COW Minutes 2003 11-18-03 Page 1 of 12
APPROVED 12/28/041
UNITED CITY OF YORKVILLE
COMMITTEE OF THE WHOLE
Tuesday, November 18, 2003 - 7:00 p.m.
In Attendance:
Cit-V
Art Prochaska — Mayor Harold Martin — Chief of Police
Valerie Burd - Alderwoman Anton Graff — City Administrator (left 9pm, returned 930)
Paul James - Alderman Traci Pleckham — Finance Director
Wanda Ohare - Alderwoman Kelly Kramer — Representative of City Attorney
Rose Spears - Alderwoman Lynn Dubajic — Economic Development Director
Larry Kot — Alderman Laura Brown — Executive Director,
Joe Besco — Alderman Parks & Recreation
Guests
Pat LaBerge, homeowner
Ron Saballus
Kathy Farren — Kendall County Record
Victor Filippini — Holland & Knight
Mitch LaFave — Ocean Atlantic
Sanford Stein — Gardner, Carton & Douglas
Tedd Lundquist
Ed LeCompte — John Greene Realtor
Alan Brauer — Land Vision
Mike Schoppe — Schoppe Design
John McAdams — Law Office of John F. McAdams
Dan Waitt — The Beacon News
Patrick Mazza — Green Organics
The meeting was called to order by Mayor Art Prochaska at 7:00pm.
Mayor
1. Performance Management, Accountability and Role Clarification
Half Day Workshop - January 10, 2004
Mayor Prochaska commented that he felt the cost of $3,000 for this workshop, was
more than he had expected. The group coordinating this workshop is the
organization that handles the employee EAP. Alderwoman Burd commented that
she felt the purpose was to set goals, not learn goal- setting techniques. The
Mayor said he would like to contact other organizations that might have a lower
cost. Ms. Spears said she had given Administrator Graff names of other possible
groups.
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2. Revised YBSD Fee Ordinance
A copy of the revised ordinance was included. The YBSD is currently allowing for
and billing a single meter in a building. The City ordinance still bills individual
businesses so the City must correct the City ordinance to match the YBSD. If there
is one meter in a building, that building should be billed once, not each individual
business in the building. Attorney Kelly Kramer said there was a resolution to
amend that ordinance which should be done by the end of the week.
This item will be brought back to C.O.W.
3. Update on Special Census 2003
A copy of a press release was included in the agenda packet. Beginning next
Friday, the special census will be taking information for approximately four weeks.
The entire City will be canvassed.
Economic Development Committee
1. Yorkville Hill Landscaping PUD Agreement
Mr. John McAdams addressed the committee and said he represented Yorkville Hill
Landscaping and had filed for an annexation and zoning change request from A -1 to
B -3. He said the PUD agreement was fine, but a landscape plan needs to be done
which considers Mary Block's concern regarding her property just north and east of
the property being discussed. A buffer will be planned between the two properties.
The Yorkville Hill Landscaping property occupies 5 acres on the corner of Wing
and Rte. 126.
Mr. McAdams said his clients want to start a landscaping company and currently
have nursery stock and equipment there, with the possibility of a retail showroom in
the future. The condition of buildings on the property needs to be checked and
possibly brought up to code. Ms. Kramer stated that adjoining property owners wish
to see a landscaping plan that should be available by the next C.O.W meeting. That
plan is needed before any further action will be taken. A public hearing has already
been held on this property.
Mayor Prochaska said this item should be brought back to the next C.O.W. on
December 2aa
2. Westbury Annexation Agreement
Sanford Stein of Gardner, Carton and Douglas introduced Victor Filippini of
Holland & Knight. Mr. Filippini presented the site plan for the Westbury
Annexation on the Undesser Farm between Galena and Corneils Road. All but 43
acres of the property had been annexed into the City in 1997. The proposed
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development is on 110 acres, 601 single family homes are planned for this site and
91 acres are allocated for open space.
Administrator Graff stated that if a school is not built on this development, this site
can revert to single family homes as a result of a "reverter clause ". If that occurs,
the site must be re- platted.
Mr. Graff cited another issue to be discussed regarding this development. The Rob
Roy Creek temporary pump station was going to pump into Cannonball, however,
another solution will be sought.
