City Council Minutes 2001 11-08-01 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY
OF YORKVII..LE. KENDALL COUNTY, ILLINOIS, HELD IN THE CITY COUNCIL
CHAMBERS, 800 GAME. FARM ROAD, ON THURSDAY. NOVEMBER 8.2001.
Mayor Prochaska called the meeting to order at 7:02 p.m. and led the Council in the Pledge of
Allegiance_
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ROLL CALL
Clerk NOschewski called the roll.
- Ward I James Absent
Sticka Present
Ward II Burd Present
Kot Present
Ward III Anderson Present
Mans Present
Ward IV Besco Present
Spears Present
OUORUM
A quorum was established.
INTRODUCTION OF GUESTS
Mayor Prochaska welcomed guests, especially the Women of the Moose who were present and
asked those present to enter their name on the attendance sheet provided.
AMENDMENTS TO THE AGENDA
Alderman Kot tabled the acceptance of the Public Works Committee meeting minutes of October
15, 2001 to the next City Council meeting.
Mayor Prochaska moved the presentation of the Moose donation to the K-9 y .., to after
citizen comments.
Alderman Anderson tabled the acceptance of the Public Safety minutes of October 23, 2001.
COMMITTEE MEETING DATES
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Public Works Committee 6:30 P.M., Monday, November 19, 2001
City of Yorkville Conference Room
800 Game Farm Road
Economic Development Committee 7:00 P.M., Tuesday, November 20, 2001
City of Yorkville Conference Room
800 Game Farm Road
Public Safety Committee 6:30 P.M., Tuesday, November 27, 2001
City of Yorkville Conference Room
800 Game Farm Road
Administration Committee 6:30 P.M., Tuesday, November U, 2001
City of Yorkville Conference Room
800 Game Farm Road
CITIZEN COMMENTS:
None.
PRESENTATION:
Robbie Si and Mimi Gangestad, Women of the Moose, presented a check to Yorkville
i PoIice Officer, Dan Pleckham, in the amount of $500.00 for the care and feeding of canine
officer, Jumbo. They _presented Jumbo with a large rawhide bone. Both Officer Pleckham and
Jumbo expressed their thanks.
PLANNING COMMLSSIONMONING BOARD OF APPEALISIGN REVIEW BOARD
Mayor Prochaska reported that the second workshop and joint meeting of the boards was held.
They continued to look at the comprehensive plan. He stated that the next meeting/workshop
would be held in January 2002.
The Minutes of the Regular Meeting of the Citv Council - November 8, 2001 - Wage 2
MINUTES FOR APPROVAL
A motion was made by Alderman Anderson to accept and approve the City Council meeting,
minutes of October 25, 2001: seconded by Alderman Munns.
City Treasurer asked that the minutes reflect that the approval of the Annual Treasurer report was
at the request of the Treasurer.
Mayor Prochaska noted that he made the request of approval for Mr. Allen.
-- - Alderman Munns withdrew his second.
A motion was made by Alderman Anderson to accept and approve the City Council meeting,
minutes of October 25, 2041 as corrected: seconded by Alderman Besco.
Motion approved by a viva voce vote.
BILLS FOR APPROVAL
A motion was made by Alderwoman Spears to approve the bills from the bill list dated
November 6, 2001. Checks in the amount of $23,249.55(vendor) ($94,657.00 Insurance
Payment/Pending Approval), $83,083.6l(payroll period ending 11/03/01) total $106,333.16;
seconded by Alderman Munns.
Mayor Prochaska clarified that the total did not include the $94,657.00 insurance payment.
City Administrator Graff stated that the motion for the extension of the insurance contract
includes the payment amount
Motion approved by a roll call vote. Ayes -7 Nays -0
Besco -aye, Burd -aye, Kot -aye, Munns -aye, Sticka -aye, Spears -aye, Anderson -aye
REPORTS
ATTORNEY'S REPORT
No report_
MAYOR'S REPORT
November 29, 2001 Citv Council Meeting
Mayor Prochaska reminded the Council that the second City Council meeting for November
would be held the fifth Thursday of the mouth, November 29, 2001, due to the Thanksgiving
Holiday.
