COW Minutes 2003 10-21-03 UNITED CITY OF YORKVILLE � �' 11-04
COMMITTEE OF THE WHOLE.1.
TUESDAY, OCTOBER 21, 2003
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
Alder Wanda Ohare
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
Guests (as listed below and on attached list):
Mike Kachlic of Vat & Vine Liquors
Mike Schoppe of Schoppe Design Associates
Jason Humm and Larry Vaupel, both of Wiseman- Hughes Enterprises
This meeting was called to order at 7:04 p.m.
Presentations:
Dhuse Property - Concept Plan/Wiseman Hughes - Plan Commission (1018103)
Mr. Larry Vaupel and Mr. Jason Humm of Wiseman Hughes presented to the Committee
the Concept Plan of the Dhuse Property acquisition, which involves 80 acres of land
along Route 47. Their plan is to expand on the existing Windett Ridge Subdivision,
currently containing 277 lots. This has been presented previously to the Planning
Commission, the Park Board and the School District. He is asking the Committee for
their input with respect to the density which is higher than the zoning requirement. At
the time the plan was being put together, it was unknown that the City would capture
additional land through the Sanitary District, which now extends the area further along
Route 47 to Caton Farm Road, referred to as the commercial corridor.
The key component in this plan is to have a central school and park site. The proposed
site, as Mr. Vaupel explained, would be 20+ acres donated to the School District who are
proposing to build a new elementary school. The Park District requested a smaller park
site, in order to have more available cash from the donation to be able to improve their
existing parks.
As was discussed in a previous Plan Commission meeting, Alderman Sticka and Mayor
Prochaska both indicated that the Comprehensive Plan will be revised in these areas,
particularly with respect to the sewage along the south of the corridor to Caton Farm
Road, now that the Sanitary District has a proposed a plan for this extension. According
to Mayor Prochaska, this would be the logical sewer boundary, as this is as far south as
Yorkville is able to grow. He stated that this could not be expanded to the east of Route
47 due to the geographical boundaries. Mr. Graff pointed out that there is a tributary area
along the Morgan Creek Crossing area down to Ament ' load.
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Alderman Larry Kot pointed out that when this Comprehensive Plan was discussed,
infrastructure was not the only issue reviewed. He believes that these proposed changes
contradict the estate concept, which is now a year old. He is concerned that a precedent
may be set wherein future developers may ask to change comprehensive plans long after
their inception. The Mayor pointed out that as this continues to evolve, and as new
information is received, change is inevitable. This, he stated, will need to be reviewed
and changed again in five years anyway. Administrator Graff stated that the land use
plan did contain language that would require the review of land use changes as utilities
are developed in the,5outhem area because of recent discussions of recording the
centerline for the 4 24Torridor. Prairie Parkway has also recently been discussed.
Mayor Prochaska stated that the estate is on county zoning. Further, he stated that utilities
must be diligently developed if the City is to continue to expand along Route 47 past the
southern boundary of Windett Ridge. The attraction and commercial value of that area is
Route 47, irregardless of the amount of congestion that Alderman Kot expressed a
concern about.
Upon Alderman Sticka's inquiry, Mayor Prochaska confirmed that a large portion of the
water and sewer has already been funded by developers. Administrator Graff stated that
the City already has a vested interest in this as well, since previously, the Council voted
to exchange the River Crossing to a larger diameter, in order to get to the Caton Farm
Road. He stated that when the land use plan was finished, it was the Sanitary District that
approached the City about preserving the area to Caton Farm Road. This is a $5 million
project. The City is funding $1.7 million of that. This is an investment that the City
hopes to recapture once developments come in along the Route 47 corridor. This area is
considered a transitional area, from the typical suburbia to an open space, but will also
able to take advantage of a proposed new school site. Ultimately, Mr. Graff believes that
this 90 -acre addition of land has advantages for the whole community. He stated that the
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balance of growth can still be achieved by keeping the density at 1.5 -2.0 in that corridor
and still be able to have larger lots, with minimal impact to the area.
With respect to the concerns with setting a precedence, Attorney Dan Kramer stated that
there has never been a case in the State of Illinois that would require the annexation of a
parcel of property. Thus, setting a precendence is not even an issue, since there is no
duty to annex. He stated that Fox Metro would agree that a municipality could not afford
to expand utilities with less than two dwelling units per acre. He believes by keeping the
density at 1.5 -2.0, it would still be lower than many of the surrounding communities.
