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COW Minutes 2007 10-23-07 Page 1 of 13 Approved 11/27/07 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE CITY COUNCIL CHAMBER October 23, 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 Alderman Wally Werderich Alderman Marty Munns City Treasurer Bill Powell City Clerk Jackie Milschewski CITY STAFF PRESENT: City Administrator McLaughlin Police Lieutenant Schwartzkopf Assistant City Administrator Olson Park & Recreation Director Mogle City Attorney Roth Community Development Director Miller Public Works Director Eric Dhuse City Engineer Wywrot Finance Director Mika Public Relations Officer Spies GUESTS: See attached list. PUBLIC HEARING I Mayor Burd entertained a motion to go into public hearing for the vacation of Sleepy Hollow Road. So moved by Alderman Werderich; seconded by Alderman Golinski. I Motion approved by a viva voce vote. Mayor Burd stated that the public hearing was to discuss the vacation of a portion of Sleepy Hollow Road located south of Illinois Route 71 legally described as follows: Sleepy Hollow Road Vacation, that part of sections 14 and 23, Township 36 North, Range 6 East of the Third Principal Meridian described as flows: That part of Sleepy Hollow Road lying south of the Southline of Illinois Route 71 and north of a line which bears south 89 degrees 55 minutes 26 seconds west and the easterly prolongation of said line at a pointel935.49 feet north of the south quarter corner of said Section 23, in Kendall County, Illinois. Mayor Burd asked Attorney Roth to discuss the reason for the vacation. He explained that this is an ordinance that has been prepared in response to an annexation agreement for the Hamman property which provides for the vacation of Sleepy Hollow Road. The city received correspondence from the owner of the property stating that the original vacation ordinance was not valid because at the time it was approve there was a defect in the annexation ordinance. As a result of this, Attorney Roth was asked his opinion if it would be appropriate for the city to re- adopt the vacation ordinance and it is his opinion to re -adopt it upon the terms contained in it. i Page 2 of 13 The terms clearly state that the vacation of the road will not go into effect unless or until a higher authority ultimately approves a landfill at that site. The purpose to approving the vacation ordinance is to preserve the city's jurisdiction over the property. He stated that he felt it was appropriate for the city to retain this jurisdiction over the Hammon property because it then controls the land uses on the property. If the city goes into default under the annexation agreement then the city's position of controlling the usage of the land will be subjected to challenge. He explained that there is presently a petition to disconnect the Hamman from the United City of Yorkville. He presented the following reasons for not going into default in the annexation agreement: 1. The city will have a basis for defending against the disconnection petition in court. 2. Under the annexation agreement, it will provide the city with jurisdiction even if the property is disconnected because according to state law land that is the subject of an annexation agreement remains under the jurisdiction of the city. 3. It preserves the city with jurisdiction in regards to the land application problems that are occurring at the Hammon property. 4. It avoids unnecessary complexities before the Illinois Pollution Control Board in deciding who has jurisdiction over the territory for purposes of the landfill siting. He reiterated that he recommends that the City Council adopt the vacation ordinance under the terms that are written. He re- emphasized that the terms provided indicate that the vacation will never go into effect until a landfill is approved by a higher authority. As the City Council has disapproved the landfill, this will require a reversal by the Illinois Appellate Court. Finally, Attorney Roth explained that the vacation ordinance provides a disincentive for Mr. Hammon to persist in his action to disconnect this territory from the United City of Yorkville or to have the annexation agreement declared in default. Kelly Kramer spoke on behalf of Virginia Welles. She stated that they understood Attorney Roth's opinion however her client objects to the vacation because the road stops at her property. The vacation will limit her access on the east side of her property to Route 71. Ms. Welles also feels that there will be a public benefit taken away if the road does not connect to Walker Road. Attorney Kramer contends that the provision as drafted in the annexation agreement is voidable in that the vote requirement per Illinois state statute for a road vacation requires a 3 / vote (6 out of 8) of the aldermen in office. This provision in the annexation agreement as drafted is also voidable because the annexation requirement according to Illinois Municipal Code requires a 2/3 vote (5 of 8) of the corporate authority. They contend that the Illinois State Legislature, through the separate voting requirements, has specific things that need to be