Water Department Award
Mayor Prochaska reported that the Water Department received a certificate of commendation
from the Illinois Department of Public Health in recognition of achieving a high standard of
compliance in accordance with the Illinois Fluoridation Act. This is the fourth consecutive year
to receive this award. The mayor complimented the Public Works and Water Department for
their hard work.
Kim King
Mayor Prochaska informed the Council that city employee Kim King lost both her husband's
parents in a car accident. He offered his condolences and commended her for coming in to the
office at the difficult time in order to get the necessary items done for the Council meeting.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
Treasurer Allen extended his condolences to Mrs. King and her family.
Treasure Allen requested a motion for the approval of the Monthly Treasurer's Report for
September 2001 as presented. So moved by Alderman Spears: seconded by Alderman Anderson.
Motion approved by a roll call vote. Ayes -7 Nays -0
Munns -aye, Spears -aye, Sticka -aye, Anderson -aye, Besco -aye, Burd -aye, Kot -aye,
The Minutes of the Regular Meeting of the Citv Council - November 8, 2001 - Aage 3
CITY ADMINISTRATOR'S REPORT
Blackberry Creek
Administrator Tony Graff stated that he would be attending the Blackberry Creek Watershed
meeting on Tuesday, November 13, 2001 in Kane County.
DIRECTOR OF PUBLIC WORKS REPORT
Administrator Graff presented the report for Eric Dhuse who was unable to attend the meeting.
Beecher Water Main
The construction of the Beecher field water main started on Monday, November 5, 2001. The
project is within cost and should be completed in the next week.
Leaf Pickup
There will be a leaf pickup beginning November 13, 2001. Waste Management agreed to extend
the pickup to include three days before Thanksgiving.
Hvdrant Flushing
Hydrant flushing was completed on October 27, 2001 and the next one will be in the spring.
Street Department
The Street Department is preparing the trucks for the upcoming winter. They have ordered salt
and they have reviewed the snow plan.
Parks Department
The Parks Department has completed the sidewalk project around Beecher Center.
Water Department
The Water Department has had three main breaks in the past two weeks. This is due to the
combination of the change in the season and flushing the mains in the older section of the City.
CHIEF OF POLICE REPORT
No report
CONUVIUNITY & LIAISON REPORT
No report
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OLD BUSINESS
None.
NEW BUSINESS
None.
COMMITTEE REPORTS
Mayor Prochaska reminded everyone that there wasn't a quorum at the November 1, 2001
Council of the Whole meeting so some discussion would be needed on items on the agenda
tonight before a vote is taken.
PUBLIC WORKS COMMITTEE REPORT
Minutes for Approval
A motion was made by Alderman Kot to table the Public Works Committee meeting minutes for
October 15, 2001; seconded by Alderman Besco.
Motion approved by a viva voce vote.
Fox & Morgan Sanitary Sewer Extension
Alderman Kot reported that this item was brought up at the COW meeting for discussion and not
at the Public Works Committee meeting. He stated that Mr. Timothy Dyer, present at the
meeting, was seeking to build on a lot on the northeast corner of Fox Road and Morgan Street
(508 Morgan Street) and needs to access the sanitary sewer. Alderman Kot stated that there is a
manhole across Morgan Street, however this connection does not meet the city's current
standards. In addition to this, Morgan Street was recently repaved and the city prefers not to dig
up the street. The city staff recommended that Mr. Dyer connect to the sewer east of his property.
This line runs up to 401 Fox Road where a home at that location is presently on a septic system.
The city is proposing to pay 50% of the cost to extend the sewer line and recapture the cost if and
when 401 Fox Road connects to the system. Alderman Kot stated that the city still did not have
The Minutes of the ReLyular Meetine of the Citv Council - November 8, 2001- nacre 4
cost figures for the extension. He stated that the motion is to approve the extension and the city's
proposal to pay a portion of the cost.
