COW Minutes 2004 11-02-04 Page 1 of 18
APPROVED 11/23/04
UNITED CITY OF YORKVILLE
COMMITTEE OF THE WHOLE MEETING
TUESDAY, NOVEMBER 2 2004
7:00 PM
Council Chambers & City Hall Conference Room
Council Members in Attendance:
Mayor Prochaska
Alderman Besco
Alderman Sticka
Alderman Kot
Alderwoman Ohare
Alderwoman Burd
Alderwoman Spears
Alderman Munns
Non- Council/City Staff in Attendance:
City Administrator Tony Graff
City Attorney Kelly Kramer
City Treasurer William Powell
Executive Director Parks & Rec Laura Brown
Director Public Works Eric Dhuse
Finance Director Tracy Pleckham
Police Chief Harold Martin
Attorney at Law John Wyeth
Other Guests: Please see sign in sheet.
The Meeting was called to order at 7 :00 pm by Mayor Prochaska in the Council
Chambers. Mayor Prochaska informed all those present that the meeting would begin
with item #1 from the Mayor's Report (Countryside center Open Space - Neighborhood
Meeting 8/30/2004) due to the volume of Public that has shown to hear the discussion on
this item. Mayor Prochaska at this time also asked all present to please sign in to register
attendance.
Mavor:
1. Countryside Center Open Space Neighborhood Meeting 8/30/2004:
Mayor Prochaska pointed out that both Kelly Kramer (City Attorney) and John
Wyeth (Attorney at Law) would be updating the Committee and the Public as to
where the City stands.
Kelly Kramer took the floor first stating that staff had met with a couple of the
owner's representatives from a group in Countryside who got together after the
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neighborhood meeting and had some recommendations for the open space
internally and the open space around the creek. They also met with some of the
Attorneys who have filed Adverse Possession Claims against the current owner of
the property and the current owners of the property Attorneys. She went on to
state that after looking into the adverse possession claims, they most likely are
very viable and so it is staff position that the City should except the title to the
property, subject to the Adverse Possession Claims and therefore will investigate
into doing a land swap with those owners. One of the owner's with the claim has
an unclear legal description and it shows that they even own into the pond. Kelly
Kramer stated that the major item discussed was for the City to draft a
conservation easement so none of that property could be built upon. They are in
the process of looking into what encroachments are on the internal open space
along with the creek side too. She stated that John Wyeth and she will be drafting
that conservation easement so that nothing will be built. At this time Kelly
Kramer asked if there are any questions.
Alderman Sticka asked what will happen if the City does not want to accept title
to that property. Kelly Kramer responded that the Property Owner will be forced
to defend the Adverse Possession Claims and the Home Owners have already
indicated that they are not interested in forming a Home Owners Association to
take title to the property. Kelly Kramer stated then if neither of the parties
indicated above do take title it will go into limbo until there is a title suit. Mr.
Sticka asked if a person could say `l hereby renounce ownership of this property',
he didn't think that someone could just say they don't own it to not have any
obligations anymore. Kelly Kramer responded by saying `no', then went on to
state that after conferring with the Attorney of the Property Owners it is in the
best interest of the City and the Property Owners there, so that the land is not sold
or developed, this will preserve the land in question. She went on to say that it is
recommended for the City to take ownership so this will not happen. Alderman
Sticka asked then if the City does take ownership of the property, doesn't the City
then take responsibility for maintaining the land. Kelly said that the City will
have a responsibility to maintain it, but that is why they want to put in the
Conservation Easement is to work with the current property owners in the
continuation of them continuing to maintain the property as is being done so now
by them. She stated that they have discussed some sort of land trust, but the
problem with that would be who they would put as the beneficiary of the land
trust and here you run into revising the land trust every time a lot is sold. She
went on to say the best solution would be a not - for -profit home owners
association then the purchase of liability insurance is available, but then again the
home - owners have previously stated they are weary of going that route.
Mayor Prochaska at this time asked then what the option for maintenance would
be then. Kelly Kramer stated that something could be written into the
Conservation Easement regarding having the current home owners are
responsible for maintenance, which is what is happening now.
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Alderman Besco asked at this time if the area that needs to be maintained could
be tied to the address, instead of the actual owner of the property. Kelly Kramer
responded as far as deeding up the internal open space and doing this the
surveying cost is going to be enormous to go this route. She feels that the owners
of the property now would not be interested in paying the cost of that and this
would potentially cause neighbor to neighbor disputes.
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Alderwoman Spears asked if the City would be taking over the titles for the entire
area or only for those who have filed the Adverse Possession Claims. Kelly
Kramer responded that the City so far would take title to those who have filed the
Adverse Possession Claims. Essentially those people would possess title in the
property that they filed suit for and the City would take title to the balance of the
area. Alderman Sticka asked if more people could still file Adverse Possession
Claims. Kelly responded that it is a definite possibility, but as of yet it is not too
late to do so. She went on to say that there is a provision in the Illinois Compiled
Statues that there is very limited situations in which individuals can file Adverse
Possession Claims against a Governmental Entity and also the Property owner
that Currently owns the property would be quick claiming it to the City and then
if the property is quick claimed to a Home - Owners Association or Land Trust it
then would relieve the City of any liability of the chain of title.
