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COW Minutes 2003 08-05-03 Page 1 of 11 UNITED CITY OF Y'ORKVILLE COMMITTEE OF THE WHOLE AUGUST 5, 2003 �3►^� 7:00 P.M. ELECTED OFFICIALS PRESENT: Mayor Art Prochaska Alderman Marty Munns Alderman Joe Besco Alderwoman Wanda Ohare Alderwoman Val Burd Alderwoman Rose Spears Alderman Paul James Alderman Richard Sticka Alderman Larry Kot City Clerk Jackie Milschewski City Treasurer Bill Powell CITY STAFF PRESENT: City Administrator Tony Graff City Attorney Kelly Kramer Public Works Director Eric Dhuse Finance Director Traci Pleckham Police Lieutenant Don Schwartzkopf Director of Parks & Recreation Laura Brown GUESTS: See attached list. MAYOR Intergovernmental Agreement between School District, City, Parks & Recreation and Police for the Exchange of Facilities and Services Mayor Prochaska reported that the agreement was presented at the last School Board meeting. The reference to funds being exchanged was removed and the School Board passed the agreement. It is a one year contract that will give the City a chance to see how this will work before renewing it. Alderwoman Spears asked if the Council would be able to see the figures that Executive Director of Parks & Recreation Laura Brown came up with. Mayor Prochaska indicated that she gave a copy of the figures to him and Alderwoman Spears asked to have a copy before the City Council meeting for review. Mayor Prochaska stated that the funds used for the rental, the cost from Parks & Recreation and any revenues generated will be allocated to the payment of the salaries of the police officers assigned to the schools. The Police Department budget will not be cut. This item was placed on the August 12, 2003 City Council meeting consent agenda. Kendall County Jail Proposal and Intergovernmental Agreement Mayor Prochaska stated that Attorney Kelly Kramer drew up a letter for the proposal the acquisition of the jail. He reported that he spoke with the Building and Grounds Committee and explained the City's proposal subject to the City Council's approval. The August 4, 2003 letter covered: • The deed for the building would be transferred to the United City of Yorkville for $1.00 plus any mutually agreed upon incidental cost. • The City would have the right to determine the use of the property. Page 2 of 11 • The City would use its best efforts to maintain upgrade and restore the property as funding becomes available. • If within the first five years the property is sold, the City would deduct expenses and then divide the proceeds between the City and the County. • If the property is sold after five years, the City would have no financial obligation to the county. The time limit for the agreement to become effective was discussed and the Council agreed to a time limit of 120 days. Attorney Kramer was instructed to draft an Intergovernmental Agreement to go with the proposal letter. This item was placed on the August 12, 2003 City Council meeting consent agenda. PUBLIC WORKS COMMITTEE Fox Hill Recapture Attorney Kramer reported that the developer wants a recapture for utilities and improvements made within the subdivision on the stub roads. The City has taken the position that it will not allow the recapture for the improvements because they were required to bring utilities all the way to the end of their property however they will be allowed recapture for the oversizing of the sewer line. The city should be receiving a revised development agreement. The developer will have all the changes requested by City Engineer Joe Wywrot to the Clerk's office by Friday, August 8, 2003 in order to be in the City Council meeting packet. This item was placed on the August 12, 2003 City Council meeting regular agenda. Dickson Court — Result of Bid Openings Alderman Besco reported that Meyer Paving, Inc. presented the lowest bid at $64,659.46. Their bid was lowest due to the pricing of curb installation which Mr. Wywrot discussed with them Mr. Wywrot and the Public Works Committee recommend awarding the bid to them. This item was placed on the August 12, 2003 City Council meeting consent agenda. NPDES Phase 2 Storm Water Requirements Director of Public Works Eric Dhuse reported that the Illinois Environmental Protection Agency (IEPA) it is requiring that the United City of Yorkville submit a Notice of Intent for the National Pollutant Discharge Elimination System ( NPDES). Engineering Enterprises, Inc. (EEI) is working on the documents which need to be submitted by August 15, 2003. City Clerk Milschewski noted that there is a $1000.00 annual fee that goes along with the application. Administrator Graff stated that the Illinois Municipal League (IML) is requesting that the fee be submitted with a letter and resolution of protest. There is some question of the legality of the state charging the fee. Attorney Kramer stated she