City Council Packet 2003 05-13-03 United City of Yorkville
litit n:.
County Seat of Kendall County
ESL 1836
800 Game Farm Road
.4 r CO Yorkville, Illinois 60560 AGENDA
p le 0 Phone:630-553-4350 CITY COUNCIL MEETING
� ��LE ♦w2 Fax:630 553 7575
CITY COUNCIL CHAMBERS
7:00 PM
Tuesday, May 13, 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:
Swearing-In: Swear-in newly elected officials: Mayor, Arthur F. Prochaska, Jr.; City Clerk, Jacquelyn
Milschewski; City Treasurer, William Powell; Ward 1 Alderman, Paul James; Ward 2
Alderwoman, Valerie Burd; Alderwoman Ward 3, Wanda Ohare; Ward 4 Alderwoman,
Rose Ann Spears.
Introduction of Guests:
Amendments to Agenda:
Committee Meeting Dates:
Public Works Committee Meeting:
6:30 p.m., Monday, May 19, 2003
City Hall Conference Room
Economic Development Committee:
7:00 p.m., Thursday, May 15, 2003
City Hall Conference Room
Administration Committee Meeting:
6:30 p.m., Thursday, June 12, 2003
City Hall Conference Room
Public Safety Committee Meeting:
6:30 p.m., Thursday, May 22, 2003
City Hall Conference Room
Citizen Comments:
City Council Meeting Agenda
May 13, 2003
Page 2
Presentations: 1. Ward 3 Alderman, Mike Anderson
2. City Treasurer, Robert Allen
PublicHearings: None -------------------------------------------------------------------------------------------------------------
Consent Agenda:
1. Award Contracts for City Hall/Police Department Buildout: Premium Concrete $78,400, Lite Construction
$126,997, Struebing Construction$329,819, Tri-State Flooring$26,989, LeCuyer Painting$16,470,
Bremer Sheet Metal$76,300, Cannonball Mechanical$32,240, DL Cook$68,816.
2. Monthly Police Reports for March 2003
3. Ordinance Amending Liquor Control Ordinance Allowing Sampling and/or Tasting of Alcoholic Liquors by
Class B Liquor License Holders
4. Tax Increment Financing Redevelopment Study&Plan Proposal -in an amount not to exceed$2,000
5. Caledonia Subdivision-Engineering Enterprises' Review Service Proposal-authorize Mayor and City
Clerk to execute
6. Fisher Property-Engineering Enterprises' Review Service Proposal -authorize Mayor and City Clerk to
execute
7. Fox River Study Group - in an amount not to exceed$1,550
8. Mill/Van Emmon Watermain-License Agreement for Crossing Illinois Railnet Tracks-in an amount not to
exceed$5,550 and authorize Mayor and City Clerk to execute
9. Water Report for January 2003
10. Bruell Street Pump Station - Design Engineering Agreement - in an amount not to exceed$294,000 and
. authorize Mayor and City Clerk to execute
11. City Hall Parking Lot -award bid to S&K Excavating& Trucking, Inc.for$82,899.66
12. Countryside Interceptor Engineering Agreement Amendment for Design Engineering - in an amount not to
exceed$13,000 and authorize the City Engineer to execute
13. Geographic Information Study-EEI Proposal - in an amount not to exceed$54,290 and authorize Mayor
and City Clerk to execute
14. Sunflower Estates Phase 2 -Bond Reduction in the amount of$932,751.81
15. Yorkville Road Program- Supplement to Original Contract with Smith Engineering - in an amount not to
exceed$8,433 and authorize City Engineer to execute
Plan Commission/Zoning Board of Appeals:
Minutes for Approval (Corrections and Additions):
Minutes of City Council—April 22, 2003
Minutes of Committee of the Whole—January 7, 2003 and January 21, 2003
City Council Meeting Agenda
May 13, 2003
Page 3
Bill payments for approval from the current Bill List(Corrections and Additions):
Checks total these amounts:
$ 145,735.68 (vendor)
$ 106,330.40 (payroll period ending 4/23/03)
$ 20,195.14 (payroll Elected Officials)
$ 272,261.22 (total)
Reports:
Mayor's Report:
1. Proclamation for Poppy Days, May 15th - 17th
2. Proclamation for Save-a-Life, May 18th - 24th
3. Proclamation for Public Works Week, May 18th - 24th
4. Appointments to Committees and Commissions
Attorney's Report:
City Clerk's Report:
1. MFT Audit for 1/1/02 - 12/31/02
City Treasurer's Report:
1. Treasurer's Report for March 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:
City Council Meeting Agenda
May 13, 2003
Page 4
Committee Reports:
Public Works Committee Report:
1. Water Control Repair/Replacement - $16,494
Economic Development Committee Report:
1. No Report.
Public Safety Committee Report:
1. No Report.
Administration Committee Report:
1. Collective Bargaining Agreement for Patrol Officers
2. Purchase of Vehicle for Executive Director of Parks&Recreation
Additional Business:
Adjournment:
COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2003 —2004
PUBLIC WORKS1
Committee Departments Liaisons
Chairman: Alderman Besco Water and Sewer Park Board
Vice-Chair: Alderman Munns Streets and Alleys YBSD
Committee: Alderman Sticka Sanitation and Waste
Committee: Alderman Kot
City Council Meeting Agenda
May 13, 2003
Page 5
COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2003 —2004 (con't)
--------------------------------
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: Alderwoman Ohare 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 Kot Police Human Resource Comm.
Vice Chair: Alderwoman Ohare Schools School District
Committee: Alderwoman Spears Public Relations KenCom
Committee: Alderman James
;ADMINISTRATION
Committee Departments Liaisons
Chairman: Alderwoman Spears Finance Metra
Vice Chair: Alderman James Public Properties Library
Committee: Alderwoman Burd Personnel Cable Consortium
Committee: Alderman Munns
AD-HOC: TECHNOLOGY;
Committee
Chairman: Alderman Munns
Vice Chair: Alderman Kot
Committee: Alderman Sticka
Committee: Alderwoman Ohare
?AD-HOC: TOURISM]
Committee
Chairman: Alderwoman Burd
Vice Chair: Alderwoman Spears
Committee: Alderman James
Committee: Alderman Besco
05/07/2003 09 54 FAX 630 553 5764 DANIEL J. KRAMER (1002/006
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
ORDINANCE NO. 2003-
AN ORDINANCE AMENDING TITLE 3,CHAPTER 3
ARTICLE 4 SECTION (B) OF THE LIQUOR CONTROL
ORDINANCE OF THE UNITED CITY OF YORKVILLE TO
ALLOW SAMPLING AND/OR TASTING OF ALCOHOLIC
LIQUORS BY CLASS A LIQUOR LICENSE HOLDERS
WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE have
considered modification and amendment to Title 3, Chapter 3, Article 4, Section(B) of the City
Code providing for liquor control within the limits of the UNITED CITY OF YORKVILLE; and
WHEREAS, hearings have been held before the City Council and Public Safety
Committee, due consideration given by the City Council sitting as a Committee of the Whole,
and by the City Council and Staff of the City regulating the sale of alcohol within City limits; and
WHEREAS the City has determined it to be in the best interests of the community and its
economy, as well as for the benefit of the current and future license holders and amend the Uses
Permitted provision of the Liquor Ordinance to allow the sampling and/or tasting of beer and wine
by Class A Liquor License Holders; and
WHEREAS, the purpose of restricting the types of activities which may occur on the
premises of a liquor license holder in the City, is to prevent any secondary effect these activities
may have on the community as a whole, including but not limited to, crime, disorderly conduct and
juvenile delinquency; and
1
05/07/2003 09: 54 FAX 630 553 5764 DANIEL J. KRAMER 1003/006
NOW THEREFORE be it Ordained by the UNITED CITY OF YORKVILLE that Title 3,
Chapter 3, Article 4, Section (B)of the City Code is Amended to include the following
paragraph:
1. Section 3-3-4(B) shall be amended to add the following paragraph:
A holder of a class Al through A4 license may furthermore be permitted to allow
the sampling and/or tasting of the products being sold subject to the following
restrictions:
a. The administration of such sampling and/or tasting shall be done under the
supervision of a department manager or facility manager; and the actual serving
shall be done only by a person over the age of 21 years; and
b. The sampling and/or tasting,consumption, or possession of any alcoholic
liquor by any person under the age of 21 years is strictly prohibited, and the server
of such sample and/or taste will bear the responsibility of enforcing such
prohibition; and
c. The sampling and/or tasting may not be offered more than two times a
week and shall not exceed six hours for each day of such sampling and/or tasting;
and
d. Sampling and/or tasting must occur in a single designated location,
multiple locations are strictly prohibited; and
e. The samples and/or tastes shall be limited to beer and wine only and the
sampling of any alcoholic liquors other than beer and wine shall be strictly
prohibited; and
2
05/07/2003 03 54 FAX 630 553 5764 DANIEL J. KRAMER 6 004/006
e. The samples and/or tastes shall be limited to two ounces or less of beer
and/or wine; and the samples and/or tastes shall be limited to give one or two
ounces less of liquor.
f. The number of products to be sampled or tasted on any one day shall be
limited to three or less.
REPEALER; All ordinances or parts of ordinances conflicting with any of the
provisions of this ordinance shall be and the same are hereby repealed.
SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate,distinct, and independent
provision,and such holding shall not affect the validity of the remaining portions hereof.
EFFECTIVE DATE: This ordinance shall be in effect from and after its passage,
approval and publication in pamphlet form as provided by law.
N WITNESS WHEREOF, this Ordinance has been enacted this day of
, 2003.
PAUL JAMES MARTY MUNNS
RICHARD STICKA MIKE ANDERSON
VALERIE SURD ROSE SPEARS
LARRY KOT JOSEPH BESCO
APPROVED by me, as Mayor of the United City of Yorkville,Kendall County, Illinois,
this day of , A.D. 2003.
3
05/07/2003 09.54 FAX 630 553 5764 DANIEL J. KRAMER 005/006
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois
this day of , A.D. 2003.
Attest:
CITY CLERK
This Document Prepared by:
Law Offices of Daniel J. Kramer
1107A South Bridge Street
Yorkville, Illinois 60560
630-553-9500
4
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,APRIL 22,2003. DRAFT
City Clerk Milschewski called the meeting to order at 7:00 P.M and I the Council in the Pledge
of Allegiance.
Clerk Milschewski explained that due to illness,Mayor Prochaska was unable to attend the
meeting and she requested a motion to appoint Alderman James as Mayor pro tern. So moved by
Alderman Kot;seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes-6 Nays-0
Besco-ave,Burd-aye,Kot-aye,Munns-aye,Spears-aye,Anderson-aye
ROLL CALL
Clerk Milschewski called the roll.
