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COW Minutes 2003 05-06-03 Page 1 of 10 ZWk ° ROVED BY ,t'i'p.' � }lXi�'�CIL UNITED CITY OF YORKVILLE C' COMMITTEE OF THE WHOLE MAY 6, 2003 7:00 P.M. MEMBERS PRESENT: Mayor Art Prochaska Alderman Mike Anderson Alderman Joe Besco Alderman Paul James Alderman Larry Kot Alderman Munns Alderwoman Rose Spears Alderman Richard Sticka City Clerk Jackie Milschewski City Treasurer Bob Allen (left at 8:45) CITY STAFF PRESENT: City Administrator Tony Graff City Attorney Kelly Kramer Police Chief Harold Martin City Attorney Dan Kramer (arrived 8:15) Finance Director Traci Pleckham Public Works Director Eric Dhuse Director of Parks & Recreation Laura Brown GUESTS: See attached list. OLD BUSINESS City P Hall/Police Department Bid Award & Construction Schedule with Finance Plan As requested at the April 15, 2003 Committee of the Whole (COW) meeting, staff researched a back -up plan for the financing of the building renovation. Finance Director Pleckham contacted local banks which recommended a construction loan for one year with no prepayment penalty. Administrator Graff stated that the City will be getting around $300,000.00 in funds without the Moser property. The cost for the project is estimated at $750,000.00 to $800,000.00. Finance Director Pleckham's recommendation is for the City to get a construction loan in the amount of approximately $525,000.00. The loan is not a line of open credit that can be drawn upon when needed The whole amount is given the City but can be prepaid as annexations are done and payment from developers is received. The monthly payment had not been determined because the exact amount of the loan needed has not been determined. This will be determined once bids for the project are received. Ms. Pleckham noted that the minimum payment would be interest only and due quarterly. Mr. Graff estimated the interest payment at around $25,000.00 and stated that if new development does not develop as planned there are funds in the budget under contingency to pay this. The loan may not even be needed if the payments come in before the funds are needed. Bids are scheduled to be awarded at the May 13, 2003 City Council meeting and the first payouts probably won't be until July 2003. There are funds available for this first payout without the loan. The awarding of the bids was placed on the agenda for the May 13, 2003 City Council meeting. Page 2,of 10 NEW BUSINESS Geographic Information Study (GIS) — EEI Proposal Requests for Proposals were sent to five consultants. Four responded however the staff narrowed it down to two firms, Engineering Enterprises, Inc. (EEI) and Walter Deuchler & Assoc. After making presentations to the Public Works Committee, EEI was selected. Funds for the study are in the budget. City Attorney Dan Kramer did not have a chance to review the contract yet. This item was placed on the May 13, 2003 City Council meeting consent agenda pending legal review. Caledonia Subdivision and Fisher Property — EEI Review Service Proposals The engineering review for these projects has been turned over to EEI by the City Engineer Joe Wywrot. The contracts are similar to those used before in similar circumstances. Both properties are along the Rob Roy Creek and involved in the Rob Roy Creek flood plain that EEI is working on and both developers have agreed to this. This item was placed on the May 13, 2003 City Council meeting consent agenda. PC 200206 Westbury Village - Annexation and Rezone Mr. Graff reported that the developer has resubmitted their plans since the Plan Commission meeting and the Economic Development Committee (EDC) meeting. Mike Schoppe was unable to get a written report to the Council however he spoke with Mr. Graff and Alderman Sticka. Mr. Schoppe stated that the developer has now complied with the Comprehensive Land Use Plan and the concept plan meets all of Mr. Schoppe's recommendations. The multifamily area has been removed and the lot sizes have been increased to 12,000 square feet and 10,000 square feet backing up to open space. There are approximately 40 -50 lots that are 10,000 square feet. Mr. Graff stated that the annexation agreement should be done by May 8, 2003 with a public hearing on May 27, 2003 at the City Council meeting. The developer's attorney, Sanford Stein, is currently working with Attorney Kramer on the annexation agreement. Alderman Sticka stated that at the EDC meeting it was discussed that the development abuts a composting operation. The concern was expressed that the City would not want future residents objecting to odors from the operation. At the EDC meeting the developer made assurances that the purchasers of the property would be made aware of the composting business. Attorney Kramer stated that there would be language similar to the right to farm language placed on the plat. Mayor Prochaska requested that this is specified on the plat. The Council further discussed the composting operation and the possibility that it would only be in business for another year due to the rezoning of the area. Alderman Sticka also noted that there is an asphalt plant in the area and this probably also should be noted. Page 3 of 10 Alderman Sticka noted that the engineering was not done on the detention areas and Mr. $choppe informed him that if detention requires more space the developer may lose some