would have the resolution ready by August 8, 2003. I Page 3 of 11 This item was placed on the August 12, 2003 City Council meeting regular agenda. Route 34 /Game Farm Road Traffic Signal Change Order No. 2 Alderman Besco reported that the change order for $1,253.37is for pavement stripping. The work should be covered by the agreement between the Illinois Department of Transportation (IDOT) and the United City of Yorkville and IDOT should fund approximately 93% of the cost. This item was placed on the August 12, 2003 City Council meeting consent agenda. Route 34 /Game Farm Road Traffic Signal Change Order No. 3 Alderman Besco reported that the change order for $1,108.80 is for furnishing and 1 in The r 1 1 a covered b the agreement rep ac g topsoil. e wo k should also b y between the IDOT and the United City of Yorkville and IDOT should fund approximately 93% of the cost. This item was placed on the August 12, 2003 City Council meeting consent agenda. South Elevated Water Storage Tank — Result of Bid Opening Administrator Graff reported that this did not go through the Public Works Committee due to the timing of the bid and the need to move the radium compliance project along. EEI reviewed and tabulated the bids. Bids were taken on both a 1 million gallon (mg) and 1.25 mg elevated storage tank. The original budgeted amount of $1,500,000.00 was based on a 1 mg tank. The bid for the 1 mg tank was $1,380,000.00 and for the 1.25 mg tank $1,592,000.00. EEI recommends that the City build a 1.25 mg tank because: the cost of adding storage in the future will be more expensive; the larger tank will provide greater operation flexibility and back -up; the investment in the larger tank will extend the time before a second tank in the region will be needed. EEI recommends awarding the bid to CB &I of Plainfield, Illinois in the amount of $1,592,000.00. The Council discussed if funds should be expended at this time to build a larger tank. Administrator Graff explained that the City has the funds for the larger tower; approximately $450,000.00 will be received from a developer and the City has a $900,000.00 grant from the federal EPA to be used for water improvement projects. The City is still on target for the water project and no tax dollars will be used. Developers are looking at the south side and there will probably be a need for another tower in about five years; a larger tank now will keep the City ahead for awhile until new development can than pay for another. This awarding of the bid for the 1.25 mg tank was placed on the August 12, 2003 City Council meeting consent agenda. South BPS/PRV Station — Result of Bid Opening Director Dhuse reported that the bids were for the booster station for the fourth pressure zone. This ties in to the new well and water tower. EEI again reviewed and tabulated the Page 4 of 11 bids and they recommend the bid be awarded to Seagren Construction of Hampshire, Illinois. Seagren's bid was for $374,095.00 and was slightly higher than EEI's estimate of $346,311.00. There were additional costs due to the PRV value location. Alderman Sticka commented that City Engineer Joe Wywrot is more conservative and accurate in his estimates than EEI. This item was placed on the August 12, 2003 City Council meeting consent agenda. Water Well No. 7 — Results of Bid Opening EEI again reviewed and tabulated the bids and they recommend the bid be awarded to Layne Western, a Division of Layne Christensen Company, of Aurora, Illinois. They had the low bid in the amount of $685,590.00. The Council discussed if explosive would be used and Administrator Graff explained that a wet drilling process was going to be used instead of explosives. He explained that the property owners to the west of the site, the Block family, requested that there be no discharge and that the drilling time be limited in an effort not to disturb their agricultural operation. Specialized drilling methods will be used so that the water will be held on site and not drained on to the Block's property per their request. This process cost an extra $40,000.00 to $60,000.00. This item was placed on the August 12, 2003 City Council meeting consent agenda. PUBLIC SAFETY COMMITTEE Monthly Police reports for June 2003 Alderman Kot reported that the Public Safety Committee recommended the reports move on to the City Council. This item was placed on the August 12, 2003 City Council meeting consent agenda. Hiring of 2 Additional Personnel in Accordance with the Grande Reserve Annexation Agreement Alderman Kot reported that this item was discussed at the Public Safety Committee and with Police Chief Martin. With the passing of the Grande Reserve annexation, the PD would like to stay ahead with manpower. They would like to ask the Police Commission to create a list of prospective officers so that two can be selected. Chief Martin stated