Loading...
HomeMy WebLinkAboutMinutes - 08/02/2004 - City Council REGULAR MEETING AUGUST 2, 2004 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, August 2, 2004 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, Low, Wimmer, Peterson and Condon. Absent: Alderman Murgatroyd. City Staff in attendance were: City Administrator Maxeiner, Assistant Administrator Lockerby, City Attorney McArdle, 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: None. INTRODUCTION: MCHENRY AREA YOUTH COMMISSION PROGRAM COORDINATOR Mayor Low introduced the new Program Coordinator for the McHenry Area Youth Commission, Dawn Schoen. Ms. Schoen stated she assumed her position at the end of April. She noted the Youth Commission was founded in 1988. The goal of the Commission is to provide a positive environment for the community's youth. The participating organizations of the Commission are the Village of Johnsburg, Nunda Township, McHenry Township, City of McHenry, School District 12, School District 15 and School District 156. Ms. Schoen stated the Commission Board of Directors is comprised of representatives from each participating organization. Ms. Schoen provided a brief synopsis of Commission programs, goals and objectives. The most important objective is to find ways to keep youth drug-free. Ms. Schoen announced the McHenry Area Youth Commission's participation in Red Ribbon Week, the last week of October. Red Ribbon Week supports a drug-free community. PRESENTATION: MCHENRY CRIMESTOPPERS Mayor Low introduced Neal Schepler who made a presentation on .behalf of McHenry Area CrimeStoppers. Mr. Schepler, representing the McHenry Area CrimeStoppers Board, stated the mission of the Board is to assist area law enforcement agencies in solving crimes and making the community a safe place in which to live. Mr. Schepler stated two City of McHenry Police Officers work with the CrimeStoppers Board, Sergeant Roger Pechous and Officer Jill Harris. He thanked the officers for their dedication and support. Mr. Schepler also expressed his gratitude to the McHenry community for their continued support. Mr. Schepler presented to Chief of Police O'Meara, Officer Popp and Officer Chako a check in the amount of $1,000 from the McHenry Area CrimeStoppers to be utilized for the City of McHenry Police K-9 Fund. Chief O'Meara, on behalf of the McHenry Police Department, expressed his gratitude to the McHenry Area CrimeStoppers Organization. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Mayor Low stated regarding Consent Agenda Item J. Request for Picnic/Special Use Permit, Alderman Murgatroyd's special use permit was previously approved and his -�„ request is being removed from Picnic/Special Use Permits. Alderman Condon requested Consent Agenda Item I be removed for separate August 2, 2004 Page 2 consideration. Alderman Glab requested Consent Agenda Item J be removed for separate consideration. Alderman Glab also requested clarification regarding Consent Agenda Item A, Semi-Annual Distribution of Developer Donations. He cited the large difference between the City Park's Developer Donation Fees and the school district fees collected, particularly in light of the recent financial crisis in the school districts. City Administrator Maxeiner clarified the Parks Donation Fees is derived on the value of an acre of land in the city. The city needs either the fees or the land in order to be able to expand the parks system to meet the needs of the growing population base. City Administrator Maxeiner stated the school district fees are impact fees for bricks and mortar and purchase of land for the school districts. School district impact fees are periodically reviewed. Motion by Condon, seconded by Murgatroyd, to approve the Consent Agenda as amended: A. Semi-Annual Distribution of Developer Donations; B. Request for Special Event Liquor License, Church of Holy Apostles; C. Request for Special Event Liquor License, St. Paul's Episcopal Church; D. Request to advertise for bids for Street Division Backhoe/Loader and Chipper; E. Resolution authorizing submission of CDBG grant application to McHenry County for extension of municipal utilities to Huntersville Subdivision; F. Ordinance granting variance to allow reduction in required number of parking spaces at 2445-2457 North Richmond Road; G. CALEA—General Order Revisions; H. Award of Bid for the purchase of Palomar Trooper Mobile Computers for Police Department to CDW-G. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CONSENT AGENDA ITEM I: BLOCK PARTY REQUESTS Motion by Murgatroyd, seconded by Wimmer, to approve the Block Party Requests as submitted: 1. Saturday, August 28"', Laurie Schachtner—Trails of Winding Creek 2. Saturday, August 28 h, Geri Condon— Park Ridge Estates 3. Saturday, August 2e, Karen Knutson— Boone Creek 4. Saturday, September 11"', Gina Bilinski —Trails of Winding Creek. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson. Voting Nay: None. Absent: None. _ Abstain: Condon. Motion carried. r August 2, 2004 Page 3 CONSENT AGENDA ITEM J: PICNIC/SPECIAL USE PERMIT REQUESTS Motion by Peterson, seconded by Wimmer, to approve the Picnic/Special Use Permits as amended. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. REQUEST FOR TRANSFER OF CLASS B-3 LIQUOR LICENSE TO WHITE HEN_ PANTRY, 3008 WEST ELM STREET Mayor Low stated the Class B-3 Liquor License Owner has changed from Cindi Jablonski to White Hen Pantry Inc. Ms. Jablonski is no longer franchise owner of the local White Hen Pantry located at 3008 West Elm Street. A request to transfer the liquor license to the corporation has been received by the City. Mayor Low stated it is her recommendation to transfer the B-3 Liquor License to White Hen Pantry Inc. subject to all White Hen Pantry McHenry store employees involved in the sale of alcoholic beverages completing the BASSETT training. Motion by Bolger, seconded by Peterson, to accept the Mayor's recommendation to transfer the B-3 Liquor License to White Hen Pantry Inc d//b/a White Hen Pantry, subject to all White Hen Pantry McHenry store employees involved in the sale of alcoholic beverages completing the BASSETT training. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW A MOTOR VEHICLE REPAIR SHOP, 913 NORTH FRONT STREET Director of Community Development Napolitano stated the applicant is requesting a conditional use permit to allow the operation of a motor vehicle repair facility at 913 North Front Street. Director Napolitano noted there would be no outside storage associated with the use. The applicant has agreed to the following conditions, should the conditional use permit be granted: 1. All motor vehicle repairs shall be conducted within the building; 2. There shall be no outside storage on the premises, including vehicle storage; 3. At least four parking spaces shall be striped on the west side of the building, prior to issuance of an occupancy permit; 4. The lot shall be paved prior to occupancy; 5. Four planters shall be placed in front of the building prior to issuance of an occupancy permit; 6. Shrubs shall be placed along the south property line in the green space indicated .� on Exhibit A, subject to the engineering feasibility dealing with space constraints of constructing a curbed area at that location; 7. Fencing shall be installed as indicated on Exhibit A, provided by the applicant; August 2, 2004 Page 4 8. Signage on the site shall not include a monument sign which would limit sight line visibility; 9. Down lighting shall be utilized to illuminate the rear yard of the property; 10.Exhibit A shall be incorporated as a part of the ordinance. Director Napolitano reported the Planning and Zoning Commission at a Public Hearing on July 15, 2004 unanimously recommended approval subject to the above- referenced conditions. Alderman Glab requested the conditions recommended by the Planning and Zoning Commission be incorporated into the ordinance granting the conditional use permit. Motion by Bolger, seconded by Murgatroyd, to accept the unanimous recommendation of the Planning and Zoning Commission, to direct Staff to prepare an ordinance granting a conditional use permit to allow the operation of a motor vehicle repair facility at 913 North Front Street subject to the following conditions: 1. All motor vehicle repairs shall be conducted within the building; 2. There shall be no outside storage on the premises, including vehicle storage; 3. At least four parking spaces shall be striped on the west side of the building, prior to issuance of an occupancy permit; 4. The lot shall be paved prior to occupancy; 5. Four planters shall be placed in front of the building prior to issuance of an occupancy permit; 6. Shrubs shall be placed along the south property line in the green space indicated on Exhibit A, subject to the engineering feasibility dealing with space constraints of constructing a curbed area at that location; 7. Fencing shall be installed as indicated on Exhibit A, provided by the applicant; 8. Signage on the site shall not include a monument sign which would limit sight line visibility; 9. Down lighting shall be utilized to illuminate the rear yard of the property; 10.Exhibit A shall be incorporated as a part of the ordinance. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ORDINANCE GRANTING CONDITIONAL USE PERMIT FOR CREDIT UNION, 4117 SHAMROCK LANE Director Napolitano reminded Council this matter was presented to Council for consideration on June 21, 2004. At that time the motion was to direct Staff to prepare an ordinance granting the conditional use permit by a 4-2 vote. At the July 7, 2004 regularly scheduled meeting, the ordinance was presented.for a vote. However, the ordinance did not receive the mandatory four affirmative votes. Director Napolitano stated the ordinance is being brought back to Council for consideration this evening. August 2, 2004 Page 5 Motion by Murgatroyd, seconded by Peterson, to pass and approve an ordinance granting a conditional use permit to allow a credit union facility at 4117 Shamrock Lane. Voting Aye: Bolger, Glab, Low, Peterson Voting Nay: Murgatroyd, Wimmer, Condon. Absent: None. Motion carried. ORDINANCE APPROVING FINAL PLAT OF SUBDIVISION, LIBERTY TRAILS UNIT II Director Napolitano reminded Council at its July 19, 2004 regularly scheduled meeting, the Liberty Trails Unit II Final Plat was approved by a 6-1 vote. Council directed Staff to prepare an ordinance granting final plat approval. Alderman Glab stated without the connection to Chapel Hill Road, the proposal is a pleasant subdivision. He stated he would not support the final plat due to the walkway which will create pedestrian congestion for the homeowners. Motion by Wimmer, seconded by Peterson, to pass and approve an ordinance granting approval of Liberty Trails Unit II Final Plat. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson. Voting Nay: Glab. Abstain: Condon. Absent: None. Motion carried. ORDINANCE GRANTING VARIANCE AT NORTHWEST CORNER OF BULL VALLEY ROAD/ROUTE 31 — PACINI GROUP Mayor Low stated this matter was previously discussed by Council at its July 19M regularly scheduled meeting, at which time Council directed Staff to prepare an ordinance granting approval of the requested variance. Alderman Glab noted if the variance is not granted, the developer will not be willing to extend Dartmoor Drive through this property as requested by the City. He stated he would not support the variance. Motion by Bolger, seconded by Condon, to pass and approve an ordinance granting a variance from the Subdivision Control and Development Ordinance Section T-4.7 Storm water Runoff Storage (Detention) Basin Design, Paragraph B-4 to allow a 2:1 slope for a horizontal distance of ten feet for the area one foot above the normal water elevation and a 4:1 side slope above this elevation, to the Pacini Group, for their property located at the northwest corner of the intersection of Bull Valley Road and Route 31. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. August 2, 2004 Page 6 RNERWALK DESIGN PLAN Mayor Low reported an open house was held this afternoon in the Municipal Center Lobby, providing the public with information, renderings, and displays of the Riverwalk Design Plan. Mayor Low acknowledged Michael Emerson of VOA Associates, Riverwalk Design Planner who was in attendance. Mr. Emerson addressed Council providing a progress report of the Riverwalk Design Plan process. He noted several meetings, work sessions, and open houses have been held in order to receive input from Staff, elected officials and members of the community. The process is proof of shared authorship of the Riverwalk Design. Mr. Emerson likened the Fox River and Boone Creek to city street frontage in the downtown which is being developed. The Riverwalk is creating a "sidewalk" along the river and creek. Mr. Emerson noted the Riverwalk is defined by three zones: The Historic Zone—from Route 120 to Green Street The Residential Zone—from Green Street to the mouth of the Fox River The Commercial Zone—from mouth of Boone Creek at Fox River to Weber Park. Mr. Emerson provided an overview of the prominent features and purpose of each zone. Mr. Emerson noted when the Riverwalk is completed it will: Build upon McHenry's tradition and history Create a new image for the City as it is viewed from the water Revitalize the downtown areas Re-establish McHenry as the gateway to the Chain of Lakes Provide the basis for redevelopment opportunities. Through the use of a power point presentation, Mr. Emerson demonstrated a pictorial view of proposed Riverwalk features. He noted in every instance efforts are being made to increase the value of the riverfront and utilize existing features to make the Riverwalk unique to McHenry. It is anticipated Miller's Point will be the heart of the Riverwalk. Mr. Emerson encouraged Council to view the Riverwalk model on display in the Municipal Center lobby. Mayor Low invited Kit Carstens, Chairman of the Riverwalk Foundation, to address Council regarding the proposed Riverwalk Design Plan. Mr. Carstens stated on behalf of the Riverwalk Committee and Riverwalk Foundation, the city has been an excellent partner in creating the Riverwalk Design Plan. He also acknowledged the expertise of Assistant Administrator Lockerby in pulling together the ideas, framework, creativity, and knowledge to make the Riverwalk Design Plan possible. Mayor Low thanked all members of the Riverwalk Foundation for their devotion and commitment to the Riverwalk. The investment of time on the part of so many volunteers has made the proposed Riverwalk Design Plan a reality. Mayor Low also acknowledged , the efforts of State Senator Pamela Althoff, who was in attendance, as well as Alderman Bolger who has been devoted and instrumental in keeping this project moving forward. August 2, 2004 Page 7 Alderman Bolger stated it is time to move onto the next step, hopefully beginning work on Miller Point this