Kendall County Times

Kendall County Times

Wednesday, January 29, 2020

United City of Yorkville City Council met November 26

By Michael Abella | Jan 15, 2020

Meeting 11

United City of Yorkville City Council met Nov. 26.

Here is the minutes provided by the council:

Mayor Purcell called the meeting to order at 7: 01 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, 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, Purchasing Manager Parker, Attorney Orr, and EEI Engineer Sanderson.

QUORUM

A quorum was established.

AMENDMENTS TO THE AGENDA

Mayor Purcell entertained a motion to approve the City Council agenda as presented. So moved by Alderman Koch; seconded by Alderman Transier.

Motion unanimously approved by a viva voce vote.

PRESENTATIONS

None.

PUBLIC HEARINGS

None.

CITIZEN COMMENTS ON AGENDA ITEMS

Michael Scornavic said that he is personally opposed to the recreational sale ofmarijuana. He has concerns about residents driving under the influence and the burden it creates for the police.

John Cooney, a landowner of the Fountain Village commercial strip center on the south side of Yorkville, is in favor ofthe council approving the cannabis ordinance regarding zoning with one exception. He would like the council to consider amending the proposed ordinance to remove the restriction on residential setbacks from 250 feet to zero so that a cannabis business could consider Fountain Village as a potential location. He feels that a cannabis dispensary would spur growth in the Fountain Village center.

Arnie Silvestri, consultant for SJR Incorporated which deals with the construction and operation of dispensaries, was requested by Mr. Cooney to evaluate the Fountain Village center regarding cannabis dispensaries. It is the opinion of Mr. Silvestri that dispensaries bring a lot of foot and car traffic into the city which can benefit other businesses in the community. Mr. Silvestri said there are many security measures which businesses that dispense cannabis are required to follow.

Robyn Sutcliff, owner of Foxy's Ice Cream in Yorkville, spoke to the council about the proposed license agreement extension for her business located at 131 E. Hydraulic Street. She gave the council a brief history of her business along with the improvements she has made to the building over the past several years. Ms. Sutcliff believes Foxy's Ice Cream is a good addition to the community and she hopes the council will consider extending the license agreement.

CONSENT AGENDA

None.

MINUTES FOR APPROVAL

None.

BILLS FOR PAYMENT

Mayor Purcell entertained a motion to approve the bill list in the amount of$926,843.42 ( vendors);

298,463. 94( payroll period ending 11/ 15/ 19); for a total of$ 1, 225, 307.36. So moved by Alderman Transier; seconded by Alderman Koch.

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

Holiday Event Mayor Purcell thanked Director Evans and his staff for the holiday event that was held the previous weekend. Mayor Purcell said the parade and tree lighting ceremony on Saturday went great. He said they were lucky to have good weather on Sunday morning for the Chili Chase 5K for a cure. Director Evans thanked the police department for all their help with the event.

Tax Levy

(CC 2019- 70) 

Resolution 2019-37 Requesting Separate Limiting Rates for all City Funds

Ordinance 2019- 65 for the Levy and Assessment ofTaxes for the Fiscal Year Beginning on May 1, 2020 and Ending on April 30, 2021 Mayor Purcell entertained a motion to approve a Resolution Requesting Separate Limiting Rates for all City Funds and to approve an Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning on May 1, 2020 and Ending on April 30, 2021. So moved by Alderman Frieders; seconded by Alderman Milschewski.

Mayor Purcell clarified that the city' s portion of the tax levy is increasing 2. 96% to capture the revenues from new construction only. There is no inflationary impact for the city' s portion ofthe tax levy. The library' s portion of the tax levy is increasing 4.28% increase to capture new construction and CPI.

Motion approved by a roll call vote. Ayes- 7 Nays- 0 Tarulis-aye, Transier-aye, Plocher-aye, Frieders-aye, Koch-aye, Milschewski-aye, Funkhouser-aye

Lobbyist Services

(CC 2019-71)

Resolution 2019-38 Approving an Intergovernmental Agreement among the Village of Oswego, the United City of Yorkville, and the Village of Montgomery for the Sharing of Governmental Affairs Services

Ordinance 2019- 66 Authorizing the Eighth Amendment to the Annual Budget for the Fiscal Year Commencing on May 1, 2019 and Ending on April 30, 2020 Mayor Purcell entertained a motion to approve a Resolution Approving an Intergovernmental Agreement among the Village of Oswego, the United City of Yorkville, and the Village of Montgomery for the Sharing ofGovernmental Affairs Services and to approve an Ordinance Authorizing the Eighth Amendment to the Annual Budget for the Fiscal Year Commencing on May 1, 2019 and Ending on April 30, 2020. So moved by Alderman Frieders; seconded by Alderman Koch.

