United City of Yorkville City Council met May 12.
Here is the minutes provided by the council:
Mayor Purcell called the meeting to order at 7:04 p.m. and led the Council in the Pledge of Allegiance.
ROLL CALL
City Clerk Pickering called the roll.
Ward I Koch Present ( electronic attendance)
Transier Present ( electronic attendance)
Ward II Milschewski Present ( electronic attendance)
Plocher Present ( electronic attendance)
Ward III Funkhouser Present ( electronic attendance)
Frieders Present ( electronic attendance)
Ward IV Tarulis Present ( electronic attendance)
Peterson Present ( electronic attendance)
Staff in attendance at city hall: City Administrator Olson, Chief of Police Jensen, and Attorney Orr.
Staff in attendance electronically: City Clerk Pickering, Public Works Director Dhuse, Community Development Director Barksdale-Noble, Finance Director Fredrickson, Assistant City Administrator Willrett, Parks Superintendent Sleezer, Recreation Superintendent Remus, and EEI Engineer Sanderson.
Clerk' s Note: Due to COVID- 19, requirements of the Open Meetings Act have been temporarily suspended by Governor Pritzker via Executive Order 2020-07( which was extended by Executive Order 2020- 33), which suspends the provisions of the Open Meetings Act, 5 ILCS 120, " Specifically, ( 1) the requirement in 5 ILCS 120/2.01 that" members of a public body must be physically present" is suspended; and( 2) the condition in 5 ILCS 120/7 limiting when remote participation is permitted are suspended".
Members of the public were able to attend this meeting in person while practicing social distancing as well as being able to access the meeting remotely via Zoom which allowed for video, audio and telephonic participation.
A meeting notice was posted on the city' s website on the agenda, minutes and packets webpage with instructions regarding remote meeting access and a link was included for the public to participate in the meeting remotely: https:Hus02web.zoom.us/j/82220859907? pwd=OEVIUWJHL1hsU2luSnh3OHa4bDZOOT09. The Zoom meeting ID was 822 2085 9907.
QUORUM
A quorum was established.
AMENDMENTS TO THE AGENDA
Alderman Funkhouser asked ifMayor' s Report Item# 5— FY 21 Budget Update listed on the second Mayor' s Report of the agenda could be moved forward on the agenda to occur during the first Mayor' s Report section of the agenda. Mayor Purcell and members of the council agreed to move this item forward on the agenda.
PRESENTATIONS
None.
CITIZEN COMMENTS ON AGENDA ITEMS
James Brown, Yorkville resident, submitted a written comment regarding Planning and Zoning Commission Item# 2— Final Plat ofKendall Marketplace Lot 52 Phase 1 Resubdivision which was read aloud at the meeting by Mayor Purcell as follows: " As a Yorkville resident for the last nine years, and hopefully many more to come, my concern, as it pertains to the new development, is that it does not become another Market Place Apartments development. Yorkville needs to continue to attract people regardless of Race, Religion, Etc.) that compliment this wonderful City, and strive to keep Yorkville a great place to live and raise a family. Creating an atmosphere where evil can take root and flourish should not be allowed in Yorkville. As representatives ofthe City of Yorkville, it is your duty to maintain the integrity of this great City, and to maintain that integrity going forward. Thank you for your time, and keep up the good work. Be safe, Jim Brown."
Kathleen West, in electronic attendance via Zoom, stated that her law firm represents Abby Properties which purchased the townhome portion of the Kendall Marketplace PUD. In its application Abby Properties requested deviation from the design standards established in the original PUD, a reduction in the land cash fees, and a final plat of subdivision for the first phase of the development. She stated that Abby Properties has withdrawn the first two requests and is now only seeking final plat approval. Attorney West said the final plat is in substantial conformance with the concept plan approved in the Kendall Marketplace PUD in 2006. Abby Properties is asking for council approval on their final plat.
CONSENT AGENDA
None.
MINUTES FOR APPROVAL
None.
