HomeMy WebLinkAboutMinutes - 07/10/2006 - City Council REGULAR MEE"nNG
JULY 10, 2006
A Regular Meeting of the McHenry City Council was called to order by Mayor Low at
7:30 P.M. on Monday, July 10, 2006 in. the Council Chambers of the Municipal Center. At
roll call the following Aldermen were present: Santi, Glab, Schaefer, Murgatroyd, Wimmer,
and Peterson. Absent: Condon. City Staff in attendance were: City Administrator
Maxeiner, City Attorney McArdle, Chief of Police O'Meara, City Clerk Jones, Assistant
Administrator Martin, Director of Public Works Marcinko, Director of Community
Development Napolitano, Director of Parks and Recreation Merkel. Absent: Community
Relations Management Assistant Hobson.
RESOLUTION HONORING RETIRING LANDMARK COMMISSION CHAIRMAN GREG
LOF_
Mayor Low noted with regret the retirement of Greg. Lofgren from the City's
Landmark Commission. She noted it is a bittersweet departure. Mayor Low stated Mr.
Lofgren's service to the community is appreciated and she wished to publicly thank him for
his efforts. Mayor Low read into the record a resolution acknowledging Mr. Lofgren's
contributions in his capacity as a Landmark Commissioner and Chairman.
Mr. Lofgren thanked Council, Staff and Landmark Commission members for their
participation.
TEN MINUTE PUBLIC INPUT SESSION
No one signed in to speak during the Ten Minute Public Input Session.
PUBLIC HEARING:
1) COMPLY WITH BOND ISSUANCE NOTIFICATION ACT FOR ISSUANCE OF
GENERAL OBLIGATION BONDS FOR MCHENRY RIVERWALK PHASE 1,
2) APPROVE ORDINANCE AUTHORIZING ISSUANCE OF $3.0 MILLION IN GENERAL
OBLIGATION BONDS:
31 APPROVE REIMBURSEMENT RESOLUTION TO ALLOW REPAYMENT OF
RIVERWALK CONSTRUCTION COSTS FROM BOND PROCEEDS
City Administrator Maxeiner stated it is the City's intent to issue General Obligation
Bonds for reimbursement of construction costs for Riverwalk Phase 1. To accomplish this a
Public Hearing must be held to announce the City's intent. Following the Public Hearing
the City must pass an ordinance authorizing the issuance of the bonds. The City will then
publish the ordinance and notice of intent to issue the general obligation bonds.
City Administrator Maxeiner noted the City must also pass a reimbursement
resolution which allows the City to use bond proceeds for any "hard costs" paid for
Riverwalk Phase I within the 60 days prior to approval of the bond ordinance.
City Administrator Maxeiner stated the Tax Increment Financing (TIF) District
proceeds are currently adequate to make the bond payments. There is no intent on the
part of the City to increase property taxes.
Mayor Low opened a Public Hearing. at 7:40 p.m. to consider the issuance of
July 10, 2006
Page 2
General Obligation Bonds for McHenry Riverwalk Phase 1. -�
Alderman Murgatroyd noted Council waited until funding was in place to finance the
Riverwalk. He opined this is a conservative approach and deems this a positive investment
in McHenry`s future.
Mayor Low opened the floor to public comment.
James Lewis of 1510 Millstream Drive inquired when Council decided to go into the
land consumption business. He wondered where the money is coming from and suggested
the money could be better utilized for education purposes.
City Administrator Maxeiner explained the Medical Arts Building was purchased as
a component of the first phase of the Riverwalk. Upon the property's redevelopment it will
stimulate property values within the TIF District and ultimately increase property tax
revenues for all taxing districts in the area. The Riviera Marina was originally purchased to
allow for the expansion of the Central Wastewater Treatment Plant. Since that time, the
City has learned it would be more beneficial to expand the South Wastewater Treatment
Plant and ultimately abandon the Central Plant. The Marina site/Central Plant will be
redeveloped following consolidation of the two treatment plants.