Furthermore, he stated, an estate character can still be maintained.
Attorney Daniel Kramer stated that since the annexation agreement form he uses for the
City has language that actually requires an amendment to the comprehensive plan to
accommodate the zoning, he would also process a text ordinance when going through the
preliminary plan process. This would cover the density issue so it closely matches the
Comprehensive Plan.
The City has been working with the land planner on the open space corridor plan to
ensure incorporation of the additional acre of the trail corridor.
Mr. Vaupel indicated that if a commercial corridor along Route 47 is what the Committee
members invision, there must be surrounding houses to support it. He encouraged
members to think in terms of long -term taxes. Ultimately, if no action is taken, another
developer will develop the area with utilities and extend the water main.
Alderman Kot inquired of the Mayor if any meetings have been scheduled with Joliet to
move forward with discussions of a boundary agreement. The Mayor's response was that
since they are more than three miles, any action that they take at this time is not legally -
binding. Administrator Graff stated that Mr. John Mersaros (sp ? ?) of Joliet has requested
a meeting with Yorkville, Oswego and Plainfield officials to discuss the Caton Farm
corridor. He was waiting until after their sanitary issue is resolved. Mr. Graff stated that
this issue is in its final stages of resolution, and expects a meeting within the next six
months. Already, discussions have taken place with respect to transportation issues, and
conservation and preservation rights.
Mr. Mike Schoppe of Schoppe Design Associates advised the committee members those
issues that were discussed in a recent Plan Commission meeting. He stated that the
members were in favor of this type of development.
Mayor Prochaska encouraged the members to think about how the City is to determine
what is to be done with the undeveloped land located east on the map that was presented
at this meeting as a visual display.
Alderwoman Burd stated that the initial plan when council members voted to oversize the
sewer lines was to expand down Caton Farm Road. She believes that this issue needs to
be reviewed to determine a final and specific plan on how to develop along the corridor,
one that needs to be followed through to the end. The Mayor stated that at the time of
the Comprehensive Plan, factors such as the proposed school that needed to be built, and
River Crossing that had to be determined, did not allow for enough time for council
members to make fully informed decisions. Alderwoman Burd inquired if this area
continues to extend to Caton Farm Road, would they be committed to that type of
development. The Mayor's response was that, yes, a committment must be made to some
type of development. Alderman Sticka stated that the land use plan must be specific. He
stated that if there will be areas of estate zoning, the council members need to be told
exactly where they will be.
The Mayor stated that, with respect to the boundaries to the south, there is not the same
urgency to develop this area as there was to the area to the north, as no one is pressing the
boundaries to the south. He stated, however, that there has to be a plan implemented to
be in that area, and, to convince the landowners to agree to this plan in order to get a
boundary agreement. Alderman Kot is concerned with the changing densities on the
south end than what was originally presented to the citizens of the community. In
defense to this statement, Administrator Graff stated that with hopes of lowering the
public's concerns, consideration was made to enlarge the school site beyond the
contribution that was required of the land cash. Therefore, if another developer wanted to
come in and look at a similiar type of schematic land use plan, Yorkville is offering
"uniqueness" by allowing them to have 12,000 square foot lots in the estate area because
15 acres of school site was given that meets the elementary need in that area. He stated
that there was a "mix- match" of planning in that area that had developed over the years.
He further stated that they are just now reviewing the land use for open space for parks,
schools and conservation areas. In the past, there was not the same partnership in place
to look at this. He asked the committee if they wish to move forward for annexation or
wait until the land use plan modification. Attorney Kramer's response was that this
should be done simultaneously. He did indicate that the entire area all the way down to
Caton Farm road does not have to be dealt with all at one time. The Mayor suggested that
they consider reviewing PUD's on a case -by -case basis, instead of doing a straight
annexation. It was unanimously agreed by the Committee to allow Wiseman- Hughes to
move forward with the current plan as presented.
MAYOR
NIUDowntown Study
The Mayor stated that William Dettmer received a call from Roger Dalhstrom with
Northern Illinois University to discuss the proposal recently submitted to the City, which
covers the redevelopment plan for the exterior renovations of the downtown area. He is
recommending the removal of the Exterior Building Conditions Map since it would not
affect the overall report. Alderwoman Burd stated that this map was a poor reference,
which may give a negative opinion of the older structures in the downtown area.
