City Council Minutes 2003 07-22-03 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, JULY 22, 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 Present
Ward R Burd Present
Kot Present
Ward III Mums Present
Ohare Present
Ward IV Besco Present
Spears Absent
Also present: City Clerk Milschewski, City Treasurer Powell, City Administrator Graff, City
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Attorney Dan Kramer, Police Chief Martin, Executive Director of Parks & Recreation Brown,
Finance Director Pleckham and Director of Public Works Dhuse.
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
Alderman Sticka requested that the approval of the final plats for Heartland Circle Unit 1 and
Raintree Village Unit 1 be moved from the Economic Development Committee Report to the
Consent Agenda.
Alderwoman Burd requested that the resolution creating the position of Engineering Assistant and
the resolution approving the revised job description for the position of City Engineer be removed
from the Consent Agenda and placed on the agenda under the Administration Committee Report.
City Attorney Kramer asked that the ordinances pertaining to the public hearings be added to the
Consent Agenda for approval as long as there are no revisions or negative public comments
voiced at the public hearing. The Council agreed.
Alderman Besco requested that the approval of the Park Master Plan be moved from the Public
Works Committee Report to the Consent Agenda. Alderman Kot asked if the language he
requested regarding the older parts of town was added to the plan and Administrator Graff stated
that this had been done.
Mayor Prochaska requested that #2 on the Consent Agenda, the resolution for Kendall County
Hydro Geologic Resource Assessment, be tabled until it is determined if the Illinois
Environmental Protection Agency will allow the City to use this toward the radium issue.
COMMITTEE MEETING DATES
- -- Public Works Committee 7:00 P.M., Monday, July 28, 2003
City of Yorkville Conference Room
800 Game Farm Road
Economic Development Committee 7:00 P.M., Thursday, August 21, 2003
City of Yorkville Conference Room
800 Game Farm Road
Administration Committee 6:30 P.M., Thursday, August 14, 2003
City of Yorkville Conference Room
800 Game Farm Road Cancelled
The Minutes of the Regular Meeting of the Citv Council — July 22. 2003 - nag_e 2
Public Safety Committee 6:30 P.M., Thursday, July 24, 2003
City of Yorkville Conference Room
800 Game Farm Road
Ad Hoc Technology Committee 6:30 P.M., Tuesday, July 29, 3003
City of Yorkville Conference Room
800 Game Farm Road
Ad Hoc Tourism Committee 6:30 P.M., Monday, August 18, 3003
City of Yorkville Conference Room
800 Game Farm Road
PUBLIC HEARINGS
Mayor Prochaska entertained a motion to go into public hearing for:
1. Zoning Text Amendment for B -1 District to Allow Office District Use
2. Zoning Text Amendment to Allow Special Use for Antique Store in R -1 One Family
Residence District
So moved by Alderman Besco; seconded by Alderman Kot.
Motion approved by a roll call vote. Ayes -7 Nays -0
Ohare -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Sticka -aye
Zoning Text Amendment for B -1 District to Allow Office District Use
City Attorney Kramer explained that a B -1 District is traditionally a downtown office district or a
neighborhood business district. The City permits professional offices within either. This item is
a "clean -up" of the existing ordinance requested by the Building Department. The amendment
will allow any office use that is permitted in the office district in a B -1, B -2 or B -3 District.
There were no comments from the public. There were no comments from the Council.
Zoning Text Amendment to Allow Special Use for an Antique Store
in R -1 One - Family Residence District
City Attorney Kramer explained that this amendment adds an antique district in R -1 and estate
districts. This permits older buildings to be used for antique stores.
There were no comments from the public. There were no comments from the Council.
Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman
Sticka; seconded by Alderman James.
Motion approved by a roll call vote. Ayes -7 Nays -0
Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Sticka -aye, Ohare -aye
CITIZEN COMMENTS
None
PRESENTATIONS
None
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CONSENT AGENDA
1. Ordinance 2003 -40 — Amending Title 10, Chapter 6 Article B Section 5 of the
Yorkville City Code (R -2 One Family Residential District — Lot Coverage for R -2
- -- Zoning District) - Authorize Mayor and City Clerk to execute
2. Resolution 2003 -27 — Authorizing Payroll Check Emergency Signatories -
3. Resolution 2003 -28 — Approving the Heartland Center Unit 1 Final Plat -Authorize
Mayor and City Clerk to execute
4. Resolution 2003 -29 — Approving the Raintree Village Unit 1 Final Plat - Authorize
Mayor and City Clerk to execute
5. Ordinance 2003 -41— Amending Titlel0, Chapter 7, Article B Section 1 (B -1
Limited Business District Permitted Use Zoning Amendment) - Authorize Mayor and
City Clerk to execute
6. Ordinance 2003 -42 - Amending Title10, Chapter 6, Article 6A, Section 2 (Historic
Preservation of Structures within the R -1 Estate Class One - Family Residential —
Antique Store Use) - Authorize Mayor and City Clerk to execute
7. Park Master Plan
The Minutes of the Reeular Meetine of the Citv Council - July 22. 2003 - nag_e 3
Mayor Prochaska entertained a motion to approve the Consent Agenda as corrected. So moved
by Alderman Sticka; seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes -7 Nays -0
Burd -aye, James -aye, Kot -aye, Munns -aye, Sticka -aye, Ohare -aye, Besco -aye
PLANNING COMMISSION /ZONING BOARD OF APPEAL
No report.
