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City Council Minutes 2022 04-12-22MINUTES 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,APRIL 12,2022 Mayor Purcell called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. Mayor Purcell stated that he has determined that under the Governor's orders the meeting can be held with electronic attendance for the safety of the council members and the public and to help prevent the spread of the coronavirus. 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 Absent Ward IV Tarulis Present Peterson Present Staff in attendance at City Hall: City Clerk Behland,City Administrator Olson,Chief of Police Jensen, Attorney Orr,Public Works Director Dhuse,Community Development Director Barksdale-Noble, Finance Director Fredrickson,Parks and Recreation Director Evans,Assistant City Administrator Willrett,Attorney Gardiner,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 of Yorkville encouraged social distancing by allowing remote attendance to the City Council meeting. Members of the 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/j/83815654678?pwd=MXVrOF1IMHIKWVVUR1pYaG55NnN3dz09. The Zoom meeting ID was 838 1565 4678. QUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. PRESENTATIONS Yorkville Christian High School Wrestling Team Class 1A IHSA State Championship Mayor Purcell presented a certificate of recognition to the Yorkville Christian High School Wrestling Team for their Class 1A IHSA State Championship. Yorkville Christian High School Basketball Team Class 1A IHSA State Championship Mayor Purcell presented a certificate of recognition to the Yorkville Christian High School Basketball Team for their Class 1A IHSA State Championship. PUBLIC HEARINGS 1. Ordinance Approving the Second Amendment to the Annexation and Planned Unit Development Agreement for a Portion of the Windmill Farms Development(BW Properties Holdings, LLC/Bricolage Wellness PLLC) Please see attached transcript from the court reporter regarding the public hearing portion of the meeting. The Minutes of the Regular Meeting of the City Council—April 12,2022—Page 2 of 4 CITIZEN COMMENTS ON AGENDA ITEMS Michael Svanovick,a resident that lives on River Road,addressed the Council with concerns about Bright Farms.Mr. Svanovick is worried for people on wells in the area Bright Farms is proposing their well. CONSENT AGENDA 1. Minutes of the Regular City Council—March 8,2022 2. Bill Payments for Approval 1,227,481.71 (vendors) 134,486.59 (wire payments) 667,885.46 (payroll period ending 3/18/2022&04/01/2022) 2,029,853.76 (total) Mayor Purcell entertained a motion to approve the consent agenda. So moved by Alderman Peterson; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-7 Nays-0 Koch-aye,Plocher-aye,Funkhouser-aye,Tarulis-aye, Transier-aye, Soling-aye,Peterson-aye REPORTS MAYOR'S REPORT Springfield Mayor Purcell shared that Administrator Olson,City Attorney Orr,some of the alderman,and himself attended the drive down to Springfield and met with Governor Pritzker.Mayor Purcell mentioned they discussed the water commission. Parks and Recreation Events Mayor Purcell asked Parks and Recreation Director Evans how the Easter Egg-Stravaganza went on Saturday,April 2"d. Director Evans said they had 425 participants in the Yorkville High School gym. Mayor Purcell thanked the staff and school district.Mayor Purcell also reminded everyone that Margaritas En Mayo would take place on Thursday,May 26th,in Downtown Yorkville and at Riverfront Park from 5:30—9:30 pm. Bright Farms CC 2022-05) Administrator Olson reported on the Bright Farms draft development agreement and went through his memo that is within the packet.The final item within the agreement is regarding the building permit fees, which the City's current estimate is more than$350,000.City staff is currently reviewing other towns' permit fees,Bright Farms request for a fee reduction,and how much time we think it will take staff to plan,review,and inspect these buildings.Mr.Olson said they would later provide a more detailed update and recommendation to the City Council.Alderman Funkhouser requested not to take a significant cut on the building permit fees.Alderman Plocher requested to go with the bonding regarding Corniels Road. Alderman Transier agreed with the bonding and wants to hear more about the water impact of surrounding wells.Alderman Peterson agreed and would like to know more about the inspection fees. Alderman Soling would like to hear more about the recapturing of the water. City Engineer Sanderson said they reviewed Bright Farms' information and conducted an independent analysis of the data. Mr. Sanderson said the Bright Farms project would not affect the City's wells in the area. There are three miles between the Bright Farms well and the closest City well.EEI anticipates three to four wells near the Bright Farms well that could possibly be affected,and they plan to go door to door to speak to the residents. Sean O'Neil with Bright Farms shared the well analysis and water update slides.