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COW Minutes 2000 08-17-00 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE MEETING MINUTES AUGUST 17, 2000 I Attendees: Mayor Prochaska Rich Sticka Tom Sowinski Mike Anderson Larry Kot Dave Dockstader I Jim Nanninga Joe Wywrot Dan Kramer J.T. Johnson Tony Graff Bob Allen I PC 9905 CANNONBALL ESTATES - FINAL PLAT Mr. Wywrot stated that this had been reviewed at Plan Commission and the only issue was an increase to the sideyard set -back. The Plat is fine, there is one off -site easement and the neighbor, Mr. Gilbert has agreed to grant the easement so long as it is for storm sewers only. The sidewalk on Faxon will require an agreement before the Unit 2 is developed. Alderman Sowinski asked if Mr. Norton was aware of the issue. Mr. Wywrot stated he was, and that this is for future sidewalk west of Faxon, west of the Cannonball Estates Entrance. Mr. Wywrot recommends this go to City Council for consideration. PC 2000 -13 INLAND - LANDMARK CENTER: REZONING OF 1.465 ACRES Greg Gabel on behalf of the petitioner stated that Inland has a potential buyer to develop this commercial piece and their plan requires a little more room at this curve of the roadway. They are requesting that the R -3 be extended and re -zoned to B -3. Mayor Prochaska stated that considering what is there he didn't see a problem with this request. Chairman Sticka stated that this seem to him to be of benefit to the City and asked if anyone had any comments on the subject. Chairman Sticka recommended this go to COW. PC 2.000 -14 JA_N_F OLSON ANNEXATION & REZONING Gregg Ingemunson on behalf of the petitioner stated this is the parcel at the northeast corner of Route #34 and Eldamain and he would be happy to field any questions the committee may have. Mayor Prochaska stated this was a very narrow strip of land about 500 feet deep where they are asking for B -3 zoning. He had asked Attorney Kramer to contact the adjacent owner, Mr. Hamman and see what his objections were. At Plan Commission Attorney Kramer had indicated that B -3 was appropriate for this parcel and didn't feel there was a need to do anything special for this parcel. Chairman Sticka stated that there is no reason to not allow B -3 on this corner. 1 Mr. Ingemunson stated his client, Mr. Mark Savitski wants to put a Carstar type body shop there, and felt it was a natural for this corner. Mayor Porchaska stated that the building that is on the property is non - conforming, but any new building would be required to conform. Mayor Prochaska stated this could go to City Council for consideration. Mr. Ingemunson stated he would be out of town, but his client would attend. MILL STREET SIDEWALK J.T. Johnson stated the City has been trying to work out a way to install the City sidewalk along Mill Street before school starts. Cindy Heckelsberg is here tonight so we can try to come to an agreement. She has bushes and trees along the Mill Street and objects to their removal. We have moved the sidewalk as far into the ROW as possible, and have offered new bushes, moving the bushes and none of this is satisfactory to her. Ms. Heckelsberg stated they are large trees and installing a sidewalk will cut into their roots, an din a couple of years the trees will die, and she did not want to bear the expense of having to take them down. The Lilac buses are 30 to 40 years old and provide a natural screen that she prefers over fencing, additionally loosing trees affects the property value. Alderman Kot asked J.T. if we have had this kind of situation before. 1 J.T. Johnson stated that we had not. This is the first time a private individual has offered to provide sidewalk. Mayor Prochaska stated that the City had made a trade off to get this sidewalk installed at no cost to the tax payers to benefit, and for the safety of the children who walk along here to school. Alderman Kot asked if we could make arrangements to replace them if they die. i Ms. Heckelsberg stated that she had fought to keep these trees when ComEd wanted them taken out, there is no easement on her side of the road, and they moved the poles to the other side of the road. J.T. Johnson stated that in fact that is the reason the sidewalk has to run on this side, there are telephone poles on the opposite side of the street. Alderman Sowinski stated that the City will work with her, but the City has the ROW. J.T. Johnson stated that they would stay as far away as they could, but they would have to cut these bushes straight up to put in the sidewalk. They need to be re -done. Avoiding the trees by moving any farther would involve the culvert and would add $3000. to $4000. to the cost of the sidewalk installation. We will be putting a flared end section on the culvert pipe for better safety anyway. 