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HomeMy WebLinkAboutMinutes - 02/05/2007 - City Council REGULAR MEETING FEBRUARY 5, 2007 A Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, February 5, 2007 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, Deputy Administrator Martin, Assistant Administrator Hobson, Chief of Police O'Meara, Director of Community Development Napolitano, Director of Parks and Recreation Merkel, Director of Public Works Marcinko, Director of Finance Black. Absent: City Clerk Jones. PUBLIC INPUT SESSION — 10 MINUTE LIMITATION There was no one who signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Motion by Murgatroyd, seconded by Condon, to approve the Consent Agenda as presented: A. Request from McHenry Area Chamber of Commerce Year 2007 Fiesta Days schedule; Special Event Liquor License; and waiver of all associated fees; B. Award of bid for printing three seasonal Parks and Recreation Department brochures and four quarterly City of McHenry newsletters — John S. Swift, in the amount of$28,671; C. Approve City Council Minutes: " January 29, 2007 regularly scheduled meeting. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. APPROVE REQUEST FOR USE OF PETERSEN PARK FOR WINTER EVENT ON FEBRUARY 24 AND FEBRUARY 25, 2007 AND WAIVER OF ALL ASSOCIATED FEES— SYCAMORE DISTRICT BOY SCOUTS OF AMERICA Mayor Low announced this Agenda item was removed from consideration at the applicant's request. APPROVE REQUEST FOR USE OF PETERSEN PARK WATERFRONT TO HOST A FISH BOIL FUNDRAISER WITH LIVE MUSIC AND A BINGO TENT ON JUNE 9 2007• WAIVER OF ALL ASSOCIATED FEES — PIONEER CENTER Director of Parks and Recreation Merkel stated a request was received from Pioneer Center to use Petersen Park Waterfront for a fish boil fundraising event on June 9, 2007. Director Merkel pointed out the Lion's will be hosting their carnival simultaneously which should complement the Pioneer Center event. Director Merkel opined both events will draw a family crowd and should increase overall participation. As Pioneer Center is a -ti not-for-profit social service agency, Staff supports the request as well as the waiver of all associated fees. February 5, 2007 Page 2 Alderman Glab requested clarification that the waiver of fees for park rental is permitted when the applicant is a not-for-profit agency. Chairman Alderman Peterson of the Parks and Recreation Committee confirmed the request conforms to current parks rental policy. Motion by Peterson, seconded by Santi, to accept Staffs recommendation to approve the request for the use of Petersen Park Waterfront to host a fish boil fundraising event with live music and a bingo tent on June 9, 2007 as requested by Pioneer Center and to waive all associated fees. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. APPROVE REQUEST FOR TRANSFER OF CLASS F2-5 LIQUOR LICENSE FOR BICKEY CORPORATION D/B/A SUNRISE GROCERY AND LIQUORS, 3020 WEST ROUTE 120: In attendance were Mr. and Mrs. Baldev Ghotra. Mayor Low stated she had received a request from Mr. Baldev Ghotra to transfer the Class F2-5 Liquor License from Sunrise Grocery to Bickey Corporation dHb/a Sunrise Grocery and Liquors at 3020 West Route 120. Mayor Low noted she has met with the applicant who has submitted all appropriate paperwork, paid the transfer fee, and has been fingerprinted. Mayor Low recommended approval of the transfer subject to satisfactory fingerprinting results and that all employees involved in the sale of alcohol attend BASSET training. Motion by Santi, seconded by Schaefer, to accept the Mayor's recommendation, to approve the transfer of the F2-5 Liquor License to Bickey Corporation d/b/a Sunrise Grocery and Liquors at 3020 West Route 120, subject to obtaining satisfactory fingerprinting results and all employees involved in the sale of alcohol attending Basset training. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. APPROVE REQUEST FOR VARIANCE TO UTILIZE EXISTING PRIVATE WELL FOR LANDSCAPE WATERING AT CHURCH OF HOLY APOSTLES Deputy City Administrator Martin stated a request had been received from Fr. Robert Sherry of Church of Holy Apostles, who was in attendance, requesting permission to utilize an existing private well for landscape watering on the church premises. Deputy City Administrator Martin noted the Municipal Code allows the use of private existing wells for landscaping purposes at single-family detached dwellings. There is no provision to allow the use of a private well on property other than residential. Deputy City Administrator February 5, 2007 Page 3 Martin stated Staff supports the request provided the well is utilized solely for landscape watering and that there is no cross-connection to the City's water system. Responding to Alderman Glab's inquiry, Deputy City Administrator Martin stated the variance request is a Municipal Code issue and does not relate to the zoning of the property. Motion by Murgatroyd, seconded by Condon, to accept Staffs recommendation to approve a variance from the Municipal Code to allow the use of a private existing well on the Church of Holy Apostles property subject to the following: 1. The use of the well shall be restricted to landscape watering; 2. There shall be no cross-connection to the municipal water system. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. APPROVE ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 5 ESTABLISHING REGULATIONS FOR CARNIVALS AND CIRCUSES Director of Community Development Napolitano stated the subject of carnival and circus regulations was presented to Community Development Committee for consideration as a result of correspondence received from Attorney General Lisa Madigan and Cook County Sheriff Sheehan. Due to the family-oriented nature of these events, it was pointed out measures should be take to protect the patrons of these events. Following discussion, the Committee provided a specific list of regulations to be included in an ordinance amending the Municipal Code regarding such events. Director Napolitano stated the regulations, once adopted, would help to ensure these are safe family events. Director Napolitano noted all circuses and carnivals would continue to require Council approval. It is the recommendation of the Committee and Staff to approve an ordinance adopting the regulations for carnivals and circuses. Alderman Condon noted Staff comprehensively researched this matter and the regulations would provide a good way to protect families at these events. Alderman Glab inquired who would be responsible to pay for the required background checks. Director Napolitano stated it would be covered by the application fee and would therefore be the responsibility of the applicant. Alderman Schaefer expressed concern regarding assurance that the persons who submitted to background checks are the actual workers at the carnival/circus. He questioned how the City could be sure that all workers have submitted to background checks. Alderman Condon noted all workers would be required to carry on their person a government-issued photo identification card. City Administrator Maxeiner stated spot �.- checks to ensure conformance would be done by either the Police Department or the Community Development Department. February 5, 2007 Page 4 Some discussion followed regarding the consequences of spot checks resulting in �- workers present who had not submitted to (or passed) a background investigation. City Administrator Maxeiner stated one of two things would occur: 1. Ask the worker to leave; or 2. Shut down the event. Alderman Glab suggested a bond be put up with permit approval for the event. If there is a violation, the bond would be forfeited. He suggested this might provide easier enforcement of the regulations. It was the consensus of Council that shutting down the event would hurt the not-for- profit agency sponsoring it. Mayor Low suggested the enforcement of the regulations could be revisited at a later date should it become a problem for the agencies. Motion by Condon, seconded by Santi, to accept the recommendation of the Community Development Committee to pass and approve an ordinance establishing regulations for carnivals and circuses. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. APPROVE ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 1 SECTION 1-12 INCREASING FINES FOR CERTAIN CODE OFFENSES Director Napolitano stated the fines for code violations, as specified in the Settlement of Offenses section of the Municipal Code, were established in 1994. It is Staffs opinion the fines are not steep enough to deter violations. Most fines are $25 which increases to $50 when not paid within the specified time period. Both the Community Development Committee and Staff recommend doubling the existing fine schedule in order to secure more timely enforcement of code violations. Alderman Schaefer stated the increase in fines is long overdue and suggested the amount of the fines be reviewed more frequently. Motion by Schaefer, seconded by Santi, to accept the recommendation of the Community Development Committee to pass and approve an ordinance increasing the fines, as stated in Municipal Code Chapter 1 Section 1-12, Settlement of Offenses, as presented. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. February 5, 2007 Page 5 APPROVE PURCHASE OF THREE COMPUTER SERVERS VIA STATE CONTRACT THROUGH DELL COMPUTERS IN AN AMOUNT NOT-TO-EXCEED $17.445 -- Deputy City Administrator Martin stated Staff is requesting authorization to replace two computer domain servers. The existing servers have failed on several occasions and are not trustworthy. Additionally, Staff is seeking authorization to purchase a third server which would operate a Microsoft Exchange and Sharepoint System. This system would allow for multi-access and scheduling as well as provide a domain for project management software for development information which could be shared with Staff throughout the organization. It would be set up as an internal website for development. The project management software requires a dedicated server. Deputy City Administrator Martin stated it is Staff s recommendation to purchase three servers via the state contract from Dell Computer in an amount not-to-exceed $17,445. Alderman Glab inquired what the City would do with the old servers. Deputy City Administrator Martin responded they would be sold at the County auction. Alderman Schaefer requested clarification regarding who would have access to the project management information. City Administrator Maxeiner stated the information would be for City organizational use only. Motion by Condon, seconded by Murgatroyd, to accept Staffs recommendation to approve the purchase of three computer servers via state contract from Dell Computers in the amount not-to-exceed $17,445. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. APPROVE STAFF RECOMMENDATION TO: 1. AMEND THE FY 2006/2007 BUDGET IN THE AMOUNT OF $22,886 40: 2. WAIVE BID REQUIREMENTS FOR REHABILITATION OF WELL NO 9 3. ACCEPT PROPOSAL FOR REHABILITATION OF WELL NO 9 SUBMITTED BY WATER WELL SOLUTIONS LLC IN AN AMOUNT NOT-TO-EXCEED $34,486 40 Director of Public Works Marcinko reminded Council approval was granted on August 28, 2006 to test and inspect Well No. 9 in order to assess the need for its repair, renovation or replacement. Subsequently the well was inspected and it was discovered that repairs are required. The well is currently out of operation pending the repairs. It is Staffs recommendation to accept a proposal submitted by Water Well Solutions in the amount of $34,486.40. Additionally, Staff recommends waiving the bid requirements for the project and approving a FY 2006/2007 budget amendment to pay for the repairs. Mayor Low stated the budget amendment should be approved prior to accepting the bid and waiving the bid requirements. February 5, 2007 Page 6 Alderman Murgatroyd inquired if other options had been investigated, i.e. replacing "1- the motor. Director Marcinko stated the rebuilt motor would be better than a new motor as the current motor was designed for this well. Director Marcinko stated the City would have a better product, as the motor would be rebuilt specifically for the City's equipment. Alderman Santi requested clarification as to where the money would come from to pay for the project. City Administrator Maxeiner responded the money would be derived from the Water/Sewer Fund. Motion by Schaefer, seconded by Condon, to accept Staff s recommendation to approve a budget amendment for FY 2006/2007 Water/Sewer Fund in the amount of $22,886.40 to pay for the renovation/repair of Well No. 9. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Motion by Murgatroyd, seconded by Santi, to accept Staffs recommendation to accept a proposal from Water Well Solutions LLC for the renovation of Well No. 9 in an amount not-to-exceed $34,486.40; and to waive the bid requirements for this project. Voting Aye: Santi, Glab, Schaefer; Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR—STATEMENT AND REPORT There was no Mayor Statement or Report. COMMITTEE REPORTS Chairman Alderman Peterson announced a Parks and Recreation Committee is scheduled for 6:00 p.m. on Wednesday, February 21, 2007 in the Aldermen's Conference Room to discuss latest revisions to the Parks and Recreation Master Plan. STAFF REPORTS City Administrator Maxeiner announced Marengo Disposal experienced equipment malfunction today due to the extreme temperatures. It is anticipated they will resume pickup on Tuesday and will likely operate on a one-day delayed schedule for the remainder of the week. FUTURE AGENDA ITEMS Alderman Condon expressed her concern that the City fully embrace and support the six pillars of CHARACTER COUNTS! She stated she would like the community to get involved in the program and strive to exhibit good character traits, particularly with regard to sportsmanship at local athletic events. Alderman Condon stated she feels strongly the City should display the pillars of the program so that the McHenry community can be February 5, 2007 Page 7 known as a City who is represented and known for these qualities of respect, responsibility, caring, fairness, trust, and citizenship. ADJOURNMENT Motion by Condon, seconded by Santi, to adjourn the meeting at 8:07 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. 7Theeeting was adjourned at 8:07 p.m. MAYOR DEPUTY CITY QfERK 1