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Alderman Sticka had noted previous concerns whether or not Westbury would be
willing to pay the fee structure. The fee structure was reviewed with the Undesser
family since their property was annexed in 1997 and certain fees were locked in at
that time. Attorney Dan Kramer said the property would be subject to all current
fees since nothing was platted. The following fees will apply: $58,000 for land
cash and $3,000 for transition. A $10,000 upfront payment had already been
received by the City, which was nearly enough to purchase a squad car. A $5,000
payment is still expected.
In addition, Mr. Graff said Attorney Dan Kramer added language on page 12
concerning the flood plain. This is common language that protects both parties
since the property involves a flood plain.
Mr. Graff said no action has been taken in the last 4 -5 months regarding this
development, due to the issues discussed above.
On page 23, the engineers identified the need for language for the developer's
contribution towards perimeter road improvements. Contributions will also be
made for Corneils Road and Galena Road improvements.
Mayor Prochaska also noted that the developer has agreed to pay 50% of the Fire
District dollars upfront, for a new fire station. The other half will be paid at the time
of the final plat. On page 29 there is discussion of economic incentive. Many
developers are looking at this area for commercial development. Inland owns two
of those: the Northgate shopping area and the Runge property. One of the issues is
the sewer. The YBSD has developed a plan to temporarily provide sewer service
until the Roy Roy Creek interceptor is built.
The Mayor also said that a possible economic incentive utilizing sales tax would
encourage other commercial development. Any such incentive would need to be
tied to a significant commitment from the developer. The Mayor said he would like
the language "with sufficient commitment to expansion of facility" tied to this type
of incentive.
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Alderman James asked how the density would change if a school was not built.
Thirty more homes would be added if the school was not built. Mayor Prochaska
added that there is a time limit on the land cash of 10 years or the money is returned
to the developer. He asked about the time line of the development of the land.
According to the developers, it is eight years from the time the final plat is recorded.
Mr. Stein said an amendment to the original plan would be needed to request
additional homes. Mr. Graff stated that the school district does intend to build a
school. The Mayor clarified with Attorney Kramer that the land cash timeline
begins with the time they start building the school.
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Patrick Mazza who represents Green Organics, then addressed the committee. He
reported that a 10 -12 year lease remains, for the Undesser property and Green
Organics. He said originally he had been informed that the property would be a
business /industrial area where his business is located, but now it will be residential.
He wondered how this would now affect his business. The Mayor replied that Mr.
Mazza's attorney would need to address that question. Mayor Prochaska further
said that over the years there have been many public meetings regarding the
comprehensive plan. Mr. Mazza stated that his attorney had asked previously to
present some testimony of opposition to the plan and that the City Attorney said
Green Organics had no standing to present this. Ms. Kramer said it is a private,
contractual issue between the landowner and the tenant. Mr. Mazza asked if Green
Organics had ever been notified of these meetings. Ms. Kramer said the developer
is required to notify only the electors who reside on the property, the landowners
and the adjoining landowners.
Mr. Mazza asked if there was anything in the annexation agreement that affects
Green Organics conducting their business at this time. It is an issue between the
private parties (the landlord and the tenant) according to Ms. Kramer and she
advised him to contact the Undesser's attorney.
The amount of green space was discussed in relationship to the lot size of 12,000
square feet. Mr. Schoppe stated that if the open space width is at least 25 feet, a
10,000 square feet lot is allowed. Ms. Ohare questioned the dead end streets on the
west side of the development and asked if something more attractive could be
designed. Mayor Prochaska stated that even though the road ends, the right of way
could eventually continue. Dependent on the market conditions, construction time
would be 5 -10 years.
Alderman James asked what would happen if the schools decide not to use the land
allocated for a new building and how would the developer butt up against the
10,000s sq. foot lots. This would be accomplished with a buffer and a re -plat would
be required.
Page 5 of 12
The completion of the flood plain study was questioned by Alderman Kot. The
FEMA application process takes from 18 -24 months and the City is not ready with
the application at this time. However, IDNR has the flow rate approval. Engineers
for Westbury are using that flow rate to calculate where the flood plain would be.
Extra storage is planned for an area near Corneils Road, where there was standing
water as a result of a nearby tributary.
Mayor Prochaska stated that oftentimes when developments come before the City,
the developer does not yet have control of the property. The Mayor asked the
Attorney if these developments can be approved subject to them having control of
that property because if the development isn't approved, the plan may not work.
Attorney Kramer said approval cannot be given prior to the developer's control and
it is "developer, proceed at your own risk ".
