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City Council Packet 2005 07-26-05 �0Cip ��`�` 0 United City of Yorkville EST % d'_ - sus 800 Game Farm Road �` Yorkville, Illinois 60560 p Li rt Telephone: 630-553-4350 11/4 :2.7.,, 4> Fax: 630-553-7575 AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday,July 26, 2005 Call to Order: 7:00 p.m. Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Paul James Valerie Burd Marty Munns Joe Besco Jason Leslie Dean Wolfer 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, August 22, 2005 To be announced City Hall Conference Room City Hall Conference Room Economic Development Committee: 7:00 p.m., Thursday, August 18, 2005 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday, August 4, 2005 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday, August 11, 2005 City Hall Conference Room ------------ --- ------------- ------------------------------- Public Meeting Regarding On Street/Overnight Parking Restrictions from 1:00 a.m. to 6:00 a.m. -------------- — ----- — — ------ Public Hearings: None Citizen Comments: City Council Meeting Agenda July 26, 2005 Page 2 Presentations: 1. Library Bond Sale by Kevin McCanna of Speer Financial Consent Agenda 1. Treasurer's Report for May 2005 2. Countryside Interceptor- award contract to Glenbrook Excavating& Concrete in an amount not to exceed $1,241,863.00 3. IDOT Highway Permit&Resolution - Raintree Village Offsite Sanitary Sewer- authorize Mayor and City Clerk to execute 4. IDOT Highway Permit& Resolution - Grande Reserve Route 34 Widening and Signalization - authorize Mayor and City Clerk to execute 5. Beaver Street Water Booster Station Repair- approve repair by Engineering Fluids in an amount not to exceed$20,000.00 6. Contract B.1 - Wells No. 3 and 4 Well House and Treatment Facility - award contract to Whittaker Construction &Excavating, Inc., in an amount not to exceed$1,819,000.00 notice to proceed upon receiving authorization of the IEPA and approval of the TEPA Public Water Supply Low Interest loan 7. Contract B.2 - State Street Finished Water Main - award contract to Swallow Construction Corporation in an amount not to exceed$564,330.00 contingent on the authorization of the TEPA and approval of the IEPA Public Water Supply Low Interest Loan or Alternate Revenue Bond Sale 8. Contract B.3 - Wells No. 3 and 4 Raw Water Main and King Street Finished Water Main - award contract to Swallow Construction Corporation in an amount not to exceed$1,372,767.00 contingent on the authorization of the TEPA and approval of the IEPA Public Water Supply Low Interest Loan or Alternate Revenue Bond Sale 9. Sunflower Park Equipment - accept Option #1 for the equipment and park amenities in an amount not to exceed$55,802.00 as recommended by the Park Board Plan Commission/Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council— None Minutes of Committee of the Whole—May 17, 2005 Bill payments for approval from the current Bill List(Corrections and Additions): Checks total these amounts: $ 1,209,846.95 (vendors) $ 166,682.47 (payroll period ending 7/09/05) $ 1,376,529.42 (total) City Council Meeting Agenda July 26, 2005 Page 3 Reports: Mayor's Report: 1. Proclamation for National Night Out 2. Del Webb Tour on August 1, 2005 City Attorney's Report: 1. Republication of Ordinance and Notice for IEPA Loan: Radium Compliance Program a. Ordinance Authorizing the United City of Yorkville to borrow funds from the Public Water Supply Loan Program City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Executive Director of Parks & Recreation Report: Community & Liaison Report: Committee Reports: Public Works Committee Report: 1. No Report. Economic Development Committee Report: 1. No Report. Public Safety Committee Report: 1. No Report Administration Committee Report: 1. Ordinance Providing for the Issuance of$7,250,000 General Obligation Library Bonds, Series 2005B Additional Business: Adjournment: City Council Meeting Agenda July 26, 2005 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2005 —2006 PUBLIC WORKS Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committee: Alderman Munns Streets and Alleys YBSD Committee: Alderman Wolfer Sanitation and Waste Committee: Alderman James ECONOMIC DEVELOPMENT Committee Departments Liaisons Chairman: Alderman Munns Planning & Building & Zoning Chamber of Commerce Committee: Alderwoman Burd Business & Economic Dev. Kendall County Econ. Dev. Committee: Alderman Besco Plan Commission Committee: Alderman Leslie Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention & Tourism Council Downtown Re-development 'UBLIC SAFETY; Committee Departments Liaisons Chairman: Alderwoman Ohare Police Human Resource Comm. Committee: Alderwoman Spears Schools School District Committee: Alderman Wolfer Public Relations KenCom Committee: Alderman Leslie ;ADMINISTRATION Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Ohare Public Properties Library Committee: Alderwoman Spears Personnel Cable Consortium Committee: Alderwoman Burd AD-HOC: TECHNOLOGY; --------------------------------------------- ----- Committee Co-Chairman: Alderwoman Ohare Co-Chairman: Alderman Wolfer `,sEo co o United City of Yorkville Memo J ' -� '� Public Works Department EST.141836 800 Game Farm Road 0 � � n Yorkville, Illinois 60560 9 O Telephone: 630-553-4370 4ke %vv� Fax: 630-553-4377 Date: July 22, 2005 To: Tony Graff, Administrator ;. From: Eric Dhuse, Director of Public Works '�`" /1± CC: Subject: Sign Cost Tony, Per your request, I have put together a cost estimate for signs that may be needed for the proposed overnight parking ban. Item Quantity Price Total Signs 50 $9.75 $487.50 Posts 50 $17.50 $875.00 Anchors 50 $9.00 $450.00 Hardware 100 $1.00 $100.00 Labor Est. $650.00 Total Cost Estimate $2562.50 These numbers are estimates only. If you have any questions or comments, please let me know. FitchRatings Rating Action Commentary Contacts Melanie A.J. Shaker +1-312-368-3143 Joseph O'Keefe +1-312-368-3171 Fitch Rates Yorkville, Illinois' $7.3MM Library GOs 'A' Fitch Ratings-Chicago-July 20, 2005: Fitch Ratings assigns an 'A' rating to the United City of Yorkville, Illinois' $7,250,000 general obligation library bonds, series 2005B. The bonds will sell competitively on July 26, with Speer Financial, Inc. serving as financial advisor on the transaction, and are payable from ad valorem taxes levied on all taxable property within the city