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COW Minutes 2004 04-27-04 Page 1 of 10 ee L 1 f 17 Y C;F's UNITED CITY OF YORKVILLE ) S• 1 t"i Oy COMMITTEE OF THE WHOLE 75V APRIL 27, 2004 6:30 P.M. ELECTED OFFICIALS PRESENT: Mayor Art Prochaska Alderman Marty Munns Alderman Joe Besco Alderwoman Rose Spears Alderman Paul James Alderman Richard Sticka Alderman Larry Kot City Clerk Jackie Milschewski City Treasurer Bill Powell CITY STAFF PRESENT: City Administrator Tony Graff City Attorney Kelly Kramer Public Works Director Eric Dhusc (until 8:50) Police Chief Harold Martin (until 8:15) Police Lieutenant Don Schwartzkopf Director of Parks & Recreation Laura Brown Finance Director Traci Pleckham (until 7:50) GUESTS: See attached list. Detail Board Reuort Mayor Prochaska asked if there were any questions regarding the April 17, 2004 Detail Board Report. Alderwoman Spears questioned the following invoices: • Aquafix — page 1— $457.64 for bio stimulants and vitamins. Director of Public Works Dhuse explained that the charge was for microorganisms used in the sewers and lift stations. • City of Yorkville Petty Cash — page 5 — $57.72 for App. Dinner Supp, Myr Bkfst - Executive Director of Parks & Recreation Brown explained that this was for the Salvation Army Dinner • Elan Financial Services — page 10 — line #20 - $173.26 for Present A Plaque Corp. Finance Director Pleckham stated that this was for the plaques presented at the appreciation dinner. • Elan Financial Services — page 10 — line 425 — $233.46 for Auction pymt, Eng Dig. Camera and line #26 - $70.73 for Auction pymt, Eng. Camera Dock. Administrator Graff explained that the Engineering Department purchased a digital camera and dock from EBay to use on inspections. • Elan Financial Services — page 10 — line 427 - $250.00 for IL Basketball Academy, Rec Dep. Ms. Brown explained that this was the entrance fee for a basketball tournament. • Milschewski, Jackie — page 16 - $102.50 for 4 hrs COW mtg minutes. Mayor Prochaska explained that the Clerk's office is treated separately from other elected officials and can hold a paying job with the City along with being City Clerk. Attorney Kelly Kramer stated that the rules governing this are all statutory. • Ralph's Place — page 21 - $45.00 for 3 -22 -04 Business Lunch Graff. Administrator Graff explained that this was a business lunch with property owners in order to discuss right -of- way acquisition for Faxon Road I Page 2 of 10 Alderman Munns asked if Paradise Car Wash billed the City once a month and Chief Martin explained that the squad cars are washed there and the charge is $3.00 or $4.00 /car. They do bill the City once a month and it is usually around $30.00 /month. There were no further comments or questions. This item was sent on to the City Council meeting for approval. Building Permit Report for February 2004 There were no comments or questions. This item was sent on to the City Council meeting for approval. Ordinance Amending Land Cash Ordinance 1996 -03 and 2003 -12 Administrator Graff stated that the Council accepted the report from the appraiser and now the current ordinance needs to be amended to reflect this. Mayor Prochaska noted that this will raise the Fair Market Value for any parcel of land to $73,500.00. There were no comments or questions. This item was sent on to the City Council meeting for approval. Schonue Design Association Amendment to Professional Services Agreement Mayor Prochaska reported that Mike Schoppe has added a level called Project Management which was not previously in his contract. This level is will cover tasks that he does for the City as a Project Manager. The proposed rate is $110.00/hour which is less than what is charged when he is a Project Principal. He also increased the rates for Project Principal from $115/hour to $123.00/hour and for attendance of City meetings from $95.00/hour to $100.00/hour. Attorney Kramer has reviewed the agreement. Upon further review, Mayor Prochaska noted that the copy of the contract in the Council's packet was the old contract from 2002. He suggested that this item be brought back to the May 4, 2004 Committee of the Whole (COW) meeting. Administrator Graff noted that Mr. Schoppe has a three year contract with the City and he is amending the fees. Attorney Kramer stated that a rider or addendum can be added to the contract to address the changes. Alderman Sticka asked what the City has paid Schoppe Design for services in the past and he questioned what the impact of the increase would be. He questioned what the budgetary impact of the increase will be. Mayor Prochaska asked Administrator Graff to contact Mr. Schoppe for a breakdown of hours. Administrator Graff stated that he would have staff compile a fiscal report and he would ask Mr. Schoppe what he feels the percentage of jobs will be as Project Principal versus Project Manager. Alderwoman Spears asked if staff could obtain comparable rates from other firms for the Council to