City Administrator Maxeiner stated with regard to education issues, the school --
districts provided their blessing to move forward with the TIF District as a strategy that
would ultimately increase property values in the area.
Motion by Wimmer, seconded by Santi, to close the Public Hearing at 7:49 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson.
Voting Nay: None.
Absent: Condon.
Motion carried.
Motion by Murgatroyd, seconded by Peterson, to pass and approve an ordinance
authorizing the issuance of $3.0 million in General Obligation Bonds (Alternate Revenue
Source).
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson.
Voting Nay: None.
Absent: Condon.
Motion carried.
Motion by Santi, seconded by Schaefer, to pass and approve a reimbursement
resolution to allow the repayment of Riverwalk Construction Costs from bond proceeds for --
the 60 days prior to the approval of the Bond Ordinance. J
July 10, 2006
Page 3
Voting.Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson.
Voting Nay: Glab.
Absent: Condon.
Motion carried.
CONSENT AGENDA
Alderman Glab requested that a sign be placed at the easternmost intersection of
Olde Mill Lane and Boone Creek Circle to alert the public of the closed street. City
Administrator Maxeiner concurred.
Alderman Glab requested clarification regarding the Larkin Lane Block Party. Mayor
Low stated the request is to block off the Larkin Lane cul-de-sac and not the entire street.
Alderman Glab expressed concern regarding parking issues for this block party. City
Administrator Maxeiner stated Staff will ensure that parking concerns are properly
addressed.
Alderman Santi stated he is glad the City is purchasing the squad cars locally.
Motion by Wimmer, seconded by Santi, to approve the Consent Agenda as
presented:
A. Approve final pay request for Riverwalk Project - VOA & Associates in the
amount of$72,850.06;
B. Approve request to advertise for bids for Whispering Oaks Walking Path
Improvements;
C. Approve request to advertise for Bids for purchase of Street Sweeper;
D. Approve request to purchase five police vehicles from Buss Ford in the amount
of$98,250
E. Approve Block Party requests as follows:
Patti Preston, Knox Farm Subdivision -July 29, 2006;
Steve Pool, Olde Mill Ponds Subdivision -August 19, 2006;
Craig Adams, Whispering Oaks Subdivision - September 17, 2006;
D. Approve special use/picnic permit requests;
E. Approve City Council Minutes:
June 12, 2006 regularly scheduled meeting;
June 19, 2006 regularly scheduled meeting.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson.
Voting Nay: None.
Absent: Condon.
Motion carried.
REQUEST FOR FENCE VARIANCE AT 4909 HOME AVENUE
--Director.-of-Community--Development-Napolitano-reported --reequest,--Jaad..been..
received from Jeffrey Lindaur of 4909 Home Avenue. Mr. Lindaur is seeking a variance to
July 10, 2006
Page 4
allow a four foot high chain link fence along his Commercial Avenue property line. Director
Napolitano stated the subject property is a double frontage lot, with frontage on both Home
Avenue and Commercial Avenue. The construction of the fence would provide yard
enclosure for Mr. Lindaur's children and dogs. Director Napolitano stated Staff supports
the request for variance.
Motion by Wimmer, seconded by Santi, to accept Staffs recommendation to grant a
Variance for the property located at 4909 Home Avenue, to allow the construction of a four
foot high chain link fence along the Commercial Avenue property line.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson.
Voting Nay: None.
Absent: Condon.
Motion carried.
AMENDMENT TO CONDITIONAL USE PERMIT FOR EXPANSION OF MULLIGAN'S
SALOON -2616 SCHAID COURT .
Director Napolitano stated Mulligan's Saloon proprietor Les Lunsmann is seeking to
expand his business located at 2616 Schaid Court. Mr. Lunsmann, who is in attendance at
the meeting, is seeking to expand his conditional use permit to allow for the expansion of
his restaurant into the adjacent space in the strip mall. Mr. Lunsmann intends to create a
smoke free dining area. ....