Motion approved by a roll call vote. Ayes- 7 Nays- 0 Transier-aye, Plocher-aye, Frieders-aye, Koch-aye, Milschewski-aye, Funkhouser-aye, Tarulis-aye

PUBLIC WORKS COMMITTEE REPORT

East Orange Street Water Main Improvements—Change Order No. 1 

(PW 2019- 72)

Alderman Plocher made a motion to approve the East Orange Street Water Main Improvements— Change Order No. 1 and authorize the Mayor to execute; seconded by Alderman Koch.

Motion approved by a roll call vote. Ayes-7 Nays- 0 Plocher-aye, Frieders-aye, Koch-aye, Milschewski-aye, Funkhouser-aye, Tarulis- aye, Transier-aye

Purchase of New Truck

(PW 2019- 73)

Alderman Plocher made a motion to authorize a purchase through the Sourcewell purchasing cooperative for a 2020 Ford Super Duty F-350 from the National Auto Fleet Group in the amount of$32,521. 40, a 9- foot Boss snowplow for approximately$ 7, 000, and any other accessories needed for the daily operations ofthe vehicle for a total amount not to exceed$ 50,000; seconded by Alderman Frieders.

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 2019-67 Amending the Traffic Schedule and Index

Intersection Control—Raintree Village Subdivision)

(PW 2019-74)

Alderman Plocher made a motion to approve an Ordinance Amending the Traffic Schedule and Index

Intersection Control—Raintree Village Subdivision) and authorize the Mayor and City Clerk to execute; 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

ECONOMIC DEVELOPMENT COMMITTEE REPORT

Ordinance Authorizing a Jurisdictional Boundary Line Agreement Between the United City ofYorkville and the City ofPlano 

(EDC 2019- 84)

Alderman Milschewski made a motion to approve an Ordinance Authorizing a Jurisdictional Boundary Line Agreement Between the United City of Yorkville and the City of Plano and authorize the Mayor and City Clerk to execute; seconded by Alderman Frieders.

Mayor Purcell said that at the public hearing that had been held at the November

12th City Council meeting, it was suggested that the proposed boundary line be shifted west ofthe Fox River Bluffs parcel since that parcel of property has been identified as being located within Yorkville' s planning boundary. He said that Yorkville has not received a response yet from Plano regarding this proposed shift.

Alderman Funkhouser made a motion to table this item to the January 14, 2020 City Council meeting; seconded by Alderman Milschewski.

Motion to table approved by a viva voce vote.

PUBLIC SAFETY COMMITTEE REPORT

Resolution 2019-39 Approving a Joint Purchase Agreement for Radios, Accessories, and Licenses 

(PS 2019- 36)

Alderman Tarulis made a motion to approve a Resolution Approving a Joint Purchase Agreement for Radios, Accessories, and Licenses and authorize the Mayor and City Clerk to execute; seconded by Alderman Milschewski.

Motion approved by a roll call vote. Ayes- 7 Nays- 0 Milschewski-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Plocher-aye, Frieders-aye, Koch-aye

Resolution 2019- 40 Authorizing the Sale and Transfer of Personal Property Owned by the City (Police Department Equipment) 

(PS 2019- 38)

Alderman Tarulis made a motion to approve a Resolution Authorizing the Sale and Transfer of Personal Property Owned by the City( Police Department Equipment) and authorize the Mayor and City Clerk to execute; 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

Ordinance 2019- 68 Amending the Regulations for Solicitors, Hawkers, and Itinerant Merchants 

(PS 2019-39)

Alderman Tarulis made a motion to approve an Ordinance Amending the Regulations for Solicitors, Hawkers, and Itinerant Merchants and authorize the Mayor and City Clerk to execute; seconded by Alderman Milschewski.

