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HomeMy WebLinkAboutMinutes - 12/02/2013 - City CouncilREGULAR MEETING December 2, 2013 Mayor Low called the regularly scheduled December 2, 2013 meeting of the McHenry City Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer, Blake, Wimmer, Peterson and Condon. Absent: None. 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, City Attorney McArdle, Engineer Pieper and City Clerk Jones. Absent: None. PUBLIC HEARING: CITY OF MCHENRY 2014 TAX LEVY ORDINANCE AND UPON CLOSE OF THE PUBLIC HEARING, CONSIDERATION OF A RESOLUTION DETERMINING THE AMOUNT OF FUNDS TO BE LEVIED FOR THE 2014 TAX YEAR THROUGH REAL ESTATE TAXES FOR THE CITY OF MCHENRY, FOR AN AMOUNT NOT TO EXCEED $5,001,485 Mayor Low opened the Public Hearing at 7:30 pm. City Administrator Morefield reiterated that on November 18, 2013, the Council considered and approved a Resolution Determining the Amount of Funds to be Levied for the 2013 Tax Year Through Real Estate Taxes for the City of McHenry. He noted that while the Truth in Taxation benchmark requiring a Public Hearing is 105% of the comparable 2012 tax extensions, with the 2013 increase recommended at 5%, a Public Hearing is not required. However, the City Administration and Council felt strongly that the public have an opportunity to provide comment as part of the levy process. City Administrator Morefield, again, stated that an approved -Tax Levy Ordinance must be filed by the last Tuesday of December, which is December 31, 2013. Staff believes that the EAV in the City will decrease for the fifth consecutive year. The estimate of EAV for 2013 is $585,475,981, which is 8.45% less than the 2012 EAV. The estimate includes reassessments of existing property (primarily residential and commercial) with a limited amount of new growth. The County Assessors use a three year history of property values, including sales experience in determining the reassessment or current valuation. The history reflects three years of declining selling prices, which caused Staff to predict another year with a decrease. The estimated tax rate for 2013 would be 0.8543 per $100 EAV, with the increase attributed to the decline in property values. Staff is recommending that following the Public Hearing, Council consider the 2013 Property Tax Levy Ordinance, in an amount not to exceed $5,001,485. Mayor Low requested comments from Council. Responding to an inquiry from Council regarding efforts made by City Administrators to cut expenses, City Administrator Morefield stated that the workforce at the City has been reduced by 22 positions since 2006 and there have been wage freezes. Regular Meeting Page 2 December 2, 2013 Responding to Alderman Glab's inquiry regarding how much of the $4.7 million assessed last year was actually collected, Director of Finance Lynch stated that approximately 95% was actually collected, and that 100% is never collected. Alderman Santi inquired whether decreases of line items in the budget have been considered. City Administrator Morefield stated that since the 2006/2007 Fiscal Year Budget, the budget has been steadily scrutinized. Responding to an inquiry from Alderman Schaefer, Deputy City Administrator Hobson provided Council with a detailed description of how NISRA functions in the City of McHenry. City Administrator Morefield noted that the services are mandated. Responding to an inquiry from Alderman Schaefer regarding ADA improvements, Deputy City Administrator Hobson assured Council that the improvements are mandated. While there is no specific time set for completion, it is a requirement that continued improvements be completed. Alderman Wimmer inquired what would occur if the Police Pension Fund simply was not funded. Director of Finance Lynch stated that the City could be required to fund the Police Pension Fund. Alderman Peterson inquired about the possibility of sales tax increases. Director of Finance Lynch stated that the sales tax has remained at a flat rate. Alderman Condon stated she loves the City of McHenry and while she represents Ward 7, as a member of the Council she must look at what is in the best interest of the entire community. Staff and Council have done everything possible to balance the budget. It takes money to run a City. Alderman Condon noted that she is well briefed prior to attending a meeting and generally has an idea of how she will vote on a given topic. She stated, however, that she is always willing to listen to someone else's opinion and respects their right to that opinion. Alderman Blake concurred with Alderman Condon. Additionally, he stated he is having a difficult time with a tax levy. He recognizes that people are still struggling due to the economy and opined that property taxes in McHenry County are extraordinarily high already. Alderman Glab also reiterated that people are struggling financially and have no room for additional cuts in their budgets. He inquired whether the property tax would affect commercial properties also. He opined that he believes there is still room in the budget for additional cuts. Responding to an inquiry from Alderman Glab regarding when the Home Rule sales tax was created, Director of Finance Lynch stated it was created in 2010. Regular Meeting Page 3 December 2, 2013 Mayor Low requested