HomeMy WebLinkAboutMinutes - 10/18/2004 - City Council REGULAR MEETING
OCTOBER 18, 2004
The Regular Meeting of the McHenry City Council was called to order by Mayor Low
at 7:30 P.M. on Monday, October 18, 2004 in the Council Chambers of the Municipal
Center. At roll call the following Aldermen were present: Bolger, Glab, Low, Murgatroyd,
Wimmer and Peterson. Absent: Condon. City Staff in attendance were: City
Administrator Maxeiner, City Attorney McArdle, City Clerk Jones, Chief of Police O'Meara,
Director of Community Development Napolitano, Director of Public Works Marcinko,
Director of Finance Kline. Absent: Director of Parks and Recreation Merkel.
PROCLAMATION: ILLINOIS COMMISSION ON VOLUNTEERISM AND COMMUNITY
SERVICE— MAKE A DIFFERENCE DAY, SATURDAY, OCTOBER 23, 200
Mayor Low announced Make a Difference Day on the fourth Sunday, October 23,
2004. She read the Proclamation into the record announcing that Make a Difference Day
is a day dedicated to community volunteer work.
PROCLAMATION: SNUG HUGS FOR KIDS, NOVEMBER 1-DECEMBER 8. 2004
Mayor Low acknowledged Snug Hugs for Kids as an annual event designed to help
underprivileged children obtain much-need winter clothing and outerwear. Additionally,
she noted this worthwhile Society provides for adoption, foster care, day care, residential
treatment, child and family counseling, research and professional training programs in the
Chicago area and forty counties throughout Illinois.
Mayor Low stated drop boxes would be located at different locations throughout the
Chicago area from November 1, 2004 through December 8, 2004, including Merlin Muffler
& Brake Shop located at 3926 West Elm Street in McHenry. She encouraged donations.
Mayor Low read the Proclamation into the record proclaiming November I'd through
December e, 2004 as Snug Hugs for Kids Days in McHenry.
TEN MINUTE PUBLIC INPUT SESSION
No one signed in to speak during the Ten Minute Public Input Session.
CONSENT AGENDA
Mayor Low requested Council noted a typographical error in Item D, Purchase of
Bulk Rock Salt, State of Illinois Joint Purchasing Program, Agenda Supplement. The
Agenda Supplement should indicate a contract cost of$33.38 rather than $33.30.
Motion by Bolger, seconded by Wimmer, to approve the Consent Agenda as
amended:
A. Ordinance authorizing expansion of existing conditional use permit —
Mobil Oil, 1901 North Richmond Road;
"�- B. Ordinance granting conditional use permit for outdoor storage — SBC,
October 18, 2004
Page 2
Lot 56, Inland Business Park; _
C. Ordinance granting setback variances for property located at
LaRosita, 4650 West Elm Street;
D. Purchase of Bulk Rock Salt - State of Illinois Joint Purchasing
Program;
E. Request to Advertise for Bids. - Traffic Signal/Roadway Lighting for
Ridgeview Drive/Bull Valley Road Intersection;
F. City Council Meeting Minutes:
a. October 4, 2004 regularly scheduled meeting;
