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HomeMy WebLinkAboutMinutes - 12/01/2003 - City Council REGULAR MEETING DECEMBER 1, 2003 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, December 1, 2003 in the Council Chambers of the Municipal — Center. At roll call the following Aldermen were present: Bolger, Low, Murgatroyd, Wimmer, Peterson and Condon. Absent: Glab. City Staff in attendance were: City Administrator Maxeiner, Assistant Administrator Lockerby, City Attorney McArdle, City Clerk Jones, Director of Public Works Marcinko, Director of Parks and Recreation Merkel, Chief of Police O'Meara, Director of Community Development Napolitano, Director of Finance Kline. Absent: None. PUBLIC HEARING: 2003 TAX LEVY At 7:31 p.m. Mayor Low called to order the Public Hearing regarding the 2003 Tax Levy. Mayor Low inquired if there were questions and/or comments from Council or members of the audience. There were none. In response to Mayor Low's further inquiry, City Clerk Jones stated there had been no written or verbal comments submitted to the Clerk's Office regarding the 2003 Tax Levy. Motion by Murgatroyd, seconded by Glab, to close the Public Hearing regarding the 2003 Tax Levy at 7:32 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Motion by Murgatroyd, seconded by Bolger, to accept Staffs recommendation and pass an ordinance approving a 2003 Tax Levy in the amount of $55,842,968 for Fiscal Year 2003-2004. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. PUBLIC HEARING: SECOND AMENDMENT — SHAMROCK FARMS ANNEXATION AGREEMENT Mayor Low called to order the Public Hearing at 7:33 p.m. regarding the Second Amendment to the Shamrock Farms Annexation Agreement. In attendance was Scott Viger of Kimball Hill Homes, owner and developer of the subject property. Mr. Viger stated Kimball Hill Homes is seeking an amendment to the previously approved annexation agreement in order to clarify the type of homes which would be constructed in Neighborhood 2 of the proposed development. He stated the units would be �. ranch over ranch, which technically does not conform to the Zoning Ordinance definition of townhomes, which were approved for Neighborhood 2 in the annexation agreement. December 1, 2003 Page 2 Director of Community Development Napolitano informed Council the request for clarification of the terms of the annexation agreement is similar to that requested for the Kresswood Trails development in 1999. Noting Kimball Hill is not the developer involved in the original negotiations of the annexation agreement, Director Napolitano stated it is Staffs recommendation to approve the second amendment to the annexation agreement to permit the stacked townhome development in Neighborhood 2 of Shamrock Farms. Alderman Glab recollected the Kresswood Trails amendment was to permit condominium units in the development. He questioned if the Shamrock Farms amendment should likewise be changed to condominiums as opposed to townhomes. Alderman Glab suggested the language/definitions be amended in the City's Zoning Ordinance to prevent this type of misunderstanding in the future. In response to an inquiry from Alderman Murgatroyd, Mr. Viger stated if the stacked ranch models are permitted, there would be greater separation between buildings due to the smaller overall size of the building footprints. In response to Mayor Lows inquiry, there were no comments and/or questions from the audience. City Clerk Jones stated she had received no written or verbal comments regarding this matter in the Clerk's Office. Motion by Glab, seconded by Murgatroyd, to close the Public Hearing regarding the Second Amendment to the Shamrock Farms Annexation Agreement at 7:40 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Motion by Bolger, seconded by Glab, to accept Staffs recommendation to approve an ordinance authorizing the execution of the Second Amendment to the Shamrock Farms Annexation Agreement, subject to the inclusion of language similar to the amendment in the Kresswood Trails Annexation Agreement in 1999. Voting Aye: Bolger, Glab, Low, Peterson, Condon. Voting Nay: Murgatroyd, Wimmer. Absent: None. Motion carried. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Alderman Bolger noted it would be Council's request that traffic signs be installed on Prairie Avenue, regardless of the results of the Traffic Study. December 1, 2003 Page 3 Alderman Glab expressed his concerns regarding the Business Retention Loan Program, noting it is not working the way it was anticipated. He stated he cannot support the Program and would therefore be voting nay on the Consent Agenda. Motion by Murgatroyd, seconded by Peterson, to approve the Consent Agenda as presented: • Authorize Snowplowing Services for Unincorporated Country Club Drive and Feger Subdivisions; • Approve Engineering Services Agreement for Prairie Avenue Traffic Study — Smith Engineering; • Business Retention Loan Program; • CALEA General Order Revisions; • Approve City Council Minutes: o May 19, 2003 regularly scheduled meeting; o September 15, 2003 regularly scheduled meeting; o October 20, 2003 regularly scheduled meeting; o November 10, 2003 regularly scheduled meeting. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. Mayor Low presented a check in the amount of $7,500 to Tony Serritella, owner of West Elm Laundry, an applicant of the Business Retention Loan Program. REQUEST FOR CLASS B LIQUOR LICENSE AND ORDINANCE INCREASING CLASS B LIQUOR LICENSES FROM TWO TO THREE ALDI'S 1742 NORTH RICHMOND ROAD Mayor Low stated Aldi's has requested a Class B Liquor License to permit the retail sale of packaged beer and wine at their store located at 1742 North Richmond Road. Mayor Low stated all appropriate paperwork has been completed, the applicants have been interviewed, and the manager has submitted to fingerprinting as required by ordinance. Mayor Low noted if the request is granted, an ordinance must be passed increasing the number of Class B Liquor Licenses from two to three in the City. Motion by Bolger, seconded by Wimmer, to accept the Mayor's recommendation and to pass an ordinance increasing the number of Class B Liquor Licenses from two to three, and to grant a Class B Liquor License to Aldi's, located at 1742 North Richmond Road, subject to satisfactory fingerprinting results and to all employees involved in the sale of alcoholic beverages attending BASSETT classes. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. December 1, 2003 Page 4 ORDINANCES FOR ABATEMENT OF VARIOUS BOND ISSUES "�- Mayor Low stated the City annually abates property taxes levied to pay the various bonds issued to the City. Taxes must be levied by the County Clerk for the bonds unless ordinances approving the abatement or reduction of the taxes are filed with the County Clerk in conjunction with the annual levy. Staff is recommending the approval of ordinances abating property taxes regarding bonds issued to the City as follows: Series 1997A General Obligation Bonds $368,750.00 Series 1997B General Obligation Bonds $313,250.00 Series 2000A General Obligation Bonds $423,600.00 Series 2000B General Obligation Bonds $320,700.00 Series 2002 General Obligation Bonds $370,312.50 Mayor Low noted the City must also annually pass an ordinance to abate the property taxes due regarding Special Service Area #1A utilized for financing the Shamrock Lane and Route 31 intersection improvements. The amount of this abatement is $25,000. Motion by Murgatroyd, seconded by Glab, to pass and approve ordinances granting the abatement of property taxes regarding the following: Series 1997A General Obligation Bonds $368,750.00 Series 1997B General Obligation Bonds $313,250.00 Series 2000A General Obligation Bonds $423,600.00 , Series 2000B General Obligation Bonds $320,700.00 Series 2002 General Obligation Bonds $370,312.50 Special Service Area #1A $ 25,000.00. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. AWARD OF BID FOR PETERSEN PARK WASHROOM/STORAGE BUILDING PROJECT—CARMICHAEL CONSTRUCTION Director of Parks and Recreation Merkel stated the City sought and opened bids for the Petersen Park Washroom/Utility Extension Project on October 7, 2003. The low bid was submitted by Carmichael Construction in the amount of $139,880. Director Merkel noted the project would be partially funded by a CDBG Grant of $70,446.50. The City will be responsible for the remainder of $69,433.50 which will be paid from the Parks Developer Donation Fund. Motion by Peterson, seconded by Condon, to accept Staffs recommendation to award the bid for the Petersen Park Washroom/Storage Building to Carmichael Construction in an amount not-to-exceed $139,880. — Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. ' Voting Nay: None. Absent: None. Motion carried. December 1, 2003 Page 5 ENGINEERING SERVICES AGREEMENT FOR WATER SYSTEM VULNERABILITY