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City Council Packet 2003 01-28-03 < 10 ®-n United City of Yorkville a County Seat of Kendall County EST. 1836 800 Game Farm Road Cl) Yorkville, Illinois 60560 Q Phone:630-553-4350 v`2 Fax:630-553-7575 AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday, January 28, 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, February 24, 2003 City Hall Conference Room Economic Development Committee: 7:00 p.m., Thursday, February 20, 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, February 27, 2003 City Hall Conference Room Presentations: 1. YEDC Annual Report by Lynn Dubajic Citizen Comments: City Council Meeting Agenda January 28, 2003 Page 2 Public Hearings: None Plan Commission /Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council—January 14, 2003 Minutes of Committee of the Whole—November 15, 2002 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 315,610.17 (vendor) $ 98,746.91 (payroll period ending 1/11/03) $ 414,357.08 (total) Reports: Mayor's Report: 1. Annual Year-End Report for 2002 2. Recognition of Carol E. Grote from Senior Services 3. Appointment of Heather Fiala and Van Truman to Park Board 4. Cable Upgrade Attorney's Report: City Clerk's Report: City 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: Committee of the Whole/City Council Meeting Agenda January 28, 2003 Page 3 Committee Reports: Public Works Committee Report: 1. Yorkville-Bristol Sanitary District Intergovernmental Agreement - Countryside Sanitary Sewer Interceptor 2. Engineering Agreement - Countryside Interceptor 3. Ratification of Yorkville-Bristol Sanitary District Intergovernmental Agreement for Radium Compliance 4. PW Sewer Cam Economic Development Committee Report: 1. PC 2002-12 Kylyn's Ridge Final Plat 2. PC 2002-29 Bowman Property - 1 '/2 Mile Review 3. PC 2002-30 Tucek Property- 1 '/z Mile Review 4. Building Permit Reports -December 2002 Public Safety Committee Report: No Report. Administration Committee Report: 1. Park& Recreation Open Space Developer Policy 2. Resolution Approving Revised Job Description for Utility Billing Clerk 3. Resolution Approving Revised Job Description for Accounting Clerk II/Human Resources Clerk 4. IMAP Municipal Practices Assessment Resolution 5. Ordinance Amending Land Cash Ordinance 96-3 Additional Business: Adjournment: Committee of the Whole/City Council Meeting Agenda January 28, 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 PCONOMIC 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 ;ADMINISTRATION; Committee Departments Liaisons Chairman: Alderwoman Spears Finance Metra Vice Chair: Alderman Munns Public Properties Library Committee: Alderwoman Burd Personnel Cable Consortium Committee: Alderman James 2003 REPORT TO THE YORKVILLE CITY COUNCIL YORKVILLE ECONOMIC DEVELOPMENT CORPORATION OVERALL STRATEGIES FOR 2003: - Interface with individuals and franchisees that will provide opportunities to fill current vacant space, or space committed to be built, in order to create the image of our continuous growth. - Continue to focus on relationships with residential developers and the City to obtain results that meet the quality of life standard requested and population to support balanced commercial growth. - Focus on raising awareness with significant regional and national developers, and commercial real estate brokers. ACTION STEPS: - Continuously call on current Yorkville businesses. - Continuously call on prospective Yorkville businesses. - Maintain and update database, and inventory listing. - Develop and provide marketing materials consistent with YEDC goals and objectives. (The YEDC has formed a "Marketing Committee". The individuals are YEDC members who will offer their expertise to create a new generation of marketing pieces for the YEDC.) - Continue the process of building relationships with local and statewide organizations, to further referral sources. - Continue education processes, which offer opportunities for the business community access to programs, which bolster the business climate. - Develop processes to expose current businesses to perspective customers, through marketing events and techniques. - Participate in local, regional and national events where perspective business clients are present. - Maintain and update website on a regular basis, including area to showcase development, and update projects under construction. (The YEDC website is actually going through a complete facelift at this time.) - Complete "Entrepreneurial & Small Business Development Strategies" class, pursuing CED certification. (Completed) - Utilize educational opportunities on Economic Development as available. YEDC Report January 2003 Page 2 UPCOMING HIGHLIGHTS AND EVENTS: International Council of Shopping Centers: (ICSC) Feb 26 & 27, 2003 —Alliance Program & Idea Exchange in Chicago (2 Day event with community showcase booth - 3rd year participating) May 18 to 21, 2003 — Spring Convention, LasVegas (4 Day event — 2nd year participating) October 2003 — Chicago Deal Making (1 Day event —3rd year participating) National Manufacturing Week: March 3 to 6, 2003 — Will act as State/Local rep (Multiple day event - 3rd year participating) Metro West Steering Committee: State of Illinois (DCCA) sponsored committee brings together representatives from Kendall, Grundy, Kane, DeKalb, and McHenry Counties. A "summit" is scheduled for Thursday May 1, 2003. This summit will bring together elected and appointed officials, and business leaders from the Counties. It will focus on raising awareness of issues that face all of these counties, and developing ways for more effective communication throughout the Metro West Area. More information on the event will follow as the summit date approaches. River Valley Workforce Steering Committee: Community Audit for Kendall, Kane & DeKalb Counties. It is the goal of this Committee to assist in preparedness and future employment needs of the business community in these three counties. The group works together to help determine which industries sectors are showing growth and decline, current and future workforce supply, education, transportation, and quality of life for the area. "Aiming for Success" Job and Career Fair: Annual Spring event will be held on Wednesday, March 26, 2003 at Beecher Center. In 2002 there were 33 businesses that participated with over 200 prospective employee candidates in attendance. Yorkville Business Institute: New for 2003. This series of educational workshops, will be facilitated by Waubonsee Community College and Aurora University, and be jointly sponsored by the YEDC and Yorkville Chamber. Topics will focus on sales and marketing, finance, human resources, and operational efficiencies. YEDC Report January 2003 Page 3 Business Assistance Expo: Bringing together over 20 programs that provide a variety of assistance, including low interest loans, grants, workforce training and development to the business community; this Expo has been adopted by other communities looking for ways to reach out to the business community. In 2003, the event will take place after Labor Day. Summer Outing 2003: This "fun" social event allowed prospective Yorkville business an opportunity to get to know current stakeholders. In 2002 we headed for Wrigley Field, plans for this year are being completed at this time. YEDC Annual Meeting 2003: Our 3rd Annual Meeting will be held in the fall. We review and acknowledge the accomplishments for new development and business expansion during the past 12 months. It is also a time to look forward to the upcoming year, and offer "thanks" to the partnerships and relationships that were so important to the Yorkville business community. TARGETED ADVERTISING 2003: "Northern Illinois Real Estate Magazine" — Listing in June and November Economic Development Directories. "Illinois Real Estate Journal" — Quarter page ad in four issues. February 24 "Economic Development/Planning", March 10 "New Markets-Land and Growth", July 14 "Forward Thinking", August 11 "Kendall County". "Metro-Chicago Retail Space Guide" - Half page color ad in both the Spring and Fall issues. Distributed at ICSC events, and direct mail. Tag ads in both the Spring and Fall issues. "Metro-Chicago Business Park Guide" — Distributed at Corenet and IRDC events, and direct mail. Tag ads in both the Spring and Fall issues. "Area Development Magazine" — February 2002 issue. Distributed at National Manufacturing Week and other industrial based trade shows, plus direct mail. Also includes Chicago Metro Report, 3 site listings in Fast Facility Section, Annual Midwest States Regional Review, and Banner Ad on Website and CD- Rom. vv..,..... .1 .----f ---- ' art •'"1"..IF r �,N sf' �` ofP ri , ;.,,,. � 4 f 5 ..v ..,,,..,,,,,,,,,., ^�7� 9 P yi , _ , R . . 111 .,:,, ,,o, , i :',,;—,•/,',:;..i'',' ;1 .Yti,4,;�z.i d US ,: fitfl , t„ f '� „'�a-p1,4161. , , „ ,�� � (� ; •,)e,;r `t — it r,,,,,,,,,,,,..4,1.„, IYf,,,,ti ..,1 4. TS 4 ,, ,,,- , i '!. „r, ' , : r . :. t'.ir� A, �� z 8 a ti, •#�. .� a '7' a4z�s i A* :.. CC u r 7S ' ''‘'''t11 s it ;t i w�, r r S{ ^tVs C�+9�J Y.z�!�.t6 Atl t'' 5. `. '.4,,.-- 1.,,,,,t„;:,,t,,,,,,,,,„„ii„;,„,,,,;,4,0,„,,A00„ �fv, 11"'"I';'/''''''''� l'` d''''fa-I I f you need a 'bull's-eye" location for your business environment, we've got 10,4' � w; ��,� � " � ' It: youi best first Shot. Y01"kinlle is a business 01"iented COr11munity Committed ` �. } arr .'''''',i,.1"„: �.' to excellence in education, Healthcare recreation and overall quality of life. 3, e.--I t .,,',14,,t/-4',".., ee < , ffir ��� , ;` w, • ' - � We're at the hub of major transportation resources which offer fer you... tit f^),, `iy: i:ii r .. ii, , 1,,,1:1,,,r,,,, • Ag premier location in one of Chicagoland's fastest /) 1 growing areas—Kendall County wrr 1 x r - 4''_ Quick,easy access to I 88,I 80 and I 55 ri ® A highly skilled and productive work force ® Comprehensive Training Programs ® A unique local Revolving Loan Fund , 4 ________________ V'' Total access to all State Financial Assistance 7 i pl'4 • Y l ril 1. rr , . f` ,.. ' -_.. Set your sites on a winner! i r a Take a look at what Yorkville has to offer your business today. 'F 1l� ' 'h t. ,x., i' 94er,1 r ,,P 1} ,.' g . • �A . arlcvifleEconomic Development Corpora •ion Tt y, 534 Countryside Center • Yorkville, IL 60560 1 y Ph. 630-553 0843 • wwwyedconline.arg ,'-•. } t mt fl ;�dA r [r*dF,°� F•w./{ .lp ' . 7d; . , . .� .. »'�:1, ; ,a.,;,..'.r ,l x. ?i z 1. 3 Ji,{ •':a�. a..E i.st 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 TUESj1AY .IANTTARY 14.2003. Mayor Prochaska called the meeting to order at 7:00 p.m.and led th;DRAFTAllegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Sticka Present Ward II Burd Present Kot Present Ward III Anderson Present Munns Present(arrived at 7:15) 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 None. COMMITTEE MEETING DATES Public Works Committee 6:30 P.M.,Monday,January 27,2003 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,January 16,2003 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 6:30 P.M.,Thursday,February 13,2003 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M.,Thursday January 23,2003 City of Yorkville Conference Room 800 Game Farm Road PRESENTATION State Representative Tom Cross Mayor Prochaska presented State Representative Tom Cross with a plaque and a United City of Yorkville flag in appreciation of his service to the area. Representative Cross was redistricted out of the area after the census. Representative Cross stated the new representative,Patricia Lindner, will do a good job for the district and that he will continue to work with her regardless of the area he represents. Mayor Prochaska also congratulated Representative Cross for being selected as the Republican Party's Minority Leader in the General Assembly of the State of Illinois. CITIZEN COMMENTS None. PUBLIC HEARINGS None. PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman Anderson to approve the minutes of the City Council meetings from December 10,2002 and December 17,2002:seconded by Alderwoman Spears. The Minutes of the Regular Meeting of the City Council-January 14,2003-page 2 Alderwoman Spears noted that the date of the bill list was incorrect on page 5 of the December 10,2002 minutes. The payroll period should be 11-16-02. City Clerk Milschewski also noted that she corrected page 4 of the December 10,2002 minutes to correctly reflect that the minutes of November 26,2002 were approved.She also noted that she corrected an error on page 1 of the December 17,2002 minutes. The correct year for the Administration Committee and Public Safety Committee meetings should be 2003. Mayor Prochaska noted that the minutes stand as corrected. 