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City Council Packet 2003 03-25-03 o United City of Yorkville ® County Seat of Kendall County EST. 1836 800 Game Farm Road Cl) Yorkville, Illinois 60560 AGENDA O 11 p Phone:630-553-4350 CITY COUNCIL MEETING 7 :7 v= Fax:630-553-7575 'FLS`i °�w CITY COUNCIL CHAMBERS 7:00 PM Tuesday,March 25, 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, April 28, 2003 City Hall Conference Room Economic Development Committee: 7:00 p.m., Thursday, April 17, 2003 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday, April 10, 2003 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday, March 27, 2003 City Hall Conference Room Presentations: None Citizen Comments: City Council Meeting Agenda March 25, 2003 Page 2 Public Hearings: None Consent Agenda: 1. Minutes for Approval (Corrections and Additions): Minutes of City Council—March 11, 2003 Minutes of Committee of the Whole—None 2 Cannonball Trail Sanitary Sewer Interceptor Flow Monitoring -Notice to proceed upon payment from Developer 3. Tucker Development Agreement -Authorize the Mayor and City Clerk to Execute 4. Salary Schedule for 2002/2003 5. MFT Resolution - Fox Industrial Bond (Obligation Retirement Resolution) -Authorize the Mayor and City Clerk to Execute 6. 2003 Joint & Crack Filling: Plan Approval and MFT Resolution-Authorize the City Clerk to Execute 7. Resolution of Official Intent for Special Service Area No. 2003-100 The Highlands -Authorize the Mayor and City Clerk to Execute 8. Resolution of Official Intent for Special Service Area No. 2003-101 Windett Ridge-Authorize the Mayor and City Clerk to Execute Plan Commission /Zoning Board of Appeals: Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 488,023.67 (vendor) $ 99,462.62 (payroll period ending 3/8/03) $ 587,486.29 (total) Reports: Mayor's Report: 1. Recognition to CPAA for Donation toward McGruff Outfit Attorney's Report: City Clerk's Report: City Council Meeting Agenda March 25, 2003 Page 3 City Treasurer's Report: 1. Treasurer's Report for February 2003 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 Reports: Public Works Committee Report: 1. Vacation of McHugh Road Economic Development Committee Report: 1. No Report. Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. YPD/FOP Collective Bargaining Tentative Agreement Additional Business: Adjournment: City Council Meeting Agenda March 25, 2003 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2002—2003 jPUBLIC WORK Committee Departments Liaisons Chairman: Alderman Kot Water and Sewer Park Board Vice-Chair: Alderman Besco Streets and Alleys YBSD Committee: Alderman Sticka Sanitation and Waste Committee: Alderman Munns ECONOMIC DEVELOPMENT` Committee Departments Liaisons Chairman: Alderman Sticka Planning&Building&Zoning Chamber of Commerce Vice Chair: Alderwoman Burd Business&Economic Dev. Kendall County Econ. Dev. Committee: Alderman Anderson Plan Commission Committee: Alderman Besco Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention& Tourism Council Downtown Re-development PUBLIC SAFETY Committee Departments Liaisons Chairman: Alderman Anderson Police Human Resource Comm. Vice Chair: Alderman James Schools School District Committee: Alderwoman Spears Public Relations KenCom Committee: Alderman Kot ;ADMINISTRATIOl Committee Departments Liaisons Chairman: Alderwoman Spears Finance Metra Vice Chair: Alderman Munns Public Properties Library Committee: Alderwoman Burd Personnel Cable Consortium Committee: Alderman James • MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,HELD IN THE CITY COUNCIL CHAMBERS,800 GAME FARM ROAD, ON TUESDAY.MARCH 11.2003. Mayor Prochaska called the meeting to order at 7:00 P.M and led the 1,1tAeFTAllegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Sticka Present Ward II Burd Present Kot Present Ward IlI Anderson , Absent Munns Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski,City Treasurer Allen,City Administrator Graff(arrived 7:10),City Attorney Kramer,Police Chief Martin,Finance Director Pleckham,Director of Public Works Dhuse,and Executive Director of Parks&Recreation Brown QUORUM A quorum was established. INTRODUCTION OF GUESTS - Mayor Prochaska welcomed guests and asked those present to enter their name on the attendance sheet provided. - AMENDMENTS TO THE AGENDA Mayor Prochaska amended the agenda by moving the commendation for Suzanne Jackson from the Mayor's Report to the first presentation. COMMITTEE MEETING DATES Public Works Committee 6:30 P.M.,Monday,March 24,2003 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,March 20,2003 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 6:30 P.M.,Thursday,March 13, 2003 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M.,Thursday March 27,2003 City of Yorkville Conference Room 800 Game Farm Road PRESENTATION Commendation for Suzanne Jackson Mayor Prochaska explained that one of the biggest fears a parent has is being notified that their child has been in an accident and on March 1,2003 he and several other parents received this call when the school bus carrying their children to a ski trip had been involved in an accident on Route 47. He stated that he arrived at the scene to find the bus across Route 47 and his heart was in his throat even though he was aware that his daughter was fine. He stated that