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COW Minutes 2007 11-27-07 Page 1 of 9 APPROVED 12/18/07 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE CITY COUNCIL CHAMBER November 27, 2007 7:00 P.M. ELECTED OFFICIALS PRESENT: Mayor Valerie Burd Alderman Arden Plocher Alderman Joe Besco Alderman Rose Spears Alderman Gary Golinski Alderman Robin Sutcliff Alderman Jason Leslie City Treasurer Bill Powell (arrived 7:58 p.m.) Alderman Wally Werderich Deputy Clerk Lisa Pickering CITY STAFF PRESENT: City Administrator McLaughlin Chief of Police Martin Assistant City Administrator Olson Park & Recreation Director Mogle Attorney Tom Gardner Community Development Director Miller Public Works Director Eric Dhuse City Engineer Wywrot Finance Director Mika Police Lieutenant Hart Superintendant of Recreation Swithin GUESTS: See attached list. PRESENTATIONS None. DETAILED BOARD REPORT — BILL LIST Alderman Golinski questioned the following item on the bill list: o Page 33, Veolia Solid Waste. He questioned whether the amount was for a one month or two month billing cycle. Finance Director Mika responded that it was for a two month billing cycle. Alderman Spears questioned the following items on the bill list: • Page 10, Engineering Enterprises, Inc. — Montgomery Boundary Agreement in the amount of $1161.00. Alderman Spears asked if we were splitting that cost with the Village of Montgomery? City Administrator McLaughlin responded that he would have to check on this. He doesn't know if it was beneficial to Montgomery. He stated that this was work that was done on our behalf to see if our infrastructure would line up correctly in the future to serve the areas that we are contemplating under the boundary agreement. He will check to see if there is any benefit to Montgomery and if there was, we will seek reimbursement on it. • Page 23, Kathleen Field Orr & Assoc. — Downtown Tif Review in the amount of $288.00. Alderman Spears asked if we knew what the attorney is reviewing. City Administrator McLaughlin responded that he would have to check on this. Page 2 of 9 There were no further questions or comments. The Bill List was placed on to the November 27, 2007 City Council agenda for approval. ITEMS RECOMMENDED FOR CONSENT AGENDA 1. PS 2007 -40 Request to Purchase LiveScan 2. PS 2007 -41 New World Software Purchase 3. PS 2007 -42 Request for Cadet Pay Increase Mayor Burd asked if there were any comments or questions on the consent agenda. Chief Martin stated that LiveScan is the fingerprinting machine that goes with the New World Software Purchase. The New World Software has been a budgeted item for a couple of years. He said that we had been waiting for Kendall County and Oswego to determine if it was a viable product for them. It has been determined that it is. A number of other cities are involved with the software. The software is very user friendly and it's a very good product. The police department has decided to go ahead with LiveScan and the New World Software. Chief Martin also spoke about the Request for Cadet Pay Increase. This request is for a 50 cent per hour pay increase for the cadet. He stated that the city did not increase the cadet's pay at the beginning of the year like the city did with everyone else. Currently the cadet's starting pay is $7.50 per hour which is the same as the minimum wage for the State of Illinois. They would like to bump up the pay to $8.00 per hour. These items were placed on the November 27, 2007 City Council consent agenda for approval. MAYOR 1. COW 2007 -35 Boundary Agreement with Montgomery Mayor Burd stated that the council had received copies of the boundary agreement previously and they had discussed it. She asked if there were any comments or questions in regard to this item. Alderman Spears said that she had several comments. She doesn't think that the property owners were notified if they were going to be located in Yorkville portion or if they were going to be located in the Montgomery portion. She stated that she happens to know the Dickson's very well. She wanted to inform the council that the Dickson Farm is over 150 years old and has received state certification. It's one of the oldest farms in the state and is located in unicorporated Kendall County and has a Bristol address. Shorty Dickson's late dad Simon was very active in the entire Yorkville Community for many years. He served on the school board, the Kendall County Farm Bureau and also volunteered for any community organization that needed any type of assistance. Shorty Dickson was the owner of Zeiter - Dickson Insurance Company. Currently, he's president of the Bristol Kendal Fire District, serves as Chairman of the Waubonsee Community College Board, and serves on the KenCom Executive Board. He also served on the Yorkville National Bank Board for over 30 years. Shorty's wife Mirian has retired from the Yorkville National Bank after 32 years. Their children received their education through the Yorkville School District. Their grandchildren are currently attending Yorkville schools. The Dickson family is one of the founders that have established this community. The Dickson property has earned and deserves to be within the boundary of the United City of Yorkville. The Dickson's were not contacted regarding the proposed boundary agreement. Alderman Spears stated that when she saw Shorty last week at the KenCom meeting, she asked his feelings about the agreement. He acknowledged Page 3 of 9 that he had recently heard of the proposed agreement through a friend and immediately contacted Mayor Burd to arrange to meet with her to discuss this property. Alderman Spears asked is this another example of government disregarding and taking away the rights of individual property owners. She said that she would like to request that you envision this scenario: without your knowledge, your property is suddenly de- annexed