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City Council Minutes 2022 10-25-22MINUTES 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, OCTOBER 25, 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 Absent Soling Present Ward III Funkhouser Present Marek Present Ward IV Tarulis Present Peterson Present (electronic attendance) 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, 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/85144772882?pwd=aFdVSGdkVWtCTEdNMmMIK3kvN3ZiZzO9. The Zoom meeting ID was 8514477 2882. QUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. PRESENTATIONS FYE 2022 Audit Presentation Jamie Wilkey from Lauterbach & Amen, LLP was in attendance and gave an overview of the City's fiscal year 2022 financial statement audit. She mentioned there were a few things she wanted to go over with the Council. Ms. Wilkey shared that Finance Director Fredrickson and his staff did an excellent job preparing the information; nothing was incomplete, and there were no concerns. She shared the City was once again awarded a Certificate of Achievement for Excellence in Financial Reporting, issued by the Government Finance Officers Association. This award represents the highest form of financial reporting excellence that is issued across the industry. They will submit once again for this year. Finance Director Fredrickson gave a brief overview of the fiscal year 2022 audit (see attached). PUBLIC HEARINGS 1. Ordinance Approving the Third Amendment to the Annexation and Planned Unit Development Agreement for a Portion of the Windmill Farms Development (Restore Church, Inc.) 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 — October 25 2022 — Page 2 of 5 CITIZEN COMMENTS ON AGENDA ITEMS None. CONSENT AGENDA 1. Minutes of the Regular City Council — September 27, 2022 2. Minutes of the Regular City Council —October 11, 2022 3. Bill Payments for Approval $ 1,835,031.27 (vendors) $ 354,195.03 (payroll period ending 10/14/2022) $ 2,189,226.30 (total) 4. Water Reports for May — September 2022 (PW 2022-66) 5. Ordinance 2022-38 Accepting Certain Easements for a Riverwalk Along the Fox River and Art Exhibit Area — authorize the Mayor and City Clerk to execute (PW 2022-71 & EDC 2022-57) 6. Single Axle Dump Truck Price Increase — Third — accept the price increase of $14,145. 00for the single axle dump truck purchased through JX Truck Center for a new total price of $128, 445.00 (PW 2022-72) 7. Kendall Marketplace Residential — One Year Release — authorize the release of the performance security (West Suburban Bank #2001 - $35,265.20) upon receipt of the new performance guarantee in the amount of $28, 680.00 (PW 2022-73) 8. 2023 Road to Better Roads — Design Engineering Agreement — approve the 2023 Road to Better Roads Program Professional Services Agreement — Design Engineering and authorize the Mayor and City Clerk to execute (PW 2022-75) 9. Sale of Vehicles and Equipment — authorize staff to sell a 2004 Ford F350 dump truck with plow and a 2007 Ford F250 pickup with plow through AutoSmart, Inc. of Oswego (PW 2022-76) 10. Resolution 2022-46 Approving a Proposal from Gjovik Ford, Inc. to the United City of Yorkville, Illinois and Kendall County for Vehicle Maintenance — authorize the Mayor and City Clerk to execute (PW 2022-78) 11. Treasurer's Report for September 2022 (ADM 2022-44) 12. Annual Treasurer's Report (ADM 2022-48) 13. Ordinance 2022-39 Amending the Yorkville City Code, Title 1, Chapter 7, Section 3: Procurement — authorize the Mayor and City Clerk to execute (ADM 2022-50) Mayor Purcell entertained a motion to approve the consent agenda. So moved by Alderman Funkhouser; seconded by Alderman Peterson. Motion approved by a roll call vote. Ayes-7 Nays-0 Koch -aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Soling -aye, Marek-aye, Peterson -aye REPORTS MAYOR'S REPORT Adoption Proclamation (CC 2022-48) Alderman Peterson read the Adoption Proclamation to the