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COW Minutes 2003 10-07-03 APIT �VLI) 1i (;III COUNCIL Page 1 of 20 ON 1-1,%.OL{ UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE TUESDAY, OCTOBER 7, 2003 7:00 P.M. IC I MEMBERS PRESENT: Mayor Art Prochaska Alderman Joe Besco Alderwoman Val Burd Alderman Larry Kot Alderwoman Rose Spears Alderman Rich Sticka Alderman Paul James Alderwoman Wanda Ohare i CITY STAFF PRESENT: City Treasurer Bill Powell City Administrator Anton Graff City Attorney Kelly Kramer Lieutenant Don Schwartzkopf Parks & Recreational Director Laura Brown Finance Director Traci Pleckham Executive Director of Yorkville Economic Development Commission Lynn Dubajic Public Works Director Eric Dhuse Guests: See attached list. This meeting was called to order at 7:00 p.m. MAYOR Update of USEPA Grant for Water Works System Application Mayor Prochaska stated that the documents from the USEPA Grant have been signed and returned. He confirmed that the City has been approved by the EPA for the amount of $950,200.00, which will allow them to proceed with the water project. The Mayor acknowledged the assistance from Congressman Hastert's office for this grant. Plano School Transition Fee The Mayor stated that he attended a meeting with the Plano School District and has been corresponding with Plano's Superintendent with respect to the following issue: A portion Page 2 of 20 of the Plano School District fall within the city limits of Yorkville. An area being considered for development is that parcel of land zoned as commercial located North of Route 34 and just East of Eldamain Road. Developers are considering the property just adjacent to that, which also falls in the Plano School District. Yorkville School District has increased their transition fees from $1,500 per residential dwelling unit to $3,000. They have presented for consideration to the Plano School District the same amount for their transition fee. The Mayor reported that Plano School District agreed to increase their fees to $3,000 but requested in writing the necessary provisions to justify this increase. The Mayor stated that documentation concerning this has been sent to them. An Ordinance Amending the United City of Yorkville's Existing School Transition Fee for Plano Community Unit School District #88 was drafted by Yorkville City Attorney, Daniel Kramer. Alderwoman Spears pointed out an error in paragraph two of this draft. The Mayor stated that this has been placed on Consent Agenda for City Council for the following week, subject to Plano School District signing a release. The Mayor encouraged City Council members to attend their next school board meeting. Pollution Control Ordinance - John Watson Attorney's Fees In response to Administrator Graff s request for a more detailed breakdown of his firm's fees, Attorney John Watson of Gardner, Carton & Douglas details his basic fees in a letter to Mr. Graff dated September 23, 2003. The cost to have his firm draft the Pollution Control Facility Citing Ordinance would not exceed $2,500; hearings attended would not exceed $1,200 per hearing. Mr. Graff knows that there will be at least a minimum of one hearing, but further advised the Committee that this may require three or four public hearings (depending on those who may be opposed and raise questions requiring additional research). He stated the entire process could in fact take three to six months. Upon Mr. Kot's request for itemization of his fees, Mr. Graff response was that Mr. Watson's firm charges between $390 -$540 per hour. Mr. Kot believes that the $1,200 per hearing is an excessive amount to pay. In response to that, Mayor Prochaska explained that, this $1.200 is the maximum amount they charge per hearing, and the itemized bill would in fact clearly reflect their charges. Administrator Graff stated this new proposal was the amount compromised by Mr. Watson's firm after the City Council members initially raised a concern about his fees. His firm wanted to move forward to do the work for the City, and believes that this readjustment of fees would make council members comfortable in justifying this expenditure. Mr. Kramer finds the fees to be reasonable and recommends that they move forward with having them draft the ordinance. Mayor Prochaska and Alderman Kot, who are in full support of having an ordinance of this type in place, request that Mr. Graff obtain a fee structure sheet which reflects Mr. Watson's actual hourly rate, not just a general hourly rate charged by his firm. The Mayor stated that he received a letter from Waste Management which requested to have meetings for the prospect of setting up a pollution control facility site in Yorkville. He further states that with the growth of the Kendall County area, it is I I Page 3 of 20 inevitable that other agencies would be looking at Yorkville and the surrounding areas for their waste transfer stations, recycling centers and waste management facilities. For this reason, Mr. Prochaska stated it is imperative that they move forward with a draft for pollution control to have the proper controls in place. Issues such as zoning, the distance that a waste control facility would have to be from residential housing and the landscaping and buffering surrounding the facility could be spelled out in the proposed ordinance. Alderwoman Ohare asked what the time frame would be to finalize the draft. Mr. Graff stated that the draft has already been presented to the Committee with some minor modifications still needed. He foresees having the public hearing process start in early January 2004. In summary of this discussion, Administrator Graff intends to have the fee structure sheet placed in each committee member's packets for the next City Council meeting. The Mayor stated that this issue will be placed on regular agenda to allow for further discussion between council members. Fox Hill Acceptance of Units 1, 2, 3, 4, 6 and Route 34 Improvements - Update Mayor Prochaska stated that the City staff has put together a final punch list for Fox Hill. This was itemized in a letter dated September 17, 2003, and addressed to Marvin DeLahr, the lead person working with the Fox Hill group. Administrator Graff stated that they expect to be done with this in time for the next City Council meeting and are requesting that this be placed on the next agenda, subject to the approval of City Engineer, Joe Wywrot. Mayor Prochaska is not recommending that this be placed on the agenda until a memo is received by Joe Wywrot acknowledging that every item on the punch list has been done to the City's satisfaction. He acknowledged that this punch list has been considerably reduced to only eight items, but has doubts that the work will be completed in time for the next City Council meeting the following week. Mayor Prochaska suggested instead that this be placed on the Agenda for October 28, 2003, subject to approval of City staff. He recommended that any further issues on this should be expressed by Council members to the City staff at this time, as this is nearing a close. Kritzberg Landscape Buffer Deviation from 30' to 25' for 308 North Bridge Street Sue Kritzberg, owner of a business located at 308 North Bridge has come before the Committee to request the following: That the aforementioned parcel of land be rezoned to B2 to move the business from her residence into the adjacent building. Since her business consists of providing home modifications and installation of handicap - accessible equipment for handicapped clients, it is imperative that she has handicap- accessible parking lot. Her concern is the time frame for approval of the zoning before the inclement weather sets in. She would like to have the parking lot paved before winter. She is also requesting a variance on the landscaping ordinance from a 30 -ft. set back (for parking) to