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HomeMy WebLinkAboutMinutes - 10/11/2004 - City Council REGULAR MEETING OCTOBER 11, 2004 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, October 11, 2004 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson and Condon. Absent: None. City Staff in attendance were: City Administrator Maxeiner, City Attorney Shepley, City Clerk Jones, Chief of Police O'Meara, Director of Parks and Recreation Merkel, Director of Community Development Napolitano, Director of Public Works Marcinko, Director of Finance Kline. Absent: City Attorney McArdle. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Motion by Bolger, seconded by Condon, to approve the Consent Agenda as presented: A. Request from Landmark Community Organization for use of City streets for Annual Harvest Festival Hayride, Friday, October 22, 2004; B. Request to connect to Police Alarm Panel: a. Verlo Mattress, 3710 West Elm Street; C. City Council Meeting Minutes: a. June 14, 2004 regularly scheduled Council Meeting; D. List of As-Needed Checks: AFLAC 1, 642.00 ALZHEIMERS ASSOCIATION 50.00 APWA 90.00 FIRST MIDWEST BANK 21.62 FOP UNITS I/II 1,666.50 FREEMAN, RYAN 150.00 GOVERNMENT FINANCE OFFIC 38.07 HOME DEPOT/GECF 118,00 ILLIN015 STATE POLICE 50.00 IMRF 45,936.54 JONES, JOHN 127.11 LANDMARK FORD 40,316.00 LEADERSHIP GREATER MCHEN 25.00 LEVERNIER ENTERPRISES IN 7,954.06 MCHENRY COMMUNITY HIGH S 331.50 MCHENRY SAVINGS BANK 210,000.00 MCPOA 706.10 NATIONAL GUARDIAN LIFE I 123.83 NCPERS GROUP LIFE INS. 267.00 PECHOUS, ROGER 139.63 PETTY CASH FUND 181.07 POSTMASTER MCHENRY IL• 765.00 RAR COMMUNICATIONS INC 735.00 SECRETARY OF STATE 80.00 October 11, 2004 Page 2 SSMG 410.98 UNITED PARCEL SERVICE 87.66 �a UNITED STATES LIFE INSUR 1,015.20 UNITED WAY OF MCHENRY CO 1015.00 UNIVERSITY OF ILLINOIS 300.00 WALMART COMMUNITY BRC 936.77 MOTOR FUEL TAX FUND PAYNE & DOLAN INC 46,972.96 TIE FUND LEVERNIER ENTERPRISES IN 16,580.28 RECREATION CENTER FUND MCHENRY SAVINGS BANK 125,000.00 CAPITAL IMPROVEMENTS FUND MEIER & SONS FENCE MFG, 3,300.00 WATER/SEWER FUND PETTY CASH FUND 15.00 UNITED STATES LIFE INSUR 153.90 BOND RESERVE FUND MCHENRY SAVINGS BANK 310,000.00 EMPLOYEE INSURANCE FUND BENEFIT SYSTEMS & SERVIC 20,316.49 INFORMATION TECHNOLOGY FUND BORDERS INC 79.92 FIRST MIDWEST BANK 125.00 GRAND TOTALS 836,913.19 FUND TOTALS GENERAL FUND 314,369.64 MOTOR FUEL TAX FUND 46,972.96 TIE FUND 16,580.28 RECREATION CENTER FUND 125,000.00 CAPITAL IMPROVEMENTS FUND 3,300.00 WATER/SEWER FUND 168.90 BOND RESERVE FUND 310,000.00 EMPLOYEE INSURANCE FUND 20,316.49 INFORMATION TECHNOLOGY FUND 204.92 TOTALS 886,913.19 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR SIGN VARIANCE FOR TEMPORARY SANNBR - ANGELUS RETIREMENT COMMUNITY, 3300 CHARLES MILLER ROAD -- Director of Community Development Napolitano informed Council that Applicant, Joyce Harrison, Community Relations Director for the Angelus Retirement Community October 11, 2004 Page 3 East, located at 3300 Charles Miller Road, has requested approval to install a 5-foot by 29 foot, 145 square foot, banner on the south fagade of the building to advertise the opening of the facility. He noted the tentative opening date is December 15, 2004. Ms. Harrison has indicated they would like to advertise that units are available for rental. Director Napolitano stated the City's sign regulations allow a temporary sign with a maximum size of 32-square feet and maximum display period of 30-days per occurrence, and up to 60-days per calendar year. Director Napolitano indicated that Staff has no concerns with the request. The size of the banner is appropriate given the size of the building and the distance of the building from the road. Due to the length of time the building has been vacant, Staff opined it is reasonable to allow the requested banner for an extended period of time so the general public is aware the facility will now be open and available for rental. Staff recommends Council approve the 145 sf. banner and display of the banner until June 1, 2005. Alderman Glob expressed concern regarding the length of time the banner would be displayed. Motion by Peterson, seconded by Bolger, to accept Staff s recommendation to approve the installation of a 5-foot by 29 foot, 145 square foot banner, on the south facade of the premises, located at 3300 Charles Miller Road, to be displayed until June 1, 2005. Voting Aye: Bolger, Glob, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ORDINANCE ANNEXING HUNTERVILLE SUBDMSION (LESS ONE PARCEL) TO THE CITY OF MCHENRY City Administrator Maxeiner stated that the City and residents of the Huntersville Park Subdivision have been working for several years to annex the subdivision to the City of McHenry in an effort to get City utilities for water and sewer to the area. Efforts have progressed to the point where the Circuit Court of the 191' Judicial