COW Minutes 2004 05-04-04 i
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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
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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.
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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.
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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.
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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
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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
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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.
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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.
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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
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May 4, 2004
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