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COW Minutes 2003 09-02-03 Page 1 of 10 APPROVED BY THE COMMITTM80ARD ON UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE TUESDAY, SEPTEMBER 2, 2003 7:00 P.M. MEMBERS PRESENT: Mayor Art Prochaska Alderwoman Rose Spears Alderman Joe Besco Alderman Rich Sticka Alderwoman Val Burd Alderman Paul James Alderman Larry Kot City Treasurer Bill Powell CITY STAFF PRESENT: Administrator Tony Graff (arrived at 7:15 p.m.) Public Works Director Eric Dhuse City Attorney Kelly Kramer Finance Director Traci Pleckham Parks & Recreational Director Laura Brown Police Chief Harold Martin Guests: See attached list. This meeting was called to order at 7:00 p.m. MAYOR Coffee with the Mayor The next coffee with the Mayor will be on Saturday, September 6, 2003, at Countrywide Home Loans from 9:30 - 11:00 a.m. Everyone is welcome to attend and give comments and ask questions. Information on Annexation and Zoning of Vacant Lot South of the Mobile Gas Station This actually contains two lots: The lot that the actual gas station is on, and the lot that sits between that and the parking lot in the strip center next to the Jewel. Since the parcel has never been annexed to the City of Yorkville, Council is waiting for a letter from Tony Graff indicating if the owner of the property is interested in doing a "friendly annexation ". This would be a lot shorter process, according to Attorney Kelly Kramer. If this occurs, the parcel will zoned B -3, consistent with the other businesses there. Attorney Dan Kramer and Tony Graff are scheduled to meet with the owner of the property on September 3, 2003 to discuss this. The Mayor believes that this potentially would be an easy process since it only includes one lot completely surrounded by the city and would be uniform with the zoning in conjunction with the other lots. Attorney Kramer will provide confirmation after meeting with property owner. She also indicated that the schedule for public hearing will go out September 9, 2003 and everything will be in order, such as the memo with the authorization, to be able to move forward on this. CITY ATTORNEY Page 2 of 10 Permissible Items to Discuss under Additional Business Attorney Kramer addressed this indicating that there is no real set rule as to what can and cannot be discussed in additional business. However, she pointed out that you would not want to discuss any items that would require "some certain action ". Instead you would want to bring it up only to be placed on a future Agenda. Any kind of updates needed on an issue, simple reports and requests are fine to bring up under additional business. No issues that are debatable should be brought up since you would want all the correct parties present to allow for all sides to be heard, including issues where public input may be required. Alderman Kot asked if there is a procedure to follow if something is brought up, that another council member might feel is inappropriate. Attorney Kramer 's response was "Point of Order" or simply asking this to be placed on a future Agenda. Issues can be brought up for suggestion to be placed on future Agendas, but no lengthy discussion should follow that. This would allow the issue that is raised to go back to its specific committee. PUBLIC WORKS COMMITTEE Longford Lakes - Letter of Credit Reduction (PW 8/25/03) Joe Wywrot, City Engineer, recommends a credit reduction down to $208,463.82. The Committee unanimously agreed to recommend this to consent Agenda. Update of 5 -Year Capital Improvement Program (PW 8/25/03) This was an update on the progress of this project. Alderman Besco first acknowledged the numerous people who have done an excellent job on this project which incorporates water, sewer, sanitary and street projects, the latter of which will.become complex in the future. The infrastructure improvements are being done in line before the streets are completed to avoid tearing up new streets to put in a water main. Alderman Besco acknowledges the staggering amount of money that has been spent. In response to this, Mayor Prochaska stated that this is a major undertaking. The improvements that have been done in a short period of time involved some major repairs and upgrades on 15 streets which required utilities to be done prior to that in some older parts of town where the infrastructure is more than 80 years old. Alderman Besco indicated that they have elected to keep the streets on the Public Works Agenda so that this project does not get delayed and an end to this will eventually be seen. After discussing this with many people, including the Finance Director, Mayor has addressed the concerns with finding the money to make this work, as this will be coming out of different budgets. The Mayor is looking to create a maintenance program to work into the budget in the future to extend the life of the streets and to do repairs as the need arises. He feels confident that from