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HomeMy WebLinkAboutMinutes - 11/18/2013 - City CouncilREGULAR. MEETING November 18, 2013 Mayor Low called the regularly scheduled November 18, 2013 meeting of the McHenry City Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab, Blake, Wimmer, Peterson and Condon. Absent: Schaefer. Also in attendance were City Administrator Morefield, Deputy City Administrator Martin, Deputy City Administrator Hobson, Director of Public Works Schmitt, Chief of Police Jones, Director of Finance Lynch, Engineer Pieper and City Clerk Jones. Absent: City Attorney McArdle. PLEDGE OF ALLEGIANCE — LED BY MCHENRY GIRL SCOUT TROOP 84 Mayor Low introduced guests to the Council from Girl Scout Troop 84. Mayor Low announced that the scouts are working on a government badge. Girl Scout Troop 84 led the Council and the audience in the Pledge of Allegiance. PUBLIC HEARING: OAKS AT IRISH PRAIRIE SUBDIVISION AMENDMENT TO ANNEXATION AGREEMENT Mayor Low announced that the Public Hearing regarding the proposed amendment to the Oaks at Irish Prairie Subdivision Annexation Agreement, which was opened on November 4, 2013, is continued and will be heard at the City Council meeting on December 2, 2013. Mayor Low requested a motion to continue the Public Hearing to December 2, 2013. Motion by Wimmer, seconded by Blake continuing the Public Hearing regarding the proposed amendment to the Oaks at Irish Prairie Subdivision Annexation Agreement to December 2, 2013. Voting Aye: Santi, Glab, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. ACTION TAKEN IN PUBLIC HEARING FOR OAKS AT IRISH PRAIRIE SUBDIVISION AMENDMENT TO ANNEXATION AGREEMENT There was no action taken on this matter. The matter is continued to the Council meeting on December 2, 2013. PRESENTATION: RIVERWALK FOUNDATION Mr. John Smith, President of the McHenry Riverwalk Foundation addressed Council. Mr. Smith thanked the Council for the opportunity for presentation. He introduced the members of the McHenry Riverwalk Foundation. He stated that the McHenry Riverwalk Foundation (the "Foundation") is trying to regain momentum and new infusion of energy for the project. Mr. Smith provided a detailed presentation regarding the Foundation's goal to extend the Riverwalk Regular Meeting Page 2 November 18, 2013 beyond the existing City owned limits of Miller Point (formerly the Dobyn's House property). He stated that with the assistance of the City Attorney, the Foundation has acquired easements from the next two contiguous residents to the north, and in addition, the Foundation is working with the Illinois Department of Transportation ("IDOT") to complete the improvements under Illinois Route 120. Mr. Smith informed Council that to ensure the cooperation of the affected property owners, he has approached the landowners with the existing plans and made any accommodation necessary to finalize engineering and bid documents for each individual property. The Foundation is proposing to complete the work completely at their expense. Mr. Smith introduced Kit Carsten. Mr. Carsten stated that marketing for the project is being performed by Munaretto & Co. Efforts are underway to ascertain the best use of a property, potential site plans and possible incentives. A final report is anticipated to be received from Munaretto & Co. within the next couple of months. Mr. Smith provided Council with a breakdown of the current balance in the Riverwalk account and future anticipated expenditures. The Foundation is requesting that the City consider a $400,000 contribution to the project for proposed immediate improvements. Responding to Alderman Condon's inquiry whether rails would be provided along the Fox River, Mr. Smith responded negatively. Alderman Condon expressed concern regarding safety issues. Mr. Smith stated that the space is currently open. Mr. Smith opined that the immediate goal is to get the Riverwalk extended and the precise details would follow. Alderman Glab opined he is encouraged by the revitalization of the Downtown Area. Mr. Smith stated the Foundation is working to make the revitalization a success. Alderman Santi inquired about the old Dobyn's House sign. Mr. Smith stated the sign is unattractive and he would ultimately like to see something done with it. Responding to Alderman Santi's inquiry regarding the easements, Mr. Smith stated he is unable to give details about the easements until the