Administration Packet 2010 06-17-10 ; o United City of Yorkville
AN z 800 Game Farm Road
Esc - ,ass Yorkville, Illinois 60560
® ��t., Telephone: 630-553-4350
Fax: 630-553-7575
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AGENDA
ADMINISTRATION COMMITTEE MEETING
Thursday, June 17, 2010
6:00 p.m.
City Hall Conference Room
Minutes for Correction/Approval: May 20, 2010
New Business:
1. ADM 2010-38 Cash Report
2. ADM 2010-39 Bad Debt Report
3. ADM 2010-40 Ordinance Providing for Deputy Police Chiefs
4. ADM 2010-41 Resolution Establishing a Policy for Taking Home City Owned Vehicles
5. ADM 2010-42 Prevailing Wage Ordinance
Old Business:
1. ADM 2010-08 Amusement Taxes
2. ADM 2010-33 Historic Preservation Ordinance
3. ADM 2010-37 Governing Ordinance Amendment
Additional Business:
2010/2011 City Council Goals
Administration Committee
Goal Elected Officials Staff
Build and balance. All Susan Mika r'Bart Olson
Long-term budgeting. Golinski/Sutcliff Susan Mika f Bart Olson
Int rove effectiveness o bud et discussions. Plocher/Munns Susan Mika/Bart Olson
Fiscal responsibility and accountability. Teelia /S ears Susan Mika/Bart Olson
Resident outreach (open government communication. Sutcliff/Spears Glory Spies/Bart Olson_
Litigation aversion. Gilson/Werderich Bart Olson
Staff—elected officials communications. Spears t Gilson Glory Spies/Bart Olson
Budgeting. Munns/Plocher Susan Mika/Bart Olson
Grant planning(with Park Board). Golinski/Spears Com.Dev.Dir./Bart Olson
FOIA compliance. Sutcliff/Spears Bart Olson/Lisa Pickering
UNITED CITY OF YORKVILLE
WORKSHEET
ADMINISTRATION COMMITTEE
Thursday, June 17, 2010
6:00 PM
City Hall Conference Room
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MINUTES FOR CORRECTION/APPROVAL:
---------------------------------------------------------------------------------------------------------------------------------------
1. May 20, 2010
❑ Approved
❑ As presented
❑ With corrections
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NEW BUSINESS:
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1. ADM 2010-38 Cash Report
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
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2. ADM 2010-39 Bad Debt Report
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes �a
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3. ADM 2010-40 Ordinance Providing for Deputy Police Chiefs
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
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4. ADM 2010-41 Resolution Establishing a Policy for Taking Home City Owned Vehicles
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
5. ADM 2010-42 Prevailing Wage Ordinance
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
OLD BUSINESS:
---------------------------------------------------------------------------------------------------------------------------------------
1. ADM 2010-08 Amusement Taxes
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee w
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
2. ADM 2010-33 Historic Preservation Ordinance
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
3. ADM 2010-37 Governing Ordinance Amendment
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
ADDITIONAL BUSINESS:
----------------------------------------------------------------------------------------------------------------------------- ------
IRAFT
UNITED CITY OF YORKVILLE
ADMINISTRATION COMMITTEE MEETING
Thursday, May 20, 2010 6:00pm
City Hall Conference Room
CITY OFFICIALS IN ATTENDANCE:
Alderman Robyn Sutcliff Alderman Diane Teeling
Alderman George Gilson Alderman Gary Golinski
Alderman Joe Plocher (arr. 6:33pm) Treasurer Bill Powell
City Administrator Bart Olson Attorney Kathy Orr
Community Development Director Krysti Noble
GUESTS:
Tony Scott,Kendall County Record
Stephenie Todd, Kendall County Historic Preservation
The meeting was called to order at 6:00pm by Chairman Robyn Sutcliff and she
welcomed all those in attendance.
Chairman SutcIiff said she had proposed changes to the agenda. Item#10 Governing
Ordinance was pulled from the agenda since the Mayor was unable to attend. She also
asked to move Item #6 and #2 forward on the agenda.
Minutes for Correction/Approval March 22, 2010
Some corrections were noted so the minutes will be returned for revision and brought
back to the next committee meeting. Alderman Gilson made a motion to table the
minutes pending these corrections. Alderman Teeling seconded the motion.
New Business:
6. ADM 2010-33 Historic Preservation Ordinance (out ofsequence)
This ordinance will govern historical characteristics such as for the purchase of the old
county jail. Bart Olson said many towns enact such ordinances to define responsibilities
and powers. Attorney Orr said anyone can apply to have a structure included in the
historical district. It then proceeds to Public Hearing and City Council. A structure also
cannot be changed without City Council approval.
Alderman Sutcliff mentioned that the Chapel on the Green may be sold and it is one of
the oldest structures in the City.
1
Stephenie Todd of the Kendall County Historic Society stated that there is currently a bill
in the House and Senate that will allow a 50% deduction on taxes for restoration costs for
a home in a Historic District. She explained the Historic District process and noted there
are 7 Historic Districts in Aurora. Ms. Todd said very few homes qualify to be historic
and many standards have to be met. When an application for a Historic District is
submitted, the first step is the Historic Preservation Committee and it then proceeds to the
City Council regardless of the recommendation, according to Attorney Orr.
Alderman Gilson commented that he felt the ordinance is driven by the purchase of the
old jail, which he opposes. He said the ordinance is subjective and that there would be
added staff costs, costs of applications and notices, definitions are vague and the
ordinance is subjective. Alderwoman Teeling held the opposite view and said it is
important to have this ordinance and that the cost would be minimal. Alderman Golinski
said he felt it is important to preserve historic structures. He added that he thought the
process should end if the Historic Committee does not approve the application for
historic status. Chairman Sutcliff is a proponent in preservation also and said it adds
value to the City. Administrator Olson suggested the homeowner should bear the cost of
mailings etc. and noted that certified mailings are not required.
Record-keeping costs are also incurred by the City according to Mr. Gilson. He also said
only the homeowner should be allowed to submit applications. It was felt that the Plan
Commission should also be involved in this process
Alderman Gilson made a motion to bring this matter back for further discussion,
however, there was no second and the motion died. A motion was then made by Golinski
and seconded by Teeling to move this item to City Council with the change in language
regarding the approval process. It was also suggested that persons on the committee
should have some historical expertise. City residents are recommended,but not
necessary.
2. ADM 2010-29 Monthly Treasurer's Reportfor April 2010(out ofsequence)
As of April 30, the main balance is $23,384,552. April revenues were$1, 714, 803 with
expenses of$1,976,763 and an ending balance of$23,122,592.
Alderman Teeling asked if payments had been received from the State. Mr. Olson said
many payments were not received yet with sales tax coming as well.
1. ADM 2010-28 Monthly Budget Report for April 2010(out of sequence)
A memo regarding personal property tax, state income tax and State use tax was included
in the packet. Mr. Olson said $416,000 was anticipated from past months and reports are
expected from the first 3 months of the year.
Bad debt is unbudgeted expense and the main cause of deficit ,Olson said. Various
points of the memo were discussed including the bad debt amount of$940,000 for last
fiscal year with approximately$255,00 still outstanding. It was noted that Mr. Olson,
Ms. Mika and all department heads will oversee the budget figures and will make cuts.
2
Administrator Olson reported that the sales tax figures exceeded his trend analysis for the
months discussed by$3,00044,000.
3. ADM 2010-30 Developer Fees and Deposits and Tracking
Ms. Noble said Mr. Gilson had requested an explanation of the tracking process for
development fees. After checking with the Finance and Engineering Departments, she
said there was a"Fund 90"established last summer that requires a line for each
development that requires a fee. When only 10% of the funds remain, the developer is
asked to replenish the fund. Administrator Olson also discussed various aspects of the
bad debt process, liens filed and water debt.
Alderman Gilson asked if this tracking system has been written in policy form. Olson
said the tracking system has been transferred to many different departments over the
years. Gilson asked to see the original spreadsheet used, but Olson said it had not been
updated since 2003. After that point, the records were kept on paper and account ledgers
and the spreadsheet was not kept in that form. Olson said the spreadsheet was non-
existent, but offered samples of records used at that time.
Chairman Sutcliff said the City should move forward. Mr. Golinski asked for the new
report to be included in the EDC packet for information.
4. ADM 201-311VIMEC Bid
The City is seeking authorization to go out to bid for street light electricity prices. All
City power is now provided through NIMEC except for the street lights. The City has
been notified that prices for street light electricity will now fluctuate by the hour.
Approval from the City Council must be given before going out to bid and the committee
agreed to this. This will move on to the May 25th City Council meeting.
S. ADM 2010-32 REC Center Memberships far City Employees
Alderman Plocher requested this item be placed on the agenda. Mr. Olson said police
personnel receive free memberships as part of the police contract. It is proposed that all
City employees receive free memberships since it would help reduce insurance costs. It
is hoped that morale would be boosted also since no raises have been given for 2 years.
This has been discussed at the Park Board and they are supportive.
At the present time, 10 employees have memberships. There are 85 employees who
could take part in this program with 24 under the union contract. Part time employees
who receive health insurance would also be eligible for the memberships.
Alderman Teeling said it could encourage families to join and would be good for morale.
Alderman Gilson questioned whether the REC Center would be overcrowded with
additional memberships. He also had concerns since the REC Center will be in a deficit
until 2012.
Alderman Plocher explained that he proposed this item since he is a union worker and his
union has looked at memberships of this type to improve health. He also feels it would
be a morale-booster and that happy workers produce more.
3
To clarify an earlier comment, Alderman Golinski said that the REC Center is a leased,
not City-owned building. He felt that paid memberships could increase. He suggested it
move forward to City Council for discussion.
7. ADM 2-10-34 Park Board Seat—School District
Chairman Sutcliff said the School District has a voting position on the Park Board that is
currently vacant. Alderman Teeling commented that the City should wait until the new
superintendent assumes his position in July before the position is filled. Other comments
included not allowing the School representative to be a voting member. Alderman
Golinski added that there have been applicants, however, they never received return
phone calls. Another issue is the screening requirement.
Bart suggested that the Mayor could talk to the School District prior to any decision. It
was also suggested that the position could be a Mayoral appointment. This matter will
move forward to the City Council with the City's recommendation to maintain a School
representative on the Park Board.
8. ADM 2010-35 Intergovernmental Agreement with Library
This Agreement concerns the request for payment by the Library for City services. The
question arose as to whether or not the request violated the Agreement. Bart said the
intent was not to violate such an Agreement and he was not aware of the Agreement
before that request. This Agreement automatically renews each year and cannot be
cancelled without a 90 day notice
Chairman Sutcliff and Alderman Teeling said the City needs a relationship with the City,
however, the City cannot afford to provide services and personnel without compensation.
Gilson said the Agreement should be honored. Golinski said he is not in favor of
charging the Library for services and that the Library is a City building that needs City
support.
There was also a brief discussion of tax caps if the Library went to a District and whether
or not the Library could be self-sustaining as a District.
It was agreed to move this forward to the Council for discussion.
9. ADM 2010-36 Intergovernmental Agreement with School District
This item is a 3-year facility use agreement and it expired in April. The Agreement will
be extended for another year as it stands now.
OLD BUSINESS
1. ADM 2010-26 Riverfront Building Concession Lease RFP
Mr. Olson said the City had spoken with Freeman's Sports who said they have no plans
to purchase kayaks for rentals. It was discussed whether or not the City would want to
rent out the Riverfront building. Gilson said he opposed any business operating out of
this building that would compete with an existing business. It was Ms. Sutchff s opinion
that the City needs to be ready with kayaks when the river project is completed.
4
Completion of the river dam was also discussed and it is expected to be completed after
June 3 01h
Golinski asked if the City had ever leased a city owned building. Mr.41son said there is a
"Use Agreement" with Beecher Center.
It was decided to move this forward to Council.
Z ADM 2009-43 Ordinance Amending City Code Providing for Penalties for the
Violation of the State Officials and Employees Ethics Act
This matter was tabled at an earlier meeting and will now move to City Council.
There was no further business and the meeting adjourned at 8:40pm.
Minutes respectfully submitted by
Marlys Young
5
r-D C/rr Reviewed By: Agenda Item Number
J= O Legal ❑ �I 1
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Agenda Item Summary Memo
Title: Cash Report
Meeting and Date: Administration Committee June 17, 2010
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by: Susan Mika Finance
Name Department
Agenda Item Notes:
Please see attached memo
C I P
r. 0 Memorandum
To: Administration Committee
EST. 1836 From: Susan Mika, Finance Director
� � t�` CC: Bart Olson, City Administrator
Date: June 11, 2010
Subject: Cash Report
CE
At the April Administration Committee meeting, we were asked to create a cash report to be
used in conjunction with the monthly treasurer's report. This report shows the cash balances for
each budgetary fund. Essentially, this is a treasurer's report with no assets included within the
totals.
This report can be used as a tool in determining future spending authorizations, however, this
report is only a `snapshot' of the cash balances at month end. The cash balances will fluctuate
daily throughout the month.
While the negative 53,000,000 general fund balance is certainly shocking to the eyes, it is a
direct reflection on what we have known and been discussing for the past several months during
budget discussions; we wrote off almost $1,000,000 in bad debt, we have about $2,100,000 in
state funds that are owed to us, $200,000 in garbage surcharge revenue that is still being
received, and transfers and journal entries that have to be made from September 2009 forward.