lots. The annexation agreement was placed on the May 20, 2003 COW meeting for review before the public hearing scheduled May 27, 2003. Ordinance Amending Liquor Control Ordinance Alderman Anderson reported that this item had been through the Public Safety Committee (PSC). The owners of Vine & Vat Liquors were in attendance because they caught that the City did not incorporate their liquor license class in the ordinance change regarding sampling and /or tasting. The ordinance has now been revised with their input. The revision is to Title 3, Chapter 3, Article 4, section (B) which covers things such as the number f e o bottles can be out for a tasting, of times per week a sampling b b g� p p $ Y e held, samples /tastes are limited to beer, wine and liquors, sampleshastes are limited to four ounces or less, etc. The amendment also allows the establishment to apply to the Liquor Commissioner for a variance for a special event. The ordinance was recommended for approval by the PSC. Alderman Sticka noted that the sampling/tasting for beer and wine is limited to 4 ounces. There is no quantity given to a sampling of liquor. Attorney Kramer stated that the original ordinance specified a 2 ounce sample. The owners of Vine & Vat noted that their samplings are % to 1 ounce. Attorney Kramer stated she would make a change to the ordinance to state that a sample of liquor will not exceed one ounce. Alderman Anderson thanked the owners of Vat & Vine for their input and they thanked the Council for considering the changes. This item was placed on the May 13, 2003 City Council meeting consent agenda. New County Office Building — Update Administrator Graff stated that the Mayor received a letter dated March 27, 2003 from Jeff Wilkins the Kendall County Administrator requesting that the City waive any fees or permits needed for the new county office building. This was previously discussed at the April 15, 2003 COW meeting were the Council agreed to waive the fees except for any out of pocket cost the City might incur. In consideration for waiving the fees, the City would like to acquire a right of way (ROW) of 50 feet on the west section of the county complex for a future roadway. Mr. Graff sent this information to Mr. Wilkins in an April 18, 2003 memo. Mr. Wilkins replied with a May 3, 2003 letter to Mr. Graff listing four provisions that the county would like to have with regards to the ROW acquisition. Three of the provisions are acceptable however provision (b) stating that the county has no current or future obligation to build or pay for the future roadway is a concern. If the roadway was constructed it would be half on their complex so Mr. Graff did not think the City would want to waive this consideration. Page 4 of 10 The Council discussed the provision and Mayor Prochaska suggested that the statement remain however add "unless the county request the roadway ". It was decided to have Attorney Kramer come back to the council with some language the Council would be more comfortable with. Alderwoman Spears noted that on the bill list there is a charge from Schoppe design for review of the county building. She asked if the county was going to reimburse the city for this. Mr. Graff stated that the city was not asking for reimbursement because it requested Mr. Schoppe do the review in connection with another project. On another note, Mayor Prochaska advised the Council that he was meeting with John Church with Kendall County regarding the old jail. He has been doing research regarding financial sponsors for the building and possible uses. He noted that no city funds were or will be budgeted to purchase the building. He stated he would keep the Council advised about the status of the building. This item will be brought to the May 20, 2003 COW meeting if Attorney Kramer can coordinate with the State's Attorney regarding the language change by that time. Skate Park — New Life Church Alderman James and Executive Director of Parks & Recreation Brown reported that in February 23, 2003 the owner of Parfection Park, Inc. notified the Park & Recreation Department that the rent for the skate park was being increased to $500.00 /month beginning February 1, 2003. Also, if the City chooses to vacate the skate park, the property must be restored to its original state and the rent would be assessed until this was done. Attorney Kramer noted that the City's lease is not up until August 2003.This increase would bring the operating cost to approximately $13,000.00 /year. New Life Church has expressed an interest in obtaining the skate park equipment to add to their equipment on their site on Cannonball Trail. In exchange for the equipment, the church will dismantle the park, move the building to Beecher Park and assist in the restoration of Parfection Park and the skate park would be open to the public at the church site for one year free of charge. The value of the equipment at the time of purchase (July 2000) was $44,337.58. The Park Board approved the proposal and is now asking the City Council's approval, Alderman James noted that a question has arisen regarding this only being offered to one source instead of getting bids from other interested parties. The Council discussed comments from other clergy, the City retaining the equipment and moving it to another location or storing it for future use, any possible violation