ASSESSMENT— BAXTER AND WOODMAN Director of Public Works Marcinko stated as Council will recall pursuant to September 11, 2001 events, there has been a heightened awareness of vulnerability of the City's water system. The federal government has subsequently required, as a result of June 12, 2002 legislation that an assessment be completed of the City's system. The proposed agreement with Baxter and Woodman in the amount of $15,340 would comply with the new legislation. In response to Alderman Peterson's inquiry, Carl Moon of Baxter and Woodman stated the assessment required by the USEPA, when completed, would provide information as to the system's vulnerability by local vandals. Mr. Moon stated the assessment could be done in-house if Staff could find the time to conduct it. Director Marcinko stated City Staff would not have the time availability to complete the assessment during the required time frame. Some discussion followed regarding the cost and need for the assessment and how the results of the assessment would be implemented. It was noted the results of the assessment must be implemented by June 30, 2004. Alderman Glab, recognizing the amount of time required to conduct the analysis, opined it would be much more economically beneficial to the City to authorize it being completed by a source other than Staff. Motion by Bolger, seconded by Wimmer, to accept Staffs recommendation to approve an Engineering Services Agreement for Water System Vulnerability Assessment with Baxter and Woodman in an amount not-to-exceed $15,340. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Condon Voting Nay: Peterson. Absent: None. Motion carried. ENGINEERING SERVICES AGREEMENT FOR RENOVATION OF WATER PLANT NO. 1 — BAXTER AND WOODMAN Director Marcinko stated Water Plant No. 1, constructed in 1961, was designed to treat and pump water produced from Wells No. 2 and 3. Due to its age and older technology, it is currently pumping at approximately 65% of the two wells' production capacity. It is Staffs recommendation to approve an Engineering Services Agreement with Baxter and Woodman to renovate Water Plant No. 1 in order to upgrade its pumping capacity. The cost of the agreement is in the amount of$56,100. Alderman Murgatroyd stated the renovation of this water plant has been needed for a long time and he was grateful the matter is finally moving forward. Motion by Bolger, seconded by Murgatroyd, to accept Staffs recommendation to approve an Engineering Services Agreement with Baxter and Woodman to renovate Water '� Plant No. 1 in an amount not-to-exceed $56,100. December 1, 2003 Page 6 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon '�- Voting Nay: None. Absent: None. Motion carried. PROPOSED REVISIONS TO CITY CLERK/COLLECTOR POSITION Mayor Low noted the Finance and Personnel Committee, following extensive consideration, discussion and deliberation, is making a recommendation with regard to the City Clerk/Collector Position as follows: 1. disconnection of the Collector's position from the City Clerk's position, effective immediately; 2. approval of amendments to the City organizational chart to reflect the change in City Clerk,duties and responsibilities, effective immediately ; 3. reduction of the City Clerk position to a part-time position including a reduction in job description responsibilities, effective May 1, 2005; 4. establish City Clerk's salary at $400/month plus a $75 per attendance at meetings of the City Council, Committee of the Whole or City Council Committees, effective May 1, 2005; 5. preparation of ordinance providing for amendments to Municipal Code to reflect aforementioned changes. Mayor Low stated the proposed revisions are in no way reflective of current City Clerk Jones' job performance or any of the City's previous City Clerks. The proposed revisions merely reflect the change in times and management of City business, particularly its finances. Alderman Bolger stated the Personnel and Finance Committee could not come to a consensus with regard to the proposed changes to the City Clerk/Collector Position. The Committee therefore decided to send the matter to Council for input and consideration. At the initiation of Alderman Bolger, some discussion followed regarding the separation of the Clerk and Collector positions mid-term. City Administrator Maxeiner clarified although Council may decide to remove the Collector duties from the City