done and need to be followed in the matter of a road vacation. Ms. Kramer's client is requesting that the City Council deny the ordinance vacating Sleepy Hollow Road. Judy Gilmore read a statement from the Friends of Greater Yorkville (FOGY) regarding Hammons intent for the landfill on his property and his petition for de- annexation. The statement supported the vacation of the road with conditions. There were no more public comments. There were no comments from the City Council. Mayor Burd entertained a motion to close the public hearing. So moved by Alderman Werderich; seconded by Alderman Plocher. Motion approved by a viva voce vote. i Page 3 of 13 PRESENTATIONS None. DETAILED BOARD REPORT — BILL LIST Alderman Spears questioned the following items on the Bill List: o Page 13 — Hervas, Condon, & Bersani, P.C. — admin — Sibenaller vs. Milewski in the amount of $2,537.30. Alderman Spears questioned the nature of the bill. Assistant City Administrator Olson clarified that it should read Sibenaller vs. Milschewski and that the fee was for legal fees for the lawsuit regarding the landfill petitions. Director Mika stated that she would give a copy of the invoice to the City Council. Alderman Spears asked that the bill be removed from the list until further clarification was received. The City Council agreed. o Page 15 — Kendall Printing — admin — 200 announcements in the amount of $108.35. Alderman Spears asked what the city was announcing. Mrs. Spies explained that this was for personal note cards for the mayor. Mayor Burd commented that she thought that this was on the last bill list and Mrs. Spies stated that two orders were placed and this is for the second one. Alderman Plocher noted that there is a budget for things like this and he asked if it there was a problem going over the budgeted amount. Mrs. Spies stated there was no problem going over budget. Alderman Spears stated that the problem was with responsible spending and she asked that a running total be kept for orders such as this. o Page 35 — Yorkville School District 115 — admin — tennis court work in the amount of $45,823.00. Alderman Spears thought that the Council approved $40,000.00 for this expenditure. Director Mika explained that the city agreed to pay 50% of the cost which was originally estimated to be $80,000.00. Alderman Spears asked if this was the final amount and Director Mika stated it was. There were no further questions or comments. The Bill List as amended was placed on to the September 25, 2007 City Council agenda for approval. ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA 1. COW 2007 -36 FY 06107 Audit by Wolf and Company Director Mika introduced representatives from Wolf & Company who thanked the City Council for choosing them to perform the audit. They complimented the Finance Department and explained that some changes were made based upon governmental accounting recommendations. A highlight of the audit is the general fund balance which is $5 million or approximately 50% of total expenditures. This figure should not mislead the Council; as this is not the unrestricted fund balance or what is available for spending. Another highlight was the change in the Governmental Accounting Standards Board (GASB) reporting model. The first two statements on pages eleven and twelve give a new view of the city's financial situation. Alderman Golinski noted that due to the fact that the Council was at the Illinois Municipal League Conference the past weekend and he did not get the information until Sunday, October 21 and did not have a chance to review the information. The auditors indicated that the Council could contact them with any questions. Page 4 of 13 Mayor Burd stated that it had been previously noted that there were things the city should improve on. She asked if there were still deficit things that needed to be fixed. The auditors stated that they were currently working on this and preferred not to discuss them in depth at this time. He noted that they were not included in the audit however recommendations will be forthcoming. Alderman Spears asked if the council was going to postpone the vote on the audit until all the documentation is received and the Council has time to review it. Director Mika indicated that she would like to file the audit with the state by October 31, 2007. Alderman Spears asked if the city could get an extension and the auditor stated that this was possible but they would like to file on time. Alderman Spears noted that in the past, the auditors recommendations were given to the Council at the same time as the audit. She stated that she found this beneficial when reviewing the documents. He explained that their forthcoming comments will not affect the audit however he would try to get the information to the Council by Friday, October 26, 2007. City Administrator McLaughlin explained that Wolf & Co. has been engaged to provide two different deliverables to the city. One report improves how the city operates the finance department and controls the revenues and expenditures. This report is forthcoming. The other is the statutorily required audit that needs to be submitted. He noted that