that the new officers could be in place anywhere from three to six months. Administrator Graff stated that the City is working on payment arrangements with Grande Reserve. Funds should come in from them 30 days after the agreement is recorded. He estimated the earliest funds will be seen in late September. There annexation agreement allows for funding before any homes are built. A resolution creating two additional officer positions will be placed on the August 12, 2003 City Council meeting regular agenda. Page 5 of 11 ADMINSTRATION COMMITTEE Copier Proposals Finance Director Plgckham explained that there was an updated proposal from Kopy Kat Copier, Inc. They upgraded the color copier and changed the volume amount however the cost per copy remained the same as did the lease amount. Kopy Kat was the lowest bidder and is the company the City is currently using. The City will be leasing seven new copiers for a five year term. The current lease will save the City $30.00 /month for service alone. This item was placed on the August 12, 2003 City Council meeting consent agenda. Employee Manual Administrator Graff reported that the Council had given Attorney Dan Kramer direction to contact the labor attorney in regards to the proposed changes to the Employee Manual. Attorney Kramer had a lengthy discussion with Labor Attorney Abby Rogers regarding pre - discharge hearings rights. Attorney Rogers felt that a pre - discharge hearing would be opening the City up to liability and not in its best interest. The Council discussed that Administrator Graff can not fire any employee but he can recommend to the City Council that they be terminated. Attorney Kelly Kramer agreed that the City Council has to approve employee terminations. Attorney Kelly Kramer also explained that Attorney Rogers had an issue with the implementation of the new Employee Manual. Attorney Rogers suggested that the City give the employees some consideration for the implementation of the new handbook because the current employees have a vested interest in their rights as an employee. The new manual will be taking away some rights and adding new rights and they should be compensated for this in order for the manual to be legally binding. If this is not done, an employee could use the old employee manual for their benefit if they are discharges or unhappy with a policy. Attorney Rogers did not recommend a specific amount for the compensation. The Council also discussed the right to body search an employee. Alderwoman Burd stated she was very uncomfortable with this being included in the manual. Administrator Graff noted that this has been removed. Alderwoman Burd asked that the manual be sent back to the Administration Committee for further review. She stated that she would like to review other community's handbooks and compare them to Yorkville's. She felt other communities seem to be more aware of sexual harassment. Administrator Graff stated that this is addressed in the manual with a full disclosure and safeguards for the employees. Attorney Kelly Kramer advised caution in comparing handbooks and stated that Attorney Roger's firm, Seyfarth and Shaw, is the up to date with case law whereas the author's of other handbooks might not be.. Mayor Prochaska stated that he was not in favor of sending the manual back to the Administration Committee as he wanted to keep it moving ahead. He suggested that the Page 6 of 11 Council get clean copies and it be discussed again at the next COW meeting. The Council agreed. Windett Ridge and Raintree Village SSA Documentation Finance Director Pleckham reported that the final draft documentation for the two SSAs was available for review. They are in binders on the table under the Council's mailboxes. She stated that Attorney Dan Kramer is in the process of getting an opinion letter together for the Council's review. Attorney Kelly Kramer stated that the letter should be done the beginning of the following week. This item was placed on the August 12, 2003 City Council meeting regular agenda pending the letter from Attorney Kramer. ECONOMIC DEVELOPMENT COMMITTEE Westbury Village Revised Annexation Agreement Administrator Graff reported that there are still a few issues with the agreement. The developer has requested a limitation on the school site. The site will be turned over at the fmal platting however the developer is requesting that if the school is not built within three years the property will revert back to them. Mayor Prochaska stated that unless he received a letter for the School District stating they were happy with this he would not support the agreement. He felt that three years is an unreasonable amount of time. The developer's attorney Sanford Stein explained that the intention was to make certain that the School District ends up with what it needs at the time it acquires the land. He stated