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COW Minutes 2003 12-02-03 Page l of 17 APPROVED 12/14/04 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE MEETING TUESDAY, DECEMBER 2, 2003 7:00 P.M. CITY CONFERENCE ROOM Council Members in Attendance: Alderman Besco Alderwoman Burd Alderman Kot Alderwoman Spears Alderman Sticka City Staff in Attendance: Mayor Prochaska City Administrator Tony Graff City Attorney Dan Kramer City Treasurer Bill Powell Police Chief Harold Martin Public Works Director Eric Dhuse Finance Director Tracy Pleckham Executive Director of Parks & Rec Laura Brown Guests: Please see sign in sheet. The meeting was called to order at 7:1Opm. Public Hearing: None Presentation: 1. Jason Minalga from Civil & Engineering Consultants regarding Brownfield's: Mr. Graff brought the Committee up to date with the situation at hand first. Mr. Graff stated to the Committee that in there packets they have the letter that states that the other Brownfield applicant, that the City has contracts with, has withdrawn from their contract. Mr. Graff pointed out that both Jason Mihalga and Mike Monteith worked for Envirogen when the presentation was given by them and are now with CEC. He went on to state that the gentlemen contacted the City in August to let them know that they had moved on to the new Company if they needed help with Brownfield. Mr. Graff at that time explained to them that the Council had already agreed with Envirogen and were moving forward with that contract per a legal review from Dan Kramer and also final approval from City Council. Envirogen withdrew there contract for a couple reasons. The first was that Envirogen was had the understanding that as part of the grant application process they would be getting the management work and 1 i Page 2 of 17 manage the grant after it was awarder. Mr. Graff stated that it was very clear, as Mr. Kramer had pointed out as well, that there was an exhibit in their agreement that said `all guaranteed work was still going to be dependent upon on the City Council after the grant application, there was no guarantee that they would get Phase I engineering work or managing the grant. He went on to state that during this process Envirogen merged with another Company called Shaw. In the prospective of everything going on, Shaw had a different philosophy. When Mr. Graff met with the Shaw representative it was unequivocally pointed out that the contract that was approved by City Council had that language in there and they then got back to him within a couple days and the letter was received stating that they were withdrawing there services for the Brownfield grant application. When that happened Mr. Graff contacted CEC stating that the opportunity had arose that if they were interested they could come in and provide a proposal, which they did. That information is in the Committee's packet here and Mr. Kramer is currently looking over the scope of service agreement. He stated that the one thing that is different with CEC than it was with Envirogen is that if the grant application is approved and the City does not elect to hire CEC to manage and do Phase I, the City would then owe them $7,500.00 for doing the grant application preparation. Mr. Graff stated that he does know that Envirogen did tell him on numerous occasions that this grant application was becoming more complex than they anticipated because the City had more applicants that came forth once the City went public and they were meeting with numerous property owners, not just one or two. He stated that the City was up to five property owners last he knew with a possible sixth that just recently contacted the City too. Mr. Graff stated he has a feeling that they went into it with a bit of tunnel vision as far as them thinking that they were going to get other services. He did inform them that if they wanted to amend their contract that he could bring that forth to the Mayor and City Council, but they just elected to send the letter to withdraw. Now the City has this proposal up from CEC. Mr. Graff once again stated that the big difference is the $2500.00 increase in fee if CEC is not awarded the grant work. Mr. Graff stated that he did contact the City's environment consultant attorneys which is the Law Firm of Gardner, Carton & Douglas. John Watson who is here this evening, has worked with Mike Monteith and stated that they have the knowledge, skills and ability to do the Brownfield application and they have the professional backing to do the work. Mr. Graff stated that they are currently contacting the references given by CEC to confirm their ability. In talking to the IEPA, they are recognized in that area as being able to do the grant. At this time Jason Mihalga took the floor to speak to the Committee. He began by stating that they appreciate the opportunity to be working with the City with all that has transpired since working with the City when working for Envirogen. He then stated that if they do the grant application that they still would like the work 2 Page 3 of 17 of management and Phase I as well as the work after that point. They know that the work is not guaranteed and will be up to them to earn the City's business. They do want to be reimbursed for there time involved if the City elects to send the management and Phase I work elsewhere. If they do get the grant that portion that is in the proposal shows that the City of Yorkville, which comes with them earning the City's business. He's hoping to make this a win -win situation for the City and bringing down some barriers to making these projects hopefully a go. As far as budgets the way they are with people a little adverse to spending money and it just not being there. Mike Monteith