Council. Mayor Purcell then proclaimed the month of November as Adoption month in the United City of Yorkville (see attached) Appointment of Deputy Clerk — Monica Cisija (CC 2022-49) Mayor Purcell entertained a motion to approve the appointment of Monica Cisija as Deputy Clerk. So moved by Alderman Marek; seconded by Alderman Tarulis. Motion approved by a roll call vote. Ayes-7 Nays-0 Funkhouser-aye, Tarulis-aye, Transier-aye, Soling -aye, Marek-aye, Peterson -aye, Koch -aye The Minutes of the Regular Meeting of the City Council — October 25 2022 — Page 3 of 5 Appointment of FOIA Officer — Monica Cisija (CC 2022-50) Mayor Purcell entertained a motion to approve the appointment of Monica Cisija as a Freedom of Information Officer. So moved by Alderman Funkhouser; seconded by Alderman Soling. Motion approved by a roll call vote. Ayes-7 Nays-0 Tarulis-aye, Transier-aye, Soling -aye, Marek-aye, Peterson -aye, Koch -aye, Funkhouser-aye Disposal of Park and Recreation Vehicles (CC 2022-51) Mayor Purcell entertained a motion to approve the selling of Parks and Recreation's Ford F-350 Landscape Pick -Up Truck and a 2007 Ford F-350 Dump Truck. So moved by Alderman Transier; seconded by Alderman Peterson. Motion approved by a roll call vote. Ayes-7 Nays-0 Transier-aye, Soling -aye, Marek-aye, Peterson -aye, Koch -aye, Funkhouser-aye, Tarulis-aye Mission Zero Hundred Hours — Saluting with Smoke Proclamation (CC 2022-52) Mayor Purcell proclaimed the weekend of November 4, 2022, as Saluting with Smoke Weekend in the United City of Yorkville. (see attached) PUBLIC WORKS COMMITTEE REPORT Corneils Road Interceptor Sewer — Bid Award (PW 2022-69) Alderman Marek made a motion to accept the bid and award contract to Fischer Excavating, Inc. in an amount not to exceed $3,140,637.45, subject to the conveyance of the easements required to construct the sewer line; seconded by Alderman Tarulis. Motion approved by a roll call vote. Ayes-7 Nays-0 Soling -aye, Marek-aye, Peterson -aye, Koch -aye, Funkhouser-aye, Tarulis-aye, Transier-aye Corneils Road Interceptor Sewer — Construction Engineering Agreement (PW 2022-70) Alderman Marek made a motion to approve the Corneils Road Interceptor Sewer Professional Services Agreement — Construction Engineering and authorize the Mayor and City Clerk to execute; seconded by Alderman Peterson. Motion approved by a roll call vote. Ayes-7 Nays-0 Marek-aye, Peterson -aye, Koch -aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Soling -aye 2022 Sanitary Sewer Lining — Bid Award (PW 2022-74) Alderman Marek made a motion to accept bid and award contract to Hoerr Construction, Inc. in an amount not to exceed $85,480.00; seconded by Alderman Soling. Motion approved by a roll call vote. Ayes-7 Nays-0 Peterson -aye, Koch -aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Soling -aye, Marek-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. The Minutes of the Regular Meeting of the City Council — October 25, 2022 — Page 4 of 5 PARK BOARD Halloween Update Parks and Recreation Director Evans shared with the Council that the Halloween Egg Hunt & Bizz Boo had a great turnout this past weekend, and he wanted to thank everyone for participating. Mr. Evans stated that Trick or Treat hours for the City of Yorkville are 4:00 p.m. to 7:00 p.m. Flags of Valor Parks and Recreation Director Evans reported the 2022 Yorkville Flags of Valor has started, and people who would like to donate a flag for this year can do so now. Flags will be displayed at Town Square beginning Tuesday, November 1st, through Monday, November 140'. 