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COW Minutes 2007 01-02-07 Page 1 of 10 .APPROVED 2/27/07 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE Council Chambers Tuesday, January 2, 2007 — 7:00 pm In Attendance: Ci Art Prochaska - Mayor Travis Miller — Community Development Director Rose Spears — Alderman John Crois — Interim City Administrator p t3' Dean Wolfer — Alderman David Mogle — Executive Director Parks & Rec. Jim Bock — Alderman Bart Olson — Assistant City Administrator Paul James — Alderman John Wyeth — City Attorney Valerie Burd — Alderman Susan Mika — Finance Director Jason Leslie — Alderman Bill Powell — Treasurer Marty Munns — Alderman Joe Besco - Alderman Guests Dan Kramer - Attorney Kelly Kramer — Attorney Derke Price — Attorney Heather Gillers — Beacon News Wally Werderich Kathy Farren — Kendall County Record Many other guests who did not sign in. Mayor Art Prochaska called the meeting to order at 7:00pm. PUBLIC HEARINGS: None PRESENTATIONS: None (next item out of sequence) MAYOR: 1. North Star Parcel Annexation/Charles B. Phillips Public Library District Issues Attorney Wyeth said that he had spoken with the Newark Library District Attorney just recently and the attorney had concerns about the potential of the tax base being eroded. They want the opportunity to weigh in on that issue. With proper notice, they will have opportunity (within 60 days) to lodge an objection. Mr. Wyeth directed Council attention to a letter contained in the Councilmen's packets, from the annexed property owner. Attorney John Phillipchuck was in attendance to represent Fox Moraine LLC. A portion of the property (490 acres) was taken from the North Star Trust and placed in the Fox Moraine LLC, resulting in two ownerships. He said Attorney Wyeth had brought to their attention, that notification of the annexation must be given to the Library District. Page 2 of 10 The far west end of the property is in the Newark Library District. Notice was sent to the Yorkville Library District in error, therefore a new plat of annexation was brought forth. A second vote of the annexation and Sleepy Hollow Road vacation is now necessary. Mr. Phillipchuck pointed out that the Library District falls on the section line, a large portion of the property is annexed and a portion of Sleepy Hollow Road was properly annexed. He said he would answer questions from the Council. Alderman Spears said if a new petition is being submitted, then the entire process would need to be undertaken, not simply a re -vote. She handed out copies of a State Statute that indicated that "no ordinance shall be passed vacating any street or alley under a muncipality's jurisdiction and within an unincorporated area without notice. Therefore, and a hearing thereon at least 15 days prior to such a hearing. Notice of its time, place and subject matter shall be published in the newspaper of general circulation within the unincorporated area which the street or alley proposed for vacation services. At the hearing, all interested persons shall be heard concerning the proposal for vacation. " She said that part of the annexation is void due to failure to give notice to the Library. She said a Public Hearing would be required due to this Statute. Attorney Phillipchuck disagreed and said since the property is in the City at that point, the Council would have a right to vote to vacate the road. She countered that the property is not in the City. She encouraged the Council to not honor that request and said that liability suits have been filed against the City. A legal opinion from Attorney Wyeth was requested and he said there is no requirement for a Public Hearing on an annexation. Annexation agreements, however, require hearings. Regarding the road vacation issue, the Public Hearing is for roadways that are in unincorporated areas, but under municipal jurisdiction. Mayor Prochaska said that Game Farm Road is a similar situation because the City has an agreement with the township, but a portion is outside the City. Van Emmon Road is another example. Attorney Wyeth further stated there is no need for a Public Hearing regarding the road vacation. Ms. Spears referred to a letter regarding "material breach" from Attorneys Dommermuth, Brestal & West indicating only a portion of Sleepy Hollow Road was vacated. She said Attorney Phillipchuck's client was breaching contract by not notifying the Library District. He replied that the lack of notification was not a breach, but just renders annexation of that portion of property, invalid. She requested the City send a similar letter stating breach of contract. Alderman Burd asked why the Council does not annex just the portion of the property not in the City limits, rather than redoing the entire process. Ms. Burd added that the Library District needs time to respond to the notification and she would like to hear their feedback. She also encouraged holding another Public Hearing. She said that the City has never had so many lawsuits. Page 3 of 10 It was noted that the 180 -day time period will not be stopped due to this new information. The annexation and host agreements are not governed by the jurisdiction of the City boundaries according to Attorney Wyeth. Mr. Wolfer said he had called the State Director of Public Opinions and Ethics at the