MINUTES FOR APPROVAL
A motion was made by Alderman James to approve the minutes of the City Council meetings
from June 24, 2003 and July 8, 2003; seconded by Alderman Sticka.
Motion approved by a viva voce vote.
BILLS FOR APPROVAL
A motion was made by Alderman James to approve the paying of the bills listed on the Detailed
Board Report dated July 17, 2003 totaling the following amounts: checks in the amount of
$537,977.28(vendor) and $121,620.09 (payroll period ending 07/16/03) for a total of
$659,597.37; seconded by Alderman Sticka.
Mayor Prochaska noted that the amounts for approval were different than those listed on the
agenda. The Council received a memo from Accounting Clerk Kim King revising the figures to
reflect a manual check for the Police Department petty cash.
Motion approved by a roll call vote. Ayes -7 Nays -0
Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Sticka -aye, Ohare -aye
REPORTS
MAYOR'S REPORT
Swearing In of Officer Sarah Cernekee and Officer Robbie Hart
Mayor Prochaska swore in new police officers, Sarah Cernekee and Robbie Hart along with Chief
Martin and Police Commissioner Bob Johnson. He welcomed them to the force.
Proclamation for National Night Out
Mayor Prochaska read a proclamation for the National Night Out on August 5, 2003. See
attached. He entertained a motion to ratify the proclamation. So moved by Alderman Kot;
seconded by Alderman Sticka.
Motion approved by viva voce vote.
ATTORNEY'S REPORT
No report.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
No report.
CITY ADMINISTATOR'S REPORT
Administrator Graff noted that the Council received sign -off documentation from all the
consultants with regards to the Grande Reserve annexation. All members of the staff recommend
the approval of the annexation subject to review of the revisions to the exhibits.
FINANCE DIRECTOR'S REPORT
No report.
DIRECTOR OF PUBLIC WORKS REPORT
No report.
CHIEF OF POLICE REPORT_
No report.
The Minutes of the Regular Meeting 9f the City Council - July 22, 2003 - Dase 4
EXECUTIVE DIRECTOR OF PARKS & RECREATION
Executive Director of Parks & Recreation Laura Brown noted that the Parks fall brochure would
be mailed in the next week.
COMMUNITY & LIAISON REPORT
No report.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
No report.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
(Ordinance) 2003 -43 Annexation of the CorLands Property
A motion was made by Alderman Sticka to approve an ordinance annexing properties to the
United City of Yorkville, Kendall County, Illinois known as the CorLands Property; seconded by
Alderman James.
Mayor Prochaska noted that this is for approximately 90 -acres along the Blackberry Creek on the
north side of Yorkville.
Motion approved by a roll call vote. Ayes -7 Nays -0
Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Sticka -aye, Besco -aye
(Ordinance) 2003 -44 Authorizing the Execution of Annexation and
Planned Unit Development for Grande Reserve
A motion was made by Alderman Sticka to approve an ordinance authorizing the execution of the
Annexation and Planned Unit Development Agreement of MPI -2 Yorkville North, L.L.C., MPI -2
Yorkville Central, L.L.C. and MPI Yorkville South, L.L.C. (developers), Suburban Bank & Trust
— Company Trust #74 -3216, Isenstein - Pasquinelli, L.L.C. , Moser Enterprises, Inc. Inland
Appreciation Fund, L.P., Dale Konicek and Wayne and Lois Konicek (owners) known as the
Grande Reserve Plan and authorize the Mayor and City Clerk to execute the agreement subject to
staff and legal review of the final exhibits for confirmation of the exhibits; seconded by Alderman
Besco.
Mayor Prochaska noted that this annexation has taken two years of work to get to this point.
Alderman Sticka stated that there have been approximately 100 meetings between staff and the
developers.