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#230 dated January 9,2003. Checks in the amount of$417,016.21 (vendor),$104,449.72(payroll period ending 12/14/02),$103,906.44(payroll period ending 12/28/02),for a total of$625,372.37:seconded by Alderman Anderson. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye,Sticka-aye,Spears-aye,Anderson-aye REPORTS MAYOR'S REPORT Appointment of Larry Hilt to Sergeant Mayor Prochaska,Chief Martin,Police Commissioners Bob Johnson and Margie Putzler swore in Larry Hilt to the office of Police Sergeant for the United City of Yorkville. The Mayor congratulated him and thanked him for his many years of service to the City. Yorkville Dam Advisory Committee Meeting Change Mayor Prochaska reported that the Dam Advisory Committee meeting date had been changed from January 16,2003 to February 6,2003 at 4:00 P.M. The meeting was postponed because the consultants for the Illinois Department of Natural Resources were unable to have the computer models ready for the meeting. Open Land Trust Fund Grant Mayor Prochaska reported that Representative Patricia Lindner contacted the City regarding a $100,000.00 Open Land Trust Fund Grant however,the paperwork had to be submitted the day she contacted the City. Executive Director of Parks and Recreation Laura Brown contacted the Mayor for his permission to get the paperwork together which he gave. The grant can be used toward the purchase of the open space along the Fox River. The paperwork was submitted and the City should know in about five to six days if it will receive the grant. He thanked Representative Lindner for thinking of the City and thanked Ms.Brown for her work in submitting the paperwork. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT City Clerk Milschewski reported that the filing period for election forms is open until 5:00 P.M. on Tuesday,January 21,2003. She reported that the following people were present and filed their petitions for re-election on Monday,January 13,2003:Mayor Prochaska,Alderman James— Ward 1,Alderwoman Burd—Ward 2 and herself for City Clerk. She reported that City Treasurer Allen was present and filed for the mayoral position and also filed petitions for the following people:Chester Calhoun for City Treasurer,Lisa Reynoso for City Clerk,Maryalice Lundquist for Ward 4 Alderwoman and Larry Yodelis for Ward 3 Alderman. She also reported that Accounting Clerk Kim King wanted her to notify the Council that their W- 2 forms were attached to their mailboxes. CITY TREASURER'S REPORT City Treasurer Allen requested a motion to accept the November 2002 Treasurer Report as presented. So moved by Alderman James;seconded by Alderman Anderson. 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 • The Minutes of the Regular Meeting of the City Council-January 14,2003-page 3 CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE REPORT Congratulation Chief Martin congratulated Sergeant Hilt on his promotion and complimented him on his service to the City. Storage Facility Burglary Chief Martin reported on a burglary to the storage units in the industrial park which occurred at 2:00 A.M.that morning. Sergeant Sibenaller found twenty-five units broken into. He contacted Officer Pleckham and canine Officer Jumbo who proceeded to track a suspect for an hour and forty-five minutes. They located the suspect hiding in some brush. Around 6:00 A.M. Sergeant Sibenaller located the other suspect on Route 47 and Somonauk Street. Chief Martin expressed his pride in the officers and their work in this matter. Officer Testing Chief Martin reported that the Fire&Police Commission has given their approval to begin the testing process for new officers as they have exhausted the current list of candidates. The new list should be completed by the end of March. EXECUTIVE DIRECTOR OF PARKS&RECREATION No report. COMMUNITY&LIAISON REPORT Outer Belt Alderwoman Burd reported that she attended the Advisory Committee meeting for the Outer Belt earlier in the day. She state that about sixteen people were present and they divided into four groups to work on model situations concerning land use along the highway. The groups were given a city or county to represent and were asked to assign land use and annex areas along the highway. The workshop was designed to give a working model of how municipalities and counties will react to zoning and annexation. At the next meeting,the group will develop an actual model for cooperation to present to the Illinois Department of Transportation(IDOT). Library Board Mayor Prochaska reported that he attended the Library Board meeting on January 13,2003. The Board is moving ahead with working with the architects for the library expansion. They also passed their preliminary budget which will be turned over to the City administration so that it can be worked into the budget process. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Cannonball Hill—Letter of Credit Reduction#3 A motion was made by Alderman Kot to approve the Letter of Credit Reduction#3 for Cannonball Hill subdivision in the amount of$67,948.45 as recommended by the City;seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes-8 Nays-0 Sticka-aye,Anderson-aye,Besco-aye,Burd-aye, James-aye,Kot-aye,Munns-aye,Spears-aye Heartland Professional Building Plat of Easement A motion was made by Alderman Kot to approve the plat for Heartland Circle for Lot 1 of Hobson Hollow,Inc.as recommended by the City Engineer;seconded by Alderman Sticka. Mayor Prochaska asked if this was for Heartland Circle. Administrator Graff noted that it was for the commercial area of Heartland Circle. Motion approved by a roll call vote. Ayes-7 Nays-0 Anderson-aye,Besco-aye,Burd-aye,James-aye, Kot-aye,Munns-aye, Spears-aye The Minutes of the Regular Meeting of the City Council-January 14,2003-page 4 • Before Alderman Sticka voted,he stated that this was for Heartland not Heartland Circle;there is no business zoning in Heartland Circle. Mr.Graff verified this with the plat. Alderman Sticka's second was rescinded. A motion was made by Alderman Kot to approve the plat for Heartland for Lot 1 of Hobson Hollow,Inc.as recommended by the City Engineer;seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes-8 Nays-0 Anderson-aye,Besco-aye,Burd-aye,James-aye, Kot-aye,Munns-aye,Spears-aye, Sticka-aye Yorkville-Bristol Sanitary District Agreement Radium Compliance A motion was made by Alderman Kot to approve the Intergovernmental Agreement between the United City of Yorkville("City")and the Yorkville-Bristol Sanitary District("District")for the District agreeing to accept wastewater from the City's treatment of radium as required by applicable law to meet drinking water standards and authorize the Mayor and City Clerk to sign the agreement;seconded by Alderman Sticka. Alderman Sticka commented that this is an important agreement and is the culmination of a lot of work by staff and others and will save the taxpayers money. Alderwoman Spears noted that the City's name is incorrect throughout the document and requested that it be corrected to reflect"The United City of Yorkville". City Attorney Kramer stated that he notified attorney Roy Harsch that this needed to be changed. Motion approved by a roll call vote. Ayes-8 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye, Munns-aye,Spears-aye, Sticka-aye,Anderson-aye Heartland Regional Pump Station Proposal for Preliminary Engineering Services A motion was made by Alderman Kot to approve a proposal with Walter E.Deuchler Associates Inc.for preliminary engineering services for the Woodworth Regional Pump Station in an amount not to exceed$20,000.00 and authorize the City Engineer to sign the proposal;seconded by Alderman Sticka. Alderman Kot questioned if this should be signed by the Mayor and City Clerk rather than the City Engineer.Mr.Graff noted that the Council has been approving the City Engineer to sign engineering proposals, It is legal for the engineer to do this with the Council approval. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,James-aye,Kot-aye,Munns-aye, Spears-aye,Sticka-aye,Anderson-aye,Besco-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Rescinding Ordinances 2002-44&2002-44-Kylyn's Ridge SSA's A motion was made by Alderman Sticka to rescind Ordinances 2002-44 and 2002-45 as related to the Special Tax Service Area for Kylyn's Ridge Subdivision as recommended by the City Attorney;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-8 Nays-0 James-aye,Kot-aye,Munns-aye,Spears-aye, Sticka-aye,Anderson-aye,Besco-aye,Burd-aye (Ordinance)2003-01 International Building Code (Ordinance)2003-02 The ICC Electrical Code (Ordinance)2003-03 The International Mechanical Code (Ordinance)2003-04 The International Plumbing Code (Ordinance)2003-05 The International Energy Conservation Code (Ordinance)2003-06 The International Fire Code (Ordinance)2003-07 The International Fuel Gas Code (Ordinance)2003-08 The International Residential Code for One-and Two-Family Dwellings (Ordinance)2003-09 The International Maintenance Code A motion was made by Alderman Sticka to approve adopting the following Building Code Ordinances beginning with Ordinance 2003-01,The International Building Code;Ordinance The Minutes of the Regular Meeting of the City Council-January 14,2003-page 5 2003-02 The ICC Electrical Code;Ordinance 2003-03 The International Mechanical Code; Ordinance 2003-04 The International Plumbing Code;Ordinance 2003-05 The International Energy Conservation Code;Ordinance 2003-06 The International Fire Code;Ordinance 2003-07 The International Fuel Gas Code;Ordinance 2003-08 The International Residential Code for One-and Two-Family Dwellings;and Ordinance 2003-09 The International Maintenance Code; seconded by Alderman Kot. Mayor Prochaska commented that these ordinances update the City's building code from those passed in 1996. Alderman Sticka commented that local builders were given the opportunity to comment on the codes before the vote Motion approved by a roll call vote. Ayes-8 Nays-0 Kot-aye,Munns-aye,Spears-aye,Sticka-aye, Anderson-aye,Besco-aye,Burd-aye,James-aye PC 2002-25 Daniel Lanoisz 1 '/z Mile Review A motion was made by Alderman Sticka to recommend approval of PC 2002-25,Daniel Lanoisz Special Use Zoning for a garden center to Kendall County;seconded by Alderman James. Mayor Prochaska noted that this property is across from Harris Forest Preserve on Route 71. Alderman Sticka noted that both the Plan Commission and the Economic Development Committee approved the zoning. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye, Spears-aye, Sticka-aye,Anderson-aye, Besco-aye,Burd-aye,James-aye,Kot-aye PC 2002-26 Rose Hill 1'/z Mile Review A motion was made by Alderman Sticka to recommend approval of PC 2002-26,Rose Hill Subdivision to Kendall County following our City Estate Zoning Subdivision Standards; seconded by Alderman Anderson. Mayor Prochaska noted that this subdivision is east of the Farm Colony subdivision. Alderman Sticka noted that both the Plan Commission and the Economic Development Committee approved the zoning. The Plan Commission had some concerns that were addressed and removed by the developer. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Sticka-aye,Anderson-aye,Besco-aye, Burd-aye,James-aye,Kot-aye,Munns-aye (Ordinance)2003-10 Amending Title 10,Chapter 8,Article B,Section 1 of City Code Special Use—Concrete Plants A motion was made by Alderman Sticka to approve an ordinance amending Title 10,Chapter 8, Article B,Section 1 of the Yorkville City Code for MI Limited Manufacturing District;seconded by Alderman Besco. Attorney Kramer clarified that this allows batch plants and related activities as special use as opposed to permitted use. Mayor Prochaska noted that this applies to building equipment yards, lumber yards,concrete plants,etc. Anything related to building materials becomes a special use. Motion approved by a roll call vote. Ayes-8 Nays-0 Sticka-aye,Anderson-aye,Besco-aye,Burd-aye, James-aye, Kot-aye,Munns-aye, Spears-aye (Ordinance)2003-11 Amending Title 10,Chapter 8,Article A,Section 1 of City Code Permitted Use in M-1 District—Rental Equipment A motion was made by Alderman Sticka to approve an ordinance amending Title 10,Chapter 8, Article A,Section 1 of the Yorkville City Code for M1 Permitted Use Zoning;seconded by Alderman Anderson. Alderman Sticka clarified that this allows rental business to go into a M1 district. Motion approved by a roll call vote. Ayes-8 Nays-0 Anderson-aye,Besco-aye,Burd-aye,James-aye, Kot-aye,Munns-aye,Spears-aye, Sticka-aye The Minutes of the Regular Meeting of the City Council-January 14,2003-page 6 Building Permit Reports A motion was made by Alderman Sticka to accept the November 2002 Building Report as presented;seconded by Alderman Anderson. Motion approved by a viva voce vote. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT (Resolution)2003-01 Administration Secretary Job Description A motion was made by Alderwoman Spears to approve a resolution creating the position of Administration Secretary;seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-8 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye, Munns-aye, Spears-aye,Sticka-aye,Anderson-aye GASB 34 Project Implementation Proposal A motion was made by Alderwoman Spears to approve the GASB 34 Project Implementation Proposal with FPT&W in an amount not to exceed$55,650.00 with payment of$35,000.00 for the year ending 2002/2003 and the remainder to be paid in the year ending 2003/2004 if necessary;seconded by Alderwoman Burd. Alderman Sticka noted that the way Alderwoman Spears stated the motion it could mean calendar year and it should be fiscal year. Alderwoman Spears amended the motion to state fiscal year 2002/2003 and the remainder to be paid as amended fiscal year 2003/2004 if necessary. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,James-aye,Kot-aye,Munns-aye, Spears-aye,Sticka-aye,Anderson-aye,Besco-aye (Resolution)2003-02 Revised Job Description for Administrator's Assistant A motion was made by Alderwoman Spears to approve a resolution approving the revised job description for the position of Administrator's Assistant;seconded by Alderwoman Burd. Mayor Prochaska noted that this brings the position's description into the same format as new job descriptions. Motion approved by a roll call vote. Ayes-8 Nays-0 James-aye,Kot-aye,Munns-aye, Spears-aye, Sticka-aye,Anderson-aye,Besco-aye,Burd-aye Agreement Between Parks&Recreation Department and Yorkville Youth Baseball/Softball Association A motion was made by Alderwoman Spears to approve the agreement between the United City of Yorkville and Yorkville Youth Baseball/Softball Association for the utilization of City parks as recommended by the Park&Recreation Board and to authorize the Mayor,Park&Recreation President,Executive Director and the Superintendent of Recreation to sign the agreement; seconded by Alderman James. Mayor Prochaska thanked the Park&Recreation Department,Park&Recreation Board and the Youth Baseball/Softball Association for developing this agreement. Motion approved by a roll call vote. Ayes-8 Nays-0 Kot-aye,Munns-aye,Spears-aye,Sticka-aye, Anderson-aye,Besco-aye,Burd-aye,James-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 and land acquisition for the purpose of purchasing,leasing or selling of real property for the use of the public bodies being considered. He asked that the City Administrator, City Clerk,City Attorney,Chief of Police and City Treasurer be included. He stated that there The Minutes of the Regular Meeting of the City Council-January 14,2003-page 7 would be no action taken after the session. So moved by Alderman Anderson;seconded by Alderwoman Burd Motion approved by a roll call vote. Ayes-8 Nays-0 Anderson-aye,Besco-aye,Burd-aye,James-aye, Kot-aye,Munns-aye, Spears-aye, Sticka-aye Executive session was entered at 7:45 P.M. The Council returned to regular session at 8:30 P.M. ADDITIONAL BUSINESS Motion Corrections City Clerk Milschewski noted that there were two corrections needed to motions made earlier. (Ordinance)2003-03 City Clerk Milschewski requested a motion to correct the name of Ordinance 2003-03 to read the ordinance adopting the ICC Electrical Code—Administrative Provisions and the 2002 National Electrical Code(NFPA 70). So moved by Alderman Sticka;seconded by Alderman Anderson. Motion approved by a roll call vote. Ayes-8 Nays-0 Sticka-aye.Spears-aye,Munns-aye,Kot-aye, James-aye,Burd-aye,Besco-aye,Anderson-aye (Ordinance)2003-04 City Clerk Milschewski requested a motion to correct the name of Ordinance 2003-04 to read the ordinance adopting the International Plumbing Code and the Illinois State Plumbing Code. So moved by Alderman Sticka;seconded by Alderwoman Burd. Motion approved by a roll call vote. Ayes-8 Nays-0 Sticka-aye,Spears-aye,Munns-aye,Kot-aye, James-aye,Burd-aye,Besco-aye,Anderson-aye Mobile Gas Station Driveway Alderman Sticka asked when the Mobile Gas Station on Route 47 and Highway 34 was going to repair their driveway. Mr.Graff stated that the property maintenance inspectors have been working with the property owner for about nine months in an effort to get this repaired. The owner has corrected all his violations except this one and he has been notified and instructed that he needs to present a solution to this problem to the mayor's office. If this is not resolved,a liquor hearing will be held and there is the possibility that he will loose his liquor license. Mr. Graff spoke with the owner yesterday and instructed him that he had five days in which to contact the Mayor's office. Montgomery's City Council Meeting Alderman Besco reported that he attended Montgomery's City Council meeting last night with Plan Commission member Jack Jones. He invited the City of Montgomery to have a joint meeting with the United City of Yorkville'Council to discuss the issue of a boundary agreement. He stated that there was a lot of confusion because they had heard rumors that Yorkville had approved 4,000 and 5,000 square foot lots in the Grande Reserve development on their border. They were also concerned with the development's potential build out and traffic. He stated that they were very gracious and asked good questions. Mayor Prochaska stated that he asked Administrator Graff to contact Montgomery's village administrator to arrange a joint meeting. He recommended that it be held at a neutral site such as the Bristol Township Hall. He asked if the Council agreed with the meeting and there were no objections. Old County Jail Alderwoman Spears asked if the new County Board had contacted Mr.Graff with the information the City requested about the jail. Mr.Graff stated that he has discussed this with the new County Administrator Jeff Wilkins and it appears that the earliest date for a discussion between the County and the City would be April 2003. Alderwomen Spears and Burd noted that the County set a June 1, 2003 deadline for the building. He stated that Mr.Wilkins feels if research bears further exploration the County will extend the deadline. Mr.Graff stated that he felt comfortable waiting until April because the downtown plan from Northern Illinois University still has not been presented to the Council. The Minutes of the Regular Meeting of the City Council-January 14,2003-page 8 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 8:43 P.M. Minutes submitted by: Jacquelyn Milschewski,City Clerk City of Yorkville,Illinois Page 1 of 9 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE NOVEMBER 15,2002 7:00 P.M. MEMBERS PRESENT: Mayor Art Prochaska Alderman Larry Kot Alderwoman Rose Spear Alderman Richard Sticka Alderman Marty Munns Alderman Mike Anderson Alderman Joe Besco Alderwoman Val Burd City Clerk Jackie Milschewski City Treasurer Bob Allen CITY STAFF PRESENT: City Administrator Tony Graff Public Works Director Eric Dhuse Police Chief Harold Martin Director of Parks &Recreation Laura Brown City Attorney Dan Kramer GUESTS: See attached list. PRESENTATION ComEd Annual Report Marsha Hudson from ComEd presented the 2001 Annual Report. She stated that the Model Franchise Agreement that ComEd signed with the United City of Yorkville in 1992 provides for a presentation of an annual report by a company representative. It indicates how ComEd is servicing the City. Ms. Hudson distributed a copy of the report which covered the following information: ➢ Electrical System Performance-Reliability Indices Graphs which show the number of interruptions by cause, per customer and the average length of them. The graphs indicate that there are fewer interruptions in Yorkville than the company standards but they are longer than the standard. ➢ Outage Interruption Report—The report shows the date and time when service was interrupted and restored, the duration of the outage, how many customers were affected and the cause of the interruption. Also contains a glossary of interruption causes. ➢ Electrical System Improvement—lists the capacity, public and reliability improvements and new business. The report lists improvements scheduled throughout the year. Some have been completed and some are ongoing. ➢ Tree Trimming- ComEd trims trees to keep electricity flowing, for safety and for the health of the tree. The report indicates trimming is scheduled to begin in January 2003 and should be finished by June 2003. Ms. Hudson asked if there were any questions or comments. Mayor Prochaska noted that the average response time is above the company's standard and asked how ComEd is trying to rectify this. Ms. Hudson explained that ComEd Stations are not manned so when there is a power failure, ComEd depends on customers to report it. When a call is received, they need to find the area that is having the problem, find the problem itself and then repair the problem. Mayor Prochaska asked how close the crews are to the area. Ms. Hudson explained that their"barn" is in Montgomery. Between the hours of 8:00 A.M. and 4:30 P.M. full crew are available. If a storm is predicted, they try to hold over crews. After hours, there are only two or three crews available. She also explained how they can mobilize crews from other areas if they are needed. She stated that ComEd is trying to be more proactive than they have been in the past. There were no further comments or questions. Page 2 of 9 OLD BUSINESS Windett Ridge(Coach Road Hills) PUD Agreement Trails City Administrator Tony Graff reported that all the issues raised at the public hearing have been resolved and the developer has presented their preliminary plat. He stated that there will be a private trail around the wetland pond/detention area which the developer will construct using limestone screenings. The Park Board agreed that since this is a private trail and there will be a Special Tax Service Area(SSA)and a Homeowner's Association, limestone is acceptable and can be easily converted to asphalt if needed. Larry Vaupel of Wiseman-Hughes pointed out that they are preparing an out lot along side the ComEd right-of-way for a bike path. They are doing this because they do not want to construct a path and then have it torn up when the sanitary sewer line comes in and also they hope to preserve existing trees in the area. He stated that only the private trail will be limestone; regional trails will be asphalt. Mayor Prochaska noted that on page three of the first amendment to the PUD agreement the developer is contributing only 50% to the cost of constructing the bike path. Mr. Vaupel stated that the City can get grants to use toward the other 50% of the bike path. The developer will use the remaining 50%and apply it to a tot lot which was not on the original plan. Tot Lot Alderman Kot questioned why the tot lot is not being built until Unit 2 is closer to being built. He pointed out that a number of people could be living in the development before this occurs. He asked