a 25 -ft. set back. The setback area is along the eastern perimeter of the property. Page 4 of 20 With respect to this landscape ordinance, the Mayor stated that he has had an opportunity to speak with both Administrator Graff and Mike Schoppe of Schoppe Design Associates. It is Mr. Schoppe's recommendation to grant Mrs. Kritzberg's request for the additional five feet, but suggested that she be required to plant in the buffer area to ensure proper screening between properties. Mrs. Kritzberg has agreed to do this, however, she stated, she is unable to complete the entire planting this fall until the asphalt is placed. In her attempts at meeting the requirements of the ordinance, she has planted some bushes along the fence line. Another issue Mrs. Kritzberg brought up with respect to the landscape ordinance was meeting the requirement for rezoning to business. She believes that this was written for new property development, not for property where the landscape has already been established. She stated that after submitting the preliminary site plan, she discovered that the ordinance requires she plant trees along the parkway. It also specifically states that planting will not be placed over existing gas lines. Her problem is that the gas lines run along the parkway on both sides of her property. Further, she stated that she is required to place 13 shade trees, 8 evergreens, 3 ornamentals and 100 shrubs on her property in order to meet the .requirements of the ordinance. She stated that she is running out of space to place all of this. She believes that as these trees mature in five to ten years her property will look like an "arboretum ". It is her opinion that this type of landscape will be, "out of character with the rest of the neighborhood ". She is requesting that the Committee consider making adjustments to this ordinance. The Mayor stated that these issues will be covered when they review the architectural overlay ordinance for the area along Route 47. They intend to specifically address the landscaping of older homes and existing property where special circumstances exist, such as is the case with Mrs. Kritzberg's property. Mr. Sticka is in agreement with Mrs. Kritzberg, in that, when the ordinance was drafted, the committee was thinking in terms of new property development. He believes her request is sensible, and suggested that the ordinance should properly define plantings when rezoning from residential to business occurs where landscape is already established. The Mayor stated that Mrs. Kritzberg will receive notice of an upcoming public hearing at which time this will be discussed. The Mayor recommended that this be put on the Agenda for City Council for consideration of the 30 -foot setback change to the 25 -foot setback, subject to the landscape approval by the City Planner. This will be placed on the Agenda for the following Tuesday, October 14, 2003. The Mayor stated that only after approval of the rezoning to business can they vote on the landscape variance, subject to satisfactory approval by the City Planner, because, as both hd and Mr. Sticka explained, they cannot have a variance on zoning of property that does not yet technically exist. Mrs. Kritzberg reiterated the hardship of having to wait for rezoning and the absolute need to accommodate her customers with handicap - accessible parking lot. She is requesting a permit to allow parking spaces on residential property. Based upon her conversations with, and to the knowledge of Administrator Graff, Anna Kurtzman and Page 5 of 20 Joe Wywrot, there was no restriction with respect to a residential property owner expanding the parking into their yard. She was advised by them to do this while she awaits approval of the rezoning. Attorney Kelly Kramer inquired of Mrs. Kritzberg if she had submitted the plans for the parking to the Building Department. Her response was that only a general site plan has been submitted. Mrs. Kritzberg stated that in order for a permit to be issued, a survey is required. Attorney Kelly Kramer also suggested that this be put on the Agenda for Tuesday, October 14, 2003, but, without calling a motion to approve. This would at least allow them to get an idea of where the Council stands on this issue. She stated that the public hearing before the Plan Commission would be the following day, October 8, 2003, and this will come before the City Council for vote on October 28, 2003. It was recommended by the Mayor that since there is no restriction to expand the driveway on her property; this could be a temporary resolution to accommodate her clients. He also stated that she needs to continue to work with the City Planner to ensure adequate buffering of the property between hers and the adjacent property. The Mayor confirmed with Mrs. Kritzberg that with respect to the rezoning of the business, this could be approved "subject to the variance of the landscape ordinance" so that these two issues can be handled in one process. Mrs. Kritzberg was in agreement with this decision. CITY ATTORNEY Disposal of Municipal Personal Property City Attorney Kelly Kramer stated that she has been requested to draft a memorandum outlining the procedures for the disposal of municipal personal property. She stated that surplus personal property must be determined and identified by, "the simple majority of the corporate authority of those elected to hold office'; (i.e. City Council members and the Mayor). "Surplus" is legally defined as property that is no longer in use by the City. When the property is deemed as "valueless" to the City, and selling it poses more of a burden then a benefit, it can be given away to anyone not associated with, or related to the staff of the municipality and, it cannot be given to anyone who holds an office with the municipality. When surplus property does have value, the City Council can either elect to sell it, (with or without the use of advertisement through an ordinance), or, they can authorize the city staff to use it towards the purchase of replacement personal property. (i.e. trade -ins). Attorney Kelly Kramer cautions that when this procedure is being done where competitive bidding is involved all bidders must be notified of the intent of replacing the personal property. Ms. Kramer stated that a City officer can be authorized to convey or turnover personal property in exchange for new property, since the Municipality has the authority to sell or exchange to another corporate authority. This is done with an intergovernmental agreement. I Page 6 of 20 The Mayor summed up Ms. Kramer's presentation by stating that, "if a city staff member or department head determines that a certain property is no longer of use, the disposition of it will need to be decided by the City Council, who are required to then make the determination of the value of that item." They accept recommendations from the department head or their committee on how the property should be disposed of, but the ultimate decision rests upon the City Council. Mr. Sticka inquired as to why this issue was being brought up at this time, and to specify just what items are to be determined by the Council. Ms. Kramer's response was that this issue needed addressing due to the fact that remodeling is currently underway, and equipment is being replaced. In response to Mr. Sticka's question, the Mayor stated that "surplus property" includes furniture, vehicles, major equipment such as leaf blowers, mowers, plows, trucks and computers. The Mayor suggested that the policy should outline what items should be considered for disposal. CITY ADMINISTRATOR SSA Update for Raintree Village and Windett Ridge Administrator Graff stated that with respect to both of these projects, after the Council accepts the final plats, it needs to be recorded in a timely manner because the bond holder and trust agency