Alderman Kot said that he was pleased that the developer is upfronting the Fire
Department fees. He further stated he would like the City to look at receiving fees
for Public Safety upfront as well, due to construction thefts and due to the fact that
these areas must be serviced by police during the construction phase. Otherwise,
the City expenses are not covered. There was discussion of addressing this issue as
a policy question It was suggested that the City should receive half of the land cash
at the time of plat, since by the time building permits start coming in, some of the
City facilities are being built. If the property is kept as farmland, the taxes are
rebated since no services are required. Some of those fees need to be looked at by
Economic Development per the Mayor. The impact of each development needs to
be looked at individually.
Paul James asked about some of the lots that were 10,000 sq. ft. with no green space
around them. Administrator Graff said this is why this plan was switched to a
concept plan from an engineering plan.
In conclusion, this is the first development that needs to be approved to bring some
closure so that other developers will begin to pay their fees. Mr. Graff said the City
is hoping to have this completed by April, 2005 for the Rob Roy Creek project.
This will proceed to City Council, if all documentation needed is turned in by this
Thursday.
3. PC 2003 -24 Silver Fox Concept Plan
4. PC 2003-25 Corner Stone Concept Plan
Since no representatives were present for the above agenda items, the meeting
moved forward to item #6. (See next page for item #5)
Page 6 of 12
6. PC 2003 -15 Richard and Valerie LaBerge Annexation & Rezone of 11935
Route 34
A public hearing has been scheduled for December 9 Mr. Graff stated that the
Plan Commission voted unanim ously to recommend annexation and zoning of three
acres to Ag A -1 to City B -3. This is property just east of Eldamain Rd. and does
comply with the boundary agreement with Plano. The petitioner resides on the
property and has spoken with a developer. Mr. Ron Saballus asked if the address
would change from Plano to Yorkville. This would not change unless the Post
Office was petitioned for a change.
(Agenda Item #5 discussed next [out of order])
5. Caledonia PUD Agreement
Alan Brauer of Land Vision spoke regarding this agreement that has remained the
same. He said that if the flood plain study shows that some of the land is in the
flood plain, the plan will come back for revision. Ms. Kramer stated that her office
drafted the language for the agreement and pages 3, 9 and 10 deal with the flood
plain study and the modifications which might be needed. The flood plain aspect
was the last major issue that needed review. The developer has indicated they
would help pay for the flood plain study with a possible recapture of some of that
money. They are paying $37,000 for the study for their portion of the development.
For five years, this property was zoned M -1 and after five years, they have the
ability to rezone it to R -2 for a maximum density of up to four units per acre.
Mayor Prochaska said the industrial boundaries have varied over the past few years.
If the developers are agreeable with the last version and Inland has reviewed it, this
issue can move forward for consideration on Tuesday, the 7
Park Board
1. Athletic Field Reservation Policy
This item was brought back to committee as the Attorney had not yet reviewed this
policy. Administration also asked the City Council to look at a policy before going
to public hearing. The matter will come up for public hearing on December 9 t '
though a hearing is not required according to Attorney Kelly Kramer. This will be
published in the paper.
Z Beecher Concession Stand
Ms. Brown presented a design for a concession stand that the park staff wants to
construct at Beecher Park. She also included a construction timeline and a list of
price quotes for materials.
Page 7 of 12
The followin g are the features of this stand:
• Restrooms
• Kitchen facilities for serving (no cooking done there), outdoor grill for peak
seasons
• Heated and air conditioned
• Will have picnic tables, landscaping, concrete perimeter pad
• Industrial sink and grease trap
• Will be located between fields 1 and 2
• Currently has running water to that location
Mr. Kot commented that it is a much - needed facility and wondered if maintenance
had been factored in. A part-time person will be hired to operate the stand and
oversee the maintenance. Ms. Brown said that it will generate revenue for the Park
District.
Ms. Brown asked to move this item forward so that construction could begin.
Funding will come from land cash contingency and all contractor work will be a
result of competitive bids. Martin Plumbing will donate the stainless sink and many
other items will be donated as well. Mayor Prochaska said the City should
recognize that many of the needed items are a result of the generosity of Yorkville
businesses.
Administrator Graff added that no security assessment has been done yet, but Chief
Martin will arrange that.
Mayor Prochaska suggested a motion to proceed with the structure and this item
will be placed on the Council consent agenda.
Public Works Committee
1. Water System Connection Fee Analysis
It was noted that Eric Dhuse was not present due to attending a wake.
