City Council Packet 2004 01-13-04 ,csD c/r o
United City of Yorkville
.0110
County Seat of Kendall County
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Cl) Yorkville, Illinois 60560
0 !_lI Cr ~ p Phone:630-553-4350 AGENDA
111 ke�.��a� v, Fax:630-553-7575 CITY COUNCIL MEETING
`4LE NN/ CITY COUNCIL CHAMBERS
7:00 PM
Tuesday, January 13, 2004
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 Wanda Ohare Rose Ann Spears
Establishment of Quorum:
Introduction of Guests:
Amendments to Agenda:
Committee Meeting Dates:
Public Works Committee Meeting: Ad-hoc: Technology Committee
7:00 p.m., Monday, January 26, 2004 5:30 p.m., To Be Announced
City Hall Conference Room City Hall Conference Room
Economic Development Committee:
7:00 p.m., Thursday, January 15, 2004
City Hall Conference Room
Administration Committee Meeting: Ad-hoc: Tourism Committee
6:30 p.m., Thursday, February 12, 2004 6:30 p.m., To Be Announced
City Hall Conference Room City Hall Conference Room
Public Safety Committee Meeting:
6:30 p.m., Thursday, January 22, 2004
City Hall Conference Room
Public Hearings: None
Citizen Comments:
Presentations: 1. Yorkville Moose Lodge #2371 to present a check for the purchase of a defibrillator for the
Police Department.
City Council Meeting Agenda
January 13, 2004
Page 2
Consent Agenda
1. Acceptance of Fox Hill Units 1, 2, 3, 4, 6, and Route 34 Improvements
2. O'Keefe Watermain Easement - authorize Mayor and City Clerk to execute
3. North Water Tower Change Order #2 - authorize increase in an amount not to exceed$5,535.00 and
for City Engineer to execute
4. September and October 2003 Water Reports
5. Well#7 Drilling Change Order#2 - authorize extension of completion date to January 30, 2004
6. City Hall Parking Lot Change Order#2 - accept decrease of$8,054.22 and authorize City Engineer to
execute
7. Police Reports for November 2003
8. Investment Policy
Plan Commission /Zoning Board of Appeals:
Minutes for Approval (Corrections and Additions):
Minutes of City Council—November 25, 2003, December 9, 2003 and December 23, 2003
Minutes of Committee of the Whole— October 7, 2003
Bill payments for approval from the current Bill List(Corrections and Additions):
Checks total these amounts:
$ 316,781.64 (vendors)
$ 132,575.87 (payroll period ending 12/31/03)
$ 449,357.51 (total)
Reports:
Mayor's Report:
Attorney's Report:
City Clerk's Report:
City Council Meeting Agenda
January 13, 2004
Page 3
Reports (con't):
City Treasurer's Report:
City Administrator's Report:
Finance Director's Report:
Director of Public Works Report:
Chief of Police Report:
Executive Director of Parks &Recreation Report:
Community &Liaison Report:
Committee Reports:
Public Works Committee Report:
1. No Report.
Economic Development Committee Report:
1. Raintree Village PUD Amendment
a. Ordinance Authorizing Execution
2. Gary & Lelalu Maxwell Annexation Agreement
a. Ordinance Authorizing Execution
b. Ordinance Annexing
Public Safety Committee Report:
1. No Report
Administration Committee Report:
1. Employee Manual
Additional Business:
Executive Session:
1. For the purchase or lease of real property for the use of the public body.
Adjournment:
City Council Meeting Agenda
January 13, 2004
Page 4
COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2003 —2004
PUBLIC WORKS]
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
;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
FAD-HOC: TECHNOLOGY
Committee
Chairman: Alderman Munns
Vice Chair: Alderman Kot
Committee: Alderman Sticka
Committee: Alderwoman Ohare
City Council Meeting Agenda
January 13, 2004
Page 5
COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2003 —2004 (con't)
AD-HOC: TOURISM
Committee
Chairman: Alderwoman Burd
Vice Chair: Alderwoman Spears
Committee: Alderman James
Committee: Alderman Besco
UNITED CITY OF YORKVILLE
To: Tony Graff, City Administrator
From: Joe Wywrot, City Engineerk.- e---.Subject: Fox Hill Subdivision—Final A eptan
Date: January 8, 2004
Attached find a letter from Paul Dresden agreeing to pay for landscape restoration at 1225
Evergreen Lane. We have also received a check from Paul in the amount of$2,194.24 to
reimburse the city for services provided and the cost of water service repair at 1225
Evergreen. The three B-Boxes in Unit 4 were repaired by Primus Corporation on January 7th
and inspected by the city.
All punchlist work items for Units 1, 2, 3, 4, 6, and the Route 34 Improvements are now
complete. I recommend that the City Council accept the public improvements of Fox Hill
Units 1, 2, 3, 4, 6, and the Fox Hill Route 34 Improvements for ownership and maintenance.
Please note that there is no one-year warranty period for this development.
Fox Hill Unit 5 is being developed by Primus Corporation, and is not ready for acceptance at
this time.
This item is scheduled for approval at the January 13, 2004 City Council meeting.
Cc: Dan Kramer, City Attorney
Eric Dhuse, Director of Public Works
Box
Yorkville Development, Inc, P.O.Frankfort,
,ILL 60423
MY OF YORKVILLE
Phone: (815)464-2031
Fax: (815)464-2032 JAN 0 8 nn4
R5CE1 ED
January 8, 2004
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Attention: Tony Graff
Re: Fox Hill Subdivision
Dear Tony,
The City public works crew recently repaired a water service at 1225 Evergreen Lane. The
landscape restoration cannot be done at this time due to the weather. We are asking for the City to
accept the subdivision improvements at the January 13th City Council meeting. We realize the
restoration work will be done in the spring and accept the responsibility for the costs of the
restoration.
Please call with any questions you may have.
Sincerely,
Paul Dresden
Cc: Robert Gamrath III
1
Revised: 1/9/04
Investment Policy
United City of Yorkville, Illinois
1.01 Policy
It is the policy of the United City of Yorkville (the City)to invest public funds
in a manner which will provide the highest investment return with the
maximum security while meeting the daily cash flow demands of the City and
conforming to all state and local statutes governing the investment of public
funds.
1.02 Scope
This policy covers all funds governed by the City Council. It does not include
IMRF or Police Pension Funds, which is governed by other policies. Cash
balances from various funds, which are not restricted or special use, may be
pooled to maximize investment earnings. Investment income will be allocated
to the various funds based on their respective participation and in accordance
with generally accepted accounting principles.
1.03 Objective
The primary objective, in order of priority,
shall be:
• Legality: Conformance with federal, state and other legal
requirements.
• Safety: Preservation of capital and protection of investment
principal.
• Liquidity: Maintenance of sufficient liquidity to meet operating
requirements.
• Yield: Attainment of market rates of return.
Local Considerations:
While the City desires to achieve a return at least equal to the Illinois Funds
Money Market rate it recognizes the benefits of retaining money within the
community for future growth and economic well being. The estimated value
of these benefits is either 10 % of the Illinois Funds Money Market rate or .25
% (25 basis points) whichever is the smaller amount as of the close of the last
business day of the week.
The portfolio shall be reviewed quarterly as to its effectiveness in meeting the
City's needs for safety, liquidity, rate of return, diversification and its general
performance.
1.04 Standards of Care
1. Prudence
Investments shall be made with judgment and care, under
circumstances then prevailing, which persons of prudence, discretion,
and intelligence exercise in the management of their own affairs, not
for speculation, but for investment, considering the safety of their
capital, as well as the probable income to be derived. The standard of
prudence to be used by investment officials shall be the "prudent
person" standard and shall be applied in the context of managing an
overall portfolio. The Treasurer or his designees, acting in accordance
with this policy and any other written procedures pertaining to the
administration and management of City assets and exercising due
diligence, shall be relieved of personal responsibility, if any, for credit
risk or market price changes of a particular security, provided that
deviations from expectations are timely noted and appropriate action is
taken to control and prevent further adverse developments.
2. Ethics and Conflicts of Interest
Officers and employees involved in the investment process shall
refrain from personal business activity that could conflict with the
proper execution and management of the investment program, or that
could impair their ability to make impartial decisions. Such individuals
shall disclose to the Treasurer any material financial interests in
financial institutions that conduct business within the City, and they
shall further disclose any personal financial investment positions that
could be related to the performance of the investment portfolio, In
addition, such individuals shall subordinate their personal investment
transactions to those of the investment portfolio,particularly with
regard to the time of purchases and sales.
3. Delegation of Authority
The investment policy shall be administered in accordance with the
Public Funds Investment Act (30 ILCS 235) and all applicable State of
Illinois statues as well as relevant city codes and ordinances. Oversight
of the investment policy is delegated to the Treasurer. Day-to-Day
management and administrative responsibility for the investment
policy is hereby delegated to the Finance Director.
1.05 Authorized Financial Dealers and Institutions
The Finance Director shall maintain a list of local financial institutions
authorized to provide investment services and provide them with a copy of the
City's Investment Policy. All authorized financial dealers and institutions
shall, prior to receiving City funds,provide the Finance Director with an
affirmative statement that they have read the City's investment policy and
agree to conform to its requirements. These institutions shall comply with all
qualifications and requirements as set forth in Illinois Compiled Statutes (30
ILCS 235/6) as well as any and all other laws, statutes, and fiduciary
responsibilities not mentioned within this policy.
With the exception of the Illinois Funds Money Market Fund and Prime Fund,
financial institutions shall have a local presence within the City, unless they
are specifically approved by the City Council. Temporary interim deposits in
outside institutions, which also require Council approval, may be permitted to
establish bond issues and similar accounts.
1.06 Safekeeping and Custody
1. Security
All security transactions, including collateral for repurchase agreements,
entered into by the City, shall be conducted on a delivery-versus-payment
(DVP) basis. Securities will be held by an independent third party
custodian, and evidenced by safekeeping receipts and governed by a
written custodial agreement. Funds invested in Repurchase Agreements
shall comply with all governing laws including Illinois Complied Statutes
30 ILCS 235/2 (g-h).
2. Internal Control
The Treasurer, working with the Finance Director, is responsible for
establishing and maintaining an internal control structure designed to
insure that the invested assets of the City are protected from loss, theft or
misuse. The internal control structure shall be designed to provide
reasonable assurance that these objectives are met. The controls shall be
designed to prevent the loss of public funds arising form fraud, employee
error, and misrepresentation by third parties, unanticipated changes in
financial markets and imprudent actions by authorized investment officers.
The system of internal controls and operational procedures shall be
documented in writing and made available to individuals authorized to
invest funds on behalf of the City.
In addition, an annual independent review by an external auditor will be
performed.
The internal controls shall address the following points.
• Control of collusion
• Separation of transaction authority from accounting
• Custodial safekeeping
• Written confirmation of telephone transactions for investments and
wire transfers
1.07 Authorized and Suitable Investments
Investments may be made in savings, checking, money market accounts,
certificates of deposit and the Illinois Funds Money Marker Fund and Prime
Fund. Any other type of investment will require City Council approval.
Investments shall be made that reflect the cash flow needs of the fund type
being invested. All investments shall be as authorized in the Illinois Compiled
Statutes (30 ILCS 235/2 sec 2) regarding the investment of public funds.
1.08 Investment Parameters
1. Collateralization
Funds on deposit (checking account, certificates of deposit, etc.) in excess
of FDIC limits shall be secured by the deposit of marketable U.S.
government or other approved securities or surety bonds issued by top-
rated insurers, having a value of at least 110% of the deposits. Collateral is
required as security whenever deposits exceed the insurance limits of the
FDIC. The collateral required to secure City funds must be held in
safekeeping and pursuant to written collateral agreements, which would
prohibit the release or substitution of pledged assets without proper written
notification and authorization of the City Treasurer. Repurchase
agreements must also be collateralized in an amount of 105% of market
value of principal and accrued interest. Collateral shall be held at an
independent—third party institution in the name of the City. The third
party institution shall comply with all qualifications and requirements as
set forth in the Illinois Complied Statutes 30 ILCS 235/6. All changes in
collateral shall be sent to the City Treasurer.
2. Diversification
A variety of financial instruments and maturities,properly balanced, will
help to ensure liquidity and reduce risk or interest rate volatility and loss
of principal. Diversifying instruments and maturities will avoid incurring
unreasonable risks in the investment portfolio regarding specific security
types, issuers or individual financial institutions. The City shall diversify
its investments to the best of its ability based on the type of funds invested
and the cash flow needs of those funds. Diversification can be by type of
investment, number of institutions invested in, or length of maturity.
3. Maximum Maturities
To the extent possible, the City shall attempt to match its investments with
anticipated cash flow requirements. Unless matched to a specific cash
flow, the United City of Yorkville will not directly invest in securities
maturing more than five years from the date of purchase. Reserve funds
may be invested in securities exceeding five years if the maturity of such
investments is made to coincide as nearly as practicable with the expected
use of the funds.
1.09 Reporting
1. Financial Dealers and Institutions
Monthly reports shall be provided to the City including: Account #'s,
investment description, face value, purchase price, %yield on investment
(net of fees), purchase dates, maturity date, custodian, and
collateralization. In addition, a rate summary of the entire portfolio shall
be provided on a quarterly and annual basis and compared to a benchmark
of the Illinois Funds Money Market rates or other appropriate benchmark
such as the average three (3) month U.S. Treasury Bill return,to determine
whether market average yields are being achieved.
2. The Treasurer shall prepare monthly Treasurer's report to the City Council
and be available on request. The report shall be in a format suitable for
review by the public. An annual report shall also be provided to the
Council.
1.10 Performance Standards
1. This investment portfolio shall be managed in accordance with the
parameters specified within this policy. The portfolio shall obtain a
comparable rate of return during a market/economic environment of stable
interest rates. Portfolio performance shall be compared to the current
Illinois Funds Money Market rate, or other appropriate benchmark such as
the average three (3) month U.S. Treasury Bill return, to determine
whether market average yields are being achieved.
2. Marking to Market
A statement of the market value of the portfolio shall be issued to the City
Council quarterly.
1.11 Investment Policy Adoption
The investment policy shall be adopted by the City Council. The Treasurer
shall review the policy within 90 days of the end of the fiscal year and any
modifications made thereto must be approved by the City Council.
Above referenced statutes may be accessed at:
http://www.legis.state.il.us/legislation/ilcs/iles.asp
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF DRAFT
THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS.
HELD IN THE CITY COUNCIL CHAMBERS,800 GAME FARM ROAD
ON MONDAY,NOVEMBER 25,2003.
Mayor Prochaska called the meeting to order at 7:05 P.M and led the Council in the Pledge of
Allegiance.
ROLL CALL
Clerk Milschewski called the roll.
Ward I James Present
Sticka Present
Ward II Burd Absent
Kot Present
Ward III Munns Present
Ohare Present
Ward IV Besco Present
Spears Present
Also present: City Clerk Milschewski,City Treasurer William Powell,City Administrator Graff,
City Attorney Dan Kramer,Police Chief Martin,Director of Public Works Dhuse and Finance
Director Traci Pleckham and Executive Director of Parks&Recreation Laura Brown
OUORUM
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 I'Hr.AGENDA
None.
COMMITTEE MEETING DATES
Public Works Committee 7:00 P.M.,Monday,December 22,2003
City of Yorkville Conference Room
800 Game Farm Road
Economic Development Committee 7:00 P.M.,Thursday,December 18,2003
City of Yorkville Conference Room
800 Game Farm Road Cancelled
Administration Committee 7:00 P.M.,Thursday,December 11,2003
City of Yorkville Conference Room
800 Game Farm Road Cancelled
Public Safety Committee 6:30 P.M.,Wednesday,December 17,2003
Police Department Conference Room
800 Game Farm Road
Ad Hoc Technology Committee 5:30 P.M.,Wednesday,December 17,2003
City of Yorkville Conference Room
800 Game Farm Road
Ad Hoc Tourism Committee 6:30 P.M.,Monday,January 17,2004
City of Yorkville Conference Room
800 Game Farm Road
PUBLIC HEARINGS
Raintree Village
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing the
Raintree Village,LLC's request for an Amendment to Annexation and Planned Unit
Development Agreement to add a clubhouse facility to the Raintree Village Subdivision located
on Route 71 between Route 47 to the west and Route 126 to the east. So moved by Alderman
Kot;seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes-7 Nays-0
Besco-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka-aye
The Minutes of the Regular Meeting of the City Council—November 25,2003-page 2
Please see attached Report of Proceedings taken before Chris Vista,C.S.R.from Depo Court
Reporting Service for the transcription of the public hearing.
Mayor Prochaska entertained a motion to close the public hearing.So moved by Alderwoman
Spears;seconded by Alderwoman Ohare.
Motion approved by a roll call vote. Ayes-7 Nays-0,
James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye
CITIZEN COMMENTS
None.
PRESENTATIONS
None.
CONSENT AGENDA
1. Funding for Library Building Expansion Project-approve recommendation from
Library Board to use Development Fee for payment of financial advisory services
fee of$8,500.00 to develop a financial plan
2. Beecher Concession Stand—approve to proceed with plans using Land Cash
3. Resolution 2003-42—Creating the Position of Full-time Receptionist-authorize the
Mayor and City Clerk to execute
4. Request to Hire Full-time Administrative Receptionist
5. Request to hire Full-time Park and Recreation Receptionist—subject to receiving
Grande Reserve Funds
6. Unemployment Savings Program—authorize Mayor to execute enrollment forms and
payment of enrollment fees in an amount not to exceed$1,125.00
7. Request to Hire Public Works Maintenance Worker I-subject to receiving Grande
Reserve Funds
Mayor Prochaska entertained a motion to approve the Consent Agenda. So moved by Alderman
Sticks;seconded by Alderwoman Spears.
Motion approved by a roll call vote. Ayes-7 Nays-0
James-aye,Kot-aye,Munns-aye,Spears-aye,Sticka-aye,Ohare-aye,Besco-aye
PLANNING COMMISSION/ZONING BOARD OF APPEALS
Mayor Prochaska reported on the following items discussed at the Plan Commission meeting:
• Runge Annexation—annexation and rezoning(B-3,R-2&R-3)unanimously approved.
• LaBerge Annexation-annexation and rezoning(B-3)unanimously approved.
• Maxwell Annexation—annexation and rezoning(B-3)approved by a vote of 9-0 with one
abstention.
• Kritzberg Rezoning—rezoning as presented failed with a vote of 2-7 and one abstention.
A recommendation for a B-2 Special Use zoning was made and was approved by a vote
of 9-0 with one abstention.
• Kylyn's Ridge Final Plat—approved unanimously subject to staff comments.
• Raintree Village Units 2&3 Final Plat-approved unanimously subject to staff
comments.
• Concept Plans—Concept plans for Silver Fox and Corner Stone subdivisions were
presented and discussed.
Mayor Prochaska noted that the Kritzberg's rezoning has been discussed with them and the
attorneys involved and they are now considering a development agreement for the property.
MINUTES FOR APPROVAL
A motion was made by Alderwoman Spears to approve the minutes of the Committee of the
Whole meetings from April 15,2003,May 20,2003 and June 3,2003;seconded by Alderman
James.
Alderwoman Spears noted corrections to the May 20th minutes;page two,first paragraph,last
line,third word should be agreement. She also noted corrections to the June 3rd minutes;page
four,third paragraph,last line;the word he should be the and on the same page,the last sentence
the word overly should be overlay.
Mayor Prochaska asked that the minutes be approved as corrected.
Motion approved by a viva voce vote.
The Minutes of the Regular Meeting of the City Council-November 25,2003-pace 3
BILLS FOR APPROVAL
A motion was made by Alderwoman Spears to approve the paying of the bills listed on the
Detailed Board Report dated November 21,2003 totaling the following amounts:checks in the
amount of$522,075.70(vendor);$128,088.66(payroll period ending 11/17/03)for a total of
$650,164.36;seconded by Alderman Munns.
Motion approved by a roll call vote. Ayes-7 Nays-0
Besco-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka-aye
REPORTS
MAYOR'S REPORT
Change of Packet Date
Mayor Prochaska reminded the Council that due to the Thanksgiving holiday,the packets for the
December 2,2003 Committee of the Whole meeting will distributed November 26,2003.
Swearing in of Police Officers
Mayor Prochaska,along with Chief of Police Harold Martin,Police Lieutenant Don
Schwartzkopf and Police Commissioner Robert Johnson,swore in Police Officer James R.
Presnak and Sergeant Terry A.Klingel. He welcomed Officer Presnak to the force and
congratulated Sergeant Klingel on his promotion.
Election to Illinois Board of Fire&Police Commissioner's
Mayor Prochaska presented Yorkville Police Commissioner Robert Johnson with a Certificate of
Recognition for having been elected to the Illinois Board of Fire and Police Commissioner's
Association Board of Directors. Mayor Prochaska congratulated Commissioner Johnson.
CorLand's Lease Agreement for Hoover
Mayor Prochaska reported that City Attorney Dan Kramer reviewed the lease agreement and
suggested that the Mayor sign the agreement subject to the closing of the property by CorLands.
The Forest Preserve District passed their portion of the lease earlier in the day.
Mayor Prochaska entertained a motion to approve the Lease Agreement between Corporation for
Open Lands(CorLands)as the contract purchaser for the Hoover Boy Scout Camp with the
United City of Yorkville and the Kendall County Forest Preserve District and to authorize the
Mayor to sign the agreement subject to the closing of the property. So moved by Alderman
Sticks;seconded by Alderman James.
Motion approved by a roll call vote. Ayes-7 Nays-0
Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,James-aye
Mayor Prochaska stated that he felt that this was a wonderful thing for the people of the United
City of Yorkville and Kendall County and stated that he was looking forward to working with the
Forest Preserve District. He felt that something historic has been done for the enjoyment of the
people of Kendall County. He expressed his appreciation for the input and attention that the City
Council and City staff has given to this project.
CorLand's Technical Assistance Agreement
Mayor Prochaska reported that this agreement is for CorLands administration costs for the
property.
Mayor Prochaska entertained a motion to approve the Technical Assistances Agreement between
Corporation for Open Lands(CorLands)and the United City of Yorkville to provide services
regarding the acquisition of the Hoover Boy Scout Camp with an amount not to exceed$5,000.00
and any additional expenses regarding professional services will be approved beforehand by the
City staff and Mayor with the City Attorney's legal recommendation. Furthermore to authorize
the Mayor and City Clerk to sign the agreement. So moved by Alderman Besco;seconded by
Alderwoman Spears.
Motion approved by a roll call vote. Ayes-7 Nays-0
Munns-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye,James-aye,Kot-aye
Damage to Property on Mill and Fox Street
Mayor Prochaska reported that he received a copy of a letter and photographs that were sent to
the Public Works Department from a citizen who was concerned with damages done to her
property on Mill Street and East Fox Street. The Mayor was concerned by the reaction she
received from the foreman of the contractor who caused the damages which left the person
feeling that the damages were not going to be repaired.Director of Public Works Eric Dhuse
stated that he shared the letter with City Engineer Joe Wywrot who in turn contacted Engineering
Enterprises,Inc.and the contractor who caused the damage. He stated that the resident has been
contacted and advised that her concrete driveway will be repaired in the spring. Mayor Prochaska
The Minutes of the Regular Meeting of the City Council-November 25,2003-page 4
asked Mr.Dhuse to stay in contact with the citizens to make sure the problem is solved
satisfactorily.
ATTORNEY'S REPORT
No report.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
Treasurer Powell reported that he attended a Treasurer Seminar in Champaign,Illinois. He stated
that the seminar covered such subjects as investment policies,motor fuel tax funds and municipal
finance and that he shared information from the seminar with Council members.
CITY ADMINISTATOR'S REPORT
Special Census
Administrator Graff reported that special census takers are currently out in Yorkville's
neighborhoods. The target completion date is December 15,2003. He stated the importance of
citizens participating in the census because every citizen counted represents funds for the City
from both the state and federal levels. He stated that the official census population was 6,189 but
could be revised to approximately 8,400. He stated that census workers will make three attempts
at each home at various times of the day in an effort to contact everyone. Workers are out
everyday except Sunday.
City Hall Renovation
Administrator Graff reported that a final punch list was done on the building. There are still some
concerns regarding things such as the heat in the Council Chamber. The architect will be
presenting a Close-Out Report at a future Committee of the Whole meeting and a budget close-
out is also needed.
FINANCE DIRECTOR'S REPORT
No report.
DIRECTOR OF PUBLIC WORKS REPORT
Director of Public Works Eric Dhuse reported that Aurora Blacktop began paving Mill Street this
week and will continue to do so through Saturday,November 29,2003.
CHIEF OF POLICE REPORT
No report
EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT
Executive Director Laura Brown reported that park staff has begun the holiday decorating. She
noted new decorations in Town Square Park and stated that the decorations should be completed
by next week.
COMMUNITY&LIAISON REPORT
Mayor Prochaska reported that he met with representatives of Illinois Department of
Transportation(IDOT)and their consultants to talk about the population projections that they
need for project. He had staff develop a population projection for the year 2030 and they
developed an estimate of 54,000 people. IDOT asked for further information concerning
population in mile sections so Mayor Prochaska asked Mr.Graff to formulate this. Mayor
Prochaska state that he will keep the Council updated as this proceeds.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
No report.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
Caledonia PUD Agreement
A motion was made by Alderman Sticka to approve the Proposed Planned Unit Development
Agreement between the United City of Yorkville and Inland Land Appreciation Fund,L.P.,A
Delaware Limited Partnership,Developer and Owner of Record for the Caledonia Subdivision
and to authorize the Mayor and City Clerk to sign the agreement subject to final legal staff
review;seconded by Alderman James.
The Minutes of the Regular Meeting of the City Council—November 25,2003-page 5
Alderwoman Ohare noted that the developer did not increase the lot sizes and she stated that she
understood that they didn't have to.
Alderman Sticka and Mayor Prochaska explained that depending on what is determined by the
Flood Plain Study,the developer can request changes to the PUD. Attorney Kramer stated that
the developer would have to go through the whole process to do this.
Motion approved by a roll call vote. Ayes-6 Nays-I
Ohare-nay,Spears-aye,Sticka-aye,Besco-aye,James-aye,Kot-aye,Munns-aye
(Ordinance)2003-72 Authorizing Execution of the Caledonia Agreement
A motion was made by Alderman Sticka to approve an amendment to the original annexation
agreement between the United City of Yorkville and Inland Land Appreciation Fund,L.P. A
Delaware Limited Partnership in reference to the residential zoning;seconded by Alderman
Munns.
Motion approved by a roll call vote. Ayes-7 Nays-1
Spears-aye,Sticka-aye,Besco-aye,James-aye,
Kot-aye,Munns-aye,Ohare-nay,Prochaska-aye
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
Grant for Lighting Upgrades at Beecher Building
A motion was made by Alderwoman Spears to approve the Illinois Clean Energy Grant
Agreement for the lighting upgrades for the Beecher Community Building and to authorize the
Mayor and City Clerk to sign the agreement;seconded by Alderman Sticka.
Mayor Prochaska noted that this grant that will allow the City to upgrade the lighting fixtures in
the Beecher Building to more efficient ones.
Motion approved by a roll call vote. Ayes-7 Nays-0
Spears-aye,Sticka-aye,Besco-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye
(Ordinance)2003-73 Alternate Revenue Bond for Countryside Interceptor
A motion was made by Alderwoman Spears to approve the Authorizing Ordinance for the
Issuance of$3.5 million Alternate Revenue Bonds for the sanitary sewerage project known as the
Countryside Interceptor and to authorize the Mayor and City Clerk to execute all documents,
along with publications;seconded by Alderman Sticka.
Alderwoman Spears noted that this ordinance places no official obligation to issue revenue bonds,
only a notice of intention.
Mayor Prochaska explained that this begins the process for the continuation of the Countryside
Interceptor which will service the commercial areas east of Route 47 along Route 34 and to points
east.
Motion approved by a roll call vote. Ayes-7 Nays-0
Sticka-aye,Besco-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye
EXECUTIVE SESSION
Mayor Prochaska announced that the Council would not be going into executive session.
ADDITIONAL BUSINESS
Expressions of Appreciation
Alderman Sticka thanked the Mayor for his efforts in starting the Hoover Boy Scout project and
his idea to form a partnership to obtain it. Alderman James thanked the staff for the time they put
into the effort. Mayor Prochaska especially thanked Administrator Graff,Executive Director
Brown and Jason Petit from the Forest Preserve District for their discussions with CorLands and
the Chicago Area Council of the Boy Scouts of America.
Grant Notification
Ms.Brown reported that a$100,000.00 grant that the City applied for in January of 2003 has
been awarded to the City and will be used to pay back CorLands for the Hydraulic Street
property. Mayor Prochaska thanked Representative Lindner for her efforts in obtaining the grant.
County Board Member
Mayor Prochaska recognized County Board Member John Purcell who was present in the
audience. Mr.Purcell complimented the renovated Council Chamber.
The Minutes of the Regular Meeting of the City Council—November 25,2003-page 6
There was no further additional business.
ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Besco;seconded by
Alderman James.
Motion approved by a viva voce vote.
Meeting adjourned at 7:53 P.M.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville,Illinois
CITY COUNCIL MEETING DRAFT
UNITED CITY OF YORKVILLE , ILLINOIS
REPORT OF PROCEEDINGS had at the meeting
of the above-entitled matter taken before
CHRISTINE M . VITOSH, C . S . R . , R . P . R . , on
November 25 , 2003 , at the hour of 7 : 00 p . m . , at
800 Game Farm Road, in the City of Yorkville ,
Illinois .
D-681803
DEPO • COURT
reporting service
800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630-983-0030 • Fax 630-983-6013
www.depocourt.com
2
1 PRESENT :
2 MR . ARTHUR F . PROCHASKA, Mayor;
3 MR . RICH STICKA, Alderman;
4 MR . PAUL JAMES , Alderman ;
5 MR . LARRY KOT, Alderman;
6 MR . MARTY MUNNS , Alderman;
7 MS . WANDA OHARE , Alderwoman ;
8 MR . JOE BESCO, Alderman;
9 MS . ROSE ANN SPEARS , Alderwoman ;
10 MR . BILL POWELL, City Treasurer;
11 MS . JACKIE MILSCHEWSKI , City Clerk .
12
13
14 APPEARANCES :
15 LAW OFFICES OF DANIEL J . KRAMER
1107A Bridge Street
16 Yorkville , Illinois 60560
BY : MR . DANIEL J . KRAMER,
17 appeared on behalf of the United
City of Yorkville , Illinois .
18
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Depo Court Reporting Service ( 630 ) 983-0030
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1 ( Pledge of
2 Allegiance )
3 MAYOR PROCHASKA : Moving on to
4 public hearings . First this evening , we do have
5 a public hearing .
6 I would entertain a motion to
7 go into public hearing for the purpose of
8 discussing the Raintree Village , L . L . C . ' s request
9 for an amendment to annexation and PUD
10 development unit development agreement to add a
11 clubhouse facility to the Raintree Village
12 Subdivision located on Route 71 between Route 47
13 to the west and Route 126 to the east .
14 MR . KOT : So moved .
15 MR . BESCO : Seconded .
16 MAYOR PROCHASKA : Moved and
17 seconded . May I have roll call , please ?
18 MS . MILSCHEWSKI : Besco .
19 MR . BESCO : Aye .
20 MS . MILSCHEWSKI : James ?
21 MR . JAMES : Aye .
22 MS . MILSCHEWSKI : Kot ?
23 MR . KOT : Aye .
24 MS . MILSCHEWSKI : Munns ?
Depo Court Reporting Service ( 630 ) 983- 0030
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1 MR . MUNNS : Aye .
2 MS . MILSCHEWSKI : Ohare?
3 MS . OHARE : Aye .
4 MS . MILSCHEWSKI : Spears?
5 MS . SPEARS : Aye .
6 MS . MILSCHEWSKI : Sticka?
7 MR . STICKA : Aye .
8 MAYOR PROCHASKA : The motion is
9 carried . We are now in public hearing . I would
10 ask at this time is there someone here
11 representing the requestant ? Would you like to
12 give us a little bit on what you are requesting?
13 MR . COLLINS : Sure .
14 MAYOR PROCHASKA : May I have your
15 name?
16 MR . COLLINS : My name is Greg
17 Collins with Concord Homes , 1540 East Dundee
18 Road, Palatine, Illinois , 60504 . If I could
19 utilize this easel .
20 WHEREUPON :
21 GREG COLLINS ,
22 testified before the City Council as follows :
23 MR . COLLINS : The request that we
24 have is to utilize a part of a community known as
Depo Court Reporting Service ( 630 ) 983-0030
5
1 Raintree Village for our clubhouse facility .
2 The reason why we need to amend
3 the PUD is that under the original agreement what
4 was contemplated for this particular land that we
5 planned to utilize was for park space .
6 What we have done is we have
7 taken necessary steps for the park board to
8 ensure that they were on board with this . They
9 did show support for the concept .
10 What it really means is that
11 the overall land being dedicated as part of this
12 community, we would ask that 1 . 81 acres of that
13 land be utilized for our private use .
14 The balance of that land would
15 have been dedicated -- the 1 . 81 acres , that is --
16 that would have been dedicated land would be
17 dedicated as cash , which they found acceptable .
18 The other recommendation of the
19 park board was that there be a prepayment of the
20 required fee for the community, which we agreed
21 to do, which amounts to about $320 , 000 , obviously
22 with the hopes that those moneys be put back into
23 this community to build some nice park
24 facilities .
Depo Court Reporting Service ( 630 ) 983 -0030
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1 But to show you what the
2 concept is , I will pull out a black and white
3 plan, if you remember, this was the Highland
4 Subdivision originally annexed and approved by
5 Rich Gerrard with Deerpoint Homes . We have
6 subsequently purchased the community .
7 MAYOR PROCHASKA : Will you also let
8 the audience see that?
9 MR . COLLINS : Sure . We have
10 subsequently purchased the community from him,
11 obviously in phases .
12 The area in question is right
13 here , this park space , of around I believe it ' s
14 four or so acres at the terminus of the front
15 entry road .
16 That ' s where we decided, in
17 taking a look at this project , knowing it ' s a
18 project of this size and what the buyer ' s
19 expectations are going to be , especially in
20 Yorkville , was to introduce a clubhouse facility
21 for the residents of the community .
22 It ' s around 3 , 100 square feet .
23 This is what your building would look like . This
24 is the front elevation from the street , this is
Depo Court Reporting Service ( 630 ) 983-0030
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1 the rear elevation from the rear .
2 We will incorporate a stylistic
3 design, and obviously there is a lot of the
4 architecture that you find with our homes , so
5 that it ' s not -- you know, it ' s got shingles ,
6 it ' s got brick and siding features , gables ,
7 dormers , a lot of the elements that you will see
8 on our homes as well .
9 The layout -- I ' ll show
10 everybody here . The layout , again , at this
11 terminus of the main entry road, this would be
12 the connection to Route 71 as you come into the
13 site , you get a nice look straight into the
14 clubhouse facility and you have parking available
15 on both sides .
16 There is a pool , eating area ,
17 zero depth pool for small children . As part of
18 the pool features in the rear of the building ,
19 inside we incorporate locker rooms for both men
20 and women , there is a great room, there is a
21 fitness center, there is a library, and a small
22 parlor there , so it ' s -- what we wanted to do is
23 kind of create a highly amenitized community
24 here , and one of the first steps is obviously to
Depo Court Reporting Service ( 630 ) 983-0030
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1 incorporate a clubhouse , which was not originally
2 contemplated, so that was our request .
3 Again, as I said, the park
4 board did support it and we had kind of --
5 sitting down with Laura and their planner, we did
6 talk about some of the -- you know, making sure
7 to incorporate this trail appropriately, so we
8 relocated, we did some things to the actual plan
9 itself, switching some parking spaces over from
10 here to there , and I think we came up with a plan
11 that the park board was happy to see .
12 MAYOR PROCHASKA : Do you have any
13 comments , update on the procedure?
14 MR . KRAMER : Again, whenever you
15 amend a PUD in any substantial manner , it
16 requires a public hearing .
17 Here we actually looked at this
18 as being more a technical one and more
19 protective .
20 Frankly, the park board can
21 always recommend to take cash instead of land, so
22 it ' s just sort of a protective matter that we
23 have a public hearing .
24 MAYOR PROCHASKA : At this time I
Depo Court Reporting Service ( 630 ) 983-0030
9
1 would open the floor to anyone that would like to
2 give testimony on this public hearing for the
3 City Council .
4 (No response )
5 MAYOR PROCHASKA : Anyone who would
6 like to approach the Council ?
7 (No response )
8 MAYOR PROCHASKA : Hearing none , is
9 there any comment from the Council at this time
10 to be recorded as part of the public hearing?
11 MR . STICKA : Alderman Besco noticed
12 that the building was called a swim and tennis
13 club and I didn ' t notice a tennis court .
14 MR . COLLINS : Tennis club?
15 MR . STICKA : That ' s what it says on
16 here .
17 MR . COLLINS : I ' m sorry . That
18 shouldn ' t say tennis club . You know, originally
19 we had a plan that did .
20 What we had talked about was
21 incorporating tennis facilities and a sand
22 volleyball , actually on more acres than you see
23 right there , and what we agreed with the Park
24 District -- because they were ultimately going to
Depo Court Reporting Service ( 630 ) 983-0030
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1 be doing improvements in this area on a larger
2 park facility as well in a southerly direction
3 from this park facility in the plan .
4 We took some of those elements
5 off , so I apologize for the confusion .
6 MR . STICKA : That ' s fine . I just --
7 It said tennis club , I thought maybe there should
8 be some tennis there .
9 MAYOR PROCHASKA : Okay . Any other
10 comment ?
11 (No response )
12 MAYOR PROCHASKA : Hearing none , I
13 would entertain a motion to close the public
14 hearing .
15 MS . SPEARS : So moved .
16 MS . OHARE : Seconded .
17 MAYOR PROCHASKA : Moved and
18 seconded . May I have roll call , please?
19 MS . MILSCHEWSKI : James ?
20 MR . JAMES : Aye .
21 MS . MILSCHEWSKI : Kot?
22 MR . KOT : Aye .
23 MS . MILSCHEWSKI : Munns ?
24 MR . MUNNS : Aye .
Depo Court Reporting Service ( 630 ) 983-0030
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1 MS . MILSCHEWSKI : Ohare?
2 MS . OHARE : Aye .
3 MS . MILSCHEWSKI : Spears ?
4 MS . SPEARS : Aye .
5 MS . MILSCHEWSKI : Sticka?
6 MR . STICKA : Aye .
7 MS . MILSCHEWSKI : Besco?
8 MR . BESCO : Aye .
9 MAYOR PROCHASKA : Motion is carried .
10 The public hearing is closed .
11 (Which were all the
12 proceedings reported
13 on the date and time
14 aforementioned . )
15 ---000---
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1 STATE OF ILLINOIS )
ss :
2 COUNTY OF LASALLE )
3
4 CHRISTINE M . VITOSH , being first duly
5 sworn, on oath says that she is a Certified
6 Shorthand Reporter and Registered Professional
7 Reporter doing business in the State of Illinois ;
8 That she reported in shorthand the
9 proceedings had at the foregoing meeting;
10 And that the foregoing is a true and
11 correct transcript of her shorthand notes so
12 taken as aforesaid and contains all the
13 proceedings had at the said meeting .
