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COW Minutes 2002 10-01-02 Page 1 of 9 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE OCTOBER 1, 2002 7:00 P.M. !_' ( ) s `N & ' H. j �''� a • � l • 03 MEMBERS PRESENT: Mayor Art Prochaska Alderman Larry Kot Alderman Paul James Alderwoman Rose Spears Alderman Richard Sticka Alderman Marty Munns Alderman Joe Besco Alderwoman Val Burd Alderman Mike Anderson City Treasurer Bob Allen i CITY STAFF PRESENT: City Administrator Tony Graff Public Works Director Eric Dhuse Police Chief Harold Martin Director of Parks & Recreation Brown Attorney Dan Kramer GUESTS: See attached list. NEW BUSINESS i PC 2002 -18 Spang — Rezone of 691 N. Bridge Street PC 2002 -19 Peterson — Rezone of 609 N. Bridge Street Alderman Sticka reported that the rezoning of theses properties from R -2 One Family Residence to B -1 Limited Business District was discussed by the Plan Commission where they were unanimously approved. The only concern the Plan Commission had was access to Route 47 and it was suggested that the property owners work cooperatively to minimize access to Route 47. The Economic Development Committee (EDC) discussed the rezonings and was in favor of them. They recommended that it move forward. He noted that there has been no public comment for or against the rezoning. Mayor Prochaska discussed an architectural overlay district for the future that would apply specific standards in an effort to maintain the residential character on buildings rezoned such as this. The overlay would protect the area from being bulldozed and strip malls being constructed. He noted that he has asked the staff to review if this would work for Yorkville. Alderman Sticka, asked how this would apply to the properties on the agenda tonight. City Attorney Kramer stated that the zoning would remain business but there would be architectural standards that would govern future tear downs. The Council discussed how this would mesh with the City's architectural standards. Mayor Prochaska asked Attorney Kramer if the rezonings are approved, would the City be establishing a commercial area. Attorney Kramer stated that yes but there are general policy statements in the City's comprehensive plan that say that this can be done along major collector roads. Page 2 of 9 There were no further comments or questions. Both items were placed on the October 8, 2002 City Council agenda for consideration. PC 2002 -12 Kylyn's Ridge — Annexation, Zoning and Preliminary Plan Alderman Sticka reported that this item was also discussed by the Plan Commission and the EDC and was approved by both committees. The only concern was High Ridge Lane which runs north and south and was thought to be a collector street. Staff and the developer have arrived at a compromise width of thirty -three feet which is three feet wider than a standard street. Parking will be restricted to one side only but it hasn't been determined which side it will be. Administration Graff confirmed that the City Engineer approved the thirty -three foot width and the road will be considered a residential minor collector. Mayor Prochaska asked if the side of the street without parking should be stated in the annexation agreement. Attorney Kramer noted that if this is not included in the agreement, a separate ordinance prohibiting parking will have to be passed later. He suggested determining this now and writing it into the agreement. The developer stated that they also would prefer this information in the agreement. Mr. Graff stated that it would be hard to track this parking prohibition because annexation agreements are not codified. Mayor Prochaska agreed that there should probably be a separate parking ordinance so that it is included in the City's code book for future reference. He asked if verbiage could be included in the agreement stating that an ordinance prohibiting parking should to be passed within a certain time limit after the adoption of the final plat. Attorney Kramer stated that this could be done and the developer agreed. Alderman Kot asked if the street naming policy would apply to this development. The Council discussed if a list of names had been complied yet. Attorney Kramer stated that street name changes could be done on the final plat and excluded from the preliminary plat. Mayor Prochaska noted that the Council still had not seen the annexation agreement. It was decided that if a final draft of the agreement could be available for City Council packets by Friday, October 4, 2002, this item would be placed on the October 8, 2002 City Council agenda for consideration. River Crossing South Sanitary Interceptor Sewer — Finance Proposal by Wyndham Deerpoint & Wiseman — Hughes Administrator Graff reported that he wrote a report dated September 26, 2002 outlining the updated version of the proposal from the EDC meeting. He stated that the