year to year, he gets closer to meeting this goal. Alderman Besco acknowledged Alderman Kot for his perseverance and hard work with the Public Works Department on this project. He also relayed the importance of Mayor's suggestion in a previous meeting that, in order to have roads up to set standards, they need to be assigned to the appropriate list and updated accordingly, with an organized I Page 3 of 10 project of doing the utility work before the streets. This would replace the old method such as was done in the older part of town where they were only able to sealcoat or repair two or three streets a year. Mayor states that as economic development comes in, and in agreement with the goals of the council members from a dollars standpoint, it is important to have an established plan to put money back into that part of town where this type of street repair was done. Alderman Sticka inquired if the water improvement project was part of the Radium Project, as the funding for that has already been determined. The Mayor's response was that some of it is in fact included in the Radium Improvement Plan. It was the recommendation of the Committee that this was to be taken back to the Public Works Agenda, while they awaited funding mechanisms from the Finance Director. Purchase of 2 PW Pick-Up Trucks (PW 8/25/03) In reference to Bid Opening which was held on August 21, 2003 for a 2003 Ford Pickup F150 (1/2 -ton truck), the low bidder was Terry's Ford in Peotone for a total of $27,591.20, (includes license and title), as recommended by the Committee. This was included in the Budget as capital expenditure for this year. This truck size will accommodate the type of work that needs to be done by the Public Works department. The Committee unanimously agreed to add this to Consent Agenda. 2003 Joint and Crack Filling Change Order (PW 8/25/03) Alderman Besco indicated that a change order was needed because the amount of material used was less than projected. In taking a "pro- active approach", they chose to do additional work with the remaining material, which included streets east of Route 47 between Route 34 and the Fox River. These streets were chosen.because that area is planned for the Asphalt Surface Treatment project this year. Combining both will extend the life of those roads. The amount of the change order is an increase of $727.20 which is the final balancing change order for this project. The Committee unanimously agrees to add this to Consent Agenda. July 2003 Water Report - (PW 8/25/03) City Treasurer Bill Powell inquired as to the number of accounts that might be in arrears. City Administrator Tony Graffs response was that there were approximately 28 accounts. Mayor has acknowledged the hard work of staff with respect to reviewing all of these accounts. The Committee unanim ously agrees to add this to Consent Agenda. ECONOMIC DEVELOPMENT COMMITTEE Caledonia Preliminary Plan, Amendment to Annexation and PUD Agreement (CC 8/12/03) Alderman Sticka indicated that per the original Agreement, changes to zoning were allowable after a certain period of time. Part of the area was zoned as residential, and part of it was zoned as M -1. Alderman Sticka could not recall if anyone spoke up at the public hearing regarding this issue, or if a public hearing took place. Mayor Prochaska indicated that there was a question brought up in a committee meeting as to the lot sizes. I Page 4 of 10 Alderman Sticks stated that zoning was granted in excess as to what is normally permitted by the original agreement which now allows for 4 units per acre, with 340 units as the maximum. Since Yorkville ordinance does not allow building in a 100 -year flood plain area, Engineering Enterprises, Inc. (E.E.I.) is conducting a flood study for Rob Roy Creek to delineate the flood plain area, with Inland Properties agreeing to some of that cost. Administrator Graff stated that Inland Properties agreed to the front funding of the hydrology in Kane County to see if there was something that E.E.I. failed to put in the initial formula. Inland has hired Engineer Christopher Burke to take a look at the flow model, and E.E.I. would be open to suggestions. Chuck Hanlon with Caledonia Subdivision indicated on his map (brought as a visual presentation) that there is a tributary area to the east, which had always been in question even on a U.S.G.S. Map with respect to Blackberry Creek area, which was never previously identified as being tributary to Rob Roy Creek. It flows up across Corneils, just beyond Galena Boulevard to the east near Dickson Road. At the time, EEI only had rough information that was available to them, mainly the U.S.G.S. Map, which was used to determine the hydrology. In order to arrive at an accurate description of the hydrology for the flow rate of the flood plain area in question, a more intensified examination of that area is needed, including 55 more cross sections to be done by the Surveyor, at a cost