year during the off-season. Assistant Administrator Lockerby noted the City is at the end of the second phase of the Riverwalk design process. The third phase is the construction documents. Staff is seeking Council determination on whether the general architectural style represented in the drawings meets Council expectations and all elements of the Riverwalk Design meet with Council approval. Following Council approval, Staff will proceed with obtaining an estimated construction cost. Council would next view a list of Riverwalk construction phasing and design elements which would then be prioritized by Council. In response to Alderman Murgatroyd's inquiry, Assistant Administrator Lockerby stated the construction estimate would be done on a component by component basis. Assistant Administrator Lockerby responded there would be a line item budget which would be all-inclusive. Alderman Peterson inquired as to the funding for the next phase of the project. Assistant Administrator Lockerby responded the contract between the City and VOA Associates includes the Riverwalk design process and construction observation. He noted the ultimate source of funding for the Riverwalk is the TIF District. Aldermen Wimmer and Condon expressed their pleasure at the project moving forward. Alderman Bolger acknowledged the positive support of the local media. Alderman Glab stated he does not support urbanization of the City's waterfront. He expressed concerns regarding the over-commercialization of the downtown area. Alderman Glab suggested more public awareness and participation as the Riverwalk moves forward. He stated it is important that City residents be made aware of ways in which the Riverwalk would be beneficial to them and the City at-large. Mayor Low stated two open houses have been held at which the public was invited to attend. Much effort was made into making all elements of the Riverwalk available for public view and comment. She stated revitalizing the downtown through the creation of the Riverwalk benefits everyone in the community. Motion by Murgatroyd, seconded by Wimmer, to proceed with the proposed general architectural style as presented by VOA Associates, and to direct Staff to move forward with obtaining an estimated construction cost. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. FINAL PLAWARIANCES FROM SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE. EVERGREEN PARK SUBDIVISION Director Napolitano stated Evergreen Park was formerly known as Parkside August 2, 2004 Page 8 Development, as presented by developer Hallmark Homes. The subject property has been sold to Centex Homes who is building out the property. The Final Plat of Evergreen Park is in substantial conformance to the previously approved Preliminary Plat. Director Napolitano reminded Council previous approval has been granted to allow two buildings on a zoned lot as shown on the Final Plat. Emergency secondary access is shown on the plat. Director Napolitano stated the request before Council this evening is for: 1. Approval of variances from the Subdivision Control and Development Ordinance which provides that: Buildings may not be located less than 75' from detention basins (applicant's would be 30) Bottom of the detention pond shall be 2% slope with 0.5% minimum with under drains Storm sewer inverts of differing diameters must match at 0.8 depth points Minimum diameter of under drains must be 10" (applicant's will be 6") Storm sewer must be RCP, ADS under drains required along the perimeter of the site. 2. Approval of Evergreen Park Final Plat as prepared by Jacob & Hefner Associates on May 13, 2004 with a last revision date of July 8, 2004. 3. Approval for the dedication of a perpetual landscape/fencing easement within the Blake Boulevard right-of-way. Director Napolitano stated the City Engineer has reviewed and approved all of the _ five Subdivision Control and Development Ordinance requested variances. Director Napolitano reported -at a meeting held on July 1, 2004, the Planning and Zoning Commission denied the request for final plat approval and the requested variances by a 1- 6 vote. Issues raised by the Commission included drainage and potential impact on Olde Mill Ponds Subdivision, aesthetics relating to garage streetscape, and topography of the land. Director Napolitano noted the applicant has addressed the Commission concerns and has agreed to cut in half the release rate, thereby reducing the downstream drainage impact. In conclusion, Director Napolitano stated it is Staffs recommendation that the requests be approved. In response to Alderman Murgatroyd's inquiry, Director Napolitano stated the actual building footprints are not shown on the plat. The lots are shown on the plat. Director Napolitano clarified that all buildings will meet the 30' front yard setback requirement. In response to further inquiry, Director Napolitano stated the developer intends to plant native grass instead of regular turf in the detention