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COW Minutes 2002 09-03-02 I Page 1 of i-YPRON ED BI 0111' COUNCII ON a•as o3 CITY OF YORKVILLE COMMITTEE OF THE WHOLE September 3, 2002 - 7:00 PM MEMBERS PRESENT: Mayor Arthur F. Prochaska, Jr. Alderman Larry Kot Alderman Rose Ann Spears Alderman Richard Sticka Alderman Paul James Alderman Joe Besco Alderman Mike Anderson Alderman Valerie Burd City Administrator Tony Graff Attorney Da Kramer Police Chief Martin Treasurer Robert Allen Dir. Finance raci Pleckham Dir. Public Works Dhuse Cindy Green Guests: See Public Hearings: Compensatory Storage Ordinance — This item will be returning to the COW meeting on September 17. Presentations: NONE Alderman Burd noted that the Aurora Tourism Council Contract was not on the agenda for discussion. City Administrator stated that the contract needed to be reviewed at Administration Committee and that it was placed on the Administration Committee agenda. Old Business: Cable Consortium/AT&T- Ordinance Enacting Cable Communications This ordinance would allow for any cable company to come in and operate a cable business within the City of Yorkville. It contains the service standards, land restoration, insurance indemnification, etc. Franchise Agreement (TCI) -15 year agreement. This agreement does contain the verbiage for review of technology improvements. Alderman Kot noted concern with the 15 -year term. It was noted that the 15 -year contract is standard to re -coup the investment (capital costs) of equipment. At any time a public hearing can be held with regards to issues with service and programming. There is also a revocation clause placed in the agreement. Intergovernmental Agreement (with WCC) for Cable Access Studio -Who sets policies and procedures. It was stated that Consortium and that the college is part of that. The signature page needs to reflect the City Clerk. Resolution to Approve Funding of Public Access and Government Programming- Payment would be due after the first of the year. These 4 items are to be placed on the September 10 council agenda. Comprehensive Plan2oning Issues Final Draft -There was an update made to the verbiage of the transitional zoning and also for the future development area. There is also additional cleanup for the Prairie Parkway that is needed. There is also a small changed needed to the map draft. Alderman Kot would like to see some form of verbiage that the City of Yorkville is not trying to get any landowner to sell out or change the zoning of any farm property. Attorney Kramer also stated that the City of Yorkville has never forced anyone to annex into the City of Yorkville. Attorney Kramer also stated that the Comprehensive Plan is just that a generalized plan, a guideline for future development areas. This plan is revised on a regular basis to keep with the growth of the City. It was also noted that the comprehensive plan area along route 47 shows low density residential zoning; however, there are commercial businesses located there. This item will be placed on the September 10 council agenda. Letters of Credit Resolution -There are a lot of changes that still need to be made and Attorney Kramer asked that this item be returned to the September 17 COW agenda. Corland's Lease Agreement -The agreement needs to be updated with the closing date. This item will also be placed on the September 17 COW agenda. Page 2 of 3 Brisben Development Agreement -The agreement has been distributed with minor language upgrades. City Administrator feels that the agreement will come back with signatures. This item will be placed on the September 10 council agenda. Northgate Annexation Agreement -There are 4 specific policy issues that need to be reviewed. They are the approval of septic systems vs. sewer if sewer is unavailable when the property is developed. Attorney would feel comfortable with septic on the commercial zoning only. This would be subject to the approval of the Kendall County Board of Health Department. It was also suggested that there be a time limit for the commercial units to hook onto the sewer after it becomes available. The second policy issue was with regards to water improvements. The developer were to construct water improvements, they would like to be not charged for any water connection fees and would like to be also credited interest. It was noted that this is not a policy that the City has set up. The suggestion should be made to the developer that if they wish to be reimbursed for any fees that it could be applied for through recapture fees. The third issue, the developer would like to have the chance to prepay the transaction fee at $3,000 for each unit in case the City decides to raise the transition fee. The developer always has the option to prepay any fees when a final plat has