Alderman Sticka stated that his concern is that this does not seem to be an asset to
the rest of the City, just a benefit to those who live in the immediate area of the
land, yet it will become the responsibility of the City to maintain that area with
this change happening. Kelly Kramer stated the City again could speak to the
home - owners about writing into the Conservation Easement the fact that it will be
the home - owners responsibility to maintain the land. Alderman Sticka pointed
out that he believes that the City has to pay currently approximately $50.00 an
acre for lawn mowing and the area in question is approximately 20 acres. He
does not want all the tax payers to pay the $1,000.00 per mowing that would have
to be done approximately 15 -20 times a year. He feels that should not become a
City Expense. Kelly Kramer stated this will be discussed with the home - owners
Attorney.
Mayor Prochaska asked to do a Land Trust, can the beneficiaries of the Land
Trust be tied to the title and not to the actual people living there. Kelly responded
that it is possible, but you still run the risk of having to have name beneficiaries
and that would be up to land-owners themselves would have to work out of who
the named beneficiary would then be. Mayor Prochaska asked if the beneficiary
could be an address. Kelly responded it did have to be a named person or a not-
for—profit legal entity too.
Alderwoman Spears stated to those present that what Alderman Sticka has
brought up will not be a concern. She went on to state that there were over 200
people at the meeting and all the people have been caring for the property for over
30 years and have indicated they will continue the care and maintenance. She
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stated this is due to the owners taking pride in the land and would not become a
burden to other tax payers. She brought up then that there is no park in the area.
She went on to say that the other people in the areas may request a park in the
area later on. Mayor Prochaska stated then that the problem then is that people
are not interested in having that land open to the outside area making it a public
park. He has been told there is no interest in going that route. Alderwoman
Spears went on to state she did not mean for the land to be turned into a public
park, but there is a give and take in various areas. Alderman Sticks added that he
has received various letters from people in Countryside who have stated that they
do not want people who don't live there coming into there back yards, with that
point made, he added that it should not be the City's taxpayers obligation to
maintain and pay for that area then. Alderman Besco went on to state that there
are always home - owners there inviting others into see the land they get to enjoy.
Alderman Sticks then questioned if taxes have been paid on this property over the
years. Kelly Kramer replied that yes the taxes have been paid. Mr. Sticka went
on to state that he has heard that if the City did not take title to the land, the
property could go up for tax sale, where a P party had the chance to come in and
take ownership. Kelly Kramer responded that potentially that is a possibility.
She added then that she feels the City has a certain duty to protect the open space
from being developed and keep the status quo there. She said that there has been
building permits previously requested in the open space and the City has so far
kept any development from happening. Alderman Sticks agreed that the City's
objective all along has been to keep that area from development.
Mayor Prochaska agreed that for the most part that is true; the thing being then is
to do an agreement with the owners then as far as maintaining the land through
the Conservation Easement.
Alderman Sticka questioned if the City would then be paying the property taxes
for the open land. Kelly Kramer stated that it is her understanding that if the City
takes title to the land they need to either file as tax exempt with the State of
Illinois or if the Home - Owners Association were to take title it would be taxed at
$1.00, which is a minimal tax.
Mayor Prochaska believes the way to go is to draw up the Conservation
Agreement over the green space as far as maintenance. Kelly Kramer stated that
John Wyeth and she have been talking about this situation already, they would
draft it in such a way that they would try incorporate current encroachments that
are on the property to allow current buildings to stand, but never will they be
allowed to rebuild on the open space. They will also be working with the
representative of some of the home - owners in Countryside to get it written
properly.
Mayor Prochaska stated that at this point the City first needs title of the property.
Kelly Kramer went on to state that from there the City would need to accept title,
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record the deeds, clean up all the Adverse Possession Claims that have been filed
with the property owner and then work on creating the Conservation Easement for
the property. Kelly went on to state to address Alderman Sticka's concern with
the cost in maintenance, there is always the possibility of creating what is
essentially back -up SSA, so the City Residents on the whole are not taxed for the
maintenance only the residents that are currently residing next to the property
would be taxed for the maintenance if the City should ever have to care for the
land. Mayor Prochaska stated then that if the City does the Conservation
Easement the language could be in there that so long as the property is maintained
and kept to the City's standards the City would take no further action to do
anything with the property other then leave it as is. He feels that this is what most
people want.
Alderman Besco brought up the question of what if one or two home - owners
choose not to care for the land as originally set up, what the City would do then to
resolve the issue of maintenance then. Mayor Prochaska stated that the neighbors
then should step in and take over the care of the land at that point. This will then
keep the City from having to step in and takeover the land and maintain the land.
Kelly Kramer stated it would cost the City a lot of money to put in the SSA just
for one or two land owners not taking care of their share of the work. The
Committee as a group now feels this probably would not become a concern.
Mayor Prochaska added that maybe the home - owners could identify one or two
people as contacts to help resolve any issues that may come up in the future.