Ward I James Present
Sticka Absent
Ward II Burd Present
Kot Present
Ward ID Anderson Present
Munns Present
Ward IV Besco Present
Spears Present
Also present: City Clerk Milschewski,City Administrator Graff,City Attorney Kramer,Police
Chief Martin,Finance Director Traci Pleckham,Director of Public Works Dhuse,and Executive
Director of Parks&Recreation Brown
QUORUM
A quorum was established.
INTRODUCTION OF GUESTS
Mayor pro tern James welcomed guests and asked those present to enter their name on the
attendance sheet provided.
AMENDMENTS TO THE AGENDA
Administrator Graff requested that the presentation of the 2002 Yearly Police Report be tabled
until Mayor Prochaska was present. He also noted that Item 4 Capital Fees under the
Administration Committee Report were being tabled to a later date.
Alderwoman Spears noted that she noted corrections to the minutes listed on the Consent Agenda
so they were taken off the Consent Agenda and placed on the.regular agenda.
COMMITTEE MEETING DATES
Public Works Committee 6:30 P.M.,Monday,April 28,2003
City of Yorkville Conference Room
800 Game Farm Road
Economic Development Committee 7:00 P.M.,Thursday,May 15,2003
City of Yorkville Conference Room
800 Game Farm Road •
Administration Committee 6:30 P.M.,Thursday,May 8,2003
City of Yorkville Conference Room
800 Game Farm Road
Public Safety Committee 6:30 P.M.,Thursday April 24,2003
City of Yorkville Conference Room
800 Game Farm Road
PRESENTATIONS
None.
CITIZEN COMMENTS
None.
The Minutes of the Regular Meeting of the City Council-April 22,2003-page 2
PUBLIC HEARINGS
None.
CONSENT AGENDA
1. Software Performance Specialists Technology Proposal—Approval of extension of
contract services in an amount not to exceed$9.000.00/100 hours.
2. Weblinx Web Development Proposal—Approval in an amount not to exceed$3,220.00.
3. Ordinance 2003-26- Ordinance Proposing the Establishment of Special Service Area
No.2003-101 for Windett Ridge— not to exceed an aggregate principal amount of
$10,000,000.00
4. Ordinance 2003-27-Ordinance Proposing the Establishment of Special Service Area
No.2003-100 for The Highlands—not to exceed an aggregate principal amount of
$15,000,000.00
Mayor pro tern James read the items listed on the Consent Agenda. A motion was made by
Alderman Anderson to approve the Consent Agenda as presented;seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes-6 Nays-0
Burd-aye,Kot-aye,Munns-aye,Spears-aye,Anderson-aye,Besco-aye
PLANNING COMMISSION/ZONING BOARD OF APPEAL
Alderman Kot noted that Alderman Sticka gave his report at the April 15,2003 Committee of the
Whole meeting.
MINUTES FOR APPROVAL
A motion was made by Alderman Anderson to approve the minutes of the City Council meeting
from April 8,2003;seconded by Alderman Munns.
Alderwoman Spears noted a correction on page 4. She stated that line two under the Senior
Providers report should state"only Kendall County town or village representative".
Clerk Milschewski noted the revision.
Motion approved by a viva voce vote.
A motion was made by Alderman Anderson to approve the minutes of the Committee of the
Whole meeting from February 18,2003;seconded by Alderman Minns.
Alderwoman Spears asked for clarification to an item on page 9,under the"Time Spent on Street
Names"paragraph. She asked how many minutes did Alderman Sticka note two or five? Clerk
Milschewski noted it was five and noted the correction.
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 4246 dated April 17,2003 totaling the following amounts:checks in the
amount of$323,077.10(vendor),$103,143.67(payroll period ending 4/05/03),for a total of
$426,220.77;seconded by Alderwoman Burd.
Motion approved by a roll call vote. Ayes-6 Nays-0
Besco-aye,Burd-aye,Kot-aye,Munns-aye,Spears-aye,Anderson-aye
REPORTS
MAYOR'S REPORT
Confirm Village of Montgomery Joint Meeting Date—May 28th
Mayor pro tem James reported on a letter dated April 4,2003 from Marilyn Micheline,Village
President of Montgomery and a memo from Administrator Graff dated April 18,2003 regarding a
•
joint meeting between the United City of Yorkville and the Village Montgomery. Mayor pro tern
James read a letter from Alderman Sticka,who was not in attendance,regarding the proposed
meeting(see attached). Alderman Sticka stated that he was strongly against negotiating a
boundary agreement with Montgomery unless they:
• Immediately give the transition fees they have collected to School District 4115
■ Increase the transition fee to$3,000.00.
The Minutes of the Regular Meeting of the City Council-April 22,2003-pace 3
• Require the transition fees be paid directly to the School District
• Apologize to the School District and the United City of Yorkville for their actions.
After reading the letter,the Council proceeded to discuss meeting with Montgomery.
Alderman Besco agreed with Alderman Sticka's letter and didn't feel that he was willing to meet
with Montgomery. He stated that the United City of Yorkville requested the meeting in the first
place and felt it was a"slap in the face"for Montgomery to hold the transition fees due the
School District's until a boundary agreement is reached.
Alderman Munns agreed that the withholding of the transition fee was ridiculous. He agreed with
the first three points in Alderman Sticka's letter however he did not feel that Montgomery needed
to apologize. He stated that withholding of the fees was not a way to negotiate and that the two
cities need to come to the table even.
Mayor pro tem James stated that the tentative date for the meeting was May 28th and if the fees
are paid by then,the United City of Yorkville should be willing to meet.
Alderman Kot agreed with the other members of the Council but felt that eventually this has to be
worked out. He agreed that the date for the meeting be set but that the United City of Yorkville
send Montgomery a letter asking that the funds be released prior to the meeting date. If they do
not agree to do so,than the meeting is off.
Alderwoman Burd disagreed with this because the withholding of the funds was an issue between
Montgomery and the School District. She stated that Montgomery has thrown the School District
between the cities and she felt that Yorkville doesn't have to come to a boundary agreement. She
stated that Yorkville initiated boundary negotiations in good faith. She noted that she and Mayor
Prochaska met with Ms.Michelini and a Montgomery trustee to discuss a boundary agreement
some time ago. She did not feel that Yorkville should meet with Montgomery under these
circumstances for the one area of land in question. She felt that Montgomery should work the
fees out with the School District before the cities meet. Alderman Besco agreed.
Alderwoman Spears also agreed that the fees should be paid before meeting with Montgomery.
She noted that the Council represents the"United"City of Yorkville. She stated that she felt the
Council should show Montgomery that Yorkville is proud of itself and is willing to negotiate if
the transition fees are paid to the School District. Mayor pro tem James agreed.
Alderman Munns asked City Attorney Dan Kramer for clarification of the legal issue between the
Village of Montgomery and the School District. Attorney Kramer stated that the transition fees
are developed with Planned Unit Development(PUD)agreements and the municipality.
Montgomery has done this with developers. Withholding of the transition fees may violate these
annexation agreements. He recommended that the United City of Yorkville set a meeting date
and if the fees are not paid the meeting is cancelled.
Alderman Anderson agreed that the cities cannot go to a negotiating table until this problem with
the transition fees is settled.
A motion was made by Alderwoman Spears to authorize City Administrator Graff to contact the
Village of Montgomery and advise them that the United City of Yorkville is willing to meet with
them as long as they pay the School District fees on May 28,2003;seconded by Alderman Kot.
Alderman Anderson asked Administrator Graff if there had been any contact from Montgomery
indicating any progress that they are going to pay the transition fees.
Administrator Graff stated that he did contact Montgomery's City Administrator Anne Marie
Gaura at Mayor Prochaska's request. She indicated that she would bring the request from Mayor
Prochaska that they pay the fees before the meeting to the trustees. Mr.Graff asked her to call
him before the meeting tonight with a response from her Board but he had not heard from her.
Alderwoman Burd asked if anyone knew why there was a sense of urgency to develop a boundary
agreement. She stated that when Alderman Besco attended a Montgomery Board meeting and
suggested a meeting,he was told that they were willing to meet but not to discuss an agreement.
Administrator Graff stated he questioned Ms.Gaura regarding the sense of urgency and she stated
that the Board is concerned with adjoining towns applying development fees fairly and
transportation issues. He noted to her that Yorkville has met with the Montgomery Police Chief
regarding transportation issues and Yorkville collects a$3,000.00 transition fee versus
The Minutes of the Regular Meeting of the City Council-April 22,2003-page 4
Montgomery's$1,500.00 fee. He pointed out that the inequity is more on Montgomery's side
and not Yorkville's. She also stated that there has been discussion regarding the Grande Reserve •
development and fees that Yorkville could be waiving. Administrator Graff explained to her that
no fees were being waived and that the developer is actually paying above and beyond what is
required including water improvements that the developer has agreed to install.
The Council discussed the impact of the Grande Reserve on Montgomery and felt it was minimal.
Motion approved by a roll call vote. Ayes-4 Nays-3
Spears-aye,Anderson-nay,Besco-nay,Burd-nay,James-aye,Kot-aye,Munns-aye
Proclamation-Volunteer Week April 27th through May 3,2003
Mayor pro tern James read a proclamation proclaiming the week of April 27th through May 3,
2003 Volunteer Week(see attached).
Volunteer Appreciation Day—May 3,2003
Mayor pro tern James reported that there was going to be a Volunteer Appreciation Day on May
3,2003 from 1:00 to 4:00 P.M.at the Riverfront Park. A hot dog lunch was being served by
Mayor Prochaska from 1:00 to 2:30 P.M. Other activities for the afternoon include face painting,
a magic show and music.
ATTORNEY'S REPORT
No report. •
CITY CLERK'S REPORT
Clerk Milschewski reminded everyone that the last day to contribute to the Chamber of
Commerce Scholarship Program was April 24,2003.
CITY TREASURER'S REPORT
Alderwoman Spears reported that the City Treasurer was on vacation and even though staff had
prepared the March 2003 Treasurer's Report in a timely manner,City Treasurer Allen did not
sign it before leaving. It will be presented at the May 13,2003 meeting.
•
CITY ADMINISTATOR'S REPORT
Mayor Prochaska's Health
Administrator Graff reported that Mayor Prochaska was out of the hospital and doing much
better.
May 13,2003 City Council Meeting
Administrator Graff reported that the newly elected officials would be sworn in at the May 13,
2002 City council meeting. He noted that the agenda was going to be kept light and that
- �w refreshments would be served after the meeting.