improvements are determined. Alderman Santi inquired whether the utilities are going to be buried, as they tend to be unsightly. Mr. Smith stated that the utility companies are notoriously difficult to deal with and burying the utilities is not in the Foundation's budget. Alderman Santi thanked the Foundation for their presentation and inquired whether he could obtain a copy of the Foundation's PowerPoint presentation. Mayor Low thanked Mr. Smith for taking the lead in the project and for bringing everyone together. Property owners Bob Novak and Dave Miller were thanked for their cooperation in making the future expansion possible. Regular Meeting' Page 3 November 18, 2013 PUBLIC INPUT SESSION Ms. Jordan Bird, 215 South Katie Lane, addressed Council. Ms. Bird stated that goats are fine animals and provide companionship and milk. She opined that goats and farm animals in the City limits of McHenry would be a unique experience. CONSENT AGENDA A. Resolution establishing 2014 City Council meeting schedule; B. Request from the Riverwalk Foundation to advertise for bids to construct Phase 2A-1 of the Riverwalk, along Riverside Drive from Miller Point, Miller's Dream Marine and former site of Petals and Stems, and Phase 2A-2 under the Route 120 bridge; C. Approval for temporary closure of Waukegan Road from East Campus High School to Green Street and Green Street from Waukegan Road to John Street, from 8:00 am to 8:15 am, for the annual Rotary 5K Shamrock Shuffle on Saturday, March 15, 2014; D. Approval of an ordinance authorizing an Intergovernmental Agreement with McHenry County, Crystal Lake and Woodstock for 2014 Dial -a -Ride Transit Services; E. Approval of a temporary use permit and special event liquor license for Chain 0-Lakes Brewery, 3425 Pearl Street for outdoor event to coincide with Toys -for -Tots Parade; F. Approval of a temporary use permit for Rosko's Christmas Tree Lot, 4400 West Elm Street, from November 19 through December 31, 2013; G. October 7, 2013 Regular City Council meeting minutes; H. October 21, 2013 Regular City Council meeting minutes I. October 29, 2013 City Council meeting minutes; J. As Need Checks; and AT&T 101.15 BANKCARD PROCESSING CENTER 7,173.59 BLUE CROSS BLUE SHIELD 123,476.23 CHICAGO TROLLEY & DOUBLE 1,737.50 L COMED 795.48 FOP UNITS I/II 2,021.00 ILLINOIS SWIMMING 60.00 IUOE, LOCAL 150 3,853.12 KIMBALL MIDWEST 243.62 LEGALSHIELD 129.50 MCHENRY COUNTY COLLECTOR 32,239.82 MCHENRY COUNTY PLANNING 75.00 NATIONAL GUARDIAN LIFE 42.33 NCPERS GROUP LIFE INS 192.00 NCPERS GROUP LIFE INS. 192.00 NORTHWESTERN UNIVERSITY 4,780.00 NWBOCA 80.00 PEPSI BEVERAGE COMPANY 738.44 POSTMASTER MCHENRY IL 1,700.00 SIX FLAGS GREAT AMERICA 6,999.00 TOMASELLO, TAMARA 500.00 UNITED PARCEL SERVICE 82.12 US BANK EQUIPMENT FINANCE 135.00 GRAND TOTALS 187,346.90 FUND TOTALS GENERAL FUND 63,168.62 WATER/SEWER FUND 577.05 EMPLOYEE INSURANCE FUND 123,476.23 INFORMATION TECHNOLOGY FUND 125.00 TOTALS 187,346.90 K. List of Bills: 1000BULBS.COM 245.47 AALTO, SARAH M 390.00 / ACE HARDWARE, BJORKMAN'S 1,483.00 Regular Meeting Page 4 November 18, 2013 ADAMS ENTERPRISES INC, R 885.92 ADAMS STEEL SERVICE INC 451.03 AMERICAN HEATING & COOLI 517.00 ANCHOR TOWING 150.00 AQUAFIX 255.94 AT&T 1,668.27 AT&T LONG DISTANCE 181.10 BAKER & SON CO, PETER 4,186.44 BANKCARD PROCESSING CENT 1,205.98 BLACKSTONE LANDSCAPE INC 10,836.25 BROTHERS GRIMM INC 290.00 BSN SPORTS INC 37.32 BUCK BROS INC 104.57 BUSS FORD SALES 1,466.53 CABAY & COMPANY INC 738.90 CASEY EQUIPMENT COMPANY 63,907.50 CDS OFFICE TECHNOLOGIES 625.00 CENTEGRA OCCUPATIONAL HE 246.96 CHICAGO INTERNATIONAL TR 375.41 CINTAS CORPORATION LOC 3 463.72 COLUMBIA PIPE & SUPPLY C 902.50 COMCAST CABLE 407.91 COMED 23,648.29 CONSTELLATION NEWENERGY 32,868.35 CRESCENT ELECTRIC SUPPLY 122.66 D'ANGELO NATURAL SPRING 40.75 DEWBERY ARCHITECTS INC 23,025.00 DOCUMENT IMAGING DIMENSI 155.00 DREISILKER ELECTRIC MOTO 182.58 ED'S AUTOMOTIVE/JIM'S MU 182.00 ED'S RENTAL & SALES INC 316.72 FAST EDDIES CAR WASH 153.50 FISCHER BROS FRESH 2,147.64 FORD, STEPHANIE E 123.38 GROWER EQUIPMENT & SUPPL 132.66 GUARDIAN MATERIAL HANDLI 508.00 HACH COMPANY 841.76 HAHN, DIANE 18.28 HARM'S FARM 48.00 HD SUPPLY WATERWORKS 54.60 HRGREEN 1,535.00 HUGHES & SON INC 850.00 HYDRAULIC SERVICES AND R 597.52 ICC 1,334.30 ILLINOIS DEPT OF AGRICUL 115.00 ILLINOIS DIRECTOR OF 4,956.00 ILLINOIS TRUCK ENFORCEME 75.00 KIMBALL MIDWEST 467.33 LANG-CADILLAC-BUICK-GMC 46.69 LEXISNEXIS 