City of Yorkville City Council met Oct. 8.
Here is the minutes provided by the council:
Mayor Purcell called the meeting to order at 7: 02 p.m. and led the Council in the Pledge of Allegiance.
ROLL CALL
City Clerk Pickering called the roll.
Ward I Koch Present
Transier Present
Ward II Milschewski Present
Plocher Present
Ward III Funkhouser Present
Frieders Present
Ward IV Tarulis Present
Peterson Absent
Staff present: City Administrator Olson, City Clerk Pickering, Chief of Police Jensen, Deputy Chief of Police Mikolasek, Deputy Chief of Police Pfizenmaier, Public Works Director Dhuse, Community Development Director Barksdale-Noble, Finance Director Fredrickson, Parks and Recreation Director Evans, Assistant City Administrator Willrett, Building Code Official Ratos, Attorney Orr, and EEI Engineer Sanderson.
QUORUM
A quorum was established.
AMENDMENTS TO THE AGENDA
None.
PRESENTATIONS
Employee Appreciation of Service City employees Christopher Kuehlem and Steven Redmon were recognized for five years of service and Shelley Augustine was recognized for ten years of service.
PUBLIC HEARINGS
None.
CITIZEN COMMENTS ON AGENDA ITEMS
None.
CONSENT AGENDA
None.
MINUTES FOR APPROVAL
None.
BILLS FOR PAYMENT
Mayor Purcell entertained a motion to approve the bill list in the amount of$838,299.33 ( vendors);
401, 340.45 ( payroll period ending 9/ 20/ 19); for a total of$ 1, 239,639.78. So moved by Alderman Koch; seconded by Alderman Milschewski.
Motion approved by a roll call vote. Ayes-7 Nays-0 Funkhouser-aye, Tarulis-aye, Transier-aye, Plocher-aye, Frieders-aye, Koch-aye, Milschewski-aye
REPORTS
MAYOR' S REPORT
Cannabis Zoning Restrictions CC 2019- 62)
Mayor Purcell asked Community Development Director Barksdale-Noble to explain the proposed cannabis zoning restrictions. Director Barksdale-Noble said that with the expansion ofthe state cannabis act, the state has allowed municipalities to provide reasonable regulatory provisions through the establishment of time, place, manner, number, and minimum distance limitations. This includes setbacks for sensitive uses such as schools, parks, and religious institutions through a special use process. There are six different types of cannabis establishments that are identified in the state cannabis act: craft grower, cultivation center, dispensary, infuser, process and transporter organizations. Staff's recommendations are to have all the uses as a special use. The proposed distance for a craft grower is 2, 500 feet from the property line ofa pre-existing public or private schools, public parks, and religious institutions( not including commercial trade schools). For cultivation centers, staff is recommending it may not be located within 2,500 feet ofthe property line. The recommendation for dispensaries is 1, 000 feet from the property line ofpre-existing schools, public parks, and religious institutions with a maximum size of 5, 000 square feet. The dispensaries cannot have drive-through facilities and cannot utilize an e- commerce delivery service platform either. Additionally, 75% ofthe gross floor area must be dedicated to sales, which would leave 25% for storage. Infusers, processors, and transporting facilities would also be subject to setbacks of 2, 500 feet.
Staff is recommending additional restrictions by limiting the allowed number to one per organization type. The recommended business hours are 10:00 a.m. to 8:00 p.m. during the week and Saturdays, and 12: 00 p.m. to 5: 00 p.m. on Sundays. On-premise consumption will not be permitted. There will also be signage criteria as well. Establishments with dispensaries would be allowed one wall-mounted sign, no electronic message board signs, and no imagery related to cannabis.
One item that was mentioned regarding the infuser organizations is that they might not need 5, 000 square feet to operate out of. With an operation that primarily involves cooking, they could potentially operate out ofan empty 700 - 2,500 square foot unit found in various strip malls throughout the city. If infusers were allowed in the B-3 zoning districts, there is potential for them to open in an existing empty unit instead of needing to build a new facility from the ground up.
It was asked ifonline ordering would be allowed. Administrator Olson said staff was fine with online ordering with personal pick-up at the location. Staff did not want to facilitate e-delivery of the product.
Concerns were raised that the proposed setbacks were overly restrictive. A significant reduction in the setbacks was requested on all the different types of uses. It was suggested that the setbacks be reduced to 500 feet from schools, parks, and religious institutions and 250 feet from residential areas.
It was asked if the state is going to allow home delivery. City Attorney Orr responded that it would be allowed under the cannabis act. Administrator Olson asked if the City can prohibit someone from ordering from out of town and getting it delivered. City Attorney On does not think so. She believes that we can only restrict businesses in the City from delivering.
Consensus was for staff to reduce the setbacks to 500 feet from schools, parks, and religious institutions and 250 feet from residential areas and to allow infuser organizations to be located in B-3 zoning districts as a special use.
CMAP LTA Grant Program/Application—
Industrial Feasibility Study
(CC 2019-63)
Mayor Purcell entertained a motion to approve the CMAP LTA Grant Program/Application for a future Industrial Feasibility Study. So moved by Alderman Plocher; seconded by Alderman Funkhouser.
Administrator Olson said that the City would need to be prepared to contribute 20% of the project cost. Staff is estimating the City' s cost to be approximately$ 15, 000.
Motion unanimously approved by a viva voce vote.
PUBLIC WORKS COMMITTEE REPORT
No report.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
No report.
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
No report.
PARK BOARD
Ordinance 2019-55 Amending the Liquor Regulations Allowing Possession and Consumption ofAlcoholic Beverages at the Bristol Bay Regional Park CC 2019-64)
Mayor Purcell entertained a motion to approve an Ordinance Amending the Liquor Regulations Allowing Possession and Consumption ofAlcoholic Beverages at the Bristol Bay Regional Park. So moved by Alderman Frieders; seconded by Alderman Koch.
