City Council Minutes 2003 09-23-03 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE UNITED CITY OF YORKVILLE. KENDALL COUNTY. ILLINOIS,
HELD IN THE BEECHER COMMUNITY BUILDING..
AUSTIN ROOM, 908 GAME FARM ROAD,
ON TUESDAY, SEPTEMBER 23, 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.
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Ward I James Present
Sticka Present
Ward H Burd Present
Kot Present
Ward 111 Munns Present
Ohare Present
Ward IV Besco Present
Spears Present
Also present: City Clerk Milschewski, City Treasurer Powell, City Administrator Graff, City
Attorney Kelly Kramer, Police Chief Martin, Director of Public Works Eric Dhuse, Executive
Director of Parks & Recreation Laura Brown and Finance Director Pleckham.
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 THE AGENDA
Alderwoman Spears asked to remove item #4 — Certificate of Occupancy — Site Inspection Form
from the consent agenda and place it on the regular agenda under the Public Works Committee
Report.
Alderman Besco asked that item #3 - Human Resource Committee- Approval of List of Historical
Street Names be removed from the consent agenda and tabled to the October 14, 2003 City
Council meeting.
Mayor Prochaska tabled item #1 — Greismann Easement under the Public Works Committee
Report until the easement agreement is signed.
COMMITTEE MEETING DATES
Public Works Committee 7:00 P.M., Monday, October 27, 2003
City of Yorkville Conference Room
800 Game Farm Road
Economic Development Committee 7:00 P.M., Monday, October 16, 2003
City of Yorkville Conference Room
800 Game Farm Road
Administration Committee 7:00 P.M., Thursday, October 9, 2003
City of Yorkville Conference Room
- -- 800 Game Farm Road Cancelled
Public Safety Committee 6:30 P.M., Thursday, September 25, 2003 (Cancelled)
6:30 P.M., Thursday, October 23, 2003
City of Yorkville Conference Room
800 Game Farm Road
Ad Hoc Technology Committee To be announced after documentation is received from
Finance Director Traci Pleckham
Ad Hoc Tourism Committee 6:30 P.M., Monday, October 20, 3003
City of Yorkville Conference Room
800 Game Farm Road
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The Minutes of the Reeular Meeting of the Citv Council – September 23, 2003 - Daee 2
PUBLIC HEARINGS
PC 2003 -14 Go -Tape Service Station, Inc.
Mayor Prochaska entertained a motion to go into public hearing for PC 2003 -14 Go -Tane Service
Stations, Inc., petitioner, has filed an application with the United City of Yorkville, Kendall
County, Illinois requesting annexation to the United City of Yorkville and rezoning from Kendall
County A -I Agricultural to United City of Yorkville B -3 Service Business District. The real
property consists of approximately 2.14 acres east of Route 47 and 425.04 feet south of Route 34,
— Bristol Township, Kendall County, Illinois. So moved by Alderman Sticka; seconded by
Alderman James.
Motion approved by a roll call vote. Ayes -8 Nays -0
Besco -aye, Burd -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.
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Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman
Besco; seconded by Alderman Munns.
Motion approved by a roll call vote. Ayes -8 Nays -0
Burd -aye, James -aye, Kot -aye, Munns -aye,
Ohare -aye, Spears -aye, Sticka -aye, Besco -aye
CITIZEN COMMENTS
None.
PRESENTATIONS
None.
CONSENT AGENDA
1. Resolution 2003 -38 – Resolution Approving Heartland Circle Final Plat – authorize
Mayor and City Clerk to execute
2. IMLRMA Revised Intergovernmental Contract and By -Laws - authorize Mayor and
City Clerk to execute
3. New Sergeant's Position Request – effective on or about December 1, 2003
4. Ordinance 2003 -64 – Amending City Code to Allow Telephone Conference Voting
by Alderman - authorize Mayor and City Clerk to execute
Mayor Prochaska entertained a motion to approve the Consent Agenda as corrected. So moved
by Alderman Sticka; seconded by Alderwoman Burd.
Motion approved by a roll call vote. Ayes -8 Nays -0
Burd -aye, 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 August 26, 2003; seconded by Alderwoman Burd.
Alderwoman Spears noted corrections on page 2, the 7th bulleted paragraph – "Police" should be
"Policy" and on page 5, 6` line from the bottom – "regarding" should be "the requested ".
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Mayor Prochaska asked that the minutes be approved as corrected.