2 i Mayor Prochaska stated that replacing the bushes is not a problem. We will replace the bushes, but get the sidewalk out as far as possible. Alderman Sticka stated that no one wants to intentionally go in and cause problems. Alderman Kot stated that there is an over - riding public safety issue, we need to go in and do as little damage as possible. Mayor Porchaska stated there are some trees in this area that have other problems. J.T. Stated Ms. Heckelsberg had wanted a guarantee that they won't damage the life of the trees. There is no way to know that. These trees are Green Ash and could be at the end of their life expectancy anyway. Alderman Kot asked Attorney Kramer if he had seen situations like this. Attorney Kramer stated that all you can do is agree to replace then trees if they die in the next year, and since you can't get trees as large, perhaps replace with two smaller trees. Mayor Prochaska stated that there would have to be a time limit. J.T. Johnson stated you would see signs of a dying tree within one year. Mr. Wywrot stated that in Sugar Grove they had this problem and they agreed that if the tree died for any reason within 2 years they would replace it. I Mayor Porchaska stated the City would then take the trees down. Mayor Prochaska stated the City will take down the trees if they die, and replace them with like species of a 3" diameter if they die within three (3) years. This is not something the City would normally do, but in this case they will. Attorney Kramer stated he would draw up and agreement. J.T. Johnson stated that he had talked to an arborist. I Mayor Prochaska stated the City will replace the trees if they die within 3 years. City will remove dead trees, replace with 3" similar species. Ms. Heckelsberg asked about the shrubs. Mayor Prochaska asked J.T. if the shrubs were in the right -of -way. i J.T. Johnson stated the shrubs are in the City ROW. 3 I Mayor Prochaska stated that the City doesn't normally replace anything in the ROW, but in this case they would be replaced. Alderman Kot agreed that the City should replace the shrubs as a good will gesture. Alderman Sticka stated the new shrubs would not provide the privacy that is there now. Mayor Prochaska stated they would have to be planted farther back than they are now, and asked what variety is there now. J.T., Johnson stated there are 8 to 10 bushed of mixed Bridal Wreath, Lilac and Honeysuckle. It will take a few years for the privacy to develop. Mayor Prochaska stated that if the City replaces them the homeowner should plant them, since they were in the ROW. Ms. Heckelsberg stated since she is single she had no one to plant the shrubs. Alderman Sticka stated that the City is trying hard, and that replacement is the best that we can do. Mr. McNelis got angry and asked how long Alderman Sticka had lived in Yorkville. Alderman Sticka stated 8 years. Mr. McNelis stated that made him just newcomer. Mayor Prochaska stated that was enough, he wouldn't have anymore of these comments. J.T. Johnson stated that he would start tomorrow. Mayor Prochaska stated he would like every effort made to get this done before school starts. i COUNTRYSIDE PARKWAY SANITARY SEWER FINANCING Mayor Prochaska stated that Kevin McKenna from Speer Financial had been at a previous Administration meeting to discuss the financing through Alternate Revenue Bonds, and introduced Barbara Chevalier also with Speer Financial. Ms. Chevalier stated that these are General Obligation Bonds which would be filed with the Kendall County Clerk. Mayor Prochaska stated the source of payment is designated as being from Menards sales tax. Ms. Chevalier stated that the City can publish, wait 30 days, make an evaluation and go into the Bond Market. 4 I I i Mayor Prochaska stated the City had agreed that they would not pass a resolution until Menards has broken ground for construction. Mr. Nanninga had put together a set of charts. Mr. Nanninga stated that Menards expects 35 million in sales the first year with an estimated minimum of 10% to 12% increase with a 15% increase expected per each following year. Mayor Prochaska stated that no action would be taken by City Council until Menards gets started. The resolution should be prepared and ready so everyone has an opportunity to review and get ready for passage when the time comes. Alderman Anderson stated that the Council had previously talked about getting the money and depositing it a little early to make some interest. Mayor Prochaska stated that they had discussed this with Kevin McKenna. Ms. Chevalier stated that the City can take advantage of this and make a little extra in interest. Mayor Prochaska asked Ms. Chevalier to get everything in order and waiting for Menards to be ready, and thanked her for coming tonight. WORKPLACE HARASSMENT Alderman Kot stated that this was presented by Public Safety at the last COW and it was discussed and decided that this should be made a Citywide policy with corrections to the text to reflect this. Chief Graff stated they have added the necessary "City Administrator" and "Department Heads" where applicable to make this a Citywide policy. They have kept the City Attorney as an alternate for employees to be able to go to someone outside of the office environment, as recommended if they have a harassment complaint. One thing they have left in, is in regard to a formal complaint, where the Chief of Police would approach the harasser. In an different case an intermediary was involved. In a formalized action there should be one person to approach the harasser, and this could be the Chief or another person. i Mayor Prochaska asked if we have a form for this. Chief Graff stated we have a form for a formal complaint. Alderman Anderson asked how this would work with a union employee. Chief Graff stated that they are offered the right of refusal if criminal. If it is not criminal, they cannot refuse. i Mayor Prochaska asked for a clause to respond within 10 days. i Alderman Kot stated that with Tony in that roll, he didn't have a problem. 