will need to do their part. He advised further that the council members will be receiving (and will need to carefully review) memorandums from the consultant and engineers that specifically covers the plat of dedication. This will be done immediately after approval of final plat and will include all the proposed dedicated roadways, easements and right -of -ways, as well as the park land that will be deeded to the City. The property will be dedicated or deeded to the City upon final plat, but will not be considered "accepted" by the City until the actual dedication takes place. The infrastructure agreement states how this proposed acquired property will be built and maintained until dedication. A license will be required to allow the City access to the property. Mr. Graff stated that SSA money is being used to build the park. Attorney Chris Knight is working with Administrator Graff on this. He expects the paperwork in preparation for signatures within the next two weeks. CITY CLERK Amendment to Burning Ordinance to Correct City Code Book As a result of correspondences received from citizens regarding the burning ordinance, it was determined that there were conflicting terms with respect to the specific language regarding the burning of leaves. Since the ordinance does allow for the burning of leaves, all references to the word "leaf', "leaves" and "leaf burning" was removed from Paragraph A3, Section 4 -1 -1 of the existing ordinance. This paragraph, therefore, was amended to read, "The discharge into the outdoor atmosphere of fumes, smoke, gas or vapors or any combination from the burning of any materials other than untreated paper and paper products and wood as provided above shall be, for the purpose of this Section, i Page 7 of 20 declared air pollution and a public nuisance. " Alderman Sticka brought up fact that the wording "occasional burning" is very vague. Attorney Kelly Kramer stated that it was written with the intent of not having to define the exact number of burnings that are allowed to be considered "excessive ". This then would allow the complaining citizen the recourse of filing a complaint with the City, if that citizen considers the burning to be excessive. They would be able to file a nuisance suit. Case law, she states, provides as to what is deemed as a "nuisance ". The Mayor stated that the issue of "controlled burn" needs to be addressed, as this was previously brought up by the Public Works director with the discussion of the proposed planting of natural prairie grass along various retention areas. Laura Brown, Parks Director stated that members of her staff have attended "Controlled Burns" seminars in the past. It was unanimously agreed to place this on the Consent Agenda for City Council for the correction of the wording in the ordinance. Ordinance Establishing a Driveway and Public Walks Inspection Fee The Clerk's office could not locate the established resolution with respect to the Inspection Fees. Ms. Kramer, therefore, stated she has drafted this in ordinance form, which will provide for a $35.00 inspection fee for sidewalks and driveways on infrastructure and remodeling. The Mayor distinctly recalls that this was done in a resolution. It was unanimously agreed to have this placed on Consent Agenda for City Council. Addition to Sound System in Council Chambers Administrator Graff references the memo from the City Clerk, Jackie Milschewski wherein she has provided a proposal from Sound Incorporated for the relocation and addition of new equipment in the new City Council Chambers. The upgrade to the system for the build out is $9,927.00. A microphone will be installed at the department head's tables, referred to in the proposal as "the side table ". There is an extra connection for the court reporter to tape, from their tape recorder, directly from the microphone. Since Sound Incorporated did the initial installation of the equipment, it was assumed that they will do the upgrade. Administrator Graff stated that the relationship has been established with the company and they have maintained their equipment thus far. After much discussion about the costs involved, it was determined by the Committee to request a second quote from another company before accepting the proposal from Sound Incorporated. Administrator Graff made reference to the purchase policy currently in place which states that when an item exceeds $5,000.00, three comparable quotes will be required. He stated that sources of quotes can be from the search of the internet or the researching of catalogs for pricing. According to Sound Incorporated's proposal, the cost of minimum upgrade is $4,600; the cost of labor is $6,000. Page 8 of 20 It was decided unanimously by the Committee to have the opportunity to review other quotes that come in over the next week and present to the City Council before the following Tuesday's agenda. PUBLIC WORKS COMMITTEE Water Report for June 2003 - (PW 9/22/03) Alderman Besco stated that there were 43 new residential and one new commercial customer added to this since the previous month's report. There was a report of approximately 2,583,000 gallons of water pumped. This had been previously reviewed by the Public Works Committee. It was unanimously decided by the Committee to add this to Consent Agenda. Kylyn's Ridge Unit 1 Letter of Credit Reduction - (PW 9/22/03) As per Joe Wywrot's letter, this was reviewed and recommended by the Public Works Committee to have this placed on Consent Agenda. The Committee unanimously agreed to do so. I EEI Consulting Services for Amended Contract for Rob Roy Creek Hydrologic and Hydraulic Study - (PW 9/22/03) With respect to the flood plain study, Administrator Graff stated that it was recommended by Engineering Enterprises, Inc. (EEI) to analyze the amount of water that flows to Rob Roy Creek along the northeast portion of the watershed area they originally analyzed. They are proposing an increase to their fixed fee contract amount by $37,925.00 for the surveying, hydrologic and hydraulic modeling of 55 additional sections. Also included in this study would be the amount of water that is retained in the depressional areas. It is important to have this done, Administrator Graff stated, to justify the flow rate for the Caledonia project, as EEI's previous statement was that the "water probably does NOT travel in a direct flow rate to Rob Roy Creek, due to the depressional areas that hold it." Mr. Graff stated that, Christopher Burke indicated that EEI did not conduct the extensive study required in the tributary areas to justify the actual travel of water. It was originally thought that the area that needed to be remapped was due to water flowing to Blackberry Creek. The original contract dated February 12, 2002 was for a fixed fee of $94,949. Alderman Besco inquired if a portion of the additional expense of $37,925 could be passed on to future developers, including the Bristol Club Subdivision. Mr. Graff stated that expenses can be recaptured if it is determined from this study there is a direct relationship to these other developments. Mr. Graff further stated that the County will not be deciding on the request by the Bristol Club Subdivision to amend their PUD agreement until after the study is completed. According to Mr. Kramer, if the study is strictly for the purpose of modifying the one -year flood plain, then the recapture of money from the property owners can be justified. This information would be necessary for FEMA and Freddie Mac recovery as well. Page 9 of 20 Mr. Graff stated that EEI originally recommended a fly -over with one foot contours, at a cost of $220,000 to $250,000. It was decided instead that they do the initial two -foot study and determine later if additional work needed to be done. He stated that this is not an unusual scenario. Dan Kramer did review the language