City Council Minutes 2024 04-23-24 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
HELD IN THE CITY COUNCIL CHAMBERS,
651 PRAIRIE POINTE DRIVE ON
TUESDAY,APRIL 23,2024
Mayor Purcell called the meeting to order at 7:00 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 (electronic attendance)
Ward IV Tarulis Present
Corneils Present
Staff in attendance at City Hall: City Administrator Olson, City Clerk Behland,Chief of Police Jensen,
Attorney Lamb,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 of the 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/87545658775?pwd=Ry9EQjNXWHNKNDRuW1BRQnZsdHN3 UT09.
The Zoom meeting ID was 875 4565 8775.
• QUORUM
A quorum was established.
AMENDMENTS TO THE AGENDA
Mayor Purcell moved Mayor's Report#1,Poppy Days Proclamation,and Mayor's Report#2,Motorcycle
Awareness Proclamation,before the Public Hearing.
PRESENTATIONS
None.
MAYOR'S REPORT
Poppy Days Proclamation
(CC 2024-23)
Mayor Purcell proclaimed May 9 - 15, 2024,may serve as Poppy Awareness Days in the United City of
Yorkville (see attached).
Motorcycle Awareness Proclamation
(CC 2024-24)
Mayor Purcell proclaimed the month of May 2024 as Motorcycle Awareness Month in the United City of
Yorkville(see attached).
PUBLIC HEARINGS
• 1. Corneils Solar Farm—Annexation
Please see the attached transcript from the court reporter regarding the public hearing portion of the
meeting.
CITIZEN COMMENTS ON AGENDA ITEMS
None.
The Minutes of the Regular Meeting of the City Council—April 23,2024—Page 2 of 6
CONSENT AGENDA
1. Minutes of the Regular City Council—March 26,2024
2. Minutes of the Regular City Council—April 9, 2024
3. Bill Payments for Approval
$ 1,921,679.08 (vendors)
$ 370,113.15 (payroll period ending 04/12/24)
$ 2,291,792.23 (total)
• 4. Water Reports for July 2023 —March 2024(PW 2024-31)
5. Kennedy Road and Freedom Place Intersection Improvements—Construction Engineering
Agreement—authorize the Mayor and City Clerk to execute(PW 2024-37)
6. Treasurer's Report for March 2024(ADM 2024-16)
7. Ordinance 2024-12 Approving the Third Amendment to the Amended Intergovernmental
Cooperative Agreement Between the United City of Yorkville and the Yorkville Bristol Sanitary
District Regarding Billing for District Services—authorize the Mayor and City Clerk to execute
(ADM 2024-21)
Mayor Purcell entertained a motion to approve the consent agenda. So moved by Alderman Tarulis;
seconded by Alderman Soling.
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(cont'd)
Appointment of Police Department
FOIA Officer—Crystal Bieritz
(CC 2024-25)
• Mayor Purcell entertained a motion to approve the appointment of Crystal Bieritz as a Freedom of
Information Officer for the Police Department. So moved by Alderman Koch; seconded by Alderman
Soling.
Motion unanimously approved by a viva voce vote.
Resolution 2024-18 Authorizing the Lease/Purchase of Eight
Tasers from Axon Enterprises,Inc.
(CC 2024-26)
Mayor Purcell entertained a motion to approve a Resolution Authorizing the Lease/Purchase of Eight
Tasers from Axon Enterprises,Inc and authorize the Mayor and City Clerk to execute. So moved by
Alderman Corneils; seconded by Alderman Transier.