A motion was made by Alderman Kot to approve the sanitary sewer extension for 508 Morgan
Street with property owner Timothy Dyer and the United City of Yorkville will pay 50% of the
project that equals the recapture amount for the property at 401 Fox Road; seconded by Alderman
Anderson.
Mr. Dyer addressed the Council. He stated that he bought the lot to build a home for himself. He
- is a civil engineer and when he looked at the lot, he saw the sanitary pipe across Morgan Street.
He looked into the manhole and saw it was shallow but since other connections were there he
thought he could connect to it. Upon requesting permission to connect the sewer line, he was
informed that the city code states that the pipe needs to be three feet under ground and his did not
comply with this. In addition he would have to cut into Morgan Street to access the sewer line,
which the city objected to. He stated that connections currently in the manhole have only two -
feet, six - inches of soil covering them. He said that while he understands that the city is proposing
to pay 50% of the cost of the extension of the sewer line, he is doubling his cost because he is
unable to access the sewer across Morgan Street. The sewer line east of his lot is 192 feet from
his property and across the residence at 401 Fox Road whereas the connection across Morgan
Street is 64 feet away. He estimated that he now has unexpected costs of about $14,000.00 even
with the 50% payment the city proposed. His original estimate to access the Morgan Street
manhole was about $5,000.00. Mr. Dyer stated that the city will receive revenue from his Home
and 401 Fox when they tie in to the sewer and he would like for the city to bear more of the cost.
The City .Council proceeded with an extensive discussion regarding this matter.
Administrator Graff stated that City Engineer, Joe Wyrot, suggested the city pay 50% (25% for
each homeowner) because of the extra length involved in accessing the sewer line to the east. Mr.
Wyrot estimated the total cost of the project at around $21,000.00; both property owners could
incur 50% of that. The policy in the past has been that any on sight improvements are the burden
of the homeowner or developer. The residents at 401 Fax Road may want to abandon their septic
field and connect to the .city sewer because they are interested in building a garage in the future.
If and when this happens, the city would recapture their cost. Mr. Wyrot also felt that
undercutting the new road to connect to the west could cause repair problems in the future.
Several options to the proposed motion were presented. Mayor Prochaska suggested that the
matter proceed with a cost analysis. He recommended that estimates be obtained for connecting
Mr. Dyer's property to the manhole west across Morgan Street, including street repair. Another
estimate would be for connecting 401 W. Fox Street to the nearest manhole to the east. The
estimated cost for the nearest connections would be the property owner's responsibility. The city
would pay the balance. This formula could strengthen the Council's decisions in the future in the
event that this comes up again because there would be a precedent.
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Administrator Graff made several suggestions. He suggested that a mediator might be helpful in
resolving the problem. This suggestion would have a third party review the situation and
recommend a solution. He also suggested that Mr. Dyer could apply for a variance in order to
connect to the sewer line across Morgan Street since there is only slight difference between the
city standard and his line. Another option would be for the city to waive the connection fee along
with the 50%.
Mr. Dyer suggested that he could raise the elevation of his front yard 6 inches to fulfill the 3 -foot
depth requirement.
Several members of the Council voiced their concerns in passing this motion.
Mayor Prochaska cautioned the Council that they could be setting a precedent because there are a
number of areas in Yorkville that have both city sewer and septic. if they vote for this, any
individuals buying lots without water and city sewer could petition the Council for
reimbursement for connection and then all the citizens of Yorkville would be paying for these
homes. The mayor stated that whatever the Council decided, a policy needed to be created that
they will be comfortable enforcing for other residents. The mayor was concerned that the lot was
sold without having a sewer line to the- property, which is normally required. This problem
should have been addressed before the lot was sold.
Alderman Sticka voiced his concern that the city had worked hard to set standards and they
should not be ignored just because they conflict with someone's interest He was also concerned
about cutting into a new street. He felt that as the proposal stands it would give the city the
The Minutes of the Regular Meeting of the Citv Council - November S. 2001- page 5
opportunity to recover, through recapture, all the money that it would spend. He felt that if the
cost analysis method was used, it could end up costing the city more. He felt that city would be
out money forever if it would pay for more than 50 % of the cost. He also questioned if there was
money in the budget for this (the Mayor and Mr. Graff stated there were firods available in the
Sanitary Sewer Expansion Fund). Alderman Sticks stated that he would rather see the sewer
connection fee waived but the then the city should not pay any additional cost.
