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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 Kana.nCwrtry CLE 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 --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. May 20, 2010 ❑ Approved ❑ As presented ❑ With corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. ADM 2010-38 Cash Report ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 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 --------------------------------------------------------------------------------------------------------------------------------------- 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 --------------------------------------------------------------------------------------------------------------------------------------- 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 EST. �r L 183$ Finance ■ Engineer ❑ Tracking Number ®,E�l &0 City Administrator ■ Consultant ❑ SCE �r-`' ❑ 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 J Legal -�2 1836 Finance ❑ u�1 EST. Engineer ❑ llfl (0 City Administrator Tracking Number 9 o Police ❑ L E ty Human Resources 1:1 A_ Public Works ❑ 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 Finance ❑ ---:r I_lt` Engineer ❑ Tracking Number City Administrator ❑ Consultant ❑ A ��LE 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 �neai cctn+ry t E 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 http://,A ww.state.il.usl agency/idoltrates/EVENMO/KENDALL9.11tm 618/2010 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, http://Avww.state.il.us/agency/idol,rates/EVENMO/KENDALL9.htin 6/8/2010 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 ❑ �--- <LE ❑ f `} 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 10