language of the agreement was cleaned up and made more specific and that the developer has agreed to the numbers presented in the report. He stated that the issue is the cost of the proposed sanitary line which if built to the recommendations from Walter E. Deuchler and Associates will ultimately encompass 7500 acres and cost approximately $5 million. The Yorkville- Bristol Sanitary District (YBSD) position is that they will not go into recapture and it is the City's position to develop a recapture agreement. Using City Engineer Joe Wywrot's formula for recapture, the developer's possibilities of receiving Page 3 of 9 their recapture dollars would be twenty -plus years for the total build out. The City normally likes to see recaptures paid back in a reasonable amount of time. He stated that there are two questions on the table. Is the City Council in support of the sanitary sewer utility plan for the cost of the river crossing and the Hydraulic Street line to Route 47 and if the Council is in favor of this, how will it be financed. He recommended a meeting with the YBSD Board to figure out the financing of the project. Mr. Graff went over the breakdown of the finance costs listed in his memo and stated that the developers are willing to contribute $3 million of the cost, some of this being fee credits. He also pointed out that Speer Financial was contacted regarding the financing of the project. They determined that if the City finances the $2,025,000.00 project themselves the annual payment would be $161,500.00 for a 20 -year revenue bond. With an Illinois Environmental Protection Agency (IEPA) loan the payment would be $130,125.00 annually but there is no guarantee that the City would get an IEPA loan. Kevin McCanna stated that a revenue stream such as future sales tax or current sales tax could be applied to this loan. Alderman Sticka commented that it was discussed at EDC why would the City want to do this. He stated that the size of the sewer determines the southern boundary of Yorkville but not necessarily the end of development in the area. Yorkville could go to a certain point but more than likely someone else will develop the southern area. He stated that the question is does the City want to achieve the Route 47 /Caton Farm Road intersection for commercial for the City of Yorkville. The EDC thought this was a desirable goal. Mayor D d the are a or Prochaska noted that the interceptor will be owned b the S an Y P Y Y separate body. He stated that the end of the sanitary line does not determine the end of Yorkville but rather the end of the YBSD. Just because YBSD will be able to service the area down to Caton Farm Road does not necessarily mean that this area will be part of Yorkville. Alderman Sticks stated that the EDC also recommended a meeting with the YBSD to discuss their position on the sanitary line. He stated that he does not understand how they collect an infrastructure fee that they do not use to build infrastructure. Mr. Graff stated that Attorney John Phillipchuck representing Wiseman- Hughes asked Ralph Pfister of the YBSD at a Plan Council meeting if they could pre -zone like Fox Metro Sanitary District does. By doing this, when the fees start to come in they are directly credited toward a particular zone for building infrastructure. Mr. Pfister stated that the position his Board has taken is not to create zones. Mr. Pfister noted that zones cross counties and cities and usually follow the interceptor's service area. Mr. Graff thought that since Yorkville has a river crossing, two zones could be created; one north of the river and the other south of the river. Mayor Prochaska clarified that funds collected on the south side of the river would be applied specifically to the building of infrastructure on the south side of the river and the same on the north side. Page 4 of 9 Mayor Prochaska agreed that the City sit down with the YBSD to discuss an intergovernmental agreement regarding the sanitary sewer to outline ownership, maintenance, population equivalent, etc. He asked Mr. Graff to set schedule a meeting with YBSD and asked if any one from the Council would like to volunteer to sit in on the meeting. Alderman Sticka volunteered. The Council went on to discuss future boundary discussions with Joliet; future developments affecting the YBSD; how this project is delaying developers; the affect on the new school being built by Circle Center, etc. Mr. Graff stated that he would keep the Council updated. Land Cash Proposal Alderwoman Spears distributed a copy of the proposal for valuation services from Thompson Appraisals for the purpose of updating and establishing a new land /cash impact fee. She stated that the proposal had been reviewed by the Administration Committee and the funds are in the budget under Contractual Services. Attorney Kramer explained that until recently Kendall County