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COW Minutes 2003 07-01-03 Page 1 of 10 ; P OROV 1) BV :;I'I'I' t'fii INt'll_ UNITED CITY OF YORKVILLE �)1�. mil• �'3 by COMMITTEE OF THE WHOLE JULY 1, 2003 7:00 P.M. ELECTED OFFICIALS PRESENT: Mayor Art Prochaska Alderman Larry Kot Alderman Richard Sticka Alderman Paul James Alderman Marty Munns City Treasurer Bill Powell Alderwoman Valerie Burd (arrived 7:40) i CITY STAFF PRESENT: City Administrator Tony Graff City Attorney Dan Kramer Public Works Director Eric Dhuse Finance Director Traci Pleckham Police Chief Harold Martin Director of Parks & Recreation Laura. Brown GUESTS: See attached list. PUBLIC HEARING Amendment to Text of R -1 Zoning Ordinance to Allow Special Use for an Antique Store Attorney Dan Kramer indicated that this public hearing was going to be tabled until the City Council meeting on July 8, 2003. Water Conservation Ordinance Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing the Water Conservation Ordinance. So moved by Alderman Kot; seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes -4 Nays -0 James -aye, Kot -aye, Munns -aye, Sticka -aye Attorney Kramer stated that the proposed ordinance has been on display at City Hall for public viewing. Director of Public Works Eric Dhuse stated that the ordinance is for the conservation of water by setting rules and regulations to control water usage. He stated that he has had discussions with Jeff Freeman with Engineering Enterprises, Inc. (EEI) who stated that the City is nearing some of the thresholds for its wells. He distributed a handout listing the water usage for the last two weeks which indicates that the City has exceed more that one million gallons /day on warm days. Mr. Freeman stated that from a design perspective, supply is based on meeting the City's maximum day of usage without the largest well so that if the largest well should fail, fire flow and other supply needs can be met. Currently, if the City's largest well should fail, the City would only have the ability to supply 900,000 gallons /day. This would not meet the needs on a day of maximum usage. Overall the City is moving in the right direction by getting more wells online in an effort to meet the design perspective. EEI has made the recommendation to the City to enact a Water Conservation Ordinance to make sure there is enough water in the system to meet critical needs. Page 2 of 10 Mayor Prochaska opened the floor to the public. John Purcell, Mulhern Court, commented that he is a homebuilder and when putting in a new yard before a house is sold it is hard to schedule a landscaper to work on the proposed even or odd watering days. He suggested that people putting new sod in be given two weeks leeway to get the sod established. Mr. Dhuse noted that there is a provision for new sod in the ordinance which allows for two weeks of watering. Mr. Purcell also commented that the covenants for some new subdivisions require sod. He felt that people should be given the option to do seed or a seed blanket which requires less watering. Mr. Dhuse stated that the ordinance prohibits the planting of sod in July and August. Mr. Purcell apologized for not having previously read the ordinance but he saw that a public hearing was being held and he wanted to show his support of the ordinance. His last comment was that the City's weed ordinance does not allow anything over eight inches and the City might want to consider allowing prairie grass which filters more water into the ground and requires less watering to keep alive. Mayor Prochaska commented that the City is encouraging the use of prairie grass around detention areas. Susan Juranek, Washington Street, stated that she did not know the ordinance was available to be viewed so she did not get to review it. She stated that she is a conservationist and has some concerns about the watering hours mentioned in the newspaper. She stated that she polled some of her co- workers who live in different communities and found that the hours proposed are extreme especially the watering hours from 9:00 P.M. to Midnight. She asked that these hours be reconsidered. She recommended 6:00 P.M. to 10:00 P.M. or 7:00 P.M. to 11:00 P.M. Mayor Prochaska indicated that he received calls from residents who felt that the hours in the ordinance are too restrictive. Mr. Dhuse noted that 6:00 P.M. is a peak hour of usage. Ms. Juranek asked if the restriction was just for sprinklers and Mr. Dhuse stated it did not apply to hand watering. Mayor Prochaska suggested that the watering hours be reviewed. Ms. Juranek also asked how the ordinance was going to be enforced. Mayor Prochaska stated that neighbors can report misuse or police driving by and seeing misuse can enforce the ordinance. Ron Mattson, Fox Hill subdivision, stated that he had concerns about the watering of new sod and the limitation of the months for planting new sod. He felt that a burden was being placed on homeowners and landscapers for the summer months. Mr. Dhuse stated that the restriction for planting sod