Loading...
HomeMy WebLinkAboutMinutes - 11/19/2012 - City Council REGULAR MEETING �.. November 19, 2012 Mayor Low called the regularly scheduled November 19, 2012 meeting of the McHenry City Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, and Condon. Absent: None. Also in attendance were City Administrator Morefield, Deputy City Administrator Martin, Assistant City Administrator Hobson, City Clerk Jones, City Attorney McArdle, Public Works Director Schmitt, City Engineer Pieper and Chief of Police Jones. PUBLIC INPUT SESSION Ms. Kerry Gonzalez, 27811 N. Beach Street, Island Lake, stated that it has always been her belief that the police department was in the community to serve and protect. Ms. Gonzalez informed the Council that Jesse Gonzalez is deceased. He was a resident of the City of McHenry for over two years and the father of two daughters. Following the death of Mr. Gonzalez numerous items were stolen from the residence, including landscaping from the yard and personal items from the home, which belonged to the deceased and should have rightfully been inherited by his daughters. Ms. Gonzalez stated that while she called the Police Department and brought these matters to their attention, no one has been held accountable for the thefts. Ms. Gonzalez requested that police department policies be reviewed. Mayor Low informed Ms. Gonzalez that no action is taken by Council regarding Public Input, but assured her that the issue would be looked into and someone from the Police Department would be in contact with her. CONSENT AGENDA Alderman Condon requested that the first page of the Council meeting minutes dated November 5, 2012, regarding the Character Counts! Recognition Awards be revised to reflect that Nancy Hernandez Tapia was recommended for the award by Lori Davisson, Special Education Teacher at McHenry High School West Campus. Motion by Wimmer, seconded by Blake, to approve the Consent Agenda as presented: A. Request for a temporary use permit to allow a Christmas tree sales lot in the McHenry Market Place Shopping Center, located at 4400 West Elm Street,from November 23`d through December 31"; B. Approval of October 29,2012 City Council meeting minutes; C. Approval of November 5,2012 City Council meeting minutes;and D. List of Bills: 1000BULBS.COM 161.78 ACE HARDWARE, BJORKMAN'S 3,051.41 ADAMS ENTERPRISES INC, R 290.25 ADVANCED AUTOMATION AND 330.00 ADVANCED PUBLIC SAFETY I 845.25 AMELIO, ROBERT 235.00 ANDERSON, LORI 19.38 APCO INTERNATIONAL INC 69.00 AT&T 4,665.20 B&W CONTROL SYSTEMS INTE 30,006.00 BAKER & SON CO, PETER 9,956.05 BARKER COMPANY INC, BOB 28.16 Regular Meeting Page 2 November 19,2012 BLACKSTONE LANDSCAPE INC 8,449.00 BUNCH DISTRIBUTING INC 101.66 BURRAFATO, SAM 96.27 BUSS FORD SALES 495.58 CABAY & COMPANY INC 552.60 CAREY ELECTRIC 309.00 CARQUEST AUTO PARTS STOR 1,880.39 CENTEGRA OCCUPATIONAL HE 220.50 CHICAGO INTERNATIONAL TR 477.49 CINTAS CORPORATION #355 1,642.54 CLESEN, NICHOLAS 16.00 COMCAST CABLE 190.40 COMED 44,184.39 CONSTELLATION NEWENERGY 35,350.79 COUNTY CLERKS OFFICE 10.00 CRESCENT ELECTRIC SUPPLY 231.86 D'ANGELO NATURAL SPRING 69.75 DAVEY RESOURCE GROUP, TH 2,100.00 DREISILKER ELECTRIC MOTO 30.66 DULTMEIER SALES INC 1,931.57 DURA WAX COMPANY INC, TH 128.01 ECKELS, CARL 30.00 ED'S AUTOMOTIVE/JIM'S MU 104.00 ED'S RENTAL & SALES INC 33.50 EWO LTD 395.00 FAST EDDIES CAR WASH 106.15 FIRE GUARD OF ILLINOIS I 125.00 FISCHER BROS FRESH 4,160.88 FLOWER SHOW PRODUCTIONS 523.00 FOX VALLEY FIRE & SAFETY 929.50 FOXCROFT MEADOWS INC 539.50 G IMPRESSIONS INC 25.00 GETUM INC 1,484.00 GITZKE, WILLIAM J 236.45 HARMENING, CHRISTOPHER M 138.00 HD SUPPLY WATERWORKS 38.98 HRGREEN 18,917.05 IACE 80.00 ILLINOIS STATE POLICE 500.00 IPPFA 775.00 IPRA 488.00 JUNGMANN, MARLENE B 386.00 KIMBALL MIDWEST 633.82 KING, LAURA 50.00 KIRCHNER FIRE 68.25 KLEAN, TRACY 34.00 LAKESIDE PEST CONTROL SE 110.00 LAMZ, TYLER 51.05 LEXISNEXIS 118.50 LILEENG, MICHAEL D 2,400.00 MARSH USA INC 146.00 MCANDREWS PC, THE LAW OF 6,800.00 