Web Site
Administrator Graff noted that the Council voted on a contract for web development under the
Consent Agenda and introduced the consultant Andy Clements with Weblinx,Inc.who was
present at the meeting.
Development Updates
Administrator Graff reported that several developments,Longford Lakes,Brisben,Heartland
Circle,The Highlands,Kylyn's Ridge and Windett Ridge have begun activity such as mass
grading.
FINANCE DIRECTOR'S REPORT
No report.
DIRECTOR OF PUBLIC WORKS REPORT
Director of Public Works Eric Dhuse reported that emergency repairs were made to the
Woodworth lift station on April 18`s and April 19t. It is now repaired and functioning properly
and service was not lost during the repairs.
Alderman Kot complimented the Public Works Department for a job well done and thanked
Police Chief Martin and the Police Department for their assistance.
CHIEF OF POLICE REPORT
No report.
EXECUTIVE DIRECTOR OF PARKS&RECREATION
Executive Director of Parks&Recreation Laura Brown reported that the new Summer Parks&
Recreation brochure had been mailed to residents and that there are several new programs being
offered.
The Minutes of the Regular Meeting of the City Council-April 22,2003-page 5
Mayor pro tern James noted one of the new programs offered is"Camping in the Park"which
will tie in with"Movie in the Park".
COMMUNITY&LIAISON REPORT
•
No report.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
No report.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
No report.
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
Grant Coordinator Contract
A motion was made by Alderwoman Spears to approve the agreement with C.H.Schrader&
Associates for professional consulting services to the United City of Yorkville for the period of
one year;seconded by Alderman Anderson.
Alderman Kot commented that he supported the concept of a grant coordinator however he had
two concerns about this contract.There isn't any language in the contract regarding the amount of
time that will be spent on behalf of the City and he felt that it should reference at least a minimum
amount of time. His other concern was that he did not have anything to compare the proposal to
and he felt that the City should have gotten other proposals. He stated that he could not support
the contract.
Motion approved by a roll call vote. Ayes-4 Nays-2 Present-1
Burd-aye,Kot-nay,Mu/ins-aye,Spears-present,Anderson-aye,Besco-nay,James-aye
Mayor pro tern James asked Attorney Kramer explain Alderwoman Spears"present"vote. He
explained that a present vote is different than an abstention and is counted toward the majority.
The mayor pro tern's vote was needed because less than one half of the aldermen were voting.
(Ordinance)2003-28 Revised Budget for FY 2002/2003
A motion was made by Alderwoman Spears to approve the ordinance approving the revision of
the 2002/2003 Fiscal Budget as presented by the Finance Director;seconded by Alderman
Anderson.
Motion approved by a roll call vote. Ayes-6 Nays-0
Kot-aye,Mnnns-aye,Spears-aye,Anderson-aye,Besco-aye,Burd-aye
(Ordinance)2003-29 2003/2004 Budget
A motion was made by Alderwoman Spears to approve an ordinance approving the 2003/2004
Fiscal Budget as presented by the Finance Director;seconded by Alderman Anderson.
Motion approved by a roll call vote. Ayes-6 Nays-0
Kot-aye,Mu/ins-aye,Spears-aye,Anderson-aye,Besco-aye,Burd-aye
ADDITIONAL BUSINESS
None.
ADJOURNMENT
Mayor pro tern James entertained a motion to adjourn. So moved by Alderman Anderson;
seconded by Alderwoman Spears.
Motion approved by a viva voce vote.
Meeting adjourned at 7:45 P.M.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk Cite of Yorkville.Illinois
CITY OF YORKVILLE
COJMunury 7, 2003 -HOF 7 00 PMLE DRAFT
MEMBERS PRESENT:
Alderman Larry Kot Alderman Richard Sticka Alderman Paul James
Alderman Joe Besco Alderman Mike Anderson City Administrator Tony Graff
Attorney Kelly Kramer Police Chief Martin Y.E.D. Lynn Dubijic
Treasurer Robert Allen Dir. Public Works Dhuse Dir. Parks Laura Brown
Cindy Green
Mayor Pro-Tem Anderson called the meeting to order.
Public Hearings: NONE
Presentations: NONE
Old Business:
Adoption of 2000 International Code Council Building Codes-The change with the codes
were related to energy standards. There are currently 14 code districts nationwide. It is possibly
that they will be reduced to 5 districts. Hopefully this will allow a more efficient program. The
Department of Energy is working with builders to make the determination that would be suitable
for all parties. At the present time the codes will stay as they are, but also at the same time, work
toward higher standards for energy conservation. It was noted that the Department will have their
new standards developed and in place by 2006. A question was asked if any of the local
communities have gone with the new standards. Building inspector Dettmer said no. This item
is to be placed on the January 14 council agenda.
GASB 34 Project Implementation Proposal-The GASB 34 Implementation Proposal gave a
breakdown of the hours required to complete the project and the projected costs. There is
$35,000 available in this year's budget to cover a portion of the costs. GASB will allow for the
documentation of the City assets and will also be used to help set City policy. This item is to be
placed on the January 14 council agenda.
Agreement between Yorkville-Bristol Sanitary District and the United City of
Yorkville/Engineering Agreement-Countryside Interceptor-This is for update only. The
verbiage needs to be added that if a developer wants to tie into the interceptor, they must also
annex to the City. The language for the funding needs to be in place prior to the Engineering
agreement is approved. The Engineering agreement will be tabled until the agreement between
YBSD and the City is completed and approved.
New Business:
Zoning Text Changes-Special Use, Concrete Plants/Rental Equipment-It was noted that
Concrete Plants and Rental Equipment businesses should be zoned as Special Use. This will
affect the M-1 zoning district. This item will be placed on the January 14 council agenda.
Agreement between the United City of Yorkville Parks and Recreation Department and the
Yorkville Youth Baseball/Softball Association-This agreement will allow the maintenance to
be done by the City. The maintenance will be done by one entity. This will allow for better
management of the work needing to be done. The City is not intending to access fees for the
service at this time. Both the City and the Youth Baseball Association will maintain liability
insurance. Alderman Munns noted that it is very important that the City supports our youth.
Proposed Heartland Regional Pump Station-Deuchler Proposal for Preliminary
Engineering Services/Heartland Regional Lift Station Easements-Preliminary Engineering
funds are in the budget. The Engineering Services Proposal will be placed on the January 14
council agenda. There are some verbiage changes that need to be made with the easements.
There was also a concern with increasing the width of Quinsey Ln. This item will be placed on
the January 21 COW agenda.
PC 2002-25 Daniel LanoiszJl'h-mile review of Garden Center-This item is just a parcel that is
within the 11/2-mile county review. This item is to be placed on the January 14 council agenda.
PC 2002-26 Rose Hill/1'/2-mile review of Preliminary Plat of Subdivision for NW corner
Hilltop and Minkler-The development is a total of 98 acres, 57 country lots with 42 acres of open
space. The development trails will connect with the trails in Fields of Farm Colony. The Plan
Commission approved this item and it does meet with the Comprehensive Plan. This item is to
be placed on the January 14 council agenda.
Westbury Village Concept for Rob Roy Creek/Open Space-Concern was raised with regards
on what credit should be given to the developer for the open, green space. The development has
a gross density of 3.49 and 25% additional open space. Concern was raised with the 10,000
square foot lots, when the standard is 12,000. The council would like to hear more information
from Mike Shoppe and Conservation Design. Ocean Atlantic would like open space credit for the
15 acre lake and the improved waterway. Conservation Design and Mr. Shoppe will review the
information and it will be returned to the January 21 COW.
Administrator's Assistant Job Description-This item has been through Admin. and has been
reviewed by the labor attorney. Verbiage was added with regards to confidentiality. This item will
be placed on the January 14 council agenda.
Thompson Appraisals-A draft needs to be completed that would amend the land cash
ordinance. The ordinance needs to be amended to allow an independent study. The contract
with Thompson will be set up to update annually. This item is to be placed on the January 21
COW meeting.
The November 2002 Building Permit Reports to be placed on the January 14 council agenda.
Cannonball Hill/Letter of Credit Reduction#3-This item was reviewed and recommended by
Mr. Wywrot. This item will be placed on the January 14 council agenda.
Fox Hill Subdivision Acceptance-This item was tabled and will be returned to Public Works.
Heartland Professional Building Plat of Easement-This item was reviewed and recommended
by Mr. Wywrot. This item will be placed on the January 14 council agenda.
Meter Costs-Tabled to Public Works.
YBSD Agreement/Radium Compliance-The agreement indemnifies the Sanitary District from
the cost of disposing of the "sludge"that is created through the discharge process. This item is to
be placed on the January 14 council agenda.
Additional Business:
IDOT will be holding a meeting at the Plano High School for the discussion of the Prairie
Parkway. The meeting will be help for elected officials on January 16 at 6 PM.
On January 13, there will be a Swimming Pool Workshop at 6 PM.
The meeting adjourned at 9:00 PM.
Respectfully submitted by Cindy Green.
CITY OF YORKVILLE
COMMITTEE OF THE WHOLE DRAFT
January 21, 2003 -7:00 PM
MEMBERS PRESENT:
Mayor Arthur F. Prochaska, Jr. Alderman Larry Kot Alderman Rose Ann Spears
Alderman Richard Sticka Alderman Paul James Alderman Joe Besco
Alderman Mike Anderson City Administrator Tony Graff Attorney Kelly Kramer
Police Lieutenant Schwartzkopf Y.E.D. Lynn Dubijic Treasurer Robert Allen
Dir. Public Works Dhuse Dir. Parks Laura Brown Cindy Green
Public Hearings: NONE
Presentations: NONE
Old Business:
Ordinance Amending Land Cash Ordinance 96-3-There was an update with reference to the fair
market value with the actual dollar amount inserted. There was some question with the verbiage of"not
less than every three years". Would like the language changed to every three years or less. This item
will be placed on the January 28, council agenda.
Engineering Agreement/Countryside Interceptor-The Engineering Agreement was reviewed at the
January 7 COW meeting and was returned for the review of the YBSD Intergovernmental Agreement.
This item will be placed on the January 28 council agenda provided the Intergovernmental Agreement is
ready.
Yorkville-Bristol Sanitary District Intergovernmental Agreement-Item#4 in the agreement states that
there must be consent from both sides for connectivity into the interceptor. Item#2 states that the
collection of infrastructure fees will be used to reimburse the City costs. There was concern raised on
when the Sanitary District would reimburse the City. Clarification was requested from Alderman Kot with
regards to what is"enough"and the time frame for reimbursement from the District. If clarification is
available and the information has been distributed to the Alderman in time for review,this item will be
placed on the January 28, council agenda.