Attorney General's Office and asked him to offer an opinion to make sure the proposed process is correct. Alderman Wolfer also asked for written minutes of that call and that they be given to the Council members. Mr. Wyeth will follow -up on that suggestion. Alderman Leslie noted that when the last vote was taken, he was the "swing vote" and he will not be pressured again. It was noted that a re -vote will require a simple majority of five aldermen for the annexation while the road vacation requires six aldermen to vote. Ms. Burd suggested removing the road vacation portion from the re -vote. Mayor Prochaska clarified that there are 3 votes to be done: 1) annex, 2) zone and 3) vacate. If the Council goes beyond the 180 -day time limit, Alderman Wolfer asked if there was danger of the landfill being approved by default. Attorney Derke Price said it would be an incredible gamble and that the process needs to be continued. He also gave the reasons why. The annexation agreement contains a provision that says that the Council has agreed to bring the land to the City and it will be part of the municipality when it is eligible (by contiguity or when notices are proper). The Environmental Protection Act states that no action after 180 days automatically approves the landfill. If the agreement goes in by default or court order, the host agreement will not apply. He recommended that the City go forward with the process for those reasons. Alderman Leslie posed the question if the landfill construction could begin if the City did not formally annex the property immediately, and perhaps even two years from now. Mr. Price said it was likely that a lawsuit would be filed in that case. Ms. Spears cited a case where notice had not been given to a Library District and it was ruled that the annexation was not "effective ". However, Mr. Price said there is no notice requirement for the annexation agreement. He said the property is not eligible to be brought into the City until the notice is given, but the City has agreed to take it in at that point. Ms. Spears said she felt it would be wise to hold a Public Hearing to allow the Newark Library District a chance to address their concerns. Alderman Spears also asked to respond to recommendations from Attorney Wyeth. She said the entire intent of applicable statutes is to allow the various districts a chance to be heard. She questioned if the annexation agreement is even valid and cited portions of a letter from Mr. Wyeth. Page 4 of 10 Ms. Burd questioned if there is any case law that supports the fact that Aldermen are not to voice opinions once the annexation agreement is approved. She also asked why the road vacation required a super majority. Mr. Price answered that once the annexation agreement is approved by the requisite number of votes, the oath of office becomes effective —to do what is legal. At that point the City has agreed to these actions and must follow through. Alderman Leslie noted that he had issues with the way the super majority vote occurred. He also said he felt the community perception is one of "back door deals ". He felt the entire process was rushed and said other annexation agreements often took months to pass. Mr. Leslie encouraged Councilmen to carefully consider all the factors before their next vote. Mr. Wolfer asked if the landfill attorneys would listen to Council concerns regarding the host agreement and if changes were possible. Mr. Phillipchuck replied that would be possible and Attorney Price was asked to be the mediator. This process could be stopped now according to Ms. Spears, since notification was not given. She asked that the Sleepy Hollow road vacation be removed from the agreement and asked if there was a formal appraisal of the road. She said proof must be provided of public interest on vacation requests. She asked for advice from the Attorney General to provide an unbiased opinion. Alderman James agreed that the Council needs to carefully consider the annexation and road vacation. He also summarized the steps so far as follows. The property owner had applied for the landfill. Talks were begun with the County and under their control, the City would have received $25,000 a year from the landfill that would be in the "City's back yard ". At that time, the Councilmen felt it was in the best interest to annex the property and have control of decisions within the City. He said the main issue now is if there will be a landfill and the important issue is the host agreement. If the host agreement is void because of inaction, the City will still be left with a landfill. The Mayor stated the following: 1. The property should be in the City boundaries 2. The process must be completed because it is the law, regardless of feelings about the landfill 3. It will be a gamble to choose or not choose to continue through the process 4. He would like to hear from the Newark Library District before the annexation vote 5. If the property is not annexed in a re -vote, a lawsuit could ensue and a possible landfill could go to the County 6. He is concerned that some County residents say they have been told by the County Board that the landfill would not be located there if the County gains control. He said no matter who has control, the process will occur. Page 5of10 7. The only way a landfill