approached the Committee at this time stating that he just wanted to elaborate on the fact that when they came before the City when working with their previous employer, Envirogen, they felt that it was the best for their clients and them that they had developed relationships established over the past several years. This gives them more ability to do more with the Clients and gives the Clients more value from the services they provide. He went on to state that they have been very much involved with the different types of projects that they have completed in the past with the various municipalities. So much so, that these municipalities ask for help in finding ideas to help stream line the process, make it more cost effective and to successfully bring these to closure. Their previous experience does show that they have received comprehensive no further remediation letters for these municipalities. They have successfully closed out grants, secured 10 grants and managed 14 with the previous Company and are bringing that experience with them to CEC. The men stressed that this will help the City all the way around as far as improvement and they would like to be a part of that. They are working on three grants with the Village of Rossville, Village of Rosemont, and the City of Princeton. They also have several others that are in the transition period where they are waiting for signed contracts. Looking at that $7500.00 fee, they look at this as they will earn the City's business and trust so that fee will not be a factor later on. The Committee was asked by Mayor Prochaska if anyone had any questions at this time. Alderman Sticka asked how big of a grant do they think the City of Yorkville will want to achieve. They responded that they like to approach this in phases. That is due to that they like to go after something than what the grant might be worth. They went on to state that the Illinois grant program encourages that because it makes more dollars available to other municipalities, making it cost effective. If a City has a time sensitive project, they would like to get a lot my information up front to get the best idea of what kind of work has to be done to get the City those grant dollars. The maximum amount of the grant is $240,000.00, but they won't write a grant for or have a grant written for $240,000.00 automatically if its not justified. They want to start the City out with a grant amount based on reviewing each property. Then take it where you can amend the grant to go after additional dollars. This is a cost effective approach and helps the City see up front how 3 Page 4 of 17 much money is going in towards those projects, how much in kind the City will need to come up with for their 30% match, which needs to be taken into account. Alderman Sticka then stated that this is what he is wondering about, how much the City will have to come up with to match the grant. Basically the City is the one applying for the money for the actual property owners, the City will then determine who gets what amount for the work needed and the City will have to collect from the property owners the money to match the amount of the grant at 30 %. The 30% does not have to be monetary; it can also be in time (Staff's time, equipment, fencing, etc). The rest can come through the private owners if needed. Mr. Graff they have high interest to get the remediation done in the next 12 -18 months so they can sell the property. The property owners did seem interested to contribute their fare share. Mr. Graff went on to say that they were at a point where they were up to $190,000.00 of the grant money and all three property owners were looking to put in the 30% share because they were getting financial assistance. Mayor Prochaska asked what type of time schedule they were looking at based on what the City has so far. They replied that there is 4 -6 weeks in the scope of services time line. This will be gathering information, get information to a point to develop a draft form or even the actual application. Mr. Graff stated IEPA was already scheduled to come out, and with all the changes that came about they were cancelled and when the City is locked into a new consultant they have agreed to reschedule coming out to the City to tour two of the Properties to gather information. This time line does seem very doable. Mr. Mihalga added that it basically takes 8 -10 weeks for the whole project. This time frame is expedited for dealing with the State of Illinois too. Usually with the relationships they all have with the workers in those offices, they usually can get things moved through at a faster pace if is a time sensitive situation. Mr. Graff added that the property owners are looking for some sort of resolution by springtime. Some things are contingent upon City Council's approval and also private owners giving access to the sites for gathering information. Alderwoman Spears questioned why there was a $2500.00 increase in the charge if the City were to choose another Consultant to do work after the grant was awarded. Mr. Mihalga responded that the time involved is worth the money and the Company they were previously with was not comfortable with not knowing if they would continue working with the City. It was pointed out again that this fee will not be paid by the City if they do continue working with CEC anyways. The Committee agreed to put this onto the next City Council meeting under the Mayors Report for a full vote. Mayor Prochaska added that he hesitates for the City to make this item to take too long in keeping the grant process moving for the sake of the property owners. The Committee also agreed that they were comfortable with the representatives when they were with the previous