from Yorkville and possibly annexed into Joliet or Plano, depending on where you live? Would this have any type of impact on you or your family? She feels that the council should readdress this boundary agreement and notify all of the property owners that this is affecting and ask them their choice — Montgomery or Yorkville. She asked our attorney if there is a state statute that requires property owners to be notified that there is an intergovernmental agreement being considered. The attorney stated that he would have to check on it. She said that she would like this item tabled until we find out if legally the property owners need to be notified. Mayor Burd commented that she had several discussions with Shorty and that she has known him for a very long time and holds him in very high esteem. At the conclusion of their discussions, he told her that he was okay with it. He since has called her and said that he has reconsidered his thoughts. She wanted the council to know that as we moved forward, she did not move forward in opposition to talking to him and getting his input on it. She feels that he is perfectly entitled to want to be in Yorkville. She stated that she invited him to come to the meeting tonight to speak on his own behalf. She wanted to point out that part of his brothers property is already in Montgomery. Montgomery honored the Dickson's by taking one of their farms and making it into a historic site. She doesn't think that there is anything negative about being in Yorkville or Montgomery. She doesn't feel that this is a question of them being in Montgomery. It's a question of them being in an unincorporated area, if they want to incorporate then they would be in Montgomery. No one is forcing them. At Shorty's request, she asked to have it put into the boundary agreement that there would be no forced annexation of the property, that the homeowners would be entitled to stay just exactly as they are forever. If they want to be incorporated, then the boundary agreement would decide what municipality they could incorporate to. Yorkville has never forced annexed anybody. She said that we've had a public hearing on this, it's been in the newspaper, been on the website, and people have been discussing it. She invited Mr. Dickson to comment on this if he wanted to. Mr. Dickson introduced himself and said that he lives in Bristol, Illinois. He thanked the Mayor and City Council for letting him speak. He stated that his land was purchased for agriculture purposes and not residential development. He is surrounded by land investors that want development. This has constantly caused him to have to deal with development issues. Development has made a big change in his environment and life. The current changes have caused him consternation. Looking at the map, his farm has been aligned with Montgomery. He just built a new home on his farm. His family has always gone to church and school here in addition to owning an insurance business and belonging to many local organizations. He also said that most of his family and friends live in the area. He stated that he may be foregoing future economic advantages, but his heart lies in Yorkville. He is requesting to have his farm be in the Yorkville side of the boundary line instead of the Montgomery side. He wants his farm to stay in unincorporated Kendall County and not be forced to annex to a city and also to have his address stay the same. Alderman Golinski asked if Mr. Dickson was notified by mail? Mr. Dickson responded that he was not. Alderman Golinski feels that all of the property owners should have been notified. Alderman Besco stated that he was surprised when he saw the first draft of the proposed agreement. He feels that the Dickson family name is synonymous with Yorkville. It had caught him off guard that their homestead would be in Montgomery's planning area. He had asked i Page 4 of 9 Community Development Director Miller if they could notify the property owners. He understands it is not required, however, he feels that it would be the right thing to do. Alderman Spears commented that they were not sure yet if notification was required. Attorney Gardner stated that he looked at the notes that he had from Attorney Orr. He said that it appears that it meets the statuatory requirements based on the notes that he reviewed. Alderman Spears said that she would still like it verified that notification is not required by state statute. Alderman Werderich stated that he thinks Mr. Dickson is a valued member of our community He asked if there was any way that we can we accommodate him in his request. Mayor Burd said that we might be able to go back to Montgomery and negotiate this. The reason that they picked that line was that it follows the Yorkville Bristol Sanitary District line. Mayor Burd stated that this is not the first boundary agreement that we have negotiatied. She said that we've done agreements with Oswego, Plano, and Sugar Grove. She said that we have never sent out notices to every property owner along the proposed intergovernmental agreement line. One of the reasons that we have not sent out notices is that we are not annexing anyone. We are just having an agreement with another municipality. It is not force annexing anybody into anywhere. If Mr. Dickson wants to stay in the county he can stay in the county. The agreement is a twenty year agreement. It's not a forever agreement. She then asked Community Development Director Miller to talk about the reasoning behind boundary agreements. Community Development Director Miller said that one of the main advantages of boundary agreements with neighboring municipalities is so that municipalities don't get into a situation where developers or property owners pit one town against another. In the Plano and Sugar Grove agreements there is very little mention of the desires of property owners. The focus