Essentially, and for cash-flow purposes other budgetary funds are providing the cushion for cash-
flow purposes when day-to-day revenue disbursements are not enough to meet the bi-monthly
bill lists.
The budgetary fund names that are bolded in the left column are sitting in bank accounts separate
from the main City bank account. The budgetary fund names that are not bolded in the left
column are all comingled with the general fund bank statement.
Also, we have not completed bank reconciliations for September 2009 through April 2010. Since
these reconciliations are incomplete, there are outstanding checks and deposits in transit that are
not included in this report at this time. When the accounts are reconciled, the numbers shown on
this spreadsheet will change.
UNITED CITY OF YORKVILLE
Cash Report
May June July August Sept Oct Nov Dec Jan Feb March April
General Fund (2,136,593) (1,892,027) (969,374) (1,646,598) (459,352) (1,472,056) (1,587,656) (2,098,394) (2,399,666) (2,891,827) (3,027,635) (3,389,752)
Fox Hill (14,949) (13,498) (6,164) (5,934) 2,004 21190 2,346 2,346 2,346 2,346 2,226 2,226
Sunflower Estates 1,949 1,320 5,399 4,600 6,368 6,255 6,307 6,307 6,307 6,307 6,188 6,188
Motor Fuel Tax 339,853 356,101 378,078 412,424 426,253 438,185 330,183 410,778 329,679 335,065 338,199 370,132
Municipal Building (45,736) (44,836) (56,286) (55,836) (55,386) (68,036) (67,586) (67,436) (81,286) (80,686) (80,086) (93,786)
Police Capital 196,846 199,281 209,534 209,792 212,208 212,807 214,656 215,932 225,201 225,885 226,565 229,535
PW Capital 185,179 183,921 190,113 186,055 183,147 179,924 175,398 169,240 164,074 159,832 155,524 150,791
Park&Rec Capital 25,752 26,302 26,302 26,302 76,375 76,375 77,325 77,325 77,325 77,625 68,552 68,552
City-Wide Capital (190,778) (185,978) (153,178) (152,778) (152,278) (124,278) (123,978) (123,878) (44,078) (43,778) (43,478) (18,378)
Debt Service (75,239) (144,696) (23,847) (22,774) (19,702) 101,147 2,964 (299,9D0) (179,252) (179,152) (179,027) (58,353)
Water (372,740) (401,722) (365,868) (296,614) (174,808) (75,811) 71,234 117,679 132,075 124,999 187,926 53,872
Sewer 2,092,396 2,129,839 2,121,975 2,130,248 2,620,752 3,101,416 2,969,211 2,930,616 2,817,747 2,767,649 2,820,023 2,869,873
Land Cash (54,447) (75,219) (80,837) (77,196) (23,454) (36,825) (32,509) (26,962) (42,513) (130,545) (132,468) (89,086)
Park&Rec 132,563 154,727 172,077 147,185 223,943 193,775 190,140 205,746 229,494 238,711 275,474 117,469
Recreation Ctr (95,249) (98,351) (93,940) (123,340) (136,532) (139,849) (155,642) (136,191) (126,670) (116,003) (130,080) (131,738)
Library 773,984 518,213 588,607 517,514 440,397 1,345,871 1,317,145 902,341 858,521 784,566 691,838 618,466
Fox Industrial 195,375 210,083 304,085 316,892 398,069 401,398 412,005 411,820 411,820 411,820 411,820 406,854
Countryside TIF (62,979) (62,979) (60,592) (60,533) (57,500) (57,406) (57,404) (57,589) (57,663) (57,728) (57,728) (57,728)
Countryside TIF Bd 2,765,959 2,766,948 2,768,074 2,768,927 2,769,663 2,770,270 2,534,386 2,534,924 2,535,463 2,535,949 2,536,487 2,537,043
Downtown TIF 49,575 55,699 77,118 81,027 102,992 107,325 136,849 136,664 136,294 136,294 136,294 136,294
Developer Escrow - - - - - - 24,300 36,408 49,376 100,468 120,216
Trust&Agency 409,006 1,021,714 2,780,591 577,502 2,292,746 730,798 697,127 405,677 382,527 483,789 731,148 466,327
TOTAL 4,119,727 4,704,642 7,811,866 4,936,866 8,675,905 7,693,474 7,112,500 5,741,344 5,414,153 4,840,493 5,038,231 4,315,015
'Please note that September through April are not reconclled.
CITE Reviewed By: Agenda Item Number
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City Council Agenda Item Summary Memo
Title: Bad debt report
City Council l Committee Agenda Date: Administration—June 17, 2010
Synopsis: Report of bad debt causes.
Council Action Previously Taken:
Date of Action: N 1 A Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by: Bart Olson Administration
Name Department
Agenda Item Notes:
As of time of packet creation, this report was not completed. The report will be
distributed as a supplemental packet or presented at the meeting.
Reviewed By: Agenda Item Number
J -'a Legal E]
EST. � iaas
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City Administrator ❑
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Agenda Item Summary Memo
Title: Ordinance providing for Deputy Police Chiefs
Meeting and Date: Administration Committee June 17, 2010 at 6:00 PM
Synopsis: Request to amend code of ordinances to create the rank of Deputy Chief to be
appointed by the Chief of Police. The currents Lieutenants would be appointed as
Deputy Chiefs and the rank of Lieutenant would no longer exist. There is no cost or
salary changes in the conversion from Lieutenant to Deputy Chief. See memo.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by: Chief Richard Hart Police Department
Name Department
Agenda Item Notes:
0 Yorkville Police Department Memorandum
804 Game Farm Road
EST. ,
1836 Yorkville, Illinois 60560
�- Telephone: 630-553-4340
a j ;l , Fax: 630-553-1141
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Date: May 14, 2010
To: Mayor Valerie Burd
From: Chief Rich Hart
Reference: Deputy Chiefs
This memo is the result of several discussions held regarding the "conversion" of the
Lieutenants in the Police Department to Deputy Chief. The position of Deputy Chief
would be determined at the discretion of the Chief of Police.
Currently the chain of command in the Police Department is composed of a Police Chief,
2 Lieutenants followed by Sergeants and Patrol Officers. All positions except for the
Police Chief are chosen from a list under a process managed by the Yorkville Board of
Fire and Police Commissioners, a creation of state statute, the members of which are
chosen by the Mayor. The promotional lists for lieutenant and sergeant last for 3 years,
our current lists expire October 15, 2011.
In 2005, state statutes were changed to allow non- home rule municipalities to create
the position of Deputy Police Chief (an exempt rank, not a civil service rank) as follows:
Notwithstanding any other provision of this Section, a non-home rule municipality
of 130,000 or fewer inhabitants, through its council or board of trustees, may, by
ordinance, provide for a position of deputy chief to be appointed by the chief of the
police department. The ordinance shall provide for no more than one deputy chief
position if the police department has fewer than 25 full-time police officers and for
no more than 2 deputy chief positions if the police department has 25 or more
full-time police officers. The deputy chief position shall be an exempt rank
immediately below that of Chief. The deputy chief may be appointed from any
rank of sworn, full-time officers of the municipality's police department, but must
have at least 5 years of full-time service as a police officer in that department. A
deputy chief shall serve at the discretion of the Chief and, if removed from the
position, shall revert to the rank currently held, without regard as to whether a
vacancy exists in that rank. A deputy chief of police, having been appointed from
any rank of sworn full-time officers of that municipality's police department, shall
be permitted, regardless of rank, to take promotional exams and be promoted to a
higher classified rank than he currently holds, without having to resign as deputy
chief of police.
The reason for the enactment was to provide municipalities with more flexibility in the
appointment of second level managers. Being immediately below the Police Chief, it is
imperative that, beyond the ability to be good managers and role models, the officers in
these positions must share the philosophy of whoever may be the Police Chief at any
given time. Thus, the Police Chief should have the ability to pick his top management,
rather than be told who they will be or inherit them as a result of a civil service test (i.e.
Lieutenant), which is the current practice. Additionally, no demotion procedure currently
exists for civil service positions (Lieutenant, Sergeant); the only option is to either keep
a person in the position or move for complete termination as an employee. The state
statute specifically provides that upon removal from the position of Deputy Chief, an
officer reverts to the rank previously held, thus not subjecting an officer to loss of a
career because of a change in chiefs. The police officer vocation is not particularly
portable. Thus, creating and using exempt rank positions allows for both a reasonable
selection as well as removal/replacement procedure.
Civil service exists to protect people from arbitrary and/or political promotions,
demotions and terminations, and the testing process serves to ensure that the
appropriate skills are considered in making promotional decisions. However, I believe
there are flaws. First, I believe that any department head has to have the flexibility to
choose his next in command. I believe that the usual testing process simply cannot
measure the intangibles that make for good leaders and managers. A police chief needs
to be able to implicitly trust seconds in command and the flexibility to pick and choose
enables him or her to find the right fit. In Yorkville, the second in command position is
the only position that is not in a collective bargaining unit; they along with the chief are
"management" for those important relationships. When the Chief is out of town,
someone is placed in care of the entire community relative to public safety, and the
choice of that person has to be judged by every single circumstance a Chief believes is
relevant.
It may be said that this action takes away a career step for officers, I don't agree. The
deputy chiefs have to come from the ranks so there will still be upward movement in the
department. The statute also requires a minimum of 5 years service as a full-time police
officer in the Yorkville Police Department, and allows all ranks to be considered, so in
one sense it actually opens career paths. If the Council were to approve this move, the
current Lieutenants would be appointed as the Deputy Chiefs; we would eliminate the
position of Lieutenant altogether.
The timing of this request is not related to the budget, and it will have no impact at this
time, except that we may save some money from deleting the expense of written testing
currently scheduled for 2011. The current lieutenants list expires on October 15th of
2011, and the testing process usually begins with the Board of Fire and Police
Commissioners notifying potential candidates of the materials which they can use to
study for the written examination (allowing 90 to 120 days notice for the reading list). It
would be a waste of time and be somewhat misleading not to have the conversation now
before that time arrives and people become invested in a process that may not be
completed.
I met with Bob Johnson, the chairman of the Board of Fire and Police Commissioners and
discussed the matter. He declined to offer an official opinion, as he believes his role is to
follow the law, and since the state law provides for this position he supports whatever
the Mayor and Council feel is best for the community.
The process by which this would happen is as follows:
1. The City Council would pass the Ordinance attached which deletes the Lieutenants
position from the City Code and adds the Deputy Police Chief positions.
2. I would appoint Lieutenants Schwartzkopf and Delaney as Deputy Police Chiefs and
the Mayor would swear them in.
Please contact me with any questions or comments.
Ordinance No. 2010-
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
PROVIDING FOR DEPUTY POLICE CHIEFS
BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall
County, Illinois, as follows:
Section 1. Title 2, Article 7 of the United City of Yorkville Code of Ordinances is hereby
amended by deleting Section 1 in its entirety and replacing it with the following:
2-7-1: CREATION: A Board of Fire and Police Commissioners is hereby created to
manage the affairs of the municipal police department of Yorkville, to provide rule
making for the operation of said department, to assume all duties of hiring, discipline,
retirement regulation and the like for the successful operation of the Yorkville municipal
police department. The Chief of Police will remain a position appointed by the Mayor
with the advice and consent of the City Council and will not be hired or disciplined by
the Board of Fire and Police Commissioners. The Deputy Police Chiefs shall be
appointed by the Chief of Police and will not be hired or disciplined by the Board of Fire
and Police Commissioners.
Section 2. Title 5, Article 1 of the United City of Yorkville Code of Ordinances is hereby
amended by deleting Section 1 in its entirety and replacing it with the following:
5-1-1: CREATION OF THE DEPARTMENT AND COMPOSITION:
A. There is hereby created a Police Department, referred to in this Chapter as the
"Department." The Department shall consist of a Chief of Police. Further, it shall
consist of two (2) Deputy Chiefs, and such number of Sergeants and Patrol Officers as
may from time to time be provided by the Mayor, with the advice and consent of the City
Council, and as budged for by the City Council.
B. The Deputy Chiefs may be appointed from any rank of sworn, full-time officers
of the Department, but must have at least five (5) years of full-time service as a police
officer in the Department. A Deputy Chief shall serve at the discretion of the Chief of
Police and, if removed from the position, shall revert to the rank previously held, without
regard as to whether a vacancy exists in that rank. A Deputy Chief, having been
appointed from any rank of sworn full-time officers, shall be permitted, regardless of
rank, to take promotional exams and be promoted to a higher classified rank than he
currently holds, without having to resign as Deputy Chief.
Section 3. Title 5, Article 1 of the United City of Yorkville Code of Ordinances is hereby
amended by deleting Section 2 in its entirety and replacing it with the following:
5-1-2: RANK OF OFFICERS:
The Chief of Police shall be the head of the Department and shall have command and
supervision over all officers and members thereof. Following him in rank shall be the
Deputy Chiefs, Lieutenants (in the event there are any pursuant to Subsection 1),
Sergeants, and Patrol Officers, respectively, in order of seniority in each group.
Section 4. Title 5, Article 1 of the United City of Yorkville Code of Ordinances is hereby
amended by deleting Section 3 in its entirety and replacing it with the following:
5-1-3: DEPARTMENT MEMBERS:
A. All full-time paid members of the Department, with the exception of the Chief
and Deputy Chiefs, shall be considered to be members of the classified service and shall
be commissioned, promoted, and removed by the Board of Fire and Police
Commissioners of the classified service.