Heartland Regional Lift Station Easements-Easements are required for this project. A legal description
of the affected property is needed. This item will be placed on the COW agenda for February 4.
Revised Park& Recreation Open Space Developer Policy-A Public Hearing has been held with
regards to this issue. Information was distributed to developers, however no response was returned from
them. There was a notation with regards to either full or partial credit and the necessary requirements to
receive credit. Areas of no credit were also noted. This item will be placed on the January 28, council
agenda.
New Business:
Consent Agendas/City Council Meetings-Consent agendas allow the City to place several agenda
items in a group to be voted on without discussion. The vote of the alderman for consent agendas must
be unanimous. It also allows an alderman to separate an item from the consent agenda if he/she wishes
at the beginning of the council meeting. This would allow for additional discussion to the item. There was
some concern with regards to what items should be placed on the consent agenda. There was concern
with the timing of scheduled loan payments. It was suggested that this could allow for the possibility of
one City Council meeting per month and on the off week, that date could be used for Public Hearings. It
was also noted that the committees are structured in such a way that the majority of essential discussion
is held at the individual committee meetings level. There are two different votes that affect a consent
agenda. The items must be approved to be placed on the consent agenda and then the council must
approve the consent agenda. This item is to be placed on the January 28 council agenda.
Utility Billing Clerk Job Description-The job description has been placed in the standard format of the
City and has been sent to the labor attorney for review.
Accounting Clerk II/Human Resources Clerk Job Description-The job description has been placed in
the standard format of the City and has been sent to the labor attorney for review.
Designs for City Hall/Williams Architects-There have been a few changes made to the final design.
Mayor Prochaska did question the distance from the squad room to the stairway. The issue was
discussed with Mr. Dettmer and he was in approval. Alderman James showed concern with the parking
design. The issue has been discussed with the Police Department and has been approved. City
Administrator Graff requested consent from the council to put the bid packet together.
IMAP Municipal Practices Assessment-A request has been made through DECA and NIU to perform
an assessment of City Practices. This assessment will allow for the study of office practices, procedures,
and council practices. It will include observation and interviews of City staff and council. This study will
include other Illinois Cities and will be funded by a state grant. A resolution of approval and support is
needed for this assessment. This item is to be placed on the January 28 council agenda.
The Building Permits Reports for December 2002 will be placed on the January 28 council agenda.
PC 2002-12 Kylyn's Ridge Final Plat-The final plat has been approved though EDC and the Plan
Commission. The Final Plat is virtually the same as the preliminary with City Engineer Wywrot's requests
incorporated. There are two engineering issues that will be discussed with the City Administrator and the
City Engineer on Wednesday January 22. This item will be placed on the January 28 council contingent
on the two engineering issues.
•
PC 2002-29 Bowman Property (1 1/2 mile review)-The property in question is within the 1%-mile review
of the City. It has been through the Plan Commission and EDC. The property consists of 18 estate size
lots that would contain their own well and septic. There will be one entrance placed on Route 71.
Discussion has been held with IDOT with regards to the placement. There will be 12 acres of green
space on the property. Mayor Prochaska requested that there be a pre-annexation agreement in place,
so that when the property becomes contiguous, that it would automatically annex to the City. Alderman
Burd also noted that a trail system should be placed on the property. Estate Zoning requires that a trail
system be put in place. It was also noted that the open space would be covered under a homeowners
association and a back up SSA. This item is to be placed on the January 28 council agenda.
PC 2002-30 Tucek Property (1 1/2 mile review)-The property falls within.the 11A-mile review of the City.
Mayor Prochaska suggested the pre-annexation with this property also. The property consists of 30 units
and 15 acres of open space. It was also noted that sidewalks and trails are a city standard. It was
suggested that the developer attend the January 28 council meeting or this item be tabled.
Menard's Residential Concept for Kennedy Road Alignment-There was much discussion with regards
to the new alignment of Kennedy Road. There were both short term and long-term recommendations.
The biggest concern was public safety. One option had the intersection that involved a 3-way stop.
Another option took the curve on Kennedy and opened the angle of the road. Concern was also raised
with regards to future traffic and the possibility of 4 lanes instead of two. Alderman Sticka showed
concern with the addition of"T" intersection and the unfamiliarity of stop signs and that it may be a greater
cause for accidents. It was suggested that the intersection be a more open and angled "Y". The more
open the intersection, the greater the visibility.
Public Works Sewer Cam-This is a budgeted item for 2003-2004. It was noted that the City has a good
working relationship with the vendor. It was also noted that $10,000 has been budgeted for this item.
This equipment could be used to determine and pinpoint problems with the sewer before they happen.
This item is to be placed on the January 28 council agenda.
Additional Business:
Alderman Spears reported that street names are needed for the Historical Street Names List.
Mayor Prochaska noted that there would be a joint meeting held with the Yorkville School Board. The
meeting will be held on January 30, at 7:30 PM in the school office.
Mayor Prochaska announced appointments to the Park Board. Heather Fiala, 1-year term and Van
Truman for the remainder of the existing term. He will be re-appointed in May. This item will be placed
on the January 28 council agenda. The issue of increasing the Park Board to 7 persons will be brought to
COW on February 4. The Mayor also noted that one person is needed for both the Human Resource
Board and the Facade Committee.
City Administrator Graff wanted to give thanks to Liz for organizing the new Alderman packets.
The meeting adjourned at 9:00 PM.
Respectfully submitted by Cindy Green
Illinois Department of Transportation
Division of Highways/ District 3
700 East Norris Drive/ Ottawa, Illinois/ 61350-0697
Telephone 815/434-6131
April 7, 2003
Ms. Jacquelyn Milschewski
City Clerk
800 Game Farm Road
Yorkville, IL 60560
Dear Ms. Milschewskl:
Enclosed is a copy of Audit Report No. 54 covering the receipt and
disbursement of Motor Fuel Tax funds by your city for the period beginning
January 1, 2002 and ending December 31, 2002.
This report should be presented to the Mayor and the City Council at the first
regular meeting after the receipt of this letter and then filed as a permanent
record in your office.
Sincerely,
Diane O'Keefe
District Engineer
vcl-1
B . James R. Thr gill III
p
District Local Roads & Streets Engineer
cc: Debra Baxter, MFT Auditor
ILLINOIS DEPARTMENT OF AUDITOR'S CERTIFICATE
TRANSPORTATION AUDIT REPORT NO. 54
CITY OF YKVILLE
We hereby certify that we have audited the books and records in so far as they pertain to the receipt
and disbursement of the Motor Fuel Tax Fund of the City of YORKVILLE for the period beginning Jan. 1, 2002
and ending Dec. 31, 2002 , and that entries for receipts in these books and records are true and correct and are in
agreement with the records maintained by the Department of Transportation and that entries for disbursements are
supported by canceled warrants or checks with exceptions noted in the audit findings.
We further certify that we have verified entries in the claim registers with the original claims and
canceled warrants, that we have examined and checked the records fo the City Clerk and City Treasurer,
have compared the expenditures listed in the warrant registers of those offices against the minutes of the City
Council maintained by the City Clerk and have found them to be in accordance therewith exceptions
noted in the audit findings.
LC. 6a)(--4----
Auditor
REVIEWED AND APPROVED BY
Ir Date:
11. ct Local s and Streets Engineer
BLR 7401
ILLINOIS DEPARTMENT OF AUDITOR'S COMMENTS
TRANSPORTATION
Audit Report No.54
CITY OF YORKVILLE
Audit Period:Jan. 1,2002 to Dec. 31, 2002
Purpose of Audit: To determine the status of Motor Fuel Tax Funds as of Dec.31, 2002
The other receipts to the Motor Fuel Tax Fund were $24,140.50 received as follows:
Interest 2002 $4,267.03
Reimbursements $19,873.47
Total received: $24,140.50
The 2001 Maintenance Expenditure Statement was on file at time of audit.
Final reports are on file for the following sections:
00-00023-00-EG
00-00022-00-FP
01-00026-00-LT
Adequate records are available to support Fund activity.
This Audit was done on a selective sampling basis.
f
BLR 7402(Rev. 1-90) SIGNED I-0.
ILLINOIS DEPARTMENT OF Fund Balance and Bank Reconciliation
TRANSPORTATION
AUDIT REPORT NO. 54
City of YORKVILLE
Date: March 4, 2003
Audit Period Jan., 1, 2002- Dec. 31, 2002
Fir Balance Unobliqated Obligated Total Outstanding Warrants
R'
Balance Previous Audit 130,692.68 72,886.97 203,579.65
Allotments &Cert. 175,648.69 0.00 175,648.69
Total MFT Funds 306,341.37 72,886.97 379,228.34
Approved Authorizations (117,677.40) 117,677.40 0.00
Other Receipts 24,140.50 24,140.50
Total 188,663.97 214,704.87 403,368.84
Disbursements 156,595.29 156,595.29
Surplus (Credits) 31,894.59 (31,894.59) 0.00
Unexpended Balance 220,558.56 26,214.99 246,773.55
Bank Reconciliation
Balance in Fund per Bank Certificate Dec. 31, 2002 221,638.02
Deduct Outstanding Warrants
Add Outstanding investments
Additions (Outstanding deposits) 25,135.53
Subtraction's
Net Balance in Account Dec. 31, 2002 246,773.55
BLR 7403 (Rev. 1/90)
IL 494-0654 Certified Correct
Auditor
SUMMARY OF MOTOR FUEL TAX FUND TRANSACTIONS
ILLINOIS DEPARTMENT OF TRANSPORTATION BY SECTIONS AND CATEGORIES
CITY OF YORKVILLE Audit Period: January 1,2002-December 1,2002 Audit Report No.54
• Surplus to Prev. Total
SECTION Balance Total Amount Adjustments Other Total Funds Total Unobligated Unexpended Accumulated Accumulated
Prev.Audit Authorized Receipts Available Disbursements Balance Balance
r-- - .