due to the bus driver's calm action and quick thinking,lives were saved. On behalf of the United City of Yorkville,Mayor Prochaska presented bus driver Suzanne Jackson with a Certificate of Commendation in appreciation of her calm and quick emergency actions in a life threatening situation which averted major injury to students and their chaperones and for her years of dedicated service to the students of Yorkville. He also presented her with a floral arrangement. Ms.Jackson thanked everyone for the flowers,cards,and telephone calls she has received since the accident. She also thanked all those who helped at the scene of the accident. The Minutes of the Regular Meeting of the City Council-March 11,2003-page 2 Mayor Prochaska noted that the driver of the other vehicle involved in the accident was listed in fair condition in the intensive care unit of Lutheran General in Park Ridge,Illinois and remains on a ventilator. He stated that the driver is a young man from the community and he asked that he be kept in everyone's thoughts. He also thanked the Yorkville-Bristol Fire Department and Emergency Medical Service along with those from neighboring communities who helped at the accident site. Bristol-Kendall Fire Protection District Referendum Fire Chief Michael Hitzemann gave a presentation to the Council regarding the Bristol-Kendall Fire Protection District Referendum which is asking for an increase in the tax levy from the current rate which has been in effect since the middle 1940's. He noted that the area is growing rapidly and even though the new growth is generating tax dollars,the funds are not coming in fast enough to keep up with the area's needs. He asked for the Council's support and noted that there will be an informational open house at the fire station on March 23,2003 from 2:00 to 4:00 P.M. Alderwoman Burd noted that the passing the referendum indicates support for our firemen and paramedics. She stated that they are people from the community who have served the area for a long time. She stated that they need new equipment and staff to better serve the district and she encouraged the community to support the referendum. Alderman Kot complimented the Fire District on the great job they do and he hoped that the community would be supportive of the referendum. Mayor Prochaska recommended that citizens attend the open house. He added that everyone should remember that the Fire District is"us";it is compromised of 54 members of the community who are neighbors and friends serving on a volunteer basis. Waubansee College Referendum Greg Dlabach with the Friends of Waubansee gave a presentation regarding the college's referendum. He explained that last November,the college had two questions on the ballot;one for the authorization to issue bonds and the other for an increase in the operations and maintenance(O&M)levy. The first question passed and he thanked everyone for their support because the bonds will fund nine capital projects one of which includes a new extension site on Route 34 west of Route 47. The question on the upcoming ballot is to ask for the O&M levy to be increased by five cents to meet costs. If approved,the increase will have no net effect on the taxpayers because the$.05 will be added to the O&M tax rate and subtracted from the existing tax rate already being paid by taxpayers. The$.05 cannot be shifted between funds without a vote. He asked the Council for support. CITIZEN COMMENTS None. PUBLIC HEARINGS Vacation of McHugh Road Mayor Prochaska entertained a motion to go into public hearing for the discussion of the vacation of a portion of McHugh Road. So moved by Alderman Kot; Seconded by Alderman James. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye, Burd-aye,James-aye Kot-aye,Munns-aye, Spears-aye, Sticka-aye City Attorney Dan Kramer explained that the Illinois Compiled Statutes requires a public hearing whenever a City vacates a street. He stated that the portion of McHugh Road being vacated is owned on either side by developer Richard Marker. In the original annexation agreement there was a provision that Mr.Marker would acquire land and dedicate it to the City to realign McHugh Road in exchange for the City vacating the old,unused portion of the right of way. The developer has done his portion of the agreement and now the City needs to vacate the road. There were no comments from the public or the Council. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Besco; seconded by Alderwoman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye, Kot-aye,Mum's-aye, Spears-aye, Sticka-aye CONSENT AGENDA 1. Minutes for Approval: a. Minutes from the City Council Meeting:February 25,2003 b. Minutes from Committee of the Whole Meetings: • The Minutes of the Regular Meeting of the City Council-March 11,2003-page 3 i. December 3,2002 ii. December 17,2002 2. Ordinance 2003-19-Soil Erosion&Sedimentation Control Ordinance 3. Building Permit Reports—January 2003 4. Fox Industrial Park—Final Balancing Change 5. Menard's Commercial Bond Reduction 6. Monthly Police Reports for January 2003 7. PC 2002-31 Deere Crossing—1 Yz Mile Review 8. Ordinance 2003-20-Ordinance Amending R-3 Zoning Text 9. Purchase of Utility Truck for the Water Department in an amount not to exceed $40,000.00 10. Resolution 2003-09-Resolution for Public