in the original contract and determined that there was no reference to the proposed additional work and no language stating that the work was "not to exceed a certain fee ". As per the Mayor's suggestion, this will be moved to City Council for consideration of EEI's proposed additional expense which will be reflected in an amended contract, as well as a determination as to where from the budget this expense will be taken, since Inland has yet to pay the recapture from the Caledonia Subdivision. The recapture of money for Kylyn's Ridge and Kimball Hill will take place based upon the certified approval of the ID&R flow rate which is the basis for the 100 -year flood plain study. Both Administrator Graff and the Mayor stated that issues such as these have to continue to be placed on the agenda, and final plat approval would have to be, "subject to the determination of the final study of the flood plain area." Alderman Besco inquired how long this additional study would take. Administrator Graff stated that EEI quoted a time of six months. Christopher Burke did the work in Kane County and Rob Roy Creek, whose flow rate numbers differ from that of EEI. They are currently comparing information to determine where the flood plain line is. This could mean a difference, according to Administrator Graff, of about 40 lots. The Mayor stated that he knew they had final flow rate numbers obtained up to the county line from Rob Roy. The study will begin after the harvest of this season's corn and beans. This will be placed on the regular agenda to allow for further discussions. Faxon Road Extension to Route 47 Engineering Scope of Services - (PW 9/22/03) Administrator Graff stated that the Public Works Department approved of the proposal from Engineering Enterprises, Inc. (EEI) to provide surveying and engineering services to determine the centerline of the Faxon Road extension to Route 47. This proposal would also include the preparation of the corresponding Plats of Dedication. Alderman Besco indicated that the only question that was raised in his committee was the acquirement of an easement through the parcel that the City would like to use as a right - of -way. According to Mr. Graff, the meeting between Mr. Kramer and the land owner has taken place, but the entire process would involve EEI completing their proposed work to get the Plat showing the right -of -way with its boundaries showing exact location and amount of land the City is asking for. This will then be presented to the home owner and the property owner, Peter Washington. The property will be staked upon final determination, after permission to enter the property has been obtained. Upon Alderman Sticka's inquiry, the Mayor stated that the cost may possibly be recouped by the adjacent developers. Attorney Kelly Kramer stated that since Illinois is a non- Page 10 of 20 home -rule state, Yorkville cannot impose road impact fees upon the developers. This cost becomes part of the comprehensive plan (to extend Faxon Road). Fees can be requested from developers at the time of annexation and development. Ms. Kramer warned the committee the need to proceed within the guidelines of the law and sites a case that was recently settled in Naperville in which Illinois courts found it to be unconstitutional to attempt to recover fees for this purpose. Administrator Graff stated that they are not currently looking to develop the area; they just need to plat it for the right -of -way application. The Mayor stated that previously the City made attempts at putting together a formula that would compute MPI's portion of the improvements to be paid, however, they could not make them assume the entire cost, nor impose it on just one landowner, when the road impacts so many within a large area. He asking to develop a "road improvement fee" as it falls within the guidelines of the law. This issue will be placed on City Council's Consent Agenda. Grande Reserve - Perimeter Road Design Engineering Services - (PW 9/22/03) Administrator Graff stated that they are beginning the Grande Reserve Project with deadlines as follows: The Bristol Ridge Road is to be completed by September 2004, as is the City's obligation in the annexation agreement. The developer (MPI) agrees to fund the entire cost for this. Engineering Enterprises, Inc. will also be doing the preliminary engineering design for the rest of the perimeter road. Their total design fee will be $634,333.00. Administrator Graff is expecting a deposit of $3.1 million by MPI. Soil borings have been done of the area, and recommendations were received by Mr. Graff. Additional roadways and /or expansions will fall under the Grande Reserve Fund. Alderman Kot confirmed that those landowners along Kennedy Road will not suffer any loss of property, as it will not become a "roadway ". In response to this, the Mayor clarified that there will still be work done along a portion of the property in front of houses along Kennedy Road since that already exist as a right -of -way. Any expansion of the right -of -way will be towards the development. This issue will go on the Consent Agenda for City Council, with a note that approval for EEI's services would be, "subject to deposit of the necessary funds by the developer. " Snow Plows for Existing Public Works Trucks - (PW 9/22/03) Alderman Besco stated that in preparation for the fast approaching snow season, Eric Dhuse, Director of the Public Works Department, is requesting to purchase two snow plows to be placed on two new trucks. With this purchase, all of the trucks in his department will be equipped with snow plows. Mr. Besco stated that his department had i t i Page 11 of 20 funds in the budget for this purchase. Each snow plow will cost $3,074.00, according to the quote from Monroe Truck Equipment. It was unanimously agreed by the Committee to give their consent at this meeting to expedite the purchase. Sale of Used Equipment - (PW 9/22/03) Eric Dhuse stated that last year he asked for, and received permission to sell a one -ton pickup and two squad cars. Since that time, there are two additional squad cars and miscellaneous small equipment that has either been replaced by new units or has served its useful life and is no longer fixable. He is asking the Committee permission to clean out the old equipment to make room for the new. Alderman Besco brought up the fact that the Public Works Department is limited in space. Upon Alderwoman Spears' inquiry of Mr. Dhuse's procedure for sale, his response was that, in the past, it had done by sealed bids. It was the consensus of the Committee that Mr. Dhuse would place these items for sale by means of a public bid. ECONOMIC DEVELOPMENT COMMITTEE Building Permit Report for August 2003 - (EDC 9/15/03) This was reviewed by the Committee and placed on the Consent Agenda for City Council. Yorkville Hill Landscaping PUD Agreement Alderman Sticka stated this PUD Agreement refers to the property located on Route 126. He referred to a letter from an adjacent property owner objecting, to this rezoning. Mr. Sticka told the Committee that the property owner has not given a reason for her objection. Attorney Kelly Kramer stated that since this landowner has a 20% ownership interest in the property contiguous to the annexed and rezoned property, and has expressed an objection, the requirement is that it will require a simple majority vote of City Council to approve the annexation and fee agreement. She further stated that, since Illinois is not a home rule state, they do not have the power to do a forced annexation. Further, Alderman Sticka stated that the developer would require the same buffering on his property as was required for Wyndham Deerpoint, now known as Windett Ridge. This is referenced in Exhibit "C" which referred to in the PUD Agreement but not attached to the copy Mr. Sticka had at the time