Alderman Sticka asked the developer if local builders would be able to acquire lots so they could
participate in the development of the community. Art Zwemke with Moser Enterprises stated that
the development will have different lot sizes so there will be variety and different builders. As an
example, he cited their project Grande Park in Plainfield where there are thirty-four different
builders; thirty are small local builders. Alderman Sticka clarified that this is not in the
agreement but rather their way of doing business and Mr. Zwemke stated yes. Alderman Sticka
asked if a whole "pod" would be sold to just one developer and Mr. Zwemke stated that this was
unlikely. A neighborhood might be sold to a single builder who would put in the local streets and
underground work however MPI would still be responsible for the mass grading, storm sewers,
water, etc. for the entire acreage.
Alderman Sticka stated that there are ordinances pending such as an appearance ordinance. He
asked if the developer would be willing to abide by ordinances passed after this agreement is
passed tonight. Mr. Zwemke stated that there is a provision in the agreement which indicates that
as a neighborhood is built, overriding ordinances will be complied with. Not only will they equal
what is required, they will try to exceed it. Alderman Sticka noted that this is not only being
asked of Grande Reserve but all developments coming before the Council. Mr. Zwemke stated
that they like the high standards in Yorkville and anything that creates or maintains those
standards will be followed.
Alderman Kot stated that this is probably the most important vote that anyone on the Council will
make as far as the impact it will have on the community. He stated that he has asked many
questions and had some concerns and he is pleased with the way the developers have worked with
the City. He noted that he is not excited about the apartments but he was given reassurances that
they will be high quality and something Yorkville will be proud of. He stated that he thought it
was important for the developer to continue working with the community.
The Minutes of the ReLyular Meeting of the Citv Council — July 22. 2003 - DaLye 5
Mr. Zwemke stated that the developer looks forward to working with the City and he thanked the
City staff and elected officials for the amount of time and effort that has gone into the project. He
stated that he wanted everyone to be proud of the agreement.
Alderman Besco stated that he was compiling his copies of documents relating to the Grande
Reserve. He noted that the stack was about a foot high. He stated that this was a difficult
agreement to reach and he praised the staff and the developer for working together.
Mayor Prochaska stated that there have been many concerns and issues brought up by the
Council, staff and residents during the two years of working on the agreement. He noted that the
developers have addressed and tried to resolve them. He stated that the Council, Plan
Commission, City staff and Parks & Recreation Department have tried to make sure that this is
for the good of the community. He thanked everyone for their work.
Motion approved by a roll call vote. Ayes -7 Nays -0
James -aye, Kot -aye, Munns -aye, Ohare -aye, Sticka -aye, Besco -aye, Burd -aye
(Ordinance) 2003 -45 Annexation of Grande Reserve Property
A motion was made by Alderman Sticka to approve an ordinance authorizing annexing the
property to the United City of Yorkville known as the Grande Reserve Plan as stated in the
previous motion; seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes -7 Nays -0
Kot -aye, Munns -aye, Ohare -aye, Sticka -aye, Besco -aye, Burd -aye, James -aye
(Ordinance) 2003 -46 Authorizing the Execution of an Amendment to the
Annexation Agreement, Annexation Agreement and
Planned Unit Development Agreement for Menard's Residential
A motion was made by Alderman Sticka to approve an ordinance authorizing the execution of an
amendment to the Annexation Agreement, Annexation Agreement and Planned Unit
Development Agreement of Menard, Inc., a Wisconsin Corporation and authorize the Mayor and
City Clerk to execute the agreement subject to staff and legal review of the final exhibits for
confirmation of the exhibits; seconded by Alderman James.
Administrator Graff stated that there are three points of interest:
• The exhibit for the Kennedy Road realignment which was included with the previous
documents was omitted in error. Attorney Kelly Kramer has spoken with the developer
and confirmed that this will be added.
• The agreement notes a 1 Y2-acre parcel is being given to the Bristol - Kendall Fire
Department (BKFD) in exchange for one half of the fees due BKFD. The developer will
pay $150.00/building versus $300.00/building.
• BKFD has asked if they may use detention on the Menard's residential and commercial
site and if the developer would rough grade the parcel. The developer has agreed to these
requests.
The additional language to cover these items will be added to the agreement before it is executed
by the Mayor and City Clerk.
Kevin Biscan with Smith Engineering, representing the developer, verified that the Kennedy
Road exhibit has already been prepared but was overlooked for some reason and the developer
has agreed to the BKFD's requests.
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Alderwoman Ohare asked for clarification that the zoning west of McHugh will be multi - family
and east will be single - family. Mayor Prochaska clarified this.
