Resolution 2002-03 t
RESOLUTION NO.
A RESOLUTION OF INTENTION TO ISSUE REVENUE BONDS OF THE
UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, IN AN
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000, TO
FINANCE ALL OR A PORTION OF THE COST OF ACQUIRING LAND,
CONSTRUCTING BUILDINGS AND RELATED IMPROVEMENTS AND
ACQUIRING FURNISHINGS, EQUIPMENT AND RELATED PROPERTY TO BE
INSTALLED THEREIN FOR YORKVILLE GARDENS, L.L.C., OR ITS
DESIGNEE; AUTHORIZING THE EXECUTION OF A MEMORANDUM OF
AGREEMENT BY AND BETWEEN THE CITY AND SAID COMPANY; AND
RELATED MATTERS.
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "Issuer"), is a
municipality duly organized and validly existing under the Constitution and the laws of the State
of Illinois; and
WHEREAS, pursuant to the Constitution and the laws of the State of Illinois,. and
particularly 65 Illinois Compiled Statutes 2000, 5/11-74-1 et seq., as supplemented and amended
(the "Act'), the Issuer is authorized to issue its revenue bonds to aid in the financing of the costs
of any "industrial project,"as defined in the Act, for the public purposes set forth in the Act; and
WHEREAS, Yorkville Gardens, L.L.C., an Illinois limited liability company (the
"Company"), wishes to finance all or a portion of the cost of acquiring land, constructing
buildings and related improvements and acquiring furnishings, equipment and related property to
be installed therein (the "Project"), all to be owned and operated by the Company as a multi-
family housing facility and all to be located in the United City of Yorkville, Illinois, as further
described in the attached Memorandum of Agreement; and
WHEREAS, the Company wishes to have the Issuer issue one or more issues of its revenue
bonds in one or more series for the Company or its designee, in an aggregate principal amount
not to exceed a combined total of$15,000,000 (the "Bonds"), to provide financing for all or a
portion of the cost of the Project, all in furtherance of the public purposes set forth in the Act;
and
WHEREAS, so as to accomplish the public purposes aforesaid, the Issuer proposes to issue
its revenue bonds pursuant to its home rule powers to finance the acquisition, construction and
installation of the Project; and
WHEREAS, it is deemed necessary and advisable, to accomplish the public purposes set
forth in the Act aforesaid, that the Project be undertaken at the earliest practicable date, and the
Company has requested satisfactory assurances from the Issuer that the proceeds of the sale of
one or more issues of Bonds in an aggregate principal amount not to exceed a combined total of
$15,000,000 to provide financing for all or a portion of the cost of the Project will be made
available; and
WHEREAS, a Memorandum of Agreement has been presented to the Issuer under the
terms of which the Issuer agrees, subject to the provisions of said Memorandum of Agreement,
to issue its revenue bonds to provide for the financing of all or a portion of the costs of the
acquisition, construction and installation of the Project; and
WHEREAS, all or a portion of the expenditures relating to the Project (the
"Expenditures") (i) have been paid within the sixty (60) days prior to the adoption of this
Resolution, or(ii)will be paid on or after the adoption of this Resolution; and
WHEREAS, the Issuer (based on information supplied by the Company, on which the
Issuer believes it is reasonable and prudent to rely) and the Company reasonably expect to
reimburse themselves for the Expenditures with the proceeds of the Bonds or another borrowing;
Now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE UNITED CITY OF
YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS:
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Section 1. The fonn, terms and provisions of the Memorandum of Agreement
presented to this meeting are hereby approved.
Section 2. The Mayor of the Issuer is hereby authorized to execute and deliver, and the
City Clerk of the Issuer is hereby authorized to attest and to affix the official seal of the Issuer to,
a Memorandum of Agreement with the Company in substantially the form of such Memorandum
of Agreement as was presented to this meeting or with such changes therein as shall be approved
by the officers executing the same, which Memorandum of Agreement is hereby made a part of
this Resolution.
Section 3. The officers, employees and designated agents of the Issuer are hereby
authorized to take such further action as is necessary to cant' out the intent and purpose of the
Memorandum of Agreement, as executed, and to cause not more than a combined aggregate
principal amount of$15,000,000 of the Bonds to be issued upon the terms and conditions stated
in such Memorandum of Agreement.