Motion approved by a viva voce vote.
A motion was made by Alderwoman Spears to approve the minutes of the Committee of the
Whole meeting from August 5, 2003; seconded by Alderwoman Burd.
Motion approved by a viva voce vote.
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The Minutes of the Regular Meeting of the Citv Council - September 23, 2003 - Dage 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 September 18, 2003 totaling the following amounts: checks in the
amount of $678,207.72 (vendor) and $122,594.94 (payroll period ending 09/08/03) for a total of
$800,802.66; seconded by Alderman Sticka.
Alderwoman Spears asked what was the percentage of the budget at this time. Finance Director
Traci Pleckham stated it was 33 %. Alderwoman Spears asked if this could be noted on the Board
Report and Mrs. Pleckham stated it would be hard to include this in the report however it was
listed on the Budget Report.
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Alderwoman Burd questioned the following expenditures:
• Copier maintenance - Mrs. Pleckham explained that the expenditure was the lease cost
for the new copiers which is paid to a lease company used by Kopy Kat Copier.
• Steven's Silkscreening — Administrator Graff explained that this was for three shirts he
ordered. Alderwoman Spears suggested a hold be placed on this type of purchase until a
policy is developed. Mayor Prochaska noted that this is a budgeted item however the
Council could vote to put a hold on it. There was further discussion concerning this
budget item.
Motion approved by a roll call vote. Ayes -7 Nays -1
Besco -aye, Burd -aye, James -aye, Kot -aye,
Munns -aye, Spears -nay, Sticka -aye, Ohare -aye
REPORTS
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MAYOR'S REPORT
IDNR Meeting
Mayor Prochaska reported that the Illinois Department of Natural Resources is holding a meeting
on October 2, 2003. They will be presenting ideas for the Glen Palmer dam redevelopment. The
meeting will be from 4:00 to 7:00 P.M. at the Historic Courthouse and will be an open house
format. He noted that he asked for an update of the draft report for the Council to review but has
not received it yet. He stated that in his last discussion with the IDNR, they were going forward
with the idea for a four step dam however the pools and rapids would be developed later as
funding becomes available. Mayor Prochaska stated he was unable to attend the meeting so he
encouraged other members of the Council to attend.
ATTORNEY'S REPORT
No report.
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CITY CLERK'S REPORT
Clerk Milschewski reported that the Rural Bond Bank Certificate Ordinance passed on August
26, 2003 requires that the City Clerk make available to all members of the City Council a
Certificate Order (see attached) at the first regularly scheduled meeting of the Council following
the execution of the Order. The Certificate of Order specifies rates and the terms of the bond and
was in the Council's information packet for the meeting and it is also available in the Clerk's
office. No City Council approval is needed.
CITY TREASURER'S REPORT
No report.
CITY ADMINISTATOR'S REPORT
Mr. Graff distributed a copy of a report dated September 23, 2003 in which he covered the City
Hall/Police Build Out and the Special Census Update. He went over the report:
• City Hall/Police Build Out
o Building, Engineering and Police Department will move to lower level on
September 25, 2003 after the phone lines and computer cables are installed.
o The reception area will move temporarily to the City Council Chamber.
o The Mayor's office will be vacated; Mrs. Pleckham will move into this office
and Water Billing Clerk Judy Dyon will move temporarily into Mrs. Pleckham's
old space.
o Office furniture is set for delivery on October 13, 2003.
• Special Census Update
o Notification to prepare for the census has been received. The City will be
responsible to advertise, distribute and collect applications for remunerators and
prepare a site to house the coordinator and operations.
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The Minutes of the Regular Meeting of the Citv Council — September 23, 2003 - 1Da2e 4
• The engineering assistant position interviews and testing have been completed and
Jennifer Woodrick has been approved for the position.
• The office time study will begin after the move of departments to the lower level or on
September 29, 2003.
• The Employee Assistance Program coordinator will attend the next Administration
Committee meeting to discuss services available to the City and the suggestion box.
• The engineers have approved the Grande Reserve grading permit for 700 acres.
Groundwork should begin next week.
• City Planner Mike Schoppe will be working with School Superintendent Dr. Engler to
incorporate future school sites within the current land use plan. He is also working with
the Bristol - Kendal Fire District addressing future sites for sire stations.
