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City of Yorkville City Council Met July 28

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City of Yorkville City Council met July 28.

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 (electronic attendance)

Transier Present (electronic attendance)

Ward II Milschewski Present (electronic attendance)

Plocher Present

Ward III Funkhouser Present

Frieders Absent

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, Parks and Recreation Director Evans, Assistant City Administrator Willrett, Purchasing Manager Parker and EEI Engineer Sanderson.

Clerk' s Note: Due to COVID- 19, in accordance with Public Act 101- 0640 and Gubernatorial Disaster Proclamation issued by Governor Pritzker pursuant to the powers vested in the Governor under the Illinois Emergency Management Act, the United City ofYorkville encouraged social distancing by allowing remote attendance to the City Council meeting.

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: https://us02web. zoom.us/i/89425170483? pwd= cTBgbVRpMEpPUzV2SWliWiNSNHExOT09.

The Zoom meeting ID was 894 2517 0483.

Mayor Purcell stated that he has determined under the Governor' s orders and the concerns over COVID19, that the meeting can be held with electronic attendance in order to maintain social distancing.

QUORUM

A quorum was established.

AMENDMENTS TO THE AGENDA

Mayor Purcell stated that the Public Works Committee agenda item# 5 for the Rebuild Illinois Grant Program would be discussion only and would not be voted on this evening.

PRESENTATIONS

Advanced Disposal Recycling Presentation

Bob Pfister, the municipal marketing manager for Advanced Disposal, gave a brief presentation on recycling. He went over items that are acceptable to recycle such as cardboard, paper, aluminum cans, metal containers, plastic bottles, jars, jugs and containers. He also went over common items that cannot be recycled such as plastic shopping bags, Styrofoam, shredded paper, baby diapers, hypodermic needles, batteries, pizza boxes, donut boxes, and other containers that are contaminated with food. He also mentioned that with the current COVID- 19 crisis, disposable masks and gloves cannot be recycled and should be disposed of with the regular garbage.

After the presentation, Mr. Pfister was asked if residents that chose to have a smaller trash receptable could have the large recycling receptable or do both containers have to be the smaller size in order to qualify for a fee reduction. Mr. Pfister said that he would check into that question. Mr. Pfister was also asked what the contamination rate of the city' s recycling was. He responded that Yorkville has a 20% recycling contamination rate. This means that 20% of the items that are placed in recycling containers cannot be recycled and must be sorted through and disposed of at the processing facility. Mayor Purcell asked ifAdvanced Disposal could send out a direct mailer on recycling to Yorkville residents. He mentioned that he felt it would be very helpful for the residents.

PUBLIC HEARINGS

1. Rebuild Illinois— Shovel Ready Site Grant Program— East Alley Utility Work

Please see attached transcript from the court reporter regarding the public hearing portion of the meeting.

CITIZEN COMMENTS ON AGENDA ITEMS

None.

CONSENT AGENDA

1. Treasurer' s Report for June 2020 ( ADM 2020- 46)

Mayor Purcell entertained a motion to approve the consent agenda as presented. So moved by Alderman Plocher; seconded by Alderman Funkhouser.

Motion approved by a roll call vote. Ayes- 7 Nays- 0

Koch- aye, Milschewski-aye, Funkhouser- aye, Tarulis- aye, Transier- aye, Plocher- aye, Peterson- aye

MINUTES FOR APPROVAL

Mayor Purcell entertained a motion to approve the minutes of the regular City Council meeting of July 14, 2020 as presented. So moved by Alderman Milschewski; seconded by Alderman Peterson.

Motion approved by a roll call vote. Ayes- 7 Nays- 0

Koch- aye, Milschewski- aye, Funkhouser- aye, Tarulis- aye, Transier- aye, Plocher- aye, Peterson- aye

BILLS FOR PAYMENT

Mayor Purcell entertained a motion to approve the bill list in the amount of$ 15, 985. 09 (vendors— FY 20); $1,024,766. 64( vendors— FY21); $296, 707.45 (payroll period ending 7/10/ 20); for a total of 1,337,459. 18. So moved by Alderman Plocher; seconded by Alderman Koch.