is because some people don't monitor their watering. He noted that he spoke to someone who had watered his sod for 48 hours straight and most of the water ran into the street. He stated that the ordinance was for all residents, not just builders. Mr. Mattson stated that he has owned three new homes and with two of them, he had an extra ten inches of top soil delivered which helps to conserve water. He stated that developers should be required to replace more top soil to help with conservation. He also suggested that provisions be placed in the ordinance to address new homes. Mayor Prochaska stated that the City cannot differentiate who has the right to lay sod or not. Alderman Sticka commented that it would be interesting to compare the water usage from the month of July to that of the month of December. Mr. Freeman indicated that typical use is 110 gallons /capita/day. In areas in the community with established lawns, the maximum use is usually 1.5 times the normal usage. In growing communities, this figure can be anywhere from 2.25 to 2.5 times the normal usage due to new lawns. This equates large flow during time periods of high usage. He explained that water has to be produced everyday to meet supply needs. It cannot be put into storage to call upon when it is needed because it has to be spread over the entire time period. Mayor Prochaska commented that during the peak months of usage, the City does not want to add any additional burden to the system until new wells are completed. i Page 3 of 10 i Alderman Sticka asked if the City has already had days when the fire flow has been below the recommended amount. Mr. Freeman stated that if the well quit and the tanks were low, the City could be in trouble. The ordinance will help protect against this situation if it ever occurs. Resident Bill Dawson commented that he agreed with the odd/even water days and hand -held watering restrictions. His stated that with established yards, he would not allow watering at all. He stated that established grass will not die but go dormant. He stated he would rather have a drink of water than a green yard. He was concerned with the enforcement of the ordinance Alderwoman Burd stated that she was contacted by a resident who was unable to attend tonight but wanted her concerns shared with the Council. The resident agreed with the water conservation however she was concerned with her children playing in the sprinkler during the day. This was not addressed in the ordinance. Alderwoman Burd stated that parents could sprinkle their children with the hose rather than setting a sprinkle out unattended. Mayor Prochaska noted that wading pools are allowed under the ordinance. Mr. Dhuse stated that he has been asked if the sod watering requirements could be suspended until next year so people can prepare for it. If the ordinance passes, there will be no more sod planting until September 1, 2003 and this will affect those currently ready to sod. The Council discussed how this could be addressed. Mayor Prochaska stated that they needed to review the sod issue. Mayor Prochaska commented that this ordinance affects the entire community and it is up to the citizens to be responsible and work together to conserve water. He stated that he would have staff look at the comments and suggestions brought up tonight and make adjustments. He also stated that he has heard that, as Mr. Mattson said, more top soil is better for water conservation. He stated that this might be something for the City to look at. There was no further discussion so Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Sticka; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes -4 Nays -0 Sticka -aye, James -aye, Kot -aye, Munns -aye PRESENTATION SSA Update Administrator Graff stated that Peter Raphael with William Blair & Co. was present to give an update on Special Service Areas (SSAs). He stated that William Blair & Co. has minimized the City's exposure and the administrative staff's time. Mr. Raphael discussed the two SSAs currently in process; Raintree Village and Windett Ridge. A public hearing for the SSAs are scheduled for the July 8, 2003 City Council meeting. After the public hearing, the establishing ordinance and the ordinance authorizing the issuance of bonds will be before the Council for approval. This should occur by the end of July or the beginning of August. The tax exempt, thirty-eight year, fixed -rate bonds will be sold in denominations of $100,000.00. The SSAs will be used to pay for infrastructure within each development such as water, sewer and roads and only the property owners living in the developments will be taxed. The bonds are not general obligation bonds but are non - recourse to the City. They are paid off solely by the Page 4 of 10 special tax collected from the homeowners within the development. Mr. Raphael further explained how the SSA will be applied to a homeowner's real estate bill; the SSA is divided between the properties based on their population equivalent (PE) which is determined by the state. Single