of donation agreements (grant documents indicated that after three years of operation the equipment would be the City's), Parfection Park purchasing the equipment (they are not interested), if the cost of removal and restoration of the site is a fair price for the equipment, and the City's part in the restoration of Parfection Park (disconnecting the electric, plumbing, signs, etc). After some discussion, Mr. Graff commented that in the past the City has advertised for bids on surplus property. He suggested that the skate park be handled in the same Page 5 of 10 manner and ask for cash or in lieu of cash the bidder would have to remove the equipment and assist in restoring the property to its original state. The Council agreed to this. Direction was given to staff to go out to bid as soon as possible and bring the results back to COW. Parks Capital Ms. Brown reported that there is a carry over of funds in the parks capital line item. Scott Sleezer with the Parks Department has asked to purchase a new pickup truck. He would like to go out to bid on a 2003 two wheel drive basic pickup for an amount not to exceed $15,000.00. The Park Board has recommended that this proceed to the City Council. The Council approved for Mr. Sleezer to go out to bid. The final purchase price will be brought back to COW. Text Amendment — Special Use R1- Antique Store Alderman Sticka reported that he just received the rewritten amendment today and he had questions about it. The amendment will allow antique stores in older structures such as old farm houses. Attorney Kramer stated that she needed to talk to Building Inspector Bill Dettmer as to how to classify and/or determine what an historic structure is. Alderman Sticks asked that this item be sent back to the Economic Development Committee (EDC) on May 15, 2003. PC 2003 -02 — Green Rezone of 9818 Route 71 This item is related to the previous one and was also sent back to EDC's May 15, 2003 meeting. Text Amendment for R2 Zoning regarding Lot Area Coverage Alderman Sticks reported that this was brought to the City's attention by the Building Department. The current ordinance is extremely restrictive compared to other communities in terms in the amount of lot coverage. The United City of Yorkville is allowing 20% and it was recommended that this be increased to 30% which is in line with other communities. Mayor Prochaska explained that roof coverage on a 12,000 square foot lot at 20% is 2,400 square feet. If a house is originally built with this roof coverage, no additions such as a covered deck or sunroom can be added. The Council agreed to the amendment so this item was sent on to a public hearing at a City Council meeting. Monthly Police Reports for March 2003 Alderman Anderson reported that the reports were reviewed by the Public Safety Committee and they recommend that they move forward. This item was placed on the May 13, 2003 City Council meeting consent agenda. Page 6 of 10 Tax Increment Financing (TIF) Redevelopment Study and Plan Proposal Mayor Prochaska reported that the City has received a request from the owners of Countryside Shopping Center to have a study done in order to determine if the center meets the requirements for a TIF. Mayor Prochaska indicated that he would like to use the firm that the City has used in the past to make this determination however it will be at the owner's expense. There is no risk or obligation to the City. The Council discussed TIF districts and the benefits to the City. Mr. Graff explained that in a TIF District a portion of the owner's tax bill is used to pay off the TIF bond. The funds from the TIF bond are used for public improvements to the project. So the developer will be paying for the public improvements through his taxes. The Council agreed to allow the study. This item was placed on the May 13, 2003 City Council meeting consent agenda. Fox Logo for North Water Tower Site Mayor Prochaska showed the Council examples of logos for the water tower. They agreed to use a logo similar to what is currently of the existing towers as recommended by Chicago Bridge and Iron. Fox River Study Group Alderman Besco reported that the Fox River Study Group is seeking support from the city to continue the Fox River Watershed Investigation which is developing measures to protect the quality of the river's water. They are asking that the United City of Yorkville contribute $.25 /capita to fund the study or $1,550.00. The group does not have an interest in the dam. As Yorkville is the last test station of the study, the Council agreed it was important to participate in the study in order to see what others are adding to the River at their locations and the effects on Yorkville. This item was placed on the May 13, 2003 City Council meeting consent agenda. Mill/Van Emmon Watermain — License Agreement for Crossing Illinois RailNet Tracks Alderman Besco reported that an agreement is needed with Illinois RailNet for the watermain that will cross under their tracks. The license and administration fees total $5,550.00. The agreement has not been reviewed by Attorney Kramer. This item was placed on the May 13, 2003 City Council meeting consent agenda pending legal review. Water Report for January 2003 Alderman Besco reported that the reports were reviewed by the Public Works Committee and they recommend that they move forward. Page 7 of 10 