review. Administrator Graff stated he would get this information. This item will be brought back to the May 4, 2004 COW meeting. Resolution in SUDDort of Illinois Tourism Industry Mayor Prochaska reported that this was discussed at the last City Council meeting. Administrator Graff stated that the resolution information was received from the Aurora Area Convention and Visitors Bureau (AACVB). Attorney Kramer stated that the resolution was reviewed and it states that the City supports the tourism industry which is being affected by tax cuts in Springfield. Page 3 of 10 Mayor Prochaska noted that this is important because the City was looking towards the tourism industry to help build up business in Yorkville and the cuts affect grant dollars available. The collection of the hotel room tax was discussed. The City's hotel room tax funds the City's participation in the AACVB. The state's portion is going into the state's general fund rather than for promoting tourism. This item was sent on to the City Council meeting for approval. Proposed Subdivision Control Ordinance — Reauest for Public Hearing Alderman Besco reported that the Public Works Committee recommended that this be moved on to a public hearing. The date of the hearing was discussed and it was recommended by Attorney Kramer and Administrator Graff that it be at the June 8, 2004 City Council meeting. Alderwoman Spears noted that on page two of the ordinance, section 5.00, the numbering does not correspond to the numbering in the ordinance. Attorney Kramer explained that City Engineer Joe Wywrot was spearheading the changes. He is waiting for response from staff before he revises the ordinance. She stated that the Council would have a clean copy before the hearing. Alderwoman Spears questioned if the selection of historic street names was addressed in the ordinance. Mayor Prochaska agreed this should be included and Administrator Graff and Attorney Kramer stated that they would discuss this with staff. Also discussed was a presentation of the ordinance to the Planning Commission before the public hearing for their input. Proposed Wetlands Protection Ordinance — Reauest for Public Hearing Mayor Prochaska questioned the purpose for the public hearing since one was previously held. Administrator Graff noted that there is new legislation pending that affects this ordinance and the City has added storm water quality standards. He recommended that the public hearing be held either late May or early June 2004. Attorney Kramer stated she would verify the length of the public notice and if it should be part of the Subdivision Control Ordinance. Administrator Graff stated that he would send the Council a memo when the legal mechanisms are worked out. Records Disposal Service Ouotes Mayor Prochaska reported that Attorney Kramer has asked that this be tabled because they have reviewed the contract and there are a few legal issues to negotiate with the provider. This will be tabled to a future date. Health Insurance Renewal Mayor Prochaska reported that a local insurance broker from Plano has approached the City and asked to represent it in its insurance needs. He met with the broker who explained that the City would have the exact same coverage with no change in the cost. They have also offered to help with open enrollment. The City would have to send a letter to the current broker in Naperville informing them of the change. Alderwoman Spears asked why the City is switching brokers. Mrs. Pleckham stated that the Plano broker currently handles the City's unemployment insurance and is actually a middleman for the current broker, First Non - Profit. Page 4 of 10 Alderwoman Spears stated that the Administration Committee recommended that health insurance renewal moves forward. Mayor Prochaska asked the Council's opinion about changing brokers. It was the consensus of the Council to authorize the Mayor and Finance Director to send a letter to the current broker informing them of the change. Ordinance Amending Water Conservation Ordinance Attorney Kramer explained that this amends the penalty section of the current ordinance with regards to complaints and penalty payment. This allows citizens due process; they cannot be adjudicated without a finding by a judge. Alderman James asked if there was a provision in the ordinance which addresses written notice before an offender is fined. Attorney Kramer stated that it will be monitoring issue with the Police Department as to first issuing a fine or only a warning. Administrator Graff stated that a procedure addressing warnings could be drafted for staff to follow. First -time offenders could receive a warning along with a copy of the ordinance. Mayor Prochaska stated he would like to see a warning given initially before a fine is issued. This item was sent on to the City Council meeting for approval. Park. Gazebo and Shelter Reservation Policv Attorney Kramer stated that after the previous COW discussion, she and Ms. Brown met and