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) Resolution 2022-47 City Building Updates Approving Change Orders Relating to 651 Prairie Pointe Drive, Yorkville, Illinois (Seventh Set of Change Orders) (CC 2021-04) Mayor Purcell entertained a motion to approve a Resolution Approving Change Orders Relating to 651 Prairie Pointe Drive, Yorkville, Illinois (Seventh Set of Change Orders) and authorize the Mayor and City Clerk to execute. So moved by Alderman Tarulis; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-7 Nays-0 Koch -aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Soling -aye, Marek-aye, Peterson -aye Water Study Update (CC 2021-38) City Administrator Olson reported to the Council that the IDNR pre -hearing was last Friday, October 21" for a Lake Michigan allocation permit. The next pre -hearing will not be until April. Mr. Olson said 1DNR wants the City to be under 10% water loss earlier than expected. This means they will need a list of concrete projects the City will do to lower the water loss rate. ADDITIONAL BUSINESS None. CITIZEN COMMENTS Barb, a Piano resident, shared a quote by a Supreme Court Justice from 1884 about Christianity. She also said she is against drag shows in a children's atmosphere. Jenny, a Yorkville resident, thanked the Council. She stated the drag show in Yorkville was in an establishment for people 21 years and older. She shared she would not bring her children to that establishment as it was for people 21 and older. Jenny said everyone has choices, and if you disagree with it, you have a choice not to go. Molly Krempski, a Yorkville resident, shared social media research with the Council on the performers from the Pinz drag show from August 2022. Molly states this is a sexually provocative style of entertainment, and there needs to be a conversation about the impact that allowing adult entertainers to perform in standard business zones will have on the future of Yorkville. The Minutes of the Regular Meeting of the City Council — October 25, 2022 — Page 5 of 5 Mike Krempski, a Yorkville resident, stated they were here because of an ordinance violation and wanted to discuss a viable strategy moving forward. He shared their personal beliefs don't change the ordinances currently in place, and they will continue to express their religious views freely. Keith, a Plano resident, stated everyone has a right to do what they want and live the lives they want to live. But when you start putting things like this in front of children, there is an issue. There are ordinances in Yorkville that should prevent this that are not being enforced. Keith said if you are not enforcing this, you are tyrants and need to be removed. EXECUTIVE SESSION None. ADJOURNMENT Mayor Purcell entertained a motion to adjourn the City Council meeting. So moved by Alderman Transier; seconded by Alderman Marek. Motion approved by a roll call vote. Ayes-7 Nays-0 Funkhouser-aye, Tarulis-aye, Transier-aye, Soling -aye, Marek-aye, Peterson -aye, Koch -aye Meeting adjourned at 8:22 p.m. Minutes submitted by: Vhoriland, rk, City of Yorkville, Illinois United City of Yorkville Audit Overview - City Council October 25, 2022 Fiscal Year 2022 Another award 11t" time Certificate of Achievement for Excellence in Financial Reporting Award by the Government Finance Officers Association of the US and Canada in FY 21 Other Fund r)afiritc General Fund Fund Balance History 12 Bond proceeds .210 Looming I g Debt R Neg Ft Bali General Fund Budget Surplus(Deficit) Bond proceeds Fund Close O t Transfers Fb illdinn RPcp-nninn e e*" eb e ti°,���ati��°,,yti c� t� F� F� t� Fy Fy t� Fy �Cy c� t� F� Property Tax $3,426,246 Sales Tax (local) $3,582,508 Sales Tax (non -home rule) $2,649,473 Utility Tax $993, 340 Income Tax $2,336,774 Use Tax $937,660 Hotel Tax $80,000 Video Gaming Tax $140,000 Excise (i.e., Telecom) Tax $209,000 Cable TV Franchise Tax $300,000 $3,415,461 $4,450,012 $3,483,930 $1,209,606 $3,175,556 $798,764 $138,415 $252,890 $199,888 $298,048 Administration $996,443 $822,343 Finance $557,390 $536,226 Police $6,158,904 $6,018,903 Community Development $990,515 $1,154,892 PW - Streets & Sanitation $2,649,285 $2,572,571 Admin Services $3,739,308 $3,782,458 Library Operations $943,018 $834,944 Parks $1,402,523 $1,300,338 Recreation $1,398,535 $1,080,704 Sewer Operations $2,352,904 $2,127,378 Water Operations $6,081,733 $5,316,323 Revenues Expenditures Net Transfers Surplus(Deficit) 18,065,270 (15,091,845) (21973,425) m 23,117,947 (14,887,393) (6,775,808) 1,454,746 5,052,677 (204,452) 31802,383 1/454/746 Items of Note Fund balance categories and amounts Paper pages 77-78 (pdf pages 84-85) Pensions and OPEB(notes & add'I info) Paper page 82-106 (pdf pages 89-113) Illinois Municipal Retirement Fund (IMRF) -pages 98/101-102(pdf 105/108-109) Total Pension Liability Increased by $0.95M From $15.9M to $16.8M Net Position Percent Funded Dec 2017: 99.46% Dec 2018: 84.59% Dec 2019: 92.82% Increased by $2.5M Dec 2020: 101.96% From $16.2M to $18.7M Dec 2021: 111.05% Police Pension Fund pages 99/103-104 (pdf 106/110-111) Total Pension Liability Increased by $2.OM From $25.OM to $27.OM Percent Funded Apr 2018: 45.55% Apr 2019: 47.07% Net Position Apr 2020: 46.17% Decreased by $93,002 Apr 2021: 58.24% From $14.6M to $14.5M Apr 2022: 53.56% Items of note Long term debt summary on paper pages 68-76 (pdf pages 75-83) Debt service schedules on paper pages 159-171 (pdf pages 166-178) Developer commitment narratives start on paper page 79 (pdf page 86) Other items of note Statistical Section Pages 172 -210 (pdfpages 179-217) Historical Trends covering: City financial trends Revenue & debt capacity Demographic & economic information Operating information Other items of note Statistical Section Paper pages 204-205 (pdf pages 211-212) employee counts 87 full-time employees in 2022 96 full-time employees in 2008 86 full-time employees in 2010 Paper pages 206-210 miscellaneous service Traffic violations Permits issued Streets resurfaced, in ( df pages 213-217) �ata miles Street inventory New housing starts per year Management Letter Recommendations Funds with deficit equity (prior year) Countryside & Downtown TIF's Over time development in the TIF Districts should yield sufficient surpluses to eliminate negative equity position. Implementation of GASB 87 (new) Accounting for Leases -effective 4/30/2023 Upcoming 2022 Tax Levy discussion Tax levy estimate approval October 1 it" City Council meeting Public Hearing November 8t" City Council meeting Discussion and potential vote November 22nd or December 13tn Upcoming FY 24 Budget rollout Nov 22-3an 23 staff planning discussions Feb 23 budget finalized Feb 23 City Council presentation March 23 public hearing Discussion and potential vote March 28, 2023 City Council or April 11, 2023 City Council or April 25, 2023 City Council 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 Reponing Service 815.993.2832 cros.vitosh@gmail.com ity Council - Public Hearing - October 25, 202 VA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 PRESENT (in person and via Zoom): Mr. John Purcell, Mayor; Mr. Ken Koch, Alderman; Mr. Dan Transier, Alderman; Mr. Craig Soling, Alderman; Mr. Chris Funkhouser, Alderman; Mr. Matt Marek, 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. Rob Fredrickson, Finance Director; Mr. Eric Dhuse, Public Works Director; Chief James Jensen, Police Department; Mr. Tim Evans, Parks and Recreation Director; Ms. Krysti Barksdale -Noble, Community Development Director. Vitosh Reponing Service 815.993.2832 cros.vitosh@gmail.com ity Council - Public Hearing- October 25, 202 1 (WHEREUPON, the following 2 proceedings were had in the 3 public hearing portion of 4 the meeting:) 5 MAYOR PURCELL: We have a public 6 hearing, and this public hearing is the ordinance 7 approving the Third Amendment to the Annexation 8 and Planned Unit Development Agreement for a 9 portion of the Windmill Farms Development, 10 Restore Church. I am opening the public hearing. 11 Is there anyone who would like to 12 speak to this public hearing? Nothing else, just 13 in public hearing. 14 (No response.) 15 MAYOR PURCELL: Okay. I will close the 16 public hearing. 17 (Which were all the 18 proceedings had in the 19 public hearing portion 20 of the meeting.) 