company and are here now representing CEC in doing the work for the City. 4 Page 5of17 Mr. Kramer stated that he had looked over the proposal already. He stated that the scope of work, the service arrangement, the ownership of the materials afterwards is a lot cleaner then it was with the previous company and he likes seeing that. He did state that they need to discuss Article 19. He stated that it is a nice dispute resolution but they need to have it as Kendall County. That change will be made. Mr. Graff stated that two things have happened here. Once a grant is awarded, they will need to do a public notice that it has been awarded to let any property owners that are interested the City can than amend it as necessary. This will continue the public relation end of it as far as letting all be aware of the situation. The City does want as many involved as possible. Mr. Mihalga added that they do help in finding other property owners who are interested as well as making sure they are qualified. Economic Development Committee: The Committee moved onto EDC due to the numerous amounts of individuals here to speak on these issues. 1. Building Permit Report for September 2003: The Mayor stated that the City is up in the amount from the previous year at this time. Mr. Graff stated that September this year they had 21 for Single Family, 6 Multi - Family, 4 Commercial, and 55 Miscellaneous totaling $21,034,065.00 in construction costs. These will move on to City Council as Consent Agenda. 2. PC 2003 -13 Runge Property: IRED Development Ventures, Inc. request to Annex and Rezone — Plan Comm 11/12/03: Mr. Graff started the discussion stating that the Planning Comm voted to annex the property and the preliminary plan is under review and is not in engineering. The land is located at Route 47 & Baseline Road with a total of 150 acres. Gary Weber with GRWA Wheaton who is the land planner representing Inland and Mid America spoke regarding the issue. The land is currently zoned A -1 in Kendall County and they would like to annex and rezone the property for B -3 for Commercial with 19.2 acres at the corner, R -3 Town homes, R -2 Single - Family with minimum lot size of 12,000 sq ft. The property has the ComEd right of way to the South. They have had 2 meetings with the park board, so the plan has changed. They are proposing a 5.35 acre park site at the S.W. corner. The idea being there that it could be expanded in the future if and when the property to the west would develop. That park will connect with a bike trail that follows the ComEd line and would hook up to a regional bike trail that will go along the Rob Roy Creek Corridor. They will include a trail -head just south of the Commercial Area to give potential for shared parking for use. For the Commercial area they are proposing to have full access on Route 47 central to the site and two more full access points along Baseline Road. 5 Page 6 of 17 The town home area is looking at having 30.4 acres of town homes, with 153 units which makes 5 units per acre with an access point off of Baseline Road that will connect to the Single Family section down to the South. In this development some of the units will be on a parking court. This will give better roadways. They are also proposing that some where along the interface with the Commercial property they would have a 30 foot access easement to make some sort of connection. The Single Family site will have 2 access points along Baseline Road. They have requested 3 variations from the subdivision ordinance. They are requesting a 60 foot right of way, the City requires a 66 feet. They are requesting a 28 foot back to back on the road way and the City requires 30 feet back to back. They are also requesting some of the Town home units be private courts with out complete public right of way frontage. They feel these standards work very well. They are here tonight to work with staff to figure out all the details. The variances requested were submitted with the packages. The parks do not reach the parks land cash requirement, so there will be a cash contribution made for that issue. The total units looking at here are 342 units, with 153 Multi - family and 189 Single - family. Mayor Prochaska stated that at this point the City is looking at Annexation and zoning part of the proposal. The question here then is do they want this annexed to the City. The Mayor's recommendation is for this to be annexed to the City. As far as the zoning, is the question of the three breaks in the zoning? Mayor Prochaska asked then why the request in variances when looking for straight zoning. Mayor Prochaska does not recommend the zoning approval with the variances. The Committee discussed some of the specifics of the plan at this point to reiterate what Mr. Weber had already discussed. Mr. Graff pointed out that Mike Shoppe felt that the Town homes did seem acceptable to be placed next to Commercial. He also felt that the green along Rob Roy corridor and the ComEd line were acceptable as well. He also stated that it will be the normal 50/50 or 60/40 for the land cash with the parks. Mr. Graff stated that the staff with Mid America Development is recommending a full road connector access to the Town homes. Mr. Graff pointed out that many residential homes next to Commercial have a lower value due to high service going on in the rear of the stores, that's why town homes would be better backing the Commercial. They are starting the traffic study, so they can look at this issue when finished. Alderman Sticka pointed out that Baseline Road is currently a 6 Page 7 of 17 County Road, shared by both Kendall and Kane Road. Mr. Kramer explained that County Roads stay as the Counties after annexation unless there