111.50 LILLEENG, MICHAEL D 2,400.00 LOFGREN, GREG 52.87 MCCANN INDUSTRIES INC 1,213.42 MCH CTY MUNICIPAL RISK M 301,998.00 MCHENRY ANALYTICAL WATER 640.00 MCHENRY COUNTY CHIEFS OF 45.00 MCHENRY COUNTY RECORDER 800.00 MCHENRY FIRESTONE 680.28 MCHENRY POWER EQUIPMENT 10.13 MERWIN, BENJAMIN J 800.00 METRO DOOR AND DOCK INC 190.00 MID AMERICAN WATER OF WA 172.10 MIDCO 202.50 MINUTEMAN PRESS OF MCH 169.46 MOLNAR, JAMES 254.22 MUNICIPAL COLLECTION SER 65.77 NAPA AUTO PARTS MPEC 4,050.04 NATURESCAPE DESIGN INC 305.00 NEUMANN JR, EDWARD J 500.00 NORTHWEST HERALD 297.40 Regular Meeting Page 5 November 18, 2013 OTTOSEN BRITZ KELLY COOP 760.50 PALA, JOSIE 123.25 PETROLIANCE LLC 11,235.80 PETROW, STEPHANIE S 405.00 PETTIBONE & CO, P F 448.33 POSTMASTER MCHENRY IL 73.60 PROSAFETY INC 76.08 PROSHRED SECURITY 213.00 PSP-BROOKFIELD 155.33 RADICOM INC 17,574.78 RADIOSHACK CORPORATION 29.47 REBMAN, KRISTINA 32.00 REINDERS INC 108.80 RELIABLE MAINTENANCE INC 1,293.03 RIVERSIDE BAKE SHOP 14.16 ROY, DEANNE 160.52 SAFE KIDS WORLDWIDE 50.00 SAM'S CLUB 211.30 SCHMITT, JON 60.00 SCHOPEN PEST SOLUTIONS I 140.25 SECRETARY OF STATE / POL 101.00 SEWER EQUIPMENT CO OF AM 58.93 SHAW MEDIA 1,255.30 ST PATRICKS CHURCH 24.00 STANS OFFICE TECHNOLOGIE 179.00 STAPLES ADVANTAGE 103.96 SUSHI KING 30.00 TEXAS REFINERY CORP 625.20 THELEN MATERIALS LLC 328.66 TOPS IN DOG TRAINING COR 431.90 TRAFFIC CONTROL & PROTEC 500.90 ULINE 291.95 UPS STORE, THE 50.94 URBANSKI REPORTING COMPA 656.50 USA BLUEBOOK 1,233.22 VALENTINES REPAIR 57.80 VERIZON WIRELESS 1,713.07 WASTE MANAGEMENT 7,160.00 WASTE MANAGEMENT OF WI P 8,057.94 WENDT, REBECCA 75.00 WILSON NURSERIES INC 190.00 XYLEM WATER SOLUTIONS US 455.20 ZINANNI, VICKIE 7.80 ZUKOWSKI ROGERS FLOOD & 130.00 GRAND TOTALS 558,809.89 FUND TOTALS GENERAL FUND 107,549.39 RECREATION CENTER FUND 23,025.00 CAPITAL EQUIPMENT FUND 63,907.50 WATER/SEWER FUND 58,383.23 RISK MANAGEMENT FUND 302,139.56 INFORMATION TECHNOLOGY FUND 2,170.71 RETAINED PERSONNEL ESCROW 978.00 POLICE PENSION FUND 656.50 TOTAL 558,809.89 Motion by Santi, seconded by Blake, to approve the Consent Agenda as presented. Voting Aye: Santi, Glab, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. Regular Meeting Page 6 November 18, 2013 REQUEST FROM BURGER KING, 2180 N. RICHMOND ROAD, FOR A VARIANCE TO THE SIGN ORDINANCE TO ALLOW 20% MORE CHANGEABLE FACE THAN CURRENTLY PERMITTED Deputy City Administrator Martin informed Council that Burger King, located at 2180 North Richmond Road recently completed a complete exterior restoration project, with the exception of replacing their freestanding sign. The reason for the restoration project was to keep up with property values of adjacent parcels, as well as to enhance the overall design quality of the site and building. Deputy City Administrator stated that Burger King is located in a highway commercial district; and the Sign Ordinance allows for one freestanding sign no larger than .5 square feet per foot of lot frontage, no taller than 15 feet and with a minimum five foot setback. The lot frontage of Burger King is 207 feet, allowing for a freestanding sign up to 103.5 square feet. Staff has ascertained that Burger King's proposal complies with the size, height and setback requirements; however, they are requesting that 53% of the overall sign be an electronic changeable reader board. The current Sign Ordinance allows for only 33% of the overall sign to be changeable copy. Burger King is requesting a variance to allow 20% more changeable face than allowed. Staff has no concerns with the request, as electronic reader boards are becoming a more common way for businesses to advertise. Recent similar variance requests granted include all three McDonald's restaurants located in the City of McHenry. Alderman Condon expressed concern that drivers might be distracted by the electronic reader sign. Alderman Glab suggested a recommendation at the Committee level regarding the frequency of the sign changing. Motion by Wimmer, seconded by Santi, approving the request for a sign variance for the property located at 2180 North Richmond Road, McHenry, Illinois Voting Aye: Santi, Glab, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. APPROVAL OF AN INTERGOVERNMENTAL AGREEMENT WITH THE VILLAGE OF JOHNSBURG FOR INSTALLATION OF RADIO EQUIPMENT ON JOHNSBURG WATER TOWER NO. 1, LOCATED AT GRANT ROAD AND NORTH ROUTE 31 Deputy City Administrator Hobson informed Council of