21---000--- 22 23 24 Vitosh Reponing Service 815.993.2832 cros.vitosh@gmail.com City Council - Public Hearing - October 25, 2022 4 1 STATE OF ILLINOIS ) ) SS. 2 COUNTY OF LASALLE ) 3 I, Christine M. Vitosh, a Certified Shorthand 4 Reporter, do hereby certify that I transcribed 5 the proceedings had at the pubic hearing and that 6 the foregoing, Pages 1 through 4, inclusive, is a 7 true, correct and complete computer -generated 8 transcript of the proceedings had at the time and 9 place aforesaid. 10 I further certify that my certificate annexed 11 hereto applies to the original transcript and 12 copies thereof, signed and certified under my 13 hand only. I assume no responsibility for the 14 accuracy of any reproduced copies not made under 15 my control or direction. 16 As certification thereof, I have hereunto set 17 my hand this 26th day of October, A.D., 2022. 18 19 20 Christine M. Vitosh, CSR Illinois CSR No. 084-002883 21 22 23 24 Vitosh Reponing Service 815.993.2832 cros.vitosh@gmail.com UNITED CITY OF YORKVILLE:'s+d � WHEREAS, we have a responsibility as individuals, neighbors, community111 $e members and citizens of the United City of Yorkville to recognize that all children need love, support, security and a place to call home; and WHEREAS, for children who are born into families unable to meet their ongoingR+,��� needs, adoption offers healthy and safe family environments, which help produce ;�°��+��►�i confident and successful adults; and �< WHEREAS, families who choose the life -changing path of adoption make a meaningful and lasting difference in the lives of some of the most vulnerable young people in our society; and��� ,f 0 Oil WHEREAS, adoptive parents and families require and deserve community and �,4 public agency respect and support; and ¢� WHEREAS, during National Adoption Month, we celebrate all those who have invited a child in need into their hearts and into their homes, and express our profound appreciation for all who help make adoptions possible.+�e}■.y.y}y{{y� WHEREAS, volunteers in the United City of Yorkville help to ensure that children in foster care or other out -of -home placements are adopted into safe, loving homes when their own families can't meet their needs, and NOW, THEREFORE, I, John Purcell, do hereby proclaim November 2022 as •:�aP�����1 National Adoption Month in the United City of Yorkville and I urge all citizens to support adoption organizations and engage in activities that strengthen families and communities to provide the optimal environment for children to learn, grow and thrive so that all children have the benefit of happy, healthy and safe homes. Dated this 25 day of October, 2022, A.D. John Purcell, .� WHEREAS, Mission Zero Hundred Hours is a non profit focused on Veteran suicide prevention and awareness through competitive culinary arts; and WHEREAS, MZHH believes competition BBQ can provide a familiar, structured, and mission -centric environment to Veterans that helps struggling vets channel their energies toward healthy goals; and WHEREAS, Veterans have the opportunity to cook with teams as part of their effort and mission to raise awareness and end Veteran Suicide; by embedding Veterans with BBQ Cook Teams for an S'p'p; immersive BBQ Mission; and',�� .; bi;::..: WHEREAS, Friday, November 4, 2022, and Saturday, November 5, gip® 9i 2022, marks Mission Zero Hundred Hours Saluting with Smoke�<j: Festival and Fundraiser event at Raging Waves Waterpark (4000 N. $ � 4f'v Bridge Street, Yorkville). !p st �j ��►;,}ids: NOW, THEREFORE, I, John Purcell, Mayor of the United City of ' Yorkville, do hereby proclaim the weekend of November 4, 2022 as E , the "Saluting with Smoke Weekend" in the United City of Yorkville }� and encourage all residents to support Mission Zero Hundred Hours N i by participatingin the Saluting with Smoke Festival and Fundraiser. k �� Dated this 25" day of October, 2022, A.D.-T7V r. John Purcell, ayor 11' 'Z j°♦' _ e 2 6 < 4.