Chambana Sun

Woodstock City Council met Tuesday, Dec. 20.

Here are the minutes as provided by Woodstock:

MINUTES

WOODSTOCK CITY COUNCIL

SPECIAL WORKSHOP

December 20, 2016

Stage Left Café

The Special City Council Workshop of the Woodstock City Council was called to order at 3:00 PM by Mayor Brian Sager on Tuesday, December 20, 2016 at Stage Left Café. The Agenda for this Special Meeting was posted no less than 48 hours in advance of the meeting, and the media and all Council members were notified of the meeting.

Mayor Sager stated that the purpose of this meeting is a Home Rule Workshop. He stated as this is a workshop, it will be conducted in a more informal manner and invited and encouraged participation by all present.

COUNCIL MEMBERS PRESENT: Daniel Hart, Maureen Larson, Mark Saladin, Joseph Starzynski, RB Thompson, Michael Turner, and Mayor Brian Sager

COUNCIL MEMBERS ABSENT: None

STAFF PRESENT: City Manager Roscoe Stelford, City Attorney Ruth Schlossberg, Assistant City Manager/Finance Director Paul Christensen, Economic Development Director Garrett Anderson, Building and Zoning Director Joe Napolitano, Public Works Director Jeff Van Landuyt, Human Resources Director Debbie Schober, Police Chief John Lieb, Opera House Director John Scharres, and Grant Writer Terry Willcockson.

OTHERS PRESENT: Representative-elect Steve Reick, Fire Chief Michael Hill, and City Clerk Cindy Smiley

DISCUSSION ITEMS:

1. Remaining Process regarding Home Rule Status

P. Christensen gave an overview of the remaining process and of the information outlined in the Council packet. He noted once these procedures are completed and the Secretary of State confirms that the new population has been received from the US Census Bureau, the SOS will send the City and other State Agencies the new certified population and a letter indicating the City of Woodstock is a Home Rule Community. Mr. Christensen opined this letter will be received by January 20th

In response to a question, Mr. Christensen stated the Secretary of State will perform its own calculations considering the previous decennial census counts in the special census areas and adding the new counts to those figures to determine that the population has, indeed, reached 25,000. He indicated that it is expected that the new population will be 25,357.

City Manager Stelford stated City Staff will follow up with the Illinois Department of Revenue and the Department of Transportation to ensure this information has been forwarded to those departments so that the City receives the additional revenue and financial benefits this additional population would provide. Mr. Christensen provided additional information as to how this information will be transmitted to the Secretary of State and how the City will be notified. He noted that the Secretary of State’s Office has already been notified that this information will be forthcoming.

2. Preliminary Actions

Mayor Sager noted it is hoped this certification will be received before the January 17th City Council meeting, or by the first meeting in February at the latest. He stated it is the recommendation of the City Attorney that, at that time, the City should pass an Ordinance that would amend and/or re-adopt the City’s entire Municipal Code pursuant to Home Rule Authority. R. Stelford stated this would protect the enforceability of the Code since to the extent anyone might allege the Code is inconsistent with State Law, the City’s Home Rule authority may be sufficient to validate it. In addition, a reference to the City’s Home Rule authority would be specifically added to the City Code itself which would note the City has this authority.

Mr. Stelford then discussed voting requirements, noting the City already has procedures in place describing and defining a quorum. He noted, however, that a Home Rule community is not bound by State super-majority voting requirements and that the City Attorney is recommending adoption of an ordinance setting the voting requirements required to pass all actions of the City Council. He noted this would eliminate the need for a supermajority except in certain specific instances. A brief discussion ensued of the difference between a majority of the corporate authorities and a majority of the members present. Mayor Sager noted the City Council has always operated in a manner that it can meet with a quorum present, but that substantive action is not taken unless it is enacted by a majority of the corporate authorities, meaning that a substantive issue could not pass with only a majority of the quorum, or three members, voting in the affirmative. He opined that this should remain the case under Home Rule and opened the floor for discussion of this item.

M. Saladin stated this could be a complicated issue. He noted that attaining Home Rule Status does not change the Council-Manager form of government. He stated that he believes it is most appropriate for the City to require a majority of the elected officials. A brief discussion ensued concerning those items which would require a supermajority with City Attorney Schlossberg noting some of these include annexations, budget amendments, and lease and sale of City property.