Alderman Sticka commented that BKFD waived approximately $64,800.00 in fees in exchange
for the site. He noted that it seems an appropriate location. Administrator Graff stated that
BKFD negotiated with the developer for the site and is happy with it.
Motion approved by a roll call vote. Ayes -7 Nays -0
Mums -aye, Ohare -aye, Sticka -aye, Besco -aye, Burd -aye, James -aye, Kot -aye
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(Ordinance) 2003 -47 Annexation and Zoning of Menard's Residential
A motion was made by Alderman Sticka to approve an ordinance annexing the Menard's
properties to and zoning real property pursuant to an annexation and Planned Unit Development
Agreement with the United City of Yorkville, Kendall County, Illinois known as the Menard's
property; seconded by Alderwoman Burd.
The Minutes of the Reeular Meeting of the Citv Council — July 22. 2003 - uage 6
Motion approved by a roll call vote. Ayes -7 Nays -0
Ohare -aye, Sticka -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye,
(Ordinance) 2003 -48 Authorizing the Execution of an Annexation and
Planned Until Development Agreement
for the of Walter Morrissey Property
A motion was made by Alderman Sticka to approve an ordinance authorizing the execution of an
Annexation and Planned Unit Development Agreement of Northern Trust Bank as Trustee under
Trust Agreement dated September 11, 1978 and known as Trust No. TH00182 Owner of Record
and to authorize the Mayor and City Clerk to execute the agreement subject to staff and legal
review of the final exhibits for confirmation of the exhibits; seconded by Alderman James.
Alderman Sticka clarified with Walter Morrissey, owner of the property, that currently there is no
particular use set for the property. Mr. Morrissey agreed.
City Attorney Dan Kramer noted that twelve years ago the City had a major sewer and water
project on the south side of town and Mr. Morrissey gave the City easements for the project at no
cost.
Motion approved by a roll call vote. Ayes -7 Nays -0
Sticka -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye
(Ordinance) 2003 -49 Annexation of Walter Morrissey Property
A motion was made by Alderman Sticka to approve an ordinance annexing properties to the
United City of Yorkville, Kendall County, Illinois known as the Morrissey property; seconded by
Alderman Besco.
Motion approved by a roll call vote. Ayes -7 Nays -0
Sticka -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye
Mayor Prochaska noted that the three developments have been annexed and zoned and they will
come back before the Plan Commission and Council at some future time for the approval of final
plats.
Alderman Sticka reiterated that the Mayor will not execute the documents until he is satisfied that
the staff has completed their review.
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
(Resolution) 2003 -30 Creating Position of Engineering Assistant
A motion was made by Alderman James to approve a resolution creating a position of
Engineering Assistant; seconded by Alderman Kot.
Alderwoman Burd asked on behalf of Alderwoman Spears if specific changes, recommended by
the Administration Committee, were made to the description. She went over the items with
Mayor Prochaska and verified that the changes were made on the July 22, 2003 revision of the
job description attached to the resolution. The Council did not receive the revision so Mayor
Prochaska suggested approving the resolution specifying the July 22, 2003 draft of description.
Alderman Kot withdrew his second.
A motion was made by Alderman James to approve a resolution creating a position of
- -- Engineering Assistant with the job description dated July 22, 2003; seconded by Alderman Kot.
Motion approved by a roll call vote. Ayes -7 Nays -0
Sticka -aye, Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye
(Resolution) 2003 -31 Revised Job Description for City Engineer
A motion was made by Alderman James to approve a resolution approving the revised job
description for the position of City Engineer; seconded by Alderwoman Burd.
Alderwoman Burd went over revisions suggested by Alderwoman Spears. Mayor Prochaska
verified that the revisions were made on a July 22, 2003 draft (the Council did not receive a copy)
and he also made a grammatical correction to the draft.
Alderwoman Burd withdrew her second.
The Minutes of the Regular Meetine of the Citv Council - July 22, 2003 - valze 7
A motion was madeby Alderman James to approve a resolution approving the revised job
description for the position of City Engineer using the draft dated July 22, 2003 and the
comments on grammatical changes; seconded by Alderwoman Burd.
Motion approved by a roll call vote. Ayes -7 Nays -0
Besco -aye, Burd-aye, James -aye, Kot -aye, Ohare -aye, Munns -aye, Sticka -aye
— Alderwoman Burd thanked Alderwoman Spears for taking the time to go over things while she is
recuperated.