if this schedule could be moved up. Mr. Vaupel explained that the area of the park will be used to stock pile top soil. The park cannot be installed until this area gets its final grading. He also pointed out that Unit 1 consists of 44 houses and that Unit 2 will be started in spring. Mr. Graff stated that if this is timed properly, the tot lot would be in before a third of the homes in Unit 2 are completed. Developer's Office& Signs Also discussed was the site for the developer's mobile office. The site will be landscaped and have a hard-surface parking lot. The office will be permitted until 95%of the occupancy permits are issued. The developer will provide a site plan of the office for approval. Also, two signs are permitted. Mr. Vaupel noted that the current agreement allows for two 120 square foot signs. They have proposed two 100 square foot signs with one being removed when the entry monument is constructed around the time of the completion of Unit 1. The developer would still prefer the signs to be 120 square feet in an effort to make them more visible to traffic. The Council was comfortable with the 120 square foot signs. School Transition Fee The fee structure was discussed. Mr. Graff stated that Alderman Sticka asked if the developer would consider increasing the school transition fee which has increased since the original agreement was approved. The developer has proposed that the first 142 homes stay at the $1,500.00 fee and the new transition fee of$3,000.00 would be applied to the next 142 homes. Mayor Prochaska noted that the developer is only obligated to the original $1,500.00 fee and is doing this voluntarily. He asked why 142 homes were picked. Mr. Vaupel explained that the number of homes was based on the amount of money the developer is fronting. Alderman Sticka was satisfied with the offer. Landscaping Mr. Graff state that the developer is adopting the City's new landscaping ordinance. As part of this there will be buffer areas between the commercial and the residential areas and along Route 47. The old agreement required a 30' setback but the new plan will have a 50' setback where the residential portion is and 30' setback for the commercial portion. City Planner Mike Schoppe agreed to this due to the shape of the area. Mr. Graff pointed out that the previous plan had very minimal buffering. Page 3 of 9 Traffic Light Mr. Graff stated that the original language concerning the traffic light at Route 47 stated that the developer would pay 100%of the non-IDOT share. This has been changed to reflect a 50% contribution toward the traffic light since the developer only owns two sides of the intersection. The owners on the other side of Route 47 would be responsible for the remainder. Booster Station & Water Tower Mr. Graff indicated that Engineering Enterprises, Inc. (EEI)has identified a new water zone on the south side. A booster station is being required at the The Highlands development site along with a water tank. The City has asked Wiseman-Hughes to prepay the$800.00/house connection fee for at least 100 homes. Rich Guerard of The Highlands has also agreed to prepay. These funds will give the City money to begin building the booster station and the water tower. He noted that a water tower is not currently needed to service the zone but it would be good to get the booster station built in the next 12 months. Alderman Kot asked if the City was legally obligated to build the water tower within three years and what would happen if it isn't built. The Council discussed the language on page 7, item F of the agreement and it was decided to change the language so as to not tie the City to a specific time period. Architectural Standards Mr. Graff stated that the developer has included architectural standards to be applied to the commercial area(page 5, item C of the agreement). These standards are similar to those in the City's proposed architectural standards. Sanitary Sewers The sanitary sewers were discussed. Mr. Graff stated that the developer will front fund the City's Sanitary Sewer Improvement Fee($1,800.00/house) and the River Crossing Fee($122.50/house) for the whole development not per phase. They are also contributing an additional $170,000.00 toward the River Crossing Interceptor. Mr. Graff discussed the formula that was used to determine the developer's portion of the project. Also discussed was the possible reimbursement of the user fee from the utility billing($108.00/year/house)to only the developers of The Highlands and Windett Ridge for sewer improvements. Also discussed was page 8, item G regarding the City providing sanitary sewer capacity for the entire development with in three years of receipt of the fees from the developer. Attorney Kramer suggested alternate language and referred to his letter to Mr. Graff dated November 15, 2002 (see attached). Mr. Graff read the Attorney Kramer's recommended language from the third paragraph of the letter and the Council further discussed this. Mr. Vaupel stated that the developers concern was that they were contributing up front to the sewer improvements but were not being given any guarantees that the sewers would be provided. Mayor Prochaska noted that the City could not make any guarantees because the YBSD is also involved. Mr. Vaupel thanked the Mayor, Mr. Kramer and Mr. Graff for their efforts with working with YBSD. There were no further comments. It was decided to clean up the agreement as discussed and bring it back to the Economic Development Committee meeting on November 21, 2002 for their review then on to the City Council meeting on November 26, 2002. The Highlands Annexation Agreement Mr. Graff noted that there were quite a few revisions on this agreement. There is an updated version and Attorney Kramer will be meeting with the developer tomorrow on November 20`h to discuss it. Mr. Graff noted that the developer and adjoining property owners are in agreement on issues and the preliminary plat and engineering reflect this. The developer has worked out issues of the right to farm and buffering with adjoining property owner Mrs. Block. Alderman Sticka asked about the issue concerning the installation of a well because run-off from the development might contaminate the farm's pond which is used to water cattle. Mr. Guerard from Wyndham Page4of9 Deerpoint Homes stated that this is under investigation and if this is the case, the developer will install a well. There was no further discussion and it was decided to bring this matter back to COW in December. NEW BUSINESS City Secretary Job Description Alderwoman Spears reported that this item was discussed at the Administration Committee meeting and the new description is in keeping with the updating of the City's positions. The Administration Committee recommended a resolution for the new description. Mayor Prochaska questioned if the description should state that the position reports to the department head not the City Administrator so that it could be used universally throughout the City. Alderman Sticka noted that some of the job functions might not apply to other areas of the City. Alderman Kot noted that if this position was created in another area,the description could be modified. Alderwoman Spears agreed that this description could be a base and tweaked if needed for other areas. Mayor Prochaska stated that this description could be"Secretary—City Administration" and there could be other such as "Secretary—Police Department" or"Secretary—Public Works". The descriptions would follow the same format. Alderman Anderson questioned the experience requirements. Alderwoman Spears noted that someone without experience would be more qualified for a clerical/receptionist position. Mr. Graff noted that the labor attorney had not reviewed the description. It was recommended that this item be placed on the November 26, 2002 City Council agenda for approval pending the labor attorney's review. Old Kendall County Jail Discussion Alderwoman Spears reported that there was a Kendall County Facilities Management meeting November 18, 2002 but neither she nor Alderwoman Burd was able to attend. She stated that at that meeting Joyce Barrett was asked if the City of Yorkville was interested in the jail. Because of this, Alderwoman Spears stated that she attended the Kendall County Board meeting earlier in the day where she explained to them that one Council member alone could not respond to their question if the City was interested in the building. She also explained that the City had questions regarding the building that needed to be answered before it could make a commitment. John Church of the Board stated that no action would be taken until December 1,2002 when the new Board was installed. He also stated that they have until June 1, 2003 to apply for historical status and to obtain appropriate funds. Alderwoman Spears informed the Board that the City Council would like information on the building so that they could make a decision within the County's time frame. Mr. Church agreed to this. The new County Administrator Jeff Wilkes asked for a copy of Alderwoman Spears notes so that he could review them. He stated that he would be contacting Mr. Graff in order to work with the City. She expressed the need for clear communication between the City and County. Alderwoman Spears reported that the County further discussed what they felt were the pros and cons of the historical classification of the building, funding for renovation, etc. The Council further discussed the building. Mayor Prochaska agreed it better to wait for the new County Board to be seated before discussing this further with them. Alderwoman Burd asked the Council if there was interest in pursuing this because if there wasn't the subject should be dropped with the County. The discussion included the possible use of the building, the downtown plan, cost of renovation, cost to acquire the property, county verses state codes to Page 5 of 9 disposing of public property, private versus public use of the property, etc. Alderwoman Burd suggested that once the new Board takes over an ad hoc committee be formed with the County to get the facts on the building. Alderman Sticka suggested that the Committee consist of City staff instead of elected officials. Mayor Prochaska suggested that Mr. Graff meet with the new County Administrator and Rodger Dahlstrom of Northern Illinois University(conducting downtown study)to discuss the building. Alderwoman Burd voiced her opinion that she felt the"heart" of Yorkville is only one block long and she would like the Council to try and preserve what is there. She explained that Joyce Barrett has done research on the building and there are possibly only two similar buildings in existence in the state. This item will be brought back to a COW meeting after the discussion. Street Name Nominees and Letter to Nominees Alderwoman Spears reported that the Human Research Committee(HRC)has prepared a letter to send to those nominated for street names or their family members. They also will be interviewing nominees or their families. HRC member Elden Madden has asked for the Council's approval of the letter. Alderman Kot commented that the forms are excellent and very well done. The Council agreed. Alderman Kot asked if HRC has a list put together. Alderwoman Spears stated that the first list which she gave Alderman Kot was recommended and accepted by the HRC and the names of J. Dennis Hastert and Jeaness and Curt Medin have been added. Alderman Anderson commented that he had never seen the original list. Alderwoman Spears noted that it was sent to the Public Works Committee and she would get a copy to him. The Council agreed that the HRC should be advised to move forward with the program. Grande Reserve—Metro Traffic Study Contract Mayor Prochaska reported that The Grande Reserve developer is looking to use the Metro Transportation Group to perform a traffic study for the development however the group will be hired through the City. This ensures that the group uses the City's guidelines and standards. Mr. Graff stated that the City's contact person for traffic studies is Police Chief Harold Martin. The scope of services will be