Motion approved by a roll call vote. Ayes- 7 Nays- 0 Tarulis-aye, Transier-aye, Plocher-aye, Frieders-aye, Koch-aye, Milschewski-aye, Funkhouser-aye

Ordinance 2019- 69 Amending the Code of Ordinances Providing for Liquor Control( Class R-1)

(PS 2019-40)

Alderman Tarulis made a motion to approve an Ordinance Amending the Code of Ordinances Providing for Liquor Control( Class R-1) and authorize the Mayor and City Clerk to execute; seconded by Alderman Milschewski.

Motion approved by a roll call vote. Ayes- 7 Nays- 0 Transier-aye, Plocher-aye, Frieders-aye, Koch-aye, Milschewski-aye, Funkhouser-aye, Tarulis-aye

Ordinance 2019- 70 Amending the Yorkville City Code Relating to the Use of Cannabis

(PS 2019-41)

Alderman Tarulis made a motion to approve an Ordinance Amending the Yorkville City Code Relating to the Use of Cannabis and authorize the Mayor and City Clerk to execute; seconded by Alderman Milschewski.

Attorney Orr explained that this ordinance prescribes what types of conduct will not be permitted in the city regarding adult-use cannabis. This ordinance will allow the police department to be able to issue local ordinance violation tickets for violations ofthis ordinance. She said that an ordinance prescribing the fine amounts for these violations will be presented to the council for consideration at the December 10th council meeting.

Motion approved by a roll call vote. Ayes- 7 Nays- 0 Plocher-aye, Frieders-aye, Koch-aye, Milschewski-aye, Funkhouser-aye, Tarulis-aye, Transier-aye

ADMINISTRATION COMMITTEE REPORT

Monthly Treasurer' s Report for October 2019 

(ADM 2019-65)

Alderman Funkhouser made a motion to approve the Monthly Treasurer' s Report for October 2019; seconded by Alderman Tarulis.

Motion approved by a viva voce vote.

Ordinance 2019-71 for the Amended Levy and Assessment of Taxes for the Fiscal Year Beginning May 1, 2020 and Ending April 30, 2021 in and for Special Service Area Number 2004- 201 ( Fox Hill) 

(ADM 2019- 68)

Alderman Funkhouser made a motion to approve an Ordinance for the Amended Levy and Assessment of Taxes for the Fiscal Year Beginning May 1, 2020 and Ending on April 30, 2021 in and for Special Service Area Number 2004-201 ( Fox Hill) and authorize the Mayor and City Clerk to execute; seconded by Alderman Plocher.

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

Ordinance 2019-72 for the Amended Levy and Assessment of Taxes for the Fiscal Year Beginning May 1, 2020 and Ending April 30, 2021 in and for Special Service Area Number 2006-119( Sunflower Estates) 

(ADM 2019-69)

Alderman Funkhouser made a motion to approve an Ordinance for the Amended Levy and Assessment of Taxes for the Fiscal Year Beginning May 1, 2020 and Ending on April 30, 2021 in and for Special Service Area Number 2006- 119( Sunflower Estates) and authorize the Mayor and City Clerk to execute; 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

Bond Abatement Ordinances 

(ADM 2019- 70)

Ordinance 2019- 73 Abating the tax levied for the year 2019 to pay the principal of and interest on the$ 11, 150,000 General Obligation Refunding Bonds Alternate Revenue Source), Series 2011

Ordinance 2019- 74 Abating the tax levied for the year 2019 to pay the principal of and interest on the$ 5,575,000 General Obligation Bonds Alternate Revenue Source), Series 2015A

Ordinance 2019- 75 Abating the tax levied for the year 2019 to pay the principal of and interest on the$ 5,800,000 General Obligation Refunding Bonds Alternate Revenue Source), Series 2016

Ordinance 2019- 76 Abating the tax levied for the year 2019 to pay the principal of and interest on the$ 1, 235,000 General Obligation Refunding Bonds Alternate Revenue Source), Series 2014

Ordinance 2019- 77 Abating the tax levied for the year 2019 to pay the principal of and interest on the$ 1, 290,000 General Obligation Refunding Bonds Alternate Revenue Source), Series 2014C

Ordinance 2019-78 Abating the tax levied for the year 2019 to pay the principal of and interest on the$ 2,300,000 General Obligation Refunding Bonds

Alternate Revenue Source), Series 2014B

Ordinance 2019-79 Abating the tax levied for the year 2019 to pay the principal of and interest on the$ 4,295,000 General Obligation Bonds

Alternate Revenue Source), Series 2014A

Alderman Funkhouser made a motion to approve the ordinances abating the taxes levied for the year 2019 to pay the principal of and interest on the General Obligation Refunding Bonds, listed on the agenda as Administration Committee Report# 4— Bond Abatement Ordinances numbered a, b, c, d, e, f, and g, and to authorize the Mayor and City Clerk to execute; seconded by Alderman Milschewski.