family homes have a PE rate of 3.5 and townhomes homeowner have a PE of 2.8. . Mr. Raphael explained that William Blair will hire an administrator for the bonds who will receive payment from the SSAs. This person's toll -free telephone number will be available to homeowners in the area and they will be able to contact him/her directly. The City will also have pamphlets explaining the SSA available for homeowner's in these areas. Mr. Raphael explained that there are a few things the City has to do for the SSAs. A levy will be issued for the full thirty years of the bond issue. The levy is in excess of what needs to be paid on the bonds; there is a 10% "cushion" for delinquent fees or defaults. Every December, the levy will be abated down 10% so that the homeowners are only paying exactly what is needed to pay the debt service, the administrator and any miscellaneous fees. In the event that the County has to go to sale for delinquent taxes and they are not sold, there is a covenant that the City will proceed with foreclosure. The odds of this happening are incredibly slim. There are also covenants saying that the City will not do anything to make the bonds taxable. Mr. Raphael explained that the proceeds from the bond issue will go into a trust account. The developer cannot get the funds until the work is preformed up to the City's standards. When a draw request is received, the City Engineer will sign -off that the work has been done satisfactorily. The City will then sign -off on the disbursement which goes to a trustee. The trustee will then disburse the funds to the developer or to a title company. If a developer defaults and does not complete the project, the City has the funds to complete the project in the SSA bonds and in the developer's letter of credit or surety bond. The City is in charge of releasing the SSA funds. Mr. Raphael opened the floor for questions. Alderman James asked how the County is notified of the SSA and how does the City ensure that the SSA is being added to the tax bills. Mr. Raphael stated that the City will file the levy with the County to inform them of the SSA. Additionally, every year after the abatement ordinance is passed, the administrator of the SSA will give the ordinance, a list of PIN numbers and the dollar amount that each homeowner owes to the County. Attorney Kramer also explained that the enabling and creating ordinance for each SSA is recorded with the County and filed with the County Clerk's office when they are approved. He also noted that County has been included in the creation of these SSAs. Alderman Sticka asked if the tax would be deleted from real estate bills after the bonds are paid off in thirty years. Mr. Raphael stated that yes, it would and possibly the tax will be deleted sooner than thirty -years because the reserves that will build up will be used to pay off the bond earlier. He also explained that once the community is built out, the interest rate could be reduced because the risk of the bonds is decreased. Mayor Prochaska noted that homeowners can prepay the SSA. He asked that if this is done and the rate is reduced are the homeowners out the money and Mr. Raphael stated yes they would not be refunded. Mr. Raphael stated that most people do not initially prepay but this does sometimes occur later when homes are refinanced. Also, the reserves to pay off the bonds usually are not built up until the end of the thirty-year term. He also explained that the sale contracts on the homes in these areas will include a rider which addresses the SSA which home buyers have to Page 5 of 10 sign. The SSA is also recorded as a lien on the property so when the properties are sold, subsequent buyers are made aware of the SSA. Alderman Kot asked how many communities in the area are establishing SSAs. Mr. Raphael stated that more established communities tend not to need SSAs. Towns along the Route 47 corridor tend to use it more because they have large sewer and water improvements. He estimated about a dozen communities from Antioch to Minooka are using SSAs. There were no further questions and/or comments. Mayor Prochaska thanked Mr. Raphael for his presentation. CITIZENS COMMENTS Resident Jim Beck addressed the Council. He stated that he lived on his family's farm on the south end of the Fox Hill subdivision. He stated that when John Street was constructed in 2001, his property was encroached upon; trees and fences were removed and machines were run through his fields. He stated that when this happened, he spoke with City Engineer Joe Wywrot who came out to survey the area and agreed that the developer encroached on Mr. Beck's property. Mr. Wywrot contacted the developer Paul Dresden and Mr. Beck and Mr. Dresden came to an understanding regarding some of the damage. However, Mr. Dresden has not done as he promised. Mr. Beck stated that since this happened, he has been occupied with being the executor of his mother's estate. He came to the Council because he has heard that the City will be signing off on Mr. Dresden's property