reviewed by Chief Martin and City Engineer Joe Wywrot. The objective is to have the traffic study done with input regarding the character of the area and behavior patterns. Chief Martin, Mr. Wywrot and a representative with Engineering Enterprises, Inc. met with Metro and they felt that the proposal was adequate. The City will hire Metro but the developer is paying for the study. Attorney Kramer commented that Kendall County has been using a smaller firm for traffic studies and they have been doing a good job. He suggested in the future the City may want to use them. He stated that he would get the information for the Council. Alderwoman Spears noted that the contract states "village" of Yorkville and asked that this be corrected. This item was placed on the November 26, 2002 City Council agenda. Review of Revised Aurora Area Convention & Tourism Bureau (AACVB) 3-year Contract Alderwoman Spear reported that the five-year contract with a clause to"opt out" after three years was discussed by the Administration Committee. Two members of the Committee recommended that the Council approve this contract however one opposed it. Alderman Sticka noted that AACVB stated that this was a"take it or leave it"contract with the three-year option the only one on the table. Alderman Munns noted that he asked AACVB why the City couldn't just have Page6of9 three-year contract and they explained that they wanted to have a uniform five year contract with all the cities involved. The Council discussed how AACVB is reimbursed for their service. Alderwoman Spears noted that as of September 2002 Yorkville collected$18,335.82 with the hotel tax and paid AACVB 90% of this or$16,502.24. Other cities participate but because they do not have hotels or motels they do not contribute funds. The Council discussed how the City benefits from AACVB's services. Alderwoman Spears stated that she spoke with Greg Freeman of Freeman Sports regarding the coupon offer in the AACVB's brochure. He stated that he had two responses and coupons generally don't do very well. Alderwoman Burd stated that she spoke with Mr. Freeman who pointed out that the coupon offer was a small percentage of what AACVB has done for him and he supports them and their services. She stated that Alderwoman Spears only asked about the coupons. Alderman Sticka noted that the coupons are way to measure the effectiveness of the advertising. Alderwoman Spears also stated that she contacted the City's hotel properties. She was unable to talk with the owner of Lydia's but spoke with Mr. Patel of the Super 8. She was uncertain if it was Mr.Patel the owner or Mr. Patel the manager she spoke to. She asked his opinion if the City should renew the contract with AACVB and he stated that he had no way of tracking if he received business due to their advertisements. He also felt that they did not benefit from AAVCB. Mayor Prochaska stated that he would like to clarify if this information was from the owner or manager of the hotel. Alderwoman Spears stated that she also asked if the advertising the AACVB does was worth the tax dollars collected by the City. Mr. Patel stated that he felt only the large cities benefited from advertising in the visitor's guide. He noted that they asked him to participate in a coupon event for a local canoe event and he did not receive any customers from it. Alderwoman Burd commented that owner of the Hampton Inn in Aurora spoke with Mr. Patel the owner of Super 8 and they discussed the AACVB. Mr. Patel told him that he was not in favor of Oswego pulling out of the contract and he was not aware that his Oswego hotel would not be promoted. Alderman Sticka commented the contract did not state the amount of Yorkville's contribution and there was very little in the contract stating what they were going to do for the City. Attorney Kramer stated that the Council had a copy of the intergovernmental agreement and not the specific long form agreement. Mayor Prochaska commented that if the City is not going to promote tourism it could forget about grants that apply to tourism. He stated that he was personally against ending the contract. He stated that neither the City nor the Chamber of Commerce has appointed someone to be a point person to verify that AACVB is working for the City. He also stated that if the City truly wants to break away from the AACVB it needs to set up for it by establishing an alternative for this service. This contract would give the City three years to get things in order. Alderman Sticka stated that he agreed that the contract should not be dropped but would prefer if the City could renew it on a year-to-year basis. The Mayor noted that the City will not be at the point in one year to take over tourism. Alderwoman Spears asked if the City could require the AACVB to present an annual report. She also asked if something could be included in the contract regarding performance standards. Attorney Kramer stated that he needed to review the original agreement to verify the wording. Alderman Anderson also asked to see the original agreement because he was concerned with the Page 7 of 9 fact that cities without hotels contribute nothing to AACVB and Yorkville is contributing 90% of its hotel tax. It was decided that the Council would be provided with a copy of the original agreement and this item would be brought back to the next COW meeting. 2003/2004 Tax Levy Alderwoman Spears stated that the Administration Committee reviewed the tax levy and recommends that the City move forward with Option 1. Mayor Prochaska explained that the City has gone through the same procedures it has used in past years. It looked at the average increase in assessed value and adjusted the rate per that. He noted that this year there wasn't a general reassessment so the average assessment increased by 1.6%. The City used the 1.6%increase and applied the same formula that was used last year to determine a rate of.9126. This helps to maintain a level tax dollar amount. The Equalized Assessed Value(EAV) is growing and even with holding the City's tax rate the City will see an increase in funds coming in. Mayor Prochaska also recommended Option 1. Alderman Kot commented that historically the Council has done a great job of holding the line on taxes and he also recommended Option 1. The consensus of the Council was to follow Option 1. A public hearing for this item was scheduled for December 10,2002 with it going on the City Council agenda for approval on December 17, 2002. Sponsorship Proposal for Park Brochure and City Newsletter Alderwoman Spears complimented Executive Director of Parks & Recreation Laura Brown on the Parks & Recreations brochure. She stated that Ms.Brown is proposing that business pay for advertising in the Park&Recreation brochure as well as the City's newsletter. The Administration Committee discussed this and two members opposed advertising in the City's newsletter because they felt this wasn't appropriate but they agreed to it in the Parks & Recreation Brochure. Alderwoman Spears noted that the current cost of the newsletter is $700.00/publication and the brochure is $2,200.00/publication. The Council discussed the issue. Alderwoman Burd felt that advertising compromises the City's position because it could show a preference to the businesses that advertise. She suggested that the City allocate more funds to the newsletter so that a better look could be achieved. Mayor Prochaska noted that this was not a new idea. If a business wanted to they would pay a sponsorship fee and then their logo would be placed on the back of the newsletter. He explained that he has spoken with Deputy Clerk Liz D'Anna who prepares the newsletter and she has great ideas for it. Money from sponsorships would help to create a more substantial newsletter. Alderman Kot noted that the City gets sponsors for"Music Under the Stars". Aldermen Anderson, Kot, Besco, Munns and Spears noted that they did not have a problem with sponsorships as long as it was for Yorkville businesses and it was done tastefully. The Council discussed sponsors signs in City Parks. Alderman Sticka was against this provision. Mayor Prochaska noted that this was done every year at the River Front Festival and is done with "Music Under the Stars". Ms. Brown stated that this is not a novel concept because other Recreation Departments in Illinois are selling sponsorships for websites, signs in parks, etc. Alderman Kot noted that he agreed with Alderman Sticka and felt that clarification between ball fields and parks should be made. He stated that he did not have a problem with print sponsorships or ball field sponsors but would not like to see signs in the parks. The Council also discussed the City's liability to stolen or damaged signs and the quality of the signs. . Page 8 of 9 • Alderman Sticka stated that Alderwoman Burd's point regarding favoritism was well taken. He wondered how local business would feel about sponsorships. Mr. Graff noted that the Chamber of Commerce was meeting the next day,November 20,2002 and this could be presented to them for comments. Kathy Farren with the Kendall County Record was present and commented that as a business who sells advertising she had a problem with sponsorships appearing like ads. This takes away from the newspaper's advertising due to businesses advertising budgets. The City could be competing with them for advertising. It was decided to poll businesses at the Chamber meeting and bring this item back to the next COW meeting. Assist 2003—First Time Homebuyer Down Payment Assistance Program Alderwoman Spears reported that the City has participated in this program for four or five years, it has proven to be a successful program and the Administration Committee has recommended participating in the program again. Attorney Kramer noted that a resolution needed to be passed for the program. The consensus of the Council was to send this item to the next City Council meeting on November 26, 2002. Public Safety Request to Hire New Officer in January 2003 Alderwoman Spears reported that this was discussed at the Administration Committee meeting as well as the Public Safety Committee meeting. Both Committees' recommend the hiring of a person at this time because by the time the officer's training is completed it will be January. The salary for this position is in the budget. This item was placed on the November 26, 2002 City Council agenda for approval. Proposed Contract for Web Development and Technology Services Alderwoman Spears stated this item was discussed at the Administration Committee meeting and they agreed the contract should be sent to COW for further discussion. They felt it was time for the City to contract with someone to take care of its web page. Mr. Graff stated that the City has been shopping for a company that could get the City's website up and running in an efficient manner. The contract in question was from Innovative Information Systems, Inc. (IIS)who had a booth at the Illinois Municipal League Conference. IIS recommends an analysis of the City's needs be preformed in order to develop a technology plan. The Council discussed the need for an official City website because there are other sites with similar names that are not related to the City. The need for a connection to Microsoft Server was discussed. This was recommended to assist the new accounting package when it comes to the interconnectivity of City sites. Alderman Kot asked if the fees were reasonable and Mr. Graff stated that in the past,Russ Walters charged the City $1,600.00 for a software audit. Generally speaking, fees for this type of service range between$75/hour and$125/hour. Request for Proposal's(RFP's)were discussed. Mr. Graff stated that there wasn't a formal RFP for these services. He stated that he spoke with other venders and this was the only one who sent information. Mayor Prochaska suggested that the City should do an RFP for these services. Mr. Graff stated that if an RFP needed to be done it would delay the process about twelve weeks. The cost for IIS's analysis is between$2,250.00 and$3,600.00 and an RFP is not needed for this. He also pointed out that the analysis may provide information necessary in