Motion approved by a roll call vote. Ayes-7 Nays- 0 Milschewski-aye, Funkhouser-aye, Tarulis-aye, Transier-aye,

Plocher-aye, Frieders-aye, Koch-aye

Special Service Area Abatement Ordinances

(ADM 2019- 71)

Ordinance 2019-80 Abating Special Service Area Taxes for Special Service Area Number 2003- 100( Raintree Village Project) and Approving the Amended Special Tax Roll

Ordinance 2019-81 Abating Special Service Area Taxes for Special Service Area Number 2003- 101 ( Windett Ridge Project) and

Approving the Amended Special Tax Roll

Ordinance 2019-82 Abating Special Service Area Taxes for Special Service Area Number 2004- 104( Central Grande Reserve) and Approving the Amended Special Tax Roll

Ordinance 2019-83 Abating Special Service Area Taxes for Special Service Area

Number 2005-108 and 2005- 109 Special Tax Refunding

Bonds, Series 2016( Autumn Creek Project and Bristol Bay I Project)

Alderman Funkhouser made a motion to approve the ordinances abating the special service area taxes for special services areas listed on the agenda as Administration Committee Report# 5 — Special Service Area Abatement Ordinances, numbered a, b, c, and d, and to authorize the Mayor and City Clerk to execute; seconded by Alderman Frieders.

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

PARK BOARD

Riverfront License Agreement Extensions 

(CC 2019-72)

Resolution 2019-41 Approving a License Extension Agreement with White Water Ice Cream Inc. 131 East Hydraulic Avenue, Units A& B)

Mayor Purcell entertained a motion to approve a Resolution Approving a License Extension Agreement with White Water Ice Cream Inc. ( 131 East Hydraulic Avenue, Units A& B). So moved by Alderman Frieders; seconded by Alderman Funkhouser.

Motion approved by a roll call vote. Ayes- 7 Nays- 0 Tarulis-aye, Transier-aye, Plocher-aye, Frieders-aye, Koch-aye, Milschewski-aye, Funkhouser-aye

Resolution 2019- 42 Approving a License Extension Agreement with Ginger& Soul 131 East Hydraulic Avenue, Unit C)

Mayor Purcell entertained a motion to approve a Resolution Approving a License Extension Agreement with Ginger& Soul( 131 East Hydraulic Avenue, Unit C). So moved by Alderman Frieders; seconded by Alderman Funkhouser.

Motion approved by a roll call vote. Ayes- 7 Nays- 0 Tarulis-aye, Transier-aye, Plocher-aye, Frieders-aye, Koch-aye, Milschewski-aye, Funkhouser-aye

Autumn Creek Playground and Caledonia Playground—Request for Proposals

(CC 2019-73)

Mayor Purcell entertained a motion to authorize staff to issue a request for proposals for the Autumn Creek Playground and the Caledonia Playground. So moved by Alderman Frieders; seconded by Alderman Koch.

Motion approved by a roll call vote. Ayes- 7 Nays- 0 Transier-aye, Plocher-aye, Frieders-aye, Koch-aye, Milschewski-aye, Funkhouser-aye, Tarulis-aye Raintree Park Shelter Purchase Contract

(CC 2019-74)

Mayor Purcell entertained a motion to approve the purchase through the Sourcewell purchasing cooperative for a shelter for the Raintree Park C from Poligon in the amount of$29,002.40. So moved by Alderman Frieders; seconded by Alderman Koch.

Motion approved by a roll call vote. Ayes- 7 Nays- 0 Plocher-aye, Frieders-aye, Koch-aye, Milschewski-aye, Funkhouser-aye, Tarulis-aye, Transier-aye

Youth Baseball and Softball League Uniforms and Equipment—Request for Proposals CC 2019-75)

Mayor Purcell entertained a motion to authorize staff to issue a request for proposals for the 2020 Youth Baseball and Softball League Uniforms and Equipment. So moved by Alderman Transier; 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

PLANNING AND ZONING COMMISSION

Ordinance 2019-84 Amending Title 10, Chapter 6 of the Yorkville City Code Pertaining to Cannabis and Compassionate Use of

Medical Cannabis( Adult-Use Cannabis) 

(PZC 2019-23)

Mayor Purcell entertained a motion to approve an Ordinance Amending Title 10, Chapter 6 ofthe Yorkville City Code Pertaining to Cannabis and Compassionate Use ofMedical Cannabis( Adult-Use Cannabis). So moved by Alderman Frieders; seconded by Alderman Plocher.