B. Commissions and Promotions: Commissions of members to and promotions
within the Department, other than the Chief of Police and Deputy Police Chiefs, shall be
made by the Board of Fire and Police Commissioners, as provided by statute.
Appointments of members to and removal of members from the position of Deputy
Police Chief shall be made by the Chief of Police, as provided by statute.
C. Discharges: No member of the classified service shall be discharged from the
Department except after a hearing on the charges before the Board of Fire and Police
Commissioners, as provided by statute, provided that this Section shall not be construed
as affecting the power of the Mayor to appoint and remove the Chief of Police with the
advice and consent of the City Council.
Section S. All ordinances or parts of ordinances conflicting with any of the provisions of this
Ordinance shall be and the same are hereby repealed.
Section 6, If any Section, subsection, sentence, clause, phrase or portion of this Ordinance is for
any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of
the remaining portions hereof.
Section 7. This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
2
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of , A.D. 2010.
CITY CLERK
ROBYN SUTCLIFF DIANE TEELING
GARY GOLINSKI ARDEN JOSEPH PLOCHER
WALTER WERDERICH MARTY MUNNS
ROSE ANN SPEARS GEORGE GILSON ]R.
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of 2010.
MAYOR
3
Reviewed By: Agenda Item Number
_ O ❑
Legal
1836
EST. Finance ❑
-- Engineer ❑ Tracking Number
g u� City Administrator
0 -� O
S1 mow' Consultant ❑
�F, .�� ♦� ❑
Agenda Item Summary Memo
Title: Take-Home Vehicle Policy
Meeting and Date: Administration Committee 6/17/10
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Approval
Submitted by: Bart Olson Administration
Name Department
Agenda Item Notes:
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
RESOLUTION NO. 2010-
RESOLUTION ESTABLISHING A POLICY
FOR TAKING HOME CITY OWNED VEHICLES
WHEREAS, the City Council of the United City of Yorkville has considered and
discussed establishing a policy concerning certain employees taking home city owned vehicles,
and
WHEREAS, the City Council understands that certain employees remain "on-call-
during non-regular business hours, and
WHEREAS, the City Council has determined that it desires to establish a policy allowing
certain employees to take home city vehicles, subject to the following guidelines:
1. The decision to allow an employee to take home a city owned vehicle is subject to
approval of the department head.
2. No city owned vehicle maybe taken home past 10 miles of city limits.
NOW THEREFORE BE IT RESOLVED, by the Mayor and City Council of the United
City of Yorkville, Kendall County, IIlinois that the Policy for Taking Home City Owned
Vehicles is hereby approved.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of , A.D. 2010.
CITY CLERK
ROBYN SUTCLIFF DIANE TEELING
GARY GOLINSKI ARDEN JOSEPH PLOCHER
WALTER WERDERICH MARTY MUNNS
ROSE ANN SPEARS GEORGE GILSON, JR.
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of A.D. 2010.
MAYOR
Reviewed By: Agenda Item Number
OT Legal ❑
EST. 1836 Finance ❑
Engineer El Tracking Number
0 4P51
City Administrator ❑
Consultant ❑❑ Q;� 1� ,�L'%I L �-�.
Agenda Item Summary Memo
Title: Prevailing Wage Ordinance
Meeting and Date: Administration Committee 6/17/10
Synopsis: Ordinance that declares city's compliance with the Illinois Prevailing Wage Act.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by: Lisa Pickering Clerk's Office
Name Department
Agenda Item Notes:
Please see attached information.
o Memorandum
EST 1836 To: Mayor and City Council
OI , � From: Lisa Pickering, Deputy Clerk
�x CC: Bart Olson, City Administrator
Date: June 8, 2010
Subject: Prevailing Wage Ordinance
The city is required by state statute during the month of June of each year, to investigate and
ascertain the prevailing rate of wages as defined in 820 ILLS 130— Prevailing Wage Act. To
accomplish this, the city annually approves an ordinance declaring compliance with the Illinois
Prevailing Wage Act. The purpose of the Prevailing Wage Act is to ensure that the general
prevailing rate of wages for laborers, mechanics, and other workers engaged in the construction
of public works coming under the jurisdiction of the city are the same as the prevailing rate of
wages for construction work in the Kendall County area. The rate of wages is determined by the
Illinois Department of Labor. I have attached the ordinance along with the list of Kendall
County prevailing wages for June 2010. After the approval of the ordinance by City Council, a
copy of the ordinance will be publicly posted in the glass case in the lobby, a public notice will
be placed in the newspaper, and certified copies will be filed with the Secretary of State and the
Illinois Department of Labor.
COUNTY OF KENDALL }
} ss
STATE OF ILLINOIS }
ORDINANCE NO. 2010 -
AN ORDINANCE DECLARING THE UNITED CITY OF YORKVILLE'S
COMPLIANCE WITH ILLINOIS PREVAILING WAGE ACT
WHEREAS, the State of Illinois has enacted "An ACT regulating wages of laborers,
mechanics, and other workers employed in any public works by the State, County, City or any
public body or any political subdivision or by anyone under contract for public works." approved
June 26, 1941, as amended, being Chapter 820 ILLS 130/1-12 Illinois Compiled Statutes; and
WHEREAS, the aforesaid Act requires that the United City of Yorkville investigate and
ascertain the prevailing rate of wages as defined in said Act for laborers, mechanics, and other
workers in the locality of said City employed in performing construction of public works, for
said City.
NOW, THEREFORE, be it ordained by the Mayor and City Council of the United City of
Yorkville, Kendall County, Illinois as follows:
SECTION 1
To the extent and as required by "An Act re�7ulating wages of laborers, mechanics and
other workers employed in any public works by the State, County, City or any public
body or any political subdivision or by anyone under contract for public works" approved
June 26, 1941, as amended, the general prevailing rate of wages in the locality for
laborers, mechanics, and other workers engaged in the construction of public works
coming under the jurisdiction of this City is hereby ascertained to be the same as the
prevailing rate of wages for construction work in the Kendall County area as determined
by the Department of Labor and the State of Illinois as of June 2010, a copy of that
determination being attached hereto as Exhibit "A" and incorporated herein by reference.
The definition of any terms appearing in this Ordinance which are also used in the
aforesaid Act shall be the same as in said Act.
SECTION 2
Nothing herein shall be construed to apply said general prevailing rate of wages as herein
ascertained to any work or employment except public works of this City to the extent
required by the aforesaid Act.
SECTION 3
The City Clerk shall publicly post or keep available for inspection by any interested party
in the main office of this City this determination of such prevailing rate of wage.
SECTION 4
The City Clerk shall mail a copy of this detennination to any employer, and to any
association of employers and to any person or association of employees who have filed or
file their names and addresses, requesting copies of any determination stating the
particular rates and the particular class of workers whose wages will be affected by such
rates.
SECTION 5
The City shall promptly file a certified copy of this Ordinance with both the Secretary of
State Index Division and the Department of Labor of the State of Illinois.
SECTION G
The City Clerk shall cause a notice to be published in a newspaper of general circulation
within the area that the detennination of prevailing wages has been made. Said notice
shall conform substantially to the notice attached hereto as Exhibit "B". Such publication
shall constitute notice that this is the determination of the City and is effective.
PASSED by the City Council of the United City of Yorkville, Kendall County,
Illinois, this Day of , A.D. 2010.
City Clerk
ROBYN SUTCLIFF DIANE TEELING
ARDEN JOE PLOCHER WALLY WERDERICH
GARY GOLINSKI MARTY MUNNS
ROSE SPEARS GEORGE GILSON, JR.
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this Day of , A.D. 2010.
Mayor
Kendall County Prevailing Wage for June 2010 Page 1 of 7
EXHIBIT "A"
Kendall County prevailing Wage for June 2010
Trade Name RG TYP C Base, FRMAN +M-FDB OSA OSH H/W Penan Vac Trng
ASBESTOS ABT-GEN ALL 35.200 35.700 1.5 1.5 2.0 9.130 8.370 0.000 0.+400
ASBESTOS AST-MEC BLD 31.540 0.000 1.5 1.5 2.0 9.670 9.610 0.000 0.520
BOILERMAKER BLD 43.020 46.890 2.0 2.0 2.0 6.720 9.890 0.000 0.350
BRICK MASON BLD 39.030 42.930 1.5 1.5 2.0 8.800 10.67 0.000 0.740
CARPENTER ALL 40.770 42.770 1.5 1.5 2.0 9.840 9.600 O.ODO 0.490
CEMENT MASON ALL 41.550 43.550 2.0 1.5 2. 0 7.900 10.81 0.000 0.150
CERAMIC TILE FLASHER BLD 33.600 0.000 2.0 1.5 2. 0 6.950 8.020 0.000 0.540
COMMUNICATION TECH BLD 34.220 36.320 1.5 1.5 2.0 9.340 8.900 0.000 1.030
ELEC'T'RIC PWR EQMT OP ALL 33.140 42.570 1.S 1.5 2.0 4.750 10.27 0.000 0.250
ELECTRIC PWR GRNDMAN ALL 25,680 42.570 1.5 1.5 2.0 4.750 7.960 0.000 0.190
ELECTRIC PWR LINEMAN ALL 39.420 42.570 1.5 1.5 2.0 4.750 12.22 0.000 0.300
ELECTRIC PWR TRK DRV ALL 26.520 42.570 1.5 1.5 2.0 4.750 8.230 0.000 0.200
ELECTRICIAN BLD 42.470 46.720 1.5 1.5 2.0 9.340 10.61 0.000 1.270
ELEVATOR CONSTRUCTOR BLD 46.160 51.930 2.0 2.0 2.0 10.03 9.460 2.770 0.000
FENCE ERECTOR ALL 40.200 42.210 2.0 2.0 2.0 8.140 .16 0.000 0.230
GLAZIER BLD 37.000 38.500 1.5 1.5 2.0 7.340 12.05 0.000 0.740
HT/FROST INSULATOR BLD 42.050 44.550 1.5 1.5 2.0 9.670 10.81 0.000 0.520
IRON WORKER ALL 40.200 42.210 2.0 2.0 2.0 8.140 15.16 0.000 0.230
LABORER ALL 35.200 35,950 1.5 1.5 2.0 9.370 8.130 0.000 0.400
LATHER ALL 40.770 42.770 1.5 1.5 2.D 9.840 9.800 0.000 0.490
MACHINIST BLD 42.770 44.770 1.5 1.5 2.D 7.750 B.690 0.650 0.000
MARBLE FINISHERS ALL 29.100 0.000 1.5 1.5 2.D 8.800 10.67 0.000 0.740
MARBLE MASON BLD 39.030 42.930 1.5 1.5 2.0 B.B00 10.67 0,000 0.740
MATERIAL TESTER I ALL 25.200 0.000 1.5 1.5 2.0 9.370 8.130 0.000 0.400
MATERIALS TESTER II ALL 30.200 0.000 1.5 1.5 2.0 9.370 8.130 0.000 0.400
MILLWRIGHT ALL 40.770 42.770 1.5 1.5 2.0 9.840 9,800 0.000 0.490
OPERATING ENGINEER BLD 1 45.100 49.100 2.0 2.0 2.0 11.70 8.050 1.900 1.150
OPERATING ENGINEER BLD 2 43.800 49.100 2.0 2.0 2.0 11.70 8.050 1.900 1.150
OPERATING ENGINEER BLD 3 41.250 49.100 2.0 2.0 2.0 11.70 8.050 1.900 1.150
OPERATING ENGINEER BLD 4 39.500 49.100 2.0 2.0 2.0 11.70 8.050 1.900 1.150
OPERATING ENGINEER BLD 5 48.850 49.100 2.0 2.0 2.0 11.70 8.050 1.900 1.150
OPERATING ENGINEER BLD 6 46.100 49.100 2.0 2.0 2.0 11.70 8.050 1.900 1.150
OPERATING ENGINEER BLD 7 48.100 49.100 2.0 2.0 2.0 11.70 8.050 1.900 1.150
OPERATING ENGINEER HWY 1 43.300 47.300 1.5 1.5 2.0 11.70 8.050 1.900 1.150
OPERATING ENGINEER HWY 2 42.750 47.300 1.5 1.5 2.0 11.70 8.050 1.900 1.150
OPERATING ENGINEER HWY 3 40.700 47.300 1.5 1.5 2.0 11.70 8.050 1.900 1.150
OPERATING ENGINEER HWY 4 39.300 47.300 1.5 1.5 2.0 11.70 8.050 1.900 1.150
OPERATING ENGINEER HWY 5 38.100 47.300 1.5 1.5 2.0 11.70 8.050 1.900 1.150
OPERATING ENGINEER HWY 6 46.300 47.300 1.5 1.5 2.0 11.70 8.050 1.900 1.150
OPERATING ENGINEER HWY 7 44.300 47.300 1.5 1.5 2.0 11.70 8.050 1.900 1,150
ORNAMNTL IRON WORKER ALL 40.200 42.210 2.0 2.0 2.0 8.140 15.16 0.000 0.230
PAINTER ALL 39.680 41.680 1.5 1.5 1.5 8.100 8.200 0.000 1.000
PAINTER SIGNS BLD 31.740 35.640 1.5 1.5 1.5 2.500 2.540 0.000 0.000
PILEDRIVER ALL 40.770 42.770 1.5 1.5 2.0 9.840 9.800 0.000 0.490
PIPEFITTER BLD 39.500 41.500 1.5 1.5 2.0 9.900 12.99 0.000 1.360
PLASTERER BLD 38.550 40.860 1.5 1.5 2.0 9.000 9.690 0.000 0.450
PLUMBER BLD 39.500 41.500 1.5 1.5 2.0 9.900 12.99 0.000 1.360
ROOFER BLD 37.000 40.000 1.5 1.5 2.0 7.500 6.020 0.000 0.330
SHEETMETAL WORKER BLD 41.660 43.660 1.5 1.5 2.0 8.810 10.66 0.000 0.780
SPRINKLER FITTER BLD 40.500 42.500 1.5 1.5 2.0 8.500 6.650 0.000 D.500
STEEL ERECTOR ALL 40.200 42.210 2.0 2.0 2.0 8.140 15.16 0.000 D.230
STONE MASON BLD 39.030 42.930 1.5 1.5 2.0 8.800 10.67 0.000 0.740
TERRAZZO FINISHER BLD 35.150 0.000 1.5 1,5 2.0 6.950 10.57 0.000 D.380
TERRAZZO MASON BLD 39.010 42.010 1.5 1.5 2.0 6.950 11.91 0.000 0.510
http://w%vw.state.il.us/agency/idol/rates/EVENMO/KENDALL9.htni 6/8/2010
Kendall County Prevailing Wage for June 2010 Page 2 of 7
TILE MASON BLD 40.490 44.490 2.0 1.5 2.0 6.950 9.730 0.000 0.610
TRUCK DRIVER ALL 1 35.650 36.200 1.5 1.5 2.0 6.250 4.275 0.000 0.250
TRUCK DRIVER ALL 2 35.800 36.200 1.5 1.5 2.0 6.250 4.275 0.000 0.250
TRUCK DRIVERR ALL 3 36.000 36.200 1,5 1.5 2.0 6.250 4.275 0.000 0.250
TRUCK DRIVER ALL 4 36.200 36.200 1.5 1.5 2.0 6.250 4.275 0.000 0.250
TUCKPOINTER BLD 39.200 40.200 1.5 1.5 2.0 7.830 10.25 0.000 0.770
Legend:
M F>9 10vertive is required fur any tour greater than P worked
each day, MDnday through Friday.