Motion approved by a roll call vote. Ayes- 7 Nays- 0

Koch- aye, Milschewski- aye, Funkhouser- aye, Tarulis- aye, Transier- aye, Plocher- aye, Peterson- aye

Mayor Purcell asked that the Bills for Payment and Minutes for Approval be put on the consent agenda for the next City Council meeting.

REPORTS

MAYOR' S REPORT

Appointments to Boards and Commissions

(CC 2020- 54)

Mayor Purcell entertained a motion to approve the Mayor' s appointments of Bob Johnson to the Board of Fire & Police Commission to a term ending May 2023; Ruben Rodriguez to the Board of Fire & Police Commission to a term ending May 2021; Darren Crawford to the Library Board to a term ending May 2023; Theron Garcia to the Library Board to a term ending May 2023; Greg Millen to the Planning and Zoning Commission to a term ending May 2024; and Jeff Burgner to the Police Pension Fund Board to a term ending May 2021. So moved by Alderman Koch; seconded by Alderman Peterson.

Mayor Purcell thanked all the appointees for volunteering their time to serve on these boards and commissions.

Motion approved by a roll call vote. Ayes- 7 Nays- 0

Milschewski- aye, Funkhouser- aye, Tarulis- aye, Transier- aye, Plocher- aye, Peterson- aye, Koch- aye

PUBLIC WORKS COMMITTEE REPORT

Ordinance 2020- 37 Approving a Plat of Easement Abrogation

(Kendall Marketplace)

(PW 2020- 42)

Alderman Plocher made a motion to approve an Ordinance Approving a Plat of Easement Abrogation Kendall Marketplace) and authorize the Mayor and City Clerk to execute; seconded by Alderman Koch Motion approved by a roll call vote. Ayes- 7 Nays- 0

Funkhouser- aye, Tarulis- aye, Transier- aye, Plocher- aye, Peterson- aye, Koch- aye, Milschewski- aye

MFT Resolution 2020- 58 for 2020 Striping Program

(PW 2020- 43)

Alderman Plocher made a motion to approve an MFT Resolution for the 2020 Striping Program and authorize the Mayor and City Clerk to execute; seconded by Alderman Funkhouser.

Motion approved by a roll call vote. Ayes- 7 Nays- 0

Tarulis-aye, Transier-aye, Plocher-aye, Peterson- aye, Koch- aye, Milschewski- aye, Funkhouser- aye

Beaver Street Booster Pump Station

Engineering Agreement

(PW 2020- 44)

Alderman Plocher made a motion to approve a Professional Services Agreement— Design and Construction Engineering for the Beaver Street Pump Station Improvements and authorize the Mayor and City Clerk to execute; seconded by Alderman Milschewski.

Mayor Purcell explained that council would be voting tonight only on the engineering agreement for the design of a Beaver Street Booster Pump Station Standby Generator. Once the design work is completed, the standby generator improvements will be bid out and the results will be brought back to the City Council for a vote.

Motion approved by a roll call vote. Ayes- 7 Nays- 0

Transier- aye, Plocher- aye, Peterson- aye, Koch- aye, Milschewski- aye, Funkhouser- aye, Tarulis- aye

Resolution 2020- 59 in Support of the "Wyland Mayor' s Challenge for Water Conservation"

(PW 2020- 45)

Alderman Plocher made a motion to approve a Resolution in Support of the "Wyland Mayor's Challenge for Water Conservation" and authorize the Mayor and City Clerk to execute; seconded by Alderman Transier.

Assistant Administrator Willrett explained that this is the third year that the city will be participating in this program. Yorkville has finished in the top 20 in the country the past two years when compared to similar size communities. It was mentioned that the Public Works Committee had discussed providing some local prizes to encourage more residents to participate. Assistant Administrator Willrett said that there are a few prizes that are being offered through the challenge. Residents could win up to $3, 000 that can be applied to their utility payment for the year and they could also win several environmentally friendly products. One lucky person will win a Toyota car that will be donated to the charity of their choice. She said that the city could look into other sponsors for the future.

Motion approved by a roll call vote. Ayes- 7 Nays- 0

Plocher-aye, Peterson- aye, Koch-aye, Milschewski- aye, Funkhouser- aye, Tarulis- aye, Transier- aye

Rebuild Illinois Grants Program Application

East Alley Infrastructure

Eldamain Road Infrastructure

(PW 2020-46)

Mayor Purcell said this item would be discussion only. Assistant Administrator Willrett said that a Resolution of Support for the East Alley project would be brought to the next City Council meeting for a vote. The city will not be requesting any local funds to go toward the East Alley project.