G. List of Bills: .
GENERAL FUND
ACE HARDWARE, BJORKMAN'S 1,379.99
ADAMS ENTERPRISES INC, R 155.00
ADAMS OUTDOOR POWER EQUI 19.15
ADAMS STEEL SERVICE INC 71.60
AFTERMATH INC 100.00
ALEXANDER LUMBER CO 148.55
ALL STATES AUCTIONEERS 30.00
AMERICAN CAMP ASSI4 65.15
AMERICAST 339.50
AMOCO OIL CO 13,113.14
ARAMARK WORK APPAREL & U 808.69
ARCH 104.70
ARNET, ALICE 60.38
ARVIDSON & SONS INC, BEN 452.89
AT&T CORP 150.00
B AND H INDUSTRIES 48.00
B&M LAWN CARE 760.00
B&W CONTROL SYSTEMS INTE 20,487.49
BARNES DISTRIBUTION 1,117.59
BAZILEWICH, GREG 82.25
BEVERLY HILTON 660.00
BIRK, JOHN 40.93
BONCOSKY OIL COMPANY 16,107.07
BOTTS WELDING & TRUCK SE 15.50
BRACKEN, RICHARD 4, 500.00
BREMER, CURT 427.50
BRIGHT INSIGHT COMPUTER 990.00
BULL VALLEY BP 33.00
BUSS FORD SALES 216.41
CERTIFIED FLEET SERVICES 345.50
CHAPEL HILL FLORIST INC 85.00
CHICAGO COMMUNICATION SE 618.90
CINTAS CORPORATION #355 562.04
CLIFFORD-WALD 110.11
CMI INC 138.74
COMED 17, 952.00
COMMUNICATIONS REVOLVING 388.25
CONSERV FS 511.25
COOKIE CUTTERS 30.00
COUNTRYSIDE FLOWER SHOP 503.64
CRESCENT ELECTRIC SUPPLY 96.64 .�
CRYSTAL MANOR STABLE 675.00
CURRAN CONTRACTING COMPA 1,318.97
D & J AUTOMOTIVE SUPPLY 665.98
DAWN ENTERPRISES 4,309.00
October 18, 2004
Page 3
DECKER SUPPLY CO INd 703.80
DELISf, PHIL 220.50
DON'S TOWING 25.00
DUECO INC 72.39
DUNN, BRANDIE 60.00
DURA WAX COMPANY INC, TH 332.60
ED'S RENTAL & SALES INC 170.00
EPCO PAINT 28.99
FAMILY FUN 11.95
FAST EDDIES CAR WASH 83.00
FBI NAA 40.00
FISCHER BROS FRESH 2,586.01
FITNESS WHOLESALE 344.73
FLESCH COMPANY INC, GORD 122.85
FOREMAN & COMPANY, JOSEP 242.97.
FOTO FAST 8.75
FOXCROFT MEADOWS INC 1,31 6.01
FRANKLIN, JAMES 252.00
FREUND INTERNATIONAL 136.95
FUNK, PAUL D 185.81
G IMPRESSIONS INC 165.00
GALLS INCORPORATED 280.68
GITZKE, WILLIAM 252.65
GLICK, DEBORAH A 28.11
GLUTH BROS CONSTRUCTION 76,783.00
GREAT LAKES FIRE & SAFET 14.95
GURRIE, LETITIA 55.37
HAINES & COMPANY INC 1,176.75
HARDWARE SERVICE CO 89.36
HARM'S FARM 18.13
HARRIS & ASSOC INC, BRUC 1,425.50
HART, BARBARA 165.00
HAZLETT, JULIE 60.00
HETTERMANN, KATHLEEN 95.83
HOBSON, BILL 31.25
HOHOL, KELLY 14.56
HUEMANN & SONS, JOSEPH H 190.00
HUFFMAN, DAWN 22.88
ICI DULUX PAINT CENTERS 6,027.00
IDENTITY SPORTSWEAR 130.39
ILLINOIS DEPARTMENT OF P 160.00
IN TIME SOLUTIONS INC 299.00
INNOVATIVE PACKAGING INC 10,216.00
INTERSTATE BATTERY SYSTE 66.60
INTRAVARTOLO, TODD . 675.00
IODICE, TRISTA 159.00
JENSEN'S PLUMBING & HEAT 2,100.00