OSA (Overtime is required for every hour worked on Saturday:
OSH (Overtime is required for every hour worked on Sunday and Holidays)
H/W 4Health & Welfare Insurance)
E'ensn (pension)
Vac Ivacationl
Trnq tTrainir,g)
Explanations
KENDALL COUNTY
The following list is considered as those days for which holiday rates
of wages for work performed apply: New Years Day, Memorial/Decoration
Day, Fourth of July, Labor Day, Veterans Day, Thanksgiving Day,
Christmas Day. Generally, any of -these holidays which fall on a
Sunday is celebrated on the following Monday. This then makes work
performed on that Monday payable at the appropriate overtime rate for
holiday pay. common practice in a given local may alter certain days
of celebration such as the day after Thanksgiving for Veterans Day.
If in doubt, please check with IDOL.
EXPLANATION OF CLASSES
ASBESTOS - GENERAL - removal of asbestos material/mold and hazardous
materials from any place in a building, including mechanical systems
where those mechanical systems are to be removed. This includes the
removal of asbestos materials/mold and hazardous materials from
ductwork or pipes in a building when the building is to be demolished
at the time or at some close future date.
ASBESTOS - MECHANICAL - removal of asbestos material from mechanical
systems, such as pipes, ducts, and boilers, where the mechanical
systems are to remain.
CERAMIC TILE FINISHER
The grouting, cleaning, and polishing of all classes of tile, whether
for interior or exterior purposes, all burned, glazed or unglazed
products; all composition materials, granite tiles, warning detectable
tiles, cement tiles, epoxy composite materials, pavers, glass,
mosaics, fiberglass, and all substitute materials, for tile made in
the-like units; all mixtures in the like form of cement, metals, and
other materials that are for and intended for use as a finished floor
surface, stair treads, promenade roofs, walks, walls, ceilings,
swimming pools, and all other places where tile is to form a finished
interior or exterior. The mixing of all setting mortars including but
not limited to thin-set mortars, epoxies, wall mud, and any other
sand and cement mixtures or adhesives when used in the preparation,
installation, repair, or maintenance of tile and/or similar materials.
The handling and unloading of all sand, cement, lime, tile,
li4://wA,w.state.il.us/agenr.y/idol/rates/EVENMO/KENDALL9.htm 6/8/2010
Kendall County Prevailing Wage for June 2010 Pale 3 of 7
fixtures, equipment, adhesives, or any other materials to be used in
the preparation, installation, repair, or maintenance of the and/or
similar materials. Ceramic Tile Finishers shall fill all joints and
voids regardless of method on all tile work, particularly and
especially after installation of said tile work. Application of any
and all protective coverings to all types of the installations
including, but not be limited to, all soap compounds, paper products,
tapes, and all polyethylene coverings, plywood, masonite, cardboard,
and any new type of products that may be used to protect the
installations, Blastrac equipment, and all floor scarifying equipment
used in preparing floors to receive tile. The clean up and removal of
all waste and materials. All demolition of existing tile floors and
walls to be re-tiled.
COMMUNICATIONS TECHNICIAN
Construction, installation, maintenance and removal of
telecommunication facilities (voice, sound, data and video) ,
telephone, security, and data inside wire, interconnect, terminal
equipment, central offices, PABX and equipment, micro waves, V-SAT,
bypass, CATV, WAN (wide area network) , LAN (local area networks) , and
ISDN (integrated system digital network) , pulling of wire in
raceways, but not the installation of raceways.
MARBLE FINISHER
Loading and unloading trucks, distribution of all materials (all
stone, sand, etc. ) , stocking of floors with material, performing all
rigging for heavy work, the handling of all material that may be
needed for the installation of such materials, building of
scaffolding, polishing if needed, patching, waxing of material if
damaged, pointing up, caulking, grouting and cleaning of marble,
holding water on diamond or Carborundum blade or saw for setters
cutting, use of tub saw or any other saw needed for preparation of
material, drilling of holes for wires that anchor material set by
setters, mixing up of molding plaster for installation of material,
mixing up thin set for the installation of material, mixing up of sand
to cement for the installation of material and such other work as may
be required in helping a Marble Setter in the handling of all
material in the erection or installation of interior marble, slate,
travertine, art marble, serpentine, alberene stone, blue stone,
granite and other stones (meaning as to stone any foreign or domestic
materials as are specified and used in building interiors and
exteriors and customarily known as stone in the trade) , carrara,
sanionyx, vitrolite and similar opaque glass and the laying of all
marble tile, terrazzo tile, slate the and precast tile, steps, risers
treads, base, or any other materials that may be used as substitutes
for any of the aforementioned materials and which are used on interior
and exterior which are installed in a similar manner.
MATERIAL TESTER I: Hand coring and drilling for testing of materials;
field inspection of uncured concrete and asphalt.
MATERIAL TESTER II: Field inspection of welds, structural steel,
fireproofing, masonry, soil, facade, reinforcing steel, formwork,
cured concrete, and concrete and asphalt batch plants; adjusting
proportions of bituminous mixtures.
OPERATING ENGINEER - BUILDING
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Kendall County Prevailing Wage for June 2010 Page 4 of 7
Class 1. Asphalt Plant; Asphalt Spreader; Autograde; Backhoes with
Caisson Attachment; Batch Plant; Benoto (requires Two Engineers) ;
Boiler and Throttle Valve; Caisson Rigs; Central Redi-Mix Plant;
Combination Back Hoe Front End-loader Machine; Compressor and Throttle
Valve; Concrete Breaker (Truck Mounted) ; Concrete Conveyor; Concrete
Conveyor (Truck Mounted) ; Concrete Paver Over 27E cu. ft; Concrete
Paver 27E cu. ft. and Under: Concrete Placer; Concrete Placing Boom;
Concrete Pump (Truck Mounted) ; Concrete Tower; Cranes, All; Cranes,
Hammerhead; Cranes, (GCI and similar Type) ; Creter Crane; Crusher,
Stone, etc. ; Derricks, All; Derricks, Traveling; Formless Curb and
Gutter Machine; Grader, Elevating; Grouting Machines; Highlift Shovels
or Front Endloader 2-1/4 yd. and over; Hoists, Elevators, outside
type rack and pinion and similar machines; Hoists, One, Two and Three
Drum; Hoists, Two Tugger One Floor; Hydraulic Backhoes; Hydraulic Boom
Trucks; Hydro Vac (and similar equipment) ; Locomotives, All; Motor
Patrol; Lubrication Technician; Manipulators; Pale Drivers and Skid
Rig; Post Hole Digger; Pre-Stress Machine; Pump Cretes Dual Ram; Pump
Cretes: Squeeze Cretes-Screw Type Pumps; Gypsum Bulker and Pump;
Raised and Bland Hole Drill; Rota Mill Grinder; Scoops - Tractor
Drawn; Slip-Form Paver; straddle Buggies; Tournapull; Tractor with
Boom and Side Boom; Trenching Machines.
Class 2. Boilers; Broom, All Power Propelled; Bulldozers; Concrete
Mixer (Two Bag and Over? ; Conveyor, Portable; Forklift Trucks;
Highlift Shovels or Front Endloaders under 2-1/4 yd. ; Hoists,
Automatic; Hoists, Inside Elevators; Hoists, Sewer Dragging Machine;
Hoists, Tugger single Drum; Rock Drill (self-Propelled) ; Rock Drill
(Truck Mounted) ; Rollers, All; Steam Generators; Tractors, All;
Tractor Drawn vibratory Roller; winch Trucks with "A" Frame.
Class 3. Air Compressor; Combination Small Equipment Operator;
Generators; Heaters, Mechanical; Hoists, Inside Elevators; Hydraulic
Power Units (Pile Driving, Extracting, and Drilling) ; Pumps, over 39
(1 to 3 not to exceed a total of 30o ft. ) ; Low Boys; Pumps, Well
Points; Welding Machines (Z through 5) ; winches, 4 Small Electric
Drill Winches; Bobcats (up to and including 34 cu yd.) .
Class 4. Bobcats and/or other Skid Steer Loaders (other than bobcats
up to and including X cu yd.) ; Oilers; and Brick Forklift.
Class Z. Assistant Craft Foreman.
Class 6. Gradall.
Class 7. Mechanics.
OPERATING ENGINEERS - HIGHWAY CONSTRUCTION
Class 1. Asphalt Plant; Asphalt Heater and Planer Combination; Asphalt
Heater Scarfire; Asphalt Spreader; Autograder/GOMACO or other similar
type machines: AEG Paver; Backhoes with Caisson Attachment; Ballast
Regulator; Belt Loader; Caisson Rigs; Car Dumper; Central Redi-Mix
Plant; Combination Backhoe Front Endloader Machine, (1 cu. yd. Backhoe
Bucket or over or with attachments) ; Concrete Breaker (Truck
Mounted) ; Concrete Conveyor; Concrete Paver over 27E cu. ft. ; Concrete
Placer; Concrete Tube Float; Cranes, all attachments; Cranes, Tower
Cranes of all types: Creter Crane: Crusher, Stone, etc. ; Derricks,
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Kendall County Prevailing Wage for June 2010 Page 5 of
All; Derrick Boats; Derricks, Traveling; Dowell Machine with Air
Compressor; Dredges; Formless Curb and Gutter Machine; Grader,
Elevating; Grader, Motor Grader, Motor Patrol, Auto Patrol, Form
Grader, Pull Grader, Subgrader; Guard Rail Post Driver Truck Mounted;
Hoists, One, Two and Three Drum; Hydraulic Backhoes; Backhoes with
shear attachments; Lubrication Technician; Manipulators; Mocking
Machine; Pile Drivers and Skid Rig; Pre-Stress Machine; Pump Cretes
Dual Ram; Rock Drill - Crawler or Skid Rig; Rock Drill - Truck
Mounted; Rock/Track Tamper; Roto Mill Grinder; Slip-Form Paver; Soil
Test Drill Rig (Truck Mounted) ; Straddle Buggies; Hydraulic
Telescoping Form (Tunnel) ; Tractor Drawn Belt Loader (with attached
pusher - two engineers) ; Tractor with Boom; Tractaire with
Attachments; Trenching Machine; Truck Mounted Concrete Pump with Boom;
Raised or Blind Hole Drills (Tunnel Shaft) ; Underground Boring anti,/or
Mining Machines 5 ft. in diameter and over tunnel, etc; Underground
Boring and/or Mining Machines under 5 ft. in diameter; wheel
Excavator; Widener (APSCO) .