and he would like this matter addressed and solved. He explained that the City has installed reflective signs at the end of the road however he is concerned that someone could enter his property at this site with four- wheelers, etc. He asked that the developer clean up the debris that has been dumped at the end of the road, compensate him for the removed trees, remove the section of road on his property and replace the fence. He j asked that the City include this work on their punch list. The Council discussed Mr. Beck's request including the size of the trees that were removed. Attorney Kramer stated that the items Mr. Beck is requesting be added to the punch list are not the City's responsibility and cannot be added. He recommended that the City only install a reflective barrier in City property. He encouraged Mr. Beck and the developer to come to a resolution between themselves. Mayor Prochaska agreed however he asked that Mr. Beck or the developer keep the City Council advised to the progress of this. Attorney Kramer also stated that the township has a fence act that may apply to this property. He reiterated that the City could ask and encourage the developer to resolve this matter but this could not be added to the punch list. After some discussion, Mayor Prochaska asked that the staff review all the issues presented by Mr. Beck prior to signing off on the property. Mr. Beck was also advised to contact Bristol Township in regards to the fence issue. There was no further discussion and Mr. Beck thanked the Council for their time. MAYOR Intergovernmental Agreement between School District, City Parks & Recreation and Police for the Exchange of Facilities and Services — Update Mayor Prochaska reported that the City has been in discussion with the School District regarding the method by which they exchange services. He stated that they are trying to establish an equal exchange for services and facilities. The agreement will be for one year and services will be Page 6 of 10 monitored. After the year, costs and services will be reevaluated. The Council discussed how this will affect the budgets for Public Safety and Parks & Recreation Departments. It was suggested that the Council receive a quarterly report on the costs involved with the agreement. Mayor Prochaska made the Council aware there may need to be adjustments in the mid -year budget and costs may need to be supplemented. Mayor Prochaska stated that a cost analysis would also be done after the first year of the agreement. The Council discussed the City's use of school facilities and the School District's use of City services such as police. Mayor Prochaska stated that he hoped to bring the agreement document back to the next Committee of the Whole (COW) meeting. Wurst and CorLands Annexations Mayor Prochaska explained that the Wurst property is located at Cannonball Trail and it will be a straight annexation with E -1 (estate) zoning. This property is located next to the open land that the City is working with CorLands to annex. Both annexations will be on the City Council meeting agenda July 8, 2003. ATTORNEY KRAMER Heartland Circle Development Agreement Administrator Graff explained that the agreement is for the Bruell Street regional lift station. The agreement addresses permission for the building of the temporary lift station, the developer's cost, the Illinois Environmental Protection Agency (IEPA) permits and a few clean-up items between the City and the developer of Heartland Circle. Attorney Kramer stated that he reviewed the agreement and the general language is fine and only the specific costs are needed. CorLands Lease - Donation Agreement Attorney Kramer reported that this is a standard backup agreement for the CorLands annexation that will be before the Council on July 8, 2003. Administrator Graff noted that MPI has agreed to pay all fees for holding the property in trust along with the lease -hold fees. Mayor Prochaska asked to receive something in writing guaranteeing the City that MPI is responsible for the fees. This item was placed on the July 8, 2003 City Council meeting consent agenda. PUBLIC WORKS COMMITTEE Fox Hill Recapture This item was tabled to the July 15, 2003 COW meeting. Apple Tree Court — Result of Bid Opening Director of Public Works Eric Dhuse reported that S &K Excavating & Trucking, Inc. had the lowest bid at $84,111.92 for the Apple Tree Court project. The Public Works Committee recommended that they be awarded the bid. Administrator Graff noted that the bid was about $600 over the City Engineer's estimate however the funds are available. This item was placed on the July 8, 2003 City Council meeting consent agenda. Page 7 of 10 2003 Asphalt Surface Treatment — Result of Bid Opening Mr. Dhusc reported that only one bid was received and that was from Boecker Road Maintenance, Inc. in the amount of $31,917.42. He noted that the company has done projects for the City before. This item was placed on the July 8, 2003 City Council meeting consent agenda. 