In response to a question from Mayor Sager, it was the consensus of the City Council that there are certain issues that would require an extraordinary number of affirmative votes to pass.

Mayor Sager requested that as soon as possible Staff prepare and provide to Council a list of items that would require a 2/3 or 3/4 affirmative vote to pass. In response to a question from Gordon Tebo,

R. Schlossberg stated a list of items requiring a supermajority vote can be found in State Statutes and in a book written by her firm and provided to newly-elected officials.

Mayor Sager stated the question is how does the Council feel about maintaining the current intent and approach that, while a quorum is sufficient to hold a meeting, a majority of the elected officials is needed to take substantive action. Discussion followed of this with Councilman Turner stating he favors a majority of the elected officials. M. Saladin urged Council to be careful when defining the corporate authorities rather than elected officials. R. Schlossberg stated Home Rule status will provide the opportunity to eliminate confusing language.

The discussion turned to the review of the City Code with Mayor Sager noting it is a very complicated document which will need to be reviewed to ensure the language is in line with Home Rule authority.

He stated re-enacting the ordinances and City Code as previously discussed will take care of things from the legal aspect, but the Code will still need to be reviewed, which will be a long-term process, with staff and Council working together to move this forward.

3. New Programs/Policies

Mayor Sager noted this is a list of things that have been identified as possible new programs or policies that a Home Rule community can consider. He stated this is a preliminary, workshop discussion of these things with Staff providing basic information.

a. Landlord Registration

J. Napolitano gave a brief introduction to this item, noting Home Rule status provides the authority for the City to implement a rental registration and inspection program. He stated without this information the City does not always have the correct contact information, which often hampers Code Enforcement. He noted an inspection program would help ensure that rental units meet code requirements for safety and heat, for example. Mr. Napolitano stated the City is not looking to penalize anyone, but noted that Woodstock has more rental property than many surrounding communities and has had some problem landlords who have refused to correct identified violations.

He opined a registry would help get property into compliance, with violations corrected more quickly. Mr. Napolitano described how the inspection program would work, with properties of landlords that are in compliance requiring less frequent inspections.

In response to a question concerning staffing, Mr. Napolitano stated it is possible that this program could raise staffing requirements and must be looked at further from this perspective. In response to further questioning, he stated that communities such as Woodstock with higher rental property percentages have these programs. P. Christensen stated the goal of this program would be to bring the City’s rental housing up to minimum life-safety standards.

Mr. Napolitano gave some examples of complaints which the City has received from tenants that the City has been unable to address as a non-Home Rule community. He opined that this proposed program will protect the City’s residents who are renters.

M. Turner stated this could be a slippery slope noting he would like to improve the appearance of some of the properties in the City and create some teeth in regulations designed to address the bad landlords while not creating additional regulation and red-tape for the good landlords.

M. Saladin expressed his agreement with Councilman Turner’s statement noting the importance of addressing some of the life-safety issues. He stated he wished to hear from some of the landlords.

J. Napolitano stated it is planned to have a workshop or meeting to get feedback from the landlords before implementation of the program.

M. Larson stated she would like to look into the issues that have come before the Council, which the City did not have the power to address as a non-Home Rule community, noting she would like to look into these specific situations first.

Mayor Sager noted the City would also have the ability to control the timeframe for compliance on some of the issues that have been brought before the Council.

Representative-elect Steve Reick opined there is a difference between a landlord of a single-family property vs. a landlord of several properties, noting this proposed program may be a burden on the former. He noted the landlord-tenant laws in Illinois layout the responsibilities of both. He opined that such a program could be an invasion of privacy and could possibly lead to lawsuits and to difficulties should a criminal violation come to light with the inspection.

Mayor Sager noted most of the properties in question are multi-family units and stated the City wishes to protect the rights of landlords as well as tenants’ rights. He stated the City has some exceptional landlords and does not wish to upset the balance. He noted, however, if a tenant is faced with a landlord who is not assuming the responsibilities provided for in the lease and subsequently has contacted the City, the City has not had the ability to act on behalf of the tenant. Mayor Sager stated Home Rule would enable the City to do that while still protecting landlord rights.

R. Schlossberg noted there are models for such programs that have been successfully implemented and tested in the courts.