Section 4. The Company reasonably "expects to reimburse the Expenditures with
proceeds of the Bonds or another borrowing.
Section S. The Issuer reasonably expects to reimburse the Expenditures with the
proceeds of the Bonds or another borrowing, based on the expectation of the Company, on which
the Issuer believes it is reasonable and prudent to rely.
Section 6 So as to accomplish the public purposes set forth in the Act and the
Memorandum of Agreement, the Issuer will issue its Bands in one or more series in an amount
sufficient to finance all or a portion of the costs of the Project; provided, that the maximum
principal amount of Bonds expected to be issued for the Project is $15,000,000.
Section 7. The City Clerk of the Issuer is hereby authorized to determine, in
consultation with the Company, a date for a public hearing on the plan of financing of the Project
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through the proposed issuance of the Bonds, as required by Section 147(0 of the Internal
Revenue Code of 1986, as amended (the "Code"), and to publish a public notice of such hearing
in such form as approved by the Company and bond counsel. Said public hearing date may be
the date of any regular meeting of the City Council of the Issuer or any special meeting for which
notice is duly given, and the notice shall be published in such newspaper as the City Clerk of the
Issuer, in consultation with the Company, may determine, but in any event not less than one time
not less than fourteen (14) days prior to the public hearing date in a newspaper of general
circulation in the vicinity of the site of the Project and in the United City of Yorkville, Illinois.
Section 8. The Issuer hereby authorizes and approves' the designation of Stern
Brothers & Co., to act as underwriter and Chapman and Cutler to act as Bond Counsel with
respect to the issuance of the Bonds.
Section 9. All ordinances, resolutions, orders and parts thereof in conflict herewith are
hereby superseded to the extent of such conflict.
Section 10. If any section, paragraph, clause or provision of this Resolution shall be
held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of
the other provisions of this Resolution.
Section 11. This Resolution shall be in full force and effect from and after its passage
and approval as provided by law.
u
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PAUL JAMES C�a �•� MARTY MUNNS
RICHARD STICKA MIKE ANDERSON IL
VALERIE BURD ROSE SPEARS
LARRY KOT JOSEPH BESCO n _
PASSED, APPROVED AND RECORDED this day of March, 2002.
Mayor
[SEAL]
ATTEST:
City Clbrk
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STATE OF ILLINOIS )
)
COUNTY OF KENDALL )
CERTIFICATE OF MINUTES
I, Jacquelyn Milschewski, do hereby certify that I am the duly qualified and acting City
Clerk of the United City of Yorkville, Kendall County, Illinois, and that as such official I am the
keeper of the records and files of the City Council and of said City.
I do further certify that the foregoing is a full, true, correct and complete transcript of that
portion of the minutes of the meeting of said City Council held on the day of March,
2002, insofar as same relates to the adoption of a resolution entitled:
A RESOLUTION OF INTENTION TO ISSUE REVENUE BONDS OF THE
UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, IN AN
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000, TO
FINANCE ALL OR A PORTION OF THE COST OF ACQUIRING LAND,
CONSTRUCTING BUILDINGS AND RELATED IMPROVEMENTS AND
ACQUIRING FURNISHINGS, EQUIPMENT AND RELATED PROPERTY TO BE
INSTALLED THEREIN FOR YORKVILLE GARDENS, L.L.C., OR ITS
DESIGNEE; AUTHORIZING THE EXECUTION OF A MEMORANDUM OF
AGREEMENT BY AND BETWEEN THE CITY AND SAID COMPANY; AND
RELATED MATTERS.
a true, correct and complete copy of which said resolution as adopted at said meeting appears in
the foregoing transcript of the minutes of said meeting.
I do further certify that the deliberations of said City Council on the adoption of said
resolution were conducted openly; that the vote on the adoption of said resolution was taken
openly; that said meeting was held at a specified time and place convenient to the public; that
notice of said meeting was duly given to all news media requesting such notice; that an agenda
for said meeting was posted at the location where said meeting was held and at the principal
office of the City Council at least forty-eight (48) hours in advance of the holding of said
meeting; that said meeting was called and held in strict compliance with the provisions of the
Municipal Code of the State of Illinois, as amended and supplemented, and the Open Meetings
Act of the State of Illinois, as supplemented and amended; and that said City Council has
complied with all of the provisions of said Municipal Code and said Act and with all of the
procedural rules of said City Council.
IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of said City,
this day of March, 2002.
rk oft United City of Yorkville,
Kendall County, Illinois
[SEAL]
...i MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT (the Agreement') is by and between the UNITED
CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, a municipality and a home rule unit of
government duly organized and validly existing under the Constitution and the laws of the State
of Illinois (the `Issuer'), and YORKVILLE GARDENS, L.L.C., a limited liability company duly
organized and validly existing under the laws of the State of Illinois (the "Company').
1. Preliminary Statement. Among the matters of mutual inducement which have
resulted in this Agreement are the following:
(a) The Issuer is authorized and empowered under the Constitution and the laws
of the State of Illinois, and particularly 65 Illinois Compiled Statutes 2000, 5/11-74-1 et
seq., as supplemented and amended (the "Act'), to issue its revenue bonds for the
purposes set forth in the Act and to permit the expenditure of the proceeds thereof to
finance, among other things, any"industrial project" authorized under the Act.
(b) The Company wishes to finance all or a portion of the cost of the acquisition
of land, the construction of.buildings and related improvements thereto and the
acquisition of furnishings, equipment and related property to be installed therein (the
"Project"), all to be owned and operated by the Company, or its designee, as a multi-
family housing facility and all to be located in the United City of Yorkville, Illinois. The
Company wishes to have the Issuer issue one or more issues of its revenue bonds in one
or more series in an aggregate principal amount not to exceed a combined total of
$15,000,000 (the `Bonds"), to finance all or a portion of the costs of the Project pursuant
to the provisions of the Act and the Internal Revenue Code of 1986, as amended (the
„Code
(c) The Bonds shall be special, limited obligations of the Issuer payable solely
out of the revenues and receipts and other amounts received by or on behalf of the Issuer,
pursuant to a loan agreement, lease agreement or other financing agreement between the
Issuer and the Company or its designee. The Bonds and the interest thereon shall not
constitute an indebtedness or a loan of credit of the Issuer, the State of Illinois or any
political subdivision thereof, within the meaning of any constitutional or statutory
provisions, and no owner of any such revenue bonds shall have the right to compel any
exercise of the taxing power of the Issuer, the State of Illinois or any political subdivision
thereof to pay the principal of, premium, if any, or interest on the Bonds.
(d) The Issuer finds that the financing of the Project from the proceeds of the
Bonds will be for the public purposes set forth in the resolution authorizing the execution
and delivery of this Agreement by providing decent, safe, sanitary housing, by increasing
employment and for the increased welfare and prosperity of the residents of the United
City of Yorkville, Illinois. Subject to due compliance with all requirements of law, the
u Issuer, by virtue of such authority as may now or hereafter be conferred, subject to the
holding of a public hearing on the financing of the Project through the issuance of the
Bonds and matters disclosed at said public hearing, and subject to receipt of adequate
assurance from the Company or its designee that there are one or more purchasers for the
Bonds, will issue and sell one or more issues of the Bonds in one or more series in an
aggregate principal amount not to exceed a combined total of$15,000,000, to pay all or a
portion of the costs of the Project.
2. Undertakings on the Part of the Issuer. Subject to the conditions above stated, the
Issuer hereby agrees as follows:
(a) That it will authorize the issuance and sale of one or more issues of the
Bonds in one or more series in an amount not to exceed a combined aggregate principal
amount of $15,000,000, pursuant to its lawful and constitutional authority, and
particularly the Act, as then in effect; provided, that the Issuer may cause another
municipality to issue the Bonds on its behalf
(b) That it will enter into a loan agreement, lease agreement or other financing
agreement with the Company or its designee, whereby the Company or its designee will
pay to, or on behalf of, the Issuer such sums as shall be sufficient to pay when due the
principal of and interest and redemption premium, if any, on the Bonds as and when the
same shall become due and payable.
(c) That it will take such further action and adopt such further proceedings as
may be required to implement the aforesaid undertakings or as it may deem appropriate
in pursuance thereof.
3. Undertakings on the Part of the Company. Subject to the conditions above stated,
the Company hereby agrees as follows:
(a) That it will use all reasonable efforts to find one or more purchasers for the
total amount of Bonds of each issue prior to requesting any further approval by the Issuer
for such issue.
