HomeMy WebLinkAboutMinutes - 11/30/2009 - City Council REGULAR MEETING
NOVEMBER 30,2009
Mayor Low called the regularly scheduled November 30, 2009 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 Maxeiner, City Clerk Jones, City Attorney McArdle, Deputy City Administrator
Martin, Assistant City Administrator Hobson, Construction Neighborhood Services Director
Schwalenberg, Public Works Director Schmitt, Finance Director Black, Parks and Recreation
Director Merkel,Chief of Police Brogan, City Engineer Cieslica.
PUBLIC INPUT SESSION
Michael and Michelle Krumsee of 5512 Sherman Drive addressed Council regarding the
recent notification of the City's intent to close the Munchkin Preschool Program. They
recognized that the City has made an effort to keep the preschool open; however parents of
the program participants believe the notification of impending closure was too short as the
program will close mid-year. Mr. and Mrs. Krumsee stated they would like to know what needs
to be done to re-establish the program.
Mayor Low advised that City Administrator Maxeiner would contact the Krumsee's on
Tuesday, December 1st with the information requested.
CONSENT AGENDA
Alderman Peterson requested Consent Agenda Item D. Minutes of the November 16,
2009 regularly scheduled Council meeting be pulled for amendment.
Motion by Wimmer, seconded by Condon,to approve the Consent Agenda as amended:
A. Resolution authorizing annual adjustment for water/sewer rates;
B. Resolution in support of and participation in McHenry County Natural Hazard Mitigation Plan;
C. Committee Recommendation:schedule a Public Hearing for proposed Highway Overlay District;
E. List of Bills:
3 DIMENSIONS SALON 30.00
ACRES GROUP 8,685.00
ADVANTAGE MECHANICAL INC 332.50
AMELIO, ROBERT 211.50
ARNET, ALICE 12.27
AT&T 5,747.94
AT&T LONG DISTANCE 31.31
AUTO TECH CENTERS INC 310.23
AUTO TRUCK GROUP 425.14
BIRK, ADRIANA 24.00
BIRK, JOHN 131.26
BREMER, CURTIS H 52.00
BURRIS EQUIPMENT COMPANY 114.50
BUSS FORD SALES 124.86
CAREY ELECTRIC 1,342.00
CARMICHAEL CONSTRUCTION 13,673.00
CDW GOVERNMENT INC 321.78
CENTEGRA OCCUPATIONAL ME 107.80
CHEMICAL PUMP SALES AND 106.00
�`� CLEVELAND MOTION CONTROL 17,075.83
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November30,2009
COMCAST CABLE 75.78
CONAWAY, TINA 68.30
CONCRETE SOLUTIONS 51.00
CONKLIN, CHARLENE 380.00
CRESCENT ELECTRIC SUPPLY 312.39
CURRAN CONTRACTING COMPA 1,853.94
DAWSON, CHRISTINE 35.36
DEBOLT, JUSTIN 8.00
DELL MARKETING LP 1,339.40
DOCUMENT IMAGING DIMENSI 248.25
DUNKIN' DOGS GROOMING 30.00
ED'S RENTAL & SALES INC 71.04
EDER CASELLA & CO 12,350.00
EJ EQUIPMENT 271.76
ENVIRONMENTAL RESOURCE A 142.10
FAMILY TAILOR SHOP 11.00
FAST EDDIES CAR WASH 144.60
FISCHER BROS FRESH 2,502.00
FITNESS FIRST 529.00
£LESCH COMPANY INC, GORD 93.86
FONE ZONE-MCHENRY, THE 12.99
FOP UNITS I/II 1,900.00
FOXCROFT MEADOWS INC 809.58
FREUND, LORETTA 40.00
GALLS AN ARAMARK CO LLC 627.59
GLICK, DEBORAH A 22.73
GREAT LAKES FIRE & SAFET 48.97