of the meeting. Attorney Kramer stated that she intended to pull correspondences from Mike Schoppe and Ana Kurtzman to see what the exact language was for the landscape and buffering as contained in Exhibit "C ". Once that is done, she will forward that to the developer. Mr. Sticka stated that it was the intention of the developer to place a fence around the side of the property that faces the highway. There is currently a resident at this property. The neighbors have complained of frequent, noisy parties and debris and junk left on the lawn. He would like to see the Council impose requirements to bring it up to standards. Ms. Kramer pointed out that since the property is out of the city's limits, they cannot i Page 12 of 20 police this property. The Mayor stated that the Agreement can have the language added to cover these issues raised by Alderman Sticka. To ensure compliance to these building codes, a bond or a letter of intent can be required and stated in the agreement as well. Attorney Kramer agreed to add this language. Currently the draft contains language prohibiting anyone from residing on the property. Mr. Sticka stated, that according to the property owner, the reason that a person is currently residing there, is to keep watch over the equipment he keeps stored there. Both the Mayor and Alderman Sticka are not comfortable with allowing someone to remain on the property after it has been annexed. It was unanimously agreed to have a city staff member do an initial inspection to determine current building code violations. The time given to bring the property up to standards will be one year. It was also agreed that the language that, "no one will be able to reside on the property" will remain in the Agreement. This will be brought back to the next Committee of the Whole to allow Ms. Kramer to make the revisions as discussed Request to Amend PUD Agreement for Lot 3 Mulhern Court - (EDC 9/15/03) Ron Reinert of Reinert Structures states that this project, located at 305 Mulhern, was started in 1979 as a planned unit development for 32 units. This property is located on the north side of Yorkville, bounded by Route 47, Countryside Drive and Kendall Drive. There is a two -story, eight -unit apartment building on this parcel. The final plat submitted in 1979 calls for two more 12 -unit, three -story apartment buildings to be added to it. The apartments that were constructed in 1979 were designated for rental or condominium, upscale apartments. Each unit is approximately 1200 square feet, has separate utilities, two full baths and two bedrooms. Mr. Reinert, along with his brother (and business partner) George Reinert is requesting approval from the Council to move forward to finish this project. . Mr. Reinert's presentation this meeting was to give the historical background and the legalities involved with respect to the PUD amendment. He is seeking the Council's acceptance of variances from the ordinance. Alderman Sticka stated that the original PUD agreement lacks essential information. He further stated that covered parking cannot be provided as spelled out in the original PUD agreement, due to lack of space. Setbacks have also been changed. Mr. Sticka stated that the original PUD was recorded without the plat. It is his contention that when the City Council originally approved this in 1979, they had to be looking at a plat. In response to Alderman Sticka's comments, Leonard Sawosko, the owner of the property since1979 stated that he and his two partners had intentions of developing this for condominiums. He further stated that exhibits were presented with a plat and elevations to the City Council. For reasons unknown to him, certain wording with respect to his proposed PUD did not make it into the city ordinance, even though all the requirements were met. He applied for a building permit, which reflected everything that was approved by the City Page 13 of 20 Council. This included the site plan, the elevations and the building plans, specifically with respect to the size of the units and the building materials (such as the amount of face brick that would be used). With respect to the documentation to prove this, he found only cancelled checks from 1980 reflecting the payment of the building permits for the entire building. Since the prime rate during that time rose to 21 %, the project ceased and the partnership was dissolved. He researched records and was able to locate the inspection which is required to get a permit, but the actual permit cannot be located. Many of the changes that have occurred over the years need to be reflected in the amendment of the ordinance and will be viewed as changes that were "grandfathered in ". According to Alderman Sticka, these changes include the issues of covered parking and storm water management. Of the latter, Smith Engineering has had a chance to review, since there is very little room on the property for retention. Obviously then, this will have to be managed differently from what was proposed in the original ordinance. He needs to know if the Council agrees with Smith Engineering's plan for storm water management. Peter Huinker of Smith Engineering was present and stated that his firm is willing to work closely with Joe Wywrot to add all the amenities to meet the standards of housing of today. Currently the infiltration trench runs along the north property line and along the entire east property line. Borings that were taken from this site revealed top soil and clay, with granular material below. Although the area is very limited, his plan does provide for depressional areas for some detention value. Administrator Graff stated that the ordinance requires on -site detention and parking lots for this type of property when it is a minimum of 1.25 acres. Mr. Wywrot needs to give this his final review. It was recommended that Council could vote on this, subject to his.approval. Ron and George Reinert plan to purchase the eight -unit building shown on the 1980 site plan, along with the two other buildings they want to construct. The foundation for the 12 -unit building has been in the ground for the last twenty years. They are attempting to follow the same plan from 1979, because, Ron Reinert states, it is a workable plan, which is not that much outdated by today's standards. The variance they are requesting is with respect to the original PUD agreement, which locks them in to a required density. Ms. Kramer stated that in order to comply with today's subdivision control regulations this will have to be amended. This what will go to public hearing, with the specific variances to comply with today's codes. Of the existing eight -unit building, George Reinert plans to upgrade both the front and back elevation, and will be adding handicap access on the first floor, which might attract senior citizens and the handicapped. In following the ADA's regulations, he also intends to place the required number of handicap parking spaces. Since he and his brother reside in Yorkville, and have had experience in rental property ownership, they intend to build, own and manage this property. Administrator Graff stated that the PUD amendment will go to public hearing at the next City Council meeting on October 14, 2003. Page 14 of 20 PUBLIC SAFETY COMMITTEE Police Reports for August 2003 Alderman Kot stated that since the Public Safety Committee did not meet in September, he wanted to have August's Police Reports reviewed so they can be placed on the City Council Agenda. As the Mayor pointed out, for Committee members who have been asked where the speed trailer has been utilized, a portion of the police report gives weekly detailed information as to the various locations of the speed trailer. This will be placed on Consent Agenda for City Council. ADMINISTRATION COMMITEE Proposal for Brownfield's Redevelopment Grant Application - (Admin. 