writing a RFP for further services. Mayor Prochaska stated that he would support the analysis as long as it is made clear that RFP's will be written before implementing any technology. Mr. Graff noted that he could ask Northern Illinois University's Page 9 of 9 career development technology services to assist the City with writing the RFP after the analysis is done. The Council agreed to the contract for the technology analysis. This item was placed on the City Council agenda. Administrator's Assistant Job Description Alderwoman Spears noted that this was an update to the present description and the Administration Committee recommended a resolution for it. Mr. Graff stated that he would verify if the labor attorney had approved the update. This item was placed of the City Council agenda pending the labor attorney's approval. Board Appointments Mayor Prochaska reported that he had a nominee, Dean Bromann of White Oak Way, for the opening on the Zoning Board of Appeals. He will propose this appointment at the next City Council meeting. He noted that there are also openings on the Human Resource Commission, Facade Committee, and two on the Park Board (Lisa Scherer resigned as of January 1, 2003 and Bill Wedge is moving out of Yorkville and December 4, 2002 will be his last meeting). The Mayor asked that if the Council knew of anyone who might be interested to please have the individuals contact him. He also asked Mr. Graff if he could develop a form for applicants. Library Architect Contract Mayor Prochaska reported that the Library Board has approved a contract with Brunidge Cassell Associated and they have voted to authorize the president of the Library Board to sign the contract. Attorney Kramer reviewed the contract and did recommend one area be deleted regarding using the American Institute of Architecture(AIA) for arbitration. The AIA is located in New York or Dallas and there is a firm located in Kane County that is more accessible and economical. Mr. Kramer stated that he discussed this with the architects. Mr. Kramer suggested ratifying the contract at the City Council meeting even though the Library Board has the authority to contract and the Board agreed to this. This item was placed on the next City Council agenda. ADDITIONAL BUSINESS There was no additional business. Mr. Graff congratulated Alderman Kot's daughter, Brittney, for making it to the Miss Teen USA Pageant the weekend on November 22nd -24`h. He wished her good luck. The meeting was adjourned at 9:55 P.M. Minutes respectfully submitted by Jackie Milschewski, City Clerk 11/15/02 FRI 18:52 FAX 553 5784 KRAMER LAW Z002 • , t.D Cir` United City of Yorkville E9T. 1&96 County Seat of Kendall County B00 Game Farm Road - r fA Yorkville.Illinois 60560 o I� ;y p Phone:630.553.4350 9 �= Fax:630-553-7575 4 L E November 15, 2002 Tony Graff, City Administrator City of Yorkville -- 800 800 Game Farm Road Yorkville, IL 60560 Dear Tony: Please be advised that I have reviewed the November 15, 2002 version the Wiseman-Hughes Annexation Amendment. We previously had worked out nearly all of the language changes that were necessary for that agreement to proceed to City Council. The one area that has been very difficult for both sides since we are unsure of the funding mechanism for the sanitary sewer expansion is to provide language that indicates the City will use it's best effort to come up with an acceptable method of financing for the over-sizing costs for the sanitary sewer infrastructure needed to service both this development and future developments south of the Fox River, My recommendation would be to add the following language to page 8 of the sanitary sewer section of that agreement: after the word agrees in line 7 of the 3' column I would add"to use its best efforts" 1 further would recommend that we add a sentence at the end of line 9 of that agreement reading as follows: "In the event the CITY is unable to provide an acceptable method of financing the balance of the sanitary sewer expansion cost for over-sizing the sanitary sewer mains necessary to provide sanitary sewer service to the area south of the Fox River, the City shall be relieved of its obligation to wan-ant sanitary sewer service for the entire subdivision under the tenns of this agreement." J This language provides that we will use our best effort to arrange for financing between all parties, while at the same time providing relief from any warranty of service for the entire development in the event we not able to conclude an agreement with Yorkville Bristol Sanitary District or other methods of financing the necessary sanitary sewer expansion. Should you have 11/15/02 FRI 16:53 FAX 553 5764 KRAMER LAM' X000 any questions please feel free to contact me. Very truly yours, Daniel J. Kramer Attorney at Law - DJK/pdc COUNTY OF KENDALL ) ) ss STATE OF ILLINOIS ) Resolution No. RESOLUTION APPROVING AN APPLICATION FOR ILLINOIS MUNICIPAL ASSISTANCE PROGRAM SERVICES WHEREAS the City Council of the UNITED CITY OF YORKVILLE recognizes the value of an independent review and assessment of the City's governance and management practices for identifying opportunities to strengthen effectiveness in economic development. WHEREAS, Northern Illinois University Center for Governmental Studies provides assistance for such reviews and assessments through its Illinois Municipal Assistance Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE AS FOLLOWS: 1. That the City Council of the UNITED CITY OF YORKVILLE , does hereby approve the application for Illinois Municipal Assistance from Northern Illinois University Center for Governmental Studies. 2. That the Mayor is hereby authorized to sign this application on behalf of the City and that the City Clerk is hereby directed to send this application along with a signed copy of the Resolution. 3. That the City Council of the UNITED CITY OF YORKVILLE, does hereby request that the Northern Illinois University Center for Governmental Studies conduct a governance and management practices assessment. 4. That the City Council does hereby request the cooperation and support of all elected and appointed officials, employees, citizens, and business owners of the UNITED CITY OF YORVILLE, for the purposes of assisting the Northern Illinois University Center for Governmental Studies during the conducting of the governance and practices assessment. This Resolution passed and approved by the City Council of the UNITED CITY OF YORKVILLE, IL, this day of 2003. UNITED CITY OF YORKVILLE MAYOR ARTHUR F. PROCHASKA, JR. ATTEST: CITY CLERK JACQUELINE MILSCHEWSKI Certification I do hereby certify that the above Resolution was passed by a majority vote of the City Council of the UNITED CITY OF YORKVILLE, IL, on the day of , 2003. CITY CLERK JACQUELYN MILSCHEWSKI 01/22/2003 08 25 FAX 630 553 5764 DANIEL J KRAMER Z002/004 STATE OF ILLINOIS ) ) ss January 13, 2003 COUNTY OF KENDALL ) Revised January 14, 2003 January 22, 2003 ORDINANCE NO. 2003- ORDINANCE AMENDING UNITED CITY OF YORKVILLE LAND CASH ORDINANCE NO. 96-3 WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council, has determined it necessary to amend the Land Cash Ordinance#1996-3 Section 1.C.5 Fair Market Value to reflect a substantial increase in the fair market value of improved residential real estate based upon a study prepared by a certified appraiser and; WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council, has determined that the"fair market value" for all residential improved real property shall be determined by a study performed by the United City of Yorkville's direction not less than every three years commencing in the 2002-2003 fiscal year; WHEREAS,THE UNITED CITY YORKVILLE, after careful consideration by the Mayor and City Council, has determined that it is in the best interests of the community to amend the Section 1.C.5 Fair Market Value of the Land Cash Ordinance #1996-3. NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE; 1. That Section 1.C.5 Fair Market Value of the Land Cash Ordinance #1996-3 is hereby revoked; and a new Section 1.C.5. is created to read as follows: a, The cash contributions in lieu of land shall be based on the"Fair market value" of the acres of land in the area improved that otherwise would have been 1 01/22/2003 08 25 FAX 630 553 5764 DANIEL J. KRAMER 0 003/004 dedicated as park, recreation, or school sites. The "Fair market value"for any parcel of residential real property shall be deemed to be fifty-eight thousand dollars and 00/100($58,000.00)based upon the study of Thompson Appraisals. The"Fair market value"of an area of residential real property shall be reviewed by study every three (3) fiscal years or less, commencing May 1, 2003. In the event of any objection by the subdivider,developer, or public body,the objector shall submit an appraisal showing the"Fair market value"of such improved land in the area of development of other evidence. Final determination of said"Fair market value"per acre of such improved land shall be made by the City Council based on such information submitted by the subdivider or developer and from other sources as may be submitted to the City Council by affected parties." 2. The Impact Fee/Land Cash Value Analysis&Report prepared by Thompson Appraisals dated December 1, 2002 is incorporated herein reference. 3. Any Ordinance or parts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. 4. The various parts, sections, and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the Ordinance shall not be affected thereby. IN WITNESS WHEREOF,this Ordinance has been enacted this day of 2003. MIKE ANDERSON JOSEPH BESCO 2 01/22/2003 08: 25 FAX 630 553 5764 DANIEL J KRAMER D1004/004 VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA APPROVED by mc, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 20 _ MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County,Illinois this day of , A.D. 20 Attest: _ CITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 630.553.9500 3 GC D 191 N.Wacker Drive, Suite 3700 Gardner Carton & Douglas Chicago, Illinois 60606-1698 Washington, D.C. ROY M. HARSCH Tel 312 569 1000 I Fax 312 569 3000 member (312) 569-1441 www.gcd.com World law Group rharsch@gcd.com a global network Fax(312) 569-3441 of independent firms located in 30 countries January 21, 2003 DICTATED BUT NOT READ VIA FA CSIMILE/U.S MAIL Mr. Anton Graff City Administrator City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: BSD Intergovernmental Agreement Dear Tony: Enclosed please find the revised Agreement that incorporates the changes we talked about today. I have included the two new "WHEREAS" clauses as paragraphs 6 and 7. As I explained to you and Ralph, the new WHEREAS clause in paragraph 7 was too harsh, so after talking to Dallas we agreed to language that I have included. You understand the deletion that was made to paragraph 3 enlarges the scope of potential indemnification; it is a reasonable change. Please let me know if you or Ralph have any questions. Very truly yours, a(A Roy M. Harsch RMH/dml Enclosure cc: Ralph Pfister (w/encl.) CH02/22226397.I Gardner Carton&Douglas LLC AGREEMENT This Agreement is made and entered into this day of January, 2003, by and between the United City of Yorkville ("City"), and Yorkville Bristol Sanitary District ("District"), (collectively"the Parties"). RECITALS 1. WHEREAS, the City's uses raw water from deep wells as a source of municipal drinking water, and this raw water contains naturally occurring radium; and 2. WHEREAS, the City intends to treat the raw water to remove radium in order to meet applicable standards governing drinking water; and 3. WHEREAS, the City seeks to discharge wastewater in connection with its treatment of raw water to the District; and 4. WHEREAS, the District's sludge currently contains radionucleides and is subject to applicable laws governing disposal; and 5. WHEREAS, the concentration of radionucleides in the District's sludge may be increased as a result of the City's discharge of wastewater; and 6. WHEREAS, the District's sludge is currently capable of being land applied; and 7. WHEREAS, an increase in the concentration of radionucleides may impact said land application; and 8. WHEREAS, the District may therefore incur increased costs as a result of the City's discharge of wastewater from the proposed radium treatment systems; and 9. WHEREAS, the District and the City seek to agree to the terms by which to allow the City to discharge its wastewater to the District and allow the District to recoup its increase any associated increase in costs; WHEREFORE, in consideration of the mutual promises, covenants and releases contained herein and for other valuable consideration, the sufficiency of which is hereby expressly acknowledged, IT IS AGREED THAT 1. The District agrees to accept wastewater from the City's treatment of radium as required by applicable law to meet drinking water standards. 