Kendall County Times

City of Yorkville City Council met Feb. 27.

Here are the minutes provided by the council:

Mayor Purcell called the meeting to order at 7: 32 p. m.* and led the Council in the Pledge of Allegiance. Due to severe weather warnings, The February 27, 2024 City Council meeting started thirty-two minutes late. ROLL CALL

City Clerk Behland called the roll.

Ward I Koch Present

Transier Present

Ward II Plocher Present

Soling Present

Ward III Funkhouser Present

Marek Present

Ward IV Tarulis Absent

Corneils Present

Staff in attendance at City Hall: City Administrator Olson, City Clerk Behland, Chief of Police Jensen, Attorney Lamb, 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.

Members ofthe public were able to attend this meeting in person 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/j/ 895491 19138? pwd= dG1 FOCtBdDJIQStCcDdoTCtkL21 Ndz09. The Zoom meeting ID was 895 4911 9138.

QUORUM

A quorum was established.

AMENDMENTS TO THE AGENDA

None.

PRESENTATIONS

None.

PUBLIC HEARINGS

None.

CITIZEN COMMENTS ON AGENDA ITEMS

Norm Baxa, a resident of Sunset Avenue, shared with the Council that he has been at this address for 35 years. He stated that the community was initially quiet, and the bowling alley would shut down for the bowling-off seasons. Since 1989, the bowling alley has changed ownership four separate times. Each owner came with new problems. Mr. Baxa said in 2015, he presented to the Council regarding noise complaints and issues with the business, and at that time, the Council amended the noise ordinance after about a year. Another problem they' ve had is with the outdoor activities. They are outside with volleyball and bags all night, even during the weeknights. The new owners have placed a privacy fence near the volleyball courts. Mr. Baxa said their lot line is a few feet outside his lot line. He noticed people walking behind the fence and mentioned this to the owner, who said he would block off the entrance. Mr. Baxa noted that it has not been blocked off.

Diane Shaffer, a resident of Sunset Avenue, shared they are newer to the neighborhood and loves it in Yorkville. But they wish for more serenity in their home when trying to sleep at night. She stated that when all her windows and doors are closed and locked up in the winter, she can still hear everything going on at the bowling alley in her bedroom. She shared that it' s enough noise to make you go crazy and gives her headaches. People from the neighborhood have met with Chris, the new owner, hoping to work through the issues. Ms. Shaffer said she would text Chris when the music is too loud. She reported that even when the bands stop and they put the jukebox on, it does not sound any different. The building itself is a problem due to its metal construction. The owners mentioned they may be insulating and residing, which would be great, but the neighbors fear the building owner is in no rush. She said she does not like to have to call the police and would like that to be a last resort. She suggested changes to the noise ordinance to make it more realistic and livable for everyone in the area.

Roxanne, a resident of Sunset Avenue, shared she has been in this home since 2011. She reported that she has been in contact with the City since 2014 regarding the bowling alley issues. She suggested mirroring some of the other counties' noise ordinance. She would like us to seriously look at adjusting the noise ordinance. The subdivision house rates will drop because no one wants to live next to the bowling alley.

Chris Reum, owner of Pinz, shared they have owned the business for two years this April. Since taking ownership, they have tried working with the neighbors and offered his cell phone number to resolve any problems. They built an outdoor stage when they first took over before knowing more about the noise ordinances and decided it would not work for the neighbors and themselves; they have not used it since. They have since put lights out at the volleyball courts, so they no longer have to use the construction lights with generators due to the noise. The owner and their managers constantly check the noise levels with their decibel readers. This past year of 2023, they had violated the noise ordinance twice. He wants to upgrade the building but does not own it. The building owner has promised to reside and install a new roof this spring with an agreement to some soundproofing. Mr. Reum also mentioned purchasing sound equipment to control the sound levels. He believes they have been good neighbors for the last few years; when neighbors reach out, they try to give them peace of mind.

CONSENT AGENDA

1. Bill Payments for Approval

$     778,012.13 (vendors)

$     374,081.07 (payroll period ending 02/16/ 24)

$ 1,152,093. 20 (total)

Mayor Purcell entertained a motion to approve the consent agenda. So moved by Alderman Transier; seconded by Alderman Koch.

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

Koch- aye, Plocher- aye, Funkhouser- aye, Transier- aye, Soling- aye, Marek- aye, Corneils- aye

REPORTS

MAYOR' S REPORT

No report.

PUBLIC WORKS COMMITTEE REPORT

Ashley Road Improvements— Acceptance

(PW 2024- 15)

Alderman Koch made a motion to accept the public improvements as described in the Bill of Sale for ownership and maintenance by the City subject to verification that the developer has no outstanding debt owed to the City for this project and subject to receipt of a signed Bill of Sale and to waive the required one- year maintenance period due to no deficiencies noted; seconded by Alderman Marek.