6/12/03) Alderwoman Spears reported that approval for this grant has been received. The Professional Services Agreement of Envirogen, Inc. was presented to the Committee. Administrator Graff stated that the project can begin upon execution of this Agreement. He further stated that the grant application process will define the scope of services and their proposed fees of $25,000. Only $5,000 is needed to begin the work, while they await the grant award. Administrator Graff stated that currently there is not money in the budget to front this money. He expects the application process to take ninety days, with a site review expected in thirty days. The property owner, he stated, has to be part of the redevelopment plan. Ms. Spears indicated that the Administration Committee has recommended approval to move forward with this. It will be placed on Consent Agenda. Draft 2002 - 2003 Audit - (COW 9/16/03) City Administrator Anton Graff reviewed with the Committee the revised Audit pages, as specified in a memo from Traci Pleckham, Finance Director. The police pension fund was the only area that she saw a discrepancy. They are still awaiting the letter from Yorkville National Bank indicating that deposits are fully collateralized, which was not verified at the time of the audit. The Committee unanimously agreed to accept this Audit with the proposed corrections in order for City Treasurer Bill Powell to proceed with his month -end reporting. This will be placed on the City Council's regular agenda. Employee Manual - (Admin. 3/13103, COW 6/3103, 6/15/03 and 8/5/03) Alderwoman Spears stated that she would prefer to review the corrections previously noted with Mr. Graff and have the final corrected draft presented again to this Committee at a future meeting. Alderwoman Burd brought up a statistic that was stated at the Municipal League that, 'More than 80% of various city's councils had the responsibility of reviewing their City Administrator. " She references Section 1.3.1 of this manual that states, "The City Council of the United City of Yorkville shall exercise control over personnel only through the adoption of the City's Annual Budget, Pay Plan, confirmation of the Mayor's appointment, or by the adoption of ordinances and resolutions as deemed necessary by Page 15 of 20 this Council. " She would like an opportunity to review this section, as it was the Municipal League's recommendation that an effective performance review cannot be determined by only one person, which in the case of the City of Yorkville, is the Mayor. The Mayor stated that, as he was at the same meeting as Alderwoman Burd, recalls their continued reference to the c� manaizer which would be indicative of a different type of governing body than what Yorkville has. He pointed out that he also reviews the Parks and Recreation Director and the Chief of Police. The understanding is that in the type of government where a city manager exists, only the city manager is reviewed by the City Council. The Mayor recommended the Administration Committee review this section in the Employee Manual and consider setting a policy for overseeing reviews. The Mayor stated that it was also recommended in the Municipal League meeting that a "goal study meeting" be conducted. He has already recommended to City staff members to have such a meeting to be held prior to the final budget season (he thought, possibly sometime in November). This will allow all staff to fully understand what the goals are and what course of action has or will need to be taken to achieve them. This will ultimately allow priorities to be set for the budget. Alderwoman Spears stated that all issues raised will be discussed at the next Administration Committee on October 9, 2003. PARK BOARD Country Hills Park Concept Plan - (Park Board 9/22/03) Parks and Recreation Director Laura Brown presented the Country Hills Park Concept Design as was discussed previously in a Park Board meeting. This is a two -acre parcel of land containing severe slope elevations that must fit in with Phase U of the Country Hills housing development. Much work has been done with Mike Schoppe of Schoppe Design Associates with respect to the grading plans. This needed reconfiguration due to the elevations, which made it impossible to place a baseball field in this park. It does, however, have a half -court for basketball and a practice field, which can be also used as a general play area. Mr. Schoppe was requested to place, as alternates, a drinking fountain and a shelter. The construction costs for these are Mr. Schoppe's estimates. The actual costs will be determined when this goes to bid. In an effort to reduce costs, Ms. Brown suggested to the developer that the final grading (top soil) and seeding be done after the placement of the playground. This park will have a "fort-type theme" playground that will fit in with the natural development of the area. This will be the City's first fully accessible playground, with a full ramp for wheelchair -bound children. This, she stated, was the biggest cost, but the contour of this parcel of land did in fact lend itself to this plan. Her intent is to use this plan on a regional basis, that is, to have all Page 16 of 20 future developments of parks to be designed for full handicap accessibility. Ms. Brown stated that land cash for this has a life span of ten years, and the Country Hills development is just over eight years in existence. Park Board standards are such that, a park is not built until the development is at least at 65% built out. The exception here is that the maturation deadline of land cash is near. If not used within that time, the dollars are converted back to the developer. This, as Ms. Brown explained, is the reason they need to move forward with this park. She also stated that the park side is on Phase I and Country Hills has just started developing Phase II. Neighbors from that development have been asking over the last eight years when they will get their park. Developers were finally able to grade the park to the City's specifications this year to arrive at the proposed Concept Design. The Park Board is asking for approval from City Council to move forward from this concept plan to an on -site public input meeting. Upon approval to move forward, Ms. Brown intends to place a public notice advertisement as well as send notice to every house in the area. This will not be a public hearing, but a public gathering done as a courtesy to the residents to express their opinions. Mr. Schoppe and his staff would be in attendance for this to review residents' input with respect to alternates to the various structures proposed for the park. The Mayor recommended that Aldermen attend this meeting as well. Ms. Brown reiterated that due to the elevations, a baseball field would not be possible. Residents would have the opportunity to review the same Concept { Design as was presented to the Committee of the Whole. This will then need to come back to City Council for final approval. Beecher Use Ms. Brown stated that recently, there has been much discussion regarding non - for - profit groups using the Beecher Community Center. She has outlined in a memo addressed to _ 1 the Mayor and Administrator Graff those issues that require the Council's direction. There seems to be much confusion as to what the policy is with respect to use of Beecher Community Center. Some of the questions in her memo that need addressing are, "Should there be a limit on user frequency and space, to allow for other community groups ?" "Should the City speck certain day(s) for community group use of the building ?" and "Since Park and Recreation Department has a need for programming space, should the department's program's take priority over all building users ?" Rose Spears opened the discussion with her statement that top priority