Circuit has requested that the question of annexation be presented to the McHenry City Council for consideration and final action. City Administrator Maxeiner indicated the Petition for Annexation is complete with the exception of 3011 Mourine Lane. Owners of that property have effectively avoided being served notice. Consequently, the property has been removed from the Petition. City Administrator Maxeiner noted that the property at 3011 Mourine Lane would be completely surrounded by the City following annexation of the remaining subdivision and could be forcibly annexed at a later date. --� City Administrator Maxeiner stated a Public Hearing is not required for the October 11, 2004 Page 4 annexation due to the process followed through the Court system. Likewise a Public -� Hearing for the zoning of the property is not required as it assumes the zoning classification for the smallest lot within the annexed territory, which is RS-4. City Administrator informed Council that despite the lack of a Public Hearing a letter has been sent to each of the residents of the subdivision advising them of the consideration of the annexation of the Huntersville Park Subdivision on tonight's agenda.. The City Attorney outlined the remaining process for annexation and the establishment of a Special Service Area as follows: • Annexation Ordinance is approved by Council _ • Annexation Ordinance is filed with the offices of the County Recorder of Deeds and the County Clerk. Notice is also sent by registered mail to the McHenry Township Highway Commissioner and the McHenry Post Office + Notice is published in the Northwest Herald of Council's intention to annex Lot 16 in the subdivision • Council approves an Ordinance annexing Lot 16 Lot 16 Annexation Ordinance is filed with the offices of the County Recorder of Deeds and the County Clerk. Notice is also sent by registered mail to the McHenry Township Highway Commissioner and the McHenry Post Office • Council approves an Ordinance proposing to establish a Special Service Area for the subdivision. The Ordinance must include the cost of the improvements, the nature of the improvements, the rate to be levied, the length of the levy, and the date of the Public Hearing on the SSA. • Notice is published regarding the SSA in the Northwest Herald and notice is mailed to all properties within the SSA • Public Hearing is held on the establishment of the SSA • Council passes an Ordinance establishing the SSA and levy • The Ordinance is recorded together with a map of the SSA boundaries with the offices of the County Recorder and the County Clerk, City Administrator Maxeiner noted that the Annexation Ordinance makes the annexation contingent upon the approval of a Special Service Area by June 1, 2005. City Administrator Maxeiner recognized Judy Mueller for her efforts and cooperation during the annexation negotiation process. Responding to an inquiry by Alderman Peterson, City Administrator Maxeiner stated the SSA is based on the value of each property. City Attorney Shepley explained a separate Public Hearing would take place regarding the SSA. Alderman Glab expressed concern regarding the structural integrity of the existing roadways in the subdivision. Director of Public Works Marcinko informed Council, within the last four years, the County has resurfaced all the roads in the subdivision. October 11, 2004 Page 5 Motion by Wimmer, seconded by Murgatroyd, to accept Staffs recommendation to approve an Ordinance annexing the Huntersville Park Subdivision to the City of McHenry, as depicted on the Plat of Annexation. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. AMENDMENT TO ELECTED OFFICIAL COMPENSATION City Administrator Maxeiner informed Council that compensation levels for all positions, elected and non-elected, are reviewed periodically for appropriateness. He stated that if adjustments to elected official's salaries are desired they would need to be made prior to November 2004 in order to become effective May 2005. City Administrator Maxeiner noted the City Clerk's salary, for the coming term, has already been approved by Council and set at $400 per month and $75 per meeting attended. City Administrator Maxeinef stated that in 1992 the Mayor's salary was reduced from $15,000 annually to $9,000 annually under Mayor Busse. In 1997 the salary was increased from $9,000 to $12,000 and has remained at $12,000 annually since that time. In 2001, Council approved a $5,000 expense account for the Mayor, in addition to the $12,000 annual salary. Following unanimous recommendation from the Finance and Personnel Committee, Staff proposed an adjustment to the Mayor's salary by returning the salary to the pre-1992 level of $15,000, offset by a reduction of the Mayoral expense account from $5,000 to $2,000. City Administrator Maxeiner noted the demands of the Mayoral position continue to