Assistant Administrator Willrett said that for the Eldamain Road project, the grant award maximum is 2, 000,000 with a total estimated project cost of over$ 4,000, 000. To move forward with a grant application, this project would need council approval of a Resolution of Support of Intent to go out for a bond to pay for the city' s portion of the project cost if the city receives the grant. The Eldamain Road project will be on the next City Council agenda for a public hearing.

Ordinance 2020- 38 Amending Title 7 of Chapter 6 of the Yorkville City Code

(Sewer Ordinance)

(PW 2020- 47)

Alderman Plocher made a motion to approve an Ordinance Amending Title 7 Chapter 6 of the Yorkville City Code( Sewer Ordinance) and authorize the Mayor and City Clerk to execute; seconded by Alderman Funkhouser.

Motion approved by a roll call vote. Ayes- 7 Nays- 0

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

Resolution 2020- 60 Ratifying a Master Contract by and between

Gov ITC and InterDev, LLC

(ADM 2020- 17)

Alderman Funkhouser made a motion to approve a Resolution Ratifying a Master Contract by and between Gov ITC and InterDev, LLC 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, Peterson- aye

Ordinance Regarding City Council Procedures— First Reading

(ADM 2020- 39)

Alderman Funkhouser said this ordinance came out of the Administration Committee for discussion by the City Council. Mayor Purcell clarified that Alderman Funkhouser was the author of the proposed changes. Alderman Funkhouser said that most of the ordinance involves procedures for what the council members have experienced over the years.

Administrator Olson went over a couple of components that were included within the proposed ordinance regarding how items are added to agendas and how they relate to existing state law. He explained that special City Council meetings can be called by either the Mayor or by any three Aldermen. When a special City Council meeting is called, the agenda is set by the Mayor or by the three Aldermen calling the special meeting. The underlying theory to this, infers that the Mayor can add any item to an agenda as well as any three aldermen can also add any item to an agenda. One of the proposed changes would limit the authority of the Mayor to add items to the agenda unless he had concurrence from the respective committee chairman on that agenda item. It would also change the number of aldermen that can add anything to an agenda.

Administrator Olson said that the city attorney had also raised some additional concerns regarding control of the meeting and recognizing people who wish to speak as she felt these changes are potentially in opposition to the underlying premise that the Mayor presides over the City Council meetings.

Attorney Orr said the proposed ordinance also suggests that nothing would come to the City Council without an affirmative vote of three members of a committee. This would give control over any matter to less than a simple majority of the City Council. She thinks this provision may be subject to a legal question. Attorney Orr was asked if instead of it being worded that items coming out of committee would need three affirmative votes, could the ordinance instead be reworded to state that committees should make either a positive recommendation, a negative recommendation, or a first reading for the City Council agenda. Attorney Orr gave the example of the Planning and Zoning Commission( PZC). The PZC is required to take a vote on all items; however, even items that are voted down by the PZC do not end there, as the items still move forward to the City Council to make a final determination. She said that if the intent is to make the committee' s wishes known, then yes, it might be possible that every item on an agenda of a committee must be voted up or down. It would result in items moving forward to the City Council agenda with the position of the committee being known for each item.

Alderman Funkhouser mentioned that after this discussion, he would be okay with the removal of the provision that the Mayor could only add items to the City Council agenda with the concurrence of the committee chairman.

Mayor Purcell mentioned that he does not mind the suggested change of having one member from each ward on each committee if that is what the council would like to see. He also mentioned that he understands the concept of listing suggested items for each committee; however, he doesn't like the idea of limiting items only to specific committees. He feels that there may be situations in which different committees would like to discuss the same item.

Attorney Orr also commented about the proposed change to allow citizen comments on any matter at the beginning of the meeting instead of being limited to comments about agenda items only with all nonagenda comments waiting until the end of the meeting. She said the current method of two citizen comment sections seems to be working well for the City Council to get its business conducted while still allowing the public to comment. She said in years past, that was not always the case and the business of the council was delayed due to public comment being made that was not relevant to the business being considered at the meeting. She also mentioned that Yorkville' s practice of using two separate comment sections( beginning of the meeting for agenda items and end of meeting for any other comment) has now been widely adopted by many other municipalities.