without limitation as to rate or amount. Fitch also assigns an 'A' rating to the city's approximately $32 million of outstanding general obligation debt. The Rating Outlook is Stable. Proceeds of this offering, which was approved by voters in November 2004, will finance the expansion of the city's library. The 'A' rating is based on a rapidly growing tax base, above-average wealth levels, and consistent financial performance guided by strong planning and prudent budgeting. Although the city's population has more than doubled since 1990, management has maintained healthy financial reserves and initiated a comprehensive plan to accommodate future growth. The city's debt levels are moderately high as a result of rapid expansion, but the capital plan anticipates little debt issuance and its pace depends on operating sources and developer contributions. Located 45 miles southwest of Chicago, Yorkville has expanded at a rapid pace due to its proximity to the diverse employment bases in the Chicago and Naperville areas in addition to its affordable housing. Strong housing demand, particularly in single-family homes, has spurred tax base growth averaging 19% annually in the past five years. The city's 2000 median single-family home value equaled $157,700, compared to $130,800 for the state. Other wealth indicators are also favorable, as Yorkville's per capita income equaled 106% and 114% of state and national averages, respectively. Yorkville's financial position is strong, as growth has been factored into budgeting and capital planning. In accordance with its fund balance policy, which stipulates reserve levels of at least 15% of general fund spending, the city maintained an undesignated general fund balance of$1.4 million (20.5% of spending) in fiscal 2004 (April 30 year-end), and has maintained undesignated reserves above 15% in each of the past three years. Steady financial performance is derived through a diverse revenue stream, with property and sales tax receipts supplemented by growth in development- related revenue, such as building permit fees. The city's direct debt is moderately high, equating to $4,166 per capita or 5.0% of market value, although a variety of alternate revenue sources have been directed to bond repayment. Overlapping debt includes local school and community college districts, as well as county and forest preserve debt, bringing overall debt to a moderately high $6,552 per capita or 7.8% of market value. Fitch expects little debt issuance over the next few years as funding sources have already been identified for slated projects and residential developments will finance utility infrastructure. The city's six-year capital plan totals $54.1 million. Two-thirds of the plan relates to water and sewer improvements, with the balance dedicated to street projects. Operating sources and developer contributions each provide about half of the financing. Fitch's rating definitions are available on the agency's public web site, `www.fitchratings.coin'. Published ratings, criteria and methodologies and relevant policies and procedures are also available from this site, at all times. This document will remain on the public site for seven days. ### STANDARD &POOR'S Publication date:07-Jul-2005 Reprinted from RatingsDirect United City of Yorkville, Illinois Primary Credit Analyst(s):Ryan M Brady,New York(1)212-438-2123;ryan_brady@standardandpoors.com Secondary Credit Analyst(s):Jeffrey Panger,New York(1)212-438-2076;jeff_panger@standardandpoors.com Credit Profile Rationale Standard & Poor's Ratings Services assigned its'A-' rating to United City of US$7.25 mil GO lib bnds ser Yorkville, Ill.'s GO library bonds, series 2005B, and affirmed its various ratings 20058 dtd 08/01/2005 due 12/30/2008-2024 on the city's outstanding general obligation debt. A- Sale date:26-JUL-2005 The'A-' rating reflects the GO pledge of the city. AFFIRMED Outstanding GO bnds A-(SPUR) The'A-' rating additionally reflects the city's: United City of Yorkville Issuer Credit Rating • Proximity to the strong DuPage County area economy; A • Above-average income and wealth levels; and Outstanding debt certs • Sound financial position. BBB+(SPUR) OUTLOOK:STABLE A high debt burden and looming growth pressures offset the above strengths. The bonds are secured by the city's full faith and credit GO pledge. Yorkville is a nonhome rule jurisdiction, situated in Kendall County, southwest of Aurora, Ill. ('AA'GO rating)and Naperville, Ill. ('AAA' GO rating). The city has seen relatively significant population increases, due to the combination of the high demand for affordable residential development in the area and numerous annexations. Population grew to 8,749 in 2003 from 6,189 in 2000, a 41.3% increase in three years. The city is poised for considerable development, as growth from Chicago, Ill. pushes westward. Management estimates that future annexations and continued strong demand for new houses will drive the population to at least 25,000 by 2010. Assessed value(AV) has had solid gains in recent history, growing 45%since fiscal 2002, to a current$238 million. Before fiscal 2002, the tax base had increased an average of 5% annually since fiscal 1996. Because the city is nonhome rule, it is subject to statutory tax caps, limiting its levy-raising ability net of new construction; however, these limitations are tempered by a rapidly growing tax base. In addition, when the city reaches a population of 25,000, expected within the next five years, the city will achieve home-rule status, increasing taxing and borrowing capacity. Residents commute to jobs in Kane and DuPage counties ('AA'and 'AAA'GO ratings, respectively). Major area employers include: • Harper-Wyman Co., Appliance Control Group, thermostatic controls (1,400 employees); • Waubonsee Community College (750); and • Lyon Metal Products, steel storage equipment(600). Despite access to a wide variety of employment opportunities, the city's unemployment rate typically exceeds state and national averages. In 2003, the city's unemployment rate averaged 8.9%, which was high compared to the state (6.0%)and national (6.7%)levels. Although more recent figures are unavailable for the city through June 2004, strong employment growth improved the county's unemployment rate (5.8%), and it is now on par with the national rate. Income levels are above average. Median household income levels for Yorkville are 124% and 