(Credits) Disbursements . Disbursements
j 0.00 0.00 0.00
MAINTENANCE 0.00 0.00 0.00
0.00 : 0.00 0.00
99-00000-00-GM r 14,168.63 14.168.63 F 14,168.63 ' 0.00 36,911.37 ' 36,911.37
0.00 0.00 0.00
00-00000-00-GM I 888.50 , 888.50 888.50 ' 0.00 39,048.13 39,048.13
0.00 ' 0.00 0.00
01-00000-00-GM L 29,748.05 1 i 29,748.05 ` 18,345.82 j 11,402.23 9,211.95 ; 27,557.77
0.00,) 0.00 0.00
02-00000-00-GM 47,103.00 47,103.00 10,437.05 • 36,665.95 ' 10,437.05_
0.00 : 0.00- 0.00
CONSTRUCTION ; 0.00 0.00 0.00
0.00i 0.00 0.00
00-00022-00-FP CONT 19,075.43 5,363.53, 24,438.96 24,438.96 0.00 97,326.10 121,765.06
ENG 0.00 i 0.00 0.00
00-00023-00-FP ' ' 0.00 0.00 0.00
ENG 5,698.00 5,698.00 5,698.00 0.00 5,698.00
01-00026-00-TL 5,150.28 5,150.28 5,150.28 • i 0.00 5,150.28
ENG - - 0.00 0.00 0.00
02-00028-00-TL i r 0.00 : 33,755.45 (33,755.45) 33,755.45
ENG 36,021.26 36,021.26 35,750.01 271.25 35,750.01
OBLIGATION RET '' 0.00 , 0.00 0.00
00-00023-00-GB 18,341.33 10,731.64 29,072.97 i 21,463.28 7,609.69 21,463.28
i 0.00 i 0.00 0.00
ERRONEOUS (7,831.10) 9,141.83 . 1,310.73 ' 1,556.44 (245.71) 1,556.44
0.00 . 0.00 0.00
INTEREST 0 00 ' 0.00 0.00
00-00000-00-AC 8,414.68 8,414.68 8,414.68 0.00 0.00
01-00000-00-AC 8,422.78 8,422.78 8,422.78 0.00 0.00
02-00000-00-AC 4,267.03 4,267.03 k: 4,267.03 0.00
0.00 ' • 0.00 0.03
1 0.00 0.00 0.00
i 72,886.97_ 117,677.40_ 0.00 24,140.50 i, 214,704.87 156,595.29 • 31,894.59 l 26,214.99 0 182,497.55 • 339,092.84
BLR 7406(Rev.1-90)
i ai u
LnrE
Castle Bank STATEMENT OF ACCOUNT
LAST STATEMENT: NOVEMBER 30, 2002
www. cast/ e b a n k . c o m THIS STATEMENT: DECEMBER 31, 2002
TOTAL DAYS IN STATEMENT PERIOD: 31
1 PAGE NUMBER ACCOUNT NUMBER
PAGE 1 OF 1 t 0080513239
DIRECT INQUIRIES TO:
1-800-990-5713
1.11.11.1 .1.1.11n11,161,hnll Hlh. II ILI CASTLE BANK N.A.
CITY OF YORKVILLE 141 W LINCOLN HWY
800 GAME FARM RD DEKALB, IL 60115 -
YORKVILLE IL 60560
6
SUMMARY OF ACC "OUNT BALANCE
:,.� _ _��-,;,;; s ._.»_.. .,...u..,_,.K>f.,,.,,-'a,., R.,,,,.;,:U.,,,, .„„ ..._,-,,.4, ,,, ...,,;,,,,. ..1,.. ,. te. ., ,ailtr le.1 :0 1.1
ACCOUNT NUMBER ENDING BALANCE
PUBLIC FUNDS NOW ACCOUNT 0080513239 $221,638.02
PUBLIC FUNDS',NOIC ACCotINr
.,w,,,.„, F, n.=x.,:,,rw,: ..,,F.,..,u..,... —c.. -xw. ,.�,.,.,e.vns„.:,.,.,,.,-•,..,:as'„vw.wx.,w*,s ...44.-kr.`wi.nt.ac&C..i..i,...., ,..t:: a-aMz+ c4...U.cAY.._ ..,.. ,;€ L-.:ak.y t:Zc:;o:nss 4n+t.a.'
ACCOUNT NUMBER BEGINNING BALANCE $218,999.08
0080513239 LOW BALANCE $218, 146.93
AVG COLLECTED BALANCE $223,621.00
6 ENCLOSURES INTEREST PAID YEAR TO DATE $4,267.03
TOTAL ADDITIONS $15,761.96
TOTAL SUBTRACTIONS $-13, 123.02
15-)
NUMBER DATE AMOUNT _ _ NUMBER DATE AMOUNT
5070 12-05 852. 15". 5074 12-20 6,337.61,--
5072 * 12-11 1,521.94- 5075 12-23 2,776.98-•-
5073 12-16 1,634.34/ * SKIP IN CHECK SEQUENCE
DATE DESCRIPTION ADDITIONS SUBTRACTIONS
12-10 DEPOSIT 15,498.58
12-31 #INTEREST CREDIT 263.38
DAILY BALANCES
DATE AMOUNT DATE AMOUNT DATE AMOUNT
11-30 218,999.08 12-11 232, 123.57 12-23 221,374.64
12-05 218, 146.93 12-16 230,489.23 12-31 221,638.02
12-10 233,645. 51 12-20 224, 151.62
Illii-
1121 ,N,. FDIC .
MFT-R015 STATE OF ILLINOIS 01/02/03 PAGE 1206
DEPARTMENT OF TRANSPORTATION
- ANNUAL -
LOCAL AGENCY MOTOR FUEL TAX AUDIT REPORT
DISTRICT 03 COUNTY 093
AGENCY TYPE 3 AGENCY NAME YORKVILLE
TRANS. TRANS. TRANS. SECTION UNOBLIGATED
DATE TYPE NUMBER NUMBER CATEGORY ALLOTMENT AUTHORIZATION CREDIT PAY TO STATE BALANCE
$ 130,692.68
12-31-01 ALLOTMENT $ 14,447.66
$ 145, 140.34
01-24-02 CREDIT 020124602 990000000GM MAINT $ 14, 168.63 $ 159,308.97
01-24-02 CRED T 020124606 000000000AC INTEREST $ 8,414.68 $ 167,723.65
01-31-02 ALL "ENT $ 14,302.52 $ 182,026. 17
02-28-02 ALL ,MENT $ 14, 150.85 $ 196, 177.02
03-26-02 AUT 020326984 020002800TL ENGINERNG $ 8, 159. 10 $ 188,017.92
03-31-02 ALLOTMENT $ 12,605.27 $ 200,623. 19
04-02-02 CREDIT 020402263 000000000GM MAINT $ 888.50 $ 201 ,511 .69
04-02-02 CREDIT 020402264 010000000AC INTEREST $ 8,422.78 $ 209,934.47
04-04-02 AUTH 020404343 020002800TL ENGINERNG $ 1,348.01 $ 208,586.46
04-30-02 ALLOTMENT $ 14,236.75 $ 222,823.21
05-01-02 AUTH 020501454 020002800TL ENGINERNG $ 3,098.75 $ 219,724.46
05-31-02 ALLOTMENT $ 14,588.95 $ 234,313.41
06-14-02 AUTH 020614049 020002800TL ENGINERNG $ 11 ,469.80 $ 222,843.61
06-18-02 AUTH 020618122 000002300FP ENGINERNG $ 954.60 $ 221 ,889.01
06-30-02 ALLOTMENT $ 15,686. 12 $ 237,575. 13
07-02-02 AUTH 020702701 020002800TL ENGINERNG $ 2,203.42 $ 235,371 .71
07-15-02 AUTH 020715084 000002300FP ENGINERNG $ 1,810. 10 $ 233,561.61
07-31-02 ALLOTMENT $ 15,736.86 $ 249,298.47
08-05-02 AUTH 020805760 020002800TL ENGINERNG $ 580.00 $ 248,718.47
08-08-02 AUTH 020808938 020000000GM MAINT $ 47, 103.00 $ 201 ,615.47
08-15-02 AUTH 020815316 000002300FP ENGINERNG $ 1 ,043.80 $ 200,571.67
08-31-02 ALLOTMENT $ 13,770. 17 $ 214,341 .84
09-05-02 AUTH 020905945 020002800TL ENGINERNG $ 2,800.96 $ 211,540.88
09-06-02 AUTH 020906975 010002600LT CONT CONS . $ 5, 150.28 $ 206,390.60
09-06-02 AUTH 020906980 000002300GB OBL RETMT , $ 18,341.33 $ 188.049.27
09-16-02 AUTH 020916341 000002300FP ENGINERNG $ 1 ,889.50 $ 186, 159.77
09-26-02 AUTH 020926683 000002200FP CONT CONS $ 5,363.53 $ 180,796.24
09-30-02 ALLOTMENT $ 16,221 .07 $ 197,017.31
10-01-02 AUTH 021001769 020002800TL ENGINERNG $ 2,460.84 $ 194,556.47
10-31-02 ALLOTMENT $ 14,403.89
$ 208,960.36
11-06-02 AUTH 021106687 020002800TL ENGINERNG $ 852. 15 $ 208, 108.21
11-30-02 ALLOTMENT $ 15,498.58
$ 223,606.79
12-05-02 AUTH 021205711 020002800TL ENGINERNG $ 2.776.98 $ 220,829.81
12-31-02 AUTH 021231591 020002800TL ENGINERNG $ 271.25 $ 220,558.56
TOTALS $ 175,648.69 $ 117,677.40 $ 31 ,894.59 $ .00 $ 22C,558.56
1 I
CITY OF YORKVILLE
MONTHLY TREASURERS REPORT
FOR THE MONTH OF MARCH
AS OF MARCH 31, 2003
FUND BALANCE REVENUE EXPENSE TRANSFER BALANCE
General 1,228,590.05 393,630.74 397,607.88 17,626.00 1,242,238.91
Water 270,226.39 101,341.68 48,019.00 (17,141.00) 306,408.07
Wtr Impry Exp 2,534,490.27 32,925.96 166,628.23 (2,390.00) 2,398,398.00
Motor Fuel 264,950.56 14,550.06 15,599.98 0.00 263,900.64
Mun. Bldg. 92,736.68 3,933.00 29,701.15 0.00 66,968.53
Sewer Maint. (125,801.94) 49,111.30 15,784.62 (7,042.00) (99,517.26)
Sanitary Sewer 877,919.96 88,400.50 4,241.59 2,792.00 964,870.87
Land Cash 308,873.95 13,262.50 1,185.00 0.00 320,951.45
Land Aquistion 58,392.24 0.00 0.00 0.00 58,392.24
Working Cash 113,203.34 115.07 0.00 0.00 113,318.41
South Sewer 10,673.50 0.00 0.00 0.00 10,673.50
Trust &Agency (410,103.65) 199,509.33 135,330.11 0.00 (345,924.43)
Debt Service 4,004.26 4,039.00 20,244.16 0.00 (12,200.90)
PD Capital 11,360.53 5,485.09 0.00 1,155.00 18,000.62
PW Capital 91,308.98 7,150.00 0.00 5,000.00 103,458.98
Fox Indus. 89,963.74 52.27 0.00 0.00 90,016.01
TOTAL 5,420,788.86 913,506.50 834,341.72 0.00 5,499,953.64
0 1,4 1/- _
Ro ert J. Allen
Treasurer
MAY 0 5 2003
Illinois FOP Labor Council Representing Yorkville Patrol Officers
And
The United City of Yorkville
Collective Bargaining Agreement 2001-2006
1
ARTICLE I - RECOGNITION 4
ARTICLE II - UNION SECURITY 4
Section 2.1. Dues Checkoff. 4
Section 2.2. Fair Share. 4
Section 2.3. Union Indemnification. 4
ARTICLE III - GRIEVANCE PROCEDURE 5
Section 3. 1. Definition 5
Section 3.2. Grievance Procedure. 5
Section 3.3. Arbitration. 5
ARTICLE IV - MANAGEMENT RIGHTS 6
ARTICLE V - NO STRIKE-NO LOCKOUT 6
ARTICLE VI - WAGES 7
Section 6. 1. Wages Rates. 7
Section 6.2. Longevity Pay 7
ARTICLE VII - HOURS OF WORK AND OVERTIME 7
Section 7.1. Application of Article 7
Section 7.2. Normal Workday, Workweek. 7
Section 7.3. Overtime Pay. 7
Section 7.4. Break Periods. 7
Section 7.5. Compensatory Time. 8
Section 7.6. Call-Back Pay. 8
Section 7.7. Off-Duty Court Time. 8
Section 7.8. Switching Days Off. 8
Section 7.9. Training. 8
Section 7.10 Work Cycle 8
Section 7.11 Training Reimbursement 9
ARTICLE VIII - VACATIONS 9
Section 8.1. Paid Vacations. 9
Section 8.2. Vacation Pay 9
Section 8.3. Vacation Scheduling. 9
Section 8.4. Vacation Carryover. 9
Section 8.5. Termination of Employment. 9
ARTICLE IX - HOLIDAYS 10
Section 9.1. Holydays 10
Section 9.2. Holiday Pay 10
Section 9.3. Floating Holidays. 10
ARTICLE X - SICK LEAVE 10
Section 10.1. Purpose Allowance and Accumulation. 10
Section 10.2. Medical Examination. 10
Section 10.3. Sick Leave Utilization 10
Section 10.4. Unused Sick Leave 11
ARTICLE XI - OTHER LEAVES OF ABSENCE 11 .