Alderwoman Ohare asked Mr. Graff if the main construction was done other than the Council
Chambers and he stated that most of it was completed in the lower level with only some small
items needed to be addressed. She asked if they were done with all the doors and windows and he
stated that this was finished. P
Alderwoman Spears asked when the Engineering Assistant's position was effective and Mr. Graff
stated it was effective as of September 29, 2003 and there was a thirty day waiting period for
insurance to be activated.
FINANCE DIRECTOR'S REPORT
Signature Card
Mrs. Pleckham reported that a signature card for the account needed for Bruell Street Project was
being circulated. She indicated that the bonds will be closing tomorrow. Treasurer Powell
reminded the Council members to reference their birth date along with their signature.
IEPA Loan
Mrs. Pleckham reported that the City may be able to receive a loan from the Illinois
Environmental Protection Agency instead of through an alternate revenue bond. The interest rate
for a twenty -year IEPA loan is 2.65% which is significantly less than the interest on the alternate
revenue bonds. She stated that she would keep the Council advised as to the outcome of this.
CHIEF OF POLICE REPORT
No report.
DIRECTOR OF PUBLIC WORKS REPORT
North Water Tower
Mr. Dhuse reported that the painting of the north water tower is almost complete and the City
logo should be painted on it next week.
Liberty and Mill Street Projects
Mr. Dhuse reported that the main trunk lines have been completed on the Liberty and Mill Street
Projects. Chlorination, pressure testing and connecting to the existing system are now being
worked on.
Watermain Break
Mr. Dhuse reported that there was a watermain break on Sunset Avenue. The break took longer
than usual to repair due to the depth of the main. Alderman Sticka inquired about the Van
Emmon Street excavation and Mr. Dhuse explained that this was part of the Mill Street project.
The excavation is needed to get the line under Route 47.
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EXECUTIVE DIRECTOR OF PARKS & RECREATION REPORT
Safety Instructors Course
Ms. Brown reported that two Park and Recreation employees will be attending an Illinois Park
and Recreation Playground Safety Inspector Class. Upon completion they will be certified
playground safety inspectors for all of the City's playgrounds.
Grande Reserve Parks
Ms. Brown reported that Parks and Recreation will be working with Grande Reserve on park
development. She stated that this will come before the Council at a later date.
COMMUNITY & LIAISON REPORT
Kendall County Senior Providers
Alderwoman Spears reported she attended the Kendall County Senior Providers meeting where
they discussed:
• A Senior's Scholars Program sponsored by the University of Illinois Extension Office
which will offer non - credited classes to seniors. The committee discussed identifying
topics older adults might be interested in.
• Low Income Home Energy Assistance Program — more information regarding this will
be in the City's next newsletter.
The Minutes of the Regular Meeting of the City Council – Seutember 23, 2003 - Aage 5
• Heart -to -Heart Program – they are looking for volunteers to develop one -on -one
relationships with seniors in the area. There is training for the program.
Park Board
Alderman James reported that he attended the Park Board meeting where they discussed:
• A concept plan for a park in Country Hills Subdivision. The subdivision was started
about eight years ago and the park was to be developed when it was at 60 or 70% of build
out. The subdivision is not at this point however the residents have requested a park.
- The concept plan will be presented at the next COW meeting. Ms. Brown added that
there will also be public hearings at the site of the park in order to get community
feedback. This information will be brought to the City Council. The park is projected for
spring of 2004.
• Yorkville Youth Baseball Update. There were 753 participants in the program last
season, next years projection is 900 -1000 participants and the projection for the year
2006 is 2200 -2500 participants. Also discussed was the need for thirteen volunteers for
next season, status of the concession stand at Beecher Park, the development of new
parks, the loss of fields at Circle Center Intermediate School, Bristol Grade School and
Parkview Academy and the possibility of lights being installed at Beecher Park.
Mayor Prochaska commented that the Park Board and Youth Baseball are frustrated with the lack
of parks and the increase of children in the area. He noted that he has discussed new parks with
the Park Board so their concerns are being addressed and he also noted that the issue of lights at
the Beecher Center has been discussed for many years now.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
Greismann Easement
(Bruell Street Lift Station Sanitary Sewer Easement)
A motion was made by Alderman Besco to table the Grant of Permanent Water System Easement
— and Temporary Construction Easement until there is a signed agreement with the Greismanns;
seconded by Alderman Sticka.