ordinances directed that the Kendall County Supervisor of Assessment would determine the land/cash value. There has been direction from the States' Attorney's office that this is not part of their statutory duties. Attorney Kramer recommended Thompson Appraisal because they have performed this service for several other communities (such as Oswego) and this is a unique form of assessment that will be done. The assessment has to be done properly in order to stand up to any possible court challenge. He recommended that an assessment be updated regularly for example in two -year cycles. Mayor Prochaska noted that the City has been using the figure ($45,000.00 /acre) determined by the County and used countywide. He stated that in the best interest of the citizens, the City should determine if the City is due more for it's land. Alderman James clarified that if the land/cash assessment increases, developers will be putting more into the City's land cash funds that will be used for the schools and parks. This will not affect developers who have had their final plat approved already but will increase contributions from those who have not gotten approval yet. The Council was in favor of the proposal. This item was placed on the October 8, 2002 City Council agenda for consideration and Mayor Prochaska noted that it would need a 2/3's vote to pass. Ordinance Establishing the Office of Executive Director of Parks and Recreation Alderwoman Spears reported that the Administration Committee discussed the ordinance and Attorney Kramer reviewed it. Attorney Kramer noted that a policy statement regarding the director's duties was discussed and would be developed between the City Council and Park Board. Mayor Prochaska stated that this is a "clean -up" ordinance to keep this position consistent with others in the City such as the Finance Director. Everyone was in agreement with the ordinance. This item was placed on the October 8, 2002 City Council agenda for consideration. Page 5 of 9 OLD BUSINESS Weather Warning Siren Ordinance Administrator Graff reported that staff recreated the ordinance formula and Police Chief Harold Martin and City Engineer Joe Wywrot ran a demonstration test to back up the documentation of the cost increase. The original formula had a base cost plus a cost per acre which doesn't cover the actual siren cost. It has been determined to apply a flat $75.00 /acre fee. The sirens cover approximately 540 acres with a fifteen to twenty percent overlap of acreage. Anyone annexing into the City will pay this toward the installation of weather warning sirens and the City be responsible for having the sirens installed. Alderman Kot asked it this applied to both residential and business developments. He noted that a distinction is made to residential in the fourth paragraph but later in the document is states "all future developments ". He asked if this should be clarified. He also asked what constitutes a development; even a half acre lot? It was decided to change the verbiage to state "territories" instead of developments or annexations. Also discussed was to charge the fee upon approval of the final plat. Everyone was in agreement with the changes. It was decided to have the document revised to reflect the changes and if this was done by October 4, 2002 it would be on the October 8, 2002 City Council agenda for approval. ADDITIONAL NEW BUSINESS I Architectural Standards Route 34/Route 47 Business Corridor Alderman Sticka reported that the EDC reviewed a milder version of this which suggested certain architectural standards. The Committee felt that if there is to be an ordinance for architectural standards it should require things to be done. Based on this the draft ordinance was rewritten. He noted that the COW agenda referred to the Route34/Route 47 business corridor but he felt that this should be applied citywide. Mr. Graff stated that Building Inspector /Code Official Bill Dettmer discussed having an appeal process. Mr. Dettmer discussed this with the Fagade Committee and they agreed to hear any appeals or request for modifications and report their recommendation to the City Council. Item IV was added to the draft to indicate this process. The Council discussed the authority the ordinance gives to the Fagade Committee. It was decided that that Item IV would be modified to read that the Fagade Committee will make a recommendation to the City Council for consideration. Alderman Sticka stated that there is urgency to get this ordinance in place and it may need to be retuned if needed as it is applied. Mayor Prochaska recommended asking the Chamber of Commerce for business input. The Council discussed building material guidelines and types of construction such as pole buildings; maintaining property values by instituting criteria for appearance and maintenance and the fact that the draft addressed landscaping