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
Parks and Recreation Truck Purchase
(CC 2024-27)
Mayor Purcell entertained a motion to approve the purchase of a 2024 Ford 150 from Riverview Ford in
the amount not to exceed$40,031.03. So moved by Alderman Transier; 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
The Minutes of the Regular Meeting of the City Council—April 23,2024—Page 3 of 6
Resolution 2024-19 Approving a Memorandum of Understanding By and Between the
United City of Yorkville,Kendall County,Illinois and the Illinois
Fraternal Order of Police Labor Council
(CC 2024-28)
Mayor Purcell entertained a motion to approve a Resolution Approving a Memorandum of Understanding
By and Between the United City of Yorkville,Kendall County,Illinois and the Illinois Fraternal Order of
Police Labor Council and authorize the Mayor and City Clerk to execute. So moved by Alderman
Tarulis; seconded by Alderman 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, Tarulis-aye
Resolution 2024-20 Adopting the 2024 Kendall County Multi-Jurisdictional
Multi-Hazard Mitigation Plan
(CC 2024-29)
Mayor Purcell entertained a motion to approve a Resolution Adopting the 2024 Kendall County Multi-
Jurisdictional Multi-Hazard Mitigation Plan and authorize the Mayor and City Clerk to execute. So
moved by Alderman Corneils; seconded by Alderman Transier.
Motion unanimously approved by a viva voce vote.
Ordinance Approving an Amendment to the Yorkville
Unified Development Ordinance Regarding Park and
Recreation and School Site Dedication(Land Cash)
(CC 2024-30)
Mayor Purcell entertained a motion to initiate a text amendment for the Yorkville Unified Development
Ordinance Regarding Park and Recreation and School Site Dedication(Land Cash). So moved by
Alderman Plocher; seconded by Alderman Corneils.
City Administrator Olson reported that when the City approved the new Unified Development Ordinance,
it initiated the unattended effect of cutting our current school and park donations requirements in half for
• future developments.Mr. Olson shared staff is currently engaged with multiple developers who inquired
about the City's land cash requirements. The developers were given the previous land cash ordinance
information,and they were made aware that we were in the process of fixing it.This ordinance will revert
the City to the land cash requirements that were in place before the passing of the UDO. This is a zoning
code amendment that requires a public hearing. Staff will continue the discussion on the land cash
requirements and will return with a recommended update later.
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
Ordinance 2024-13 Amending Water Service Rates
(CC 2024-31)
Mayor Purcell entertained a motion to approve an Ordinance Amending Water Service Rates and
authorize the Mayor and City Clerk to execute. So moved by Alderman Plocher; seconded by Alderman
Transier.
Finance Director Fredrickson reported that the average home water bill will go up by$9.12 with the
amended water rates. The base rate is going up from$24 to $39. The rate for every 100 cubic feet of
water over 350 cubic feet is going up from$4.80 to $5.30. Mayor Purcell stated that this amendment
would put the City at the budgeted water sales revenue amount of$5.4 million.
Alderman Koch asked if commercial businesses would end up paying more. He mentioned he would like
• to know what properties would fall in this category for the increase. City Administrator Olson read off
examples from the memo within the packet,breaking down the percentages of customers and their cubic
feet usage.He stated that residential users would only increase by about$15 per billing cycle on the
higher end. Alderman Koch asked if residents could install an irrigation system,which Mr. Olson stated
that would need to be discussed with the building department. Mayor Purcell reminded the Council that
this is one step in a multi-year process. Alderman Funkhouser questioned lowering the base rate and
increasing the volumetric rate to generate the same targeted revenue,to which City Administrator Olson
said yes. City Administrator Olson shared staff looked at this option and wanted the Council to keep in
mind that increasing the base rate impacts the residential users, and increasing the volumetric rate impacts
the industrial and commercial users'rates. Alderman Koch asked how staff came up with the ratio used.
City Administrator Olson stated they used the same process used in the past. Alderman Transier specified
The Minutes of the Regular Meeting of the City Council—April 23,2024—Page 4 of 6
that the more customers use,the more they pay. However,this could be a problem if customers start using
less water when the City relies on these rates to meet the ratios. Mayor Purcell said the Council must
remember that we need to increase these yearly. He also shared that part of the WIFIA loan approval is to
map out our projected water rates for the next 35 years. Mayor Purcell said we will eventually have to
change the entire structure of water rates to include fees we currently do not have to pay. Alderman
Funkhouser stated the cost of living is very high right now, and anything to lower the base level will be
helpful to residents. Alderman Koch asked if we approved the rates now could it be changed at any time,
and City Administrator Olson said yes.