that the District has been requesting land be set aside in every development but it might not be likely they will build a school in each area. The district may end up with land that they may not be able to use. They are proposing that if the District can 't use the land, they will take the land back and pay the "cash in lieu fee" at the then going rate. The developer has asked the District to look at this option and give their recommendation. Mayor Prochaska pointed out that the Annexation Agreement is with the City not the School District. He questioned the legality of the City making the District give the property back. Attorney Stein stated that the developer would need an agreement with the School District in order for this to work with the City. The Council further discussed this issue with Mr. Stein and the developer. Mayor Prochaska proceeded to go through the Annexation Agreement and asked for clarification of many items and/or revisions to the agreements language. After a lengthy discussion of these items it was determined that the Council needed recommendation and/or advice from the School District, Park Board and engineers before it could move along. The developer stated they could have a revised agreement to the City by Friday, August 8, 2003 so that it could move on to the City Council meeting. Alderman Kot noted that this is a large addition to the City and he felt that another two weeks for the i Page 7 of 11 Council to be make sure the City has what it wants in the agreement would be time well spent. The Council agreed with Alderman Kot. It was decided to bring back a revised Annexation Agreement to the August 19, 2003 COW meeting. Caledonia Preliminary Plan and Amendment to Annexation and PUD Agreement Attorney Kramer reported that this development is for the property that encompassed the Yorkville Business Park. Under the original Annexation Agreement, Inland had the right to come into the City with a plan for R -4 residential if after a certain number of years the property did not develop as manufacturing. Chuck Hanlon with the developer stated that the original PUD that allowed the residential development was vague. The developer went over a list of amended lot standards (see attached). He commented that the original R -4 PUD allowed for a density that is twice of what they are proposing. The average lot size is 12,000 square feet which the developer knows is less than what newer projects are expected to have however the developer is proposing single family residences instead of multi- family as the PUD allows. Mayor Prochaska reiterated that the original agreement allowed 4 units /acre and the proposed plan is now 2.4 units /acre. He noted that the Plan Commission's concern was the side yard width however the developer has addressed this. The Mayor noted that the annexation agreement was scheduled for a public hearing and he stated he would like the Annexation Agreement to be updated to reflect the information that was presented tonight. Attorney Kramer stated she would do this. Alderwoman Ohare commented that she was unaware of the circumstances of the original PUD until she did further research. She was concerned if the general public understood the circumstances. Mayor Prochaska explained that he felt that the press had done a good job explaining the situation. Alderman Sticka stated that City Planner Mike Schoppe explained to the Plan Commission how a subdivision such as this could be handled with the lot sizes proposed and be a positive contribution to the City. Mayor Prochaska asked Administrator Graff to have Mr. Schoppe attend the COW meeting after the public hearing for the annexation in order to give his presentation to the Council. Alderwoman Burd discussed her feelings about transitional areas in the City and stated that she felt that the minimum lot size of 10,000 square feet should be maintained. The Council further discussed transition area and lot size. Alderman Munns asked how many lots were less than 12,000 square feet. Alderwoman Ohare stated that she went through the plan and counted 123 lots are under 12,000 square feet and 44 less than 10000 square feet. The development has a total of 206 units. Alderwoman Spears asked if any of the streets were named using the historic street name list and he stated he would check. Page 8 of 11 The Council had a lengthy discussion regarding the role of the Plan Commission and its effects on developer's final plans. This item will be brought back to the COW after the public hearing on August 12, 2003. Fisher Property/Kimball Hill Homes Annexation Agreement Mayor Prochaska noted that page 6; Item B states that the City "allows" connection to the sanitary sewer lines until the Rob Roy Creek Interceptor is available. He asked that some verbiage be added that states that the City cannot guarantee the use of the sanitary