JONES TRAVEL & TOUR 1,100.00
JULIE INC 120.71
JUNGMANN, MARLENE B 403.50
KALE UNIFORMS INC 360.70
KENNEDY HOMES 30.00
KLEAN, KENNETH P 26.85
KROHN LAWN & LANDSCAPE 21,199.93
KUNZER, KATHLEEN 90.75
KUS, TOM 66.00
KUSTOM SIGNALS INC 635.00
LAKESIDE PEST CONTROL SE 85.00
LAW ENFORCEMENT TARGETS 365.00
LEACH ENTERPRISES INC 7.67
October 18, 2004
Page 4
LEONARDI'S FOOD SPECIALT 279.25
LETN PRIMEDIA WORKPLACE 576.00
LEWIS INTERNATIONAL INC 32.00
LOCKER'S FLOWERS 55.00
MALEK, TOMASZ 500,00
MARATHON TOWING 115.00
MARTIN, CHERI 30.00
MARTIN, DOUG 77.10
MCANDREWS PC, THE LAW OF 6,800.00
MCCANN INDUSTRIES INC 42.91
MCHENRY COUNTY CHIEFS OF 36.00
MCHENRY COUNTY COUNCIL 0 48.00
MCHENRY COUNTY SUPPLY IN 669.93
MCHENRY NAPA 1,830.23
MCHENRY. POLICE PENSION F 146,981.11
MEYER JR, DONALD 86.00
MEYER MATERIAL COMPANY 93.96
MID AMERICAN WATER OF WA 142.05
MINUTEMAN PRESS OF MCH 5,625.14
MORRIE AND SONS INC 95.00
NEXTEL COMMUNICATIONS 3,710.86
NICOLET SCENIC TOURS 7,280.00
NICOR GAS 49.58
NORTHERN ILLINOIS POLICE 309.17
NORTHWEST AUTO ELECTRIC 125.00
NORTHWEST ELECTRICAL SUP 111.92
NWBOCA 420.00 _
O'MEARA, THOMAS 150.00
OFFICE DEPOT INC 103.56CR
OLSEN SAFETY EQUIPMENT C 131.80
ORIENTAL TRADING CO INC 289.15
PACK 0 FUN 21.97
PAPROCKI, KRISTINE 88.27
PEPSI-COLA GENL BOT 1,203.85
PERFORMANCE DIESEL 615.00
PETALS & STEMS 80.00
PETERSEN SAND & GRAVEL 141.40
PORTER, DAVID L 16.77
PRECISION SHARPENING 47.60
PRO PLAYER CONSULTANTS I 420.00
PROESEL, JOHN R 127.76
R & S DISTRIBUTORS INC 609.85
RADICOM INC 115.00
RELIABLE MAINTENANCE 130.00
RENT A CENTER 30.00
RESERVE ACCOUNT 1;215.00
RINGWOOD BP 21.00 .
RIVERSIDE ANIMAL CLINIC 50.00
ROC CONSTRUCTION SUPPLY 257.54._-
ROCKFORD MAP PUBLISHERS 233.95
ROGERS, MATT 159.27
RUSHING, RHONDA F LANG- 29.16
SAFETY SYSTEMS CORPORATI - 461.23
SBC 5,819.40
$BC LONG DISTANCE 60.34
SCHATZ, DON 390.00
SCHMIDT, JIM 65.00
SHAKESPEARE'S CHILD ACAD 1,577.50
SHE-AN-I FENCE BUILDERS 5,550.00
October 18, 2004
Page 5
SHERMAN MECHANICAL INC 695.21
SIRCHIE FINGER PRINT LAB 185.74
STAN'S FINANCIAL SERVICE 556.00
STANDARD EQUIPMENT CO 124.30
STANS OFFICE TECHNOLOGIE 570.29
STARCK, DANA 50.00
TAYCO FULFILLMENT 79.93
TERMINAL SUPPLY CO 62.55
THELEN SAND & GRAVEL INC 9,283.99
THOMAS TRUCKING INC, KEN 460.00
THOMPSON ELEVATOR INSPEC 36.00
THREE D DEISGN STUDIO LL 29.51
TRAFFIC CONTROL & PROTEC 1,202.99
TROCKI, TODD A 94.00
TURF PROFESSIONALS EQUIP 568.71
ULTRA STROBE COMMUNICAIT 145.32