Director Mika and her team, along with Wolf & Co., have worked hard to meet the deadline. He stated that unless someone had an accounting background and could find something that would materially change the report from the auditors, this report it done. He indicated that he; Director Mika and City Treasurer Powell have reviewed it. He suggested that the audit be approved subject to his review. It was the consensus of the council to approve the audit pending City Administrator McLaughlin review. This item was placed on to the September 25, 2007 City Council agenda for approval. MAYOR 1. COW 200 7-3 7 Request for Class "B" Package Liquor License — 7- Eleven Mayor Burd reported that there are a set number of liquor licenses (6) and if anyone new applies for a license the Council has to approve adding to the number allowed. Staff has recommended approval of the license for 7- Eleven. Alderman Leslie clarified that the amendment only adds one additional license so that it still maintains governing power. Mayor Burd stated that this was correct. Alderman Leslie suggested limiting the number of liquor establishments the city will allow. Alderman Munns was in favor of the license but noted that this establishment is at Sycamore and Route 34 where the city is awaiting a traffic signal. He stated that getting in and out of the location is very difficult without the light. This item was placed on to the September 25, 2007 City Council consent agenda for approval. 2. COW 2007 -34 Vacation of Sleepy Hollow Road Mayor Burd noted that there has already been much discussion on this item. Page 5 of 13 Alderman Werderich asked that it be noted by the City Attorney that he has addressed the concern expressed by Attorney Kramer. Attorney Roth stated that he is aware of the concerns, he has considered them however his recommendation remains. Alderman Leslie stated that Attorney Kramer's logic was the same has his when this began however he was going to follow the guidance of the City Attorney. Alderman Spears noted that it was requested in executive session that the Council receive a copy of a case study Attorney Roth identified. She stated she did not receive this. Attorney Roth stated that he provided a copy the next day. It was determined that he gave the copy to City Administrator McLaughlin who did not distribute it to the entire Council. Mr. McLaughlin apologized and indicated he would re- distribute the information to all the Council members. Alderman Golinski commented that this is a tough decision on a confusing issue. He questioned language in the ordinance regarding "public interest ". He asked how the vacation of Sleepy Hollow Road is in the public's interest. Attorney Roth stated that it is in the public's interest to avoid a claim of default under the annexation agreement. He reiterated that the vacation is conditional. Alderman Besco stated that he never realized that the vacation would limit access to the Welles property which the city just annexed. Alderman Leslie clarified if there were terms in the re -draft of the vacation for the building of another road to replace the one vacated which would give the Welles property access to Route 71. Attorney Roth stated that this was correct. Alderman Besco asked if the site of the new road was dictated in the vacation ordinance. Attorney Roth stated that the annexation agreement provides for an alternative access point. Attorney Kramer noted that the location of the regional road was never determined and that this is one of the arguments she has had on behalf of her client; there is no guarantee that the new road will be located on the site. Attorney Roth stated that the intention in providing an alternative road was to maintain access for the other property owners. He stated that it is not specifically defined that was the reason for the alternative road and Hammon is obligated under that provision. Alderman Spears asked that language be included in the ordinance to indicate that the replacement road will serve the Welles property. Attorney Roth agreed this would be appropriate and said he would develop language that would mirror the annexation agreement provision. It was decided to vote on this item as amended. This item was placed on to the September 25, 2007 City Council regular agenda for approval. ECOMOMIC DEVELOPMENT COMMITTEE I. EDC 2007 -40 Monthly Building Permit Report for September 2007 Alderman Leslie reported that permits are down compared to last year. Alderman Werderich asked if there were any ideas on how this would affect the budget. Alderman Leslie indicated that Assistant City Administrator Olson has been tracking the affects on capital expenditures. Mr. Olson explained how each capital fund was affected differently due to impact fees. Administrator McLaughlin noted that October 31, 2007 marks the six month mark of the budget. He indicated that he had reviewed the budget through five month and that he and Director Mika will review the budget together after October 31, 2007. He stated that in the past, revenues were greater and department expenses were higher. He felt that the city will be in an opposite position this year so he will be meeting with the department heads to discuss reducing the budget to come in conformance with revenues. Alderman Leslie asked if this will affect the city's bond rating. Administrator McLaughlin did not feel it would affect the rating however the bonding capacity of Page 6 of 13 the city is based on the amount of accessed value in the city. With new growth and accessed value being down, the city is limited to the amount it can bond for. Treasurer Powell noted that the 28% unrestricted funds are a positive for the city; this is looked at by bonding agents. 