Section 11.1. Unpaid Discretionary Leaves. 11
Section 11.2. Emergency Time Off 11
2
Section 11.3. Bereavement Pay. 11
Section 11.4. Family & Medical Leave Act of 1993. 12
ARTICLE XII - OTHER BENEFITS 12
Section 12.1. Uniform. 12
Section 12.2. Drug and Alcohol Testing. 12
Section 12.3. On-the-Job Injury. 13
Section 12.4. Peace Officer's Disciplinary Act. 13
Section 12.5. Health Maintenance Physical. 13
ARTICLE XIII - INSURANCE 13
Section 13.1. Medical Insurance. 13
Section 13.2. Life. Dental and Vision Coverage. 14
ARTICLE XIV - LAYOFF 14
ARTICLE XV AUTHORITY OF THE POLICE AND FIRE COMMISSION 14
ARTICLE XVI - ENTIRE AGREEMENT 14
ARTICLE XVII - TERMINATION 15
Section 17.1. Term. 15
APPENDIX A - AUTHORIZATION FOR PAYROLL DEDUCTION 16
APPENDIX B - ANNUAL SALARY RATES: PATROL OFFICERS 17
APPENDIX B - (2003-2006) Error! Bookmark not defined.
SIDE LETTER 19
SIDE LETTER OF UNDERSTANDING 20
3
AGREEMENT between the UNITED CITY OF YORKVILLE, ILLINOIS
(hereinafter called the "City") and ILLINOIS FRATERNAL ORDER OF
POLICE LABOR COUNCIL/YORKVILLE PATROLMAN UNIT (hereinafter
called the "Council").
ARTICLE I -RECOGNITION
The City recognizes the Council as the sole and exclusive collective bargaining
representative for the purpose of establishing wages, hours of work and other conditions
of employment for all full-time sworn patrol officers, but excluding Chief of Police,
lieutenants, sergeants and all other employees of the Police Department and the City.
ARTICLE II - UNION SECURITY
Section 2.1. Dues Checkoff.
The City will deduct from the first paycheck each month the uniform, regular
monthly Council dues for each employee in the bargaining unit who has filed with the
City a voluntary dues checkoff authorization. The form of checkoff shall be as set forth in
Appendix A attached hereto. If a conflict exists between the checkoff form and this
Article, the terms of this Article control. Dues shall be remitted to the Council by the 15th
day of the month following deduction.
Section 2.2. Fair Share.
Any employee hired after the effective date of this Agreement who chooses not to
be a member of the Council shall, as a condition of employment, be required to pay a fair
share (not to exceed the amount of the Council dues) of the cost of the collective
bargaining process and contract administration. The City shall deduct fair share amounts
from employees' paychecks as required by this Article to the extent permitted by law and
remit said amounts to the Council by the 15th day of the month following deduction.
In the event that any employee covered hereby is precluded from making a fair
share involuntary contribution as required by this Section on account of bona fide
religious tenets or teachings of a church or religious body of which that employee is a
member, that employee shall have the right to refuse to allow said involuntary deduction,
provided, however, that said right to refuse shall continue only so long as the employee
makes contributions at least equal in amount to the fair share fee amount to a
nonreligious charitable organization mutually agreed upon by the employee so refusing
and the Council.
Section 2.3. Union Indemnification.
The Council shall indemnify, defend and save the City harmless against any and
all claims, demands, suits or other forms of liability (monetary or otherwise) and for all
legal costs that shall arise out of or by reason of action taken or not taken by the City in
complying with the provisions of this Article. If an improper deduction is made, the
Council shall refund directly to the employee any such amount.
4
ARTICLE III - GRIEVANCE PROCEDURE
Section 3.1. Definition.
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, except 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.
Section 3.2. Grievance Procedure.
Recognizing that grievances should be raised and settled promptly, a grievance
must be raised within fifteen (15) calendar days of the occurrence of the event giving rise
to the grievance, or within fifteen (15) days after the Union or employee, through the use
of reasonable diligence, could have obtained knowledge of the occurrence of the event
first giving rise to the grievance. A grievance shall be processed as follows:
STEP 1: Verbal To Immediate Supervisor. By discussion between the employee,
accompanied by one Council Officer if the employee so desires, and his
immediate supervisor (sergeant or lieutenant as the case may be). The
immediate supervisor shall answer verbally within seven (7) calendar days
of this discussion.
STEP 2: Appeal to Chief If the grievance is not settled in Step 1, the Council may,
within seven (7) calendar days following receipt of the immediate
supervisor's answer, or when an answer was due, file a written grievance
with the Chief of Police signed by the employee and one Council Officer
setting forth the nature of the grievance and the contract provision(s)
involved. The grievant and a Council representative and the Chief will
discuss the grievance at a mutually agreeable time. If no agreement is
reached in such discussion, the Chief will give his answer in writing
within seven(7) calendar days of the discussion.
Section 3.3. Arbitration.
If the grievance is not settled in Step 2 and the Council wishes to appeal the
grievance, the Council mayrefer the grievance to arbitration within thirty (30) calendar
days of receipt of the Chief's written answer.
(a) The parties shall attempt to agree upon an arbitrator after receipt of the notice of
referral. In the event the parties are unable to agree upon the arbitrator, the parties
shall jointly request the Federal Mediation and Conciliation Service to submit a
panel of five (5) arbitrators. Each party retains the right to reject one panel in its
entirety and request that a new panel be submitted. The parties shall alternately
strike names from the panel and the person remaining shall be the arbitrator.
5
(b) The arbitrator shall be notified of his selection and shall be requested to set a time
and place for the hearing, subject to the availability of Council and City
representatives.
(c) The arbitrator shall submit his decision in writing within thirty (30) calendar days
following the close of the hearing or the submission of briefs by the parties,
whichever is later.
(d) The fees and expenses of the arbitrator and the cost of a written transcript, if any,
shall be divided equally between the City and the Council; provided, however,
that each party shall be responsible for compensating its own representatives and
witnesses.
(e) The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or
subtract from the provisions of this Agreement. Any decision or award of the
arbitrator shall be final and binding upon the City, the Council and the employees
covered by this Agreement.
ARTICLE IV - MANAGEMENT RIGHTS
The City retains all traditional rights to manage and direct the affairs of the City
in all of its various aspects and to manage and direct its employees, including but not
limited to the following: to plan, direct, control and determine all the operations and
services of the City; to supervise and direct the working forces; to establish the
qualifications for employment and to employ employees; to schedule and assign work; to
establish work standards and, from time to time, to change those standards; to assign
overtime; to determine the methods, means, organization and number of personnel; to
make, alter and enforce reasonable rules, regulations, orders and policies; to evaluate
employees; to discipline, suspend and discharge employees for just cause (probationary
employees without cause); to change or eliminate existing methods, equipment or
facilities; to establish, implement and maintain an effective internal control program; to
determine the overall budget; and to carry out the mission of the City provided, however,
that the exercise of any of the above rights shall not conflict with any of the express
written provisions of this Agreement.
ARTICLE V- NO STRIKE-NO LOCKOUT
No employees covered by this Agreement shall engage in, induce or encourage
any strike, work stoppage, slowdown, or withholding of services. The Council agrees that
neither it nor any of its members or agents will call, institute, authorize, participate in,
sanction or ratify any strike, work stoppage, slowdown, or withholding of services,
during the term of this Agreement.
The City will not lock out any employees during the term of this Agreement as a
result of a labor dispute with the Council, or for any cause whatsoever, it being the intent
6
of the parties that the employees not strike or "slowdown" and that the City not lock out
any employees.
ARTICLE VI- WAGES
Section 6.1. Wages Rates.
During the term of this Agreement, employees shall be paid at the wage rates set
forth in Appendix "B", during the dates (fiscal years) indicated thereon.
Section 6.2. Longevity Pay.
As part of their regular compensation and in addition to the wage rates set forth in
Appendix B, employees shall receive an annual longevity pay stipend as follows:
Years of Service Longevity Pay
After 6 years but less than 9 years $ 750
After 9 years but less than 14 years $1,000
After 14 years but less than 20 years $1,250
After 20 years but less than 25 years $1,500
After 25 years $2,000
ARTICLE VII-HOURS OF WORK AND OVERTIME
Section 7.1. Application of Article.