UNITED LABORATORIES 280.82
USA ARCHERY NATIONAL OFF 90.00
VANDERSTAPPEN SURVEYING' 805.00
VIRGILS, LAURA L 95.20
WARE, JAMES 22.00
WILLIAMS ELECTRIC SERVIC 175.76
WOOD, ROLAND 28.50
XENCOM 19.95
ZARNOTH BRUSH WORKS INC 278.00
ZMT INC 1,579.16
ZUKOWSKI ROGERS FLOOD & 9,252.00
CIVIL DEFENSE FUND
BRANIFF COMM INC 946.00
AUDIT EXPENSE FUND
BAXTER & WOODMAN 3,340.74
DEVELOPER DONATION FUND
CKW ARCHITECTS 37.60
SCHLEEDE HAMPTON ASSOCIA 709.00
SMITH ENGINEERING CONSUL 2,969.12
THREE D DEISGN STUDIO LL 6,975.00
TIF FUND
HERLIHY MID-CONTINENT CO " 27,594.75
ORR & ASSOCIATES, KATHLE 80.00
VOA ASSOCIATES INC 69,023.86
DEBT SERVICE-1997A FUND
JP MORGAN TRUST COMPANY 132,031.26
HUNTERSVILLE SSA#6
BAXTER & WOODMAN 1,0.39.04
CAPITAL IMPROVEMENTS FUND
ALLIANCE CONTRACTORS INC 10,348.00
BAXTER & WOODMAN 318.21
MCCUAIG HAEGER BOLZ & MC 805.00
SMITH ENGINEERING CONSUL 59,239.87
WATER/SEWER FUND
ACE HARDWARE, BJORKMAN'S 23.0.06
�` ARAMARK WORK APPAREL & U 134.40
October 18, 2004
Page 6
ARCH 41.88
B&W CONTROL SYSTEMS INTE 443.73
BAXTER & WOODMAN 4,287.48
BONCOSKY OIL COMPANY 1,359.66
BOTTS WELDING & TRUCK SE 30.50
CAREY ELECTRIC 673.00
CHEMICAL PUMP SALES AND 649.70
CINTAS CORPORATION #355 371.79
CONED 29, 600.06
CUMMINS NPOWER LLC 177.26
D'ANGELO NATURAL SPRING 42.60
ED'S RENTAL & SALES INC 1,264.16
FAST EDDIES CAR WASH 8.00
FOXCROFT MEADOWS INC 64.56
FREUND INTERNATIONAL 68.98
G IMPRESSIONS INC 30.00
GIBSON TOOLS INC 97.48
HACH COMPANY 587.69
HAGEMEYER NORTH AMERICA 163.04
HERITAGE-CRYSTAL CLEAN 80.38
ILLINOIS SECTION AWWA 50.00
JULIE INC 241.43
KROHN LAWN & LANDSCAPE 2,240.21
KTD INC 78.33
LANG PONTIAC-CADILLAC-SV 26.58
LEWIS INTERNATIONAL INC 18.43
LOCK & KEY SPECIALTY 266.00
MACE, DOUG 32.31
MCHENRY ANALYTICAL WATER 2, 030.00
MCHENRY COUNTY GLASS & 215.00
MCHENRY COUNTY SUPPLY IN 48.60
MCHENRY ELECTRIC & SUVPL 70.00
MCHENRY NAPA 50.75
MCMASTER-CARR SUPPLY CO 3.45
MEYER MATERIAL COMPANY 444.30
MID AMERICAN WATER OF WA 165.00
MIDWEST METER INC 14,881.40
NATIONAL WATERWORKS 4,025.11
NCL OF WISCONSIN INC 480.15
NEXTEL COMMUNICATIONS 219.33
NICOR GAS 704.33
NORTH SUBURBAN WATER 45.00
OCCUPATIONAL FOOTWEAR CO 179.92
OFFICE DEPOT INC 5.56
PETERSEN SAND & GRAVEL 257.56
RESERVE ACCOUNT 285.00
SBC 1,369.13
SETTLERS HILL RDF 10, 655.70
SEVERN TRENT PIPELINE SE 3,256.25
TRADEMARK FENCE CO 745.41
USA BLUEBOOK 367.46
VANDERSTAPPEN SURVEYING 125.00
VIKING CHEMICAL COMPANY 2,629.30
WATER PRODUCTS - AURORA 12,721.93