HAWKINS INC 1,952.80
HD SUPPLY WATERWORKS 1,933.60
HOME STATE BANK 48,987.50
HP SHOOTING CENTER INC 187.01
ILLINOIS MUNICIPAL LEAGU 1,626.00
IPRA 717.00
IUOE, LOCAL 150 1,908.32
JULIE INC 243.75
JUNGMANN, MARLENE B 412.00
KALE UNIFORMS INC 1,256.12
KIMBALL MIDWEST 323.54
KING, LAURA 42.78
KTD INC 34.06
KUNZER, KATHLEEN 16.00
LEAGUE OF IL BICYCLISTS 50.00
MARSH USA INC 5,138.00
MAZZUCA, JOE 92.00
MCHENRY ANALYTICAL WATER 425.00
MCHENRY COUNTY CHIEFS OF 105.00
MCHENRY FIRESTONE 276.00
MCHENRY SPECIALTIES 5.00
MCHENRY TOWNSHIP ROAD DI 9,116.60
MCMASTER-CARR SUPPLY CO 44.00
MEADE ELECTRIC COMPANY I 242.22
MENARDS - WOODSTOCK 284.04
MENNON RUBBER & SAFETY P 172.19
METROPOLITAN INDUSTRIES 1,893.62
MEYER MATERIAL COMPANY 843.91
MIDWEST METER INC 451.18
MINUTEMAN PRESS OF MCH 1,035.08
MOLNAR, JAMES 75.40
MOORE, KEVIN 25.50
MORITZ, SHERRIE 43.09
MUNICIPAL CLERKS OF LAKE 20.00
NATIONAL GUARDIAN LIFE I 42.33
NCISC ATTN: C MURRAY AQU 800.00
NCPERS GROUP LIFE INS. 304.00
NEXTEL 1,785.97
NICOR GAS 4,175.48
NORTHERN ILLINOIS POLICE 20.00
NORTHERN TOOL & EQUIPMEN 51.43 ~
NORTHWEST HERALD 211.60
OLSEN SAFETY EQUIPMENT C 95.82
ONEYS TREE FARM 340.00
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November 30,2009
ORIENTAL TRADING CO INC 312.12
OTTOSEN BRITZ KELLY COOP 612.50
PETROLIANCE LLC 7,163.99
PETTIBONE & CO, P F 1,511.12
PITEL SEPTIC INC 375.00
PORTER LEE CORPORATION 35.00
POSTMASTER MCHENRY IL 44.00
PRECISION SERVICE & PART 234.98
PROMISING PICASSOS INC 290.00
QUICK, KATHLEEN 41.69
RADICOM INC 529.98
RESERVE ACCOUNT 1,727.60
ROC CONSTRUCTION SUPPLY 81.36
ROTH, SALLY 480.41
SCHMITT, MATTHEW 24.00
SCHULHOF COMPANY 743.27
SEC GROUP INC 27,578.52
SHERMAN MECHANICAL INC 275.00
SPEER FINANCIAL 384.64
SPRING ALIGN OF PALATINE 745.16
STAN'S FINANCIAL SERVICE 222.00
STANARD & ASSOCIATES INC 2,829.50
STANS OFFICE TECHNOLOGIE 558.35
STAPLES BUSINESS ADVANTA 392.89
STATE POLICE SERVICES FU 5,055.48
STATE TREASURER IDOT 5,937.79
STEKL, DIANE 510.00
TEGTMEIER, TERRY 138.00
THOMAS TRUCKING INC, KEN 490.00
TRAFFIC CONTROL & PROTEC 265.98
UNITED PARCEL SERVICE 29.86
VERIZON WIRELESS 155.10
VIKING CHEMICAL COMPANY 4,299.00
VISU-SEWER OF ILLINOIS L 2,932.50
WALAT, HOLLY 77.07
WALMART COMMUNITY 668.57
WASTE MANAGEMENT OF WI P 8,268.93
�-. WATER SOLUTIONS UNLIMITE 9,400.00
ZAHN, DAN 278.00
ZUKOWSKI ROGERS FLOOD & 8,477.50
GRAND TOTALS 254,820.38
FUND TOTALS
GENERAL FUND 78,394.25
AUDIT EXPENSE FUND 12,350.00
DEVELOPER DONATION FUND 13,673.00
DEBT SERVICE-1997A FUND 49,372.14
CAPITAL IMPROVEMENTS FUND 6,635.67
WATER/SEWER FUND 57,555.04
UTILITY IMPROVEMENTS FUND 22,353.15
RISK MANAGEMENT FUND 5,400.00
INFORMATION TECHNOLOGY FUND 2,312.13
RETAINED PERSONNEL ESCROW 6,775.00
TOTALS 254,820.38
Voting Aye: Santi, Glab,Schaefer, Blake, Wimmer, Peterson,Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Alderman Peterson requested that all impacted property owners of the proposed
Highway Overlay District be notified of the Public Hearing when it would be considered.