2. EDC 2007 -41 Monthly Plan Commission Report for October 2007 Alderman Leslie referred to the information ion the City Council packets. He asked if there were comments or questions. Mayor Burd called a point of order and reminded Alderman Leslie that he was not at a committee meeting and the mayor runs the COW meeting. She clarified that she is the one to ask for comments or questions. Alderman Leslie noted that he has sat in over twenty hours of meetings as Economic Development Committee chairman; he expressed his confusion as to how he is to bring forward discussion if he is not allowed to run the Economic Development Committee Report. Mayor Burd noted that when Alderman Leslie came on the City Council, it was operating differently. The chairmen report on their items but she runs the meeting and asked for comments and questions not the chairmen. Alderman Werderich asked Director Miller to explain the concerns residents had regarding the Zangler property. Director Miller explained that staff had recommended a bike trail run across the Zangler property because they felt there was an opportunity to connect trails. He noted that the current park plan does not identify a trail in this area. At the Plan Commission's public hearing for the property, the property owner and a few area residents expressed concern with the routing of the trail and the unknown as to what it will connect to. The Plan Commission was in favor of the Annexation Agreement and agreed that it wasn't a good location for a bike trail. Alderman Golinski noted that the Parks Department and Park Board are updating the master park plan. He asked Director Mogle if there were any future plans for a bike trail on the north side of the river. He expressed his concern that the city might not have the foresight to reserve easement in this area. Director Mogle explained that a bike trail plan is in progress and this property is still being evaluated. Alderman Golinski noted that if the city does not get the easement, there never will be a bike trail in this area. Alderman Spears noted that this property wasn't in the regional bike trail master plan and she commented that she had a problem with staff suggesting the property owner give the city an easement. She stated that she did not feel this was fair and she did not want this to continue to happen throughout the city. Alderman Plocher stated that the owner was giving the city a great deal by only putting one home on this five -acre parcel. He felt that if the owner didn't want the trail, the City Council should support this. Alderman Leslie noted that it was important to note that the utility easement will allow for future sewer connections and that the City approached the owner to annex. Director Miller reiterated that the Plan Commission was against the trail. He noted that this is a voluntary annexation. He also noted other conditions were negotiated with the property owner and there will be further discussion at the public hearing at the following City Council meeting. Alderman Leslie went over a few other items on the Plan Commission report such as the Thomas Alarm rezoning and the Welles property. i Page 7 of 13 3. ZBA 2007 -34 212 Spring Street Variance Request Alderman Leslie reported that this is a variance being requested for a shed on residential property. The owner of the property, Larry Franklin, built a shed within the required setback area and the City received a complaint from a neighbor regarding the location of the shed. The owner of the shed is now requesting a variance so he does not have to move the shed. The ZBA voted unanimously against the variance. Alderman Besco commented that the property is beautifully maintained however it is unfortunate the City's rules were not followed when the owner built the shed. This caused the shed not to be inspected during the construction process. He noted that the shed is almost impossible for the shed to be moved. Alderman Munns questioned if the rules the owner received were clear. Director Miller explained that it is the petitioner's responsibility to review the applicable ordinance. The permit application does include additional language to provide assistance and staff is available for questions. Alderman Golinski commented that this is a tough decision; on one hand the city has codes and ordinances to follow and on the other hand granting the variance won't make a difference to any of the neighbors who complained. He did feel it would create a hardship for Mr. Franklin. He noted that Mr. Franklin's property is beautiful and he agreed with Alderman Besco that the shed