changed language in the policy so that there is no exclusive use by any particular parry. She stated that Ms. Brown and Mr. Dhuse will discuss if whether or not they want to designate certain parks that are more applicable for the policy. All public walkways, playgrounds, etc., will be accessible to the public at any particular time. Mayor Prochaska noted that changes to the policy have been highlighted in the draft. Alderman Kot asked if signs will be posted indicating that an area is reserved and if there is a problem, who would the renters contact. Ms. Brown stated that the reservation will be posted and renters will have a permit showing they have rented the particular area. Also Park staff is on call on weekends or the Police Department can be contacted. Alderwoman Spears questioned if people have paid in the past to reserve a facility. Mayor Prochaska stated that yes there has been a nominal fee in the past. Alderman Sticka asked how Yorkville's fees compare to other communities and Ms. Brown stated that they are approximately half of other communities. This item was sent on to the City Council meeting for approval. PC 2001 Grande Reserve Final Plats 5, 7 & 8 Administrator Graff reported that the Planning Commission Economic Development Committee and staff recommended the approval of the final plats. Mayor Prochaska asked if both the preliminary plat and final plat need to be approved and Attorney Kramer stated that approval was needed for both. Page 5 of 10 This item was sent on to the City Council meeting for approval. PC 2001 -16 Fox Hill Amendment to PUD Agreement Attorney Kramer stated that the ordinance authorizing the amendment to the previous annexation and development agreements has several request by the developer which are more policy decisions for the Council. Administrator Graff stated that the Planned Unit Development (PUD) Agreement highlights a couple of areas that have been negotiated between the developer and staff. He suggested going through the agreement and addressing the policy questions. Mayor Prochaska noted that the PUD changes R -2 One - Family Residence District changes to B -3 Service Business District and R -2 One - Family Residence District to R -4 General Residential District and R -2 zoning is proposed to change to B -3. Rob Gamrath, attorney for the developer, stated that the jagged property line has been realigned and squared -up. This creates a small amount of additional commercial area south of the new property line, along Eldamain Road. Instead of thirty -six single - family residences (SFR), there will be seventy -two units of multifamily residences (MFR). Mr. Gamrath stated that the principal reasons behind the request for relief were changes to the property due to changes to Eldamain Road, realignment of the entrance to match Lakewood Homes' entrance and the Rob Roy Creek Flood Plain. He stated that thirty -six SFR's lots were reduced to twenty -six lots and that one third of the land has been lost due to different circumstances. He noted that the changes have cost the developer over $300,000.00 in additional fees. Changes to the PUD Agreement were discussed: • Page 3, item #6 - The developer is asking to be relieved of the contributions to improvements made to Eldamain Road. The original agreement asked the developer to contribute 20% to the City for the upgrade of the road. The Council discussed: • The City has given the jurisdiction for Eldamain Road to Kendall County • The City of Plano did not require the developer on their side to make improvements to Eldamain Road • Public safety issues to having the entrances of the development align • A right turn lane into the development off of Eldamain • The developer following the County's requirements. After some discussion it was agreed that the developer would be relieved of contributions to improvements on Eldamain Road for everything other than those improvement required by Kendall County. • Page 3, item #7 — The developer is asking that the City negotiate an Economic Development Incentive Agreement for sales tax rebates for public improvements, engineering costs and other related expenses incurred as part of the redesign on reengineering of Unit 7. Mr. Gamrath stated that cost of realigning the entrance was approximately $68,000.00. The Council discussed capping the rebate amount; public improvements; the flood plain; the zoning change as requested by the City; architectural design standards; square footage of units; the site being a "big box" site and increasing the school transition fee to the current requirement. Alderman Sticka stated that the granting of rezoning to R -4 was meant to be compensation for this cost and he didn't agree with granting a rebate in addition to this. Mr. Gamrath stated the rezoning was to replace the loss of ten lots due to various impacts. Six SIR lots were loss to the realignment of the road and an additional four lots were lost to the flood plain. Alderman Munns Page 6 of 10 