BILLS FOR PAYMENT
Mayor Purcell entertained a motion to approve the bill list in the amount of$ 264, 033. 55 ( vendors— FY 20); $ 197, 265, 92( vendors— FY 21); $ 290,464.07( payroll period ending 5/ 1/ 20); for a total of 751, 763. 54. So moved by Alderman Peterson; seconded by Alderman Milschewski.
Motion approved by a roll call vote. Ayes- 8 Nays- 0 Koch- aye, Milschewski- aye, Funkhouser- aye, Tarulis- aye, Transier- aye, Plocher- aye, Frieders- aye, Peterson- aye
REPORTS
MAYOR' S REPORT
FY 21 Budget Update
(CC 2020- 42)
Administrator Olson reported that a budget update memo could be found in the meeting packet. He proceeded to give an update on the budget. Items highlighted include the historic levels ofunemployment filings; the IML release ofits state revenues estimates for municipalities; the release ofthe March sales tax reports for pre- shut down February consumer sales; income taxes, general use taxes and MFT taxes; and the negotiation of a one-year pause of the Unified Development Ordinance which is a combination of the city' s building code and zoning code with the result that the project can be restarted in the next year with no change in the contract price.
Selection of Mayor Pro Tem for Fiscal Year 2021
(CC 2020- 36)
Mayor Purcell requested nominations for Mayor Pro Tem for Fiscal Year 2021. Alderman Frieders nominated Alderman Milschewski. Nominations were closed. Mayor Purcell entertained a motion to appoint Alderman Milschewski as Mayor Pro Tem for Fiscal Year 2021. So moved by Alderman Frieders; seconded by Alderman Transier.
Motion approved by a roll call vote. Ayes- 7 Nays- 0 Present- 1 Milschewski-present, Funkhouser-aye, Tarulis-aye, Transier-aye, Plocher- aye, Frieders- aye, Peterson- aye, Koch- aye
Resolution 2020- 35 Authorizing the Repair of Well No. 8 and 9 Water Treatment Plant Cation Exchange Vessel
(CC 2020- 37)
Mayor Purcell entertained a motion to approve a Resolution Authorizing the Repair of Well No. 8 and 9 Water Treatment Plant Cation Exchange Vessel. So moved by Alderman Frieders; seconded by Alderman Milschewski.
Motion approved by a roll call vote. Ayes- 8 Nays- 0 Funkhouser- aye, Tarulis- aye, Transier- aye, Plocher- aye, Frieders- aye, Peterson- aye, Koch- aye, Milschewski- aye
PUBLIC WORKS COMMITTEE REPORT
No report.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
Resolution 2020- 36 Approving the Third Amendment License Agreement
AT& T Parking Lot—SE Corner of W. Hydraulic Street and S. Main Street)
(CC 2020- 38)
Alderman Milschewski made a motion to approve a Resolution Approving the Third Amendment License Agreement( AT& T Parking Lot— SE Corner of W. Hydraulic Street and S. Main Street) and authorize the Mayor and City Clerk to execute; seconded by Alderman Koch.
Discussion took place regarding the number ofparking spaces that this license agreement covers. The graphic included in the packet depicts a row of parking spaces numbered 1 through 16, located along Main Street as well as additional parking spaces numbered 17 through 21that are located next to the west alley. It was asked ifthis agreement covers all 21 parking spaces. Staff responded that the agreement included the same parking spaces that have always been covered under this agreement; however, it was unclear ifparking spaces 17-21 were included within this agreement or not. Mayor Purcell asked ifthe council wished to vote on the license agreement as presented and staff could get a clarification after the meeting. Attorney Orr was asked ifthe council could vote on this conditioned upon the clarification of the final number of spaces. Attorney Orr responded that this condition could be added to the motion.
Alderman Milschewski restated her motion to include the condition. Alderman Milschewski made a motion to approve a Resolution Approving the Third Amendment License Agreement( AT&T Parking Lot— SE Corner of W. Hydraulic Street and S. Main Street) on the condition that there be a clarification on the specific number of parking spaces that may be utilized by the city and authorize the Mayor and City Clerk to execute; seconded by Alderman Koch.
Motion approved by a roll call vote. Ayes- 8 Nays- 0 Tarulis- aye, Transier- aye, Plocher- aye, Frieders- aye, Peterson- aye, Koch- aye, Milschewski- aye, Funkhouser- aye
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
No report.
