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City Council Packet 2003 01-14-03 D Ci ;u ° United City of Yorkville County Seat of Kendall County EST. _t836 800 Game Farm Road \1= ,� Cl) Yorkville. Illinois 60560 AGENDA 0 11 L- 0 Phone:630-553-4350 CITY COUNCIL MEETING K ��. �= Fax:630-553-7575'f'L�� ,v CITY COUNCIL CHAMBERS 7:00 PM Tuesday, January 14, 2003 Call to Order: 7:00 p.m. Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Rich Sticka Valerie Burd Marty Munns Joe Besco Paul James Larry Kot Mike Anderson Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: 6:30 p.m., Monday, January 27, 2003 City Hall Conference Room Economic Development Committee: 7:00 p.m., Thursday, January 16, 2003 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday, February 13, 2003 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday, January 23, 2003 City Hall Conference Room Presentations: 1. State Representative Tom Cross Citizen Comments: Public Hearings: Plan Commission /Zoning Board of Appeals: City Council Meeting Agenda January 14, 2003 Page 2 Minutes for Approval(Corrections and Additions): Minutes of City Council —December 10, 2002 and December 17, 2002 Minutes of Committee of the Whole—None Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 417,016.21 (vendor) $ 104,449.72 (payroll period ending 12/14/02) $ 103,906.44 (payroll period ending 12/28/02) $ 625,372.37 (total) Reports: Mayor's Report: 1. Appointment of Larry Hilt to Sergeant 2. Yorkville Dam Advisory Committee Meeting Date Change from January 16t to February 6th 3. Open Land Trust Fund Grant Attorney's Report: City Clerk's Report: City Treasurer's Report: 1. November 2002 Treasurer's Report City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Executive Director of Parks & Recreation Report: Community&Liaison Report: City Council Meeting Agenda January 14, 2003 Page 3 Committee Reports: Public Works Committee Report: 1. Cannonball Hill -Letter of Credit Reduction#3 2. Heartland Professional Building Plat of Easement 3. Yorkville-Bristol Sanitary District Agreement -Radium Compliance 4. Proposed Heartland Regional Pump Station - Deuchler Proposal for Preliminary Engineering Services Economic Development Committee Report: 1. Rescinding first set of signed Kylyn's Ridge SSA's a. Ordinance 2002-44 Enabling Ordinance to Create Special Tax Service Area b. Ordinance 2002-45 Establishing Special Tax Service Area 2. Adoption of 2000 International Code Council Building Codes 3. PC 2002-25 Daniel Lanoisz - 1 '/2 Mile Review of Garden Center 4. PC 2002-26 Rose Hill - 1 '/2 Mile Review of Preliminary Plat of Subdivision for Northwest Corner of Hilltop Road and Minkler Road 5. Ordinance Amending Title 10, Chapter 8, Article B, Section 1 of the Yorkville City Code (Special Use- Concrete Plants) 6. Ordinance Amending Title 10, Chapter 8, Article A, Section 1 of the Yorkville City Code (Permitted Use in M-1 District -Rental Equipment) 7. November 2002 Building Permit Reports Public Safety Committee Report: Administration Committee Report: 1. Resolution Creating Administration Secretary Job Description 2. GASB 34 Project Implementation Proposal 3. Resolution Approving the Revised Job Description for Administrator's Assistant 4. Agreement between United City of Yorkville Parks& Recreation Department and Yorkville Youth Baseball/Softball Association Executive Session: 1. Collective Negotiating -For the purpose of negotiating matters between public employers and their employees or representatives. 2. Land Acquisition-For the purpose of purchasing, leasing or selling of real property for the use of the public bodies being considered. Additional Business: Adjournment: City Council Meeting Agenda January 14, 2003 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2002—2003 PUBLIC WORKS Committee Departments Liaisons Chairman: Alderman Kot Water and Sewer Park Board Vice-Chair: Alderman Besco Streets and Alleys YBSD Committee: Alderman Sticka Sanitation and Waste Committee: Alderman Munns ECONOMIC DEVELOPMENT Committee Departments Liaisons Chairman: Alderman Sticka Planning&Building& Zoning Chamber of Commerce Vice Chair: Alderwoman Burd Business & Economic Dev. Kendall County Econ. Dev. Committee: Alderman Anderson Plan Commission Committee: Alderman Besco Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention& Tourism Council Downtown Re-development PUBLIC SAFETY; Committee Departments Liaisons Chairman: Alderman Anderson Police Human Resource Comm. Vice Chair: Alderman James Schools School District Committee: Alderwoman Spears Public Relations KenCom Committee: Alderman Kot jADMINISTRATION1 Committee Departments Liaisons Chairman: Alderwoman Spears Finance Metra Vice Chair: Alderman Munns Public Properties Library Committee: Alderwoman Burd Personnel Cable Consortium Committee: Alderman James 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 TUE DAY,DECEMBER 10, 2002. Mayor Prochaska called the meeting to order at 7:00 p.m.and led t DrittAFgT Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Sticka Present Ward II Burd Present Kot Present Ward III Anderson Present Munns Absent 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 noted that the presentation for State Representative Tom Cross was going to be postponed as Representative Cross was unable to attend. COMMITTEE MEETING DATES Public Works Committee 6:30 P.M.,Monday,December 23,2002 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,December 19,2002 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 6:30 P.M.,Thursday,December 12,2002 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M.,Wednesday, December 18,2002 City of Yorkville Conference Room 800 Game Farm Road PRESENTATION • Speer Financial Mayor Prochaska turned the floor over to Barbara Chevalier,Vice President of Speer Financial, for a presentation on the refinancing of City Hall. Ms.Chevalier distributed a letter dated December 10,2002(see attached)regarding a bid from Bernardi Securities,Inc.for the purchase of Refunding Debt Certificates, Series 2002A being sold by the United City of Yorkville. The certificates were issued in 1990 and were based on a balloon plan. Bernardi has offered to • purchase the Debt Certificates at a net interest cost of 4.8879%which is very favorable. Speer Financial recommends the bonds be awarded to them. Also attached to the letter is the debt service schedule. Ms.Chevalier asked if the Council had any questions. Alderman Sticka asked what the difference was between a debt certificate and a bond. Ms. Chevalier explained that for a community to issue bonds there has to be a referendum but this is not necessary with debt certificates. Also,debt certificates do not require a specific stream of revenue to be identified but do count against the City's borrowing ability. Mr.Graff asked when the original debt certificates balloon payment was scheduled and Ms. Chevalier stated that this was due in 2005. Mr.Graff noted that the rates are locked in for the term of the certificates. The Minutes of the Regular Meeting of the City Council-December 10,2002-page 2 Mayor Prochaska commented that interest rates are favorable so this is an opportune time to move forward. The payments for the new debt certificates are only slightly higher. Ms. Chevalier stated that the payments are about$100,000.00/year. There were no further questions or comments. CITIZEN COMMENTS None. PUBLIC HEARINGS Wetland Protection Ordinance Mayor Prochaska entertained a motion to go into public hearing for the Wetland Protection Ordinance. So moved by Alderman Sticka;seconded by Alderman Anderson. Motion approved by a roll call vote. Ayes-7 Nays-0 Anderson-aye,Besco-aye,Burd-aye,James-aye,Kot-aye,Spears-aye, Sticka-aye City Attorney Kramer explained that there was a United States Supreme Court decision that stated that the Army Corp of Engineers does not have jurisdiction over certain wetland areas such as those not connected to navigable streams,migratory bird paths,etc. In the Yorkville area are such wetlands which may need to be preserved. This ordinance will establish a uniform policy and standards for these situations. Attorney Kramer turned the floor over to Becca Cerf of Conservation Design Forum(CDF)for further information. Ms.Cerf addressed the Council and distributed