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COW Minutes 2004 01-20-04 Page 1 of 8 APPROVED WITH REVISIONS 7/27/04 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE TUESDAY, JANUARY 20, 2004 7:00 P.M. MEMBERS PRESENT: Mayor Art Prochaska Alderman Joe Besco Alderwoman Val Burd Alderman Larry Kot Alderwoman Rose Spears Alderman Rich Sticka Alderman Marty Munns Alderwoman Wanda Ohare Alderman Paul James CITY STAFF PRESENT: City Administrator Anton Graff City Treasurer Bill Powell City Attorney Dan Kramer Police Chief Harold Martin Finance Director Traci Pleckham Executive Director of Yorkville Economic Development Commission Lynn Dubajic Public Works Director Eric Dhuse Parks and Recreation Director Laura Brown GUESTS (as listed below and on attached sheet): Mike Rennels of Southwest Fox Valley Cable Consortium, Sugar Grove, Illinois Attorney Wade Joyner for Progress Holdings, Plano, Illinois Jason Bauer of Engineering Enterprises, Inc., Sugar Grove, Illinois Ronald Naylor of Engineering Enterprises, Inc., Sugar Grove, Illinois Jeff Freeman of Engineering Enterprises, Inc., Sugar Grove, Illinois Charles Kraupner, Yorkville Resident Dr. Peter LoDestro, Yorkville Resident Mitch LaFave, Ocean Atlantic, St. Charles, Illinois Victor Filippini of Holland and Knight, Chicago, Illinois Attorney Sanford Stein of GCD, Chicago, Illinois Attorney Robert Smith of Seyfarth and Shaw, Chicago, Illinois This meeting was called to order at 7:05 p.m. PRESENTATIONS Page 2of8 Grande Reserve Perimeter Roads by Engineering Enterprises Jeff Freeman advised the Committee that Ron Naylor, senior project manager and John Whitehouse of Engineering Enterprises have begun the design of this project in order to move forward with the Bristol Ridge Road to the first of the four phases. Mr. Naylor presented a set of plans to the Committee, which he states, is about 90% completed. He stated that Jason Bauer, also present at this meeting, was the key person who did the majority of the designs. He stated that to date, his company is on target with the dates of the proposed schedule. They foresee this going out to bid on March 17, 2004, with the project completion date of September 30, 2004, as per the City's annexation agreement with MPI. Mr. Naylor stated that in December, he and his staff met with the Public Works Department to iron out issues with respect to the overall design of Bristol Ridge Road. It was his understanding that the City wanted to maintain the rural concept of this proposed open road, which means that they asked that this road not have any curbs or gutters. He believes that his design meets this criteria. They requested two -foot paved shoulders on either side of this road, with two -, four- or six -foot aggregate shoulders adjacent to the paved shoulders throughout its length. Public Works Committee members asked that they keep the narrower shoulders down through the existing residential areas. As the road passes the residential area, it will have wider aggregate areas with open ditches. Mr. Bauer indicated that these ditches will run along the entire length of Bristol Ridge Road, starting at Route 34 and ending at Blackberry Creek. As per the Public Work's recommendation, sidewalks will line the road along the east side of Bristol Ridge Road up to the new road coming out of the MPI development, opposite Sunset Avenue, which will interconnect with the bike pathway, also part of MPl's development. Another item discussed at the Public Works meeting was the need for landscaping some of the medians, as well as the landscaping of trees along the shoulders of the public right - of -way of the road, at the North end, but only on the East side of the development, opposite the existing residential area. Minimal lighting along the medians was proposed as well. Mr. Naylor further stated that questions arose in the Public Works meeting with respect to accommodating the growth along the proposed three -lane road. He stated that a re- evaluation has been done to accommodate the expected increase in traffic. They determined that there will be 12,000- 13,000 vehicles on Kennedy Road, and along the North end of Kennedy, approximately 15,000 vehicles. Along Bristol Ridge Road, they foresee 8,000 -9,000 vehicles traveling this road. He believes that the area of the road that has only two lanes will still be large enough to accommodate the projected traffic. It was recommended to add a left -hand turn lane to Oaklawn Avenue, so as not to impede traffic. A similar right -hand turn land will be placed on Kennedy. This will be a thru lane. Mr. Bauer stated that in order to not impact current residents; all additional pavements I Page 3 of 8 will be on the East side, or what he referred to as, "the MPI side ", so as not to change the boundaries of the ditch line. Mr. Bauer believes that the goal of