comments from the audience. Mr. Anthony Pintozzi, 3510 Larkin Lane, address Council. Mr. Pintozzi asked the audience who is in favor of a 5% tax increase. No one in the audience responded affirmatively. Mr. Pintozzi thanked Staff for responding so expeditiously when he requested a copy of the budget. He advised Council that he went over the budget four times and believes there is still room for some cuts. He stated that many cuts have been made in the private sector. He stated that he was surprised at the salaries made by some Staff members and disturbed by the amount of the tax rebate received by a car dealership. Ms. Geri Davis, 3202 Golfview Terrance,. addressed Council. She stated it is not the amount of the tax that she has an issue with, but the principle. She opined that no taxes should be raised in this economy and there is no real justification to raise taxes. Mrs. Samantha Adams addressed Council. She stated she realizes the City has to have funds to function, but the Council needs to recognize that household incomes in the City of McHenry are down. Alderman Condon addressed Mr. Pintozzi. She explained that she does not want to vote in favor of a tax increase and she appreciates the fact that everyone is making an effort to get by with less during the poor economy. Alderman Condon stated that while she might not agree with what those in the audience may have to say, she respects that they have taken the time to attend the Public Hearing. She stated that she takes a great deal of pride serving the community and her decisions are not based on whether or not she will be re-elected. Alderman Santi opined he would like to see the City continue to look at tightening up line items in the budget just a little more, rather than increase the tax levy. Alderman Schaefer stated he appreciates the time that everyone in the audience has given up to attend the Public Hearing. He inquired whether other taxing bodies have been perused. He noted that he is always appreciative of participation from the public. Alderman Blake concurred with Alderman Schaefer. He opined Council is often unaware about how the majority of constituents feel. Alderman Peterson inquired whether there is ever a time limit on a tax levy. He asked if the tax levy went up this year, could it be reduced next year. City Attorney McArdle stated that it could be added as a line item to the tax bill by the County Clerk. Alderman Glab opined that he would like to see the tax remain where it is, with no increase. Regular Meeting Page 4 December 2, 2013 Responding to an inquiry by Alderman Wimmer regarding whether salt use could be decreased, Director of Public Works Schmitt explained that it has already been reduced by 30%. Responding to an inquiry from Alderman Schaefer regarding whether this tax levy is all or nothing, City Administrator Morefield stated that the tax levy amount is just not to exceed. Responding to an inquiry from Alderman Blake regarding whether the amount of the levy could be changed, City Attorney McArdle stated that if Council chooses to vote in a lesser levy it must be changed and with the date the levy must be filed nearing, there is little time for revision. Motion by Santi, seconded by Blake to close the Public Hearing regarding City of McHenry 2014 Tax Levy Ordinance and consideration of a resolution determining the amount of funds to be levied for the 2014 tax year through real estate taxes for the City of McHenry, for an amount not to exceed $5,001,485. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Public Hearing closed at 8:27 pm. Motion by Glab, seconded by Santi to leave the levy the same as it was in 2012, $4,761,635. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson. Voting Nay: Condon. Absent: None. Motion carried. Responding to an inquiry from Alderman Condon, Director of Finance Lynch explained what could be expected with the levy remaining at the same level. Mayor Low thanked those individuals in attendance. She opined she is pleased with the respectful exchange and urged anyone with questions to contact the City Administrator's office. PUBLIC HEARING: OAKS AT IRISH PRAIRIE SUBDIVISION AMENDMENT TO ANNEXATION AGREEMENT AND UPON CLOSE_ OF THE PUBLIC HEARING, CONSIDERATION OF ACTION RECOMMENDED IN THE PUBLIC HEARING Mayor Low requested a motion continuing the Public Hearing regarding the proposed amendment to the Oaks at Irish Prairie Subdivision Annexation Agreement be continued at the City Council meeting on December 16, 2013. Regular Meeting Page 5 December 2, 2013 Motion by Wimmer, seconded by Peterson continuing the Hearing regarding the proposed amendment to the Oaks at Irish Prairie Subdivision Annexation Agreement to the City Council meeting on December 16, 2013. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. PRESENTATION: MCHENRY AREA CHAMBER OF COMMERCE Paula Dudley, Advertising Director at the Northwest Herald, and member of the Board of Directors of the McHenry Area Chamber of Commerce provided Council with copies of McHenry Now 2014 Magazine. Dennis Norton, Performance Unlimited and 2nd Vice Chairman of the McHenry Area Chamber of Commerce provided Council with information regarding upcoming events. • November 21—Annual Shop With a Cop o Raised over $14,000 this year o On December 8 underprivileged children will shop with a cop at Wal-Mart • December 3 —Annual Chamber Christmas Party • January 25, 2014 —Annual Chamber Gala Linda Showens, Artistic Embroidery Creations and Corporate Secretary to the McHenry Area Chamber of Commerce, addressed Council. She stated the Chamber is excited and looking forward to the annual Christmas Walk on Saturday, December 17 and Sunday, December 18. Additionally, she informed Council that on March 15, 2014, there would be an Expo within the Expo sponsored by.the McHenry Area Chamber of Commerce entitled "Life is a Journey." She suggested anyone interested in additional information contact the Chamber of Commerce or go online at www.mchenrychamber.com Mayor Low announced to the audience that Council has just begun having members of the Chamber come before Council quarterly with news of upcoming events in the community. PUBLIC INPUT SESSION Mr. John Landon, 3202 Golfview Terrace, addressed Council regarding the residential teardown at 3208 Golfview Terrace. He stated that he lives at the bottom of the hill. He opined that new construction should blend in with the surrounding properties. Mr. Landon expressed concern that construction on impervious surfaces will have a negative impact on surrounding properties. Mr. Landon requested a written guarantee there would be no run-off onto his property. Regular Meeting Page 6 December 2, 2013 Ms. Nancy Fike, 2913 N. Virginia Avenue, addressed Council regarding the residential teardown. Ms. Fike stated that the proposed structure is more than three times larger than any other structure in the area. She opined that side lot variances are not justified in this case. CONSENT AGENDA A. Approval of 1) 2014 Fiesta Days Schedule of Events; 2) use of Police and Public Works services; 3) Special Event Liquor License; and 4) temporary advertising signs in municipal right-of-ways; B. MFT Resolution for 2014 state purchase of rock salt; C. 1) Resolution supporting the reclassification of Dartmoor Drive from Crystal Lake Road to Curran road as a major collector urban route; Veterans Parkway from Barreville Road to Route 31 as a minor collector urban route; Prime Parkway/Ridgeview Road from Route 31 to Bull Valley Road as a major collector urban route; and, Martin Road from Ringwood Road to Route 120 as a minor collector urban route; and 2) submittal of application requesting approval to the McHenry County Council of Mayors, Illinois Department of Transportation, Federal Highway Administration and Chicago Metropolitan Agency for Planning; D. Special Use/Picnic Permit; and E. List of Bills: ADAMS ENTERPRISES INC, R 32.55 ADAMS STEEL SERVICE INC 420.19 ANDERSON, LORI 162.75 ARAMARK 257.44 AT&T 2,983.53 AUTO TECH CENTERS INC 523.70 BAKER & SON CO, PETER 9,079.84 BATTERIES PLUS #456 257.88 BPH PUMP & EQUIPMENT INC 364.80 BUSS FORD SALES 57.28 CDW GOVERNMENT INC 356.72 CENTEGRA OCCUPATIONAL HE 78.40 CHICAGO CHAIN & TRANSMIS 929.70 CHICAGO INTERNATIONAL TR 688.30 CHRISTOPHER, DAVID 142.67 COMED 3,322.89 COMMUNICATIONS REVOLVING 10.00 COUNTY CLERKS OFFICE 10.00 CRESCENT ELECTRIC SUPPLY 39.18 CUSTOM LANDSCAPING 920.00 DELAWARE COUNTY SHERIFFS 250.00 DOCUMENT IMAGING DIMENSI 445.00 DREISILKER ELECTRIC MOTO 286.40 DUCAK, KELLY 60.85 ED'S RENTAL & SALES INC 545.80 FAMILY TAILOR SHOP 19.00 FISHER, MARC 51.34 FLESCH COMPANY INC, GORD 159.15 FOXCROFT MEADOWS INC 587.40 FUTURE LINK OF ILLINOIS 9,558.52 GASVODA & ASSOCIATES INC 1,118.24 HAWKINS INC 6,837.25 HOUFF COMPANY, THE ROY 312.75 HRGREEN 13,802.14 HYDRAULIC SERVICES AND R 295.72 ICC 125.00 KIESLER'S POLICE SUPPLY 900.08 KIMBALL MIDWEST 629.78 KING, LAURA 25.15 L&S ELECTRIC INC 130.00 LUNSMANN, JOAN 17.57 MCHENRY ANALYTICAL WATER 570.00 MCHENRY COUNTY RECORDER 250.00 MCHENRY FIRESTONE 1,546.24 MCHENRY TOWNSHIP FIRE PR 180.00 METROPOLITAN INDUSTRIES 681.34 MEYER MATERIAL COMPANY 213.30 MID AMERICAN WATER OF WA 2,388.69 MIDWEST HOSE AND FITTING 191.98 Regular Meeting Page 7 December 2, 2013 MOTOROLA SOLUTIONS - STA 1,768.00 NESTER, F PETER 128.93 NICOR GAS 5,182.43 NORTH SUBURBAN WATER 45.00 NORTHERN KEY & LOCK INC 1,035.00 NORTHWEST POLICE ACADEMY 50.00 ONEYS TREE FARM 300.00 PARDUE, RYAN 37.77 PETROLIANCE LLC 4,428.53 PETTIBONE & CO, P F 550.49 PITEL SEPTIC INC 468.75 POLIDORI, PATRICK 29.60 POPP, LARRY 426.11 QUILL CORPORATION 113.42 RESERVE ACCOUNT 1,195.50 ROC CONSTRUCTION SUPPLY 44.28 SCHMITT, MATTHEW 7.50 STANS OFFICE TECHNOLOGIE 235.24 STAPLES ADVANTAGE 178.47 STAPLES CREDIT PLAN 67.05 SUNNYSIDE COMPANY 84.86 TARGET T-892 100.00 TOBIN, TRACY 72.00 USA BLUEBOOK 128.93 VIKING CHEMICAL COMPANY 8,681.88 WASTE MANAGEMENT OF WI P 7,390.50 ZARNOTH BRUSH WORKS INC 335.00 ZUKOWSKI ROGERS FLOOD & 29,505.00 ZUMWALT, JACK D 16.00 GRAND TOTALS 125,424.75 FUND TOTALS GENERAL FUND 61,513.41 TIF FUND 540.00 RECREATION CENTER FUND 8,462.50 CAPITAL IMPROVEMENTS FUND 5,319.64 WATER/SEWER FUND 33,550.96 INFORMATION TECHNOLOGY FUND 10,903.55 RETAINED PERSONNEL ESCROW 5,002.50 POLICE PENSION FUND 112.19 TOTAL 125,424.75 Motion by Wimmer, seconded by Blake, to approve the Consent Agenda as presented, with correction to the date in Veterans Memorial Park from Thursday, July 18 to Thursday, July 17, as indicated by Staff and leaving the sales cut off time for beer service/sales at 10:45 pm. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Alderman Glab stated he is not in agreement with calling Dartmoor Drive a major collector urban route. He opined there are other roads in the City that are more major. Alderman Condon also expressed concern regarding Dartmoor Drive. Responding, Director of Public Works Schmitt stated the changes were made by the Illinois Department of Transportation ("IDOT") because of the potential for federal funding. Regular Meeting Page S December 2, 2013 Responding to Alderman Glab's inquiry whether Dartmoor Drive could be designated a pleasure drive; Director Schmitt stated that he would research the possibility and advise Council. COMMITTEE RECOMMENDATION TO FORWARD TO THE CITY COUNCIL REQUESTS FROM JEFF AND JAMIE GRUBICH FOR VARIANCES FROM MUNICIPAL CODE ARTICLE XIV RESIDENTIAL TEARDOWN SITES AND INFILL PROPERTY SPECIAL REQUIREMENTS, FROM 1) SIDE YARD SETBACK REQUIREMENTS AND 2) ALLOW DEMOLITION OF 3208 GOLFVIEW PRIOR TO EXPIRATION OF THE 60-DAY NOTICE REQUIREMENT AFTER NOTICE REQUIREMENTS HAVE BEEN SATISFIED OR AN APPLICATION IS APPROVED BY THE TEARDOWN COMMITTEE FOR THE CONSTRUCTION OF A RESIDENTIAL ADDITION AT 3214 GOLFVIEW Deputy City Administrator Martin informed Council that in accordance with the City's Residential Sites and Infill Properties Special Requirements Ordinance in the Municipal Code, all proposed residential teardowns are to be reviewed by a Committee. The Teardown Committee meeting took place on November 7, 2013 and by a vote of 4-1 approved the proposal by applicant to construct the addition to the applicant's existing home located at 3214 Golfview, in accordance with the plans submitted, subject to obtaining the three variances from Council. Deputy City Administrator Martin stated that typically the Committee's decision would be the last step in the review process, other than Staff's building and engineering reviews. However, the applicant is seeking variances from the Teardown Ordinance. Currently, however, the Teardown Ordinance contains no procedure granting authority to the Committee to grant variances from the Ordinance. Any variances requested by applicants require consideration and approval by the City Council. The subject property is zoned RS-4, which includes a minimum side yard setback of six feet; however, the Teardown Ordinance required the side yard setback on a lot having a lot width that exceeds the average width of all the lots on the same block to be increased by the same proportion as the lot width. The total lot width of the subject property, including 3708 Golfview and 3214 Golfview, is 250 feet. The average lot width of the lots within the same block is approximately 78.5 feet, which would require a side yard setback of 19.1 feet for the subject property. The proposed side yard setback is currently 8 feet from the east property line and 7 feet from the west property line, so a variance from this provision is required. Additionally, applicant is seeking permission to demolish the home at 3208 Golfview, as soon as possible. The Teardown Ordinance states that no demolition can occur until sixty days after the notice requirements have been met or an application is approved by the Teardown Committee, whichever occurs last. Sixty days following notification requirements would be December 25, 2013. The applicant is seeking a variance from this provision of the Ordinance from the Council. Deputy City Administrator Martin advised Council that the current plans for the project depict three (3) driveway curb cuts and in accordance with the City's Subdivision Control and Regular Meeting Page 9 December 2, 2013 Development Ordinance, only two are permitted. This request from the applicant must be considered by the Planning and Zoning Commission, however, prior to a final decision on the request being made by the City Council. He noted, as yet, applicant has not presented the request to the Planning and Zoning Commission, so this variance request will be coming back to Council following consideration by the Planning and Zoning Commission. Deputy City Administrator Martin informed Council that ten members of the public spoke at the meeting of the Teardown Committee. Several spoke in favor of the project and had no specific problems with the project moving forward. Major concerns expressed against the project dealt with adverse impacts, which could result from water runoff onto neighboring properties, setting a precedent if this project is approved regarding future teardown requests, the size of the proposed addition and the desire to maintain the neighborhood in its current condition. The Teardown Committee voted to approve the applicant's petition for a residential teardown request by a vote of 4-1, with the finding that the applicant has conformed to the requirements of the City's Residential and Infill Properties Special Requirements Ordinance in the Municipal Code, subject to obtaining the requested three variances from Council. If Council concurs with the Teardown Committee, it is recommending variances to Article XIV. Residential Teardown Sites and Infill Properties Special Requirements Ordinance in the Municipal Code be approved to allow the following: • To allow a side yard building setback of seven (7) feet on the west side of the property and eight (8) feet on the east side of the property; and • To allow the demolition