the Intergovernmental Agreement with the Village of Johnsburg that permits the City to install communication systems equipment on the Village of Johnsburg Water Tower No. 1, located at the intersection of Grant Road and North Route 31. Regular Meeting Page 7 November 18, 2013 Deputy City Administrator Hobson stated that the equipment installation would enhance police VHF emergency communication backup radio channels, enabling the City to back up files of all policy reports to an offsite location. He noted that the project is identified as "Second Microwave Link" in the Fiscal Year 2013/2014 Budget in the IT Fund Fixed Assets account. Motion by Blake, seconded by Peterson, approving the Ordinance authorizing the City of McHenry to enter into an Intergovernmental Agreement with the Village of Johnsburg for installation of radio equipment on Village of Johnsburg Water Tower No. 1, located at Grant Road and North Route 31. Voting Aye: Santi, Glab, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. Mayor Low welcomed back Director of Finance Lynch and congratulated her on the birth of her son. RECOMMENDATION TO APPROVE 1) REVISED BLUE CROSS BLUE SHIELD PPO, HRA AND HMO PLANS FOR EMPLOYEE HEALTH COVERAGE; 2) REVISED IN-HOUSE DEDUCTIBLES FOR BLUE CROSS BLUE SHIELD HRA PLAN; 3) RENEW GUARDIAN PPO DENTAL PLAN; 4) RENEW VSP VISION COVERAGE PLAN; AND 5) DIRECT STAFF TO DEVELOP AND IMPLEMENT AN "OPT -OUT" PROGRAM FOR INSURANCE COVERAGE FOR SPOUSES AND DEPENDENTS, PROVIDED IT RESULTS IN A COST SAVINGS TO THE CITY City Administrator Morefield informed Council that the City has offered employees the choice of three medical plans for the last four years, (PPO, HRA and HMO), in addition to dental and vision insurance. Annually the City works through its insurance broker to obtain the most competitive quotes using the existing plans as a base. Once the quotes are received the broker works on the City's behalf to negotiate the lowest possible rates for the various insurance coverage options. The City Administrator then reviews the quotes with the broker and conducts an analysis of various models and structures the insurance plan. For the coming year, Staff is recommending approval of the BCBS revised PPO Plan, the revised HRA Plan and the renewed HMO Plan. During the 2014 plan year, the estimated total BCBS expenses will be $1,741,334 (included in this total is $134,200 for 100% excess deductible reimbursement on the HRA Plan) with an additional $649,000 going towards the Local 150 Union insurance, for a total of $2,390,334. This is an increase of approximately 7.5% over the previous plan year. Regular Meeting Page 8 November 18, 2013 City Administrator Morefield noted that the City of McHenry has been with BCBS of Illinois since 2009. Since that time, the City has had renewal rates as high as 11.72% and as low as 5.41%. Over the past five years, the average annual increase has been 9.26%. Dental Insurance The dental benefits offered to the City employees is a Guardian dental PPO plan. The plan provides for in -network and out -of -network benefits. Staff obtained quotes from the market for comparable dental PPO plans through the broker. Staff is recommending no changes to the Guardian PPO plan. The 2014 estimated total Guardian premium will be $96,791.40, which is approximately $10,373.28 higher than last year. Vision Insurance The Vision Services Plan ("VSP") provided a two year rate guarantee in 2013. The 2014 estimated total vision premium will be $11,256.48, which is the same as last year. Opt Out In addition to scrutinizing the insurance plan renewals, attempting to keep costs as low as possible, the City Administrator is looking into the possibility of implementing "opt out" plans for employees with spouses who could obtain coverage for them and/or their dependents elsewhere. This would include possibly offering an annual cash incentive to employees who are able to waive insurance coverage and reduce the number of dependents on the City's plan(s). Participation in the proposed program would be at the discretion of individual employees. Motion by Wimmer, seconded by Condon, approving: • The revised Blue Cross Blue Shield PPO, renewed HRA and HMO plans for health coverage during the 2014 plan year; • The revised in-house deductibles for the Blue Cross Blue Shield HRA plan for the 2014 plan year; • The renewed Guardian PPO dental plan for the 2014 plan year; • The renewed VSP