been approved. The fourth item has to do with storm water, with regards to the FEMA map issue. With an engineering study, there may be reason to make a change to a FEMA map revision. The developer would like to have authority to start building on a piece of property, where a map revision has been submitted, but not granted by FEMA. Attorney Kramer does not feel comfortable with this issue. He would prefer not to become involved with this there is too much liability. It was felt that there are too many issues to be completed before this can be approved. This item will be returned to COW on September 17. Radian Asset Assurance Inc. Agreement/Resolution- Radian is the insurance company that insures the City bonds. They would like to receive notice if there are any amendments made to the bond ordinance. The resolution would give notice to Radian when changes were being made. This item will be placed on the September 10 council agenda. New Business: Woodworth Estates Phase 3 /Acceptance of Public Improvements -City Engineer Joe Wywrot recommended that it be accepted contingent on two issues, streetlights and street name signs. Public Works Director Dhuse stated that streetlights have not been addressed and that the street name signs are not in. It was recommended that this item only be accepted with subject to completion of the streetlights and street sign issues. This item will be placed on the September 10 council agenda contingent on the completion of these items. Prairie Gardens /Letter of Credit Reduction -City Engineer Wywrot has recommended that this issue be placed on the September 10 council agenda. Cannonball Estates Phase 1 /Letter of Credit Reduction #3- City Engineer Wywrot has recommended that this issue be placed on the September 10 council agenda. Cannonball Estates Phase 2 11-etter of Credit Reduction #2- City Engineer Wywrot has recommended that this issue be placed on the September 10 council agenda. White Oak Unit 411-etter of Credit -City Engineer Wywrot has recommended that this issue be placed on the September 10 council agenda. Preliminary engineering for 2002 Road Program with Revised Smith Proposal Alderman Kot asked the alderman to submit names of streets that are in need of repairs and maintenance. Alderman Kot would like to move ahead with the engineering portion of the project started. There is $50,000 budgeted for this item. The engineering costs are estimated at $29,479. Mayor Prochaska noted that if the engineering were completed, that when funding is made available, these streets would be ready to be added to a project list. Alderman Kot suggested that the total be looked at for costs and maybe do a bond to finance this issue. Alderman Besco raised an issue with regards to the amount of soil borings. Page 3 of 3 City Treasurer Allen interjected with a comment with regards to borrowing money to pay for the road repairs. Yes, he stated that he would like to see the repairs made, but discouraged the borrowing of money to repair them. This item will be placed on the September 10 council agenda. 2002 Crack - filling program /Update proposed recommendation -There is not any action that can be done with this item and will be put off until such appropriate time and money are there. 2002 Monthly Police Reports are recommended to be placed on the September 10 council agenda for approval. I Weather Warning Siren Ordinance -This item has been distributed for review. A fee structure is necessary for future development and the costs necessary to keep the program current. It was also noted that the siren area needs to be verified on coverage. This item is to be returned to the September 17 COW meeting. Parking Ordinance -This item has been distributed for review with regards to the 2 -inch snow ban. This item will be returned to the September 17 COW meeting. Additional Business: Alderman James had concerns with a pothole on Mill St? Mr. Dhuse stated that it had been filled. Alderman Burd stated that she would be attending a meeting on September 10 for the Prairie Parkway. She asked for any comments from the council that they would like presented at the meeting. Mayor Prochaska noted that the YEDC was holding their annual meeting on September 20. If any alderman wish to attend, please see Holly for reservations. Mayor Prochaska noted that the IML meeting was next week and he wanted to be sure that everyone was registered. Mayor Prochaska stated that there would be a 9 -11 ceremony next Wednesday at 6:00 PM. City Administrator Graff noted that there would be a presentation from the Auditors at the September 17 COW meeting. Information would be distributed at the next council meeting. Police Chief Martin noted 2 new recruits will graduate Friday. The meeting adjourned at 10 :10 PM. Respectfully submitted by Cindy Green