Motion approved by a roll call vote. Ayes -8 Nays -0
Sticka -aye, Besco -aye, Burd -aye, James -aye,
Kot -aye, Munns -aye, Ohare -aye, Spears -aye
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South Water Tower Easement Plat
A motion was made by Alderman Besco to approve and accept the Grant of Permanent Water
System Easement and Temporary Construction Easement to the United City of Yorkville from
Wyndham Deerpoint and Creek Partners L.L.C. and to authorize the Mayor and City Clerk to
sign the easement plat; seconded by Alderman James.
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Mayor Prochaska noted that this is for the water tower at the school/park site in the Raintree
Village development.
Motion approved by a roll call vote. Ayes -8 Nays -0
Besco -aye, Burd -aye, James -aye, Kot -aye,
Munns -aye, Ohare -aye, Spears -aye, Sticka -aye
Certificate of Occupancy – Site Inspection Form
A motion was made by Alderman Besco to table the Certificate of Occupancy due to the lack of a
final draft for review.
Attorney Kelly Kramer stated that the form has been reviewed by the attorneys and it was
suggested to add a provision stating that if items could not be inspected due to an impossibility
such as weather that the City would reserve the right to inspect those items at a later date.
Alderman Besco stated that he would be more comfortable tabling the item.
A motion was made by Alderman Besco to table the Certificate of Occupancy until the October
14, 2003 City Council meeting; seconded by Alderman Munns.
Motion approved by a roll call vote. Ayes -8 Nays -0
Kot -aye, Munns -aye, Ohare -aye, Spears -aye,
Sticka -aye, Besco -aye, Burd -aye, James -aye
The Minutes of the Regular Meeting of the Citv Council - September 23, 2003 - page 6
ECONOMIC DEVELOPMENT COMMITTEE REPORT
PC 2002 -06 Menard's Residential Preliminary Plan
A motion was made by Alderman Sticka to approve PC 2002 -06 Menard's Residential for
annexation and zoning B -3 Service Business Service District, now kno as -Dry �•
Subdivision Preliminary Plan subject to staff review and approval; seconded by Alderman James.
Attorney Kramer stated that Alderman Sticka combined two motions as
this Preliminary Plan.
- Alderman James withdrew his second.
Alderman Sticka withdrew his motion.
A motion was made by PP Alderman Sticka to approve PC 2002 -06 Menard's Residential known as
Prairie Meadows Subdivision Preliminary Plan subject to staff review and approval; seconded by
Alderman James.
Alderman Sticka noted that both Zoning Coordinate Anna Kurtzman and City Engineer Joe
Wywrot recommended approval of this plan subject to their review.
Attorney Kramer noted that many of the items in question in the agreement are Scrivener's errors
and do not change the PUD agreement. She also noted that the subdivision will be renamed
Prairie Meadows so there will be a future ordinance to do this.
Motion approved by a roll call vote. Ayes -8 Nays -0
Burd -aye, James -aye, Kot -aye, Munns -aye,
Ohare -aye, Spears -aye, Sticka -aye, Besco -aye
(Ordinance) 2003 -65 PC 2003 -14 Go -Tane Service Stations, Inc.
Annexation & Zoning — B -3 Service Business District
A motion was made by Alderman Sticka to approve PC 2003 -14 Go -Tane Service Stations, Inc.
annexation and rezoning to B -3 Service Business District; seconded by Alderman James.
Mayor Prochaska noted that usually the City Council does not vote an item the same night there
is a public hearing for it however this annexation was initiated by the City. There were no public
comments regarding the annexation so he asked the Council to consider it for approval.
Motion approved by a roll call vote. Ayes -8 Nays -0
James -aye, Kot -aye, Munns -aye, Ohare -aye,
Spears -aye Sticka -aye, Besco -aye, Burd -aye,
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
No report.
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ADDITIONAL BUSINESS
None.
EXECUTIVE SESSION
Mayor Prochaska entertained a motion to go into Executive Session the purchase or lease of real
property for the use of the public body and the purpose of discussing litigation against, affecting
or on behalf of the public body.
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He asked that the City Clerk, City Treasurer, City Administrator, Executive Director of Parks &
Recreation and City Attorney to be included in the session. So moved by Alderman Besco;
seconded by Alderman Munns.
Motion approved by a roll call vote. Ayes -8 Nays -0
Ohare -aye, Besco -aye, Burd -aye, James -aye,
Kot -aye, Munns -aye, Spears -aye, Sticka -aye
Mayor Prochaska noted that there would be no action taken after the session
The regular session broke at 7:50 P.M. The Council took a five minute break.