grow as the size of the City increases. The salary should be adjusted to reflect the growth and its added responsibilities. City Administrator Maxeiner informed Council that with the reduction in the expense account, the overall adjustments have no budgetary impact on the City. City Administrator Maxeiner stated, additionally, the Mayor's position handles the duties of Liquor Commissioner. City Administrator Maxeiner noted recently the role has become more active with a variety of businesses moving to McHenry requesting liquor licenses to provide alcohol to their clients. He stated the Mayor meets with each applicant in order to review the requirements of holding a license and to investigate the proposed licensee's qualifications and background. Liquor license violations have become more frequent and constitute a significant commitment of time conducting hearings and providing rulings on alleged violations. Staff proposed, and the Finance and Personnel Committee recommended, a stipend of $1,500 annually for the position of Liquor Commissioner with an additional $200 to be paid per violation hearing. City Administrator Maxeiner indicated this adjustment would have minimal impact upon the City's budget. City Administrator Maxeiner informed Council that the Finance and Personnel October 11, 2004 Page 5 Committee recommended no adjustment to compensation levels for Alderman, last '1- adjusted in 2001. City Administration Maxeiner stated the compensation level for the Treasurer has remained at $1,500 annually since 1981. Due to the Treasurer's involvement in investments and cash management, Staff requested, and the Finance and Personnel Committee supported, an increase from $1,500 annually to $1,800 annually, or $150 monthly. Motion by Condon, seconded by Wimmer, to accept the recommendation of the Finance and Personnel Committee to approve an ordinance establishing the following adjustments in Elected Officials Compensation, effective May 1, 2005: • Mayor $15,000.00 annually • Mayor Reduction of the Mayoral expense account to $2,000 • Liquor Commissioner $ 1,500.00 annually and $200.00 per hoaririg attended • City Clerk $ 400.00 monthly and $75.00 per meeting attended • Treasurer $ 1,800.00 annually Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. -- APPROVAL OF NISRA FISCAL YEAR 2005-2006 MEMBER DISTRICT DUES ALLOCATION AND DRAFT BUDGET Director of Parks and Recreation Merkel informed Council that the City of McHenry has been participating as a member of the Northern Illinois Special Recreation Association (NISRA) since 1993. Annually Council approves the proposed membership dues and the budget for the upcoming fiscal year. Director Merkel stated the Fiscal Year 2005/2006 proposed dues were reviewed at the Board of Trustees meeting on Monday, September 27, 2004. He explained that the NISRA Finance Committee recommended to the Board of Directors and the Board of Trustees that the dues formula be adjusted to the rate of $0.0175 per $100 of EAV for all members in the 2005/2006 Fiscal Year. This rate has been established to put all member districts in the same rate level for their dues contribution. Previously, member districts were paying a variety of rates due to the impact of the tax cap and the different levels of new growth within the communities. Director Merkel noted the average rate applied in the previous fiscal years was $0.0157 per $100 of EAV. Director Merkel informed Council that the passage of Senate Bill 1881 now gives each member the ability to set their individual levy up to a maximum of $0.04 per $100 of EAV, for the purpose of providing recreation programs for residents with special needs. Responding to an inquiry, Director Merkel stated the NISRA Finance Committee has recommended the set levy amount for the 2005/2006 Fiscal Year. They will consider a October 11, 2004 Page 7 revised dues formula to be established for the 2005/g006 Fiscal Year following research of other Special Recreation Associations to determine what formula is used to establish dues other than Equalized Assessed Value (EAV). Motion by Peterson, seconded by Condon, approving the Fiscal Year 2005/2006 NISRA Member District Dues and Budget Draft as follows: FY04fO5 Dues 2003 EAV Rate to apply FY MW Dues . Projected 2004 EAV Projected rate levied To 2003 EAV $81,244 $568,108,099 0.0175 $99,419 $625,487,000 0.0159 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ENGINEERING SERVICES AGREEMENT FOR WATER QUALITY STUDY OF BOONE CREEK— STS CONSULTANTS City Administrator Maxeiner reiterated to Council that the water quality of Boone Creek, from the Fox River to the State Route 120 Bridge, has been a source of concern as the plans for the Riverwalk continue to move forward. He noted improving the quality of the water in the creek would be essential to the success of the Riverwalk. Several methods of improving the water quality have