Director Napolitano noted Staff has no concerns with the proposed expansion. The
new restaurant space would require 30 parking spaces (25 per 1,000 net so and the
shopping center has enough spaces to meet this requirement.
Staff recommends approval of an ordinance granting the requested expansion to
the conditional use permit.
Alderman Peterson stated he is pleased the business is doing: well and needs to
expand, and likes the fact that a non-smoking area is being added. Aldermen Santi and
Schaefer concurred.
Alderman Glab requested clarification regarding the use. Director Napolitano
responded the ordinance specifies the expansion has to be related to the existing
restaurant use.
Responding to Alderman Murgatroyd's inquiry, Director Napolitano stated the
shopping center use requires a total of 135 parking spaces at this time. He indicated there
are 155 total spaces available.
Motion by Peterson, seconded by Schaefer, to accept Staffs recommendation to
pass and approve an ordinance granting an expansion to the conditional use permit
granted to Mulligan's Saloon located at 2616 Schaid Court, and thereby allowing
R xpansiorrof-the Testaorantnntu th-adjarentPspe r-tlu strip rtfaff-—"-,*`-.—..
July 10, 2006
Page 5
Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson.
Voting Nay: Glab.
_ Absent: Condon.
Motion carried.
AMENDMENT TO MUNICIPAL COD_ E CHAPTER 12, LICENSES AND PERMITS AND
CHAPTER 30, ADULT USES
Assistant Administrator Martin stated an applicant recently requested a permit to
allow the sale of potentially adult-oriented materials at a location within the City. It was
noted by Staff the adult use ordinance requires clarification to ensure that a business
which deals in any type of adult-oriented sales/service$ must file an application for an
adult business license with the City.
Assistant Administrator Martin noted the ordinance under consideration provides the
needed clarification and includes a Statement of Business Application for Adult Business
License for all businesses providing this type of services in the City. Assistant
Administrator Martin noted all existing businesses which fall into this category will be
required to complete the Application and file it with the City by September 1, 2006.
Attorney McArdle suggested the Item (4) of the Application be edited to require "one
clear photograph" as opposed to "two portrait photographs".
Alderman Murgatroyd inquired how this ordinance can be enforced. Assistant
--" Administrator Martin responded the normal enforcement process would be followed.
Attorney McArdle noted further editing of the ordinance and/or application may
occur.
Motion by Wimmer, seconded by Murgatroyd, to accept Staffs recommendation to
pass and approve an ordinance amending the City's Municipal Code in Chapter 12,
Licenses and Permits, and Chapter 30, Adult Uses as stated.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson.
Voting Nay: None.
Absent: Condon.
Motion carried.
ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIANCE FOR JAVA
JO'Z COFFEE, MCHENRY PLAZA SHOPPING CENTER
Director Napolitano stated an application from Java Jo'z was submitted to construct
a coffee kiosk in the McHenry Plaza Shopping Center. The request requires a conditional
use permit for a drive-thru establishment and a variance to allow multiple buildings on a
zoning lot.
``- Director Napolitano noted the Planning and Zoning Commission considered this
,.-matte "ubl eaThg-ei 1d--O 9ay-11 005 and-umnni ous rg-omi ende
approval.
July 10, 2006
Page 6
Responding to Alderman Santi's inquiry, Director Napolitano stated patrons would
be able to walk up to the facility or ride a bike to obtain service on the south side of the
building. In addition, there would be a handicapped accessible ramp in place.
Alderman Glab expressed concerns regarding ingress/egress, particularly for
patrons going south in the lot.
Alderman Murgatroyd requested clarification regarding the placement of the kiosk in
the parking lot. Director Napolitano responded the kiosk would be located approximately
60-70 feet south of the sign at the shopping center entrance.