might not occur is if another use was designated for this location. He said he has done research on other possible uses. 8. He said he does not want the annexation re -vote on the agenda until the input is received from the Library District and until the Attorney General provides an opinion. In an informal poll of the Council, the consensus was that a Public Hearing should be held on the annexation and that the Newark Library will be given personal notification. A separate Public Hearing will be held on the road vacation issue. Ms. Burd commented that the Council had voted in a gag order along with the siting ordinance. This was made part of the ordinance so that the final vote could not be challenged and also for the Council's protection according to Attorney Price.. Ms. Spears asked Mr. Price if the Sleepy Hollow vacation should have been excluded from the annexation agreement. He replied that it is lawful to include it, but it requires a separate vote. He did agree that the vacation was a limiting factor. Ms. Spears asked for confirmation regarding road vacation and said there are two important findings: 1) vacation must be in best interest of public and 2) must prove that there is economic benefit. After this lengthy discussion, it was decided that the Public Hearing will be held January 23 at 7pm to discuss the annexation and the vacation of Sleepy Hollow Road. This portion of the meeting concluded at 8:30pm and the Council took a 10- minute break, resuming at 8:40pm. PUBLIC SAFETY COMMITTEE: 1. PS 2007 -01 Police Reports for December 2006 There were no comments on the reports. No further action is needed. 2. PS 2006 -17 Smoking Ban Discussion This matter was brought forth by Alderman Leslie and he said this is the wave of the future. He said he respects the smokers' right to smoke as much as others are entitled to clean air. Alderman Burd concurred and added that 70% of the public does not smoke. She said that non - smoking areas in restaurants do not work. It was noted by Alderman James that grocery stores do not allow smoking and that Taylor Street Pizza is a non - smoking business. He felt it was not the Council's right or place to ban smoking. Alderman Besco said he felt that people should have the right to have a meal in a smoke -free environment, but it would be hard to regulate bars. He thought a complete ban might hurt the City's businesses, however, he would support some form of a smoking ban. Page 6 of 10 Alderman Munns said he favored a ban in restaurants or any place that served food. Coming from a health -care environment, Alderman Wolfer supports a smoking ban, however, he cautioned that a town meeting should be held, task force formed and public input should be gathered. It was suggested that information from other municipalities be gathered also. The opponents of a smoking ban should also be heard, he said. Mr. Wolfer said hospitals should also be included as part of a task force Mayor Prochaska suggested a focus group in a separate meeting and inviting members of the restaurant and bar industry as well as nearby towns. He raised the question of whether the City should govern motel rooms or other private businesses. The Kendall County Health Department should also be involved, suggested . Alderman Besco. After discussion, it was recommended that the Health Department should be asked to facilitate the meetings. Alderman Bock says he takes a personal poll of restaurant owners regarding a smoking ban. The majority of those he asked were afraid to impose a ban at their facility because they feared losing business. He would not support a ban in an outdoor area he said. He said no one is forced to eat at a restaurant that allows smoking. However, he said in the case of stand -alone bars or food establishments a determination should be made based on whether the greater percentage of sales is made from food or alcohol. Mayor Prochaska asked the Assistant City Administrator to form a focus group and arrange a Saturday meeting. Alderman James suggested this matter should be added to the County Board agenda and ask for their support on passing a smoking ban at the same time. In conclusion, Alderman Burd said the Health Department should draw the group together and that Bart Olson should advise the Council when he notifies the Health Department. ADMINISTRATION COMMITTEE: 1. ADM 2007 -01 Monthly Budget Report for November 2006 There were no comments and no further action is required. 2. ADM 2007 -02 Monthly Treasurer's Report for November 2006 There were no comments and it moves to the City Council consent agenda. 3. ADM 2006 -82 Silver Fox SSA 2006 -114 Proposing Ordinance 4. ADM 2006 -83 Evergreen Farm SSA 2006-115 Proposing Ordinance S. ADM 2006-84 Aspen Ridge SSA 2006 -116 Proposing Ordinance 6. ADM2006 -85 Chally Farm SSA 2006 -177 Proposing Ordinance 7 ADM 2006-86 Yorkwood Estates SSA 2006 -118 Proposing Ordinance Page 7 of 10 These items were discussed together. Travis Miller recommended that all items be postponed on the advise of Attorney Wyeth, due to questions being raised by developers in November. The primary issue is the dollar amount. He further explained that the Annexation Agreements state that bonds would be sold after construction bids are received. On January 17 engineers and bond counsel will meet with developers to address concerns. He anticipates this moving forward to the February EDC and a Public Hearing will be scheduled prior to that. Alderman James was concerned that the developers have not asked for the postponement and asked how they would be brought back in to the loop. Mr. Miller said he has received written consent from one developer. The developers have all been notified, however, not all have responded. The Mayor suggested tying a resolution to receiving responses from all before it is moved forward. Attorney Wyeth will prepare a resolution outlining all action and this will move to the consent agenda. A vote will be taken postponing the action. 