2. The City will indemnify the District for costs of disposing of sludge from the wastewater discharged by the City to the District. To fulfill this requirement, the District may elect to continue to dispose of sludge and in the event the District so elects, the City will reimburse the District for such costs; or the District may contract with the City for sludge removal at no cost to the District. In the event the District elects to continue to dispose of sludge, the District may itself award the contract by a request for proposal, or the City and the District will mutually agree upon a contractor for sludge disposal at the cost of the City. 3. On the terms and subject to the conditions of this Agreement, the City shall indemnify, defend, protect and hold harmless the District from and against any and all claims, demands, causes of action, injunctive relief, liabilities, damages, losses, penalties, fines, forfeitures,judgments and expenses (including, without limitation, attorney fees, consultant fees and expert fees) (collectively "Claims") that shall be asserted against or incurred by the District by reason of and to the extent any Claims shall arise from any increase in radionucleides to the extent of the City's discharge of radium in wastewater to the District. 4. In the event any Claim that may be subject to this Indemnity Agreement becomes known to the District, the District shall promptly notify the City. The District agrees that any action to respond to Claims under paragraph 2 and 3 of this Indemnity Agreement shall be developed and implemented in cooperation with the City. 5. This Agreement shall not apply to any Claim incurred by the District as a result of affirmative actions of the District, to the extent that such actions cause or exacerbate any conditions resulting from the City's discharge of wastewater containing radium. 6. The City and the District agree that they will not make any claims against each other for any of the acts contemplated by this Agreement, and that they will release, waive, and discharge any and all claims, counterclaims, and defenses, known or unknown, that they may have against the other relating to, or arising from, the facts which form the basis of the Agreement. The releases set forth above do not release, diminish, discharge or affect the obligations of the Parties under the terms of this Agreement. 7. This Agreement is binding upon and inures to the benefit of each Party to this Agreement and to all officers, directors, employees, beneficiaries, administrators, agents, servants, attorneys, other representatives, insurers, shareholders, partners, principals, affiliates, subsidiary corporations, successors, assigns, and heirs of each Party to this Agreement. This Agreement may not be assigned or transferred by any Party under any circumstances, except upon the prior written consent of all Parties. 8. Any notice required or desired to be given hereunder shall, unless otherwise specified, be sufficient if in writing and personally delivered or sent by certified mail, return receipt requested, and sent via facsimile, as follows: 9. If to United City of Yorkville, to: Mr. Anton Graff City Administrator City of Yorkville 800 Game Farm Road Yorkville, IL 60560 2 10. If to Yorkville Bristol Sanitary District, to: Ralph E. Pfister Executive Director Yorkville-Bristol Sanitary District 304 River Street P.O. Box 27 Yorkville, IL 60560 or to such other address as the addressee may have specified in a notice fully given to the sender as provided herein. 11. Each of the undersigned warrants that he or she has full right, title, power and authority to execute this Agreement. 12. Each of the undersigned warrants and represents that he or she has read this Agreement, and each has, either personally or through his or her attorney or attorneys, fully investigated to his or her full satisfaction the facts surrounding the various claims, controversies, and disputes, and understands and is fully satisfied with the terms of this Agreement. 13. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable laws, but if any provision of this Agreement shall be held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement. 14. This Agreement constitutes the entire understanding between the Parties with respect to the subject matter hereof, supersedes any and all prior written or oral agreements between or among the Parties, and may not be modified in any manner, except by an instrument in writing signed by the Parties. 15. This Agreement may be simultaneously executed in two or more counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute a single agreement. 16. Exchange of signatures by facsimile shall be satisfactory execution to make this Agreement valid and enforceable. 3 • 17. This Agreement will be governed by the laws of the State of Illinois. AGREED AND ACCEPTED: United City of Yorkville Yorkville Bristol Sanitary District By: By: Title: Title: CH02/22220545.1 4 01/24/2003 14 57 FAX 630 553 5764 DANIEL J KRAMER Z002/004 Ep C/T ?�� i �9, United City of Yorkville e. isi — , County Seat of Kendall County EST.% .r�1O36 �� B00 Game Farm Road N Yorkville,Illinois 60560 O • �a � Phone'630-553-4350 ! .. � Fax:630-553.7575 January 24, 2003 Art Prochaska, Mayor Tony Graff, City Administrator Liz D'Anna, Deputy Clerk Jackie Milschewski, City Clerk City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Consent Agendas Ladies & Gentlemen: - Please he advised 1 have consulted the applicable case law and Illinois State Statutes regarding Consent Agendas in response to the questions that arose at the January 21, 2003 Committee of the Whole Meeting. When implementing a Consent Agenda Policy there is no need to pass an ordinance or resolution, the City simply puts the consent agenda items on the regular agenda and then would vote on the whole. Please be advised that this devise could be used for diverse group of items, including simple motions, motions authorize the expenditure of funds, motions to pass ordinances or resolutions, motions to received or accept documents and various other governmental actions. In order to create the actual consent agenda, the City must agree unanimously on what items must be acted upon under the consent agenda. Then at the meeting a single vote is taken on whether to accept or reject all of the items on the consent agenda. If any item on the consent agenda requires the vote of the Mayor, then the Mayor should vote on all of the motions. l'ui14liuuie pluase he ad1l:;G(l ll7ill all items 1,1«ee(1 oil 1;►; (.u.lili ngellua iuusl by law be 1)1 cfiy explained to the public in attendance at the particular meeting. This explanation can be done by the Mayor, and can be very short and straight forward. 01/24/2003 14: 57 FAX 630 553 5764 DANIEL J. KRAMER 12003/004 Should you have any questions please feel free to contact my office. Very truly yours, ,,t) Kelly A. Kramer Attorney at Law KA.K/pdc 01/24/2003 14. 57 FAX 630 553 5764 DANIEL J. KRAMER 0004/004 Page 2 of 9 IL ST CH 65 § 5/3.1-40-40 Page I 65 1LCS 5/3.1-40-40 Formerly cited as IL ST CH 24¶3.1-40-40 WEST'S SMITH-I-IURD ILLINOIS COMPILED STATUTES ANNOTATED CHAPTER 65.MUNICIPALITIES ACT 5.ILLINOIS MUNICIPAL CODE ARTICLE 3.1.OFFICERS DIVISION 40.CITY COUNCIL Copr. ®West Group 2002. All rights reserved. Current through P.A.92-857 of the 2002 Reg.Sess. 5/3.1-40-40, Vote required § 3,1-40-40. Vote required_ The passage of all ordinances for whatever purpose, and of any resolution or motion (i) to create any liability against a city or (ii) for the expenditure or appropriation of its money shall require the concurrence of a majority of all members then holding office on the city council, including the mayor, unless otherwise expressly provided by this Code or any other Act governing the passage of any ordinance, resolution, or motion. Where the council consists of an odd number of aldermen, however, the vote of the majority of the aldermen shall be sufficient to pass an ordinance. The passage of an ordinance, resolution, or motion to sell any school property shall require the concurrence of three-fourths of all aldermen then holding office. The yeas and nays shall be taken upon the question of the passage of the designated ordinances, resolutions, or motions and recorded in the journal of the city council. In addition, the corporate authorities at any meeting may by unanimous consent take a single vote by yeas and nays on the several questions of the passage of any 2 or more of the designated ordinances, orders, resolutions, or motions placed together for voting purposes in a single group. The single vote shall be entered separately in the journal under the designation "omnibus vote", and in that event the clerk may enter the words "omnibus vote" or "consent agenda" in the journal in each case instead of entering the names of the members of city council voting "yea" and those voting "nay" on the passage of each of the designated ordinances, orders, resolutions, and motions included in the omnibus group or consent agenda. The taking of a single or omnibus vote and the entries of the words "omnibus vote" or "consent agenda" in the journal shall be a sufficient compliance with the requirements of this Section to all intents and purposes and with like effect as if the vote in each case had been taken separately by yeas and nays on the question of the passage of each ordinance, order, resolution, and motion included in the omnibus group and separately recorded in the journal. Likewise, the yeas and nays shall be taken upon the question of the passage of any other resolution or motion at the request of any alderman and shall be recorded in the journal. CREDIT(S) 1996 Main Volume Laws 1961,p,576, § 3.1-40-40, added by P.A. 87-1119, § 2,eff.May 13, 1993. FORMER REVISED STATUTES CITATION 1996 Main Volume Copr. ®West 2003 No Claim to Orig.U.S.Govt.Works http://print,westlaw.com/delivery.html?Best=atp&dataid=$0055g0000000fi'i9.flnnd 16457d 1/11 i111n1 01/24/2003 14 57 FAX 630 553 5764 DANIEL J KRAMER Z001/004 LAW OFFICES OF Daniel J. Kramer 1107A SOUTH BRIDGE STREET DANIEL J.KRAMER YORKVILLE,ILLINOIS 60560 JILL K.KONEN (630)553-9500 KELLY A.KRAMER Fax;(630)553-5764 FAX COVER SHEET DATE: January 24, 2003 TO: Liz D'Anna RE: Consent Agendas NO: 553.7575 FROM: Daniel J. Kramer NUMBER OF PAGES (INCLUDING THIS PAGE): 3 ® For your information 0 Please sign and return U For your review 0 Please keep in a safe place O Please call me after review ❑ Please pay invoice directly ❑ Per our discussion ❑ Please file ❑ For your file ❑ Please record ❑ Per your request COMMENTS: TIlE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS ATTORNEY PRJvtLEOED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. U.THE READER OF 'HIS MESSAGE IS NOT THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISSEM INA TION,DISTRIBUTION OR COPYING OP THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED TI-US COMMUNICATION IN ERROR,PLEASE IMMEDIATELY NOTIFY US By TELEPHONE AND RETURN THIS ORIGINAL MESSAGE TO US AT'I HE ABOVE ADDRESS VIA THE UNITED STATES POSTAL SERVICE, THANK YOU IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL (630) 553-9500 FOR YOUR CONVENIENCE IN TRANSMITTING TO US, OUR FAX NUMBER IS: (630)553-5764 UNITED CITY OF YORKVILLE ACCOUNTING CLERK II/HUMAN RESOURCE CLERK JOB DESCRIPTION Department: Administration Reports To: Finance Director Status: Full Time Position Description Overview This individual is responsible for performing accounting clerk functions, personnel duties and facets of human resources for all City Departments (including Library, Parks, and Recreation). Regularly assists and acts in a confidential capacity for the City Administrator and Department Heads with regards to labor relations and personnel matters. Has authorized access to information relating to any of the City's collective bargaining agreements. Remains current in accordance to municipal accounting practices. Accounting Clerk II - Essential Job Functions 1. Enter accounts payable invoices into the system. Prepare bill list for City Council meetings bi-monthly. 