WATER SOLUTIONS UNLIMITE 2,860.00
WELCH BROS INC 340.00
WHOLESALE DIRECT INC 190.67
ZEE MEDICAL SERVICE CO 75.80
ZEP MANUFACTURING COMPAN 273.62
ZMT INC 70.00
October 18, 2004
Page 7
BOND & INTEREST FUND
JP MORGAN TRUST COMPANY 45,625.00
UTILITY IMPROVEMENTS FUND
B&W CONTROL SYSTEMS INTE 21,800.00
BAXTER & WOODMAN 30,964.71
RISK MANAGEMENT FUND
GALLAGHER RISK MANAGEMEN 100.00
MCH CTY MUNICIPAL RISK M 300,583.00
MCHENRY AUTO BODY CO INC 1,294.28
MORAINE EMERGENCY PHYSIC 169.00
INFORMATION TECHNOLOGY FUND
ARCH 2O.93
CDW GOVERNMENT INC 400.00
CID NET SOFTWARE 3,000.00
GMIS INTERNATIONAL HEADQ 75.00
OFFICE DEPOT INC 844.25
SBC 203.64
STANS OFFICE TECHNOLOGIE 3,194.50
RETAINED PERSONNEL ESCROW
BAXTER & WOODMAN 11,762.63
GARIEPY, SIBYLLE 105.00
SMITH ENGINEERING CONSUL 1,358.95
ZUKOWSKI ROGERS FLOOD & 2,310.00
POLICE PENSION FUND
LASALLE BANK 678.10
GRAND TOTALS 1,289,665.59
FUND TOTALS
GENERAL FUND 446,489.32
CIVIL DEFENSE FUND 946.00
AUDIT EXPENSE FUND 3,340.74
DEVELOPER DONATION FUND 10,690.12
TIF FUND 96,698.61
DEBT SERVICE-1997A FUND 132,031.26
HUNTERSVILLE SSA#6 1,039.04
CAPITAL IMPROVEMENTS FUND 70,711,08
WATER/SEWER FUND 103,150.43
BOND & INTEREST FUND 45,625.00
UTILITY IMPROVEMENTS FUND 52,764.71
RISK MANAGEMENT FUND 302,146.28
INFORMATION TECHNOLOGY-FUND 7,738.32
RETAINED PERSONNEL ESCROW 15,616.58
POLICE PENSION FUND 678.10
TOTALS 1,289,665.59
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson.
Voting Nay: None.
Absent: Condon.
Motion carried.
ti
October 18, 2004
Page 8
ANNUAL TOYS FOR TOTS PARADE/DOWNTOWN CHMSTMAS WALK
Community Projects Coordinator Bill Hobson informed Council that on Sunday,
November 14, 2004 the McHenry Area Jaycees and the Downtown Business Association
(DBA) would be hosting the 17t' Annual Toys for Tots Parade and Downtown Christmas '
Walk at 11:00 a,m.
The parade route would begin on Kane Avenue and proceed north on Green Street,
west on Pearl Street, north on Riverside Drive and east on Broad Street ending at
Veteran's Park. For a period of approximately one hour following conclusion of the
parade, the Jaycees are requesting closure of both Court and Park Streets between Pearl
and Broad Streets, to allow for the parking of motorcycles and disbandment of the parade.
The presentation of toys collected would be made to representatives from the Marine Corp
for distribution to local needy children on behalf of the local Harley Owner's Group.