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

Plocher- aye, Funkhouser- aye, Transier- aye, Soling-aye, Marek- aye, Corneils- aye, Koch- aye

Lake Michigan Improvements—

IEPA Project Plan PEID

(PW 2024- 16)

Alderman Koch made a motion to set a public hearing on the Preliminary Environmental Impacts determination( PEID) and project planning for Lake Michigan Improvements for the March 12, 2024, City Council meeting; seconded by Alderman Plocher.

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

Funkhouser- aye, Transier- aye, Soling- aye, Marek- aye, Corneils- aye, Koch- aye, Plocher- aye

2024 Local Road Program— Design

Engineering Agreement

(PW 2024- 17)

Alderman Koch made a motion to approve the 2024 Local Road Program— Professional Services Agreement— Design Engineering Agreement and authorize the Mayor and City Clerk to execute; seconded by Alderman Funkhouser.

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

Transier- aye, Soling- aye, Marek- aye, Corneils- aye, Koch- aye, Plocher- aye, Funkhouser- aye

Well No. 10— Contract Award

(PW 2024- 18)

Alderman Koch made a motion to approve the bid and award contract to Municipal Well& Pump, subject to the Intergovernmental Agreement approval between the Yorkville Community School District 115 and the United City of Yorkville, in the amount not to exceed$ 2, 589, 164. 00 and authorize the Mayor and City Clerk to execute; seconded by Alderman Plocher.

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

Soling- aye, Marek- aye, Corneils- aye, Koch- aye, Plocher- aye, Funkhouser- aye, Transier- aye

Well No. 10— Construction Engineering Agreement

(PW 2024- 19)

Alderman Koch made a motion to approve the Agreement for Professional Services Water Well No. 10— Construction Engineering, subject to the Intergovernmental Agreement approval between the Yorkville Community School District 115 and the United City of Yorkville and authorize the Mayor and City Clerk to execute; seconded by Alderman Soling.

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

Marek- aye, Corneils- aye, Koch- aye, Plocher- aye, Funkhouser- aye, Transier- aye, Soling- aye

Well No. 10 Raw Water Main Improvements—

Contract Award

(PW 2024- 20)

Alderman Koch made a motion to approve the bid and award contract to Cecchin Site Utilities, subject to the Intergovernmental Agreement approval between the Yorkville Community School District 115 and the United City of Yorkville, in the amount not to exceed$ 1, 335, 053. 00 and authorize the Mayor and City Clerk to execute; seconded by Alderman Corneils.

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

Corneils- aye, Koch- aye, Plocher- aye, Funkhouser- aye, Transier- aye, Soling- aye, Marek- aye

Well No. 10 Raw Water Main Improvements— Construction Engineering Agreement

(PW 2024- 21)

Alderman Koch made a motion to approve the Agreement for Professional Services Well No. 10 Raw Water Main Improvements Construction Engineering, subject to the Intergovernmental Agreement approval between the Yorkville Community School District 115 and the United City of Yorkville and authorize the Mayor and City Clerk to execute; seconded by Alderman Marek.

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

Koch- aye, Plocher- aye, Funkhouser- aye, Transier- aye, Soling- aye, Marek- aye, Corneils- aye

ECONOMIC DEVELOPMENT COMMITTEE REPORT

No report.

PUBLIC SAFETY COMMITTEE REPORT

No report.

ADMINISTRATION COMMITTEE REPORT

Resolution 2024- 12 Approving an Amendment to the United City of Yorkville Employee Manual

(ADM 2024- 06)

Alderman Marek made a motion to approve a Resolution Approving an Amendment to the United City of Yorkville Employee Manual and authorize the Mayor and City Clerk to execute; seconded by Alderman Funkhouser.

City Administrator Olson reported that a supplemental memo and policy were sent to the Council this afternoon and will be available as a supplemental packet after the meeting. This is due to some last minute legal changes. The state has passed a law requiring the City to give paid time off to full- time and part- time employees. Currently, the City offers time off for full- time employees only. The first step is that part- time employees under the new law will accrue 1 hour of paid vacation time per 40 work hours. For example, a full- time employee currently receiving 120 hours of vacation time will now have 80 hours of vacation and 40 hours of paid leave time. Essentially, employees will see not much of a difference. The vacation and paid leave time will continue functioning as they do now. The change is the hours are coming from separate time banks. Currently, a person does not receive vacation time until six months after hire, which is 40 hours, and an additional 40 hours after one year of employment. With the new policy, they will still receive their 40 hours at their one- year mark but will receive the first initial 40 hours on their hire date. They cannot use the paid leave time until 90 days after their hire date. The state law policy goes into effect on March 151

Alderman Transier asked what the penalty is if the City is not in compliance with the state mandates. Attorney Lamb stated the penalty depends on whether an employee reports the City' s noncompliance to the Department of Labor. They would then investigate the reporting. There is a series of fines listed in the statute. Alderman Marek asked for confirmation if these are non- union employees only, which City Administrator Olson confirmed. Alderman Funkhouser asked what the unfunded mandate cost is. City Administrator Olson stated that the staff had not estimated a total. The most significant cost will be the part-time employee benefits, which can be tracked in real- time, and an update can be given at a later date.