should be given to the Golden Diners and senior citizens because, she believes, that was the initial intent when money was donated for this building. The Mayor clarified Mrs. Spears' statement, " by citing the history that, when the building was built, a portion of the dollars was given to the Citv by the Austin familv, and a portion of the cost came from a grant. This grant stipulated that this building would be used for "senior recreational purposes" for a minimum of twenty years. The Mayor stated that many groups, such as the Lions Club and the Boy Scouts have also made contributions to the Center, either monetarily or } , Page 17 of 20 through work done to the property, which also use the Center. He asked how can a determination been done as to who should be allowed to use it with so many groups asking for its use? In attempts at reducing congestion at the Beecher Center, he acknowledges the recent agreement with the schools to utilize their facilities for the various groups needing a place to meet. Obviously, there would be no availability during the day when school is in session or when after - school programs are being run. The Mayor requested the Committee to come up with ideas that would allow all groups to be accommodated. Suggestions brought up in the past included moving the office space out of the Beecher Center to another area, prioritizing and coordinating its use between groups with the specific night of the week needed. The Mayor acknowledges that there is a perception that, "the seniors are being evicted from the building ". The Mayor stated that he wanted to set the record that there has never been discussions in Council meetings during his 11 -year tenure to move the seniors out of the Beecher Center. Alderwoman Spears is asking the Council to support her view that the seniors should have priority over the Center's use, in spite of the fact that the grant requirement expired two years ago. She is concerned that their hours have been changed. Alderwoman Ohare asked if an additional room could be built on to the Center. The Mayor stated that with the architectural design of the building, additions would be difficult, but not impossible, and the Committee should consider that as a possibility. He also stated that the City does not have a true auditorium. He asked the Committee to keep these types of issues at the forefront as the City and the school district move toward growth and redevelopment. Mrs. Spears is requesting that as new developments come in, a separate senior facility could be incorporated strictly for their use. Alderwoman Spears has asked to have this issue brought back to the Committee of the Whole since she is expecting to meet with Mrs. Austin to be able to present history and supporting documentation to the Committee before policies are decided upon. Fox Hill Ball field Design - (Park Board 9/22/03) Parks and Recreation Director Laura Brown stated that a pony - league sized ball field with a clay infield has been proposed for the Fox Hill west park, which is currently an open field area with a trail. This sits on a corridor road with available parking in that area. If approved, she expects this to be done in time for next year's baseball season. At the time of this meeting, a hand - sketched drawing was presented for the Committee's review. She further stated that no houses would be impacted by this ball field, since balls from the field would be hit toward the creek, and given the fact that there is plenty of open area. Ms. Brown stated that the work could be done by Scott Sleezer and his staff, and the only cost would be for the clay mix and a back stop. There is a drop off (slope) toward the back of the lot to the north, restricting optimal use of the park. Park Board previously accepted this proposal, and Ms. Brown is asking the Committee permission to Page 18 of 20 move forward with this design to a public input session. The Committee unanimously agreed to move forward with this. Paving Quote (Park Board 9/22/03) Ms. Brown stated Scott Sleezer has prepared a Paving Quote Comparison for the ball field parking lot just off of Van Emmon that needs repairing and paving, as well as the completion of the paving of the connecting pathway at Riverfront Park. She would like also to have a parking lot and driveway paved at the Riverfront Building rather than the gravel area that currently exists. Mike Schoppe is working on a landscape plan for this building as well. The Park Board approved the funds necessary to do this work, utilizing $8,000 of the land cash budget from the Van Emmon Funds and $101,564 from General Reserve Funds. Ms. Brown is asking to move forward with approval by the Council for the land cash expenditures. The Mayor stated that since the cash would come from the general fund, but not specifically itemized, AND the cost for paving exceeds $10,000, this would need to go to City Council requiring approval by a two- third's majority vote. If not done by majority vote, the bidding process would be by sealed bids only. It was decided by the Committee to have this placed on the Public Works Agenda to define the amount of surface mix (in inches) the City would require for the Riverfront path extension, since quotes from each of the three paving companies specify a different number of inches. This would make the price differ greatly between quotes, depending on the amount of surface mix that is being proposed. ADDITIONAL BUSINESS Mr. Sticka brought to the attention of the Committee the October 6, 2003 issue of the New Yorker that he came across which contains an article, written by Jonathan Franzen, about Dennis Hastert. He stated that this article contained numerous references to the City of Yorkville and contained a picture from the Fourth of July parade in which Mr. Franzen is riding in the fire truck with Mr. Hastert. He recommended the Committee to pick up this issue to read. With respect to the Tourism Council's invitations delivered, Alderwoman Burd encouraged the members of the Committee to attend the Tourism Council's Seminar/Workshop which will take place on October 22, 2003. Alderwoman Burd stated that with respect to the architectural overlay ordinance that will soon be going to public hearing, it does not address the concerns of residential character she raised at a previous C.O.W. meeting. She is requesting that this not go to public hearing until this issue gets addressed. Her assumption was that after discussions with Ana Kurtzman, this ordinance would reflect the need to maintain the residential character of both new and existing buildings, even if use changes. Attorney Kelly Kramer stated Page 19 of 20 that since notification has already gone out for public hearing, it will indeed take place. She suggested to Alderwoman Burd that she address Ms. Kurtzman after the public hearing. Since this is not truly an issue that should be brought up in additional business, it was decided by the Mayor that he would discuss this with Ms. Kurtzman. The Mayor reminded the Committee that the Homecoming Parade would take place on Saturday, October 11, 2003 at 9:30 a.m. He asked the Committee to participate by walking with him. Alderwoman Spears indicated that previously a list was circulated that reflected those properties that required minor upkeep, such as weed control, replacing lights burnt out, etc. She was not sure what department was handling the reporting of this, but would like to have this maintained again, as she believed this to be a helpful tool. Specifically with respect to weed control, Alderwoman Burd stated that there was a public safety issue that should be reflected on this list for the area of King and River Streets. The weeds have grown onto the roadway, she stated, which could possibly obstruct safe traffic flow. Alderman Besco addressed the issue of commercial vehicle parking