Alderman Munns agreed the cost analysis would give the Council a formula to work with in the
future. He also did not feel that the connection fee should be waived and the city pay 50 %. He
questioned why this matter did not go through committee and was informed that it was brought to
the Committee of the Whole before the Public Works Committee because Mr. Dyer wanted to
start construction as soon as possible. Alderman Munn also stated that he would rather have the
city pay a portion and see Mr. Dyer use the manhole to the east in an effort to preserve the road.
Alder Burd stated that even if Mr. Dyer raised the grade of his lot; the manhole itself is
not up to the current standards. She was concerned about cutting into a new road and stated that
she felt the non - compliance along with the road cut should prevent him from getting a variance or
accessing the sewer line at that location. She stated that a variance should not be granted if it is
detrimental to the city.
After much discussion, Alderman Anderson withdrew is second on the motion; Alderman Kot
withdrew the motion_
Mayor Prochaska entertained a new motion to approve the sanitary sewer extension for 508
Morgan Street with the following conditions: An engineering estimate will be made for the
extension of the sewer to the west (the nearest manhole) figuring what the actual total cost of the
extension would be. That amount will be credited for the extension of the sewer to the east, An
engineering estimate will be made for 401 W. Fox Road for sewer connections to the nearest
connection point. That amount will be recorded as the recaptured amount. The city Attorney will
be instructed to draw up the proper documentation. Whatever difference there is between the two
estimates and the actual cost will be borne by the city subject to the City Engineer's approval of
invoices of the actual cost and legal review. So moved by Alderman Kot, seconded by
Alderwoman Spears.
Alderman Sticka stated that the Council would be voting on an unknown amount and he could not
vote on this. He said that all this discussion was for one individual benefit to build one house and
that this should have gone through Committee. He was very uncomfortable voting on this
motion.
Alderman Kot agreed with Alderman Sticka that this was just for Mr. Dyer's benefit and he asked
what would it hurt to move this to the next Council meeting.
This was agreed upon and Mayor Prochaska rescinded the motion he entertained. He stated that
the next Public Works Committee meeting was November 19, 2001 and at that time all the dollar
amounts would need to be set. The mayor asked Mr. Dyer to have the engineer's estimate for the
cost of runnin to the west. The estimate for 401 W. Fox Road would be needed. These
estimates would need to be approved by Mr. Wyrot before the meeting. Mr. Dyer agreed to this.
South Water Tower Fence Proposal
Alderman Kot explained that this project was part of the city's ongoing process of reviewing
security for the city's facilities. Because the south water tower did not have a fence around it,
Alderman Kot asked the Director of Public Works, Eric Dhuse, to get three estimates. He
received an estimate from First Fence Inc. of Elmhurst for $4162.00. The company president is a
resident of Yorkville. There are funds in the water fund.
A motion was made by Alderman Kot to approve the costs for the south water tower fence project
in an amount not to exceed $4,200.00: seconded by Alderman Sticka-
Alderman Sticka asked how tali the fence would be and Alderman Kot said the estimate was for a
- six -foot fence with a ten: -foot gate for vehicles and a three -foot man gate.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
Minutes for Approval
A motion was made by Alderman Sticka to accept the Economic Development Committee
meeting minutes from October 16, 2001 as presented: seconded by Alderwoman Burd.
Motion approved by a viva voce vote.
The Minutes of the Regular Meeting of the Citv Council - November 8, 2001- page 6
August Building Department Report
A motion was made by Alderman Sticka to accept the August Building Department Report as
presented: seconded by Alderwoman Burd.
Motion approved by a viva voce vote.
PUBLIC SAFETY COMMITTEE REPORT
September Police Department Report
A motion was made by Alderman Anderson to accept the September Monthly Police Report as
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presented: seconded by Alderman Munns.