an outline for the ordinance. She discussed that the draft ordinance was developed by using the best of the language from four other ordinances in effect in Kane,Lake and DuPage Counties as well as the state of Michigan. CDF also tried to be respectful of developers while drafting the ordinance. The standards for the protection of the wetlands include buffer requirements,wetland hydrology protection,detention in wetlands, discharge into the wetlands and the protection of all preserved wetlands. She stated that the ordinance would require baseline data on all wetland areas and after development occurs the periodic re-evaluation of the areas. There will also be language regarding wetland quality;i.e. roadside ditches versus high quality wetlands and will also include the standard requirements for a wetland permit. The floor was open to public comments or questions. Richard Guerard with Wyndham Deerpoint Homes stated that he had a number of comments for the Council but he felt it would be more appropriate to address them in a letter form. He asked the Council to approach the ordinance as if they were willing to apply the regulations in it to the City itself. He stated that with this in mind,they will see how onerous and expensive the ordinance can be. He felt that a swale,ditch or anything like it that is man made should never be considered wetland. He also asked for flexibility with the width of buffers. There was no further public comments so the floor was opened to the Council. Alderman Sticka asked if someone has already built a structure in an area that is considered a buffer area would this be a violation. Ms.Cerf stated that the ordinance would not affect anything currently in place but anything developed after the ordinance's effective date. He asked if the types of plants helped to designates the quality of wetlands. Ms.Cerf stated that sediments and nutrients in a wetland change the type of vegetation growing in them. Alderman Sticka pointed out that Purple Loosestrife is found growing around attractive wetlands areas. He asked that since this plant is not deemed"valuable"would its presence indicate that the wetland does not need as much protection as one without the plant. Ms.Cerf indicated that Purple Loosestrife is evasive,has no natural insect to control it,is not a native plant and wetlands with this plant loose their value in terms of function. However,this plant can be useful in detention areas which are a lower quality wetland area. Mayor Prochaska noted that page 9,#8 of the ordinance refers to the use of buffer areas as passive recreation areas. He asked Attorney Kramer if this would conflict with the Land Cash Ordinance. Attorney Kramer did not feel it necessarily conflicted with it. He noted that CDF was involved in the restoration and creation of a wetland area in the Deerpath Creek development in Oswego. The Park District did take this as part of their land cash contribution because they wanted the area preserved. Mayor Prochaska clarified that a buffer area could be offset by credit towards land cash if it is designed correctly and Attorney Kramer stated that this was correct. The Minutes of the Regular Meeting of the City Council-December 10,2002-page 3 Alderman Sticka asked if the ordinance addressed any existing situations where a wetland area is being polluted. Ms.Cerf stated that this falls under the Environmental Protection Agency's (EPA)jurisdiction and needs to be reported to them. Alderman Sticka stated that the ordinance was named the United City of Yorkville Wetland Protection Ordinance and he felt it should protect existing wetlands.Attorney Kramer explained that the intent is to protect wetlands from the design stage. Alderman Sticka pointed out Section 1.3 of the ordinance and stated that it does not mention the fact that the ordinance is just for new development. He felt the purpose of the ordinance should be clarified. Mayor Prochaska asked if an existing structure that is grand fathered into a wetland area is destroyed for whatever reason could it be rebuilt. Attorney Kramer noted that language was taken from the Kane County ordinance which is very restrictive and protects non jurisdictional wetlands. They put some savings provisions in to address circumstances such as this. The structure could be rebuilt within the original footprint but if it is changed or expanded the new ordinance would apply. Mr.Graff made a clarification that notices regarding this public hearing were sent out to current developments that will be going before the Plan Commission. He asked in the event written comments are received how they should be handled. Mayor Prochaska stated that any comments should be copied to the Council as they are received. Mr.Graff asked Alderman Sticka how he would like the purpose of the ordinance clarified and Alderman Sticka stated that the first item under the purpose of the ordinance should be that this addresses new development and does not pertain to existing wetlands. Alderman James asked if the ordinance was going back to committee and it was decided to send it back to the Public Works Committee in January for their recommendation of the revised draft. There were no further comments or discussions. Mayor Prochaska entertained a motion to close the public hearing for the Wetland Protection Ordinance. So moved by Alderman Kot;seconded by Alderman James. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye,Spears-aye,Sticka-aye,Anderson-aye Park and Open Space Developers Policy Mayor Prochaska entertained a motion to go into public hearing for the Park and Open Space Developers Policy. So moved by Alderwoman Burd;seconded by Alderman Anderson. Motion approved by a roll call vote. Ayes-7 Nays-0 Anderson-aye,Besco-aye,Burd-aye,James-aye,Kot-aye, Spears-aye, Sticka-aye Park and Recreation Director Laura Brown addressed the Council and explained that a policy has been developed as a guideline for accepting park land from developers. The first section is definitions of terms. The second is for accepting land/cash donations and lists the variables depending on the development,land situation,etc. The third section clarifies the minimum acceptable standards for the donations the Park Board will accept. This section also provides for resident input for park sites. The floor was opened for public comments for questions. Richard Guerard of Wyndham Deerpoint Homes asked the Park Board to consider dry ponds/detention areas that are under drained and graded properly for recreational areas and give the developer partial credit towards land cash. He commented that the four bedroom minimum for single-family homes used to calculate total population should be reconsidered. He felt that three bedroom homes had less impact on the schools and parks. He also commented that he like the idea of trail standards but suggested the there should be more flexibility them. Mayor Prochaska noted that it had been discussed to use a percentage based on an average when calculating total population. Mr.Graff stated that an analysis was done and it was noticed that the average of four bedroom homes is well over 50%. He also stated that other communities have a 75/25 mix,75%four bedrooms and 25%three bedrooms and this could be something to consider. Attorney Kramer agreed that it is more common to have the split. There were no further public comments or questions. Mayor Prochaska stated that Mr.Guerard's comment regarding detention areas was a good comment and something to consider. The Minutes of the Regular Meeting of the City Council-December 10,2002,2002-page 4 Park Board member Ken Koch commented that it will be good to have a policy in place for future dealings with developers. Mr.Graff noted that City Planner Mike Schoppe and some developers are putting comments together which he will make available to everyone when he receives them. Mayor Prochaska suggested that the Park Board review the comments and see if they need to adjust the policy. The City Council agreed. Alderman James suggested that the policy be change to notate the Land/Cash Ordinance 1996-03 without the verbiage. There were no further comments or discussions. Mayor Prochaska entertained a motion to close the public hearing for the Park and Open Space Developers Policy. So moved by Alderman Anderson;seconded by Alderwoman Burd. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye, Spears-aye, Sticka-aye,Anderson-aye 2002 Tax Levy Mayor Prochaska entertained a motion to open the public hearing for the 2002 Tax Levy. So moved by Alderman Anderson;seconded by Alderwoman Burd. Motion approved by a roll call vote. Ayes-7 Nays-0 Anderson-aye,Besco-aye,Burd-aye,James-aye,Kot-aye, Spears-aye,Sticka-aye Attorney Kramer stated that this is the time to extend the amount of tax revenues received in the previous year. If there is an increase from last years extension higher than 5%there needs to be a truth in taxation hearing. The City is over the 5%in terms of the actual dollars received from real estates taxes. However,due to the growth of the area,the Equalized Assessed Valuation(EAV) has grown so the actual tax rate for the city has declined. Mayor Prochaska noted that the dollar amount that the City is looking to extend is$1,476,592.00 which represents a 17.6%increase over the previous year($1,255,485.21). He stated that the expected EAV is$161,800,530.00 for an increase of 19.67%. The policy has been to take the increase and work backwards to try and keep the City portion of the real estates taxes from increasing. The floor was opened for public comments or questions. There were none. The floor was opened for Council comments or questions. There were none. The Mayor noted that the ordinance will come before the Council for a vote and the next City Council meeting on December 17,2002. Mayor Prochaska entertained a motion to close the public hearing for the 2002 Tax Levy. So moved by Alderman Anderson;seconded by Alderwoman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye,Spears-aye, Sticka-aye,Anderson-aye 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 from November 12,2002:seconded by Alderman James. Motion approved by a viva voce vote. A motion was made by Alderman Anderson to approve the minutes of the Committee of the Whole meeting from October 15,2002:seconded by Alderwoman Burd. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderwoman Spears to approve the paying of the bills listed on the Vendor Invoice Register#226 dated December 6,2002. Checks in the amount of$454,117.78 The Minutes of the Regular Meeting of the City Council-December 10,2002,2002-page 5 (vendor),$98,040.54(payroll period ending 11/162/02),for a total of$552,158.32:seconded by Alderwoman Burd. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye,Spears-aye, Sticka-aye,Anderson-aye REPORTS ATTORNEY'S REPORT Attorney Kramer noted that the closing on the CorLands property along the river would be December 18,2002. MAYOR'S REPORT Christmas Walk Downtown Mayor Prochaska reported that the City would have its annual Christmas Walk on December 13, 2002. The Christmas tree will be lit at 6:00 P.M.on the corner of Hydraulic and Bridge Streets. House Walk and Christmas Walk at Countryside Center Mayor Prochaska reported that on Saturday,December 14,2002 Countryside Center will be having its Christmas Walk and the Yorkville Juniors Women's Club will also have a Christmas House Walk. Park Board,Facade Committee and Human Resource Committee Openings Mayor Prochaska reported that he has received a letter of resignation from Bill Wedge on the Park Board and there are now two openings on the Board. Also there are openings on the Facade Committee and the Human Resource Committee. Anyone interested in serving on these committees should contact him. Letter of Thanks Mayor Prochaska read a letter of thanks sent to the City from Mr.Brook McDonald of the Conservation Foundation regarding its support of the Kendall County Forest Preserve District Referendum. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT City Treasurer Allen requested a motion to accept the October 2002 Treasurer Report as presented. So moved by Alderman Anderson;seconded by Alderman James. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye, Sticka-aye,Anderson-aye,Besco-aye,Burd-aye,James-aye,Kot-aye Treasurer Allen expressed his concern regarding what he could present in the City Treasurer report. He stated that when someone has something to say that the Mayor wants to hear he is willing to listen to them however because he is not willing to say everything the Mayor wants to hear,he is not able to speak freely. He felt that it was not appropriate for the Mayor to constrain his statements concerning things not on the agenda. The Mayor noted that when Mr.Allen gives his Treasurer's Report it is accepted. CITY ADMINISTRATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Director Eric Dhuse reported that the was a water main break in front of the Middle School earlier in the day but it has been repaired. CHIEF OF POLICE REPORT Chief Martin reported that there was a break in a wire which controls the railroad crossing on Route 47 during the night but it was fixed by around 9:30 this morning. DIRECTOR OF PARKS&RECREATION Director Laura Brown reported that there will be Christmas caroling in Town Square Park on December 20,2002 at 7:00 P.M. The Minutes of the Regular Meeting of the City Council-December 10,2002,2002-page 6 COMMUNITY&LIAISON REPORT Park Board Meeting Alderman James reported that at the Park Board meeting on December 4,2002 there was a presentation by Burbach Aquatics. It was determined that a 12,000 square foot pool would be needed in the next three to five years. In another ten to fifteen years,a 30,000 square foot pool would be needed. It was suggested to have a 15,000 square foot pool on each side of town. They also identified that six to seven acres would be needed. They presented different options and the cost for them. Ms.Brown added that Burbach will be presenting another draft which will include operation costs along with construction costs in January. The Board will then have a full document with a comparison analysis,design concept and costs. Library Board Meeting Alderman Sticka reported that the Library Board has received preliminary information from the architect showing potential layouts for the new library. The architects are hoping to make a presentation to the City Council in February. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Grande Reserve-Metro Traffic Study Contract A motion was made by Alderman Kot to approve the agreement between Metro Transportation Group,Inc.and the United City of Yorkville for the traffic engineering services for Grande Reserve and authorize the City Engineer to sign the agreement.(Note:This study is funded by the developer MPI);seconded by Alderman Sticka. Alderman Kot stated that Metro has indicated that they can do more counts at an additional cost and he asked if the additional cost would be paid for by the developer. Mr.Graff stated that MPI is committed to pay for all the necessary needs and/or request of the City and they will put up a deposit to cover the fees.. Motion approved by a roll call vote. Ayes-7 Nays-0 Sticka-aye,Anderson-aye,Besco-aye,Burd-aye,James-aye,Kot-aye, Spears-aye Revised Route Schedule—Waste Management A motion was made by Alderman Kot to approve the revised route schedule from Waste Management for garbage pickup beginning in March 2003;seconded by Alderman Sticka. Alderman Kot commented that Waste Management sent a letter giving a specific date of March 4, 2003 for the new service pickup. Waste Management is committed to doing all the promotion and advertising in an effort to notify residents of the change. Motion approved by a roll call vote. Ayes-7 Nays-0 Anderson-aye,Besco-aye,Burd-aye,James-aye,Kot-aye, Spears-aye, Sticka-aye Eastern Fox River Crossing Study A motion was made by Alderman Kot to approve the agreement with Smith Engineering Consultants,Inc.for a feasibility study for the eastern Fox River crossing not to exceed $26,250.00 and to authorize the City Engineer to sign the agreement;seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye, Kot-aye, Spears-aye, Sticka-aye,Anderson-aye Water Reports A motion was made by Alderman Kot to accept the September and October 2002 Water Reports as presented;seconded by Alderman James. Motion approved by a viva voce vote. 2002 Snow Plan A motion was made by Alderman Kot to approve the 2002 Snow Plan as presented by the Public Works Director;seconded