agreed with Alderman Sticka because the rezoning allows more multifamily residences. Alderman Sticka noted that in the past, rebates were given because the developer was building something that is a public improvement for the community at large. Alderman James commented that he supported the change to the zoning but did not support the tax rebate. He stated that the realignment of the entrance road is a benefit to the subdivision and he did not see public improvements being made that will help the remainder of the community. Alderman Sticka stated he agreed with Alderman James but it could also be looked at that the road realignment is a public improvement in the sense that it leads to a commercial area and the signalized intersection benefits public safety. He stated that the re- engineering of the entrance should be considered but the re- engineering of the subdivision shouldn't be compensated. Alderwoman Spears also disagreed with the rebate. Administrator Graff outlined the history behind the developer's request for the rebate, including the request for re- engineering by the City. He stated that the third re- engineering of the subdivision was done at the request of the City and the developer is asking in good faith to be compensated for this. Administrator Graff stated that the PUD amendment is driven by the rezoning change. If it is the consensus of the Council to rezone, the policy questions can come back to the Council with more information to be provided by the developer at a later time. Attorney Kramer recommended that the Council vote on both the rezoning and amended PUD together because they are tied together. Alderman Kot expressed his concern regarding the townhome units being purchased to be used as rental property. He asked if language could be incorporated into the agreement prohibiting this. Attorney Kramer stated she would verify is this possible. Alderman Munns asked what the developer's plans were for buffers. Mr. Gamrath explained that the developer is contemplating buffering around all the buildings. He stated that they are willing to work with the City regarding this. There was further discussion regarding the maintenance of the buffer areas, the Homeowner's Association (HOA) and the Special Service Area (SSA). Mayor Prochaska asked the Council, as a directive to the developer, if they were generally favorable to the rezoning requests. Aldermen Besco, Sticka, and James indicated that they in favor of the rezoning. Alderwoman Spears stated she was against it. Alderman Munns indicated that he was possibly in favor of the rezoning but he still had questions regarding the appearance of the units and buffering. Alderman Kot indicated that he was reluctantly in favor of the rezoning however he felt it was stepping back to grant the R -4 zoning and he had public safety issues. He supported new language in the agreement and moving it ahead. Dave Williams, 1307 Willow Way, addressed the Council. He expressed his concern regarding the rezoning of the property and the increase in density. He noted that the Planning Commission voted unanimously against the PUD amendment by a vote of 9 -1. He questioned if the developer has presented a new final plat. Attorney Kramer explained the process of the change and indicated that if the developer is granted the zoning change, he would have to resubmit new site plans and plats. Mr. Williams also commented on the flood plain and the market study done by the developer. He stated that the concern the residents of Fox Hill has is that the area was originally intended to be single - family and that is why they bought in the subdivision and the rezoning now changes this. I Page 7 of 10 Alderman Sticka asked the audience what they felt was the problem with townhomes. Mr. Williams indicated that he did not have a problem with townhomes and probably would live in one some day however he paid premium for his lot after verifying that the area was zoned for SFR and now there will be MFR behind his lot. Alderman James noted that with the current proposal, there is a larger buffer area between Mr. Williams' lot and the townhomes. Alderman Sticka also noted that the current Fox Hill subdivision is prominent with townhomes. Resident Rose Lederman (Willow Way) stated that when she purchased her home, she was also told there would be SFR behind her on the other side of the creek. She stated that she felt that the rug was pulled out from under her with the rezoning. She also expressed her concern about the area becoming a rental area as she felt that units currently in Fox Hill are being rented. Greg Ingemunson, board member of the HOA for the townhomes in Fox Hill, stated that they have passed an amendment to their by -laws stating that the units cannot be rented out. Alderman Sticka stated that the comment has been made that if the City knew ten years ago what it knows today, the area would have been planned for townhomes. Mayor Prochaska noted that with the changes to Eldamain