Chief Mike Hill of the Woodstock Fire Rescue District stated the Fire Department also receives life safety complaints from tenants after they have tried unsuccessfully to get the landlords to address these issues. He noted the Department’s hands are tied and expressed WFRD’s support of this program as it would be a great help to the Fire Department to make sure the people of Woodstock have a safe place to live. He reiterated that everyone should have a safe place to live.

Councilman Starzynski opined that many people who become landlords, while well-intentioned, are not really qualified to decide life-safety issues, noting that many have become landlords by default.

For this reason, it is his feeling that one-unit landlords should not be given a pass. R. Telford stated the program would include an educational component also to provide information to the landlords. Chief Hill noted that it is correct that many landlords do not know what they are supposed to do and do not know the codes, so an education component is crucial.

A brief discussion followed of the possible process that would be involved with the inspection program with Allen Stebbins opining this would raise the inspected property up and raise its EAV, which would be of benefit to the entire City. J. Napolitano noted that the programs and processes implemented in other communities will be studied to determine what will work for Woodstock as it is wished to have the best, fairest regulations in place.

Mayor Sager noted this is an initial discussion with nothing being decided at this point. He stated the question is whether Council wishes to have staff proceed with a review and investigation of this proposed new program to bring back to the Council for further discussion and determination of whether it is something the City should do. He stated balance should be the key when dealing with two parties and the intent should be to improve things for everyone without burdening anyone.

In response to a question from Representative-elect Reick, Mayor Sager stated that all items listed under Item 3 – New Programs/Policies on the agenda are currently prohibited from implementation without Home Rule status. Councilman Turner also stated that, at some time, all of these items have been raised up to the City Council by the public who were asking for help, noting the City did not have the ability to do anything for them without Home Rule.

In response to a question from Mayor Sager as to whether the City Council wished to have staff continue to investigate this program and gather more information, under Home Rule status, it was the consensus of the Council that staff should proceed accordingly.

b. Property Maintenance

Mayor Sager stated the ultimate goal of this proposed program would be to bring property into compliance. J. Napolitano provided information on the City’s current methods of dealing with code violations under non-Home Rule status, noting violations are not always corrected in a timely manner.

He stated that Home Rule would give the City the authority to levy a small penalty to act as a deterrent and also gain compliance in a more timely manner and resolve complaints more quickly. R. Telford noted many times this involves repeat offenders who know the current timeframe with which the City must comply as a non-Home Rule community and so do not comply for 60 days because they know they do not have to. Mayor Sager stated the City consistently receives calls from neighbors who want the City to do something about these issues, noting it is a major problem.

M. Turner noted, in this case, the City must look out for the rights of the surrounding property owners. He also stated this would improve the look of the neighborhoods, noting it is appropriate for the City to exercise its authority to correct code violations on behalf of the neighboring residents.

M. Larson noted that all taxpayers are sharing in the cost of Code Enforcement and the continued efforts to address these issues.

Mayor Sager opened the floor to Public Comment to which there was none.

In response to a question from Mayor Sager, it was the consensus of the City Council that staff should continue to move forward in the investigative process for this program as a Home Rule community.

c. Crime-Free Housing

Police Chief John Lieb gave an overview of this proposed initiative stating it would allow the community to self-police. He stated if there is crime activity, the landlord could terminate a tenant’s lease in an expeditious manner. He stated there would be a registration and licensing program for landlords and would also include seminars for the landlords so they know what to expect.

Chief Lieb stated he has been looking at models from other communities to find samples of effective programs that would help the community maintain expected standards. He stated the landlords want people in their property who will maintain community standards and not damage or trash their property. Councilwoman Larson noted communities with successful programs will have already worked out many of the issues, including Constitutional issues. She requested additional information, specifically what problems this program would solve.

Councilman Turner urged balance without putting onerous regulations on the landlords. He expressed support of the overall goal of the program and requested additional information. R. Stelford noted this is a concept that requires additional research after which program parameters will be brought back to the Council for further discussion.

In response to a question from P. Christensen, Chief Lieb stated he has heard that it is true that criminals are being driven to communities without such a program and that a community should be one of the first in the area to enact such a program rather than the last.

J. Prindiville expressed his support of such a program. He noted the importance of landlord training to learn their responsibilities and how to keep criminal activity out of rental units.