Motion by Peterson, seconded by Santi, to accept the unanimous recommendation
of the Planning and Zoning Commission, to approve an ordinance granting the following
for Java Jo'z in McHenry Plaza Shopping Center.
• Conditional Use Permit for a drive-thru establishment;
• Variance to allow multiple buildings on a zoning lot to permit a coffee kiosk on the
premises.
Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson.
Voting Nay: Glab.
Absent: Condon.
Motion carried.
FINAL PLAT OF SUBDIVISION AND VARIANCES FOR LEGEND LAKES
NEIGHBORHOOD NO. 1
Mayor Low stated, at the request of the applicant, the consideration of the Final Plat
of Subdivision and Variances for Legend Lakes Neighborhood No. 1 was pulled from this
evening's agenda and will be considered at a future meeting.
ORDINANCE PROPOSING ESTABLISHMENT OF BACKUP SPECIAL SERVICE AREA
FOR THE OAKS AT IRISH PRAIRIE SUBDMSION
Director Napolitano stated the Annexation Agreement for the Oaks at Irish Prairie
Subdivision requires the establishment of a Backup Special Service Area to provide for
maintenance of common areas, fencing and landscaping within the subdivision. The first
step in initiating this process is passing an ordinance announcing the CityAs intent to
establish the Special Service Area. Director Napolitano noted once the ordinance is
passed, a public hearing must be held within 60 days. The public hearing is scheduled for
September 6, 2006.
Director Napolitano noted Staff supports the approval of the ordinance proposing
the establishment of the Backup Special Service Area for the Oaks at Irish Prairie
Subdivision.
Motion by Murgatroyd, seconded by Wimmer, to accept Staffs recommendation to
pass and approve an ordinance proposing the establishment of a Backup Special Service
-urea for the Oaks a Irish Prairie Subdivision and establishing a dafe of September 6, 2006
for a Public Hearing for this matter.
July 10, 2006
Page 7
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson.
Voting Nay: None.
Absent: Condon.
Motion carried.
APPROVE PURCHASE OF POLICE DEPARTMENT RECORDS MANAGEMENT
SYSTEM FOR A TOTAL COST NOT-TO-EXCEED $45,000
Assistant Administrator Martin reported the City's existing contract for Police
Department Computer Aided Dispatch (CAD), Record Management Services (RMS) and
Mobile Systems expired on May 15, 2006. The original provider of these services, NEC
Solutions is no longer able to provide these services. These three systems are no longer
supported by any of the companies which originally developed them.
Assistant Administrator Martin stated following extensive investigation and
evaluation of possible solutions to this problem, Staff has determined the best solution,
both technologically and cost effectively, is a system supplied by Cushing Technologies of
Cushing Maine. The package includes CAD, RMS, and Mobile System applications. The
software would also interface with the State of Illinois, CrossMatch Live Scan System,
firehouse software, E-911 telephone equipment, and the Police Department's
property/evidence software. Assistant Administrator Martin noted there are no special
computer needs required to operate the Cushing System.
Assistant Administrator Martin stated the total cost for the Cushing System is
-- $45,000 which includes the data conversion. Due to the proposed payment schedule which
requires payment of$15,000 in the 2006-2007 Fiscal Year, no amendment to the approved
budget is required. The balance of the cost would be paid in Fiscal Year 2007-2008.
Chief of Police O'Meara explained he is aware of one police department in Lake
County which utilizes this system. He is unaware of any McHenry County departments
utilizing the system. Responding to Alderman Murgatroyd's inquiry, Chief O'Meara stated
the Cushing System demonstration for local agencies and dispatchers was very
impressive.
Mayor Low reported Fire Chief Amore indicated his support for the Cushing System.
City Administrator Maxeiner stated this software allows the City to move forward
without significant problems.
Responding to an inquiry, Chief O'Meara stated the software would be implemented
within approximately sixty days. There would be no disruption of service during the
installation.