14 IN WITNESS WHEREOF I have` hereunto set
15 my hand :this , day of �?e11v� e '
16 2003 .
17
18
19ir 7_71
-6`r t
20
CHRISTINE M . VITOSH,
C . S . R. �''��
21 CSR License No . 084 -002883
22
23
24
Depo Court Reporting Service ( 630 ) 983-0030
United City of Yorkville Multi-Page"` $320,000 - necessary
November 25, 2003
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Depo Court Reporting Index Page 1
Naperville, Illinois (630) 983-0030
United City of Yorkville Multi-Page`` need - zero
November 25, 2003
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protective[2] 8:19,22 site[1] 7:13 Village[3] 3:8,11 5:1
public[10] 3:4,5,7 4:9 sitting[i] 8:5 VITOSH[3] 1:8 12:4,20
8:16,23 9:2,10 10:13 size[i) 6:18 volleyball[i) 9:22
11:10
PUD[3) 3:9 5:3 8:15 small[2] 7:17,21
someone[i) 4:10 -w-
Depo Court Reporting Index Page 2
Naperville, Illinois (630) 983-0030
MINUTES OF ME REGULAR MEETING OF THE CITY COUNCIL OF
HELD IN HE CITYTHE UNITED CITYOF COUNCRIL CKVILHAMBERS,800 GAME FARMLINE,ICENDALL COUNTY, OIDRAFT
IS
ON MONDAY,DECEMBER 9,2003.
Mayor Prochaska called the meeting to order at 7:02 P.M and led the Council in the Pledge of
Allegiance.
ROLL CALL
Clerk Milschewski called the roll.
Ward I James Present
Sticka Present
Ward II Burd Absent
Kot Present
Ward III Munns Present
Ohare Present
Ward IV Besco Present
Spears Present
Also present: City Clerk Milschewski,City Treasurer William Powell,City Administrator Graff,
City Attorney Kelly Kramer,Police Chief Martin,Director of Public Works Dhuse,Executive
Director of Parks&Recreation Laura Brown and Finance Director Traci Pleckham
QUORUM
A quorum was established.
INTRODUCTION OF GUESTS
Mayor Prochaska welcomed guests and asked those present to enter their name on the attendance
sheet provided.
AMENDMENTS TO THE AGENDA
None.
COMMITTEE MEETING DATES
Public Works Committee 7:00 P.M.,Monday,December 22,2003
City of Yorkville Conference Room
800 Game Farm Road
Economic Development Committee 7:00 P.M.,Thursday,December 18,2003
City of Yorkville Conference Room
800 Game Farm Road
Administration Committee 7:00 P.M.,Thursday,December 11,2003
City of Yorkville Conference Room
800 Game Farm Road
Public Safety Committee 6:30 P.M.,Wednesday,December 17,2003
Police Department Conference Room
800 Game Farm Road
Ad Hoc Technology Committee 5:30 P.M.,Wednesday,December 17,2003
City of Yorkville Conference Room
800 Game Farm Road
Ad Hoc Tourism Committee 6:30 P.M.,Monday,January 12,2004
City of Yorkville Conference Room
800 Game Farm Road
PUBLIC HEARINGS
LaBerge and Maxwell Annexations
Mayor Prochaska entertained a motion to go into public hearing for Richard and Valerie
LaBerge's request to annex to the United City of Yorkville and rezone from Kendall County A-I
Agricultural to United City of Yorkville B-3 Service Business District and for hearing as to the
Annexation Agreement of Petitioner. The real property consists of approximately 3 acres at
11925 Route 34,Bristol Township,Kendall County,Illinois and to discuss Gary and Lelalu
Maxwell's request to annex to the United City of Yorkville and rezone from Kendall County A-1
Agricultural Special Use to United City of Yorkville B-3 Service Business District and for
hearing as to the Annexation Agreement of Petitioner. The real property consists of
The Minutes of the Regular Meeting of the City Council—December 9,2003-page 2
approximately 6.21 acres at 8710 Route 71,Kendall Township,Kendall County,Illinois. So
moved by Alderman Sticka;seconded by Alderman Munns.
Motion approved by a roll call vote. Ayes-7 Nays-0
Besco-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka-aye
Please see attached Report of Proceedings taken before Nicola Gengler,C.S.R.from Depo Court
Reporting Service for the transcription of the public hearing.
Mayor Prochaska entertained a motion to close the public hearing.So moved by Alderman
Sticka;seconded by Alderwoman Spears.
Motion approved by a roll call vote. Ayes-7 Nays-0
James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye
Athletic Field Reservation Policy
Mayor Prochaska explained that technically this is not a public hearing but rather an
informational hearing. He asked if anyone present had any questions or comments regarding the
policy. There were none.
Executive Director of Parks&Recreation Laura Brown explained to the Council that the policy
has been approved by the Park Board with input from Youth Baseball. The policy was then
presented to the Council at a Committee of the Whole(COW)meeting and now was being
presented for public input. Ms.Brown explained that the policy has been established to provide a
method by which athletic fields may be used by the residents of the community. It provides
rental categories,procedures for athletic field priorities,requests for field reservations and fees.
Alderwoman Spears asked if the copy that the Council received tonight was the same as the one
they received at the COW meeting and Ms.Brown explained that it was the same.
Alderman Munns asked what the reservation funds earmarked for. Ms.Brown explained that the
fees will go into the Park&Recreation General Revenue Fund and will be used for field
maintenance.
Alderman James asked if this was a brand new policy or if there was any similar policy in the
past. Ms.Brown stated that there was no policy in the past and this is new.
There were no further comments.
2003 Tax Levy
Mayor Prochaska entertained a motion to go into public hearing for discussion of the 2003 Tax
Levy. So moved by Alderman Kot;seconded by Alderwoman Spears.
Motion approved by a roll call vote. Ayes-7 Nays-0
Besco-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticks-aye
Mayor Prochaska explained that Finance Director Traci Pleckham provided handouts(see
attached)outlining the levy to the Council. The first bar chart(pink and blue)indicates the tax
rate that the City has had over the last five years and the second chart indicates the actual dollars
that have been received. Mayor Prochaska explained that the community is seeing the tax rate
drop at the same time that the total dollars have increased due to the increased Equalized
Assessed Values(EAV)from new development. The total tax levy request amount is
$1,598,089.00 or a tax rate of.7774/$100.00 of EAV. The City portion of the levy,which
includes the corporate rate,IMRF,police pension,police,garbage,etc.is$1,289,736.00. The
Library portion of the levy is$308,353.00.
Mrs.Pleckham added that due to new information being received the amount that can be levied
for police pension should be corrected to$207,000.00 however this will not change the tax rate as
the corporate rate will be adjusted;the bottom line will not change. Attorney Kramer stated that
the new figure was based on the state's actuarial study.
Mayor Prochaska opened the floor for public comment. There was none.
Mayor Prochaska opened the floor for comments from the Council.
Alderman Sticks commented that he was pleased with the tax levy especially since the state has
significantly reduced funding to municipalities.
The Minutes of the Regular Meeting of the City Council-December 9,2003-pane 3
Alderman Kot stated that it was encouraging to look over the last six years and see a downward
trend for the tax levy.
There was no further comment.
Mayor Prochaska entertained a motion to close the public hearing.So moved by Alderman
Sticks;seconded by Alderman Munns.
Motion approved by a roll call vote. Ayes-7 Nays-0
James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye
CITIZEN COMMENTS
Lana Fiala addressed the Council with her concern regarding the removal of trees by developers.
She cited a specific instance which occurred in the Rain Tree development where trees were
removed from the area between the Rain Tree and Country Hills developments. She asked the
Council to develop regulations which would protect existing trees. Ms.Fiala's other concern was
through streets going from one development to another. She stated that homeowners in the
Country Hills subdivision are concerned with the speed of traffic that will be going past the new
park in their area. She suggested that traffic calming options be considered on Country Hills
Drive once it connects to the Rain Tree development.
Alderman Sticka stated that he felt that the removal of trees should be addressed in the
Subdivision Control Ordinance. Mayor Prochaska agreed that a tree inventory requirement
should be added to the ordinance.
PRESENTATIONS
None.
CONSENT AGENDA
1. Internship Manual
2. IDNR Grant of$100,000.00 for West Hydraulic Riverfront Greenway-authorize the
Mayor execute grant agreement for the acquisition
3. Building Permit Report for September 2003
4. Well#7 and Treatment Facility—award contract to Poulos Construction Company in
an amount not to exceed S1,655,000.00 and authorize the Mayor to execute Contract
C.7
5. Fox Mill Landing Utility Easements and Final Acceptance—authorize the recording
of easement and accept the maintenance of the public utilities
6. Dickson Court Roadway Improvement Change Order—approve the reduction of
$1,806.68 and authorize the City Engineer to execute
7. Raintree Village Unit 1 Bond Reduction-approve the reduction of$689,483.17
8. Savitski Property Letter of Credit—authorize the recording of the extension of the
time for the Letter of Credit
9. Resolution 2003-43—Approving Kylyn's Ridge Phase 2 Final Plat
10.Resolution 2003-44—Approving Raintree Village Units 2&3 Final Plat
11. October 2003 Police Reports
12. Chamber of Commerce Premier Membership
Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved
by Aide,,wan Sticka;seconded by Alderman Sticka.
Motion approved by a roll call vote. Ayes-7 Nays-0
James-aye,Kot-aye,Munns-aye,Spears-aye,Sticka-aye,Ohare-aye,Besco-aye
PLANNING COMMISSION/ZONING BOARD OF APPEAL
No report.
MINUTES FOR APPROVAL
A motion was made by Alderwoman Spears to approve the minutes of the City Council meeting
from November 10,2003;seconded by Alderman Besco.
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
Detailed Board Report dated December 5,2003 totaling the following amounts:checks in the
The Minutes of the Regular Meeting of the City Council-December 9,2003-page 4
amount of$702,315.32(vendor);$130,245.46(payroll period ending 12/5/03)for a total of
$832,560.78;seconded by Alderwoman Ohare.
Motion approved by a roll call vote. Ayes-7 Nays-0
Besco-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka-aye
REPORTS
MAYOR'S REPORT
Collection for Kendall County Health and Human Services
Mayor Prochaska reported that City employees have spearheaded a hat and mitten collection for
needy families and he encouraged the elected officials to participate. Items will be collected at a
holiday luncheon at City Hall on December 19,2003. Alderman Kot noted that the Yorkville
schools are also having a similar drive and there is also a clothing drive in town for coats,hats,
gloves,etc.which will be donated to needy kids enrolled in the Yorkville School District. He
expressed his support for these drives.
Purchase of Gilbert Park
Mayor Prochaska reported that the City would be obtaining property for the proposed Gilbert
Park for$40,000.00. Attorney Kelly Kramer explained that an ordinance needed to be passed
approving the purchase and authorizing the City Attorney to prepare the documents needed to
complete the transaction. She stated that a two thirds majority vote was needed to approve the
purchase.
(Ordinance)2003-74 Approving Purchase of Municipal Property
Gilbert Park
Mayor Prochaska entertained a motion to approve an ordinance to purchase property from Dan
and Jan Gilbert for a public park in the amount of$40,000.00 and to authorize the Mayor,City
Clerk and City Attorney to execute all documents. So moved by Alderman Kot;seconded by
Alderwoman Ohare.
Alderman Kot expressed his support for the purchase of the property. He and Mayor Prochaska
noted that research was still being done as to what type of park it will be used for.
Alderman Munns asked what the time frame for the park was. Mayor Prochaska stated that a
meeting was held and several residents from the area attended and shared use ideas. He stated
that Executive Director of Parks&Recreation Laura Brown and staff were developing a few
options for the park and when this is done they will have another meeting to present them to the
neighborhood.Alderman Munns stated that he would not like to see the property sit vacant all
spring and summer waiting to be developed.
Motion approved by a roll call vote. Ayes-7 Nays-0
Sticka-aye,Besco-aye,James-aye,Kot-aye,Ohare-aye,Munns-aye,Spears-aye
Christmas Activities
Mayor Prochaska reported that on Friday,December 12,2003 the downtown Christmas walk and
tree lighting. The tree will be lit at 6:00 P.M.and Santa will be at Freeman's Sports.There will
also be a trolley taking people to businesses on the south side of town. On Saturday,December
13,2003 the Countryside Center will be having their Christmas activities. He encouraged
everyone to participate.
Post Office Update
Mayor Prochaska reported that the Post Office held a meeting to discuss expansion of the facility.
Expansion of the existing site and locating to a new site was discussed. Local residents expressed
their concern that the post office remain south of the Fox River. The Postal Service indicated that
they have created an area bounded by Route 126(south),Cannonball Trail(north),Mill Street
(east)and Morgan Streets(west)for the possible location of the Post Office. Citizens have
fifteen days from the meeting to respond to the Postal Service with their ideas and/or suggestions
for the expansion. After this time,they will conclude if they will expand the current site or
relocate. Mayor Prochaska also noted that there were property owners at the meeting inquiring
about how to go about having the Postal Service consider their property as a site. The Postal
Service stated that they are looking for approximately five-acres of land because they are looking
at having a regional facility for letter carrier service for Sugar Grove,Oswego,and Yorkville.
The other cities will still have their own local Post Offices.
ATTORNEY'S REPORT
No report.
AMMINIME
The Minutes of the Regular Meeting of the City Council—December 9,2003-page 5
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
No report.
CITY ADMINISTATOR'S REPORT
Special Census
Administrator Graff reported that the Special Census was moving forward with the estimated
completion date of December 17,2003. He stated that residents should mail in their surveys as
soon as possible in order to be counted. He noted that the return rate has been very good. He
stated that on December 17,2003 the census workers will be picking up their pay checks and the
City is providing a lunch for the workers. He invited the Council to attend. Alderwoman Ohare
commented that she had been out of town when the census workers had stopped by so she
telephoned the census people. She stated that it was a very fast process and the census worker
was very polite and pleasant. Director of Public Works Eric Dhuse asked if the whole city had
been covered yet and Mr.Graff stated that there were still a few areas of new homes to be
covered. He explained that it took longer for these areas to be covered because new
documentation has to be completed for theses homes. These areas should be finished by
December 15,2003.
Black Top
Mr.Graff reported that Aurora Blacktop's plant is still open so developers who are ready for
blacktop may still be able to get it. Because of the weather,anyone laying new blacktop will
need to get permission from City Engineer Joe Wywrot.
City Hall Renovation Update
Mr.Graff stated that the painting contractor has refinished the City Hall conference room table
and repainted the room. There are still some things that need to be resolved from the punch list
and this should be done in the next two to three weeks. The architect will submit a closing report
on the project which will include budget information.
FINANCE DIRECTOR'S REPORT
No report.
DIRECTOR OF PUBLIC WORKS REPORT
Mill and Van Emmon Streets
Director of Public Works Eric Dhuse reported that the paving of Mill and Van Emmons Streets
should have been completed today. If it wasn't,it will be finished by tomorrow. He noted that he
was working with City Engineer Joe Wywrot and Engineering Enterprises,Inc.(EEI)in an effort
to keep the restoration moving along as smoothly as possible. Alderman James commented that
if the paving was finished on Mill Street,it is a terrible job. He noted there is a two-inch gap
between the old and new pavements. Mr.Dhuse stated that they probably did not finish yet.
Liberty Street
Mr.Dhuse reported that EEI did a punch list and there were only a few small items or spring
landscape items that needed to be completed.
Snow Parking Ban
Mr.Dhuse reported that the snow parking ban was now in effect:after two inches of snowfall,
parking is banned on city streets until twenty-four hours after the snow fall.
Fox Hill Streets
Alderman Munns stated that it had been discussed to do some work on the Fox Hill subdivision
streets in an effort to preserve them. He asked Mr.Dhuse if this has been pursued further. Mr.
Dhuse stated that there is a list complied by City Engineer Wywrot of streets to be sealed next
year. He stated that Alderman Munns should get any streets he is concerned with on the list.
CHIEF OF POLICE REPORT
No report.
EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT
No report.
COMMUNITY&LIAISON REPORT
Senior Service Providers
Alderwoman Spears reported that she attended two Senior Service Providers meetings where they
discussed their Care Giver Program,Speaker's Bureau,an intern program with the University of
Illinois and educating professionals in the area with regards to the forms seniors need to have
filled out for the program.
University of Illinois Extension
Alderwoman Spears reported that she attended a kick-off meeting with the University of Illinois
Extension regarding the Senior Scholars Program. A representative from the University in
The Minutes of the Regular Meeting of the City Council—December 9,2003-page 6
Champaign was present to further discuss the program which will consist of approximately seven
senior advisory council members and will provide more services for seniors. They are currently
looking to recruit individual's to be on the council which will meet quarterly. All programs,the
majority of which will be free,will be held at the University of Illinois Extension building on
Route 47. Possible program ideas are gardening,yoga,as well as safety programs such as those
on consumer fraud,identity theft and self defense. Treasurer Powell commented that he attended
a very good presentation on identity theft and the presenter might be available to speak to the
seniors.
Yorkville-Bristol Sanitary District Meeting
Administrator Graff reported that he attended the YBSD meeting on December 8,2003 where
numerous projects were discussed. He stated that developers have turned over funds for the River
Crossing and Hydraulic Street Projects. The Hydraulic Project will probably begin in spring and
the YBSD has asked the city to help with public relations with the businesses affected by the
project and with traffic coordination. The project should take place during normal business hours
and is proposed to last approximately ninety days. Billing for the YBSD fee was discussed and
they indicated that they would like to have a joint meeting with the City Council to further
discuss this.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
(Ordinance)2003-75 Increasing Municipal Water Fees
A motion was made by Alderman Besco to approve an ordinance increasing municipal water
connection fees.
Mayor Prochaska questioned if an effective date should be included in the motion or ordinance
and Attorney Kramer stated that an effective date was discussed at the Committee of the Whole
meeting. Alderwoman Spears noted that the effective dates discussed were July 1,2004 for
businesses and May 1,2004 for residences. Attorney Kramer stated that she would amend the
ordinance to reflect these dates.
Treasurer Powell commented that the name of the ordinance probably should reflect that this is
for water connection fees and that on page two,number 2 the would affective should be corrected
to effective.
A motion was made by Alderman Besco to approve an ordinance increasing municipal water
connection fees as amended;seconded by Alderman Kot.
Alderman Sticka noted that the ordinance references an"Exhibit A"however this was not
attached to the ordinance.Attorney Kramer noted that the exhibit was one prepared by
Engineering Enterprises,Inc.(EEI)and was attached to the ordinance when it was discussed at a
COW meeting. EEI will be providing a clean copy of the exhibit which gives the justification for
the raising of the fees to be attached to the ordinance. Mayor Prochaska suggested tabling the
ordinance however Alderman Kot showed the exhibit from the COW meeting to Alderman Sticka
and indicated that there was a very thorough discussion of it. Attorney Kramer further explained
to Alderman Sticks how the fee will be negotiated. Alderman Sticks indicated to proceed with
the motion and not table it.
Motion approved by a roll call vote. Ayes-7 Nays-0
Besco-aye,James-aye,Kot-aye,Ohare-aye,Munns-aye,Spears-aye,Sticks-aye
ECONOMIC DEVELOPMENT COMMITTEE REPORT
No report.
PUBLIC SAFETY COMMITTEE REPORT
Vehicle Purchase
A motion was made by Alderman Kot to approve the purchase of a 2004 Ford Expedition from
Terry's Ford-Lincoln Mercury Peotone,Illinois for the amount of$25,551.00 contingent on
receiving confirmation of development fee funds from MPI;seconded by Alderman Sticks.
Alderman Kot clarified that an Expedition was being purchased rather than another squad car
because the Police Department felt a more versatile vehicle would be better to use with all the
new development in the area.
Mayor Prochaska noted that this was the second lowest bid received for the vehicle. The lowest
bid was received from a dealer in Springfield with a difference of$300.00. However,the vehicle
The Minutes of the Regular Meeting of the City Council—December 9,2003-page 7
from Terry's Ford is ready for immediate delivery whereas the one from the Springfield dealer
will not be ready for four months. Another consideration was that cost involved with sending two
officers to Springfield to pick it up.
Administrator Graff noted that there are no state purchase vehicles at this time.
Alderwoman Spears requested the Council get copies of the bids for review in the future.
Mayor Prochaska noted that a supermajority vote was needed on the motion.
Motion approved by a roll call vote. Ayes-7 Nays-0
James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye
ADMINISTRATION COMMITTEE REPORT
Proposal for the Brownfield's Redevelopment Grant Application
A motion was made by Alderwoman Spears to approve Civil and Environmental Consultants,
Inc.'s proposal to prepare a Municipal Brownfield Redevelopment Grant Application for
completing environmental services for the United City of Yorkville and authorize the Mayor to
sign the agreement upon legal review by the City Attorney;seconded by Alderman Besco.
Administrator Graff noted that there were revised terms and conditions however the agreement is
the same. The City Attorney will be reviewing the revisions before the Mayor signs the
agreement.
Motion approved by a roll call vote. Ayes-7 Nays-0
James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Sticka-aye,Besco-aye
ADDITIONAL BUSINESS
Records Disposal
Administrator Graff reported that City Clerk Milschewski oversaw the destruction of the records
in the storage units after receiving approval from the Secretary of State to do so. Clerk
Milschewski observed the whole operation which was preformed by a certified shredding
company. The unit is now empty of files however there is still some furniture in it. After the
special census,the disposal of excess property will be investigated. Clerk Milschewski explained
that the state will be re-inventorying the City's records so there may be more to be destroyed at a
later date.
Chamber of Commerce
Alderwoman Spears reported that Nancy Newport from the Chamber of Commerce contacted her
earlier in the day indicating that she was unable to attend tonight's meeting.She asked
Alderwoman Spears to express her thanks to the Council for supporting the Chamber and local
businesses by voting for the Premier Membership on the Consent Agenda.
Item for Administration Committee Agenda
Treasurer Powell inquired if an item could be added to the Administration Committee meeting
agenda regarding investment policies. Mayor Prochaska indicated that it could be added under
additional business.
Relay for Life
Mayor Prochaska reported that Yorkville has been chosen to host the Relay for Life in June 2004.
They will need to use the football field/track area and property around City Hall. The group
raises both dollars and awareness for cancer. He asked the Council to work with him to
encourage the event in Yorkville.
EXECUTIVE SESSION
Mayor Prochaska entertained a motion to go into executive session to discuss:
1. The purchase or lease of real property for the use of the public body
2. For the appointment,employment,compensation,discipline,performance,or dismissal
of specific employees
He asked that the City Clerk,City Treasurer,City Administrator and City Attorney be included in
the session. He also noted that there would not be any action taken after the session. So moved
by Alderman Besco;seconded by Alderwoman Ohare.
Motion approved by a roll call vote. Ayes-7 Nays-0
Ohare-aye,Besco-aye,James-aye,Kot-aye,Munns-aye,Spears-aye,Sticka-aye
The regular session broke at 8:13 P.M.The Council took a seven minute break.
The City Council returned to regular session at 9:30 P.M
The Minutes of the Regular Meeting of the City Council—December 9,2003-page 8
There was no further action taken.
ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn. So moved by Alderman James;seconded by
Alderwoman Spears.
Motion approved by a viva voce vote.
Meeting adjourned at 9:31 P.M.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville,Illinois
STATE OF ILLINOIS )
SS :
COUNTY OF KENDALL )
BEFORE THE YORKVILLE CITY COUNCIL
PUBLIC HEARING
PC2003 - 15
and
PC2003 - 16
REPORT OF PROCEEDINGS had and testimony
taken at the hearing of the above-entitled matter,
taken before Nicola Gengler, C . S . R. , No . 84- 3780 , on
December 9 , 2003 , at the hour of 7 : 00 p . m. , at 800 Game
Farm Road, Yorkville , Illinois .
D-683603
t
(:: Nk
DEP® • COURT
reporting service
800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630-983-0030 • Fax 630-983-6013
www.depocourt.com
2 3
1 PRESENT: 1 (Pledge of Allegiance.)
2 MAYOR ARTHUR F. PROCHASKA; 2 (Proceedings were then had
3 MR. WILLIAM POWELL, City Treasurer; 3 which are not herein
4 MR. ANTON GRAFF, City Administrator; 4 transcribed.)
5 MS. JACKIE MILSCHEWSKI, City Clerk; 5 MAYOR PROCHASKA: Motion is carried. The
6 MR. JOSEPH BESCO, Alderman; 6 first we will talk about will be the annexation of --
7 MR. LARRY ROT, Alderman; 7 the request for annexation of the LaBerge property.
B MS. WANDA OHARE, Alderwoman;
8 Kelly, do you need to --
9 MR. RICHARD STICKA, Alderman; 9 MS. KRAMER: Yes. This originally went to
10 MS. ROSE SPEARS, Alderwrran; 10 public hearing in front of the Plan Commission on --
11 and 11 the public hearing was actually had on 11/12/03.
12 LAW OFFICES OF DANIEL J. KRAMER 12 There was a positive recommendation
1107A South Bridge Street
13 Yorkville, Illinois 60560 13 as to both the annexation and the rezoning. The
BY: MS. KELLY KRAMER,
14 appeared on behalf of The United City of 14 rezoning does comply with the Comprehensive Plan of the
Yorkville.
15 15 City, and so there are no plans currently for any site
16 16 development, but whoever uses the property or if the
17 17 petitioner himself decides to create a use within the
18 18 B-3 district, then they will have to come back with a
19 19 site plan approval through the City and meet all the
20 20 City's codes.
21 21 MAYOR PROCHASKA: I see the petitioner is
22 22 here, Mr. LaBerge; and so at this point, I would ask is
23 23 there any questions from the floor, comments, testimony
24 24 to be taken on this public hearing?
DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030
4 5
1 (No response.) 1 MAYOR PROCHASKA: I'd ask at this time if
2 MAYOR PROCHASKA: Hearing none, 2 there is anyone that would like to give testimony, have
3 Mr. Iaaerge, did you have anything that you wanted to 3 comments or questions on this issue?
4 say to the Council other than what you already have? 4 (No response.)
5 MR. LA BERGE: No, sir. 5 MAYOR PROCHASKA: Hearing none, did the
6 MAYOR PROCHASKA: Is there any comments 6 petitioners have anything they wanted to add at this
7 from the City Council? 7 point in time?
8 (No response.) 8 MR. MAXWELL: No.
9 MAYOR PROCHASKA: Okay. So we are going to 9 MAYOR PROCHASKA: Is there anything from
10 move on to the next item which is the Gary and Lelalu 10 the Council?
11 Maxwell's request to annex down on Route 71, 8710 11 (No response.)
12 Route 71. This is just east of Wayne Road on Route 71. 12 MAYOR PROCHASKA: Okay. Then I would
13 MS. KRAMER: Again, at the Plan Commission, 13 entertain a motion to close this public hearing.
14 there was a public hearing before the Plan Commission 14 MR. STICKA: So moved.
15 on 11/12/03. 15 MS. SPEARS: Second.
16 There was a positive recommendation 16 MAYOR PROCHASKA: Moved and seconded.
17 as to the annexation of the property to the City and 17 Roll call, please.
18 then there was also a positive recommendation in front 18 MS. MILSCHEWSKI: James?
19 of the Plan Commission for the rezoning from A-1, 19 MR. JAMES: Aye.
20 Kendall County Zoning to City B-3. 20 MS. MILSCHEWSKI: Kot?
21 There currently is a business 21 MR. KOT: Aye.
22 located on the premises. It is KGS, somewhat of a feed 22 MS. MILSCHEWSKI: Munns?
23 store, nursery, type business. Petitioners are here 23 MR. MUNNS: Aye.
24 present. It does meet the City's Comprehensive Plan. 24 MS. MILSCHEWSKI: Ohare?
DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030
6 7
1 MS. OHARE: Aye. 1 STATE OF ILLINOIS )
) SS.
2 MS. MILSCHEWSKI: Spears? 2 COUNTY OF KENDAL )
3 MS. SPEARS: Aye. 3 I, Nicola Gengler, C.S.R., No. 84-3780, do
4 MS. MILSCHEWSKI: Sticka? 4 hereby certify that the proceedings had in the
5 MR. STICKA: Aye. 5 above-entitled cause were recorded stenographically by
6 MS. MILSCMSWSKI: Besco? 6 me and reduced to typewriting via computer-aided
7 MR. BESCO: Aye. 7 transcription under my personal direction; and that the
8 MAYOR PROCHASKA: Motion is carried. The 8 foregoing is a true and correct transcript of the
9 public hearing is closed. Thank you. 9 proceedings had at the time and place previously
10 (Proceedings were then had 10 specified.
11 which are not herein 11 IN WITNESS WHEREOF I have hereunto set my
12 transcribed.) 12 hand this 11th day of December, 2003.
13 * * * * * 13 /7
—''
14 14 1:2(62&
i:2(6f 2& 6
co a Gengler, C.S.R.
15 15
16 16
17 17
18 18
19 19
20 20
21 21
22 22
23 23
24 24
DepoCourt Reporting Service (630) 983-0030 DepoCourt Reporting Service (630) 983-0030
YORK129.TXT
Page 1
codes 3:20 4:13
* come 3:18 R
comments 3:23; 4:6; 5:3 L
* 6:13 Commission 3:10; 4:13,14, recommendation 3:12; 4:16,
19 LA 4:5 18
1 comply 3:14 LaBerge 3:7,22; 4:3 recorded 7:5
Comprehensive 3:14; 4:24 LARRY 2:7 reduced 7:6
11/12/03 3:11; 4:15 computer-aided 7:6 LAW 2:12 REPORT 1:13
1107A 2:12.5 correct 7:8 Lelalu 4:10 request 3:7; 4:11
11th 7:12 COUNCIL 1:7; 4:4,7; 5:10 located 4:22 response 4:1,8; 5:4,11
COUNTY 1:4; 4:20; 7:2 rezoning 3:13,14; 4:19
2 create 3:17 M RICHARD 2:9
currently 3:15; 4:21 Road 1:17; 4:12
2003 1:16; 7:12 matter 1:14 Roll 5:17
D MAXWELL 5:8 ROSE 2:10
6 Maxwell's 4:11 Route 4:11,12
D-663603 1:20 MAYOR 2:2; 3:5,21; 4:2,6,
60560 2:13 DANIEL 2:12 9; 5:1,5,9,12,16; 6:8 S
day 7:12 meet 3:19; 4:24
7 December 1:16; 7:12 MILSCHEWSKI 2:5; 5:18,20, Second 5:15
decides 3:17 22,24; 6:2,4,6 seconded 5:16
71 4:11,12 development 3:16 motion 3:5; 5:13; 6:8 see 3:21
7:00 1:16 direction 7:7 move 4:10 set 7:11
district 3:18 moved 5:14,16 sir 4:5
8 down 4:11 MS. 2:5,8,10,13.5; 3:9; site 3:15,19
4:13; 5:15,18,20,22,24; somewhat 4:22
800 1:16 E 6:1,2,3,4,6 South 2:12.5
84-3780 1:15; 7:3 Munns 5:22,23 SPEARS 2:10; 5:15; 6:2,3
8710 4:11 east 4:12 specified 7:10
entertain 5:13 N SS 1:3.5; 7:1.5
9 STATE 1:3; 7:1
F need 3:8 stenographically 7:5
9 1:16 next 4:10 STICKA 2:9; 5:14; 6:4,5
Farm 1:17 Nicola 1:15; 7:3,14.5 store 4:23
A feed 4:22 No. 1:15; 7:3 Street 2:12.5
first 3:6 none 4:2; 5:5
A-1 4:19 floor 3:23 nursery 4:23 T
above-entitled 1:14; 7:5 foregoing 7:8
actually 3:11 front 3:10; 4:18 0 testimony 1:13; 3:23; 5:2
add 5:6 transcribed 3:4; 6:12
Administrator 2:4 G OFFICES 2:12 transcript 7:8
Alderman 2:6,7,9 OHARE 2:8; 5:24; 6:1 transcription 7:7
Alderwoman 2:8,10 Game 1:16 Okay 4:9; 5:12 Treasurer 2:3
Allegiance 3:1 Gary 4:10 originally 3:9 true 7:8
already 4:4 Gengler 1:15; 7:3,14.5 other 4:4 type 4:23
annex 4:11 give 5:2 typewriting 7:6
annexation 3:6,7,13; 4:17 GRAFF 2:4 P
ANTON 2:4 U
appeared 2:14 H p.m. 1:16
approval 3:19 PC2003-15 1:9 under 7:7
ARTHUR 2:2 hand 7:12 PC2003-16 1:11 United 2:14
Aye 5:19,21,23; 6:1,3,5,7 hearing 1:8,14; 3:10,11, personal 7:7
24; 4:2,14; 5:5,13; 6:9 petitioner 3:17,21 V
B hereby 7:4 petitioners 4:23; 5:6
herein 3:3; 6:11 place 7:9 via 7:6
B-3 3:18; 4:20 hereunto 7:11 plan 3:10,14,19; 4:13,14,
back 3:18 himself 3:17 19,24 W
behalf 2:14 hour 1:16 plans 3:15
BERGE 4:5 please 5:17 WANDA 2:8
BESCO 2:6; 6:6,7 I Pledge 3:1 wanted 4:3; 5:6
both 3:13 point 3:22; 5:7 Wayne 4:12
Bridge 2:12.5 ILLINOIS 1:3,17; 2:13; 7:1 positive 3:12; 4:16,18 WHEREOF 7:11
business 4:21,23 issue 5:3 POWELL 2:3 whoever 3:16
item 4:10 premises 4:22 will 3:6,18
C present 2:1; 4:24 WILLIAM 2:3
J previously 7:9 within 3:17
C.S.R 7:14.5 proceedings 1:13; 3:2; WITNESS 7:11
C.S.R. 1:15; 7:3 JACKIE 2:5 6:10; 7:4,9
call 5:17 James 5:18,19 PROCHASKA 2:2; 3:5,21; Y
carried 3:5; 6:8 JOSEPH 2:6 4:2,6,9; 5:1,5,9,12,16;
cause 7:5 6:8 YORKVILLE 1:7,17; 2:13,
certify 7:4 K property 3:7,16; 4:17 14.5
CITY 1:7; 2:3,4,5,14; public 1:8; 3:10,11,24;
3:15,19; 4:7,17,20 KELLY 2:13.5; 3:8 4:14; 5:13; 6:9 Z
City's 3:20; 4:24 KENDALL 1:4; 4:20; 7:2
Clerk 2:5 KGS 4:22 Q Zoning 4:20
close 5:13 KOT 2:7; 5:20,21
closed 6:9 KRAMER 2:12,13.5; 3:9; questions 3:23; 5:3
-MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF DRAFT
1 HE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
HELD IN THE CITY COUNCIL CHAMBERS,800 GAME FARM ROAD
ON MONDAY,DECEMBER 23,2003.
Mayor Prochaska called the meeting to order at 7:00 P.M and led the Council in the Pledge of
Allegiance.
ROLL CALL
Clerk Milschewski called the roll.
Ward I James Present
Sticka Absent
Ward II Burd Present
Kot Present
Ward III Munns Present
Ohare Present
Ward IV Besco Present
Spears Present
Also present: City Clerk Milschewski,City Treasurer Powell,City Administrator Graff,City
Attorney Dan Kramer,Police Chief Martin and Finance Director Traci Pleckham
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
City Clerk Milschewski asked that the approval of the November 25,2003 minutes be tabled
because an incorrect transcript for the public hearing was attached to them.
Mayor Prochaska questioned if the easement that was discussed at the last Committee of the
Whole meeting could be added to the agenda and Attorney Kramer stated that since the motion
would be for the authorization to obtain the easement it could be added. Administrator Graff
stated that the item,the South PRV Station Easement,was on the agenda under the Public Works
Committee report.
COMMITTEE MEETING DATES
Public Works Committee 7:00 P.M.,Monday,January 26,2003
City of Yorkville Conference Room
800 Game Farm Road
Economic Development Committee 7:00 P.M.,Thursday,January 15,2003
City of Yorkville Conference Room
800 Game Farm Road
Administration Committee 7:00 P.M.,Thursday,January 7,2003
City of Yorkville Conference Room
800 Game Farm Road
Public Safety Committee 6:30 P.M.,Thursday,January 22,2003
City of Yorkville Conference Room
800 Game Farm Road
Ad Hoc Technology Committee To Be Announced
City of Yorkville Conference Room
800 Game Farm Road
Ad Hoc Tourism Committee 6:30 P.M.,Monday,January 12,2004
City of Yorkville Conference Room
800 Game Farm Road
The Minutes of the Regular Meeting of the City Council—December 23,2003-page 2
PUBLIC HEARINGS
BINA Hearing for Countryside Interceptor Alternate Revenue Bond
Mayor Prochaska entertained a motion to go into a public hearing for the purpose of a BINA
hearing for$3.5 Million Countryside Interceptor Alternate Revenue Bond. So moved by
Alderman Kot;seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes-7 Nays-0
Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye
Attorney Kramer stated that the hearing is for public comment to the bonds needed for the
Countryside Interceptor.
Mayor Prochaska stated that the revenue streams to be used are the Sanitary District infrastructure
fee and sales tax.
The floor was opened for public comment. There was none.
The floor was opened for Council comments.There were none.
Mayor Prochaska entertained a motion to close the public hearing.So moved by Alderman
Sticka;seconded by Alderwoman Spears.
Motion approved by a roll call vote. Ayes-7 Nays-0
Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Besco-aye
CITIZEN COMMENTS
Becky Morganegg of Van Emmon Street addressed the Council. She introduced herself and
stated that she is running for Kendall County Circuit Court Clerk. She stated that for the last
fifteen years she has been the Kendall County Board Administrator working with all the
departments in the courthouse,county municipalities and the sheriff's department.She stated that
she is looking forward,with the Council's support,to serving Kendall County residents.
PRESENTATIONS
CPAA donation for Audio/Visual Equipment for Police Squad Room
Members of the Citizens Police Academy Alumni presented the Mayor,Chief of Police and
officers with a check for$650.00 to be used for the purchase of audio/visual equipment for the
police squad room and a cabinet to store items for the DARE and Neighborhood Watch programs.
They also presented the SRT with a check for$1,000.00 for equipment.
Mayor Prochaska thanked the members for their support of the Police Department and their
fundraising activities.
