Kendall County Times

City of Yorkville City Council met May 14.

Here are 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 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 Present

Corneils Present

Staff in attendance at City Hall: City Administrator Olson, City Clerk Behland, Chief ofPolice Jensen, Attorney Thomas, 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/82973574241? pwd= M3RBL3EldzN1K296S W9rdGR1 azNRUT09. The Zoom meeting ID was 829 7357 4241.

QUORUM

A quo rumrum was established.

AMENDMENTS TO THE AGENDA

None.

PRESENTATIONS

None.

PUBLIC HEARINGS

1. Kelaka, LLC— Annexation

2. Hagemann— Annexation

3. Blackberry Oaks— Annexation

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

CITIZEN COMMENTS ON AGENDA ITEMS

Mike Krempski, a Yorkville resident, read comments from social media to the Council regarding the proposed ordinance on the agenda that creates a new liquor license class for water parks. Most comments did not favor the current water park in town having a liquor license. A few comments referenced Wisconsin Dells and the fact that they allow liquor in their water parks.

CONSENT AGENDA

1. Minutes of the Regular City Council— April 23, 2024

2. Bill Payments for Approval

$    691,670.11 (vendors— FY 24)

$    172,644.62 (vendors— FY 25)

$    159,263.43 (wire payments)

$    375,552.13 (payroll period ending 04/26/ 24)

$ 1,399,130.29 (total)

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

Motion approved by a roll call vote. Ayes- 8 Nays- 0

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

REPORTS

MAYOR' S REPORT

Police Week and Peace Officers Memorial Day— Proclamation

Mayor Purcell shared that this is the 62nd anniversary of the 1st reading of the Police Week and Peace Officers Memorial Day Proclamation by President John F. Kennedy. Mayor Purcell continued by reading the proclamation and proclaiming May 13— 19, 2024, as Police Week and Peace Officers Memorial Day.

Resolution 2024- 24 Authorizing the Execution of an Intergovernmental Agreement Providing for the Sharing of Costs and Funding for the Construction of Facilities to Transport Lake Michigan Water to the Village of Oswego, Kendall and Will Counties, Illinois, The United City of Yorkville, Kendall County, Illinois, and the Village of Montgomery, Kane and Kendall Counties, Illinois

(CC 2024- 34)

Mayor Purcell entertained a motion to approve a Resolution Authorizing the Execution of an Intergovernmental Agreement Providing for the Sharing of Costs and Funding for the Construction of Facilities to Transport Lake Michigan Water to the Village of Oswego, Kendall and Will Counties, Illinois, The United City of Yorkville, Kendall County, Illinois, and the Village of Montgomery, Kane and Kendall Counties, Illinois and authorize the Mayor and City Clerk to execute. So moved by Alderman Corneils; seconded by Alderman Funkhouser.

City Administrator Olson reported that this is the City' s overall cost- share agreement for the entire Lake Michigan supply project, from the current phase 2 of engineering through construction. The cost estimates have been updated; they were previously at $ 162 million and are now at$ 258 million due to construction and inflation costs. The breakdown ofthe increase is in the memo within the packet. The cost split is Yorkville 40. 22%, Oswego 24. 42%, and Montgomery 35. 36%. Two main factors in determining the cost split were Yorkville' s usage demand and Yorkville' s further distance, causing more piping to be needed for the project. Alderman Koch asked ifthis amount was locked in, to which City Administrator Olson said this price could increase and that it' s not locked in.

Motion approved by a roll call vote. Ayes- 8 Nays- 0

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

Ordinance 2024- 14 Amending Title 3, Chapter 3 of the Code of Ordinances Creating a New Liquor License Class and Fee (Water Parks)

(CC 2024- 35)

Mayor Purcell entertained a motion to approve an Ordinance Amending Title 3, Chapter 3 ofthe Code of Ordinances Creating a New Liquor License Class and Fee( Water Parks) and authorize the Mayor and City Clerk to execute. So moved by Alderman Transier; seconded by Alderman Marek.