by Alderman Anderson. Alderman Kot commented that the plan was expanded to include any new streets brought into the City. Motion approved by a roll call vote. Ayes-7 Nays-0 James-aye,Kot-aye,Spears-aye, Sticka-aye,Anderson-aye,Besco-aye,Burd-aye The Minutes of the Regular Meeting of the City Council-December 10,2002,2002—page 7 Cannonball Estates Phase I and II-Letter of Credit Reduction A motion was made by Alderman Kot to approve the Letter of Credit#3 Reduction for Phase I and Phase II of Cannonball Estates as recommended by the City Engineer;seconded by Alderman James. Motion approved by a roll call vote. Ayes-7 Nays-0 Kot-aye,Spears-aye,Sticka-aye,Anderson-aye,Besco-aye,Burd-aye,James-aye Skidsteer& Snow Blower Bid A motion was made by Alderman Kot to approve the purchase of a skidsteer and snow blower from Atlas Bobcat in the amount of$15,022.20;seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Sticka-aye,Anderson-aye,Besco-aye,Burd-aye,James-aye,Kot-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT (Ordinance)2002-51 and 2002-52 The Highlands Annexation Agreement A motion was made by Alderman Sticka to approve an ordinance for the annexation and residential planned unit development zoning for the property commonly known as the Wehrli parcel approximately 134 acres and to approve an ordinance authorizing the amendment to annexation agreement,annexation agreement and planned unit development agreement known as The Highlands Subdivision between the United City of Yorkville and Wyndham Deerpoint Homes,an Illinois partnership Creek Partners,L.L.C.an Illinois liability company;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye, Sticka-aye,Anderson-aye,Besco-aye,Burd-aye,James-aye,Kot-aye Execution of Fox Highland Agreement A motion was made by Alderman Sticka to approve the Mayor and City Clerk to execute the amendment to annexation agreement,annexation agreement and planned unit development agreement known as The Highlands Subdivision between the United City of Yorkville and Wyndham Deerpoint Homes,an Illinois partnership Creek Partners,L.L.C.an Illinois liability company and to authorize the Mayor and City Clerk to sign the agreement;seconded by Alderman Anderson. Motion approved by a roll call vote. Ayes-8 Nays-0 Anderson-aye,Besco-aye,Burd-aye,James-aye, Kot-aye, Spears-aye, Sticka-aye,Prochaska-aye PC 2003-23 Fox River Bluffs: 1'h Mile Review A motion was made by Alderman Sticka to recommend to Kendall County approval of PC 2002- 23 Fox River Bluffs residential subdivision with the following recommendation to comply with our subdivision control ordinance standards pertaining to the estate zoning classification; seconded by Alderman Anderson. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye,Spears-aye, Sticka-aye,Anderson-aye Building Reports A motion was made by Alderman Sticka to accept the September 2002 Building Permit Report; seconded by Alderman Anderson. Motion approved by a viva voce vote. PUBLIC SAFETY COMMITTEE REPORT Monthly Police Reports A motion was made by Alderman Anderson to accept the October 2002 Monthly Police Reports; seconded by Alderwoman Spears. Motion approved by a viva voce Request to Add Additional Sergeant's Position A motion was made by Alderman Anderson to approve the request by the Chief of Police to add an additional Sergeant's position;seconded by Alderman James. Alderman Anderson noted that this would be effective after January 1,2003 and will place a sergeant on each shift. The Minutes of the Regular Meeting of the City Council-December 10,2002-page 8 Motion approved by a roll call vote. Ayes-7 Nays-0 Kot-aye, Spears-aye, Sticka-aye,Anderson-aye,Besco-aye,Burd-aye,James-aye ADMINISTRATION COMMITTEE REPORT Aurora Tourism Contract A motion was made by Alderwoman Spears to approve the Fourth Amended Intergovernmental Cooperation Agreement between the cities of Yorkville,Aurora,Plano,and the villages of North Aurora, Sugar Grove and Montgomery,for services with the Aurora Area Convention&Tourism Council and to authorize the Mayor and City Clerk to sign the agreement;seconded by Alderwoman Burd. Mayor Prochaska noted that while the City searches for an alternative,a program should be in place. Alderman Sticka commented he did not disagree with this but did not feel the contract needed to be for three years. Motion approved by a roll call vote. Ayes-5 Nays-2 Spears-nay, Sticka-nay,Anderson-aye,Besco-aye,Burd-aye,James-aye,Kot-aye Sponsorship Proposal for Park Brochure A motion was made by Alderwoman Spears to approve the sponsorship proposal for the Park and Recreation Brochure as recommended by the Park and Recreation Board;seconded by Alderman James. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye, Sticka-aye,Anderson-aye,Besco-aye,Burd-aye,James-aye,Kot-aye (Ordinance)2002-53 Refinancing of City Hall A motion was made by Alderwoman Spears to approve an ordinance authorizing and providing for a Refunding Loan Agreement for the purpose of refunding an outstanding installment contract of the United City of Yorkville,and authorizing and providing for the issue of$1,280,000 Debt Certificates,Series 2002A. Furthermore,authorizing the Mayor,City Clerk,City Treasurer and Finance Director to execute and sign the documents;seconded by Alderman Anderson. Motion approved by a roll call vote. Ayes-7 Nays-0 Sticka-aye,Anderson-aye,Besco-aye,Burd-aye,James-aye,Kot-aye, Spears-aye EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into executive sessions for the purpose of collective negotiating for the purpose of negotiating matters between public employers and their employees or representatives. He asked that the City Adminsitrator,City Clerk,City Attorney,Chief of Police,City Treasurer and Labor Attorney Bob Smith be included. He stated that there would be no action taken after the session. So moved by Alderman Anderson; seconded by Alderman Besco Motion approved by a roll call vote. Ayes-7 Nays-0 Anderson-aye,Besco-aye,Burd-aye,James-aye,Kot-aye, Spears-aye, Sticka-aye Executive session was entered at 8:20 P.M. The Council returned to regular session at 9:30 P.M. ADDITIONAL BUSINESS None. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Anderson;seconded by Alderwoman Burd. Motion approved by a viva voce vote. Meeting adjourned at 9:30 P.M. Minutes submitted by: Jacquelyn Milschewski,City Clerk City of Yorkville,Illinois PUBLIC FINANCE CONSULTANTS SINCE 1954 ra SPEER FINANCIAL, INC. KEVIN 4V.McCANNA DAVID I- PHILLIPS LARRY P BURGER DANIEL D.1-ORBES BARBARA L.CHEVALIER PRESIBENT SR WI P'.tf[Rkt::\i' S'SCE FRISIDESIT ',Cf,PRESIDENT 'ICF PRISIDF_tiT December 10, 2002 The Honorable Arthur F. Prochaska, Jr. and Members of the City Council United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Dear Mayor Prochaska and City Council Members: Bernardi Securities, Inc., Chicago, Illinois, has submitted a bid for the purchase of $1,280,000 Refunding Debt Certificates, Series 2002A being sold by United City of Yorkville, Kendall County, Illinois. Upon examination, it is our opinion that the bid is favorable to the City and should be accepted. We therefore recommend that the bonds be awarded to the bidder at the net interest cost of 4.8879%. The amounts and rates for each year are as follows: Year Principal Rates 2004 $ 45,000 2.150% 2005 50,000 2.150% 2006 50,000 3.000% 2007 50,000 3.000% 2008 50,000 4.000% 2009 55,000 4.000% 2010 55,000 4.000% 2011 60,000 4.300% 2012 60,000 4.300% 2013 65,000 4.550% 2014 65,000 4.550% 2015 70,000 4.700% 2016 75,000 4.700% 2017 80,000 4.900% 2018 80,000 4.900% 2019 85,000 5.000% 2020 90,000 5.000% 2021 95,000 5.150% 2022 100,000 5.150% Sincerely, arm s--o•-r..