keeping this roadway as a rural one was achieved by the easily maintained shrubbed landscaping within the medians and parkway trees. Mr. Bauer further stated that the key issue while this project is underway is to work each phase in such a way as to allow residents along the roadway complete access. Mr. Bauer stated that currently they are under their preliminary estimate. He foresees the final plans to be ready by the week of February 9, 2004. By consensus of this Committee's members, this will precede to placement of the Advertisement for Bid in the paper by February 18, 2004, after Engineering Enterprises' proposed project schedule was approved. The Mayor reminded the members that MPI's dollars is financing this project, as previously agreed. Final approval of the plat is expected to take place at the March Planning Commission Meeting. Waubonsee Courses by Mike Rennels of Cable Consortium Mr. Mike Rennels, the public manager of access programming at Waubonsee Community College, stated that he is offering video production and equipment classes that are expected to begin in February and April, on four consecutive Saturdays. This is a non- credit course offered at Waubonsee, which offers a certification in access production. He stated it is mandatory to attend these classes that teaches the operation and handling of video equipment that can be checked out for use from their video library. He stated that his public access station could be utilized for placing on the Community Bulletin Board, the press releases and public notices one would normally see in the newspaper. Yorkville events and fundraisers could also be broadcasted. He stated that he also oversees the studio facilities at Waubonsee Community College. The name of the group who produce the public access programming is the Southwest Fox Valley Cable Consortium. North Aurora, Oswego, Plano, Sandwich and Waubonsee Community College are all current members of this consortium. The Mayor recommended putting together ideas for future programs as well as determine who will be selected to attend this training offered by Mr. Rennels for the ability to check out the video equipment. * *See discussion regarding job description of the proposed Community Relations Manager below, under the Adhoc Tourism Committee. MAYOR ZBA 2003 -06 LoDestro - Sign Variance - ZBA 1/8/04 This comes to this Committee as a recommendation from the Zoning Board of Appeals from a 5 -0 vote, to approve the request by Dr. LoDestro for a sign variance. Dr. LoDestro stated he wishes to place in front of his office, a sign that would stand higher than the 6 -ft. maximum size allowed by the ordinance. He anticipates with the widening Page 4 of 8 of Route 47 and increased traffic the current sign may be obscured from passerbys. The sign, he stated, will fit with the architecture of the building. In identifying the hardship that might be caused by varying the ordinance, Alderman Joe Besco reviewed the stats on the deviation of the grade. It is the opinion of the City attorney that they met the requirements for proving the hardship that this would cause if the variance was not granted. The concern of the zoning board was this sign's height in comparison with the depth of the land. They suspect that the grade may possibly be less than the road. Dr. LoDestro stated that the grade is in fact less than the road, and further, he checked with IDOT who verified that the road will be raised (the depth will be increased) during reconstruction. The Mayor recommended to the Committee that in the near future, they look into modifying the ordinance, which could allow the height of the sign to be determined relevant to the depth of the land. He intends to review this ordinance. He agreed to place this on Consent Agenda for the next City Council meeting, due to the fact that the grade is actually less than the road, which meets the criteria for approval. There were no objections by members present. ZBA 2003 -07 Schipper - Setback Variances - ZBA 1/8/04 This setback variance involves the property in a subdivision located at 419 Park Street, which is zoned R -1, instead of R -2. It is a possibility that the entire area needs to be rezoned. City Attorney Dan Kramer stated he will check to see if this was just a typographical error. The Mayor stated that due to this unusual R -1 zoning, any addition to property would require a variance. The purpose for the proposed addition to this property is to allow for a handicapped- accessible room. The R -1 zoning requires a 40 -ft. front yard setback and 50 -ft. rear yard setback. The shed is an accessory building, which is allowed to exceed the lot line, since it is not subject to the provisions of this ordinance. The Mayor stated that he would have no problem granting this variance. He and the Council members have recommended moving