134% of state and national averages, respectively. An above-average market value per capita ($71,055) paints an accurate picture of the wealth levels in the township, as the tax base is predominantly residential. Outlook The stable outlook reflects the expectation that the city will maintain structural balance as capital needs rise from growth. Finances The city's financial position remains healthy in light of rapid population growth that is expected to translate into capital pressures on the city and other local jurisdictions, potentially leading to a higher debt burden as new school, library, and park facilities are built to serve the larger population. At fiscal year-end 2004 (April 30), the unreserved general fund balance stood at$1.4 million, or a sound 23.8%of operating expenditures, up from the previous fiscal year when it totaled $955,000, or 17.4% of operating expenditures. The influx of new residents into the city has increased license, permit, and fee revenues by more than five times in a four-year period to$1.8 million in fiscal 2004 from $342,000 in fiscal 2001. Additionally, sales tax revenues have increased to $1.9 million from $1.0 million in the same time frame. Continual growth of these revenue streams in conjunction with higher-than-anticipated property tax revenues due to new residential construction has lead management to expect that financial operations will generate a surplus in fiscal 2005, despite state-shared revenue cuts. The city relies on state distributions of sales and income tax revenues (35%) and property taxes(20%)as its primary operating revenue sources. Based on 2003 special census results, management expects the city to realize an additional $200,000 of income tax revenues in fiscal 2005, as the state's income tax distribution is population driven. However, despite the city's proactive approach to setting appropriate staffing levels and improving processes to accommodate heightened service needs, staffing costs are expected to significantly rise in the future, potentially offsetting gains related to population growth. Debt The city's overall debt burden is high at$8,740 per capita and 12.3% of market value. However, these ratios are somewhat inflated because included is$26.3 million of special assessment debt that is not borne by the entire population. If this debt is excluded, overall net debt is significantly lowered to $4,319, or 6.1%. Debt-service carrying charges are moderate at 8% of expenditures, and amortization of outstanding debt is average, with 40% of outstanding principal maturing within 10 years. Capital Improvement Plan The city maintains a six-year(2004-2009)capital improvement plan (CIP) totaling $54.0 million. The CIP is relatively evenly distributed among water, sewer, and street projects, with the bulk of the projects planned for the first four years. Despite the relatively large size of the CIP, management does not intend to raise the necessary funds through debt financing. Instead, the city is expecting to be able to use monies previously raised through the issuance of debt certificates, future water system connection fees, funding from developers, motor fuel taxes, and a small portion of the general fund balance, to fund various capital projects. This report was reproduced from Standard &Poor's RatingsDirect, the. premier source of real-time,Web-based credit ratings and research from an organization that has been a leader in objective credit analysis for more than 140 years. To preview this dynamic on-line product,visit our RatingsDirect Web site at www.standardandpoors.com/ratingsdirect. Published by Standard&Poor's,a Division of The McGraw-Hill Companies,Inc.Executive offices:1221 Avenue of the Americas,New York,NY 10020.Editorial offices:55 Water Street,New York,NY 10041. Subscriber services:(1)212-438-7280.Copyright 2005 by The McGraw-Hill Companies, Inc. Reproduction in whole or in part prohibited except by permission.All rights reserved.Information has been obtained by Standard&Poor's from sources believed to be reliable.However,because of the possibility of human or mechanical error by our sources,Standard&Poor's or others,Standard& Poor's does not guarantee the accuracy,adequacy,or completeness of any information and is not responsible for any errors or omissions or the result obtained from the use of such information.Ratings are statements of opinion,not statements of fact or recommendations to buy,hold,or sell any securities. The McGraw-Hill companies (; ( (. l 1 it I-I ()k ik-yL l ,cso cirr United Ci of Yorkville Memo 1'„ , 'p 800 Game Farm Road EST.14 1836 Yorkville, Illinois 60560 � Telephone: 630-553-4350 I x F ax: 630-553-7575 o� Date: July 22, 2005 To: Mayor and Aldermen From: John Justin Wyeth, City Attorney CC: Anton Graff, City Administrator Subject: IEPA Loan, Ordinance authorizing COY to borrow funds from Loan Program The IEPA has asked that the form of Ordinance authorizing the City's application(which was first passed on February 22, 2005 as Ord 2005-15)be published in its entirety. On March 3, 2005, the Notice of Intent to Borrow Funds was properly published,but the entire text of the Ordinance was not. While I am surprised that IEPA would insist that the full text needs to be published in a situation such as this, IEPA staff attorney Vera Herst has indicated that the IEPA internal procedures require that the entire text be published. The most expeditious path to satisfying the IEPA is to simply re-enact the original text of Ordinance 2005-15 as a new Ordinance. Then publish the entire Ordinance text. This is the classic"means of least resistance". The Notice will provide for a 30 day petition period, commonly referred to as a"back door" referendum. It is my understanding that with this action, our application will stay on track, and the low interest loan will be available in the time frame that we expected. I recommend adoption of the attached Ordinance. ORDINANCE NUMBER AN ORDINANCE authorizing the UNITED CITY of YORKVILLE, KENDALL COUNTY, ILLINOIS to borrow funds from the Public Water Supply Loan Program WHEREAS the United City of Yorkville, Kendall County, Illinois operates its public water supply system ("the System") and in accordance with the provisions of 65 ILCS 5/11-129 and the Local Government Debt Reform Act, 30 ILCS 350/1 et. Seq. (collectively, "the Act"); and WHEREAS the Mayor and City Council of the United City of Yorkville (the "Corporate