Alderman Sticka questioned if this would be voted on first to accept property and
when accepted the Council can then decide on the Conservation Easements at the
next City Council Meeting. Kelly Kramer stated that it would be her suggestion
to vote on accepting the property first and from there it would be possible to work
on the Conservation Easement then if that is what the Council wants to do.
Mayor Prochaska added that the papers for the quick claim to the City have been
around for awhile, it is just a matter of the City doing that. Alderman Sticka
suggested that the Council have sufficient time to hear a response from the public,
but also giving them time to think about and discuss the matter amongst
themselves before the City moves forward without any response. Kelly Kramer
added that it is going to take some time to draft the Conservation Easement.
Mayor Prochaska stated that he does not City Staff to spend a lot of time working
on this issue until he knows that this will not go thru. Alderman Sticka then
added that the Council does not want to move forward on anything until they
know this is what the residents want either. Mayor Prochaska agreed with him on
that, but the staff will not start on anything until the Council is in agreement that
this is the direction they are going to go. He then suggested that this will go
before the City Council for consideration on 11/24/04 Meeting then.
Alderman Sticka went on to state supposing next year the residents up there
decide to say maybe a property home - owners association was a good idea, what
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can they do then. Kelly Kramer responded at that point they could file the
appropriate papers with the Secretary of the State to get their corporate status and
from there the City will quick -claim to them when they petition to the City.
Alderwoman Spears added again that at the previous meeting with the owners this
is the route they want to go, so she reiterated that any potential problems should
not be a concern of the Council.
Mr. Jim Rados who resides at 305 West Kendall in Yorkville approached to speak
to the Committee. He stated to the Committee that he feels that they have had a
lot of positive reaction coming out of this endeavor with the City. Having a
common area has been a real asset to the residents there. It is a space that they
use all the time and enjoy it greatly. They are a neighborhood who takes care of
their property and they want the City to know that they want this land available
for their kids and grandkids to be able to keep using the land. They are asking for
the City to assure them that this job will go the right way and they are will to
maintain the land as to be set up through the Conservation Easement. They are
proud of there land and will not let the City down. They are also asking for
assurances from the City that no buildings will be going up in the open space or
future sewer lines through there. Mayor Prochaska responded to Mr. Rados that
as far as the Council being concerned about the open area, he reminded him that
last year the Council voted against sending sewer through the open space then to
preserve the beauty of the area. This should be proof to the residents that they are
concerned, but there is no guarantee of how future Council members will feel
either. Mr. Rados then stated that the Conservation Easement is a great idea to
prevent future Councils from changing this settlement. Mr. Rados added once
again that the residents are happy with how the City is handling and taking care of
the situation at hand.
Mr. Steve Borneman who resides at 9618 Immanuel Road in Yorkville
approached the Committee to speak next. He started by stating he has been a
Countryside resident for 5 years now and is one that supports and agrees with
where the Council is taking this. He wants to specify at deeper levels with the
Council of what they accept. He went on to state that as the Steering Committee
met they recognized the effort that the City went through which is a president
setting that has been set for Countryside. He stated that they also recognize that
Countryside is a community of itself, but simply that, they want to preserve it. He
stated that the Parsonage backs up to the water, which gives him a chance to visit
with a lot of folks that go back there in the summer. He went on to say that most
of the fisherman that go there are not Countryside residents either and they
recognize the need to preserve this area for those outside of the immediate area.
He emphasized that the residents are not being selfish in having this done and
they do realize that the Citizens there have a responsibility to maintain this area.
Mayor Prochaska added that he hopes we all recognize that together with the
residents they are breaking new ground in that he has not seen any community has
done in preserving a unique area. He believes this will set a president possibly in
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the future for other areas as they look at more areas that will have green and open
areas behind them He is excited about this happening because he feels it shows a
good cooperation and what the people in Yorkville are made of
Mr. Rados added that they have all the borders have been straightened out and
agreed upon between neighbors for the care of the open area at hand, Mayor
Prochaska added that what Alderman Sticka is concerned about with the
maintenance being taken care of this issue should go back to the land owners to
be made clear to reassure the Council should move forward. Alderman Sticka
stated he is impressed to hear that this committee has done such good work and
that they have earned confidence from all the residents in Countryside. Kelly
Kramer added that she estimated that there were probably roughly 300+ people at
the open meeting with the community, with a lot of good comments from the
residents that reside there,
Frank Schimpf who resides at 109 Palmer Court in Yorkville approached the
Council next. He skated he had some comments and questions for the Committee
tonight. He started by stating he attended the first meeting and the second
meeting where the issue of adverse ownership came up. He went on to state that
he pursued that and sent his letter to the City Clerk, Jackie Milchewski, and has
yet received no reply. Mayor Prochaska stepped into say that the City does not
own the land yet, so there is nothing to do at this point. Mr. Schimpf went on to
say that at the meeting they were instructed that if they were interested in j
pursuing the adverse ownership that is what they were to do. Kelly Kramer stated
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then that any kind of claims the residents had they were to contact the City Clerk
for them to look at prior to the City taking ownership. Mayor Prochaska added
that all letters received have been passed along to the City Attorneys. Kelly
Kramer went on to say that they will take another look at his, but a lot of them
were simply just mowing the grass or similar items, which in the City's mind did
not read to a level of adverse possession. She went on to say that she
recommends that if he wants to seriously talk to the City, contact the City j
Administrator, John Wyeth or herself as well as contacting a private attorney who
can give him the exact statutory requirements for an adverse possession claim and
quite title claim. The City can't give any kind of legal advice to him. Mr.