Clerk's job description effective immediately, City Attorney McArdle has ruled the present City Clerk's salary cannot be reduced from $54,000 until May 1, 2005. In response to Alderman Glab's inquiry, it was noted the position was listed on the ballot as City Clerk, not City Clerk/Collector. Alderman Murgatroyd explained the background which led to the current discussions regarding the separation of City Clerk and Collector duties. The growth of the City has created the need for a fulltime financial professional to manage City's funds, bonds, grants, and investments on a day-to-day basis. Alderman Murgatroyd reiterated the reduction in City Clerk compensation would not take effect until May 1, 2005. He noted the funding of the Director of Finance position was partially based upon the reduction in the City Clerk salary as the shift in Collector duties — occurred. , Alderman Wimmer stated the proposed changes appear to be in line with what is occurring in other surrounding communities. December 1, 2003 Page 7 Alderman Peterson noted the City has grown tremendously in the past thirty years. The City has an Administration Department and has recently initiated a Finance Department. The proposed changes are appropriate. Alderman Condon, citing the proposed restructuring, stated the proposed changes are similar to other City Clerks' responsibilities and compensation. Alderman Bolger concurred with the need for a Director of Finance, but stated that the Director should perhaps have a dual role and also include City purchasing. Alderman Glab inquired who would be taking minutes of the Planning and Zoning Commission. City Administrator Maxeiner responded the Deputy Clerk currently takes the Planning and Zoning Commission Meeting minutes. A lengthy discussion followed regarding whose responsibility it is to take the minutes of the Planning and Zoning Commission, as well as Committees of Council. Alderman Murgatroyd stated further clarification could be worked out at the Committee level regarding who would be responsible for minute-taking at various meetings. The purpose of the agenda item this evening is to begin the Municipal Code amendment process to separate the duties of the City Clerk and Collector. A lengthy discussion continued regarding the responsibility for the minute-taking at various committees, commission and Council meetings. City Clerk Jones stated for the record she takes full responsibility for the minutes taken by and daily activities of her Deputy Clerk. Motion by Murgatroyd, seconded by Peterson, to accept Staffs recommendation to modify the City Clerk/Collector Position as follows: 1. disconnection of the Collector's position from the City Clerk's position, effective immediately; 2. approval of amendments to the City organizational chart to reflect the change in City Clerk duties and responsibilities, effective immediately ; 3. reduction of the City Clerk position to a part-time position including a reduction in job description responsibilities, effective May 1, 2005; 4. establish City Clerk's salary at $400/month plus a $75 per attendance at meetings of the City Council, Committee of the Whole, or City Council Committees, effective May 1, 2005; 5. preparation of an ordinance providing for amendments to Municipal Code to reflect aforementioned changes. Voting Aye: Low, Wimmer, Murgatroyd, Peterson, Condon. Voting Nay: Bolger, Glab. Absent: None. Motion carried. -... BOUNDARY AGREEMENT BETWEEN THE CITY OF MCHENRY AND THE VILLAGE OF PRAIRIE GROVE City Administrator Maxeiner reminded Council the proposed Boundary Agreement December 1, 2003 Page 8 with the Village of Prairie Grove has been discussed on several occasions. The City is "�- proposing that as indicated on Exhibit B of the Agreement, everything north of the hashed line would be in the City of McHenry while everything south would be in the Village of Prairie Grove. City Administrator Maxeiner noted the Koerber Property would be included within the Prairie Grove Boundary. A clause has been included in the Agreement that when the West McHenry Bypass is constructed, any property north of the bypass would be in the City of McHenry, while any property south of the Bypass would be in Prairie Grove's jurisdiction. City Administrator Maxeiner noted de-annexation language has been included in the agreement if the boundary lines must change when the bypass is constructed. City Administrator Maxeiner stated the