It ws unanimously agreed by the Committee to take out the map, which will be placed on
Consent Agenda. Also, it was decided to place on the regular agenda Mr. Dalhstrom's
report for review and /or acceptance.
Adhoc Committee for City /School District #115
The Mayor stated that he has been approached by the School District with respect to
setting up an Adhoc Committee for the joint property sharing as per agreement of earlier
this year. It was proposed that this Committee would consist of members of the school
board, park board and key city staff members to review the school's use of some of the
City's facilities. The School Board is recommending Dave Dockstetter as their
representative, Bob Pilmer as the Park Board liason, John Evans as a city staff member
and Alderwoman Wanda Ohare as a representative from the City Council, since she is the
City's school board representative. Alderman Paul James, who was not present at this
meeting, would also be approached by the Mayor for his participation in this Committee.
The Mayor suggested meeting before November's proposed first meeting for initial set up
of participating members.
Ordinance Amending Ordinance No. 2003 -30 Amending the Liquor Control
Ordinance allowing Sampling or Tasting of Alcoholic Liquors from Class A
The Mayor stated that when Title 3, Chapter 3, Article 4, Section (B) of the Liquor
Control Ordinance was originally drafted, the tasting of liquor was placed in the bar class,
which actually allows for serving liquor without an ordinance. The ordinance allowing
tasting was suppose to go into the packaged liquor class. Thus, the newly proposed
ordinance, allows the change back into the "B" class for Liquor License Holders to permit
sampling of the products being sold, but subject to certain restrictions. These would
include the proper supervision of the serving of liquor, the consumption of liquor being
strictly prohibited to any persons under the age of 21, the number of times of week
allowed for the sampling event, the number of ounces of wine that shall be allowed and
the number of products that are allowed to be sampled. Mike Kachlic of Vine and Vat
Liquors, who had a recent wine tasting event had to obtain a "special event" license to
allow him to do this. Mr. Kachlic stated that the original ordinance does not define the
number of bottles that are allowed to be open for wine tasting. Further, the number of
different wines the customer is currently allowed to sample was limited to three, which,
he believes is unrealistic since he would be required to "police" customers who are in his
store during such an event. He is proposing limiting the quantity on ured at these events,
as opposed to attempting the difficult task of monitoring consumption by each individual.
The Mayor requested that this ordinance be passed to get the wine sampling placed into
the correct class, after grammatical errors have been corrected. Then in order to review
the remaining issues closer, the Mayor recommended that this go back to the Public
Safety Committee (for November's meeting) for determination of the following: The
total number of bottles that will be allowed to be opened (specifically defining the
number for beer, wine and various spirits), the number of ounces allowed per serving for
each category, definition of a "special event" used specifically for this purpose, and the
number of "tastes" allowed by each customer. With the upcoming holidays, the Mayor
has allowed the fee required to obtain the "special event" license to be waived for Mr.
Kachlic while this Ordinance is being reviewed.
It was unanimously agreed to place this issue on the regular agenda for the next City
Council meeting.
CITY ATTORNEY
Cooper Land Purchase
Attorney Daniel Kramer stated that the Cooper family and his office are in their final
stages of the agreement. He has been negotiation the acquisition of one -half of an acre
from the Coopers for a booster pumping station that ties in with the City's water tower.
The Coopers have amicably agreed to give this half -acre for $17,500 and three free
residential tap -ons. Attorney Kramer is requesting approval to have the Coopers sign the
easement document and the authority to pay the Coopers the $17,500 for their property.
This will be placed on the Public Works agenda for a two- third's vote.
CITY TREASURER
Treasurer's Report
City Treasurer William Powell presented to the Committee, a draft of the 2002 -2003
Treasurer's Report which still needs revision. Mr. Powell stated that there are some
errors that need correction with respect to the numbers and intends to have this ready to
have this placed on the regular agenda for the following week, since he only just received
this report earlier in the day. The original will be filed with the City Clerk after revisions
have been made. Attorney Kramer stated that this will be accepted on a Motion, after it
has been discussed and agreed upon by City Council.