Class 2. Batch Plant; Bituminous Mixer; Boiler and Throttle valve;
Bulldozers; Car Loader Trailing conveyors; Combination Backhoe Front
Esndloader Machine (Less than 1 cu. yd. Backhoe Bucket or over or with
attachments) ; Compressor and Throttle Valve; Compressor, Common
Receiver (3) ; concrete Breaker or Hydro Hammer; Concrete Grinding
Machine; Concrete Mixer or Paver 7S Series to and including 27 cu.
ft. ; Concrete Spreader; Concrete Curing Machine, Burlap Machine,
Belting Machine and Sealing Machine; Concrete wheel Saw; Conveyor Muck
cars (Haglund or Similar Type) ; Drills, All; Finishing Machine -
Concrete; Highlift Shovels or Front Endloader; Hoist - sewer Dragging
Machine; Hydraulic Boom Trucks (All Attachments) ; Hydro-Blaster; All
Locomotives, Dinky; Off- toad Hauling Units (including articulating)/2
ton capacity or more; Non Self-Loading Ejection Dump; Pump Cretes:
Squeeze Cretes - Screw Type Pumps, Gypsum Bulker and Pump; Roller,
Asphalt; Rotary Snow Plows; Rototiller, Seaman, etc. , self-propelled;
Scoops - Tractor Drawn; Self-Propelled Compactor; Spreader - Chip -
Stone, etc. ; Scraper; Scraper - Prime Mover in Tandem (Regardless of
Size) ; Tank Car Heater; Tractors, Push, Pulling cheeps Foot, Disc,
Compactor, etc. ; Tug Boats.
Class 3. Boilers; Brooms, All Power Propelled; Cement Supply Tender;
Compressor, Common Receiver (2) ; Concrete Mixer (Two Bag and Over) ;
Conveyor, Portable; Farm-Type Tractors used for Mowing, seeding, etc. ;
Fireman on Boilers; Forklift Trucks; Grouting Machine; Hoists,
Automatic; Hoists, All Elevators; Hoists, Tugger Single Drum; Jeep
Diggers; Low Boys; Pipe Jacking Machines; Post-Hole Digger; Power saw,
Concrete Power Driven; Pug Mills; Rollers, other than Asphalt; Seed
and Straw Blower; steam Generators; Stump Machine; Winch Trucks with
"All Frame; Work Boats; Tamper-Form-Motor Driven.
Class 4. Air Compressor; Combination - Small Equipment Operator;
Directional Boring Machine; Generators; Heaters, Mechanical; Hydraulic
Power Unit (Pile Driving, Extracting, or Drilling) ; Hydro- Blaster;
Light Plants, All (1 through 5) ; Pumps, over 3" (1 to 3 not to exceed
a total of 300 £t.) ; Pumps, Well Points; Tractaire; Welding Machines
(2 through 5) ; Winches, 4 Small Electric Drill Winches.
Class 5. Bobcats (all) ; Brick Forklifts; Oilers.
Class G. Field Mechanics and Field Welders
http://w,ww.state.il.us/agency/idol/ratesrF-VENMO/KENDALL9.htm 6/8/2010
Kendall County Prevailing Wage for June 2010 page b of 7
Class 7. Gradall and machines of like nature.
TRUCK DRIVER - BUILDING, HEAVY AND HIGHWAY CONSTRUCTION
Class 1. Two or three Axle Trucks. A-frame Truck when used for
transportation purposes; Aix Compressors and Welding Machines,
including those pulled by cars, pick-up trucks and tractors;
Ambulances Batch Gate Lockers; Batch Hopperman; Car and Truck Washers;
Carry-alls; Pork Lifts and Hoisters; Helpers; Mechanics Helpers and
Greasers; Oil Distributors 2-man operation; Pavement Breakers; Pole
Trailer, up to 40 feet; Power Mower Tractors; Self-propelled Chip
Spreader; Skipman; Slurry Trucks, 2-man operation; slurry Truck
Conveyor Operation, 2 or 3 man; Teamsters; Unskilled dumpman; and
Truck Drivers hauling warning lights, barricades, and portable
toilets on the job site.
Class 2. Four axle trucks; Sump Crets and Adgetors under 7 yards;
Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnapulls or
Turnatrailers when pulling other than self-loading equipment or
similar equipment under 16 cubic yards; Mixer Trucks under 7 yeards;
Ready-mix Plant Hopper Operator, and Winch Trucks, 2 Axles,
Class 3. Five axle trucks; Dump Crets and Adgetors 7 yards and over;
Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnatrailers or
turnapulls when pulling other than self-loading equipment or similar
equipment over 16 cubic yards; Explosives and/or Fission Material
Trucks; Mixer Trucks 7 yards or over; Mobile Cranes while in transit;
Oil Distributors, 1-man operation; Pole Trailer, over 40 feet; Pole
and Expandable Trailers hauling material over 50 feet long; Slurry
trucks, 1-man operation; winch trucks, 3 axles or more;
Mechanic--Truck Welder and Truck Painter.
Class 4. six axle trucks; Dual-purpose vehicles, such as mounted
crane trucks with hoist and accessories; Foreman; Master Mechanic;
self-loading equipment like P.H. and trucks with scoops on the front.
TERRAZZO FINISHER
The handling of sand, cement, marble chips, and all other materials
that may be used by the Mosaic Terrazzo Mechanic, and the mixing,
grinding, grouting, cleaning and sealing of all Marble, Mosaic, and
Terrazzo work, floors, base, stairs, and wainscoting by hand or
machine, and in addition, assisting and aiding Marble, Masonic, and
Terrazzo Mechanics.
Other Classifications of Work:
For definitions of classifications not otherwise set out, the
Department generally has on file such definitions which are available.
If a task to be performed is not subject to one of the
classifications of pay set out, the Department will upon being
contacted state which neighboring county has such a classification and
provide such rate, such rate being deemed to exist by reference in
this document. If no neighboring county rate applies to the task,
the Department shall undertake a special determination, such special
determination being then, deemed to have existed under this
determination. If a project requires these, or any classification not
listed, please contact IDOL at 217-782-1710 for wage rates or
li"p://Nvww.state.il.us/agency/idol/rates/EVENM0/KENDALL9.htm 618/2010
Kendall County Prevailing Wage for June 2010 Page T of T
clarifications.
LANDSCAPING
Landscaping work falls under the existing classifications for laborer,
operating engineer and truck driver. The work performed by landscape
plantsman and landscape laborer is covered by the existing
classification of laborer. The work performed by landscape operators
(regardless of equipment used or its size) is covered by the
classifications of operating engineer. The work performed by
landscape truck drivers (regardless of size of truck driven) is
covered by the classifications of truck driver.
http://,Aww.state.il.us/agency/idol/rates/E'VENM0/KENDALL9.htm 6/8/2010
Exhibit "B"
Public Notice
Notice of Ordinance No.
Prevailing Wage Rates
The United City of Yorkville has passed an Ordinance establishing the prevailing rate of
wages hereby ascertained to be the same as the prevailing rate of wages for construction
work in the Kendall County area as detennined by the Department of Labor and the State
of Illinois as of June 2010. Anyone wishing to inspect the ordinance may do so at:
City Hall, 800 Game Fanu Road, Yorkville, Illinois, Monday through Friday, between
the hours of 8:00 A.M. and 4:30 P.M.
JACQUELYN MILSCHEWSKI
City Clerk
BY: Lisa Pickering
Deputy Clerk
D CITy Reviewed By: Agenda Item Number
J�
0 4 - �.0 Legal ❑
1 Finance
EST. _ ta36 F-1
Engineer ❑ Tracking Number
vs City Administrator ■
Consultant ❑
<LE �w ❑
Agenda Item Summary Memo
Title: Amusement Taxes
Meeting and Date: Administration Committee 6/17/10
Synopsis:
Council Action Previously Taken:
Date of Action: Admin. 3/22/10 Action Taken: Discussion
Item Number: ADM 2010-08
Type of Vote Required: Majority
Council Action Requested: Discussion
Submitted by: Bart Olson Administration
Name Department
Agenda Item Notes:
See attached memo.
°% Memorandum
To: Administration Committee
esr 1836 From: Bart Olson, City Administrator
01� p� Date: June 11, 2010
< E Subject: Amusement Tax Ordinance
L
Attached to this memo is the ordinance for the amusement tax. Over the past two
months, the Mayor and I have met with various businesses and explained the necessity for the
amusement tax,both from an immediate budgetary standpoint and from a long-term
development standpoint. In short, the amusement tax is necessary to maintain the FY 10111
budget numbers and to make future development agreements for amusements possible,
The purpose of the discussion for this agenda item is to begin the discussion on the
details of the collection, enforcement, and administration of the tax. Once those details are
finalized, we can make the final decision of the amount of the tax and the implementation date.
In order to properly implement the amusement tax and give staff time to assist businesses with
the collection of the tax, it is recommended that all details of the amusement tax be finalized by
the City Council before the end of August.
Ordinance No.
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS,
PROVIDING FOR AN AMUSEMENT TAX
BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall
County, Illinois,as follows:
Section 1. Title 3,Article 4 of the United City of Yorkville Code of Ordinances is hereby
amended by adding Article D.as follows:
ARTICLE D.AMUSEMENT TAX
3-413-1: DEFINITIONS:
As used in this Article,the following terms have the following meanings:
"Amusement devices"means any and all mechanical devices of entertainment and games
of skill or amusement operated for gain or for profit, including, but not necessarily
limited to, the following: video games, other arcade games, billiards and pool tables,
pinball games,virtual reality games,and computerized games.
"Amusements" means any and all participatory, spectator and exhibitiNe diversions and
entertainments, including but not limited to the following activities: any theatrical,
dramatic, musical or spectacular performance; motion picture show, flower, poultry or
animal show; carnival; amusement park rides; animal acts; circuses; rodc*os; athletic
contests.sports or games,including boxing,wrestling,tennis,racquetball,handball,golf,
skating, dancing, swimming, racing or riding animals or vehicles, baseball, basketballs,
softball,football,hockey, track and field games,soccer,rugby;billiards and pool games;
video movies and video games, computer games; and pinball games, arcade games and
all other mechanical devices of entertainment and game of skill or diversion.
Instructional activity,even if the subject matter of the instruction might be considered an
amusement,shall not be considered an amusement for purposes of this Article.
"Gross payment' means all fees or charges paid in the form of fires or charges for
admission to any place of amusement and/or for use or rental of any facility, device or
equipment for the purpose of witnessing, participating in, or utilizing any amusement,
regardless of whether such fees or charges are characterized as admission fees,
membership fees, use charges, rental or service charges, excluding golf cart rentals.
Gross payments shall be exclusive of any tax imposed by the United States Government,
the state of Illinois, or any other governmental unit. A fLe or charge which entitles the
patrons in any amusement or place of amusement operated within the corporate limits of
the City to bona fide services in addition to or unrelated to the witnessing or participating
in the amusement shall not be subject to the tax provider/ for in this Article, except
however:
1. Where a fee or charge is comprised of identifiable components, packages
or tiers, the tax provided for in this Article shall be imposed on payments
of any such components, packages or tiers which provide solely for
admission to any place of amusement and/or for the use or rental of any
facility, device or equipment for the purpose of witnessing, utilizing or
participating in any amusement,
2. Where payment of a single fee or charge for admission to any place of
amusement and/or for the use or rental of any facility,device or equipment
for the purpose of witnessing or participating in any amusement also
entitles the patron of the amusement or place of amusement to the
incidental use of parking, restaurant, bar, refreshment, locker room,
changing room, washroom and/or shower facilities or services, the tax
provided for in this Article shall be imposed on the payment of such fee or
charge, provided the predominant activity of such facility is an
amusement.
"Instructional activity" means any activity, the primary objective and characteristic of
which is instruction in the skills, rules and other aspects of the particular activity, and
participation in the activity is ancillary to the instruction.
"Person" means and ineiudes any individual, firm. partnership, association,joint stock
company,joint venture corporation,unless exempted from application of this Article.
"Physical fitness activities"means activities that are traditionally pursued for purposes of
health benefits, physical rehabilitation and self-improvement, and not primarily for
amusement, including, but not necessarily limited to, running (with or without a
treadmill), bicycling (stationary or otherwise), weightlitfing and body building, aerobic,
agility and other workout activities, dieting and nutritional programming, personal
training activities,yoga,martial arts and similar activities.
"Place of amusement" means any premises or facility that offers amusements, including
amusement devices,for gain or profit by a person who is not otherwise exempt under the
ternis of this Article, and provided that the predominant activity of such premises or
facility is an amusement. A premises or facility that predominantly offers physical
fitness activities shall not be considered a place of amusement.
-Video games" means video tape or video disc coAy of a home entertainment game
generally offered for paid use other than for outright sale to customers.
"Video movie" means video tape or video disc copy of a motion picture film. television
show, or similar exhibition,generally offered for paid use other than for outright sale to
customers.
3-413-2 TAX IMPOSED:
A. A tax is imposed on patrons of amusements or places of amusement within the
corporate limits of the City in an amount equal tor_ f;�%)of the gross comment[901]:Maximum of5%. Discanion
payments made in the form of fees or charges for admission to any facility and/or ha r«�m m�,a:„em,t 3'
the use or rental of any facility,device or equipment for the purpose of witnessing
or participating in any amusement, irrespective of whether such fees or charges
2
are characterized as admission tees, membership fees, service or use charges or
rent. Gross payments, as defined in this Article, shall be exclusive of any tax
imposed by the United States government, the state of Illinois, or any other
governmental unit.
B. The tax shall be imposed on the privilege of witnessing or participating in all
amusements or places of amusement as a business for profit, irrespective of
whether such amusement or place of amusement is available generally to the
public or requires a membership as a precondition to admission to participation in
or observation of the amusement or place of amusement.