This Article shall define the workweek and serve as a basis for calculating
overtime payments. Nothing in this Agreement shall be construed as a guarantee of hours
of work per day or per week.
Section 7.2. Normal Workday, Workweek.
The shifts, workdays and hours to which employees are assigned shall be stated
on a Departmental work schedule. The normal workday shall begin with a ten (10)
minute roll call prior to the beginning of the work shift and shall include a paid thirty(30)
minute off-duty lunch break. Should it be necessary in the interest of efficient operations
to alter shift starting or ending times or establish a different workday or workweek, the
City will provide notice of such change to the individuals affected.
Section 7.3. Overtime Pay.
When police officers are ordered to report for work which is in addition to the
employee's normal work schedule, the employee shall be paid time and one-half the
employee's regular straight-time rate for all such hours of overtime. For the purpose of
calculating overtime, all compensated hours shall be considered as hours worked. The
hourly rate for overtime purposes shall be determined by dividing the annual salary by
2,080. Overtime shall be computed to the nearest one-quarter hour.
Section 7.4. Break Periods.
Employees shall receive a paid thirty (30) minute off-duty lunch period and a ten
(10) minute break during the first half of the shift and a ten (10) minute break during the
7
second half of the shift. Breaks will be scheduled by the Department so as not to interfere
with Department work.
If an employee is called to duty while on a lunch break, then such employee shall
be entitled to his thirty (30) minute off-duty lunch break later on during his shift. If the
work load does not allow an officer to take a lunch break before the end of his shift, then
he shall be paid for overtime for his thirty (30) minute off-duty lunch break. Such lunch
breaks shall not be unreasonably denied.
Section 7.5. Compensatory Time.
Employees who are entitled to time and one-half overtime pay under this
Agreement may elect compensatory time at time and one-half, in lieu of pay, to a
maximum of sixty (60) hours' compensatory time by giving advance notice to the Police
Department.
An employee with accrued compensatory time may make advance request for
time off and time off will be approved by the Police Department based upon
Departmental needs. At termination, all accumulated compensatory time must be paid in
full in cash.
Section 7.6. Call-Back Pay.
An employee covered by this Agreement who is called back to work after having
left work shall receive a minimum of two (2) hours' work at time and one-half rates. A
call back is defined as an assignment of work which does not immediately precede or
follow an employee's regularly scheduled work hours.
Section 7.7. Off-Duty Court Time.
When an employee is required to spend off-duty time in court on behalf of the
City (including subpoena for deposition for work-related testimony), the employee will
receive time and one-half for all hours worked, with a minimum pay guarantee of two
hours'pay at time and one-half.
Section 7.8. Switching Days Off.
Employees may request the switching days off by.written notice to the Chief and
the Chief will approve these requests based upon Departmental needs.
Section 7.9. Training.
When the Police Department schedules an employee in writing for mandatory off-
duty training, including training schools, the employee shall be paid straight-time for the
first forty (40) hours of said training in a calendar year and time and one-half for all hours
in excess of forty (40) hours in a calendar year.
Section 7.10 Work Cycle
The parties recognize that the work cycle adopted by the City for purposes of
Section 7K of the FLSA is 24 days.
8
Section 7.11 Training Reimbursement
New hires are required 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 two (2) years of employment; 75% if the
employee leaves after two (2) years but less than three (3) years. The Council 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, consistent with the
foregoing repayment provision. This Section only applies to persons hired on or after
April 1, 2003.
ARTICLE VIII - VACATIONS
Section 8.1. Paid Vacations.
Employees who attain the years of continuous service with the Police Department
as indicated in the following table shall receive vacation with pay as follows:
Length of Continuous Service Vacation
One (1) year through five (5) years 80 hours
Six (6) years through ten (10) years 120 hours
Eleven (11) years and beyond 160 hours
Employees earning 160 hours vacation may take up to forty (40) hours' vacation
as pay, subject to the approval of the Department Head.
Section 8.2. Vacation Pay.
Vacation pay shall be calculated on the basis of the employee's regular straight-
time rate at the time the vacation is taken.
Section 8.3. Vacation Scheduling.
Vacations shall be scheduled on a year-round basis. The Police Chief shall
schedule vacations and determine the maximum number of employees who may be on
vacation at any one time, taking into account the needs of the Police Department,
employee advance requests, and employee seniority (if the vacation is requested by the
employee by February 28). Vacations are normally taken in one week increments, except
that the Police Chief may approve taking of one week of vacation in single day
increments.
Section 8.4. Vacation Carryover.
An employee is permitted to request vacation carryover from one year to the next
year, but not beyond forty (40) hours and not beyond one year.
Section 8.5. Termination of Employment.
An employee who terminates after one full year of service shall receive pro-rated
vacation pay on the basis of 1/12th for each full month worked past the employee's
anniversary date.
9
ARTICLE IX- HOLIDAYS
Section 9.1. Holydays.
The following holidays are observed under this Agreement:
New Years' Day Veterans' Day
Good Friday Thanksgiving Day
Memorial Day Day After Thanksgiving Day
Independence Day Christmas Eve Day
Labor Day Christmas Day
Presidents' Day
Section 9.2. Holiday Pay.
Employees shall work all holidays which fall within the regular schedule, unless
the employee has been granted approved time off. An employee shall receive eight (8)
hours' straight time pay for each observed holiday, whether or not the employee works
the holiday.
Section 9.3. Floating Holidays.
In addition to the eleven (11) holidays listed above, all employees will receive
two floating holidays. Police patrolmen shall not receive additional compensation for the
floating holidays. Such floating holidays shall be taken as a day off upon the approval of
the Chief of Police.
ARTICLE X- SICK LEAVE
Section 10.1. Purpose Allowance and Accumulation.
Sick leave with pay is provided as a benefit in recognition that employees do
contract various illnesses from time to time and that their financial resources may be
diminished in such instances if pay is discontinued, and that it may not be in the best
interest or health of the employee or fellow employees to work while sick. Sick leave as
contained herein may be taken by an employee who is unable to work by reason of a non-
duty related illness, injury or disability. Employees shall accrue eight (8) sick leave hours
per month to a maximum accrual of 960 hours.
Section 10.2. Medical Examination.
The City may, at its discretion, require an employee to submit a physician's
verification of illness or other conclusive evidence of illness, and such verification
normally will be required for illnesses requiring the use of more than twenty-four (24)
hours of sick leave.
Section 10.3. Sick Leave Utilization.
Sick leave may be utilized only for the purposes specified in Section 10.1.
Employees utilizing paid sick leave hours shall be compensated for them according to
their normal rate of pay. Employees will use accrued sick leave in reverse accrual order.
10
Thus, when an employee uses a sick leave hour, the last sick leave hour earned is
removed from his accumulated sick leave. Abuse of sick leave shall be considered
grounds for disciplinary action. Absent employees who have exhausted their accumulated
sick leave shall not be compensated for further absences unless approved by the City
Council.
Section 10.4. Unused Sick Leave.
(a) On May 15 of each year, an employee who has used less than the sick leave he
has accumulated in the immediately preceding fiscal year (May 1 through April
30) will be asked if he wishes to sell back the accrued sick leave earned in that
fiscal year at a rate equivalent to fifty (50%) percent of his regular rate of pay for
each sick leave hour sold back. Sick leave hours accumulated in previous fiscal
years are not eligible to be sold back. The number of sick leave hours for which
an employee elects cash compensation shall be deducted from such employee's
accumulated sick leave. Employees electing to sell back their sick leave will be
paid for them by June 15.
(b) An employee who has at least twenty (20) years of service on the Department as a
full-time sworn peace officer and who elects normal retirement at age Fifty (50)
or older shall be paid for unused sick leave at the rate of fifty percent (50%) of his
regular daily rate of pay in effect on his last day of active work for the City for all
accrued and unused sick leave accumulated.
For example, an employee retiring with ninety-six (96) hours of accumulated but
unused sick leave hours will be paid the equivalent of forty-eight hours of pay at the
employees regular daily rate of pay.
ARTICLE XI - OTHER LEAVES OF ABSENCE
Section 11.1. Unpaid Discretionary Leaves.
The City in its discretion may grant an unpaid leave of absence to any bargaining
unit employee where the City determines there is good and sufficient reason. The City
shall set the duration, terms and conditions of such leaves in writing. Such leave shall not
be used by an employee to try for or accept employment elsewhere or for self-
employment.
Section 11.2. Emergency Time Off.
Time away from work due to emergencies will be granted at the discretion of the
Chief of Police. If granted, the Chief of Police shall set the duration, terms and conditions
of such leave, including whether it is to be paid or whether it must be made up.
Section 11.3. Bereavement Pay.
In the event of death of an immediate family member (mother, father, brother,
sister, child, step-child, spouse, mother-in-law, father-in-law or in special cases as
approved by the Chief of Police), an employee will be granted up to three (3) days time
11
off with pay, providing the employee attends the funeral. These days are separate from
floating holidays and sick hours.
Section 11.4. Family & Medical Leave Act of 1993.
The parties agree that the Employer may adopt policies to implement the Family
and Medical Leave Act of 1993, as it may be amended from time to time ("FMLA"), that
are in accord with what is legally permissible under the Act.
ARTICLE XII - OTHER BENEFITS
Section 12.1. Uniform.
The City will provide uniforms to employees, and replacement uniforms as
authorized by the Chief of Police. The specific uniforms will be as approved by the City
and the specifics of uniform content will be set forth in Departmental policy.
Section 12.2. Drug and Alcohol Testing.
The City may require employees to submit to a urinalysis test and/or other
appropriate test if the City determines there is reasonable suspicion that the employee has
been using alcohol and/or drugs as defined in paragraph c) hereof. Any such tests shall be
at a time and place designated by the City and shall be at the City's expense. If an
employee is directed to take such a test based on reasonable suspicion, the City shall
provide the employee, upon request, with a written statement of the basis for the City's
reasonable suspicion within 48 hours of the request. There shall be no random testing.
a) The City shall use only licensed clinical laboratories for such testing and
shall be responsible for maintaining a proper chain of custody. The taking
of urine samples shall not be witnessed unless there is' reasonable
suspicion to believe that the employee .is tampering with the testing
procedure. If the first test results in a positive finding, a confirmatory test
(GC/MS or a scientifically accurate equivalent) shall be conducted: For
alcohol, the test shall be deemed positive if it is .04 or above. An initial
positive test result shall not be submitted to the City unless the
confirmatory test result is also positive as to the same sample. If the City,
contrary to the foregoing, receives the results of a positive first test which
is not confirmed as provided above, such information shall be destroyed if
received in writing. Upon request, the City shall provide an employee with
a copy of any test results which the City receives with respect to such
employee.
b) A portion of the tested sample shall be retained by the laboratory so that
the employee may arrange for another confirmatory test (GC/MS or a
scientifically accurate equivalent) to be conducted by a licensed clinical
laboratory of the employee's choosing and at the employee's expense.