1111 A motion was made by Alderman Funkhouser to amend the proposed Ordinance Amending Water
Service Rates by changing the suggested rate of$39 up to 350 cubic feet of usage to $33.00 up to 350
cubic feet of usage and by changing the suggested rate of$5.30 per 100 cubic feet of usage over 350
cubic feet to $5.80 per 100 cubic feet of usage over 350 cubic feet, seconded by Alderman Corneils.
Motion to amend 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
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
Resolution 2024-21 Approving an Intergovernmental Agreement Between the
United City of Yorkville and Bristol Township
(CC 2024-32)
Mayor Purcell entertained a motion to approve a Resolution Approving an Intergovernmental Agreement
Between the United City of Yorkville and Bristol Township and authorize the Mayor and City Clerk to
execute. So moved by Alderman Koch; seconded by Alderman Funkhouser.
Motion approved by a roll call vote. Ayes-7 Nays-1
Plocher-nay,Funkhouser-aye, Tarulis-aye, Transier-aye,
Soling-aye, Marek-aye, Corneils-aye, Koch-aye
• Resolution 2024-22 Approving a Sublease Agreement Between the United
City of Yorkville and Yorkville Community
School District No. 115
(CC 2024-33)
Mayor Purcell entertained a motion to approve a Resolution Approving a Sublease Agreement Between
the United City of Yorkville and Yorkville Community Unit School District No. 115 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
Funkhouser-aye,Tarulis-aye, Transier-aye, Soling-aye,
Marek-aye, Corneils-aye,Koch-aye,Plocher-aye
PUBLIC WORKS COMMITTEE REPORT
Leak Detection Contract with M.E.Simpson
(PW 2024-34)
Alderman Koch made a motion to approve a contract with M.E. Simpson for a term of three years in the
amounts not to exceed$40,560 for year one, $40,560 for year two and, $41,340 for year three; seconded
by Alderman Transier.
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
• Pavement Management Program Update—
Preliminary Engineering Agreement
(PW 2024-35)
Alderman Koch made a motion to approve the Pavement Management Program Update—Professional
Services Agreement—Preliminary Engineering Agreement and authorize the Mayor and City Clerk to
execute; seconded by Alderman Corneils.
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
The Minutes of the Regular Meeting of the City Council—April 23,2024—Page 5 of 6
Kennedy Road and Freedom Place Intersection
Improvements—Contract Award
(PW 2024-36)
Alderman Koch made a motion to approve the bid and award contract to"D"Construction, Inc., subject
to securing the easement for Blackberry Oaks Golf Course, in the amount not to exceed$567,530.89 and
authorize the Mayor and City Clerk to execute; seconded by Alderman Funkhouser.
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
Supplemental MFT Resolution 2024-23 for Bulk Rock Salt
(PW 2024-38)
Alderman Koch made a motion to approve a supplemental MFT Resolution for the purchase of bulk rock
salt and authorize the City Clerk to execute; 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
ECONOMIC DEVELOPMENT COMMITTEE REPORT
No report.
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
Aurora Area Convention&Visitors Bureau(AACVB)
2024 Municipal Marketing Plan
(ADM 2024-20)
Alderman Plocher made a motion to approve the 2024 marketing plan as presented; seconded by
Alderman Funkhouser.
• Cort Carlson, Executive Director of the Aurora Area Convention&Visitors Bureau, shared that the
packet contains the results of last year's 2023 marketing plan and the proposed 2024 plan. The most
significant part of the 2024 marketing plan is the WGN Hometown Takeover,which will take place in
June.
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
Salary Ranges of City Employees
(ADM 2024-22)
Alderman Plocher made a motion to approve the recommended FY 25 salary ranges of City employees as
presented in the packet materials; seconded by Alderman Corneils.
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
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.
The Minutes of the Regular Meeting of the City Council—April 23,2024—Page 6 of 6
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
Molly Krempski said she wanted to speak again about Mayor Purcell's alcohol distribution at Hometown
Days from his ACE Hardware booth. She asked if the City allows ACE Hardware to be a vendor again
this coming year to consider these three things: Provide a copy of liability insurance that covers all
activities taking place within their booth during hometown days,consider that allowing unlicensed
distribution of a controlled substance without proper insurance puts the City at risk of a lawsuit, and
consider that allowing vendors to give alcohol away at a City event cuts down on the profits of the City's
licensed alcohol sales.