this to Consent Agenda. Goal Setting - COW 1/6/04 This Goal Setting Session is scheduled for February 7, 2004 from noon to four. The goal is to establish the basic goals in two hours and then go into Executive Session for the remaining two hours to do the administrative staff reviews. Community Relations Manager Job Description - Adhoc Tourism 1/12/04 Alderwoman Burd reviewed with the Committee the draft of the job description. It was decided in the Adhoc Tourism Committee that this person would report directly to the Mayor and serve, in essence as "an ambassador for the City ". They agreed on salary, and based it upon the wide variety of duties, many of which were described by Alderwoman Burd. They included overseeing and approving what gets placed on the proposed cable programming, as well as being responsible for all press releases. This person would be the contact person for all newspapers and agree to participate in Page 5 of 8 interviews conducted by the press, to be able serve as the Mayors spokesperson and the City's liaison for community events. They would help facilitate City- organized events with the overseeing of contracts that may be required for the event to take place. They would also work with other community organizations with the goal of promoting the City. The person selected for this position would need to possess excellent written and verbal communication skills. The Mayor added that he would like to see this person oversee the website, as he sees this as an immediate need. Currently, various staff members are maintaining this website which takes away from their own duties. With respect to educational requirements, the Adhoc Committee agreed that this person should possess a Bachelor's degree, or a minimum of 3 years of experience. There was discussion with respect to the salary range. The Mayor recommended working the proposed salary into the new budget. The Committee agreed to move forward by putting this on C.O.W.'s agenda for the following week. It will contain the discussed changes. It is of note that the Adhoc Tourism Committee has been abolished. ECONOMIC DEVELOPMENT COMMITTEE Progress Holding PUD Agreement - EDC 1/15/04 Attorney Wade Joyner stated that he met with the Economic Development Committee regarding the Progress Holdings project that took place at the corner of Routes 34 and 47. Specifically discussed were the landscaping setbacks that exceed the set requirements. He was able to show that IDOT's plans for expansion of Routes 47 and 34, will incorporate a 15 -foot buffer. The City currently meets the requirements of the ordinance. The PUD Agreement is requesting access to property by changing the bank's drive - through to the back versus the front facing Routes 34. The Mayor recommends placing this PUD Agreement onto City Council's Agenda for vote. Bristol Club PUD Amendment Administrator Graff stated that the Client for the Bristol Club had an emergency requiring them to leave for out of town, thus it was recommended to move this to the C.O.W. of February 17, 2004. Yorkville Hill Landscaping PUD Agreement - COW 1/6/04 Attorney Dan Kramer requested that this get moved to the next C.O.W. of February 3, 2004, since Attorney Kelly Kramer is still discussing issues with the Petitioner's attorney. Westbury Annexation Agreement Attorney Kramer stated that there was a staff meeting in which the Petitioner was present, to discuss formatting this Agreement. The Agreement was rewritten, with various provisions changed. It was requested by the Petitioner to have the amended preliminary plat reviewed at the Plan Commission, and have this ready for vote by the City Council along with the Annexation and PUD Agreements. Administrator Graff stated that page 6 of the Annexation Agreement was reworded and Page 6of8 several other issues remain open for discussion, such as the Rob Roy Creek Interceptor and the flood plain issue. Due to these outstanding issues, this would qualify only as a Concept PUD at this time. Currently, Administrator Graff and Attorney Kramer are working on solidifying the finance plan with the Developer. Attorney Kramer stated that in order to qualify for zoning entitlement, the language needs to be added to the paragraph contained on page 6. It was recommended by the Mayor to have this brought back to the next C.O.W. of February 3, 2004, to present a final draft with properly dated Exhibits for approval of a clean plat to be voted on by City Council on February 10, 2004. PARK BOARD There was no report available at the time of this meeting. PUBLIC WORKS COMMITTEE Medians and Islands in City R.O.W. Attorney Kramer stated that he still needs to resolve some outstanding issues with this. He believes that the medians should stay as public right -of -ways for some of the reasons John Whitehouse stated. Mr. Whitehouse also presented