vision coverage plan for the 2014 plan year; and • Directing Staff to develop and implement an "opt out" program for insurance coverage provided it results in a costs savings to the City. Voting Aye: Santi, Glab, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. ORDINANCE AMENDING VARIOUS SECTIONS OF THE MCHENRY ZONING ORDINANCE REGULATING TEMPORARY REFUSE AND STORAGE CONTAINERS AND CARPORTS Deputy City Administrator Martin informed Council that at the June 11, 2013 meeting of the Community Development Committee, amendments were discussed to the Zoning Ordinance to address temporary refuse containers and storage units and review current Regular Meeting Page 9 November 18, 2013 regulations regarding carports. The proposed amendments were subsequently reviewed by the Planning and Zoning Commission at a Public Hearing. Carports There are several carports in the City that are widely scattered in different residential areas and subdivisions. Currently the Zoning Ordinance combines parking areas, garages and carports in the same category. Carports are permitted as accessory_ uses and allowed to protrude only into the rear yard. Staff is recommending carports remain accessory structures. If they are attached to the house they become part of the house and have to meet the required setbacks for homes in the district. Staff recommends the following definition for carports: Carport — a covered structure used to offer limited protection to vehicles from the elements. The structure can either be freestanding or attached to a wall. A carport does not have four walls, usually one or two. They offer less protection than a garage, but allow for more ventilation. Temporary Storage Units Temporary storage units are containers that come in many different sizes. Sixteen (16) feet in length is the most common for residential purposes. The containers are utilized to store household or business items either on -site or in a warehouse. The units are convenient, delivered to homes and can be transported anywhere in the country. However, often the containers are stored on driveways for long periods of time and can become an eyesore to neighbors. Staff recommends the following definition for temporary storage units: Temporary Storage Unit — all containers, crates, boxes or other similar enclosures utilized for temporary on -site storage or transportation of goods or materials and are not considered permanent or accessory structures. Temporary Refuse Containers Temporary refuse containers or roll -off dumpsters are commonly used in residential zoning districts. The dumpsters are delivered and generally range in size from 10 to 40 yards. Staff recommends the following definition for temporary refuse containers. Temporary Refuse Container — a container for storing refuse and waste for a limited time period. Staff is proposing the following regulations for temporary storage and refuse containers. Should the regulations be met, Staff is proposing not requiring a building permit. If all applicable standards cannot be met Staff proposes that the applicant be required to obtain a temporary use permit and Council's approval. Regular Meeting Page 10 November 18, 2013 A permit is not required for a temporary storage unit or temporary refuse container in a residential zoning district as long as all applicable criteria established below are met: 1. No more than one temporary storage unit or one temporary refuse container is permitted on any residential property; 2. Any temporary storage unit and/or temporary refuse container that is not associated with a building permit can remain on a property for no more than 30 consecutive days. A 30-day extension may be granted administratively by the City Administrator, or their designee, if no complaints have been received. When requested as part of a building permit, temporary storage units and temporary refuse containers are permitted for the duration of construction and shall be removed from the site within 14 days of the end of construction, or upon expiration of the building permit, whichever is sooner; 3. Temporary refuse containers can be no larger than 23 feet long, 8 feet in width and 7 feet in height; 4. Temporary storage units can be no larger than 20 feet long, 8 feet in height and 10 feet in width; 5. Temporary refuse containers must control its contents at all times; 6. Temporary storage units and refuse containers must be set back a minimum of 5-feet from all property lines and at least 6-feet from any building or structure; 7. Temporary storage units and refuse containers must be placed on an approved paved surface; 8. Temporary storage units and refuse containers are not permitted on public right-of-way and cannot obstruct sight lines of pedestrians or vehicles; or affect required parking; 9. Temporary storage units may be used for temporary storage of personal goods and belongings. Units may not be used for occupancy, sleeping, housing of animals, storage of firearms, storage of hazardous, toxic or flammable materials or storage of materials which are otherwise unlawful to possess. 