Schimpf stated that previously in the meeting there was a time frame mentioned
and wondered what it was. Kelly Kramer replied that there is a statue of
limitations and she can not advise him of that.
Mr. Schimpf moved on to speak about the restrictions discussed about what can
be on the land, such as trees, gardens, flowers and so on. Kelly Kramer
responded that the City will look at a place by place basis, but the policy has been
in the past that if there is certain encroachments, such as a tree into the open
space, the City will not have a problem with the property owner keeping it there
and being maintained. Mr. Schimpf brought up that his neighbor has a very large
garden back there, which he does not have a problem with being there. Kelly
responded that from a practical aspect, most likely it will not change. She went
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on to state that previously it has been written in that if the property were to be
sold and was turned into a state of disarray, then the City will step in requiring it
be moved to behind the property line.
Mr. Schimpf went on to ask the Committee what will happen if something
happens on the open land if someone were to be injured while maintaining the
land. Kelly Kramer responded by stating that the City does not have a lot of
liability unless they actively cause or some sort of negligence on their part has
happened. She went on to explain that it is a higher level when you are a
municipality because you have what is called torn immunity.
Mr. Schimpf asked how the home owners prevent one resident from mowing 1-5
homes responsible areas. Mayor Prochaska responded that the Council at the time
will have to deal with. He went on to say that if it becomes that the City has to
maintain 50% of the open area the Council at the time may look at this in a
different way so that the residents there are paying for the care. Mayor Prochaska
stressed again that contacts for the City would be beneficial to resolve any issues
in maintenance that come up.
Mr. Chris Moment who resides at 303 Center Parkway in Yorkville approached
the Committee next. He began by stating he has been a resident there for 11 years
and is on the Steering Committee for the Community. He informed the Council
that there will be another neighborhood meeting to inform the residents of what
the Council is planning on doing. He added that they know that this is taking a lot
of time and money from the City and they appreciate the job being done well and
with their interests in mind. They will also go back to explain adverse possession
claims to the residents as well and how it will split up all the land. He thanked the
Council for the work they are doing. Mayor Prochaska stated that he would like
to keep this moving and have this on the agenda for acceptance at the 11/24/04
City Council Meeting unless there is a major dissention saying they don't want
this to happen.
Jennifer Luna who resides at 122 Blackberry Lane in Yorkville approached the
Council next to speak. She stated she has been a resident in Countryside for 15
years. She suggested or questioned the idea of taking a petition to the neighbors if
in favor of this moving forward to bring back to the Council, so that the Council
knows where the residents stand on this issue. Mayor Prochaska stated that would
definitely be a good way to let the Council know where the residents stand.
Alderman Munns asked the residents present, if he were to decide to go for a walk
with his kid or dog, how they would feel about that. Mr. Borneman replied that
he could grab a chair out of the back yard and enjoy sitting by the creek.
Mayor Prochaska stated to those residents present to please have the signatures
received and then approach the rest of the residents before this goes to City
Council in 3 weeks. Mayor Prochaska thanked all those present for attending.
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The Council and the Mayor took a few minutes to move to the Conference Room
so that they can hear better while the residents finish signing in and finish leaving
the Council Chambers. The Committee started at the beginning of the Agenda to
follow through in order for the rest of the meeting as well.
Public Hearing None
Presentations: None
Detail Board Renort Bill List): Mayor Prochaska asked the Committee Members if
they had any questions regarding the bill list.
• Alderwoman Ohare started the questioning on page 29, last item under W & CO
PTW & CO.; she asked what ADMIN-ACCTG ASSISTANCE was due to the
sum of money being paid for it. Tracy Pleckham replied that this was a line item
in the budget for when PTW comes out to do the quarterly check on their finances
before doing the annual audit. Alderwoman Spears asked if they were doing a
reconciliation of the back statements too. Mayor Prochaska stated that they are
the P party looking at the City's books to make sure everything is being tracked
carefully and correctly. Alderwoman Spears then questioned if it was okay to
have the firm that does the City's Audit looking at this quarterly too. Mayor
Prochaska replied they were checking the City Staff's work. Tracy stated that
they do this quarterly to prevent any big issues at the end of the year.
• Alderwoman Ohare questioned on page 30 under Royal Publishing, the only item -
SECTIONAL VOLLEYBALL. Mayor Prochaska replied that this is an add put
in the program at the Sectionals. This will come out of public relations. Mayor
Prochaska stated that this could be under several items; this is one of the reasons
that area needs to be better clarified with budgeting.
• Alderwoman Ohare questioned on page 32, under Suburban Chicago Newspapers
Ad, item 01 for the Beacon News for the Water Department. Eric Dhuse stated
that the Water department does have a subscription for the Beacon News.