Administrator Graff reported that Traci Pleckham and Eric Dhuse met with Kelly
Kramer about the fees. EEI produced a study, as a result of legal requirements, to
justify new fees. A fee of $2636 is being considered for single family homes and a
separate analysis examined apartments for senior citizens (at the request of Bill
Dettmer) The federal government is looking at fee structures equitable for senior
housing. With this analysis, a legal basis has been established for 1 and 2 bedroom
senior housing for future projects
Page 8 of 12
The fees are based on water supply, water treatment and storage. So far, the
developers have been charged $2600. An average cost of $2660 was recommended.
There is no automatic inflation clause according to Attorney Kramer and she added
that it is wise to always provide justification. One policy question discussed was:
What should the City charge for commercial and residential? One method to
determine the charges is to study surrounding towns' fee structures. It was noted
that some towns do not have these fees.
Mr. Graff stated that businesses and industrial/commercial look at fire ratings, fire
flows and the ability to provide water capacity if they have a production line.
Mayor Prochaska said the City needs the ability to negotiate with businesses that
bring jobs to the City and potentially would incur a large fee. He said he is
uncertain if an ordinance is needed, but if there is no ordinance and the City starts
charging fees, then a business could dispute this. The general consensus of the
committee was to adopt the recommended fee for 3" pipe and the Council would
determine fees for any larger sizes.
It was suggested that fees would not deter a business from coming to Yorkville as
these are one -time fees. From a marketing standpoint, Lynn Dubajic said that new
businesses do ask about such fees. She suggested setting some standards for any
pipes larger than 3" Mr. Graff said the main thing is to provide sufficient notice if
changes are made. It was recommended to begin the business fees in July, 2004 and
for residential - May 1, 2004. Mr. Graff said these fees are also needed for radium
compliance since the State wants to know how the City is funding this compliance.
After extensive discussion it was decided that this item would return to C.O.W. on
12 -2 -03 and Ms. Kramer will prepare an ordinance for that meeting.
2. Hiring of PWEmployee
Mr. Dhuse had recommended hiring a part -time person for Maintenance Worker H.
The funding for this position would come from the Administration fees paid upfront
by MPI. This would be a non - specialized, entry -level person who could work in
any department as needed. Mr. Dhuse is seeking permission to advertise this and
when the budget is approved or funding is available, the position could be filled.
This moves forward to the City Council consent agenda and is subject to receiving
funds.
Page 9 of 12
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Public Safetv Committee
Purchase of a Fully Equipped Vehicle
Mr. Kot presented a memo from Chief Martin seeking authorization to purchase a
new vehicle with money received from the Moser development. A Ford Expedition
or Chevy Tahoe was suggested with the Tahoe being less expensive. A vehicle is
needed which can travel in all terrains, snow and remote areas. State bids for
vehicles are recommended, however, many times the vehicles are not in stock.
Mayor Prochaska said the developer has already agreed to a $250,000 fee that will
front -fund capital expenditures. They will also front -fund money for 200 permits.
In addition, the Fire Department and School District already have agreements with
Moser for front - funding. Alderman Kot noted for the record, that the Public Safety
committee had discussed that a new officer had been hired and equipment must be
furnished and maintained as well. The Mayor said that department heads had met
to draft a list of desired capital expenditures.
The Mayor recommended a motion to allow Chief Martin to obtain bids and this
item will move to the consent agenda for December 9"`.
Administration Committee
L Request to Hire for Administration Office
2. Parks & Recreation Receptionist Job Description
[These 2 items were discussed together]
These requests are for a full -time receptionist for the Administration office and
Parks and Recreation. The Administration position is budgeted while the Parks and
Recreation position is funded from MPI funds. It was recommended to move
forward with these positions. Two separate motions are needed.
These items will go to the consent agenda for a motion to hire and subsequent
posting of the jobs.
The job description was approved and recommended by the Administration
committee. This also moves to the consent agenda.
3. 2003 Tax Levy
This item had been reviewed by the Administration Committee with several options
being proposed. Option 4 was recommended which was .7789 dollars per hundred
based on a 10.8% increase in the existing EAV. The assessments increased this year
due to a quadrennial reassessment. Option 4 stays consistent with the actions of the
last 4 -5 years, which was to maintain the actual dollars a homeowner is paying and
obtain the dollars from new growth. This option would allow an increase of
$172,000 with roughly $99,000 for the City and $73,000 for the Library.