Discussion took place regarding the proposed zoning setbacks for adult-use cannabis establishments. One suggestion was to include B-2 zoning as a special use for dispensaries in order to increase the number of potential locations for these businesses. Other suggestions included a 200 foot setback from residential and parks, a 500 foot setback for schools; excluding the residential setback for properties that are separated by a state highway; for daycare and religious institutions located within a" B" zoning district, having a 50 foot building separation between the uses; reducing Wheaton Park to a zero setback because of it' s proximity to the industrial park; and for any part of a flag lot that is used for ingress and egress purposes which are less than 50 feet would be excluded from the setback.

If was asked if dispensaries kept product out on the floor or if the product was ordered via a menu. Mr. Silvestri explained that all the products are kept in a vault. Customers wait in a common area ofthe establishment until they are called to a sales area. Once in the sales area, customers can view the product via iPads or tablets and make their selections. Once a customer places their order, staff goes back to the vault area to get the customer' s order which is placed in a sealed package for delivery to the customer. There is no open product on the sales floor or the waiting areas.

It was asked about the security that must be in place for the product to be delivered to the store. Mr. Silvestri explained you must have a completely secure area. An example of a secure area is typically a 6- foot to 8- foot tall security fence which would allow a van to drive into the fenced area and to be closed inside before the product is unloaded.

Mayor Purcell asked ifthe council wanted to move forward with approval ofan ordinance so that the city would have zoning regulations in place prior to January 1St

Alderman Funkhouser made a motion to amend the ordinance for the following points: 200 foot setback from residential and parks, 500 foot setback for schools, when separated by a state highway residential setbacks shall be excluded, daycare and religious institutions located in" B" zoning shall be 50 feet from cannabis facilities as measured at the front of the building, Wheaton Park shall have a zero setback, those parts of flag lots used for ingress and egress purposes which are less than 50 feet shall be excluded from the setback, and dispensing and infusing to be added as a special use in" B-2" zoning districts; seconded by Alderman Frieders.

Motion to amend failed by a roll call vote. Ayes-4 Nays- 4 Frieders-aye, Koch-aye, Milschewski-aye, Funkhouser-aye, Tarulis-nay, Transier-nay, Plocher-nay, Mayor Purcell-nay

Original motion approved by a roll call vote. Ayes-6 Nays- 1 Koch-aye, Milschewski-aye, Funkhouser-aye, Tarulis-nay, Transier-aye, Plocher-aye, Frieders-aye

CITY COUNCIL REPORT

No report.

CITY CLERK' S REPORT

No report.

COMMUNITY& LIAISON REPORT

National Suicide Prevention and Action Month Proclamation Project

Alderman Frieders reported that he was able to attend the Illinois Suicide Prevention Alliance meeting at the Thompson Center in Chicago. There is currently a task force working on the 2020 plan of action for the Illinois Suicide Prevention Alliance. Alderman Frieders was also a guest at the Waubonsee Community College Fox Valley and Focus Program talking about the Suicide Prevention Program with Hope for the Day. He also met recently with Chief ofPolice Kristen Ziman from the City of Aurora to discuss what leaders can do in the future regionally and nationwide as it pertains to the mental health of law enforcement officers and first responders.

STAFF REPORT

No report.

ADDITIONAL BUSINESS

None.

CITIZEN COMMENTS

None.

EXECUTIVE SESSION

Mayor Purcell asked if anyone was interested in going into executive session to discuss the purchase of property. No motion was made; therefore, the City Council did not enter executive session.

ADJOURNMENT

Mayor Purcell entertained a motion to adjourn the City Council meeting. So moved by Alderman Frieders; seconded by Alderman Koch.

Motion unanimously approved by a viva voce vote.

Meeting adjourned at 8: 23 p.m.

https://www.yorkville.il.us/ArchiveCenter/ViewFile/Item/3323

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United City of Yorkville