cannot be moved. He acknowledged that Mr. Franklin possibly created his own hardship. Alderman Leslie stated that he spoke with the neighbor's who opposed the location of the shed and went through the time line given to the Council by staff. He stated that if a contractor built the shed, they would be asked to remedy the situation. He stated that complaints came in almost immediately and staff reacted early on in the building of the shed. There should have been time for correction. Mr. Franklin addressed the City Council and distributed pictures of his property. He apologized for the lack of communication and admitted to making a mistake; he built the shed without a permit and did not know there was a 5' setback. He noted that he was not in the financial position to move or remove the shed and that removal of the shed would interfere with his koi pond. He explained that as soon as he was issued a stop work order, he applied for a permit but wasn't told of the setback. He also indicated that he had plans to further improve the shed with gutters, etc. Mayor Burd questioned if the landscaping was done when he received notice of the setback concern and Mr. Franklin indicated that the landscaping was done at this time. There was some discussion regarding the affect of the removal/moving of the shed on the pond. Mr. Franklin indicated that the pond was in place before he built the shed. Alderman Spears asked why the neighbors objected. Mr. Franklin indicated he did not know why they were objecting because they really couldn't see the shed and the house owned by the complainants is vacant. He noted that there have been other issues with the neighbors. Alderman Spears asked staff if the variance were enacted to keep up the value of property. Director Miller explained that the codes are in place to maintain value as well as for the public's safety. Alderman Sutcliff asked how other neighbors feel about the shed and Mr. Franklin distributed a list of neighbors who support the location of the shed. He noted that he has received many positive comments on his property. Page 8 of 13 Alderman Munns asked if there was a security light on the shed and Mr. Franklin indicated there was not; there was not. The complainant, Kate Edwards, addressed the Council. She indicated that she, along with her two brothers, is the owner of the property of 211 E. Center; the property directly south of Mr. Franklin's. She noted that the ZBA unanimously denied the variance for the shed and she asked the Council to uphold the denial. She explained that originally the property at 211 E. Center Street was owned by her father who initiated the complaint but has since passed away. She indicated that she and her husband will be moving into the property in the future. She stated that it was her father's wish and hers that the shed not be erected within the setback area. She indicated that her father discussed his position on the shed with Mr. Franklin in July 2006. At this time he informed Mr. Franklin of the setback ordinance and the need for a building permit. Her father discussed his concerns with her and her brothers. When her father saw the shed being erected without a permit, she took pictures of the shed being constructed and made a complaint to the Building Department. She went over the time line of events and stated that it was Mr. Franklin's responsibility to research the legal requirements before building the shed. She again she asked the City Council to uphold the ZBA's denial of the variance. Alderman Leslie asked if the ticket issued to Mr. Franklin was for the setback violation or for construction without a building permit. Director Miller indicated that the ticket was for violation of the setback. Alderman Besco questioned why the shed was not inspected after the building permit was applied for. Director Miller indicated that the permit was handled as a new application. Alderman Besco felt that the shed should have been inspected at the time the permit was issued. He indicated that he was having a problem with this issue. He noted that when he put his pool in, he was given information regarding the setbacks, placement of electric, etc. so that the pool could be instructed in the way it should be done. He noted that there were periodic inspections throughout the process. He was disturbed that the permit was issued after the start of construction without an inspection of what was already constructed. Treasurer Powell noted that the pictures distributed by Mr. Franklin show a fence around the shed. He asked which was built first. Mr. Franklin indicated that the fence was built first on the south side of the property by a contractor. He was not satisfied with the fence so a portion of the fence was taken down and corrected when the shed was built. Mrs. Edwards also noted that the fence wasn't on her property and was removed and put back up after the shed construction. There were no further questions. 