of $37,000. Inland has already done a Kane County model and plans to take a look to the north of Kane County. Together with supplemental cross sections and detailed topography, they would be able to arrive at a more accurate determination. This re- examination will be of great benefit because of the vast amount of land it would cover, from the area currently in question, all the way through the Kane County line. Mr. Hanlon indicated that, based upon this information presented and with practical knowledge, the line on the map cannot be correct. Mr. Hanlon further stated that one issue of concern with water at the Kane County line, is that water flowing to the east (away from the area in question), and the water being retained in existing depressional storage (called basins) would take more than a 100 -year storm to top off. This would cause a discrepancy in the computation of more water than actually exists. Mayor indicated that E.E.I. has stated that they've agreed to the re- examination. Mayor's main concern from a marketing prospective is that with the way the map is currently drawn, the industrial park appears to be in a flood plain area. Mayor Prochaska indicated that he would like to verify the location of the line in relationship to the business /industrial park, since, once its recorded, stipulations and regulations come in to play for the business owners. This will be presented again at a later date as the final determination becomes available. Mr. Hanlon indicated that with respect to the Preliminary Plat, Mr. Kramer's office is developing additional language to further reiterate that there is currently a flood plain study being completed and is subject to change. Even in the1996 flood, there was no Page 5 of 10 water in this area. Pictures taken the day after the rain clearly showed minor invasionaries, even after some 16 or more inches of rain. Administrator Graff indicated that the re- examination will take approximately 6 months and will incorporate the study of adjacent properties. The cost will be recapturable and this language will be put in the Annexation Amendment Agreement. He is asking that the council vote to approve the preliminary plat, in spite of the flood plain discrepancy. He gave an example of the Fox Hill development with the Council having voted on the preliminary plat while final plat was being worked on. It was decided by the Council that the Preliminary Plat would be voted on subject to the flood plain study, and that this be put on the Agenda, as long as the additional language was added. Senior Apartment Housing PUD Agreement Public Hearing at CC 8/12/03 Tony Graff stated that Attorney Kelly Kramer met with Developer Rodger Brown, who is the Petitioner named in the Proposed PUD Agreement of New Direction Housing Corporation. Certain language still needs to be incorporated and the changes are minor. There will be a meeting on September 3, 2003 to discuss this. Attorney Kramer asked the Council to decide on the main issues with respect to the senior apartment housing: the density and when the fees are going to be paid. She will need a letter from them stating when their pay will be recaptured. With respect to the issue of density, which is currently at 15.8 units per acre, the Mayor feels that certain standards would need to be set to accommodate senior housing, which would differ from other types of housing. Alderman Sticks would like to take a closer look at how the number of floors in a given building mandates the density requirements. Age restriction was also brought up. Building Official Bill Dettmer will take a closer look at this. With respect to the parking lot, Rodger Brown stated that this building is a 50 -unit apartment building. The parking lot accommodates 80- units, and a 2:1 parking ratio, another 20 units would have to be added to the parking lot. Mr. Brown indicates that there is plenty of room to do this, as he showed on his visual. Mayor indicated that 80 units in a parking lot, which is a little more than 1 -1/2 cars per unit is sufficient with respect to senior housing. Mr. Brown also brought up the fact that with the current location of the carport, the view is blocked as one turns onto Greenbriar from Route 47. Mr. Brown proposes that they split up the carport or move it back to open up the view and make it more aesthetically pleasing. Another option would be to move the entrance around to the front. The Mayor stated that the number of units and parking ratio, has already been discussed in the Economic Development Committee, and has gone through the public hearing process for the current layout of this housing unit. Any major revision this late in the process is of great concern to him, The only change the Mayor would not have a huge problem with, is moving the carport back. Any other layout would require a major revision. Alderwoman Burd pointed out that the entrance in the current layout was designed for the convenience