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HomeMy WebLinkAboutMinutes - 07/07/2004 - City Council REGULAR MEETING JULY 7, 2004 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Wednesday, July 7, 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 McArdle, City Clerk Jones, Chief of Police O'lVv.ara, Director of Parks and Recreation Merkel, Director of Community Development Napolitano, Director of Public Works Marcinko, Director of Finance Kline. Absent: Assistant City Administrator Lockerby, PUBLIC HEARING: 2004/2005 APPROPRIATION ORDINANCE Mayor Low called the Public Hearing regarding the 2004/2005 Appropriation Ordinance to order at 7:33 p.m. In response to Mayor Loves inquiry, there was no public comment regarding the 2004/2005 Appropriation Ordinance. City Clerk Jones stated her office had received no inquiries or comments regarding the 2004/2005 Appropriation Ordinance. Finance Director Kline summarized the necessity for an Appropriation Ordinance in order to comply with state statute. The Public Hearing was closed at 7:34 p.m. Motion by Murgatroyd, seconded by Wimmer, to accept Staffs recommendation to approve a 2004/2005 Appropriation Ordinance in the amount of$69,126,249. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. PROCLAMATION: RECOGNIZING GARY LANG'S PARTICIPATION IN D.A.R.E. Mayor Low read into the record a proclamation acknowledging the extraordinary efforts of Gary Lang, owner and proprietor of Gary Lang Auto Group of McHenry, in support of the D.A.R.E. Program, which was implemented in the City of McHenry in 1996. Mayor Low informed Council that Mr. Lang has been an advocate of the program since its inception. He has assisted in fundraisers, provided vehicles for use and underwritten the costs associated with the use of those vehicles, and has actively participated in the graduation ceremony each year. Mayor Low commended Mr. Lang on his spirit of volunteerism. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Alderman Glab requested that Item B, Request to Advertise for Bids for the Police Department Palomar Trooper Mobile Computers, and Item G, Picnic Permit Requests, be July 7, 2004 Page 2 pulled from the Consent Agenda and voted on separately. --` City Clerk Jones informed Council that a Block Party Request was received from Monica Kornfeind, a resident at 1005 Bonita Lane, requesting closure of Bonita Lane between its intersection with Beach Drive and Biscayne Road in the McHenry Shores Subdivision, on Saturday, July 17, 2004 from noon until 8:00 p.m. City Clerk Jones stated the request was received late and was therefore not included on the Agenda. Motion by Glab, seconded by Wimmer, to approve the Consent Agenda as amended, including the addition of Item J, Block Party Request. A. CALEA General Order Revisions; C. Contract with 3D Design for preparation of bid documents and construction observation for Petersen Park Entry Landscape Project; D. Final Pay Request to Morse Electric for installation of Engine Generators at Water Plant No 4 and Donovan Street Pumping Station; E. Ordinance granting Conditional Use Permit for Bistro at 731 Ridgeview Drive; F. Request to advertise for bids for Community Development Department utility vehicle for Building Inspector II position; H. Block Party Request: Lister, 611 Broadway; I. City Council Minutes: • April 26, 2004 Annual Meeting. J. Block Party Request: • Kornfeind, 1005 Bonita Lane Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CONSENT AGENDA ITEM B: REQUEST TO ADVERTISE FOR BIDS, POLICE DEPARTMENT PALOMAR MOBILE COMPUTERS Responding to Alderman Glab's inquiry, City Administrator Maxeiner explained the touch screens are not covered under the warranty expiring in August 2004, because the: deterioration is considered normal wear and tear. Motion by Glab, seconded by Bolger, to accept Staffs recommendation to approve the request to advertise for bid for nine Palomar Trooper Mobile Computers for installation in Police Department patrol vehicles. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. July 7, 2004 Page 3 CONSENT AGENDA ITEM G: PICNIC PERMIT REQUESTS Alderman Glab expressed continuing concerns regarding non-residents using the City parks for events. Motion by Murgatroyd, seconded by Condon, to accept Staffs recommendation to approve the requested picnic permits submitted by the Karl Becker Family and the Wendy Cordts Family. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. REQUEST FOR FENCE VARIANCE— MATCHEN, 3810 WEST MAPLE AVENUE Director of Community Development Napolitano informed Council that a letter was received from Bernie Matchen of 3810 West Maple Avenue, requesting a variance to allow the installation of a 4-foot high ornamental aluminum fence in a portion of his front yard on Maple Avenue. Director Napolitano explained that Mr. Matchen's property is next to Boone Creek and a wom pathway exists connecting Maple Avenue with Leonard Drive in the Millcreek Subdivision. It is Mr. Matchen's intention to use the fence to direct foot traffic parallel to the creek and away from his front yard. Director Napolitano noted the City's fence regulations allow only split rail fencing in a front yard with a maximum height of 36-inches. Mr. Matchen has expressed concern that a split rail fence would not deter persons from cutting across his property. Director Napolitano indicated that Staff has no concerns regarding Mr. Matchen's request. He opined the proposed ornamental fence would be an enhancement to the property. Motion by Bolger, seconded by Peterson, to accept Staffs recommendation to approve a variance allowing a 4-foot high, ornamental fence in the front yard of the property located at 3810 W. Maple Avenue, McHenry, Illinois. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR PARKING VARIANCE - QUIZNO'S SANDWICH STORE, 2445-2457 NORTH RICHMOND ROAD Director Napolitano informed the Council that the applicant, McVickers Aurora, .` L.L.C., is requesting approval of a variance to allow a reduction in the required number of parking spaces from 48 to 42 in order to open a Quizno's sandwich shop on the subject property located at 2445-2457 North Richmond Road. July 7, 2004 Page 4 Director Napolitano indicated Staff has no concerns with the applicant's request. Due to the nature of the proposed restaurant, it is likely there would be significant carry out traffic and not a considerable number of cars in the parking lot at any one time. Director Napolitano stated the Planning and Zoning Commission at a Public Hearing held on June 17, 2004, voted unanimously to recommend approval of a variance for a reduction in the required number of parking spaces from 48 to 42 at 2445-2457 North Richmond Road. Motion by Condon, seconded by Wimmer, to accept the unanimous recommendation of the Planning and Zoning Commission, and to direct Staff to prepare an ordinance granting a variance to allow a reduction in the number of required parking spaces from 48 to 42 for the shopping center located at 2445-2457 North Richmond Road for a Quizno's Sandwich Store. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR TEMPORARY USE — COMMUNITY RESOURCE CENTER MODULAR UNIT, GARDEN QUARTER APARTMENT COMPLEX MID-AMERICA MANAGEMENT Mayor Low reiterated Council at its June 17, 2004 meeting reviewed Mid-America Management's proposal to locate a 24' x 36' modular building at the Garden Quarter Apartment Complex. The proposed modular building would house the recently established Resource Center, presently operating in an apartment unit. The proposed location at the north end of the Complex, on a grassy area next to 4502 Garden Quarter Drive, was discussed. However, some Council members expressed concern about the proximity of the trailer to existing single-family homes. Director Napolitano informed Council that following the June 17, 2004 meeting, he met with Mr. Engelke of Mid-America Management at the site, to review potential locations for the temporary trailer. Based upon the site visit, three potential locations were identified: Option 1: North Side of Building 4502 Option 2: Center Court Area Option 3: South Side of Building 4518 Staff recommends Option No. 3. The location is far enough removed from adjacent residential uses and there is an existing 6-foot stockade fence along the property line to provide additional separation. Staff recommends approval of the temporary use for a period of one year at which time Council would address and evaluate any impacts that may -- arise. Option 1 was considered, but due to previously identified concerns with abutting single-family homes, it is not recommended. Option 2 is not recommended because of July 7, 2004 Page 5 concerns that could arise if the drainage routes to the existing catch basin are obstructed. Alderman Condon stated she supports the project and installation of the modular unit, pursuant to Staffs recommendation of Option 3. She opined the project would assist in acclimating residents to the community. Alderman Glab strongly contended that the modular unit is a Special Use, as opposed to a Temporary Use, and suggested the matter be addressed at a Public Hearing. Alderman Murgatroyd stated the program is appropriate for the community and has his support. Alderman Wimmer indicated his support for Staffs recommendation of Option 3. Responding to Alderman Glab's inquiry, Director Napolitano stated drainage would flow to the parking lot at the north and east. A lengthy discussion ensued regarding drainage issues and the integrity of the storm sewer lines in the vicinity of the apartment complex. Responding to Alderman Glab's comment, City Attorney McArdle opined there are no legal issues from a procedural standpoint. He stated the definition of the word "use" addresses the use of the premises in question and not its duration. City Attorney McArdle suggested the applicant re-apply for the use within a 364-day period, rather than one year. Mr. Engelke, responding to an inquiry from Alderman Murgatroyd, indicated the facility would be used for educational purposes only, Monday through Friday, from 2:00 p.m. to 6:00 p.m. Mr. Engelke informed Council that no problems have been experienced at any of the nine similar