United City of Yorkville City Council met June 9.
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 11 Milschewski Present ( electronic attendance)
Plocher Present ( electronic attendance— arrived at 7: 12 p.m.)
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 ofPolice Jensen, and Attorney Orr.
Staff in attendance electronically: City Clerk Pickering, Public Works Director Dhuse, Community Development Director Barksdale-Noble, Finance Director Fredrickson, Parks and Recreation Director Evans, Assistant City Administrator Willrett, 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 Orders 2020-33 and 2020-39), which suspends the provisions ofthe 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 ofthe 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: hiips:Hus02web. zoom.us/i/ 82862161653? pwd=azRUcDRZLINpOTFwSOoyNOViMWRzdz09. The Zoom meeting ID was 828 6216 1653.
QUORUM
A quorum was established.
AMENDMENTS TO THE AGENDA
None.
PRESENTATIONS
None.
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$ 50,000 and will address the urgent needs of the business due to the COVID-19 emergency on the following applications:
The IdeaPros Inc. DB/A Logo Factory and Treasure Breads, Inc.
Please see attached public hearing transcript from the court reporter regarding the public hearing portion of the meeting.
CITIZEN COMMENTS ON AGENDA ITEMS
None.
CONSENT AGENDA
None.
MINUTES FOR APPROVAL
Mayor Purcell entertained a motion to approve the minutes ofthe regular City Council meeting ofMay 26, 2020 as presented. So moved by Alderman Peterson; seconded by Alderman Milschewski.
Motion unanimously approved by a viva voce vote.
BILLS FOR PAYMENT
Mayor Purcell entertained a motion to approve the bill list in the amount of$ 87, 420. 63 ( vendors— FY 20); $ 147, 745. 37( vendors— FY 21); $ 293, 829. 72( payroll period ending 5/ 29/ 20); for a total of 528,995.72. So moved by Alderman Frieders; 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
Alderman Frieders— Black Lives Matter
Mayor Purcell said that Alderman Frieders had requested to read a statement under the Mayor' s Report.
Alderman Frieders read the following statement:
As a human, I am disgusted and devastated by the murder of George Floyd, an unarmed black man, by police in Minneapolis, Minnesota on May 25th, 2020.
The entire planet watched while one officer killed Mr. Floyd over 8 minutes and 46 seconds, as three other officers stood by and did nothing to intervene.
Our country has again been violently reminded that black lives cannot and will not matter in the shadow of systemic racism.
I am obligated as an elected official, but more importantly a human, to seriously look at how our words, our policies, and our actions contribute to the systemic racism that has been allowed to perpetuate every facet of life.
It is time to demand and facilitate change, immediately; inside our homes, our workplaces, our governing bodies, ourjustice system, our economy, and our police departments.
All lives do not matter until Black Lives Matter."
Downstate Small Business Stabilization Program Grant (CC 202048)
Resolution 2020- 52
of Support for a Community Development Block Grant Program Grant IdeaPros Inc D/B/A Logo Factory, 910 N. Bridge Street, Yorkville, IL)
Resolution 2020- 53
of Support for a Community Development Block Grant Program Grant (Treasure Breads, Inc., 305 W. Main Street, Yorkville, IL)
Mayor Purcell entertained a motion pursuant to Ordinance 2013- 31, to waive the procedural rule not to vote on items at the same meeting at which the public hearing on the matter has taken place. So moved by Alderman Funkhouser; seconded by Alderman Milschewski.
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 approve Resolutions of Support for Community Development Block Grant Program Grants for the following: Resolution 2020-52 for IdeaPros Inc DB/A Logo Factory for$ 25,000; Resolution 2020- 53 for Treasure Breads, Inc. for$ 25,000. So moved by Alderman Frieders; seconded by Alderman Koch.
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
Ordinance Amending Title 4 of the Yorkville City Code Adding Chapter 5: Civil Emergencies CC 2020- 49)
Mayor Purcell entertained a motion to approve an Ordinance Approving Amending Title 4 ofthe Yorkville City Code Adding Chapter 5: Civil Emergencies. So moved by Alderman Milschewski; seconded by Alderman Plocher.
Attorney Orr gave an overview ofthe proposed ordinance. She stated there are two ways the city has emergency powers vested in the Mayor. One method is through the Illinois Emergency Management Act. Under the Act, municipalities have an emergency plan which allows the Mayor the right to act for no more than 7 days. The emergency plan is focused on bringing various groups within the city together to discuss what needs to be done. The second method is through the Illinois Municipal Code, section 11- 1- 6, which requires an ordinance by the City Council giving the Mayor the authority to enact emergency powers. She said that many municipalities have codified the emergency powers directly into their code book. One ofthe benefits of codifying this ordinance on civil emergencies, is that in case of an emergency, the Mayor can take immediate action on items such as enacting a curfew, closing streets, and closing businesses instead ofhaving to wait to take action until a special City Council meeting can be called. She said that ifthe ordinance was approved, the city would be better prepared if it was necessary for the Mayor to act at a moment' s notice. Whatever actions taken would only be good until the next city council meeting. A special city council meeting could always be called by three aldermen ifthey felt that the emergency powers were not properly being used. It was questioned ifthe Mayor could rescind the declaration of emergency prior to the next council meeting if it the emergency declaration was not needed. Attorney Orr confirmed that the Mayor could rescind at any time.
Mayor Purcell asked the council ifthey wanted to vote on this ordinance. Alderman Frieders made a motion to table this item until the next pandemic. The motion failed due to lack of a second.
Alderman Funkhouser made a motion to table this item to the June 23, 2020 City Council meeting; seconded by Alderman Transier.