PARK BOARD
Resolution 2020- 37 Authorizing the Purchase ofFour Playgrounds for the Beecher, Purcell, Caledonia, and North Autumn Creek Parks from Play Illinois Burke Playground Manufacturer in the Amount Not to Exceed $ 228, 531. 54
(CC 2020- 39)
Mayor Purcell entertained a motion to approve a Resolution Authorizing the Purchase of Four Playgrounds for the Beecher, Purcell, Caledonia, and North Autumn Creek Parks from Play Illinois Burke Playground Manufacturer in the amount not to exceed$ 228,531. 54. So moved by Alderman Milschewski; seconded by Alderman Frieders.
Motion approved by a roll call vote. Ayes- 8 Nays- 0 Transier- aye, Plocher- aye, Frieders- aye, Peterson- aye, Koch-aye, Milschewski-aye, Funkhouser-aye, Tarulis-aye
PLANNING AND ZONING COMMISSION
Ordinance 2020- 27 Approving the Final Plat of the Menard's Commercial Commons Seventh Addition Resubdivision
(PZC 2020- 02 and EDC 2020- 11)
Mayor Purcell entertained a motion to approve an Ordinance Approving the Final Plat of the Menard' s Commercial Commons Seventh Addition Resubdivision. So moved by Alderman Frieders; seconded by Alderman Koch.
Motion approved by a roll call vote. Ayes- 8 Nays- 0 Plocher- aye, Frieders- aye, Peterson- aye, Koch- aye, Milschewski- aye, Funkhouser- aye, Tarulis- aye, Transier- aye
Ordinance 2020- 28 Approving the Final Plat of Kendall Marketplace
Lot 52 Phase 1 Resubdivision
(PZC 2020- 03 and EDC 2020- 12)
Mayor Purcell entertained a motion to approve an Ordinance Approving the Final Plat ofKendall Marketplace Lot 52 Phase 1 Resubdivision. So moved by Alderman Plocher; seconded by Alderman Transier.
Discussion took place that approval of this final plat is procedural as the submitted final plat does not change the content of the concept plan that was approved in 2006 when the Kendall Marketplace
development was approved. It was mentioned that the townhome portion of this project has been a challenging topic as existing residents thought the city would have more say in this portion of the project. The developer is entitled to build these townhomes with the conditions that were approved back in 2006.
Residents had also raised concerns regarding parking and traffic. After reviewing the proposed parking, there will be parking available in front of each ofthe garages for the residents to use. With the increased traffic that will be utilizing Blackberry Shore Lane, it was mentioned that a full parking restriction on the north side of street should remain in place. Regarding the concerns about increased traffic on Blackberry Shore Lane, it was mentioned that the police department had monitored the current traffic and speeds in order to get a baseline of what traffic is currently like to compare to the traffic flow in the future once the townhome development goes in.
Motion approved by a roll call vote. Ayes- 6 Nays- 2 Frieders- aye, Peterson- aye, Koch-aye, Milschewski- aye, Funkhouser- nay, Tarulis- nay, Transier- aye, Plocher- aye
Mayor Purcell said that he appreciates the time that staff put in on this project as well as the residents' comments on this matter.
CITY COUNCIL REPORT
No report.
CITY CLERK' S REPORT
No report.
COMMUNITY& LIAISON REPORT
No report.
STAFF REPORT
No report.
PUBLIC HEARINGS
Public Hearing for Proposed Downstate Small Business Stabilization Applications Funded by Community Development Block Grant( CDBG) Funds, the total amount ofCDBG funds to be requested is $436,644.00 and will address the urgent needs of the business due to the COVID- 19 emergency on the following applications:
Advanced Physical Medicine of Yorkville, Ltd, AGJS Inc DBA Tiki Tan, BH Martial Arts, C& C Studios, Inc dba Virtues In Motion Dance Studio, Brenart Eye Clinic, LLC, COPA Inc. DBA Salsa Verde Mexican Restaurant& Taqueria, Duy' s Incorporated, Harmony Aesthetics, LLC, Haven Yorkville, LLC DBA Haven Medical Spa, The Heartland School LLC, Idea Marketing Group Inc., Mike& Denise' s Pigeon Hill Diner Inc., NCTHOMPSON Inc.
