Kramer stated that there wasn't anything that could be written into the agreement however the Homeowner's Association could address this if they so desired. The Council further discussed the rental of the properties and housing regulations. This item will be placed on the May 11, 2004 City Council regular agenda if the updates of the agreement are received by Thursday, May 6, 2004. Resolution Amending the Fagade Program Page 6 of 9 Mayor Prochaska reported that Alderwoman Burd has been working on the resolution with the Fagade Committee. They are looking at expanding the program to include the entire community. The Committee has recommended that all buildings constructed before 1940 (pre -World War H) be included in the program. Priorities have been established with the downtown business district receiving first priority, second priority would be the area along the major thoroughfares and the third priority would be all remaining areas. Applications for the program will still be reviewed by the Fagade Committee. Alderman Kot asked who would determine if a building was being restored to its original architectural integrity. Mayor Prochaska indicated that this would be determined by the Fagade Committee and the petitioner would have to provide information regarding the architecture. Alderman Kot asked that if he had a home that fit the criteria and he had it painted for over $1,000.00 could he submit the bill to the committee? Alderwoman Burd stated that is the way the resolution reads however this is not how the original resolution addressed this. Mayor Prochaska asked Attorney Kramer change the language to reflect the language of the old resolution. Alderwoman Spears questioned if the downtown buildings built after 1940 would qualify. Alderwoman Burd explained that the Fagade Committee discussed and agreed upon this cut off date because buildings built after 1940 were not architecturally significant. Kathy Farren from the Record Newspaper, located on Bridge Street, was present and questioned how it would apply to her building which is only 1 /4 original. Alderwoman Burd explained that as long as any renovation maintained or enhanced the pre -1940 style of the original building it would qualify. Alderman Sticka asked how much money is in the program. Alderwoman Burd stated that $20,000.00 is allocated to the program. Mayor Prochaska noted that currently there are two applicants. Attorney Kramer will revise the resolution and bring it back to the May 18, 2004 COW meeting. PARK BOARD No report. PUBLIC WORKS COMMITTEE Ordinance Banning Depositing of Snow in the Street Alderman Besco stated that an ordinance banning the depositing of snow in the streets has been requested by the Public Works Department. The fine for the offense is $50.00 /occurrence. Administrator Graff noted that the ordinance addresses snow deposited on the streets from "residents" driveways and sidewalks. He asked if this applied to residential areas only or was it intended to apply citywide. Attorney Kramer stated that the ordinance should apply citywide and suggested removing the word "residents" from the first paragraph. The Council discussed enforcement of the ordinance and recommended to Chief Martin that a warning be given for the first offense. Attorney Kramer stated he would revise the wording. This item was placed on the May 11, 2004 City Council meeting consent agenda. Game Farm Road & Somonauk Roadway Improvements Alderman Besco stated that this was discussed by the Public Works Committee and they had questions regarding the funding for the Phase I engineering. When the proposal for the Page 7 of 9 engineering was received, it wasn't as costly as first anticipated. The project has been approved for funding through the Kane County Council of Mayors (KCCM). Mayor Prochaska stated that the engineering needs to be done in order to qualify for the construction grant. This item was placed on the May 11, 2004 City Council meeting consent agenda. USGS Joint Funding Agreements to Survey Channel Crossing from Blackberry Creek Alderman Besco reported that the United States Geological Survey (USGS) will be surveying cross sections of the Blackberry Creek in order to conduct a floodplain study. The cost of the study is being spilt between the USGS, Kendall County, the United City of Yorkville and the Village of Montgomery. Yorkville's portion, $24,490.00, was determined by the amount of the creek within the city's limits. The Council discussed the recapture of the cost of the study and Mayor Prochaska explained that the problem is that there are not many areas along the creek and within the city limits that are undeveloped. The Council discussed the funding as it related to the budget. Administrator Graff stated that he would verify if the City could fund part of it in the current fiscal year and the remainder in the next fiscal year before the next City Council meeting. This item was placed on the May 11, 2004 City Council meeting consent agenda. Institutional Agreement for Fox Industrial Park Attorney Kramer explained that the Environmental Protection Agency is using a new system for environmental cleanups called the Tier Two Cleanup or TACO. If there is an