Discussion followed of the definition of crime-free housing and what criminal activity will be involved, including drug activity and solicitation. Mayor Sager noted this program would work to both the landlords’ and the community’s benefit and would elevate the community. Discussion followed of how the program would work in simple terms.

In response to a question from Mayor Sager, it was the consensus of the City Council that Staff should proceed with the investigation of this program based upon Home Rule status and bring additional information back to the Council for discussion.

d. Business Registration

Economic Development Director Garrett Anderson gave an overview of this proposed program noting that many times people request contact information for a business and cannot be given this information as the City does not have a business registry. He stated the City does not wish the program to be onerous on the businesses but that it would provide contact information. He stated an example for which this information could be used is to contact all the business owners along Rt. 47 to notify them concerning the Rt. 47 improvements or to organize them for a meeting. He stated that it currently takes weeks to gather this information and notify all the businesses. Mr. Anderson stated this program would also be an enhancement to Code Enforcement and Fire Inspection. He noted the Fire Department is also interested as part of its fire extinguisher recharge program, which could be a financial benefit to the businesses. He stated this program could also result in an on-line business directory.

Mr. Anderson then provided information concerning similar programs in other communities, including the charges implemented. He noted the question for Woodstock would be how can the program be developed and implemented in-house and what is the breadth of businesses to be included.

In response to a question from P. Christensen concerning associated fees, Mayor Sager stated he is in favor of a business registry, but only with a small fee, if any. He opined the registration would be a beneficial networking tool. M. Saladin agreed, but noted he would not want to see the registration as a condition of being allowed to do business in Woodstock. He noted he would also like to hear from the business owners. M. Turner noted the City should give the businesses a good reason to participate and he feels there should be no charge. He opined this should be an easy process for the businesses and that participation should be voluntary.

Discussion followed of how the registry could be built. Chief Hill of WFRD stated he has wished for a business registry for some time, stating it would be a valuable tool for his department. He stated that at times business owners must spend money retroactively on things that could have been avoided if he was able to work with them from the onset. He expressed his wish that the requirement for registration be mandatory, noting that it would increase safety in the community.

Mayor Sager opened the floor for Public Comment.

J. Prindiville stated that coordination would be very important, opining that perhaps the red tape involved with the wireless alarm program could be eliminated with a business registration program. Mayor Sager agreed, noting the alarm program should be reworked to eliminate the red tape regardless of whether the business registry is implemented.

e. Local Purchasing

P. Christensen briefly explained this program, noting a local business recently requested the City consider a policy offering preference for local businesses. He stated this would give the City the ability to hire a local company or award a bid to a local company even if the cost would be minimally greater.

M. Saladin stated this must be balanced against the fact that the City would be spending taxpayers’ dollars. He stated he would need to see a model as to how much this would cost. M. Turner stated he would be willing to look at this program if the cost increase was minimal. Mayor Sager noted as local businesses grow, the tax base would shift away from the taxpayers. Discussion continued concerning this program with the consensus being that there should be a cap on the cost increase. Allen Stebbins suggested considering placing language in bid documents, which would require a bidder to employ a certain percentage of residents and/or purchase a certain percentage of materials locally.

In response to a question from Mayor Sager, by majority it was the consensus of the City Council that staff should investigate this program based upon Home Rule status and bring additional information back to Council for continued discussion. Councilman Thompson dissented, opining that other communities could implement the same type of program which would negatively affect Woodstock’s businesses.

f. Police Hiring/Discipline/Promotions

Mayor Sager stated the current members of the Board of Fire and Police Commissioners are doing an excellent job, giving examples of some of its recent work and decisions in terms of hiring. He noted, however, Home Rule status provides the opportunity to tweak the hiring, discipline, and promotion processes, including having a hybrid of what the City currently has. He stated the City could maintain the current BOFPC while looking at a combination of the Human Resources Department, Police Administration, and the BOFPC for hiring, discipline, and promotion issues and decisions.

Councilman Thompson opined the City should attempt to hire more female and Spanish-speaking Police officers.

In response to a question from M. Larson, Chief Lieb stated no authority would be taken away from the current structure, but rather a new perspective of relevancy from the City would be added to the Board’s position. Mayor Sager stated this would provide the opportunity to give the City’s perspective to the Board.