facilities currently functioning. City Administrator Maxeiner expressed appreciation to Mr. Engelke for the courtesy and cooperation he has extended to all the departments he worked with. Motion by Condon, seconded by Murgatroyd, to accept Staffs recommendation to approve a Temporary Use to allow a modular building for the Garden Quarter Resource Center, to be located at the South Side of Building 4518, for a period of 364 days. Voting Aye: Low, Murgatroyd, Wimmer, Condon. Voting Nay: Bolger, Glab, Peterson. Absent: None. Motion carried. ,,� Alderman Glab departed the Council Chambers at 8:26 p.m. July 7, 2004 Page 6 ORDINANCE GRANTING CONDITIONAL USE PERMIT FOR A CREDIT UNION AT 4117 SHAMROCK LANE Director Napolitano reiterated that Council at its June 21, 2004 meeting voted 4-2 to direct Staff to prepare an ordinance granting a Conditional Use Permit for a credit union to be located at 4117 Shamrock Lane. As the matter did not receive a unanimous recommendation, the ordinance review and approval could not be included on a consent agenda. Motion by Wimmer, seconded by Murgatroyd, to accept Staffs recommendation to approve an ordinance granting a Conditional Use Permit for a credit union to be located at 4117 Shamrock Lane. Voting Aye: Bolger, Low, Peterson. Voting Nay: Murgatroyd, Wimmer, Condon Absent: Glab. Motion denied. RESOLUTION AUTHORIZING PARTICIPATION IN MCHENRY COUNTY BOARD OF REVIEW TAX APPEAL HEARINGS REGARDING THE TAX ASSESSMENT CHALLENGE ON THE MEIJER PROPERTY Finance Director Kline informed Council that the Meijer Store in McHenry challenged the real estate tax assessment on both its fuel station and main store for the year 2003. The assessment had dropped from $6.78 million in 2002 to $4.57 million in f 2003, Meijer's request was to further reduce the assessment to $3.23 million. In February 2004, with Council's authorization, the City partnered with the other local taxing districts in funding an appraisal for the property. Based upon the results of the appraisal, Meijer's request for further reduction was denied. Meijer has appealed the County Board of Review's decision to the Illinois Property Tax Appeal Board. Director Kline stated the impact on the City's property tax receipts would be approximately $7,500 in 2004, and over $95,000 for all impacted taxing districts. The Township Assessor has requested the City of McHenry's continued support through the appeal process. Director Kline noted that while the Assessor's office intends to proceed forward in the appeal process, it is recognized as a benefit to the City to support the efforts regarding continuity of property tax assessments. Director Kline informed Council that in order to participate as an objector in the assessment appeal process at the State level, a Council resolution is required to file the Motion to Intervene. Motion by Murgatroyd, seconded by Wimmer, to accept Staffs recommendation to approve a resolution authorizing the City's participation in the McHenry County Board of Review and Illinois Property Tax Appeal Board Hearings, and for professional services related to the property tax assessment challenge on the Meijer property. Voting Aye: Low, Murgatroyd, Wimmer, Peterson, Condon. , Voting Nay: Bolger. Absent: Glab. Motion carried. July 7, 2004 Page 7 Alderman Bolger departed at 8:29 p.m. Alderman Glab returned to Council Chambers at 8:29 p.m. CENTRAL WASTEWATER TREATMENT PLANT EXCESS FLOW DISCUSSION City Administrator Maxeiner reiterated that over the past several months Council has been considering whether abandoning the Central Wastewater Treatment Plant (CWWTP) and consolidating treatment capacity at the South Wastewater Treatment Plant (SWWTP) is functionally and financially feasible. He stated City Engineer Baxter and Woodman, in a report provided to Council in January 2004, suggests abandonment of the CWWTP is functionally feasible if planned for twenty years in the future. City Administrator Maxeiner reminded Council of Staffs presentation on June 7, 2004, at which time the financing options for a planned abandonment in twenty years was discussed. It was noted that abandonment makes a larger portion of the project eligible for capital development, TIF and discretionary funds and may have less of an impact upon utility users than continuing to operate under the current two-plant structure. City Administrator Maxeiner stated both options, whether continuing the status quo or planned abandonment, require significant renovations at the CWWTP, however, excess flow is addressed differently. Excess flow tanks are needed to comply with an IEPA mandate to prevent those infrequent occasions where heavy infiltration may cause the release of untreated or under-treated sewage. A long-term commitment to the CWWTP would address excess .flow on site, while planned abandonment, would suggest transporting excess flows via a force/gravity main to the SWWTP. It was indicated that Council, at the June 7, 2004 presentation, favored a planned abandonment of the CWWTP and construction of the urgently needed excess flow tanks at the SWWTP, while requesting