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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_ i 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 I 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 i 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. �I 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 i 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 - B ur -a ye, Kot -aye, Munn -aye, Spears -aye, Sticka -aye, Anderson -aye, Besco -aye i 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 j' I . y ' CITY COUNCIL MEETING November 8, 2001 PLEASE SIGN IN! NAME: 1 a ADDRESS: U qs U moo/ 23 SIGNIN