sewer line. Attorney John Philipchuck, representing the developer, reminded the Council that if it wasn't for the easements granted by the Fisher family, areas such as Caledonia would not have sewer and water. They are also part of the recapture area for the Cannonball Trail Sanitary Sewer. He felt that they have helped to develop the system and should not be told they cannot access it. They are willing to pay their fees and hope they can be used to get the engineering studies for the Rob Roy Creek Interceptor Project moving along. Mayor Prochaska clarified that he wanted the verbiage because of all the conditions that could affect the building of the sewer such as the economy, other developments in the area, etc. Administrator Graff noted an error in the fee schedule. The tap -on fee for single family residences is incorrectly stated as $2,000.00; it is $2,600.00. They discussed the Deuchler study and the possibility that the fee may be increased and this should be addressed in the agreement. Attorneys Philipchuck and Kramer stated that they would work out language to address this. Administrator Graff also suggested addressing the language regarding the Administrative Fees. The attorneys agreed. Other items discussed were: • The extension of New Faxon Road to Route 47. Mayor Prochaska stated that engineers are suggesting that it extend however the owners of the Hoag farm need to grant an easement for the road. Administrator Graff stated that the City is in contact with Mrs. Hoag. • Donating land in the flood plain to the City. • Keeping the landscape buffering consistent with that along Cannonball Trail. • The weather warning fee. This item was placed on the August 12, 2003 City Council meeting regular agenda pending the revision of the agreement. PC 2003 -06 Senior Apartment Housing PUD Draft Attorney Kramer stated that the developer originally petitioned for a Special Use however there is nothing in the City's zoning code that specifically addresses special use for senior housing. Because of this, the City proposed that they submit as a one -lot PUD specifically for seniors. The developer will apply with the federal and state government to get the age restrictive classification. Attorney Kramer asked for direction from the Council as to what age restriction they preferred. I Page 9 of 11 Mayor Prochaska noted that Item B on page 3 regarding school transition fees should be removed from the PUD agreement as it is an age restricted development. The Council discussed this and it was decided to leave Item B in the agreement however add language to clarify that should the property be accepted as age restrictive the fee is not owed. Attorney Kramer stated she would correct the agreement before public viewing. This item was placed on the August 12, 2003 City Council meeting agenda as a public hearing. Rear Yard Setback Variance The Zoning Board of Appeals met and unanimously recommended the variance for the property at 2147 Kingsmill Street for a three- season room. This item was placed on the August 12, 2003 City Council meeting regular agenda. Resolution Acknowledging the Cable System Upgrade & Designating the Southwest Fox Valley Cable & Telecommunication Consortium as Agent Alderman Sticka reported that this is a housekeeping item. The resolution acknowledges that the term of the franchise will be twelve years. This item was placed on the August 12, 2003 City Council meeting consent agenda. ADDITIONAL BUSINESS Hydraulic Watermain Alderwoman Burd reported that the crew drilling in front of her house ran into bedrock and she asked if this would affect the cost of the project. Administrator Graff stated is shouldn't have any effect because they anticipated this. Fox Hill Signs Alderwoman Ohare started that there has been a complaint from residents of Fox Hill about people driving through the cornfield. The Police Department advised her there are signs to be installed. Director of Public Works Eric Dhuse explained that there are diamond shaped signs with red reflectors to be installed. Spring Street Alderwoman Ohare stated that three residents of Spring Street (405, 407 and 409) contacted her because they were upset that the parkway has not been restored since the sewer work was done two years ago. Mr. Dhuse reported that this project was to be completed by Richard Marker and that City Engineer Joe Wywrot has sent a letter to Marker about getting the situation remedied. Administrator Graff stated that the City is still holding letters of credit which won't be released until the project is completed. He recommended that Alderwoman Ohare advised the residents of the situation and hopefully this fall the problem will be corrected. Kylyn's Ridge Garbage Alderwoman Ohare stated that the president of their homeowner's association advised a resident to call her regarding a problem with trash cans blowing