- ir'"''� Barbara L. Chevalier Vice President BLC/rmr SUITE 41(X)•ONE NORTH LASALLE STREET•CHICAGO.ILLINOIS 60602•(312)346-37(X)•FAX(312)346-8833 SUITE 608•531 COMMERCIAL STREET•WATERLOO,IOWA 50701 •(319)291-2077•FAX(319)291-8628 CITY OF YORKVILLE Refunding of Series 1999 ICC Debt Certificates DEBT SERVICE SCHEDULE Date Principal Coupon Interest Total P+I FISCAL TOTAL 12/30/2002 - - - - - 7/012003 - - 30,469.83 30,469.83 - 1/01/2004 45,000.00 2.150% 27,982.50 72982.50 103,452.33 7/01/2004 - - 27,498.75 27,498.75 - 1/01/2005 50,000.00 2150% 27,498.75 77,498.75 104,997.50 7/012005 - - 26,961.25 26,961.25 - 1/01/2006 50,000.00 3.000% 26,961,25 76,961.25 103,922 50 7/012006 - - 26,211.25 26,211.25 - 1/01/2007 50,000.00 3.000% 26,211.25 76,211.25 102,422.50 7/012007 - - 25,461.25 25,461.25 - 1/01/2008 50,000.00 4.000% 25,461,25 75,461.25 100,922,50 7/012008 - - 24,461.25 24,461.25 - 1/01/2009 55,000.00 4.000% 24,461.25 79,461.25 103,92250 7/112009 - - 23,361.25 23,361.25 - 1/01/2010 55,000.00 4,000% 23,361.25 78,361.25 101,722.50 7/012010 - - 22,261.25 22,261.25 - 1/01/2011 60,000.00 4.300% 22,261.25 82,261.25 104,522.50 7/01/2011 - - 20,971.25 20,971.25 - 1/012012 60,000.00 4.300% 20,971.25 80,971.25 101,942.50 7/01/2012 - - 19,681.25 19,681.25 1/01/2013 65,000.00 4.550% 19,681.25 84,681.25 104,362.50 7/012013 - - 18,202.50 18,202.50 - 1/012014 65,000.00 4.550% 18,202.50 83,202.50 101,405.00 7/01/2014 - - 16,723.75 16,723.75 1/01/2015 70,000.00 4.700% 16,723.75 86,723.75 103,447.50 7/012015 - - 15,078..75 15,078.75 - 1/01/2016 75,000.00 4.700% 15,078.75 90,078.75 105,157.50 7/01/2016 - - 13,316.25 13,316.25 1/01/2017 80,000.00 4.900% 13,316.25 93,316.25 106,632.50 7/01/2017 .. - 11,356.25 11,356.25 1/01/2018 80,000.00 4.900% 11,356.25 91,356.25 102,712.50 7/012018 - - 9,396.25 9,396.25 - 1/01/2019 85,000.00 5.000% 9,396.25 94,396.25 103,792.50 7/01/2019 - - 7,271.25 7,271.25 1/01/2020 90,000.00 5.000% 7,271.25 97,271.25 104,542.50 7/01/2020 - - 5,021.25 5,021.25 - 1/01/2021 95,000.00 5.150% 5,021.25 100,021.25 105,042.50 7/012021 - - 2,575,00 2,575.00 - 1/012022 100,000.00 5.150% 2,575.00 102,575.00 105,150.00 Total 1,280,000.00 - 690,072.33 1,970,072.33 - YIELD STATISTICS Accrued Interest from 12/152002 to 12/30/2002 2,331.88 Bond Year Dollars 514,536.89 Average Life.. 11.357 Years Average Coupon._ 4.7470427% Net Interest Cost(NIC) 4.8879257% True Interest Cost(TIC) 4.8969073% Bond Yield for Arbitrage Purposes 47032071% All Inclusive Cost(AIC) 5.1101887% IRS FORM 8038 Net Interest Cost, 4.7484228% Weighted Average Maturity _ 11.315 Years Speer Financial,Inc. File=Yorkvill.sf-Ser02refdg99City Hall-SINGLE PURPOSE Public Finance Consultants Since 1954 12/10/2002 9:43 AM Page 1 • OUTLINE FOR UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE 1. Protection of Isolated Waters including wetlands • US Army Corps of Engineers loss of jurisdiction • State, County & local governments providing protection 2. Why protect isolated wetlands? • Wetland functions include: - water quality improvement through absorption and filtering - habitat for wildlife - assist with floodwaters - support biodiversity - provide open space - create recreational opportunities 3. Language of Yorkville's Wetland Protection Ordinance draws from several other ordinances. • Standards for protection of wetlands - Buffer requirements - Wetland hydrology protection - Detention in wetlands - Discharge into wetland - Protection of all preserved wetlands • Wetland quality -- degree of protection (roadside ditches vs. high quality wetlands) 4. Standard requirements for Wetland Permit 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 11F CFM-RF12 17 2002. Mayor Prochaska called the meeting to order at 7:58 p.m.and led th DRAFeT Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Sticka Present Ward II Burd Present Kot Present Ward III Anderson Absent Munns Present(arrived 8:10 P.M.) 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 Alderwoman Spears noted that the payment of an invoice for Thompson Appraisals in the amount of$3,500.00 needed to be added to the bill list. Also,she corrected the order of the items under the Administration Committee Report;item#1 should be the revised budget. Alderman Kot noted that two items under the Public Works Committee Report were being tabled; item#2 the Fox Hill Recapture Sewer/Water Ordinance and item#3 the agreement between the Yorkville-Bristol Sanitary District and the Untied City of Yorkville. COMMITTEE MEETING DATES Public Works Committee 6:30 P.M.,Monday,December 23,2002 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,December 19,2002 Old Kendall County Courthouse,2"d Floor Courtroom Immediately following Downtown Plan Presentation Administration Committee 6:30 P.M.,Thursday,January 9,2002 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M.,Thursday January 23,2002 City of Yorkville Conference Room 800 Game Farm Road PRESENTATION None. CITIZEN COMMENTS None. PUBLIC HEARINGS None. PLANNING COMMISSION/ZONING BOARD OF APPEAL Grande Reserve Project Alderman Sticka reported that the Plan Commission heard a presentation on the Grande Reserve Project. There was much discussion especially regarding the most northerly portion of the project,the area of"villas"designed for empty nesters. The Plan Commission had a number of questions regarding setbacks,sidewalks and lot size. The developer stated that they have decided to move the school site from along the railroad tracks to one along Kennedy Road however this The Minutes of the Regular Meetine of the City Council-December 17,2002-page 2 hadn't been discussed with the School District. The developer also stated that they would give title to the City for a large portion of green space for a conservation area. 1'1z Mile Reviews Two items regarding 11/2 mile reviews were presented. One was for a garden center on Route 71 near Harris Woods and the Commission approved this unanimously. The second was Property Concept's development(the Kleronomos company)next to the Fields of Farm Colony subdivision. The Commission discussed setbacks;neighboring subdivisions have 40 foot setbacks but this one is indicating 30 foot setbacks. The developer stated that the setback was less so that there would be sufficient space for septic systems. The Commission approved this with a nine to one vote with the stipulation that the City Engineer's recommendations be followed. Concept Plans A petitioner of a development north of Faxon Road near Cannonball Trail presented a concept plan. The School Board representative to the Plan Commission commented that the School Board's recommendation is that anytime a development will generate twenty or more acres of land/cash,they proposed that the school only accept the land. It is the School Board's belief that they will have to build more schools in the future and they will need property to do this. This particular development may need a school site. The other concept plan was for a development near Route 30 and Route 47. This concept was a combination of commercial,single-family and multi-family homes and was very crude. The Commission members stated that there really wasn't anything to discuss. The developer develops major shopping centers but Alderman Sticka felt that they built many centers not huge centers. Attorney Kramer noted that the developer has developed both small strip centers to large ones including Geneva Commons on Randall Road. MINUTES FOR APPROVAL None. BILLS FOR APPROVAL A motion was made by Alderwoman Spears to approve the paying of the bills listed on the Vendor Invoice Register#227 dated December 13,2002. Checks in the amount of$149,049.55 (vendor invoices including the check for Thompson Appraisals for$3,500.00),$103,816.36 (payroll period ending 11/30/02),for a total of$252,865.91:seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye,Spears-aye,Sticka-aye REPORTS MAYOR'S REPORT Letter from School Superintendent Mayor Prochaska reported that he received a letter from the Superintendent of the Yorkville School District. He read the letter which thanked the City and the crew for their efforts in repairing the water main break in from of the Middle School on December 10,2002. Thompson Appraisal Report Mayor Prochaska reported that the City received a report from Thompson Appraisals regarding land/cash. He asked if the Economic Development Committee and/or the Administration Committee wanted to discuss the report at their committee meeting or if they wanted it brought to the next Committee of the Whole(COW)meeting. It was decided to place it on a COW agenda in January. Happy Holidays Mayor Prochaska wished everyone present a very Merry Christmas and Happy New Year. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT City Clerk Milschewski reported that the closing for the City Hall refinancing was scheduled for December 30,2002. All the documents have been signed by the Mayor,City Clerk and City Finance Director but City Treasurer Allen's signature was still needed. She informed Mr. Allen that she had placed the paperwork in his City Hall mailbox and stated that Finance Director Pleckham asked that the paperwork be returned to her with all the signatures by December 23, 2002. The Minutes of the Regular Meeting of the City Council-December 17,2002-page 3 CITY TREASURER'S REPORT No report. Alderman Sticka asked Treasurer Allen what interest rate the City was getting on its money. Mr. Allen stated that he contacted the Illinois Public Treasurer's Investment Pool to verify if the City was receiving the same interest amount in the local money market account. The Treasurer's Pool interest rate is 1.4%and this is being matched by the Yorkville National Bank. The City also has funds in Castle Bank. There are no funds invested with the Illinois Public Treasurer's Investment Pool. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE REPORT No report. EXECUTIVE DIRECTOR OF PARKS&RECREATION Director Laura Brown reported on the status of the Park&Recreation survey. There has been a 22%return rate on the first mailing of the survey. After the first of the year,a second mailing will be sent out and this will be followed with a third. Northern Illinois University who is performing the survey stated that the City is in the average range of returns but based on the holidays,possibly higher. COMMUNITY& LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT EEI Contract for The Highlands A motion was made by Alderman Kot to ratify the agreement between the United City of Yorkville and Engineering Enterprises,Inc.for professional services for Subdivision Regulations Ordinance Enforcement for The Highlands Subdivision and to authorize the City Engineer to sign the agreement;seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye, Spears-aye, Sticka-aye Rob Roy Creek Engineering Study A motion was made by Alderman Kot to approve the expenditure of$25,000.00 for the Rob Roy Creek Sanitary Sewer preliminary engineering study;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-0 Kot-aye,Munns-aye,Spears-aye, Sticka-ay,Besco-aye,Burd-aye,James-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT (Ordinances)2002-54 and 2002-55 Special Tax Service Area-Heartland Circle A motion was made by Alderman Sticka to approve an enabling ordinance to create a Special Tax Service area 2002-01 and to approve an ordinance establishing a Special Service Area Number 2002-01 for Heartland Circle Subdivision;seconded by Alderwoman Burd. Motion approved by a roll call vote. Ayes-7 Nays-0 Munns-aye, Spears-aye, Sticka-aye,Besco-aye, Burd-aye,James-aye,Kot-aye (Ordinances)2002-56 and 2002-57 Special Tax Service Area-Windett Ridge A motion was made by Alderman Sticka to approve an enabling ordinance to create a Special Tax Service area 2002-03 and to approve an ordinance establishing a Special Service Area Number 2002-03 for Windett Ridge Subdivision;seconded by Alderman Besco. The Minutes of the Regular Meeting of the City Council-December 17,2002,2002-page 4 Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Sticka-aye,Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye (Ordinances)2002-58 and 2002-59 Special Tax Service Area—Kylyn's Ridge A motion was made by Alderman Sticka to approve an enabling ordinance to create a Special Tax Service area 2002-04 and to approve an ordinance establishing a Special Service Area Number 2002-04 for Kylyn's Ridge Subdivision;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-0 Sticka-aye,Besco-aye,Burd-aye,James-aye,Kot-aye, Munns-aye,Spears-aye (Ordinances)2002-58 and 2002-59 Special Tax Service Area—The Highlands A motion was made by Alderman Sticka to approve an enabling ordinance to create a Special Tax Service area 2002-05 and to approve an ordinance establishing a Special Service Area Number 2002-05 for The Highlands Subdivision;seconded by Alderwoman Burd. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye, Spears-ay,Sticka-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Revised 2002-2003 Budget A motion was made by Alderwoman Spears to approve the revised 2002-2003 budget as presented by the Finance Director;seconded by Alderwoman Burd. Mayor Prochaska noted that information on zero expenditures and reserve was added and asked City Attorney Kramer if the motion should state"corrected"and Attorney Kramer stated that it should. Alderwoman Burd withdrew her second. A motion was made by Alderwoman Spears to approve the corrected revised 2002-2003 budget as presented by the Finance Director;seconded by Alderwoman Burd. Motion approved by a roll call vote. Ayes-7 Nays-0 Kot-aye,Munns-aye,Spears-aye, Sticka-aye,Besco-aye,Burd-aye,James-aye (Ordinance)2002-62 2002 Tax Levy A motion was made by Alderwoman Spears to approve an ordinance for the levy and assessment of taxes for the fiscal year beginning May 1,2002 and ending April 30,2003 for the United City of Yorkville and to authorize the Mayor and City Clerk to execute the Ordinance;seconded by Alderwoman Burd. Mayor Prochaska asked if the amount of the levy should be stated in the motion and Attorney Kramer stated that it should. Alderwoman Burd withdrew her second. A motion was made by Alderwoman Spears to approve an ordinance for the levy and assessment of taxes for the fiscal year beginning May 1,2002 and ending April 30,2003 in the amount of $1,476,592.00 for the United City of Yorkville and to authorize the Mayor and City Clerk to execute the ordinance;seconded by Alderwoman Burd. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye, Spears-aye, Sticka-aye Master Plan Quote—Schoppe Design Associates A motion was made by Alderwoman Spears to approve the agreement with Schoppe Design Associates for the Master Parks and Open Space Plan,not to exceed$18,125.00 as recommended by the Park and Recreation Board;seconded by Alderwoman Burd. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,James-aye,Kot-aye,Munns-aye, Spears-aye,Sticka-aye,Besco-aye The Minutes of the Regular Meeting of the City Council-December 17,2002,2002-page 5 Bond Council for SSA A motion was made by Alderwoman Spears to approve Foley and Lardner as bond counsel for the special service area(SSA)bond offering on the sanitary sewer improvements for The Highlands and Windett Ridge subdivisions as recommended by the City Attorney;seconded by Alderwoman Burd. Motion approved by a roll call vote. Ayes-7 Nays-0 James-aye,Kot-aye,Munns-aye,Spears-aye,Sticka-aye,Besco-aye,Burd-aye Proposed Planning&Zoning Coordinator A motion was made by Alderwoman Spears to approve the agreement for planning/zoning coordinator between the United City of Yorkville and International Codes Consultants and Inspections,Inc.subject to including verbiage requesting actual time sheets and breakdown of actual hours allocated to development and to authorize the Mayor and City Clerk to sign the agreement;seconded by Alderman James. Motion approved by a roll call vote. Ayes-7 Nays-0 Munns-aye, Spears-aye, Sticka-aye,Besco-aye,Burd-aye,James-aye,Kot-aye ADDITIONAL BUSINESS None. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderwoman Burd;seconded by Alderwoman Spears. Motion approved by a viva voce vote. Meeting adjourned at 8:25 P.M. Minutes submitted by: Jacquelyn Milschewski,City Clerk City of Yorkville,Illinois CITY OF YORKVILLE MONTHLY TREASURERS REPORT FOR THE MONTH OF NOVEMBER AS OF NOVEMBER 30, 2002 FUND BALANCE REVENUE EXPENSE TRANSFER BALANCE General 1,721,851.21 332,955.61 596,719.42 0.00 1,458,087.40 Water 375,249.57 79,809.38 64,853.29 0.00 390,205.66 Wtr Imply Exp 2,799,187.54 18,161.12 64,069.28 0.00 2,753,279.38 Motor Fuel 230,149.51 14,720.35 3,109.34 0.00 241,760.52 Mun. Bldg. 97,785.27 2,850.00 9,634.48 0.00 91,000.79 Sewer Maint. (68,699.94) 31,375.23 27,225.65 0.00 (64,550.36) Sanitary Sewer 957,850.30 40,720.00 8,556.53 0.00 990,013.77 Land Cash 280,043.90 8,474.00 1,185.00 0.00 287,332.90 Land Aquistion 74,137.00 0.00 0.00 0.00 74,137.00 Working Cash 112,691.90 146.82 0.00 0.00 112,838.72 South Sewer 10,673.50 0.00 0.00 0.00 10,673.50 Trust & Agency (329,255.15) 178,483.16 236,006.09 0.00 (386,778.08) Debt Service (219,689.60) 5,039.59 40,700.62 0.00 (255,350.63) PD Capital 29,938.63 3,450.00 1,420.00 0.00 31,968.63 PW Capital 25,191.58 8,550.00 0.00 0.00 33,741.58 Fox Indus. 