is an intra- governmental with the County to transfer jurisdiction. The Developer will then have to work with both Counties on the traffic situation. Mr. Kramer stated that there is a draft agreement from Dan Bauer with Inland sent to the City and the City has received comments from John Whitehouse from E.E.I. and an entire package is being made up to give to the Committee. He went on to state that they are at almost a final agreement for annexation and zoning with the Developer. The City still needs to do public hearing and City Council. Alderman Kot brought up the point that this development does not match the Council's comprehensive plan for development. Mayor Prochaska explained that the plan was made for density restrictions mainly; it does not necessarily restrict certain living structures. The density they are asking for of 2.28 is .03 over the 2.25 that was put in the City's plan. The next steps this will go through are as follows: • Come back to Cow with a draft of an annexation agreement with staff comments incorporated. • That will then go on for a public hearing at the second City Council in January. (Public Hearing with the County's looking over first.) • Receive public comments • Create Final Draft where City Council has public hearing again in February. 3. PC 2003 -16 Gary and Lelalu Maxwell request to Annex and Rezone — Plan Comm 11/12/03: Mayor Prochaska started the discussion stating that the Plan Comm also received a positive recommendation from there Committee with a vote of 9 -yes, 1- absent. This is known also as the Kendall General Store on Route 71. Mr. Kramer stated they have a b -3 annexation agreement similar to the ones done up and down all the main highways. He stated that so far they have not asked for anything special to be included. Mr. Graff stated they even withdrew the 6 month temporary mobile home request. Mr. Kramer asked the Committee members to look over the paperwork and let him know if there is anything that needs to be changed. If no changes are necessary, he can get the ordinances and everything else set to go. They are looking to have the public hearing on the 23` of December. Mr. Graff will double check that date. The Committee agreed to put this back on the agenda for the 16 of December for the comments of the Council. 4. Kylyn's Ridge Phase 2 Final Plat — Plan Comm 11/12/03: Mayor Prochaska informed the Committee this passed unanimously at Plan Comm. Dirk Gunderson with AMG Homes Inc. stated that they did get approval from Mike Shoppe by phone for the landscaping along the Road. He also stated that as far as he was aware all of the Committee's concerns had been met. Mr. Graff stated that 7 I Page 8 of 17 the landscaping was the only issue left to resolve and now is approved by Mike Shoppe. This will go onto Consent Agenda for Final Plat next week. 5. Raintree Village Units 2 & 3 Final Plat — Plan Comm 11/12/03: Mayor Prochaska stated this also passed unanimously subject to staff comments. Mr. Graff went onto explain that there were some staff comments and that Rich Guerard with Wyndham Deerpoint was here to explain. Mr. Guerard stated that John Whitehouse and Mike Shoppe were both present and they both submitted letters saying that the final engineering was in substantially performance with the preliminary plans. They had some recommendations, all of which have been accepted. Alderman Kot questioned if they were including the historical names. Mr. Graff stated he would see if that had been reviewed. Mr. Guerard stated they would have no objection to using as many historical names as the City required. With the historical names being put into the plan, this will go onto consent agenda on the next City Council agenda. 6. PC 2003 -24 Silver Fox Concept Plan — Plan Comm 11/12/03: Mayor Prochaska stated that there was discussion on the land use, the density concerns and parks being allowed with regional park across the street possibly and access onto Pocket Road. At this point it is at the concept stage only. Attorney Gregg Ingemunson representing Midwest Development approached the Committee to speak about the above development. He stated they are proposing 187 unit residential developments on Fox Road out near Highpoint Road which will be contiguous once the Boy Scout Camp comes in and they can then have annexation. This will set the density at 1.8 units per acre and there are some concerns about coming down to 1.5 units per acre. They feel that the other developments in that area are at the same level as they are proposing. He then stated that there has also been some questions regarding the parks and they are open to suggestions on park resolutions. He stated when they met with the Park Board it had been suggested for the Developers to do a 4 acre piece on the outskirts that would connect later with future development. The average lot size would be at 14,500 sq ft. He then opened the floor for questions. Alderman Kot stated that he feels density is the big issue. He pointed out that the City's Plan designates that area for 1.5 units per acre. He doesn't want to see these developments to go away from the plan. He stated that in this situation there aren't any infrastructure issues that come into play as far as he can see, so he'd like to see it come in with the proper density. Mr. Ingemunson stated that their issue there is the numbers working out if they change density. With nothing else out there, they would be bringing in the water and sewer, which will not work out financially for them. The property owners around them aren't looking too 8 Page 9 of 17 interested in going in with them on the cost of bringing in sewer and water to the area either. Mr. Graff stated that in the area they are planning the new