4. PC 2007 -32 Thomas Alarm System — Development Agreement and Rezoning Alderman Leslie reported that this is a preexisting, non - conforming property. Staff recommends the rezoning; traffic and parking have been addressed. There were no comments or questions. S. PC 2007 -25 Fields at Westhaven — Preliminary PUD Alderman Spears asked if the developer would identify a historical street name. Alderman Leslie noted that this was addressed at the Economic Development Committee meeting and the developer requested a street name list. Director Miller indicated that staff needed to provide the developer with the list. Alderman Spears asked if staff was adhering to the percentage requirements and Director Miller stated that as far as he knew they were. Page 9 of 13 6. PC 2007 -33 Welles Property — Zoning Recommendation Alderman Leslie reported that staff recommends the rezoning. There were no questions or comments. 7. PC 2007 -22 B & P Properties — Rezoning /Concept PUD Director Miller reported that the property is fourteen acres on Corneils Road between the Caledonia and Westbury subdivisions. The current zoning is M1 however the surrounding areas have been rezoned residential. The developer purposes a forty -eight duplex units which is consistent with the land use for the area. The Plan Commission recommended the Planned Unit Development zoning with staff recommendations for a right -of -way along Corneils Road. The PUD recommends provisions for this. Alderman Sutcliff stated that she discussed demographics and the possible number of children that could impact the schools. Director Miller sent her information regarding population, possible students, land cash, etc. She asked that the entire City Council get this information. Alderman Besco noted that the application and petition for annexation refers to the property to the north (the MacArthur property) being zoned M1- limited manufacturing. He asked if this is what is on the Comprehensive Plan or if it was the existing zoning. Director Miller indicated that property to the north is zoned M1 which is not consistent with the plan. Alderman Besco stated that he thought the MacArthur property was zoned agricultural. Alderman Werderich asked if the proposed density was above the highest amount allowed for a transitional area. Director Miller stated that it was. Alderman Werderich asked if the high density was adjusted by open space. Director Miller explained that the lot sizes indicated of the concept plan are at the low end of the scale. He indicated that the Plan Commission was comfortable with the layout, lot sizes and density even though they were higher than average. Alderman Plocher indicated he would rather see single - family homes on larger lots. 8. PC 2007 -19 Briguglio — Annexation Alderman Leslie reported that this property is on River Road and was part of a county subdivision. He noted that there was some concern from area residents which have been resolved. Director Miller explained that the city requested utility and storm water easements on the property and the petitioner agreed to this. 9. EDC 2007 -42 Hudson Lakes Subdivision —Final Plat Extension Requests Alderman Leslie reported that this is a request for an extension on the Final Plat. He explained that he spoke with staff and it was determined the extension should be limited to a twelve month period. If a longer period is needed, the petitioner will have to request an extension. He stated that the Council could deny the extension in which the petitioner would incur an additional expense of re- submittal of the plat. Director Miller explained that originally the petitioner requested an extension to the year 2010 however staff recommended limiting the extension to twelve month increments. Alderman Werderich commented that he thought the developer asked for a longer period in order to increase the equity of the land which is needed for the school site. Director Miller explained that ten acres of the subdivision is intended for the school district. There is a mortgage on the Page 10 of 13 property which will carry on to the school property. Director Miller indicated that the request for the extension is the first of its kind. Alderman Spears asked if the developer selected a historic street name and Director Miller indicated that they did however he could not remember the name chosen. He indicated he would include the name in a report to the City Council. 10. EDC 20078 -43 Grande Reserve Units 10,11,16,17 & 24 —Final Plat Extension Request Alderman Leslie reported that this was a similar request as the one made in the previous item and the same extension term was given to the developer. PARK BOARD No report. PUBLIC WORKS COMMITTEE 1. PW 2007 -134 Proposed Wetlands Ordinance Alderman Besco reported that this item was on the COW agenda on October 9, 2007 and it was decided to postpone it so the Council could have more time to review it. Alderman Leslie commented that the ordinance is huge and he has read some of it but hasn't made it through the entire document. He had concerns with the identification of actual wetlands, the scope and the size of the wetlands, the economic impact to developers, etc. He indicated that he was uncomfortable with voting on the ordinance at this time. Alderman Sutcliff stated that she spoke with Director Miller who indicated that staff is not finished reviewing the document. She