Additionally, there will be an appearance by Santa Claus in the Gazebo in Veteran's Park
for pictures with children.
Mr. Hobson noted the Downtown Business Association's Christmas Walk would be
held in conjunction with the parade, and would take place on Green Street and Riverside
Drive. Elements the DBA are proposing for Council consideration and approval are:
• Trolley Rides
• Horse and wagon rides
Petting zoo in the McHenry Savings Bank parking lot;
• Pony rides in the vacant lot at the southwest corner of Route 120 and Riverside
Drive.
Additional attractions throughout the day would include Dickens Carolers, McHenry
High School Choral Groups and Bank Ensembles, Frosty the Snowman, Rudolf the Red
Nosed Reindeer, and two Elves.
The DBA is requesting placement of temporary signs similar to those used to-
promote the band concerts and craft shows. The signs would be Iodated as follows:
• Route 31 and Charles Miller Road
• Bull Valley Road and Crystal Lake Road
• Bull Valley Road and Curran Road
• Green Street and Elm Street
• Green Street and Waukegan Road
• Chapel Hill Road and Route 120
• Veteran's Park Entrance
• Knox Park West Entrance
• Route 31 and Pearl Street
• Chapel Hill Road and Lincoln Road
• River Road and Charles Miller Road —
• McCullom Lake Road and Route 31
9 Crystal Lake Road and Lillian Street
October 18, 2004
Page 9
• McCullom Lake Road and Riverside Drive
• Curran Road and Dartmoor Drive
• Riverside Drive and Routs 120 (southwest comer)
• McHenry Savings Bank Route 120 ATM entrance
Mr. Hobson introduced Deb McClaughry, President of the Downtown Business
Association, and Jaime Rohs of the McHenry Jaycees, indicating they were present to
answer any questions from Council.
Motion by Murgatroyd, seconded by Bolger, to accept Staffs recommendation to
approve the following:
• Closure of Court Street and Park Street for approximately one hour following
conclusion of the Toys for Tots Parade;
• Request for temporary use permits for horse and wagon ride, patting zoo and pony
rides; and
• Request for temporary signage at the following locations
o Route 31 and Charles Miller Road
o Bull Valley Road and Crystal Lake Road
o Bull Valley Road and Curran Road
o . Green Street and Elm Street
o Green Street and Waukegan Road.
o Chapel Hill Road and Route 120
o Veteran's Park Entrance
o Knox Park West Entrance
o Route 31 and Pearl Street
o Chapel Hill Road and Lincoln Road
o River Road and Charles Miller Road
o McCullom Lake Road and Route 31
o Crystal Lake Road and Lillian Street
o McCullom Lake Road and Riverside Drive
o Curran Road and Dartmoor Drive
o Riverside Drive and Route 120 (southwest comer)
o McHenry Savings Bank Route 120 ATM entrance
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson.
Voting Nay: None.
Absent: Condon.
Motion carried.
Mayor Low commended the committee for their hard work and organization of the
event.
REQUEST FOR FENCE VARIANCE—3803 WAUKEGAN ROAD
Director of Community Development Napolitano informed Council that Paul
'`-- Rosentreter, of Aronson Fence Co., representing Pam Riter, Applicant and owner of the
October 18, 2004
Page 10
property located at 3803 Waukegan Road, is requesting a variance to allow the installation -�
of a 4-foot high, black ornamental aluminum fence along the Waukegan Road and Main
Street lot lines. He explained that Mrs. Riter's property is a double frontage lot having
frontage on Waukegan Road and Main Street.
The City's fence regulations state that any fence abutting a street right-of-way,
except split rail, must be setback 30-feet from the right-of-way line and be no higher than
42-inches.