Road, the City is trying to find the best solution to make the area work that will also help maintain the value of property in the area. Mayor Prochaska also noted that the townhomes are subject to architectural standards such as 50% brick on the front of the buildings and the minimum square footage is above what is required. These standards help to create an upscale development. Resident Tammy Gesinger stated that she would like to see the City limit the number of townhomes in Yorkville. Mayor Prochaska explained that the areas of MFR usually develop next to commercial areas and he noted that MFR are part of planned developments where there are also SFR bein g built. Mr. Williams asked if the developer has submitted architectural plans yet. He felt the Council should see what the area will look like before approving the rezoning. 'Attorney Kramer stated that the architectural plans are not qualifications for entering into a PUD agreement. The developer may not be the end builder of the development. The City has requested architectural plan that the developer will have to receive site designs and the developer agreed. She stated p p approval and architectural renderings will be required at that time. Mayor Prochaska noted that there are architectural standards in the PUD Agreement to address this concern. Joe Foerner, 4255 Eldamain Road, expressed his concern that the development will affect his agricultural property where he has horses. His stated that people may want to come and pet his horses and he wanted to know how he could protect both his animals and the people who approach them. Mayor Prochaska stated that there will not be a backyard or play area adjacent to his property from this development; a buffer area and open space will be between his property and the homes. He stated that there is a similar situation on the south side of the City were the developer was required to construct a buffer berm with plantings that discouraged people from going over it. He stated that similar language could be included in this agreement. Alderman Besco stated that he asked the developer to address this because he was aware that Mr. Foerner had horses on his property and the developer was open to this. Attorney Kramer stated that there is language in the agreement addressing the landscape buffer. She also stated that City Planner Mike Schoppe was consulted regarding the buffer and it is planned to be the type of buffer required between differing zoning classifications. Alderman Besco also asked if the there was right to farm language in the agreement and Attorney Kramer indicated that this language is on the final plat for the whole subdivision. Page 8 of 10 There was no further discussion. Rob Rov Falls- Concept Plan Art Daniels, president of the Sexton Companies, addressed the Council. He indicated that Sexton family has owned the property for about thirty years. It is located north of Veterans Parkway (Route 34), west of Cannonball Trail and east of Eldamain Road. The long -time tenants of the property are Dorothy and Wayne Cruise who maintain the property. He turned the presentation over to Stephen Yas of Yas/Fischel Partnership. Mr. Yas stated that the spirit of this development is to keep with the identity of the existing community. He noted the following about the development: o Fifteen acres of the existing farm is planned to be restored and used as an educational facility. There will also be horse boarding available for use on the bridle paths planned. o The existing architecture of the historic areas has been researched and this style will be reflected in the buildings planned for the area. The developer will maintain architectural control. o 80% of the site will be open space or prairie restoration land. A conservation landscape architect will also be working with the developer on designing the site. o The entrance to the development is planned to be across from the Sycamore Street entrance to the Fox Hill subdivision across Route 34. o The natural lowlands of the property are planned to be wet detention areas; ponds with prairie grass. There is 34.4 acres of detention. o Along Route 34 there will be a retail area with offices or condominiums over the commercial area. Parking will be behind the buildings and the style will appear similar to the existing downtown area. Depending on the hydrology of the area, there may be parking below grade, under the buildings. He noted that they have done a similar project in Willow Springs, Illinois. o Townhomes with alleys are planned behind the retail area. There will be parallel parking on one side of the street. Garages, parking areas and garbage pick -up will be in 60' alleys behind the buildings. There will be 183' between townhomes which will have a 14' front yard, 5' side yards and 10' of parking. o 5,000 square foot condos are also planned for the site with alleys behind these buildings. o There will be a HOA clubhouse and pool. A park with baseball and soccer