Alderwoman Spears questioned that taxpayers are paying for that. Alderman
Munns asked if this was the subscription for the City too, or is there more than
one. Eric replied that there is more than one. That one just goes to Public Works.
Alderwoman Hurd asked if they subscribe to the Kendall County Record too.
Eric replied that he actually brings his in from home. Alderwoman Spears
questioned if these were approved expenses. Mayor Prochaska stated that the
City gets both papers at City Hall, but again that is a different facility of the City.
Alderwoman Spears stated that she had never noticed it on the Bill List before.
• Alderman Besco questioned page 29, under Professional Service, item 01 -Eng-
Soil Testing @ Heartland. He asked if this is something we are to bill to the
Developers. Mr. Graff stated that this is agreed upon and brought through Public
Works awhile ago and it was recommended to bring in a third party to do the soil
testing. Kelly Kramer stated that some of the property owners in the area were
wondering about the quality of the liner in the pond and this was not agreed as to
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be paid in the easement agreement. Kelly went on to say that this is billed now
because they just had received the results approximately 2 weeks ago.
• Alderman Munns questioned page 27, under Office Works, 3 rd item. He stated he
understands the cordless headset, but under that there is a cost for a lifter and he
asked what that was for. Tracy Pleckham stated that it was part of the headset and
is what is on the base taking the phone of the hook. These will be used by the
lower level receptionist who didn't have one. He also asked if the item below that
those was a clipboard with a calculator built into it. Eric Dhuse stated that he was
correct.
• Alderwoman Spears questioned page 15, under Holley Septic Service, only item.
She asked if this would be reimbursable or not. Eric Dhuse stated that they are
sending the bill to Joyce Lee.
• Alderwoman Spears questioned page 12, under Four Seasons landscaping plus,
only item. She questioned if this Four Seasons Landscaping was one of the City
Employee's Companies. Eric Dhuse stated it was not.
Mayor Prochaska stated this will go onto City Council on 11/9/04 for payment.
Items Recommended by Committee for Consent Agenda: Mayor Prochaska asked if
there were any questions regarding any items. Any questions that arose are marked
behind the item below.
1. Deuchler Agreement for Southwest and Pavillion Road Interceptors — PW
10/25104: No questions
2. River's Edge Unit 1— Letter of Credit Reduction #3 — PW 10/25/04: No questions
3. Grande Reserve Mass Grading — Letter of Credit Reduction #1— PW 10/25/04:
No questions
4. North Water Tower — Change Order #3 — PW 10/25 /04: Alderman Kot stated he
understands what has happened here, but does the material increase that much in that
short of a time period. Eric Dhuse replied it does because it is a steel product and right
now it is increasing dramatically. They did have to wait to but it for the project to be
done correctly.
Mayor Prochaska moved those onto Consent Agenda at 11/9/04 City Council.
Mavor:
2. Risk Management Annual Insurance Coverage 2004 -2005: Mr. Graff
started the discussion explaining to the Committee that the IMLRMA 2005
Insurance Renewal Information was in there packet and if the Committee chose
to stay with them for the next year and they can pay by 11/19/04 they will
receive a 2% discount for paying early. This would save the City $2,430.38 by
paying early. He went on to say that if the Committee decides to switch
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companies, they need to give IMLRMA a 30 day notice of cancellation. He
introduced Mr. Joe Roberts with Caywood Associates Inc. to explain the
benefits that his company has to offer.
Mr. Roberts stated he had looked over the City's current policies to see what
options the City had available to them. He went on to state that Yorkville is in a
state of limbo when it comes to the Insurance industry because they are not
small enough to take advantage of some of the nice comprehensive small
municipality pools, but they are not large enough to take advantage of the big
insurance companies like the A.IG's or CNA's due to the City's account does
not generate enough premium. This fact results in Yorkville not having many
options. He went on to state that the current policy is a quality program, but he
has some differences that he will be pointing out to the Committee tonight.
He has found a policy from the Illinois Counties Risk Mgmt Trust which used
to be where the City held their insurance up to 1999. The change at the time
was due to the K -9 unit coming on then and they could not cover that issue.
This resulted in the City being forced to switch Companies back then. Since
that tune this trust has enlarged their coverage available which makes them
available for Cities the size of Yorkville to use. He moved on to explain the
differences between the current insurance company and the one he has found for
the City of Yorkville to consider.
Mr. Roberts went on to state that the premium on the current policy, if you pay
in advance like the City normally does, would be $119,089.00. The City is
involved in what is called a minimum/maximum plan That means the City will
pay a minimum premium of $119,089.00 and the City has a maximum premium
of $162,403.00 that the City can pay. He stated that means this policy is
accessible. Accessible means the premium amount is based upon the City's
losses. If the City had losses that range from $81,771.00 - $122,654.00 or
anywhere in this range here, the premium will go up. The City is basically
rolling the dice each year for what the premium will be. Historically the City's
losses have been very good. In the insurance industry they love Companies like
the City of Yorkville do too this loss ratio. The City's current loss ratio is 47 0 /0.
