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HomeMy WebLinkAboutMinutes - 11/13/2006 - City Council REGULAR MEETING NOVEMBER 13, 2006 A Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, November 13, 2006 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson and Condon. Absent: None. City Staff in attendance were: City Administrator Maxeiner, City Attorney McArdle, Deputy Clerk Kunzer, Chief of Police O'Meara, Director of Public Works Marcinko, Director of Community Development Napolitano, Director of Finance Black, Director of Parks and Recreation Merkel, Management Assistant for Community Relations Hobson. Absent: City Clerk Jones, Assistant Administrator Martin. TEN MINUTE PUBLIC INPUT SESSION Chuck Werth of 812 South Riverside Drive addressed Council regarding the river bank stabilization on the McHenry Shores Beach adjacent to his residence. Mr. Werth complimented Staff, particularly Director of Parks and Recreation Merkel, regarding the bank stabilization project, noting the bank erosion has been addressed and the river bank was stabilized correctly. He expressed his appreciation and thanked the City for its efforts. CONSENT AGENDA Alderman Peterson inquired if there was an increase in the amount of the proposed payment for snowplowing services this year. Director of Finance Black responded a 5% increase was included which was in line with the increase provided to union contract employees who will be providing the service. Motion by Wimmer, seconded by Schaefer, to approve the Consent Agenda as approved: A. Approve ordinance establishing Special Service Area (SSA) No 10, the Oaks at ' Irish Prairie Subdivision; B. Approve 2006/2007 Snowplowing Services for Feger and Country Club Drive Subdivisions; C. Approve list of As-Needed Checks: AFLAC 2,219.06 ALBERTSONS 39.05 AT&T 3,891.00 BANKCARD SERVICES 3,129.68 BENEFIT SYSTEMS 6 SERVIC 23,316.23 BUSS FORD SALES 85,760.00 CHICAGO TROLLEY CO 1,369.00 CHICAGOLAND TRENCHLESS R 1,200.00 GATE AMERICA INC 300.00 HILTON SEATTLE 760.00 I.T.C. 5.00 ILLINOIS ASSOC OF CHIEFS 85.00 ILLINOIS DEPARTMENT OF P 500.00 ILLINOIS RURAL WATER 505.00 ILLINOIS STATE HISTORICA 1,313.00 ILLINOIS STATE POLICE 132.00 INTERNATIONAL ASSOCIATIO 100.00 JP MORGAN TRUST COMPANY 500.00 MCHENRY SAVINGS BANK 2,665,000.00 MERKEL, PETE 210.00 NORTHERN ILLINOIS UNIVER 200.00 O'MEARA, THOMAS 150.00 OLIVERII, ALBERTO G 6 LI 3,000.00 POSTMASTER MCHENRY IL 1,227.65 PURSUIT ADVENTURE INC 825.00 ROGULIC, MARK 400.00 November 13, 20M Page 2 SAM'S CLUB 281.11 SEARS COMMERCIAL ONE 194.94 SECRETARY OF STATE 400.00 SECRETARY OF STATE / POL 78.00 SHERATON BOSTON HOTEL 1,287.55 SUBURBAN BRANCH APWA 150.00 UNITED PARCEL SERVICE 96.84 UNITED STATES LIFE INSUR 162.00 VAN METER & ASSOCIATES I 220.00 WALMP,RT COMMUNITY 251.56 WELLS FARGO BANK NA 595.86 GRAND TOTALS 2,799,854.73 FUND TOTALS GENERAL FUND 607,793.01 ANNEXATION FUND 300,000.00 DEVELOPER DONATION FUND 250,000.00 TIF FUND 500.00 WATER/SEWER FUND 297,191.94 UTILITY IMPROVEMENTS FUND 1,320,000.00 EMPLOYEE INSURANCE FUND 23,316.23 INFORMATION TECHNOLOGY FUND 457.69 POLICE PENSION FUND 595.86 TOTALS $2,799,854.73 D. Approve City Council Meeting minutes: November 6, 2006 regularly scheduled meeting. Voting Aye:__Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR FENCE VARIANCE — 3802 WAUKEGAN ROAD Director of Community Development Napolitano stated Mr. and Mrs. Javier Costantino, residents of 3802 Waukegan Road, are requesting a fence variance to allow a wrought iron fence in their front yard. The proposed fence is 42" high and would not be detrimental to the neighborhood. As the fence ordinance allows only split rail fence in the front yard, a variance is required. Staff supports the request. Director Napolitano noted Mr. and Mrs. Costantino were in attendance this evening. Alderman Glab suggested City fence requirements should be reviewed, especially with regard to allowing wrought iron fencing in front and comer side yards. Wrought iron fencing is attractive and does not impede the view any more than the allowable split rail fencing. He further suggested the fencing ordinance be reviewed by the Community Development Committee. Motion by Santi, seconded Condon, to accept Staffs recommendation to grant a variance to allow a 42" wrought iron fence in the front yard of the property located at 3802 Waukegan Road. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon Voting Nay: None. Absent: None. Motion carried. — November 13, 2006 Page 3 REQUEST FOR CLASS F1 LIQUOR LICENSE — 3818 CHARLES J MILLER ROAD BULL VALLEY LIQUORS INC: APPROVE AN ORDINANCE INCREASING THE NUMBER OF CLASS F1 LIQUOR LICENSES FROM THREE TO FOUR In attendance were Mr. and Mrs. Cerjio Tinajero, applicants for a liquor license for Bull Valley Liquors Inc, located at 3818 Charles J. Miller Road. Mayor Low stated the Applicants had completed all appropriate paperwork, paid the fees and have been fingerprinted as required by ordinance. In addition, the Applicants agreed to have all employees involved in the service of alcoholic beverages attend BASSETT training. Mayor Low recommended the Class F1 license be granted and that an ordinance be approved increasing the number of F1 licenses from three to four. Motion by Peterson, seconded by Schaefer, to accept Mayor Low's recommendation to approve a Class F1 Liquor License for Bull Valley Liquors, Inc, located at 3818 Charles J. Miller Road; and to pass and approve an ordinance increasing the number of Class F1 Liquor Licenses from three to four. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. LETTER OF REQUEST FROM RIVERWALK FOUNDATION: 1) NAME RIVERSIDE DRIVE PEDESTRIAN BRIDGE IN HONOR OF DEAN AND AASTRI CUNAT: 2) UTILIZE CUNAT FAMILY DONATION TO BEGIN RIVERWALK PHASE 11 City Administrator Maxeiner stated a letter of request had been received from the Riverwalk Foundation suggesting that the new Riverside Drive pedestrian bridge be named in honor of Dean and Aastri Cunat in recognition of the generous Riverwalk Foundation contribution made by the Cunat Family. Staff wholeheartedly supports the suggestion. City Administrator Maxeiner stated the Riverwalk Foundation has also requested that the Cunat Family contribution be utilized to begin construction of Riverwalk Phase 11, targeted by the Foundation as the Miller Property (Joey T's). City Administrator Maxeiner noted Staff supports utilizing the funds for the construction of Phase II; however, Staff has not yet identified Phase II. In addition, Staff suggests the City is not yet ready to incur additional costs for Phase II at this time. Alderman Condon noted the Cunat Family has been very generous to the City and she supports recognizing their contribution. Naming the bridge in their honor would be appropriate. Alderman Condon concurred with Staff in that the City is not yet ready to proceed with Riverwalk Phase II construction. Alderman Peterson concurred with Alderman Condon. He stated he has known the ~' Cunats for a long time and it is an honor to bestow the name of the bridge in their name. November 13, 2006 Page 4 Motion by Condon, seconded by Murgatroyd, to accept Staffs recommendation to acknowledge the generous contribution of the Cunat Family to the Riverwalk Foundation and to name the Riverside Drive pedestrian bridge in honor of Dean and Aastri Cunat. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE — COMMUNITY SEWER AND SEPTIC INC. 3908 JOHN STREET In attendance were Attorney Steven Cuda and Applicant Robert Pruchniak, owner of Community Sewer and Septic Inc. located at 3908 John Street. Director Napolitano stated the Applicant is seeking a conditional use permit to allow outdoor storage for his business located at 3908 John Street. The matter was presented to the Planning and Zoning Commission at a public hearing held on August 17, 2006. The Commission recommended approval subject to the following conditions: 1. No trucks used for septic waste pumping shall be stored outside on the premises, and no trucks used for septic tank waste pumping shall be stored inside unless emptied and cleaned. 2. No septic tank waste odors shall emanate from the site. 3. Portable toilets shall not be cleaned on the premises. 4. Portable toilets must be clean while on the premises. 5. An 8' privacy fence shall be constructed around the entire perimeter of the site. 6. A maximum of 50 portable toilets shall be stored on the site at any one time. Director Napolitano noted Staff has looked at the site. It is a difficult site to utilize and redevelop. He stated the site would be a part of the proposed Main Street Sub Area. Staff supports the request as it would be better to have the site used than to leave it vacant. Staff recommends approval of an ordinance granting the request for a five-year period followed by annual renewal, subject to the conditions suggested by the Planning and Zoning Commission. In response to Alderman Murgatroyd's inquiry, Director Napolitano stated Staff believes granting the conditional use permit for five years, followed by annual renewal by City Council, would allow the City to encourage re-development of the area should proposals come forward. Alderman Murgatroyd suggested the permit be granted for a shorter term than five years. A brief discussion followed regarding the ramifications of septic tank odors