Authorities") have determined that it is advisable, necessary and in the best interests of public health, safety and welfare to improve the System, including the following: Radium Compliance and Water Works System Improvements including Wells No. 3 and 4 Water Treatment Plant and Raw and Finished Water Mains For The United City of Yorkville together with any land or rights in land and all electrical, mechanical or other services necessary, useful or advisable to the construction and installation(the "Project"), all in accordance with the plans and specifications prepared by consulting engineers to the United City of Yorkville; and WHEREAS the useful life of the Well House and Water Transmission main is 50 years and the useful life of the treatment equipment is 20 years; and WHEREAS the estimated cost of construction and installing the Project, including engineering, legal, financial and other related expenses is $5,000,000, and there are insufficient funds on hand and lawfully available to pay these costs; and WHEREAS the loan shall bear an interest rate as defined by 35 Ill. Adm. Code 662, which does not exceed the maximum rate authorized by the Bond Authorization Act, as amended, 30 ILCS 305/0.01 et Seq., at the time of the making of the loan; WHEREAS the principal and interest payment shall be payable semi-annually, and the loan shall mature in 20 years, which is within the period of useful life of the project; and WHEREAS the costs are expected to be paid for with a loan to the United City of Yorkville from the Public Water Supply Loan Program through the Illinois Environmental Protection Agency, the loan to be repaid from revenues of the System and the loan is authorized to be accepted at this time pursuant to the Act; and WHEREAS, in accordance with the provisions of the Act, the United City of Yorkville is authorized to borrow funds from the Public Water Supply Loan Program [415 ILCS 5/19.3] in the aggregate principal amount of$ 5,000,000 to provide funds to pay the costs of the Project; and WHEREAS the loan to the United City of Yorkville shall be made pursuant to a Loan Agreement, including certain terms and conditions, between the United City of Yorkville and the Illinois Environmental Protection Agency; NOW, THEREFORE be it ordained by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: SECTION 1. INCORPORATION OF PREAMBLES The Corporate Authorities hereby find that the recitals contained in the preambles are true and correct, and incorporate them into this ordinance by this reference. SECTION 2. DETERMINATION TO BORROW FUNDS It is necessary and in the best interests of the United City of Yorkville to construct the Project for the public health, safety and welfare, in accordance with the plans and specifications, as described; that the System continue to be operated in accordance with the provisions of the Illinois Environmental Protection Act, 415 ILCS 5/1 et. Seq.; and that for the purpose of constructing the Project, it is hereby authorized that funds be borrowed by the United City of Yorkville in an aggregate principal amount (which includes construction period interest financed over the term of the loan) not to exceed $ 5,000,000. SECTION 3. PUBLICATION This Ordinance, together with a notice in the statutory form, shall be published once within ten days after passage in the Kendall County Record, a newspaper published and of general circulation in the United City of Yorkville and if no petition, signed by electors numbering 10% or more of the registered voters in the United City of Yorkville (i.e., electors) and asking that the question of improving the System as provided in this Ordinance and entering into the Loan Agreement therefore be submitted to the electors of the United City of Yorkville, is filed with the United City of Yorkville Clerk within 30 days after the date of publication of this Ordinance and notice, then this Ordinance shall be in full force and effect. A petition form shall be provided by the United City of Yorkville Clerk to any individual requesting one. SECTION 4. ADDITIONAL ORDINANCES If no petition meeting the requirements of the Act and other applicable law is filed during the 30-day petition period, then the Corporate Authorities may adopt additional ordinances or proceedings supplementing or amending this Ordinance, providing for entering into the Loan Agreement with the Illinois Environmental Protection Agency, prescribing all the details of the Loan Agreement, and providing for the collection, segregation and distribution of the revenues of the System, so long as the maximum amount of the Loan Agreement as set forth in this Ordinance is not exceeded and there is no material change in the project or purposes described herein. Any additional Ordinances or proceedings shall in all instances become effective in accordance with the Act or other applicable law. This Ordinance, together with such additional ordinances or proceedings, shall constitute complete authority for entering into the Loan Agreement under applicable law. However, notwithstanding the above, the United City of Yorkville may not adopt additional ordinances or amendments which provide for any substantive or material change in the scope and intent of this Ordinance, including but not limited to interest rate, preference or priority of any other ordinance with this Ordinance, parity of any other ordinance with this Ordinance, or otherwise alter or impair the obligation of the United City of Yorkville to pay the principal and interest due to the Public Water Supply Loan Program without the written consent of the Illinois Environmental Protection Agency. SECTION 5. LOAN NOT INDEBTEDNESS OF UNITED CITY OF YORKVILLE Repayment of the loan to the Illinois Environmental Protection Agency by the United City of Yorkville pursuant to this Ordinance is to be solely from the revenues of the System and the loan does not constitute an indebtedness of the United City of Yorkville within the meaning of any constitutional or statutory limitation. SECTION 6. APPLICATION FOR LOAN The Mayor of the United City of Yorkville is hereby authorized to make application to the Illinois Environmental Protection Agency for a loan through the Public Water Supply Loan Program, in accordance with the loan requirements set out in 35 Ill. Adm. Code 662. The loan funds shall be used solely for the purposes of the project as approved by the Illinois