and site treatment and the City already has a landscape ordinance. It was noted that Item 13 on page 4 states that all Page 6 of 9 other ordinances which affect appearance shall be part of the criteria of the landscape section. Mayor Prochaska recommended making the changes suggested and passing the draft to the Chamber of Commerce and the Yorkville Economic Development Corporation for business input. This item will be brought back to a COW meeting. William's Architect's Contract for City Hall/Police Department Mr. Graff stated that this item was reviewed by the Administration Committee and there were some concerns. The Committee discussed if Williams should be allowed to manage the construction or if the staff should do it. Alderwoman Spears noted that staff was going to evaluate the cost to perform all the different duties. Also, the Committee wanted the staff to review the contract and provide a recommendation. Mr. Graff stated that the cost difference is $18,000.00 and the staff recommended it would be more beneficial to have Williams Architects manage the project. The financing of the project was discussed. There is $250,000.00 in loan proceeds in the budget for the build out of the lower level. Mr. Graff stated that the possibility of refinancing the current debt on the building and adding the renovation costs was discussed with Kevin McCanna from Speer Financial. Mr. McCanna is investigating options which he will discuss with the Administration Committee. Alderman Kot asked that if by committing to the contract was the City committing to the project. Mr. Graff stated that the contract covered just the architectural process because the construction portion will go out to bid. Alderman Kot was concerned with the City borrowing money for all the upcoming projects such as the sewer and street projects. He felt that the Council should prioritize what is important to the community. Mayor Prochaska explained that the acceptance of the contract is committing to the architectural plans. The construction will then go to bid and if the bids are not acceptable or too high the project will be rejected. City Treasurer Allen questioned Item 1.3.7.9 on page 9 of the contract regarding the reimbursement of the architect's attorney's fee if the agreement should be assigned to another party at the request of the owner. Attorney Kramer stated that he reviewed the contract and there are a few items that he is not comfortable with. He will be sending a memo to the Council regarding these. He recommended that the members of the Council read the contract and contact him with any concerns. He noted that the architect is using a standard American Institute of Architects (AIA) contract that needs to be refined. Alderman James questioned how the City knows it is meeting the projected income from revenue streams. Mr. Graff noted that this is reported in the budget and treasurer report and the six month budget review. Also, it is Finance Director Pleckham's task to monitor this. Page 7 of 9 Mr. Graff stated that he would have a legal and finance review of the contract before it goes any further. He stated that he would contact Kevin McCanna regarding the finance figures and have them available for the Administration Committee. GASB 34 Project Implementation Proposal Alderwoman Spears reported on a letter from FPT &W dated September 10, 2002 that was sent to Mrs. Pleckham. This letter was discussed at the Administration Committee 1 meeting. The fee for the service will range from $42,380.00 to $55,640.00. The goal for the City is to have this implemented by the end of the fiscal year ending April 30, 2004. There was a concern whether FPT &W would accept partial paying or full payment after the fiscal year. Mr. Graff stated that the auditors (FPT &W — in another role) have stated that if the services are committed in the fiscal year, they should be audited for that fiscal year. The firm feels that the project will be done in this fiscal year however payment might not be made until July or August of 2003. After all was said and done, they stated that the City could pay them in July of 2003. He recommended that this item be brought before the City Council when funding is identified. The Council agreed. Resolution Establishing who can Accept Election Petitions Mr. Graff stated that this item was initiated by City Clerk Milschewski based on information she received at the Illinois Municipal League Conference. The information was sent to Attorney Kramer who stated that he will format a resolution stating that in the absence of the City Clerk the Deputy Clerk can accept petitions. He stated that the primary reason for this is to due to the increase is election petition challenges. This item was placed on the October 8, 2002 City Council agenda for approval if the resolution is prepared by October 4, 2002. July and August Water Reports Alderman