8. ADM 2007 -04 Close the Hydraulic /Com Ed Sewer Project Account 9. ADM 2007 -05 Close the 2004 C Road Improvement Project Account 10. ADM2007 -06 Close the Bruell Street Sewer Project Checking Account These items were also considered simultaneously. These projects have been completed and the accounts can be closed. Susan Mika said the auditors require approval to close accounts. All these items will be moved forward and Alderman James asked staff to look at other accounts where similar action might be needed. This moves to the consent agenda. 11. ADM 2007 -03 ISDNPrime Control Contract Renewal Ms. Mika asked the Council to approve an AT &T T1 line contract to save the City $5,544 a year. A vote is needed to ratify the contract. Alderman James complimented Ms. Mika on identifying ways to save the City money. This moves to the consent agenda. 12. ADM 2007-07 Mechanic Job Description Alderman Spears questioned the salary range of $39,330 to $52,454. Looking at the experience and education, she said other positions are requiring Bachelor's degrees. She recommended postponing this position until the police contract has been finalized. Mr. James said the salary range puts it in line with "Operators ". This is a new position that was supposed to have been filled October, 2006 according to Mr. Crois and would service the entire vehicle fleet. Mr. Besco felt that one person could not handle all the work that needs to be done. Reservations were raised regarding the reporting hierarchy and establishment of maintenance priorities. Alderman James questioned if a cost analysis had been done to justify an internal hire. An analysis will be completed and this item will move to the consent agenda. The job description is also subject to opinions from the Labor Attorney. 13. ADM 2006 -71 Community Relations Officer Job Description Alderman Spears questioned why the title is being changed. Some of the duties are being changed with some being more managerial in nature. This position will also become salaried rather than hourly. The Mayor commented that this person attends meetings outside the City as well as Council meetings and requires additional hours. This position now also oversees the video cable group. Mr. Olson said the Labor Attorney had reviewed the description with a few changes being added. Ms. Burd said a Bachelor's degree should be required. This position will be posted. Page 8 of 10 Mr. Olson stated that this position is an upgrade of the current one. Mr. Leslie pointed out that the salary range reflects a substantial raise from $26,910 - $42,820 to a range of $50,293 - $70,410. He said either the present employee is grossly underpaid or the City will be paying more than it should. These salary ranges are taken from the salary survey according to Bart Olson and are reflected under "general support staff'. Mayor Prochaska pointed out that the current position also earns overtime and comp time. Alderman Burd added that this position was originally intended to eventually become a department head with employees reporting to them. In addition, the position has evolved and became a marketing/public relations job. Mr. Olson cautioned that any arbitrary decision on the salary could have future implications in view of the fact that it came from the salary survey. It was also pointed out again by Ms. Spears that a decision should be delayed pending the outcome of the Police Department contract. Alderman Munns suggested that this decision should not be made in mid - budget. There was further discussion if the position should be posted internally, externally or simply be treated as an upgrade. Ms. Spears requested a study of the extra hours being worked and the hours paid for comp time. It was decided that this matter would be tabled 14. ADM 2006 -73 Computers for Elected Officials (tape malfunction 2 -3 minutes) Bart Olson researched the cost of laptops for the Council members and other City employees and found the cost to be $700 per laptop. Currently this is an unbudgeted item. It was suggested that any confidential material should require a password to open. Alderman James said the laptops could be added to the "wish list" and the matter would be reviewed and compared to other projects. Treasurer Powell stated that laptops could prove valuable during emergencies and perhaps funds would be available through Homeland Security. Ms. Spears suggested having the grant writer also explore fund possibilities. Mr. Olson added that the agendas are available on -line and can also be put onto a CD. 15. ADM 2006 400 Appointment of a Deputy Treasurer Finance Director Susan Mika said she had brought this matter