87,248.93 10,794.15 18,341.38 0.00 79,701.70 TOTAL 6,184,354.15 735,529.41 1,071,821.08 0.00 5,848,062.48 ..% -11C:64' ,. obert J.Allen Treasurer DR AGREEMENT UNITED CITY OF YORKVILLE YORKVILLE PARKS AND RECREATION DEPARTMENT and YORKVILLE YOUTH BASEBALL/SOFTBALL ASSOCIATION This agreement is made and entered into this day of 2002, by and between THE UNITED CITY OF YORKVILLE an Illinois municipal corporation (the "city"), and the YORKVILLE YOUTH BASEBALL / SOFTBALL ASSOCIATION, an Illinois not-for-profit corporation (the"Association"). WITNESSETH WHEREAS, the City is the owner of certain fields and parks (the "Parks") which the Association wishes to utilize from time to time with the prior written permission from the City and the City wishes to accommodate the Association's use of the Parks on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the covenants and agreements hereinafter contained, it is mutually agreed by and between the parties hereto as follows: 1. Use of Parks by the Association. The City agrees to permit the Association to utilize certain Parks designated by the City at those times that are mutually acceptable to each of the parties for a term of(3) three months commencing , 2003 and ending , 2003. The parties agree that the Association's use of the Parks designated Beecher Park Ball Diamonds / Van Emmon Park by the City shall be nonexclusive. The Association's use of the Parks designated by the City shall be subject to the City's ordinances, policies and direction of the City's officers and as otherwise hereinafter provided. Schedules must be submitted to the City for use of the fields, inclusive of raindates. Schedules will be approved based on availability. 2. Fees for Use. The Association agrees to pay the user fees assessed by the City for the overall maintenance and upkeep of the fields while in use by the Association. Fees are outlined in Attachment 1. Furthermore, by using the parks and fields of the City, the Association agrees to adhere to all City Ordinances, policies and procedures while using the parks and fields. 3. Maintenance Standards. In agreeing to use the City Parks the Association agrees to maintain the fields in compliance with the City maintenance standards. The Association agrees to participate in completing the routine maintenance items while using the parks. • Inspect the fields prior to use daily • Alignment and inspection of bases and pitcher plate. • Litter control through daily collection when scheduled use by the Association • Immediately reporting of any damages and/or maintenance concerns to the City. FURTHERMORE, The City agrees to prepare the fields / parks prior and through out the season to maintain quality conditions for use. Pre-season maintenance standards • Turning - Using a nail drag to loosen the soil (2" depth). Followed by mat drag to break up soil clumps and level the surface. • Roll infield to level high and low spots • Eliminate the lip build up at grass edges— edging at least once a year. • Add surface mix to balance field • Spot fill areas in the turf • Roll outfield to level high spots • Core aerate the turf • Pre-season fertilization treatment • Pre-season weed control for turf Seasonal maintenance • Holes at the batter's box, pitcher's mound and the bases are filled, tamped and hand- raked each day before play. • Add surface mix to low areas or drainage problem areas daily • Daily/weekly upkeep of backstops and dugout areas • Lining of the field, base lines, and batters box • Replace light bulbs on scoreboard and repair any damage. • Replace and/or repair yellow safety piping on fences • Fine drag and Top dressing the fields minimum once per week(more frequent as indicated by schedule). • Maintain cupped baselines and edges as fields are prepared • Surface water the infield to maintain soft soil composition • Spot Weed Control when weeds are present both the infield and outfield areas • Maintain the fence and dugout areas. The responsibility of the common areas and turf will be the responsibility of the City unless otherwise identified 4. Insurance The Association shall maintain commercial general liability (CGL) and commercial umbrella liability insurance with a limit of not less than $2,000,000 for each occurrence. If such insurance policy contains a general aggregate limit, it shall apply separately to this Agreement. i. Occurrence basis coverage. This CGL and umbrella insurance shall be written on an occurrence basis and shall cover liability arising from premises, operation, independent contractors, products-completed operations, bodily and personal injury, property damage, as well as liability assumed by the Association under this Agreement. ii. Additional insured. The City shall be named as an insured under the CGL and umbrella insurance using an additional endorsement to the City for claims arising out of or as result of this Agreement. iii. Waiver of subrogation. The Association waives all rights against the City for recovery of damages to the extent these damages are covered by the CGL or commercial umbrella liability insurance maintained pursuant to this Agreement. B. Delivery to City of certificates. Within 10 days from the start date of this Agreement, the Association shall furnish the City with copies of its current certificates of insurance documenting each such policy along with the additional insured endorsements required in this section. C. Cancellation. All such insurance provided for herein shall be non-cancelable, except upon 30 days' prior written notice to the City, and shall contain the following endorsement (or its equivalent) and shall appear on the policies respective insurance certificates: It is hereby understood and agreed that this insurance policy may not be canceled by the surety or the intention not to renew be signed by the surety until 30 days after receipt by the City of Yorkville by registered mail of written notice of such intention to cancel or not to renew. D. No Limitation on liability. The minimum amounts set forth in this Agreement for such insurance shall not be construed as a limitation or satisfaction of the Association's liability, including indemnification, to the City under the Agreement as to the amount of such insurance. E. No Waiver. The failure or delay of the City at any time to require performance by the Association of any provision of this section, even if known, shall not affect the right of the City to require performance of that provision or to exercise any right, power or remedy under this Agreement, and any waiver by the City of any breach of any provision in this section shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. F. Primary coverage. The coverage shall apply as primary coverage with respect to any other insurance or self insurance program afforded to the City. There shall be no endorsement or modification of this coverage to make it excess over other available insurance/ coverage; alternatively, if the CGL and umbrella, excess of reinsurance states that it is pro rata, it shall be endorsed to be primary with respect to the City. 5. Liability, Indemnification and Waiver A. Assumption of liability. Except as specifically provided by law or this Agreement, the City assumes no liability or responsibility for any injury to or death of any person or persons including officers and employees of the Association and participants in the Association's program and activities or any other person and assumes no liability or responsibility for any damage to property sustained by any person(s). In addition the Association will report all injuries to the City within 24 hours. B. Indemnification. To the fullest extent permitted by law, the Association will defend, indemnify and hold the City harmless from all claims arising directly or indirectly from or in connection with (i) the conduct or management of the programs and activities of the Association; (ii) any act, omission or negligence of the Association or any of its directors, officers, agents, employees, invitees or contractors of the Association; (iii) any accidents, injury or damage whatsoever occurring on or at the Parks arising from, directly or indirectly, the use of the Parks by the