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HomeMy WebLinkAboutMinutes - 03/11/2002 - City Council REGULAR MEETING MARCH 11, 2002 The Regular Meeting of the McHenry City Council was called to order by Mayor Althoff, at 7:30 P.M. on Monday, March 11, 2002 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were resent: Bolger, P g Glab, Low, Murgatroyd, Wimmer. Absent: None. City Staff in attendance were: City Administrator Lobaito, City Clerk Jones, City Attorney Cahill, Deputy Chief of Police Donahue, Director Public Works Marcinko, Director Community Development Napolitano and Director Parks and Recreation Merkel. PRESENTATION Jeff Hurckes, President of the McHenry Area Soccer Federation, thanked the City of McHenry for their support of the Federation commending the Parks and Recreation Department for their extraordinary care and upkeep of the fields. Mr. Hurckes presented Alderman Low, Chairman of the Parks and Recreation Committee, with a check in the amount of$5,000. TEN MINUTE PUBLIC INPUT Don Hanrahan, a resident of 3307 W. Bretons Drive, addressed Council noting he has made four written complaints regarding the residents at 3501 Bretons parking on the lawn and blocking the sidewalks with vehicles. He opined no satisfactory resolution has been reached. Mayor Althoff assured Mr. Hanrahan the issue would be researched by Staff. Director of Community Development Napolitano stated he would contact Mr. Hanrahan regarding the status. CONSENT AGENDA Motion by Bolger, seconded by Low, to approve the Consent Agenda as presented: ■ As needed checks: GENERAL FUND AL N' ANN'S COLLECTIBLES 63.90 BASS PRO OUTLET 100.00 ILLINOIS DEPARTMENT OF 614.00 ILLINOIS DEPT OF NATURAL 799.95 ILLINOIS STATE POLICE 114.00 LANG CHEVROLET INC, GARY 61,848.00 MCHENRY COUNTY RECORDER 270.00 MORTON ARBORETUM, THE 70.00 NORTH CENTRAL ILLINOIS S 1,000.00 POSTMASTER MCHENRY IL 862.06 PREFERRED OFFICE FURNITU 4,525.00 SECRETARY OF STATE 244.00 SECRETARY OF STATE/INDEX 10.00 AFLAC 1,294.59 DARE MCHENRY PARENTS ORG 4,409.50 FIRST MIDWEST BANK 3,143.07 FOP UNITS I/II 1,419.00 HOME DEPOT 1,700.56 IMRF 35,276.90 NATIONAL GUARDIAN LIFE I 148.83 NCPERS GROUP LIFE INS. 282.00 RESERVE ACCOUNT 1,200.00 UNITED STATES LIFE INSUR 866.70 WALMART COMMUNITY BRC 297.28 TIF FUND RESERVE ACCOUNT 1,506.80 STREET IMPROVEMENTS FUND March 11, 2002 Page 2 SCHLEEDE HAMPTON ASSOCIA 3,524.00 WATER/SEWER FUND HOME DEPOT 56.48 NORTH SUBURBAN WATER 24.00 RESERVE ACCOUNT 300.00 UNITED STATES LIFE INSUR 145.80 EMPLOYEE INSURANCE FUND HEALTH PLAN MANAGEMENT 17,399.36 RETAINED PERSONNEL ESCROW MCHENRY COUNTY RECORDER 131.00 POLICE PENSION FUND AMCORE BANK NA 222.96 JASON GLOEDE 891.83 GRAND TOTALS 144,756.57 FUND TOTALS GENERAL FUND 120,554.34 TIF FUND 1,506.80 STREET IMPROVEMENTS FUND 3,524.00 WATER/SEWER FUND 526.28 EMPLOYEE INSURANCE FUND 17,399.36 RETAINED PERSONNEL ESCROW 131.00 POLICE PENSION FUND 1,114.79 TOTALS 144,756.57 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR TRANSFER OF CLASS A-14 LIQUOR LICENSE TO DONALD MUSIELAK CHINA LIGHT INC D/B/A CHINA LIGHT RESTAURANT 1266 NORTH GREEN STREET Mayor Althoff stated Donald Musielak, new owner and operator of the China Light Restaurant, doing business at 1266 North Green Street, is requesting the transfer of the Class A-14 liquor license from QuanNon Partnership d/b/a China Light Restaurant to China Light, Inc. d/b/a China Light Restaurant. Mayor Althoff has met with Mr. Musielak and all paperwork is in order and the associated fees have been paid. Motion by Bolger, seconded by Murgatroyd, to approve the transfer of the Class A- 14 liquor license at 1266 North Green Street from Quan/Yon Partnership d/b/a China Light Restaurant to China Light, Inc. d/b/a China Light Restaurant. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. -- Motion carried. REQUEST TO RETAIN CLIFF DILORENZO OF TRKLA PETTIGREW ALLEN & PAYNE INC. FOR PROJECT COORDINATION SERVICES FOR THE MCHENRY RIVERWALK March 11, 2002 Page 3 Mayor Althoff iterated at earlier discussions concerning the potential development of a Riverwalk it was noted Staff does not possess the expertise to coordinate a project of this magnitude. Consequently, it was decided to hire a Project Coordinator to act as an agent for the City to assist in development of the Riverwalk Project from concept to completion. Mayor Althoff noted performing certain evaluations at the early stages of the project would