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

Plocher- aye, Funkhouser- aye, Transier- aye, Soling-aye, Marek- aye, Corneils- aye, Koch- aye

PARK BOARD

St. Patrick' s Day Celebration

Director of Parks and Recreation Evans reported that the St. Patrick' s Day Celebration is on Saturday, March 16th, starting at 9: 00 a. m. with the South Bank Run and the parade at 1 1: 00 a. m.

PLANNING AND ZONING COMMISSION

Ordinance 2024- 06 Approving an Amendment to the Yorkville Comprehensive Plan

(PZC 2024- 04& EDC 2024- 12)

Mayor Purcell entertained a motion to approve an Ordinance Approving an Amendment to the Yorkville Comprehensive Plan and authorize the Mayor to execute. So moved by Alderman Koch; seconded by Alderman Plocher.

Community Development Director Barksdale- Noble reported that this is to keep our comprehensive plan consistent with the recent approvals of two rezonings within the City. One ofthe rezonings was for the North Pointe Development for the senior housing. The other rezoning was for Bristol Solar Farm.

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

Plocher- aye, Funkhouser- aye, Transier- aye, Soling- aye, Marek- aye, Corneils- aye, Koch- aye

CITY COUNCIL REPORT

Pinz Noise Issues

Alderman Soling shared that his residence is near the residents who spoke earlier on the subject, but most of the time, he does not hear the noise. Alderman Soling believes that how the noise circulates the property depends on where you can hear the music' s bass. He did state that, at times, he has heard music with the doors and windows closed in his basement around 1 1: 30 p. m. / midnight. Alderman Soling stated the owner has been forthcoming with trying to work on the issues. He also shared he is looking for a possible change within the ordinance to include something regarding businesses adjacent to residential areas. He would like to find a happy medium where the lives of the residents are not disrupted without affecting the business. Alderman Transier said a good jumping- off point would be researching local municipalities' ordinances. Alderman Funkhouser shared that the City has been hearing about this issue for years, and a good place to start is reviewing the ordinances. Mayor Purcell asked Alderman Soling if the noise had improved since the new owners took over. Alderman Soling shared it has improved, and he would mainly hear it when they had the outdoor bands. Alderman Soling said the main issue is the metal building. Alderman Koch asked the business owner if panels would work for them to block out the noise. Mr. Reum said he believed they would help. They call them IDOT walls and have discussed them, but the issue is that he does not own the building. Alderman Funkhouser asked ifthe city had done any sound studies when this issue was previously brought up. The City Administrator and Community Development Director said the City completed a sound study. The company that did the study had suggested building updates to help and suggestions for updates to the City' s noise ordinance. Alderman Funkhouser suggested pulling that information and looking it over again. Alderman Koch asked Chief Jensen if squad cars carry meters. Chief Jensen stated the department has only two meters. When the police department receives a call, they go to the resident' s home and measure the sound from their property edge. They will ask the business to turn it down ifthey receive an anonymous call. They also ask the business to turn it down if they are in violation or not. Mayor Purcell reported staff will look into other ordinances and review the past sound study.

CITY CLERK' S REPORT

No report.

COMMUNITY& LIAISON REPORT

Yorkville Bristol Sanitary District

Alderman Soling reported that YBSD is almost finished with their Plan B project. They are also starting a new program regarding testing grease traps within businesses and restaurants to have more of an initiative in moderation. YBSD will be sending out a letter to those businesses and restaurants.

STAFF REPORT

Polar Plunge for Special Olympics Illinois

Chief Jensen reported the Yorkville Police Department will be at Go For It Sports this Saturday, March 2nd from 11: 00 a. m. to 1: 00 p. m. They are participating in the Polar Plunge fundraiser for the Special Olympics of Illinois.

MAYOR' S REPORT( cont' d)

City Buildings Updates

(CC 2021- 04)

No report.

Water Study Update

(CC 2021- 38)

No report.

Fiscal Year 2025 Budget Presentation

(CC 2024- 14)

City Administrator Olson gave a PowerPoint presentation on the fiscal year 2025 budget( see attached.

ADDITIONAL BUSINESS

None.

CITIZEN COMMENTS

None.

EXECUTIVE SESSION

Mayor Purcell entertained a motion to go into executive session for the following:

1. For litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting.

2. For the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee ofthe public body or against legal counsel for the public body to determine its validity.

3. For collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees.

4. For the purchase or lease of real property for the use ofthe public body.

5. For the setting of a price for sale or lease of property owned by the public body. So moved by Alderman Marek; seconded by Alderman Soling.

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

Funkhouser- aye, Transier- aye, Soling- aye, Marek- aye, Corneils- aye, Koch- aye, Plocher- aye

The City Council entered executive session at 9: 03 p.m.

The City Council returned to regular session at 9: 59 p. m.

ADJOURNMENT

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

Motion unanimously approved by a viva voce vote.

Meeting adjourned at 10: 00 p. m.

https://www.yorkville.il.us/ArchiveCenter/ViewFile/Item/5588