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The Minutes of the Regular Meeting of the Citv Council - September 23, 2003 - page 7
The City Council returned to regular session at 8:55 P.M.
ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn. So moved by Alderwoman Ohare; seconded
by Alderwoman Spears.
Motion approved by a viva voce vote.
Meeting adjourned at 8:56 P.M.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville, Illinois
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STATE OF ILLINOIS )
SS:
COUNTY OF KENDALL )
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BEFORE THE YORKVILLE CITY COUNCIL
PUBLIC HEARING
PC 2003 -14 GO -TANE SERVICE STATIONS, INC.
REPORT OF PROCEEDINGS had and testimony
taken at the hearing of the above - entitled matter,
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taken before Nicola Gengler, C.S.R., No. 84 -3780, on
September 23, 2003, at the hour of 7:00 p.m., at
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908 Game Farm Road, Yorkville, Illinois.
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D- 672403
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REPO • 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 (Whereupon proceedings were
3 MR. WILLIAM POWELL, City Treasurer; 3 then had which are not
4 MR. ANTON GRAFF, City Administrator; 4 herein transcribed.)
5 MS. JACRIE mnsa-IEWSKI, City Clerk; 5 MAYOR PROCHASKA: Motion is carried. We
6 MR. JOSEPH BESCO, Alderman; 6 are now in public hearing.
7 MS. VALERIE BURR, Alderwo an; 7 Is there anyone representing Go -Tane
8 MR. PAUL JAMES, Alderman; 8 here this evening?
9 MR. LARRY KOT, Alderman; 9 MR. GRAFF: The actual owner of the
10 MR. MARTY MUNNIS, Alderman; 10 property is Don Adamcyk. This is a friendly annexation
11 MS. WANDA OHARE, Alderwoman; 11 encouraged by the City.
I 12 MR. RICHARD STICKA, Alderman; 12 I do know that the contract
13 MS. ROSE SPEARS, Alderwoman; 13 purchaser's attorney is here.
14 and 14 MR. JOYNER: Wade Joyner on behalf of the
15 LAW OFFICES OF DANIEL J. KRAMER 15 contract purchaser. I don't have anything to add.
1107A South Bridge Street
16 Yorkville, Illinois 60560 16 MAYOR PROCHASKA-. Okay. Just to kind of
BY: MS. KELLY KRAMER,
17 appeared on behalf of The United City of 17 bring everybody up to speed, this is a piece of
Yorkville.
18 18 property that is not the piece right at the corner. It
19 19 is just behind actually the Mobile station, between the
20 20 Mobile and the parking lot for the strip center there,
21 21 the Tucker Development.
22 22 This is a piece of property the City
23 23 did have discussions with Mr. Adamcyk about friendly
24 24 annexation into the City. The whole area around there
DepoCourt Reporting Service (630) 983 -0030 DepoCourt Reporting Service (630) 983 -0030
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1 is zoned B -3. The zoning that is being requested is 1 MR. MUNNS: Aye.
2 concurrent with what is in the area right around it. 2 MS. MIISCHEWSKI: Ohare?
3 So I don't know if there is anymore 3 MS. OHARE: Aye.
4 to say on that. I would open the floor to anyone in 4 MS. MILSCHEWSKI: Spears?
5 the audience that would like to address the Council on 5 MS. SPEARS: Aye.
6 this issue.
6 MS. MIISCHEWSKI: Sticka?
7 (NO response.) 7 MR. STICKA: Aye.
8 MAYOR PROCHASKA: Hearing no comment, I 8 MS. MILSCHEWSKI: Besco?
9 would ask is there any comment from the City Council 9 MR. BESCO: Aye.
10 members? 10 MAYOR PROCHASKA: Motion is carried.
11 (No response.) 11 (Whereupon proceedings were
12 MAYOR PROCHA.SKA: At this time, I would 12 then had which are not
13 entertain a motion to close the public hearing. 13 herein transcribed.)