of those agreements deals with infrastructure. Miller stated that they worked with staff and most of the focus of discussion was about service areas and land planning areas. Mayor Burd commented that at the last meeting that Alderman Spears had said that we should rely on our staff and not be listening to the constituents in our community over the street program. Alderman Spears replied that at the last meeting the Mayor had also said that she represented her ward. Alderman Spears said that she is trying to represent the entire city and the property owners. As a point of history, she said that she had sat in on the boundary agreement with Plano and she said that they did notify all of the people along Eldamain Road. She stated that they had received several phone calls from people who were concerned whether they were going to be located in Plano or Yorkville. She would like to see the city be fair with individuals. Alderman Spears asked Community Development Director Miller what the effect would be on Mr. Dickson's property if he is in the Fox Metro Sanitary District and he is located in Yorkville. Community Development Director Miller responded that the sanitary district is just another taxing body. There is nothing that requires that municipal boundaries be the same as the sanitary district boundaries or school district boundaries. Alderman Werderich said that he would like to know if there are any options available to bring Mr. Dickson to Yorkville. Mayor Burd said that she thinks that there may be. She said that it's a give and take situation. There was a property owner who wanted to be in Montgomery and Montgomery was willing to work it out with them to be in Yorkville. The dividing line goes right through their property and they are in a commercial situation, so if city council would be willing to reopen that discussion perhaps they would trade that property for Mr. Dickson's property. Alderman Besco said that the sanitary district lines shouldn't have a lot to do with it setting the boundary lines. Grande Reserve is partially serviced by Fox Metro and YBSD. He feels that Page 5 of 9 Alderman Spears has a good idea in contacting all of the property owners. He said that there might be others that we do not know about. Mayor Burd asked the city council what if all the owners can't agree and we end up with no agreement. There might not be a consensus for the city to draw a line. Alderman Spears said that the city has experienced that for ten years with Montgomery and also Sugar Grove and unfortunately has ended up in lawsuits. She would like to avoid that. She doesn't feel that this issue was resolved by having a couple of people sit in on the discussions. If she was a property owner she would like to be notified. City Administrator McLaughlin stated that during the course of the negotiations that took place before his arrival at the city, there was an indication that Montgomery was interested in the Peters West piece of property. He felt that there was potential for a trade off with Montgomery. He felt that it might be negotiated that Peters West could go to Montogomery and then the Dickson property could remain in Yorkville. He asked if there was no objection, he would like to present that to the property owners and to Montgomery. Alderman Besco said that he would like the property owners to have a say before the city went back and talked to Montgomery. Mayor Burd said that the other side of the Peters property is in Montgomery. She said that the Peters property is in the commercial corridor, so council would be giving up a commercial piece of property for a residential piece of property. City Administrator McLaughlin said that he would contact the property owners first and then follow up with Montgomery. There were no further comments or questions. This item will return to COW and City Council on December 18, 2007. 2. COW 2007 -44 Cable and Video Competition Bill a. Right -of -Way Ordinance b. Franchise Fee and Peg Fee Ordinance c. Customer Service and Privacy Protection Ordinance City Administrator McLaughlin stated that Assistant City Administrator Olson has worked with the city's legal counsel and Illinois Municpal League's staff on preparing ordinances in advance of Project Lightspeed from AT &T. They are on the agenda for a first review by council. He said that if council has any questions, to please contact Olson or himself. Alderman Spears said that when the city first formed the cable consortium they had legal counsel that specialized in this. She asked if they had been contacted and if the city was working with the entire cable consortium on this document. Assistant City Administrator Olson replied that these documents were drafted by the Illinois Municipal League. Alderman Spears asked if all of the cable consortium was going to have the same documents. Assistant City Administrator Olson said yes, for the most part. The only thing that should be different are mainly codification and policy options. Substantially, the documents should be the same. Alderman Spears asked if we did check to make sure that they are the same. Assistant City Administrator Olson replied that North Aurora and Montgomery should be using the same boiler plate ordinances as ourselves. He said that these ordinances are being adopted region wide. There is a main link on the RvIL website. The city attorney has reviewed the ordinances. � I i Page 6 of 9 Alderman Golinski said that there was not a cable consortium meeting in November. The next meeting is the first Thursday in December. They will be discussing the ordinances at the consortium meeting. City Administrator McLaughlin said that the only keypoint that might be different is how you restore the lawns or the surfaces after the project comes through. Each community holds different standards for the vendors on how they restore the property. There were no further comments or questions. This item will return to COW and City Council on December 18, 2007. 