Director Napolitano stated that the property's double frontage lot is a unique
circumstance. The Applicant could place the proposed fence at the required 30-foot
setback along both streets, however Staff opined this would distract from the character of
the area. Placing the fence along the sidewalk provides some privacy and security for the
Applicant and would be more in keeping with the character of the traditional downtown
area, where wrought iron and picket fences were the norm in past years. As the residence
located on the subject property is a plaqued landmark home, Staff has consulted with Greg
Lofgren, Chairman of the Landmark Commission. Mr. Lofgren indicated the Landmark
Commission has no concerns with the proposed fence.
Motion by Bolger, seconded by Wimmer, to accept Staffs recommendation to
approve a variance to allow a 4-foot high, ornamental aluminum fence, to be located one
foot inside the sidewalk along Waukegan Road and Main Street of the property located at
3803 Waukegan Road.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson.
Voting Nay: None.
Absent; Condon.
Motion carried.
SUPPLEMENTAL GROUNDWATER PROTECTION ORDINANCE
City Administrator Maxeiner informed Council that in past years the property on
which Fire Station No. 1 of the McHenry Township Fire Protection District (MTFPD) is
located, at the northwest corner of Route 120 and Richmond Road, had once been the site
of a gas station. Over the years leaking fuel tanks contaminated soil at the site and
adjoining properties. Mr. Maxeiner stated that Atlantic Richfield Oil Company (ARCO) has
been working with the Illinois Environmental Protection Agency (IEPA) since 1986 to
address the soil contamination issues. Remediation activities were ceased in 1996 with
the approval of the IEPA. The IEPA is ready to issue a "No Further Remediation
Required" letter to ARCO and the MTFPD, provided Council approves an ordinance
prohibiting groundwater wells in the affected area.
Further, City Administrator Maxeiner explained that in 2002 the MTFPD sent a letter
to the City asking for assistance in getting such an ordinance approved. The item was
placed before the Community Development Committee on June 26, 2002, which
recommended Council approve the ordinance. However, Mark Justen, owner and operator
October 18, 2004
Page 11
of the Justen Funeral Home, objected to the ordinance until such time that his concerns
were addressed by ARCO. Then Mayor Althoff refused to forward the ordinance to
Council for consideration until such time that the affected property owners were satisfied.
City Administrator Maxeiner noted that Mr. Justen and ARCO reached an agreement in
September, effectively removing Mr. Justen's objections to the ordinance.
City Administrator Maxeiner informed Council that ARCO and the MTFPD are again
requesting Council's consideration of an ordinance facilitating a "No Further Remediation
Letter" from the IEPA. The ordinance, prepared by ARCO's attorney, prohibits the use of
groundwater drawn from within the protected area for use as potable water for private or
public uses. He stated the City has no wells within the defined area, nor are there plans to
locate a well in the defined area in the future. Only one known private well is active in the
defined area, and that well is located on the property of the Justen Funeral Home. A
portion of the agreement reached between Mark Justen and ARCO requires ARCO to pay
for the abandonment of the private well on the Justen property.
Fire Chief Wayne Amore addressed Council. He indicated the property was
purchased in 1986 and the MTFPD is anxious to close this outstanding issue and move
forward.
City Administrator Maxeiner noted that final clearance on the contamination issue
would remove one barrier to redevelopment activity on the affected properties. It is in the
best interest of the property owners, as well as the City, to conclude the matter. He stated
-. the City Attorney has reviewed the ordinance and has no concerns.
Motion by Murgatroyd, seconded by Wimmer, to accept Staffs recommendation to
approve a Supplemental Groundwater Protection Ordinance.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson.
Voting Nay: None.
Absent: Condon.
Motion carried.
PROPOSED 2004 TAX LEVY
Finance Director Kline informed Council that each year McHenry corporate
authorities are required to estimate the revenues needed to operate the various functions
of the City. She stated that included in the revenues are those amounts funded through
the property tax. The City must estimate the amounts required for the property tax levy so
that the funds generated through this revenue mechanism would become available during
the 2004/2005 Fiscal Year. Finance Director Kline stated the Levy must be considered
and approved by Council and submitted to the McHenry County Clerk by; the last Tuesday
in December, December 28, 2004.