around. They feel that the City should have some control over this. She advised them that it wasn't the City's Page 10 of 11 responsibility and she asked if she had advised them correctly. The Council discussed the problem and Attorney Kramer advised Alderwoman Ohare to ask the president of the HOA to check the covenants and write the resident responsible for the cans a letter asking him to secure them. Fox Hill SSA Alderwoman Ohare asked if anyone would like to volunteer to help her count votes for the Fox Hill SSA. Attorney Dan Kramer advised her that it was okay for her to count the votes. The meeting is from 7:00 — 8 :00 P.M. on August 6, 2003. Truck Proposal Alderman Besco reported on the proposal for the purchase of a new truck as part of the Grande Reserve annexation. Mr. Dhuse is working with Finance Director Traci Pleckham to secure funds. The cost of the 5 -yard dump truck is $74,865.00 and Mr. Dhuse would like to order it as soon as possible in order to have it for the winter season. The information was not received in time in order to have it on the agenda for tonight. This item was placed on the August 12, 2003 City Council meeting regular agenda. Brush Pick -up Alderman Besco asked for an update on brush pick -up. Mr. Dhuse explained it was coming along slowly. The skidsteer broke and the loaner also broke. Hopefully the City's skidsteer will be repaired soon. Brenart Tye Clinic Weeds Alderwoman Spears reported that she received a phone call from Brenart regarding weed control. The weeds near their location were obstructing vehicular vision. The City was contacted however Dr. Brenart hired someone to mow the weeds and he has submitted an invoice for the cost. Administrator Graff stated that the City was in the process of getting the situation resolved with Menard's. He told Alderwoman Spears he would submit the bill to Menard's. Dumpster on Heustis Street Alderman James noted that there has been a dumpster in the driveway of a vacant house on Heustis Street (two houses south of Van Emmon on the west side of the street) for longer than a year. He asked if Bill Dettmer could look into it. Clerk Milschewski added that residents of the apartments across the street are adding to the dumpster. Minute Takers Clerk Milschewski reminded that Council that she is in need of minute takers and asked them to put the word out. She explained that Cindy Green has asked to be replaced. Vacate Property Mayor Prochaska stated that the residents in Fox Hill on either side of the street off Aspen which goes in to Dr. Davis' property have asked if the City could vacate the property. They stated that they will each take half. He has asked the staff to review the annexation agreement and PUD agreement because he recalled verbiage regarding access to the farm. Plano School District #88 Mayor Prochaska reported he received a letter from the superintendent of District #88 requesting that the city increase their transition fees to $3,000.00. He asked that an ordinance will be drafted to address this. Page 11 of 11 Council Chamber Addition Administrator Graff reported that there will be a change order for the City Council chamber addition because soil borings indicate that the soil in the area of the addition is poor and pylons will be needed. The change order will be for $27,240.00. The cost is still in budget. The change order needs to be approved in order for the project to proceed. This item was placed on the August 12, 2003 City Council meeting regular agenda. There was no other additional business. The meeting was adjourned at 10:15 P.M. Minutes submitted by Jackie Milschewski, City Clerk Caledonia Lot Standards Minimum Rear Yard Setback 40' Minimum Front Yard Setback 30' Minimum Side Yard Setback 7.5' Minimum Lot Width 70' Minimum Corner Lot Width 92.5' Minimum Lot Area 9,350 Right -Of -Way 66' Roadway Width 30' Radius of Curves 90' 92.5' 40' .............................. l ...... ............................... 30' 55' 7.5' ... ............................... i ......... ........................:...... 30' Corner Lot Variations R -2 A variation for the lot area of not less than twelve thousand (12,000) square feet to be reduced to nine thousand three hundred fifty (9,350) square feet A variation for the width at the building line of not less than eighty feet (80') to be reduced ten (10') feet to seventy (70') feet. A variation for a minimum side yard setback of ten (10') feet to be reduced to seven and one -half (7.5') feet. A variation for a minimum radius to centerline of horizontal curves of a minor street, for single family residence of one hundred (100') feet to be reduced ten (10') feet to ninety (90') feet. COMMITTEE OF THE WHOLE MEETING August 5, 2003 PLEASE PRINT NAME: ADDRESS: C 14 ce S te, /, � �� �G,•. � � / /�� (/�a ��a-� � � 5 U , �L IM �Ir uS h)* /1eujS tA, l ope n I�Jaa �e��� Jas SIGNIN