pond. Alderman Murgatroyd inquired if reducing the rate of flow by one-half would create a stagnant pond ripe for mosquitoes. Mr. Thakor Patel of Jacob & Hefner Associates addressed Council noting there would be approximately one foot of water in the detention pond at all times. He noted this is the only way to ensure the viability of the wetland plantings. The outlet would be located at least one foot above the bottom of the pond. Alderman Peterson, citing the recommendation for denial by the Planning and Zoning Commission, stated he would have difficulty in supporting the request. August 2, 2004 Page 9 Mayor Low stated she would prefer to table this discussion until the City's Engineer is present. City Administrator Maxeiner noted if Council has any reservations regarding the engineering or drainage, motion to table the issue is appropriate. Alderman Condon concurred. Alderman Glab expressed concerns regarding the dedication of perpetual easement within Blake Boulevard. He inquired when Blake Boulevard was dedicated to the City and questioned why the large 140' right-of-way was preserved. Director Napolitano responded noting the land initially was owned by the Rubloff Development and privately owned until the road was dedicated to the City. Alderman Glab suggested Staff review the 140' right- of-way and investigate the possibility of vacating/releasing a portion of the right-of-way for increasing the size of the detention pond. Alderman Murgatroyd recognized the Planning and Zoning Commission's concerns regarding the garage-dominant streetscape. He requested more specific information and architectural renderings be provided to Council when this matter is revisited. Motion by Murgatroyd, seconded by Wimmer, to table the discussion and further consideration of the Evergreen Park Final Plat and request for variances to the Subdivision Control and Development Ordinance and dedication of a perpetual landscaping/fencing easement, until such time as the City's Engineer is present to respond to Council questions, comments and concerns. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. AWARD OF BIDS - PETERSEN PARK WATERFRONT PLAN PHASE Il: 1. CUSTOM LANDSCAPING & DESIGN — ENTRY LANDSCAPING 2. PARRISH PAVING — EXCAVATION AND PAVING ROADWAY ACCESS AND ADDITIONAL PARKING AREAS Director of Parks and Recreation Merkel stated the Petersen Park Waterfront Phase II incorporates the development of the northern portion of Petersen Park Waterfront including parking, roadway access, entry, picnic shelters, new piers and other amenities. This evening Council is being asked to approve the Award of Bid of two portions of the Phase II development: entrance landscaping and roadway access with additional parking areas. Director Merkel noted bid specifications were prepared and bids were sought and opened for both projects on July 20, 2004. Eight bids were received for the entrance landscaping with the lowest bid submitted by Custom Landscaping & Design of McHenry in the amount of $64,010.85. Nine bids were received for the excavation and paving of the roadway access and additional parking areas with the lowest bid being submitted by -144-1 Parrish Paving of Crystal Lake in the amount of $138,852. It is Staffs recommendation to award the bid to the lowest bidders. Reimbursement of 50% of the cost of the project will be made to the Illinois Department of Natural Resources at the conclusion of the entire August 2, 2004 Page 10 project. In response to Alderman Peterson's inquiry, Director Merkel stated soil conditions should not be a factor in completing these two portions of the Plan. Alderman Glab inquired about the effectiveness of the erosion control fence and questioned the high cost of it. He also questioned the need to include interior signs in the landscaping contract and suggested the signs be produced by the City's Public Works employees. City Administrator Maxeiner stated the Public Works shop would not be able to produce the signs for less than the amount specified in the bid. Some discussion occurred regarding the silt fencing required for the project. Director Merkel noted the fencing is required for erosion control. In response to Alderman Murgatroyd's inquiry, Director Merkel stated the landscaping should be completed this fall. The completion date for the landscaped entry is November 30''. Director Merkel estimated it would take approximately two weeks to prepare, excavate and pave the parking lot and roadway access. The proposed completion date is October 31 st. Motion by Peterson, seconded by Condon, to accept Staffs recommendation to award bids for the Petersen Park Waterfront Plan Phase II Development as follows: 1. Custom Landscaping & Design — Entry Landscaping, in an amount not-to-exceed - $64,010.85 2. Parrish Paving — Excavation and Paving Roadway Access and Additional Parking Areas, in an amount not-to-exceed $138,852. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. BUDGET AMENDMENT FOR $22,000 IN CAPITAL IMPROVEMENTS FUND TO INSTALL SIDEWALKS ALONG UNSERVED PORTIONS OF ROUTE 311MCCULLOM LAKE ROAD AND SOUTH OF BLAKE BLVD: AND CHANGE ORDER AUTHORIZING ALLIANCE CONTRACTORS TO INSTALL SIDEWALKS Director of Public Works Marcinko addressed Council stating during the McCullom Lake Road and Route 31 intersection improvements, Illinois Department of Transportation would not permit installation of sidewalks outside of the project limits. The request before Council this evening would permit the installation of sidewalks from the project limits north to Blake Boulevard on both the east side and west side of Route 31. The cost of the sidewalk construction is $22,000 which requires.. a budget amendment in the Capital Improvements Fund. Alderman Glab inquired if Staff has reviewed the Rubloff Development annexation agreement regarding a requirement to install sidewalks along Illinois Route 31. Director August 2, 2004 Page 11 Marcinko responded the annexation agreement has not been reviewed regarding this issue. Motion by Murgatroyd, seconded by Glab, to accept Staffs recommendation for a budget amendment in the amount of $22,000 in the Capital Improvements Fund to install sidewalks along the unserved portions of Route 31/MCcullom Lake Road and south of Blake Boulevard, and to authorize a change order to permit Alliance Contractors to install sidewalks in this location in an amount not-to-exceed $22,000. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR—STATEMENT AND REPORT Mayor Low announced this is the last Council Meeting for Assistant Administrator Lockerby. She wished him well and congratulated him on his new position. COMMITTEE REPORTS Finance and Personnel Committee Chairman Alderman Murgatroyd announced a Finance and Personnel Committee meeting has been scheduled for Monday, August 16, 2004 at 6:30 p.m. in the Aldermen's Conference Room. Community Development Committee Chairman Alderman Wimmer reported there was a Community Development Committee meeting held on July 201'. Minutes of that meeting will be forthcoming. Chairman Wimmer also announced a Community Development Committee meeting has been scheduled for Wednesday, August 18, 2004 at 7:00 p.m. in the Aldermen's Conference Room. STAFF REPORTS City Administrator Maxeiner reported a large crane will be situated in the Municipal Center parking lot on Tuesday, August 3`d. The crane will be utilized to remove an air conditioning compressor from the roof and installing its replacement. An air compressor failed on August 15' and it is being replaced tomorrow. The estimated cost of replacement/repair is $11,000. FUTURE AGENDA ITEMS Alderman Bolger expressed his concern regarding correspondence received about a political rally which occurred in Veteran's Park. He opined utilization of the park requires a park use fee which should be paid by the candidate. City Administrator Maxeiner stated if City Council concurs, he would contact the candidate regarding the payment of the fee. Alderman Glab concurred any major use of the City parks should require a fee �-' payment, regardless whether the gazebo or shelter are being utilized. August 2, 2004 Page 12 Mayor Low stated Council previously has determined not to use parks for political rallies. She noted an error was made and the event is over. Alderman Glab suggested a letter be sent to the individual requesting payment for park usage. Alderman Murgatroyd, noting the date of the event was one in which the park was being heavily used, stated he concurred correspondence should be sent informing the candidate this is not an acceptable use of the City facilities. However, he is not in favor of requesting payment of park usage fees. Alderman Wimmer and Alderman Condon concurred. In response to Alderman Peterson's inquiry, Director Merkel stated the usage fee is determined by the number of persons at the event. Alderman Peterson agreed that correspondence should be sent and a request for the fee should be made. Mayor Low concurred a letter should be sent to the individual notifying him that a candidate's political rally is not an acceptable use of the City park. Alderman Bolger stated the use of the park including the placement of campaign signs throughout is unacceptable. Mayor Low suggested City Administrator Maxeiner draft a letter to the individual informing him of city policy regarding political rallies in City parks and advising him of the park usage fee. EXECUTIVE SESSION: POTENTIAL LITIGATION Motion by Wimmer, seconded by Condon, to go into Executive Session to discuss Potential Litigation at 9:20 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 9:25 p.m. Motion by Wimmer, seconded by Condon, to go back into Open Session at 9:39 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. _. Motion carried. Council went back into Open Session at 9:39 p.m. August 2, 2004 Page 13 _ ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 9:39 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 9:39 p.m. AbAGCS_ i MAYOR C TY CLE