waste water collection system. The interceptor that was put into the river's edge was made large enough to continue with the interceptor along Fox Road and ultimately connect either through Fox Lawn to feed down to Route 71 or go west of Fox Lawn to feed down to Route 71 to catch the Route 71 corridor. Mayor Prochaska stated that if they got involved there would be some dollars to help pull together that interceptor. Mr. Graff went on to explain the benefits that would come out of this sewer being taken so far out. He also stated that he would like to see the development get closer to the 1.5 density, but an alternative could be going to free type housing where it uses well and septic if they wanted too. Mayor Prochaska brought up the issue that when Inland did their piece the County was having a problem going to septic with acre lots and he couldn't see this going that route either. The Committee discussed the possibilities further as far as using the municipal services as far as the pros and cons. Mayor Prochaska went on to state that the Plan Comm. had discussed the issue of having some access to the property at their meeting. The ideas that they came up with were around lot 26 & 25 would be left open until down the road when future development were to come in to decide the connector route and build from there and would be left open for emergency access. Mr. Graff pointed out that they had some swales out in the area. Mr. Bruce Sperling with Midwest Development stated that was the green area on the map they are showing. The parks don't mind the open space, but the developer will not be getting credit for park space where those swales are. Mr. Graff brought up that if there are some natural resource issues, in the comp plan, it has been discussed the idea of giving a 10% density credit for that. Mayor Prochaska stated in what quality the natural resource is and would have to carefully be looked into as far as the wording goes. Mayor Prochaska summed up the conversation stating that as far as concept they need to go back with the feed back they are receiving. As far as the access route that would be a great idea. He also suggested for them to go back and continue talking with the surrounding land owners to see what is going on. They will look over everything and go from there. 7. PC 2003 -25 Corner Stone Concept Plan — Plan Comm. 11/12/03: Gregg Ingemunson with Midwest spoke regarding this issue as well. He stated that this is located near the Greenbriar Subdivision where Greenbriar Road and Route 47 intersect better known as Hopkins Corner. They are looking to expand the Commercial area approximately 4 acres and cutting down the density in the 9 Page 10 of 17 residential. Previously it was proposed to be 72 units and now they will have 41 units. They are asking for the expansion of the commercial area to be able to attract a larger size development to come into that area. If the lot is too small it would lesson the choices of who could build their store there. The feedback from the Park Board was that they wanted to be able to connect a path throughout the development proposed. The buffer between the single family homes and the commercial is proposed to be at 30ft. The average lot size for this is 12,677 sq ft. with the smallest at 10,400 sq ft. Alderman Sticka questioned if the lots that had the smallest sq ft lot size, would back up to a greenway or open space. Mr. Ingemunson went through the plan to point out which of the small lots was backing up to open space or the buffer zone. Mayor Prochaska pointed out that the Council had already voted to accepting that some developments could have lots as small as 10,000 sq feet without backing up to green space. He then suggested that the town homes be backing the Commercial and the Single family being placed away from the Commercial. Pete Huinker stated that they would like to keep the Single Family located there from a dollar standpoint. Mayor Prochaska suggested that they could even build longer buildings and not so deep to keep the buffer bigger for the folks moving in. With taking out one of the lots suggested this idea would be possible. Mr. Graff questioned if IDOT had a discussion with the developers yet regarding the access point yet. They replied that they had not spoken with IDOT yet because they were assuming it would be a right in/right out set up there. Mr. Graff also questioned if the road did line up with Prairie Gardens and they replied that it did. Mr. Kramer stated that as far as procedure they are going to have to go through public hearing and plan commission for the rezoning some of the area from residential to business. If they amend the PUD agreement they will have to have a public hearing at the City Council. The PUD and the Annexation are all approved. The one thing that is currently missing is the annexation plat. Gregg Ingemunson replied that they changed the acreage on the commercial area. Mr. Kramer asked for that to get the boundary survey to record. Mayor Prochaska stated when that is done they can put in a request for rezoning and the amendment to PUD. The Plan Commission has to hear the rezoning part and the City Council hears the amendment to the PUD. Mayor Prochaska asked for that to be scheduled to be done. 8. Progress Holdings PUD Agreement: Mr. Kramer stated that they passed out a very rough, vanilla agreement and Kelly had also sent over a memo on 11/11/03 of the bullet points of items that Wade Joyner had requested to be included in the 10 Page 11 of 17 agreement. They are waiting for staff to look over and then can sit down with Wade Joyner to discuss. Wade Joyner stated to the Committee that a number of the bullet points that he has in there are simply cannibalized from