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November 30,2009
CONSENT AGENDA ITEM D: MINUTES OF COUNCIL REGULARLY SCHEDULED MEETING OF
NOVEMBER 16,2009
Alderman Peterson requested the Minutes of Council's November 16, 2009 regularly
scheduled meeting be amended to reflect a 4% rate increase for park facility and use fees. He
noted the request from the Parks and Recreation Committee included a 4% increase and not a
10% increase as previously stated in the Council minutes.
Motion by Peterson, seconded by Wimmer, to approve the Council minutes of the
November 16, 2009 regularly scheduled meeting as amended.
Voting Aye: Santi,Glab,Schaefer, Blake, Wimmer, Peterson,Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR ONE-YEAR EXTENSION TO EXISTING TEMPORARY USE VARIANCE — DEMOS
ARCHOS, 1213 NORTH RIVERSIDE DRIVE
Deputy City Administrator Martin stated Council at its October 20, 2008 regularly
scheduled meeting granted a temporary use variance to Jim Archos for his property located at
1213 North Riverside Drive. The temporary use variance allowed Mr. Archos to utilize the first
floor of his building as a residential dwelling for a period of one year in light of difficult
economic conditions. As the property is zoned C4, residential use on the first floor is not a s
permitted use. Council granted the request for one year with a term expiring October 20, 2009.
Deputy City Administrator Martin stated Mr. Archos has requested an extension of his
temporary use permit. Mr.Archos has not received any property maintenance violations on this
property during the past year. Staff has reviewed the request and recommends a one-year
extension.
Alderman Condon stated she would prefer that the use variance not be extended, but
realized in light of the current economy, it would be best to have the building utilized as a
residence rather than remain vacant.
Alderman Glab opined the economy will hopefully improve and the request for
extension would not come forward again.
Motion by Schaefer, seconded by Blake, to accept Staffs recommendation to approve
the extension of a temporary use variance to allow a dwelling unit on the first floor of the
building located at 1213 North Riverside Drive in the C4 Downtown Commercial Zoning District,
as requested by Demos Archos, with a term expiring October 20, 2010.
Voting Aye: Santi,Glab, Schaefer, Blake, Wimmer Peterson, Condon.
Voting Nay: None.
Absent: None. ,
Motion carried.
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November30,2009
COMMITTEE RECOMMENDATION: ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 14,
SECTION 14-32, DAMAGING PROPERTY AND GRAFFITI
Deputy City Administrator Martin stated the City currently addresses graffiti and
property damage in the Municipal Code. However, there is no provision to require property
owners to remove the graffiti from their premises. The Community Development Committee
has considered amendments to the existing graffiti ordinance whereby property owners would
be required to remove graffiti from their property in a timely manner.
Deputy City Administrator Martin noted the proposed amendments to the ordinance
have been reviewed by the Construction and Neighborhood Services Department and the
Police Department as well as City Attorney McArdle. It is the recommendation of the
Committee to amend Chapter 14 of the Municipal Code as presented.
Alderman Schaefer commented he would like to see something in the ordinance that
addresses punishment more heavily along with enforcement measures.
Alderman Peterson stated he would like to see restitution for the victim more clearly
addressed.
Alderman Condon noted she struggled with the issue of requiring property owners to
remove graffiti. She questioned the requirement to comply within two days of notice, but
noted extenuating circumstances would be recognized.
Alderman Peterson realized some burden may be on Staff due to the large number of
foreclosures in the current economy and noted properties may have to be liened to recoup City
losses relating to cleanup of properties.
Motion by Santi, seconded by Condon, to accept the recommendation of the
Community Development Committee, to pass and approve an ordinance amending Municipal
Code Chapter 14, Section 14-32, relating to Damaging Property and Graffiti, as presented.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson,Condon.
Voting Nay: None.
Absent: None.
Motion carried.