Works Maintenance Standards 11. Environmental Mosquito Management Agreement for 2003 for$20,960.00 A motion was made by Alderman Kot to approve the consent agenda as presented;seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,James-aye,Kot-aye,Munns-aye,Spears-aye,Sticka-aye,Besco-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. BILLS FOR APPROVAL A motion was made by Alderwoman Spears to approve the paying of the bills listed on the Vendor Invoice Register#240 dated March 7,2003 totaling the following amounts:checks in the amount of$146,321.91 (vendor),$106,153.662(payroll period ending 2/22/03),for a total of $252,475.57;seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye, Sticka-aye,Spears-aye REPORTS MAYOR'S REPORT Proclamation for Golden Diners Week Mayor Prochaska read a proclamation proclaiming the week of March 17,2003"The Salvation Army Golden Diners Tri County Senior Nutrition Week"in the united City of Yorkville(see attached). He entertained a motion to ratify the proclamation. So moved by Alderwoman Burd; seconded by Alderman Besco. Alderwoman Spears commented that she attended the Northern Illinois Senior Providers meeting where they discussed the fact that the state has given them a very slight increase for home delivery meals. She stated that this program is excellent and she recommended that everyone stop in when the senior's are eating their meals at the Beecher Center to see how important the program is and she noted that they are always looking for volunteers. Motion approved by a roll call vote. Ayes-7 Nays-0 James-aye,Kot-aye,Munns-aye, Sticka-aye, Spears-aye,Besco-aye,Burd-aye Committee of the Whole on Wednesday,April 2,2003 Mayor Prochaska reported that due to the election on Tuesday,April 1,2003,the Committee of the Whole meeting has been moved to Wednesday,April 2,2003 at 7:00 P.M. Coffee with the Mayor Mayor Prochaska reported that there would be a"Coffee with the Mayor"at St.Joseph's Cabinetry on Saturday March 15,2003 from 10:00 A.m.to 12:00 P.M. ATTORNEY'S REPORT City Attorney Dan Kramer reported that there have been substantial changes to the public hearing process that the Plan Commission needs to go through. He suggested that a workshop be held for the Plan Commission to inform them of the changes. He also suggested that the members of the Economic Development Committee attend. Mayor Prochaska asked City Administrator Graff to set up the workshop. The Minutes of the Regular Meeting of the City Council-March 11„2003-page 4 CITY CLERK'S REPORT City Clerk Milschewski reported that Larry Yodelis,candidate for Ward 3 Alderman submitted a letter to the Clerk's office stating that he was withdrawing from the April 1,2003 election. Kendall County Clerk Paul Anderson was notified and he stated that the last date to withdraw was January 30,2003 so Mr.Yodelis'name will remain on the ballot. Mr.Yodelis was informed of this and it was explained to him that he could still be elected. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Administrator Graff reported that the staff has been investigating terrorism insurance. He asked Finance Director Pleckham to elaborate as the Finance Department has been doing the research. Director Pleckham reported that she spoke with the City's insurance provider,the Illinois Municipal League Risk Management Association(IMLRMA)and was informed that the only available coverage is for counties not cities. The 1MLRMA is looking into coverage for municipalities. Mr.Graff stated that the Homeland Security Bill has a provision which will cover up to a certain percentage in the event of a terrorist attack. Mr. Graff noted that individuals affiliated with the City who are bonded received a letter from Ohio Causality stating that they are not covered in the event of a terrorist attack. This prompted the investigation into coverage. The deadline for the Homeland Security Bill insurance is March 22,2003. FINANCE DIRECTOR'S REPORT No report. Alderman Sticka asked Finance Director Pleckham how the transition to the new accounting software was going and she explained that it was going well and that April 1,2003 was the date for going"live". Also,the new system will be used to generate the April 28,2003 water bills. DIRECTOR OF PUBLIC WORKS REPORT Director Eric Dhuse reported that there was a water main break earlier in the evening on Hydraulic Avenue and crews were working on repairing it. He noted that there have been ten breaks so far this year whereas last year there were a total of twenty-two.He stated that the yards and streets affected by the breaks will be repaired as soon as weather permits. CHIEF OF POLICE REPORT Chief Harold Martin reported that the Oswego Optimist Club held the"Respect for Law"Banquet on Saturday,March 8,2003. There were about 160 people in attendance and Lieutenant Schwartzkopf,Officers Holman and Pleckham received awards at the event. Mayor Prochaska noted that two of the officers were nominated for"Officer of the Year". Alderman Kot noted that he has never seen that many Yorkville officers nominated for awards and this was a compliment to the Police Department. EXECUTIVE DIRECTOR OF PARKS& RECREATION Executive Director Laura Brown reported that the City's annual golf outing was scheduled for May 9,2003 and there are new additions to the outing such as"Rent