the agreement. He did not incorporate the entire document because he felt that would not be necessary. He stated that the one thing not included which was discussed with City Council is a covenant regarding the building being masonry or the architectural guidelines, but that is on the check list. The landscaping plan they got comments back from Mike Shoppe and they have incorporated all the comments in the plan and have dropped off a revised copy with those in there. They did pull out a number of the bushes and added more perennials as requested. The perennials will also be placed in the right in/right out as suggested. He went on to discuss the redoing of the one intersection and had received comments back from IDOT saying that the right in/right outs are fine, but they suggested they might need an additional 17 ft of right away from where it is currently is. They are still reviewing the current plans. He is requesting to keep moving forward with the PUD plans as presented versus dealing with the sort of nebulous concept and as they went to final plat they could push IDOT into making a decision on the 17 ft issue. He doesn't feel that by moving the PUD through as presented and later having to do the 17ft, that is going to alter the over all bulk requirements of each lot. One of the bullet points that he did incorporate is from the Tucker Agreement which simply says that if the bulk standards are still met that they can still change the lot sizes which gives them flexibility. He moved on to speak about the cross access into Tucker's property. He has set up a meeting with Tucker and Jewel. They all feel it is better to not make the public go out onto the main road to enter the land. They will try to make an access off the Jewel lot. Mayor Prochaska suggested that the Bank be at the front corner and not have the drive -thru at the main corner. That way those cars will not be directly visible off the main corner of town. Mr. Kramer stated that he would like to let the parties meet before getting to far into discussion on the specifics. They will next need to get the preliminary plat approved by the City so that IDOT will move forward on there decision. This will come back to a future COW. The Committee moved back up the agenda to follow through the rest of agenda items in order. Mavor: 1. Coffee with the Mayor: December 6 th at Menard's from 9:00 - 11:OOam: Mayor Prochaska informed the Committee when the next coffee with the Mayor was scheduled. 11 Page 12 of 17 2. Readdress having YBSD Bill Directly: Mayor Prochaska stated this idea has been brought up by some of the Alderman to have YBSD to bill separately. He stated that according to the agreement the City has with them the City would have to a 90 day notice before the end of the year to push this forward. Alderman Sticka stated that the number one complaint he receives from the residents is the size of the water bill, which he feels is due to the sanitary bill size. With all the time spent dealing with directing the calls to the Sanitary District and he is told that the residents are frustrated due to the Sanitary District not answering the calls. He went on to state that soon Grande Reserve is going to come in and there is going to be two different Sanitary Districts. Some residents will get small sanitary district fees and other areas will get the higher fees which will all be billed out of Yorkville. Mr. Sticka feels this is going to cause a problem that they will be taking the time to explain over and over again. Mr. Sticka also stated that they had discussed going to monthly billing before in an effort to make the bills a smaller amount so each month the residents would not be faced with such a large bill and this in itself will cause a problem. The new problem will be the City having to do estimate bills and will double the work load. These are the reasons he feels this should be looked into more. Alderman Besco stated that he agrees with Alderman Sticka very strongly on this issue. Mayor Prochaska stated that he agrees with the fact that if the City has each of the sanitary districts bill there own out, this will reduce much of the calls. Mr. Kramer will draft a letter to inform the YBSD of the intents of the City since the Committee agreed to move this forward after discussion. 3. IDNR Grant of $100,000 for West Hydraulic Riverfront Greenway: Mayor Prochaska stated to the Committee that the COLT Grant for the land acquisition for the West Hydraulic Greenway that was previously frozen by the Governor's Office has been released. They have received the grant agreement and required forms that must be signed and returned to the IDNR office as soon as possible. He stated that the Council needs to pass a motion to allow the Mayor to sign the agreement. Laura Brown explained that she has already spoken to Mr. Kramer and all looks good to go forward to fax this in and then the City can contact Corland to begin the process. The Committee had no problems in doing this so this will go on consent agenda for the next City Council meeting. 