additional information on refunding existing bonds, as well as the eligibility of use of Capital Development Fees for the various options suggested. City Administrator Maxeiner reviewed funding summaries for the favored options, Alternative A and Alternative E as follows: • Alternative A: Continued use of the two-plant structure -requires an annual debt service of $900,000, with a funding shortfall of approximately $350,000, which would need to be offset by a rate increase. • Alternative E. Planned abandonment of the CWWTP in twenty years — requires an annual debt service revenue of approximately $1.47 million. o Due to the ability to use a greater amount of Capital Development Fees, the debt service shortfall is approximately $325,000, which would be offset by increased user rates or discretionary funding, such as annexation fees or general revenue. July 7, 2004 Page 8 City Administrator Maxeiner reviewed the various maturity schedules for refunding of three current bonds. He indicated the twenty-year refunding would provide savings of approximately $150,000 annually in 2005 and 2006, followed by savings of $450,000 in 2007 through 2009. He stated annual debt service is approximately $205,000 per year through 2023. City Administrator Maxeiner continued, exhibiting the breakdown of the use of capital development fees for Alternative A and Alternative E. He indicated Capital Development Fees would be needed to fund approximately 14% of the debt service for Alternative A, with a majority of the burden for funding falling upon the utility user. Should Council elect to pursue Alternative E, approximately half of the $1.5 million needed in annual debt service could be derived from Capital Development Fees. Additionally, other funding sources are available. City Administrator Maxeiner stated, due to lead time for design engineering, it has become critical to receive definitive direction from Council regarding whether the CWWTP should remain in operation indefinitely or whether the City desires to position itself to abandon the CWWTP in twenty years. Alderman Murgatroyd opined either option is expensive, but he supports Alternative E, construction of overflow at the SWWTP with a view toward closing the CWWTP in twenty years. Alderman Wimmer and Alderman Condon concurred with Alderman .— Murgatroyd. Alderman Glab stated he is inclined to support Alternative A. Responding to Alderman Peterson's inquiry, City Administrator Maxeiner stated that with advancements in technology the issue of odor control would be addressed during future expansion of the SWWTP. City Engineer Carl Moon, of Baxter and Woodman, agreed. Mayor Low, speaking as Alderman of Ward 3, concurred with Aldermen Murgatroyd, Wimmer and Condon. She stated that while the project is expensive, it would be shortsighted for this Council not to provide for the future regarding relocation of the CWWTP. A lengthy discussion ensued regarding the direction of flow and the Facility Planning Area (FPA). Motion by Murgatroyd, seconded by Condon, to direct City Engineer Baxter and Woodman to prepare an Engineering Services Agreement to design the engineering for the necessary excess flow tanks at the SWWTP and the planned abandonment of the CWWTP in twenty years. Voting Aye: Low, Murgatroyd, Wimmer, Condon. , Voting Nay: Glab, Peterson. Absent: Bolger. Motion carried. July 7, 2004 Page 9 MAYOR—STATEMENT AND REPORT Following distribution of transcripts from the Planning and Zoning Commission meeting held on July 1, 2004 to Council, Mayor Low stated she takes exception to some of the representations made by Alderman Glab at that meeting. Mayor Low opined Alderman Glab acted destructively in an effort to incite the Commission against the very Council he sits on. She informed the Council that she would be scheduling a joint meeting on September 13, 2004 between the Council and the Planning and Zoning Commission. COMMITTEE REPORTS Chairman Alderman Wimmer rescheduled the Community Development Committee meeting from July 14, 2004 to July 21, 2004 at 7:00 p.m. in the Aldermen's Conference Room. Chairman Alderman Murgatroyd stated he would like to schedule a Finance and Personnel Committee meeting on July 19, 2004 at 6:30 p.m. in the Aldermen's Conference Room. He requested the Committee members contact City Administrator Maxeiner regarding availability. STAFF REPORTS City Clerk Jones reported her office has received numerous telephone calls regarding door-to-door solicitations. She informed Council that the matter has been addressed and the responsible party has been instructed to cease and desist. NEW BUSINESS Responding to Mayor Lows announcement, Alderman Glab stated he had the right to address the Planning and Zoning Commission as an individual resident of the community. Mayor Low noted that the transcript indicated he had represented himself to the assemblage as an Alderman. ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 9:06 p.m. Voting Aye: Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Bolger. Motion carried. The Meeting was adjourned at 9:06 p.m. � MAYOR CI CLE 7D