14 MR. BESCO: So moved. 14
15 MR. MLRW : Second. 15
16 MAYOR PROCHASKA: Moved and seconded. 16
17 May we have roll call, please. 17
18 MS. MILSCHEWSKI: Burd? is
19 MS. BURR: Aye. 19
20 MS. MILSCHEWSKI: James? 20
21 MR. JAMES: Aye. 21
22 MS. MILSCHEWSKI: Kot? 22
23 MR. HOT: Aye. 23
24 MS. MILSCHE'WSKI: Munn? 24
DepoCburt Reporting Service (630) 983 -0030 DepoCourt Reporting Service (630) 983 -0030
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1 STATE OF ILLINOIS )
SS.
2 COUNTY OF KENDALL )
3 I, Nicola Gengler, C.S.R., No. 84 -3780, do
4 hereby certify that the proceedings had in the
5 above - entitled cause were recorded stenographically by
6 me and reduced to typewriting via computer -aided
7 transcription under my personal direction; and that the
8 foregoing is a true and correct transcript of the
9 proceedings had at the time and place previously
10 specified.
11 IN WITNESS WHEREOF I have hereunto set my
12 hand this 1st day of October, 2003.
13 r14
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DepoCourt Reporting Service (630) 983 -0030
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YORK923.TXT Page 1
- ----- ----- ---- --- --- --- -- comment 4:8,9 --- ------- ----- ----- - - - --- speed 3:17
* computer -aided 6:6 M SS 1:3.5; 6:1.5
-------------------------- concurrent 4:2 -------------------------- STATE 1:3; 6:1
* 5:14 contract 3:12,15 MARTY 2:10 station 3:19
-------------------- - - - - -- corner 3:18 matter 1:11 STATIONS 1:8
1 correct 6:8 MAYOR 2:2; 3:5,16; 4:8,12, stenographically 6:5
-------------------- - - - - -- COUNCIL 1:6; 4:5,9 16; 5:10 STICKA 2:12; 5:6,7
1107A 2:15.5 COUNTY 1:4; 6:2 members 4:10 Street 2:15.5
lot 6:12 -------------------- - - - - -- MILSCHEWSKI 2:5; 4:18,20, strip 3:20
---------------- ------ - - -- D 22,24; 5 :2,4,6,8
--------------------------
2 ------------ - - - - -- Mobile 3:19,20 I T
D- 672403 1:17 motion 3:5; 4:13; 5:10 --------------------------
2003 1:13; 6:12 DANIEL 2:15 moved 4:14,16 testimony 1:10
2003 -14 1:8 day 6:12 MS. 2:5,7,11,13,16.5; transcribed 3:4; 5:13
23 1:13 Development 3:21 4:18,19,20,22,24; 5:2,3, transcript 6:8
-------------------- - - - - -- direction 6:7 4,5,6,8 transcription 6:7
6 discussions 3:23 MUNNS 2:10; 4:15,24; 5:1 Treasurer 2:3
-------------------------- Don 3:10 ------ ---------- ---------- true 6:8
60560 2:16 -------------------- - - - - -- N Tucker 3:21
--- -------- -- ------ - - -- - -- E --- -- --- --------- ------ - -- typewriting 6:6
7 -------------------- - - - - -- Nicola 1:12; 6:3,14.5
-------------------- - - - - -- encouraged 3:11 No. 1:12; 6:3 U
7:00 1:13 entertain 4:13
---------- ------ ---------- --------------------------
-------------------- - - - - -- evening 3:8 O under 6:7
8 everybody 3:17 -------------------- - - - - -- United 2:17
-------------------------- -------- -- ----- ------ ----- October 6:12 up 3:17
84 -3780 1:12; 6:3 F OFFICES 2:15 --------------------------
-------------------------- ---------------- ---- ------ OHARR 2:11; 5:2,3 V
9 Farm 1:14 Okay 3:16 --------------------------
-------------------- - - - - -- floor 4:4 open 4:4 VALERIE 2:7
908 1:14 foregoing 6:8 owner 3:9 via 6:6
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friendly 3:10,23 --------------- ----- ------ --------------------------
A ------------------ -------- P W
-------- ------------------ G ------------- -- ------- - --- --------------------------
above- entitled 1:11; 6:5 -------------------- - - - - -- p.m. 1:13 Wade 3:14
actual 3:9 Game 1:14 parking 3:20 WANDA 2:11
actually 3:19 Gengler 1:12; 6:3,14.5 PAUL 2:8 WHEREOF 6:11
Adamcyk 3:10,23 GO -TANS 1:8; 3:7 PC 1:8 Whereupon 3:2; 5:11