of the elderly residents. Alderman Sticka asked Mr. Brown if the current Page 6 of 10 location of the carport was a marketing concern, as prospective tenants may not be able to see the place from the road. Mr. Brown's response was that the first thing you see coming up Greenbriar is a carport which is 14 -15 feet high, and if the carport were to be split up, a greater view of the building would be seen. Alderman Sticka wants specifics with regard to Mr. Brown's proposed changes. Mayor wants a concept (i.e. drawing of revisions) so the committee will be able to see what exact changes they are voting on. This will be placed on the Agenda for Economic Development Committee for next Tuesday, September 9, 2003. Building Permit Report for June /July 2003 (EDC 8/21/03) The reports were reviewed. There were no comments by council members, and this was placed on Consent Agenda, per Mayor Prochaska's suggestion. PC 2003 -09 Windett Ridge Final Plat (EDC 8/21/03) In reference to the short letter from John Whitehouse, senior project manager of Engineering Enterprises, Inc., (E.E.I.), dated August 28, 2003, he (Mr. Whitehouse) is in receipt of the resubmittal of the final plat and improvement plan, and requests ten working days to review the material. Larry Vaupel, representing the developer, along with Attorney John Philipchuck were both present. Mr. Whitehouse is recommending approval by the Council, "subject to final plat and engineering review ". Tony Graff indicated that the main issue that was corrected involved 16 questionable lots being moved out of Phase I final plat. This concept has been submitted and will be going in front of the Plan Commission in October. Mayor confirmed that Phase I received a positive recommendation to move forward from the Plan Commission. The only concern presented by Mr. Graff, and directed as a legal.question to Attorney Philipchuck, was: "Are there any water easements from Wyndham Deerpoint ?" The attorney's response is that they would present letters conveying those easements. This issue then will move on to City Council for consideration on September 9, 2003. PC 2002 -27 Fisher Property Preliminary Plan - Kimball Hill Homes (EDC 8/21/03) As per Alderman Sticka's reference to the letter dated August 6, 2003, from Mr. Whitehouse of E.E.I., there still remains a question about the extension of Faxon Road to Route 47. He was unsure if any progress was made on this. Kelly Kramer confirms that no response has been received to date from the property owner on Cannonball Trail. Alderman Sticka is under the assumption that if property cannot be acquired to extend Faxon Road, a reconfiguration will be needed within the subdivision. The area owned by Wilma Hoag located at 3201 Cannonball Trail would tie up approximately 150 feet of the main part of the road, further east. This issue must be confirmed before it can be voted on. Mr. Graff suggested using the wording, "Subject to...." because this is only the Preliminary Plat. Mayor Prochaska is somewhat amazed that no response was heard to date on this issue after they made a big issue at the Plan Commission meeting that no one had tried to contact them, and they wanted to be involved in this process. He indicated that Attorney Dan Kramer had made several attempts to contact them. Alderman Sticka has some doubts about approving the Page 7 of 10 ' preliminary plan as it is, and even questions if this will really work. He further stated that Mrs. Hoag has been very cooperative, but she and her family admit they are unsure of how to move forward, and are looking for someone to walk them through this process to ensure the Developers will comply with their request for a Right to Farm clause and to also include a landscape buffer in the agreement, as indicated in Tony Graff s letter to Wilma. Hoag dated May 17, 2003. Attorney Kelly Kramer suggests approving the preliminary plat, as long as the final plat comes back in a substantially similar form with minor reconfigurations. The Mayor indicated that based on the comprehensive plan, the road would go in that direction. Before final plat, they would have to know if that road would go through (or connect), and if not, they would consider having that road swing North of that piece of property in question, creating a loop, which would have to be written as such in the Preliminary Plat. Attorney Philipchuck indicated that good City planning would be to simply include the property owned by the Hoags. The Mayor stated that the Hoags are aware of access to City water and sewer, should an annexation take place. Mr. Philipchuck believes in proceeding with the current development plan, in spite of the property owner, who may not be willing to talk. Every attempt must be made to contact them and come to an amicable agreement. Suggestion was made by Alderwoman Burd to first determine appropriate compensation for that piece of land to present to the owner. She also recommended that a