CONSENT AGENDA
1. Resolution 2003-45 -Revision of Sanitary Sewer Maintenance Fee-authorize the
Mayor and City Clerk to execute
2. Resolution 2003-46 -Approving Athletic Field Policy-authorize the Mayor and
City Clerk to execute
3. Purchase of Hydraulic Breaker for Skidsteer from Atlas Bobcat—in an amount not to
exceed$7,576.00
Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved
by Alderwoman Burd;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,Ohare-aye,Besco-aye
MINUTES FOR APPROVAL
None
BILLS FOR APPROVAL
A motion was made by Alderwoman Spears to approve the paying of the bills listed on the
Detailed Board Report dated December 19,2003 totaling the following amounts:checks in the
amount of$634,034.04(vendor);$129,867.43(payroll period ending 12/17/03)for a total of
$763,901.47;seconded by Alderwoman Burd.
The Minutes of the Regular Meeting of the City Council-December 23,2003-page 3
Alderwoman Spears stated that she had questions on items on the bill list and even though she
discussed them with staff prior to the meeting she still had some concerns and did not agree with
items on the list. Her first concern was for an item on page 10 of the list,item#6($16.00)under
payment to Elan Financial Services for a baby gift. Alderwoman Spears was told that the gift was
for Jeff Freeman's(of Engineering Enterprises,Inc)new baby and this has been reimbursed by
the city employees. Mayor Prochaska stated that management has explained to the staff that the
City credit card could not be used in this manner.
Another concern was for#14 under Elan Financial Services for the Mayor and City
Administrator's palm organizers($672.41). Alderwoman Spears stated that she has a problem
with taxpayers paying for items such as this. Mayor Prochaska stated that he mentioned at a
public meeting that he was going to be purchasing a palm organizer to aid in maintaining his
schedule. The organizer eliminates phone calls to the City Secretary to schedule meetings and
will allow them to better coordinate schedules. Alderwoman Spears stated that she had a problem
with buying Mr.Graff a second organizer and Mr.Graff explained that his first organizer
malfunctioned and could not be repaired.Mayor Prochaska also explained that information was
shared between his and Mr.Graff's organizers as well as the City Secretary's computer. He
stated that he did not feel that this was frivolous expenditure.
Alderwoman Burd and Alderman Besco asked if this was discussed at Ad Hoc Technology
Committee and Alderman Munns stated that this was not discussed in detail by the committee but
he explained the benefits of the organizers. Mayor Prochaska stated that he did bring this up at an
ad hoc meeting which Alderwoman Ohare verified. Alderman Munns asked if the cost for the
units was reasonable. Mr.Graff stated that the organizers purchased are the same as other
department heads have and the hope is to eventually network all of them together. Alderwoman
Burd asked if the City purchased the other organizers and Mr.Graff stated that it did with funds
included in the budgeted. Alderman Besco stated that he did not have a problem with the
purchase but suggested that the Ad Hoc Technology Committee discuss this further in order to
keep all the units compatible. Alderman Kot also stated that he felt that this was a reasonable
expenditure.
Alderman Munns asked if an expenditure on page 20 for an advertisement of support(Royal
Publishing)was for the ad in the Plano Basketball Tournament program book for the Yorkville
High School team. Administrator Graff stated that it was. Alderman Munns commented that this
was a good show of City support for its youth.
Alderwoman Ohare questioned an expenditure on page 24 for closet shelves for$918.50. Mayor
Prochaska explained that this was for shelving units and installation for five closets. She also
questioned an expenditure for$940.12 for a desk and credenza. Mr.Graff explained that this was
to replace the Deputy Clerk D'Anna's new desk. Alderwoman Ohare commented that she also
did not see a problem with the purchase of the palm organizers.
Motion approved by a roll call vote. Ayes-6 Nays-1
Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-nay
PLANNING COMMISSION/ZONING BOARD OF APPEAL
No report.
REPORTS
MAYOR'S REPORT
Elected Official Workshop
Mayor Prochaska reported that Kendall County State's Attorney Tim McCann,in conjunction
with Will County State's Attorney Jeff Tomczak and House Republican Leader Tom Cross,is
holding an elected official workshop on January 10,2004. The workshop will discuss the Open
Meetings Act along with other issues and will be held in New Lenox,Illinois. The Mayor noted
that this was the tentative date that the Council had planned to hold its goal setting meeting. He
asked for input from the Council. It was discussed that members of the Council would like to
attend Mr.McCann's workshop so the goal setting meeting should be postponed. Mayor
Prochaska suggested that as many members of the Council as possible should attend the
workshop.
Post Office
Mayor Prochaska reported that he received a letter on December 22,2003 from the Postal Service
regarding the expansion of the Yorkville Post Office. He read the letter which stated that due to
the lack of land space adjacent to the current facility it could not be expanded to meet future
operational requirements.This option has been eliminated from consideration. The Postal
The Minutes of the Regular Meeting of the City Council-December 23,2003-page 4
Service plans to advertise for existing buildings and/or vacant sites for a new facility. This
decision can be appealed by any member of the community within the next thirty days and should
be directed to the vice-president of facilities.
Sympathy for Family of Joan Kohler
Mayor Prochaska expressed his sympathy to the family of Joan Kohler,a Library employee for
five years who recently passed away. He stated that he had a sympathy card for the family and
asked the members of the Council to sign it.
ATTORNEY'S REPORT
Attorney Kramer reported that Executive Director of Parks&Recreation Laura Brown contacted
him regarding the grant funds for the Hydraulic Street property. The City will take the transfer
from CorLands and close the week between Christmas and New Years.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
No report.
CITY ADMINISTATOR'S REPORT
Administrator Graff noted that he was advised by Alderman James that a motion was needed for
the LaBerge Annexation Agreement which was on the agenda later.
FINANCE DIRECTOR'S REPORT
Finance Director Traci Pleckham stated that she corrected the tax levy rate to the rate published
of.774 and distributed a handout. The total amount of the levy has not changed. Mrs.Pleckham
wished everyone a Merry Christmas.
DIRECTOR OF PUBLIC WORKS REPORT
No report.
CHIEF OF POLICE REPORT
No report.
EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT
No report.
COMMUNITY&LIAISON REPORT
No report.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
South PRV Station Easements
A motion was made by Alderman Besco to approve an access and utility easement with Thomas
D.Hughes for a pressure reducing valve station and to authorize the Mayor and City Clerk to sign
the Plat of Easement for the purchase price of$5,000.00;seconded by Alderman James.
Alderwoman Ohare asked if Mr.Hughes was asking for an easement for a driveway and Mayor
Prochaska clarified that the City was asking for the easement along the frontage of his property.
Attorney Kramer stated that Mr.Hughes attorney has asked that the City agree to an additional
driveway access as part of the easement. He stated that the City cannot grant this condition
because the Illinois Department of Transportation has to grant the request for access. He
suggested that the easement state that the additional access is conditional to IDOT's issuing an
access permit. The Mayor stated that Mr.Hughes wanted to know that even if they received
IDOT approval,the City would allow the driveway over the easement. Alderwoman Ohare stated
that the way the document is worded it appears the driveway access is the City's decision when it
is not.
A motion was made by Alderwoman Ohare to amend Alderman Besco's previous motion
conditioning the driveway access on IDOT approval;seconded by Alderman Munns.
Mayor Prochaska clarified that the any granting of a driveway on to Route 47 by the City was
conditional to IDOT approval.
Amended motion approved by a roll call vote. Ayes-7 Nays-0
Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye
The Minutes of the Regular Meeting of the City Council—December 23,2003-page 5
Mayor Prochaska expressed his appreciation to Mr.Hughes and his attorney for working with the
City in obtaining the easement.
Original motion approved by a roll call vote. Ayes-7 Nays-0
Kot-aye,Munns-aye,Ohare-aye,Spears-aye,Besco-aye,Burd-aye,James-aye
ECONOMIC DEVELOPMENT COMMITTEE REPORT
(Ordinance)2003-74 Kritzberg Development Agreement
A motion was made by Alderwoman Burd to approve a development agreement between the
United City of Yorkville and Gary and Susan Kritzberg for the property located at 308 No.
Bridge Street and to authorize the Mayor and City Clerk to sign the agreement;seconded by
Alderman James.
Mayor Prochaska noted that language was added to the agreement requiring City Council
approval if the owners decided to deviate from the final plat attached to the agreement. He also
noted that they agreed to abide by any architectural overlay ordinance that may be enacted as long
as it is enacted indiscriminately to the surrounding area. The Kritzberg's stated that they have
already signed the agreement.
Motion approved by a roll call vote. Ayes-7 Nays-0
Munns-aye,Ohare-aye,Spears-aye,Besco-aye,Burd-aye,James-aye,Kot-aye
(Ordinance)2003-75 Authorizing the Execution of the LaBerge Annexation Agreement
A motion was made by Alderman Kot to approve the annexation agreement to the United City of
Yorkville known as the LaBerge Property and to authorize the Mayor and City Clerk to execute
the agreement;seconded by Alderman Ohare.
Motion approved by a roll call vote. Ayes-8 Nays-0
Ohare-aye,Spears-aye,Besco-aye,Burd-aye,
James-aye,Kot-aye,Munns-aye,Prochaska-aye
(Ordinance)2003-76 Annexing LaBerge Property
A motion was made by Alderman Kot to approve an ordinance to annex the LaBerge Property
with a B-3 Service Business District Zoning;seconded by Alderwoman Spears.
Motion approved by a roll call vote. Ayes-7 Nays-0
Spears-aye,Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMLNISTRATION COMMITTEE REPORT
(Ordinance)2003-77 2003-2004 Tax Levy
A motion was made by Alderwoman Spears to approve an ordinance for the Tax Levy and
Assessment of Taxes for Fiscal Year beginning May 1,2003 and ending April 30,2004 for the
United City of Yorkville in the amount of$1,598,089.00 and to authorize the Mayor and City
Clerk to sign and execute the required documents;seconded by Alderwoman Burd.
Mayor Prochaska expressed his appreciation to the Council and staff for their help with the tax
levy which shows a substantial drop in the rate.
Motion approved by a roll call vote. Ayes-7 Nays-0
Besco-aye,Burd-aye,James-aye,Kot-aye,Munns-aye,Ohare-aye,Spears-aye
ADDITIONAL BUSINESS
Bill List
Alderwoman Burd expressed her appreciation for Alderwoman Spears efforts to monitor the bill
list. She stated that she agrees with a lot of things Alderwoman Spears questions however she did
feel that the palm organizers were a necessary expenditure. She was concerned with the use of
the City's credit card and other expenditures made in the recent past.
Alderman James thanked Alderwoman Spears for taking the time to look at the bill list and
encouraged her to keep reviewing it.
The Minutes of the Regular Meeting of the City Council—December 23,2003-page 6
Mayor Prochaska noted that the bill list will be available at COW meetings so it can be discussed
in detail if necessary. Administrator Graff stated that this should occur by the second COW
meeting in January.
Alderwoman Ohare stated that some of the descriptions of expenditures on the bill list are very
detailed but others are not.She stated that she thought that the Council had requested that all the
descriptions be more detailed. She noted the desk expenditure she questioned was a good
example of not being very detailed and she felt who the desk was purchased for should have been
identified. She also noted that prior to the meeting she questioned three water sample checks.
She felt better descriptions would be more helpful and would make the Council happier. Mr.
Graff stated he would verify how many characters the software will allow in this field because he
knew that it had limitations. He also stated that the actual bills and/or invoices will be available
at the COW meeting for review if there are any questions and the department heads can assist
with putting more detailed descriptions on the list before it is approved. Alderwoman Burd stated
that possibly at the Council's goal and policy setting workshop more directives regarding this
could be discussed.
Local Businesses
Alderman Besco encouraged the staff to purchase from businesses located in the United City of
Yorkville. Alderwoman Ohare noted that she is working with Mrs.Pleckham to compile a list of
venders within the City versus those outside the City. She stated that this could be used for
comparison to see where City venders could be used. Mayor Prochaska noted that it is City
policy to use local businesses first however there have been circumstances where this is not
possible. He also noted that the Council just approved becoming a member of the Chamber of
Commerce so venders also belonging to the Chamber should be given consideration.
Happy Holidays
Mayor Prochaska wished the Council,staff and citizens a happy holiday season.
ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Besco;seconded by
Alderwoman Ohare.
Motion approved by a viva voce vote.
Meeting adjourned at 7:52 P.M.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville,Illinois
Page 1 of 20 DRAFT
UNITED CITY OF YORKVILLE
COMMITTEE OF THE WHOLE
TUESDAY, OCTOBER 7, 2003
7:00 P.M.
MEMBERS PRESENT:
Mayor Art Prochaska
Alderman Joe Besco
Alderwoman Val Burd
Alderman Larry Kot
Alderwoman Rose Spears
Alderman Rich Sticka
Alderman Paul James
Alderwoman Wanda Ohare
CITY STAFF PRESENT:
City Treasurer Bill Powell
City Administrator Anton Graff
City Attorney Kelly Kramer
Lieutenant Don Schwartzkopf
Parks & Recreational Director Laura Brown
Finance Director Traci Pleckham
Executive Director of Yorkville Economic
Development Commission Lynn Dubajic
Public Works Director Eric Dhuse
Guests:
See attached list.
This meeting was called to order at 7:00 p.m.
MAYOR
Update of USEPA Grant for Water Works System Application
Mayor Prochaska stated that the documents from the USEPA Grant have been signed and
returned. He confirmed that the City has been approved by the EPA for the amount of
$950,200.00, which will allow them to proceed with the water project. The Mayor
acknowledged the assistance from Congressman Hastert's office for this grant.
Plano School Transition Fee
The Mayor stated that he attended a meeting with the Plano School District and has been
corresponding with Plano's Superintendent with respect to the following issue: A portion
Page 2 of 20
of the Plano School District fall within the city limits of Yorkville. An area being
considered for development is that parcel of land zoned as commercial located North of
Route 34 and just East of Eldamain Road. Developers are considering the property just
adjacent to that, which also falls in the Plano School District. Yorkville School District
has increased their transition fees from$1,500 per residential dwelling unit to $3,000.
They have presented for consideration to the Plano School District the same amount for
their transition fee. The Mayor reported that Plano School District agreed to increase
their fees to $3,000 but requested in writing the necessary provisions to justify this
increase. The Mayor stated that documentation concerning this has been sent to them.
An Ordinance Amending the United City of Yorkville's Existing School Transition Fee
for Plano Community Unit School District#88 was drafted by Yorkville City Attorney,
Daniel Kramer. Alderwoman Spears pointed out an error in paragraph two of this draft.
The Mayor stated that this has been placed on Consent Agenda for City Council for the
following week, subject to Plano School District signing a release. The Mayor
encouraged City Council members to attend their next school board meeting.
Pollution Control Ordinance - John Watson Attorney's Fees
In response to Administrator Graffs request for a more detailed breakdown of his firm's
fees, Attorney John Watson of Gardner, Carton&Douglas details his basic fees in a
letter to Mr. Graff dated September 23, 2003. The cost to have his firm draft the
Pollution Control Facility Citing Ordinance would not exceed $2,500; hearings attended
would not exceed $1,200 per hearing. Mr. Graff knows that there will be at least a
minimum of one hearing, but further advised the Committee that this may require three or
four public hearings(depending on those who may be opposed and raise questions
requiring additional research). He stated the entire process could in fact take three to six
months.
Upon Mr. Kot's request for itemization of his fees, Mr. Graff response was that Mr.
Watson's firm charges between$390-$540 per hour. Mr. Kot believes that the $1,200 per
hearing is an excessive amount to pay. In response to that, Mayor Prochaska explained
that, this $1,200 is the maximum amount they charge per hearing, and the itemized bill
would in fact clearly reflect their charges. Administrator Graff stated this new proposal
was the amount compromised by Mr. Watson's firm after the City Council members
initially raised a concern about his fees. His firm wanted to move forward to do the work
for the City, and believes that this readjustment of fees would make council members
comfortable in justifying this expenditure. Mr. Kramer finds the fees to be reasonable
and recommends that they move forward with having them draft the ordinance. Mayor
Prochaska and Alderman Kot, who are in full support of having an ordinance of this type
in place, request that Mr. Graff obtain a fee structure sheet which reflects Mr. Watson's
actual hourly rate, not just a general hourly rate charged by his firm.
The Mayor stated that he received a letter from Waste Management which requested to
have meetings for the prospect of setting up a pollution control facility site in Yorkville.
He further states that with the growth of the Kendall County area, it is
Page 3 of 20
inevitable that other agencies would be looking at Yorkville and the surrounding areas for
their waste transfer stations, recycling centers and waste management facilities. For this
reason, Mr. Prochaska stated it is imperative that they move forward with a draft for
pollution control to have the proper controls in place. Issues such as zoning, the distance
that a waste control facility would have to be from residential housing and the
landscaping and buffering surrounding the facility could be spelled out in the proposed
ordinance.
Alderwoman Ohare asked what the time frame would be to finalize the draft. Mr. Graff
stated that the draft has already been presented to the Committee with some minor
modifications still needed. He foresees having the public hearing process start in early
January 2004.
In summary of this discussion, Administrator Graff intends to have the fee structure sheet
placed in each committee member's packets for the next City Council meeting. The
Mayor stated that this issue will be placed on regular agenda to allow for further
discussion between council members.
Fox Hill Acceptance of Units 1, 2, 3, 4, 6 and Route 34 Improvements - Update
Mayor Prochaska stated that the City staff has put together a final punch list for Fox Hill.
This was itemized in a letter dated September 17, 2003, and addressed to Marvin DeLahr,
the lead person working with the Fox Hill group. Administrator Graff stated that they
expect to be done with this in time for the next City Council meeting and are requesting
that this be placed on the next agenda, subject to the approval of City Engineer, Joe
Wywrot. Mayor Prochaska is not recommending that this be placed on the agenda until a
memo is received by Joe Wywrot acknowledging that every item on the punch list has
been done to the City's satisfaction. He acknowledged that this punch list has been
considerably reduced to only eight items, but has doubts that the work will be completed
in time for the next City Council meeting the following week. Mayor Prochaska
suggested instead that this be placed on the Agenda for October 28, 2003, subject to
approval of City staff. He recommended that any further issues on this should be
expressed by Council members to the City staff at this time, as this is nearing a close.
Kritzberg Landscape Buffer Deviation from 30' to 25' for 308 North Bridge Street
Sue Kritzberg, owner of a business located at 308 North Bridge has come before the
Committee to request the following: That the aforementioned parcel of land be rezoned
to B2 to move the business from her residence into the adjacent building. Since her
business consists of providing home modifications and installation of handicap-accessible
equipment for handicapped clients, it is imperative that she has handicap-accessible
parking lot. Her concern is the time frame for approval of the zoning before the
inclement weather sets in. She would like to have the parking lot paved before winter.
She is also requesting a variance on the landscaping ordinance from a 30-ft. set back(for
parking) to a 25-ft. set back. The setback area is along the eastern perimeter of the
property.
Page 4 of 20
With respect to this landscape ordinance, the Mayor stated that he has had an opportunity
to speak with both Administrator Graff and Mike Schoppe of Schoppe Design
Associates. It is Mr. Schoppe's recommendation to grant Mrs. Kritzberg's request for the
additional five feet, but suggested that she be required to plant in the buffer area to ensure
proper screening between properties. Mrs. Kritzberg has agreed to do this, however, she
stated, she is unable to complete the entire planting this fall until the asphalt is placed. In
her attempts at meeting the requirements of the ordinance, she has planted some bushes
along the fence line.
Another issue Mrs. Kritzberg brought up with respect to the landscape ordinance was
meeting the requirement for rezoning to business. She believes that this was written for
new property development, not for property where the landscape has already been
established. She stated that after submitting the preliminary site plan, she discovered that
the ordinance requires she plant trees along the parkway. It also specifically states that
planting will not be placed over existing gas lines. Her problem is that
the gas lines run along the parkway on both sides of her property. Further, she stated that
she is required to place 13 shade trees, 8 evergreens, 3 ornamentals and 100 shrubs on her
property in order to meet the requirements of the ordinance. She stated that she is
running out of space to place all of this. She believes that as these trees mature in five to
ten years her property will look like an "arboretum". It is her opinion that this type of
landscape will be, "out of character with the rest of the neighborhood". She is requesting
that the Committee consider making adjustments to this ordinance. The Mayor stated
that these issues will be covered when they review the architectural overlay ordinance for
the area along Route 47. They intend to specifically address the landscaping of older
homes and existing property where special circumstances exist, such as is the case with
Mrs. Kritzberg's property. Mr. Sticka is in agreement with Mrs. Kritzberg, in that, when
the ordinance was drafted, the committee was thinking in terms of new property
development. He believes her request is sensible, and suggested that the ordinance
should properly define plantings when rezoning from residential to business occurs where
landscape is already established. The Mayor stated that Mrs. Kritzberg will receive
notice of an upcoming public hearing at which time this will be discussed.
The Mayor recommended that this be put on the Agenda for City Council for
consideration of the 30-foot setback change to the 25-foot setback, subject to the
landscape approval by the City Planner. This will be placed on the Agenda for the
following Tuesday, October 14, 2003. The Mayor stated that only after approval of the
rezoning to business can they vote on the landscape variance, subject to satisfactory
approval by the City Planner, because, as both he and Mr. Sticka explained,they cannot
have a variance on zoning of property that does not yet technically exist.
Mrs. Kritzberg reiterated the hardship of having to wait for rezoning and the absolute
need to accommodate her customers with handicap-accessible parking lot. She is
requesting a permit to allow parking spaces on residential property. Based upon her
conversations with, and to the knowledge of Administrator Graff, Anna Kurtzman and
Page 5 of 20
Joe Wywrot,there was no restriction with respect to a residential property owner
expanding the parking into their yard. She was advised by them to do this while she
awaits approval of the rezoning. Attorney Kelly Kramer inquired of Mrs. Kritzberg if she
had submitted the plans for the parking to the Building Department. Her response was
that only a general site plan has been submitted. Mrs. Kritzberg stated that in order for a
permit to be issued, a survey is required.
Attorney Kelly Kramer also suggested that this be put on the Agenda for Tuesday,
October 14, 2003, but, without calling a motion to approve. This would at least allow
them to get an idea of where the Council stands on this issue. She stated that the public
hearing before the Plan Commission would be the following day, October 8, 2003, and
this will come before the City Council for vote on October 28, 2003. It was
recommended by the Mayor that since there is no restriction to expand the driveway on
her property;this could be a temporary resolution to accommodate her clients. He also
stated that she needs to continue to work with the City Planner to ensure adequate
buffering of the property between hers and the adjacent property. The Mayor confirmed
with Mrs. Kritzberg that with respect to the rezoning of the business,this could be
approved "subject to the variance of the landscape ordinance" so that these two issues can
be handled in one process. Mrs. Kritzberg was in agreement with this decision.
CITY ATTORNEY
Disposal of Municipal Personal Property
City Attorney Kelly Kramer stated that she has been requested to draft a memorandum
outlining the procedures for the disposal of municipal personal property. She stated that
surplus personal property must be determined and identified by, "the simple majority of
the corporate authority of those elected to hold office", (i.e. City Council members and
the Mayor). "Surplus" is legally defined as property that is no longer in use by the City.
When the property is deemed as "valueless" to the City, and selling it poses more of a
burden then a benefit, it can be given away to anyone not associated with, or related to
the staff of the municipality and, it cannot be given to anyone who holds an office with
the municipality.
When surplus property does have value,the City Council can either elect to sell it, (with
or without the use of advertisement through an ordinance), or, they can authorize the city
staff to use it towards the purchase of replacement personal property. (i.e. trade-ins).
Attorney Kelly Kramer cautions that when this procedure is being done where
competitive bidding is involved all bidders must be notified of the intent of replacing the
personal property. Ms. Kramer stated that a City officer can be authorized to convey or
turnover personal property in exchange for new property, since the Municipality has the
authority to sell or exchange to another corporate authority. This is done with an
intergovernmental agreement.
Page 6 of 20
The Mayor summed up Ms. Kramer's presentation by stating that, "if a city staff member
or department head determines that a certain property is no longer of use, the disposition
of it will need to be decided by the City Council, who are required to then make the
determination of the value of that item." They accept recommendations from the
department head or their committee on how the property should be disposed of, but the
ultimate decision rests upon the City Council.
Mr. Sticka inquired as to why this issue was being brought up at this time, and to specify
just what items are to be determined by the Council. Ms. Kramer's response was that this
issue needed addressing due to the fact that remodeling is currently underway, and
equipment is being replaced. In response to Mr. Sticka's question, the Mayor stated that
"surplus property" includes furniture, vehicles, major equipment such as leaf blowers,
mowers, plows, trucks and computers. The Mayor suggested that the policy should
outline what items should be considered for disposal.
CITY ADMINISTRATOR
SSA Update for Raintree Village and Windett Ridge
Administrator Graff stated that with respect to both of these projects, after the Council
accepts the final plats, it needs to be recorded in a timely manner because the bond holder
and trust agency will need to do their part. He advised further that the council members
will be receiving (and will need to carefully review) memorandums from the consultant
and engineers that specifically covers the plat of dedication. This will be done
immediately after approval of final plat and will include all the proposed dedicated
roadways, easements and right-of-ways, as well as the park land that will be deeded to
the City. The property will be dedicated or deeded to the City upon final plat, but will
not be considered "accepted" by the City until the actual dedication takes place. The
infrastructure agreement states how this proposed acquired property will be built and
maintained until dedication. A license will be required to allow the City access to the
property. Mr. Graff stated that SSA money is being used to build the park. Attorney
Chris Knight is working with Administrator Graff on this. He expects the paperwork in
preparation for signatures within the next two weeks.
CITY CLERK
Amendment to Burning Ordinance to Correct City Code Book
As a result of correspondences received from citizens regarding the burning ordinance, it
was determined that there were conflicting terms with respect to the specific language
regarding the burning of leaves. Since the ordinance does allow for the burning of
leaves, all references to the word "leaf', "leaves" and "leaf burning" was removed from
Paragraph A3, Section 4-1-1 of the existing ordinance. This paragraph, therefore, was
amended to read, "The discharge into the outdoor atmosphere of fumes, smoke, gas or
vapors or any combination from the burning of any materials other than untreated paper
and paper products and wood as provided above shall be,for the purpose of this Section,
Page 7 of 20
declared air pollution and a public nuisance. "
Alderman Sticka brought up fact that the wording "occasional burning" is very vague.
Attorney Kelly Kramer stated that it was written with the intent of not having to define
the exact number of burnings that are allowed to be considered "excessive". This then
would allow the complaining citizen the recourse of filing a complaint with the City, if
that citizen considers the burning to be excessive. They would be able to file a nuisance
suit. Case law, she states, provides as to what is deemed as a "nuisance".
The Mayor stated that the issue of"controlled burn" needs to be addressed, as this was
previously brought up by the Public Works director with the discussion of the proposed
planting of natural prairie grass along various retention areas. Laura Brown, Parks
Director stated that members of her staff have attended "Controlled Burns" seminars in
the past.
It was unanimously agreed to place this on the Consent Agenda for City Council for the
correction of the wording in the ordinance.
Ordinance Establishing a Driveway and Public Walks Inspection Fee
The Clerk's office could not locate the established resolution with respect to the
Inspection Fees. Ms. Kramer, therefore, stated she has drafted this in ordinance form,
which will provide for a$35.00 inspection fee for sidewalks and driveways on
infrastructure and remodeling. The Mayor distinctly recalls that this was done in a
resolution. It was unanimously agreed to have this placed on Consent Agenda for City
Council.
Addition to Sound System in Council Chambers
Administrator Graff references the memo from the City Clerk, Jackie Milschewski
wherein she has provided a proposal from Sound Incorporated for the relocation and
addition of new equipment in the new City Council Chambers. The upgrade to the
system for the build out is $9,927.00. A microphone will be installed at the department
head's tables, referred to in the proposal as "the side table". There is an extra connection
for the court reporter to tape, from their tape recorder, directly from the microphone.
Since Sound Incorporated did the initial installation of the equipment, it was assumed that
they will do the upgrade. Administrator Graff stated that the relationship has been
established with the company and they have maintained their equipment thus far. After
much discussion about the costs involved, it was determined by the Committee to request
a second quote from another company before accepting the proposal from Sound
Incorporated. Administrator Graff made reference to the purchase policy currently in
place which states that when an item exceeds $5,000.00,three comparable quotes will be
required. He stated that sources of quotes can be from the search of the interne or the
researching of catalogs for pricing. According to Sound Incorporated's proposal, the cost
of minimum upgrade is $4,600;the cost of labor is $6,000.
Page 8 of 20
It was decided unanimously by the Committee to have the opportunity to review other
quotes that come in over the next week and present to the City Council before the
following Tuesday's agenda.
PUBLIC WORKS COMMITTEE
Water Report for June 2003 - (PW 9/22/03)
Alderman Besco stated that there were 43 new residential and one new commercial
customer added to this since the previous month's report. There was a report of
approximately 2,583,000 gallons of water pumped. This had been previously reviewed
by the Public Works Committee. It was unanimously decided by the Committee to add
this to Consent Agenda.
Kylyn's Ridge Unit 1 Letter of Credit Reduction - (PW 9/22/03)
As per Joe Wywrot's letter, this was reviewed and recommended by the Public Works
Committee to have this placed on Consent Agenda. The Committee unanimously agreed
to do so.
EEI Consulting Services for Amended Contract for Rob Roy Creek Hydrologic and
Hydraulic Study - (PW 9/22/03)
With respect to the flood plain study, Administrator Graff stated that it was recommended
by Engineering Enterprises, Inc. (EEI)to analyze the amount of water that flows to Rob
Roy Creek along the northeast portion of the watershed area they originally analyzed.
They are proposing an increase to their fixed fee contract amount by$37,925.00 for the
surveying, hydrologic and hydraulic modeling of 55 additional sections. Also included in
this study would be the amount of water that is retained in the depressional areas. It is
important to have this done, Administrator Graff stated, to justify the flow rate for the
Caledonia project, as EEI's previous statement was that the "water probably does NOT
travel in a direct flow rate to Rob Roy Creek, due to the depressional areas that hold it."
Mr. Graff stated that, Christopher Burke indicated that EEI did not conduct the
extensive study required in the tributary areas to juste the actual travel of water. It
was originally thought that the area that needed to be remapped was due to water flowing
to Blackberry Creek.
The original contract dated February 12, 2002 was for a fixed fee of$94,949. Alderman
Besco inquired if a portion of the additional expense of$37,925 could be passed on to
future developers, including the Bristol Club Subdivision. Mr. Graff stated that expenses
can be recaptured if it is determined from this study there is a direct relationship to these
other developments. Mr. Graff further stated that the County will not be deciding on the
request by the Bristol Club Subdivision to amend their PUD agreement until after the
study is completed. According to Mr. Kramer, if the study is strictly for the purpose of
modifying the one-year flood plain, then the recapture of money from the property
owners can be justified. This information would be necessary for FEMA and Freddie
Mac recovery as well.
Page 9 of 20
Mr. Graff stated that EEI originally recommended a fly-over with one foot contours, at a
cost of$220,000 to $250,000. It was decided instead that they do the initial two-foot
study and determine later if additional work needed to be done. He stated that this is not
an unusual scenario. Dan Kramer did review the language in the original contract and
determined that there was no reference to the proposed additional work and no language
stating that the work was "not to exceed a certain fee".
As per the Mayor's suggestion,this will be moved to City Council for consideration of
EEI's proposed additional expense which will be reflected in an amended contract, as
well as a determination as to where from the budget this expense will be taken, since
Inland has yet to pay the recapture from the Caledonia Subdivision. The recapture of
money for Kylyn's Ridge and Kimball Hill will take place based upon the certified
approval of the ID&R flow rate which is the basis for the 100-year flood plain study.
Both Administrator Graff and the Mayor stated that issues such as these have to continue
to be placed on the agenda, and final plat approval would have to be, "subject to the
determination of the final study of the flood plain area."
Alderman Besco inquired how long this additional study would take. Administrator
Graff stated that EEI quoted a time of six months. Christopher Burke did the work in
Kane County and Rob Roy Creek, whose flow rate numbers differ from that of EEI.
They are currently comparing information to determine where the flood plain line is.
This could mean a difference, according to Administrator Graff, of about 40 lots. The
Mayor stated that he knew they had final flow rate numbers obtained up to the county
line from Rob Roy. The study will begin after the harvest of this season's corn and beans.
This will be placed on the regular agenda to allow for further discussions.
Faxon Road Extension to Route 47 Engineering Scope of Services - (PW 9/22/03)
Administrator Graff stated that the Public Works Department approved of the proposal
from Engineering Enterprises, Inc. (EEI) to provide surveying and engineering services
to determine the centerline of the Faxon Road extension to Route 47. This proposal
would also include the preparation of the corresponding Plats of Dedication. Alderman
Besco indicated that the only question that was raised in his committee was the
acquirement of an easement through the parcel that the City would like to use as a right-
of-way. According to Mr. Graff, the meeting between Mr. Kramer and the land owner
has taken place, but the entire process would involve EEI completing their proposed work
to get the Plat showing the right-of-way with its boundaries showing exact location and
amount of land the City is asking for. This will then be presented to the home owner and
the property owner, Peter Washington. The property will be staked upon final
determination, after permission to enter the property has been obtained.
Upon Alderman Sticka's inquiry, the Mayor stated that the cost may possibly be recouped
by the adjacent developers. Attorney Kelly Kramer stated that since Illinois is a non-
Page 10 of 20
home-rule state, Yorkville cannot impose road impact fees upon the developers. This
cost becomes part of the comprehensive plan(to extend Faxon Road). Fees can be
requested from developers at the time of annexation and development. Ms. Kramer
warned the committee the need to proceed within the guidelines of the law and sites a
case that was recently settled in Naperville in which Illinois courts found it to be
unconstitutional to attempt to recover fees for this purpose.
Administrator Graff stated that they are not currently looking to develop the area;they
just need to plat it for the right-of-way application.
The Mayor stated that previously the City made attempts at putting together a formula
that would compute MPI's portion of the improvements to be paid, however, they could
not make them assume the entire cost, nor impose it on just one landowner, when the
road impacts so many within a large area. He asking to develop a"road improvement
fee" as it falls within the guidelines of the law.
This issue will be placed on City Council's Consent Agenda.
Grande Reserve-Perimeter Road Design Engineering Services - (PW 9/22/03)
Administrator Graff stated that they are beginning the Grande Reserve Project with
deadlines as follows: The Bristol Ridge Road is to be completed by September 2004, as
is the City's obligation in the annexation agreement.
The developer(MPI) agrees to fund the entire cost for this. Engineering Enterprises, Inc.
will also be doing the preliminary engineering design for the rest of the perimeter road.
Their total design fee will be $634,333.00. Administrator Graff is expecting a deposit of
$3.1 million by MPI. Soil borings have been done of the area, and recommendations
were received by Mr. Graff. Additional roadways and/or expansions will fall under the
Grande Reserve Fund.
Alderman Kot confirmed that those landowners along Kennedy Road will not suffer any
loss of property, as it will not become a"roadway". In response to this, the Mayor
clarified that there will still be work done along a portion of the property in front of
houses along Kennedy Road since that already exist as a right-of-way. Any expansion of
the right-of-way will be towards the development.
This issue will go on the Consent Agenda for City Council, with a note that approval for
EEI's services would be, "subject to deposit of the necessary funds by the developer. "
Snow Plows for Existing Public Works Trucks- (PW 9/22/03)
Alderman Besco stated that in preparation for the fast approaching snow season, Eric
Dhuse, Director of the Public Works Department, is requesting to purchase two snow
plows to be placed on two new trucks. With this purchase, all of the trucks in his
department will be equipped with snow plows. Mr. Besco stated that his department had
Page 11 of 20
funds in the budget for this purchase. Each snow plow will cost $3,074.00, according to
the quote from Monroe Truck Equipment. It was unanimously agreed by the Committee
to give their consent at this meeting to expedite the purchase.
Sale of Used Equipment- (PW 9/22/03)
Eric Dhuse stated that last year he asked for, and received permission to sell a one-ton
pickup and two squad cars. Since that time,there are two additional squad cars and
miscellaneous small equipment that has either been replaced by new units or has served
its useful life and is no longer fixable. He is asking the Committee permission to clean
out the old equipment to make room for the new. Alderman Besco brought up the fact
that the Public Works Department is limited in space. Upon Alderwoman Spears' inquiry
of Mr. Dhuse's procedure for sale, his response was that, in the past, it had done by
sealed bids. It was the consensus of the Committee that Mr. Dhuse would place these
items for sale by means of a public bid.
ECONOMIC DEVELOPMENT COMMITTEE
Building Permit Report for August 2003 - (EDC 9/15/03)
This was reviewed by the Committee and placed on the Consent Agenda for City
Council.
Yorkville Hill Landscaping PUD Agreement
Alderman Sticka stated this PUD Agreement refers to the property located on Route 126.
He referred to a letter from an adjacent property owner objecting to this rezoning. Mr.
Sticka told the Committee that the property owner has not given a reason for her
objection. Attorney Kelly Kramer stated that since this landowner has a 20% ownership
interest in the property contiguous to the annexed and rezoned property, and has
expressed an objection, the requirement is that it will require a simple majority vote of
City Council to approve the annexation and fee agreement. She further stated that, since
Illinois is not a home rule state, they do not have the power to do a forced annexation.
Further, Alderman Sticka stated that the developer would require the same buffering on
his property as was required for Wyndham Deerpoint, now known as Windett Ridge.
This is referenced in Exhibit "C" which referred to in the PUD Agreement but not
attached to the copy Mr. Sticka had at the time of the meeting. Attorney Kramer stated
that she intended to pull correspondences from Mike Schoppe and Ana Kurtzman to see
what the exact language was for the landscape and buffering as contained in Exhibit "C".
Once that is done, she will forward that to the developer.
Mr. Sticka stated that it was the intention of the developer to place a fence around the
side of the property that faces the highway. There is currently a resident at this property.
The neighbors have complained of frequent, noisy parties and debris and junk left on the
lawn. He would like to see the Council impose requirements to bring it up to standards.
Ms. Kramer pointed out that since the property is out of the city's limits, they cannot
Page 12 of 20
police this property.
The Mayor stated that the Agreement can have the language added to cover these issues
raised by Alderman Sticka. To ensure compliance to these building codes, a bond or a
letter of intent can be required and stated in the agreement as well. Attorney Kramer
agreed to add this language. Currently the draft contains language prohibiting anyone
from residing on the property. Mr. Sticka stated, that according to the property owner,
the reason that a person is currently residing there, is to keep watch over the equipment
he keeps stored there. Both the Mayor and Alderman Sticka are not comfortable with
allowing someone to remain on the property after it has been annexed.
It was unanimously agreed to have a city staff member do an initial inspection to
determine current building code violations. The time given to bring the property up to
standards will be one year. It was also agreed that the language that, "no one will be able
to reside on the property" will remain in the Agreement. This will be brought back to the
next Committee of the Whole to allow Ms. Kramer to make the revisions as discussed
Request to Amend PUD Agreement for Lot 3 Mulhern Court- (EDC 9/15/03)
Ron Reinert of Reinert Structures states that this project, located at 305 Mulhern, was
started in 1979 as a planned unit development for 32 units. This property is located on
the north side of Yorkville,bounded by Route 47, Countryside Drive and Kendall Drive.