Alderman Soling said he was not a fan of the water park being allowed liquor. He referenced some of the comments Mr. Krempski shared regarding incidents that have already occurred at the park without alcohol. Mayor Purcell asked Mr. Eichelberger from Premier Parks to say a few words on behalf ofthe business. Mayor Purcell also mentioned that the previous owners would work with the new owners throughout the first year. Hue Eichelberger, Chief Operating Officer of Premier Parks, shared that they are the country' s largest operator ofindependently owned and operated water parks. They not only have water parks but also theme parks and museums. They sell alcohol out of all their facilities. He shared that they are very strict regarding alcohol policies. They believe that the park being allowed alcohol will open the door to more group events and more people coming to the area. Mayor Purcell asked about the security. Mr. Eichelberger reported they hire off-duty police officers and have in-house security. Alderman Marek asked out of all oftheir parks with liquor licenses ifthey ever had a license not renewed, to which Mr. Eichelberger said no.

Alderman Koch asked if people have to drink in a designated area. It was explained that they could buy a drink and walk with them. The park' s goal is to allow people to buy a drink and take it back to wherever they are sitting. Alderman Koch asked how they would know if someone handed a drink to someone underage. Mr. Eichelberger shared that hypothetically, they wouldn' t know but would have security on the grounds looking out for these issues. They have wristbanded people in past water parks. Alderman Transier said the ordinance might be better served if it required wristbands for alcohol. Alderman Transier shared that he has safety concerns.

Alderman Funkhouser asked ifthere were any restricted areas where drinks would not be allowed. Mr. Eichelberger stated they are not allowed to have drinks in any lines. Alderman Plocher said he likes the idea of wristbands and would feel much better with them. Alderman Funkhouser said his preference is to have 21 age areas only. Alderman Koch asked ifthere was any community outreach on this topic. Alderman Marek stated some local media articles were written on the subject.

Alderman Plocher made a motion to amend the proposed ordinance to require wristbands to purchase and possess alcohol; seconded by Alderman Marek.

Alderman Koch asked for Chief Jensen' s input on the topic. Chief Jensen shared that he does not have any issues with it. They pulled the number of calls they' ve had at the water park since 2019, and many were not for significant problems. On large holidays or weekends, the waterpark could have upward of 7,000 to 9, 000 people, which you would expect to have numerous calls. Their security has been top- notch; most are retired police officers. The police department also has a current contract with them to have officers on site. Chief Jensen said that if you leave the park and come back in, you are screened again by security, and your bags are checked. Alderman Koch asked ifthey could pull the liquor license ifit goes badly. City Administrator Olson said yes, as Mayor, the Liquor Commissioner has the authority to revoke, suspend, or not renew.

Motion to amend approved by a roll call vote. Ayes- 7 Nays- 0 Present- 1

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

Main motion with amendment approved by a roll call vote. Ayes- 5 Nays- 4

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

Mayor Purcell- aye

Resolution 2024- 25 Approving an Agreement for Land Acquisition Consulting Services with Mathewson Right of Way Company

(CC 2024- 36)

Mayor Purcell entertained a motion to approve a Resolution Approving an Agreement for Land Acquisition Consulting Services with Mathewson Right of Way Company 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- 8 Nays- 0

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

Ordinance 2024- 15 Approving a Lease Agreement for Certain Real Estate in the United City of Yorkville, Kendall County, lllinois( We are Called to Care)

(CC 2024- 37)

Mayor Purcell entertained a motion to approve an Ordinance Approving a Lease Agreement for Certain Real Estate in the United City of Yorkville, Kendall County, Illinois( We are Called to Care) and authorize the Mayor and City Clerk to execute. So moved by Alderman Transier; seconded by Alderman Soling.