5 i Attorney Kramer stated that you must have an alternative. He had an opportunity to look at a case today, and you cannot make the immediate supervisor the only one for someone to go to with this kind of problem. Mayor Prochaksa stated that if the City Attorney is the alternate, what would happen if we went to court. This would dis -allow him from serving the City. Better to make it Mr. Nanninga or Chief Graff. Mayor Prochaska asked that this be cleaned up on some of the language for Citywide wording. Resolution to City Council for adoption. ADDITIONAL BUSINESS BUILDING DEPT. REPORTS Mayor Prochaska stated we had Building Department Reports for April, May, June and July that should go to City Council for acceptance. SHORT TERM PARKING FOR DOWNTOWN DISCUSSION Mayor Prochaska stated that it has been brought to our attention that the downtown municipal lot has people parking for the full day. We are considering limiting the length of time you can park there. 4 Alderman Sticka stated that he is about people taking up too much of the space available there during the day. Some business owners have indicated that 2 hour parking during day time hours would be a good solution. Chief Graff stated he would have some officers go out and speak to the businesses and take a survey of sorts to get some feedback. He would report on this at Public Safety next Tuesday. Alderman Sowinski asked that he do this as soon as possible since we need to get this item resolved. Mayor Prochaska stated we would like to get this passed at the first City Council in September. I Alderman Sowinski asked if anyone had approached Ameritech about the parking situation. McHugh ROAD SURFACING COMPLAINT Alderman Anderson stated he had received a complaint about the road surfacing over near McHugh. Mr. Wywrot stated that the roadway was swept today and that is what it takes in the beginning. It will take a month or two for it to look normal. We did pass out letters to all the residents about our plans. This is a gradual process. I 6 i HUMAN RESOURCES COMMISSION Mayor Prochaska stated that there are 3 members who's term has expired, Wanda Ohare, Sylvia Kurtz and Diane Lento - Reidy. They have all agreed to another term and this should be on the agenda for City Council on 8/24/00. ECONOMIC DEVELOPMENT CORPORATION Mayor Prochaska stated the EDC Co -op has offered the EDC Director position to Lynn Dubichek and she has accepted. She has a background in Marketing and is familiar with the local business climate and knows many of the business people as she is local and has worked locally with these people. She will start August 28, 2000. Mayor Prochaska stated he planned to ask her to come to City Council and address the Council. CHICAGO AREA TRANSPORTATION: C.A.T.S: Mayor Prochaska stated that the C.A.T.S. group will have a public hearing in Joliet on 8/22/00. There will be other locations if interested the Mayor has a list. LETTER FROM NUCLEAR SAFETY DEPARTMENT Mayor Prochaska stated he received a letter regarding the development of a dump for low level radioactive waste management site. There will be three public hearings should you want to attends. Mr. Nanninga and Mr. Wywrot should investigate this to see what the plans are. SKATE PARK Chief Graff stated that the park will probably not open Saturday due to the rain we have had they are not quite ready. If we don't get more rain they will get things cleaned up and will probably i be ready to open for Tuesday or Wednesday. They are waiting for Ameritech to move some lines for them, and then they can finish the parking lot. Alderman Dockstader asked if we had staffing in place. 3 Chief Graff stated yes, Sue Swithin has all that done, or at least has passed out flyers. Alderman Dockstader asked about a list of rules. Chief Graff stated they would have a list of rules and possibly some training for staff people. Mayor Prochaska stated that all staff working there should receive training. Chief Graff stated that Operations were under the direction of Sue Swithin. Mayor Prochaska asked that full gear be required for all skaters. Adjourned: 8:35 P.M. Minutes by Sandy Marker 7 i UNITED CITY OF YORKVILLE GUEST SIGN IN SHEET COMMITTEE OF THE WHOLE MEETING THURSDAY, AUGUST 17, 2000 NAME (PLEASE PRINT!) REPRESENTING PHONE R$ R L A h} �v/�� re.�, � Pee f- �10 �, k �3 �> 3 ,6.3 yoo MJc�A��, C V f� A c �.� � 6 2Z