There is a two-story, eight-unit apartment building on this parcel. The final plat
submitted in 1979 calls for two more 12-unit, three-story apartment buildings to be added
to it. The apartments that were constructed in 1979 were designated for rental or
condominium, upscale apartments. Each unit is approximately 1200 square feet, has
separate utilities, two full baths and two bedrooms. Mr. Reinert, along with his brother
(and business partner) George Reinert is requesting approval from the Council to move
forward to finish this project. .
Mr. Reinert's presentation this meeting was to give the historical background and the
legalities involved with respect to the PUD amendment. He is seeking the Council's
acceptance of variances from the ordinance.
Alderman Sticka stated that the original PUD agreement lacks essential information. He
further stated that covered parking cannot be provided as spelled out in the original PUD
agreement, due to lack of space. Setbacks have also been changed. Mr. Sticka stated that
the original PUD was recorded without the plat. It is his contention that when the City
Council originally approved this in 1979, they had to be looking at a plat. In response to
Alderman Sticka's comments, Leonard Sawosko, the owner of the property since1979
stated that he and his two partners had intentions of developing this for condominiums.
He further stated that exhibits were presented with a plat and elevations to the City
Council. For reasons unknown to him, certain wording with respect to his proposed PUD
did not make it into the city ordinance, even though all the requirements were met. He
applied for a building permit, which reflected everything that was approved by the City
Page 13 of 20
Council. This included the site plan,the elevations and the building plans, specifically
with respect to the size of the units and the building materials (such as the amount of face
brick that would be used). With respect to the documentation to prove this, he found only
cancelled checks from 1980 reflecting the payment of the building permits for the entire
building. Since the prime rate during that time rose to 21%,the project ceased and the
partnership was dissolved. He researched records and was able to locate the inspection
which is required to get a permit, but the actual permit cannot be located.
Many of the changes that have occurred over the years need to be reflected in the
amendment of the ordinance and will be viewed as changes that were "grandfathered in".
According to Alderman Sticka, these changes include the issues of covered parking and
storm water management. Of the latter, Smith Engineering has had a chance to review,
since there is very little room on the property for retention. Obviously then,this will
have to be managed differently from what was proposed in the original ordinance. He
needs to know if the Council agrees with Smith Engineering's plan for storm water
management. Peter Huinker of Smith Engineering was present and stated that his firm is
willing to work closely with Joe Wywrot to add all the amenities to meet the standards of
housing of today. Currently the infiltration trench runs along the north property line and
along the entire east property line. Borings that were taken from this site revealed top
soil and clay, with granular material below. Although the area is very limited, his plan
does provide for depressional areas for some detention value. Administrator Graff stated
that the ordinance requires on-site detention and parking lots for this type of property
when it is a minimum of 1.25 acres. Mr. Wywrot needs to give this his final review. It
was recommended that Council could vote on this, subject to his approval.
Ron and George Reinert plan to purchase the eight-unit building shown on the 1980 site
plan, along with the two other buildings they want to construct. The foundation for the
12-unit building has been in the ground for the last twenty years. They are attempting to
follow the same plan from 1979, because, Ron Reinert states, it is a workable plan, which
is not that much outdated by today's standards. The variance they are requesting is with
respect to the original PUD agreement, which locks them in to a required density. Ms.
Kramer stated that in order to comply with today's subdivision control regulations this
will have to be amended. This what will go to public hearing, with the specific variances
to comply with today's codes.
Of the existing eight-unit building, George Reinert plans to upgrade both the front and
back elevation,and will be adding handicap access on the first floor, which might attract
senior citizens and the handicapped. In following the ADA's regulations, he also intends
to place the required number of handicap parking spaces. Since he and his brother reside
in Yorkville, and have had experience in rental property ownership, they intend to build,
own and manage this property. Administrator Graff stated that the PUD amendment will
go to public hearing at the next City Council meeting on October 14, 2003.
Page 14 of 20
PUBLIC SAFETY COMMITTEE
Police Reports for August 2003
Alderman Kot stated that since the Public Safety Committee did not meet in September,
he wanted to have August's Police Reports reviewed so they can be placed on the City
Council Agenda. As the Mayor pointed out, for Committee members who have been
asked where the speed trailer has been utilised, a portion of the police report gives
weekly detailed information as to the various locations of the speed trailer. This will be
placed on Consent Agenda for City Council.
ADMINISTRATION COMMITEE
Proposal for Brownfield's Redevelopment Grant Application- (Admin. 6/12/03)
Alderwoman Spears reported that approval for this grant has been received. The
Professional Services Agreement of Envirogen, Inc. was presented to the Committee.
Administrator Graff stated that the project can begin upon execution of this Agreement.
He further stated that the grant application process will define the scope of services and
their proposed fees of$25,000. Only$5,000 is needed to begin the work, while they
await the grant award. Administrator Graff stated that currently there is not money in the
budget to front this money. He expects the application process to take ninety days, with a
site review expected in thirty days. The property owner, he stated, has to be part of the
redevelopment plan. Ms. Spears indicated that the Administration Committee has
recommended approval to move forward with this. It will be placed on Consent Agenda.
Draft 2002 -2003 Audit- (COW 9/16/03)
City Administrator Anton Graff reviewed with the Committee the revised Audit pages, as
specified in a memo from Traci Pleckham, Finance Director. The police pension fund
was the only area that she saw a discrepancy. They are still awaiting the letter from
Yorkville National Bank indicating that deposits are fully collateralized, which was not
verified at the time of the audit. The Committee unanimously agreed to accept this Audit
with the proposed corrections in order for City Treasurer Bill Powell to proceed with his
month-end reporting. This will be placed on the City Council's regular agenda.
Employee Manual- (Admin. 3/13/03, COW 6/3/03, 6/15/03 and 8/5/03)
Alderwoman Spears stated that she would prefer to review the corrections previously
noted with Mr. Graff and have the final corrected draft presented again to this Committee
at a future meeting.
Alderwoman Burd brought up a statistic that was stated at the Municipal League that,
"More than 80% of various city's councils had the responsibility of reviewing their City
Administrator." She references Section 1.3.1 of this manual that states, "The City
Council of the United City of Yorkville shall exercise control over personnel only through
the adoption of the City's Annual Budget, Pay Plan, confirmation of the Mayor's
appointment, or by the adoption of ordinances and resolutions as deemed necessary by
Page 15 of 20
this Council. " She would like an opportunity to review this section, as it was the
Municipal League's recommendation that an effective performance review cannot be
determined by only one person, which in the case of the City of Yorkville, is the Mayor.
The Mayor stated that, as he was at the same meeting as Alderwoman Burd, recalls their
continued reference to the city manager which would be indicative of a different type of
governing body than what Yorkville has. He pointed out that he also reviews the Parks
and Recreation Director and the Chief of Police. The understanding is that in the type of
government where a city manager exists, only the city manager is reviewed by the City
Council.
The Mayor recommended the Administration Committee review this section in the
Employee Manual and consider setting a policy for overseeing reviews.
The Mayor stated that it was also recommended in the Municipal League meeting that a
"goal study meeting" be conducted. He has already recommended to City staff members
to have such a meeting to be held prior to the final budget season(he thought, possibly
sometime in November). This will allow all staff to fully understand what the goals are
and what course of action has or will need to be taken to achieve them. This will
ultimately allow priorities to be set for the budget.
Alderwoman Spears stated that all issues raised will be discussed at the next
Administration Committee on October 9, 2003.
PARK BOARD
Country Hills Park Concept Plan - (Park Board 9/22/03)
Parks and Recreation Director Laura Brown presented the Country Hills Park Concept
Design as was discussed previously in a Park Board meeting. This is a two-acre parcel of
land containing severe slope elevations that must fit in with Phase II of the Country Hills
housing development. Much work has been done with Mike Schoppe of Schoppe Design
Associates with respect to the grading plans. This needed reconfiguration due to the
elevations, which made it impossible to place a baseball field in this park It does,
however, have a half-court for basketball and a practice field, which can be also used as a
general play area. Mr. Schoppe was requested to place, as alternates, a drinking fountain
and a shelter. The construction costs for these are Mr. Schoppe's estimates. The actual
costs will be determined when this goes to bid. In an effort to reduce costs, Ms. Brown
suggested to the developer that the final grading(top soil) and seeding be done after the
placement of the playground.
This park will have a "fort-type theme" playground that will fit in with the natural
development of the area. This will be the
City's first fully accessible playground, with a full ramp for wheelchair-bound children.
This, she stated, was the biggest cost, but the contour of this parcel of land did in fact
lend itself to this plan. Her intent is to use this plan on a regional basis, that is, to have all
Page 16 of 20
future developments of parks to be designed for full handicap accessibility.
Ms. Brown stated that land cash for this has a life span of ten years, and the Country Hills
development is just over eight years in existence. Park Board standards are such that, a
park is not built until the development is at least at 65%built out. The exception here is
that the maturation deadline of land cash is near. If not used within that time, the dollars
are converted back to the developer. This, as Ms. Brown explained, is the reason they
need to move forward with this park. She also stated that the park side is on Phase I and
Country Hills has just started developing Phase II. Neighbors from that development
have been asking over the last eight years when they will get their park. Developers were
finally able to grade the park to the City's specifications this year to arrive at the proposed
Concept Design.
The Park Board is asking for approval from City Council to move forward from this
concept plan to an on-site public input meeting. Upon approval to move forward, Ms.
Brown intends to place a public notice advertisement as well as send notice to every
house in the area. This will not be a public hearing, but a public gathering done as a
courtesy to the residents to express their opinions. Mr. Schoppe and his staff would be in
attendance for this to review residents' input with respect to alternates to the various
structures proposed for the park. The Mayor recommended that Aldermen attend this
meeting as well. Ms. Brown reiterated that due to the elevations, a baseball field would
not be possible. Residents would have the opportunity to review the same Concept
Design as was presented to the Committee of the Whole. This will then need to come
back to City Council for final approval.
Beecher Use
Ms. Brown stated that recently, there has been much discussion regarding non-for-profit
groups using the Beecher Community Center. She has outlined in a memo addressed to
the Mayor and Administrator Graff those issues that require the Council's direction.
There seems to be much confusion as to what the policy is with respect to use of Beecher
Community Center. Some of the questions in her memo that need addressing are,
"Should there be a limit on user frequency and space, to allow for other community
groups?" "Should the City specify certain day(s)for community group use of the
building?"and "Since Park and Recreation Department has a need for programming
space, should the department's program's take priority over all building users?"
Rose Spears opened the discussion with her statement that top priority should be given to
the Golden Diners and senior citizens because, she believes, that was the initial intent
when money was donated for this building. The Mayor clarified Mrs. Spears' statement,
by citing the history that, when the building was built, a portion of the dollars was given
to the City by the Austin family, and a portion of the cost came from a grant. This grant
stipulated that this building would be used for "senior recreational purposes" for a
minimum of twenty years. The Mayor stated that many groups, such as the Lions Club
and the Boy Scouts have also made contributions to the Center, either monetarily or
Page 17 of 20
through work done to the property, which also use the Center. He asked how can a
determination been done as to who should be allowed to use it with so many groups
asking for its use? In attempts at reducing congestion at the Beecher Center, he
acknowledges the recent agreement with the schools to utilise their facilities for the
various groups needing a place to meet. Obviously, there would be no availability during
the day when school is in session or when after-school programs are being run. The
Mayor requested the Committee to come up with ideas that would allow all groups to be
accommodated. Suggestions brought up in the past included moving the office space out
of the Beecher Center to another area, prioritizing and coordinating its use between
groups with the specific night of the week needed.
The Mayor acknowledges that there is a perception that, "the seniors are being evicted
from the building". The Mayor stated that he wanted to set the record that there has
never been discussions in Council meetings during his 11-year tenure to move the seniors
out of the Beecher Center.
Alderwoman Spears is asking the Council to support her view that the seniors should
have priority over the Center's use, in spite of the fact that the grant requirement expired
two years ago. She is concerned that their hours have been changed.
Alderwoman Ohare asked if an additional room could be built on to the Center. The
Mayor stated that with the architectural design of the building, additions would be
difficult, but not impossible, and the Committee should consider that as a possibility. He
also stated that the City does not have a true auditorium. He asked the Committee to
keep these types of issues at the forefront as the City and the school district move toward
growth and redevelopment. Mrs. Spears is requesting that as new developments come in,
a separate senior facility could be incorporated strictly for their use.
Alderwoman Spears has asked to have this issue brought back to the Committee of the
Whole since she is expecting to meet with Mrs. Austin to be able to present history and
supporting documentation to the Committee before policies are decided upon.
Fox Hill Ball field Design - (Park Board 9/22/03)
Parks and Recreation Director Laura Brown stated that a pony-league sized ball field
with a clay infield has been proposed for the Fox Hill west park, which is currently an
open field area with a trail. This sits on a corridor road with available parking in that
area. If approved, she expects this to be done in time for next year's baseball season. At
the time of this meeting, a hand-sketched drawing was presented for the Committee's
review. She further stated that no houses would be impacted by this ball field, since balls
from the field would be hit toward the creek, and given the fact that there is plenty of
open area. Ms. Brown stated that the work could be done by Scott Sleezer and his staff,
and the only cost would be for the clay mix and a back stop. There is a drop off(slope)
toward the back of the lot to the north, restricting optimal use of the park. Park Board
previously accepted this proposal, and Ms. Brown is asking the Committee permission to
Page 18 of 20
move forward with this design to a public input session. The Committee unanimously
agreed to move forward with this.
Paving Quote (Park Board 9/22/03)
Ms. Brown stated Scott Sleezer has prepared a Paving Quote Comparison for the ball
field parking lot just off of Van Emmon that needs repairing and paving, as well as the
completion of the paving of the connecting pathway at Riverfront Park. She would like
also to have a parking lot and driveway paved at the Riverfront Building rather than the
gravel area that currently exists. Mike Schoppe is working on a landscape plan for this
building as well. The Park Board approved the funds necessary to do this work, utilising
$8,000 of the land cash budget from the Van Emmon Funds and$101,564 from General
Reserve Funds.
Ms. Brown is asking to move forward with approval by the Council for the land cash
expenditures. The Mayor stated that since the cash would come from the general fund,
but not specifically itemized, AND the cost for paving exceeds $10,000, this would need
to go to City Council requiring approval by a two-third's majority vote. If not done by
majority vote, the bidding process would be by sealed bids only.
It was decided by the Committee to have this placed on the Public Works Agenda to
define the amount of surface mix(in inches)the City would require for the Riverfront
path extension, since quotes from each of the three paving companies specify a different
number of inches. This would make the price differ greatly between quotes, depending
on the amount of surface mix that is being proposed.
ADDITIONAL BUSINESS
Mr. Sticka brought to the attention of the Committee the October 6, 2003 issue of the
New Yorker that he came across which contains an article, written by Jonathan Franzen,
about Dennis Hastert. He stated that this article contained numerous references to the
City of Yorkville and contained a picture from the Fourth of July parade in which Mr.
Franzen is riding in the fire truck with Mr. Hastert. He recommended the Committee to
pick up this issue to read.
With respect to the Tourism Council's invitations delivered, Alderwoman Burd
encouraged the members of the Committee to attend the Tourism Council's
Seminar/Workshop which will take place on October 22, 2003.
Alderwoman Burd stated that with respect to the architectural overlay ordinance that will
soon be going to public hearing, it does not address the concerns of residential character
she raised at a previous C.O.W. meeting. She is requesting that this not go to public
hearing until this issue gets addressed. Her assumption was that after discussions with
Ana Kurtzman, this ordinance would reflect the need to maintain the residential character
of both new and existing buildings, even if use changes. Attorney Kelly Kramer stated
Page 19 of 20
that since notification has already gone out for public hearing, it will indeed take place.
She suggested to Alderwoman Burd that she address Ms. Kurtzman after the public
hearing. Since this is not truly an issue that should be brought up in additional business,
it was decided by the Mayor that he would discuss this with Ms. Kurtzman.
The Mayor reminded the Committee that the Homecoming Parade would take place on
Saturday, October 11, 2003 at
9:30 a.m. He asked the Committee to participate by walking with him.
Alderwoman Spears indicated that previously a list was circulated that reflected those
properties that required minor upkeep, such as weed control, replacing lights burnt out,
etc. She was not sure what department was handling the reporting of this, but would like
to have this maintained again, as she believed this to be a helpful tool. Specifically with
respect to weed control, Alderwoman Burd stated that there was a public safety issue that
should be reflected on this list for the area of King and River Streets. The weeds have
grown onto the roadway, she stated, which could possibly obstruct safe traffic flow.
Alderman Besco addressed the issue of commercial vehicle parking in residential areas.
He stated that, although this is a blue collar community with residents needing to park
their semi trucks in their driveways, he would like to see a weight requirement such as no
trucks over 1-ton be allowed to park on residential property. Ms. Kramer believes that
the ordinance already specifies this. She stated that she would need to check to see if this
falls under zoning or an ordinance violation. The Mayor recommended that this issue be
brought to the Economic Development Committee to review the issue, which he believes
to be that of a zoning violation.
Mr. Besco brought up a discussion that took place at a previous Public Works Committee
with respect to salary surveys that had been done. The Mayor stated that this was done
previously on a regional basis, and may be somewhat updated. Mr. Besco would like to
see an adjustment to the Director of Public Work's salary. The Mayor recommended that
Mr. Besco propose a salary review for the Director of Public Works in either the
Administration Committee or the Public Works Committee. He requested that the
Administration Committee also review the salaries of the Aldermen and Alderwomen,
since it has been approximately three years since the last review, (prior to the election in
2001) according to the Mayor's recollection.
Alderwoman Ohare stated that she enjoyed the IML Conference, appreciated having the
opportunity to attend and believed that quite a lot of valuable material was covered. She
stated that she, "got a lot out of the Conference."
The Mayor reminded the Committee members that the Parks Department will be having a
City Halloween Program on October 25, 2003. Some of the activities include business
trick-or-treating from 10:00 a.m. to 1:00 p.m., the Countryside Center will be having a
costume parade and free movies, a scarecrow and pumpkin decorating contest and an
Page 20 of 20
Egg Hunt at the park in the evening, He also stated that the Dare car will be at the Jewel
Food Store on this day.
Mr. Powell stated that there is currently an Income Tax Amnesty Program provided by
the State of Illinois which will be in effect from October through the end of November.
This program allows for penalties and interest payments from past due income taxes to be
forgiven by the State.
Meeting Adjourned at 10:15 p.m.
Respectfully submitted by Gail-Marie Denton.
DATE: 01/09/04 UNITED CITY OF YORKVILLE PAGE: 1
TIME: 15:02:08 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 01/13/2004
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
ABACUS ABACUS/ATLAS, INC.
14761 12/16/03 01 BATTERY PACKS 0121062005408 01/13/04 132.55
INVOICE TOTAL: 132.55
VENDOR TOTAL: 132.55
AROLAB ARRO LABORATORY, INC_
31787 12/12/03 01 WATER SAMPLES 5100065005822 01/13/04 198.00
INVOICE TOTAL: 198.00
VENDOR TOTAL: 198.00
AXELSONG AXELSON, GUADALUPE
MILEAGE2 12/24/03 01 CENSUS MILEAGE 0111062005403 01/13/04 11.16
INVOICE TOTAL: 11.16
VENDOR TOTAL: 11.16
BCBS BLUE CROSS BLUE SHIELD
121503 12/15/03 01 JANUARY HEALTH INSURANCE 0111050005203 01/13/04 36,166.71
INVOICE TOTAL: 36,166.71
VENDOR TOTAL: 36,166.71
BEHRB BEHRENS, BRETT
121503 12/15/03 01 VISION ASSISTANCE 0111050005205 01/13/04 190.00
INVOICE TOTAL: 190.00
VENDOR TOTAL: 190.00
BIVENST BIVENS, TABITHA
MILEAGE2 12/24/03 01 CENSUS MILEAGE 0111062005403 01/13/04 5.40
INVOICE TOTAL: 5.40
VENDOR TOTAL: 5.40
BRADYT BRADY, THERESA
DATE: 01/09/04 UNITED CITY OF YORKVILLE PAGE: 2
TIME: 15:02:08 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 01/13/2004
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
BRADYT BRADY, THERESA
102703 10/27/03 01 MINUTES 0111062005401 01/13/04 65.00
INVOICE TOTAL: 65.00
VENDOR TOTAL: 65.00
COMDIR COMMUNICATIONS DIRECT INC
59842 12/19/03 01 REPAIR CUSTOM CAMERA - M11 0121062005409 01/13/04 440.00
INVOICE TOTAL: 440.00
59843 12/19/03 01 REPAIR CAMERA - M11 0121062005409 01/13/04 69.50
INVOICE TOTAL: 69.50
60124 12/19/03 01 ROTATOR BULB/MICROPHONE M8&M14 0121062005409 01/13/04 229.41
INVOICE TOTAL: 229.41
66853 12/15/03 01 PORTABLE RADIO 0121062005421 01/13/04 1,003.00
INVOICE TOTAL: 1,003.00
66854 12/15/03 01 PORTABLE RADIO 0121062005421 01/13/04 1,003.00
INVOICE TOTAL: 1,003.00
VENDOR TOTAL: 2,744.91
CONNK CONN, KAREN
MILEAGE2 12/24/03 01 CENSUS MILEAGE 0111062005403 01/13/04 33.12
INVOICE TOTAL: 33.12
VENDOR TOTAL: 33.12
CTS CONSTRUCTION TESTING SERVICES
4906 12/11/03 01 ASPHAL T DENSITY 0115062005401 01/13/04 68.00
INVOICE TOTAL: 68.00
4907 12/11/03 01 CONCRETE TESTING 0141075007100 01/13/04 569.00
INVOICE TOTAL: 569.00
DATE: 01/09/04 UNITED CITY OF YORKVILLE PAGE: 3
TIME: 15:02:08 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 01/13/2004
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
CTS CONSTRUCTION TESTING SERVICES
4908 12/11/03 01 DENSITY TESTING 1600075007202 01/13/04 150.00
INVOICE TOTAL: 150.00
VENDOR TOTAL: 787.00
DAVISONS DAVISON, STEPHEN
MILEAGE2 12/24/03 01 CENSUS MILEAGE 0111062005403 01/13/04 63.72
INVOICE TOTAL: 63.72
VENDOR TOTAL: 63.72
DAVISP DAVIS, PATRICIA
MILEAGE2 12/24/03 01 CENSUS MILEAGE 0111062005403 01/13/04 1.80
INVOICE TOTAL: 1.80
VENDOR TOTAL: 1.80
DLCOOK D.L. COOK CORP.
JC2002143 12/17/03 01 CITY HALL PROJECT 1600075007202 01/13/04 395.00
INVOICE TOTAL: 395.00
PAYOUT #9 12/11/03 01 CITY HALL/POLICE DEPT 1600075007202 01/13/04 4,516.02
INVOICE TOTAL: 4,516.02
VENDOR TOTAL: 4,911.02
DUYS DUY'S COMFORT SHOES
2061 01/06/04 01 BOOTS - GROESCH 0121062005421 01/13/04 119.70
INVOICE TOTAL: 119.70
VENDOR TOTAL: 119.70
DYONJ DYON, JUDY
123003 12/30/03 01 VISION ASSISTANCE 0111050005205 01/13/04 300.00
INVOICE TOTAL: 300.00
VENDOR TOTAL: 300.00
DATE: 01/09/04 UNITED CITY OF YORKVILLE PAGE: 4
TIME: 15:02:08 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 01/13/2004
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT 0 P.O. 0 DUE DATE ITEM AMT
FOXVALLY FOX VALLEY SEWER SERVICES INC
2003-1174 12/17/03 01 RODDING 1600062005416 01/13/04 245.00
INVOICE TOTAL: 245.00
VENDOR TOTAL: 245.00
FREEMANP FREEMAN, PHILLIP
MILEAGE2 12/24/03 01 CENSUS MILEAGE 0111062005403 01/13/04 2.16
INVOICE TOTAL: 2.16
VENDOR TOTAL: 2.16
FVTA FOX VALLEY TROPHY & AWARDS
17668 10/02/03 01 NAME PLATES 0115065005802 01/13/04 56.00
INVOICE TOTAL: 56.00
VENDOR TOTAL: 56.00
GIPED GIPE, DINA
121003 12/10/03 01 MINUTES 0111062005401 01/13/04 55.00
INVOICE TOTAL: 55.00
VENDOR TOTAL: 55.00
GOSSB GOSS, BETH
MILEAGE2 12/24/03 01 CENSUS MILEAGE 0111062005403 01/13/04 41.40
INVOICE TOTAL: 41.40
VENDOR TOTAL: 41.40
GROESCHB GROESCH, BARRY
010504 01/05/04 01 VISION ASSISTANCE 0111050005205 01/13/04 208.49
INVOICE TOTAL: 208.49
VENDOR TOTAL: 208.49
GRTAMLES GREATAMERICA LEASING CORP.
DATE: 01/09/04 UNITED CITY OF YORKVILLE PAGE: 5
TIME: 15:02:08 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 01/13/2004
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
GRTAMLES GREATAMERICA LEASING CORP.
3520450 12/27/03 01 JANUARY LEASE PAYMENT 0111062005412 01/13/04 1,616.00
INVOICE TOTAL: 1,616.00
VENDOR TOTAL: 1,616.00
HARTR HART, RICHARD
122203 12/22/03 01 TUITION REIMBURSMENT 0121064005608 01/13/04 740.00
INVOICE TOTAL: 740.00
VENDOR TOTAL: 740.00
HEBRED HEBREARD, DAN
121903 12/19/03 01 DENTAL/VISION ASSISTANCE 0111050005205 01/13/04 347.80
INVOICE TOTAL: 347.80
VENDOR TOTAL: 347.80
HENNE HENNE CONSTRUCTION & ELECTRIC
23420 12/18/03 01 STREET LIGHT REPAIR 0100013001372 01/13/04 100.00
INVOICE TOTAL: 100.00
VENDOR TOTAL: 100.00
HILLSS HILLS, SUSAN
MILEAGE2 12/24/03 01 CENSUS MILEAGE 0111062005403 01/13/04 12.96
INVOICE TOTAL: 12.96
VENDOR TOTAL: 12.96
HOLSEPT HOLLEY SEPTIC SERVICE
1771 12/27/03 01 PUMP PARKS & REC 5200062005422 01/13/04 100.00
INVOICE TOTAL: 100.00
VENDOR TOTAL: 100.00
HOSEYT HOSEY, THERESA
DATE: 01/09/04 UNITED CITY OF YORKVILLE PAGE: 6
TIME: 15:02:08 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 01/13/2004
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
HOSEYT HOSEY, THERESA
MILEAGE2 12/24/03 01 CENSUS MILEAGE 0111062005403 01/13/04 7.20
INVOICE TOTAL: 7.20
VENDOR TOTAL: 7.20
ILLEPA ILLINOIS ENVIRONMENTAL
LOAN#L17-0130 12/31/03 01 SSES LOAN PAYMENT 4200066006055 01/13/04 19,489.99
INVOICE TOTAL: 19,489.99
VENDOR TOTAL: 19,489.99
JCM JCM UNIFORMS, INC.
536538 12/18/03 01 UNIFORM - HART 0121062005421 01/13/04 246.75
INVOICE TOTAL: 246.75
VENDOR TOTAL: 246.75
JIMSTRCK JIM'S TRUCK INSPECTION
10019A 10/31/03 01 VEHICLE INSPECTIONS 0141062005409 01/13/04 180.50
INVOICE TOTAL: 180.50
VENDOR TOTAL: 180.50
JOHNSONB JOHNSON, BETHANY
MILEAGE2 12/24/03 01 CENSUS MILEAGE 0111062005403 01/13/04 41.76
INVOICE TOTAL: 41.76
VENDOR TOTAL: 41.76
KLINGELT KLINGEL, TERRY
010704 01/07/04 01 DENTAL ASSISTANCE 0111050005205 01/13/04 302.00
INVOICE TOTAL: 302.00
VENDOR TOTAL: 302.00
LAMANTIA LAMANTIA, JEANINE
DATE: 01/09/04 UNITED CITY OF YORKVILLE PAGE: 7
TIME: 15:02:08 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 01/13/2004
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
LAMANTIA LAMANTIA, JEANINE
MILEAGE2 12/24/03 01 CENSUS MILEAGE 0111062005403 01/13/04 6.48
INVOICE TOTAL: 6.48
VENDOR TOTAL: 6.48
LANDMRK LANDMARK AUTOMOTIVE
010504 01/05/04 01 COIL ASSY. M3 0121062005409 01/13/04 118.18
INVOICE TOTAL: 118.18
010604 01/06/04 01 REPAIR M2- BELT 0121062005409 01/13/04 82.33
INVOICE TOTAL: 82.33
122203 12/22/03 01 HUB ASSEMBLY/FUEL CAP - M4 0121062005409 01/13/04 369.97
INVOICE TOTAL: 369.97
122303 12/23/03 01 BATTERY - M3 0121062005409 01/13/04 86.19
INVOICE TOTAL: 86.19
VENDOR TOTAL: 656.67
LARSONE LARSON, ELLEN
MILEAGE2 12/24/03 01 CENSUS MILEAGE 0111062005403 01/13/04 36.00
INVOICE TOTAL: 36.00
VENDOR TOTAL: 36.00
LAYNWEST LAYNE-WESTERN
PAYOUT 1 12/22/03 01 WELL NO 7 4100061005408 01/13/04 209,241.00
INVOICE TOTAL: 209,241.00
VENDOR TOTAL: 209,241.00
LOGOMAX LOGOMAX
2003-222 12/01/03 01 TURTLENECKS 0121062005421 01/13/04 720.00
INVOICE TOTAL: 720.00
VENDOR TOTAL: 720.00
DATE: 01/09/04 UNITED CITY OF YORKVILLE PAGE: 8
TIME: 15:02:08 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 01/13/2004
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
MENARD MENARD, INC.
79814 12/28/03 01 BATTERIES 0121065005804 01/13/04 15.92
INVOICE TOTAL: 15.92
80760 01/02/04 01 ROLLERS/PAINT/SCREWDRIVER 0121065005804 01/13/04 60.12
INVOICE TOTAL: 60.12
81399 01/05/04 01 BATTERIES/UTILITY BRUSH 0121065005804 01/13/04 41.86
INVOICE TOTAL: 41.86
VENDOR TOTAL: 117.90
METLIFE METLIFE SMALL BUSINESS CENTER
121503 12/15/03 01 JANUARY LIFE INSURANCE 0111050005204 01/13/04 1,305.51
INVOICE TOTAL: 1,305.51
VENDOR TOTAL: 1,305.51
MOOREJ MOORE, JOE
010804 01/08/04 01 DENTAL ASSISTANCE 0111050005205 01/13/04 352.00
INVOICE TOTAL: 352.00
VENDOR TOTAL: 352.00
MSI MUNICIPAL SOFTWARE INC.
18918 12/14/03 01 YEAR END TRAINING 0111064005604 01/13/04 92.00
INVOICE TOTAL: 92.00
18939 12/16/03 01 TRAVEL EXPENSES 0111064005605 01/13/04 51.84
INVOICE TOTAL: 51.84
ESCROW FEE 10/07/03 01 SOFTWARE ESCROW FEE 0111062005437 01/13/04 100.00
INVOICE TOTAL: 100.00
VENDOR TOTAL: 243.84
NATLWTR NATIONAL WATERWORKS, INC.
DATE: 01/09/04 UNITED CITY OF YORKVILLE PAGE: 9
TIME: 15:02:08 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 01/13/2004
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
NATLWTR NATIONAL WATERWORKS, INC.
1571 12/12/03 01 METERS 5100075007508 01/13/04 3,009.51
INVOICE TOTAL: 3,009.51
9968899 12/12/03 01 METERS 5100075007508 01/13/04 691.64
INVOICE TOTAL: 691.64
VENDOR TOTAL: 3,701.15
NATVISIN NATIONAL VISION CONSULTANTS
RENEWAL 12/03/03 01 RENEWAL 0121064005607 01/13/04 1,000.00
INVOICE TOTAL: 1,000.00
VENDOR TOTAL: 1,000.00
NELSON NELSON ENTERPRISES, INC.
123103 12/31/03 01 ADVERTISING 0111065005810 01/13/04 120.00
INVOICE TOTAL: 120.00
VENDOR TOTAL: 120.00
NUCPS NUCPS/TI ALUMNI ASSOCIATION
DUES 01/01/04 01 DUES 0121064005600 01/13/04 25.00
INVOICE TOTAL: 25.00
VENDOR TOTAL: 25.00
OHERRON O'HERON RAY
16960 12/19/03 01 SHIRTS/PANTS - KLINGEL 0121062005421 01/13/04 484.15
INVOICE TOTAL: 484.15
16961 12/19/03 01 SHIRT/SERVICE BARS - CALVERT 0121062005421 01/13/04 122.70
INVOICE TOTAL: 122.70
17042 12/26/03 01 PANTS - DIEDERICH 0121062005421 01/13/04 100.85
INVOICE TOTAL: 100.85
VENDOR TOTAL: 707.70
DATE: 01/09/04 UNITED CITY OF YORKVILLE PAGE: 10
TIME: 15:02:08 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 01/13/2004
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
OOSTERBN OOSTERBAAN & SONS CO
PAYOUT #9 12/11/03 01 CITY HALL/POLICE DEPT 1600075007202 01/13/04 8,613.00
INVOICE TOTAL: 8,613.00
VENDOR TOTAL: 8,613.00
PARADISE PARADISE CAR WASH
113103 11/30/03 01 CAR WASHES 0121065005804 01/13/04 40.55
INVOICE TOTAL: 40.55
123103 12/31/03 01 CAR WASHES 0121062005409 01/13/04 65.55
INVOICE TOTAL: 65.55
123103A 12/31/03 01 CAR WASH 0111078009004 01/13/04 11.95
INVOICE TOTAL: 11.95
VENDOR TOTAL: 118.05
PATTEN PATTEN INDUSTRIES, INC.
P0630007672 12/09/03 01 ENGINE REPAIR 0100013001372 01/13/04 419.00
INVOICE TOTAL: 419.00
VENDOR TOTAL: 419.00
PFPETT P.F. PETTIBONE & CO.
5565 12/18/03 01 MINUTE BOOKS 0111065005804 01/13/04 399.55
INVOICE TOTAL: 399.55
VENDOR TOTAL: 399.55
PHILIPS PHILIPS MEDICAL SYSTEMS
9000166907 12/18/03 01 HEARTSTART AED 2000075007001 01/13/04 1,400.00
INVOICE TOTAL: 1,400.00
VENDOR TOTAL: 1,400.00
PRELUBE PRECISION LUBE
DATE: 01/09/04 UNITED CITY OF YORKVILLE PAGE: 11
TIME: 15:02:08 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 01/13/2004
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
PRELUBE PRECISION LUBE
122703 12/27/03 01 OIL CHANGES 0121062005409 01/13/04 100.00
INVOICE TOTAL: 100.00
VENDOR TOTAL: 100.00
RAKOWS RAKOW'S FURNITURE, INC.