Mayor Purcell reported that We Are Called to Care is a group that helps out kids going into a foster home in an emergency or last-minute situations. The City owns a home purchased in 2017 and said they are not ready to sell. The house needs a lot of work, and the organization is willing to take it on. Sheri Chapman, founder and executive director of We Are Called to Care, shared that they started in 2021 and have an office in Plano. This home in Yorkville will be for emergency placement for children who are removed from their homes due to abuse or neglect. They can stay in the home until the state can locate a foster home or a family member. This type of service is drastically needed. They will always have an adult at the location and staff the whole time with shift workers throughout the night. There are many regulations through the state. Alderman Transier shared that he is the attorney for CASA in Kendall County and stated that there is an absolute need for places like this, and he is behind this 100%. Alderman Plocher also shared that his three foster children came to them from an emergency that was a last- minute call. Alderman Soling asked about insurance, and Sheri said they have requirements to be fully insured. City Administrator Olson shared that the memo stated a$ 5, 000 repair threshold, but it was updated to$ 10, 000. This allows the City Administrator to approve any repairs under$ 10, 000. Alderman Funkhouser asked if they had a scope of what they planned to do to the building. Sheri shared that the state requires a separate office at the location with a separate entrance. They' ve been through the house and said it needs cosmetic work, such as siding, a roof, and a fence. They are also taking down the garage. Alderman Soling asked if the property was structurally sound. They have had both fire marshals walk through and had no issues. They thought it was an excellent location for what they needed.

Motion approved by a roll call vote. Ayes- 8 Nays- 0

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

Resolution 2024- 26 Authorizing Participation in Progressive Energy Group( PEG) and Authorizing the Finance Director to Approve a Contract With the Lowest Cost Electricity Provider by Rate Classification for a Period of Up to 48 Months

(CC 2024- 38)

Mayor Purcell entertained a motion to approve a Resolution Authorizing Participation in Progressive Energy Group( PEG) and Authorizing the Finance Director to Approve a Contract With the Lowest Cost Electricity Provider by Rate Classification for a Period Up To 48 Months and authorize the Mayor and City Clerk to execute. So moved by Alderman Corneils; seconded by Alderman Soling.

Motion approved by a roll call vote. Ayes- 8 Nays- 0

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

2024 Bond— Municipal Advisor and Bond Council Engagement Letter

(CC 2023- 39)

Mayor Purcell entertained a motion to approve the engagement letters for Speer Financial, Inc., the municipal advisor, for an estimated fee of$83, 868, for the Public Works/ Parks Facility bonds and Water bonds issued together($ 62. 735 million in principal), and Saul Ewing, LLP, the bond counsel, with a fixed fee of$87,500 for the Public Works/Parks facility bonds and the Water bonds issued together, and authorize the Mayor to execute. So moved by Transier; seconded by Alderman Corneils.

Motion approved by a roll call vote. Ayes- 8 Nays- 0

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

Ordinance 2024- 16 Authorizing the issuance of water revenue bond or, in lieu thereof, general obligation alternate revenue bonds, of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed$ 25,000, 000 pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended for the purpose of paying the costs of enhancing the City' s water delivery system

(CC 2024- 40)

Mayor Purcell entertained a motion to approve an Ordinance authorizing the issuance of water revenue bonds or, in lieu thereof, general obligation alternate revenue bonds, of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed$ 25, 000, 000 pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code ofthe State of Illinois, as amended, for the purpose of paying the costs of enhancing the City' s water delivery system and authorize the Mayor and City Clerk to execute. So moved by Alderman Corneils; seconded by Alderman Koch.

Motion approved by a roll call vote. Ayes- 8 Nays- 0

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

Ordinance 2024- 17 Authorizing the borrowing by the United City of Yorkville, Kendall County, Illinois of a Water Infrastructure Finance and Innovation Act loan in an aggregate principal amount of not to exceed$ 160, 000, 000 from the United States Environmental Protection Agency, pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of enhancing the City' s water delivery system

(CC 2024- 41)

Mayor Purcell entertained a motion to approve an Ordinance authorizing the borrowing by the United City of Yorkville, Kendall County, Illinois of a Water Infrastructure Finance and Innovation Act loan in an aggregate principal amount of not to exceed$ 160, 000, 000 from the United States Environmental Protection Agency, pursuant to Section 15 ofthe Local Government Debt Reform Act ofthe State of Illinois, as amended, and the Municipal Code ofthe State of Illinois, as amended, for the purpose of paying the costs of enhancing the City' s water delivery system and authorize the Mayor and City Clerk to execute. So moved by Alderman Tarulis; seconded by Alderman Corneils.

Motion approved by a roll call vote. Ayes- 8 Nays- 0

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

Ordinance 2024- 18 Authorizing the issuance of general obligation alternate revenue bonds of the United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed$ 40, 000, 000 pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of the acquisition of one or more parcels of real property and the construction of a new public works facility on any portion thereof

(CC 2024- 42)

Mayor Purcell entertained a motion to approve an Ordinance the issuance of general obligation alternate revenue bonds ofthe United City of Yorkville, Kendall County, Illinois in an aggregate principal amount not to exceed$ 40, 000, 000 pursuant to Section 15 of the Local Government Debt Reform Act of the State of Illinois, as amended, and the Municipal Code of the State of Illinois, as amended, for the purpose of paying the costs of the acquisition of one or more parcels of real property and the construction of a new public works facility on any portion thereof and authorize the Mayor and City Clerk to execute. So moved by Alderman Transier; seconded by Alderman Corneils.

Motion approved by a roll call vote. Ayes- 8 Nays- 0

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

Ordinance 2024- 19 Authorizing the Acquisition of Certain Easements for the Construction of Water Mains

(CC 2024- 43)

Mayor Purcell entertained a motion to approve an Ordinance Authorizing the Acquisition of Certain Easements for the Construction of Water Mains and authorize the Mayor and City Clerk to execute. So moved by Alderman Marek; seconded by Alderman Soling.

Motion approved by a roll call vote. Ayes- 8 Nays- 0

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

PUBLIC WORKS COMMITTEE REPORT

No report.

ECONOMIC DEVELOPMENT COMMITTEE REPORT

East Village of Westbury

(EDC 2024- 30)

Alderman Plocher made a motion to table to the May 28, 2024 City Council meeting; seconded by Alderman Koch.

Motion approved by a roll call vote. Ayes- 8 Nays- 0

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

PUBLIC SAFETY COMMITTEE REPORT

Alderman Transier shared that at the last Public Safety meeting, they saw the new VirtraTraining simulator, and he said it was very impressive. It' s great to see how it was intended to be used. The other departments and organizations need to thank Chief Jensen for his work in receiving the grant for the simulator.

ADMINISTRATION COMMITTEE REPORT

No report.

PARK BOARD

Margaritas En Mayo

Parks and Recreation Director Evans reported that Margaritas En Mayo will be held on Thursday, May 23, 2024, from 5: 00 p.m. to 9: 00 p.m. in Downtown Yorkville and Riverfront Park.

Memorial Day Ceremony

Parks and Recreation Director Evans reported that the Memorial Day Ceremony will take place on Monday, May 27, 2024, at 11: 30 a. m. at the Town Square Park. This ceremony is help by the Yorkville American Legion.

School' s Out Beach Party

Parks and Recreation Director Evans reminded that the School' s Out Beach Party will take place at Town Square Park on Thursday, June 6th, from 5: 00 p.m. to 9: 00 p.m.

FORE! Yorkville Golf Outing

Parks and Recreation Director Evans reminded that the Yorkville Golf Outing will occur on Thursday, June 13th, from 7: 00 a.m. to 2: 00 p.m. at Blackberry Oaks Golf Course.

PLANNING AND ZONING COMMISSION

Corneils Solar Farm

(PZC 2024- 05 & EDC 2024- 19)

Ordinance 2024- 20 a. Annexing Certain Territory Generally Located Immediately North of Corneils Road, East of Beecher Road, and West of State Route 47

(Corneils Road Solar, LLC— Solar Farm)

Mayor Purcell entertained a motion to approve an Ordinance Annexing Certain Territory Generally Located Immediately North of Corneils Road, East of Beecher Road, and West ofIL State Route 47( Corneils Road Solar, LLC— Solar Farm) and authorize the Mayor to execute. So moved by Alderman Corneils; seconded by Alderman Plocher.

Motion approved by a roll call vote. Ayes- 7 Nays- 1

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

Ordinance 2024- 21 b. Approving a Special Use for a Solar Farm with Freestanding Solar Energy Systems( Corneils Road Solar)

Mayor Purcell entertained a motion to approve an Ordinance Approving a Special Use for a Solar Farm with Freestanding Solar Energy Systems ( Corneils Road Solar) and authorize the Mayor to execute. So moved by Alderman Transier; seconded by Alderman Marek.

Motion approved by a roll call vote. Ayes- 6 Nays- 2

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

Ordinance 2024- 22 c. Approving the Rezoning to the A- 1 Agricultural Zoning District of Certain Territory Generally Located Immediately North of Corneils Road, East of Beecher Road, and West of State Route 47( Corneils Road Solar, LLC— Solar Farm)

Mayor Purcell entertained a motion to approve an Ordinance Approving the Rezoning to the A- 1 Agricultural Zoning District of Certain Territory Generally Located Immediately North of Corneils Road, East of Beecher Road, and West of IL State Route 47 ( Corneils Road Solar, LLC —Solar Farm) and authorize the Mayor to execute. So moved by Alderman Corneils; seconded by Alderman Plocher.

Motion approved by a roll call vote. Ayes- 7 Nays- 1

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

Kendall County Petition 24-04— 1.5 Mile Review

(1520 Cannonball Trail)

(PZC 2024- 09 & EDC 2024- 32)

Mayor Purcell entertained a motion to authorize staff to notify Kendall County that the City Council does not have any objections to the proposed site plan for approval for the construction of a YMCA recreational facility. So moved by Alderman Marek; seconded by Alderman Corneils.

Motion approved by a roll call vote. Ayes- 8 Nays- 0

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

Kendall County Petition 24-05— 1.5 Mile Review

(7709 and 7731 Bentgrass Circle— Lots 223 and 224 of Whitetail Ridge)

(PZC 2024- 10& EDC 2024- 33)

Mayor Purcell entertained a motion to authorize staff to notify Kendall County that the City Council does not have any objections to the proposed Plat of Vacation. So moved by Alderman Tarulis; seconded by Alderman Funkhouser.

Motion approved by a roll call vote. Ayes-8 Nays-0

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

Kendall County Petition 24-06— 1.5 Mile Review

(7789 Route 47)

(PZC 2024- 11 & EDC 2024- 34)

Mayor Purcell entertained a motion to authorize staff to notify Kendall County that the City Council does not have any objections to the proposed map amendment from B- 3 Highway Business District to M- 1 Limited Manufacturing District. So moved by Alderman Funkhouser; seconded by Alderman Plocher.

Motion approved by a roll call vote. Ayes- 8 Nays- 0

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

Ordinance 2024- 23 Approving an Amendment to the Yorkville Unified Development Ordinance Regarding Park and Recreation and School Site Dedication (Land Cash)

(PZC 2024- 13)

Mayor Purcell entertained a motion to approve an Ordinance Approving an Amendment to the Yorkville Unified Development Ordinance Regarding Park and Recreation and School Site Dedication( Land Cash) and authorize the Mayor to execute. So moved by Alderman Marek; seconded by Alderman Koch.

Motion approved by a roll call vote. Ayes- 8 Nays- 0

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

CITY COUNCIL REPORT

No report.

CITY CLERK' S REPORT

No report.

COMMUNITY& LIAISON REPORT

No report.

STAFF REPORT

No report.

MAYOR' S REPORT( cont' d)

City Buildings Updates

(CC 2021- 04)

No report.

Water Study Update

(CC 2021- 38)

No report.

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 Tarulis; seconded by Alderman Corneils.

Motion unanimously approved by a viva voce vote.

Meeting adjourned at 8: 24 p.m.

https://www.yorkville.il.us/ArchiveCenter/ViewFile/Item/5725