been discussed, including fountains and waterfalls. However, the impact of these improvements cannot be determined without further study and civil engineering analysis. City Administrator Maxeiner stated it is important to ascertain the feasibility of improving the quality of the water in the creek and the price of any improvement prior to committing to the overall project, due to the important role the water quality is to play in the Riverwalk. City Administrator Maxeiner indicated that STS Consultants has provided an engineering services agreement to survey the existing creek, evaluate the impacts on water quality; from the proposed Riverwalk improvements, and develop recommendations for projects designed to improve the quality of water in the creek for both the short term and long term. It was noted the results would be included in both a preliminary report and a final report. STS proposes meeting with both the City of McHenry and the Boone Creek Watershed Alliance to discuss project goals and incorporate any data currently available. Baseline water samples would be taken from the Creek at three areas: • Near the Fox River • Near the State Route 120 Bridge; and • A distance upstream from the Route 120 Bridge. The water would be tested four times in both wet and dry conditions in the fall of IN- 2004 and spring 2005. Field work would also include assessments to better determine the October 11, 2004 Page S creek's natural water quality control characteristics, geomorphology and native vegetation -L options. Staff recommends Council approve an Engineering Services Agreement with STS Consultants, in an amount not-to-exceed $16,000, for civil engineering services. Alderman Murgatroyd stated that in order for the Riverwalk Project to proceed, an evaluation of the water quality of Boone Creek must be ascertained. Alderman Bolger indicated he supports the water study, but opined he was under the impression it was VOA's responsibility. Alderman Glab expressed concern regarding the impact of the Riverwalk to upstream Boone Creek water quality. Alderman Peterson opined that a water quality study at this juncture of the Riverwalk project is premature. Motion by Murgatroyd, seconded by Wimmer, to accept Staffs recommendation to approve an Engineering Services Agreement with STS Consultants for an amount not4o- exceed $16,000 for civil engineering services to complete a water quality study of Boone Creek from the Fox River to the State Route 120 Bridge. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Condon. Voting Nay: Peterson. Absent: None. Motion carried. AGREEMENT WITH MCHENRY COUNTY AND ORDINANCE AUTHORIZING SALE OF SURPLUS PROPERTY BY AUCTION City Clerk Jones informed Council that the McHenry County Purchasing Department is conducting the annual auction on Saturday, October 16, 2004 at the McHenry County Fairground in Woodstock. The City of McHenry has been invited to participate. In order to participate, City Clerk Jones stated Council must approve an ordinance authorizing the sale of surplus municipal property and execution of an Auction Agreement between the City of McHenry and the County of McHenry. City Clerk Jones noted the all departments have been alerted to the auction and instructed to provide a list of items for inclusion in the ordinance. Motion by Murgatroyd, seconded by Condon, to accept Staffs recommendation to authorize the City Clerk's execution of an Auction Agreement between the City of McHenry and the County of McHenry. October 11, 2004 Page 9 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Motion by Bolger, seconded by Wimmer, to accept Staffs recommendation to approve an ordinance authorizing the Sale of Surplus Property. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR—STATEMENT AND REPORT Mayor Low informed Council the official re-opening of Illinois State Route 120 would take place at 8:30 a.m. on October 16, 2004 at Fort McHenry. She commended the business owners along the Route 120 corridor to their patience during the construction process. COMMITTEE REPORTS There were no Committee reports. STAFF REPORTS There were no Staff reports. FUTURE AGENDA ITEMS No future agenda items discussed. EXECUTIVE SESSION: PROPERTY ACQUISITION Motion by Bolger, seconded by Murgatroyd, to adjourn to Executive Session to discuss Property Acquisition at 8:00 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council convened Executive Session at 8:09 p.m. Motion by Wimmer, seconded by Condon, to return to Open Session at 8:29 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. -` Motion carried. October 11, 2004 Page 10 Council went back into Open Session at 8:30 p.m. ADJOURNMENT Motion by Wimmer, seconded by Murgatroyd, to adjourn the meeting at 8:30 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent, None. Motion carried. The Meeting was adjourned at 8:30 p.m. Iz MAYOR ChY CL R i