MCCAFFERTY, BRITTANY 432.00 MCCANN INDUSTRIES INC 462.27 MCHENRY ANALYTICAL WATER 120.00 MCHENRY AREA CHAMBER OF 325.00 MCHENRY COUNTY RECORDER 798.00 MCHENRY FIRESTONE 520.88 MEADE INC 196.33 MENARDS - CRYSTAL LAKE 36.99 MERWIN, BENJAMIN J 800.00 MEYER MATERIAL COMPANY 99.07 MID AMERICAN WATER OF WA 2,069.52 MIDWEST HOSE AND FITTING 134.88 MINUTEMAN PRESS OF MCH 182.25 MORITZ, SHERRIE 8.00 MORRIE AND SONS INC 150.00 NAPA AUTO PARTS MPEC 4,530.66 NATURESCAPE DESIGN INC 300.00 NENA 130.00 Regular Meeting Page 3 November 19,2012 NORTH AMERICAN SALT COMP 18,025.54 NORTHWEST ELECTRICAL SUP 89.07 NUTOYS LEISURE PRODUCTS 165.00 OTTOSEN BRITZ KELLY COOP 259.00 OWSLEY, MIKE 83.16 PANEK, ROSEANNE 22.00 PARKING LOT SERVICES MAI 9,150.00 PETROLIANCE LLC 12,567.89 PETROW, STEPHANIE S 50.00 PETTIBONE & CO, P F 1,364.40 PITEL SEPTIC INC 1,065.00 PLS LOAN STORE 30.00 PRIME TACK & SEAL CO 1,086.76 RADIOSHACK CORPORATION 76.99 RELIABLE OFFICE SUPPLIES 232.20 RIVERSIDE BAKE SHOP 22.03 ROC CONSTRUCTION SUPPLY 88.56 ROSE, JEFFREY T 225.00 ROSKE, ROBERT 141.24 ROTARY CLUB OF MCHENRY 223.00 SAM'S CLUB 134.30 SASAK, TODD 2.80 SCIAME, RYAN 24.14 SERVICEMASTER CLEAN 636.01 SEXTON, ERIC M 11.40 SHAW SUBURBAN MEDIA 140.00 SHUETT, DEBORA 8.00 SICALCO LTD 1,713.60 SIRCHIE FINGER PRINT LAB 324.55 STAN'S FINANCIAL SERVICE 222.00 STANS FINANCIAL SERVICES 135.00 STANS OFFICE TECHNOLOGIE 1,547.09 STAPLES ADVANTAGE 186.52 STATE FIRE MARSHAL 75.00 STATE TREASURER IDOT 7,268.04 STERWERF, JASON 92.00 SUNNYSIDE COMPANY 46.84 SYNEK, JENNIFER 69.98 THREE D DESIGN STUDIO LL 1,356.37 TOBIN, TRACY 140.00 TRAFFIC CONTROL & PROTEC 357.05 ULTRA STROBE COMMUNICATI 7,491.17 UNITED PARCEL SERVICE 27.31 VACULA, JOHN T 550.00 VAN GALDER BUS COMPANY 100.00 VARVIL, MARYBETH 75.00 VERIZON WIRELESS 2,150.77 VOLTAGE ONE INC 1,250.99 WASTE MANAGEMENT OF WI P 6,847.16 WELCH BROS INC 112.00 WHOLESALE DIRECT INC 850.55 WILSON NURSERIES INC 273.00 WOODSHOP, THE 320.00 WORLD SECURITY & CONTROL 210.00 ZEP SALES & SERVICE 414.62 ZUKOWSKI ROGERS FLOOD & 8,550.00 GRAND TOTALS 288,528.52 FUND TOTALS GENERAL FUND 149,814.91 TOURISM FUND 1,356.37 ALARM BOARD FUND 929.50 MOTOR FUEL TAX FUND 25,799.14 DEVELOPER DONATION FUND 502.87 CAPITAL IMPROVEMENTS FUND 2,932.30 CAPITAL EQUIPMENT FUND 6,835.27 WATER/SEWER FUND 93,262.00 UTILITY IMPROVEMENTS FUND 3,999.50 MARINA OPERATIONS FUND 64.17 Regular Meeting Page 4 November 19,2012 RISK MANAGEMENT FUND 867.74 INFORMATION TECHNOLOGY FUND 493.75 RETAINED PERSONNEL ESCROW 896.00 POLICE PENSION FUND 775.00 TOTALS 288,528.52 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR A SIGN SETBACK VARIANCE FOR AN EXISTING NON-CONFORMING, FREESTANDING DEVELOPMENT ENTRANCE SIGN LOCATED IN FRONT OF THE MCHENRY GROUNDS SHOPPING CENTER AT 1783 NORTH RICHMOND ROAD Deputy City Administrator Martin informed the Council that the applicant is the owner of McHenry Grounds Shopping Center on North Richmond Road. He is seeking a sign setback variance for the existing freestanding development entrance sign. The sign for the Center is non-conforming as a result of a right-of-way conveyance when the McCullom Lake/Richmond Road improvements were completed approximately eleven years ago. The City sign ordinance requires a seven-foot setback and the actual sign setback is approximately two feet. Staff supports the sign variance request because the hardship reducing the setback was not the result of any action taken by the property owner. When McCullom Lake Road and Richmond Road were realigned, a right-of-way conveyance was required for the improvements, which created the non-conformity for the property owner. If Council approves the requested variance the sign would be considered legal and the property owner would not be required to pay an annual fee for a non-conforming sign beginning in August 2015. Alderman Peterson opined he would like to see relief for the property owner, who has already incurred the $175.00 filing fee for the variance, even though the non-conformance was not caused by him. Motion by Schaefer, seconded by Santi, approving the request for a five-foot sign setback variance for the property located at 1783 North Richmond Road, as presented. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Regular Meeting Page 5 November 19,2012 REQUEST FROM IVICHENRY ROTARY CLUB FOR THE USE OF PETERSEN PARK AND CITY `— SUPPORT SERVICES FOR THE BLUES, BREWS & BMS EVENT, AUGUST 3, 2012 THROUGH AUGUST 5, 2013 Assistant City Administrator Hobson reiterated that in 2012 the McHenry Rotary Club hosted the inaugural Blues, Brews & BBQ's Festival at Petersen Park. The event included food vendors, live bands, a BBQ cooking contest and served beer, wine and malt beverages. Due to inclement weather, the proposed grass volleyball tournament was cancelled and a brief closure of the park was necessary, however,the event was deemed successful and the Rotary is seeking permission to again host Blues, Brews and BBQ's in Petersen Park in August 2013. The event is scheduled for August 2nd through August 4th, however the Rotary Club is requesting the use of Petersen Park August 15t through August 5th in order to facilitate set-up and clean-up. Staff feels the initial event was well run by the McHenry Rotary Club and their volunteers. The Rotary Club has not altered their requests from 2012 and the goal remains to create a family friendly event. Friday's hours would be 4:30 pm to 11:00 pm, Saturday 2:00 pm to 11:00 pm and Sunday from 12:00 pm to 8:00 pm. Beer ticket sales will cease at 10:15 pm. Each day will include food, live music and beer service. The proposed grass volleyball tournament would be held in the western portion of the park on Friday, Saturday and Sunday. Children 12 and under will be admitted free. Attendees over age 12 will be requested to make a $5.00 donation for admittance. Assistant City Administrator Hobson noted that a local security firm will handle wrist- banding for alcohol service and local business volunteers provide the actual service of alcoholic beverages. The City intends to have police presence at the event to ensure public safety. The Rotary's request has been reviewed with Chief Jones and staffing estimates have been made based upon last year's event. Based on those figures, the police cost projection is approximately $6,914, which would be paid by the McHenry Rotary Club, in addition to the $500 park rental fee. The McHenry Rotary Club would like to place 18" x 24" election style signage, advertising the event, in municipal right-of-ways at fifteen locations throughout the City of McHenry. The signs would be installed on July 22, 2013 and removed August 5, 2013. The proposed locations for the signs are: 1. Rt. 31 &Charles Miller Road 2. Bull Valley&Crystal Lake Rd. 3. Bull Valley&Curran Rd. 4. Green St. & Elm St. 5. Green St. &Waukegan Rd. 6. Chapel Hill & Rt. 120 `.- 7. Petersen Park Entrance Regular Meeting Page 6 November 19,2012 8. Rt. 31 & Pearl St. 9. Chapel Hill &Lincoln Rd. 10. McCullom Lake Rd. & Rt. 31 11. Crystal Lake Rd &Lillian 12. McCullom Lake Rd. & Riverside Dr. 13. Curran Rd. & Dartmoor Dr. 14. Riverside Drive and Rt. 120 (Southwest Corner) 15. Route 120 & Ringwood Road Staff supports this event, which is run by a local charitable organization with an excellent record of giving back to the community. Council concurred the event appears to be well thought out and well organized. Motion by Schaefer, seconded by Santi, to grant the request of the McHenry Rotary Club to (1) host the Blues, Brews & BBQ's Festival at Petersen Park on August 2nd through August 4th, 2013 from 4:30 pm to 11:00 pm on Friday, 2:00 pm to 11:00 pm on Saturday and 12:00 pm to 8:00 pm on Sunday; (2) approving a special event liquor license for the sale of beer, wine and malt liquor, as outlined in the event description; and (3) approving the temporary sign request for right-of-way signs, as presented. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CONSIDERATION AND APPROVAL OF THE MCHENRY AREA CHAMBER OF COMMERCE PROPOSED 2013 FIESTA DAYS SCHEDULE OF EVENTS FROM JULY 11, 2013 THROUGH JULY 21, 2012, INCLUDING THE ADDITION OF THURSDAY TO MUSIC FEST WEEKEND; USE OF PUBLIC PARKS AND CITY SERVICES; SPECIAL EVENT LIQUOR LICENSE AND PERMISSION TO POST TEMPORARY ADVERTISING SIGNS IN MUNICIPAL RIGHT-OF-WAYS Assistant City Administrator Hobson informed the Council that the McHenry Area Chamber of Commerce ("MACC") is in the process of planning the 65th Annual Fiesta Days. He indicated two notable changes and one proposed addition to the schedule: • Omission of the Drum and Bugle Corps performance; and • Omission of Family Faith Night; and • Proposed addition of a Thursday night schedule of events at Petersen Park. Assistant City Administrator Hobson advised Council that MACC is requesting permission to use Petersen Park and Veterans Memorial Park and to utilize the services of the Parks, Police and Public Works departments, to provide various services for proposed events. The events for Fiesta Days would customarily commence on Friday, July 12th and conclude with the parade on Sunday, July 21, 2013. The MACC is requesting to add an additional night to the music fest weekend, which would begin the evening of Thursday, July , 11th and last from 6:00 pm to 11:00 pm. The MACC is proposing that this additional night of Regular Meeting Page 7 November 19,2012 events would include all the standard amenities of the typical music fest weekend with live `- entertainment, carnival and amusement rides, food, and beer and wine service. Pursuant to approval of the proposed Fiesta Days schedule, the MACC has submitted an application for a special event liquor license to serve beer and wine on the dates and at the locations indicated. Assurance has been made that every effort will be made by the MACC to ensure that underage visitors would not be served alcoholic beverages. I.D.'s will be requested and wristbands would be required to obtain alcohol. Additionally, as in past years the MACC is requesting permission to place 24" round signs in right-of-ways in front of local sponsor businesses to advertise Fiesta Days. The signs would be installed the week preceding the event and removed the day after Fiesta Days ends. Assistant City Administrator Hobson informed Council that in 2012 the Fiesta Days music fest drew a crowd in excess of 7,000 attendees on Saturday night, with an overall festival attendance of approximately 11,000. The large crowd on Saturday night necessitated the addition of a significant number of police officers to manage the crowd, causing a significant increase in the City's overtime costs for the event. In previous years Council has waived the costs to the City associated with Fiesta Days and each year the MACC has made a subsequent donation to the City. For the last four years the MACC donation has been $3,000 per festival. However, based on an average overtime rate and additional hours incurred for the music fest weekend, last year the City requested and received $7,000. Staff has compared the City's costs to provide services for the event to the annual donation MACC makes to the City. In Staff's opinion, the events outside of music fest are largely free to the community and were not considered in the equation. In 2011, the City spent $8,640 in police overtime and approximately $1,000 in parks employee overtime for music fest weekend. MACC's donation of$3,000 accounted for 31% of the costs. In 2012, the cost to the City increased to $17,000 for police services and $1,400 for park overtime. The City received $7,000, which accounted for 38% of the costs. For 2013, based on attendance estimates provided by MACC, not including the addition of Thursday night, police cost estimates are $10,775 and parks cost estimates are$1,100. Staff believes a fair monetary request, considering MACC completely funds the parade with an estimated budget of nearly $10,000, should be 50% of the City's manpower cost associated with the typical Friday through