This item was placed on the May 13, 2003 City Council meeting consent agenda. Bruell Street Pump station — Design Engineering Services Alderman Besco reported that Walter E. Deuchler Associates, Inc. have presented an engineering agreement in the amount of $294,000.00 for the proposed Bruell Street Pump Station. This was reviewed and recommended by the Public Works Committee. This item was placed on the May 13, 2003 City Council meeting consent agenda pending legal review. City Hall Parking Lot — Results of Bid Opening Alderman Besco reported that S &K Excavating & Trucking, Inc. came in with the low bid at $82,899.66. They are a local company and the school district has also used them in the past with good results. The bid came in lower than City Engineer Joe Wywrot's estimate. This item was placed on the May 13, 2003 City Council meeting consent agenda. Countryside Interceptor Engineering Agreement Amendment Mr. Graff reported that it was recommended by Deuchler to extend the sewer to the west of Blackberry Creek so that it will be out of the creek corridor. This will eliminate the need to address environmental issues when the Rob Roy Creek interceptor is built. The amendment is for $13,000.00 for design engineering only. This item was placed on the May 13, 2003 City Council meeting consent agenda. Sunflower Estates Phase 2 - Bond Reduction Alderman Besco reported that this is for a large bond reduction however the developer has not asked for one before. Mr. Wywrot and the Public Works Committee recommend the reduction. This item was placed on the May 13, 2003 City Council meeting consent agenda. Yorkville Road Program — Supplemental to Original Contract with Smith Engineering Mr. Graff reported that there needs to be a supplemental engineering agreement with Smith Engineering because of the addition of three more streets to the Road Program. The increase in cost is $8,433.00 and the funds are available for the supplemental charges. This item was placed on the May 13, 2003 City Council meeting consent agenda. Purchase of Vehicle for Executive Director of Parks & Recreation Mayor Prochaska reported that there is a shortage of vehicles for the Parks & Recreation Department. When Executive Director of Parks & Recreation Brown was hired, part of her employment agreement was the use of a car during office hours. The funds are Page 8 of 10 available. The bid information was not available for the council but Mr. Graff stated that it was approximately $17, 500.00 for a vehicle similar to his. There was some discussion clarifying that the vehicle would only be used for business and about the color. Alderman Besco suggested keeping the city's vehicles the same color. This item was placed on the May 13, 2003 City Council meeting regular agenda. Well Control Repair Director of Public Works Eric Dhuse reported that the water tower monitoring control on the south tower has broken and there are no parts available to fix it. It can be replaced with something that will work with the new system being proposed by EEI which is a radio frequency based system which costs $16,494 for the component and installation. Funds are available for this in the Water Fund. A less expensive control can be used but is not a radio frequency system. The radio system eliminates the need for a dedicated telephone line. This item was placed on the May 13, 2003 City Council meeting regular agenda. Fox Hill Subdivision — Hold Harmless Agreement Alderman James reported that this was discussed at the Park Board. City staff became aware of three homeowners in the Fox Hill Subdivision who have placed playground equipment and/or plantings on public park property. Letters were sent to the residents notifying them that they have to remove the property within 30 days however Attorney Kramer stated that license agreements were drafted allowing the residents to maintain the playground and plantings on the City's property until such time as the City gives them 30 day notice to remove them. The agreements are not transferable so when the property is sold, the equipment and plantings have to be removed. There is also a hold harmless provision in each agreement whereby the property owners hold the City harmless if something would happen on the playground equipment or if something happens to the plantings. There was discussion on removing the plantings after a certain period of time; removing trees could be costly. Mayor Prochaska suggested including language stating the plantings can stay but if they die, they may not be replaced. Attorney Kramer stated that this was addressed in the agreements. The Council discussed how this was a unique situation because all the properties are neighbors and were told by the developer that the area was open space and they could do what they did. Also discussed was adding a maximum amount of time that the playground equipment and/or plantings could stay on the City's property. The Council decided on three years. The Council discussed how to address this if this should arise in the future. Mayor Prochaska suggested that the plats reflect that the property abuts City property so there isn't any confusion. Alderman Besco suggested putting information regarding this in the City's newsletter. COMMITTEE OF THE WHOLE MEETING May 6, 2003 PLEASE PRINT NAME: ADDRESS: f P�04*) - <�; 6-rr, , �P- 3 V '6ecA Co kj Nec s - SIGNIN