This means that City has 47% of losses versus the premium paid. However, he
explained that as the City grows the City's exposure will go up and they know
there is potential for more and more claims. The problem is that $81,771.00 is
very easy to reach which leaves the City open to paying a much higher premium
under the coverage they now have.
Mr. Roberts went on to explain the proposed insurance company, Illinois
Counties Risk Management Trust, and the program they are offering the City.
He stated that they are so popular because they are a 100% fully funded plan.
This means the premium is not - accessible. The current price for their plan with
some expanded coverage, which he will explain later, is $123,671.00 for the
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premium. This leaves a difference at about $4,000.00. He stressed again that
this premium is non - accessible, so that figure could not go up.
Mr. Roberts moved on to explain the differences in the policy forms are as
follows. The deductible on the current form is $500.00 and the deductible on
the proposed is $1,000.00. He stated that quite honestly the City will not be
turning in a claim for under $1,000.00 anyways due to it affecting the City's
loss ratio. The other difference is that the City has extra coverage with the
proposed policy. The City currently has no A/R coverage, Business Income
coverage, no back-up of Sewer & Water Drainage coverage and no off - premises
service failure coverage. All these are included the policy he is proposing to the
City tonight. He went on to state that in the proposed policy the Crime
coverage is enhanced. The current policy limits for Crime give the City
$50,000.00 in employee dishonestly in the proposed policy there is $500,000.00
coverage for this. He pointed out that if the City were to add numerous autos
throughout the year, they will automatically be included. This means no extra
costs at that time and will rated on the next renewal year. This proposed policy
will also pick up the City's Public Officials Bonds. He lastly suggested that the
City seriously consider a Boiler Machinery Coverage (equipment breakdown
coverage) whether the City stays with the old policy or the proposed. He
explained that with the number of lift stations that the Public Works department
has to maintain, one well pump out could cost $80,000.00 easily. He stated that
for the $1,200.00 extra cost in premium he has proposed in the plan will cover
that breakdown and is well worth it. Mr. Roberts explained that on the open
market the equipment breakdown coverage will cost about 10 cents per $100.00
and the City has about $7 million worth of equipment in the City so they would
have to pay approximately $7,000.00 for the coverage.. Mayor Prochaska
questioned that in this particular issue the City is looking at paying $1235.00.
Mr. Roberts confirmed he was correct. He finished by stating that there is a lot
more he could get into, but the information he has discussed is the overall basic
differences between the two policies.
Alderwoman Spears asked what the current policy has that the proposed policy
does not have. Mr. Roberts replied that there is one coverage not provided by
the proposed policy which is Flood & Earthquake. He stated that the Flood &
Earthquake coverage can be added to the proposed policy for $1,543.00 and that
will cover exactly the same as the City's current policy. She then asked Mr.
Roberts how much the premium would have rose if the City had claimed
$80,000.00 from their well pump going out. Mr. Roberts stated that that would
be almost impossible to say, but the City did remain under their premium loss
ratio. The insurance policy is there for the City to use when needed though.
Tony Graff questioned that if the insurance companies more looked at a
company's historical record when looking at the premium rates. Mr. Roberts
replied that in the market that the City is in the companies will only look at 1
year's basis. Mr. Graff added that this proposed policy offers a sewer back -up
which the City does not currently have. The City had a claim earlier this year
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Page 13 of 18
where it took almost 4 months to have the claim adjuster to finally rule. This
will be beneficial to have for the City. Mayor Prochaska added that this will
come in as a benefit for if a lift stations where to not work properly. Mr.
Roberts stated that a breakdown coverage would be based on the life span of the
product. The only thing the coverage will not cover would be when the product
has reached the end of its life span. The group discussed some particular
scenarios at this time to show the different ways the proposed policy will cover
breakdowns.
Alderman Sticka brought up that this proposed insurance company did not have
enough liability coverage back when the City used to carry insurance through
them. Mr. Roberts confirmed that the City currently has $8 million now, He
further explained that the way that the proposed insurance company does it is
they do it on a general liability level. The City will have a chance to buy up to
$10 million in liability coverage with the proposed. This will help with the City
growing like it is.
Mr. Roberts went on to say that he is here a lot working with the City Staff and
being that he is so close would be beneficial when claims come in to play.
The Committee discussed the specifics of when their current policy was up for
renewal. It was determined that if the City wants to get the Min/Max discount it
would be due the 17' of November, so the Council would have to vote by next
Tuesday to accept that. The renewal would actually be effective 12/01/04 to
11/30/05. Mr. Roberts stated that there should be some commitment by
12/1/04. If the City decided to switch to the proposed company they would
have to commit by 11/30/04 and would be bound immediately with just a phone
call. Tony Graff stated that if the City were to terminate coverage with
IMLRMA. Mr. Roberts added that the proposed company would cover any
claims made in the last five years that have not been brought to suit that go
against Public Officials or General Liability.