Association or any of its directors, officers, agents, employees, invitees or contractors, as well as participants in the Association's programs and activities except to the extent of any negligent or wrongful act or omission of the City. However, this limitation shall not in any way limit the Association's duty to defend the City. C. Defense of City. In the event any claims shall arise, the Association shall defend and pay any judgment or settlement against the City in such claims. The City shall tender the defense to the Association. The Association and the City shall mutually agree to counsel to defend of such claims. The City, in its sole discretion, may participate in the defense of such claims at the Association's sole expense, but such participation shall not relieve the Association from its duty to defend and to pay any judgment or settlement against the City in such claims. Except where a settlement completely and forever releases the City from any and all liabilities without financial contribution by the City or its insurer, the Association shall not agree to any settlement of the claims without the City's approval. D. Waiver of defenses. In any and all claims against the City or any of its agents or employees the indemnification obligation under this paragraph shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for the Association under applicable law. The Association waives all defenses available to the Association which limit the amount of the Association's liability to the City. 6. No Alteration. The Association shall not make structural improvements, changes or alteration to the Parks without first obtaining the written consent of the City. Any improvements to the parks will be through a donation to the City, and therefore become the property of the City. 7. No Assignment. The Association shall not assign it interest in this Agreement without obtaining the written consent and approval of the City. 8. Binding upon successors. This Agreement shall be binding upon the successors and assigns of the parties hereto. 9. Reimbursement for increased insurance costs. Any increase of insurance premium on the Parks resulting for such use by the Association shall be paid for by the Association. 10. Integration of all terms into Agreement. This Agreement contains all of the terms, conditions and agreements between the parties hereto and no amendments, additions or changes hereto shall be valid unless attached hereto in writing and signed by the City and the Association. Failure to abide by the policies and rules set forth in this agreement could result in additional fees assessed to the Association and/or loss of privileges regarding the use of Parks and fields. IN WITNESS WHEREOF, the parties hereto have, the day and year first above written, signed and executed this Agreement by virtue of authority given and granted by the respective corporate authorities of the parties hereto. THE UNITED CITY OF YORKVILLE By: Mayor, United City of Yorkville By: Park and Recreation Board Attest: Laura Brown, Executive Director Sue Swithin, Superintendent of Recreation YORKVILLE YOUTH BASEBALL/SOFTBALL ASSOCIATION By: President Attest: Representative Attachment 1 UNITED CITY OF YORKVILLE YORKVILLE PARKS AND RECREATION DEPARTMENT and YORKVILLE YOUTH BASEBALL/SOFTBALL ASSOCIATION Responsibility of the Association EQUIPMENT REPLACEMENT & MAINTENANCE • Bases & pitching plate • Equipment boxes GENERAL MAINTEANCE AND FIELD PREP • Inspect the fields prior to use daily • Alignment and inspection of bases and pitcher plate. • Litter control through daily collection. • Immediately reporting of any damages and/or maintenance concerns to the City. Responsibility of the City PRE SEASON MAINTENACNE • Turning - nail drag to loosen the soil (2" depth). Followed by mat drag to break up soil clumps and level the surface. • Roll infield to level high and low spots • Eliminate the lip build up at grass edges— edging at least once a year. • Add surface mix to balance field • Spot fill areas in the turf • Roll outfield to level high spots • Core aerate the turf • Pre-season fertilization treatment • Pre-season weed control for turf • Ball field mix added • Inspect and repair benchers and bleachers • Replace equipment and re-paint areas needing upkeep SEASONAL MAINTENANCE • Weekly check the status and conduction of the Ball Mix fill • Provide a supply of ball mix fill for use by the Association • Weekly check and repair turf with Sod replacement • Repair miscellaneous items as reported • Maintain the condition of the Bleachers • Maintain the condition of the Benches in dugouts • Replace light bulbs on scoreboard and repair any damage. • Replace and/or repair yellow safety piping on fences • Turf management & cutting • Base Stems and sleeves maintenance • Holes at the batter's box, pitcher's mound and the bases are filled, tamped and hand- raked each day before play. • Add surface mix to low areas or drainage problem areas daily • Fine drag and Top dressing the fields minimum once per week (more frequent as indicated by schedule). • Maintain cupped baselines and edges as fields are prepared • Surface water the infield to maintain soft soil composition • Spot Weed Control when weeds are present both the infield and outfield areas • Daily/weekly upkeep of backstops and dugout areas • Lining of the field, base lines, and batters box GENERAL POLICIES AND PROCEDURES FOR USE OF THE UNITED CITY OF YORKVILLE PARKS, FIELDS AND FACILITIES: • No equipment or permanent signage will be added or installed to the park without the permission of the United City of Yorkville Park and Recreation Department. • No ball hitting or pitching into fences or dugouts is allowed. • Each party will report any damage and or maintenance concerns to the park department immediately. • Coordination of work involving the park department staff or use of the equipment will generally require a two-week notice, for scheduling purposes. • Only approved maintenance vehicles are allowed on grass. Vehicles are not allowed on the fields proper. • All requests for use of fields, or park(s)must be in writings. • Each group must complete a checklist ensuring that the fields are in acceptable condition after their scheduled use. This form must be turned into the Park and Recreation Department at the end of the season or maintenance obligation. • Due to the scheduling or early setups for the other functions, all groups and organizations are requested to use only the area, field, or park that has been assigned to them. • No group may meet in the United City of Yorkville parks that practices discrimination in any manner, or partisan political activities of any kind. Non-partisan public meetings and information forums are permitted. • No intoxicating liquor or persons under the influence of alcohol or drugs shall be allowed on the premises. Failure to follow this rule will result in forfeit of deposit, assessed damage fees and privileges immediately. Recreation and Park Department staff as well as the Yorkville Police Department may be patrolling and monitoring the event at the discretion of the United City of Yorkville staff. • Groups using the United City of Yorkville parks, fields, buildings or facilities are responsible for litter control and pick up. Damage or excessive litter may result in a loss of privileges and use. • Groups may not use the fields or parks when the weather conditions are dangerous or when the field conditions are not acceptable. All groups must adhere to the inclement weather practice for field conditions; (no standing water, saturated turf conditions, or times when safety is a concern). • Groups must adhere to all city ordinances, policies and procedures when using the facilities, parks and fields. (Sign ordinance, Building rental policies, Lightening Prediction Policy, and weather warning alarm system, and any other city guidelines that pertain to the use of City Owned property). SEASONAL Supplies Ballfield clay 3850 Ballfield Turface 2769 Fertilizer 1200 Line for lining fields 720 Grass seed 980 $9,519 CITY CAPITAL EXPENSE Capital/Equipment Lease Purchase Ballfield Groomer 3,300 8,300 Drags 500 Liner 500 Aerator 5,500 Roller 5,000 New Bleachers & Benches 2,400 $ 22,200 Manpower $17,536.00 Supplies $9,519.00 $ 27,055.00