Village of Prairie Grove is anxious for the execution of the proposed Agreement. He stated it is Staffs recommendation to approve the proposed agreement as presented. Alderman Bolger opined the Pacini Property should be included within the City of McHenry boundary, especially in light of the many discussions which have occurred regarding the development of this property. Alderman Murgatroyd stated the Koerber Property should remain in Prairie Grove's jurisdiction, as it is not part of the City of McHenry Facility Planning Area, and the property is not contained within McHenry school districts. Alderman Murgatroyd concurred with the boundary lines as shown on Exhibit B of the Agreement. Alderman Bolger stated the school boundary lines should not affect the Prairie ' Grove Boundary Agreement. He further stated the Pacini Property provides a good location for a future Metra Train Station on the south side of McHenry. Alderman Glab inquired as to the benefits of the proposed jurisdictional boundary agreement. He opined the City of McHenry should look at issues more globally as far as the jurisdictional boundaries and transportation gridlock are concerned. Alderman Murgatroyd recalled the only change to the proposed boundary agreement which was previously worked out between the Village of Prairie Grove and McHenry's former Mayor involves the Koerber Property. The Agreement and its boundaries are otherwise substantially the same. Alderman Glab stated it is paramount that the City of McHenry and the Village of Prairie Grove work together towards the development of vacant property within both jurisdictions, particularly as it relates to traffic in the area. Motion by Murgatroyd, seconded by Condon, to accept Staffs recommendation to approve the proposed boundary agreement with the Village of Prairie Grove as presented. Voting Aye: Low, Murgatroyd, Wimmer, Peterson, Condon — Voting Nay: Bolger, Glab. Absent: None. Motion carried. December 1, 2003 Page 9 MAYOR—STATEMENT AND REPORT Mayor Low reported she and City Administrator Maxeiner had met with Metra officials, Mr. Pagano and Mr. Mack, last Monday to view preliminary proposals for Petersen Park pedestrian walkway access. Mayor Low noted copies of the engineering maps have been requested for Council edification. Further discussion will occur once Council has had the opportunity to view the engineering plans. COMMITTEE REPORTS There were no Committee Reports. DEPARTMENT HEAD REPORTS Director of Public Works Marcinko requested a Public Works Committee Meeting be scheduled-for Monday, December 15, 2003 for 6:30 p.m. in the Aldermen's Conference Room. Director of Parks and Recreation Merkel reported the first public meeting regarding the Urban Forestry Project has been scheduled for Tuesday, December 2, 2003 at 7:30 p.m. in the Municipal Center Council Chambers. Director Merkel also announced the tree lighting ceremony will take place, Sunday, December 7, 2003 at Whispering Oaks Park, beginning at 4 p.m. The lighting will occur at approximately 4:45 p.m. He encouraged all to attend. Director of Community Development Napolitano announced a Transportation —" Committee Meeting has been scheduled for Wednesday, December 10, 2003 at 7:30 p.m. to discuss the scope of services for the project. NEW BUSINESS Alderman Bolger stated his distress at the unfortunate statement made by a district judge with regard to the City of McHenry Police Department. He opined the Police Department has done an outstanding job in solving the referenced case. Alderman Glab suggested it might be time to consider taking some of the athletic sports such as youth league and soccer under the City's jurisdiction. He further suggested this matter be discussed at a future Parks and Recreation Committee Meeting. EXECUTIVE SESSION: PENDING LITIGATION Motion by Murgatroyd, seconded by Wimmer, to go into Executive Session to discuss Pending Litigation at 8:45 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 8:50 p.m. Motion by Murgatroyd, seconded by Wimmer, to go back into Open Session at 8:57 p.m. December 1, 2003 Page 10 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. "�- Voting Nay: None. Absent: None. Motion carried. Council went into Open Session at 8:57 p.m. ADJOURNMENT Motion by Wimmer, seconded by Murgatroyd, to adjourn the meeting at 8:58 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. T,he Meeting was adjourned at 8:58 p.m. MAYOR CLER