fields is planned along with sandy beach areas along the retention pond. o The plan is for 33 SFR on 15,000 square foot lots; 87 SFR on 12,000 square foot lots; 59 5,000 square foot condos, 240 townhomes and 115 condos over the commercial area which may be reduced by office units. Mr. Daniels asked the Council if they had any issues or concerns. Mayor Prochaska explained to the Council that this concept plan was presented to the Planning Commission and the majority of the Commission was intrigued by the concept. The Commission questioned how the 5,000 square foot condo sites would work and the alleys. Alderman James reported that the concept was also presented to the Park Board. He noted that there were details to be worked out but overall the feedback was positive. The Board was happy to see this concept. Alderman James thanked Mr. Daniels for bringing in a concept that is different from other subdivisions. Alderman James asked if only one condo would be on the 5,000 sq. ft. lots or would it be multiple units. Mr. Yas stated one unit with one family would be on each 5,000 sq. ft. site. Alderman James asked how many stories the retail buildings would have. Mr. Yas indicated that i Page 9 of 10 they will be three to four story buildings. Mr. Yas stated that townhomes will be probably two to three stories and the homes are two to two and a half stories tall. Alderman James asked if the retail would look similar to the existing downtown. Mr. Yas stated that the objection is to have it similar; an updated version. Mr. Daniels noted that they are working with the Yorkville Economic Development Corporation to address what type of businesses would be attracted to the area. Mr. Yas noted that they have done demographic studies and real estate profiles and the information indicates that this type of project will work in Yorkville. Alderman Sticka asked where the development they referred to is in Willow Springs and if it had the alley concept. Mr. Yas stated that Willow Springs Village Center is on Archer Avenue and Willow Springs Road and it does have the alley concept. Mr. Yas also noted that they are working in Plainfield developing condos over retail. There were no further questions or comments. Mayor Prochaska thanked Mr. Yas and Mr. Daniels for their presentation. PC 2004 -04 Villas at the Preserve — Concevt Plan Chris Lannert addressed the Council. He noted that the concept plan has been reviewed by both the Planning Commission and the Park Board. Mr. Lannert outlined the development: o The site is approximately 24 acres located south of Route 71 and east of Route 47 adjacent to the Shell station and surrounded by the Forest Preserve. The development will consist of 42 lots for 84 duplexes on 12,000 sq. ft. lots. o There are two different swales on the site which will be worked into the plan. o The main entrance and single point of access will be across Route 71 from the entrance of Sunflower Estates. o There will be 25% open space and the developer is working with the Park Board and Forest Preserve District in regards to a walkway. 1.98 acres will be dedicated for parks. o There will be buffers along the commercial property. o There will be a stub to the adjoining Forest Preserve Road. Mr. Lannert displayed a prototype of the duplexes. Alderman Sticka asked how the Fire Department felt about the single entrance. Mayor Prochaska noted that at the Planning Commission it was discussed to get an access easement to the east. Mr. Lannert stated he is investigating the easement to the Shell property. Attorney Kramer stated that Planning Commission Chairman Tom Lindblom was happy with the divided access to the subdivision. Alderman James asked what the lot sizes were. Mr. Lannert stated that the minimum lot size 80' by 150' which is 12,000 sq. ft. The average lot is probably going to be around 13, 050 sq. ft.. Mayor Prochaska noted that the standard is 15,000 sq. ft. Attorney Kramer stated that when the Planning Commission saw the architectural rendering which appears as a large home rather than a duplex and heard the willingness to follow architectural guidelines in the PUD, they were comfortable with the concept. There were no further comments or questions. Mayor Prochaska thanked the developer for the presentation. Additional Business Mayor Prochaska stated in the interest of moving on to the following City Council meeting, additional business would be held until later. Page 10 of 10 Administrator Graff asked if some of the items discussed could be placed on the Consent Agenda. Attorney Kramer stated that if the Council approved, this could be done. Mayor Prochaska adjourned the meeting and gave a five minute break before beginning the City Council meeting. The meeting was adjourned at 9:25 P.M. Minutes submitted by Jackie Milschewski, City Clerk COMMITTEE OF THE WHOLE CITY COUNCIL MEETING APRIL 27 2004 PLEASE PRINT NAME: ADDRESS: l �re� �r.,z���s 153 °� Co- trc� ��.►� tom. "5 T a5 com Nl-uiS (d 1 S. 121 firer V-