Mr. Powell also stated that he is in the process of reviewing and tracking the City's five-
year history of expenses. This he intends to present at a future Administration
Committee. As per Alderman Munn's request, it was agreed by Traci Pleckham to clarify
those line items that only list a name, by issuance of an addendum before it gets
published. This, Alderman Munns stated, will assist members in determining the
following year's budget.
PUBLIC WORKS COMMITTEE
No Report
ECONOMIC DEVELOPMENT COMMITTEE
Zoning Variance for Kimberly and Michael O'Malley, 906 Morgan Street - Zoning
Board of Appeals (10/14103)
Administrator Graff stated that a public hearing took place to discuss the deviation to the
variance proposed by the O'Malley's, whose property is located at 906 Morgan Street, and
is currently zoned as R -2. It was voted 4 -0 by the Zoning Board of Appeals to allow the
reduction of the rear yard set back by 12 feet. Currently, their yard contains a back porch
that extends 12 feet into the setback, even though no records have been located
demonstrating that a variance was granted for this porch. They are seeking to remove the
existing porch and extend the existing living room by 12 feet. Attorney Daniel Kramer
will be drafting the ordinance and by Committee's majority consensus, this will be placed
on the consent agenda for City Council since the requested variance is greater than a
10 %.
PUBLIC SAFETY COMMITTEE
No Report
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ADMINISTRATION COMMITEE
Internship Manual -Administration Committee (1019103)
Alderwoman Spears indicated that her Committee recommended that this be brought to
C.O.W. to decide if they will be approving the cost to sponsor interns, so members are
aware of the amount of money needed to be budgeted. The Mayor's response to this was
that anytime an amount exceeds $5,000, it would automatically have to be budgeted. Ms.
Spears also inquired of the Committee if they would have the ability to approve the cost
for each intern who is contracted to work. Further she inquired if Council members will
be kept abreast of each intern's performance with a summary of projects they are working
on. The Mayor suggested each intern provide a final summary at the end of their
contract to determine the value of their work. Administrator Graff indicated that interns
are already required to submit a weekly report to their school toward their final grade, as
referenced in the cooperative agreement portion of the field placement section in the
Internship Manual. He offered to give copies of this report to Council members. Further,
he stated, that he can submit an evaluation and assessment of the, intern program to
determine its effectiveness.
Alderman Besco asked if verbiage could be included in the Internship Manual with
respect to nepotism (favoritism shown by appointing employment positions to relatives of
City employees, based on family relationship). Administrator Graff stated that according
to discussions with the labor attorney, the City's policy prohibits a city employee to
supervise his or her spouse, but was not sure if it specifically covered other family
relationships. Both he and Attorney Dan Kramer agreed to look into this. The Mayor
suggested that this verbiage cover all family relationships, which would specifically
prohibit an employee from supervising any relative within the same department.
With respect to intern, Bart (LAST NAME? ?), Alderwoman Spears inquired of Traci
Pleckham if he submitted his final evaluation. As of the date of this meeting, he had not.
Ms. Pleckham stated that she would provide that to the Committee at the next C.O.W.
meeting. It was unanimously agreed by this Committee to bring this issue back to the
next scheduled C.O.W. meeting.
Hire Part -time Secretary for City Council -Administration Committee (1019103)
Alderwoman Spears stated that her Committee recommended hiring an administrative
assistant that would report directly to the City Council whose main job function would be
to review the overwhelming amount of paperwork that Council members receive. The
issue that continues to arise each time this is brought up is: Who would this person
ultimately report to? Alderman Munns asked, if this person is to report to all eight
council members, how would that person know how to prioritize each council members
request? Both Alderman Munns and Alderman Sticka expressed their opposition to
hiring a secretary. Alderwoman Burd stated that since city staff members are overloaded
with their own work, it is very difficult for council members to expect their assistance.
Mayor Prochaska reminded the Council members that no money has been budgeted this
year for additional staff. He stated that with the coming year's budget, the priority will be
to budget money for additional staff, which, he believes, will alleviate some of the
problems that council members are experiencing. Discussions have started, he stated, to
determine staffing needs. Further, he stated that an ordinance should be drafted to define
this proposed person's job responsibilities and to whom they are to report. He
recommended that if a person were to be hired, they could also assist the deputy clerk
with putting together the packets for meetings, whenever he or she is not working on
assignments from council members. It was recommended that this be returned to the
Administration Committee for the purpose of putting together a precise job description
for this proposed position in order for Attorney Kramer to draft an ordinance.