Saturday music fest schedule. Should requests or staffing requirements arise beyond and above the typical festival, those costs would be paid to the City at 100%. The proposed fee schedule moves the City away from a random donation by establishing specific guidelines for the management and contribution to Fiesta Days by both the City and MACC. Regular Meeting Page 8 November 19,2012 Chief of Police Jones stated he is not supportive regarding the addition of Thursday `1 night festivities. The Police Department is currently reaching a saturation point. There are many more events that now take place in the City than before and the department now has only 46 officers where before there were 51 full time officers. He noted that none of the police officers are permitted vacation time during the time Fiesta Days is occurring in an effort to adequately cover all activities. Kay Rial Bates, President of the McHenry Area Chamber of Commerce, addressed Council. Ms. Bates introduced members of the Board of Directors of the MACC, together with MACC Staff, in attendance. Ms. Bates thanked Council for their support and the support of City Staff during the Fiesta Days event over the years. Ms. Bates reiterated to Council MACC's desire to open Thursday,July 11, 2013 from 6:00 pm to 11:00 pm as part of the Music Fest weekend. She stated that if opening Thursday were an option it would alter the profitability of the Music Fest weekend and permit MACC to have Sunday as a free day in the park for everyone in attendance. Ms. Bates provided Council with a copy of a tentative schedule of events for the 2013 Fiesta Day event. Alderman Schaefer noted that two negative areas of feedback that he has heard are dissatisfaction with the carnival and there is not an overabundance of family oriented activities. He opined that with the addition of Thursday increasing revenue and Sunday being a "free" day it might draw attendance to the carnival and the park. Alderman Schaefer inquired about the removal of the Drum and Bugle Corps from the parade and whether that might have an effect on attendance at the parade. Assistant City Administrator Hobson, who also is the Parade Chairman for MACC, stated that the Drum and Bugle Corps was very expensive and not having it in the parade might increase the possibility of participation by other entertainment. Mr. Hobson noted that marching bands are the most expensive component of any parade. The only band in the 2013 Fiesta Day Parade will be the McHenry High School Band. Alderman Santi inquired about whether independent security, in addition to the local police department had been considered. Chief Jones stated that he would be opposed to an independent security organization's participation. He opined concerns regarding conflicts between the organizations and leadership issues and he would want to make certain that only certified law enforcement officers were involved. Alderman Glab asked if the MACC could provide a profit and loss statement to the City in order to adequately calculate the City's involvement and costs involved. Ms. Bates stated that the figures are available and provided by the Chamber following each Fiesta Days event. Alderman Blake opined that while he understands the MACC wanting to add Thursday night to the festivities, he has difficulty going against Chief Jones's recommendations. Also, Regular Meeting Page 9 November 19,2012 there is a small neighborhood in proximity to Petersen Park and people still need to be at work `— on Friday. Responding to an inquiry from Alderman Wimmer regarding the time that beer sale ceases, Assistant City Administrator Hobson stated there is no standard time established by the City. Petersen Park closes at 11:00 pm; MACC has requested beer sales until 10:45 pm, however,the tickets for the purchase of beer ends at 10:30 pm. Alderman Wimmer and Alderman Condon concurred with Alderman Blake regarding Chief Jones's recommendation concerning the addition of Thursday night to the event