provide the City with useful information to refine the budget for the Riverwalk. Trkla, Pettigrew, Allen & Payne, the planning firm who conducted the feasibility study for the TIF District, is recommending only a preliminary evaluation of existing conditions in the project area including: • Phase I Environmental Study; $1,200 • Soil borings $2,600 • Boundary and topography survey $2,300 City Administrator Lobaito stated the fees quoted are intended to be all inclusive for preparation of the documents indicated and, prior to additional work being performed, Staff would seek Council's authorization. Alderman Low commented she had been favorably impressed with the presentations and information provided by Trkla, Pettigrew, Allen & Payne to date. Alderman Glab expressed concern regarding the TIF District. He stated he has heard from few of the property owners. Responding to Alderman Glab's concerns, Mayor Althoff noted all the property owners within the TIF District as well as those within 750 feet of the TIF District have received notification of the Public Hearing on April 1, 2002. Alderman Bolger stated the firm of Trkla, Pettigrew, Allen & Payne is superbly qualified to coordinate the Riverwalk Project. Motion by Low, seconded by Murgatroyd, to retain Trkla, Pettigrew, Allen & Payne as the Project Coordinator for the TIF District and to accept the Letter of Agreement Proposal as presented. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. POLICY RELATING TO BILLING DISCREPANCIES IN CUSTOMER WATER USAGE Mayor Althoff stated in conjunction with the City's conversion to the new radio read system, some discrepancies have been discovered between the outside meter reader and -� the insider water meter. At the February 11, 2002 Finance and Personnel Committee meeting a policy was established to address the discrepancies. Alderman Murgatroyd explained the policy has been established as a mechanism to March 11, 2002 Page 4 deal with discrepancies in a fair and equitable manner. The policy enables the City Clerk/Collector, and her staff, to adhere to established parameters to address water meter discrepancies as they develop. City Administrator noted an error in the Agenda Supplement, as presented, and requested the text in A(2) of the Agenda Supplement be corrected. • Customers that have occupied the building more than 24-months o When a discrepancy in water usage is discovered between the inside water meter and the outside remote reader, the City will calculate the water usage based on 75% of the difference between the inside water meter reading and the outside remote reader. • Customers that have occupied the building less than 24-months o When a discrepancy in water usage is discovered between the inside water meter and the outside remote reader, the City will calculate the water usage based on the difference between the average monthly water consumption during the period of time the owner occupied the building, and the average monthly water consumption over the next two billing cycles (four months total) after the new water meter was installed. This calculated average monthly water consumption to be multiplied by the number of months the owner has occupied the building. The owner shall then be responsible for -r" 75% of the calculated water consumption. Alderman Glab expressed concern regarding the number of possible discrepancies, due to the age of some meters, which may be encountered in the course of the conversion. Responding to Alderman Glab's concerns regarding the age of water meters throughout the City, Water Superintendent Jon Schmitt stated over 83% of the meters throughout the City are 10-years or less. Discussion ensued regarding establishment of the policy. Alderman Glab stated he questions the propriety of collecting money owed to the City over a period of years. Responding to Alderman Glab's inquiry, City Attorney Cahill stated she would thoroughly research the Statute involving collection of a debt. City Administrator Lobaito noted water rates are based upon an audited number, the amount of water pumped and the usage. He opined the percentage of accounts experiencing problems is minor. Motion by Murgatroyd, seconded by Low, to adopt a policy to address billing discrepancies in water/sewer customer usage, as follows: • Customers that have occupied the building more than 24-months o When a discrepancy in water usage is discovered