2003 Public Sidewalk Repairs — Result of Bid Opening Mr. Dhuse reported that the lowest bid was received from R.A. Ubert Construction in the amount of $39,423.75 which was slightly over the engineers estimate but includes the Mill Street sidewalk. This item was placed on the July 8, 2003 City Council meeting consent agenda. Liberty Street Water Main — Results of Bid Opening Mr. Dhuse reported that the lowest bid for the Liberty Street Water Main was received from Vian Construction in the amount of $399,513.60. Their bid was below the engineers estimate. This item was placed on the July 8, 2003 City Council meeting consent agenda. Request for Two Additional Public Works Employees Mr. Dhusc stated that the Council asked him to find the funds to pay for two new public works employees which he did. Mayor Prochaska stated that one employee's salary would come out of the Water Operation Fund and the other will be a combination of the Water Fund and the General Fund. The positions will be entry level. This item was placed on the July 8, 2003 City Council meeting consent agenda. i ECONOMIC DEVELOPMENT COMMITTEE Grande Reserve Annexation Agreement Update Items discussed were: o Funding for the City perimeter roads — the developer will fund 80% of the cost; the City 20 %. o Creating a policy which states a fee for perimeter road maintenance. There was a lengthy discussion regarding the policy. The Council discussed the purpose and legality of the fee, determining the correct amount to charge per house and upgrading the roads. o Water improvements — Two wells, a water tank and treatment facility are being built. The developer is oversizing the system and is asking to recover the cost of oversizing with a recapture. The developer is also asking for recovery dollars for the two lines that will be connected to the existing system which will help in developing the commercial area. o School contribution — The language of the agreement regarding a referendum for a new school was discussed. Mayor Prochaska clarified that any time a school district builds a facility; a referendum needs to pass giving approval to spend the funds to do so. Language was also added to the agreement at the School District's request regarding the seventy -five acre parcel designated for their use and guaranteeing them a campus site. o Building covenants — the agreement gives the City a say on what is built on the property and how it looks. They also agreed to any architectural control ordinances. Mayor Prochaska asked for additional verbiage saying that the standards may exceed the City's architectural standards. Page 8 of 10 o Development Buildout — Art Zwemke with MPI explained the phasing of the development. He explained that there will be either a letter of credit or performance bond for each neighborhood as they develop. This protects the City in the event the developer cannot finish by providing the funds for the unfinished improvements. There is also a provision in the agreement to establish SSA's which also gives the City funds. There was a lengthy discussion regarding risks to the City if the development does not completely build out. Mayor Prochaska asked that language be added to the agreement stating that the developer will use best practices in phasing the development. John Barabas, a resident of River Ridge questioned how the water line would affect his subdivision. Mayor Prochaska explained that the water line will not go through the River Ridge subdivision. In order for the annexation agreement to move ahead, Administrator Graff stated that there were a few minor exhibit changes needed, the School District needs to sign off and there were a few things for Attorney Kramer to work out on the road contribution fund. After much discussion, the Council asked to get a report of staff recommendations to indicate they approve of the development. It was the consensus of the Council to bring the revised agreement back to the July 15, 2003 COW meeting. ADMINISTRATION COMMITTEE Grande Reserve Fiscal Impact Analysis Finance Director Traci Pleckham reported that the analysis was preformed by Northern Illinois University (NIU) and reviewed by Kevin McCanna of Speer Financial. The analysis shows buildout costs, revenues, cumulative figures for the entire project, etc. The Council went over the analysis. Mayor Prochaska stated that the report justifies adding reserves to the General Fund based on this development. Mrs. Pleckham stated that the Administration Committee recommended the acceptance of the report. This item was placed on the July 8, 2003 City Council meeting consent agenda. ADDITIONAL ECONOMIC DEVELOPMENT COMMITTEE Ordinance Amending City Code for R -4 General Residence District (Building Height Requirement) Alderman Sticka reported that this amendment is a clean -up item and brings the height requirement to 35 feet. This item was placed on the July 8, 2003 City Council meeting consent agenda. Building Permit Report for May 2003 Alderman Sticka reported that the Economic Development Committee approved the report. This item was placed