C. The ultimate incidents of and liability for payment of such tax shall be home by
the person who seeks participation in, witnessing of, admission to, any
amusement or place of amusement. Such persons shall be referred to in this
Article as"patrons."
3-4D-3 TIME OF PAYMENT:
A. The tax levied in this Article shall be paid in addition to any and all other taxes
and charges. It shall be the duty of the owner, manager, or operator of every
amusement or place of amusement in the City to act as a trustee for and on
account of the City, and to secure such tax from the patron and pay over to the
City Administrator or designee such tax under procedures prescribed by the City
Administrator or as otherwise provided in this Article.
B. Every person required to collect the tax shall secure such tax from the patron at
the time of admission, participation fee, rental or other charge is made for the
amusement or place of amusement. The amount due for the tax shall be stated
separately on any and all invoices, receipts, or other statements or documents, if
any,which are generated at the time of the payment of the fee or charge.
C. The tax collected pursuant to this Article by every owner,manager,or operator of
all amusements or places of amusements shall be due and payable on the fifteenth
day of the month following the preceding calendar month during which the gross
payments were received. The tax collected shall be paid to the City Administrator
or designee on forms provided by the City.
D. In the event the amusement tax liability for any month is less than two hundred
dollars ($200.00), the tax for that month shall be paid with the next monthly
payment. The tax report forms shall be delivered to the City Administrator at the
time taxes are paid.
E. Interest shall accumulate and become due upon the tax collected or to be collected
at the rate of one percent(1%) per month commencing as of the first day of the
month following the month in which the tax was due,and shall accrue until such
time as the tax and interest are paid.
3
3-4D-4 BOOKS AND RECORDS:
A. Duty to Maintain Records. Each person required to collect the tax provided for in
this Article shall, either personally or through authorized agents, maintain
complete books and records covering the operation of the amusement or place of
amusement, indicating in such records all payments made for the privilege of
witnessing,participating or utilizing the amusement or place of amusement. Such
books and records shall be maintained on the premises wherein any amusement or
place of amusement is operated and shall be subject to inspection by the City
Administrator or his or her authorized agents at all reasonable times.
B. Such books and records which are required to be maintained under the terns of
this Article shall he kept for at least a period of three years and made available for
inspection by the City Administrator or designee.
3-4D-5 EXEMPTIONS:
The tax imposed shall not apply to or be imposed upon the privilege of witnessing
or participating in those amusements and places of amusement the proceeds of which
inure exclusively to the benefit of religious, charitable, or educational institutions or
organizations, or not-for-profit entities, provided no part of the net earnings are retained
or retainable by an owner or person having an ownership interest, public and private
preschools and elementary and secondary schools, and activities conducted or sponsored
by the City.
34D-6 REPORTS:
On or before the fifteenth day of each month,each person liable for the collection
of the tax shall file with the City Administrator or designee a written report in such form
as the City Administrator may from time to time provide, stating the gross payments
collected during the preceding month in the form of fees or charges,and the tax collected
pursuant to this Article.
3-4D-7 ADMINISTRATION AND ENFORCEMENT:
A. The City Administrator or designee shall be the administration and
enforcement officer of the tax imposed on behalf of the City. It shall be
the responsibility and duty of the City Administrator or designee to collect
all amounts due the City from persons responsible for collection of the tax
under this Article.
B. The City Administrator or designee may enter the premises of any person
owning,managing or operating any place of amusement or place where an
amusement is located for the purposes of inspection and examination of its
books and records for the proper administration of this Article, and for the
enforcement of the collection of the tax imposed.
C. It is unlawful for any person to prevent, hinder or interrere with the City
Administrator or designee in the discharge of the duties under this section.
4
Further, the City Administrator is authorized to enter into any
intergovernmental agreement with other government agencies, as
approved by the City Council, for inspection reports regarding places of
amusement or places where amusements are located for the determination
of compliance under this Article.
D. Whenever any person fails to pay or collect any taxes provided in this
Article or fails to comply with any other provision of this Article,the City
is authorized to enforce the provisions of this Article through
Administrative Adjudication proceedings (Title 1, Chapter 14 of the City
Code), or to initiate legal action to enforce the payment and collection of
the tax or other compliance with this Article in any court of competent
jurisdiction.
3-4D-8 DISPOSITION OF PROCEEDS OF TAX:
All proceeds resulting from the imposition, payment, and collection of the tax
under this Article,including interest and penalties,shall paid into the treasury of the City
and shall be credited to and deposited in the general fund of the City.
Section 2, All ordinances or parts of ordinances conflicting with any of the provisions of this
Ordinance shall be and the same are hereby repealed.
Section 3. If any Section,subsection,sentence,clause,phrase or portion of this Ordinance is for
any reason held invalid or unconstitutional by any court of competent jurisdiction,such portion shall be
deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of
the remaining portions hereof.
Section 4. This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
Passed by the City Council of the United City of Yorkville,Kendall County, Illinois this
day of A.D.2010.
CITY CLERK
ROBYN SUTCLIFF DIANE TEELING
GARY GOLINSKI ARDEN JOSEPH PLOCHER
WALTER WERDERICH MARTY MUNNS
ROSE ANN SPEARS GEORGE GILSON JR.
Approved by me,as Mayor of the United City of Yorkville, Kendall County, Illinois,this
day of 2010.
MAYOR
5
Reviewed By: Agenda Item Number
J� O Legal ■ U i
Esr, � �- 1836
Finance ❑
_ Engineer ❑
11l�a� y City Administrator ■ Tracking Number
9 A°C ,�o Consultant ❑❑
Agenda Item Summary Memo
Title: Historic Preservation Ordinance
Meeting and Date: Administration Committee 6117110
Synopsis:
Council Action Previously Taken:
Date of Action: CC 618110 Action Taken: Second reading—sent back to Administration
Committee for further discussion.
Item Number: ADM 2010-33
Type of Vote Required: Majority
Council Action Requested: Discussion
Submitted by: Bart Olson Administration
Name Department
Agenda Item Notes:
Ordinance No. 20I0-
ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
ESTABLISHING HISTORICAL PRESERVATION GUIDELINES AND
ESTABLISHING A HISTORIC PRESERVATION COMMISSION
WHEREAS, in a rapidly changing world, new uses and customs threaten the existence
of areas, structures and works of art which have special historic, community, architectural or
aesthetic importance, value or interest whose preservation and continued utilization embody a
sense of its cultural, social and political history of a community; and,
WHEREAS, pursuant to the Illinois Municipal Code, Section 11-48.2-1 et seq., Illinois
municipalities are authorized to provide official landmark designation and to impose regulations
governing the construction, alteration, demolition, use and such additional measures as deemed
reasonable and appropriate to ensure the preservation, protection, enhancement rehabilitation,
perpetuation or use of such areas, buildings, structure and objects of art which have special
significance; and,
WHEREAS, the Mayor and City Council of the United City of Yorkville (the
"Corporate Authorities") have acknowledged the existence of specific areas and structures with
significant historical and architectural importance which date back to the initial settlement of the
community in 1833, the designation of the City as the County Seat in 1858, and the incorporation
as a municipality in 1874; and,
WHEREAS, the Corporate Authorities desire to preserve such areas and structures in
order to provide its current residents and businesses a sense of a stable community which has
1
experienced significant growth as a result of the drawing from its history to illuminate a
passageway to the future.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, that the City Code is hereby amended by
adding a new Chapter 17 to Title S as follows:
CHAPTER 17. HISTORICAL PRSERVATION
Section 8-17-1: .Intent and Purpose:
The purpose of this Chapter is to promote the protection, enhancement, perpetuation, and
use of improvements of special historical, architectural or aesthetic value to serve the health,
prosperity, safety, and welfare of the citizens of the City by:
A. Providing a mechanism to identify and preserve the historic and architectural
characteristics of the City which represent elements of the City's cultural, social,
economic, political and architectural history;
B. Promoting civic pride in the beauty and noble accomplishments of the past as
represented in the City's landmarks and historic districts;
C. Stabilizing and improving the economic vitality and value of the City's landmarks
and historic areas;
D. Protecting and enhancing the attractiveness of the City to investors and visitors
thereby supporting commerce, industry, and attracting economic growth; and,
2
E. Fostering and encouraging the preservation and restoration of structures, areas,
and neighborhoods and thereby preventing future blight.
Section 8-17-2. Definitions: Unless the context specifically indicates otherwise, the
meaning of terms used in this Chapter shall be as follows:
1. Alteration. Any act or process that changes one or more of the exterior
architectural features of a structure, including, but not limited to, the erection,
construction, reconstruction or removal of any structure.
2. Area. A specific geographic division of the City.
3. Addition. Any act or process which changes one or more of the "exterior
architectural features" of a structure designated for preservation by adding to, joining
with, or increasing the size or capacity of the structure.
4. Building. Any structure created for the support, shelter or enclosure of person,
animals or property of any kind and which is permanently affixed to the land.
5. Certificate of Appropriateness. A certificate authorizing plans for alterations,
construction, removal or demolition of a landmark or site within a designated historic
district.
6. Commission. The Historic Preservation Commission of the United City of
Yorkville.
7. Commissioners. Voting members of the Historic Preservation Commission of the
United City of Yorkville.
3
8. Construction. The act of adding an addition to an existing structure or the
erection of a new principal or accessory structure on a lot or property.
9. Corporate Authorities. The Mayor and City Council of the United City of
Yorkville.
10, Demolition. Any act or process that destroys in part or in whole a landmark or
site within a historic district.
11. Design Guideline. A standard of appropriated activity that will preserve the
historic and architectural character of a structure or area.
12. Exterior Architectural Appearance. The architectural and general composition of
the exterior of a structure, including, but not limited to the kind, color and the texture of
the building material and the type, design and character of all windows, doors, light
fixtures, signs, and appurtenant elements.
13. Historic District. An area designated as a "historic district by ordinance of the
Corporate Authorities which may contain within definable geographic boundaries one or
more Iandmarks and which may have within its boundaries other properties or, structures
that, while not of such historic and/or architectural significance to be designated as
landmarks, nevertheless contribute to the overall visual characteristics of the landmark or
landmarks located within the historic district.
14. Landmark. Any building, structure or site which has been designated as a
"landmark" by the Corporate Authorities, pursuant to procedures prescribed herein, that
4
is worthy of rehabilitation, restoration, and preservation because it is historic and/or
architectural significance.
15. C4vner of Record. The person, corporation, or other legal entity listed as owner
on the records of the County Recorder of Deeds.
16. Rehabilitation. The process of returning a property to a state of utility, through
repair or alteration, which makes possible an efficient contemporary use while preserving
those portions and features of the property which are significant to its historic,
architectural and cultural values.
17. Removal. Any relocation of a structure on its site or to another site.
18. Repair. Any change that does not require a building permit or that is not
construction, relocation or alteration.
19. Structure. Anything constructed or erected, the use of which requires permanent
or temporary location on or in the ground, including, but without limiting the generality
of the foregoing, buildings, fences, gazebos, advertising signs, bill boards, backstops for
tennis courts, radio and television antennae, including supporting towers, swimming
pools, satellite dishes, solar panels and wind generation.
20. Structural Change. Any change or repair in the supporting members of a
building, structure, roof or exterior walls which would expand the building in height,
width or bulls of the building.
Section 8-17-3. Historic Preservation Commission Established;Appointment and Terms:
5
A. There is hereby established the United City of Yorkville Historic Preservation
Commission. Said Commission shall consist of seven (7) members appointed by the
Mayor with the advice and consent of the City Council. The members of said
Commission shall serve respectively for the following terms:
One for 1 year
Three for 2 years
Three for 3 years
B. The successor of each member so appointed shall serve for a term of three (3)
years.
C. The members need not be residents of the City, but preferably with historical
architectural knowledge.
Section 8-17-4: Organization.
A. The officers of the Historic Preservation Commission shall include a Chairperson,
Vice Chairperson, and Secretary who shall be designated by the Mayor at the time of
appointment.
B. The Chairperson shall prepare all agendas and preside over all meetings of the
Commission. In the absence of the Chairperson, the Vice-Chairperson shall perform the
duties of the Chairperson.
C. The Secretary shall be responsible for notices, agendas and minutes as mandated
by the Illinois Open Meetings Act; safekeeping of all records and reports of the
6
Commission and the notices as may be required for any public hearing conducted by the
Commission.
D. A majority of the members serving on the Commission shall constitute a quorum,
any vacancy in the position of a Commission Member shall not be counted for purposes
of establishing a quorum. A majority vote of the members serving on the Commission
shall be required for any action on any matter presented to the Commission at a meeting
called and conducted in accordance with applicable law and this Chapter.
E. No member of the Commission shall vote on any matter in which such member,
or any member of that member's household, has a material interest.
F. The procedures of the Commission shall be governed by the Open Meetings Act
and to the extent any procedures are beyond the scope of the Open Meetings Act, then
according to Roberts Rules of Order as from time to time updated and amended.
Section 8-17-5: Powers and Duties: The Commission shall have the following powers
and duties:
I. To conduct an ongoing survey to identify historically or architecturally significant
properties, structures and areas.