Kot reported that these were reviewed by the Public Works Committee (PWC). He noted that the water use in August dropped off considerably. There were no other comments or questions. This item was placed on the October 8, 2002 City Council agenda for approval. Five Year Capital Improvement Program Alderman Kot reported that this was reviewed by the PWC and he referred to a September 24, 2002 memo from Joe Wywrot. He noted that this is driven by the City's major projects such as the water tower and radium issue. He discussed the Blackberry Creek Interceptor /Alternative Project and the Street improvement Project. He stated that the Street Project was phased out more than he would like it to be but since the cost of the project hasn't been determined, the Committee agreed to leave it as it is. He stated that this is not voted on but reviewed by the Council and put on record. Page 8 of 9 Walnut Street Final Balancin g Change a Order This item was also discussed by the PWC and there was a September 18, 2002 memo regarding the change order. There was an increase of approximately $4,700.00 due to the deterioration of the existing payment, landscaping restoration, etc. There is money in the budget to cover the change. There were no comments from the Council. This item was placed on the October 8, 2002 City Council agenda for approval. i May, June, July Building Permit Report Mr. Graff stated that the reports have been revised since being presented at the EDC meeting. There were no comments or questions from the Council. This item was placed on the October 8, 2002 City Council agenda for approval. Monthly Police Reports for August 2002 The reports were reviewed by the Public Safety Committee (PSC) and were approved. The enforcement of overweight trucks was discussed and Alderman James stated that the PSC discussed the hiring of a new officer in January 2003 which would free up the truck enforcement officer. Alderman Anderson stated that the lull in activity in this area was due to man power shortages. There were no further comments or questions from the Council. This item was placed on the October 8, 2002 City Council agenda for approval. Halloween Trick or Treat Hours Mayor Prochaska stated that after receiving several calls at City Hall regarding the trick or treat hours, Deputy Clerk D'Anna researched what the hours were last year. She found they were 4:00 P.M. to 7:00 P.M and these hours got printed. She sent her apologies and stated that she did not mean to overstep her bounds. Agreement between the Salvation Army Golden Diner's Nutrition Program and the United City of Yorkville Mayor Prochaska stated that this is basically the same agreement that the City has had with the in the past. He stated that he took this to the Park Board for their review. Alderwoman Spears found an error on page 1, item 2 the 30the should be the 30` On page 2 Item 4, line three should read "between the hours of 7:00 a.m. and 2:30 p.m." and on page 4 under the Mayor's signature line Yorkville is incorrectly spelled. There were not further comments or questions. This item was placed on the October 8, 2002 City Council agenda for approval. ADDITIONAL BUSINESS Waubansee Referendum Alderman Munns asked if the support for the referendum was going to be discussed. Mayor Prochaska stated that it was decided to bring it back to the City Council for Page 9 of 9 approval. Alderman Sticka questioned if it was legitimate for the college to be promoting the referendum in this way. Alderwoman Burd stated that the college can inform the Council about the referendum but they can not ask for a vote for it. Storm Water and Mill Street Repairs Alderwoman Burd asked about the storm sewer on Mill and Hydraulic which is not draining properly. Public Works Director Dhuse stated that it will be replaced hopefully by November. She also asked about the patch on Mill Street by the Fox Mill Landing entrance is. Mr. Dhuse stated that Mr. Wywrot has been in contact with the developer in an effort to get this repaired. Annual Financial Statement Treasurer Allen noted that he missed the Administration Committee meeting and was wondering if the Annual Financial Statement would be on the agenda. Mr. Graff stated that Treasurer Allen should have received a memo regarding this. It will be on the October 22, 2002 City Council meeting agenda. Homecoming Mayor Prochaska reported that the City Council has been invited to participate in the Yorkville High School Homecoming Parade. The parade will start at 10:30 a.m. and the Mayor stated that he was going to walk in the parade and invited the Council to join him. There was no further additional business. The meeting was adjourned at approximately 9:30 P.M. Minutes submitted by Cindy Green and transcribed by Jackie Milschewski, City Clerk CITY OF YORKVILLE COMMITTEE OF THE WHOLE DATE: -Ile jfe W/ 64,c)4 l/� �G 4' Gu e (7a rd