of the home at 3208 Golfview prior to the expiration of sixty (60) days after the notice requirements have been satisfied or an application is approved by the Teardown Committee, whichever occurs last. Alderman Santi stated that he is a member of the Teardown Committee and that he voted in favor of the project. Alderman Glab opined that he is completely uncomfortable with the entire project, and stated he would like to see the engineering prior to making any decision. Responding to an inquiry from Council, Deputy City Administrator Martin stated the applicant has paid the required application fee of $175. Alderman Schaefer opined that he would like to see additional information regarding drainage. Deputy City Administrator Martin stated that final engineering plans have not yet been submitted. Alderman Condon expressed concerns regarding engineering of the project. She noted that the Community Development Committee would be reviewing the Design Guidelines in the future. Alderman Santi stated that it is his understanding that the applicant has employed two Regular Meeting Page 10 December 2, 2013 engineering firms to assess the project, and additionally the City's engineering firm HR Green would be reviewing the submissions from the applicant. Responding to Alderman Glab's inquiry regarding the City's drainage ordinance regarding detention, Chad Pieper of HR Green, the City's engineering firm, stated it is directly related to impervious surface and size of a structure. The Ordinance states that 10,000 square feet is the cut-off and adopted from the County of McHenry ordinance, word-for-word. Mayor Low, acknowledging Council's concerns, stated that the matter requiring Council's attention this evening are variances. Motion by Santi, seconded by Wimmer, approving variances to Article XIV. Residential Teardown Sites and Infill Properties Special Requirements Ordinance in the Municipal Code be approved to allow the following: • To allow a side yard building setback of seven (7) feet on the west side of the property and eight (8) feet on the east side of the property; and • To allow the demolition of the home at 3208 Golfview prior to the expiration of sixty (60) days after the notice requirements have been satisfied or an application is approved by the Teardown Committee, whichever occurs last. Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson. Voting Nay: Glab, Condon. Absent: None. Motion carried. APPROVAL OF AN ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 13 ARTICLE VI SEC. 13-606(b) CHANGING THE TERM OF A MUNICIPAL PARKING PASS FROM A QUARTERLY PURCHASE TO AN ANNUAL PURCHASE Deputy City Administrator Hobson informed Council that the City currently offers parking passes on a quarterly basis to the downtown lots located on: • Main Street; • Court Street; • Green Street; and • Riverside Drive. The passes are available for $15 for a period of three months. Purchases of the passes are predominantly downtown residents, downtown business owners and their employees. Frequently, the Administration receives requests to make the passes renewable annually so that the passes do not have to be renewed, or repurchased, every three months. The proposed Ordinance changes the parking passes to an annual basis, with accommodations to prorate the fees halfway through the year. Regular Meeting Page 11 December 2, 2013 Staff believes the modification to the parking passes would be less cumbersome for residents, business owners and their employees. Additionally, annual renewal would make the program more efficient for Staff from an administrative standpoint. Motion by Schaefer, seconded by Blake, authorizing the Mayor's execution of an Ordinance amending Chapter 13, Article VI Section 13-606-B to change from quarterly parking passes to annual parking passes in the downtown permit parking. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. COMMITTEE RECOMMENDATION TO APPROVE VARIOUS AMENDMENTS TO MUNICIPAL CODE CHAPTER 19, SOLICITORS AND TRANSIENT MERCHANTS Deputy City Administrator Martin reiterated to Council that amendments to the Solicitors and Peddlers Ordinance were approved by Council in 2007, in anticipation of the Riverwalk construction and requests from people to sell their wares along the Riverwalk. The amendments addressed orders of preference with regard to transient merchant applications. • First preference, applicants who own or operate a business within the City; and • Second preference, granted to out-of-town businesses. In accordance with the current ordinance, ten licenses are reserved for Riverwalk peddling activity, which can be issued for one-year periods of time. Additionally, a map of peddling locations along the Riverwalk was put together by the Community Development Committee and Guidelines for transient merchants along the Riverwalk was completed. A maximum of two licenses per month was established for City-wide peddling and licenses are good for 30-day periods of time. In the past, the City has discouraged out -of -City vendors from coming into the City and selling their goods on a temporary basis on vacant lots (i.e., garden shops, carpet sellers, etc.). These operations take business away from local stores. Deputy City Administrator Martin informed Council that during the past several months, Staff has