4. City /School District Intergovernmental Agreement — Update: Mayor Prochaska stated that the City did have their first ADHOC Meeting and they had some discussion on this. Everyone did get a copy and understanding of what the Intergovernmental Agreement is currently too. They are meeting again this week 12 Page 13 of 17 to discuss this further and they will also discuss the issue of sharing properties. They are looking to update the agreement by March 2004. Mayor Prochaska stated that they will keep the Committee informed of any updates. Park Board: 1. Gilbert Park Meeting Report: Laura Brown started by passing out the copy of the minutes for the Committee to look over. She stated that the town meetings have been very successful as far as getting input, both positive and negative. At this meeting they had 8 different families with 1 written correspondence she received. Everyone who came out felt there was no need for an active park. They saw a value in having a passive park or what they called a Senior Park. This would have no active playground, just provide a place to sit and enjoy. After the meeting they have had several people call us and say that they do want a playground and they had not attended because they thought everyone would want it. The Park Board agreed at this point to move forward with the recommendation to acquire the property and later they can come back with an alternate plan to take to another town meeting to determine what the actual use should be then. They all felt the mission of preserving that property was still the ultimate goal with no additional open space in the area for the residents. Alderman Kot stated first that he felt Laura Brown did a great job handling the town meetings and answering questions. He went over some of the questions the residents brought up. He went on to state that a handful of people at the last meeting, but he feels it is very important they get as many out as possible to avoid not having everyone's feelings be told. Alderman Sticka brought up the point that residents even questioned the streets in the area being repaired at this meeting. The Committee went over some of the suggestions the residents had regarding the property, but all the Committee members felt that Laura Brown was correct with having the City acquire the property then go back and determine the plans at that time. Mayor Prochaska recommended that this go forward to City Council and he stated this will need a 2/3 vote to go through. This will go under the Mayor Report. Mr. Kramer stated that the title has been brought down and it is nice and clean. There would be a partial release of the owner's mortgage to convey this to the City and that has been arranged. The City has already had it surveyed and staked as well. He stated that this could go to the next City Council meeting. The Committee agreed for this to go forward with the City acquiring the property. 13 Page 14 of 17 Public Works Committee: 1. Well #7 and Treatment Facility — Results of Bid Opening: Alderman Besco stated they had a letter from EEI recommending that the City go with Poulos Construction Company in the amount of $1,655,000.00. EEI felt that even though they have not done work to this magnitude, all the references and responses have been good. Mr. Graff stated that they also had contact with other Public Entities as far as who this Company has done work with. Poulos Construction has done work with Argon which is a Federal Contract and got positive comments with that situation. He also stated that the awarding of the contract took longer here due to the Staff and EEI doing the investigative research to make sure the low bidder here had the good references and job background. Mayor Prochaska asked that this job be looked over carefully due to it being a new contractor they are working with and that the job needs to be done in a timely manner. This will go onto City Council as consent agenda. The Committee also discussed the idea of putting a policy together to keep contractors doing there work in a timely manner. This will have to be put together by the Public Works Committee and should have penalties and rewards for the contractors for if they take too long or get the job done faster than expected. 2. Fox Mill Landing Utility Easements and Final Acceptance — PW 11/24104 (CA): Alderman Besco stated that this was presented by Joe Wywrot at the meeting and recommended by the Committee to go forward. This will go forward to City Council as consent agenda subject to Mayor Prochaska's question of why it does not go through the 3` property. 3. Dickson Court Roadway Improvements Change Order — PW 11/24/03 (CA): Alderman Besco stated that this is a decrease in the amount of $1,806.68 due to the aggregate base not costing what it was planned on costing. This will go on to City Council as consent agenda. 4. Raintree Village Unit 1 Bond Reduction — PW 11/24/03 (CA): Alderman Besco stated that this was a $689,483.17 reduction and Mr. Wywrot found a $.01 difference do to rounding in their spreadsheet. This will go on to City Council as consent agenda. 14 Page 15 of 17 5. Savitski Property: a. Letter of Credit — PW 11/24/03 & b. Revised Sidewalk Agreement: Mr. Kramer stated that he has reviewed the information that Mr. Wywrot sent over. Their letter of credit was running out. They have submitted a new letter of credit and a revised agreement to go with it, which Mr. Kramer feels is in proper format. Mayor Prochaska asked if there was any issue with the revised agreement. Mr. Kramer stated that there is only if they want the sidewalk earlier than what they proposed. He stated they did a three part trigger that it would be when there is development adjoined or it could be done in 180 days with notice by the City if they request it all done. Mr. Kramer stated it mirrors the original it just extends the time and keeps the letter of credit from running out. Mr. Kramer stated the City should do a motion on the consent agenda which would authorize execution and recording of that extension. This will go on to City Council as consent agenda. 