a Caddy"and a 50/50 raffle, hole-in-one prize,etc. COMMUNITY&LIAISON REPORT Aurora Area Convention&Tourism Bureau Alderwoman Burd reported that she attended that Aurora Area Convention&Visitor Bureau (AACVB)meeting and she brought back two brochures which mention Yorkville along with an advertisement that appeared in Midwest Living magazine for the hunting and fishing days in Yorkville. They have also developed a"star"card which includes a discount for Freeman's Canoe Rentals. She asked if it could be discussed at an upcoming Economic Development Committee(EDC)or Committee of the Whole(COW)meeting how to better use the AACVB. Mayor Prochaska recommended that this be discussed at an EDC meeting. Outer Belt Advisory Committee Alderwoman Burd reported that she attended the Outer Belt Advisory Committee earlier in the day. She stated that the Committee is developing a recommendation that there be a regional council with statutory authority to plan along the highway. The recommendation will be put into writing in April,2003. She stated that there is very little municipal and county representation at the meetings. She noted that she envisioned green space along the highway but the committee has discussed shopping centers and commercial properties along the highway. The Minutes of the Re_ular Meeting of the City Council-March 11,2003-page 5 Mayor Prochaska recommended discussing this further at the next COW meeting so Alderwoman Burd would have thoughts from the Council to take back to the April meeting. Human Resource Commission,Northern Illinois Senior Providers,School Board Alderwoman Spears noted that she attended meetings for the Human Resource Commission, Northern Illinois Senior Providers and the School Board. She apologized to the Council,City staff and the community because she was going to postpone her report of these meetings until a later date. She stated that her decision to postpone her report was based on two factors;one being the fact that there were no issues discussed at any of the meetings that required the Council's immediate attention and the other being another candidates campaign tactics which consist of distorting facts,using scare tactics and publicly attempting to taking credit for numerous jobs, tasks and reports that the staff and other members of the Council have been involved with. She stated that she will make her report after the upcoming election. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT (Resolution)2003-10 PC 2002-12-Kylvn's Ridge Final Plat A motion was made by Alderman Sticka to approve a resolution for PC 2002-12 Kylyn's Ridge Final Plat subject to the recommendations from the City Engineer and to authorize the Mayor and City Clerk to execute the final plat;seconded by Alderman James. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye, Spears-aye, Sticky-aye (Resolution)2003-11 PC 2002-32 Longford Lakes Final Plat A motion was made by Alderman Sticka to approve a resolution for PC 2002-32 Longford Lakes Final Plat subject to the recommendations from the City Engineer and to authorize the Mayor and City Clerk to execute the final plat;seconded by Alderman James. City Treasure Allen questioned the spelling of Freemont Street. Mayor Prochaska noted that the name is spelled two different ways,Freemont and Fremont,depending on where the street ii in the development. When the subdivision was originally platted many years ago,one was platted with Freemont and the other with Fremont. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye, Spears-aye,Sticka-aye PC 2002-32 Longford Lakes Development Agreement A motion was made by Alderman Sticka to approve the development agreement for Longford Lakes and to authorize the Mayor and City Clerk to execute the final plat;seconded by Alderman • James. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,James-aye,Kot-aye,Munns-aye,Spears-aye, Sticka-aye,Besco-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into executive sessions for the purpose of purchasing or leasing of real property for the use of the public bodies being considered. He asked that the City Administrator,City Clerk,City Attorney,Executive Director of Parks&Recreation and City Treasurer be included. He stated that there would be no formal action taken after the session. So moved by Alderman Besco;seconded by Alderman James. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye, Spears-aye,Sticka-aye The Minutes of the Regular Meeting of the City Council-March 11,2003-page 6 Executive session was entered at 7:55 P.M. The Council returned to regular session at 8:20 P.M. ADDITIONAL BUSINESS Alderman Besco stated that he had questions for City Treasurer Allen. He asked Treasurer Allen how long he has been on the Council. Treasurer Allen asked Alderman Besco if he was being argumentative and Alderman Besco stated that he just wanted a legitimate answer. Treasurer Allen stated that Alderman Besco was being argumentative and he was not going to answer the question. Alderman Besco stated that Treasurer Allen made a statement regarding the high rate of taxes in a recent letter to the editor of the Kendall County Record newspaper. He noted that as City Treasurer for the last four years,Mr. Allen should know that the city portion of real estate taxes have not increased in about five years. He asked