Page 10 of 12
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Alderman Kot offered another scenario and said Option 2 would allow a slight
decrease to many residents and the City would only realize $3,000 less. In light of
the economy, he said he supported Option 2. He said he would like to see Option 2
factored the same way as Option 4 for better comparison. He felt this was an
opportunity to reduce taxes. This would reduce the taxes $1.00 per household and
he felt this would be a token gesture to show that the Council is trying to hold the
line on taxes. The tax rate under option 2 would be .7774. The Committee elected
to use Option 2.
Next week, the proposed levy will be announced and then a Public Hearing will be
held December 9 0 '.
4. Unemployment Savings Program
Ms. Pleckham gave an explanation of this program that is an alternative to the state
unemployment tax system. An organization called "First Nonprofit Companies"
offers their program to non -profit groups and government agencies. They submitted
a proposal that would offer the City 36.23% savings from the current method of
paying into the state unemployment system. Following are some of the positive
aspects of this program:
• If the City does not pay any benefits for a given year, the funds roll over
• Cost to the City for first year is $8,841
• This agency offers legal counsel for any unemployment claim
• Guaranteed rate of return for funds invested in bonds -
• One -time enrollment fee of $1,125 with first annual payment of $9,966
• Program offers stop -loss insurance protection which in effect, offers a cap
for unemployment liability
• Organization has an "A" rating through Department of Insurance
• If City is not satisfied with program, balances can be returned
Currently the City is paying approximately $12,000 in unemployment costs and
there is no rollover. Mayor Prochaska felt this was a win -win situation for the City
and that this program would be beneficial in the event of a catastrophic
unemployment payment. He added that this is a more efficient use of taxpayer
money. Finance Director Pleckham also pointed out that the State is recommending
a 1% increase in their cost. Currently there are other municipalities and school
districts that use this program. A decision must be made by December 31st
This item will go to the consent agenda.
Page 11 of 12
S. $3.5 Million Countryside Interceptor Alternate Revenue Bond Timetable
Construction is slated to begin March, 2004. Ms. Pleckham stated there needed to
be a public hearing. A consensus is needed tonight for the Mayor to execute the
order for a public hearing. The committee agreed to this step and the public hearing
will be held December 23 The Mayor reminded the committee that some of the
money for this project comes from Menards.
Additional Business
Alderwoman Burd mentioned that a recent newspaper article said the State would
award the City of Batavia $8 million for a dam rebuilding project. She reminded the
committee that the State had informed Yorkville, money was not available for such
a project. Administrator Graff will check into this matter.
Alderman Kot stated that the Public Safety and Economic Development meetings
had been cancelled for the coming week.
It was noted by Alderman James that the area of Mill St. and Van Emmon St. is in
very bad shape. Mayor Prochaska said that repaving is scheduled for next week.
However, flow issues had not been resolved yet and as a result, patchwork will be
needed in a couple areas. Administrator Graff noted there would be a performance
review of the contractor. Alderwoman Burd asked if paving could be done by the
train tracks as well and Mr. Graff said that the paver would be required to restore
anything that been torn up.
Chief Martin spoke about "Cops Innovation" which is about community policing in
towns with smaller police departments. This program/grant first began in 1997 -98.
Yorkville was highlighted in the national publication.
Laura Brown said that a town meeting had been held with residents of Country Hills
who spoke about their proposed park. Eight families attended and their concerns
were voiced regarding parking by the park. And she reassured them that speeding
concerns would be addressed with signage and with the Police.
The parking lot by the ball field on Van Emmon St. has been paved. She also
noted that trees have been donated for that area and near the Beecher Center. When
the planting is completed, she will draft a letter to the vendors thanking them for the
trees.
In addition, ball fields have been finished in Fox Hill Park West.
Page 12 of 12
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Finance Director Pleckham clarified that the Countryside Interceptor is under legal
review right now. She said there must be a vote to authorize a public hearing and
an ordinance is also needed to authorize issuance of revenue bonds.
This item proceeds to City Council on November 25 0i .
This concluded the public portion of the C.O.W. meeting (approximately 9:50pm)
At this point Mayor Prochaska entertained a motion to go into Executive Session for
the purpose of purchase or lease of real property for the use of a public body.
Mayor Prochaska asked that the following persons be included in the Executive
Session: Parks and Rec Director, City Attorney and Minute Taker. Alderman Kot
and Alderwoman Burd moved and seconded to enter into Executive Session.
Following the Executive Session, C.O.W. was adjourned at 10:33pm.
Minutes recorded and written by
Gail Denton, Minute Taker
on November 18, 2003
Minutes transcribed by
Marlys Young, Minute Taker
on December 10, 2004
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