81056 11/26/03 01 FURNITURE 1600075007202 01/13/04 1,156.55
02 FURNITURE 0121062005408 947.93
INVOICE TOTAL: 2,104.48
VENDOR TOTAL: 2,104.48
ROSATIS ROSATI'S
121703 12/17/03 01 CENSUS APPRECIATION LUNCHEON 0111064005607 01/13/04 59.99
INVOICE TOTAL: 59.99
VENDOR TOTAL: 59.99
RWDEV R.W. DEVELOPMENT
RECAPTURES 12/29/03 01 RECAPTURE REIMBURSEMENT 4200044004440 01/13/04 1,098.12
INVOICE TOTAL: 1,098.12
VENDOR TOTAL: 1,098.12
SALISM SAILSBURY, MARGARET
122803 12/28/03 01 CLEAN P.W. 5200062005401 01/13/04 100.00
INVOICE TOTAL: 100.00
VENDOR TOTAL: 100.00
SBC SBC
122503 12/25/03 01 P.D. FAX 0121062005436 01/13/04 43.07
INVOICE TOTAL: 43.07
VENDOR TOTAL: 43.07
DATE: 01/09/04 UNITED CITY OF YORKVILLE PAGE: 12
TIME: 15:02:08 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 01/13/2004
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
SEYFARTH SEYFARTH, SHAW, FAIRWEATHER
927999 12/31/03 01 LABOR RELATIONS 0111061005300 01/13/04 131.05
INVOICE TOTAL: 131.05
VENDOR TOTAL: 131.05
SLEEZJ SLEEZER, JOHN
122703 12/27/03 01 DENTAL ASSISTANCE 0111050005205 01/13/04 136.00
INVOICE TOTAL: 136.00
122703A 12/27/03 01 DENTAL ASSISTANCE 0111050005205 01/13/04 228.00
INVOICE TOTAL: 228.00
VENDOR TOTAL: 364.00
SMITHL SMITH, LARRY
MILEAGE2 12/24/03 01 CENSUS MILEAGE 0111062005403 01/13/04 41.76
INVOICE TOTAL: 41.76
VENDOR TOTAL: 41.76
THEODORE THEODORE POLYGRAPH SERVICES
14248 12/30/03 01 POLYGRAPH SERVICES 0121062005431 01/13/04 500.00
INVOICE TOTAL: 500.00
VENDOR TOTAL: 500.00
THOMASG THOMAS, GARY
MILEAGE2 12/24/03 01 CENSUS MILEAGE 0111062005403 01/13/04 35.28
INVOICE TOTAL: 35.28
VENDOR TOTAL: 35.28
THWAITES THWAITES, LYNNETTE
MILEAGE2 12/24/03 01 CENSUS MILEAGE 0111062005403 01/13/04 6.12
INVOICE TOTAL: 6.12
VENDOR TOTAL: 6.12
DATE: 01/09/04 UNITED CITY OF YORKVILLE PAGE: 13
TIME: 15:02:08 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 01/13/2004
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
UNDERWA UNDERWOOD, ALYSE
MILEAGE2 12/24/03 01 CENSUS MILEAGE 0111062005403 01/13/04 5.04
INVOICE TOTAL: 5.04
VENDOR TOTAL: 5.04
UNIFIED UNIFIED SUPPLY
88240 12/23/03 01 CONNECTOR COMMUNICATION 5100075007508 01/13/04 194.20
INVOICE TOTAL: 194.20
VENDOR TOTAL: 194.20
VOGUSM VOGUS, MARILYN
MILEAGE2 12/24/03 01 CENSUS MILEAGE 0111062005403 01/13/04 6.48
INVOICE TOTAL: 6.48
VENDOR TOTAL: 6.48
WILLDEV WILLIAMS DEVELOPMENT
PAYOUT #9 12/11/03 01 CITY HALL/POLICE DEPT 1600075007202 01/13/04 8,754.96
INVOICE TOTAL: 8,754.96
VENDOR TOTAL: 8,754.96
WILLIAMA WILLIAMS, ANNETTE
010504 01/05/04 01 MILEAGE 0111064005605 01/13/04 32.22
INVOICE TOTAL: 32.22
VENDOR TOTAL: 32.22
WILLIAMS WILLIAMS ARCHITECTS
10579 12/12/03 01 CITY HALL 1600075007202 01/13/04 1,414.28
INVOICE TOTAL: 1,414.28
VENDOR TOTAL: 1,414.28
WILLISR WILLIS, RICKY
DATE: 01/09/04 UNITED CITY OF YORKVILLE PAGE: 14
TIME: 15:02:08 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 01/13/2004
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
WILLISR WILLIS, RICKY
MILEAGE2 12/24/03 01 CENSUS MILEAGE 0111062005403 01/13/04 91.80
INVOICE TOTAL: 91.80
VENDOR TOTAL: 91.80
WYETH WYETH, HEITZ & BROMBEREK
03-01789/03-023 01/02/04 01 LEGAL REVIEW 0111061005300 01/13/04 1,920.00
INVOICE TOTAL: 1,920.00
VENDOR TOTAL: 1,920.00
YOPOST YORKVILLE POSTMASTER
NEWSLETTERS 12/31/03 01 NEWSLETTER POSTAGE 5100065005808 01/13/04 853.12
INVOICE TOTAL: 853.12
VENDOR TOTAL: 853.12
YOPOSTW YORKVILLE POSTMASTER
BILL POSTAGE 12/13/03 01 PENALTY BILLING POSTAGE 5100065005808 01/13/04 92.00
INVOICE TOTAL: 92.00
VENDOR TOTAL: 92.00
YOUNGM YOUNG, MARLYS
121703 12/17/03 01 MINUTES 0111062005401 01/13/04 55.00
INVOICE TOTAL: 55.00
MINUTES 12/04/03 01 MINUTES 0111062005401 01/13/04 45.00
INVOICE TOTAL: 45.00
VENDOR TOTAL: 100.00
ZARATEP ZARATE, PATRICIA
MILEAGE2 12/24/03 01 CENSUS MILEAGE 0111062005403 01/13/04 27.72
INVOICE TOTAL: 27.72
VENDOR TOTAL: 27.72
DATE: 01/09/04 UNITED CITY OF YORKVILLE PAGE:
TIME: 15:02:08 DETAIL BOARD REPORT
ID: AP441000.WOW
INVOICES DUE ON/BEFORE 01/13/2004
INVOICE # INVOICE ITEM
VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT
TOTAL A/P INVOICES = $316,781,64
TOTAL PAYROLL = $132 ,575.87
(See Attached)
TOTAL DISBURSEMENTS = $449 ,357.51
UNITED CITY OF YORKVILLE
PAYROLL SUMMARY
PAYDATE 12/31/03
REGULAR OVERTIME TOTAL SOC SEC IMRF TOTAL
ADMINISTRATION $24,786.72 $0.00 $24,786.72 $1,674.35 $1,445.42 $27,906.49
ENGINEERING $7,313.60 $0.00 $7,313.60 $559.50 $677.24 $8,550.34
1
POLICE $47,020.46 $1,936.02 $48,956.48 $3,691.70 $254.29 $52,902.47
PUBLIC WORKS $15,742A0 $1,319.42 $17,061.82 $1,315.69 $1,548.82 $19,926.33
I
LIBRARY $4,531.55 $0.00 $4,531.55 $346.66 $284.32 $5,162.53
RECREATION $7,324.59 $0.00 $7,324.59 $560.36 $595.82 $8,480.77
PARKS $7,833.01 $418.58 $8,251.59 $631.25 $764.10 $9,646.94
TOTAL: $114,552.33 $3,674.02 $118,226.35 $8,779.51 1 $5,570.01 $132,575.87
12/31/2003 10 56 FAX 830 553 5764 DANIEL J. KRAMER Z 006/015
STATE OF ILLINOIS )
) ss
COUNTY OF KENDALL )
ORDINANCE NO, 2003 -
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT
BETWEEN THE UNITED CITY OF YORKVILLE,
A MUNICIPAL CORPORATION,AND
RAINTREE VILLAGE,LLC,OWNER/DEVELOPER,
AN ILLINOIS LIMITED LIABILITY CORPORATION
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall
County, Illinois, that a certain Amendment to Planned Unit Development Agreement pertaining to
the development of the real estate described on Exhibit"A" attached hereto and made a part hereof
entered into by the UNITED CITY OF YORKVILLE; and
WHEREAS,said Amendment to Planned Unit Development Agreement has been drafted and
has been considered by the City Council; and
WHEREAS, the legal owners of record of the territory which is the subject of said
Agreement are ready, willing and able to enter into said Amended Agreement and to perform the
obligations as required hereunder; and
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS, AS FOLLOWS:
Section 1:That the Mayor and City Clerk are herewith authorized and directed to execute,on
1
V31/2003 10:56 FAX 630 553 5764 DANIEL J. KRAMER Z007/015
behalf of the City, an Amendment to Planned Unit Development Agreement concerning the
Planned of the real estate described therein, a copy of which Amendment to Unit
Development Agreement is attached hereto and made a part hereof.
Section 2:That this Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
WAND OHARE JOSEPH BESCO
VALERIE KURD PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA •
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
lay of , A.D.
MAYOR
PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
day of_ , A.D.
Attest:
CITY CLERK
2
Prepared by &Return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
12/31/2003 10: 56 FAX 630 553 5764 DANIEL J. KRAMER Z009/015
EXHIBIT LIST
Exhibit"A" - "Full" legal description
4
01/09/2004 12:42 FAX 630 553 5764 DANIEL J. KRAMER a 009/013
STATE OF ILLINOIS ) Revised January 9,2004
)ss.
COUNTY OF KENDALL )
AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT
BETWEEN THE UNITED CITY OF YORKVILLE,
A MUNICIPAL CORPORATION,AND
RAINTREE VILLAGE, LLC, OWNER/DEVELOPER,
AN ILLINOIS LIMITED LIABILITY CORPORATION
NOW COMES the UNITED CITY OF YORKVILLE, a Municipal Corporation, located
in the County of Kendall, State of Illinois,hereinafter referred to as "CITY", and RAINTREE
VILLAGE, LLC, an Illinois Limited Liability Corporation, hereinafter referred to as
"OWNER/DEVELOPER".
WITNESSETH
WHEREAS, RAINTREE VILLAGE, LLC has become the Successor-Owner and
Developer of Raintree Subdivision formerly known as The Highlands Subdivision, and the CITY
have previously entered into a Planned Unit Development Agreement for said Subdivision; and
WHEREAS, a portion of the subject real property designated in the attached Exhibit"A"
was to be developed as open space pursuant to the Planned Unit Development Agreement; and
WHEREAS, after consultation with the City Park Board,Recreation Director, and City
Council the CITY has made a decision to accept the contribution of cash in lieu of the dedication
of the real property described in the attached Exhibit"A:; and
1
01/09/2004 12. 42 FAX 630 553 5764 DANIEL J. KRAMER Z003/013
WHEREAS, OWNER/DEVELOPER has agreed to take the real property described in the
attached Exhibit "A"and develop the same with a clubhouse facility for the benefit of the
residents of its development, and contribute the cash equivalent of the land that formerly was
going to be dedicated to the CITY for open space purposes as designated in the attached Exhibit
"A"pursuant to the United City of Yorkville Land-Cash Ordinance; and
WHEREAS, OWNER/DEVELOPER agree that ownership of said clubhouse facility
must be maintained for recreational purposes for the benefit of the residents of Raintree Village
or the public at large should the Homeowners Association allow public membership; and said
clubhouse facility may not be sold to a third party unless said third party maintains said
clubhouse facility for recreational purposes; and
WHEREAS, under the United City of Yorkville Land-Cash Ordinance, the CITY has the
right to elect to take cash in lieu of land and does agree to do so:
NOW THEREFORE, in consideration of the mutual covenants and promises herein
contained the parties agree as follows:
1) INCORPORATION OF RECITALS: All parties hereto agree that the above
contained recitals are an integral part of this Agreement and hereby adopt those
recitals as part of this Agreement.
2) REAL PROPERTY EFFECTED: This Amendment shall affect only the terms,
conditions, and general development plan as set out in the original Planned Unit
Development Agreement, and as described in the attached Exhibit"A".
3) OWNER/DEVELOPER hereby is authorized to construct a clubhouse for the use
of its residents of its subdivision,Raintree Village, on the site described in the
2
01/09/2004 12. 42 FAX 630 553 5764 DANIEL J. KRAMER a 010/013
attached Exhibit"A".
4) The CITY agrees that OWNERJDEVELOPER shall pay the sum of One Hundred
Four Thousand Four Hundred Dollars and 00/100(5104,400.00) as the cash
equivalent for land-cash contributions in lieu of dedicating the site described in
the attached Exhibit "A"pursuant to the United City of Yorkville Land-Cash
Ordinance.
5) AUTHORIZATION OF AMENDMENT: OWNER/DEVELOPER warrant that
the parties hereto have full and express authority to enter into an Amendment of
the original Planned Unit Development Agreement to which this Amendment is
appended pursuant to that Agreement.
6) RATIFICATION: All parties hereto agree that except to the extent performance
standards or other terms of the original Planned Unit Development Agreement
have been amended herein, all other terms of the original Planned Unit
Development Agreement are hereby ratified,re-published, and reconfirmed
between the parties hereto and remain the agreement of the parties.
OWNER/DEVELOPER warrants that DEVELOPER shall stand in the position of
a successor and assign of OWNER as to all rights accruing under the original
Planned Unit Development Agreement.
7) SEVERABILITY: Should any provision of this Annexation Amendment be
found to be unenforceable by a Court of competent jurisdiction,the remaining
terms and conditions of this Amendment to Planned Unit Development
Agreement as well as the original Planned Unit Development Agreement shall
3
01/09/2004 12 42 FAX 630 553 5764 DANIEL J KRAMER Z 011/013
remain in full force and effect.
8) Notice until further notice shall be provided at the following addresses:
CITY: City Clerk
United City of Yorkville
800 Game Farm Rd.
Yorkville, IL 60560
Copy to: Attorney Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
OWNER/DEVELOPER: Greg Collins,Planning&Zoning Manager
Raintree Village,LLC
do Concord Homes, Inc.
1540 E. Dundee Rd., Ste. 350
Palatine, IL 60074
9) TIME IS OF THE ESSENCE: Time is of the essence of this Agreement and all
documents, agreements, and contracts pursuant hereto as well as all covenants
contained in this Amendment shall be performed in a timely manner by all parties
hereto.
4
01/09/2004 12: 42 FAX 630 553 5764 DANIEL J. KRAMER Q1012/013
IN WITNESS WHEREOF,the undersigned parties have executed this Amendment to
Planned Unit Development Agreement this day of , 20_
CITY:
UNITED CITY OF YORKVILLE
By:
Attest:
Dated:
OWNER/DEVELOPER:
RAINTREE VILLAGE, LLC,
An Illinois Limited Liability Corporation
By:
Attest:
Dated:
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
5
01/09/2004 12.42 FAX 630 553 5764 DANIEL J. KRAMER L1013/013
EXHIBIT LIST
Exhibit "A" - Clubhouse site
6
01/09/2004 11 21 FAX 630 553 5764 DANIEL J. KRAMER fj002/004
STATE OF ILLINOIS )
ss
COUNTY OF KENDALL )
ORDINANCE NO. 2003-
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT OF
GARY MAXWELL and LELALU MAXWELL
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall
County,Illinois,that a certain Annexation Agreement pertaining to the annexation and development
of the real estate described on Exhibit"A"attached hereto and made a part hereof entered into by the
UNITED CITY OF YORKVILLE; and
WHEREAS, said Annexation Agreement has been drafted and has been considered by the
City Council; and
WHEREAS, the legal owners of record of the territory which is the subject of said
Agreement are ready,willing and able to enter into said Agreement and to perform the obligations as
required hereunder; and
WHEREAS,the statutory procedures provided in 65 ILCS 5/11-15.1-1,as amended,for the
execution of said Annexation Agreement has been fully complied with; and
WHEREAS, the property is contiguous to the City.
01/09/2004 11 . 21 FAX 630 553 5764 DANIEL J. KRAMER a003/004
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS:
Section 1,:That the Mayor and City Clerk are herewith authorized and directed to execute,on
behalf of the City, an Annexation Agreement concerning the annexation and development ofthe real
estate described therein,a copy of which Annexation Agreement is attached hereto and made a part
hereof.
Section 2: That this Ordinance shall be in full force and effect from and after its passage and
approval as provided by law,
WANDA OHARE JOSEPH BESCO
VALERIE BURR PAUL JAMES
LARRY KOT _ MARTY MUNNS
ROSE SPEARS RICHARD STICK.A
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
day of ,A.D. 20
MAYOR
2
01/09/2004 11 . 21 FAX 630 553 5764 DANIEL J. KRAMER 0004/004
PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois this
day of , A.D. 20
Attest:
CITY CLERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
630.553.9500
3
12/05/2003 14 . 23 FAX 630 553 5764 DANIEL J. KRAMER Z002/007
STATE OF ILLINOIS )
) ss
COUNTY OF KENDALL )
ORDINANCE NO. 2003-
ORDINANCE ANNEXING PROPERTIES OF
GARY MAXWELL and LELALU MAXWELL
TO
THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS
WHEREAS, GARY MAXWEI_.L and LELALU MAXWELL, as record owners in fee simple
of a tract of land contiguous to THE UNITED CITY OF YORKVILLE,have heretofore submitted a
Petition for Annexation of said property; and
WHEREAS, the development and annexation of said land have been considered by THE
UNITED CITY OF YORKVILLE; and
WHEREAS, THE UNITED CITY OF YORKVILLE deems it to be in its best interests to
annex the said land described in said Petition for Annexation to THE UNITED CITY OF
YORKVILLE; and
WHEREAS, the Petitioners arc the Owners of Record of said property and no other electors
reside thereon; and
WHEREAS, said Petition is under oath requesting the annexation of said property to THE
UNITED CITY OF YORKVILLE, Kendall County, Illinois and in all respects is presented in
1
12/05/2003 14: 24 FAX 630 553 5764 DANIEL J. KRAMER a 003/007
accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code,being 65 ILCS 5/11-
15.1-1 et. seq.
WHEREAS, said property is contiguous to THE UNITED CITY OF YORKVILLE and not
within the corporate limits of any municipality; and
WHEREAS,the statutes provide that upon property affirmative vote of a majority of the City
Council, contiguous property can be annexed to THE UNITED CITY OF YORKVILLE, Kendall
County,Illinois.
BE IT ORDAINED by the City Council of THE UNITED CITY OF YORKVILLE,Kendall
County, Illinois:
Section 1: That the property legally described as follows be and the same is hereby annexed
to THE UNITED CITY OF YORKVILLE, Kendall County, Illinois:
See Attached Legal Description
Section 2: That the City Limits of THE UNITED CITY OF YORKVILLE be, and they are
hereby, extended to include the territory hereby annexed to THE UNITED CITY OF YORKVILLE,
Kendall County, Illinois.
Section 3: That the City Clerk o f THE UNITED CITY OF YORKVILLE be,and is hereby,
authorized and directed to record with the Recorder of Deeds of Kendall County,Illinois,a certified
copy of this Ordinance, together with an accurate map of the territory annexed,which map shall be
certified as to its correctness.
Section 4_ That the property described in Exhibit "A" is hereby annexed and zoned as
follows: 3-3 Service Business District.
Section 5: That all Ordinances or portion of Ordinances in conflict herewith be,and they are
2
12/05/2003 14 24 FAX 830 553 5764 DANIEL J KRAMER a 004/007
hereby repealed insofar as such conflict exists.
Section 6: That this Ordinance shall take effect and be in full force and effect upon and after
its final passage and signing by the mayor and the recording by the Recorder of Deeds of Kendall
County, Illinois, as herein provided, this day of , 2003.
WANDA OHARE JOSEPH BESCO
VALERIE BURR PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
APPROVED by me, as Mayor of the United City of Yorkville,Kendall County,Illinois,this
day of , A.D. 20 .
MAYOR
PASSED by the City Council oIthe United City of Yorkville,Kendall County, Illinois this
day of , A.D. 20 .
Attest:
CITY CLERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville,IL 60560
630.553.9500
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United City of Yorkville Employee Manual Final 01-13-04
TABLE OF CONTENTS
Section 1 Introduction
1.1 Purpose and Disclaimer (Appendix A)
1.2 Applicability
1.3 City Organization and Administration of the Personnel Program
1.3.1 City Council
1.3.2 Mayor
1.3.3 Department Heads
1.3.4 Fire and Police Commissioners (Appendix B)
1.4 Definition of Employee
1.4.1 Department Heads
1.4.2 Supervisory
1.4.3 Full-Time
1.4.4 Part-Time
1.4.5 Temporary
1.4.6 Exempt Salaried Employee
1.4.7 Non-exempt Employees
1.5 Conflict with Other Regulations or Manuals
Section 2 Personnel Program and Employment Status
2.1 Recruitment, Application and Selection
2.1.1 Recruitment
2.1.2 Application
2.1.3 Selection (Appendix C)
2.2 Personnel Records
2.2.1 Maintenance of records
2.2.2 Confidentiality
2.2.3 Standardized records
2.2.4 Finance Director notification process
2.3 Probationary Period
2.4 Layoff
Section 3 Employee Conduct
3.1 Equal Employment Opportunity (Appendix D)
3.2 Anti-Harassment Policy (Appendix E—Employee Assistance Program)
3.3 Drug-Free Workplace Policy
3.3.1 Workplace Policy (Appendix F)
United City of Yorkville Employee Manual Final 01-13-04
3.3.2 Definition and descriptions
3.3.3 Ability to perform
3.3.4 Education and referral program
3.3.5 Employment condition
3.3.6 Disciplinary action
3.4 Drug Testing
3.5 No Solicitation
3.6 Employee Performance Evaluation
3.7 Outside Employment conditions
3.8 Gifts and Gratuities (Appendix G)
3.9 Political Activity
3.10 Workplace Inspections
3.11 On-the-Job Safety/Reporting of Accidents (Appendix H)
3.12 Threats, Violence and Weapons
3.12.1 Prohibited Conduct
3.12.2 Reporting Procedures
3.12.3 Investigation and Responsive Action
3.12.4 No Retaliation
3.13 No Smoking or Tobacco Product use
3.14 Nepotism
3.14.1 Spouse/Relative of Department Heads/Elected Officials
3.14.2 Relatives of All Employees
Section 4 Use of City Equipment
4.1 Authorization to Use Equipment
4.2 Use of City Vehicles (Appendix I)
4.3 Use of Personal Vehicles for City Business
4.4 Computer and Telephone Communications Systems (Appendix J)
4.5 E-Mail Policy
4.5.1 E-Mail system usage
4.5.2 Inspection/Search procedure
4.5.3 Prohibit use pertaining to other City Policies
4.5.4 Confidentiality of personnel records/memo's
4.5.5 Unauthorized access
4.6 Personal Use of Telephones
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Section 5 Disciplinary Action
5.1 Reasons for Discipline
5.2 Discipline Procedure
5.2.1 Remediation
5.2.2 Disciplinary Procedure
5.3 Grievance Procedure
Section 6 Payroll Administration, Hours of Work and Overtime
6.1 Regular Hours of Work
6.1.1 Workday hours and lunch breaks
6.1.2 Public Works Employee "On-Call" Status, Duties, and Payment
6.1.3 Work Schedule
6.2 Shift Changes
6.3 Payroll Administration
6.4 Call-Back Pay
6.5 Overtime Scheduling
6.6 Overtime Pay
6.7 Compensation Time
6.8 Pay Adjustments
6.9 Longevity Pay
Section 7 Leave Time
7.1 Vacation Leave
7.2 Holiday Leave
7.3 Sick Leave
7.3.1 Purpose, Allowance, and Accumulation
7.3.2 Medical Verification
7.3.3 Sick Leave Utilization
7.3.4 Unused Sick Leave
7.4 Reporting of Absences
7.5 Duty-Related Injury or Illness Leave
7.6 Emergency & Bereavement Leave
7.7 Military Leave
7.8 Jury Duty Leave
7.9 Unpaid Discretionary Leave
7.10 Family and Medical Leave
7.10.1 General Statement
7.10.2 Eligibility
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7.10.3 Reasons for Leave
7.10.4 Leave is Unpaid
7.10.5 Notice of Leave (Appendix K)
7.10.6 Medical Certification
7.10.7 Medical and Other Benefits
7.10.8 Reporting from Leave
7.10.9 Reporting While on Leave
7.10.10 Intermittent and Reduced Schedule Leave
7.10.11 Policy Administration
7.10.12 Interrelation of Leaves
7.11 Benefits while on Leave
Section 8 Employee Benefits
8.1 Health and Life Insurance Coverage
8.2 Pension Participation
8.2.1 Eligibility
8.2.2 Military Service Credit(Appendix L)
8.3 Vision and Dental Assistance (Appendix M)
8.4 Continuation of Medical Coverage
8.5 Uniform Allowance
8.6 Education and Training (Appendix N)
8.7 Travel Expenses
8.8 457 Deferred Compensation Plan (Appendix 0)
8.9 Employee Credit Union (Appendix P)
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Section 1 Introduction
Section 1.1 Purpose and Disclaimer
This Manual describes the current personnel policies that apply to you as a member of the United City of
Yorkville ("City") workforce. This Manual is designed only to introduce you to the City and to serve as
a guide to present City policies, practices and procedures. The City has the right to modify, amend, or
withdraw any or all of the policies or procedures described in this Manual at any time. All employees
shall sign an employee acknowledgment form upon receiving this employee manual. (Appendix A)
Although the City hopes that all employees will enjoy a long and mutually beneficial career with the
City, there is no guarantee of future employment or employment under any specific conditions. This
Manual is not an employment contract of any kind, and it does not create any rights in the nature of
employment contract, regardless of whether it has been distributed to new or existing employees, nor
does it provide any due process rights in the event of discipline or discharge. Nothing shall restrict your
right to terminate your employment at any time with or without notice or cause, and nothing shall
restrict the right of the City to terminate your employment at any time with or without notice or cause.
No representative of the City, other than the Mayor with City Council approval, has any authority to
enter into any employment contract of any kind. Any contract or promise of employment must be in
writing and must be signed by the Mayor and approved by the City Council.
Section 1.2 Applicability
Unless otherwise noted, these personnel policies apply to all employees of the United City of Yorkville
government except that these policies do not apply to the following:
a. Elected Officials
b. Persons employed to make or conduct a temporary and special inquiry, investigation or
examination on behalf of the Mayor or City Council
c. Volunteer or appointed personnel who receive no regular compensation from the City
Unless otherwise specifically stated, none of the benefits referenced in this Manual apply to part-time
employees.
Unless otherwise provided for in a written contract of employment, Department Heads or other
supervisory employees are subject to this Manual. If you are a Department Head, where provisions
discuss an employee's relationship with his Department Head, you may assume that the City
Administrator has that relationship vis-à-vis yourself If you are the City Administrator, Chief of Police,
or Park and Recreation Executive Director where provisions discuss an employee's relationship with his
Department Head, you may assume the Mayor has that relationship vis-à-vis yourself If you have any
questions regarding how this Manual applies to you because of your position with the City, contact your
immediate supervisor.
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Section 1.3 City Organization and Administration of the Personnel Program
1.3.1 City Council
The City Council of the United City of Yorkville shall exercise control over personnel only through the
adoption of the City's Annual Budget, Pay Plan, confirmation of the Mayor's appointment, or by the
adoption of ordinances and resolutions as deemed necessary by the Council. (The Mayor may seek
advisory input from the City Council in connection with annual performance evaluations for Department
Heads who have a direct relationship with the Mayor as their immediate supervisor, such as: the City
Administrator, the Police Chief and the Executive Director of Parks and Recreation.)
1.3.2 Mayor
The Mayor shall be responsible for ensuring the effective administration of the policies and procedures
and may delegate such functions as deemed necessary for the implementation of this system. The Mayor
shall perform the performance evaluations for the City Administrator, Chief of Police and Executive
Director for Parks and Recreation Department.
1.3.3 Department Heads
1. The Department Heads shall be responsible for directing and coordinating personnel activities of
the City on a day-to-day basis.
2. Department Heads shall establish such rules as deemed necessary to the efficient and orderly
administration of their respective departments.
3. Department Heads shall evaluate their employees annually by February 15 of each year, and
from time to time as needed, submitting their reports to the City Administrator by March 1st
Evaluations shall be made on standardized forms as provided by the City, and shall provide a
comprehensive review of the quality of work performed by the employee. Both Department
Head and Employee shall sign evaluations.
4. Department Heads shall prepare a tentative budget before the end of each fiscal year. It shall be
presented to the Finance Director. The Finance Director will prepare the budget to be presented
to the Mayor. The Mayor will present the budget to the City Council for approval.
5. Departments Heads shall prepare Job Descriptions and recommend the selection and hiring of all
personnel to their appropriate committees when such job openings are deemed necessary and
subject to adoption by the Mayor.
6. Department Heads shall submit for approval any promotion, demotion, and discharge of all
personnel in their respective department, with the Mayor having authority for final dispensation
of all employees.
7. Department Heads shall supervise, develop and maintain the personnel system including written
forms,procedures, and records. Furthermore, whenever there is a request for a policy change or
recommendation the City Administrator shall prepare the request to the Mayor.
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8. Department Heads shall administer the personnel policies and procedures including the
performance evaluation and the employee grievance procedures.
9. Department Heads shall perform any other lawful acts that are considered necessary or desirable
to carry out the purpose of the personnel system and the provisions outlined in this manual, or as
directed by the Mayor and City Council.
Section 1.3.4 Fire and Police Commissioners (Appendix B)
The Board of Fire and Police Commissioners performs the function of a civil service commission for all
sworn police officers. The board hires, fires,promotes and disciplines all members of the police
department, except the Police Chief, who is appointed by the Mayor with the advice and consent of the
City Council and will not be hired or disciplined by the Board.
Section 1.4 Definition of Employee
Section 1.4.1 Department Heads
Department Heads are salaried on an annual basis, regardless of number of hours worked over 40 hours
per week. Department Heads do not receive overtime pay. However, if it is necessary for them to work
over the forty-hour week, they may (work requirements allowing),take time off for personal reasons.
This benefit is not to be abused. The Department Head shall maintain a record of such absences to be
made available to the Mayor upon request.
Section 1.4.2 Supervisory
Supervisory personnel are defined as members of the management group. Supervisory personnel direct
the daily work activities of unit or shift of employees. Employees shall convey late report times, illness,
or other absence, and make requests for authorized leave to the Supervisory personnel.
Section 1.4.3 Non-Exempt Full-Time
Full-time non-exempt employees are paid on an hourly basis. All full-time non-exempt employees are
expected to work 40 hours per week, unless authorized leave is approved by the Department Head or
indicated within their job description upon approval by the Mayor and City Council.
Section 1.4.4 Part-Time
An employee who is employed regularly for less than the normal number of hours is considered part-
time. These employees receive straight time for all hours, (less than forty hours in one week), are
ineligible for benefit packages listed in this manual, and may not work more than 1,000 hours per year.
Any exceptions to the definition of part time employee must have Mayor and City Council approval.
Section 1.4.5 Temporary
Temporary employees are generally those persons employed to fill a position for less than six (6)
months duration. There is no guarantee of reinstatement for the same period during the following
calendar year. Temporary employees are not entitled to sick leave. Temporary employees are not
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entitled to vacation or other similar benefits enjoyed by full-time employees. Temporary employees are
hired by the Department Head, with concurrence of the Mayor and City Council.
Section 1.4.6 Exempt Salaried Employee
An employee paid on a salary basis that works in an executive, administrative or professional capacity
determined by the City to be exempt from the overtime provisions of the Fair Labor Standards Act
(FLSA). Exempt salaried employees are not entitled to overtime under the FLSA. Notwithstanding any
provisions of this Manual, the discipline of such employees shall be in accordance with FLSA
regulations regarding exempt salaried employees.
Section 1.4.7 Non-exempt Employees
An employee who is either paid by the hour or on a salary basis and is not in a position determined by
the City to be exempt from overtime under the Fair Labor Standards Act. Such employees are eligible
for overtime pay.
Section 1.5 Conflicts with Other Regulations or Manuals
In the event there is a conflict between the policies contained in this Manual and a collective bargaining
agreement, a current written individual employment agreement, or applicable rules and regulations of
the Board of Fire and Police Commissioners or the Yorkville Public Library, the terms of the agreement
or applicable rules and regulations shall apply. No one other than the Mayor, with the advice and
consent of the City Council, has the authority to enter into a contract contrary to the terms of this
Manual.
Section 2 Personnel Program and Employment Status
Section 2.1 Recruitment,Application, and Selection
Section 2.1.1 Recruitment
It is the policy of the United City of Yorkville to afford equal employment opportunity in all personnel
practices to all qualified individuals without regard to race, color, religion, sex, national origin, age,
physical or mental disability,marital status, or any other status protected by law.
Section 2.1.2 Application
Appointment and promotion to the positions in the City will be based upon merit and fitness. Selection
methods will be based wholly on the job related references, aptitude, and adaptability.
Section 2.1.3 Selection
Regardless of the number of applicants, selection methods shall be deemed competitive when the
qualifications required are based upon education, experience and personnel standards established for the
position. In such instances, a reasonable opportunity shall be afforded for qualified persons to apply,
and the following procedures will apply to the recruitment of all personnel:
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a. When any non-exempt job vacancy occurs that has been approved by the Mayor and
City Council, the Department Head shall post the job announcement, stating the title,
salary range,job description, manner of application, and closing date for application.
b. After reviewing applicant qualifications, and/or holding personal interviews, the
Department Head shall conduct a background check (Appendix C) before making the
conditional offer of employment to the applicant deemed best suited for employment
with the City. The Department Head may conduct any other required pre-employment
screening after the conditional offer of employment has been made to the applicant, such
as: medical and/or psychological test. Then the Department Head shall hire the applicant.
The Department Head will notify the Finance Director of the hiring and copy the City
Administrator.
c. While current full-time City employees are encouraged to apply for appointment to
positions for which they are qualified, the City reserves the right to hire external or
internal applicants for any or all vacant positions. Accordingly, position announcements
may be posted internally and/or advertised before a position is filled.
d. An employee of the City may request, or be requested, to transfer to another position
within the City.
Section 2.2 Personnel Records
Section 2.2.1 Maintenance of records
Department Heads shall maintain personnel records of each employee containing the employee's name,
title, department, starting date, salary, change in employment status, training received, disciplinary
actions, or other such information as may be considered pertinent.
Section 2.2.2 Confidentiality
All employee records shall be considered "CONFIDENTIAL" and shall not be released to outside
parties except where consistent with the Illinois Personnel Record Review Act, 820 ILCS 40/01.01 et.
seq., or as authorized by the individual employee.
Section 2.2.3 Standardized forms
Personnel evaluation, absenteeism, grievances, and other job performance records shall be standardized,
and will apply to all city personnel.
Section 2.2.4 Notification process to Finance Director
With the promotion, demotion, or termination of employment of any employee, the appropriate
Department Head must file a written notice and said action with the Finance Director.
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Section 2.3 Probationary Period
A formalized twelve-month evaluation and probationary period are in effect at the time of appointment
for all employees. The evaluation periods are to be treated as an integral part of the selection process.
Serious evaluation shall be made as to the employee's work record, attendance, compatibility, and any
other aspect of job performance deemed necessary to insure the highest level of performance. The
Department Head shall furnish an evaluation report to the City Administrator. The existence and/or
completion of the evaluation and probationary period do not imply that the employee has a contractual
right to continued employment with the City.
Section 2.4 Layoff
It may become necessary to require an employee's involuntary separation from City service without pay,
due to lack of work or funds. The required number of employees may be laid off in the order of their
relative length and quality of service. However, careful consideration shall be given to maintaining a
work force reflecting the needs of the community. The City expressly reserves the right to make layoffs
in any order. Employees shall be notified by certified mail at least ninety (90) days before their
separation. Reasons for selecting the employees to be separated shall be documented and maintained on
file to support action taken. In the event of a layoff, employees laid off shall be placed on a preferential
hiring list for a period of no less than two (2) years. Re-hiring shall be in reverse order of separation,
providing that the employee laid off has the skills and ability for the job to be filled. No employee may
be reduced in rank, pay, or title for any reason other than disciplinary reasons. Reduction of rank,pay,
or title requires 2/3 vote of the City Council for all employees.
Section 3 Employee Conduct
Section 3.1 Equal Employment Policy
The United City of Yorkville has adopted an Equal Employment Policy as described in Resolution 93-
18 (10-25-1993) (Appendix D). It reads as follows with modified changes to be currently compliant
with Federal, State, and Local laws:
a. It is the policy of the United City of Yorkville to promote nondiscriminatory practices in
its hiring and its contractual undertakings. It is the policy of the City to conform with all
aspects of Federal Civil Rights legislation including the Equal Employment Opportunity
Act (42 USC §2000), and all State Civil Rights Legislation.
b. No person shall, on the grounds of race, color, religion, sex, national origin, age,
disability, martial status, or any other status protected by law be excluded from
participation in or be subjected to discrimination in any program or activity funded in
whole or in part by Federal funds.
c. The City Administrator shall oversee civil rights compliance.
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Section 3.2 Anti-Harassment Policy
The United City of Yorkville is committed to maintaining a work environment that is free of
discrimination. In keeping with this commitment, we will not tolerate harassment of City employees by
anyone, including any supervisor, co-worker, or any third party. All employees are expected to avoid
any behavior or conduct that could reasonably be interpreted as harassment. All employees are expected
to make it known promptly, through the avenues identified below, whenever they experience or witness
offensive or unwelcome conduct.
Harassment consists of unwelcome conduct, whether verbal,physical, or visual, that is based upon a
person's protected status, such as sex, color,race, religion, national origin, age,physical or mental
disability or other protected group status. The City will not tolerate harassing conduct that affects
tangible job benefits, that interferes unreasonably with an individual's work performance, or that creates
an intimidating, hostile, or offensive working environment. Such harassment may include, for example,
jokes about another person's protected status, kidding, teasing or practical jokes directed at a person
based on his or her protected status.
Sexual harassment deserves special mention. Unwelcome sexual advances, requests for sexual favors,
and other physical, verbal, or visual conduct based on sex constitute sexual harassment when (1)
submission to the conduct is an explicit or implicit term or condition of employment, (2) submission to
or rejection of the conduct is used as the basis for an employment decision, or (3) the conduct has the
purpose or effect of unreasonably interfering with an individual's work performance or creating an
intimidating, hostile, or offensive working environment. Sexual harassment is conduct based on sex,
whether directed towards a person of the opposite or same sex, and may include explicit sexual
propositions, sexual innuendo, suggestive comments, sexually oriented "kidding" or "teasing", "practical
jokes",jokes about obscene printed or visual material, and physical contact such as patting,pinching, or
brushing against another person's body.
All City employees are responsible to help assure that we avoid harassment. If you feel that you have
experienced or witnessed harassment, you are to notify the City Administrator, your department head or
supervisor, or City Attorney or any of the individuals listed below:
Employee Assistance Program (Appendix E), Coordinator/Contact person as posted on the employee
bulletin board. The City forbids retaliation against anyone for reporting harassment, assisting in making
a harassing complaint, or cooperating in a harassment investigation. If you feel you have been retaliated
against, you are to notify the City Administrator, your Department Head or Supervisor or City Attorney
or the previously listed contact persons.
The City's policy is to investigate all such complaints thoroughly and promptly. To the fullest extent
practicable,the City will keep complaints and the terms of their resolution confidential. If an
investigation confirms that a violation of the policy has occurred, the City will take corrective action,
including discipline, up to and including immediate termination of employment.
An employee who believes that he or she has been the subject of harassment or retaliation for
complaining about harassment also has the right to file a charge of civil rights violations with the
appropriate state or federal enforcement agency. These include:
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Illinois Department of Human Rights
100 West Randolph Street, Suite 10-100
Chicago, Illinois 60601
312-814-6200
United States Equal Employment Opportunity Commission
Chicago District Office
500 West Madison Street, Suite 2800
Chicago, Illinois 60661
312-353-2713
Section 3.3 Drug-Free Workplace Policy (Appendix F)
Section 3.3.1 The United City of Yorkville has adopted a Drug-Free Workplace Policy as
described in Resolution Number 93-17 (10-25-1993). It reads as follows:
Illegal drugs and the abuse of legal drugs in the workplace are a significant danger. They impair safety
and health, promote crime, lower productivity and quality and underline public confidence in the work
City employees undertake. The City prohibits drug and alcohol impairment and the illegal use of drugs
in the workplace. Under the federal and state Drug-Free Workplace Acts, 41 USC 701, et seq., and 30
ILCS 580/1 et seq., in order for the City to be considered a "reasonable source" for the award of federal
or state grants, it is appropriate to adopt the following policy:
Section 3.3.2 Definition and descriptions
Any location which City business is conducted, whether at this or any other site, is declared to be a
drug-free workplace. All employees are absolutely prohibited from unlawfully manufacturing,
distributing, dispensing,possessing or unlawfully using controlled substances or alcohol, as defined in
the federal and state Drug-Free Workplace Acts, in the workplace. This policy does not apply to the
lawful use of prescription drugs under the supervision of a licensed healthcare professional and within
the limits of a valid prescription. An employee who has been prescribed drugs or who is taking over-
the-counter medications that come in containers with warnings about drowsiness or interference with the
ability to operate machinery or drive safety, is required, however, to consult with his or her doctor or
pharmacist about the medication's effect on the employee's ability to perform his or her job safely, and
to immediately disclose to his or her supervisor any medication-related work restrictions. Employees
should not, however, disclose the type of drugs that have been prescribed or the underlying medical
conditions. impairments or disabilities unless specifically directed to do so by their doctor or asked to do
so by the City.
Section 3.3.3 Employee's ability to perform duties
Employees are expected and required to report to work on time in appropriate physical and mental
condition to perform duties of their jobs.
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Section 3.3.4 Education and referral program
Employees have the right to know the dangers of drug abuse in the workplace, the City's policy about
them and what help is available to combat drug problems. Employees needing assistance in overcoming
drug abuse problems are encouraged to seek professional assessment, treatment support and aftercare at
appropriate outside agencies. Conscientious efforts to seek such help will not jeopardize any employees'
job nor will it be noted in any personnel record. However, referral to such programs in no way exempts
an employee from discipline for less than acceptable job performance.
Section 3.3.5 Employment condition
As a condition of initial and continued employment, each employee shall:
a. Agree in writing to abide by the terms of the City's policy respecting a drug and alcohol-
free workplace; and,
b. Agree, as required by law, to inform his or her supervisor of his or her conviction of any
criminal drug or alcohol Statute, for a violation occurring on or off City premises, while
conducting City business, no later than five (5) days after such a conviction. A conviction
means a finding of guilt (including a plea of"no lo contendere") or the imposition of a
sentence by a Judge or jury in any federal or state court, and/or a finding of Court
Supervision.