10. Temporary storage units shall be maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing or other holes or breaks, at all times. 11. Any temporary storage unit or refuse container not meeting any of these applicable requirements must request a temporary use permit and receive Council approval. Deputy City Administrator Martin informed Council that the Community Development Committee unanimously recommended Staff present the proposed amendments to the Zoning Ordinance regarding carports, temporary refuse and storage containers to the Planning and Zoning Commission for consideration at a Public Hearing. The Planning and Zoning Commission unanimously recommended approval of the amendments to the Zoning Ordinance with the following three changes: 1. Reduction in the amount of time a temporary storage unit or refuse container could remain on a property, not associated with a building permit, from 30 to 15 consecutive days, with one 15-day administrative extension permitted, as opposed to one 30-day extension; Regular Meeting Page 11 November 18, 2013 2. Addition of a provision stating that regardless of whether they are associated with a building permit, temporary refuse containers filled in excess of the height of the container must be emptied within 5 calendar days; and 3. All temporary storage units must be equipped with a locking device. Staff suggests, for clarification purposes, to amend the first point under the proposed regulations for temporary storage units and refuse containers to state: "residentially -zoned property" rather than just "residential" property. Additionally, Staff suggests with regard to definition of temporary refuse container, the terms dumpster, bag or any other medium utilized for storing refuse and/or waste should be added to cover the oversized refuse bags and any other type of storage mechanism which may be utilized for that specific purpose. Under point number 5, Staff is recommending the term "dumpster" be changed to container to remain consistent with the definition. Under point number 7, Staff believes the phrase "while actively being utilized" be added, and under point number 8, Staff suggests making the clarification that temporary refuse containers are not permitted in public rights -of -way, unless they are waiting to be picked up, but in no circumstances should the container be in the public rights -of -way for longer than five (5) working days. Motion by Condon, seconded by Santi, approving the amendments to the Zoning Ordinance regarding carports, temporary refuse and storage containers, with the conditions and regulations suggested, together with the language modifications suggested by Staff. Alderman Condon opined she supports the amendments and has no issues with the language modifications proposed by Staff, however, would like to keep the original 30-day limit proposed by the Community Development Department rather than the 15-day limit proposed by the Planning and Zoning Commission. She stated she has no issues with a 15-day extension. Her reasoning is that when construction is taking place, often there are delays, so the process takes time. Alderman Glab opined that the timeframe proposed by the Planning and Zoning Commission is sufficient. Alderman Glab stated he has an issue with the sizes of containers being permitted if there is a 30-foot setback requirement. He suggested the matter be put on hold until the next Council meeting, pending further review by Staff. Alderman Peterson concurred with Alderman Glab, recognizing that as currently written the Ordinance could pose a hardship for someone with a shorter driveway. Following discussion, Alderman Condon withdrew her Motion and Alderman Santi withdrew his second. Motion withdrawn. Regular Meeting Page 12 November 18, 