2. To investigate and recommend to the Corporate Authorities the designation of
properties or structures having special historic, community, or architectural value as
"landmarks";
7
3. To investigate and recommend to the Corporate Authorities the designation of
properties or structures having special historic, community or architectural value as
"historic districts";
4. To keep a register of all properties and structures that have been designated as
landmarks or historic districts, including all information required for each designation;
5. To recommend an appropriate system of markers and make recommendations for
the design and implementation of specific markings of the streets and routes leading from
one landmark or historic district to another;
6. To advise owners of landmarks and property or structures within, historic districts
on physical and financial aspects of preservation, renovation, rehabilitation; and reuse,
and on procedures for inclusion on the State or National Register of Historic Places;
7. To inform and educate all interested persons concerning the historic and
architectural heritage of the City by publishing appropriate maps, newsletters, brochures,
and pamphlets, and by holding programs and seminars;
8. To hold public hearings and to review applications for construction, alteration,
removal, or demolition affecting proposed or designated landmarks or structures or
historic districts and make recommendations to the City Council on such applications.
9. To develop specific guidelines for the alteration, demolition, construction, or
removal of landmarks of property and structures within historic districts;
8
10. To testify before all boards and commissions, including the Plan Commission and
the Zoning Board of Appeals, on any matter affecting historically and architecturally
significant property and landmarks;
11. To periodically review the City's Zoning Ordinance and to recommend to the
Plan Commission any amendments appropriate for the protection and continued use of
landmarks or property and structures within historic districts.
Section 8-17-6: Applications for Landmark Designation or Historic District
Designation: Any person or association may apply for the designation of a Landmark or a
Historic District by submitting a nomination application to the office of the City Clerk with the
following information:
A. For a Landmark:
I. The name and address of the property owner.
2. The legal description and common street address of the property.
3. A written statement describing the property and setting forth reasons in
support of the proposed designation
4. Documentation that the property owner has been notified or consents to
the application for designation.
5. A list of significant exterior architectural features that should be protected.
6. An overall site plan and photographs of the landmark. The plan shall also
include a front, side and rear elevation drawing.
9
B. For a Historic District:
1. The names and addresses of the property owners.
2. A map delineating the boundaries of the area to be designated.
3. A written statement describing the area and properties within the historic
district and setting forth reasons in support of the proposed designation.
4. A list and photographs of significant exterior architectural features of all
properties in the district that should be protected.
Upon receipt of an application, the office of the City Clerk shall forward said application
to the Commission for review and a public hearing as provided in Section 8-17-7.
Section 8-17-7. Procedures for Designation as Landmark or Historic District:
A. Within thirty (30) days of receipt of an application for the designation of a
Landmark or Historic District from the office of the City Clerk, the Chairperson of the
Commission shall call a meeting to present the application to the members of the
Commission who shall undertake an investigation to determine if there is a reasonable
basis to determine that the subject property or subject district may have historical,
architectural, cultural, economic or political elements which should be preserved.
B. Within thirty(30) days of the date of the meeting to determine that the application
has demonstrated a reasonable basis for potential designation as a Landmark or Historic
District, the Commission shall set a time, date and place for a public hearing on the
application and direct the City Clerk to notify by regular mail all property owners within
10
500 feet of the property proposed for designation as a Landmark or the property to be
included in a proposed Historic District. If the application is for the designation of a
Historic District, the Clerk shall also notify, by regular mail, the property owners within
the boundaries of the proposed Historic District. The Commission shall further direct the
office of the City Clerk to publish notice of the date, time and place of said public hearing
in a newspaper of general circulation in the City not less than fifteen (l 5) days nor more
than thirty (30) days of the date of the public hearing. The notice shall describe the
property/properties included in the application.
C. All interested parties shall be given an opportunity to be hard at the public
hearing. If determined necessary by the Commission, the public hearing may be
continued to a date not more than thirty (30) days from the date of the initial public
hearing without further notice other than as required by the Open Meetings Act.
D. At the conclusion of the public hearing or the next meeting of the Commission,
not more than thirty (30) days after the conclusion of the public hearing, the Commission
shall review all information as presented and make an evaluation of the application and a
determination as to whether designation as a Landmark or a Historic District should be
recommended to the City Council based upon the following criteria:
1. For a Landmark Designation:
a. Has significant value as part of the historic, heritage or cultural
characteristics of the community, county, state or nation;
11
b. Is identified with a person or persons who significantly contributed to the
development of the community, county, state or county;
C. Is representative of distinguishing characteristics of architecture inherently
valuable for the study of a period, type, method of construction or use of
indigenous materials;
d. Is a notable work of a master builder, designer, architect or artist whose
individual work has influenced the development of the community, county, state
or country;
e. Is a unique location or has singular physical characteristics that make it an
established or familiar visual feature;
f Has its character as a particularly fine or unique example of a utilitarian
structure, including but not limited to farmhouses, gas stations, or other
commercial structures, with a high level of integrity or architectural significance;
g. In an area that has yielded or may be likely to yield, information important
in history or prehistory.
2. For Designation as an Historic District:
a. The Area contains one or more landmarks along with such other buildings,
places or areas within its definable geographic boundaries which, while not of
such historic significance to be designated as Landmarks, nevertheless contribute
12
to the overall visual characteristics of the Landmark or Landmarks located in such
area;
b. The area has a significant number of structures meeting any of the
standards for Landmark Designation as stated in A above;
C. The area establishes a sense of time and place unique to the City; and/or;
d. The area exemplifies or reflects the cultural, social, economic, political or
architectural history of the nation, the state, or the community.
A copy of the recommendation shall be sent to the property owner of the Landmark or to
all property owners within the recommended Historic District. In the event the application is not
recommended for landmark or historic designation by the commission, no finther action shall be
taken.
Section 8-17-8. Designation by the City Council:
Upon receipt of a copy of the application for the designation of a Landmark or a Historic
District which has been recommended for such designation by the Commission, the City Council
shall review the documentation submitted by the Commission, the record of the public hearing
and the report and recommendation of the Commission. The City Council, by a majority vote
shall approve the requested designation or deny the designation.
Section 8-17-9. Certificate of Appropriateness:
A. Any property or structure designated as a Landmark or any property, structure or
site within a designated Historic District shall require a Certificate of Appropriateness
13
required if the building, structure or site will be altered, extended, or repaired in such a
manner as to produce a major change in the exterior appearance of such building or
structure. Such major change include, but are not limited to:
1. Major changes by addition, alteration, maintenance, reconstruction, rehabilitation,
renovation or repair;
2. Any new construction and demolition in whole or in part requiring a permit from
the City;
3. Moving a building; or,
4. Any construction, alteration, demolition, or removal affecting a significant
exterior architectural feature as specified in the ordinance designating the
landmark or historic district.
B. An application for a Certificate of Appropriateness shall include:
1. Street address of the property involved;
2. Legal description of the property involved.
3. Brief description of the improvements situated on the property.
4. A detailed description of the construction, alteration, demolition, or use proposed
together with any architectural drawings or sketches if those services have been
utilized by the applicant and, if not, a sufficient description of the construction,
alteration, demolition and use to enable anyone to determine what final appearance
and use of the real estate will be.
14
5. Owner's name.
6. Developer's name, if different than owner.
7. Architect's name.
C. All applications for a Certificate of Appropriateness shall be reviewed by the
Commission at a duly called meeting within thirty (30) days of receipt. In its
deliberations, the Commission shall be guided by the following standards:
1. The property shall be used for its historic purpose or be placed in a new use that
requires minimal change to the defining characteristics of the building and its site
environment;
2. The historic character of the property shall be retained and preserved. The
removal of historic materials or alteration of features and spaces that characterize
a property shall be avoided;
3. Each property shall be recognized as a physical record of its time, place, and use;
4. Changes that create a false sense of historical development, such as adding
conjectural features or architectural elements from other buildings, shall not be
undertaken;
5. Most properties change overtime; those changes that have acquired historic
significance in their own right shall be retained and preserved;
6. Distinctive stylistic features or examples of skilled craftsmanship that characterize
a building, structure, or site shall be treated with sensitivity;
15
7. Deteriorated historic features shall be repaired rather than replaced. Where the
severity of deterioration requires replacement of a distinctive feature, the new
feature shall match the old in design, color, texture, and other visual qualities,,
and, where possible, materials. Replacement of missing features shall be
substantiated by documentary, physical, or pictorial evidence;
8. Chemical or physical treatments, such as sandblasting, that cause damage to
historic materials shall not be used. The surface cleaning of the structures, if
appropriate, shall be undertaken using the gentlest means possible;
9. Significant archaeological resources affected by the project shall be protected and
preserved. If such resources must be disturbed, mitigation measures shall be
undertaken;
10. New additions, exterior alterations, or related new construction shall not destroy
historic materials that characterize the property. The new work shall be
differentiated from the old and shall be compatible with the massing, size, scale,
and architectural features to protect the historic integrity of the property and its
environment;
11. New additions and adjacent or related new construction shall be undertaken in
such a manner that if removed in the future, the essential form and integrity of the
historic property and its environment would be unimpaired.
16
D. The Commission shall complete its review within thirty (30) days and forward its
recommendation to the City Council for approval or denial. The Commission shall send
a copy of its recommendation to the applicant.
E. The City Council shall review the application and the record, report and
recommendation and shall approve or deny the request for a Certificate of
Appropriateness.
In the event of denial of an application for a Certificate of Appropriateness, the City
Community Developer Office shall notify the applicant in writing of the disapproval and the
reasons, therefore, and shall recommend changes, if any, in the proposed action that would cause
the City Council to reconsider its denial.
Within fifteen (15) days of receipt of the notification of disapproval, the applicant may
resubmit an amended application for a Certificate of Appropriateness that takes into consideration
the recommendations of the Council and the Commission.
This Ordinance shall be in full force and effect from and after its passage and approval as
provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois, this Day of ,A.D. 2010.
ATTEST:
CITY CLERK
17
ROBYN SUTCLIFF DIANE TEELING
GARY GOLINSKI ARDEN JOSEPH PLOCHER
WALTER WERDERICH MARTY MUNNS
ROSE ANN SPEARS GEORGE GILSON, JR.
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
Day of , A.D. 2010.
MAYOR
18
Reviewed By: Agenda Item Number
0'� Legal F
Finance ❑
EST. �< 1836 Engineer El-�='—
u} City Administrator ■
Tracking Number
Consultant ❑ �---
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Agenda Item Summary Memo
Title: Governing Ordinance Amendment
Meeting and Date: Administration Committee 6/17/10
Synopsis: Amendment address public hearings and vote on application being held on the
same night.
Council Action Previously Taken:
Date of Action: CC 1/12110 Action Taken: Governing ordinance revised.
Item Number: Ord.No. 2010-06
Type of Vote Required: Majority
Council Action Requested: Approval
Submitted by: Meghan Ostreko Administration
Name Department
Agenda Item Notes:
Red-line version attached. See page 5 for proposed revision, as discussed at the 5125/10
City Council meeting.
RED-LINE VERSION
STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
Ordinance No. 2010-
AN ORDINANCE AMENDING AND RESTATING THE
GOVERNING ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
WHEREAS, the City Council of the United City of Yorkville first passed a
Governing Ordinance, on June 27, 2006 as Ordinance 2006-58, subsequently passed
amendments to the Governing Ordinance, on November 14, 2006 as Ordinance 2006-
133, on June 26, 2007 as Ordinance 2007-49, July 10, 2007 as Ordinance 2007-50, July
24, 2007 as Ordinance 2007-53, on January 22, 2008 as Ordinance 2008-02, on April 22,
2008 as Ordinance 2008-27, on June 24, 2008, as Ordinance 2008-58A, on September 23,
2008, as Ordinance 2008-84, on March 24, 2009 as Ordinance 2009-16, on May 12,
2009 as Ordinance 2009-27, and on January 12, 2010 as Ordinance 2010-06, and intends
to amend said Ordinance and restate it in its entirety, by this Ordinance rendering this as
the full text of the Governing Ordinance of the United City of Yorkville; and,
WHEREAS, the City Council of the United City of Yorkville, in accordance with
Illinois Compiled State Statutes, has the right to determine procedures for organizing and
conducting all meetings of the City Council acknowledging that the City is bound by
certain state and federal laws as well as Iegal precedents which cannot be supplanted by
City Ordinance; and,
1
WHEREAS, in keeping with this right, the City Council has adopted Roberts
Rules of Order to outline the procedure to be followed during meetings and to regulate
the actions of Council members and the public in attendance at such meetings; and,
WHEREAS, the Council has determined that, to further ensure the orderly flow
of information presented at its meetings and to protect the integrity of all in attendance at
such meetings, it requires an additional written policy to clarify and amend Roberts
Rules; and
WHEREAS, the Council has undertaken to compile a list of ethical standards for
City elected officials which the Council wishes to be included in its written policy; and,
WHEREAS, the Council also has determined that it is in the best interests of all
members of the City Council and the residents of the United City of Yorkville that said
policy should include guidelines that clarify the duties and rights of aldermen and the
mayor as elected officials of the United City of Yorkville; and,
WHEREAS, the Council also requires said policy to officially establish standing
committees of the Council and to outline procedures for the organization of said
committees, including the selection of membership and chairmen of said committees, so
that membership and chairmanship shall be unbiased and non-partisan, and offer all
alderinen an equal opportunity to understand City business.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of
the United City of Yorkville, Kendall County, Illinois, that the following shall constitute
the Governing Ordinance for the United City of Yorkville:
2
Governing Ordinance, United City of Yorkville
Addressing:
Ethical Standards—Elected Officials' Duties and Responsibilities,
Meeting Standards and Committee Structure
I.