Section 3.3.6 Disciplinary action
An employee who violates the terms of this policy may be subject to disciplinary action including
suspension and/or termination and may be referred for prosecution consistent with applicable local, state
and federal law.
a. The City shall take prompt disciplinary action with respect to any employee who violates
this policy.
b. The City may require an employee who violates the terms of this policy to satisfactorily
participate in a drug or alcohol abuse assistance or rehabilitation program.
Section 3.4 Drug Testing
It is the policy of the City to conduct drug/alcohol testing where it has reason to believe that an
employee may be under the influence of alcohol, illegal drugs or other controlled substances. In
addition, any employee who is reasonably believed to have caused or contributed to an accident which
resulted in personal injury requiring medical treatment away from the scene of the accident or which
disabled a piece of equipment shall be tested for alcohol, illegal drugs, or other controlled substances.
Further, employees employed in safety sensitive positions are subject to periodic or random testing.
Employees subject to D.O.T. testing shall be tested in accordance with D.O.T. regulations in addition to
the testing and discipline provisions of this policy. Refusal to submit to testing will result in disciplinary
action, up to and including termination of employment.
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Section 3.5 No Solicitation
Solicitation by employees shall not be permitted during working time (the time employees are
performing Department functions) in the City, or during non-working hours in areas where it will disturb
other employees who are working. Distribution or circulation of printed materials by employees shall
not be permitted any time, including working and non-working time, in working areas. Solicitation or
distribution of printed materials by non-employees is prohibited in work areas.
Section 3.6 Employee Performance Evaluation
At a minimum, yearly reviews shall be made of the employee's work performance by the Department
Heads, and reported to the Mayor. Employees may be given more frequent evaluations as circumstances
warrant. A finding of satisfactory performance is needed for advancement on the wage scale.
Section 3.7 Outside Employment
Employees may hold outside employment, including self-employment, provided such employment does
not: 1) interfere with the performance of City duties; 2)present a potential conflict of interest; 3)result
in outside work being performed during an employee's work shift; 4) involve the use of city equipment
or supplies. Employees shall be permitted to engage in outside employment only with the prior written
approval of their Department Head. If granted permission for outside employment an employee's
Department Head may revoke the permission where it appears to the Department Head that such activity
conflicts with the standards set forth above. Employees who engage in outside employment shall notify
their Department Head of the addresses and phone numbers where they can be contacted, if necessary,
for their normal work schedule, of the name of their supervisor (if applicable), and of the type of work
they are (or will be) performing.
Section 3.8 Gifts and Gratuities
a. City services are not to be rendered by any employee with the expectation or in exchange
for any gift, gratuity, discount, reward, entertainment, hospitality, loan, forbearance, other
tangible or intangible item having monetary value. This policy prohibits the receipt of
gifts by the employee's spouse or an immediate family member living with the employee
from a "prohibited" source. In addition, all employees are required to comply with the
City's Ordinance#1999-12 (Appendix G) implementing the provisions of the State Gift
Ban Act. When an employee receives any offering as a result of his or her status as a
City employee, the offering must be immediately turned over to the City's Ethics Officer,
which is the Kendall County States Attorney. The Ethics Officer will determine the
ultimate disposition of any gift or offering in accordance with the City's ordinance and
the State Gift Ban Act. Additional information about this policy maybe obtained from
the City Administrator, Ethics Officer or City Attorney.
b. No employee in the City's service shall have any financial interests in the profits of any
contractor, service provider, or other work performed for the City, or shall personally
profit directly or indirectly form any contract,purchase, sale or service between the City
and any person or company. Any employee who violates this section shall be subject to
discipline for misconduct in office.
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Section 3.9 Political Activity
a. No employee shall use his or her official position of employment to coerce or inhibit
others in the free exercise of their political rights; or engage in political activities while at
work or on duty.
b. Due to the conflict of interest created by employees holding an elected office, the taking
of an oath for any City office shall constitute an employee's resignation from City
employment.
Section 3.10 Workplace Inspections
The City wishes to maintain a work environment that is free of illegal drugs, alcohol, unauthorized
firearms, explosives, or other improper materials. To this end, the City prohibits the possession, sale,
transfer or use of such materials on its premises or in City vehicles. The City requires the cooperation of
all employees in administering this policy.
Desks, lockers and other storage devices may be provided for your convenience, but remains the sole
property of the City. The City also reserves the right to conduct searches and inspections of City-
provided vehicles, equipment, materials, such as boxes, thermoses,purses, briefcases, desks, computer
files, computers, computer disk, cabinets, file drawers, desk, lockers, or packages without notice. If you
refuse to submit to a search or are found in possession of prohibited articles, you will be subject to
disciplinary action, up to and including dismissal. The City is not responsible for loss of or damage to
personal property on the job.
Accordingly, the City Administrator or Chief of Police or their designee may conduct the inspection
with or without prior notice. All administrative/operational inspections shall be conducted through the
authority of the City Administrator or Chief of Police. Where a supervisor or an employee has
reasonable suspicion that a criminal act or threat of violence has or will occur he or she shall contact the
local police department immediately. The local police will determine if the inspection is warranted and
conduct such inspection. Only law enforcement personnel will conduct such inspection. Furthermore,
the City recognizes that the police department has unique situations that will require an additional more
specific inspection procedure which shall be approved by the City Council. Any abuse of this provision
within the employee manual by any employee shall be subject to disciplinary action up to termination.
Section 3.11 On-the-Job Safety/Reporting of Accidents
Employees are expected to exercise caution and observe all established safety rules and regulations
applicable to their position and in the operation of tools, equipment and motor vehicles in connection
with City business. (Safety Policy-Appendix H)
The following safety rules apply to all employees of the City:
a. Basic responsibility for safety rests with Department Heads and from them, to their
designated safety representatives, supervisors, and employees, but it is the responsibility
of every employee to become familiar with and adhere to all safety rules and regulations.
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b. Any employee acting in a supervisory capacity shall require all employees under their
supervision to comply with all applicable safety rules and practices.
c. Any employee having knowledge of any unsafe condition or work practice shall report
such condition or practice to their immediate supervisor, departmental safety
representative, or department heads.
d. All employees shall use reasonable precautions in the performance of their duties and act
in such a manner as to assure maximum safety to themselves, their fellow employees and
the public.
e. All employees shall familiarize themselves with the safety rules applicable to their jobs
and shall consult with their supervisors on any safety rule or practice not understood, or
whenever work conditions present unforeseen hazards.
f. No employee shall remove or make ineffective any safeguard, safety device or safety
appliance except for the purpose of replacement,repair or adjustment.
g. Employees shall keep their work areas clean, orderly and, to the extent possible, free
from all recognized safety hazards.
h. All employees shall work in appropriate clothing, including footwear, suitable for the
type of work being performed, and shall wear or use appropriate safety devices or
personal protective equipment as provided, or directed.
i. When driving or riding as a passenger in a City-owned vehicle, or in a personal vehicle
while on City business, employees shall wear properly adjusted and fastened seat belts.
j. Employees shall comply with all applicable Local, State and Federal traffic laws when
operating a City vehicle or personal vehicle while on City business, except for police
officers when authorized in the line of duty and in accordance with Department standard
operating procedures (SOP's).
k. Any employee who suffers an on-the-job injury or illness, or is involved in an accident
while operating City equipment, a City-owned vehicle, or a personal vehicle on City
business, shall complete a report of accident on the approved report form and submit the
form to the immediate supervisor. The form shall be completed and submitted within
twenty-four hours of the on-the-job accident, injury or illness to the extent practicable.
Individual departments may adopt any safety rules that address particular operations or hazards that exist
within that department and which are not inconsistent with the general safety rules listed above.
Any employee found to be in violation of the general safety rules or applicable departmental safety rules
may be subject to disciplinary action.
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Section 3.12 Threats,Violence and Weapons
3.12.1 Prohibited Conduct
"Workplace violence" includes any behavior or conduct on City premises, which is sufficiently severe,
offensive, or intimidating to cause an individual to reasonably fear for his or her personal safety or the
safety of co-workers and/or property. It includes, but is not limited to:
a. Any physical behavior, or threat of physical behavior, which involves aggressive contact
with any person, including pushing, hitting, fighting, throwing objects or otherwise
intentionally injuring another person or attempting to injure another person.
b. Any physical behavior, or threat of physical behavior, that would place a reasonable
person in fear of receiving imminent physical injury or aggressive physical contact of the
sort discussed above; or
c. Any act of vandalism or other intentional damage or destruction of City property.
No employee or third party, except for authorized law enforcement personnel, is permitted to bring
weapons or firearms onto City property (including City vehicles).
3.12.2 Reporting Procedures
a. Employees who become aware of workplace violence or any threat of workplace
violence, whether by an employee or non-employee, must immediately report such action
to their immediate supervisor and law enforcement personnel. Disciplinary action may
result if the employee having knowledge of a suspected violent act fails to report the
incident.
b. Any employee who is a victim of workplace violence must immediately report the
situation to law enforcement personnel, then his or her supervisor or the City
Administrator when the supervisor is involved.
c. Any report made pursuant to this policy will be treated with confidentiality to the extent
reasonably possible and appropriate.
d. Actions that may be considered endangering or life threatening by or against any
employee or individual on City property should, in addition to the reports set forth above,
be reported to law enforcement by calling 911.
3.12.3 Investigation and Responsive Action
a. All incidents of alleged workplace violence will be investigated promptly by the City.
b. Based on the results of the investigation, the City will take appropriate action. If a
violation of policy is found, such action may include immediate discharge. Additionally,
the City may report the situation to law enforcement.
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c. When applicable, the City and its employees shall cooperate fully with police and other
law enforcement officials in the investigation and prosecution of any workplace violence.
d. The City may take other actions, as it deems appropriate under the specific
circumstances, including seeking judicial action.
3.12.4 No Retaliation
The City forbids retaliation against any employee for reporting any violation of this policy. Any
employee who engages in retaliation in violation of this policy shall be subject to disciplinary action up
to and including discharge.
Section 3.13 No Smoking or use of Tobacco Products
Smoking and/or use of any form of tobacco products are prohibited within city owned public buildings.
Designated areas may be designated with approval of the Department Head and City Administrator.
Section 3.14 Nepotism
3.14.1 Spouse/Relatives of Department Heads/Elected Officials
a. The employment of spouse or a relative of any department head or elected official may
be subject to a confidentiality disclosure agreement or conflict of interest agreement as
deemed necessary by the city attorney. For this purpose, a relative is deemed to mean a
spouse, parents, grandparents, children or grandchildren, siblings, aunts, uncles, in-laws,
and step relatives within these categories.
b. This policy is intended to comply with the requirements of all applicable federal, state,
and local laws. The City Administrator and Mayor are responsible for the coordination,
administration and implementation of the provisions of this policy.
3.14.2 Relatives of All Employees
a. The purpose of this policy is to establish consistent guidelines concerning the
employment of relatives of employees of the City. Relative is deemed to mean a spouse,
parents, grandparents, children or grandchildren, siblings, aunts and uncles, in-laws and
step-relatives, within these categories. It is the policy of the City to provide all
employees with equal employment opportunities for career advancement without fear of
favoritism or penalty, actual or implied, based on family relations.
b. The employment of a relative of any full-time City employee, in a full or part-time
position, is prohibited if such employment shall cause the new employee to come under
direct supervision of or provide direct supervision to the related full-time employee.
c. Full-time City employees will not be considered for promotion or transfer if such change
shall cause the employee to come under, or to provide direct supervision to a related City
employee.
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d. If employees in a supervisory relationship become related after employment, every effort
will be made to transfer one of the employees to a position where no supervisory
relationship exists. If neither employee volunteers to transfer, the City
Administrator/Mayor will arrange an involuntary transfer at his or her discretion.
Transfer decisions may be based on, but are not limited to, such factors as the grade of
each affected employee's position, the availability of openings for which the affected
employees are qualified, and the availability of replacement candidates for the affected
employees' positions.
e. This policy is intended to comply with the requirements of all applicable federal, state
and local laws.
f. The City Administrator and Mayor are responsible for the coordination, administration
and implementation of the provisions of this policy. Prior to the application of this policy
regarding employment or transfer decisions with respect to spouses, supervisors must
contact the City Administrator to ensure compliance with applicable federal, state and
local laws.
Section 4 Use of City Equipment
Section 4.1 Authorization to Use Equipment
City equipment and supplies may be used only for authorized City purposes. No City equipment or
supplies shall be removed from City premises for personal use. Only those employees authorized by the
Department Head, City Administrator, or Mayor.
Section 4.2 Use of City Vehicles
An employee must obtain permission from the Department Head to use City vehicles, as provided by the
City Policy (Appendix I), and use of city vehicles are encouraged, if available. Any out of pocket
expenses such as parking, tolls, and emergency repairs shall be reimbursed upon presentation of
receipts.
Section 4.3 Use of Personal Vehicles for City Business
Whenever an employee is authorized to use a personal vehicle in the performance of official City duties,
the employee shall be compensated at the prevailing IRS mileage rate. All mileage compensation shall
be a result of authorized personal vehicle use approved by the employee's Department Head.
Reimbursable uses include: the use of personal vehicle to attend out-of-town functions, training
sessions, and meetings when such functions are a requirement of the employee's job or are deemed
desirable by their Department Head or the Mayor.
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Section 4.4 Computer and Telephone Communications Systems
a. All computer and telephonic communications systems and all communications and
information transmitted by, received from or stored in these systems are the property of
the City and as such are to be used solely for job related purposes (Note: See Section 4.6
Personal use of telephones). The use of any software and business equipment, including
but not limited to, facsimiles, telecopiers, computers, and copy machines for private
purposes is strictly prohibited. All materials and information created, transmitted or
stored on City computer systems are the property of the City and may be accessed by
authorized City personnel. Employees shall have no ownership or proprietary interested
in the computer network, including any of the data files or applications operating or
residing on the computer network or any stand-alone computers. No employee shall,
without express authorization, copy or download any applications from the computer
network, copy or load any applications onto the computer network, or disclose to, or
allow the use of the computer network by, any third party. Furthermore, all employees
shall be required to sign an E-Mail, Voice Mail, Computer, and Office Equipment
Acknowledgement Form. (Appendix J)
b. If you use this equipment for personal purposes you do so at your own risk. Further, you
are not permitted to use a code, access a file or retrieve any stored communication unless
authorized to do so or unless you have received prior clearance from an authorized
supervisor. All pass codes are property of the City. You may not use a pass code that
has not been issued to you or that is unknown to the City. If you violate this policy, you
may be subject to disciplinary action, up to and including dismissal.
c. Employees must obtain written authorization from their Department Head to use City
information technology resources to access the Internet. Requests for Internet access
must be based on legitimate, business-related reasons. Employees may only use
authorized connections for Internet access. The network administrator will terminate any
unauthorized connections to the server. Department Heads who authorize access to the
Internet are responsible for promptly notifying the City's network administrator when
Internet users terminate, change departments or no longer require Internet access.
d. To ensure that the use of electronic and telephonic communications systems and business
equipment is consistent with the City's legitimate business interests, authorized
representatives of the City may monitor the use of such equipment from time to time to
the extent permitted by applicable state and federal law. Users should not have any
expectation of privacy with respect to any materials and information created or stored on
these systems.
Section 4.5 E-Mail Policy
The City provides an electronic mail ("e-mail") system to some of its employees in order to facilitate the
communication of work-related data internally and externally in the most effective and efficient manner
possible consistent with legal requirements and established policies and procedures. In order to provide
City employees with the benefits of e-mail communications without exposing the City to the many risks
inherent in e-mail communications, we have developed the following rules. If you have any questions,
contact the City Administrator.
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Section 4.5.1 The e-mail system may be used only to process and communicate work related data
and messages.
Employees may only use e-mail for legitimate business-related communications in the course of their
assigned duties. No one may use e-mail to conduct personal business of any kind, including
downloading data from the Internet or from any other source for other than strictly work-related
purposes. All data of any nature that are entered or received through your City computer including all e-
mail messages are and will remain City property. None of those data or messages may be used for any
purpose not related to City business, nor may they be sold,transmitted, conveyed or communicated in
any way to anyone outside of the City without the express written authorization of an officially-
designated City representative.
Section 4.5.2 City computers and all data and e-mail messages on City computer systems are
subject to inspection and search by the City.
In the course of their duties, City systems operators, department heads, supervisors, and/or approved
consultants may monitor employee use of the e-mail system and review the contents of data or messages
entering, leaving or stored in the e-mail system.
Section 4.5.3 The creation or transmission of any data or e-mail message that may be construed
to violate the City's "Harassment-Free Workplace" policy or "Equal Employment
Opportunity" policy is strictly prohibited.
This prohibition includes sexually explicit or offensive messages, cartoons or jokes, ethnic or religious
slurs,racial epithets or any other statement or image that might be construed as harassment or
disparagement on the basis of race, color, religion, sex, national origin, age, disability, marital status, or
any other status protected by law.
Section 4.5.4 E-Mail may not be used to transmit disciplinary messages or statements regarding
individual employees.
All such negative messages must be kept strictly confidential and therefore may not be communicated
via e-mail in any form whatsoever. For many of the same reasons,performance evaluations may not be
conducted or transmitted via e-mail.
Section 4.5.5 Unauthorized access of e-mail, use of other employees' passwords and disclosure of
other employees' passwords is strictly prohibited.
Unauthorized use of codes or passwords intended to gain access to other employees' e-mail accounts is
prohibited. Likewise, the unauthorized disclosure of other employees'passwords is prohibited.
As a condition of employment and continued employment, you are required to sign an e-mail
acknowledgement form. (Appendix J)
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Section 4.6 Personal Use of Telephones
Employees are permitted to use City telephones for personal use on limited basis and for local calls only.
Approval to use City telephones for personal business may be withdrawn by Department Heads if it
becomes excessive or if use causes interference with work duties. Employees may pay for any non-
business calls they make which are charged to the City. This policy is subject to change, as the City
deems necessary.
Section 5 Disciplinary Action
Section 5.1 Reasons for Discipline
Employees of the United City of Yorkville are expected to perform satisfactorily their assigned duties,
and it is the duty of the Department Heads to oversee conduct and work performance of said employees
within their respective departments. Unless otherwise set forth under a written contract of employment
or unless provided otherwise by the Board of Fire and Police Commissioners, employment with the City
is at-will, and employees can be discharged with or without cause, at any time at the sole discretion of
the City. Reasons for disciplinary action may include, but are not limited to, the following:
a. Incompetence, negligence, inefficiency, or failure or inability to perform your assigned
duties.
b. Abusiveness in your attitude or language, or in your conduct resulting in physical harm,
injury or harassment to City employees or the public.
c. Violation of City drug and alcohol policies.
d. Violation of any lawful or official regulation, order or rule. or your failure to comply with
any lawful direction given by your superior.
e. Conviction of a felony or any criminal misdemeanor set forth in Section 10-1-7 of the
Illinois Compiled Statutes.
f. Causing damage to public property or waste of City supplies through negligence or willful
misconduct, or failure to take reasonable care of City property.
g. Falsifying employment applications or City records.
h. Absence from scheduled work without prior authorization
i. Claiming sick leave under false pretenses.
j. Absence without leave for a period of three (3) days (an involuntary resignation), or a
failure to report after leave of absence has expired or has been disapproved, revoked, or
canceled by the employee's superior.
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k. Work history shows excessive or chronic absenteeism.
1. Insubordination.
m. Any other reason as determined by supervisor, Department Head, or Mayor.
These examples are not all-inclusive, and other conduct not specifically covered above may result in
disciplinary action depending upon the circumstances.
Section 5.2 Discipline Procedure
The City is committed to assisting all employees who are not performing their job duties at expected
standards. The City shall take any or all of the following steps in developing a "remediation plan" for
employees with performance problems, although remediation may not be appropriate for all employees.
The City, in its discretion, will determine when remediation will be made available to an employee, as
well as what steps shall be included in a remediation plan.
5.2.1 Remediation
Notice and a chance to improve. Department Head shall inform the employee of his performance
problems or shortcomings, and provide a reasonable opportunity to improve.
Specific Information. Department Head shall let the employee know exactly what the problem is, and
set up an improvement program that calls for specific actions by stated deadlines. Furthermore, the
Department Head may recommend to the employee to contact the Employee Assistance Program.
Maintenance of Records. Early warnings may take the foam of verbal counseling; further warnings
shall be in writing and these warnings are performance based warnings. Department Head shall include
copies of any performance based warnings in the employee's personnel file. Employees shall be given
the opportunity to sign warnings. Therefore, signing does not constitute the acceptance of such warning,
but acknowledges employee is aware of the warning. Performance based warnings will be reviewed
every 365 days or one year after issuance. If the employee has improved, the warning may be removed
from his/her file and sealed.
Provide a reasonable time to improve. When setting the deadline for improvement, the Department
Head shall determine what would be a reasonable time considering the problem and circumstances.
5.2.2 Disciplinary Procedure
Procedure for Disciplinary Action or Terminated Review. All employees who have been notified of
performance problems and directed to improve and correct such problems may be subject to discipline
or discharge for the failure to do so or where further performance problems arise. Remember sworn
employees are subject to the requirements of the Board of Fire and Police Commissioners Act. An
employee can be suspended any time, with intent to discharge, without regard to the preceding steps, if
he or she commits an offense for which immediate discharge is specified as a penalty or if, in the
Department Head's judgment, the employee's continued presence would be contrary to the well being of
the City or any of its employees. Until action by the Mayor is taken the employee shall be suspended
with pay. The Mayor shall approve every discharge.
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Purpose. The primary purpose of the disciplinary system is to correct improper behavior, not to impose
penalties. The City expects its Department Heads and Supervisors to recognize situations where
disciplinary measures are the most appropriate means to the end.
Perspective. It is helpful to view discharge as an ultimate mean to correct a problem, when all else has
failed. An employee, whose behavior or poor performance is due to lack of knowledge or experience,
should receive training and assistance, not discipline.
First Violation. Counsel the employee and issue a verbal warning. The Department Head and/or
supervisor shall notify the employee that he or she is receiving a formal warning. The Department Head
and/or supervisor shall place an informal memo in the employee's history file with the employee's
knowledge. The Department Head and/or supervisor shall also inform employee of the contents of that
memo.
Second Violation. The Department Head and/or supervisor shall hold a meeting with the employee at
which time the nature of the offense will be explained, and warned that any repetition could lead to the
suspension or discharge of the employee. The Department Head and/or supervisor shall offer help to the
employee in solving the problem. A formal written warning shall be issued concerning the prior
incident. One copy shall be given to the employee and one shall be placed in the employee's file.
Third Violation. The employee shall be suspended up to ten (10) days without pay upon approval by
the City Administrator. The Mayor and City Council shall approve any suspension recommended by the
City Administrator that is more than ten (10) days without pay. The employee shall be warned that a
single further offense may be grounds for suspension up to thirty days or discharge. Upon the third
violation, the Mayor and City Council shall be notified.
Fourth Violation. Employee shall be given suspension more than three days up to thirty days or
discharged, observing the procedures in this manual for processing an involuntary termination.
Section 5.3 Grievance Procedure
A grievance is defined as any expressed difference, dispute or controversy between an employee and the
City, concerning the circumstances and conditions that concern the working relationship or work
environment, however discipline and discharge procedures are not subject to review under the grievance
procedure. If an employee has any complaint that cannot be handled orally by consultation with his
Department Head, he may submit in writing within fifteen calendar days, his grievance to both the
Department Head and the City Administrator for review by the City Administrator. When a decision is
reached regarding the resolution of the problem a letter or memo shall be sent back to the Department
Head and to the employee within thirty days. In the event the employee is not satisfied with the
resolution proposed by the City Administrator, the Employee may request within twenty-one days an
independent review by the Mayor. Any action taken by the Mayor will be final. This grievance
procedure does not include any employee who is covered by a collective bargaining agreement unless
specifically specified within the agreement.
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Section 6 Payroll Administration, Hours of Work and Overtime
Section 6.1 Regular Hours of Work
Section 6.1.1 Workday hours and lunch breaks
Public Works Department maintenance employees normally begin their workday at 7:00 a.m. and end at
3.30 p.m., Monday through Friday, unless properly notified by Department Head. Lunch breaks are 1/2
hour(unpaid) and shall be determined by their Department Head. Lunch breaks for the City Offices
shall be 1/2 one hour (unpaid) and scheduled not to disrupt office hours.
Section 6.1.2 Public Works employee "On Call" status, duties, and payment
Employees will be required for "On Call" duties to maintain the city public infrastructure. They shall be
expected to check pumps and perform other such work as may be directed from time to time. The
employee shall check the status of the wells,pumps, and lift stations approximately 7: 00 a.m. and wells
again at approximately 4:00 p.m. for which they shall receive a minimum of two hours pay at the
overtime rate. Personnel so selected for"On Call" duty shall be available for emergencies unless other
arrangements are made between employees. Any such arrangements made shall require notification to
the Department Head.
Section 6.1.2 Work Schedule
The workweek shall consist of forty (40)hours per week for all City non-exempt full time employees.
The Department Head shall determine the length of the shift and starting time providing the City
services are not disrupted.
Section 6.2 Shift Changes
All employees shall normally be given fourteen (14) days notice of any changes in regular working
hours, except in cases of emergency, or by mutual consent of employee and Department Head.
Section 6.3 Payroll Administration
All salaried, hourly, and part-time personnel shall be paid biweekly. Up to a one-week delay in payment
may be in effect for regular and overtime hours. Further payroll and reimbursement policy details are as
follows:
a. Paychecks will be issued no later than 12:00 p.m. on payday.
b. All full-time employees with health insurance coverage will have $1.00 withheld from the
first paycheck of each month for their contribution to the health insurance costs.
(Participating plan.) This fee is subject to change upon a review and approval by the City
Council with a ninety (90) day notice to the employees that the City Council is reviewing a
proposal to change plans or fee structure before approval.
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c. Insurance reimbursement checks shall be issued with all other vendor checks only after
approval by City Council.
d. No checks shall be distributed to individuals. Department Heads or their designee shall
distribute payroll checks.
e. All dental and vision assistance request must be given to the Accounting Clerk by April 30 of
the current year except as stated in Section 8.3b Rollover Dental/Vision Policy.
f. All the above shall apply unless extraordinary circumstances prevent them from occurring.
g. Hourly pay is defined as base pay plus all stipends.
Section 6.4 Callback Pay
All full time employees covered by this Personnel Policy who are called back to work after having left
after a full scheduled work day shall receive a minimum of two (2) hours work at time and one half pay.
A call back is defined as an assignment of work that does not immediately precede or follow an
employee's regularly scheduled work hours. Department Heads do not receive overtime pay, but may
take time earned, when the demands of the position allow them to do so, with the approval of the Mayor.
Section 6.5 Overtime Scheduling
Time worked in excess of the established regular workweek hours constitutes overtime work. Before
perfouning any overtime work the employee must receive approval from their supervisor or Department
Head.
Section 6.6 Overtime Pay
a. Overtime pay shall be considered that time worked in more than their normal scheduled
workday or forty (40) hours per week. Overtime pay shall be paid at the rate of one and
one-half times the hourly rate, determined by dividing the annual salary by 2,080 hours.
b. All full time, non-exempt employees will be compensated for all hours worked as
described within their job description and duties as authorized, which means no employee
shall work as an independent contractor or receive a stipend for hours worked except as
authorized as an appointed position. Employees shall be duly compensated under the
FLSA for hours worked; however employees may be subject to discipline for performing
unauthorized work.
Section 6.7 Compensation Time
a. The City encourages the use of compensatory time,provided the net result is a saving of
wage expenditures.
b. Compensation time is earned at the rate of 11/2 hours for each hour of overtime worked.
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c. All non-exempt, full-time employees (at their discretion and with their Department
Head's approval), shall be allowed to take compensation time. This is in lieu of any
overtime hours worked for which an employee waives overtime pay. An employee is
allowed to use compensation time by the hour and/or day provided compensation time is
earned and overtime is waived before requesting compensation time. Sworn full-time
employees may take compensation time, as outlined in their police collective bargaining
agreement.
d. There is a cap of 240 hours of compensatory time that may be accrued for all non-exempt
employees. The City reserves the right to require employees to use compensatory time or
to "cash out" accrued hours except forty (40) hours at any time with a thirty (30) day
written notice to their Department Head.
e. Upon termination of employment, the employee will receive cash compensation for any
accrued comp time remaining.
f. The City will honor an employee's request to use comp time within a reasonable period of
time following the proper request, so long as the use of the comp time will not "unduly
disrupt" the City's operations.
Section 6.8 Pay Adjustments
a. Wages for all City employees shall be reviewed by April 1st of each year. Any
adjustments in pay shall be granted at this time, to be effective with the first payroll of the
following fiscal year, (May 1). This is not meant to imply that raises shall automatically
be granted. Wages and benefits, directly related to their respective departments, is an
addendum to this Personnel Policy. This addendum may be updated from time to time to
reflect City Council approved adjustments.
b. A new employee hired within six (6) months before a wage increase may not be eligible
for such wage increase until satisfactory completion of a six-month period of time.
Section 6.9 Longevity Pay
Longevity stipend will be made to all full-time exempt and non-exempt, non-bargaining employees
based on the below schedule. This stipend is added to the annual salary for non-exempt employees and
exempt employees will receive the stipend on the 1st pay period of the employee's anniversary of date of
hire.
After 6 years, but less than 9 years $ 750
After 9 years, but less than 14 years $1000
After 14 years, but less than 20 years $1250
After 20 years, but less than 25 years $1500
After 25 years $2000
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Section 7 Leave Time
Section 7.1 Vacation Leave
a. Employment anniversary dates shall govern the number vacation days allowed.
b. Full-time and eligible part-time employees are entitled to the following vacation time.
First year employees shall not receive a vacation until the completion of one year of
employment, unless otherwise approved by the City.
One(1) year through five (5) years - (80 hours)
Six (6) years through ten (10) years - (120 hours)
Eleven (11) years or more - (160 hours)
c. Employees earning eighty (80) or more hours vacation may take up to forty (40) hours
vacation as pay, subject to the approval of the Department Head.
d. Vacations are normally requested in forty (40)hour increments. All requests must be
submitted at least fourteen (14) days in advance and approved by the Department Head.
Any vacation request submitted for the calendar year by February 28th will be approved
based on seniority and scheduling to provide adequate services. Once the vacation
request is approved the employee has reserved his right to his vacation leave, however,
all leaves are subject to review and/or cancellations for major emergency or extreme
circumstances, which causes a personnel shortage. Eight (8) hours of vacation time may
be taken in single days with the approval of the Department Head.
e. Provided the employee has made a reasonable effort to take vacation time, but such time
was denied due to scheduling problems, one week of unused vacation time may be
carried over into the next year, or the employee shall receive pay for the unused vacation.
The Department Head shall make this decision.
f. Upon termination of employment, the employee shall receive prorated accumulated
vacation pay on the basis of 1/12 for each full month worked past the employee's
appointment date, based upon the employee's vacation time determined by length of
employment.
Section 7.2 Holiday Leave
a. Holiday pay shall be paid to all full-time employees.
b. All employees shall receive their normal rate of pay with the day off. This is not
intended to imply they shall receive any additional pay, but only the pay they would have
received had they worked the day as a normal workday.
c. All sworn, non-exempt, full-time employees' Holiday Pay will be covered as outlined in
the police collective bargaining agreement.
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d. Public Works employees called in to work on a holiday shall receive double pay for the
number of hours worked. This means that an Employee shall receive his holiday pay,
plus double time pay for hours worked.
e. The following twelve (12) holidays shall be observed:
New Years Day
Martin Luther King, Jr.'s Birthday
President's Day
Good Friday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve Day
Christmas Day
f. Besides the twelve (12) holidays listed, all employees shall receive two (2) floating
holidays, which cannot be accumulated if not taken. Department Head's approval must
be obtained before taking the floating holidays.
Section 7.3 Sick Leave
Section 7.3.1 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. An employee who is
unable to work by reason of a non-duty related illness, injury, or disability as contained
herein may take sick leave. Employees shall accrue eight (8) sick leave hours per month
to a maximum accrual of 960 hours.
Section 7.3.2 Medical Verification.
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 7.3.3 Sick Leave Utilization.
Sick leave may be utilized only for the purposes as stated in the first paragraph of this
section. 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. 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
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United City of Yorkville Employee Manual Final 01-13-04
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 7.3.4 Unused Sick Leave.
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 as determined on April 30th for each sick hour 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 to them by June 15.
An employee who is eligible upon separation to collect a retirement pension under IMRF or the Police
Pension Fund, who leaves the City's employment [through retirement, a reduction in force, or voluntary
resignation] and has been employed by the City for more than ten(10) years shall be paid for all unused
sick leave at fifty (50%) of his regular rate of pay for all accumulated and unused sick leave up to 960
hours.
Section 7.4 Reporting of Absences
All Department Heads shall keep an accurate account of any absences taken by their employees.
Getting to work regularly and on time is one of the employee's prime responsibilities. Failure to be on
the job when scheduled reduces the efficiency of the City. Illness should be reported to the employee's
supervisor one (1) hour before the start of the workday. Failure to secure proper permission for the use
of personal days and/or sick hours or to report illness on time may result in full loss of pay for the hours
involved.
Section 7.5 Duty-Related Illness or Leave
In the event of a work-related accident or death that occurs while on the job, all employees are eligible
for worker's compensation as provided by law. Employees covered by a collective bargaining
agreement should consult the relevant agreement for additional information. The Department Head may
consider a light duty program for any employee who has a medical release to return to limited duty.
Section 7.6 Emergency and Bereavement Leave
Time away from the job due to emergencies will be granted at the discretion of the Department Head.
The Department Head shall make the decision whether non-exempt employees shall receive paid or
unpaid time off, or shall be required to make up missed time. Exempt or supervisory employees shall be
permitted to take emergency leave at the discretion of the Mayor or his/her designee, and where the need
for leave is a day or more, the City may, at its discretion, designate such leave as unpaid leave time.
Emergency time off for bereavement will only be allowed in the case of death of an immediate family
member, (mother, father, brother, sister, child, spouse, mother-in-law, father-in-law), or in special cases
as approved by Department Head. These days are separate from floating holidays and sick hours.
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United City of Yorkville Employee Manual Final 01-13-04
Section 7.7 Military Leave
The City will provide for leaves for uniformed or military service in accordance with the requirements
of state and federal laws. If you need to take leave for uniformed or military service, you should submit
a copy of your orders along with your request for leave as soon as you become aware of the need for
leave. Please contact City Administrator for further details about your uniformed or military leave
rights.
These provisions apply to all Illinois employers, including public employers. Furthermore, employees
who are members of the reservists—either in the U.S. Armed Services or in the Illinois National Guard
—are entitled to the following benefits (under Illinois Law) when mobilized to active military duty by
presidential order:
• Continuing compensation (minus the amount of the employee's base pay for
military service) for the entire period of active military service; and
• Continuing health insurance and other benefits the employee was receiving or
accruing at the time the employee entered military service.
Section 7.8 Jury Duty Leave
Employees shall be granted leave with pay when required to be absent from work for jury duty.
Employees are expected to contact their supervisor and report to work when they are excused from jury
service, temporarily or finally. Any payment received from jury duty shall be given to the City in lieu of
receiving leave with pay.
Section 7.9 Unpaid Discretionary Leave
Employees may obtain a leave of absence. Discretion is of the City Council. Such leave shall be unpaid
and shall not be used to gain employment elsewhere.
Section 7.10 Family and Medical Leave
7.10.1 General Statement
It is the policy of the United City of Yorkville (the "City) to provide up to twelve (12) weeks of unpaid
family and medical leave during a 12-month period to eligible employees in accordance with the Family
and Medical Leave Act of 1993 ("FMLA"). The 12-month period is measured using a rolling backward
year.
7.10.2 Eligibility
In order to qualify to take family and medical leave under this policy, an employee must have worked
for the city for at least twelve (12) months and at least 1,250 hours during the twelve (12)month period
immediately before the date when the leave would begin.
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United City of Yorkville Employee Manual Final 01-13-04
7.10.3 Reasons for Leave
a. A leave may be requested for any of the following reasons: (1) Child Care. To care for a
child born to or placed for adoption or foster care with an employee; (2)Family Medical.
To care for a spouse, child, or parent("covered family member") with a serious health
condition; or (3) Employee Medical. Because of your own serious health condition
which renders you unable to perform the functions of your position. Child Care Leave
must be completed within the twelve(12)month period beginning on the date of birth or
placement. In addition, spouses employed by the City who request Child Care Leave or
leave to care for an ill parent may only take combined aggregate total of twelve (12)
weeks during any 12-month period.
b. Employees will not be granted an FMLA leave to gain employment or work elsewhere,
including self-employment. Employees who misrepresent facts in order to be granted an
FMLA leave will be subject to immediate termination.
7.10.4 Leave is Unpaid
a. FMLA leave is unpaid leave. If you request Child Care or Family Medical Leave, any
accrued paid vacation and personal time must first be substituted and used for unpaid
FMLA leave. If you request Employee Medical Leave, any accrued paid vacation,
personal and applicable sick leave (in that order) must first be substituted and used for
any unpaid FMLA leave. The substitution of paid leave time for unpaid leave time or use
of short-term disability does not extent the 12-week leave period. Employee Medical
Leave will also run concurrently with leave taken under the City's disability leave policy
and workers' compensation leave, if taken for an FMLA qualifying serious health
condition.
b. If an employee takes vacation time/sick leave using salary continuation for a condition
that constitutes or progresses into a serious health condition,the City may designate all or
some portion of such leave as under this policy, to the extent that the paid leave meets the
necessary qualifications.
7.10.5 Notice of Leave
If your need for FMLA leave is foreseeable, you must give the City at least thirty (30) days prior written
notice. Failure to provide such notice may be grounds for delay of leave. Where the need for leave is
not foreseeable, you are expected to notify the City as soon as practicable, generally within one to two
business days of learning of your need for leave. A request must be made in writing on the City's forms
(Appendix K), available in personnel.
7.10.6 Medical Certification
If you are requesting Employee Medical or Family Medical Leave you and the relevant health care
provider must supply appropriate medical certification. The City will supply you with medical
certification forms. The medical certification must be provided within fifteen (15) days after it is
requested, or as soon as reasonable under the circumstances. Failure to provide requested medical
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United City of Yorkville Employee Manual Final 01-13-04
certification in a timely manner may result in denial of leave until it is provided. In its discretion and at
its own expense, the City may require a second medical opinion, and if the first and second opinions
differ, a third medical opinion. The third opinion will be provided by a health care provider approved
jointly by the employee and the City and will be binding. The City may also require recertification
periodically during a leave, and employees will be required to present a fitness-for-duty certificate upon
return to work following an employee medical leave.