emanating from the premises. In response to Alderman Murgatroyd's inquiry, Mr. Pruchniak stated his business has been in operation on the premises for the _ past year. Alderman Murgatroyd opined if the business has been at the site for more than a year and there have been no complaints to date, he is comfortable in granting the request. November 13, 2006 Page 5 Alderman Wimmer stated he supports the request and approves of the five year term followed by annual renewal. He noted he favors the Main Street Sub Area Plan and would prefer to avoid locking into any uses which could inhibit the redevelopment of this area. The five year term would be appropriate. Alderman Peterson inquired if the light poles on the property were actually within the John Street tight-of-way. Mr. Pruchniak responded in the affirmative. He noted the lighting would be in place from dusk to dawn. Alderman Condon expressed her support of the request, particularly since the business has been in operation for a year on the site and there have been no complaints to date. Alderman Condon stated her preference for a shorter term than the proposed five years. She suggested a term of two years followed by annual renewal by Council. In response to Alderman Santi's inquiry, Director Napolitano stated no complaints have been received regarding the business located at 3908 John Street. Alderman Santi suggested the outdoor storage of 50 portable toilets is more intense use of the property than currently exists. He encouraged landscaping and fencing to screen the property from adjacent neighbors. Alderman Santi stated his preference with -a-two or three year term for the conditional use permit. Attorney Cuda inquired how the renewal would be implemented. He asked if the Applicant would be required to initiate the process before the Planning and Zoning Commission annually following the expiration of the initial term of the use. Director Napolitano stated annual review and renewal would take place before the City Council. Attorney McArdle noted the reason for renewal following the expiration of the initial term would be to allow for the redevelopment of the area should a proposal come forward. Alderman Glab stated he would like to have seen the photos submitted by an adjacent property owner which were alluded to in the Planning and Zoning Commission minutes of its August 17, 2006 meeting. Alderman Glab concurred with the suggested shorter term of the conditional use permit. He opined a three-year term would be fair. Alderman Schaefer inquired if the Applicant's business would be subject to approval by the McHenry County Health Department. Attorney Cuda stated the Applicant's business is subject to IEPA approval. In addition the trucks are inspected by the McHenry County Health Department. Alderman Schaefer inquired if the City has access to the Health Department inspection reports. Director Napolitano stated he would request copies of inspection reports on a regular basis and could include that item as a condition to the issuance of the conditional use permit. Motion by Murgatroyd, seconded by Wimmer, to accept the recommendation of the Planning and Zoning Commission to pass and approve an ordinance granting a conditional use permit to Robert Pruchniak for Community Sewer and Septic located at 3908 John �- Street for a three year term, with the possibility of City Council renewal prior to the expiration of said three-year term, and subject to the following conditions: November 13, 2006 Page 6 1. No trucks used for septic waste pumping shall be stored outside on the premises, and --` no trucks used for septic tank waste pumping shall be stored inside unless emptied and cleaned. 2. No septic tank waste odors shall emanate from the site. 3. Portable toilets shall not be cleaned on the premises. 4. Portable toilets must be clean while on the premises. S. An 8' privacy fence shall be constructed around the entire perimeter of the site. 6. A maximum of 50 portable toilets shall be stored on the site at any one time. 7. Satisfactory inspection reports from the McHenry County Health Department. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. INTERGOVERNMENTAL AGREEMENT FOR THE PURCHASE OF ELECTRICITY Director of Finance Black stated the City is considering entering into an intergovernmental agreement for the purchase of electricity with several other municipalities. Due to the possibility of impending electricity deregulation by the State of Illinois, the City would like to be proactive and seek electricity at a reduced cost. As an offer for reduced rates could come up rather quickly and require immediate action, Staff is seeking Council authorization to enter into an intergovernmental agreement with neighboring municipalities for the purchase of electricity, with the understanding the actual purchase will be brought to Council for ratification as soon as possible. Alderman Glab expressed his surprise more municipalities are not included in the proposed cooperative formed as a result of the intergovernmental agreement. Mayor Low noted the issue has been discussed at length by the McHenry County Council of Governments. Some of the municipalities are simply not interested. In response to an inquiry from Alderman Schaefer, Director Black stated the municipal cooperative would seek requests for proposals but would not actually lock into any numbers until the State's veto session is over and it is known if the electrical rate freeze is going to be in effect or the industry will be deregulated. Alderman Glab suggested the cooperative secure a firm price sooner rather than later. Motion by Condon, seconded by Santi, to accept Staffs recommendation to pass an ordinance approving an intergovernmental agreement with the following: Village of Lake in the Hills _ Village of Huntley Village of Lakewood City of Genoa City of Woodstock for the purchase of electricity; and to authorize the City Administrator's execution of a November 13, 2006 Page 7 purchase contract for the City's electric supply. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. APPROVE RESOLUTION ESTABLISHING PUBLIC HEARING AND AUTHORIZING PUBLIC NOTICE FOR PROPOSED 2006 TAX LEVY Director Black stated in order to initiate the process for adoption of the City's 2006 Tax Levy, a resolution must be passed determining the amount of funds to be levied, proposing a date for Public Hearing to consider the levy, and setting forth the public notice requirements. Director Black stated the amount of the 2006 Tax Levy is $4,252,913 which represents a 15% increase over the 2005 Tax Levy. As required by the Truth in Taxation Act of 1981, a Public Hearing must be held in order to give the public an opportunity to be heard. This year's Public Hearing will be held on December 4, 2006. Notice will be published in the Northwest Herald between November 20, 2006 and November 27, 2006. Motion by Condon, seconded by Schaefer, to accept Staffs recommendation to pass a resolution determining the amount of funds to be levied for the 2006 Tax Year in the amount of$4,252,913. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. -- Voting Nay: None. Absent: None. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low reported she had recently received the resignation of Landmark Commissioner Ilene Wiedemann. She is proposing the appointment of long-time resident Kaaren Gies to fill the unexpired term of Ms. Wiedemann. She requested a motion to approve the appointment. Motion by Murgatroyd, seconded by Schaefer, to accept the Mayor's recommendation to appoint Kaaren Gies to fill the unexpired term of Ilene Wiedemann, with a term expiring April 30, 2008. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. COMMITTEE REPORTS Chairman Alderman Condon announced a Community Development Committee Meeting has been scheduled for Tuesday, November 21, 2006 at 7 p.m. in the Aldermen's "�- Conference Room. Chairman Alderman Murgatroyd announced a Finance and Personnel Committee November 13, 2006 Page 8 Meeting has been scheduled for Monday, November 20, 2006 at 6:30 p.m. in the Aldermen's Conference Room. Chairman Alderman Peterson reported minutes of the Parks and Recreation Committee Meeting held on Wednesday, November 8, 2006 will be included in this week's Friday Report. STAFF REPORTS There were no Department Head Reports. FUTURE AGENDA ITEMS Alderman Glab commended Staff on securing the regular street cleaning of Crystal Lake Road. Alderman Glab also expressed his gratitude for the work being done on the Whispering Oaks Walk Paths. He suggested Staff could finish up a few minor areas next spring. He noted he has received a lot of positive feedback regarding the project. EXECUTIVE SESSION: PROPERTY ACQUISITION AND POTENTIAL LITIGATION Motion by Murgatroyd, seconded by Wimmer, to go into Executive Session to discuss Property Acquisition and Potential Litigation at 8:12 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. -� Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 8:21 p.m. Motion by Wimmer, seconded by Santi, to go back into Open Session at 9:11 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 9:11 p.m. ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 9:12 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Th Meeting was adjourned at 9:12 p.m. - MAYOR DEPUTY CLERK