Kendall County Times

City of Yorkville City Council met Oct. 22.

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 of Police Jensen, Attorney Castalado, Public Works Director Dhuse, Community Development Director Barksdale- Noble, Finance Director Fredrickson, Parks and Recreation Director Evans, 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/ 87298963445? pwd= UxCFtkNSaWN VnQoZrSGwXQ2UeNrrn8. 1. The Zoom meeting ID was 872 9896 3445.

QUORUM

A quorum was established.

AMENDMENTS TO THE AGENDA

None.

PRESENTATIONS

Fiscal Year 2024 Audit Presentation

Jeri Martinson from Lauterbach& Amen, LLP gave an overview of the City' s fiscal year 2024 financial statement audit. She started by thanking Finance Director Fredrickson and the finance team for all their hard work during the audit process. She shared that an audit is required by state statute to be completed by an independent auditor. They have issued an unmodified opinion, which is a clean audit opinion and the highest opinion that can be issued, and it means the financial statements are materially correct. She highlighted key areas for the Council. She also shared that the City was once again awarded a Certificate of Achievement for Excellence in Financial Reporting, issued by the Government Finance Officers Association, for fiscal year 2023, and she anticipates the City will receive it again for fiscal year 2024.

Finance Director Fredrickson gave a brief overview of the fiscal year 2024 audit ( see attached presentation).

PUBLIC HEARINGS

None.

CITIZEN COMMENTS ON AGENDA ITEMS

None.

CONSENT AGENDA

1. Minutes of the Regular City Council— October 8, 2024

2. Bill Payments for Approval

2,193,107.39 (vendors)

 427, 468.66 (payroll period ending 10/11/ 24)

2,620,576.05 (total)

3. Grande Reserve— Unit 6 Acceptance— accept the public improvements ofwater main, sanitary sewer, storm sewer, paving, sidewalk, street lighting and parkway trees as described in the Bill ofSale for ownership and maintenance by the City, subject to receipt of a maintenance guarantee in the amount of$206, 106.54, 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 ofSale( PW 2024- 83)

4. Northpointe— Sign Easement— authorize the Mayor, City Clerk, and City Engineer to execute( PW 2024- 84)

5. QuikTrip— Easement Plat— authorize the Mayor, City Clerk, and City Engineer to execute PW 2024- 85)

6. Treasurer' s Report for September 2024( ADM 2024- 38)

7. Fiscal Year 2024 Annual Treasurer' s Report( ADM 2024- 42)

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

REPORTS

MAYOR' S REPORT

Halloween

Mayor Purcell shared that the Halloween Trick- or-Treating hours for the City are from 4: 00 p.m. to 7: 00 p. m.

Ordinance 2024- 52 Authorizing the Acquisition of Certain Easements for the Construction of Water Mains

(Kelaka LLC)

(CC 2024- 81)

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

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

Public Works and Parks Facility—Construction Manager Selection

(CC 2024- 82)

Mayor Purcell entertained a motion to approve naming RC Wegman as the construction manager for the Public Works and Parks Facility Project, and approve the preconstruction services proposal with RC Wegman in the amount not to exceed $ 45, 000. So moved by Alderman Soling; seconded by Alderman Transier.

City Administrator Olson reported that staff and the two alderman selected for the construction team unanimously chose RC Wegman as the construction manager for the Public Works and Parks Facility. This motion will also approve the preconstruction services of$ 45, 000 to get them started working with Kluber before finalizing their agreement. We should have their construction agreement ready for approval next month.

Motion approved by a roll call vote. Ayes- 7 Nays- 0 Abstain- 1

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

PUBLIC WORKS COMMITTEE REPORT

2025 Road to Better Roads Program - Design Engineering Agreement

(PW 2024- 86)

Alderman Koch made a motion to approve the 2025 Road to Better Roads Program— Professional Services Agreement — Design Engineering and authorize the Mayor and City Clerk to execute; seconded by Alderman Marek.

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

2025 Local Road Program—Design Engineering Agreement

(PW 2024- 87)

Alderman Koch made a motion to approve the 2025 Local Road Program — Professional Services Agreement — Design Engineering and authorize the Mayor and City Clerk to execute; seconded by Alderman Tarulis.

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

East Alley Water Main Improvements Design Engineering Agreement

(PW 2024- 88)

Alderman Koch made a motion to approve the East Alley Water Main Improvements — Agreement for Professional Services— Design Engineering and authorize the Mayor and City Clerk to execute; seconded by Alderman Soling.

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

Water Well No. 10 and Well No. 7 WaterTreatment Plant Electrical Improvements—Recommendation of Award

(PW 2024- 89)

Alderman Koch made a motion to accept the bid and award contract to H. Linden & Sons Sewer& Water, Inc. in the amount not to exceed$ 2, 400, 007. 00 and authorize the Mayor to execute; seconded by Alderman Funkhouser.

Motion approved by a roll call vote. Ayes- 6 Nays- 0 Abstain- 2

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

Water Well No. 10 Equipment and Well No. 7 Water Treatment Plant Electrical Improvements—Construction Engineering Agreements

(PW 2024- 90)

Alderman Koch made a motion to approve the Water Well No. 10 Equipment — Professional Services Agreement and the Well No. 7 Water Treatment Plant Improvements— Professional Services Agreement—

Construction Engineering and authorize the Mayor and City Clerk to execute; seconded by Alderman Transier.

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

Lake Michigan— WIFIA Loan Application

Change Order and Contract Amendment

(PW 2024- 91)

Alderman Koch made a motion to approve the Change Order in the amount not to exceed $ 57, 000 and Contract Amendment for the Lake Michigan — WIFIA Loan Application Agreement for Professional Services and authorize the Mayor and City Clerk to execute; seconded by Alderman Funkhouser.

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

ECONOMIC DEVELOPMENT COMMITTEE REPORT

No report.

PUBLIC SAFETY COMMITTEE REPORT

No report.

ADMINISTRATION COMMITTEE REPORT

Resolution 2024- 50 Approving an Increase in Funding for the Kendall Area Transit Project

(ADM 2024- 43)

Alderman Marek made a motion to approve Resolution Approving an Increase in Funding for the Kendall Area Transit Project and authorize the Mayor and City Clerk to execute; seconded by Alderman Tarulis.

City Administrator Olson reported to the Council that the City currently contributes—$23, 000 annually, which has not changed since 2010. He shared that the demand for KAT service has grown over the years, and they currently turn people away daily. KAT is requesting an increase in funding from each municipality in Kendall County. The increase in funding will occur over three years: 2025 $ 31, 874, 2026$ 40, 198, and 2027$ 48, 521.

Alderman Soling had questions for the KAT representative at the meeting, Jennifer. Alderman Soling wanted to know about the service areas and why some areas are actually not covered, which shows that they are on the maps. Jennifer shared that their service area is within a seven- mile radius of their building. If someone needs service for an area outside their area, they must work with the other counties' driving service and schedule drop- off and pick- up. Mayor Purcell asked what the state matches per donation, and Jennifer reported that the match is a 1 and 3 ratio from the state. She also mentioned that they are currently turning away 130 people per month. Jennifer said these contribution increases will help towards more buses and drivers and possibly start taking rides on Saturdays. Alderman Transier asked if they are looking into having time and scheduled routes, which Jennifer said scheduled routes and times are within their 10- year goal.

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

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

PARK BOARD

Flags of Valor

Parks and Recreation Director Evans reported that Flags of Valor starts November 41h through Veterans Day. He stated that you can sponsor a flag for$ 30 to recognize and honor a veteran in your life. All proceeds will be donated to the Yorkville American Legion Post 489.

PLANNING AND ZONING COMMISSION

Yorkville Renewables Solar( Nexamp)—

Presentation Only

(PZC 2024- 01 & EDC 2024- 53)

a. Ordinance Approving the Rezoning to the A- 1 Agricultural

Zoning District of Certain Territory Generally Located at the Southwest Corner of Galena Road and Route 47

b. Ordinance Approving a Special Use Permit Allowing Freestanding Solar Systems on Certain Territory Generally Located at the Southwest Corner of Galena Road and Route 47

c. Ordinance Granting a Property Line Setback Variance for Certain Territory Generally Located at the Southwest Corner of Galena Road and Route 47

Mayor Purcell stated the Yorkville Renewable Solar( Nexamp) is not being voted on at tonight' s meeting, but Attorney Kramer will be sharing a presentation given to the Economic Development Committee the other day( see attached presentation).

Attorney Kramer, the attorney for the petitioners, Nexamp, shared that the project' s property is west of the Rob Roy Drainage District and west ofthe service road. Attorney Kramer shared that his other clients, the Nagels, currently own 73 acres in this area, and out ofthe 73 acres, only the southern 26 acres will be used for the Nexamp project. Attorney Kramer reported that Mr. Nagel expects the land north of the solar field all the way to Galena to be residential property eventually. He also owns the land on the east side of the Rob Roy Drainage District, which is not large, but he believes it will be commercial eventually. Matt Kwiatkowski, with Nexamp, shared his presentation with the Council. He shared that they are now the country' s largest community solar developer. Mr. Kwiatkowski reported that they started this project with the landowners over two years ago. He stated that the system would be setback 1000 feet from Route 47 and more than 1300 feet from Galena Road. Mayor Purcell stated back in March, that a new ordinance was passed, making the setback requirement for this type of project a 1000- foot setback. Alderman Koch asked about the northeast corner ofthe solar project area, which Mr. Kwiatkowski said is a floodplain and is difficult for other uses. Mayor Purcell asked Community Development Director Barksdale- Noble ifthis would require a fence, and she said yes, an 8- foot fence. Mr. Kwiatkowski shared that the nearest home is 1, 200 feet from the system. There is also a landscape plan with robust landscape screening, and they will also include parkway trees from the Nagel property and Galena and Route 47. Attorney Kramer mentioned the IDOT expansion is factored into their plans.

Mayor Purcell asked if all ofthe property around the site is used for agriculture, to which Attorney Kramer and Community Development Director Barksdale- Noble said yes. Community Development Director Barksdale- Noble said the current land is at R- 2, and they are requesting it to be A- 1 with special use, which the property' s current use is A- 1. Attorney Kramer spoke to the property to the south regarding the rezoning, to which they had no objections. There is a legal objection to the rezoning from the property owner to the North. Alderman Funkhouser asked about the commercial potential and wanted clarification. Attorney Kramer said the area next to 47 and the Drainage District is the area for commercial, which was the original PUD plan for the area. Alderman Funkhouser asked about the floodplain and requirements with the state on building within a floodplain. Nexamp stated they would receive proper approval from the state for all work within the floodplain. Alderman Soling asked if they would be going under the Rob Roy Creek, to which Mr. Kwiatkowski said yes; the drainage district asked for the wires to go under the creek vs. over the creek. ComEd has done its studies for the project; no upgrades to its current systems will be required. Alderman Soling asked if there would be an agreement regarding liability with the drainage district. Mr. Kwiatkowski said they currently do not have an agreement but expect it to be included. He also said the cables would be far below the ditch, which the drainage district could still clean out as needed.

Alderman Koch asked if the zoning change would reduce taxes. Mayor Purcell said the taxes go with the property use, and they are currently taxed as agricultural, even though they are zoned R- 2. Attorney Kramer said it should go up substantially with the special use. Mr. Kwiatkowski said the 23 acres pay an annual tax of$ 1, 200. The solar field system would be about$ 40, 000 annually. Over the course of the project' s term, it would be around$ 1. 1 million in total tax revenue vs. $ 100, 000 if it stayed agricultural. Mayor Purcell said this item will return to the City Council in November.

Kendall County Petition 24- 26— 1. 5 Mile Review

(11327 and 11209 River Road)

(PZC 2024- 23 & EDC 2024- 68)

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( rezoning). So moved by Alderman Transier; 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

Kendall County Petition 24- 27— 1. 5 Mile Review

(5862 and 5834 Championship)

(PZC 2024- 24 & EDC 2024- 69)

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

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 update.

Water Study Update

(CC 2021- 38)

No report.

ADDITIONAL BUSINESS

None.

CITIZEN COMMENTS

Barb, a resident of Plano, prepared some comments after the cannabis issue that recently took place. She brought up the movie" It' s a Wonderful Life". She shared concerns in the City with drag in family settings, alcohol at the water park, and the potential cannabis in city businesses. She said things of this nature are concerning and shared Yorkville is sliding down into a" Pottersville," referencing the town within the movie, which is sleazy and corrupt. She urged the Council to make policies and keep ordinances that would turn this City to God from sin.

EXECUTIVE SESSION

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

I. For litigation, when an action against, affecting, or on behalf ofthe 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 purchase or lease of real property for the use of the public body.

So moved by Alderman Koch; seconded by Marek.

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

The City Council entered executive session at 8: 30 p.m.

The City Council returned to regular session at 8: 44 p. m.

ADJOURNMENT

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

Motion unanimously approved by a viva voce vote.

Meeting adjourned at 8: 45 p. m.

https://www.yorkville.il.us/ArchiveCenter/ViewFile/Item/5967