7.10.7 Medical and Other Benefits
a. During an FMLA leave, the City will maintain the employee's health benefits on the same
conditions as if the employee had continued working. If paid leave is substituted for
unpaid FMLA leave, the City will deduct the employee's portion of the health plan
premium as a regular payroll deduction. If the FMLA leave is unpaid, the employee must
make arrangements with the City to pay his/her portion of the premium. Group health
care coverage will cease if the employee's premium payment is more than thirty (30) days
late, but the employee will be notified at least fifteen (15) days before coverage lapses.
Additionally, if the employee fails to return from leave, the City will require repayment
of any premium that was paid for maintaining the health coverage for the employee,
unless the employee does not return because of a continuing or recurring serious health
condition of either the employee or a covered member, or because of other circumstances
beyond the employee's control. Employees are not entitled to other benefits or seniority
accrual during the FMLA leave.
b. Any changes in benefit plan provisions and costs may apply to individuals on FMLA
leave the same as if they were actively employed, according to the terms of the applicable
plan.
7.10.8 Returning from Leave
a. Employees who return to work from FMLA within or on the business day following
expiration of the twelve (12) weeks are entitled to return to his or her same position or to
an equivalent position with equal benefits,pay or other terms and conditions of
employment. The City may choose to exempt certain highly compensated ("key")
employees from this requirement and not return them to the same or similar position.
b. If you take an Employee Medical Leave, you will be required to provide medical
certification that you are fit to resume work. Employees failing to provide the Return to
Work Medical Certification Form will not be permitted to resume work until it is
provided.
7.10.9 Reporting While on Leave
The City may require an employee on FMLA leave to report periodically on the employee's status and
intent to return to work.
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United City of Yorkville Employee Manual Final 01-13-04
7.10.10 Intermittent and Reduced Schedule Leave
FMLA leave because of a serious health condition may be taken intermittently (in separate blocks of
time due to a single covered health condition) or on a reduced work schedule (reducing the usual
number of hours you work per workweek or workday) if medically necessary. If FMLA leave is unpaid,
the City will reduce your salary based on the amount of time actually worked. In addition, while you are
on intermittent or reduced schedule FMLA leave, the city may temporarily transfer you to an available
alternative position that better accommodates your recurring leave and which has equivalent pay and
benefits.
7.10.11 Policy Administration
This policy is intended to comply with and will be administered in accordance with the Family and
Medical Leave Act of 1993 and any applicable regulations, definitions and law there under, as well as
any state family or medical leave laws granting additional rights that are applicable to employees
employed in Illinois.
7.10.12 Interrelation of Leaves
Any leave taken pursuant to this policy, other City policies, a collective bargaining agreement, or law
which qualifies as leave under the FMLA or any applicable state family or medical leave act, will be
counted against the employee's available leave under the applicable City policies, collective bargaining,
and/or law, as well as the available leave under the FMLA or applicable state law, to the extent
permitted by such applicable law.
Section 7.11 Benefits While on Leave
a. Time spent on extended unpaid leaves of absence may not be counted as creditable
service for pension purposes. Further, if an employee goes on an approved, unpaid leave
of absence for a period in excess of thirty (30) calendar days and wishes to continue to be
covered by the City's health or life insurance, he or she will be responsible for payment
of the total monthly insurance premiums unless otherwise provided by law.
b. It is the policy of the City NOT to request the City Council to grant IMRF Pension Credit
and Death and Disability Protection Leave Authorization for an employee going on
unpaid discretionary leave of absence.
c. Upon return, the City will place the employee in his or her previous assignment, if
vacant, the employee will be placed in the first available assignment according to the
employee's seniority, where skill and ability to perform the work without additional
training is equal. If, upon the expiration of a leave of absence, there is no work available
for the employee or if the employee could have been laid off according to his seniority
except for his leave, he shall go directly on layoff.
d. Employees will maintain their employment status and previously accrued benefits while
on approved paid leave. Except where otherwise noted, employees will continue to
accrue benefits during the time they are on approved paid leave from City service.
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United City of Yorkville Employee Manual Final 01-13-04
Section 8 Employee Benefits
Section 8.1 Health and Life Insurance Coverage
a. All full-time and eligible part-time employees are covered under the City's health
insurance plan. There may be a waiting period before new employees are eligible for
coverage. After completion of the waiting period, insurance shall begin on the first day
eligible as detellnined by the health insurance policy then in effect. The City agrees to
pay the premium thereafter for employees and their dependents, except for $1/month
participation by the employee and the City reserves the right to change the monthly
participation fee. The City will make every effort to provide employees with a ninety
(90) day written notice of any proposed change.
b. The City shall provide life insurance for full-time and eligible part-time employees, in the
amount of$50,000. Spouses will be insured at$5,000 and dependents at$2,000.
c. Summary plan descriptions (SPD's), which explain coverage of your health and life
insurance benefits in greater detail are available from the Accounting Clerk. The actual
plan documents, which are available by making a written request to the Accounting
Clerk, are the final authority in all matters relating to the benefits described in this
Manual or in the summary plan description and will govern in the event of any conflict.
Additionally, the City reserves the right to change insurance carriers, change health
maintenance organizations, self-insure, and/or change or eliminate any benefits at any
time with a ninety (90) day notice, when practical in accordance with applicable law.
Section 8.2 Pension Participation
8.2.1 Eligibility
All employees who work 1,000 hours or more per calendar year are covered by the Illinois Municipal
Retirement Fund (I.M.R.F.)pension to which the City and employees shall contribute.
8.2.2 Military Service Credit (Appendix L)
All employees who were in active participating status under IMRF on the date of June 14, 2001 shall be
allowed service credit to employees who served in the armed forces of the United States for up to two
(2) years of service, prior to their participation in the Illinois Municipal Retirement Fund
Section 8.3 Vision and Dental Assistance
Employees and dependents shall receive the following vision and dental assistance in total. The
amounts listed below may be increased from time to time by resolution. Please check current records.
Employee $300 per year
Dependents $250 per year per dependent
Note: An employee may opt to utilize an eligible coverage for himself or herself and/or his or her
dependents, for one or more individuals of his family.
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United City of Yorkville Employee Manual Final 01-13-04
a. Bills must be paid by employee, and the employee will be reimbursed. Reimbursement
requests must be submitted to the Department Head for approval.
b. Employees may rollover remainder dental/vision funds for a time span of three (3) fiscal
years to allow them to use the benefits cumulatively. (Appendix M) The maximum
dollar amount an employee may keep accumulated is $3000.
Section 8.4 Continuation of Medical Coverage
An employee who would otherwise lose group health insurance coverage because of a reduction in
working hours or the termination of employment for reasons other than gross misconduct, is eligible to
continue under the City's plan up to 18 months or for such other period time prescribed by law. The
City will notify an employee of the time period for which continuation coverage may be provided. If an
employee elects to continue coverage, he or she will be responsible for payment of the full premium,
which amount may change from time to time.
Section 8.5 Uniform Allowance
The city shall provide uniforms for all full-time and eligible part-time employees,required to wear
uniforms. Replacement shall be provided, as authorized by the Department Head. The specifics of
uniform style shall be defined in Departmental Policy and approved by the City Council.
Section 8.6 Education and Training
a. The City shall pay all expenses including wages at "regular" pay, travel, and training fees
for any full-time or approved part-time employees enrolling in "required" training
courses.
b. All requests by an employee for the enrollment to a college degree or certificate program
must be submitted by the Department Head to the Mayor and City Council for approval.
Then all courses related to the program shall be eligible for payment subject to budget
approval. This provision shall be subject to change and does not entitle any employee the
exclusive right to receive approval. Furthermore, the employee shall provide a grade or
transcript to the Department Head upon the completion of each course. Any revisions or
change requested by the employee to the approved program must be submitted to the
Department Head for approval prior to the revision or change.
c. The City may pay all expenses of an elective course. An elective course is one that may
benefit the City by added knowledge, but is not directly related to City operations.
d. The tuition and fees only (no books or materials) of an elective or required course will be
paid through direct billing from the appropriate school and the employee will sign the
payroll deduction form prior to the enrollment of the course stipulating to The following
provisions. , If a grade of a C-average or better is attained upon the completion of the
course the class will be considered complete and paid for by the City. If less than a C-
average is attained, the employee will be required to pay back 100% of the tuition and
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United City of Yorkville Employee Manual Final 01-13-04
fees to the City through a payroll deduction as stipulated within the payroll deduction
sign off form or direct payment to the City.
e. All Department Heads will complete the Off-Premises Training Hours Worked
Agreement form (Appendix N) for all employees who attend training outside the Chicago
Metropolitan area.
£ If arrangements can be made with company or institutions that are more advantageous to
the City, efforts will be made to benefit from those arrangements. Employees taking off-
shift classes that are required shall be paid at their regular rate of pay, including mileage.
g. When seminars deemed in the best interest of the City by the Department Head and the
appropriate committee, only committee approval is needed to send an employee to the
seminar and pay expenses incurred. However, if the seminar or conference is stated
within the narrative of the budget this constitutes approval. In addition, all out-of-state
travel for meetings/seminars/training/conferences that have numerous locations the
Department Head must select the most cost effective destination. Any request that is not
included within the narrative of the budget the Department Head must receive approval
by the Mayor and the Appropriate Committee,
h. Educational stipends will be paid for education in their related field over that required for
entry level of that position as follows for all full-time non-bargaining employees:
Associate Degree or 60 Credit Hours 2%
Bachelor's Degree 2%
Master's Degree 2%
This stipend is applicable only to one (1) degree beyond that necessary for entry level of that position
except that all are eligible to earn up to the Bachelor Degree level as outlined above (one-time annual
salary adjustment.)
Section 8.7 Travel Expenses
Meals and Lodging. Employee's lodging and meal expenses shall be covered as a maximum
reimbursement per diem while traveling on City Business. A Department Head will submit a per diem
request prior to the event with his/her signature to the Accounting Clerk for bill list issuance of a check
of the receipts may be submitted after the event for reimbursement of the actual amount spent up to a
maximum of$40 per day for meals. Per Diem will not be paid for a meal included with the price of
registration of the event. The $40.00 per day allowance for meals will be broken down as follows:
$10.00 for breakfast, $10.00 for lunch, and $20.00 for dinner. Lodging will be set at a
standard/Government/conference rate not to exceed $150.00 per night and prior approval from the
Department Head must be obtained for any and all increases to this amount for lodging. The Meals,
Mileage and Lodging form must be submitted, but if the amounts are greater than the above, receipts
must accompany the form and have the Department Head' s approval.
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United City of Yorkville Employee Manual Final 01-13-04
Section 8.8 Internal Revenue 457 Deferred Compensation Plan (Appendix 0)
The City offers for all full time employees to participate in an Internal Revenue Code 457 Deferred
Compensation Plan, which creates the opportunity for financial benefits and favorable tax treatment on
the part of its employees. The employee contacts the Human Resource Clerk to receive and complete
the appropriate documents to enroll in the plan.
Section 8.9 Employee Credit Union (Appendix P)
The City offers for all employees to participate and become members of the Aurora Earthmovers Credit
Union. The City will assist in any necessary or required deductions and payments to the Aurora
Earthmovers Credit Union for any of the employees who become members. The employee contacts the
Human Resource Clerk to receive and complete the appropriate documents to enroll in the plan.
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United City of Yorkville Employee Manual Final 01-13-04
APPENDICES
A. Employee Manual Acknowledgement Form
B. Board of Fire and Police Commissioners—Ordinance#2001-40
C. Employment Background Check Wavier and Release of All Claims Form
D. Equal Employment Policy—Resolution# 1993-18
E. Employee Assistance Program Resolution#1996-10
F. Drug Free Workplace Policy—Resolution# 1993-17
G. State Gift Ban Act—Ordinance#1999-12
H. Safety Policy Resolution#1997-08
I. Vehicle Policy - Approved 12/8/00
J. E-Mail, Voice mail, Computer and Office Equipment Acknowledgement Form
K. Family Medical Leave Act Leave Request Form
L. Illinois Municipal Retirement Fund Service Credit for Military Service - Resolution#2001-31
M. Accrual of Dental and Vision Benefits—Resolution#2001-23
N. Off-Premise Training Hours Worked Agreement
O. Internal Revenue Code 457 Deferred Compensation Plan for Employees—Resolution#1994-16
P. Credit Union—Resolution#1996-02
Listing of Appendices
APPENDIX A
EMPLOYEE ACKNOWLEDGMENT FORM
EMPLOYEE ACKNOWLEDGEMENT FORM
I acknowledge having received a copy of the United City of Yorkville's Employee Manual and I
agree to read and become familiar with its contents. I understand that this Manual is not an express
or implied contract of employment and that it does not create any rights in the nature of an
employment contract. Rather, this Manual is an overview of personnel policies related to my
employment. Nothing shall restrict my right to terminate my employment at any time and nothing
shall restrict the right of the City to terminate my employment at any time. I also understand that
all the policies, rules, and regulations in the Manual may be changed from time to time.
Employee Signature
Employee's Printed Name
Date of Acknowledgement
Revision Date of Manual:
APPENDIX B
ORDINANCE#2001-40—BOARD OF FIRE AND POLICE COMMISSIONERS
ORDINANCE #2001-40
AN ORDINANCE CREATING A BOARD OF FIRE AND POLICE COMMISSIONERS
FOR THE UNITED CITY OF YORKVILLE.
WHEREAS, based upon the results of the current Census taken in the fiscal year 2000-2001
confirmed by the Federal Government, the population of the United City of Yorkville now exceeds
5;000 inhabitants; and .
WHEREAS, pursuant to 65 ILCS 5/10-2.1-1 et. seq. it is required pursuant to the Illinois
Municipal Code that a Board of Fire and Police Corilmissioners be created for the purpose of
regulating and providing the hiring, discipline, negotiation of contracts, and all matters relevant to a
Municipal Police and/or Fire Department if such exists; and
WHEREAS, the United City of Yorkville has a full-time Municipal Police Force, but does
not have a Municipal Fire Department that will come under the jurisdiction of the Board of Fire and
Police Commissioners; and
WHEREAS, the City Council of the United City of Yorkville and the Mayor are required to
appoint an initial Board of Fire and Police Commissioners, based upon the nomination of the
Mayor, consent of the City Council, and qualification of office by execution of the appropriate
Affidavit as .is required by Statute complying with the terms of qualification for said appointment;
and
WHEREAS, all statutory notices, time frame, and other actions necessary for the creation
and adoption of the Board of Fire and Police Commissioners have been taken by the United City of
Yorkville; and the City Council and Mayor having reviewed the contents of this Ordinance and
deeming it in the best interest of the United City of Yorkville to adopt and approve:
NOW THEREFORE, upon motion duly made, seconded, and approved by a majority of
those so voting the following action is hereby Ordained and enacted by the United City of
Yorkville:
SECTION 1: CREATION
That a Board of Fire and Police Commissioners is hereby created to manage the affairs of the
Municipal Police Department of the United City of Yorkville, to provide rule-making for the
operation of said Department; to assume all duties of hiring, discipline, retirement regulation and
the like for the successful operation of the United City of Yorkville Municipal Police Department.
The Chief of Police will remain a position appointed by the Mayor with the advice and consent of
the City Council and will not be hired or disciplined by the Board of Fire and Police
Commissioners.
SECTION 2: TERM
The Mayor of the United City of Yorkville, with the consent of the City Council shall appoint three
members to said Police Board within thirty days (30) of the passage of this Ordinance pursuant to
section 5/10-2.1-2 of the Illinois Municipal Code. One member shall serve by appointment until the
end of the current fiscal year of April 30, 2002 one appointed member shall serve until the
conclusion of the next City Municipal fiscal year concluding on Apri130, 2003; and the third
member shall be appointed for a term that shall cease on April 30, 2004. Thereafter at the next
successive appointment for each respective office, the Commissioners so appointed shall be
appointed for a three year term by the Mayor with the consent of the City Council.
APPENDIX B
ORDINANCE#2001-40 —BOARD OF FIRE AND POLICE COMMISSIONERS
SECTION 3: QUALIFICATIONS OF OFFICE
Upon appointment as a Commissioner to the United City of Yorkville Board of Fire and Police
Commissioners, the individuals so taking office shall execute an Affidavit under oath prior to
taking office setting forth the following qualifications in order to serve as a Commissioner on the
Board of Fire and Police Commissioners pursuant to the Illinois Municipal Code:
A. Affiant has not been convicted of a felony under the laws of this State or any comparable
laws of any other State or the United States.
B. Affiant shall not be related either by blood or marriage up to the degree of first cousin to
any elected official of the United City of Yorkville.
C. Affiant is aware that no more than two members of the Board of Fire and Police
Commissioner shall belong to the same political party existing in the Municipality at the
time of the appointment as defined in Section 10-2 of the Illinois Election Code, or of any
State or National Political Party.
D. Affiant may not be employed by, or hold an appointed or elected office of the Municipality
of the United City of Yorkville while serving as a member of the Board of Fire and Police
Commissioners.
E. Affiant must be a registered voter of the Municipality of the United City of Yorkville and
have resided with the United City of Yorkville and qualified as an elector for at least one
year prior to appointment as a Commissioner.
F. Affiant shall not be interested directly or indirectly, in any contract, work or business of the
Municipality or sale of any article of goods, services, or contract of any kind to or with the
Municipality of The United City of Yorkville.
G. Affiant may not be a purchaser, or seller of any real property to the Municipality or be
involved in the purchase or sale of real estate for delinquent real estate taxes within The
United City of Yorkville.
SECTION 4: SAVINGS CLAUSE
To the extent that this Ordinance is in conflict with any presently existing Ordinance or portion
thereof; such prior conflicting Ordinance or part thereof is hereby repealed. The repeal of any
Ordinance by this Ordinance shall not affect any right accrued or liability incurred under such
repealed Ordinance.
SECTION 5: SEVERABILITY
Should any provision of this Ordinance be declared invalid by a court of competent jurisdiction, the
remaining provisions will remain if full force and effect the same as if the invalid provision has not
been a part of this Ordinance.
SECTION 6: EFFECTIVE DATE,
This Ordinance shall be in full force and effect July 12, 2001 from and after its passage and
approval by the Mayor and City Council.
APPENDIX B
ORDINANCE#2001-40 —BOARD OF FIRE AND POLICE COMMISSIONERS
IN WITNESS WHEREOF, this Ordinance has been enacted this I Aay of
\-1()
, 2001.
MIRE ANDERSON JOSEPH BESCO •
1
VALERIE BURR PAUL JAMES - •
LARRY KOT f MARTY MUNNS All
ROSE SPEARS. RICHARD STICKA
----?
APPROVED by me, as Mayor of the United City of Yorkville,Kendall County,Illinois, this
( ay of,l__ _________., A.D. 2001.
df-A6-4/1
•YOR
PASSED by th• Ci Council of the United City of Yorkville,Kendall County, Illinois this
�t—
Day of .V I AD. 2001.
ir
6 . . i '
6_ fir.,.
Atte.- - _
�� CITY LERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
APPENDIX B
ORDINANCE #2001-40 —BOARD OF FIRE AND POLICE COMMISSIONERS
AFFIDAVIT OF PROSPECTIVE COMMISSIONER FOR
UNITED CITY OF YORKVILLE BOARD OF FIRE AND POLICE COMMISSION
NOW COMES the undersigned Affiant, being first duly sworn on oath, who in support of
the Affiant's nomination as a Commissioner of the United City of Yorkville Fire and Police
Commission does state as follows:
A. I have not been convicted of a felony under the laws of this State or any comparable laws of
any other State or the United States.
B. I am not related either by blood or marriage up to the degree of first cousin to any elected
official of the United City of Yorkville.
C. I am a member of the following political parties:
I acknowledge the requirement of Illinois Law that provides that no more than two members
of the Board of Fire and Police Commissioner shall belong to the same political party
existing in the Municipality at the time of the appointment as defined in Section 10-2 of the
Illinois Election Code, or of any State or National Political Party.
D. I am not employed by the United City of Yorkville. I do not hold an appointed or elected,
office in the United City of Yorkville. I acknowledge that I cannot be employed by or hold
appointed or elected office in the United City of Yorkville while serving as a member of the
Board of Fire and Police Commissioners.
E. I am a registered voter in the United City of Yorkville and have resided with the United
City of Yorkville, qualified as an elector, for at least one year prior to my appointment as a
Commissioner.
F. I am not interested directly or indirectly, in any contract, work or business of the
Municipality or sale of any article of goods, services, or contract of any kind to or with the
United City of Yorkville.
G. I am not a purchaser or seller of any real property to the United City of Yorkville and I am
not involved in the purchase or sale of real estate for delinquent real estate taxes within the
United City of Yorkville.
1 further hereby acknowledge and. confirm that the contents of the above Affidavit are true
and correct and have fully disclosed any qualification that would prohibit me from acting as a
Commissioner of the United City of Yorkville Board of Fire and Police Commissioners.
Date: Affiant:
APPENDIX B
ORDINANCE#2001-40—BOARD OF FIRE AND POLICE COMMISSIONERS
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
The Affiant, .being first duly sworn on oath, deposes and states that he/she is the Affiant who
signed the foregoing Affidavit; that he/she understands the contents thereof, and the same are true
and correct.
AFFIANT
Subscribed and sworn to before me,
NOTARY PUBLIC
APPENDIX C
CRIMINAL BACKGROUND CHECK WAIVER AND RELEASE OF ALL CLAIMS FORM
CRIMINAL BACKGROUND CHECK
WAIVER AND RELEASE OF ALL CLAIMS FORM
Please read this form carefully and be aware that by agreeing to allow the United City of Yorkville
to investigate your criminal background, you will be waiving and releasing all claims for damages
you might sustain arising out of the criminal background check and review.
I understand that a successful criminal background check is a condition of my employment or
volunteerism with the City of Yorkville.
I agree to waive and relinquish all claims I may have against the City of Yorkville and its officers,
agents, servants, and employees, as a result of participating in the criminal background check.
I do hereby fully release and discharge the City of Yorkville, its respective officers, agents,
servants, and employees from any and all claims from damages which I may have or which may
accrue to me on account of the results of any aspect of the criminal background check.
I have read and fully understand this Waiver and Release of All Claims.
Signature Date
Printed Name
********************************************************************************
Please complete
First Name Middle Name Last Name
Maiden Last Name
Date of Birth Sex Race
Social Security Number
Driver's License Number State
APPENDIX D
RESOLUTION#93-18 - EQUAL EMPLOYMENT POLICY
RESOLUTION#93-18
UNITED CITY OF YORKVILLE EQUAL EMPLOYMENT POLICY
NOW THAT IT BE RESOLVED THAT THE CITY OF YORKVILLE
1. Adopts the attached EQUAL EMPLOYMENT POLICY.
2. Authorizes the City Administrator to implement this policy and enforce its
provisions.
THE UNITED CITY OF THE VILLAGE OF YORKVILLE.
Approved this day of 1993.
MAY4bR
41
_ a CITY CLERK
UNITED CITY OF YORKVILLE
EQUAL EMPLOYMENT POLICY
It is the policy of the City of Yorkville to promote nondiscriminatory practices in its hiring and its
contractual undertakings. It is the policy of the City to conform with all aspects of Federal Civil
Rights legislation including the Equal Employment Opportunity Act (42 U.S.C. § 2000), and all
State Civil Rights Legislation.
No person shall, on the grounds of race, sex, religion, color, national origin, age, or handicap be
excluded from participation in or be subjected to discrimination in any program or activity funded,
in whole or in part, by Federal funds.
The City Administrator shall oversee civil rights compliance.
APPENDIX E
RESOLUTION#1996-10—EMPLOYEE ASSISTANCE PROGRAM
RESOLUTION#1996-10 (APPROVED APRIL 25, 1996)
RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO MERCY CENTER
EMPLOYEE ASSISTANCE PROGRAM CONTRACT AGREEMENT WITH THE
UNITED CITY OF THE VILLAGE OF YORKVILLE
WHEREAS, MERCY CENTER HEALTH CARE SERVICES, offers an Occupational
Health Services Employee Assistance Program; and
WHEREAS, this program is to provide assistance to Employers and their Employees to
assist, counsel and support Employees who have personal problems that mayor may not effect their
job performance; and
WHEREAS, the Mayor and the City Council of THE UNITED CITY OF THE VILLAGE
OF YORKVILLE after reviewing such an Occupational Services Program believe it is in the best
interest of the Employees of THE UNITED CITY OF THE VILLAGE OF YORKVILLE and the
Citizens of the VILLAGE OF YORKVILLE that the CITY OF YORKVILLE enter into such an
Agreement; and
WHEREAS, the City Council and the Mayor believe that such a program will serve the best
interest of the community in that it will allow Employees of the CITY OF YORKVILLE to meet
the services that they need to assist them and to adjust to these problems and maintain a good work
record and be able to more fully address the job duties with THE UNITED CITY OF THE
VILLAGE OF YORKVILLE; and
WHEREAS, this Program provides for a financial benefit in that it provides reduced rates
then those of an individual who would seek such services on their own, and therefore is a savings to
the.CITY OF YORKVILLE overall; and
WHEREAS, allowing Employees to seek help for problems through this program will
greatly assist the City in maintaining a high level of Employee moral and also maintaining a level
of benefits to keep the Employees at a maximum level of service to THE CITY OF YORKVILLE:
NOW THEREFORE THAT IT IS RESOL VED BY THE UNITED CITY OF THE
VILLAGE OF YORKVILLE that the Mayor is authorized to enter into the Employee Assistance
Program Contract Agreement between the UNITED CITY OF THE VILLAGE OF YORKVILLE
and MERCY CENTER FOR HEALTH CARE SERVICES. Said Agreement is attached hereto as
Exhibit "A".
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708.553.9500
APPENDIX F
UNITED CITY OF YORKVILLE DRUG-FREE WORKPLACE POLICY
DRUG-FREE WORKPLACE POLICY
Illegal drugs and the abuse of legal drugs in the workplace are a significant danger. They impair
safety and health, promote crime, lower productivity and quality and undermine public confidence
in the work City employees undertake. The City prohibits drug and alcohol impairment and the
illegal use of drugs in the workplace. Under the federal and state Drug-Free Workplace Acts, 41
USC 701, et seq., and ill. Rev. Stat. 1992, ch. 127,par. 132.311 et seq., in order for the City to be
considered a "reasonable source" for the award of federal or state grants, it is appropriate to adopt
the following policy:
A. Any location in which City business is conducted, whether at this or any other site,
is declared to be a drug-free workplace. All employees are absolutely prohibited
from unlawfully manufacturing, distributing, dispensing, possessing or unlawfully
using controlled substances or alcohol, as defined in the federal and state Drug-Free
Workplace Acts, in the workplace.
B. Employees are expected and required to report to work on time in appropriate
physical and mental condition to perform duties of their jobs.
C. Employees have the right to know the dangers of drug abuse in the workplace, the
City's policy about them and what help is available to combat drugs problems.
Employees needing assistance in overcoming drug abuse problems are encouraged
to seek professional assessment, treatment support and aftercare at appropriate
outside agencies. Conscientious efforts to seek such help will not jeopardize any
employees'job nor will it be noted in any personnel record. However, referral to
such programs in no way exempts an employee from discipline for less than
acceptable job performance.
D. As a condition of employment, each employee shall:
1. Agree in writing to abide by the terms of the Center's policy
respecting a drug and alcohol-free workplace; and
2. Agree, as required by law, to inform his or her supervisor of his or her
conviction of any criminal drug or alcohol Statute, for a violation occurring
on or off City premises, while conducting City business, no later than five
(5) days after such a conviction. A conviction means a finding of guilt
(including a plea of"no 10 contendere") or the imposition of a sentence by a
Judge or jury in any federal or state court, and/or a finding of Court
supervision.
E. An employee who violates the terms of this policy may be subject to
disciplinary action including suspension and/or termination.
1. The city shall take prompt disciplinary action with respect to any employee
who violates this policy. In any event, the City shall take disciplinary action
APPENDIX F
UNITED CITY OF YORKVILLE DRUG-FREE WORKPLACE POLICY
with an employee convicted of a drug offense in the workplace no later than
thirty (30) days after receiving notice of the conviction.
2. Should the city be a current participant in a federal education program in
which the center is the prime grantee and a direct receiver of federal funds,
the City shall notify the appropriate federal agency from which the City
receives grant monies of the employee conviction within ten(10) days after
receiving notice of the conviction.
3. The City may require an employee who violates the terms of this policy to
satisfactorily participate in a drug or alcohol abuse assistance or
rehabilitation program.
ACKNOWLEDGEMENT OF POLICY
I acknowledge receiving the City of Yorkville's Drug-Free Work Place Policy and I have read and
understand its terms.
Printed Name
Signature
Date
APPENDIX G
ORDINANCE #1999-12 —PROHIBITING SOLICITATION AND ACCEPTANCE OF GIFTS
ORDINANCE#1999-12 (REVISED JUNE 9, 1999)
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS,PROHIBITING THE SOLICITATION AND ACCEPTANCE OF GIFTS AND
ADOPTING THE STATE GIFT BAN ACT (5 ILCS 425/1 ET.SEQ.; P.A. 90-737)
WHEREAS, the General Assembly has enacted the State Gift Ban Act (P.A. 90- 737;
House Bill 672; 5 ILCS 425/1 et seq.), which became effective on January 1, 1999; and
WHEREAS, Section 83 of the Act (5 ILCS 425/83)provides in pertinent part:
Within 6 months after the effective date of this Act, units of local government, home rule
units, and school districts shall prohibit the solicitation and acceptance of gifts, and shall
enforce those prohibitions, in a manner substantially in accordance with the requirements
of this Act and shall adopt provisions no less restrictive than the provisions of this Act.
WHEREAS, in preparing to meet the mandatory July 1, 1999, deadline, imposed by the
Act, the Mayor and City Council of the United City of Yorkville have determined that the Act
contains several procedural and substantive defects and several ambiguities and inconsistencies
which make compliance with the dictates of Section 83 of the Act difficult and perhaps impossible;
and
WHEREAS, while the Illinois Municipal League has requested the General Assembly to
amend and clarify the Act so Illinois municipalities may have clear guidance in bringing
themselves into compliance With the Act, it has become apparent that a legislative response will
not be provided prior to the deadline imposed by Section 83; and
WHEREAS, the corporate authorities of the United City of Yorkville, Kendall County,
Illinois; in an effort to comply with the action required by Section 83, hereby pass and approve this
Ordinance to bring the United City of Yorkville, Kendall County in compliance with the dictates of
the Act; and
WHEREAS, the corporate authorities of the United City of Yorkville strongly encourage
the General Assembly to take immediate action to clarify the procedural and substantive provisions
of the Act so elected and appointed officials and the employees of Illinois Municipalities will have
clear and unequivocal ethical procedures and rules that will control their conduct.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: The Code of Ordinance of the United City of Yorkville are hereby amended
with the addition of the following provisions:
I. State Gift Ban Act
Sec. A-101. Adoption of Act.
a. The State Gift Ban Act (5 ILCS 425 - ) is hereby adopted as required by Section 83 of the
Act(5 ILCS 425/83).
b. The solicitation or the acceptance of gifts prohibited to be solicited or accepted under the
Act is prohibited by any elected or appointed official or any employee of the City.
APPENDIX G
ORDINANCE #1999-12—PROHIBITING SOLICITATION AND ACCEPTANCE OF GIFTS
Sec. A-102. Ethics Officer.
To the extent authorized by law and to the extent required by Section 35 of the Act (5 ILCS
425/35), the Kendall County States Attorney is appointed to serve as the "ethics officer" for the
City, pursuant to the consent given by the Kendall County States Attorney to serve in that capacity.
The ethics officer's duties shall be as provided in Section 35.
Sec. A-103. State Legislative Ethics Commission: Complaints.
All complaints for violations of the Act and this Ordinance shall be filed with the State legislative
ethics commission (created by Section 45 (a)(6) of the Act).
Sec. A-104. Future Amendments to State Gift Ban Act.
Any amendment to the State Gift Ban Act (5 ILCD 425/1 et seq.)that becomes effective after the
passage of this Ordinance shall be incorporated into this Ordinance by reference and shall be
applicable to the solicitation and acceptance of gifts. However, any amendment that makes its
provisions optional for adoption by municipalities shall not be incorporated into this Ordinance by
reference without formal action by the corporate authorities of the City.
Sec. A-105. Future Declaration of Unconstitutionality of State Gift Ban Act.
(a) If the Illinois Supreme Court declares that State Gift Ban Act (5 ILCS 425/1 et seq.)
unconstitutional in its entirety, then this Ordinance shall be repealed as of the date that the
Supreme Court's decision becomes final and not subject to any further appeals or rehearings. The
Ordinance shall be deemed repealed without further action by the corporate authorities of the City
if the Act is found unconstitutional by the Illinois Supreme Court.
(b) If the Illinois Supreme Court declares part of the State Gift Ban Act (5 ILCS 425/1
et seq.) unconstitutional but upholds the constitutionality of the remainder of the Act or does not
address the remainder of the Act, then the remainder of the Act as adopted by this Ordinance shall
remain in full force and effect;however, that part of this Ordinance relating to the part of the Act
found unconstitutional shall be deemed repealed without further action by the corporate authorities
of the City.
SECTION 2: This Ordinance shall be in effect upon its passage, approval and publication
as provided by law.
APPENDIX G
ORDINANCE #1999-12 —PROHIBITING SOLICITATION AND ACCEPTANCE OF GIFTS
• PASSED this�`�" day of ..,z1, , 1999.
RK 1-14.o3
21,43 *SA
APPROVED this ' Q—% day o n
1999
MAYOR
PUBLISHED in pa let form this day of , 1999.
C Y CLERK
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APPENDIX H
RESOLUTION #97-8—APPROVED SAFETY POLICY/APPOINTING SAFETY DIRECTOR
RESOLUTION#97-8
RESOLUTION APPROVING THE UNITED CITY OF YORKVILLE SAFETY POLICY,
AUTHORIZING THE MAYOR TO SIGN THE POLICY STATEMENT AND
APPOINTING A SAFETY DIRECTOR
WHEREAS, the Mayor and the City Council of the UNITED CITY OF YORKVILLE,
deem it to be in the best interest of the City and the Community to adopt a Safety Policy for the
City employees; and
WHEREAS, the Safety Policy is beneficial to the employees of the City; and
WHEREAS, a Safety Director is necessary to implement the Policy.
NOW THEREFORE BE IT RESOL VED by the UNITED CITY OF YORKVILLE:
1. The United City of Yorkville Safety Policy dated March 12, 1997, attached hereto
and made a part hereof, is hereby approved and adopted.
2. The Mayor is authorized to sign the Safety Policy Statement.
3. The Mayor shall appoint a Safety Director for the Safety Policy with the approval of
the City Council each year at the time of appointment of all other City appointed positions. The
Safety Director is granted authority to implement and enforce the provisions of the Policy pursuant
to the guidelines set out in the policy.
4. The Safety Policy is hereby made an addendum and part of the City Employee
Manual.
5. Any Safety Committee required by the Safety Policy to be made up of department
heads, shall be appointed by the Mayor with the approval of the City Council. These appointments
shall be made yearly at the time the Mayor makes his regular City appointments.
APPENDIX H
RESOLUTION#97-8 -APPROVED SAFETY POLICY/APPOINTING SAFETY DIRECTOR
PASSED AND APPROVED ED t -I of ; 1.997,
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APPENDIX H
RESOLUTION#97-8 —APPROVED SAFETY POLICY/APPOINTING SAFETY DIRECTOR
UNITED CITY OF YORKVILLE SAFETY POLICY
Prepared by J. T. Johnson Director of Public Works for the
UNITED CITY OF YORKVILLE,ILLINOIS
111 West Fox Street, Suite 3,Yorkville,Illinois, 60560
March 12, 1997
UNITED CITY OF YORKVILLE SAFETY POLICY STATEMENT
It is the policy of the City of Yorkville to plan safety, loss control, and operating efficiency in all
aspects of our operations.
We will afford every incentive, both moral and financial within budgetary constraints, to minimize
the hazards that adversely affect the safety of our personnel, the security of our property, and the
well-being of members of the public, exposed to our operations and personnel. In response to these
incentives, we will promote achieving as high a degree of safety and loss control as possible.
Our plan includes measures that are designed to eliminate, reduce, or control the various hazards
and exposures which cause incidents to occur. This includes training of our personnel at all levels
of responsibility in necessary safety and loss control practices.
Responsibility for accident prevention and loss control will be delegated to each person in the
organization the same as he or she is delegated responsibility otherwise as part of their job function.
Management will expect all employees to have a positive attitude about safety and loss control.
We feel that our goal of high safety awareness and reduction of losses is an honorable one.
Therefore, we sincerely solicit the collective support of everyone in our organization to achieve this
goal.
The Mayor and City Council of the United City of Yorkville fully supports this organization's
Safety Awareness and Loss Control Program.
Mayor Robert% son
APPENDIX H
RESOLUTION #97-8 —APPROVED SAFETY POLICY/APPOINTING SAFETY DIRECTOR
EMPLOYEE SAFETY RESPONSIBILITY
TO ALL EMPLOYEES:
As a member of our organization you automatically accept a moral obligation to your fellow
employees and an economic obligation to the organization to see that operations under your care,
custody, and control are carried out in an efficient and safe manner.
Along with other responsibilities, safety consciousness must always exist in your thinking and
planning. Because of this obligation, you must not only prevent obvious unsafe acts on your part
but you must anticipate potential hazards and alert other employees if any work performed is
perceived to be unsafe, to the best of your ability. After an accident occurs, it is too late to prevent
it. All employees must recognize that working in an unsafe manner is counter productive. Most
important, each employee is encouraged to demonstrate leadership ability by setting a good
example.
DEPARTMENT HEAD RESPONSIBILITY
As with the Safety Executive Manager, The Department Heads'primary role is leadership. These
individuals are ultimately responsible for the Loss Control performance of their individual
departments. Therefore the Department Heads' must develop in their supervisors and employees a
high degree of performance in loss control work.
They should:
• Set performance standards for the various work areas, stressing safety and loss control
awareness.
• Evaluate supervisors according to performance standards.
• Assist members of the Accident Review/Safety committee to uphold a high degree of
safety.
• Assist on accident investigations of serious accidents.
• Conduct periodic (quarterly)tours of department facilities for adequate safety practices.
SUPERVISORY RESPONSIBILITIES
Each Supervisor shall have the full authority to maintain a safe and healthful working condition
within his or her jurisdiction. Whether it be in the field, in the shop, or in the office, personnel
problems and hazards vary from department to department, it is expected all supervisors will work
at all times to control injuries.
They should:
• Assume full responsibility for safety and healthful working conditions for his or her
employees while they are under his or her jurisdiction.
APPENDIX H
RESOLUTION #97-8 —APPROVED SAFETY POLICY/APPOINTING SAFETY DIRECTOR
• Insure that all management policies and procedures herein are fully implemented for
maximum efficiency of each job.
• Take the initiative in recommending correction of deficiencies noted in facilities, work
procedures, employee job knowledge, or attitudes that adversely affects loss control efforts.
• Insure that each employee is fully trained for the job he/she is assigned to do, that he/she is
familiar with published department work rules, and certifies in writing that he/she
understands compliance is necessary.