3. COW 2007 -45 County Solid Waste Ordinance Discussion Mayor Burd stated that this was just an information item to notify the council of her attendance at a county board meeting. She said that recently quite a few people spoke to the county board asking them to review their solid waste ordinance and have a discussion about whether or not landfills should be included in that. At the end of the meeting they moved to bring this back to their committee and to reopen the discussion. She just wanted council to be aware that they are moving forward with that. i PARK BOARD No report. PUBLIC WORKS COMMITTEE No report. ECOMOMIC DEVELOPMENT COMMITTEE No report. PUBLIC SAFETY COMMITTEE 1. PS 2007 -43 24 Hour Collector Ban Alderman Spears said this was discussed at the Public Safety Committee meeting. She said that they had originally asked each alderman to survey their wards and suggest streets that would be a public safety issue. She said that for instance Countryside Parkway has become a route that people are taking to avoid the Route 47/Route 34 traffic light. They are now cutting through the subdivision instead. The city had to invest additional funds in larger stop signs. There was a discussion that collector streets were originally designed not to have parking on them. This should not be anything new to any individual that is residing on a collector street. Some of the committee members did not feel they were qualified to check on the streets in their wards and provide a list. This item came to the Committee of the Whole so that council could have additional discussion. Alderman Besco said that he had suggested originally that they start with the collector streets because they are designed to move traffic, not to park cars. City Administrator McLaughlin said that he is recommending that there might be some streets that should be treated on a case by case basis. He said that if you look at some of the minor collector streets in the subdivisions, the number of homes and driveways that face onto the minor collectors could prove a hardship within that subdivision. If someone wants to have an event at Page 7 of 9 their home on the weekend, it would be difficult if the entire street had parking prohibited on a 24/7 basis. His experience in other communites has been that parking restrictions are best treated on a case by case basis to address known problems where they are seen and observed. In his opinion, blanket ordinances create ill will and cause difficulty for the homeowners and the staff that has to enforce some of these restrictions. He stated that this is a policy decision for the city council. Alderman Besco agreed with McLaughlin to some extent, but also believes that even the minor collectors are feeders into the subdivisions. He feels that it is important to keep these roads open. He thought that at one time, they had discussed that if residents had guests staying over, they could call and notify the police, so that there would be an alternative available. One of his concerns is heavy snowfall when public works is out trying to clear the roads. The one road that you want clear is that main access into the subdivision. If you look at the minor collectors, they are feeders into the subdivisions. He also remembered the parking restrictions being waived during the holidays. Alderman Besco would like to move ahead with this, with the condition that citizens can call the police and notify them if they are having specials events at their house that will result in vehicles being parked on the streets. Chief Martin said that coming into the Countryside Subdivision, both Countryside Parkway and Center Parkway are marked for two lane traffic and people are parking there. He feels that council should probably look at those streets. Alderman Werderich clarified that there are a couple of options on the table. The first is everything that is indicated on the map and the second is just the ones that are recommended by the police or public works. Chief Martin asked the council if it would be possible for City Administrator McLaughlin, Public Works Director Dhuse, and himself to sit down and work out the streets that they feel need to be addressed and then come back and present it to council. There were no further comments or questions. This item will return to COW and City Council on December 18, 2007. ADMINISTRATION COMMITTEE No report. CITY COUNCIL REQUESTS I. COW 2007 -46 Senior Center Discussion Alderman Spears requested this item to be on the agenda. She asked the council to consider establishing a foundation for a senior community center. Chief Martin asked if they could incorporate the senior center with the Yorkville Police Department as they are already partnered with the seniors. Alderman Spears said that it had been discussed in the Public Safety Committee. Her purpose of the foundation is to have them located with the Police Department, but to also come up with additional funds. She said that she has been approached by several individuals in the community who just wanted to know how they could go about donating their money to a senior foundation. She thinks that they could acquire quite a few funds if we had a foundation. These are senior individuals who are very interested in any type of a foundation so that they could donate money. Page 8 of 9 Mayor Burd thinks that it is a legal question. She thinks that it might be for outside entities to establish foundations. Attorney Gardner said that he is not familiar with municipalities doing this. He said that there are public /private partnerships, however he doesn't know of one that is totally a foundation set up by the municipality. He stated that he will look into this and let the council know what options are available. Mayor Burd said that there is a recently created