the argument that there was no allowance made for the margin of error that can take place on the part of the Surveyor. Attorney Kramer believes that a middle ground can be arrived at between the parties. He stated that the maintenance of the islands and medians are in fact the responsibility of the homeowners who enjoy it, even if they do not own it. It was agreed to have this issue returned to the next C.O.W. meeting due to the conflicting issues Attorney Kramer needs to resolve. PUBLIC SAFETY COMMITTEE Traffic Stop tatistical Stud per Illinois Statutes 11 -212 (Biased Based Policing) P Y P � g) - PS 12/17/03 Alderman Kot stated that effective the first of the year, and as mandated by new Statute 11 -212, State and local law enforcement agencies are now required to keep statistical information on citations and warnings that are written for a period of three years, to determine if any municipality is either intentionally or inadvertently participating in racial /gender profiling. Some of the information that is required to be collected is: 1) the type of violation; 2) the race and gender of the person cited; and, 3) the model of the vehicle they were operating. Chief Martin advised that the City is ready to maintain this statistical data, after the procedures for obtaining this information and the Statute itself was reviewed by the City Attorney and Bob Smith's firm. Chief Martin has abided by this Statute and has presented the data he collected to date to IDOT for their initial analysis. He was found to be in compliance with the new Statute, and no unfavorable reports were received. Administrator Graff stated that a base analysis needs to be assessed after the data is collected to due to the fact that only 2% of minorities reside in Yorkville, and a different percentage of minorities may only travel through or come to Yorkville to work. For this reason, Chief Martin is working with the University of Page 7of8 Illinois at Chicago for piloting the collection of the base data. Currently the Chief is looking into a purchasing a new software program for the purpose of maintaining this required statistical data. The Mayor recommended adding this to City Council's Consent Agenda for January 27, 2004, for the purpose of adopting this new police department policy. ADMINISTRATION COMMITEE Detail Board Report (Bill List) Items on the bill list were reviewed and questions were raised by the Committee members, with Administrator Graff and Finance Director Traci Pleckham supplying answers to clarify those items listed. 2003 - 2004 Revised Budget - COW 1/6104 This will be available for review at the next C.O.W. meeting of February 3, 2004. Quarterly Review of Grant Status Spreadsheet - Administration 1/8/04 This was presented for informational purposes only. It is the intention of the Committee to bring this back to Council for quarterly review. It was also recommended to have this Report returned to C.O.W. whenever an update on a grant occurs. Final Review of Updated Vehicle Policy - Administration 1/8/04 This has been tabled until Attorney Daniel Kramer has had a chance to review this. Employee Manual - COW 1/13/04 Robert Smith of the law firm of Seyfarth and Shaw was present for this meeting to discuss the various questions previously raised by the C.O.W. committee members: • Who can request drug testing? • The right to privacy for those employees who take prescription medication • Employee hiring and firing policies • Procedures for performance reviews of department heads • Is an Executive Session the correct forum for addressing problems with employees? • Workplace searches • Workplace violence policy • Whether seniority and benefits are retained for those who take a leave of absence • Termination procedures (Attorney Smith to compose the verbiage to add to the Employee Manual) • Comp time • Probationary Period • Approval for Education/Training, specifically with respect to training or education not being job - related. • Employees' responsibility to notify the City of their change in address Page 8 of 8 The Employee Manual will return to the C.O.W. meeting of February 3, 2004, with revisions as discussed. ADDITIONAL BUSINESS There were no items brought up for additional business. This meeting adjourned at 10:45 p.m. Respectfully submitted by Gail -Marie Denton Note: Tape #2 malfunctioned PLEASE SIGN IN, o � vs 0 MEETING: CO w ,1 DATE: I NAME STREET ADDRESS CITY /Vll 1ti S SDUVAA5rr Y YAUE y eAel-;E SuGAfl Gam , G4�JSc+e�� -�M O ak a oy ek - 2 7� l s n i ��'NR�D /�R''%C,O� tti� i�✓C%ri'P- i.c,�(� �.vi %P -I°P �s�5 �SIIG -�1"P_ C� �c/C I � ���� ��1G�t.l�TZ,zN ���� ��le, S�rC�.�2 ��Z -� ✓� V Dr , ne err Lobes 3v3 ti m L6f4,u6 k of ij6 p It W16wr V(Uro2 FlUrelNI l31 S. A&4ROPRN, 302'PL CN1CA<io (eoloi3 � L YJ 1�1 d• W AQU - F-1 2 , Ph F - C�XaCOV\ $4C,�k.n S � FitRT/� sf��✓ ' I I I