schedule. Jeff Kleinschmidt, Entertainment Director for Fiesta Days, stated that without the revenue that was anticipated to be generated with the inclusion of a Thursday night event, it is likely that a charge will have to be imposed for attendance on Sunday. In response to an inquiry from Council, Chief Jones explained the difference between a Reciprocal Agreement and an exchange of officers. He noted the members involved in the exchange of officers are certified gang officers. Mayor Low opined that everyone in the City supports and looks forward to the annual Fiesta Days event. She stated it is an effort to decide what the City can manage. Motion by Condon, seconded by Wimmer, to: (a) accept the McHenry Area Chamber of Commerce 's 65th Annual Fiesta Days event schedule; (b) use of Parks, Police and Public Works departments for various services related to the event, with an agreement that MACC will reimburse the City for 50% of the City's manpower costs associated with the typical Friday through Sunday music festival schedule and at 100% if staffing requirements go above the typical festival; (c) approve the special event liquor license; (d) approve the placement of temporary signs to advertise for the events, as indicated, and (e) omitting the addition of Thursday night to the Music Festival weekend. Voting Aye: Santi, Blake, Wimmer, Peterson, Condon. Voting Nay: Glab, Schaefer. Absent: None. Motion carried. Regular Meeting Page 10 November 19,2012 PRELIMINARY ENGINEERING SERVICES AGREEMENT FOR MOTOR FUEL TAX FUNDS WITH HR GREEN, INC., FOR THE LUMP SUM AMOUNT OF $50,000 FOR CRYSTAL LAKE ROAD IMPROVEMENT PHASE II ENGINEERING Director of Public Works Schmitt reiterated to the Council that at the December 5, 2011 City Council meeting, Council authorized an agreement with HR Green for the Phase I engineering for improvements to Crystal Lake Road from Route 120 to Bull Valley Road. The improvements include: • Traffic signal modernization; • Hot-mix asphalt surface removal and resurfacing; • Pavement patching; • Spot concrete curb and gutter replacement; • Detectable warnings; and • Pavement striping. The McHenry County Council of Mayors awarded up to $1,500,000 of Surface Transportation Program ("STP") funds for Crystal Lake Road Improvements. STP funds will pay for up to 80% of the total cost of construction and Phase III engineering with a local match requirement of 20%. The City is responsible for 100% of the cost of Phase I and Phase II engineering. Director Schmitt informed Council that the next step in the progression of the project is '1 to begin Phase II engineering. HR Green has submitted an Engineering Services Agreement using the Illinois Department of Transportation's ("IDOT") required standard form for the lump sum of $50,000. The scope of work includes preparation of Phase II contract plans, specifications and estimates for the proposed improvements of Crystal Lake Road. Director Schmitt advised Council that it is estimated that the contract documents will be prepared to meet an April 2013 letting. He noted that the 2012/2013 Capital Improvement Program includes $50,000 for Phase II engineering of Crystal Lake Road Improvements funded by Motor Fuel Tax ("MFT") revenues. Responding to an inquiry from Alderman Glab regarding why the project necessitates that the engineering be done in phases, Chad Pieper, City Engineer with HR Green, explained that IDOT requires the engineering firm go through each phase. HR Green has endeavored to charge as small a fee as possible. Mr. Pieper stated that IDOT has requirements, which mandates that the engineering company is required to do certain studies according to each phase of the project. Motion by Wimmer, seconded by Condon, to approve the Preliminary Engineering Services Agreement for Motor Fuel Tax Funds with HR Green, Inc., in a lump sum amount of $50,000, for Crystal Lake Road Improvement Phase 11 Engineering. Regular Meeting Page 11 November 19,2012 