why Treasurer Allen made a false statement to the editor. Treasurer Allen stated that he was told that there was a small increase last year in the taxes and asked if he was told this in error. Aldermen Sticka and Besco stated that the taxes went down last year. Alderman Besco also noted that in the letter to the editor,Treasurer Allen stated that the Mayor was attempting to push the Grande Reserve development through before the April 1,2003 election. Alderman Besco noted that after serving four years,Treasurer Allen should know that this is not possible and isn't going to happen. Alderman Besco also clarified that the Council will approve the Grande Reserve,not the Mayor. Alderman Besco continued by stating that Treasurer Allen insinuated in the same letter that the Council or Mayor was somehow responsible for the school bus accident as well as other accidents on Route 47. Alderman Besco stated that he found this extremely insensitive and insulting to those involved in the accidents,their families and friends and to the City Council. He noted that Route 47 is a state supported highway and the City has nothing to do with it. He demanded a public apology from Treasurer Allen. Treasurer Allen responded by saying this was ludicrous. He noted that the traffic in the area is a great concern to the Council and he was sure that the Council has every desire to see it be as safe as possible. Alderwoman Spears stated that this is not what Treasurer Allen was quoted as saying. She stated that Treasurer Allen always seems to have two separate stories;telling the public one thing and then telling the Council another. Treasurer Allen asked if this was getting into a campaign rally because he was uncomfortable with the discussion. Alderwoman Spears stated it was not and that would be saved for the Candidates Night on March 19,2003. Treasurer Allen continued by stating he would like to talk about the issue of traffic. He stated that the future of the community is going to be affected by the traffic flow. He stated that when he looks at some of the developments coming through,if the City does not have adequate flow for them he believes it will create an unsafe situation and that he felt that Route 47 at this very moment is unsafe. He stated that he has seen the traffic backed up incredible distances;all the way through the light at Fox Road and he is very concerned with this. He stated that he feels that the City needs to take a hard look at the dangers presented by the current traffic flow through the City. Alderman Kot asked Treasurer Allen if he supported a four lane highway through Yorkville and Treasurer Allen stated he did through the downtown portion of Yorkville because he felt this would be safer. Alderman Kot stated that he has been in public office for almost ten years and he was grateful for the privilege to be an alderman. He stated that he was insulted by Treasurer Allen's comments in the newspapers and he felt that the comments were shameless and made purely for political gain. He stated that Treasurer Allen should stop and think about what he is saying and be accountable for his statements. Alderman Kot stated that he would say this to anyone on the Council who made these comments. He stated that this was an all time low for Treasurer Allen and he wished he would stop the negative comments. Minutes of the Regular Meeting of the City Council-March 11,2003-page 7 Treasurer Allen stated that a statement made by another alderman regarding the desire of certain candidates to serve their City was an all time low and there was no concern expressed by the Council for this comment. He stated that is was a deep concern to him that someone could make this statement and have no one else on the City Council express concern over it. Aldermen Kot and Spears asked him to clarify this. Treasurer Allen stated that Alderman Sticka made a statement and he tried to remember how the statement was worded. Alderman Sticka stated that he asked how interested are people in running for office if they are not going to bother to get their own petitions filled out and he felt that it was a valid question to ask especially since it is fairly easy to get signatures. He stated that if a person is not willing to ask even their neighbors to sign their petitions,it is a valid question to ask if they are interested in office. He asked why asking this question was shameful. Treasurer Allen stated that there is nothing wrong with someone else helping a candidate collect signatures and Alderman Sticka suggested there was. Treasurer Allen asked how difficult is it to get people to serve on the Council. He noted that there are no other people running for elected office in the City besides those that he believes have had some discussion with Mayor Prochaska and the people he has encouraged. He retracted his statement saying that he has not had an opportunity to discuss the direction that Mr.Powell (candidate for City Treasurer)took,with Mr.Powell. He stated that he has not met Mr.Powell and has offered to meet him but Alderman Sticka found this undesirable. Alderman Sticka stated that he did not find it undesirable but reminded Treasurer Allen of his insulting remarks regarding his predecessor who offered to help him. Treasurer Allen stated that an attempt was made to meet with the