2. Retains all payroll records and performs all payroll processing functions. 3. Maintains loan information; processes loan payment checks based on payment dates. 4. Prepare quarterly tax report. 5. Prepare monthly budget reports. 6. Assist Finance Director and Department Heads with the Annual Budget process. 7. Reconcile daily/monthly: Accounting system transaction entries, bank statements, fund conditions,transfers. 8. Prepare monthly and annual treasurer's report to be provided to the City Treasurer for review. 9. Assist with accounts receivable processing. 10. Retains, maintains, and processes all accounting records and filings. 11. Assists with capital asset inventory tracking relating to GASB 34 reporting and budgeting purposes. 1 12. Assist auditors with gathering annual audit report information. 13. Assist with the development of the Accounting Procedure Manual and ongoing reviews and updates as directed. Human Resource Clerk—Essential Job Functions 1. Complete and file all paperwork necessary for new hires in all departments of the City, including informing each new hire of our policies, Employee Manual and all benefits offered. 2. Keep records of various types of City and employee insurance policies and coverage. 3. Process all employee and City insurance claims, including ongoing dental and vision assistance. Assist employees with insurance concerns. 4. Work with insurance vendors seeking the best plan(s) for the City. 5. Responsible for filing mandated Federal and State documents, such as Workman's Comp, OSHA, FMLA. 6. Retains, maintains, and processes personnel related 7. Create and maintain the Human Resource Procedure Manual. General Job Functions 1. Assist in resolving computer software problems. 2. Answer phones,take messages as needed and assist with front counter duties as back up. 3. Other duties as directed by the Finance Director. Basic Requirements - Job Knowledge 1. Ability to perform necessary accounting functions to perform duties. 2. Ability to utilize the City's accounting/personnel software. 3. Ability to operate a variety of office equipment including a typewriter, word processor, facsimile machine and calculator(by touch). 2 4. Ability to maintain strict confidentiality. Minimum and Preferred Experience and Education 1. Minimum of two (2)years accounting clerk experience. 2. High School Degree supplemented by courses in accounting and business subjects, 40 credit hours of college level courses in accounting or personnel and/or related subjects preferred. 3. Any equivalent combination of experience and education that provides the required knowledge, skills and abilities. 4. Must have successfully completed a background investigation with findings of good character and no felony convictions. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change. 3 AGREEMENT BETWEEN YORKVILLE-BRISTOL SANITARY DISTRICT AND UNITED CITY OF YORKVILLE THIS AGREEMENT made and entered into this day of , 2003, by and between the YORKVILLE-BRISTOL SANITARY DISTRICT, a municipal corporation, (hereinafter referred to as"DISTRICT"), of the County of Kendall, State of Illinois, and THE UNITED CITY OF YORKVILLE, municipal corporation, (hereinafter referred to as"CITY"), WITNESSETH: WHEREAS, each party to this agreement is a Governmental Entity authorized by State Statute under Illinois complied Statutes to enter into agreements for delivery of Governmental Services to its citizens; and WHEREAS, the Yorkville-Bristol Sanitary District provided sanitary sewer treatment for sewage effluent produced and transported within the DISTRICT boundaries, and WHEREAS, the Yorkville-Bristol Sanitary District assumes responsibility for construction and maintenance of all interceptors within said system eighteen (18") inches in size or larger, and WHEREAS, the current development of the United City of Yorkville requires the installation of a collector system to connect with the existing interceptor located along the Blackberry Creek North of Route 34 to serve existing and immediately planned commercial developments located East of Illinois Route 47 in the United City of Yorkville, and WHEREAS, said service anticipates the construction of a twenty-four (24") sewer interceptor and requires the installation of a permanent pump station or force mains to deliver the sewage waste to the aforesaid existing interceptor, and WHEREAS, engineers for the Yorkville-Bristol Sanitary District have advised that the proper method of providing delivery of said sewage effluent is on a route delineated as Alternate No. 6 in their letter dated November 11, 2002 to the Sanitary District. NOW, THEREFORE, IT IS HEREBY AGREED by the parties as follows: 1) That the DISTRICT's ENGINEER will contract with the City to design and construct the 24-inch interceptor, permanent pump station and force mains as delineated on Alternate No. 6 in said letter dated November 11, 2002. 2) That the CITY will upfront the funds to the DISTRICT for the design and construction of said 24-inch interceptor, pump station and force mains, until such Page 1 of 2 time the DISTRICT collects sufficient Infrastructure Participation Fees from developers tributary to said interceptor in accordance with Section 1, Paragraph Five of the DISTRICT's Sewer Use Ordinance and reimburse the CITY within 90 days of receipt of the fees. 3) That the DISTRICT will own and maintain said 24-inch interceptor and the CITY will own and maintain said pump station and force main. 4) Each party to this Agreement understands and acknowledges that since the municipality of the United City of Yorkville is advancing the cost of said improvements, that no other municipality shall be allowed to connect to said improvements without the written consent of each party to the Agreement. NOTICES OR DEMANDS Any notice or demand hereunder from either party to another party hereto, shall be in writing and shall be deemed served if mailed by prepaid certified mail addressed as follows: Mayor and Aldermen President and Board of Trustees United City of Yorkville Yorkville-Bristol Sanitary District 800 Game Farm Road PO Box 27 Yorkville, IL 60560 Yorkville, IL 60560 UNITED CITY OF YORKVILLE YORKVILLE-BRISTOL SANITARY DISTRICT By: By: _ Mayor President Attest: Attest: City Clerk Clerk Date: Date: Page 2 of 2 2`,�gD C/TD 0United City of Yorkville County Seat of Kendall County EST.% . 1836 800 Game Farm Road f/) Yorkville, Illinois 60560 O I C;� r. 0 Phone:630-553-4350 �� Fax:630-553-7575 `2LE "' Fax Date: Pages: (Including cover sheet) To: Fax#: Company Name: From: Re: CC: ❑ Urgent 0 For Review 0 Please Comment 0 Please Reply • Comments: If you do not receive this transmission in its entirety, or have any problems with the receipt of this transmission, contact the sender immediately. If you have received this facsimile in error, please notify us by telephone immediately. The contents of this facsimile transmission are confidential and are not intended for distribution or publication without the sender's prior written consent. , , . . HP LaserJet 3330 p . f! City of Yorkville invent 630-553-7575 Jan-28-2003 3:17PM Fax Call Report Job Date Time Type Identification Duration Pages Result 558 1/28/2003 3:15:34PM Send 5535764 1:32 3 OK s=>4t�� United City of Yorkville '4 Count'Sen o/Kene.0 county Yr[� w,. 500 Guns Peri noes 6 t!� YOrOviIN,IINnol180580 Y II Phone:530.5534350 9 ', Pe.:030-553.7575 Vv Fax<r.e� Cit. i' (o3 Passim 3 (MuQinO Corer sheet) Ti, .4n (..f5/4.14.A../A, Fan I. Cwnpeny aem.N From: Ob 3 Z ..4c ore: -to Y6 SSD a(itLe-44,..1,1,&. CCs 0 Urgent 0 For Review 0 Please Comment 0 Please Reply •Comment. 'a2-(--44-‘2, )t . i--1-) ,La, eve e C:(....11 , 0-41.,iti-cLP and—p`-8—et p h L-74?-t4:5-,-/v. If you do not receive this transmission in its entirety,or have any problems with the receipt of this transmission,contact the sender immediately. If you have received this facsimile In error, please notify us by telephone immediately. The contents of this facsimile transmission are confidential and are not intended for distribution or publication without the senders prior written consent. JAN.28.2003 9: 14AM WALTER DEUCHLER INC NO.297 P. 1/3 c-0 NIN ?\.\ pp e p► pie 2 2 a 0 r TEEN YORKVILLE-BRISTOL SANITARY DISTRICT D UNITED CITY OF YORKVILLE '5/ ide and entered into this day of , 2003, by C A 4 it/r ( s i-BRISTOL SANITARY DISTRICT, a municipal corporation, >TRICT'), of the County of Kendall, State of Illinois, and THE - - LE, municipal corporation, (hereinafter referred to as "CITY'), • WHEREAS, each party to this agreement is a Governmental Entity authorized by State Statute under Illinois complied Statutes to enter into agreements for delivery of Governmental Services to its citizens; and WHEREAS, the Yorl,cvill.e-Bristol Sanitary District provides sanitary sewer treatment for sewage effluent produced and transported within the DISTRICT boundaries, and WHEREAS,the Yorkville-Bristol Sanitary District assumes responsibility for construction and maintenance of all interceptors within, said system eighteen (18") inches in size or larger, and WHEREAS, the current development of the City of Yorkyille requires the installation of a collector system to connect with the existing interceptor located along the Blackberry Creek North of Route 34 to serve existing and immediately planned commercial developments located East of Illinois Route 47 in the City of Yorkville, and WHEREAS,said service anticipates the construction of a twenty-four(24")sewer interceptor and requires the installation of a permanent pump station or force mains to deliver the sewage waste to the aforesaid existing interceptor, and JAN.c.2OO9 9: 14AM WALTER DEUCHLER INC NO.297 P.2/3 WHEREAS,engineers for the Yorkville-Bristol Sanitary District have advised that the proper method of providing delivery of said sewage effluent is on a route delineated as Alternate No. 6 in their letter dated November 11, 2002 to the Sanitary District. NOW, THEREFORE, IT IS HEREBY AGREED by the parties as follows: 1) That the DISTRICT's ENGINEER will contract with the City to design and construct the 24 inch interceptor, permanent pump station and force mains as delineated on Alternate No, 6 in said letter dated November 11, 2002. 2) That the CITY will upfront the funds to the DISTRICT for the design and construction of said 24 inch interceptor, pump station and force mains, until such vt time the DISTRICT collects Infrastructure Participation Fees from developers tributary to said interceptor in accordance with Section 1, Paragraph five of the DISTRICT's Sewer Use Ordinance and reimburse the CITY within 90 days of receipt of the fees. 3) That the DISTRICT will own and maintain said 24 inch interceptor and the CITY will own and maintain said pump station and forcemain. 4) Each party to this Agreement understands and aclmowledges that since the municipality of the United City of Yorkville is advancing the cost of said improvements, that no other municipality shall be allowed to connect to said improvements without the written consent of each party to the Agreement. JAN.29.2003 9: 15A1 NALTER DEUCHLER INC NO.257 P.3/3 NOTICES OR DEMANDS Any notice or demand hereunder from either party to another party hereto, shall be in writing and. shall be deemed served if mailed by prepaid certified mail addressed as follows: Mayor and Aldermen President and Board of Trustees United City of Yorkville Yorkville-Bristol Sanitary District 200 Game Farm Road P.O. Box 27 Yorkville, IL 60560 Yorkville,IL 60560 UNITED CITY OF YORKVILLE YORKVILLE-BRISTOL SANITARY DISTRICT By7 By: Mayor President Attest: Attest: City Clerk Clerk Date: Date: