City Council Minutes 2019 10-08-19 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
HELD IN THE CITY COUNCIL CHAMBERS,
800 GAME FARM ROAD ON
TUESDAY,OCTOBER 8,2019
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
Transier Present
Ward II Milschewski Present
Plocher Present
Ward III Funkhouser Present
Frieders Present
Ward IV Tarulis Present
Peterson Absent
Staff present: City Administrator Olson,City Clerk Pickering, Chief of Police Jensen, Deputy Chief of
Police Mikolasek, Deputy Chief of Police Pfizenmaier, Public Works Director Dhuse,Community
Development Director Barksdale-Noble,Finance Director Fredrickson, Parks and Recreation Director
Evans,Assistant City Administrator Willrett,Building Code Official Ratos, Attorney Orr,and EEI
Engineer Sanderson.
QUORUM
A quorum was established.
AMENDMENTS TO THE AGENDA
None.
PRESENTATIONS
• Employee Appreciation of Service
City employees Christopher Kuehlem and Steven Redmon were recognized for five years of service and
Shelley Augustine was recognized for ten years of service.
PUBLIC HEARINGS
None.
CITIZEN COMMENTS ON AGENDA ITEMS
None.
CONSENT AGENDA
None.
MINUTES FOR APPROVAL
None.
BILLS FOR PAYMENT
Mayor Purcell entertained a motion to approve the bill list in the amount of$838,299.33 (vendors);
$401,340.45 (payroll period ending 9/20/19); for a total of$1,239,639.78. So moved by Alderman Koch;
seconded by Alderman Milschewski.
Motion approved by a roll call vote. Ayes-7 Nays-0
Funkhouser-aye, Tarulis-aye,Transier-aye, Plocher-aye,
Frieders-aye,Koch-aye,Milschewski-aye
• REPORTS
MAYOR'S REPORT
Cannabis Zoning Restrictions
(CC 2019-62)
Mayor Purcell asked Community Development Director Barksdale-Noble to explain the proposed
cannabis zoning restrictions. Director Barksdale-Noble said that with the expansion of the state cannabis
act,the state has allowed municipalities to provide reasonable regulatory provisions through the
establishment of time,place, manner,number,and minimum distance limitations. This includes setbacks
for sensitive uses such as schools,parks, and religious institutions through a special use process. There
The Minutes of the Regular Meeting of the City Council—October 8,2019—Pate 2 of 4
are six different types of cannabis establishments that are identified in the state cannabis act: craft grower,
cultivation center, dispensary, infuser,process and transporter organizations. Staff's recommendations
are to have all the uses as a special use. The proposed distance for a craft grower is 2,500 feet from the
property line of a pre-existing public or private schools, public parks,and religious institutions(not
including commercial trade schools). For cultivation centers, staff is recommending it may not be located
within 2,500 feet of the property line. The recommendation for dispensaries is 1,000 feet from the
property line of pre-existing schools,public parks,and religious institutions with a maximum size of
5,000 square feet. The dispensaries cannot have drive-through facilities and cannot utilize an e-commerce
delivery service platform either. Additionally, 75%of the gross floor area must be dedicated to sales,
• which would leave 25% for storage. Infusers,processors,and transporting facilities would also be subject
to setbacks of 2,500 feet.
Staff is recommending additional restrictions by limiting the allowed number to one per organization
type. The recommended business hours are 10:00 a.m. to 8:00 p.m. during the week and Saturdays,and
12:00 p.m.to 5:00 p.m. on Sundays. On-premise consumption will not be permitted.There will also be
signage criteria as well. Establishments with dispensaries would be allowed one wall-mounted sign,no
electronic message board signs, and no imagery related to cannabis.
One item that was mentioned regarding the infuser organizations is that they might not need 5,000 square
feet to operate out of. With an operation that primarily involves cooking,they could potentially operate
out of an empty 700 -2,500 square foot unit found in various strip malls throughout the city. If infusers
were allowed in the B-3 zoning districts,there is potential for them to open in an existing empty unit
instead of needing to build a new facility from the ground up.
It was asked if online ordering would be allowed. Administrator Olson said staff was fine with online
ordering with personal pick-up at the location. Staff did not want to facilitate e-delivery of the product.
Concerns were raised that the proposed setbacks were overly restrictive. A significant reduction in the
setbacks was requested on all the different types of uses. It was suggested that the setbacks be reduced to
500 feet from schools, parks, and religious institutions and 250 feet from residential areas.
It was asked if the state is going to allow home delivery. City Attorney Orr responded that it would be
allowed under the cannabis act.Administrator Olson asked if the City can prohibit someone from ordering
• from out of town and getting it delivered. City Attorney On does not think so. She believes that we can
only restrict businesses in the City from delivering.
Consensus was for staff to reduce the setbacks to 500 feet from schools, parks, and religious institutions
and 250 feet from residential areas and to allow infuser organizations to be located in B-3 zoning districts
as a special use.
CMAP LTA Grant Program/Application—
Industrial Feasibility Study
(CC 2019-63)
Mayor Purcell entertained a motion to approve the CMAP LTA Grant Program/Application for a future
Industrial Feasibility Study. So moved by Alderman Plocher; seconded by Alderman Funkhouser.
Administrator Olson said that the City would need to be prepared to contribute 20% of the project cost.
Staff is estimating the City's cost to be approximately$15,000.
Motion unanimously approved by a viva voce vote.
PUBLIC WORKS COMMITTEE REPORT
No report.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
No report.
• PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
No report.
PARK BOARD
Ordinance 2019-55 Amending the Liquor Regulations Allowing Possession
and Consumption of Alcoholic Beverages at
the Bristol Bay Regional Park
(CC 2019-64)
The Minutes of the Regular Meeting of the City Council—October 8,2019—Page 3 of 4
Mayor Purcell entertained a motion to approve an Ordinance Amending the Liquor Regulations Allowing
Possession and Consumption of Alcoholic Beverages at the Bristol Bay Regional Park. So moved by
Alderman Frieders; seconded by Alderman Koch.
Motion approved by a roll call vote. Ayes-5 Nays-2
Plocher-aye,Frieders-aye, Koch-aye,Milschewski-aye,
Funkhouser-nay,Tarulis-aye, Transier-nay
PLANNING AND ZONING COMMISSION
• Downtown Form-Based Code and Streetscape Master Plan
(PZC 2019-09 and EDC 2019-23)
Ordinance 2019-56 Amending the Yorkville Zoning Ordinance by
Adding a Downtown Overlay District
Ordinance 2019-57 Approving a Streetscape Master Plan
for the Downtown Overlay District
Mayor Purcell entertained a motion to approve an Ordinance Amending the Yorkville Zoning Ordinance
by Adding a Downtown Overlay District and to approve an Ordinance Approving a Streetscape Master
Plan for the Downtown Overlay District. So moved by Alderman Frieders; seconded by Alderman Koch.
Motion approved by a roll call vote. Ayes-7 Nays-0
Frieders-aye,Koch-aye, Milschewski-aye,Funkhouser-aye,
Tarulis-aye,Transier-aye, Plocher-aye
Ordinance 2019-58 Approving the Final Plat of the Menard's Commercial
Commons Seventh Addition Resubdivision
(PZC 2019-21 and EDC 2019-74)
Mayor Purcell entertained a motion to approve an Ordinance Approving the Final Plat of the Menard's
Commercial Commons Seventh Addition Resubdivision. So moved by Alderman Frieders; 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, Frieders-aye
CITY COUNCIL REPORT
No report.
CITY CLERK'S REPORT
No report.
COMMUNITY& LIAISON REPORT
Sam Clementz
Alderman Frieders mentioned that the gentleman that ran against him for alderman in 2013 passed away
last week. Alderman Frieders wanted to give a public appreciation to Sam Clementz.
Yorktoberfest
Alderman Funkhouser reported that the Yorkville Kiwanis Club Yorktoberfest event,which was held on
October 5th,was successful even though it ended early due to the rain. He thanked the City staff for their
help with the event.
STAFF REPORT
Chief Jensen reported that last weekend,officers were called to the area of Route 47 and Kennedy Road
for a person passed out behind the wheel. Upon arrival, officers noticed the car was still in drive. Two
officers stopped the vehicle with their bodies until a sergeant was able to get a squad car pulled to the
• bumper to prevent the vehicle from entering the intersection and causing an accident. Officers were then
able to get into the vehicle with their equipment in order to put the vehicle in park. The officers called an
ambulance for assistance as the driver was experiencing a diabetic incident.
MAYOR'S REPORT(cont'd)
Fiscal Year 2019 Audit Report
(CC 2019-65)
Brad Porter, audit manager from Lauterbach&Amen, LLP, gave an overview of the city's fiscal year
2019 financial statement audit. He said there were a few items that he wanted to go over. The first item
is known as the SAS 114 letter. This statement on auditing standards 114 document requires the auditor
The Minutes of the Regular Meeting of the City Council—October 8,2019—Page 4 of 4
to communicate any disagreements or difficulties that the auditor has encountered over the course of their
audit testing. Mr. Porter was happy to report that there were not any disagreements or difficulties.
The second item he mentioned was that the City was awarded a Certificate of Achievement for
Excellence in Financial Reporting that was issued by the Government Finance Officers Association. This
award represents the highest form of financial reporting excellence that an entity can receive in the
governmental accounting world.
In the Independent Auditor's Report,Mr. Porter stated that the auditor has issued an unmodified opinion
• for fiscal year 2019,which is the cleanest form of an opinion that you can receive in the governmental
world. This opinion represents that the auditor feels that the financial statements are free from any
material misstatement and that there are sound internal controls over the financial reporting function.
Within the Comprehensive Annual Financial Report(CAFR)document, under the section titled
"Management's Discussion and Analysis",Mr. Porter pointed out that the City's aggregate net position
increased by$4,615,901 which is approximately 3.3%over the prior year. Mr. Porter also noted that the
state has implemented a Grant Accountability and Transparency Act which seeks to improve transparency
regarding grant expenditures. On page 137 of the CAFR,there is a consolidated year-end financial report
which breaks down each major grant program which is going on within the City's boundaries. On page
138,there is a report that is generated on the internal controls over the grant function. No material
deficiencies or significant weaknesses were identified regarding the internal controls over the financial
reporting.
Mr. Porter next mentioned the Management Letter. The primary purpose of this letter is for the auditor to
convey any internal control recommendations or best practices that they see across the industry. He
reported that there were no new current recommendations as a result of their fiscal year 2019 audit
procedures.
Finance Director Fredrickson gave a brief overview of the fiscal year 2019 audit(see attached).
ADDITIONAL BUSINESS
Speeding
Alderman Funkhouser mentioned the speeding on Route 34 and Route 47 as well as through the
• downtown area. He said he appreciated the efforts of the police department to address speeding, but he
feels it continues to be an issue.
Cannonball Trail Curve
Alderman Funkhouser reported on the Cannonball Trail curve. He thanked staff for paving the outside
curve and he requested that the inside curve be paved also.
CITIZEN COMMENTS
Rick Hanna,Yorkville resident, spoke regarding his extreme concern about the possibility of cannabis
being allowed in the City.
EXECUTIVE SESSION
None.
ADJOURNMENT
Mayor Purcell entertained a motion to adjourn the City Council meeting. So moved by Alderman
Milschewski; seconded by Alderman Plocher.
Motion unanimously approved by a viva voce vote.
Meeting adjourned at 8:34 p.m.
• Minutes submitted by:
C6(K. thiee/14;ria
Lisa Pickering,
City Clerk, City of Yorkville, Illinois
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Revenue performance,
Page 101 of paper copy (page 117 of pdf copy)
Revenue Line-Item Budgeted Amount Actual Amount "
Property Tax $3,149,823 $3,149,635
.