Environmental Protection Agency in accordance with the terms and conditions of the loan Agreement. SECTION 7. RESERVE ACCOUNTS If the City does not use a revenue bond ordinance to support this loan, then, the City shall establish coverage and a reserve account identical to the coverage and reserves in the outstanding senior revenue bond issue(s), if any. SECTION 8. AUTHORIZATION OF MAYOR TO EXECUTE LOAN AGREEMENT The Mayor is hereby authorized and directed to execute the Loan Agreement with the Illinois Environmental Protection Agency. The Corporate Authorities may authorize by resolution another person other than the Mayor for the sole purpose of authorizing or executing any documents associated with payment requests or reimbursements from the Illinois Environmental Protection Agency in connection with this loan. SECTION 9. SEVERABILITY If any section, paragraph, clause or provision of this Ordinance is held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Ordinance. SECTION 10. REPEALER All ordinances, resolutions, orders, or parts thereof, which conflict with the provisions of this Ordinance, is to the extent of such conflict, are hereby repealed. THE REST OF THIS PAGE IS LEFT INTENTIONALLY BLANK. PASSED by the Corporate Authorities on , 20 . Approved , 20 . Mayor of the United City of Yorkville Kendall, County, Illinois AYES: NAYS: ABSENT: PUBLISHED in the Kendall County Record on , 20 RECORDED in the United City of Yorkville Records on , 20 ATTEST: United City of Yorkville Clerk United City of Yorkville, Kendall County, Illinois NOTICE OF INTENT TO BORROW FUNDS AND RIGHT TO FILE PETITION NOTICE IS HEREBY GIVEN that, pursuant to Ordinance Number , adopted on , 20 , the United City of Yorkville, intends to enter into a Loan Agreement with the Illinois Environmental Protection Agency in an aggregate principal amount not to exceed $5,000,000 and bearing annual interest at an amount not to exceed the maximum rate authorized by law at the time of execution of the Loan Agreement, for the purpose of paying the costs of certain improvements to the public water supply system of the United City of Yorkville A complete copy of the Ordinance accompanies this notice. NOTICE IS HEREBY FURTHER GIVEN that if a petition signed by 611 or more electors of the United City of Yorkville (being equal to 10% of the registered voters in the United City of Yorkville, requesting that the question of improving the public water supply system and entering into the Loan Agreement therefore is submitted to the City Clerk within 30 days after the publication of this Notice, the question of improving the public water supply system of the United City of Yorkville as provided in the Ordinance and Loan Agreement shall be submitted to the electors of the United City of Yorkville at the General Election to be held on March 21, 2005. A petition form is available from the office of the City Clerk. City Clerk United City of Yorkville of Kendall, County, Illinois FROM : FAX NO. :5534377 Jul. 20 2005 12:25PM P1 (r,0 C/p (,41 ) _ _.'� o United City of Yorkville Memo �*6 Public Works Department est .. �� �-;_..._ nu 800 Game Farm Road '7-'m-- Yorkville, Illinois 60560 ,..��;.0.',. '>. 0 Telephone: 630-553-4370 `e%vs" Fax: 630-553-4377 Date: .luly 20, 2005 To: Tony Graff, Administrator From: Eric Dhuse, Director of Public Works I: CC: "Traci Pleckham, Finance Director Subject: Beaver St. Booster Station Repair Tony, Per City Council request, 1 spoke with EFI this morning regarding labor, costs for the installation of the new impellers for the booster station. The following is the breakdown; Travel/mileage $387.50(approx.) Labor(12 hrs (a� $85/hr $1020.00 Impeller Assembly $15,534.00 TOTAL $16,941.50 Last night at the COW meeting,Traci thought that there should he some money left in the water tower painting line item that we could utilize. If this does.not cover all of it,we may have to take it out of contingency or reserve. I would ask that we put a not to exceed figure of$20,000 in case any other parts are needed, or it takes longer to complete than expected. If you have any questions or comments,please let me know. Page 1 of 10 DRAFT) UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE City Conference Room Tuesday, May 17,2005 - 7:00 p.m. In Attendance: Ci Art Prochaska—Mayor Harold Martin—Chief of Police Valerie Burd - Alderwoman Tony Graff—City Administrator Marty Munns - Alderman John Wyeth—City Attorney Wanda Ohare - Alderwoman Traci Pleckham—City Finance Director Dean Wolfer—Alderman Bill Powell—City Treasurer Rose Spears - Alderwoman Eric Dhuse—Director of Public Works Joe Besco - Alderman Laura Brown—Exec. Director Parks &Recreation Paul James—Alderman Bait Olson- Intern Jason Leslie -Alderman Lynn Dubajic—Director of Economic Develop. Guests Kathy Farren—Kendall County Record Allecia Vermillion—The Beacon News Chuck Brooks Derke Price—Ancel Glink David Meek—Quarles &Brady The meeting was called to order at 7:00pm by Mayor Art Prochaska. . PUBLIC HEARING: None PRESENTATIONS: None DETAIL BOARD REPORT BILL LIST): The following questions on the bill list were addressed: 1. Page 7: DVD equipment: old sewer tapes being transferred to DVD 2. Page 26, 27: Water cooler was purchased rather than continue to rent 3. Page 13: Metropolitan Industries-injector pump repair 4. Page 24: Building&Zoning-regarding annexation of new golf course 5. Page 15: Downtown TIF research has begun 6. Page 2: 05/06 Board report-Employee Benefits corp.-new administrative enrollment fee 7. Page 5: administrative annual membership quarterly seminars for labor- related matters The bill list will move to City Council agenda for consideration. Page 2 of 10 ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA: 1. Treasurer's Reports for May—December 2004—Admin 5/5/05 Alderwoman Spears asked about the State Statute in regards to more timely reports. Ms. Pleckham said the reports were delayed due to an audit and that the Statutes only require them once a year. However, Mayor Prochaska added that he would like to see these reports on a monthly basis to provide an overall snapshot. It was suggested by Attorney Wyeth that"Preliminary" could be noted on the reports. Ms. Pleckham gave a brief overview of the various items on the December report and it was noted that a year ago, there was no Fund Balance. Treasurer Powell noted that the City now has "laddered" CD's for greater interest yield. Because of the new investment policy, the City is now earning 2.5% interest rather than half a percent. Mr. Powell said that the City is also in the process of obtaining new signature cards. This item moves to the consent agenda for the City Council meeting next week. 2. Collateralized Single Family Mortgage Revenue Bonds—Admin 5/5/05 Alderman James reported a positive recommendation to move this item forward from the Administration Committee. MAYOR: 1. Ratify Tax Levy Mayor Prochaska stated that each year the tax levy is based on an estimate of the EAV until the County provides the final numbers. Ms. Pleckham stated that the levy rate was determined to be .7326. She said that Bristol township residents would see a decrease of$40 per house and added that they did not have a reassessment. Other residents would see a minor decrease of$10-11. This item moves forward to the City Council consent agenda for a vote of ratification. 