add 3:15 GRAFF 2:4; 3:9 personal 6:7 whole 3:24
address 4:5 -------------------- - - - - -- piece 3:17,18,22 WILLIAM 2:3
Administrator 2:4 H place 6:9 WITNESS 6:11
Alderman 2:6,8,9,10,12 ------------- ------------- please 4:17 --------------------------
Alderwoman 2:7,11,13 hand 6:12 Pledge 3:1 Y
Allegiance 3:1 hearing 1:7,11; 3:6; 4:8, POWELL 2:3 --------------------------
annexation 3:10,24 13 PRESENT 2:1 YORKVILLE 1:6,14; 2:16,
ANION 2:4 hereby 6:4 previously 6:9 17.5
appeared 2:17 herein 3:4; 5:13 proceedings 1:10; 3:2; --------------------------
area 3:24; 4:2 hereunto 6:11 5:11; 6:4,9 Z
around 3:24; 4:2 hour 1:13 PROCHASKA 2:2; 3:5,16; --------------------------
ARTHUR 2:2 -------------------- - - - - -- 4:8,12,16; 5:10 zoned 4:1
audience 4:5 I property 3:10,18,22 zoning 4:1
Aye 4:19,21,23; 5:1,3,5,7, --- - - - - ----- -- - -- -- - - - - -- public 1:7; 3:6; 4:13 --------------------------
9 ILLINOIS 1:3,14; 2:16; 6:1 purchaser 3:15 _
-------------------- - - - - -- INC 1:8 purchaser's 3:13
B issue 4:6 ---- ---------------------- -
-- ------ ----- ------------- - --- ---------- ------ ------ R 6:14
B -3 4:1 J --------------------------
behalf 2:17; 3:14 -------------------- - - - - -- recorded 6:5
behind 3:19 JACKIE 2:5 reduced 6:6
BESCO 2:6; 4:14; 5:8,9 JAMES 2:8; 4:20,21 REPORT 1:10
between 3:19 JOSEPH 2:6 representing 3:7
Bridge 2:15.5 JOYNER 3:14 requested 4:1
bring 3:17 -------------------- - - - - -- response 4:7,11
BURD 2:7; 4:18,19 K RICHARD 2:12
------- ------------------- ----------------------- --- Road 1:14
C KELLY 2:16.5 roll 4:17
-------------------- - - - - -- KENDALL 1:4; 6:2 ROSE 2:13
C.S.R 6:14.5 kind 3:16 --------------------------
C.S.R. 1:12; 6:3 ROT 2:9; 4:22,23 S
call 4:17 KRAMER 2:15,16.5 --------------------------
carried 3:5; 5:10 -------------------- - - - - -- Second 4:15
cause 6:5 L seconded 4:16
center 3:20 -------------------- - - - - -- September 1:13
certify 6:4 LARRY 2:9 SERVICE 1:8
CITY 1:6; 2:3,4,5,17; LAW 2:15 set 6:11
3:11,22,24; 4:9 lot 3:20 South 2:15.5
Clerk 2:5 SPEARS 2:13; 5:4,5
close 4:13 specified 6:10
STATE OF ILLINOIS )
SS
COUNTY OF KENDALL )
CERTIFICATE ORDER
TO: THE CITY COUNCIL OF THE UNITED CITY OF YORKvILLE,
_ KENDALL COUNTY, ILLINOIS (THE "CITY "):
I
We are pleased to advise you as follows:
A. Sale. We are executing this Certificate Order pursuant to the authority contained in
an ordinance adopted on August 26, 2003, by the City Council of the City (the "Certificate
Ordinance ") (terms used herein shall have the meanings given to them in the Certificate
Ordinance unless otherwise defined herein), and being entitled:
AN ORDINANCE of the United City of Yorkville, Kendall County,
Illinois, authorizing and providing for an Installment Purchase
Agreement for the purpose of paying the cost of acquiring and
installing sewer improvements within the City (Bruell Street Sewer
Project), and authorizing and providing for the issue of $2,035,000
Debt Certificates, Series 2003A, evidencing the rights to payment
under such Agreement, prescribing the details of the Agreement
and Certificates, and providing for the security for and means of
payment under the Agreement of the Certificates.
A contract for the purchase of the Certificates to the amount of $2,035,000 has been awarded by
us, as the Designated Officers under the Certificate Ordinance, to the Illinois Rural Bond Bank,
Springfield, Illinois (the "Purchaser"), at a price of $2,002,440, plus accrued interest to the date
of delivery of the Certificates. This Certificate Order shall be entered into the records of the City
and made available to the City Council at the next regularly scheduled meeting thereof.