forward because she feels there is a need for a Deputy Treasurer. Current staff members prepare reports for the Treasurer. She also said an additional person is needed to conduct wire transfers since Mr. Powell must be called in for this function. Ms. Mika said the backup person could be her or a City Council member. One of Ms. Mika's employees currently acts as Deputy Treasurer now, similar to the Deputy Clerk, however, it is not in that employee's job description. The Deputy Treasurer is allowed under City Ordinance and is an appointed position with a stipend of $2,900 annually. Ms. Spears felt the Deputy should not sign payroll checks or be required to attend meetings. Mayor Prochaska said the Labor Attorney should review this position Page 9 of 10 Alderman James asked if a vote was needed and Ms. Mika replied that a vote must be taken to make the appointment. Mr. Crois suggested that Ms. Mika be the Treasurer's backup person. She will be required to be a signee on the account and will need to complete signature forms. It was noted that she is bonded. After a brief discussion, it was decided that a resolution would be drafted, Labor Attorney will review and it will return to City Council for a vote on the consent agenda. Mr. Powell also noted that he attends four Police Pension Fund meetings a year. Since he feels his attendance is essential, he requested $50 per meeting. No action was taken. 16. Audit Update Finance Director Mika reported that her staff is currently working on bank reconciliations. She also stated she had concerns regarding the amount of time needed, 2.5 to 3 weeks, to look at reconciliations and said that a full time person is needed. In addition, the staff must look at eight months of records prior to the end of the fiscal year. She requested that her part-time staff person be moved to a full -time status. Ms. Burd asked if it would be a good idea to hire Wolf & Co. to continue the reconciliations they did, in view of the "extraordinary situation we [the City] now find ourselves in ". Ms. Mika said that she must go out to bid for auditors, but that she was impressed with their work, they were punctual and she had good communications with them. She added that she could initiate an RFP at this time. A temporary service was also suggested, however, Ms. Mika said there would be training involved. AccountTemps was also discussed since the bid process for the auditors may take more than a month. Ms Mika will research that possibility. The part-time position will move to full -time and another full -time position will be posted. Since this is a change from part-time to full -time and it is not in the budget, the Council will need to vote. Ms. Mika will present a job description next week. This will move to consent agenda. Ms. Mika commented that a temporary company had been hired in the interim before she came on board, at a cost of $32 per hour. DETAIL BOARD REPORT (BILL LIST): Alderman Besco inquired about the charges for a water operator generator and asked if it was a rental. He was directed to contact Eric Dhuse. This moves forward to City Council agenda for a vote. PARK BOARD: No report Page 10 of 10 ADDITIONAL BUSINESS: Alderman James presented the following. He had received phone calls from a resident of Fox Highlands. The resident complained that he lives at one elevation and the townhomes located there are at another elevation and the water is draining down near him. The resident worked with Engineering and talked with staff and is looking for a solution. The Mayor talked with Engineering staff and they are waiting for a grading drawing. More research to follow. Also, Mr. James made reference to the bike path on the former Com Ed easement. When it was re- graded, a nearby landowner said that the water is now draining into his back yard rather than the existing creek. Travis Miller will talk with Engineering about this problem. Mayor Prochaska asked if all aldermen were connected to yorkville.il.us so that he could forward emails. He referred to legislation pertaining to Metro West and a franchise agreement that he wished to share. He asked everyone to make sure they are connected to the City email system. Alderman Leslie cautioned about preventing email transmissions from violating the Open Meetings Act. The City Attorney reminded the Council not to engage in conversations via email or IM to create any potential for an illegal meeting. The Mayor added that items could be downloaded from the City email. i The regular meeting items concluded at 10:45pm and Mayor Prochaska entertained a motion to enter into Executive Session. Joe Besco and Marry Munns moved and seconded, respectively to enter into Executive Session. Motion carried on a roll call vote. The regular meeting adjourned at 11:06pm. Submitted by Marlys Young, Minute Taker 0 eip United City of Yorkville � F 800 Game Farm Road IB36 Yorkville, Illinois 60560 -�� Telephone: 630 -553 -4350 o w Fax: 630 -553 -7575 PLEASE . SIGN IN MEETING: D DATE: � NAME COMPANY PHONE NUMBER I K i I J I I I I I I I el © United City of Yorkville - IN 800 Game Farm Road 1636 Yorkville, Illinois 60560 -�� Telephone: 630 -553 -4350 0 53-7575 Fax: 630 - 553 -7575 C. 5.9 PLEASE SIGN IN, MEETING: O DATE: 7 NAME COMPANY PHONE NUMBER �o� ti r li Atle-k- I C 4- 6, j � I I I I I I I - I I I