previous treasurer and unfortunately the previous treasurer was unable to attend. Mayor Prochaska stated that the Council should focus on issues that are dealing with the Council here tonight;that's what additional business is for. Alderman Sticka stated that this does affect the Council because their actions are being questioned. Alderman Kot stated that if someone wants to run for public office and has no previous experience he would expect to see them at City Council meetings. He stated that someone should not expect to jump in at the last minute and expect to know what is going on in a busy community. He noted that he has not seen any of the candidates at meetings and this bothers him. City Attorney Kramer noted that candidate for Ward 3 Alderman,Wanda Ohare,was present at the meeting tonight. Mayor Prochaska stated that his intention is to continue working as a Council and work though the business that needs to be done for the City. He stated that this needs to be done through the election until the end of April. He stated that campaigning needs to be kept outside the Council meetings. If the Council is brought into question,there needs to be an explanation made. He stated that everyone should be careful of what is put in the newspaper because misinformation is unacceptable. He stated that if a meeting is missed,it is up to the elected officials to find out what was missed before making statements. Alderwoman Spears asked Mayor Prochaska to clarify a statement that was printed. She asked if he ever made the statement that he wanted this community to grow as rapidly as Naperville. Mayor Prochaska stated that he never made this comment. There was no further additional business. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderwoman Spears;seconded by Alderwoman Burd. Motion approved by a viva voce vote. Meeting adjourned at 8:33 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois CITY OF YORKVILLE MONTHLY TREASURERS REPORT FOR THE MONTH OF FEBRUARY AS OF FEBRUARY 28, 2003 FUND BALANCE REVENUE EXPENSE TRANSFER BALANCE General 1,259,599.51 255,554.79 426,833.71 140,269.46 1,228,590.05 Water 424,430.88 63,900.95 46,707.94 (171,397.50) 270,226.39 Wtr Impry Exp 2,672,090.33 13,884.74 74,233.30 (77,251.50) 2,534,490.27 Motor Fuel 250,742.58 22,839.41 8,631.43 0.00 264,950.56 Mun. Bldg. 93,653.25 2,250.00 28,166.57 25,000.00 92,736.68 Sewer Maint. (74,146.66) 49,028.84 17,264.78 (83,419.34) (125,801.94) Sanitary Sewer 897,668.22 25,812.50 4,500.62 (41,060.14) 877,919.96 Land Cash 304,908.83 5,150.12 1,185.00 0.00 308,873.95 Land Aquistion 59,885.54 0.00 1,493.30 0.00 58,392.24 Working Cash 113,097.53 105.81 0.00 0.00 113,203.34 South Sewer 10,673.50 0.00 0.00 0.00 10,673.50 Trust &Agency (338,752.97) 129,318.29 200,668.97 0.00 (410,103.65) Debt Service (45,757.32) 3,288.25 105,091.95 151,565.28 4,004.26 PD Capital 11,845.99 2,250.00 1,300.00 (1,435.46) 11,360.53 PW Capital 35,562.98 6,750.00 1,004.00 50,000.00 91,308.98 Fox Indus. 82,188.30 46.24 0.00 7,729.20 89,963.74 TOTAL 5,757,690.49 580,179.94 917,081.57 (0.00) 5,420,788.86 al * I ' Robert J. Allen Treasurer 03/21/2003 13. 23 FAX 630 553 5784 DANIEL J. KRAMER 12002/009 STATE OF ILLINOIS ) ) SS. COUNTY OF KENDALL ) DEVELOPMENT AGREEMENT FOR FIFTH/THIRD BANK Prepared by&Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville,IL 60560 630.553.9500 1 03/21/2003 13: 23 FAX 630 553 5764 DANIEL J. KRAMER 12003/009 DEVELOPMENT AGREEMENT This Development Agreement, hereinafter referred as to"Agreement", is made and entered into this day of , 2003,by and between TUCKER DEVELOPMENT CORPORATION, an Illinois Corporation,hereinafter referred to as "DEVELOPER"and the United City of Yorkville, Illinois, a Municipal Corporation, hereinafter referred to as "CITY". The DEVELOPER and the CITY may hereinafter be referred to as the Parties. WITNESSETH WHEREAS, the DEVELOPER is an Illinois Corporation and the Developer of certain real property,hereinafter referred to as"Property", located in the CITY and legally described as set forth in Exhibit"A" attached hereto and incorporated by references as if more fully set forth; and WHEREAS, the Property is generally located East of the Yorkville Marketplace Shopping Center including a grocery store as the anchor tenant and various other related users. The property is currently zoned B-3 Service Business District and consists of approximately one (1) acre; and WHEREAS,the CITY has determined that the terms and conditions set forth herein will serve a public use and will promote the health, safety,prosperity,security, and general welfare of the inhabitants and taxpayers of the CITY; and WHEREAS,the DEVELOPER,its vendors, grantees, assigns, successors,trustees, and all others holding any interest now or in the future, agree and enter into this contract, which shall operate as a covenant running with the land and be binding upon any developer and its representatives; NOW, THEREFORE, the CITY and the DEVELOPER,in consideration of the mutual covenants and agreements contained herein, do mutually agree as follows: ARTICLE I LANDSCAPE AND BUFFERING The DEVELOPER covenants and agrees that it shall comply with and conform its landscape improvements to the current United City of Yorkville Ordinance requirements, not the Landscape Ordinance requirements approved in the