In response to a question from M. Turner, Chief Lieb stated no additional members would be added to the BOFPC, but rather more information would be provided to them from the Police Administration and Human Resources. Councilman Turner opined it is in the best interest of the City for the Administration and the City Council to have more input and control in disciplinary matters, noting he has wished for this in the past as issues have arisen. Chief Lieb noted this will provide more control for the City, while not taking anything away from the BOFPC as it will provide more information to them so they are able to make the best decisions possible.

Mayor Sager stated with this proposal, the three entities will work more closely together and provide a more balanced approach in the areas of hiring, discipline, and promotions.

In response to a question from Mayor Sager, there were no comments forthcoming from the public.

In response to a question from Mayor Sager, it was the consensus of the City Council that, with Home Rule status, Staff should move forward with further investigation of this issue to bring back to Council for further discussion.

g. Video Gaming – Fees/Limit Licenses

P. Christensen gave a brief overview of this topic stating as a non-Home Rule community, the City is limited in its control of video gaming. He stated if a business has a certain type of liquor license, it is entitled to a video gaming license and the City is limited to charging a maximum fee per video gaming machine of $25. Mr. Christensen stated upon reaching Home Rule, the City would have the authority to increase this fee and also to regulate the number of video gaming machines. A discussion ensued concerning fees and how such a program could be implemented. Mr. Christensen provided information concerning the fees other nearby Home Rule communities have implemented, including an operator application fee.

Mayor Sager stated the question is whether the Council wishes to look at three aspects of this policy:

1) The fees associated with the video gaming machines themselves; 2) The option to implement a fee charged to the provider of the machines; 3) Limits to the video gaming licenses with only a certain number of licenses available.

Councilman Hart opined the City’s fee charged for the video gaming machines is very low and should be $1,000 per machine per licensee. He noted that Harvard charges $1,000 to apply for a liquor license if they also want to offer video gaming. A discussion ensued.

In response to a question from Mayor Sager, there was no Public Comment.

In response to a question from Mayor Sager, without objection it was the consensus of the City Council that Staff should continue to investigate this topic and gather more information to bring back to

Council for further discussion.

h. Adjudication Fees/Penalties

J. Napolitano gave a brief overview of this item, noting currently minimum fees and penalties for various offenses are prescribed by State Law. He stated some of these fees are high given the minor nature of the offense and are often more than the offender can afford. Mr. Napolitano noted the City is looking for compliance and implements payment plans, which are sometimes not adhered to. He opined if, as a Home Rule community, the City set the fine at a more reasonable level, this might lead to payment and compliance. He noted Staff also wishes to investigate and explore pre-pay tickets at a reduced level.

Mayor Sager stated this is not looked at as a revenue generator, but rather a program to bring about compliance in an efficient, timely manner for both the City and the individual going through the system.

M. Saladin stated this would be a benefit for the public with reduced fines and also possibly not having to go to court.

In response to a question from Mayor Sager, there was no Public Comment.

In response to a question from Mayor Sager, without objection it was the consensus of the City Council that Staff, pursuant to Home Rule, should continue to investigate this topic and gather more information to bring back to Council for further discussion.

4. City’s Revenue Mix

P. Christensen gave a brief overview of this item noting with Home Rule, the City would have the ability to change the revenue mix in a manner that could potentially lessen the City’s reliance on property taxes and other taxes that solely impact residents.

Mayor Sager stated it has been Council’s wish to relieve the tax burden on Woodstock’s residents and businesses as evidenced by foregoing the PTELL for the past several years, saving residents 25% in the City’s portion of the property tax bill. He noted it is hoped to go even further in the next budget cycle.

He stated while everything comes out of the peoples’ pockets, the City does not have a lot of people saying they wish fewer services, however. Consequently, the City must balance things, managing its fiscal house and not spending more dollars than are available, while providing those services.

Mayor Sager stated Home Rule status offers the City the opportunity to look at the revenue mix. He noted property taxes are borne only by the property owners and it would be a positive step if the City could do something to reduce them. He stated the City cannot forego these dollars, however, and must generate income in order to retain the needed and wanted services, so other options must be investigated.