Once the portion of the tested sample is delivered to the clinical laboratory
selected by the employee, the employee shall be responsible for
12
maintaining the proper chain of custody for said portion of the tested
sample. •
c) Use of proscribed drugs at any time while employed by the City, abuse of
prescribed drugs, as well as being under the influence of alcohol or the
consumption of alcohol while on duty, shall be cause for discipline,
including termination.
d) The City will not take adverse employment action against an employee
solely because that employee voluntarily requests treatment or counseling
for an alcohol problem, unless such request follows the testing of an
employee or the City otherwise determines that the employee is unfit for
duty.
Section 12.3. On-the-Job Injury.
Employees shall receive full pay for up to 180 calendar days per year for on-the-
job injury.
Section 12.4. Peace Officer's Disciplinary Act.
Nothing in this Agreement shall abridge an employee's rights under the Illinois
Uniform Peace Officer's Disciplinary Act, which Act is incorporated by reference as if
fully set forth herein.
Section 12.5. Health Maintenance Physical.
Employees will be given a health maintenance physical not more frequently than
every two (2) years. The costs for the medical examination shall be paid by the City. The
results of the physical shall remain confidential between the employee and the physician,
except that the physician will give the Chief of Police a statement on fitness for duty.
ARTICLE XIII - INSURANCE
Section 13.1. Medical Insurance.
The medical insurance program in effect when this Agreement is ratified shall be
continued during the term of this Agreement; provided, however, the City retains the
right to change insurance carriers, benefit levels, or to self-insure as it deems appropriate,
so long as the new coverage and benefits are substantially similar to those in effect as of
the date this Agreement is ratified, except that the employee's monthly contribution shall
be as follows:
Family (Employee
and Dependents) Employee Only
On or after May 1, 2001 $45 $30
13
The employee medical insurance contribution set forth above shall be placed into
effect only if the same, or greater, employee contributions are required from all other City
employees.
Section 13.2. Life. Dental and Vision Coverage.
The City shall continue in effect the life ($30,000), dental and vision coverages.
Increases in the benefits of these plans for non-bargaining unit non-supervisory
employees shall be offered to the bargaining unit employees on the same terms and
conditions as they are offered to non-bargaining unit non-supervisory employees.
ARTICLE XIV -LAYOFF
In the event the City decides to reduce the number of active employees, the
employee or employees to be laid off shall be selected upon the basis of seniority, so long
as the employees remaining are qualified to perform the available work. Employees will
receive ninety (90) days' advance written notice of layoff with a copy to the Union. When
the City decides to recall employees, the employee or employees shall be recalled in
inverse order of layoff. Laid off employees shall retain seniority for three years, at which
point seniority and the employment relationship shall terminate. Employees laid off shall
be recalled to work before the hiring of new employees.
ARTICLE XV- AUTHORITY OF THE POLICE AND FIRE COMMISSION
The parties recognize that the City Board of Fire and Police Commissioners has
certain statutory authority over employees covered by this Agreement, including but
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.
ARTICLE XVI -ENTIRE AGREEMENT
This Agreement, upon ratification, supersedes all prior practices and agreements,
whether written or oral, unless expressly stated to the contrary herein, and constitutes the
complete and entire agreement between the parties, and concludes collective bargaining
for its term, except as expressly stated to the contrary herein.
The City and the Council, for the duration of this Agreement, each voluntarily and
unqualifiedly waives the right, and each agrees that the other shall not be obligated, to
bargain collectively with respect to any subject or matter referred to or covered in this
Agreement, including the impact of the City's exercise of its rights as set forth herein on
wages, hours or terms and conditions of employment, except as expressly stated to the
contrary herein. In so agreeing, the parties acknowledge that, during the negotiations
which resulted in this Agreement, each had the unlimited right and opportunity to make
demands and proposals with respect to any subject or matter not removed by law from
the area of collective bargaining, and that the understandings and agreements arrived at
14
by the parties after the exercise of that right and opportunity are set forth in this
Agreement.
Before making any changes in working conditions not contained in this
Agreement which are mandatory topics of bargaining, the City shall notify the Union of
its intention of the proposed change. Upon such notification, and if requested by the
Union, the City shall meet with the Union and negotiate such change and its impact
before it is finally implemented. Any change made without such notice shall be
considered temporary pending the completion of such negotiations. If the Union becomes
aware of such a change and has not received notification, the Union must notify the City
as soon as possible and request negotiations if such negotiations are desired. The failure
of the Union to request negotiations shall act as a waiver of the right to such negotiations
by the Union.
ARTICLE XVII - TERMINATION
Section 17.1. Term.
This Agreement shall be effective on May 1, 2001 and shall remain in full force
and effect until April 30, 2006. It shall automatically be renewed from year to year
thereafter unless one party shall notify the other in writing at least ninety (90) days prior
to the anniversary date that it desires to modify this Agreement. Notwithstanding any
provision of this Agreement to the contrary, this Agreement shall remain in effect after
the expiration date while negotiations for a new agreement are continuing.
Executed this day of , 2003.
UNITED CITY OF YORKVILLE: ILLINOIS FRATERNAL ORDER OF
POLICE LABOR COUNCIL/YORKVILLE
PATROLMAN UNIT
By By
Date Date
15
APPENDIX A- AUTHORIZATION FOR PAYROLL DEDUCTION
ILLINOIS FRATERNAL ORDER OF POLICE
LABOR COUNCIL/YORKVILLE PATROLMAN UNIT
By
Please Print Last Name First Middle
TO: UNITED CITY OF YORKVILLE, YORKVILLE POLICE DEPARTMENT
EFFECTIVE:
Date
I hereby authorize the United City of Yorkville to deduct from my earnings the
amount of membership dues which may be established from time to time and certified in
writing by the Treasurer of the Illinois Fraternal Order of Police Labor CouncillYorkville
Patrolman Unit. This authorization shall be irrevocable for the period of one year from
the date hereof or until the termination of the Collective Bargaining Agreement between
the City and the Council, whichever is the first to occur; and I direct that this
authorization shall be automatically renewed and be irrevocable for successive periods of
one year or for the period of each succeeding applicable Collective Bargaining
Agreement, unless written notice is given by me to the City and the Council not more
than thirty (30) days and not less than fifteen (15) days prior to the expiration of each one
year period or of each Collective Bargaining Agreement between the City and the
Council, whichever is shorter.
I hereby waive all right and claim for said monies so deducted and transmitted in
accordance with this authorization, and further and separately, relieve the City and all of
its officers, representatives or agents from liability thereof.
(Print Full Name)
(Signature)
(Social Security Number)
(Date)
16
APPENDIX B - ANNUAL SALARY RATES: PATROL OFFICERS
May 1 2001 Through April 30 2002
Years of Service No Degree Associate Degree* Bachelor's
Degree*
Less Than One $31,789 $32,425 $33,073
Year**
One Year But Less $34,919 $35,617 $36,330
Than Two Years
Two Years But $36,576 $37,307 $38,054
Less
Than Three Years
Three Years Or $38,492 $39,261 $40,047
More
May 1, 2002 Through April 30, 2003
Years of Service No Degree Associate Degree* Bachelor's
Degree*
Less Than One $32,902 $33,560 $34,231
Year**
One Year But Less $36,141 $36,864 $37,601
Than Two Years
Two Years But $37,856 $38,613 $39,386
Less
Than Three Years
Three Years Or $39,839 $40,636 $41,449
More
* In order for a police officer to qualify for academic assistance, the school attended
for college study must be accredited by the council on post secondary accreditations. This
council included the following associations of colleges and universities: North Central,
Western, New England, Southern, Middle States and Northwestern.
** Starting base salary. The Council may, because of prior experience, accelerate the
duration of employment of an individual upon the recommendation of the department
head.
17
Appendix B Continued.
May 1, 2003 Through April, 30 2006
Associate Degree*
Years of Service 5/1/03 5/1/04 5/1/05
Less than One Year** $36,641.02 $38,473.07 $39,627.26
One Year but less than Two Years $40,248.20 $42,260.61 $43,528.43
Two Years but less than Three Years $42,158.32 $44,266.24 $45,594.22
Three Years or more $44,366.30 $46,584.62 $47,982.15
Bachelors Degree*
Years of Service 5/1/03 5/1/04 5/1/05
Less than One Year** $37,373.48 $39,242.15 $40,419.42
One Year but less than Two Years $41,052.74 $43,105.38 $44,398.54
Two Years but less than Three Years $43,001.02 $45,151.07 $46,505.60
Three Years of More $45,253.52 $47,516.20 $48,941.68
* In order for a police officer to qualify for academic assistance, the school attended
for college study must be accredited by the council on post secondary accreditations. This
council included the following associations of colleges and universities: North Central,
Western,New England, Southern, Middle States and Northwestern.
** Starting base salary. The Council may, because of prior experience, accelerate the
duration of employment of an individual upon the recommendation of the department
head.
18
SIDE LETTER
This is a Side Letter to the 2001-04 collective bargaining agreement between the
United City of Yorkville ("City's and the Illinois Fraternal Order of Police Labor
Council/Yorkville Patrolman Unit ("FOP"). The parties hereby agree as follows:
1. Without in any way establishing a precedent with respect to other employees or
future wage increases, the parties agree that the following 2 employees, and only
these 2 employees, will receive the following raises effective on the dates
indicated in addition to their existing salaries: Glenn Calvert, Barry Groesch.
May 1, 2001 3.5%
May 1, 2002 3.5%
May 1, 2003 9.0%
May 1, 2004 5.0%
May 1, 2005 3.0%
2. This Side Letter shall expire on April 30, 2006.
AGREED:
UNITED CITY OF YORKVILLE: ILLINOIS FRATERNAL ORDER OF
POLICE LABOR COUNCIL/YORKVILLE
PATROLMAN UNIT
By By
By By
Date Date
19
SIDE LETTER OF UNDERSTANDING
The Illinois FOP Labor Council and the United City of Yorkville agree that the
Council waives any right to bargain over the provisions of the City's revised employee
hand book, as is on final draft date, with the understanding that if any section of the
handbook conflicts with the express terms of the contract, then the contract shall govern.
AGREED:
UNITED CITY OF YORKVILLE: ILLINOIS FRATERNAL ORDER OF
POLICE LABOR COUNCIL/YORKVILLE
PATROLMAN UNIT
By By
By By
Date , Date
20