Mayor Purcell said this item will return to the City Council for further discussion. He said if any of the council members had any further thoughts on this ordinance, they should email proposed changes to Administrator Olson.

Ordinance 2020- 39 Amending the Yorkville City Code, Title 1, Chapter 7, Section 3:

Contracts and Purchases

(ADM 2020- 5 1)

Alderman Funkhouser made a motion to approve an Ordinance Amending the Yorkville City Code, Title 1, Chapter 7, Section 3: Contracts and Purchases and authorize the Mayor and City Clerk to execute; seconded by Alderman Peterson.

Motion approved by a roll call vote. Ayes- 7 Nays- 0

Tarulis- aye, Transier- aye, Plocher- aye, Peterson- aye, Koch- aye, Milschewski- aye, Funkhouser- aye

4' Quarter Budget Review— Fiscal Year 2020

(ADM 2020- 49)

Alderman Funkhouser stated that this item was informational, and he asked Director Fredrickson if he would give an overview of the budget report. Director Fredrickson said that for FY 2020, most of the city' s revenue streams have been fairly resilient so far despite the pandemic. Sales tax revenues are projected to end around 3. 2 million which is a 5% increase year over year. Non- home rule sales tax is projected to end around 2.4 million and local use taxes are projected to increase 15% for FY 2020. Income tax is projected to decrease by 5% resulting in approximately 1. 87 million dollars. The general fund is expected to have a total revenue of approximately 16. 6 million with total expenditures of 15. 9 million resulting in an estimated surplus of $630, 000. He said the city' s fund balance should end around 7. 5 million; however, when you include the TIF districts which have a negative fund balance of approximately 2. 5 million, the resulting fund balance is around 5 million dollars or 32% of fund balance.

PARK BOARD

No report.

PLANNING AND ZONING COMMISSION

No report.

CITY COUNCIL REPORT

No report.

CITY CLERK' S REPORT

No report.

COMMUNITY& LIAISON REPORT

Aurora Area Convention & Visitors Bureau ( AACVB)

Alderman Funkhouser reported that at the start of the pandemic, the Aurora Area Convention& Visitors Bureau( AACVB) took steps to reduce their budget expenses since they anticipated there would be some reductions in the grant funds they receive from the Local Tourism and Convention Bureau( LTCB). They planned on a 40% reduction in funding which would equate to a funding loss of approximately$ 180,000.

The actual funding cut ended up being 45%; however, the state did change the requirements for the allocation of the funding which allowed the money to be using for staffing and other uses instead of just marketing. Even though funding was reduced to a larger amount than anticipated, the change in the way the funding can be allocated allowed the AACVB more flexibility is using their grant funding resulting in a fairly stable position for the cash reserves of the organization.

STAFF REPORT

No report.

FY 21 Budget Update

(CC 2020- 55)

Resolution 2020- 61 Authorizing the Purchase of One Groundmaster 4000- D Lawn Mower from Reinders Inc., Mundelein, Illinois in the Amount of$ 52, 887. 63

Mayor Purcell entertained a motion to approve a Resolution Authorizing the Purchase of One Groundmaster 4000- D Lawn Mower from Reinders Inc., Mundelein, Illinois in the amount of$ 52, 887. 63 and authorize the Mayor and City Clerk to execute. So moved by Alderman Tarulis; seconded by Alderman Plocher.

Motion approved by a roll call vote. Ayes- 7 Nays- 0

Transier- aye, Plocher- aye, Peterson- aye, Koch- aye, Milschewski- aye, Funkhouser- aye, Tarulis- aye

Mayor Purcell also mentioned that the city would be moving forward with the purchase of one SUV for the police department which is one oftwo police department vehicles previously approved for purchase by the City Council. Additionally, the public works department would be moving forward with a purchase of a lawn mower that will cost approximately$ 10, 500.

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 Peterson; seconded by Alderman Milschewski.

Motion unanimously approved by a viva voce vote.

Meeting adjourned at 8: 30 p.m.

https://www.yorkville.il.us/ArchiveCenter/ViewFile/Item/3625

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