2013 RESOLUTION SETTING PROPERTY TAX LEVY REQUEST FOR 2014 AT $5,001,485.00; AND ESTABLISH A DATE OF DECEMBER 2, 2013 TO CONDUCT A PUBLIC HEARING TO CONSIDER APPROVAL OF THE PROPERTY TAX LEVY City Administrator Morefield informed Council as a "Home Rule" community the City of McHenry is no longer subject to the Property Tax Extension Limit Law ("PTELL"), which limits increases to residents' property taxes by preventing a local government's property tax levy from growing at a faster pace than the rate of inflation. He noted that despite this, the City for the last four years has continued to set the property tax levy as if it is subject to PTELL. The levy must be approved by the City Council and submitted to the McHenry County Clerk by the last Tuesday in December, which is the 31st. The schedule is to present the Property Tax Resolution indicating the levy amount and Public Hearing date to the Council, hold the Property Tax Public Hearing and adopt the levy amount at the December 2, 2013 City Council meeting. City Administrator Morefield reiterated that based on the Fiscal Year 2013/2014 Budget, municipal General Fund Revenues are comprised of: a 34.5% state sales tax; • 28.6% property tax; and • 11.2% state income tax. The remaining amount comes from other intergovernmental, local or miscellaneous sources. The recent economic downturn has resulted in a reduction in overall revenues generated by these sources. In an effort to meet these economic challenges, the City Administration and Council has taken a number of steps to reduce municipal expenditures, in order to ensure the adoption of an annual budget that is balanced. Despite reductions, certain operational costs continue to rise. Additionally, there are a significant number of capital projects that require attention by the municipality, including a $32 million Street Program, nearly $2 million in Parks Improvements (including $100,000 in ADA compliance improvements), more than $1 million in Stormwater/Drainage projects, and more than $1 million in various maintenance related improvements to existing public facilities. For the last two years the City has approved and submitted a levy request that was equal to the levy adopted in 2010. This was an effort to be mindful of the economic climate and specifically, the related property tax burden on McHenry residents. While the Administration intends to continue to take a conservative approach to reducing operational expenditures and enhancing efficiency to achieve cost savings in an effort to be able to address some of the issues, City Administration is recommending an increase in the City's property tax rate from 0.744546 to 0.781773. This represents a change from $4,761,610 collected in 2012 to $5,001.485 in 2013 (an increase of $239,875). In identifying this amount for recommendation, two items were taken into consideration. Regular Meeting Page 13 November 18, 2013 1. The City is a member of Northern Illinois Special Recreation Association ("NISRA"), an organization that provides year round recreational opportunities for individuals with disabilities. Membership is beneficial to the City because NISRA provides specialized services to residents with needs, funded through the City's membership dues, which would otherwise require funding by the municipality at a significantly higher cost. In Fiscal Year 2013/2014 the City of McHenry paid approximately $124,000 in dues to NISRA. Funding currently comes from the General Fund and therefore, decreases the amount of resources available to this Fund for the implementation of programs, projects and services. Additionally, the City completed a mandatory Americans with Disabilities Act ("ADA") facility/site audit in January 2013. The findings of the audit include a number of required ADA accessibility improvements, with an estimated cost of $100,000. These improvements have been included in the CIP and must receive priority in order to achieve ADA compliance. Implementing a levy increase for the purpose of funding NISRA dues and related projects would generate additional revenues of approximately $146,000. A portion of the funds would go toward NISRA dues and the balance would be utilized to fund ADA capital improvements. 