Motion approved by a viva voce vote.
ADMINISTRATION COMMITTEE REPORT
YBSD Plant Expansion Permit Fees
A motion was made by Alderwoman Spears to waive the building permit fees for the
Administration Office of the Yorkville Bristol Sanitary District with the exception of any
material/equipment cost incurred by the city: seconded by Alderman Anderson.
Mayor Prochaska commented that this what the city has historically done with other ta xing, bodies
related to the city.
Alderman Sticka asked that since the Yorkville Building Inspector is a private business would he
be doing the inspections on this project and how will he recover his fees? Administrator Graff
stated that he would be waiving his fees.
Motion approved by a roll call vote. Ayes -7 Nays -0
Anderson-aye, Besco -aye, Burd -aye, Kot -aye, Munns -aye, Spears -aye, Sticka-aye
Citv Council Meeting Date Chan
A motion was made by Alderwoman Spears to change the current City Council meeting day from
the second and fourth Thursday of the month to the second and fourth Tuesday of the month and
change the Committee of the Whole meeting day from the first and third Thursday of the month
to the first and third Tuesday of the month beginning in January 2002. Furthermore, to authorize
the City Attorney to draft the required Ordinance reflecting the change of the meeting day:
seconded by Alderman Sticka.
Alderwoman Spears commented that this change had been discussed at length at various meetings
and everyone should be aware of why this is being changed. She stated that by changing the
dates the Council would be able to get information on time and be able to work with other
government bodies that would provide information.
Mayor Prochaska asked if the motion should include that this change would be subject to review
in one year.
Alderman Anderson commented that as a Council, they had the power to review and change the
dates.
Mayor Prochaska commented that if it were stated that the Council would review this in a year,
then the Council would remember to review the dates before the calendar is set for 2003.
Alderman Munns asked Alderman Sticka to remind everyone why the meetings were on
Thursdays. Alderman Sticka stated that former Mayor Elden Madden told the Council that
businesses in Yorkville were closed on Thursdays so it was thought people would be available to
attend the meetings.
Motion approved by a roll call vote. Ayes -7 Nays-0
Besco -aye, Burd -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye, Anderson-aye
Renewal of Insurance Contract with IMLRMA
A motion was made by Alderwoman Spears to approve the annual renewal of the insurance
contract with the Illinois Municipal League Risk Management Association (IMLRMA) at a cost
of $94,657.00: seconded by Alderman Sticka.
Mayor Prochaska stated that the city was getting a 2% reduction in the policy fee amount for
turning this in early.
The Minutes of the ReLyuiar Meeting of the Citv Council - November S. 2001 - nage 7
Motion approved by a roll call vote. _Ayes-7 Nays -0
Kot -aye, Munnaye, Spears -aye, Sticka -aye, Anderson -aye, Besco -aye, Burd -aye
(Ordinance} 200-1 -52 Attthorizinq_� Executiow of IMLRMA Agreement
A motion was made by Alderwoman Spears to approve the Ordinance authorizing the execution
of the Illinois Municipal League .Risk Management Association Minimum/Maximum
Contribution Agreement as presented: seconded by Alderman -Mums.
Motion approved by a roll call vote. Ayes -7 Nays -0
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B ur -a ye, Kot -aye, Munn -aye, Spears -aye, Sticka -aye, Anderson -aye, Besco -aye
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ADDITIONAL BUSINESS
Alderman Munns asked about the status of Wireless Yorkville. Administrator Graff stated that
the city is waiting for the Illinois Century Network (ICN) to hold their policy meeting on
November 14, 2001. They are reviewing two other concepts similar to the one proposed by Chris
Rollins of Yorkville Wireless. ICN will respond back to the city after they get a policy direction.
At that time, they will review the plan with Chris Rollins and the city staff.
ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Sticka: seconded by
Alderman Besco.
Motion approved by a viva voce vote.
Meeting adjourned at 8:45 P.M.
Minutes submitted by:
Jacquelyn Milschewski, City Clerk
City of Yorkville, Illinois
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November 8, 2001
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