original Consent Decree. Further the proposed Landscape buffer on the South of said property shall be developed on the"Brisben"that has been previously been approved by an amendment to the Consent Decree in Kendall County case number 98-CH-19. DEVELOPER shall be permitted not to 2 03/21/2003 13: 23 FAX 630 553 5764 DANIEL J. KRAMER Z004/009 locate the Southerly landscape buffer on it's subject property as described on the attached Exhibit "A"hereto that is normally required under the current City Landscape Ordinance ARTICLE II PROPERTY DEVELOPMENT The Development of the subject parcel shall be pursuant to the site plan approved by the United City of Yorkville which is attached hereto and incorporated herein as Exhibit"B"which shall further contain all landscape requirements to be developed on site. ARTICLE III CONSENT DECREE COMPLIANCE DEVELOPER and CITY acknowledge that the subject property is bound by the terms of a Consent Decree affecting the subject property previously entered in the Circuit Court of Kendall County. Prior to approval of the Site Plan and Final Plat of Subdivision,DEVELOPER shall secure a letter from Inland approving the Site Plan and Development Agreement. Upon presentation of said letter, the CITY through its City Attorney shall obtain a written Agreed Order modifying the Consent Judgment in conformance with the Site Plan and Development Agreement approving all changes thereunder, ARTICLE IV EFFECTIVE DATE The effective date of this Agreement shall be the date the DEVELOPER acquires the Property from the OWNER and title passes from OWNER to DEVELOPER. ARTICLE IV MISCELLANEOUS PROVISIONS A. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors in interest, assignees, lessees, and upon any successor municipal authorities of the CITY and successor municipalities and shall be enforceable according to its terms and conditions under the laws of the State of Illinois. Except as otherwise expressly provided herein, upon the conveyance of assignment by DEVELOPER of its interest in the Property to any successor, assign, or nominee, DEVELOPER, as the case may be, shall be released from any and all further liability or responsibility under this Ordinance except to the extent previously undertaken by DEVELOPER, or for which DEVELOPER has posted security to perform an obligation in which case DEVELOPER shall be bound to 3 03/21/2003 13.23 FAX 630 553 5764 DANIEL J. KRAMER Z005/009 continue to complete its performance unless a replacement bond or letter of credit is posted by the new OWNER or DEVELOPER,and accepted by the CITY which shall not be unreasonably withheld. In such event the original DEVELOPER shall be released from the underlying obligation to perform. The CITY shall thereafter look only to the successor, assign, or nominee of DEVELOPER concerning the performance of such duties and obligations of OWNER and such DEVELOPER hereby undertaken. B. The various parts, sections, and clauses of this Agreement 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 Agreement shall not be affected thereby. C. In all other respects the original Consent Decree is hereby ratified,re-published, and confirmed. D. All notices provided for herein shall be in writing and shall be deemed effective when personally delivered or three days after such notices have been mailed be certified or registered mail,postage-prepaid, return receipt requested,to the Parties at the addresses given below or at such other address as may be specified by written notice. If to DEVELOPER: Tucker Development Corporation 513 Central Avenue, Suite 400 Highland Park, Illinois 60035 It to the City: United City of Yorkville United City of Yorkville Attn: Daniel J. Kramer, City Attorney Attn: Tony Graff, City Administrator 1107A Bridge Street 800 Game Farm Road Yorkville, IL 60560 Yorkville, IL 60560 IT WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written. United City of Yorkville, Illinois By: Arthur F. Prochaska, Jr., mayor 4 03/21/2003 13.23 FAX 630 553 5764 DANIEL J. KRAMER 1006/009 ATTEST: City Clerk DEVELOPER By: Tucker Development Corporation An Illinois Corporation By: Attest: 5 03/21/2003 13.23 FAX 630 553 5764 DANIEL J. KRAMER /007/009 EXHIBIT LIST Exhibit"A" - Legal Description Exhibit "B" - Site Plan&Landscape Plan 6 03/21/2003 13: 23 FAX 630 553 5764 DANIEL J. KRAMER Z008/009 EXHIBIT A LEGAL DESCRIPTION THAT PART OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 1 IN AEGEAN ISLE ESTATES UNIT 1, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF U.S. ROUTE NO. 34 PER DOCUMENT NUMBER 74-3616,THENCE SOUTH 82°49'12"EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE,A DISTANCE OF 380.21 FEET TO THE PLACE OF BEGINNING;THENCE CONTINUING SOUTH 82°49'12" EAST,A DISTANCE OF 272.76 FEET; THENCE SOUTH 07°10'48" WEST,A DISTANCE OF 150.34 FEET; THENCE NORTH 82'49'12"WEST,A DISTANCE OF 307.76 FEET; THENCE NORTH 07°10'48" EAST, A DISTANCE OF 115.34 FEET; THENCE NORTH 52'10'48"EAST,A DISTANCE OF 49.50 FEET TO THE PLACE OF BEGINNING. I I I LI I I I II I.0 Dd11 K• EXHIBIT'B' 0 U.S.ROUTE 34 Ni `,i 3orA PLANT MATERIAL KEY PRONRIT�E N I PROPOSED MEI'UK VET EASEMENT 0 1W-EP PANaNG NaEErT SHADETREES ca 50,0'WILDING SIT • ilthill' . EXISTING TREES ca �._ _ I ��_ �, SRESIGN r. c I I 1_1_ 4 I M. MiiiiAEi�iiil,iil■IONMEONI CEM. MEN 0 ORNAMENTAL TREES T LlialWP:Tr . I - EVERGREEN TREES x MI- ^ i 4i��°00°00.