(b) That contemporaneously with the delivery of the Bonds it, or its designee,
will enter into a loan agreement, lease agreement or other financing agreement, with the
Issuer, under the terms of which the Company or its designee will obligate itself to pay to
i
or on behalf of the Issuer sums sufficient in the aggregate to pay the principal of and
interest and redemption premium, if any, on the Bonds as and when the same shall
become due and payable. The Company, or its designee, will also pay directly to the
Issuer its reasonable fees and the reasonable fees and expenses of bond counsel in
com7ection with the issuance of the Bonds.
(c) That it will take such further action and adopt such further proceedings as
may be required to implement the aforesaid undertakings or as it may deem appropriate
in pursuance thereof.
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4. General Provisions. (a) All commitments of the Issuer under paragraph 2 hereof
and of the Company under paragraph 3 hereof are subject to the conditions that on or before
December 31, 2003 (or such other date as shall be mutually satisfactory to the Issuer and the
Company), the Issuer and the Company shall have agreed to mutually acceptable terms and
conditions of the loan agreement, lease agreement or other financing agreement referred to in
paragraphs 2 and.3 above and of the Bonds and other instruments or proceedings relating to the
Bonds.
(b) If the events set forth in (a) of this paragraph do not take place within the time set
forth or any extension thereof and the Bonds in an amount of approximately the amount stated
above are not sold within such time,the Company agrees that it will reimburse the Issuer for all
reasonable and necessary direct out-of-pocket expenses which the Issuer may incur at the request
of the Company arising from the execution of this Agreement and the performance by the Issuer
of its obligations hereunder, and this Agreement shall thereupon terminate.
(c) The Company acknowledges that under the Code and Illinois law the allocation of
authority to issue tax exempt private activity bonds during the term in of this Agreement may be
limited to an amount less than the proposed principal amount of the Bonds. The Issuer makes no
representation or warranty that the Bonds will receive any necessary allocation of such authority
to issue tax exempt private activity bonds, except as otherwise provided in the resolution
authorizing the execution and delivery of this Agreement.
(d) If, by reason of any limitation under the Code or for other cause, the Issuer is
u prevented from fulfilling its undertakings hereunder in accordance with the intent of the parties
hereto, then at the request of the Company or otherwise this Agreement shall be assigned with
full substitution by the Issuer to the Illinois Development Finance Authority or other state or
local agency having power to finance the Project and willing to accept such assignment, and
upon such assignment all obligations of the Issuer hereunder shall tenminate.
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IN WITNESS WHEREOF, the parties hereto have entered into this agreement by their
officers thereunto duly authorized as of the day of March, 2002.
UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS
By e"
Mayor
[SEAL]
ATTEST:
Cily Clerk
YORKVILLE GARDENS, L.L.C.
By
Manager
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MINUTES of a regular public meeting of the City Council of the
United City of Yorkville, Kendall County, Illinois, held at the City
Hall at 800 Game Farm Road, Yorkville, Illinois, at 7:00 o'clock,
P.M., on the day of March, 2002.
The Mayor called the meeting to order, and directed the City Clerk to call the roll. Upon
the roll being called, Arthur F. Prochaska, Jr., the Mayor, and the following City Council
Members answe d present:, ` d-
The following City Counci Members were absent:
(OTHER BUSINESS
The following Resolution was presented by the City Clerk, and read in full:
Yorkville Gardens
0000400•CU•3/4/02
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY
OF YORKVILLE.KENDALL COUNTY,ILLINOIS,HELD IN THE CITY COUNCIL
CHAMBERS,800 GAME FARM ROAD,ON TUESDAY,MARCH 12,2002.
Mayor Prochaska called the meeting to order at 7:00 p.m.and led the Council in the Pledge of
Allegiance.
Mayor Prochaska asked those present to join him in a moment of silence in memory of Ellsworth
Windett,the first mayor of the United City of Yorkville who passed away on Sunday,March 10,
2002.
ROLL CALL
Clerk Milschewski called the roll.
Ward I James Absent
Sticka Present
Ward II Burd Present
Kot Present
Ward III Anderson Present
Munns Present
Ward IV Besco Present
Spears Present
QUORUM
A quorum was established.