(see attached) In the presentation,Mayor Purcell said it showed they would be using 75 million gallons per year at full build-out and wanted to know much of that is coming from rainwater or well water.Mr. O'Neil said the total they expect from rainwater would be roughly a quarter of the 75 million gallons. The other three quarters would be coming from the expected reused and recycled water. The Minutes of the Regular Meeting of the City Council—April 12,2022—Page 3 of 4 Ordinance 2022-12 Amending Title 3,Chapter 3 of the Code of Ordinances Amending a Liquor License Class(Microwinery/Winery) CC 2022-13) Mayor Purcell entertained a motion to approve an Ordinance Amending Title 3,Chapter 3 of the Code of Ordinances amending a Liquor License Class(Microwinery/Winery)and authorize the Mayor and City Clerk to execute. So moved by Alderman Transier; seconded by Alderman Peterson. Alderman Funkhouser made a motion to amend letter"e"of the proposed code change to read e)permit a patron to remove one unsealed,partially consumed bottle of wine for off-premises consumption; seconded by Alderman Plocher. Motion to amend unanimously approved by a viva voce vote. Original Motion approved by a roll call vote. Ayes-7 Nays-0 Plocher-aye,Funkhouser-aye,Tarulis-aye,Transier-aye, Soling-aye,Peterson-aye,Koch-aye PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Aging-in-Community Memorandum of Understanding EDC 2022-19) Alderman Peterson made a motion to approve the Memorandum of Understanding Between the Metropolitan Mayors Caucus,Planning/Aging,and Yorkville for Aging in a Changing Region 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, Soling-aye, Peterson-aye,Koch-aye,Plocher-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. PARK BOARD No report. PLANNING AND ZONING COMMISSION No report. 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) City Administrator Olson stated construction has begun at the Prairie Pointe building.Updates will be forwarded as they come in. Water Study Update CC 2021-38) City Administrator Olson shared with the Council that the bill did pass for representation on the DuPage Water Commission Board.The bill is now in front of the Governor for signature. The Minutes of the Regular Meeting of the City Council—April 12,2022—Page 4 of 4 Ordinance 2022-13 Approving the 2022-2023 Fiscal Budget for the United City of Yorkville CC 2022-14) Mayor Purcell entertained a motion to approve an Ordinance Approving the 2022-2023 Fiscal Budget, incorporating budget adjustments#1 through#15 and authorize the Mayor and City Clerk to execute. So moved by Alderman Transier; seconded by Alderman Peterson. Motion approved by a roll call vote. Ayes-7 Nays-0 Tarulis-aye,Transier-aye, Soling-aye,Peterson-aye, Koch-aye,Plocher-aye,Funkhouser-aye ADDITIONAL BUSINESS None. CITIZEN COMMENTS Route 47 Alderman Koch asked about Route 47,and if there was any updated regarding how damaged the road is and how bad the patchwork was. City Administrator Olson said they should start restoration next week and finalize quickly after. EXECUTIVE SESSION Mayor Purcell entertained a motion to go into executive session for the following: 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. For the purchase or lease of real property for the use of the public body. For the discussion of minutes of meetings lawfully closed under the Open Meetings Act,whether for purposes of approval by the body of the minutes or semi-annual review of the minutes. So moved by Alderman Plocher;seconded by Alderman Soling. Motion approved by a roll call vote. Ayes-7 Nays-0 Transier-aye, Soling-aye,Peterson-aye,Koch-aye, Plocher-aye,Funkhouser-aye,Tarulis-aye, The City Council entered executive session at 8:57 p.m. The City Council returned to regular session at 9:40 p.m. ADJOURNMENT Mayor Purcell entertained a motion to adjourn the City Council meeting. So moved by Alderman Plocher; seconded by Alderman Peterson. Motion unanimously approved by a viva voce vote. Meeting adjourned at 9:41 p.m. Minutes submitted by: Joe :ehland, City Clerk,City of Yorkville,Illinois 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com 1 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS CITY COUNCIL MEETING PUBLIC HEARING 800 Game Farm Road Yorkville, Illinois Tuesday, April 12, 2022 7 :00 p .m . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com 2 PRESENT (in person and via Zoom): Mr. John Purcell, Mayor; Mr. Ken Koch, Alderman; Mr. Dan Transier, Alderman; Mr. Arden Joe Plocher, Mayor Pro-Tem; Mr. Craig Soling, Alderman; Mr. Chris Funkhouser, Alderman; Mr. Seaver Tarulis, Alderman; Mr. Jason Peterson, Alderman. ALSO PRESENT (in person and via Zoom): Mr. Bart Olson, City Administrator; Ms. Jori Behland, City Clerk; Ms. Erin Willrett, Assistant City Administrator; Ms. Kathleen Field-Orr, City Attorney; Mr. Brad Sanderson, City Engineer; Mr. Eric Dhuse, Public Works Director; Ms. Krysti Barksdale-Noble, Community Development Director; Mr. Rob Fredrickson, Finance Director; Mr. Tim Evans, Parks and Recreation Director; Chief James Jensen, Yorkville Police Department. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearing - April 12, 2022 3 WHEREUPON, the following proceedings were had in public hearing portion of the meeting:) MAYOR PURCELL: I will open now the public hearing for the ordinance to approve the Second Amendment to the Annexation and Planned Unit Development Agreement for a portion of the Windmill Farms Development, B W Properties Holdings, LLC, Bricolage -- I don't know if I pronounced that right -- Wellness, P LLC. Krysti, is this something you want to talk about at all? MS. NOBLE: Sure, I can do it now. MAYOR PURCELL: I know this is technically the public hearing, but tell us what it's about. MS. NOBLE: Windmill Farms is a subdivision that the City approved in 2006. It had a land plan attached to it for several parcels. The development never occurred and the developer at the time had not secured all the parcels, so there was never a final plat attached 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearing - April 12, 2022 4 to the PUD plan, and all they had was the Annexation Agreement. This particular property is one of several properties that has changed hands since that time, and they are looking to establish a professional office setting within the existing single-family home that's there. The underlying zoning is B -3 . This property would go through the public hearing process to rezone it, and that's at tomorrow's Planning and Zoning Commission. Tonight's request is just for them to be removed from the land plan that's attached to it. MAYOR PURCELL: Excellent. So now that I have opened the public hearing, thank you for the comments, are there any members of the public here in person that would like to comment at this public hearing? No response.) MAYOR PURCELL: Are there any members in Zoomland who would like to comment on the public hearing? No response.) MAYOR PURCELL: This public hearing is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearing - April 12, 2022 5 now closed. Thank you very much. Which were all the proceedings had in the public hearing portion of the meeting.) o 0 o --- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Vitosh Reporting Service 815.993.2832 cms.vitosh@gmail.com City Council - Public Hearing - April 12, 2022 6 STATE OF ILLINOIS ) SS. COUNTY OF LASALLE ) I, Christine M. Vitosh, a Certified Shorthand Reporter, do hereby certify that I transcribed the proceedings had at the pubic hearing and that the foregoing, Pages 1 through 6, inclusive, is a true, correct and complete computer-generated transcript of the proceedings had at the time and place aforesaid. I further certify that my certificate annexed hereto applies to the original transcript and copies thereof, signed and certified under my hand only. I assume no responsibility for the accuracy of any reproduced copies not made under my control or direction. As certification thereof, I have hereunto set my hand this 13th day of April, A.D., 2022. Christine M. 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BF test well (Ancell Layer) Most City of Yorkville wells sand and gravel wells 3 BrightFarms has worked with City’s engineers to ensure no net impact on City or area farms. • BrightFarms to notify 4 area wells that might be affected. • Will cover costs of lowering pumps if necessary. Existing sandstone well • BrightFarms likely to seek an additional well in the sand and gravel. Water is abundant, less energy to pump. • The same process will be followed, ensuring minimal impact. Additional Well 4 Conservative estimates of BrightFarms water balance – goal is water neutrality. 1 module (phase 1) 4 modules (full build-out) Plant Uptake 84,000 336,000 Process/Washdown 23,000 92,000 Cooling Tower Make-up 2,500 10,000 Domestic Water 5,800 23,200 Total Usage 115,300 461,200 Wastewater recycling 23,000 92,000 Rainwater capture (est)25,500 102,000 Condensate Recovery (transpiration)15,000 60,000 Condensate Recovery (boilers)TBD TBD Total Recycled 63,500 254,000 NET GALLONS/DAY 51,800 207,200 EXISTING CONDITION (GAL/YEAR) 72,000,000 BRIGHTFARMS TOTAL (GAL/YEAR) 75,628,000 Net Balance 3,628,000 Hybrid corn uses 600,000 gal/year/acre. Assumes corn gets all water from overburden as opposed to water that would otherwise run off Does not reflect water returned to the ground via stormwater detention (10 acres) and unutilized land (20 acres). Rainwater capture covers 2.5 acres.