• Takes affirmative action upon safety suggestions and continuously demonstrates concern
over the entire safety program and sets a good example by working safely himself.
• Observes working conditions and methods to prevent the development of unsafe working
practices.
• Investigates thoroughly the causes of all accidents and takes corrective action.
• Insures all accidents are properly reported, regardless of the extent of injury or property
damage.
• Instructs all employees regarding disciplinary policies for violation of safety rules and
insures .impartial positive enforcement.
• Supports the Safety Committee in the promotion of the Committee's activities.
DUTIES OF THE SAFETY DIRECTOR
The Safety Director should be management's representative in all safety activities and develop,
implement, and administrate the complete Safety Awareness/Loss Control Program in accordance
with management's policies.
The duties include,but are not limited to, the following guidelines:
• Provide the leadership and stimulation necessary to assure and maintain full employee
interest and participation.
• Become familiar with all job operations to assure and maintain full employee interest and
participation.
• Organize a safety committee composed of department heads. The Safety Director should be
a permanent member of this committee.
• Encourage and coordinate the safety training activities for all departments.
• Establishes the procedures for the completion and handling of all accident reports and
follow-up.
• Organizes a self-survey schedule for all departments.
• Cooperates and assists the City of Yorkville's chosen Safety Awareness/Loss Control
Consultant on all survey tours and service calls.
• Reviews and selects applicable safety materials for display or distribution.
• Advises management on the development and progress of the Loss Control Program.
APPENDIX I
UNITED CITY OF YORKVILLE VEHICLE POLICY
UNITED CITY OF YORKVILLE VEHICLE POLICY
ADOPTED 12-08-2000
SCOPE
A. To describe the policies and procedures pertaining to vehicle policy that will be
followed by the described organization listed below. This policy will be adopted to
maintain a consistent and legal operating system for all United City of Yorkville
vehicles. The Directors, City Administrator and Police Chief, will oversee each
Department Head's enforcement of this policy and its procedures. The Department
Head will supervise the procedures within their own departments.
II. POLICY
A. The vehicles will be used and maintained under the terms of this policy as written.
Responsibility and control of the vehicles will remain with each Department Head in
the United City of Yorkville. Below lists the terms, rules and regulations regarding
this policy.
B. The purpose of this policy is to make it absolutely clear to all employees that the
United City of Yorkville is very concerned about motor vehicle safety and proper
care of city equipment. The United City of Yorkville vehicles are to be used only
for transporting equipment, employees and city affiliated personnel while
conducting city business.
III. CRITERIA
A. An employee, a person whom receives a payroll check from the United City of
Yorkville, when authorized by a Department Head, may operate a city vehicle.
B. City Affiliated Personnel, City Council, Board Members, and Mayor, when
authorized by a city employee, may operate a city vehicle to conduct city business.
A City vehicle (any vehicle owned or leased by the United City of Yorkville) will be
operated only by an authorized person who possesses a valid Illinois State Drivers
License of proper classification for the vehicle being-driven/operated.
C. Current Employee Driving Standard. Employees who currently drive a city vehicle
or their own vehicle on city business must maintain a valid driver's license with a
good driving record. The city recognizes that drivers who consistently violate state
motor vehicle codes expose themselves and the community to potential bodily injury
and property damage.
D. The following identifies High Risk drivers. Employee drivers would be considered
HIGH RISK if they have had any of the following:
1. Two or more moving violations within a 12-month period.
APPENDIX I
UNITED CITY OF YORKVILLE VEHICLE POLICY
2. One moving violation and one preventable accident while driving a city
vehicle within a 12 month period.
3. Any combination of moving violations or preventable accidents while
driving a city vehicle within a 24 month period totaling more than three.
Employees designated as high risk will be required to participate in a driver
improvement course recommended by the Yorkville Police Department and are
subject to being excluded from driving a city vehicle.
IV. PROCEDURES INDEX BY DEPARTMENT
A. General Procedures For All Departments
1. All Employees will receive, understand and abide by the rules and regulations of this
policy.
2. City vehicles are to be used for conducting City business only. Personnel assigned as
"on call" are authorized 24-hour use of their assigned vehicles to increase command
presence in the field, allow for immediate communications capabilities and/or
enhance the overall operation.
3. City vehicles authorized for 24-hour use are to be used for commuting to and from
work or when performing official City duties. They are not to be used for personal
purpose (other than de minimis personal or approved medical), nor for the
transportation of anyone other than City employees or people working with or for
the City in an official capacity.
4. Only City employees and affiliated personnel are to be transported in City vehicles,
unless their presence is necessary for City business or authorized by a Department
Head.
5. Drivers must be thoroughly familiar with and follow all State and Federal
regulations governing the particular type of motor vehicle they are operating.
6. The use of seat belts in all vehicles is a requirement and the law.
7. Headlights will be turned on whenever windshield wipers are needed.
8. All vehicles are to be unloaded and interiors maintained, unless special permission is
obtained from the Department Head.
9. Vehicles should be kept neat inside and outside and every precaution must be taken
to prevent debris from being blown or falling off trucks or from being discarded by
vehicle occupants. Vehicle windows shall be closed and doors locked when not in
use.
10. All (NO MATTER HOW MINOR) damage to vehicles to be reported to the
Department Head immediately.
11. Employees who are involved in a traffic accident with a City vehicle or while
operating their personal vehicle on City business, must report the accident to their
Department Head as soon as possible after the incident, but no later than 24 hours
after the incident. A police report shall be made anytime the accident involves
collision, property damage, or personal injury to a private party.
12. It is the driver's responsibility to see that the vehicle is inspected for oil and gas and
report any mechanical failures to the Department Head. The driver will follow any
APPENDIX I
UNITED CITY OF YORKVILLE VEHICLE POLICY
additional instructions given by the Department Head as to cleaning and gas. A
Vehicle Service Record should be completed showing any service done on the
vehicle.
13. Engines are to be warmed up in the winter before driving the vehicle.
14. First aid kits and fire extinguishers must be kept in each vehicle and can be found
behind or under the seat, or in the trunk of each vehicle. Let a Department Head
know when refills are needed.
15. At no time shall anyone drive any City vehicle while intoxicated or under the
influence of any illegal drug(s) or alcohol.
16. Abuse of vehicle privileges may result in disciplinary action.
B. Administration
1. Employees given the privilege of use of the City owned vehicle to and from his/her
residence will complete a Vehicle Agreement Form to be kept in their personnel file
with the Accounting Clerk II/Human Resource Clerk.
2. Employee will conform to any I.R.S. rulings with regard to use of vehicles for
to/from commute.
3. Any vehicle assigned to an employee for use during business hours only will comply
with all general procedures and any exceptions must be approved by the Mayor.
a. The assigned vehicle will be parked at the employee's work location during off
hours unless approved by the employee's supervisor.
b. The employee will abide with all other provisions of this policy.
C. Recreation Department
1. No Recreation Department vehicles are to be used for personal use. All vehicles
will be kept at Recreation facilities over night, unless special permission is obtained
by Park Board and/or Director.
2. All vehicles are to be unloaded and interiors cleaned every night and/or after every
use, unless special permission is obtained by supervisor and/or Director.
3. Vehicles will be washed as designated on assignment schedules. All vehicles will
be maintained according to the manufacturers' recommendations, and monitored by
supervisors and/or Directors.
4. In the recreation vehicle a Mileage form is available and all be completed by the
driver for each trip. A Trip form will be completed for each trip that entails a full
day. The forms are available in the vehicle and will be turned in to the recreation
office. Employees must obtain permission for day trips from the Director two weeks
in advance, if possible. Any Park Board member, Council member and/or city
employee must also give two weeks notification prior to the date needed, to avoid
scheduling conflicts with the departments.
APPENDIX I
UNITED CITY OF YORKVILLE VEHICLE POLICY
D. Parks Department
1. Parks Department employees are required to have a minimum of a "Class C"
Commercial Drivers License as established by the State of Illinois Standards for
Drivers License requirements.
2. Parks Department employees shall abide by the Drug/ Alcohol Abuse Policy for
Commercial Licensed Drivers as adopted and revised from time to time.
3. Under certain emergency situations Department Heads may grant the use of a City-
owned vehicle to employees to drive to their residence in order to expedite their
return to the City work force to work on the ongoing emergency. (i.e.: severe snow
storm)
E. Public Works Department
1. Public Works employees are required to have a minimum of a "Class C"
Commercial Drivers License as established by the State of Illinois Standards for
Drivers License requirements.
2. Public Works employees shall abide by the Drug/ Alcohol Abuse Policy for
Commercial Licensed Drivers as adopted and revised from time to time.
3. Under certain emergency situations Department Heads may grant the use of a City
owned vehicle to employees to drive to their residence in order to expedite their
return to the City work force to work on the ongoing emergency. (i.e.: severe snow
storm)
F. Police Department
1. Policy. To comply with State law and court defined constitutional limits of
reasonableness which govern the operation of police vehicles.
2. Purpose. To insure that department personnel operate authorized emergency
vehicles with due regard for their own safety and the lives and property of every
citizen.
3. Definitions
a. Emergency: when a police officer reasonably believes that there is imminent
probability of death, personal injury or loss or destruction of property
occurring, and the immediate action of that officer may avert or reduce the
seriousness of the situation.
b. Due Regard: that a reasonable careful police officer, performing similar
duties and under similar circumstances, would act in the same manner.
c. Motorized Pursuits: an active attempt to stop a moving motor vehicle that is
resisting apprehension by:
1.) Maintaining or increasing speed, and/ or
2.) Ignoring an officer's signal to stop, and/or
3.) Taking such evasive actions or maneuvers so as to prevent
apprehension.
d. High-Speed Pursuit: motorized pursuit at speeds that exceed the legal speed
limit.
APPENDIX I
UNITED CITY OF YORKVILLE VEHICLE POLICY
e. Police Vehicle: any department-owned motor vehicle, in authorized use, or
any vehicle authorized by the chief of police or his designated subordinate
for use by a department member acting in the lawful capacity of police
officer.
f. Deadly Force: any force likely to cause death or great bodily harm.
g. Reasonable Belief: what an ordinary and prudent person, in the same or
similar circumstances would believe, based on his/her knowledge of the facts
as they existed at the same time of the event.
4. Operation of Emergency Vehicles
a. Police officers responsibility
1.) All sworn officers shall be familiar with and shall comply with all
sections of the state laws which apply to the operation of emergency
vehicles.
2.) The special privileges accorded by law to emergency vehicles are
only effective when the vehicle is readily identifiable as an
emergency vehicle.
3.) Unmarked police vehicles shall not be operated as an emergency
vehicle unless equipped with and utilizing a flashing red light and an
audible siren.
4.) Police officers assigned to emergency calls shall monitor their police
radios and shall acknowledge all communications conveyed to them
by the communications officer or supervisor in charge.
b. Assigned officer(s) shall respond to emergency calls rapidly but with a due
regard for the safety of life and property.
1.) Use of emergency lights: emergency lights shall be activated when
responding to emergency calls to avoid conflicts which may occur at
intersections, in heavy traffic, or in areas of restricted view.
2.) Use of siren: the siren shall be activated to avoid conflicts which may
occur at intersections, in heavy traffic, or in areas of restricted view.
3.) Speed: authorized vehicles shall not be operated at a speed that may
cause loss of control of the vehicle or endanger life or property.
Speed shall be reduced when approaching intersections and other
area of conflicts.
4.) Spotlight: spotlights on the police vehicle shall not be used as a
means for clearing traffic nor shall they be directed at windshields of
oncoming traffic. Spotlights shall not\be used in lieu of authorized
emergency lights.
c. Special considerations
1.) Upon approaching the immediate area of criminal activity, an officer
may avoid announcing his/her arrival by turning off .emergency
equipment and headlights at night, but only when such maneuvers
can be employed without endangering persons or property.
2.) Although adverse reaction may result from the use of sirens at night
in residential areas, the safety of the officer and the public is not
APPENDIX I
UNITED CITY OF YORKVILLE VEHICLE POLICY
abridged by the time of day and far outweigh any inconvenience
which may occur.
d. Supervisor's responsibility: The on duty supervisor shall monitor and
coordinate the assignment and response to emergency calls.
1.) Supervisors shall evaluate circumstances given which would justify
an emergency call assignment, assist communications officers in
evaluating such circumstances, and shall intervene when assignments
given by the communications officer do not correspond to the
circumstances.
2.) Supervisors shall monitor officer response to emergency calls to
ensure compliance with department policy, officer and public safety,
and efficient department response to emergency scenes.
5. Pursuit Driving
a. Department Position
1.) Law violators shall be pursued and apprehended whenever feasible
under existing circumstances. A pursuit shall be tern linated
whenever the risks of the officer's safety of others, outweigh the
danger to the community if the suspect is not apprehended.
2.) Officers shall weigh the seriousness of the violator's suspected crime
against the potential for death or injury and the duration and the
overall distance that may be traveled if the pursuit continues.
3.) When attempting to stop an offender who has not begun to flee, the
police officer should try everything within his/her authority, keeping
in mind his/her personal safety, to apprehend the suspect without
resorting to a high-speed chase. This would include the use of the
public address system and/or the spotlight or waiting until the subject
parks or stops at traffic light before activating the light and/or siren.
b. Officers responsibility: the decision to begin, responsibility for continuation
and the method of pursuit rest primarily, but not solely with the individual
officer(s) involved. Although the law does not prevent officers from
exceeding the posted speed limit while engaged in pursuit, it does hold
officers criminally and civilly responsible for their actions.
1.) Only police vehicles equipped with audio and visual emergency
equipment shall enter into pursuit. It is the officer's duty to be
reasonably sure his/her police vehicle is mechanically sound before
entering into a pursuit.
2.) The pursuing officer has the responsibility to terminate a pursuit at
any time, if in the officer's judgment, the risks outweigh the
seriousness of the offense or if anyone's life is being unduly,
threatened by the act undertaken. The officer may terminate pursuit
without threat of any imposition of discipline or censure.
3.) The following should be considered.
a.) Is the pursuit undertaken with due regard for third parties?
b.) Does the seriousness of the crime warrant the pursuit?
c.) What is the likelihood of apprehension?
APPENDIX I
UNITED CITY OF YORKVILLE VEHICLE POLICY
d.) What are the roadway, traffic, and pedestrian conditions?
e.) What are the weather conditions?
f.) What is the geographical location, (residential, business,
commercial, school, etc.)?
c. State Law permits police officers who engage in a pursuit to, based upon the
reasonableness of their actions, exceed the speed limit and disregard other
traffic regulations.
d. Emergency lights and siren shall be activated during the pursuit to ensure
utmost safety to the officer and all others.
e. When approaching an intersection where signal lights or stop signs control
the flow of traffic, the officer shall:
1.) Decelerate and be prepared to apply brakes, stopping if necessary.
2.) Enter the intersection only when safe to proceed and at a reduced rate
of speed so as to make cross traffic aware of the officer's presence.
3.) Resume pursuit speed only when safe to do so.
4.) Emergency lights and siren requests right-of-way and does not afford
absolute right to disregard traffic signals or devices (red lights, stop
signs, etc. )
f. Officers who become engaged in a pursuit shall notify communications of
the following, as soon as it is practical to do so:
1.) Suspect vehicle license plate number.
2.) Starting location and direction of travel.
3.) Vehicle, driver and occupant(s) description.
4.) Nature and severity of the offense warranting the pursuit.
5.) Known possession of weapons and their types.
6.) Continuing updates of direction.
7.) Request for additional units and their positioning.
g. Officers shall not cause intentional contact between their vehicle and the
vehicle being pursued nor shall they maneuver along side or in front of their
vehicle being pursued or into any position or potential collision with a
pursued vehicle.
h. Officers shall not attempt to stop a fleeing vehicle by shooting at it.
Officers shall not continue pursuit into another jurisdiction without advising
communications.
1.) Whenever possible, the Illinois State Police Emergency Network
(ISPERN) shall be used during the pursuit.
j. Officers shall not pursue a fleeing vehicle that leaves the roadway without
permission from a duty supervisor.
k. Assisting officer(s): all other members of the department shall refrain from
entering an ongoing pursuit unless directly assigned by communications or a
duty supervisor.
1.) Officers involved in a pursuit shall not attempt to converge upon or
pass the primary pursuit unit unless requested to do so by the primary
pursuit unit.
APPENDIX I
UNITED CITY OF YORKVILLE VEHICLE POLICY
2.) Caravanning behind the pursued vehicle is discouraged. Whenever
possible assisting units should try and parallel the pursued unit on a
side street.
3.) Officers should exercise discretion in radio usage so that the radio
airway can be kept open for the primary pursuit unit.
1. Supervisor responsibility: the on duty supervisor upon being advised of or
becoming aware of a pursuit, shall be responsible for the following:
1.) The number of personnel assigned to the pursuit, allowing for proper
police coverage throughout the remained of the city.
2.) Monitoring the pursuit's beginning and continuing locations.
3.) Ordering termination of the pursuit to prevent risk and to ensure the
safety of others, the public and the violator(s). Termination of a
pursuit may be based upon, but is not limited to any of the following:
a.) The severity of the offense(s) and the possible ultimate use of
deadly force.
b.) The length of pursuit time.
c.) The roadway and weather conditions.
d.) The time of day.
e.) The geographical location (residential, business, commercial,
school, etc.)
f) The probable destination.
4.) Intervening and changing any incorrect assignment or misuse of
police personnel involved in the pursuit.
m. Reporting procedures and post-pursuit analysis
1.) Officers involved in the pursuit shall prepare the required police
reports and citations.
2.) Additionally, the post-pursuit analysis form (Appendix A) shall be
completed by the officer issuing the citations and attach it to the
appropriate reports or case file.
3.) During report preparations, special care shall be given to the legal
requirements listed in the Illinois Vehicle Code (Chapter 95 1/2),
Section 11-205b which sets forth the parameters within which
emergency and pursuit driving can take place.
4.) Officers shall adequately report all elements and facts of the pursuit,
.making sure to document a description of the emergency vehicle, the
nature and severity of the emergency or violation and all due caution
afforded to unintended third parties or property.
n. Roadblocks
1.) Under certain circumstances, the blocking or barricading of roadways
by means of police vehicles, barriers or obstacles may become
necessary. Since there are legal consequences and inherent dangers
associated with this course of action, roadblocks must be undertaken
with due regard for the safety of third parities as well as the fleeing
motorist.
2.) Moving roadblocks are strictly prohibited.
APPENDIX I
UNITED CITY OF YORKVILLE VEHICLE POLICY
3.) The on duty supervisor shall be responsible to authorize and control
all types of roadblocks.
o. Pursuit Roadblocks:
1.) Fixed roadblocks shall be used as a last resort to apprehend a fleeing
motorist who is wanted for a violent felony and who constitutes an
immediate, serious threat to the safety of officers and third parties.
o High visibility shall be maintained.
o Roadblocks shall be well lighted by means of interior and exterior
lights, road flares and other available lighting equipment.
o Spotlights shall be used to illuminate the area but shall not be
used to blind the vision of oncoming drivers.
o Placement shall: (1) Be on a flat, straight roadway, whenever
possible. (2.) Allow all approaching vehicles ample time to stop
safely. (3.) Be sure that public endangerment is limited by
avoiding, if possible, certain areas (schools, gas stations, blind
hills, busy intersections etc.)
o All personnel shall be clear of the roadblock and blocking
vehicles by maintaining a safe distance.
o When a roadblock is initiated, a safety lane or escape route shall
be provided.
P. Traffic checkpoint roadblocks shall:
1.) Control traffic in and out of major crime scenes.
2.) Control access in and out of the scene of a major disaster or
emergencies.
3.) Not be employed as means of general or specific traffic enforcement
unless authorized by the chief of police.
4.) Afford consideration for traffic speed at the roadblock, sight stopping
distance and maintaining orderly traffic flow.
5.) Be staffed with sufficient manpower to properly check traffic without
causing undue congestion.
6.) Provide that detained subjects shall be removed from the flow of
traffic.
q. Road hazard roadblocks -marked and semi-marked vehicles only.
r. All officer shall take immediate action to set up a roadblock and shall notify
a duty supervisor via communications, in the event that a roadblock must be
set up to protect the public from potential hazard (flooding, traffic accidents,
power lines down, etc.)
s. The duty supervisor shall assess each situation as soon as possible and
control the function and duration of the roadblock, consistent with the hazard
involved.
t. The roadblock shall be removed only by authority of the duty supervisor,
upon notification by the officer that it is safe to do so.
6. Assistance to Foreign Police Agencies
APPENDIX I
UNITED CITY OF YORKVILLE VEHICLE POLICY
Assistance to foreign police agencies involved in a pursuit or conducting a
roadblock shall be authorized through a duty supervisor under the provisions of
Sections 3 and 4 of this order.
Approved by: Date:
•
Mayor
Attest: Date:
.OTh�h •K- .Jt-6, //25/d f
City Clerk
APPENDIX I
UNITED CITY OF YORKVILLE VEHICLE POLICY
Department Name:
Employee Name:
Vehicle Number:
UNITED CITY OF YORKVILLE,ILLINOIS VEHICLE AGREEMENT FORM
This agreement describes the conditions and terms under which an employee of the United City of
Yorkville is permitted the use of a City-owned vehicle for the purpose of commuting between
his/her residence and City Hall only.
Full Name:
Department Name:
Residential Address:
Home Phone Number: Work Phone Number:
Driver's License Number:
Social Security Number:
****************** :*****************************= *******************************
The following information pertains to the City owned vehicle assigned for commuting purposes to
the above employee.
CITY VEHICLE NUMBER:
MAKE: MODEL: YEAR:
VEHICLE IDENTIFICATION NUMBER (VIN):
ODOMETER READING: ROUND- TRIP COMMUTE MILES:
******************************************************************************
I have read in full and understand the terms and conditions contained within this Vehicle
Agreement (attached) and, by my signature below, I agree to said terms and conditions.
Signature Date
APPENDIX I
UNITED CITY OF YORKVILLE VEHICLE POLICY
YORKVILLE PARKS AND RECREATION DEPARTMENT MILEAGE REPORT FORM
(Please keep form in vehicle)
*Push in trip button to reset trip mileage before and after use
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date _ Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
Driver Date Activity Miles
APPENDIX I
UNITED CITY OF YORKVILLE VEHICLE POLICY
YORKVILLE PARKS AND RECREATION DEPARTMENT VEHICLE TRIP FORM
*Push in trip button to reset trip mileage before and after use
Driver's Name:
Driver's Signature:
Date(s) Department:
Vehicle Use (Activity)
Total Mileage:
Inspection of Vehicle Before Trip:
Inspection of Vehicle After Trip:
Damage:
Mechanical Difficulty:
Oil/Fuel on Departure: FULL 3/4 V2 1/4 EMPTY
Oil/Fuel on Return: FULL 3/4 V2 '/4 EMPTY
APPENDIX J
E-MAIL, VOICE MAIL, COMPUTER,AND OFFICE EQUIPMENT POLICY
E-MAIL,VOICE-MAIL, COMPUTER,AND OFFICE EQUIPMENT POLICY
ACKNOWLEDGMENT FORM
I understand that all computers and electronic communication systems and all information
transmitted by, received from, or stored in these systems are the property of the City. I also
understand that these systems as well as all other office equipment are to be used solely for job-
related purposes and not for personal purposes, and that I have no expectation of privacy in
connection with the use of this equipment or with the transmission, receipt, or storage of
information in this equipment.
I agree not to use a code, access a file, or retrieve any stored communication unless authorized. I
acknowledge and consent to the City monitoring my use of this equipment at any time at its
discretion. Such monitoring may include, but is not limited to, printing up and reading all E-mail,
computer data files or voice mail entering, leaving, or stored in these systems.
Name of Employee (Please Print)
Employee's Signature Date
Name of Management Witness (Please Print)
Signature of Witness Date
APPENDIX K
UNITED CITY OF YORKVILLE EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST
UNITED CITY OF YORKVILLE
EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST
Date:
To: Department:
From: Department:
I would like to notify you of my need to take family/medical leave due to:
Leave to begin on: and to continue until on or about:
Signed: (Employee Signature)
(a) Unless otherwise stated or otherwise required by law, length of service shall not accrue for
an employee who is on an approved non-paid leave status. Accumulated length of service
shall remain in place during that leave and shall begin to accrue again when the employee
returns to work on a pay status. Unless otherwise stated, an employee returning from leave
will have his seniority continued after the period of leave.
(b ) Time spent on extended, unpaid leaves of absence may not be counted as creditable service
for pension purposes. Further, if an employee goes on an approved, unpaid leave of
absence for a period in excess of thirty (30) calendar days and wishes to continue to be
covered by the City's health or life insurance, he or she will be responsible for payment of
the total monthly insurance premiums unless otherwise provided by law.
(c) It is the policy of the City NOT to request the City Council to grant IMRF Pension Credit
and Death and Disability Protection Leave Authorization for an employee going on unpaid
discretionary leave of absence.
(d) Upon return, the City will place the employee in his or her previous assignment, if vacant; if
not vacant; the employee will be placed in the first available assignment according to the
employee's seniority, where skill and ability to perform the work without additional training
is equal. If, upon the expiration of the leave of absence, there is no work available for the
employee or if the employee could have been laid off according to his seniority except for
his leave, he or she shall go directly on layoff
(e) Employees will maintain their employment status and previously accrued benefits while on
approved paid leave. Except where otherwise noted, employees will continue to accrue
benefits during the time they are on approved paid leave from City service.
Employer Response to Employee U.S. Department of Labor �
Request for Family or Medical Leave Employment Standards Administration �>
(Optional Use Form—See 29 CFR§825.301) Wage and Hour Division
(Family and Medical Leave Act of 1993)
OMB No.:1215-0181
Date: Expires:07/31/03
To:
(Employee's Name) -
From:
(Name of Appropriate Employer Representative)
Subject: REQUEST FOR FAMILY/MEDICAL LEAVE
On , you notified us of your need to take family/medical leave due to:
(Date)
❑ The birth of a child,or the placement of a child with you for adoption or foster care;or
❑ A serious health condition that makes you unable to perform the essential functions for your job:or
O A serious health condition affecting your 0 spouse, 0 child, 0 parent,for which you are needed to
provide care.
You notified us that you need this leave beginning on and that you expect
(Date)
leave to continue until on or about
(Date)
Except as explained below, you have a right under the FMLA for up to 12 weeks of unpaid leave in a 12-month
period for the reasons listed above. Also, your health benefits must be maintained during any period of unpaid
leave under the same conditions as if you continued to work, and you must be reinstated to the same or an
equivalent job with the same pay, benefits, and terms and conditions of employment on your return from leave. If
you do not return to work following FMLA leave for a reason other than: (1)the continuation, recurrence, or onset
of a serious health condition which would entitle you to FMLA leave; or (2) other circumstances beyond your
control,you may be required to reimburse us for our share of health insurance premiums paid on your behalf during
your FMLA leave.
This is to inform you that: (check appropriate boxes:explain where indicated)
1. You are 0 eligible 0 not eligible for leave under the FMLA.
2. The requested leave 0 will 0 will not be counted against your annual FMLA leave entitlement.
3. You 0 will 0 will not be required to furnish medical certification of a serious health condition. If required,
you must furnish certification by (Insert date) (must be at least 15 days
after you are notified of this requirement),or we may delay the commencement of your leave until the certification
is submitted.
4. You may elect to substitute accrued paid leave for unpaid FMLA leave.We 0 will 0 will not require that
you substitute accrued paid leave for unpaid FMLA leave. If paid leave will be used,the following conditions will
apply:(Explain)
Forth WH-381
Rev.June 1997
5.(a)If you normally pay a portion of the premiums for your health insurance,these payments will continue during
the period of FMLA leave. Arrangements for payment have been discussed with you, and it is agreed that
you will make premium payments as follows: (Set forth dates, e.g., the 10th of each month, or pay periods,
etc. that specifically cover the agreement with the employee.)
(b)You have a minimum 30-day(or,indicate longer period,if applicable)grace period in which to make premium
payments.If payment is not made timely,your group health insurance may be cancelled,provided we notify
you in writing at least 15 days before the date that your health coverage will lapse,or,at our option,we may
pay your share of the premiums during FMLA leave, and recover these payments from you upon your return
to work. We will 0 0 will not pay your share of health insurance premiums while you are on leave.
(c) We 0 will 0 will not do the same with other benefits (e.g., life insurance, disability insurance, etc.)
while you are on FMLA leave.If we do pay your premiums for other benefits,when you return from leave you
0 will 0 will not be expected to reimburse us for the payments made on your behalf.
6. You 0 will 0 will not be required to present a fitness-for-duty certificate prior to being restored to
employment. If such certification is required but not received, your return to work may be delayed until
certification is provided.
7.(a)You 0 are 0 are not a"key employee"as described in§ 825.217 of the FMLA regulations. If you are a
"key employee:"restoration to employment may be denied following FMLA leave on the grounds that such
restoration will cause substantial and grievous economic injury to us as discussed in §825.218.
•
(b)We 0 have '❑ have not determined that restoring you to employment at the conclusion of FMLA leave
will cause substantial and grievous economic harm to us. (Explain(a) and/or(b) below. See 025.279 of
the FMLA regulations.)
8. While on leave, you 0 will 0 will not be required to furnish us with periodic reports every
(indicate interval of periodic reports,as appropriate for the particular leave situation)
of your status and intent to return to work(see§825.309 of the FMLA regulations). If the circumstances of
your leave change and you are able to return to work earlier than the date indicated on the reverse side of
this form, you 0 will 0 will not be required to notify us at least two work days prior to the date you
intend to report to work.
9. You 0 will 0 will not be required to furnish recertification relating to a serious health condition.(Explain
below. if necessary, including the interval between certifications as prescribed in§825.308 of the FMLA
regulations.)
This optional use form may be used to satisfy mandatory employer requirements to provide employees taking FMLA leave with Written notice
detailing specific expectations and obligations of the employee and explaining any consequences of a failure to meet these obligations.
(29 CFR 825.301(b).)
Note:Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number.
Public Burden Statement
We estimate that It will take an average of 5 minutes to complete this collection of information, including the time for reviewing Instructions.
searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of Information. if you
have any comments regarding this burden estimate or any other aspect of this collection of Information, including suggestions for reducing
this burden. send them to the Administrator. Wage and Hour Division, Department of Labor, Room S-3502. 200 Constitution Avenue, N.W.,
Washington.D.0 20210.
DO NOT SEND THE COMPLETED FORM TO THE OFFICE SHOWN ABOVE.
APPENDIX L
RESOLUTION#2001-31 —CREDIT FOR MILITARY SERVICE IN IMRF
RESOLUTION#2001-31
RESOLUTION TO ALLOW SERVICE CREDIT FOR MILITARY
SERVICE IN THE ILLINOIS MUNICIPAL RETIREMENT FUND
WHEREAS, Article 7 of the Illinois Pension Code (40 ILES 5/7-139) provides that the
governing body of a governmental unit may elect to allow service credit in the Illinois Municipal
Retirement Fund to members who served in the arnled forces of the United States for all periods of
such service prior to their participation in IMRF OR whose participation was interrupted by
military leave but did not return to IMRF participation within 90 days of discharge; and
WHEREAS, such allowance of service credit cannot be limited to a specific IMRF member
and applies to all employees who were in active participating status under IMRF on the date this
resolution was adopted;
THEREFORE, BE IT RESOL VED that the City Council of the UNITED CITY OF
YORKVILLE elects to allow service credit to members who served in the armed forces of the
United States for up to two years of service, prior to their participation in the Illinois Municipal
Retirement Fund,
THEREFORE, BE IT FURTHER RESOL VED that the City Clerk shall be directed to file
a certified copy of this resolution with the Board of Trustees of the Illinois Municipal Retirement
Fund and that this resolution shall remain in full force and effect until modified or rescinded and
notice of such modification or recision has been filed with the Board of Trustees of the Illinois
k./
A O R c).
PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
w Day of ,A.D. ?Cts
Atte .. Q_.-
CI Y CLERK
CERTIFICATION
the Clerk of the United City of Yorkville, of the County of
Kendall State of Illinois,do hereby certify that I ant the keeper of it's books and records and that the
fort, _:rig is a true and correct copy of a solution duly adopted by ifs city Council at a r eetic?e
duly convened and held on the day of June,2001
Seal
City Clerk, United City of Yorkville
APPENDIX M
RESOLUTION#01-23 —ACCRUAL OF DENTAL AND VISION BENEFITS
RESOLUTION#01-23
RESOLUTION PERMITTING ACCRUAL OF DENTAL AND VISION BENEFITS
WHEREAS, the United City of Yorkville provides certain health insurance benefits for its
employees; and
WHEREAS,the United City of Yorkville provides to its employees and their families
reimbursement for dental of One Hundred Fifty Dollars and 00/100 ($150.00) for the employee,
One Hundred Twenty-Five Dollars and 00/100 ($125.00) for the spouse, and One Hundred
Twenty-Five Dollars and 00/100 ($125.00)for each dependent; and reimbursement for vision of
One Hundred Fifty Dollars and 00/1 00($150.00) for the employee, One Hundred Twenty-Five
Dollars and 00/Loo ($125.00) for the spouse, and One Hundred Twenty-Five Dollars and 00/100
($125.00) for each dependent, for expenses that ordinarily must be expended by the employee each
City fiscal year to be eligible for reimbursement; and
WHEREAS, the Mayor and City Council deem it to be in the best interest of the City to
provide for City employees to accrue and carry over any unused reimbursement for dental and
vision expenses for its work force for a total period of three (3) fiscal years and to allow them to
use the benefits cumulatively:
NOW THEREFORE BE IT RESOL VED BY THE UNITED CITY OF YORKVILLE,
upon motion duly made, seconded, and approved by a majority of those Alderman voting, that City
employees are hereby permitted to accrue and carry over any unused amounts for dental and vision
expenses for a total period of three (3) fiscal years and that the employees shall be permitted to use
said benefits cumulatively.
PAUL JAMES MARTY MUNNS
RICHARD STICKA MIKE ANDERSON
VALERIE SURD ROSE SPEARS
,A•
LARRY KOT JOSEPH BES CO
APPROVED by me, Mayor of the United City of Yorkville,Kendall County,Illinois,this
)say of A.D.201)_.
MAYOR
PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
a`0 day of ,A.D.20.11_.
Attest• S4ic
rrY CL
Prepared by: _
Law Offices of Daniel J.Kramer
1107A S.Bridge Street
Yorkville,Illinois 60560
630.553.9500
APPENDIX N
UNITED CITY OF YORKVILLE OFF-PREMISES TRAINING HOURS WORKED
UNITED CITY OF YORKVILLE
OFF-PREMISES TRAINING HOURS WORKED AGREEMENT
You are enrolling in (name of program)
sponsored by (name of agency)
This training program will be conducted on (date)
(or from to )
and held at (location)
This is a (length) training program.
A. You will be compensated at your regular rate of pay for the following activities:
1. Classroom hours.
2. Travel time for training or courses outside the Chicago Metropolitan Area
(Six County Region):
a. As a driver.
b. As a passenger if trip is all in one day.
c. As a passenger if trip is overnight for travel during normal work
hours.
Hours of worked allowed: (To be initialed)
Employee Acknowledgement: I have read this agreement, understand its contents and
agree to comply with its stipulations.
Employee Name, Typewritten
Employee Signature Date
Signature of supervisor receiving signed agreement Date
APPENDIX 0
RESOLUTION#1994-16—INTERNAL REVENUE CODE 457 DEFERRED COMPENSATION
RESOLUTION#1994-16
RESOLUTION AUTHORIZING INTERNAL REVENUE CODE 457
DEFERRED COMPENSATION PLAN FOR EMPLOYEES OF THE
UNITED CITY OF THE VILLAGE OF YORKVILLE.
WHEREAS, the Mayor and City Council, on behalf of the employees of the United City of
the Village of Yorkville, wish to create the opportunity for their employees to participate in an
Internal Revenue Code 457 Deferred Compensation Plan; and
WHEREAS, the participation in said plan by the employees of the United City of the
Village of Yorkville creates no new liabilities or financial obligations on behalf of the City of
Yorkville, but rather creates the opportunity for financial benefit and favorable tax treatment on the
part of its employees; and
WHEREAS, the City Council has considered the plans being offered by First of America
for said Deferred Compensation Program; and
WHEREAS, First of America Bank is currently acting as Plan Supervisor for a Deferred
Compensation Plan through First of America Brokerage; and
WHEREAS, it is the desire of First of America Brokerage to offer to the employees of the
City of Yorkville this service with either or both the Kemper and Parkstone Variable Annuities;
and
WHEREAS, by authorization of the Deferred Compensation Plan, all regulatory,
administrative, and fiduciary responsibilities are hereby assumed by First of America Brokerage
on behalf of the City of Yorkville; and
WHEREAS, First of America Brokerage as Plan Supervisor agrees to hold harmless and
indemnify the City of Yorkville, its appointed and elected officers and participating employees
from any loss resulting from First of America Brokerage of its agent's failure to perform its duties
and services pursuant to the Deferred Compensation Program:
NOW THEREFORE, THE UNITED CITY OF THE VILLAGE OF YORKVILLE, UPON
MOTION DULY MADE, SECONDED, AND APPROVED BY A MAJORITY OF THOSE
ALDERMEN VOTING ON SAID ISSUE, DOES HEREBY RESOL VE TO APPROVE THE
DEFERRED COMPENSATION PLAN OFFERED BY FJRST OF AMERICA BROKERAGE AS
A VIABLE PLAN FOR ALL ELIGIBLE UNITED CITY OF THE VILLAGE OF YORKVILLE
EMPLOYEES,
Passed and Approved this I day of_a___ 4_, 1994.
ik,‘„ii)1,4.,
Mayor
ATTEST: (41. 91,4,4A-6YN-i
ClC Clerk
APPENDIX P
RESOLUTION#96-2 —AURORA EARTHMOVERS CREDIT UNION
RESOLUTION#96-2
RESOLUTION AUTHORIZING EMPLOYEES OF
THE UNITED CITY OF THE VILLAGE OF YORKVILLE
TO BE MEMBERS OF THE AURORA EARTHMOVERS CREDIT UNION
NOW BE IT RESOLVED BY THE UNITED CITY OF THE VILLAGE OF YORKVILLE THAT:
1. That all employees of the UNITED CITY OF THE VILLAGE OF YORKVILLE are
authorized to become members of the Aurora Earthmovers Credit Union.
2. That the UNITED CITY OF THE VILLAGE OF YORKVILLE will assist in any
necessary or required payroll deductions and payments to the Aurora Earthmovers Credit Union for
any of the employees who become members.
3. That the UNITED CITY OF THE VILLAGE OF YORKVILLE will execute any
necessary documents to assist the employees of the UNITED CITY OF THE VILLAGE OF
YORKVILLE becoming members of the Aurora Earthmovers Credit Union.
PASSED AND APPROVED this g day of 'a , 1996.
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ATTEST:
dPi
CITY CLERK