INTRODUCTION OF GUESTS
Mayor Prochaska welcomed guests and asked those present to enter their name on the attendance
sheet provided-
AMENDMENTS TO THE AGENDA
Mayor Prochaska amended the agenda by stating that he received a number of calls from some of
the local builders with questions about the adoption of the International Building Codes. The
mayor asked that the Council table the adoption of the codes and the revision to the amended
building permit fee ordinance until after the next Committee of the Whole meeting on March 14,
2002.
Alderwoman Spears informed the Council that the Administration Committee meeting for March
14,2002 was cancelled
COMMITTEE MEETING DATES
Public Works Committee 6:30 P.M.,Monday,March 25,2002
City of Yorkville Conference Room
800 Game Farm Road
Economic Development Committee 7:00 P.M.,Thursday,March 21,2002
City of Yorkville Conference Room
800 Game Farm Road
Administration Committee 6:30 P.M.,Thursday,April 11,2002
City of Yorkville Conference Room
800 Game Farm Road
Public Safety Committee 6:30 P.M.,Thursday,March 28,2002
City of Yorkville Conference Room
800 Game Farm Road
CITIZEN COMMENTS:
None
PRESENTATION:
Mayor Prochaska stated that this was the third year for the Illinois Women of Achievement
Award. Yorkville resident JoAnne Behrens,coordinator of the Salvation Army Beecher Nutrition
Site,was a recipient of one of the awards. Mayor Prochaska presented her with a Certificate of
Appreciation for her work with the Golden Diners Program.
u Ms.Behrens thanked the Council for their support and stated that this is the thirtieth year for the
program,which has eighty volunteers providing meals to seniors in the area.
The Minutes of the Regular Meeting of the City Council-March 12,2002-page 2
PLANNING COMMISSION/ZONING BOARD OF APPEAL/SIGN REVIEW BOARD
No report.
MINUTES FOR APPROVAL
A motion was made by Alderman Anderson to approve the minutes of the City Council meeting
for February 26,2002;seconded by Alderman Munns.
Motion approved by a viva voce vote.
BILLS FOR APPROVAL
A motion was made by Alderwoman Spears to approve the bills from the bill list dated March 8,
2002. Checks in the amount of$317,983.09(vendor),$86,709.29(payroll period ending 2/23/02)
total$404,69238:seconded by Alderman Anderson.
Motion approved by a roll call vote. Ayes-7 Nays-0
Besco-aye,Burd-aye,Kot-aye,Munns-aye,Sticka-aye,Spears-aye,Anderson-aye
REPORTS
ATTORNEY'S REPORT
No report.
MAYOR'S REPORT
Ellsworth Windett
Mayor Prochaska expressed his sympathies to the family of Ellsworth Windett. The mayor stated
that he had occasion to meet with Mr.Wmdett and he had a wealth of knowledge in the history of
the United City of Yorkville and was always willing to share this with others.
Coffee with the Mayor
Mayor Prochaska reported that Saturday,March 16,2002"Coffee with the Mayor"would be held
at Club 47. He stated that he did not have the time yet but would advise everyone when he did.
Election Dav
Mayor Prochaska reminded everyone that March 19,2002 was Election Day and everyone should
get out and vote. He stated that he supported the School Board's referendums because the City's
schools are its greatest asset. He opened the floor to the Council for their comments and
Aldermen Burd,Anderson and Kot voiced their support for the referendum..
Nicor
Mayor Prochaska reported that he received information from Nicor regarding two new programs
where gas users could#I select their users and#2 have a fixed bill. He indicated he would make
the information available for anyone interested.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
City Treasurer Allen reported that he had the opportunity to meet with Police Chief Martin to
discuss the Police Pension Board. He indicated that he looked forward to working with the
administrative staff to provide them with a copy of the City's investment policy. He stated that
this would help the Board work in compliance with State laws.
CITY ADMINISTRATOR'S REPORT
No report.
FINANCE DIRECTOR'S REPORT
No report.
DIRECTOR OF PUBLIC WORKS REPORT
Flags
Director Eric Dhuse reported that Public Works employees had been taking down flags in the city
in order to repair brackets and poles and to replace flags that were in disrepair. Public Works
hopes to have all the repairs done by Memorial Day. Also,the wind during the last week had
broken a few ornamental lights.
The Minutes of the Regular Meeting of the City Council-March 12,2002-Page 3
Fire Hydrants
Mayor Prochaska noted that he saw a press release regarding that day's fire flow testing of the
hydrants. Mr.Dhuse reported that fire hydrants were being tested,not flushed,through out the
city. Mayor Prochaska asked Mr.Dhuse to please give more notice of this in the future so that
the testing information could be placed in the newspapers in order to inform residents.
CHIEF OF POLICE REPORT
Officer Retiring
Chief Martin reported that Officer Jerry lkemire had tendered his resignation effective Tuesday,
March 19,2002. Chief Martin stated that Officer lkemire,who has been a Yorkville Police
Officer for eleven years,is leaving law enforcement and pursuing self-employment. He stated
that Officer Ikemire has done a fine job and will be missed. Chief Martin wished him luck in his
new endeavor.
COMMUNITY&LIAISON REPORT
Alderman Sticka reported that the Library Board had voted to accept a report they had prepared
by a consultant. The report concerned an addition to the existing building or construction of a
new library. The City Council will be able to review it at the next Committee of the Whole
(COW)meeting and it could be accepted at the following City Council meeting. Mayor
Prochaska noted that the Council would want to approve the report before the Library takes the
next step. He stated that he asked if a few members of the Library Board could attend the COW
meeting in order to advise the Council as to what has taken place so far.
OLD BUSINESS
Alderwoman Spears brought up appointing a chairman to the Redistricting Committee. Mayor
Prochaska suggested doing this at the Committee meeting. Alderman Munns stated that they
wanted to get this going so someone would be able to attend the first meeting. It was decided that
the Committee would have a short meeting to appoint a chairman.
NEW BUSINESS
None.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
Water Supply System Alarm
A motion was made by Alderman Kot to approve Wire Wizard of Illinois,Inc.to purchase and
install an alarm system for the water supply system not to exceed$2,800.00;seconded by
Alderwoman Spears.
Alderwoman Spears asked if anyone was still checking to see if a grant was available for this and
Chief Martin stated that he is still researching but hasn't found one available yet.
Motion approved by a roll call vote. Ayes-7 Nays-0
Burd-aye,Kot-aye,Munns-aye,Spears-aye,Stcka-aye,Anderson-aye,Besco-aye
(Resolution)2002-02 MFT for Game Farm Road&Route 34
A motion was made by Alderman Kot to approve the MFT Appropriation Resolution in the
amount of$21,189.00 for design engineering for the Route 34/Game Farm Road Traffic Signal
and to authorize the Mayor and City Clerk to execute the said resolution;seconded by Alderman
Sticky
Mayor Prochaska asked if this was affecting the timing of this project and Administrator Graff'
stated that it was still on schedule and the light should be installed before school begins in the
fall.
Motion approved by a roll call vote. Ayes-7 Nays-0
Kot-aye,Munns-aye,Spears-aye,Sticka-aye,Anderson-aye,Besco-aye,Burd-aye
Sunflower Estates Unit 1-Bond Reduction No.3
A motion was made by Alderman Kot to approve the Sunflower Estates Unit 1,Bond Reduction
Number 3 in the amount of$16,901.22 as recommended by the City Engineer;seconded by
Alderman Sticks
Motion approved by a roll call vote. Ayes-7 Nays-0
Kot-aye,Munns-aye,Spears-aye,Sticka-aye,Anderson-aye,Besco-aye,Burd-aye
The Minutes of the Regular Meetine of the City Council-March 12,2002-page 4
ECONOMIC DEVELOPMENT COMMITTEE REPORT
(Ordinance)2002-02 PC 2002-04 Primus Corporation Rezone
A motion was made by Alderman Sticka to approve PC 2002-04 Primus Corporation Rezoning of
�i 3 acres to B3 located in the Fox Hill Development:seconded by Alderman Anderson.
Alderman Sticka commented that this is an agreement that was made some time ago to exchange
land on Route 34 for business zoning with parkland. Mayor Prochaska clarified that the rezoned
area is adjacent to property that is already zoned B3.
Motion approved by a roll call vote. Ayes-7 Nays-0
Munns-aye,Spears-aye,Sticka-aye,Anderson-aye,Besco-aye,Burd-aye,Kot-aye
Buildine Department Reports
A motion was made by Alderman Sticka to accept the November 2001,December 2001 and the
January 2002 building reports as presented;seconded by Alderwoman Spears.