Assumed Name Crossfit Exemplify), Sterchi Chiropractic, S. C., The Law Office Corporation, Thompson Chiropractic Clinic Inc. (DBA Exemplify Health Center), Upper Crust Catering Inc., White Water Ice Cream, LLC, DBA Foxy' s Ice Cream
Please see attached public hearing transcript from the court reporter regarding the public hearing portion of the meeting.
MAYORS REPORT( cont' d)
Ordinance 2020- 29 Amending Title 4 of the City Code by Adding Chapter 7( Fair Housing) CC 2020- 40)
Mayor Purcell entertained a motion to approve an Ordinance Amending Title 4 of the City Code by Adding Chapter 7( Fair Housing). So moved by Alderman Milschewski; seconded by Alderman Peterson.Motion approved by a roll call vote. Ayes- 8 Nays- 0
Peterson- aye, Koch-aye, Milschewski- aye, Funkhouser-aye, Tarulis- aye, Transier- aye, Plocher- aye, Frieders- aye
Downstate Small Business Stabilization Program Grant
(CC 2020- 41)
Resolution 2020- 17 of Support for a Community Development Block Grant Program Grant Advanced Physical Medicine of Yorkville, Ltd, 207 Hillcrest Avenue, Suite A, Yorkville, IL)
Resolution 2020- 18 of Support for a Community Development Block Grant Program Grant AGJS Inc DBA Tiki Tan, 728 E. Veterans Parkway, Yorkville, IL)
Resolution 2020- 19 of Support for a Community Development Block Grant Program Grant BH Martial Arts, 664 W Veterans Parkway, Yorkville, IL)
Resolution 2020- 20 ofSupport for a Community Development Block Grant Program Grant Brenart Eye Clinic, LLC, 120 E. Countryside Parkway, Yorkville, IL)
Resolution 2020- 21 ofSupport for a Community Development Block Grant Program Grant C & C Studios, Inc dba Virtues In Motion Dance Studio, 104 Beaver Street, Yorkville, IL)
Resolution 2020- 22 ofSupport for a Community Development Block Grant Program Grant Duy' s Incorporated, 135 E. Veterans Parkway, Yorkville, IL)
Resolution 2020- 23 of Support for a Community Development Block Grant Program Grant Harmony Aesthetics, LLC 223 S. Bridge Street, Yorkville, IL)
Resolution 2020- 24 of Support for a Community Development Block Grant Program Grant Haven Yorkville, LLC dba Haven Medical Spa, 120 E. Countryside Parkway, Yorkville, IL)
Resolution 2020- 25 of Support for a Community Development Block Grant Program Grant The Heartland School, LLC, 708 E. Veteran' s Parkway, Yorkville, IL)
Resolution 2020- 26 of Support for a Community Development Block Grant Program Grant Idea Marketing Group Inc., 51 Fox Glen Drive W, Yorkville, IL)
Resolution 2020- 27 of Support for a Community Development Block Grant Program Grant Mike& Denise' s Pigeon Hill Diner Inc., 728 E. Veteran' s Parkway, Yorkville, IL)
Resolution 2020- 28 of Support for a Community Development Block Grant Program Grant NCTHOMPSON Inc. (Assumed Name Crossfit Exemplify), 634 W. Veterans Parkway, Yorkville, IL)
Resolution 2020- 29 of Support for a Community Development Block Grant Program Grant COPA Inc. DBA Salsa Verde Mexican Restaurant& Taqueria, 634 Veterans Parkway, Unit F, Yorkville, IL)
Resolution 2020- 30 of Support for a Community Development Block Grant Program Grant Sterchi Chiropractic, S. C., 54 W. Countryside Parkway, Yorkville, IL)
Resolution 2020- 31 of Support for a Community Development Block Grant Program Grant The Law Office Corporation, 759 John Street, Yorkville, IL)
Resolution 2020- 32 of Support for a Community Development Block Grant Program Grant Thompson Chiropractic Clinic Inc.( DBA Exemplify Health Center), 728 E. Veterans Parkway, Yorkville, IL)