stated that the document has been in the works for two years so there isn't a hurry to approve it. Director Miller indicated that staff should have a report on the ordinance by the end of the following week. Alderman Spears indicated that she had some input on the ordinance and asked if she could email the information to Director Miller who agreed to this. Mayor Burd indicated that this item will be brought back to the City Council at a later date. PUBLIC SAFETY COMMITTEE No report. ADMINISTRATION COMMITTEE No report. CITY COUNCIL REOUESTS 1. COW 2007 -38 Discussion of Travel and Conference Participation by Aldermen Alderman Besco explained that the City Council received a report from the City Administrator which gave information about a Springfield trip that Mayor Burd, Alderman Sutcliff, Lieutenant Hart, the Executive Director of Metro West and the president of Montgomery attended. He indicated that he was surprised to hear about the meeting with IDOT after it took place, via the administrator's report. He explained that he was coming home through Springfield and he could have attended. He expressed his concern that neither he nor the Economic Development Page 11 of 13 Committee chair knew anything about the meeting. He felt that due to the magnitude of the subject (widening of Route 47) the entire Council should have been notified of the meeting before it occurred. He suggested that the City Council develop a policy to address who should attend conferences of this type. Alderman Sutcliff explained that she contacted Springfield and spoke to people there she knows. She asked them who they would like to see and she was told they wanted to meet with Mayor Burd and the mayor of Montgomery so that is who she took with her. She further explained that she spent two months making appointments and that Mayor Burd facilitated the meeting. She only went along because she was the contact person and knew the people. Mayor Burd indicated that she attended the lobbying session at the Illinois Municipal League Conference. Between these sessions and Alderman Sutcliff s contacts, she learned that it was better not to have all the aldermen attend meetings of this. She noted that if another alderman attended it would have been considered a public meeting. She stated that the meeting was nothing more than lobbying for something that was identified as a goal already. The issue for the widening of Route 47 has been discussed many times. She stated that she read in the newspaper that IDOT overlooked Yorkville because of the actions of the former mayor; she felt it was a timely thing to meet with them. She reported that the meeting was very positive. Alderman Leslie commented that the widening of Route 47 is an important issue. He agreed with Alderman Besco that the City Council should have been made aware of the meeting since it was set up two months in advance. He thought that the City Administrator should have been attendance at the meeting. He felt it was nicer to hear about something and to look forward to it. He indicated that the mayor told him about the meeting the Friday before it occurred. Mayor Burd explained that the actual date of the meetings was not set up two months in advance; it took two months to coordinate the meeting and the date kept changing. She stated that they could have said they were planning to go to Springfield to lobby for Route 47. Alderman Leslie stated that it would have been good to know in advance. Alderman Leslie noted that the Council is a non - partisan committee. He stated that when he spoke with the mayor about the meeting he was under the assumption that the mayor was going to talk to some people. She commented to him that "those people of that party couldn't get it done." He cautioned the mayor that when the city goes down to Springfield, it is important to not have partisan politics. Mayor Burd stated that she went to Springfield to speak with IDOT and the meeting had nothing to do with political parties. She stated that she was not partisan at all; she goes to see everybody. She stated that she spoke with State Representative Tom Cross who indicated that he is 100% behind Yorkville and she spoke with State Senator Chris Lauzen who assured her Route 47 was his top priority. She stated that she does not see this as a committee issue but rather a city -wide issue. She stated that if anyone knew anyone in Springfield and would invite her to lobby she would be happy to do so; according to the IN41, sessions, the mayor is the one to do this as they represent the entire city. She stated that it was interesting to go to Springfield with two mayors and the executive director of Metro West. IDOT acted very impressed and were willing to work them. Alderman Spears asked if the mayor of Sugar Grove was invited. Mayor Burd stated he was not but she did try to get a member of the Kendall County Board to attend. She stated that they were just focusing on Yorkville and Mayor Michelini did not talk about her part of Route 47. it i Page 12 of 13 Alderman Besco stated that the mayor at one time said that the funding for Route 47 was tied to the Gaming Bill and he questioned who told her