had problems with peddlers going door-to-door in the City. He noted that the difference between a peddler and a solicitor is a peddler works for a "for -profit" company and solicitors generally solicit on behalf of "not -for -profit" organizations. The issues Staff is encountering are primarily related to peddlers. Issues Staff has dealt with include: • Pressuring residents; • Misrepresenting who they are working for (i.e., energy providers stating they work for ComEd); Regular Meeting Page 12 December 2, 2013 • Peddling without a license; • Having more peddlers than stated on the Application; • Not returning licenses after the 30-day time period expires. o Once peddlers receive a license it is difficult for Staff to control what they do and staff has received numerous complaints from residents about the issues. Staff has researched regulations from other communities and learned that the City of Woodstock does not permit peddling at all. If someone wants to seek out residents, they have to call first or send a postcard and obtain an invitation to their home. At the June 11, 2013 meeting the Community Development Committee considered amendments to the Solicitors and Transient Merchants Ordinance. It was the consensus of the Committee to amend the Ordinance to eliminate City-wide peddling due to the numerous complaints received regarding those issues indicated above. The Committee decided to recommend restricting peddling to areas on the Riverwalk only and solicitation to people/organizations based solely in the City of McHenry. Deputy City Administrator Martin noted that the Community Development Committee discussed these issues at length at both their July 9, 2013 meeting and September 24, 2013 meeting. Staff and the Community Development Committee also discussed the issue of restricting solicitation to group/organizations based solely within the City of McHenry's corporate limits, which would exclude larger organizations based outside of the City, which have traditionally solicited in the City for many years (i.e., Girl Scouts, YMCA Camp Duncan, The Salvation Army and Misericordia Heart of Mercy). These types of organizations solicit in front of grocery and other retail stores. While some people in these organizations may be from the City of McHenry, the larger organization or chapter in the case of the Girl Scouts, are based outside of the City. Groups such as these sign up annually with the City to solicit for one weekend day only at one or more businesses. These are called tag days. A tag day is defined as when collectors for a charitable organization solicit donations, giving each contributor a tag. The current City Ordinance restricts solicitor's permits to two per month. There can be two tag day organizations in one month; however, they cannot have the same tag day. Staff has never had any problems with the tag day organizations. Historically, all soliciting within the City has been done in the form of a tag day. The Committee recommends leaving tag days as they are currently regulated and exempting certain organizations, such as national organizations with a local chapter, as well as schools (i.e., District 15 and District 156) and Boy Scout and Girl Scout organizations. Staff has discussed the proposed amendment with the City Attorney, who raised a few concerns. Specifically, he cautioned the City about regulating not -for -profit organizations differently than for -profit organizations and treating both similarly in terms of what restrictions are placed on them. He indicated that exempting the school districts from requirements of the Regular Meeting Page 13 December 2, 2013 ordinance and limiting solicitation to McHenry -based organizations could be problematic. He cited an existing Illinois Supreme Court case, whereby the Village of Downers Grove attempted to regulate commercial and non-commercial solicitation differently. The ordinance placed more restrictions on commercial solicitors than non-commercial solicitors. The Court ultimately found the Ordinance to be invalid and unconstitutional even though the primary goal of the Village was to protect its citizenry from fraud, annoyance, disturbance and harassment from door-to- door solicitation, similar to what the City of McHenry is attempting to do. The Ordinance the City of McHenry adopts regarding this issue will be presumed valid unless determined otherwise by a court of law through a future legal challenge. This holds true for any ordinance the City adopts however, and as previously stated, other communities have passed ordinances regarding transient merchants and peddlers, which are more restrictive and the majority of these ordinances are still in place. Staff discussed these concerns with the members of the Community Development Committee, which chose to continue to move forward with the proposed amendments. Alderman Schaefer stated he is pleased to see the amendments. Alderman Wimmer concurred. Alderman Condon, Chairman of the Community Development Committee informed Council that the issues came before the Committee, and were reviewed several times. She stated that the amendments were generated by complaints from the community. Motion by Schaefer, seconded by Santi, approving the Ordinance authorizing amendments to the Municipal Code regarding solicitors and transient merchants, as presented. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. COMMITTEE RECOMMENDATION TO WAIVE MUNICIPAL CODE CHAPTER 16, SEC. 16-41(a)(b), ADVERTISING AND SIGNS, TO PERMIT ADVERTISING IN MCBARK PARK Deputy City Administrator Hobson informed Council that on September 4, 2013, the City opened the McBark Dog Park. To date there are 86 registered users of the park and 107 total dogs. At the Parks and Recreation Committee meeting held on November 11, 2013 the Committee discussed the potential for sponsorship banners to be placed inside McBark Park. Council was approached by a resident business during public input inquiring about sponsorships in the park. Staff followed up on that conversation with the local businessman and attempted to identify some alternatives. The following is a proposed structure for sponsorships: Regular Meeting Page 14 December 2, 2013 • 2' x 4' full color banner with the graphics supplied by the business. o Resident business: $500 per year o Non-resident business: $750 per year. Staff believes the advertising banners would provide a way to partner with local businesses, generate awareness of the new facility and introduce additional revenue to the park. The additional revenue would be considered in the discussion regarding a review of the fees for the park versus the annual operating expense and the future price point for an annual pass. The signs would be mounted on posts placed inside the park and would not be visible from the parking lot. The advertising would require waiver of Chapter 16-41 of the Municipal Code that prohibits advertising in the park. Alderman Condon stated that she has heard complaints regarding the fee structure at McBark Park being excessive. If the fees could be lowered it would be beneficial to the community. Responding to an inquiry from Alderman Glab regarding the signage being 1-sided or 2- sided, Deputy City Administrator Hobson stated that the signs would be 1-sided; the back of the sign would be white and face the retaining wall. Staff is hoping to get ten businesses interested in advertising. Motion by Condon, seconded by Santi, waiving Chapter 16-41 of the Municipal Code and allowing for placement of advertising signage at the McBark Dog Park on an annual basis. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. AUTHORIZE EXECUTION OF A PROPOSAL FROM FGM ARCHITECTS FOR COMPLETION OF THE MCHENRY MUNICIPAL COMPLEX SPACE NEEDS STUDY FOR $18,850 Deputy City Administrator Hobson informed Council that the Municipal Center was built and opened in 1991. Since that time, the City and the various departments have seen a great deal of change. There has been significant growth and expansion within the Police Department and consolidation of certain contact points in other departments. In the Police Department alone, the City has seen expansions in the positions of sergeants. Those sergeants are now operating out of cramped office areas and a squad room that struggles to meet the needs of the officers. The dispatch center and the expansion of dispatch services to include multiple communities is another factor that needs to be addressed. An entire new IT office area was expanded into a former supply storage space. To date, all of.the changes have been handled in- house, expanding into unused space or shifting office furniture. At this juncture, however, a professional analysis is required to identify the options for both expansion and possible reconfiguration to best serve the organizational and citizens' needs. Regular Meeting Page 15 December 2, 2013 A proposal was provided by FGM Architects. FGM Architects specializes in this type of municipal facility improvement. The City has an existing relationship with the firm and the principals of the firm. FGM was one of the firms identified and interviewed through the RFQ process for the proposed Aquatic/Recreation Center. In addition, Carol Sente, the owner advocate, and Ray Lee, the principal in charge, have done significant work with the City in the past putting together multiple drafts and floor plans for the proposed Recreation Center concept in 1997 and again in 2002. The firm has also done work in the community designing and overseeing the construction of the MTFPD Fire Station No. 4 on Dartmoor Drive. Deputy City Administrator Hobson informed Council that the cost of services outlined in the proposal from FGM Architects would be $18,600, with an additional reimbursable allowance of $250, for a total contract price of $18,850. Deputy City Administrator Hobson stated that a line item of $40,000 was included in the FY 2013/2014 budget to account for an analysis of the Municipal Center, as well as some funds to begin any improvements that are immediately necessary. The deliverables would include: • Conceptual floor plans; • Budgets; and • Corresponding reports. The above items would be ready in approximately 10 to 12 weeks, with initial figures being ready earlier. Staff believes this timeframe would allow additional improvements to possibly be included in the FY 2014/2015 budget. Deputy City Administrator Hobson noted that since the contract amount is less than $20,000, it is not necessary to have a formal Request for Qualifications process. The City Attorney was consulted and provided clarification on this