See the attached written comment from Jerome (Jerry) Gawlik
EXECUTIVE SESSION
None.
ADJOURNMENT
Mayor Purcell entertained a motion to adjourn the City Council meeting. So moved by Alderman Soling;
• seconded by Alderman Plocher.
Motion unanimously approved by a viva voce vote.
Meeting adjourned at 8:02 p.m.
Minutes submitted by:
Behland,
City Clerk, City of Yorkville,Illinois
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Page 1 of 2
4/10/2024
Planning & Zoning Commission P&ZC meeting 4/10/2024
City Council Members, Yorkville, IL City Council meeting 4/23/2024
Mayor John Percell City Council meeting 4/23/2024
Yorkville, IL
RE: Annexation agreement- Corneils Road Solar, LLC
City Council meeting 4/23/2024
Mayor and City Council members:
My name is Jerome Gawlik (Jerry), I live at in Yorkville. I have been representing
our community of approx. 208 homes, soon to grow to a total of approx. 290 homes. We are a
targeted 55+ community in which the majority of home owners are retired. The board of
Directors is still under the developer but preparing documents to turn over to its community to
members within the next few months.
It is my understanding that the P&ZC and ultimately City Council are considering annexation of
a piece of land South of Corneils Rd. near Rt. 47. We are not opposed to this annexation but
just want to raise some questions, concerns and add a few comments.
Is this the best and highest use for this land given its prime location near Rt47?
Did you consider the delta difference between R1 Residential or rezoning to Industrial,
commercial vs going back to A1 Agriculture with a special use?
Based on my readings A1 with special use would be a revenue loss to the city vs other land
uses. Can the city continue to take these revenue losses? Our taxes are high to begin with.
With 2 other solar farms already approved, this would be the 3rd solar farm if approved by City
Council with additional proposals forthcoming. Before approving this, given a revenue loss in
taxes for the city have you considered how the energy savings revenue generated by these
farms will be distributed to its residents?
Has there been thought on splitting revenue savings between Residential, Commercial or
Industrial citizens of Yorkville?
Page 2 of 2
Once again, I am a Senior on fixed income and live in a targeted 55+ community of approx. 290
homes when completed which maybe 1 or 2 years from now. There also exits other
communities similar to ours within Yorkville.
With taxes high and utilities on the rise, increases well above cost of living, can there be
consideration of the distribution of energy with ultimate revenue saving to senior residents on
fixed income, or at least have a priority option to sign up which would help offset the
continuing rise in water rates due to the installation of Lake Michigan water source to Yorkville.
Solar panels installed on residential roofs may not be an option given the expense beyond any
rebates and the long payback period involved.
In a memorandum dated March 1, 2024 from Kathleen Field Orr, City Attorney to Krysti
Barksdale -Noble, Ms. Orr attempts to address the restriction on number of Solar Farms
allowed in Yorkville. Within the memo she states; “What is unclear is the basis for such
restriction. Is it because Solar Farms generate minimal real estate taxes? Because Solar Farms
do not create much job opportunity? But, with regard to taxes or jobs, how are Solar Farms
different from not-for-profit organizations? Are all Solar Farms the same that a prohibition
would apply to all? Would the restriction apply to community solar farms?”
Attorney Orr further states; “I would suggest that a study be made of restrictions of the
location, size, and proximity to the residential communities to allow the city to prevent a
proliferation of Solar Farms which could have negative impact on the community.”
Attorney Orr mentions in her memorandum loss of taxes and negative impact on the
community.
Can the city afford the revenue loss due to rezoning R1 to A1 special use or can you do the
right thing to its residential residents by proper distribution of energy generated by Solar
Farms and ultimately dollar savings to Yorkville citizens, with priority to seniors on fixed income
and help them offset the increase in water rates due to the influx of Lake Michigan Water.
These important points should all be considered prior to approving the annexation of this and
other parcel of land for similar use.
Thank you for your time and consideration.
Jerome (Jerry) Gawlik