certified letter be sent to the Hoags, advising them of the time frame required to respond and the implication that would occur if they chose not to proceed with the annexation, mainly that there would be no back access to their property, leaving their property landlocked. Alderman Sticka quoted the engineers working on this: "Cannonball Trail will carry more traffic if Faxon Road does not extend out to Route 47 ", and further quoted a Plan Commission member, that, "the subdivision will still work even without the extension of Faxon Road up to Route 47." Mayor Prochaska brought up the fact that, when reviewing the bigger transportation plan, just to the left of Faxon Road is Beecher Road, which is meant to go to Galena Road. This would add another access road to Route 34. It was agreed by the Committee that this issue be turned over to Dan Kramer, and that they should proceed with the Preliminary Plat with the additional language that will be placed in the improvement section, before the final plat can be approved. Alderman Kot requests a status report to be reviewed before they vote on this with reference to the negotiations while making it their top priority to contact the Hoags. Development Flow Charts (EDC 8/21/03) These flowcharts are labeled as follows: Concept Plan Flow Chart, Rezoning Flow Chart, Annexation and Zoning Request Flow Chart, Preliminary Plat Flow Chart, Final Plat Flow Chart, PUD Requests, PUD Agreement Amendments, Special Use Zoning Flow Chart and Development Flow Chart Timeline. Alderman Sticka indicates these new Page 8 of 10 flowcharts, which show good layout, demonstrate the rather complicated processes involved after a plan is submitted by a Petitioner, such as which meetings must be attended and the frequency and times of meetings. Mr. Graff asked that the Committee review the flowcharts and fully welcomed their input. He verified the correct language that was used in the flowcharts with two developers. Mayor stated that they did vote previously on these as a procedure which is currently in place. Mr. Graff indicated that the only difference with these flowcharts is that they have been "cleaned up" for more procedural definition. Mayor suggests that there be a motion to accept these as an established City policy. This will be placed on the Agenda for City Council to be voted on, replacing the previous flowcharts. Upon Alderwoman Burd's inquiry, these charts will be marked in the text as "original" to ascertain in the future if changes have been made to them, PUBLIC SAFETY COMMITTEE Monthly Police Reports for July 2003 (PS 8/28/03) The Committee requested that these be placed on Consent Agenda. Establishing Halloween Trick or Treat Hours (PS 8/28/03) Committee's recommendation is to keep the hours the same as last year, which was 4: p.m. to 7:00 p.m. This was placed on Consent Agenda. ADMINISTRATION COMMITEE Request to hire Engineering Assistant (Admin. 8/14/03, COW 8/19/03, CC 8/26/03) The test required for this position was discussed by the Council, which is a standardized test, as indicated by the Mayor. The test was taken from the Internet and also contains questions involving specialized work that will be required by Mr. Wywrot's department. In addition to the previous list of duties, this assistant would be required to generate and assign addressing for new developments, define easements and be able to use auto CAD software to update maps, create and manipulate simple drawings and print files. Salary range is indicated on the handout for the Engineering Assistant Position, reflecting the pay for the position with and without the benefit package. Alderwoman Spears questioned the salary range as it had been previously discussed (twice) in Administration Committee and thought to be too high of a range for this position. She pointed out that the current position which was filled in September 2001 was that of a part time office assistant. She stated, that in reference to Joe Wywrot's memorandum wherein he compared the job descriptions between office assistant, administrative support (or general support assistant) and engineering assistant, she believes that based upon her own comparison of job duties between the office assistant and engineering assistant, the duties were quite similar. Alderwoman Spears presented the breakdown of the General Support position, vs. the Administrative Support Staff position as to the percentage of additional cost to the City (not as additional salary as she had indicated on her handout, of which Mayor Prochaska pointed out). As this is a new position created, Alderwoman Spears questioned if it does indeed have the same duties as Page 9 of 10 the existing part time Administrator's Assistant position. As the Mayor reviewed Alderwoman Spears' comparison, he believed that these are NOT the same, as the Engineering Assistant position will require more technical knowledge. He further stated that this candidate would be required to