Resolution 2020- 33 of Support for a Community Development Block Grant Program Grant Upper Crust Catering Inc., 109 E. Hydraulic Street, Yorkville, IL)
Resolution 2020- 34 of Support for a Community Development Block Grant Program Grant White Water Ice Cream, LLC, DBA Foxy' s Ice Cream, 131 Hydraulic Street, Yorkville, IL)
Mayor Purcell entertained a motion to approve the Downstate Small Business Stabilization Program Grant including Resolutions of Support for Community Development Block Grant Programs for Advanced Physical Medicine of Yorkville, Ltd, 207 Hillcrest Avenue, Suite A, Yorkville; AGJS Inc DBA Tiki Tan, 728 E. Veterans Parkway, Yorkville; BH Martial Arts, 664 W. Veterans Parkway, Yorkville; Brenart Eye Clinic, LLC, 120 E. Countryside Parkway, Yorkville; C& C Studios, Inc dba Virtues In Motion Dance Studio, 104 Beaver Street, Yorkville; Duy' s Incorporated, 135 E. Veterans Parkway, Yorkville; Harmony Aesthetics, LLC, 223 S. Bridge Street, Yorkville; Haven Yorkville, LLC DBA Haven Medical Spa, 120 E. Countryside Parkway, Yorkville; The Heartland School LLC, 708 E. Veterans Parkway, Yorkville; Idea Marketing Group Inc., 51 Fox Glen Drive W, Yorkville; Mike& Denise' s Pigeon Hill Diner Inc., 728 E. Veterans Parkway, Yorkville; NCTHOMPSON Inc. (Assumed Name Crossfit Exemplify), 634 W. Veterans Parkway, Yorkville; COPA Inc. DBA Salsa Verde Mexican Restaurant& Taqueria, 634 Veterans Parkway, Unit F, Yorkville; Sterchi Chiropractic, S.C., 54 W. Countryside Parkway, Yorkville; The Law Office Corporation, 759 John Street, Yorkville; Thompson Chiropractic Clinic Inc. (DBA Exemplify Health Center), 728 E. Veterans Parkway, Yorkville; Upper Crust Catering Inc., 109 E. Hydraulic Street, Yorkville; White Water Ice Cream, LLC, DBA Foxy' s Ice Cream, 131 E Hydraulic Street, Yorkville. All of the businesses are requesting funds in the amount of 25, 000 per business with the exception of Harmony Aesthetics, LLC which is requesting funds in the amount of$ 11, 644. So moved by Alderman Tarulis; seconded by Alderman Peterson.
Mayor Purcell stated that to be clear these are not approved until the city enters into an agreement with Kendall County, and then these applications will be sent to the state. The state will have the final approval as to whether the businesses will receive the funding that they are requesting.
Motion approved by a roll call vote. Ayes- 8 Nays- 0 Milschewski- aye, Funkhouser- aye, Tarulis- aye, Transier- aye, Plocher- aye, Frieders- aye, Peterson- aye, Koch- aye
Mayor Purcell entertained a motion to acknowledge the suspension ofthe procedural requirement not to vote on any motion on the same night as the public hearing. So moved by Alderman Funkhouser; seconded by Alderman Milschewski.
Motion approved by a roll call vote. Ayes- 8 Nays- 0 Koch- aye, Milschewski- aye, Funkhouser- aye, Tarulis- aye, Transier- aye, Plocher- aye, Frieders- aye, Peterson- aye
ADDITIONAL BUSINESS
None.
CITIZEN COMMENTS
None.
EXECUTIVE SESSION
None.
ADJOURNMENT
Mayor Purcell entertained a motion to adjourn the City Council meeting. So moved by Alderman Frieders; seconded by Alderman Peterson.
Motion unanimously approved by a viva voce vote.
Meeting adjourned at 8: 32 p.m.
https://www.yorkville.il.us/ArchiveCenter/ViewFile/Item/3522
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