Mayor Sager identified that one option could be a sales tax which is spread out among both residents and individuals coming into the community. He stated the communication tax is also burdensome on residents so the City could look at reducing this and property taxes and implementing a sales tax and utility tax. Mayor Sager stated he is not advocating implementation of anything without more investigation, but is saying the City should take a look at the revenue mix to try to relieve the burden of taxes and fees on the residents to whatever extent that can be done, while accommodating basic services and safety issues.

A brief discussion ensued of some of the options that exist with Home Rule status that have not been available to Woodstock as a non-Home Rule community. Mayor Sager asked for a brief overview of some of the possible revenue sources, stating an in-depth discussion would take place at a later date.

Sales Tax

Mr. Christensen stated that all surrounding Home Rule communities have implemented a sales tax, with the exception of Huntley, which just attained Home Rule Status. R. Stelford stated that implementation of a 1% sales tax would result in an estimated $2.5 million of additional revenue.

Motor Fuel Tax

P. Christensen stated this would be a percentage on a gallon of gas and could be applied to road improvements. R. Stelford noted the price of gas is already a sensitive issue with it already being higher than other surrounding communities. M. Turner stated he would like to know if any other communities have implemented this and have an estimate of what additional revenue this would bring in.

Utility Tax

P. Christensen stated this would be a tax on gas, electric, and water. He noted that while this could be a significant revenue generator, it would be paid 100% by the residents and largely by the businesses.

Stormwater Management Fee

P. Christensen stated this is usually placed on the water bill and is based upon square footage.

Other

P. Christensen noted some others including a liquor tax on packaged liquor, a “pop” tax, and an entertainment or amusement tax.

Mayor Sager stated this is a basic list and a very, very preliminary discussion. He noted the question is how can the City best meet its needs while protecting residents from taxes and fees that are too high, stating this will require a more in-depth discussion. Mayor Sager stated the City also passed a policy which would be in effect in order to implement any of these taxes or fees.

Mayor Sager opened the floor for Public Comment.

Representative-elect S. Reick asked if any of these would be intended only for a specific purpose. R. Stelford stated this would be at the Council’s discretion, noting the funds could go into the General Fund or another area at Council’s discretion. Mayor Sager stated there are concerns with road maintenance and the Police Pension Fund so the identified revenue could be used as sustainable sources for these, for example, but again noted this would require much more in-depth discussion.

4. Public Communication and Outreach

Mayor Sager stated this is associated with the Resolution passed by the Council and previously discussed.

R. Stelford noted Council passed this Resolution regarding anything that would change the structure. He stated staff would like to research these items more in depth and also reach out to and communicate with the public. He stated the City could conduct forums with the groups involved to get their opinions. Other forms of public engagement were mentioned. Mr. Stelford stated once this outreach was complete, then the item or items would be brought back to the City Council for further discussion.

M. Larson stated she would like to see a lot of public engagement, with this being just the start of the process. She opined there needs to be much more discussion, including public input.

Mayor Sager stated items identified should not be looked at in one big package, but each should be considered on its own merit. He noted due process must be ensured on an individual basis. He stated the pros and cons must be looked at for each individual item, as well as the best practices of other communities. He also stated the impact of each of the fees must be identified and this must be shared with the public, also.

Mayor Sager opened the floor to Public Comment.

J. Prindiville suggested renaming the Crime-Free Housing Program to something less harsh. Representative-elect Reick stated in a report he read on what communities wished to do with Home Rule authority, Revenue ranked quite low. He noted it is important to let the public know that Home Rule allows the City to remove impediments as regulation removal is much easier in Home Rule communities. He noted Home Rule allows the City to reduce burdens, not just raise revenue.

Mayor Sager called attention to the City’s website which contains a Question & Answer section on Home Rule along with a copy of the policy that was passed by the City Council and discussed previously.

ADJOURN

Motion by J. Starzynski, second by M. Turner, to adjourn this Special Workshop Meeting of the Woodstock City Council to the next Regular Meeting on Tuesday, December 20, 2016 at 7:00 PM in the Council Chambers at Woodstock City Hall. Ayes: D. Hart, M. Larson, M. Saladin, J. Starzynski, RB Thompson, M. Turner, and Mayor Sager. Nays: none. Abstentions: none. Absentees: none.

Motion carried. Meeting adjourned at 5:34 PM.

Respectfully submitted,

Cindy Smiley

City Clerk