environmental situation, the owner of the property is required to file a Corrected Action Plan (CAP). The level of the TACO number given to the property is based on the CAP. If the EPA does not consider the situation serious or in need of direct cleanup, they recommend it not be cleaned up and ask the municipality to pass an Institutional Control Agreement. Wayne Circuit, in the Fox Industrial Park, has a low TACO number and does not have to clean up their environmental situation. This ordinance will not allow anyone to dig a private well or septic area within so many feet of this site. He indicated that the ordinance is good because future City Council may not know the situation with site and this creates a record of it. Also, the CAP is recorded so that there is disclosure to any future owners of the property. He also explained test wells, plumes and EPA monitoring of the test wells. Mayor Prochaska asked if this will affect any resident of the neighboring unincorporated area. Attorney Kramer stated that City Engineer Joe Wywrot still needs to verify this before the ordinance is passed. This will be brought back to a COW meeting once Mr. Wywrot obtains his measurements. Bruell Street Lift Station — Main Street Overlay Mayor Prochaska reported that he was approached by a resident living on the end of West Main Street who asked if this portion of the street will be overlaid when they do the reminder of the street as part of the Bruell Street Lift Station project. The Mayor had Mr. Wywrot look into this and the additional cost to overlay this section is approximately $15,000.00. Administrator Graff stated that the contractor is currently working on the street and will be getting to West Main by the end of the week so the change order is needed. He stated that the cost is not eligible to come out of the sewer project fund but could be taken out of the Contingency Fund. Page 8 of 9 Alderman Besco stated he spoke with the Director of Public Works Eric Dhuse regarding small street projects such as this. They discussed that in the future it would be cost effective to rent a small paver and have the Public Works employees do the repairs. This item was placed on the May 11, 2004 City Council meeting regular agenda. Bid Results for Sewer Vacuum Truck Alderman Besco reported that three bids were received with only one being acceptable from E.J. Equipment in that amount of $220,375.00. The vehicle from E.J. Equipment is a heavier duty truck capable of having a camera and T.V. system on it. Administrator Graff stated that this did not go to the Public Works Committee because Mr. Dhuse found out that the company is placing a major order. If the bid is accepted and authorization for purchase is given before this order, the vehicle can be delivered in 30 days. If not, it will take six months to get the truck. He stated funds are available. This item was placed on the May 11, 2004 City Council meeting consent agenda. PUBLIC SAFETY COMMITTEE Ordinance Amending Liquor Sampling Ordinance Alderman Kot reported that the Public Safety Committee reviewed and unanimously approved the revision. The amendment will revise the ordinance by limiting the tastings to one ounce or less of beer or wine and %s an ounce of all other liquors, tasting will be limited to twice a week and the number of wines that may be sampled cannot exceed twenty five /day. This item was placed on the May 11, 2004 City Council meeting consent agenda. Bids for Digital Recording of Interview Room Alderman Kot reported that the state has mandated that Police Departments now video tape any major criminal investigations which the police are conducting interviews. The Police Department currently does not have the capability of doing this and went out for bids for digital recording equipment. Two bids were received and the bid from Thomas Alarm was higher however it included a larger monitor and the recording device was preferred by the Police Department. The Public Safety Committee recommended awarding the bid to Thomas Alarm in the amount of $2,200.00. Chief Martin reported that the funds are available in the Contingency Fund. The Council discussed the use of the equipment. This item was placed on the May 11, 2004 City Council meeting consent agenda. ADMINSTRATION COMMITTEE No report. ADDITIONAL BUSINESS West Hydraulic Park - Update Alderman James reported that the grant for the West Hydraulic Park has been approved and the City should be receiving a check in the amount of $100,000.00 in the next six to eight weeks. Page 9 of 9 Appointments - Committees, Boards and Department Heads Mayor Prochaska reported that at the next City Council meeting he would be making appointments to committees, boards and appointing the department heads. He noted that there are currently two openings on the Human Resource Commission and one for the Facade Committee. The member for the Facade Committee has to be either an engineer or member of the Historical Society. There was no other additional business. The meeting was adjourned at 10:25 P.M. Minutes submitted by Jackie Milschewski, City Clerk SPECIAL CITY COUNCIL AND COMMITTEE OF THE WHOLE MEETING May 4, 2004 PLEASE PRINT NAME: ADDRESS: /,4 "V` 0 u, V SIGNIN I