Motion to table 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
Ordinance Authorizing the Mayor to Enter into Agreements to Regulate Pedestrian and Vehicular Traffic on Commercial Properties (CC 2020- 50)
Mayor Purcell entertained a motion to approve an Ordinance Authorizing the Mayor to Enter into Agreements to Regulate Pedestrian and Vehicular Traffic on Commercial Properties. So moved by Alderman Tarulis; seconded by Alderman Peterson.
Attorney Orr explained that by Illinois Municipal Code, municipalities are allowed to enter into agreements with private property owners in order to be able to enforce parking regulations. She said there is a change that needs to be made to the ordinance and agreement that was included in the packet. She asked that the phrase" speed limits" be removed from Section 5- 7- 1 ofthe ordinance as well as being removed from Page 1, Item# 2 ofthe agreement. Alderman Tarulis and Alderman Peterson agreed to amend their motion to approve to include the deletion of the phrase" speed limits" as proposed by Attorney Orr.
Chief Jensen said that ifthe city enters into an agreement with a commercial property owner, the police department is allowed to enforce stopping, standing and parking on private property. An example would be if a customer parks in a fire lane, the police department could then write a ticket for that violation if there is an agreement in place with the commercial property owner. He said when it comes to the towing of vehicles, the business would need to have an agreement with a towing company and have signs posted on their property that unauthorized vehicles would be towed. Chief Jensen said that the police department would not be involved with the towing of vehicles as that would be a decision made by the property owner ifthey were going to call a tow company and have an unauthorized vehicle towed.
Discussion took place as to whether it was the job of the police department to patrol the parking lots of private businesses. It was also discussed that there were some concerns about liability to the city ifthe police department gets involved with the towing of vehicles.
Mayor Purcell asked if the aldermen would like to table this ordinance. Alderman Frieders made a motion to table this item to the July 2, 2020 Public Safety Committee meeting for further discussion; seconded by Alderman Koch.
Motion to table 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
PUBLIC WORKS COMMITTEE REPORT
Rebuild Illinois Grants Program Potential Applications (PW 2020- 34)
Administrator Olson gave an overview of the staff analysis for the proposed projects that could be considered for submittal to the Rebuild Illinois Grants Program. Through a review of grant materials and in conversations with DCEO employees, staff feels that projects need to score at least 80 out of 100 to be awarded a grant; however, ifthere are categories that receive less applications, a slightly lower scoring project might still be awarded. Staff is estimating that the Eldamain Road corridor infrastructure extension and the East Alley water main and environmental remediation projects might score in the mid to high 50' s on the state' s scoring system. Staffestimated that the water tower painting and the Elizabeth Street water main projects would only score in the mid 40' s. Ifthe council would like staffto submit grant applications, the cost would be$ 5, 000- $ 10, 000 per application for engineering staff time.
Alderman Frieders made a motion to submit grant applications for the Eldamain Road and East Alley projects; seconded by Alderman Funkhouser.
Motion approved by a roll call vote. Ayes- 8 Nays- 0 Frieders- aye, Peterson- aye, Koch- aye, Milschewski- aye, Funkhouser- aye, Tarulis- aye, Transier- aye, Plocher- aye
ECONOMIC DEVELOPMENT COMMITTEE REPORT
No report.
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
No report.
PARK BOARD
Drive- in Moves
Director Evans reported that the first drive-in move of the year will be held at the NCG Yorkville theatre on Friday, June 12'. The next drive-in move is scheduled for Thursday, June 25' and will be held at Raging Waves waterpark. Advance registration for the drive-in movies is required.
Youth Sports Programs
Director Evans also reported that baseball, softball, and soccer youth sports programs would be starting to hold practices next week.
PLANNING AND ZONING COMMISSION
No report.
CITY COUNCIL REPORT
Hope for the Day Alderman Frieders reported that he is continuing his work with Hope for the Day. On July 17" from 7:00 p.m. until 7:45 p.m., in conjunction with the Westmont Public Library, they will hold a virtual discussion on mental health and pro-active suicide prevention.
Library Grant
Alderman Transier reported that the Yorkville Public Library was awarded a$ 21, 000 grant from the State of Illinois.
CITY CLERK' S REPORT
No report.
COMMUNITY& LIAISON REPORT
No report.
STAFF REPORT
No report.
MAYORS REPORT ( cont' d)
Outdoor Eating Areas
Mayor Purcell thanked all the city staffwho worked to help the restaurants and bars expand their outdoor eating areas. He said that he had received many compliments from local businesses on the assistance they received from the city.
Fourth of July
Mayor Purcell said that the city would still be doing fireworks on Fourth of July this year, unless it is not allowed by the Governor. As far as the parade goes, a few different ideas are being considered but a final decision has not been made yet.
FY 20 Budget Update
Mayor Purcell said that staff is estimating that the city will have a$ 500,000 general fund surplus for the FY 20 budget which ended on April 30, 2020.
FY 21 Budget Update (CC 2020- 51)
Administrator Olson gave a brief update on the FY 21 budget. After the packet was distributed, the city received sales, income, and use tax figures for March 2020. The March consumer sales and use taxes were flat while income taxes are down from the year prior. Administrator Olson did remark that these figures are generally above the city' s estimated worst-case scenario figures.
Kendall Marketplace Residential Update
Mayor Purcell said that construction is almost ready to start on the townhome portion ofthe Kendall Marketplace development.
ADDITIONAL BUSINESS
None.
CITIZEN COMMENTS
None.
EXECUTIVE SESSION
Mayor Purcell said that an executive session would not be held this evening.
ADJOURNMENT
Mayor Purcell entertained a motion to adjourn the City Council meeting. So moved by Alderman Frieders; seconded by Alderman Funkhouser.
Motion unanimously approved by a viva voce vote.
Meeting adjourned at 8: 37 p.m.
https://www.yorkville.il.us/ArchiveCenter/ViewFile/Item/3563
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