ADDITIONAL BUSINESS
Subdividing Lots
Alderman James asked for information regarding property owners dividing lots. He asked what
the protocol was for this and City Attorney Kramer stated there are several ways to do it. He
suggested that the property owner contact Administrator Graff or Building Inspector Bill Dettmer
to see what applies to the parcel. The Council gets involved if they are asked to approve a
subdivision plat or if the Building Department has denied a building permit due to the need for a
variance.
Countryside Parkway
Mayor Prochaska noted that Countryside Parkway between Routes 34 and 47 is now opened.
EXECUTIVE - br aSiqjrr
Mayor Prochaska entertained a motion to go into Executive Session for:
1. The collective negotiation matters between public employers and their employees or
representatives.
2. For the purchase or lease of real property for the use of the public body.
He asked that the City Clerk, City Treasurer, City Administrator, City Attorney and Building
Inspector Bill Dettmer be included in the session. He stated that he anticipated action being taken
after the end of the session. So moved by Alderman Sticka; seconded by Alderman Munns.
Motion approved by a roll call vote. Ayes -7 Nays -0
Ohare -aye, Besco-aye, Burd -aye, James -aye Kot -aye, Munns -aye, Sticka -aye
The regular session broke at 8:03 P.M. The Council took a ten minute break.
The City Council returned to regular session at 10:40 P.M.
Well Site Sale
Mayor Prochaska entertained a motion to authorize the City Attorney to draw up a contract, pull
down and order a survey for the well site property owned by the United City of Yorkville
west of Eldamain Road for sale to the City of Plano in the amount of $142,000.00. So moved by
Alderman - Sticka; seconded by Alderman James
Motion approved by a roll call vote. Ayes -7 Nays -0
Burd -aye, James -aye, Kot -aye, Munns -aye, Ohare -aye, Sticka -aye, Besco -aye
Police Chiefs Employment Agreement
Mayor Prochaska entertained a motion to enter into an agreement with the Police Chief Harold O.
Martin III and the United City of Yorkville. So moved by Alderman Kot; seconded by Alderman
Sticka.
Motion approved by a roll call vote. Ayes -7 Nays -0
James -aye, Kot -aye, Munns -aye, Ohare -aye, Sticka -aye, Besco -aye, Burd -aye
Executive Director of Parks & Recreation's Employment Agreement
Mayor Prochaska entertained a motion to enter into an agreement with the Executive Director of
Parks & Recreation Laura J. Brown and the United City of Yorkville. So moved by Alderman
Sticka; seconded by Alderman James.
Mayor Prochaska noted that the contracts include salary schedule adjustments along with a 5%
merit and cost of living increase.
Motion approved by a roll call vote. Ayes -6 Nays -0 Present -1
Kot -aye, Munns -aye, Ohare -aye, Sticka -aye, Besco - present, Burd -aye, James -aye
The Minutes of the Regular Meeting of the Citv Council - July 22, 2003 - va2e 8
ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn. So moved by Alderwoman Ohare; seconded
by Alderman Sticka.
Motion approved by a viva voce vote.
-- Meeting adjourned at 7: P.M.
Minutes submitted by:
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Jacquelyn Milschewski,
City Clerk City of Yorkville, Illinois
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July 22, 2003
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WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique,
nationwide crime, drug and violence prevention program on August 5, 2003 entitled "National
Night Out "; and
WHEREAS, the "20 "' Annual National Night Out" provides a unique opportunity for the
United City of Yorkville to join forces with thousands of other communities across the country
in promoting cooperative, police - community crime prevention efforts; and
WHEREAS, the Citizens Police Academy Alumni plays a vital role in assisting the
Yorkville Police Department through joint crime, drug and violence prevention efforts in the
United City of Yorkville and is supporting "National Night Out 2003" locally; and
WHEREAS, it is essential that all citizens of the United City of Yorkville be aware of the
{ importance of crime prevention programs and impact that their participation can have on
reducing crime, drugs and violence in the United City of Yorkville; and
WHEREAS police-community partnerships, neighborhood safety, � ,p Yp P � g Y, awareness and
cooperation are important themes of the "National Night Out" program;
NOW, THERFORE I, Mayor Arthur F. Prochaska, Jr., do hereby call upon all citizens of
the United City of Yorkville to join the Citizens Police Academy Alumni and the National
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Association of Town Watch in supporting "20` Annual National Night Out" on August 5, 2003.
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FURTHER, LET IT BE RESOLVED THAT I, Mayor Arthur F. Prochaska, Jr., do
hereby proclaim Tuesday, August 5, 2003 as "NATIONAL NIGHT OUT" in the United City of
Yorkville.
Mayor Arthur F. Prochaska, Jr.