°�aO RROOOYA 00010.011.°p . o,4lO s0,0.�0.°y0 IP .0001 L0� '4`O04111."49-411k°a. /z�"° 1 _ - 04 SHRUBS co co o I. !.•._ -65'6• I1••9• 20-0 - 20-6' 40-0' 20 ; I 3•b' PERENNIALS AND �', 111 -9. MT F U R Ie° 5'l • CROUNb00VER cci •• • ( •• _ .�, I' '�aT■_ �® 0000D�, c [o I LAWN MEAS un ' tsit of ®� poaet•6 oI O m ' r .�L.00Y a�,a 00 �,�0 �`< . DR.E9ND E +� 11 1 .° _v eJ_�� '_o ^:�o� ao�`9 _ cum o 1 • S 1 ir, if alitf�r 1; 'e yfi� eI PROPERTY UNE R. _ � o ■ �I ` . f. 1�,iI i` \\\ n•e•INGSSfEQE4 ii�!1,0—td��� •' IL l at • of \\ 1 EASP NT • uill fl I PROPOSED o -4 p�j_ 7 I ':. FIFTH THIRD °: �� 9 • 4 IN I I .� UO MM•. ..aS� o • ��C7 BANK BUILDING 41 c 7« I aacwiwNOrR01'OFTY100: lYPASSI ii. Ile 4,ll05F o::: + Or-- saL1[x H ` m 0)'+ IARpN °I �� NIP 1R-0•rARONG 1- - SOV'PARIONG Or ` 0: St° -Cy ��A MIEN= SRIMUT1UTOD PROEN� a■ t?S�1 ' O p SP.1Lg >:� L AI SETT Wel V._, jF i .. ` o coF,co qo a .�i° aoav D�i_ m b - , Go,p oLIrNFDP °°°'°4�S •N65°°a ,...2a ia° -I_ veto 3aowlUlNC —�0on c�,v'o.7.40 _ --- _ -:..r.oe°°. • .::coot° �°o. SETRAOC ..r .`� ,.• �L� -- �tT -_-_ �jTr, ' 2/1-CP REAR SFIRK% m • I �- MGRf55kQPS E- EQUIPMENT . FUTURE - A -' EASEMENT -' EpNPMFNT N IGYi41MD _ _ROPERTY II I. g I \ 1�►1�1��1/�•�1�1��4�,t!11,>11��1 i,��♦111i►1i:7r�j1♦#1 s� ♦.i11'>•111' f 11♦1�`,•1 f ♦ 1� ♦11' 1 I/V �..•t. t+0,•4:•••0•/44••••÷0,ras1Pf...e 11, N o _,��i1 1 : � 1►11 1,�.�_..,_.`r.�. 1;:+��.�i11 ♦�F1 11�1� oO WA Ire��114:011♦11X41111 .*44P1/.e.v1♦IIr111-4*�.4p.�Q;o .,4, --Nip. 1.1•444if!e•�.c.1rv•41- f oo ._a .I�♦.1�1�1� .�1���1�..n iAi.�a►A1�1i�AAIi_ . 4(I`,�tw�14,1„. .4•.1�►<���y�11�'1,�A11w,y.4.. \- •— =`2`i�4.D11• ♦�r1 111 . ! LT '1;7000 /UE4ruRAa `0 ♦1611=.:1�1��III1�1•1•♦♦.��• #-.�I�I e 0 YORKVILLE BRANCH - SITE PLAN q =•=n Del WENIOT G,:�Yell, CQfa°iurp�n gel &PiarNea. tin N• • ,• R ll UNITED CITY OF YORKVILLE,ILLINOIS �T•5F-'-1�0- 2D* Ta• .WP.e.� L.,a .�Nra 0 MARCH 19,2003 P202052 I _� I •-'�+��'^•• �, m ,.uw. 0 0 CO go nor), �. o Yorkville Police Department Memorandum ' ' 1. - 804 Game Farm Road est " _ 1836 Yorkville, Illinois 60560 -� Telephone: 630-553-4340 O �! s.� O Fax: 630-553-1141 <LEx•'-N• Date: March 21, 2003 To: Anton L. Graff I City Administrator I ) 41 From: Chief Harold Martin Reference: F.O.P. Contract Tony, attached to this memo is the original Tentative Settlement Agreement between the United City of Yorkville and the F.O.P. Bob Smith said he has already spoke to you on this and that I should give this to you for the City Council Meeting being held on Tuesday, March 25, 2003. If you have any questions please contact me. • TA f (1(/ TENTATIVE SETTLEMENT AGREEMENT - I /6 3 � 1 • , SIG %.?.0 . Wednesday, January 08, 2003 _ �. Wages iA=- 4,K4 •'r Add a 6% market equity adjustment to the scheduled 3% base pay raise, effect've ,• ay 2003 ,� Effective May 1, 2004 increase base wages on the salary schedule by 3% plus . ro market equity adjustment. Effective May 1, 2005 increase base wages on the salary schedule by 3% BFPC Revise Section 3.1 to provide as follows: A"grievance" is defined as a difference of opinion raised by an employee or the Council against the City involving the interpretation or application of, or compliance with, the provisions of this Agreement. . -•• •. .. . . ... - : . - -: . .. . . - .. . . .•- . . - - :. •- . ---. . -. -xc- .t that any appeals of suspensions in excess of three (3) days and all other matters within the jurisdiction of the City Board of Fire and Police Commissioners shall not be subject to the grievance procedure. An appeal of a suspension of one (1)to three(3)days is only subject to the grievance procedure. New Article The parties recognize that the City Board of Fire and Police Commissioners has certain statutory authority over employees covered by this Agreement, including but not limited to the right to make, alter and enforce rules and regulations. Nothing in this Agreement is intended in any way to replace or diminish the authority of the Board of Fire and Police Commissioners of the United City of Yorkville. New Section in Article VII. The parties recognize that the work cycle adopted by the City for purposes of Section 7K of the FLSA is 24 days. Side Letter A._ `S csv, id C The FOP w ives any right to bargain over the provisions of the City's revised employee handbook, with the understanding that if any section of the handbook conflicts with the express terms of the contract, then the contract shall govern. [Handbook to be provided prior to ratification.] } Add at training reimbursement clause requiring new hires to repay the City for non- reimbursed training costs if they resign within the first three(3) years of employment, pursuant to the following schedule: 100% if the employee leaves during the first 2 years of employement; 75% if the employee leaves after 2 years but less than 3 years. The FOP waives any right it may have to bargain over any training reimbursement agreement that the City may require a new hire to sign as a term or condition of employment. --t. OOS c� Cryo,% c tL .- w t $ .o XL* S Contract to expire April 30, 2006. If either partty fails to ratify this tentative agreement, then it shall be null and void, and may not be cited, offered or considered in any forum. si-jt—.. tojonojkl4 U-t\lr) ik)-3 C6i'l S\ti� - 3 SA`V2_,I- --- .5- 3. 'CAA43; 5 3