Mr. Graff added that the current company has a cap on coverage for buildings
up to $10 million, so if the City has a building worth more, they won't cover
that building. The proposed company does not have a cap. Mr. Graff pointed
out that if the Library gets to build, that building in a few years will be valued
over $10 million which will then cause a problem if they stay with the current
policy.
The Committee went over some of the specific coverage differences again in
group discussion. They decided as a group to take the month to see if
IMLRMA may reduce the cost if they know the City is considering changing
companies. This will come back to the next COW meeting scheduled for
November 23` to decide then which route to go. The Committee as a group
thought the extra coverage of the proposed policy would be really beneficial for
the City to have. Tracey Pleckham pointed out that the total cost of the
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proposed plan would cost $125,214.00 and they have $125,000.00 budgeted
which is right in line.
3. National League of Cities — Membership: Mayor Prochaska started the
discussion stating the information packet provided for the Committee to look at
was pulled off of their website. He stated that the City had been looking into
the cost of what it would be to join this group of cities as a learning tool for the
City to use. Mayor Prochaska asked if funds would be available to put towards
being a part of this group. Tracy Pleckham stated that funds from Public
Relations could go to this program Mayor Prochaska stated that some of the
Committee members have previously spoken to members of the National
League of Cities and have thought it would be very beneficial.
The Committee shared their beliefs of what the benefits of joining this group
would be. The information that could be learned from working with
Communities all over the US would be amazing.
The cost of the program would be $1200.00 for registering for the 81 " Congress
of Cities and Exposition. Alderwoman Spears added that she was told that if
they join as members and attend the event they would allow 2 representatives
could attend for free.
Alderman Kot suggested talking to other Communities who have gone to get
information on what they thought of the exposition.
The Committee discussed this issue and suggested that the City join if the
money is available and make sure that representatives can attend these events to
report back to the entire Council. Some of the events looked expensive to the
Committee members and Tony Graff pointed out that with joining as a two -year
member could save $600.00 - $700.00.
Being that the City could learn lots of new ways of doing things and receiving
grants, the Committee decided to investigate the idea a little more, finding out
how many Council members could go for free. The Committee decided to take
on to City Council for consideration. Mayor Prochaska added that this will
remain under the Mayor's Report so the Council can have discussion if needed.
4. IDNR Agreement for Glen Palmer Dam Improvements: Kelly Kramer
started the discussing stating that this is the agreement that needs to be approved
for the Glen Palmer Dam Improvements to be done. She pointed out that City
Staff and IDNR have negotiated already. The recommendations to be made per
the City's request have been made by IDNR. One of the main changes was the
City to maintain the fish dam and the Park Department is comfortable in doing
this with training. The State will deed a section of the land at the park area to
the City so the City can continue in the process of turning into a complete City
park.
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Page 15 of 18
The Committee discussed the specifics of the changes and confirmed that the
City and State will not hold each other harmless for negligent acts. The
Committee agreed with all changes made and will move this on to City Council
under the Mayor's Report.
5. Intergovernmental Agreement Between Kendall County Forest Preserve
District and the City for the Hoover Outdoor Education Center Property:
Kelly Kramer stated to the Committee that this is the result of negotiation
between the County and the City regarding the use agreement with the Hoover
Forest Preserve Property. She also stated that there was a take down in closing
on the parcel label A and so parcel B is being held by Corland and parcel B
should close on the 7 There will be a long term lease that will be incorporated
into this document, but this is the starting point of which legal entities will be
involved in maintaining which areas.
Mayor Prochaska stated that in order for the City to use their land cash fees to
improve they needed to have a long terns lease. Laura Brown pointed out that
this will be a 30 year lease with renewal options.
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Alderman Kot questioned if this document gave the City of Yorkville's Police
Department authority to go in there. Kelly explained that it is the intent to annex
the property so Police can start their policing ability then and they will have
proper jurisdiction. Kelly will put in that this is only subject to annexation.
This item will go to City Council as Consent Agenda with correction above
made.
* The Committee jumped forward in the Agenda to discuss Admin, item 1# before
Alderwoman Spears left the meeting.
Administration Committee:
1. Park Pllanner— Admin 10/7/04: Alderwoman Ohare stated to the Committee
that this was brought to them by the Park Board as a recommendation. They
talked about the issue and wanted to bring it to COW to share with the rest of
the Council. She stated that Laura Brown and her spoke earlier and they were
thinking about taking it back to Admin Committee to consider it for the next
year's budget. Laura Brown stated then to the Committee that one of the things
they wanted to know from the Council is if they should even move in this
direction. Alderwoman Ohare stated that it was mentioned to her that maybe
the City should look more, at having a City Planner that the Park Department
could use. Mayor Prochaska brought up that either way if the Park Board had
an internal Staff to do the majority of planning work it would save them and the
City a tremendous amount of money that they are now spending on having an
outside company doing the work. Alderwoman Ohare backed what the Mayor
was saying in regards to looking at what the City has spent in park Planning
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Page 16 of 1 &
over just the last year would definitely offset the cost of the yearly salary of
having someone employed by the City to do the same work.