create bid packages for the City. Mayor acknowledged that there is already someone in the assistant position who is already performing many of these engineering assistant duties. Administrator Graff stated that the position originally was a clerical position with accounts payable duties. The current position held has evolved into increased responsibilities. This was done as a "test" to see what other assistance would be needed by the Engineering Department. As a result, it was determined they needed more than a basic clerical person. Mr. Graff reiterates that this is in fact a new position and not one where someone is being "brought up the ranks ". Mayor acknowledges that Mr. Wywrot is attempting to establish "a staffing program", wherein positions are defined within his department as to the type of work that needs to be done. Both Mayor and Alderman Kot acknowledged that he is meticulous, bluntly honest and conservative, and one whose opinion they value. They have no doubt as to the need for this position. Eric Dhuse explained that his job when he worked for Joe Wywrot as an engineer technician was not the same as an engineering assistant position they are currently seeking. He described his job as a "field guy" - one who did the inspections, daily field reports during the course of construction, and utilized Auto CAD. He indicated that the two engineer technicians they currently have would greatly benefit from an engineering assistant, who could do some of the inside office duties, for which they have little- to -no- time to perform, Administrator Graff indicated that these technicians are being paid to be out in the field. His argument for the higher pay was that, "sometimes an offer of a higher salary package will be necessary to obtain highly qualified and experienced people." He used, as an example, Mike Robinson who was hired from Naperville's Auto CAD inspection department who came with experience. In response to Mr. Wywrot's memo, Alderwoman Spears believes that he may not have a true understanding of the responsibilities of the administrative /clerical staff, and that the additional duties they perform is part of what constitutes the "and other duties as directed by your supervisor" portion of the job description. She acknowledged the same is true for everyone in the City who is carrying an increased workload. This issue was brought to Alderwoman Spears' Committee twice, and both times, it was thought that the salary range was too high for a general support position. She believes that the issue of limiting salaries needs addressing. Both Alderman Sticka and Alderwoman Burd question the increasingly higher salaries of administratively -based jobs. In response, Administrator Graff indicated they are looking for highly qualified individuals who must be able to perform the job with little to no training. Salaries must commensurate. The end result is high- quality work. The salary range as suggested by Mr. Wywrot was $26,910 to $41,900, depending on I Page 10 of 10 qualifications /experience of candidate. This issue was sent to the City Council Meeting for approval. ADDITIONAL BUSINESS Alderman Besco brought up an issue he is personally dealing with. His neighbor blows grass out into the street and it fills the catch basin. This basin is in an area that holds water. He wanted to know if there is an ordinance on the books with respect to this. Mayor Prochaska referred to his own personal experience in which the City of Yorkville required him to do the same many years ago, and believes that something could be done about this. Attorney Kelly Kramer will look into this. Alderwoman Spears indicated that the City will be hosting a booth for the IML Conference. Mayor requested that interested persons who wish to participate let him know. Alderwoman Burd acknowledged and thanked all the people who worked so hard at the Riverfront Festival, in spite of the rain. The Mayor acknowledged the Yorkville football team members, and their Coach who i assisted in the clean up in the rain and cold after the festival. The Mayor reminded the Council that there will be a walk in remembrance of those who perished on September 1 lth, which will begin at 6:30 p.m. This will delay the Administration Committee to 7:00 p.m. He is expecting the members of the community to be present and participate in this remembrance. Mayor indicated that two more entry signs have been ordered which will have larger letters of "The United City of Yorkville" The expense for this was allotted in the Budget. Delivery would be 6 -8 weeks. Administrator Graff indicated that copies of the grant for the Illinois Tomorrow Corridor for the purpose of traffic reduction will be placed in everyone's box. Meeting Adjourned at 9:25 p.m. Respectfully submitted by Gail Denton. i PLEASE SIGN IN, MEETING: �- DATE: NAME STREET ADDRESS CITY -�� ►.,-►„ 1 Zo .�� �(�Ge� -ro 5, T, 3ca Be -c'n lVeLis bail dcJ jLi`�/3f�Gi(L i�'�G cam - �`i J i