matter. Alderman Wimmer opined that the firm has an impressive list of references. Alderman Peterson inquired about whether the infrastructure had been looked into. Deputy City Administrator Hobson responded affirmatively. Alderman Glab expressed concerns that the money is being expended now when the City may well have to spend additional money later moving the Parks and Recreation Department to the proposed new recreation facility. Motion by Schaefer, seconded by Peterson, authorizing the execution of the proposal submitted by FGM Architects, in the amount of $18,850, for the McHenry Municipal Complex Space Needs Study. Regular Meeting Page 16 December 2, 2013 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CONSIDERATION AND APPROVAL OF POLICE PENSION FUND ANNUAL REPORT FOR FY 2012/2013 Director of Finance Lynch informed Council that the Illinois Department of Insurance requires that the City Council approve an Annual Report for the Police Pension Fund. The Annual Report lists important information that can also be found in the Actuarial Report. The Annual Report lists the 2012/2013 total fund assets and investment income for the fund, as well as estimated receipts for the 2013/2014 fiscal year. The levy requirement for FY 2014/2015 is also listed on the Report as $1,295,577. Director Lynch noted that it is important for the City to continue to fund at the required level, because funding has fallen behind in the past. Staff has notified the Police Pension Board that the Council is on board with meeting the actuarial required contribution going forward. Alderman Schaefer inquired if the actuarial recommendation is 53%. Director Lynch responded affirmatively. Motion by Wimmer, seconded by Blake, approving the Police Pension Fund Annual Report for fiscal year 2012/2013. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ORDINANCES FOR THE ABATEMENT OF REAL ESTATE TAXES FOR VARIOUS BOND ISSUES AS FOLLOWS: • GENERAL OBLIGATION BONDS (ALTERNATE) SERIES 2006, $240,950 • GENERAL OBLIGATION BONDS (ALTERNATE) SERIES 2007, $245,995 • GENERAL OBLIGATION BONDS (REFUNDING) SERIES 2010A, $381,785 • GENERAL OBLIGATION BONDS (RECOVERY ZONE & BUILD AMERICA) SERIES 2010B, $441,485 • GENERAL OBLIGATION BONDS (ALTERNATE) SERIES 2010C, $440,790 • GENERAL OBLIGATION BONDS (ALTERNATE) SERIES 2012, $212,132.50 • GENERAL OBLIGATION BONDS (REFUNDING) SERIES 2013, $176,110 Director of Finance Lynch informed Council that over the years, the City of McHenry has issued a variety of bonds that pledge various funding sources for repayment, backed by the full Regular Meeting Page 17 December 2, 2013 faith and credit of the municipality. In pledging the credit of the municipality the bond ordinances require the County Clerk to levy property taxes for the debt service required on the bonds unless an abatement of the property tax by the local municipality is approved and filed with the County Clerk. By structuring the bonds in this manner, it was the intent of the City to annually abate the taxes provided the primary source of repayment is sufficient to cover the debt service requirement. Historically, the primary source of repayment has been sufficient and the property tax has been abated. Projections show that revenue sources in the coming year will continue to provide adequate coverage for debt service requirements allowing the abatement of the property tax. In order for the County Clerk to abate, or reduce, the property taxes levied the Council needs to approve Ordinances authorizing the abatements as follows: • General Obligation Bonds (Alternate) Series 2006, $240,950 • General Obligation Bonds (Alternate) Series 2007, $245,995 • General Obligation Bonds (Refunding) Series 2010a, $381,785 • General Obligation Bonds (Recovery Zone & Build America) Series 2010b, $441,485 • General Obligation Bonds (Alternate) Series 2010c, $440,790 • General Obligation Bonds (Alternate) Series 2012, $212,132.50 • General Obligation Bonds (Refunding) Series 2013, $176,110 Motion by Schaefer, seconded by Condon, approving the following Ordinances for abatement: • General Obligation Bonds (Alternate) Series 2006, $240,950 • General Obligation Bonds (Alternate) Series 2007, $245,995 • General Obligation Bonds (Refunding) Series 2010a, $381,785 • General Obligation Bonds (Recovery Zone & Build America) Series 2010b, $441,485 • General Obligation Bonds (Alternate) Series 2010c, $440,790 • General Obligation Bonds (Alternate) Series 2012, $212,132.50 • General Obligation Bonds (Refunding) Series 2013, $176,110 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low had no Statement and Report. COMMITTEE REPORTS There were no Committee Reports Regular Meeting Page 18 December 2, 2013 STAFF REPORTS Deputy City Administrator Hobson acknowledged and thanked the organizers of the Turkey Trot 5K for Hospice, held on November 28, 2013. He noted that there were over 800 runners in attendance for the event. FUTURE AGENDA ITEMS Alderman Glab opined he has noticed an increasing amount of signs popping up around town advertising various things. City Administrator Morefield assured Alderman Glab that Staff would look into the matter. ADJOURNMENT Motion by Wimmer, seconded by Peterson, to adjourn the meeting at 9:37 pm. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 9:37 pm. Mayor City Clerk