2. Appointment of Appointed Officials Mayor Prochaska stated that the aldermen had requested a review of the ordinances and how they pertained to re-appointments of City officials. Attorney Wyeth suggested a revision to the Code so that all re-appointment information is in one place rather than scattered throughout the Code as it is now. It was noted that the positions of Finance Director and Parks and Recreation Director are currently shown as annual appointments while the others are shown in an 1881 ordinance, to be made at the"next election of the Mayor". The law is unclear at this time for some of the positions. Mayor Prochaska said he would like a Page 3 of 10 recommendation from the committee level, for an update for these appointments. The Deputy Clerk position was then discussed. That position is re-appointed on an annual basis according to ordinance,however, a recommendation for re- appointment has not yet been submitted. It was also noted that the Library Board appointments are not within the realm of the Council's authority. The employees who have contracts are not included in the re-appointments at this time,however, that issue should be discussed. Alderman James asked why appointments are done since the appointees are City employees. Currently, some of the positions are appointed by State Statute and some by City ordinance. An Executive Session was requested by Alderwoman Spears regarding the Deputy Clerk position. There was discussion regarding the point at which the position becomes vacant if there is no recommendation or, when the appointment becomes null. Attorney Wyeth stated that the person holding the office remains in place unless there is a termination date. A termination date or expiration date for an office was suggested for discussion on a committee level. Alderman Wolfer asked if there is a time limit for making recommendations for re-appointments. Currently there is no time limit. In summary, Mayor Prochaska said that an Executive Session would be held prior to the City Council meeting next week. to discuss the Deputy Clerk position. 3. Coffee with the Mayor: May 2r at Cardinal Homes Mayor Prochaska reminded the committee of the mayoral coffee. In addition,the American Legion will hold their Blue Star Banner Day on the 21st. Volunteer Appreciation Day will also be observed on this date. CITY ATTORNEY: 1. Review of Nepotism Policy Attorney Wyeth reported this policy is in draft form and has been reviewed by the Labor Attorney. It has two facets: one part regarding employees and one part for contract employees. After a lengthy discussion, it was decided that this policy is a good starting point and that it can be revisited when situations occur. Slight revisions will be made and it will be moved forward to City Council next week. CITY TREASURER: 1. Treasurer's Annual Police Pension Report Treasurer Powell reported that State Statute requires this report be done in May. It is for information only and does not require a vote. Page 4 of 10 ECONOMIC DEVELOPMENT COMMITTEE: Before discussion began on these items, Mayor Prochaska stated that in the future, he wished to schedule only two committee reports on each C.O.W. agenda. When items are postponed to another C.O.W. meeting, the committee must keep the proper date in mind. Alderman James suggested that department heads only need to attend the C.O.W. with respect to their individual committees. Public Safety and EDC will be scheduled for the first C.O.W., while Public Works and Administration will be on the second C.O.W. agenda. This procedure will begin on June 7th and Alderman Munns suggested placing this information on the meeting calendar as a reminder. 1. Lincoln Prairie Yorkville Annexation Agreement— COW 5/3/05 Attorney Wyeth reminded the committee that the hunting clause and reverter clause were removed from this agreement per an earlier suggestion from the committee. There was a brief discussion to clarify some items and it was noted that the petitioner approves of the revisions as requested. Mayor requested that a set of signed documents be finished by next Tuesday. 2. Aspen Ridge Estates Annexation Agreement This is the first time this agreement has been brought to C.O.W. This is a 125-acre property with 273 lots. Attorney David Meek then spoke about the park and trail in this development. He added that revisions would be made to the agreement. The Mayor said the Grande Reserve agreement should be emulated as a model and he recommended this agreement should come back to a future C.O.W. Alderman Leslie questioned the land amount for the trail (page 8) and if it was contiguous with other properties. It is part of a trail system according to Parks Director Laura Brown and other contiguous land developers have agreed to this trail system as well. Mayor Prochaska said he thought the issue of the roadways had not been addressed yet,however, Mr. Meek said they had contributed $15,000 to a traffic study in this area to determine what improvements are needed. Modifications will be incorporated into the agreement. 3. Amendment to Parking Ordinance— COW 5/3/05 &EDC 4/21/05 There will be a Public Hearing on June 8th regarding the standard width of parking lane spaces. Notification of the Public Hearing will be forthcoming. 4. Amendment to B-3 Zoning District Regarding Mini-Warehouse Storage-COW 5/3/05&EDC 4/21/05 A Public Hearing will be held regarding proposed zoning text amendment. Alderman James asked if small parking lots such as Blockbuster would be reviewed. Parking measurements will be verified with Anna Kurtzman. Page 5 of 10 PARK BOARD: 1. Acceptance of Cannonball Park OSLAD Grant This grant is for$128,000 with the same contribution by the Park District for a budget of$256,000. This moves to City Council consent agenda. 2. Grande Reserve Park E—Request to Name as Rotary Park The Park Board accepted a request by the Rotary Club to name the park"Rotary Park" and it was requested that the City Council approve that name. Ms. Brown stated that the group also wished to hold an annual event at that location. Ms. Dubajic added that the Club has already purchased park benches and they also wish to raise funds for an electronic scoreboard for the baseball field. Additional trees, benches and other amenities will be purchased as well, to raise awareness of the Rotary Club. Alderman Besco questioned if the park name could be Rotary Club Park. This moves to consent agenda. PUBLIC WORKS COMMITTEE: 1. Southwest Interceptor—Illinois Railnet License Agreement—COW 5/3/05 & PW 4/25/05 This item was tabled to wait for some necessary documents. 2. Landscape Irrigation Policy— COW 5/3/05&PW 4/25/05 Alderman Besco reported the final draft is finished and Public Works gave a positive recommendation. This policy will limit the amount of non-residential acreage that can be irrigated. This item will be placed on the City Council agenda for discussion. 3. 2005 Joint& Crack Filling Project—Bid Documents&MFT Appropriation Resolution The committee approved this yearly project to fill in the cracks in the streets. This moves to City Council consent agenda. 4. 2005 In-Town Drainage Improvements— Change Order#1 This was a change order for additional quantities of stone. This was necessary due to a storm sewer being moved slightly and due to water mains and sanitary sewers. The committee gave a positive recommendation for this order and it moves to the consent agenda. Page 6 of 10 5. Aux Sable Creek-100 Year Storm Release Rate Modification— COW 5/3/05& COW 4/6/05 This item goes to Public Hearing before the Plan Commission to change the release rate of Aux Sable Creek watershed. There will be no further action until it goes to Public Hearing. PUBLIC SAFETY COMMITTEE: 1. No Report ADMINISTRATION COMMITTEE: 1. Senior Engineering Technician Job Description —Admin 5-5-05 Alderman James reported that the committee gave a positive recommendation of the revision of this previously approved job description. A minor change was made to the education requirements. Mr. Graff reported that one technician will be promoted. There will be a 10%pay difference between the Engineering Tech and Senior Tech. Mr. Wywrot conducted a survey of other similar positions to help establish a salary range. The GED requirement was questioned by Alderman Besco and the committee suggested a minimum of a high school diploma should be required for the salary. The labor attorney will be asked to review. Alderwoman Spears asked that, in the future, the labor attorney sign these documents to verify they have reviewed them. Mr. Munns questioned if there were already 2 Senior Techs,however, the Mayor explained these were different levels. To clarify this description,Alderman James said that a paragraph had been added pertaining to education. The salary range was also in question according to Ms. Pleckham. Committee members recommended this job description be moved back to Administration for clarification. 2. Approval of Engineering Office Assistant's Degree Program Paul James explained that this tuition reimbursement request had been on hold until the tuition policy was revised. The policy has now been approved and he said the employee met the necessary qualifications. It was the opinion of Alderwoman Spears that this request was not job-related, however, Mr. James countered that even the police officers must take classes not directly related to their job. It was noted that this employee's degree would be Applied Management/Project Management. Mayor Prochaska said the question to be considered is as follows: is the degree necessary for career advancement, even though it does not appear to be directly related to their job? He said the Council had already previously approved that idea. Page 7 of 10 A previous reimbursement request was referred to by Ms. Spears. She cited the example of a new engineer who wished to pursue a degree at a cost of$30,000. She added that she felt the degree requested by the current employee does not pertain to the job. Alderman Leslie asked what the historical procedure has been and added that reimbursement cannot be applied haphazardly. Alderman James said that some employees are currently approved for reimbursement for a general studies degree and that the Council must be consistent. Alderwoman Burd reported that she had received emails and calls from residents of her ward,who feel that taxpayers should not be paying for education. She added that she is not in favor of open-ended reimbursement and she thought some situations had been approved on a committee level. It was questioned by Alderman Wolfer if there is a dollar limit on reimbursement. Administrator Graff reminded the committee that Administration committee members had recommended approval of this reimbursement, however, it was put on hold for the policy to be revised regarding retroactive payments, amount of reimbursement and terms of employment after the degree is received. It was noted that the City policy has been to allow one degree beyond what is required of the job. Since this employee has her high school diploma, Alderwoman Spears then said that this employee's next degree would be the Associate Degree that the employee has already earned. At this point, Mr. James said that all programs should then be put on hold to ensure uniform application of the rules. Ms. Burd stated that this issue had come before a previous Administration committee who did not approve of this particular reimbursement. Then,when the committee appointees changed,the issue was brought forth again. Ms. Ohare added that the reimbursement plan was approved and is in the City handbook, while Ms. Burd thought it was to be based on a case-by-case basis. Committee members then reviewed the employee's job description and it was noted that the job title is Engineering Assistant. It was also stated that a cap of$435 per class had been set. After a lengthy conversation, it was decided