Motion approved by a viva voce vote.
Yorkville Economic Development Corporation-
City's Contribution
A motion was made by Alderman Sticka to accept the three-year commitment between the
Yorkville Economic Development Corporation and the United City of Yorkville with an annual
amount of$45,000.00,which will include 2003,2004,and 2005;seconded by Alderwoman
Spears.
Motion approved by a roll call vote. Ayes-7 Nays-0
Anderson-aye,Besco-aye,Burd-aye,Kot-aye,Munns-aye,Spears-aye,Sticka-aye
Adoption of 2000 International Buildine Codes
A motion was made by Alderman Sticka to table the approval of the ordinance for the adoption of
the 2000 International Code Council Building Codes;seconded by Alderwoman Burd.
Motion approved by a roll call vote. Ayes-7 Nays-0
Besco-aye,Burd aye,Kot-aye,Munns-aye,Spears-aye,Sticka-aye,Anderson-aye
Revision to Amended Buildine Permit Fee Ordinance
A motion was made by Alderman Sticka to table the approval of the revised ordinance amending
building permit fees;seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes-7 Nay"
Burd-aye,Kot-aye,Munns-aye,Spears-aye,Sticka-aye,Anderson-aye,Besco-aye
(Resolution)2002-03 Yorkville Garden Apartments-
Intention to Issue Revenue Bonds
A motion was made by Alderman Sticka to approve the Resolution of Intention to issue revenue
bonds for Yorkville Gardens L.L.C.,in an aggregate principal amount not to exceed
$15,000,000.00 and approval of the revenue bond ordinance is contingent on a development
agreement between both parties addressing building design,construction improvements and
development site plan;seconded by Alderwoman Spears.
Mayor Prochaska noted that Anthony Birkla from Brisbon Development was present and asked
the Council if they had any questions for him.
Alderman Sticka asked if he had seen the motion and understood what it involved from the
developer's standpoint. He also asked if the developer had any problems with it. Mr.Birkla
stated he had seen it and everything was in order.
Administrator Graff pointed out that Mr.Birkla met with the adjacent developer,Tucker
Development. Mr.Birkla reported that he spoke with John Donahue,vice-president of Tucker
regarding their plan for the apartments. He showed him the renderings and Mr.Donahue
expressed his surprise not only at Brisbon's product but also at the opportunity to meet the
developer"next door". Mr.Graff expressed appreciation in Mr.Birkla's effort.
Mayor Prochaska asked Attorney Kramer to clarify that the final vote would be subject to a
development agreement,which he did.
T
The Minutes of the Regular Meeting of the City Council-March 12,2002-page 5
Alderman Sticka stated that it is not the City of Yorkville that will be issuing the bonds or taking
on a bond obligation.
Motion approved by a roll call vote. Ayes-7 Nays-0
Kot-aye,Mumrs-aye,Spears-aye,Sticka-aye,Anderson-aye,Besco-aye,Burd-aye
PUBLIC SAFETY COMMITTEE REPORT
Police Reports
A motion was made by Alderman Anderson to accept the February 2002 monthly police report as
presented;seconded by Alderwoman Spears
Motion approved by a viva voce vote.
Lightenine Siren
A motion was made by Alderman Anderson to accept the Lightening Siren policy as presented by
the Chief of Police;seconded by Alderwoman Spears.
Alderman Anderson commented that the latest revision the Council received contained a change
to page 1 section 4 paragraph D,which now indicates the date of April 1"to coincide with the
date the siren is operational.
Alderman Kot asked if the other government agencies such as the school district,do not approve
the policy,is it still in effect. Attorney Kramer stated that he was not worried about this and
Chief Martin stated that he had spoken with the school district and they were willing to look over
the policy and agree to it for the safety of the school children.
Administrator Graff stated that the City does contract out for events and how would they hold
these groups liable? Attorney Kramer stated that a clause should be placed in the rental contract.
Motion approved by a roll call vote. Ayes-7 Nays-0
Munns-aye,Spears-aye,Sticka-aye,Anderson-aye,Besco-aye,Burd-aye,Kot-aye
Purchase of a Sauad Car
A motion was made by Alderman Anderson to approve the purchase order to purchase a 2002
Chevrolet Impala Squad car not to exceed$19,000.00 as presented by the Chief of Police,
contingent on FY01/02 capital budget,development fee revenue collection for payment of the
vehicle before April 30,2002;seconded by Alderwoman Spears.