6. Supplement for Yorkville Transportation Study: Alderman Besco stated that he thought was to return to Public Works, not to come here. Mr. Graff stated it is here for clarification purposes. Mr. Graff stated that at the meeting the PW Committee was looking for a request to amend the original transportation scope of services. Smith Engineering did not receive notice to proceed on that amendment and proceeded at their own risk. He did talk to Jim Homby and confirmed that there was no notice to proceed. He is bringing this up to City Council now to still request payment for them with the work being completed. Mayor Prochaska has requested them to do a presentation at the next COW meeting. The Committee discussed this issue and decided they will look at the budget to see when they will get paid. This will go to Public Works from here to find the money. All felt they should receive payment as soon as possible. Public Safety Committee: 1. October 2003 Police Reports: Alderman Kot stated that there was no meeting in November so it was asked for these to continue on forward. If anyone had questions they were asked to direct those to Chief Martin. Mayor Prochaska stated he liked the new format of the Report. The Committee moved to send these on to City Council as consent agenda. Administration Committee: 1. Public Hearing Process — Admin. 11/13/03: Alderwoman Spears stated this came to them because the Committee felt that the City had no real process set -up. The process itself was fine, just how the public hearing came about was the question. Mayor Prochaska stated that when developers come in the City does give them a schedule of how things go and when public hearings will happen. He stated that when meetings don't hit correctly the process gets changed. He stated 15 Page 16 of 17 that he wanted the Committee to know that as far as developers go, this process will remain as the schedule is printed out. Otherwise, the Committee will go on consensus for other issues to be moved on to public hearing. 2. Chamber of Commerce — New Membership — Admin 11/13/03: Alderwoman Spears stated that this unanimously went through the Committee to approve the Premier level membership. This will be an annual cost of $2500.00. The Committee felt that the City is supporting the Chamber who has really been beneficial to the entire community. Mayor Prochaska explained that the Chamber has decided on using a tiered membership program and are asking the City to come in at the top tier. He feels that this is something that should go through for what the Chamber does. This will go on for a vote at City Council as consent agenda. Additional Business: • Alderman Kot stated that it was touched on earlier regarding the construction going on downtown. He stated that there was a situation this last weekend where the construction workers had actually blocked people in from getting out of their parking spots. He has been informed that the situation was not handled in a respectful manner. He feels that is not acceptable to happen in this City. Mr. Graff stated that the incident has been documented and have talked to the contractor. The Contractor apologized and has corrected the issue. • Alderwoman Burd questioned how the City will handle the Communication Towers people have place on their property as the City continues expanding. Mr. Kramer stated that they will have to become a non conforming use of annexation. He stated that this becomes part of acceptance when annexing more land. • Alderman Sticka stated that he read in the paper that a development was looking to post a 25 mph subdivision speed limit, and previously he thought the City was told they could not do this. Mr. Kramer explained that it could be posted, but not mandated by Illinois law. • Mayor Prochaska informed the Committee that Bob Williams' great- grandson passed away Friday, shortly after birth. He is sending out condolences to him and the entire family going through this trying time. • Mayor Prochaska stated that he received 1 letter of resignation from the Plan Commission for time commitment and one verbal resignation for time commitment. This brings the Plan Commission down to 10 member board. The Committee is looking to bring down to a 9 member board. They need 7 members for quorum. He asked what the City can do over the next two weeks to get this down to 9 members. Mr. Kramer stated that they need an amendment to the number of members needed, which he can draft. He also stated that you are always an ex- officio member of the Committees you were a part of. In that case the City could choose 1 or 2 as ex- officio members which will restrict them from voting but able to approach the voting members. They will count towards the quorum. This draft will come to the next COW meeting to be approved. The 16 Page 17 of 17 Committee is basically wanting to eventually make this a 9 member commission and don't want to put pressure on the next up for renewal. • Mayor Prochaska informed the Committee that Jim Jensen has informed of his resignation from the Fire and Police Commission. He is looking to do more schooling for the Masters Program. He told Mayor Prochaska that he will stay on until a replacement is found. • Bill Powell handed out some information explaining how the tax are collected and used. Thought it would be good information for the Council Members to have. • Bill Powell also stated that they have finished two filings with the Illinois Department of Insurance for the Police Pension Fund. As a result they have found the Fund is under balance in the neighborhood of $2.3million and will be refunded back over a period of 40 years. They knew this would happen as a result moving to Police Pension Fund from an IMRF Pension Fund. The IMRF contributions were in the neighborhood of 4 & 1 /2% and the Police Pension contributions are at 9.91 %. The City has to decide if they should pay now or over time. The Committee was aware of this happening when the switch was decided. The meeting was adjourned at 9:45pm. 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