that the item will be moved to City Council for consideration next Tuesday. CITY COUNCIL REQUESTS: 1. Selection of Mayor Pro Tem for FY 05/06 After a brief discussion, Alderwoman Spears nominated Ms. Burd as the Mayor Pro Tern. It was seconded by Mr. Munns. A nomination was also made for Mr. James, however,he declined. This is a one-year appointment. Page 8of10 This will move to City Council for a vote and will be under"Mayor's Report". (Out of order) 3. Committee Ordinance Alderman Besco distributed a handout regarding committee structure. It was suggested that this item should be brought back to Administration and then C.O.W. after everyone has a chance to review it. Mr. Munns asked what the procedure would be if the Administration committee gave a negative recommendation on a given item. He asked if it would be dropped or if it could it be forwarded for consideration by others. It was determined that a request could be made, to place a given item on the agenda, even if it were killed at the committee level. Alderwoman Burd stated that she was upset regarding 3 aldermen/women being removed from committees without being consulted and she added that she felt questions should be allowed without fear of retribution. She stated that the newspaper said the City Council approved the committee appointments. The Mayor replied that he had asked for discussion following the appointments and that there was no discussion requested. However,Ms. Spears said she had asked for it to be tabled, via telephone. Mayor Prochaska said he tried to place the Council members on the committees of their choice where possible. After an informal poll of aldermen/women, it was decided that the issue would be brought back to C.O.W. on June 7th for further discussion. 2. Revised Budget and 4. Administrative Assistant to the City Council (these 2 items were discussed together) A proposal was made by Alderman Besco to consider reverting to a stipend for the Deputy Clerk and using those wages for the Administrative Assistant position. He suggested the Assistant could assemble the agenda packets previously done by the Deputy Clerk. Mr. James asked who the Assistant would report to and some committee members said it would be to the City Council. It was noted that the Assistant's job description had been presented to the Administration committee, however, there was no recommendation to move it forward at that time. Alderman Leslie said it would be difficult to have all the Council members supervising the Assistant position. He added that the Assistant would be ostracized because he/she reports to the Council. Mr. Besco said he disagreed because Aurora has 3 assistants at City Hall. There was a brief discussion regarding removing 1 person from the Clerk's office to become the Assistant. Another suggestion was to make the Administration Chairman the supervisor of the Assistant and all requests for research could be funneled through the Chairman. A manhour review was recommended by the Mayor. Page 9 of 10 If the Assistant position is created, it must be posted internally. The question of who would conduct the interview was also raised. It was recommended that the Job Description be reviewed again by Administration and a recommendation made. This issue will be brought back to Administration on June 2nd, for more discussion. S. Our Legal Representation Mayor Prochaska stated that Attorney Wyeth was appointed and then approved by the Council to fulfill the term of Dan Kramer. The Mayor said an evaluation is being done to determine the hours worked by the attorney to determine if a full time position is needed. Currently, Mr. Wyeth works at least 20 hours on City business and some legal work is still being done by other attorneys. A handout was distributed by Alderwoman Burd that suggested hiring a legislative attorney. She said other municipalities have done this on occasion. Some of those costs could be capped at $5,000 annually for the first year to determine the value. Mr. Munns calculated that this would represent 33 hours of legal advice. This Attorney would be used on as-needed basis to assist the Council with any issues they have. Mayor Prochaska responded by saying that the City Attorney is hired to represent the City, not just the Mayor. He asked if the Council members would seek another opinion if they did not agree with the legal advice. Alderwoman Spears said she often consults the States Attorney for legal advice and concurred with Ms. Burd's recommendation. Mayor Prochaska said that the City does use other attorneys for certain issues. He asked why the Council needs an additional law firm and suggested there might be a trust issue. The Illinois Municipal League (IML) was suggested as a possible legal alternative and a representative from IML(Derke Price) was present at this meeting. Ms. Burd stated that she feels that the City Attorney is often viewed as the Mayor's Attorney and does not believe that legal advice is always in the best interest of the City Council. She said that while the handbook was being written, she often felt the Council was losing power. Mayor Prochaska told Ms. Burd that they all must do what is in the best interest of the City. The amount of the legal budget was questioned by Alderman Munns. It is about $35,000. Ms. Spears said from May 2003 to July 2004, approximately$146,000 was spent on legal fees. She requested a copy of a year of invoices of attorney fees, that are not part of accounts receivable and those that are. She would like to see it split on that list. It was stated that she could review the legal fees on the bill list. Ms. Spears thought that another legal firm should be retained as a safety net for the Council. The Mayor said that the Statute will be reviewed regarding this issue. Page 10 of 10 After a lengthy discussion, Mayor Prochaska asked each committee member if they felt this matter should be brought back to a future C.O.W. After an informal vote, it was decided it will be discussed again at a future C.O.W. meeting. ADDITIONAL BUSINESS: Alderwoman Ohare read a statement she had written in response to an article in the Beacon News dated May 17, 2005..(Article and statement attached as part of official minutes). Administrator Graff stated Phase 2 has begun on the FS Brownfield project. There was no further business and the meeting was adjourned at 10:13pm. Minutes respectfully submitted By Marlys Young, Minute Taker