Laura Brown explained what the different fees were in the packet she provided
for the Committee to look over. Basically she pointed out that the City is
spending a lot of money on planning that could be lessoned with hiring in
house. She also stated that they do not care if the City chooses either and City
or Park Planner to be hired, either would be beneficial.
Alderman Munns stated that he believed that the Aurora/Naperville only has
one Park Planner for a population of approximately 125,000+ each. He couldn't
see how a town of 10,000 would need a planner, when the others being so large
had only I . Laura Brown pointed out that they are Park Districts and the Park
District of Naperville has 5 Ft, Oswego Park District has 2f/t and hiring a
project construction manager as well.
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The Committee discussed the issue and spoke about how the park could
probably just use a planner themselves and that would be enough. Alderwoman
Spears suggested that the City go in the direction of having a City planner. She
explained that this would allow the new employee could help the parks and still
be paid with the fees when working on park projects. Mayor Prochaska stated
then that the Committee should look at the job function and how much there is
workload wise. The Committee discussed what different communities had
employed as far as City vs. Park Planners.
This will go back to Administration Committee to be looked into further and get
a recommendation when it comes time for the new budget year. The
Administration Committee will decide what kind of planner is necessary for the
City to hire on.
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* The Committee at this point went back to follow the agenda through in order.
Adhoe Teehnologv Committee:
I
1. E -Pay Program — Adhoe Tech 10/18/04: Tracy Pleckham stated that this is an
opportunity for the public to pay via credit card online through the State of
Illinois' program. There is no cost to the City, but there is a cost to the resident
whom chooses to pay this way. Alderwoman Ohare pointed out that the money
is credited to the City's Account a lot Easter. Mayor Prochaska requested that it
be elm to all who use this program that there is an extra fee when paying this
way. The other Committee members pointed out to the Mayor that a window
will pop up making this fee clear to the Resident and if they disagree it will take
them out of the payment process when they are online. The Committee agreed
to get the proper papers signed to make this available for the public. This will
move on to City Council as Consent Agenda.
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Economic Develonment Committee:
1. PC 2004 -16 Saravauos Property — Annexation Agreement — CC public
hearing 10/26/04 Kelly framer stated that at the public hearing only one
person spoke. The Committee spoke briefly about where the property was and
they decided to move forward with this. The first of spring is when they will
break ground. This will go on to City Council on regular agenda.
Park Board: No Report
Public Works Committee:
1. Deuchler Agreement for FPA Amendment to YBSD Southwest Service
Area — PW 9/27/04: Tony Graff stated that the one property was missing
where the property did go across Fox Road. That is now fixed and included
properly. They did not include the Forest Preserve District at this point.
Deuchler would rather do that later when the City gets into the agreements.
Right now that would probably be an objection for that to be in. Once they
annex that and show the agreements it will be no problem for acceptance. They
are looking for approval from the City for the scope of services and also
payment for Developers. This will be subject to receiving the proper funds.
This will go on as Consent Agenda at the next City Council.
2. Rob Roy Creek Interceptor — Contract Award Update — CC 10/16/04'&
COW 10/19/04: Kelly Kramer stated that this was requested by herself to be
continued to the 11/9/04 City Council to award the bid so she can have time to
the Sanitary District regarding this item. Kelly Kramer will have a legal
opinion in writing with a recommendation full packet.
A representative approached the Committee at this time to state that he has been
waiting the entire length of the meeting to speak on this issue. He wanted to
give recommendation on the product that is involved in one of the Bids at hand.
The Committee directed him to speak at the 11/9/04 during Public Comment if
he had any further comments about this item on the Agenda. The Committee
also directed this representative that at this point they are just awarding the
contract based on low bid, not materials. Alderman Sticka pointed out that the
information he is providing should be shared with the experts, not the
Committee Members due to lack of knowledge on the products anyways. Kelly
Kramer stated she will have a written opinion for the next City Council meeting.
Public Safety Committee:
1. Police Reports for August and September 2004 — PS 10/14/04; Alderman
Kot stated that these reports were being put through to COW to keep the reports
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moving on due to lack of quorum the last few months meetings. He stated if the
Committee had any questions to please pass those on to Chief Martin so he can
address them.
Additional Business:
1. Alderman Kot brought up that on November 11, 2004 there will be a speaker
from the State Police at the High School at 6.00pm. They will be speaking
about some of the big drug issues affecting the area. Alderman Kot
recommended going to it if possible.
2. Alderman Sticka stated that he drove past Yorkville Landscape on Route 126
still did not have there perimeter blocked as per the agreement. He would like
the City's Staff to go out there to see and handle the situation to get this taken
care of Kelly Kramer stated she will contact their Attorney to have this
resolved.
3. Mayor Prochaska stated that at the next Plan Commission meeting on 11/10/04
they will be having a public hearing for the South Land plant. He asked the
Committee to try and keep this in their schedules.
4. Laura Brown stated to the Committee that there will be an open house at
Hoover Educational Center on Friday 11/5/04 at 2:00pm that the Council is
invited to be a part of the Dedication with the Speaker of the House being
present. She also stated that the Park Department's new catalog is now out.
The meeting was adjourned at 9:15pm.
Minutes by: Sheila Teausaw
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