1550010.01.07
2110781 • KK •9/5/03
I
B. Terms. The terms of the Certificates are fair and reasonable in view of current
conditions in the certificate market. The Certificates shall be dated September 1, 2003 and shall
be due serially on February 1 of the years, in the amounts and bearing interest as follows:
YEAR OF MATURITY PRINCIPAL AMOUNT RATE OF INTEREST
2005 $80,000 1.60%
2006 80,000 2.05%
2007 80,000 2.50%
2008 80,000 2.90%
2009 85,000 3.25%
2010 85,000 3.60%
2011 90,000 3.90%
2012 95,000 4.10%
2013 100,000 4.20%
2014 100,000 4.40%
2015 105,000 4.55%
2016 110,000 4.65%
2017 115,000 4.75%
2018 120,000 5.05%
2019 130,000 5.05%
2020 135,000 5.05%
2021 140,000 5.10%
2022 150,000 5.10%
2023 155,000 5.20%
We hereby expressly find and determine that no Certificate bears interest at a rate in excess of
eight and seventy -five hundredths percent (8.75%) per annum as required under the Certificate
Ordinance.
Interest on the Certificates shall be payable on February 1 and August 1 commencing
February 1, 2004, principal on the Certificates shall be payable on February 1 commencing
February 1, 2005, and shall be paid as set forth in the Certificate Ordinance, except that, during
any period that the Purchaser, or U.S. Bank National Association, St. Louis, Missouri (the
"Paying Agent "), as trustee for the Purchaser, is the registered owner of all or any part of the
Certificates outstanding, immediately available funds for each of the principal of, premium, if
any, and interest on the Certificates shall be available at the principal corporate trust office of the
-2-
Paying Agent not later than five (5) days prior to each such principal, premium, if any, and
interest payment date.
C. Redemption. The Certificates due February 1, 2014, and thereafter are subject to
redemption prior to maturity at the option of the City, from any available funds, in whole or in
part on any interest payment date on or after February 1, 2013 at the redemption price of par plus
accrued interest to the redemption date.
D. No Conflicts. Please be further advised that we hereby affirm that no person
holding any office of the City either by election or appointment, is in any manner financially
interested, either directly in his or her own name or indirectly in the name of any other person,
associate, trust or corporation, in the certificate purchase contract with the Purchaser.
IN WITNESS WHEREOF, we have hereunto affixed our official signatures and the
corporate seal of the City this 4th day of September, 2003.
Mayor
le
k i d,.
City Treasurer
[SEAL]
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ACKNOWLEDGMENT OF FILING
Filed in the office of the City Clerk of the City of Yorkville, Kendall County, Illinois this
4th day of September, 2003.
ler
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STATE OF ILLINOIS )
SS
{ COUNTY OF KENDALL )
AVAILABILITY OF CERTIFICATE ORDER
I the undersigned, do hereby certify that I am the duly qualified and acting
g y fy y q Cary Clerk of
the United City of Yorkville, Kendall County, Illinois (the "City"), and as such official I am the
keeper of the official journal of proceedings, books, records, minutes and files of the City
Council of the City thereof (the "City Council ").
I do further certify that I made or will make available to all members of the City Council
a Certificate Order, as such term is defined in an ordinance entitled:
AN ORDINANCE of the United City of Yorkville, Kendall County,
Illinois, authorizing and providing for an Installment Purchase
Agreement for the purpose of paying the cost of acquiring and
installing sewer improvements within the City (Bruell Street Sewer
Project), and authorizing and providing for the issue of $2,035,000
Debt Certificates, Series 2003A, evidencing the rights to payment
under such Agreement, prescribing the details of the Agreement
and Certificates, and providing for the security for and means of
payment under the Agreement of the Certificates.
at the public meeting of the City Council held on the c day Q= 1 2003, being the
first regularly scheduled meeting of the City Council following the execution of the Certificate
Order. I do further certify that the Certificate Order is responsive to such ordinance and that a
true, correct and complete copy of the Certificate Order as provided at said meeting is attached
hereto.
IN WITNESS WHEREOF I hereunto affix my official signature and the seal of the City this
4th day of September, 2003.
[SEAL]
Cl