in residential areas. He stated that, although this is a blue collar community with residents needing to park their semi trucks in their driveways, he would like to see a weight requirement such as no trucks over 1 -ton be allowed to park on residential property. Ms. Kramer believes that the ordinance already specifies this. She stated that she would need to check to see if this falls under zoning or an ordinance violation. The Mayor recommended that this issue be brought to the Economic Development Committee to review the - issue, which he believes to be that of a zoning violation. Mr. Besco brought up a discussion that took place at a previous Public Works Committee with respect to salary surveys that had been done. The Mayor stated that this was done previously on a regional basis, and may be somewhat updated. Mr. Besco would like to see an adjustment to the Director of Public Work's salary. The Mayor recommended that Mr. Besco propose a salary review for the Director of Public Works in either the Administration Committee or the Public Works Committee. He requested that the Administration Committee also review the salaries of the Aldermen and Alderwomen, since it has been approximately three years since the last review, (prior to the election in 2001) according to the Mayor's recollection. Alderwoman Ohare stated that she enjoyed the IlVII, Conference, appreciated having the opportunity to attend and believed that quite a lot of valuable material was covered. She stated that she, "got a lot out of the Conference." The Mayor reminded the Committee members that the Parks Department will be having a City Halloween Program on October 25, 2003. Some of the activities include business trick -or- treating from 10:00 a. m. to 1:00 p.m., the Countryside Center will be having a costume parade and free movies, a scarecrow and pumpkin decorating contest and an i i Page 20 of 20 Egg Hunt at the park in the evening, He also stated that the Dare car will be at the Jewel Food Store on this day. Mr. Powell stated that there is currently an Income Tax Amnesty Program provided by the State of Illinois which will be in effect from October through the end of November. This program allows for penalties and interest payments from past due income taxes to be forgiven by the State. Meeting Adjourned at 10:15 p.m. Respectfully submitted by Gail -Marie Denton. wwril. WASTE MANAGEMENT WASTE MANAGEMENT Illinois Market Area 1411 Opus Place, Suite 400 Downers Grove, IL 60515 (630)724.8400 (630) 241 -1597 Fax September 24, 2003 Mr. Arthur F. Prochaska The Honorable Mayor United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 -9999 Dear Mayor Prochaska, Waste Management of Illinois, Inc. would like to take this opportunity to thank the United City of Yorkville for continuing to allow us to provide your community and its residents with state -of -the -art solid waste solutions for the future. We have forged a long -term relationship with Yorkville that has spanned more than two decades and we are grateful for the confidence and trust that you have placed in us. Yorkville can be proud of the fact that they have had the foresight to provide their residents with a cart program j for refuse and recycling that has been a benchmark for communities in Kendall County. Your adoption of a cart system for single- stream recycling has been a model for others to emulate and demonstrated that your administration has taken a leadership role in the i region. Referencing that foresight, recent local newspaper articles have suggested that the City of Yorkville has been reviewing a draft pollution control ordinance for future consideration. We applaud this pragmatic approach for recognizing the need to provide your constituents with options for the future growth that you are experiencing today. Kendall County has recently adopted an amended solid waste plan that also addresses the need to deal with growth and future solid waste solutions. We served on the Citizen's Advisory Committee for the County and were pleased to see that they recognized the need to deal with this looming issue rather than exporting the problem to neighboring counties. As you know, the County Solid Waste Plan calls for several solutions but favors a transfer station approach over a sanitary landfill at this time. To that end, if the City of Yorkville adopts a pollution control ordinance, Waste Management would like to begin a dialogue with the community regarding the possibility of a transfer facility that would serve the needs of the community and address the intent of the County's Solid Waste Plan. Waste Management is uniquely qualified to offer this solid waste approach because we are the industry's leader in North America. We currently operate 180 transfer facilities across the continent and 15 facilities in the Chicago metropolitan area. These transfer facilities deliver municipal solid waste to a network of 304 sanitary landfills operated by Waste Management across North America. No one else in our industry has the depth of knowledge, expertise and, most notably, the necessary volumes to make this approach a successful solution for your community and Kendall County. Transfer stations have become a necessary methodology for consolidating waste streams and transporting this material to distant landfills as local facility's capacities continue to diminish or have actually closed. Currently, 89 transfer facilities operate in the State of Illinois and a number of additional siting applications are pending before local units of government. Therefore, we would like to have an opportunity to discuss this matter with the I I appropriate Yorkville staff and to explore the possibility that your community can, once again, demonstrate your leadership in Kendall County and provide future solutions for your constituents. We will await your thoughts on this matter and we look forward to continuing to serve your community, as you deem appropriate. Once again, thank you for your trust and confidence in us and we will continue to demonstrate our commitment to the United City of Yorkville. Sincerely, Lee Addleman Vice President/Business Development Waste Management of Illinois, Inc. 1 1 N. Wacker Drive Suite 3700 GCD 9 N , Gardner Carton & Douglas Chicago, Illinois 60606 -1698 Washington, D.C. JOHN W. WATSON Tel 312 569 1000 1 Fax 312 569 3000 member (312) 569 -1446 www.gcd.com World Law Group iwatson @gcd.com a global network Fax (312) 569 -3446 of fiimsl sated not 37 countries September 23, 2003 Mr. Anton Graff City Adlmiristrator City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Pollution Control Facility Siting Ordinance Dear Mr. Graff: This letter will follow up on the questions raised by the City Council with respect to a more detailed breakdown of the costs associated with our representation of the City in the development of a Pollution Control Facility Siting Ordinance for Yorkville. As you know, we originally estimated that our work in preparation of the Ordinance would not exceed $10,000 in fees. In response to your request for greater detail on project costs and to address your interest in certainty, we would propose to perform the work to draft the Ordinance for a not to exceed cost cap of $2,500. Absent exceptional circumstances, we would also agree to participate in any public hearings necessary to procure the approval and passage of this Ordinance for a not to exceed cost cap of $1,200 per hearing. I trust that these revised terms adequately respond to the concerns raised by the City Council members. If you have any additional questions in this regard, please do not hesitate to contact me. Very truly yours, Won JWW /ac cc: Roy M. Harsch CH02/22266024.1 Gardner Carton & Douglas LLC PLEASE SIGN IN MEETING: DATE: ��— 7 0-3 I NAME STREET ADDRESS CITY V► x�O o q, AW L J, 1 t, l A l mv , � . r vo o,ji���� I 1 1 I� 1