on the July 8, 2003 City Council meeting consent agenda. Page 9of10 Ordinance Amending City Code for Historic Preservation of Structures within R -1 One - Family Residence District Attorney Kramer reported that this was a clean -up item to the ordinance to allow limited special use within the R -1 residential district in an effort to save historic buildings. This item was placed on the July 8, 2003 City Council meeting consent agenda. PUBLIC SAFETY COMMITTEE Monthly Police Reports for May 2003 Alderman Kot stated that the reports were reviewed by the Public Safety Committee and they recommend they move on to the City Council meeting. This item was placed on the July 8, 2003 City Council meeting consent agenda. Increasing Petty Cash Alderman Kot reported that Chief Martin has asked to increase the Police Department's petty cash account from $300.00 to $500.00. It was the consensus of the Council to approve the increase. ADDITIONAL ADMINISTRATION COMMITTEE Windett Ridge SSA Windett Ridge Public Infrastructure Agreement Raintree Village (f /k/a The Highlands) SSA Mrs. Pleckham stated that the S SA's and infrastructure agreement are still in draft form and Attorney Kramer is reviewing the documents. Mayor Prochaska asked Mrs. Pleckham to give an overview of the SSAs at the July 15, 2003 COW meeting. Attorney Kramer noted that since the public hearing for Raintree Village was held at the last City Council meeting, the ordinance to modify the name should be on the next City Council meeting agenda. The ordinance was placed on the July 8, 2003 City Council meeting consent agenda. Connection Fee Analysis for the Water Works System Alderman James reported that the analysis was given to the Council for their review and this will be brought back to July 15, 2003 COW meeting. PARK BOARD No report. ADDITIONAL BUSINESS Gated Parks Alderman Munns reported on a petition he heard was being circulated regarding gating parks after hours rather than chaining off the entrances. Administrator Graff stated that the petition may be for the Forest Preserve District. Alderman Munns stated that he would get more information on the petition. Page 10 of 10 Bonnie Lane Annexation Alderman Sticka inquired about the status of the Bonnie Lane annexation. Administrator Graff stated that residents of Bonnie Lane received a letter regarding radium compliance for their well and they would like to get into the City's water system. To do this, they need to annex however they have not met with Attorney Kramer regarding the annexation. Concrete Business on Route 47 Alderman James asked if the concrete plant on Route 47 planned to landscape the area. Administrator Graff stated that they have a temporary permit for the batch plant however the actual plant is required to have heavy landscaping and a cleaning system to keep dust down. The temporary permit is for one year. Minutes Mayor Prochaska stated that City Clerk Milschewski has asked if the Council wants to receive copies of all minutes. Currently they receive draft minutes and approved minutes. The Clerk's office proposes to develop a library of approved minutes for the Council to use. He noted that not every one gets committee minutes until they are approved and he asked if the Council still wanted to receive copies of these. The consensus of the Council was to save paper and start a library. Dumpster Ordinance Mayor Prochaska stated that he has had a few calls regarding dumpsters in commercial areas that are not covered allowing trash to blow out of them. He noted that at one time the Council was developing a dumpster ordinance and wanted to know if this should be revisited. He asked Administrator Graff and Attorney Kramer to look into this. Fourth of July Parade Mayor Prochaska reported that the staff is preparing a float with the new city sign to be pulled by a pick -up. Line -up begins at 7:30 A.M. with the parade beginning at 9:00 A.M. Mayor Prochaska asked anyone interested in participating to meet at the Public Works building at 7:30 A.M. Mayor Pro Tem Mayor Prochaska reported that he will be out of town at the next City Council meeting and noted Y P tY g that Alderman Sticka is the next person on the list for mayor pro tem. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into executive session for the purpose of the collective negotiation matters between public employers and their employees or representatives. He stated that no action would be taken after the session and asked that Attorney Kramer, City Treasurer Powell and minute taker Cindy Green be included in the session. So moved by Alderman Kot; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -5 Nays -0 Sticka -aye, Burd -aye, James -aye, Kot -aye, Munns -aye A five minute break was taken and the executive session was entered at 10:50 P.M. The Council returned to regular session and the COW meeting was adjourned at 12:00 A.M. Minutes taken by Cindy Green Transcribed by Jackie Milschewski, City Clerk I� COMMITTEE OF THE WHOLE GUEST LIST: DATE: W�,ho�v 4lK CA O n G, CCSc� v� Avj Lauv fl�lawY��