Motion approved by a roll can vote. Ayes-7 Nays-0
Spears-aye,Sticka-aye,Anderson-aye,Besco-aye,Burd-aye,Kot aye,Munns-aye
ADMINISTRATION COMMITTEE REPORT
(Ordinance)2002-03 Fog Industrial Bond Issue
A motion was made by Alderwoman Spears to approve the Bond Ordinance for the Fox Industrial
Park public improvement not to exceed$625,000.00;seconded by Alderwoman Burd
Mayor Prochaska commented that Kevin McCann of Speer Financial was present and asked if
the Council had any questions for him.
Administrator Graff asked Attorney Kramer if the Council should be authorizing Mr.McCann or
Finance Director Traci Pleckham to sell the bonds or was this an-inclusive in the ordinance. Mr.
Kramer stated that this was usually included in the ordinance and a separate motion was not
needed
Mayor Prochaska noted that ibis process would close on March 25,2002 and this would be in
time for the bids that were presented to the city. He stated that the bid was accepted subject to the
city getting the bonds before March 27,2002.
Administrator Graff asked what the interest rate was for the bonds and Mr.McCanna stated that
the rate was 4.498%for ten years.
Alderwoman Spears asked if Union Bank and West Bank(two banks interested in opening
branches in Yorkville)were contacted regarding the bonds. Mr.McCann stated that four banks
were contacted and three,Castle Bank,Old Second and Union Bank,responded Castle Bank
came in with the best bid but after the bids were accepted,he realized that the bonds were to be
'The Minutes of the Reeular Meetine of the City Council-March 12,2002-Paee 6
designated bank qualified. This meant that City would state that they would not issue anymore
that 10 million dollars on bonds this year. He felt that because of the City's water issues,it was
too early in the year to commit to this limit. He declined the bank offers and went into the
general market place where the bonds were purchased by Bemardi Securities.
Motion approved by a roll call vote. Ayes-7 Nays-0
Sticka-aye,Anderson-aye,Besco-aye,Burd-aye,Kot-aye,Munns-aye,Spears-aye
Architect for City Hall/Police Department
A motion was made by Alderwoman Spears to approve Williams Architect to conduct the Office
Space Program Analysis Study for City Hall/Police Department,not to exceed$10,000.00;
seconded by Alderman Munns.
Administrator Graff stated that the firm would be doing an analysis of current use and project for
the future use of the building. The study should be completed in 90 days at which time the City
will know how to redesign the space to meet its demands.
Alderwoman Burd commented that it was nice to be able to use a company that includes someone
who want to school in Yorkville and is enthusiastic in his plan for the use of the facility.
Motion approved by a roll call vote. Ayes-7 Nays-0
Anderson-aye,Besco-aye,Burd-aye,Kot-aye,Munns-aye,Spears-aye,Sticka-aye
ADDITIONAL BUSINESS
None.
ADJOURNMENT
Mayor Prochaska noted that there was no Executive Session as indicated on the agenda He
entertained a motion to adjourn. So moved by Alderwoman Spears;seconded by Alderman
Munns.
Motion approved by a viva voce vote.
Meeting adjourned at 7:37 P.M.
Minutes submitted by:
Jacquelyn Milschewsk-4 City Clerk
City of Yorkville,Illinois
i
I .
I
I
BRISBEN COMPANIES
REAL ESTATE DEVELOPMENT CONS ucyoN AND MANAGEMENT SINCE 1975
7800 EAST KEmPER ROAD • CiNcmmn,Omo 45249 • (513)489-1990 • FAX (513)489-2780
March 18, 2002
Holly J. Baker
Administrator's Assistant
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
RE: Resolution Of Intention To Issue Revenue Bonds
Dear Mrs. Baker:
Enclosed please find three signed copies of the Resolution of Intention to Issue
Revenue Bonds. If you need additional information prior to the meeting please feel free
to call me at(513) 469-5148.
Very Truly Yours,
BRISBEN ADVISORS, INC.
Anthony W. Birkla
Development Manager
Midwest Region
Enclosures
REMOVAL OFF M:
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