Motion by Schaefer, seconded by Murgatroyd, to accept Staffs recommendation to
approve the purchase of the Cushing Technologies software and associated data
-._- conversion for a total cost not-to-exceed $45,000, with $15,000 due the current fiscal year
andF$3t1000zlaL-�in-theF20072008,fiscal yearWt!nia intefi`es cha ges�ei�niul red._ -'
July 10, 2006
Page 8
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson.
Voting Nay: None.
Absent: Condon.
Motion carried.
AMENDMENT TO ENGINEERING SERVICES AGREEMENT FOR CONSTRUCTION
OBSERVATION OF WATER TREATMENT PLANT NO 1 - BAXTER AND WOODMAN, IN
THE AMOUNT OF $65,000
Director of Public Works Marcinko stated Council approved an Engineering
Services Agreement with Baxter & Woodman on September 8, 2004 for construction
observation services regarding the Water Plant #1 improvements in the amount of
$166,000. The original completion date for the improvements as specified in the contract
was November 17, 2005. Due to issues with the contractor, Baxter & Woodman has been
required to spend more time and effort on this project. Director Marcinko noted to date
their expenditures exceed the original amount by $53,241.60. Staff expects additional
expenses to be incurred prior to final completion. Director Marcinko stated Staff is
therefore recommending approval of a change order to the original agreement in the
amount of $65,000. Director Marcinko noted all additional expenses are recoverable
through liquidated damages from the contractor..
Motion by Peterson, seconded by Schaefer, to accept Staffs recommendation to
approve a change order in the amount of $65,000 to the Baxter & Woodman Engineering
Services Agreement for construction observation of Water Treatment Plant No. 1.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson.
Voting Nay: None.
Absent: Condon.
Motion carried.
MAYOR— STATEMENT AND REPORT
Mayor Low thanked the McHenry Jaycees for their Jaycees Day event on July 1",
including the great fireworks display.
Mayor Low announced Fiesta Days begins this weekend. This annual event causes
a burden on City Staff and she expressed her gratitude to them in advance for their work
during the ten-day celebration.
COMMITTEE REPORTS
There were no Committee Reports.
STAFF REPORTS
City Administrator Maxeiner requested Council consider a Joint Finance and
Personnel/Public Works Committee Meeting be scheduled for Monday, July 31, 2006 at
i
6:30 p.m. He requested committee members check their calendar. Alderman Schaefer
noted he would be unavailable on that date.
City Administrator Maxeiner announced the Medical Arts Building has been
July 10, 2006
Page 9
demolished and the site has been cleared.-
FUTURE AGENDA ITEMS
Alderman Glab stated he was very impressed by this year's fireworks display. He
noted the event was well-attended and well-organized.
Alderman Glab expressed concerns regarding the way the show is growing. He
suggested Staff might want to research this issue for the future.
EXECUTIVE SESSION: PERSONNEL
Motion by Wimmer, seconded by Santi, to go into Executive Session to discuss
Personnel at 8:31 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson.
Voting Nay: None.
Absent: Condon.
Motion carried.
Council went into Executive Session at 8:43 p.m.
Motion by Wimmer, seconded by Santi, to go back into Open Session at 8:51 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson.
Voting Nay: None.
Absent: Condon.
Motion carried.
Council went back into Open Session at 8:52 p.m.
OPEN SESSION -
Motion by Murgatroyd, seconded by Wimmer, to authorize Staff to extend an offer to
Christopher Black for the position of Finance Director, Grade 25, Step 6, at an annual
salary of $87,000, subject to satisfactory completion of a drug test and physical exam, with
a start date of August 7, 2006.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson.
Voting Nay: None.
Absent: Condon.
Motion carried.
ADJOURNMENT
Motion by Wimmer, seconded by Santi, to adjourn the meeting at 8:53 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson.
Voting Nay: None.
Absent: Condon.
Motion carried.
The Meeting was adjourned at 8:53 p.m.
MAYOR ? CITY CLERK