this. Mayor Burd stated that the information came out of Metro West. She asked if Administrator McLaughlin distributed the information to everyone and he indicated that he did not get the information. Mayor Burd explained that the information encouraged everyone to lobby for the Gaming Bill. She indicated that she had a copy of an email she would distribute to the Council. Alderman Spears indicated that she requested at the Public Safety Committee meeting that the entire Council be provided the documents. As the mayor's printer was not working, Administrator McLaughlin stated that he would make copies for everyone. Alderman Spears asked how much money would be coming to Yorkville if the Gaming Bill was approved; according to Mayor Daley the bulk of the funds appear to be going to Chicago. Mayor Burd stated she was told the $45 million would be available. She was told that if the bill passes, IDPT will go out to bid as soon as possible and would use eminent domain to move forward. She was told that IDOT would be on the "fast track" to move the project forward. There was some discussion regarding the $4 million set aside due to Representative Hastert's efforts. The funds require a matching grant from the State of Illinois however they have not come forward with the match. Alderman Besco recommended that the Council not get "tunnel vision ". He stated that without knowing all the details of the gaming bill, he did not feel it was appropriate for the city to set its sights on the funds. He stated that while he wants Route 47 widened, he did not believe the city should support the Gaming Bill. He stated that he had information to distribute regarding the opposition of the bill. Mayor Burd noted that the Gaming Bill was not discussed when she was in Springfield. Alderman Golinski commended the mayor's and Alderman Sutcliff participation in lobbying Springfield however he wished there was a better way to communicate to the entire Council when things like this come up. Mayor Burd indicated that she would try her best to notify the Council sooner. Mayor Burd noted that they were invited back to Springfield to meet with Senator Durbin's staff. She was also contacted today with information regarding funds that are earmarked through his office if it is under $100,000.00. She stated that she would like the opportunity to meet with Durbin's office. Z COW 2007 -39 Discussion of City Council Attorney Alderman Munns reported that an attorney for the City Council has been discussed in the past. He felt it was time to open up the discussion again to see if there was a any interest in hiring a legislative attorney. Alderman Werderich indicated that he would like more information on this. Mayor Burd indicated that she brought this up when she was an alderman because she did not have faith in the former City Attorney's recommendations. She wanted to get advice from another attorney. Alderman Spears indicated that she supported this because she was seeking legal advice from local attorneys. She felt that the Council a having access to their own attorney would be beneficial to them. She explained that this request was not an indication of the current attorney's abilities. i Page 13 of 13 Alderman Besco noted that he too supported the hiring of a legislative attorney. Alderman Leslie Suggested bring the matter to a vote again. The Council discussed the cost, guidelines for the use of the attorney, budgeting, history of the previous consideration of the matter, etc. This item was placed on the Administration Committee agenda for further agenda. ADDITIONAL BUSINESS Committee /Commission Application Forms Alderman Spears asked what form is used for individuals applying for the Human Resource Commission or ad hoc committees. Assistant City Administrator Olson indicated that one form is used for all committee /commission applicants. Alderman Spears indicated that the form she saw was confusing. Mr. Olson stated that he would give copies of the correct form to the members of the City Council. Alderman Spears asked if anyone applied for the senior ad hoc committee and she was told that no had yet. DVDs of the Meetings Alderman Spears noted that she had not received a copy of the DVD from the last COW /Council meeting. Mrs. Spies indicated that there is at least a two week turn- around for getting the DVD's for the Council. Street Light Alderman Golinski reported that there was a street light leaning in the River's Edge subdivision, east of Poplar Street. Director Dhuse stated he would investigate. Ward Meeting Alderman Sutcliff reported that a Ward meeting was scheduled for Monday, October 29, 2007 and that residents would be receiving a letter regarding it. The meeting will be held at the Library's large meeting room at 6:00 p.m. and the light at Sycamore and Route 34 as well as the widening of Game Farm Road will be discussed. Mayor Burd noted that if aldermen from other wards attend, they should sit in the audience and not comment so the meeting does not turn into a special City Council meeting There was no further additional business. The meeting was adjourned at 9:35 P.M. Minutes submitted by Jackie Milschewski, City Clerk