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. L Voting Nay: None. Absent: None. Motion carried. RESOLUTION ESTABLISHING A PUBLIC HEARING ON DECEMBER 3, 2012 TO CONSIDER THE 2012 TAX LEVY TO BE COLLECTED IN 2013 IN THE AMOUNT OF$4,761.610 City Administrator Morefield advised Council that as a "Home Rule" community, the City of McHenry is no longer subject to the Property Tax Extension Limit Law ("PTELL"), which limits increases to residents' property taxes by preventing a local government's property tax levy from growing at a faster pace than the rate of inflation. However, each of the last three years the City has set the property tax levy as if it was subject to PTELL. The levy extension calculated by the City will no longer be reduced by the County Clerk as part of the property tax levy process, therefore, it is critical that the property tax levy is the amount the City needs for general operations. The City must provide the amounts required for the property tax levy so the funds generated through this revenue mechanism will become available during the 2013/2014 fiscal year. The levy must be approved the City Council and submitted to the McHenry County Clerk by the last Tuesday in December, which is December 25, 2013. The 2012 levy request of $4,761,610 is equal to the prior year's extension. It is recommended not to increase the tax levy in an effort to be mindful of the continuing economic conditions and the related property tax burden on McHenry residents. The proposed extension would result in the City portion of the tax levy not increasing for the average property owner. City Administrator Morefield noted that the City tax levy represents only 7.19%of the City resident's total property tax bill. City Administrator Morefield stated that since the tax levy estimate shows an increase of less that 5% when compared to the previous extension, the City is not required to hold a Public Hearing to meet the requirements of the Truth-in-Taxation Law, as was the case in prior years. However, Administration is recommending that the City conduct a Public Hearing, in case there are any questions or comments from the public. Motion by Schaefer, seconded by Condon, to (1) approve the attached Resolution setting the levy request for 2012 (collected in 2013) at $4,761,610; and (2) establishing the date of Monday, December 3, 2012, as the date to conduct a Public Hearing to consider approval of the property tax levy. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Regular Meeting Page 12 November 19,2012 MAYOR STATEMENT AND REPORT Mayor Low wished everyone a Happy Thanksgiving. Mayor Low announced that the first Turkey Trot for Hospice 5K will take place on Thursday, November 22, 2012 at 8:00 am at McHenry High School East Campus. Mayor Low announced the Christmas Walk was an amazing and successful event. Attended by over 1,000 motorcycles, the Toys-for-Tots collection resulted in a packed semi- trailer. COMMITTEE REPORTS There were no Committee reports. STAFF REPORTS City Administrator Morefield thanked Chad Pieper of HR Green, Inc., for providing information pamphlets regarding the Charles J. Miller Road Improvements Phase I Roadway Widening and Bridge Construction. For additional information, visit: www.ChariesMillerRoad.com. Alderman Peterson opined that despite voting against the installation of Christmas lights in Veterans Park by an outside vendor, he admits that the lights look incredible. EXECUTIVE SESSION Motion by Wimmer, seconded by Blake, to adjourn to Executive Session to discuss Property Acquisition at 7:53 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Motion by Wimmer, seconded by Condon, to return to Open Session at 8:29 pm. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council returned to Open Session at 8:29 pm. Regular Meeting Page 13 November 19,2012 `-- ADJOURNMENT Motion by Wimmer, seconded by Peterson, to adjourn the meeting at 8:59 pm. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 8:59 pm. C C C J Mayor City Clerk