between the inside water meter and the outside remote reader, the City will calculate the water usage based on 75% of the difference between the inside water meter reading and the outside remote reader. • Customers that have occupied the building less than 24-months o When a discrepancy in water usage is discovered between the inside water meter and the outside remote reader, the City will calculate the water usage March 11, 2002 Page 5 _ based on the difference between the average monthly water consumption during the period of time the owner occupied the building, and the average monthly water consumption over the next two billing cycles (four months total) after the new water meter was installed. This calculated average monthly water consumption to be multiplied by the number of months the owner has occupied the building. The owner shall then be responsible for 75% of the calculated water consumption. Voting Aye: Bolger, Low, Murgatroyd and Wimmer. Voting Nay: Glab. Absent: None. Motion carried. Mayor Althoff stated the policy will come back to Council for formal action in the form of a Resolution. AWARD OF BID FOR PARKS AND RECREATION DEPARTMENT SEASONAL PROGRAM BROCHURES TO CASTLE-PRINTECH Director Parks and Recreation Merkel noted bid specifications were prepared and bids sought and opened on February 22, 2002. The lowest qualified bidder was Castle- Printech of DeKalb, Illinois in an amount of $13,100 for the 15,500 Parks and Recreation Brochures to be published in the Summer, Fall, and Winter/Spring. Staff is seeking Council's approval to award the bid of seasonal program brochures for the Parks and Recreation Department to Castle-Printech, in an amount not to exceed $13,100. Responding to Alderman Lows inquiry, Director of Parks and Recreation Merkel noted nine bids were mailed out and four responded. Bid Notice was published in the Northwest Herald. Motion by Low, seconded by Glab, to award the bid for Parks and Recreation Department seasonal program brochures for the 2002-2003 Fiscal Year to Castle-Printech, for the thrice-annual printing of 15,500 seasonal brochures, in an amount not to exceed $13,100. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None Absent: None. Motion carried. FEASIBILITY STUDY RELATING TO A JOINT RECREATION FACILITY BETWEEN THE CITY OF MCHENRY AND THE MCHENRY COUNTY YMCA Mayor Althoff stated discussions with the local YMCA have progressed well regarding a potential joint partnership to provide a recreational center to the McHenry community area. Mayor Althoff noted the next step in the process is authorization of funds to conduct a feasibility study to determine the potential donation level anticipated from the community and to establish financial needs. A study of this type is required before any March 11, 2002 Page 6 discussion concerning the size of the building ascertained. Mayor Althoff informed Council, Campaign Consultants of America, Inc. has been chosen to conduct the feasibility study. The City would be responsible for payment of 50% of the total amount of the study. It has been determined the study will not exceed $10,000 and will include completion of soil borings and a report on the proposed site, west of the Municipal Center. Responding to Alderman Murgatroyd's inquiry, City Administrator Lobaito stated there is not a specific line item, at this time, dealing with expenditures on behalf of the proposed Recreation Center. Alderman Murgatroyd suggested as the project moves forward funding issues should be addressed. Motion by Murgatroyd, seconded by Wimmer, to authorize funding a Financial Feasibility Study, to determine the fundraising potential within the McHenry area for the development of a joint recreational facility between the City of McHenry and the McHenry County YMCA, up to 50%, in an amount not-to-exceed $10,000. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. --� Absent: None. Motion carried. THIRD-PARTY PLAN REVIEW SERVICES TO BUILDING PERMIT APPLICANTS - B & F TECHNICAL SERVICE Mayor Althoff reminded Council at its January 30, 2002 meeting, the Community Development Committee recommended to Council to offer the use of an outside consultant to perform building permit plan reviews. The service was initiated in response to a shortage of Staff. Mayor Althoff noted community response to the service has been positive and as a result the Committee is recommending Council authorize continuation of the service to those individuals interested in having their plans reviewed more rapidly then Staff can address. She stated the cost of the service is passed on to those individuals utilizing the service. Alderman Wimmer commended Director of Community Development Napolitano for addressing this matter, prior to the busy season when review times are at peak. Responding to an inquiry Director Napolitano noted Staff has been pleased with the quality and level of service, which has been provided by B & F Technical Service. He explained the service is offered as an option to the customer. Should the customer choose not to incur the cost of the service, the application follows the normal review process of the --� City of McHenry. Motion by Low, seconded by Murgatroyd, to authorize the Community Development Department to offer plan review service performed by B & F Technical Services, as an option to customers, with the costs incurred to be paid as part of the building permitting March 11, 2002 Page 7 process. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR AUTHORIZATION TO CONDUCT A PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS FOR VARIOUS TEXT AMENDMENTS TO THE ZONING ORDINANCE Mayor Althoff informed Council at its January 30, 2002 meeting, the Community Development Committee recommended to Council various text amendments to the Zoning Ordinance, which were identified by Staff as containing inconsistencies between sections in the Zoning Ordinance and the Municipal Code. In order to effect the ordinance amendments, a Public Hearing must be held before the Zoning Board of Appeals, appropriate paperwork must be drafted, and public notice provided of the proposed changes. Staff is requesting Council direction to proceed with all preparations necessary to conduct the Public Hearing. Motion by Glab, seconded by Wimmer, to direct Staff to prepare all necessary paperwork, to provide public notice and to authorize the Zoning Board of Appeals to conduct a Public Hearing for various text amendments to the City of McHenry Zoning Ordinance. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None. Absent: None. Motion carried. IMPLEMENTATION OF AN ADMINISTRATIVE ADJUDICATION PROCESS Mayor Althoff reminded Council of previous discussions regarding implementation of an adjudication process. Summarizing the Administrative Adjudication process, City Administrator Lobaito stated its main purpose is to expedite the handling of nuisance complaints in the City. If a violation is found to exist, a property owner is ticketed and given a date to appear before a Hearing Officer appointed by the Mayor. The Hearing Office presides over, hears testimony and accepts evidence relevant to the code violation. Based on the information received, the Hearing Officer will make a determination and levy an appropriate fine. City Administrator Lobaito advised the entire process is accomplished at one hearing, noting the process allows a hearing to proceed even if a defendant fails to appear on the hearing date. Continuances are granted only in extraordinary circumstances. In response to Alderman Murgatroyd's inquiry regarding the effect of the project on the current budget, Mayor Althoff stated April 1, 2002 is the anticipated starting date of the project, with the appointed Hearing Officer hearing cases the end of April or beginning of March 11, 2002 Page 8 May. Costs would not be incurred until the new fiscal year Budget. It is anticipated the cost of the project would be underwritten by the fees imposed related to code violations. Motion by Bolger, seconded by Glab, to approve an ordinance establishing a Code Hearing Department and implementing an Administrative Adjudication Process in the City of McHenry, effective April 1, 2002. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None. Absent: None. Motion carried. ENGINEERING SERVICES AGREEMENT FOR A TRAFFIC SIGNAL AT CRYSTAL LAKE ROAD AND WINDING CREEK DRIVE—SMITH ENGINEERING CONSULTANTS Mayor Althoff informed Council at its July 30, 2001 meeting, the Public Works Committee unanimously recommended that a traffic study be performed at the intersection of Crystal Lake Road and Winding Creek Drive to determine the need for a traffic signal or caution light at this intersection. Smith Engineering Consultants, Inc. performed a traffic study at this intersection. The proposed Engineering Services Agreement would provide for Smith Engineering Consultants overseeing the installation of roadway improvements and traffic signal at this intersection. Mayor Althoff noted receipt of a letter from the Riverwood Parent Teacher Organization expressing their appreciation of the efforts of the Public Works Committee for progressing on the project and encouraging Council to pursue the installation of a light at this intersection expeditiously. Mayor Althoff stated the cover letter was received in conjunction with over 150 documents signed by parents expressing their appreciation. Mayor Althoff opined the tentative timeframe for construction of the signal is August 2003. Motion by Bolger, seconded by Glab, to approve an Engineering Service Agreement for roadway improvements and traffic signal installation at the intersection of Winding Creek Drive and Crystal Lake Road with Smith Engineering Consultants, in an amount not to exceed $39,190.60. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None. Absent: None. Motion carried. MAYOR - STATEMENT AND REPORT Mayor Althoff stated a meeting has been scheduled on Tuesday, March 12, 2002 at 1:00 p.m., with Meyer Material representatives, to review dianne turnball's objections and concerns and to pursue some of the concerns mentioned at the Committee of the Whole Meeting held on March 7, 2002. Council will be kept apprised of the outcome of the meeting. March 11, 2002 Page 9 Mayor Althoff informed Council the paperwork relating to the $200,000 Federal �-- Grant for the Riverwalk project was received from Senator Durbin's office and is being filled out by Director of Community Development Napolitano. Once the Grant paperwork is filed the funds should be forthcoming. Mayor Althoff advised Council notification to all property owners and residents located within the TIF District and within a 750-foot radius of the TIF District were mailed and received by most of the individuals either Thursday or Friday last week. COMMITTEE REPORTS Alderman Murgatroyd scheduled Finance and Personnel Committee meetings for the purpose of final budget discussions on the following dates: • Wednesday, March 20, 2002 at 7:00 p.m. • Wednesday, March 27, 2002 at 7:00 p.m. Alderman Bolger advised Council the Public Works Committee met on February 18, 2002. He informed Council the Central Wastewater Treatment Plant and South Wastewater Treatment Plant were discussed. The recommendation of the Committee was to move forward with the engineering for the expansion of the South Wastewater Treatment Plant for 2002/2003 Budget, with construction of the plant expansion to take place in 2003/2004. Alderman Wimmer requested the Community Development Committee scheduled a meeting at 3:30 p.m. on April 4, 2002 to discuss the following items: • Building Permit Fees; • Vehicle Stickers; • Lot Coverage; and • Restaurant Parking DEPARTMENT HEAD REPORTS Director of Public Works Marcinko stated prices have been obtained from ComEd for burial of the ComEd power lines on the western side of Millstream from Maple Avenue to the creek. Details will be brought before the Public Works Committee on March 18, 2002 at 6:30 p.m. in the Aldermen Conference Room. Director of Parks and Recreation Merkel reminded Council there is a Parks and Recreation Committee meeting scheduled on Wednesday, March 13, 2002 at 7:15 p.m. in the Aldermen Conference Room. Director Merkel noted Staff is meeting with representatives of the YMCA on Wednesday, March 13, 2002 at 6:00 p.m. in the Aldermen Conference Room. City Administrator Lobaito informed Council letters have been mailed to all political candidates regarding removal of campaign signs from the right-of-way. He advised �.. Council two City employees would be out on Saturday, March 16, 2002, removing all signs from the right-of-way. March 11, 2002 Page 10 NEW BUSINESS Motion by Glab, that Council be kept apprised of any water meter discrepancies over the amount of$500. Motion died for lack of a second. Responding to Alderman Glab inquiry regarding overall development on a lot, Director of Community Development Napolitano stated research is being conducted on the lot coverage issue and will be presented to Council upon completion. ADJOURNMENT Motion by Low, seconded by Glab, to adjourn the meeting at 8:49 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None Absent: None Motion carried. The Meeting was adjourned at 8:49 p.m. -- MAY / CITY CL 7/ ,'