Finance Director Kline stated the 2004 Levy request is $3,615,502, an increase of
1. 15% over the prior year's extension of $3,143,914. She noted the actual levy extension
October 18, 2004
Page 12
would likely be considerably less following the County Clerk's application of the property -�
tax extension limitation.
Director Kline, responding to an inquiry, stated in the past five years the levy
extension has grown between 5.7% and 8.2%. The average levy in the last three years
has been 7.25%.
Director Kline informed Council that it is critical that the original levy request is
considerably higher than the anticipated levy in order to capture all new growth in the
community, and all property tax revenue the City is entitled to under tax cap legislation.
This is due to the County Clerk, in March 2005, providing the limiting tax extension.
Should the City request exceed the tax extension limitation, the levy amount would be
reduced accordingly. However, if the City's request for the levy extension is below the tax
extension limitation, the City would not have the ability to increase the levy to make up the
difference.
City Administrator Maxeiner stated that because the tax levy estimate shows an
increase of more than 5%, a Public Hearing must be held to meet the requirements of the
Truth in Taxation law. Staff recommends a Public Hearing be scheduled for December 6,
2004 at 7:30 p.m., prior to the Regular City Council meeting. City Administrator Maxeiner
informed Council that notice for the Public Hearing would be posted during the week of
November 22, 2004 through November 29, 2004. —
Motion by Murgatroyd, seconded by Peterson, to accept Staffs recommendation to
approve the proposed 2004 Tax Levy and to recommend that a Public Hearing be
scheduled for December 6, 2004 at 7:30 p.m. prior to the Regular City Council meeting to
meet the requirements of the Truth in Taxation law.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson.
Voting Nay. None.
Absent: Condon.
Motion carried.
MAYOR- STATEMENT AND REPORT
Mayor Low informed Council that the re-opening and ribbon cutting ceremony for
State Route 120 was well attended. She thanked Alderman Wimmer and Alderman
Murgatroyd for their attendance. ,
Mayor Low expressed concern regarding multiple advertising signs posted by
businesses located outside the City limits, which are being erected in the City's public
right-of-way. She requested Staff provide a letter to the businesses in question in an effort
to enlighten them regarding City of McHenry sign ordinance.
COMMITTEE REPORTS
Chairman Alderman Peterson of the Parks and Recreation Committee announced
October 18, 2004
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that a Parks and Recreation Committee meeting is scheduled on November 3, 2004 at
7:00 p.m. in the Aldermen's Conference Room.
STAFF REPORTS
City Clerk Jones requested Council approve a block party request submitted by Ann
Staehle of 1705 Donovan. The request was presented on October 14, 2004 and Mrs.
Staehle is requesting a block party in the Millcreek Subdivision on October 30, 2004 from
4:00 p.m. to 12:00 a.m. Mrs. Staehle is requesting closure of Donovan Street between
Prestwick and Orleans. City Clerk Jones noted that the next City Council meeting is
scheduled for Monday, November 1, 2004, which follows the date of the requested Block
Party.
Motion by Bolger, seconded by Glab, to approve a block party request submitted by
Ann Staehle for the closure of Donovan Street between Prestwick and Orleans Streets on.
October 14, 2004 from 4:00 p.m. to 12:00 a.m.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson.
Voting Nay: None.
Absent: Condon.
Motion carried.
FUTURE AGENDA ITEMS
Alderman Bolger commended Police Chief O'Meara and the Police Department
personnel for action taken following the incident at East Campus on Thursday, October 14,
2004.
ADJOURNMENT
Motion by Wimmer, seconded by Murgatroyd, to adjourn the meeting at 7:49 p.m.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson.
Voting Nay: None.
Absent: Condon.
Motion carried.
The Meeting was adjourned at 7:49 p.m.
MAYOR CRY CLERK