2. The Police Pension Board has estimated an additional $94,000 would be required in Fiscal Year 2014/2015 for the Police Pension Fund. Council may recall in past years the Fund had fallen behind funding requirements and the City Administration and Police Pension Board have been working diligently to bring the fund current. The City Administration strongly believes it is important to continue participation as a member of NISRA and also in fully funding the Police Pension Fund increases and believes that an increase in the tax levy to account for the costs is appropriate at this time. City Administrator Morefield noted that this matter was brought before the Finance and Personnel Committee at a meeting on November 11, 2013, and the increase as recommended was passed unanimously. City Administrator Morefield stated that it is estimated that the owner of a home valued at $200,000 in the City of McHenry would pay an additional $24.82 per year in taxes to the municipality if Council approves the levy. He noted further, that the increase is of the proposed municipal rate increase only and that individual property tax amounts may also be impacted by an overall decline or increase in Equalized Assessed Value ("EAV") and/or by actions taken by other taxing jurisdictions that comprise the total property tax bill, and that in 2012 that portion of a resident's tax bill directed to the City of McHenry was 6.93% of the total amount of the tax bill. Regular Meeting Page 14 November 18, 2013 Staff is requesting, based on the information presented and the unanimous recommendation of the Finance and Personnel Committee meeting, approval of the Resolution setting the levy request for 2013 (collected in 2014) at $5,001,485; and establishing the date of Monday, December 2, 2013 as the date to conduct a Public Hearing and consider approval of the property tax levy. Alderman Glab opined that he is unable to support a tax levy of 5%, when PTELL would be 1.7%, during the continuing at economic climate. He stated that where many people are concerned any increase, regardless of the amount, would be considered a substantial amount of money. A discussion ensued. Motion by Wimmer, seconded by Condon, (1) approving the Resolution setting the levy request for 2013 (collected in 2014) at $5,001,485; and (2) establishing the date of Monday, December 2, 2013 as the date to conduct a Public Hearing and consider approval of the property tax levy. Voting Aye: Santi, Blake, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: Schaefer. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low noted that in spite of severe weather conditions the turnout was good for the Christmas Walk and Winter Taste-Fest, although the parade was cancelled due to weather. She announced the Toys-forTots Parade, hosted by the McHenry Area Jaycees, will take place on Sunday, November 24, 2013 at 1:00 pm. The parade will be staged on Main Street and conclude at Veterans Memorial Park. The traditional Presentation of Toys will be made to the U.S. Marine Corps, on behalf of the local Harley Owners Group, followed by an appearance by Santa Claus in the park and the tree lighting. COMMITTEE REPORTS Alderman Condon informed Council that the Community Development Committee met last week and minutes of the meeting would be forthcoming. She noted a suggestion was posed by a member of the Committee that while the Community Development Committee meetings have been held on Tuesdays, in future they be held on Monday evenings, at 7:00 pm, on non - City Council dates in the Alderman's Conference Room. Alderman Condon recognized and thanked Deputy City Administrator Martin for his guidance, throughout the year, during the Community Development process. STAFF REPORTS Deputy City Administrator Hobson informed the Council that the Turkey Trot for Hospice 5K would begin at 8:00 am on November 28, 2013. There is still an opportunity to register. He stated the course begins on Waukegan Road, winding through the Country Club Estates Regular Meeting Page 15 November 18, 2013 neighborhood and culminates at McHenry High School East Campus. For more information he suggested: http://mchenryturkeytrot.com FUTURE AGENDA ITEMS Alderman Glab informed Council he has noticed a great deal of activity at the gun range and inquired about whether they have an occupancy permit. He stated he noticed no screening around the duct work on the structure. ADJOURNMENT Motion by Wimmer, seconded by Blake, to adjourn the meeting at 9:36 pm. Voting Aye: Santi, Glab, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. The meeting adjourned at 9:36 pm. Ma o� City Clerk