foundation in the city of Yorkville called United Yorkville. She asked Alderman Sutcliff to comment on it. Alderman Sutcliff said that the purpose of United Yorkville foundation is to help the City of Yorkville in various ways. With the foundation they are able to take donations from corporations and private owners in the form of money or land or a trust to use for the things such as scholarships, bike paths, open space, acquiring buildings, it could be anything that the city needs. It's a not -for profit foundation. She said that it's not done yet, that they are waiting for paperwork. They are trying to enhance the community in any way that they can. Mayor Burd said that perhaps that organization could be involved with the Senior Center as it is already established. Alderman Spears asked if the foundation was just a private organization that was not connected with the city. It was clarified that it was a private non profit entity. The entity would hold the money and it would be up to the board members to decide where the money is going. Alderman Spears said that she would prefer to establish something separate for the seniors. She was concerned because she said that several years ago, the seniors put together a polka event which raised a couple of thousand of dollars and the funds were not separated. She asked the City Administrator if staff was looking into it. City Administrator McLaughlin said that staff was researching it. Alderman Spears stated that she truly wanted to keep the funds separate. Alderman Golinski said that several years ago the city instituted a municipal building fee fund. He asked if that money goes into one fund or is it earmarked for certain buildings. City Administrator McLaughlin said that it is not segregated. It's one set of dollars and it is at the discretion of council how it's spent. Alderman Golinski asked if a senior center would fall under a municipal building fee fund. Mayor Burd said that it is up to the council to set priorities on how they would like the money to be used. ADDITIONAL BUSINESS Alderman Golinski said that he had received two calls about the Van Emmon Street closing on Thursday. With Route 126 still closed, it would leave Route 71 as the only east -west access getting in or out of town. City Administrator McLaughlin replied that he had contacted IDOT to see if they could wrap up their job a little quicker and he had also contacted Kendallwood to see if they could hold off starting their job. Both parties have agreed. IDOT will expect to open Route 126 sometime next week. It will be a four way stop unil mid December when the signalization will be activated. The city will wait for that to open before they allow Kendallwood to proceed. Alderman Leslie asked if the city could request a flashing red light there. He said that he had gone through the new one and stopped at the old one. Alderman Werderich said that he had been contacted by constituents expressing the same concern with the intersection. Alderman Spears said that back in October the Yorkville Big Band had asked for sponsorship. She said that she had requested that they provide proof that they are a not for profit organization. If they are private, then they need to pay the city back for rental of the Beecher Center. She asked Page 9 of 9 City Administrator McLaughlin if they had come forward with any proof that they were a not for profit organization. City Administrator McLaughlin said that he had not been contacted directly yet. He said that it was possible that someone on staff might have been contacted. Alderman Spears asked if we could find out. She said that this Friday, the city is paying them for playing at the Yorkville holiday event. She said that we have already paid them a deposit of $600.00. On the current bill list we are paying them an additional $950.00. She asked if we can we remove this from the bill list at this time without proof that they are a not for profit. She asked how can we recover those funds. City Administrator McLaughlin said that a staff person may have given the band incorrect direction. He said that person vows feels terrible about this and it has been addressed through their supervisors. As far as going back to the band after our employee gave this direction, he would have to check with the city's legal counsel about recapturing some of those dollars if that is the will of the city council. Alderman Sutcliff said that she was not interested in chasing after these people for money. Alderman Plocher said that over $6000.00 in donations was raised for the holiday event — maybe some of that money could be earmarked for the Yorkville Big Band. Alderman Spears asked who determined where the money was going for the holiday event. Alderman Plocher responded that he had bought the Christmas tree. Alderman Sutcliff said that the committee determined how the money was spent. Alderman Spears asked which committee that was. Alderman Sutcliff responded that it was the committee for Holiday under the Stars, which she had volunteered for. She said that this committee produced the holiday event and there were approximately 7 -8 people who served on the committee. City Treasurer Powell commented on the Hop on the Bus part of the holiday event. He clarified that the money raised for the Hop on the Bus program all came from private parties, and that none of that money came from the city. There was no further additional business. The meeting was adjourned at 8:23 P.M. Minutes submitted by Lisa Pickering, Deputy Clerk I COMMITTEE OF THE WHOLE CITY COUNCIL MEETING November 27, 2007 PLEASE PRINT NAME: ADDRESS: (SkrOWN r > _ �-�� /►? ._. lam. � �- .g � �-� i °OGo�- 3 �y Q�.t;�7� /, at. Aw ,pvz T� r. wry C2,rx .,aA Zvi, fv� >c� nla�Y►� � �hd�� � i� SI � /J COMMITTEE OF THE WHOLE CITY COUNCIL MEETING November 27, 2007 PLEASE PRINT NAME: ADDRESS: W-AC TV l (D, S ►�, � �, P � � � , « �� I I SIGNIN