Ethical Standards—Elected Officials of the United City of Yorkville:
A. Shall obey the Constitution and laws of the United States, of the State of Illinois,
and the United City of Yorkville.
B. Shall be dedicated to the concepts of effective and democratic local government.
C. Shall strive to be trustworthy and to act with integrity and moral courage on
behalf of one's constituents, so as to maintain public confidence in City
government and in the performance of the public trust.
D. Shall make impartial decisions, free of bribes, unlawful gifts, narrow special
interests, or financial or other personal interests.
E. Shall not invest or hold any investment, directly or indirectly, in any financial
business, commercial or other private transaction that creates a conflict with
official duties.
F. Shall extend equal opportunities and due process to all parties in matters under
consideration.
G. Shall recognize that the chief function of local government is at all times to serve
the best interests of the residents of the United City of Yorkville.
H. Shall work to keep the community informed on municipal affairs, encourage
communication between residents and municipal officers; emphasize friendly and
courteous service to the public; and seek to improve the quality and image of
public service.
1. Shall work to assure that government is conducted openly, efficiently, equitably,
and honorably in a manner that permits residents to make informed judgments and
hold City officials accountable.
J. Shall show respect for persons, confidences and information designated as
"confidential".
K. Shall, when representing the City, act and dress in a manner appropriate for the
function.
L. Shall refrain from using city computers, the city server, etc. for political purposes.
Elected officials are subject to the same rules of behavior that apply to Council
3
meetings, including refraining from making personal attacks against their fellow
Council members, or defaming them in any way. The server and computers are to
be used to disseminate information, not political propaganda.
I1.
Duties and Rights of Elected Officials:
Aldermen
A. Shall, through their council votes, create the public policy that governs the United
City of Yorkville, and provide oversight for the executive branch.
B. Shall have the right to expect that the mayor and city's staff will provide them
with clear and unbiased information to help them in their decision-making
process.
C. May, at their discretion, hold ward meetings in their ward, or devise other ways to
better understand the wishes of their constituents. This is not meant to preclude
aldermen from taking a city-wide view of the impact of an item under discussion,
but to underline that aldermen are empowered to act on behalf of their
constituents, and should be apprised of all items that are brought to the City that
in any way pertain to their Ward. It is recommended that as a courtesy the
Alderman holding the meeting should contact the other alderman in the ward, in
advance, about the meeting.
D. Shall refrain from giving direction to any city employee. Policy is created by the
entire City Council. if any alderman wishes to address any problems he or she
sees occurring in the city, this problem may be brought to the attention of the
mayor, the city administrator, department directors, or taken to the council as a
whole for action. Requests for information are not to be considered as "giving
direction."
Mayor
A. Shall perform all the duties which are prescribed by law, including ordinances,
and shall take care that the laws and ordinances are faithfully executed. Shall
from time to time and annually, give the corporate authorities information
concerning the affairs of the municipality and may recommend for their
consideration measures that the mayor believes expedient. (65 ILLS 513.1-35-10)
B. Shall be a non-voting member of all standing committees.
C. Shall make appointments to fill vacancies, with the advice and consent of the
Council.
4
III.
Meeting Standards
Applicable to City Council Meetings
Generally
A. City Council Meetings shall be regularly scheduled to convene on the 2"d and 413i
Tuesday's of each month at 7:00 p.m. in the City Hall Council Chambers.
B. City Council Meetings shall be generally conducted according to the agenda
template attached hereto.
C. The Mayor, or any 3 Aldermen, may call a special meeting by submitting the
request in the form of a Notice, and an Agenda for the meeting, in writing to the
City Clerk. The Clerk shall as soon as possible 1) deliver a copy of the Notice
and Agenda to each Elected Official, 2) post the Notice and Agenda at City Hall,
and 3) send a copy of the Notice and Agenda to all registered news media. No
special meeting shall be called for a date less than 48 hours after the Notice and
agenda have been submitted to the City Clerk. The Clerk shall submit a
Certification of Notice as evidence of providing the notices set out above,
including all Copies of Publication to the City Council, and said Certification of
Notice shall be inserted into the record of the Special Meeting. (5 ILCS 120/2.02)
D. Except during the time allotted for public discussion and comment, no person,
other than a member of the council, or an officer, employee, independent
contractor, or other person recognized by the presiding officer, shall address the
Council, except with the consent of two of the members present.
Ea No ordinance or resolution shall be voted on at a City Council meeting unless the
item to be voted on has been presented in its final form to the Corporate
Authorities at least four days prior to the vote.
&F.No application presented during a public hearing shall be voted on during the
same City Council meeting in which that public hearing is held.
li-G.All attendees at every city council meeting shall put their cell phones, pagers,
PDA's or similar devices on silent mode prior to all such meetings, and shall not
communicate on such devices during any such meetings. Elected officials, and
department heads may excuse themselves from a meeting in order to
communicate on such devices.
G-.H.The standards concerning order of speaking and time limits set by this
Governing Ordinance shall apply to all items, including motions, resolutions,
ordinances or action items wherein a vote may be taken.
5
Aldermen
A. Shall have the right to place an item on any committee meeting agenda for
discussion. Shall have the right to place an item on any Council meeting agenda
with the consent of three (3) aldermen. Shall have the right to vote to suspend the
rules of order(regarding the order of discussion) to provide for an open
discussion.
B. Shall, before speaking at a meeting, first be recognized by the presiding officer,
and shall address all remarks to the presiding officer, without a response from the
presiding officer.
C. May not inove to end debate before every alderman who wishes to speak to an
agenda item has had the opportunity to do so. A motion to end debate, or "call
the question" shall require a two-thirds vote. (Roberts Rules (RONR (10th
Edition)page 184, Section 16)
D. May appeal a ruling by the Mayor to the Council as a whole. A majority vote can
overturn the Mayor's ruling. (Roberts Rules (RONR (10`' Edition) page 247,
Section 24)
E. May, by a two-thirds majority vote, expel a fellow alderman from a meeting for
cause, but may not do so for the same cause a second time. (65 ILCS 3.1-40-15)
F. May, upon the request of any two aldermen present, defer a report of a committee
to the next regular meeting of the Council.
G. Shall, during a meeting, have the option to be the first and last speaker on an item
if he or she has placed the item on the Council agenda.
H. Shall, after being appointed as a liaison to another city organization, be
responsible for keeping all Council members informed of that organization's
significant activities.
I. Shall limit their remarks to the question under debate, To this end, aldermen must
never attack or make any allusion to the motives of aldermen. (RONR (10`h
Edition)page 41, line 31)
J. May, before voting, participate in a special meeting to review nominees that the
mayor appoints when the appointment is either to fill a vacancy in an elective or
appointed office that requires the advice and consent of the City Council.
6
K. Shall elect from one of the Aldermen as Mayor Pro Tern pursuant to the Mayor
Pro Tern Policy of the United City of Yorkville, attached hereto.
Mayor
A. Shall preside at every regular Council meeting fulfilling the normal and
customary functions of the chairman of the meeting; in his absence the elected
mayor-pro-tern shall preside. At ad hoc committee meetings of the Council, the
chairman of the committee shall preside.
B. Shall preserve order and decorum, may speak to points of order in preference to
aldermen, and shall decide all questions of order, subject to appeal. In the case of
disorderly conduct, the mayor shall have the power to request that the Council
Chambers be cleared.
C. Shall appoint the City Attorney to be parliamentarian of the Council.
D. May, without relinquishing the chair, voice his opinion on items before the City
Council. The mayor shall, immediately after stating the item under discussion,
ask the alderman who has requested an item to be placed on the agenda if he or
she wishes to introduce the item or the applicable Committee Chairman if no
particular alderman has requested that the item be placed upon the agenda. The
mayor shall recognize this alderman as the last one to speak to the item if the
alderman requests to do so.
E. Shall recognize each alderman wishing to speak to an agenda item in turn,
rotating different sides of the question,pro and con, as much as possible. He shall
give preference first to an alderman who has placed the item under discussion on
the Council's agenda.
F. Shall insure that any information he makes available to aldermen on an agenda
item is given to all aldermen in the same timely fashion, so that all aldermen can
make informed decisions. It is the mayor's responsibility to insure that any item
brought to the mayor's attention that pertains to a project or problem in a City
Ward should be brought immediately to the attention of that Ward's two
aldermen.
G. Shall not vote on any ordinance, resolution or motion except: i. When the vote of
the alderman has resulted in a tie; ii. When one-half of the aldermen elected have
voted in favor of an ordinance, resolution or motion even though there is not tie;
and iii. When a vote greater than a majority of the corporate authorities is
required.
(65 ILLS 513.1-40-30)
IV,
7
The Standing Committees of the City Council:
I. Shall include the Public Works, Public Safety, Administration, and Economic
Development Committees.
II. The Public Works, Public Safety, Administration, and Economic
Development Committees shall include four members (one from each ward) of
the City Council, including the Mayor. The Mayor is a non-voting member of
each committee.
III. Shall be presided over by its chairman, who will conduct the business of the
meeting. In the absence of the chairman, the vice-chairman shall conduct the
business of the meeting. Chairman and vice-chairman shall serve two year
appointments. Chairs, vice-chairs, and committee rosters shall be filled through
the following process:
A. For the Public Works, Public Safety, Administration, and Economic
Development committees: after each election, the four committee
chairmanships shall be vacated. The four vice-chairmen shall each select
a committee to chair, with the most senior alderman having the first
selection and progressing to the next most senior alderman, and so on.
After the chairmanships have been selected, the four non-chaired aldermen
shall each select a committee to vice-chair, with the most senior alderman
having the first selection, and progressing to the next most senior
alderman, and so on. In the same order in which chairmanships and vice-
chairmanships are selected, the committee rosters shall be filled
(committee chairs pick second committee first, vice chairman pick second
committee after the chairman pick their committee).
i. Should an incumbent alderman be defeated in an election, the
incoming alderman shall be placed in the group of four "non-
chaired" alderman that will select a vice-chair role in a committee.
Subsequently" the most senior alderman of the "non-chaired"
group shall be allowed to retain a committee chair for a
consecutive year, but will select last in the group of aldermen who
are selecting the committee chairs for the upcoming term. In the
event there is more than one incumbent alderman allowed to serve
consecutive committee chairs, those aldermen shall select
committee chairs in order according to seniority, but after the
group of alderman who have not served-consecutive committee
chairs have selected.
ii. Should there be a vacancy in the office of an alderperson, the
alderperson appointed to such vacancy shall take the committee
position held by his or her predecessor; provided, however, if the
8
position of said predecessor was that of committee chair, the vice
chair of the committee shall assume the office of "acting chair"
and the new alderperson shall become the vice-chair. The acting
chair shall complete the term of the chair which was vacated and
retain eligibility for a committee chairmanship for the next
succeeding term.
1V. Shall control the movement of items from committee agendas to City Council
agendas. Items may not move out of committee but for a vote of approval by a
majority of the quorum present. When passing items out of committee, where the
committee reasonably believes that if the items are approved by the City Council,
the impacts of that approval could significantly impact many residents, the item
should first be listed on the City Council agenda under the committee report
section and listed as being for first reading. The City Council at its discretion
may waive a first reading if they deem it desirable. Items for first reading are
intended to give notice to the public that a substantial change is being
contemplated and the City Council will be taking input and considering the item
at their next scheduled City Council meeting. For items forwarded to the City
Council which are not expected to have as significant an impact should be
recommended for placement on the consent agenda. Items for first reading do not
literally have to be read into the record at the city council meeting, placement on
agenda is sufficient. When an item is listed for first reading the chairman should
explain the item being proposed and that the City Council is seeking input from
the public to aid them in the decision making process.
V. Shall have the sole power to assign liaisons to those city organizations that fall
under that committee's specific area of business listed in the City Council agenda
as follows:
Public Workv: Park Board, YBSD
Economic Development: Kendall County flan Commission, Plan Commission,
Yorkville Econ. Dev. Corp.
Public Safety: Human Resources Commission, School District
Administration: Library
V.
Cancellation of a Meeting:
A. Regularly scheduled City Council Meetings or Special Meetings called by the
Mayor may be cancelled by the Mayor if advised that a quorum shall not be in
9
attendance or there is not a quorum of the members present at the regularly
scheduled meeting.
B. Special Meetings called by three (3) aldermen may be cancelled by two (2) of the
three (3) aldennen that called the meeting if there is not a quorum of the members
present or for any other reason.
C. Committee Meetings may be cancelled by the Chairman of the committee if there
is not a quorum of the members present.
D. Cancellation of any of the meetings referenced in this Section requires notice by
the person canceling the meeting to the City CIerk, all scheduled attendees, and
all news media that has filed an annual request with the City Clerk.
E. Lack of a quorum for any meeting prohibits proceeding with the meeting, but
permits discussion solely of agenda items so long as no prior notice of
cancellation has been issued.
This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois, this day of 2010.
ROBYN SUTCLIFF DIANE TEELING
GARY GOLINSKI ARDEN JOE PLOCHER
WALLY WERDERICH MARTY MUNNS
ROSE SPEARS GEORGE GILSON, JR.
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this day of 2010.
Mayor
Attest:
City Clerk
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