Sales Tax (local) $3,009,475 $3,070,663
Sales Tax (non-home rule) $2,339,575 $2,358,568
Utility Tax $943,340 $1,016,669
Income Tax $1,822,308 $1,966,699
Use Tax $500,279 $578,328
Hotel Tax $80,000 $77,563
Video Gaming Tax $110,000 $145,734
Excise (i.e. Telecom) Tax $325,000 $329,742
Cable TV Franchise Tax $290,000 $301,100
111 Controlling costs
Pages 103-108 of paper copy (pages 119-124 of pdf copy) -General Fund
Page 110 (126 pdf) - Library/ Pages 113-114(129-130 pdf) - Parks&Rec
Page 133 (154 pdf) for Sewer/ Page 134 (155 pdf) for Water
IDepartment Budgeted Expenses Actual Expenses
Administration $955,899 $934,740
Finance $490,629 $473,924
Police $5,645,116 $5,351,136
Community Development $829,646 $869,044
Public Works/Streets $919,028 $872,202
Admin Services $3,336,340 $3,291,811
j Library Operations $806,288 $791,441
Parks $1,143,164 $1,115,901
Recreation $1,109,462 $1,074,096
Sewer Operations $1,092,314 $472,396
Water Operations $3,351,034 $1,858,861
3
10/8/2019
General Fund Performance
Budgeted Actual IMiailf
Revenues 15,624,962 16,392,412 767,450 ,
Expenditures (13,350,885) (12,998,595) (352,290)
' Net Transfers (3,037,911) (3,010,367) (27,544)
Surplus(Deficit) (763,834) 383,450 1,147,284
Engineering Costs
FY 09, 5 FTE in-house for $618,640 (inflation adjusted) `.
FY 19, outsource for $420,275
$242,438 of routine engineering
$177,837 for subdivision inspections
Additional $269,044 in reimbursed development -
work
OP Additional $414,095 gross in capital project
it, expenses ($273,875 net cost to Cit
These items would not likely have been handled by in-
house employees
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10/8/2019
Items of Note
Fund balance categories and amounts
Paper pages 25-26 (pdf pages 36-37)
Restricted amount of $459k due to IMRF
levy, will be zeroed out in -2 years
Pensions and OPEB(notes & add'I info)
Paper page 75-97 (pdf pages 88-111) ',
poIllinois Municipal Retirement Fund
(IMRF) -pages 90/92-93 (pdf 104/106-107)
Total Pension Liability Percent Funded
Increased by $1.8M 99.46% - at
From $12.4M to $14.2M December 31, 2017 ,--
84.59% - at
Net Position December 31, 2018 t'
Decreased by $300K
From $12.3M to $12.0M
2016 $311,346 $311,346 - $2,853,781 10.91%
2017 308,134 308,134 - 2,898,722 10.63%
F
'
. 2018 344,487 344,487 - 3,217,682 10.71%
., 2019 350,666 350,666 - 3,506,685 10.00%
5
10/8/2019
I Police Pension Fund
.
pages 91/94-95 (pdf 105/108-109)
Total Pension Liability Percent Funded ''
Increased by $2.1M 45.55% - at
From $20.0M to $22.1M April 30, 2018
47.07% - at
I Net Position April 30, 2019
Increased by $1.3M
00.0011
From $9.1M to $10.4M
2015 $571,437 $624,168 $52,731 $2,220,146 28.11%
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2016 722,940 722,940 - 2,294,948 31.50%
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2017 825,413 825,413 - 2,320,642 35.57,
2018 966,211 966,211 - 2,543,266 37.99°k
2019 963,361 963,361 2,449,210 39.33%
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Items of note
Long term debt summary on paper
pages 60-68 (pdf pages 73-81)
Debt service schedules on paper pages
140-153 (pdf pages 163-176)
a
Developer commitment narratives
.
start on paper page 72 (pdf page 85)
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Upcoming
2019 Tax Levy discussion . .G
Tax levy estimate approval
October 16 Administration Committe-
October
w`..
22 City Council meeting
Public Hearing
November 12 City Council meeting
Discussion and potential vote
November 26 or December 10
Upcoming
10 FY 21 Budget rollout
October 19 goal setting session
Nov-Dec budget preparation
January 31, 2020 finalized
February 11, 2020 City Council presentation
February 25, 2020 City Council presentation
March 10, 2020 public hearing
Discussion and potential vote
March 24, 2020 City Council or
April 14, 2020 City Council or
April 28, 2020 City Council
10
REGULAR CITY COUNCIL MEETING
October 8, 2019
PLEASE PRINT
NAME: SUBDIVISION OR BUSINESS:
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