Funding for Library Building Expansion Project - Administration Committee (1019103)
As per memo dated October 17, 2003 from Traci Pleckham, Finance Director, it was the
Administration Committee recommendation that Ehlers & Associates serve as the City's
Financial Advisory Service Provider for the Library Building Expansion Project. Ms.
Pleckham advised that as per Attorney Kelly Kramer's advisement, the $250 Library
Development Fee can be used toward this project. The Mayor advised that this would be
added to the revised Budget. He stated that he is currently looking into having Moser
Enterprises provide funding up front for the total permit fees for the MPI Project to allow
available dollars for the City's capital purchases. According to Administrator Graff, the
total permit fees would be around $9,000. The Mayor proposed drafting a memo to send
to the Library Board reflecting this. He also expressed this as a possible option at a
recent Library Board Meeting. He recommended another meeting with the Library
Board to make sure they were comfortable with having Moser fund the dollars versus
having the City do so, as they originally proposed.
It was this Committee's recommendation that this be placed on the Agenda for City
Council for November 10, 2003, which follows the Library Board meeting.
In -Town Road Program - Smith Engineering Contract and Funding
Alderwoman Spears presented to the Committee the Proposal from Smith Engineering to
perform design engineering for utilities and roadways for Phase 1 and Phase 2. This
proposal is for the total fixed fee amount of $87,870, as opposed to a "not -to- exceed"
amount for both Phases. She also indicated that Smith Engineering will not invoice for
more than $40,000 of the work before May 1, 2004. Smith Engineering projected
completion date would be early Spring of 2004. The balance would be invoiced in May,
2004, which would mean that this would need to be budgeted for the next fiscal year. In
essence, Mrs. Spears stated, Smith Engineering is agreeing to carry the cost for this
project until the City can afford to pay for it, which is why they proposed the fixed fee
amount, as the trade -off. If City Council approves their Proposal, funds could be
expensed from the City's General Fund Contingency line item, which currently has a
balance of $146,203.00. Administrator Graff reminded the committee members that the
engineering portion of this project is critical to get the financing for this program.
The Mayor recommended placing this on City's Council's Consent Agenda, subject to the
attorney's review of Smith Engineering's Proposal.
PARK BOARD
Concord Homes - Raintree Village Park Land
The Mayor stated that this particular issue involves Concord Homes wanting to take back
a portion of the green space of the Raintree Village Park Land. They still intend to use it
for recreational purposes, and proposed building a clubhouse and possibly a pool on the
property. They are proposing instead of giving the City land, they would give cash for
this space. Administrator Graff advised that a Motion must be accepted by the Council
to accept the offer of cash ($106,000) over the land, which is 1.8 acres. The cost is
$58,000 per acre.
It was agreed by the Committee to place this on City Council's Consent Agenda to accept
the cash offer.
Beecher Use - Committee of the Whole (1017103)
This was tabled due to the fact that the Parks and Recreational Director, Laura Brown
was unable to attend this meeting.
EXECUTIVE SESSION
For the purshase of lease of real property for the use of the public body.
Parks and Recreation Director, Laura Brown was not in attendance for this meeting, due
to another committment, thus the Executive Session has been rescheduled for November
18, 2003.
ADDITIONAL BUSINESS
Alderwoman Burd inquired when the new version of the overlay ordinance would be
ready. Mayor Prochaska's response was that he would look into having that ready as
soon as the following Tuesday.
Alderwoman Spears shared with the Committee the letter she received from the Colonial
Parkway residents with respect to garbage pick up. Administrator Graff stated that
residents have been calling for about six months wondering to whom they are to pay their
garbage service; whether it needs to be paid to the management company or directly to
the owners. He reviewed the Contract and found that it specifically states that since these
are townhouses, the City is responsible for providing garbage services. Mr. Graff further
stated that discussions have occurred with Waste Management to take this over. He
stated that the difficulty the residents are having with taking their cans all the way to the
curb for pick up. Thus, it was decided to keep the dumpsters for the residents and
provide them with recycling cans. The residents were happy with that idea. A letter will
be going out to each resident confirming this new arrangement.
The Mayor reminded the Committee that the Tourism Committee will be having a
breakfast the following day at 7:30 a.m. at Gray's Mill.
Meeting Adjourned at 9 :40 p.m.
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