Motion approved by a roll call vote. Ayes- 5 Nays- 2 Plocher-aye, Frieders-aye, Koch-aye, Milschewski-aye, Funkhouser-nay, Tarulis-aye, Transier-nay
PLANNING AND ZONING COMMISSION
Downtown Form-Based Code and Streetscape Master Plan
(PZC 2019-09 and EDC 2019-23)
Ordinance 2019- 56 Amending the Yorkville Zoning Ordinance by Adding a Downtown Overlay District
Ordinance 2019-57 Approving a Streetscape Master Plan for the Downtown Overlay District
Mayor Purcell entertained a motion to approve an Ordinance Amending the Yorkville Zoning Ordinance by Adding a Downtown Overlay District and to approve an Ordinance Approving a Streetscape Master Plan for the Downtown Overlay District. So moved by Alderman Frieders; seconded by Alderman Koch.
Motion approved by a roll call vote. Ayes- 7 Nays- 0 Frieders-aye, Koch-aye, Milschewski-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Plocher-aye
Ordinance 2019-58 Approving the Final Plat of the Menard' s Commercial Commons Seventh Addition Resubdivision
(PZC 2019-21 and EDC 2019-74)
Mayor Purcell entertained a motion to approve an Ordinance Approving the Final Plat ofthe Menard' s Commercial Commons Seventh Addition Resubdivision. So moved by Alderman Frieders; seconded by Alderman Milschewski.
Motion approved by a roll call vote. Ayes- 7 Nays- 0 Koch-aye, Milschewski-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Plocher-aye, Frieders-aye
CITY COUNCIL REPORT
No report.
CITY CLERK' S REPORT
No report.
COMMUNITY& LIAISON REPORT
Sam Clementz
Alderman Frieders mentioned that the gentleman that ran against him for alderman in 2013 passed away last week. Alderman Frieders wanted to give a public appreciation to Sam Clementz.
Yorktoberfest
Alderman Funkhouser reported that the Yorkville Kiwanis Club Yorktoberfest event, which was held on October 5th, was successful even though it ended early due to the rain. He thanked the City staff for their help with the event.
STAFF REPORT
Chief Jensen reported that last weekend, officers were called to the area of Route 47 and Kennedy Road for a person passed out behind the wheel. Upon arrival, officers noticed the car was still in drive. Two officers stopped the vehicle with their bodies until a sergeant was able to get a squad car pulled to the bumper to prevent the vehicle from entering the intersection and causing an accident. Officers were then able to get into the vehicle with their equipment in order to put the vehicle in park. The officers called an ambulance for assistance as the driver was experiencing a diabetic incident.
Fiscal Year 2019 Audit Report
(CC 2019-65)
Brad Porter, audit manager from Lauterbach& Amen, LLP, gave an overview of the city' s fiscal year 2019 financial statement audit. He said there were a few items that he wanted to go over. The first item is known as the SAS 114 letter. This statement on auditing standards 114 document requires the auditor to communicate any disagreements or difficulties that the auditor has encountered over the course of their audit testing. Mr. Porter was happy to report that there were not any disagreements or difficulties.
The second item he mentioned was that the City was awarded a Certificate ofAchievement for Excellence in Financial Reporting that was issued by the Government Finance Officers Association. This award represents the highest form of financial reporting excellence that an entity can receive in the governmental accounting world.
In the Independent Auditor' s Report, Mr. Porter stated that the auditor has issued an unmodified opinion for fiscal year 2019, which is the cleanest form of an opinion that you can receive in the governmental world. This opinion represents that the auditor feels that the financial statements are free from any material misstatement and that there are sound internal controls over the financial reporting function.
Within the Comprehensive Annual Financial Report( CAFR) document, under the section titled Management' s Discussion and Analysis", Mr. Porter pointed out that the City' s aggregate net position increased by$ 4, 615, 901 which is approximately 3. 3% over the prior year. Mr. Porter also noted that the state has implemented a Grant Accountability and Transparency Act which seeks to improve transparency regarding grant expenditures. On page 137 ofthe CAFR, there is a consolidated year-end financial report which breaks down each major grant program which is going on within the City' s boundaries. On page 138, there is a report that is generated on the internal controls over the grant function. No material deficiencies or significant weaknesses were identified regarding the internal controls over the financial reporting.
Mr. Porter next mentioned the Management Letter. The primary purpose of this letter is for the auditor to convey any internal control recommendations or best practices that they see across the industry. He reported that there were no new current recommendations as a result of their fiscal year 2019 audit procedures.
Finance Director Fredrickson gave a brief overview of the fiscal year 2019 audit( see attached).
ADDITIONAL BUSINESS
Speeding Alderman Funkhouser mentioned the speeding on Route 34 and Route 47 as well as through the downtown area. He said he appreciated the efforts of the police department to address speeding, but he feels it continues to be an issue.
Cannonball Trail Curve
Alderman Funkhouser reported on the Cannonball Trail curve. He thanked staff for paving the outside curve and he requested that the inside curve be paved also.
CITIZEN COMMENTS
Rick Hanna, Yorkville resident, spoke regarding his extreme concern about the possibility of cannabis being allowed in the City.
EXECUTIVE SESSION
None.
ADJOURNMENT
Mayor Purcell entertained a motion to adjourn the City Council meeting. So moved by Alderman Milschewski; seconded by Alderman Plocher.
Motion unanimously approved by a viva voce vote.
Meeting adjourned at 8: 34 p.m.
https://www.yorkville.il.us/ArchiveCenter/ViewFile/Item/3253
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