RENEWAL OF PACE/DIAL-A-RIDE LOCAL SHARE AGREEMENT
Finance Director Black stated the City has annually entered into an agreement with
Pace/Dial-A-Ride for curb-to-curb service within the City since 1987. The program is funded via
user fees, PACE subsidies and a local share portion.The user fee fares are as follows:
Full Fare $1.75
Reduced Fare $0.75
Transfer $0.10
Reduced Transfer $0.05
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November 30,2009
Director Black stated the 2010 agreement includes the following revenue source
amounts as compared to the current amounts in the 2009 agreement:
Revenue Source 2010 2009
Rider Fares $ 14,000 $ 8,500
PACE Subsidy $227,528 $223,725
Local Share $ 68,340 $ 70,311
Program Total $309,868 $302,536
Director Black noted PACE has maintained their share while the City's portion has been
reduced.
Director Black stated it is Staffs recommendation to authorize the Mayor's execution of
an agreement with PACE/Dial-A-Ride for curb-to-curb service within the City of McHenry at a
local share cost of$68,340 as presented.
Alderman Wimmer stated he is glad PACE is coming through with financial support of
the program once again.
Motion by Schaefer, seconded by Wimmer, to accept Staffs recommendation to
authorize the Mayor's execution of the PACE/Dial-A-Ride Local Share Agreement for 2010,
including a local share amount of$68,340.
Voting Aye: Santi,Glab, Schaefer, Blake, Wimmer, Peterson,Condon.
Voting Nay: None.
Absent: None.
Motion carried.
2010 STREET REPLACEMENT PROGRAM:
1. APPROVE PRELIMINARY ENGINEERING SERVICES AGREEMENT FOR MOTOR FUEL TAX
FUNDS WITH IDOT AND SEC GROUP FOR AN AMOUNT OF 5%. OR EQUAL TO
AWARDED CONTRACT COST. NOT-TO-EXCEED$150.000:
2. AUTHORIZE STAFF TO ADVERTISE FOR BIDS FOR PROGRAM
City Administrator Maxeiner stated Council on October 12, 2009 approved a list of 33
streets including alternates for the 2010 street resurfacing program. The City anticipates selling
approximately $3.44 million in bonds to finance this project. Repayment of the bonds will be
from the Motor Fuel Tax(MFT) Fund.
City Administrator Maxeiner noted City Engineer SEC Group has submitted an [DOT
required engineering services agreement to cover the bid specification and cost estimate,
assistance in bid tabulation and recommendation of the award of bid for the street
replacement project. The amount of the agreement is 5% of the awarded contract cost in an
amount not-to-exceed$150,000.
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November 30,2009
City Administrator Maxeiner stated, in addition to approval of the engineering services
agreement, Staff is seeking authorization to publicly bid the 2010 street replacement program.
Responding to an inquiry, City Engineer Steve Cieslica stated the project would go out to
bid in February 2010. City Administrator Maxeiner acknowledged Mr. Cieslica is leaving SEC
Group and another SEC engineer would be assigned to the project.
Motion by Wimmer, seconded by Santi, to accept Staffs recommendation regarding the
2010 Street Replacement Program:
1. Authorize the Mayor's execution of an engineering services agreement with SEC
Group for preparation of bid documents, bid tabulation and recommendation of
award of bid in the amount of 5% of the awarded contract cost, in an amount not-
to-exceed$150,000;
2. Authorize Staff to publicly bid the Program.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR STATEMENT AND REPORT
Mayor Low reported the street dedication of the intersection of Bonner Drive and Beach
Drive as Honorary Carmon L. Hodges Way will take place on Thursday, December 3, 2009 at 11
a.m. in the Municipal Center Council Chambers. The dedication will be held inside due to the
possibility of inclement weather.
COMMITTEE REPORTS
There were no Committee Reports.
STAFF REPORTS
Assistant City Administrator Hobson reported the Parks Department holiday activities
will be held at Riverwood School on Saturday, December 5th from 9:30 a.m. until noon.
FUTURE AGENDA ITEMS
No Future Agenda Items were discussed.
EXECUTIVE SESSION: COLLECTIVE BARGAINING
Motion by Wimmer, seconded by Santi,to go into Executive Session to discuss Collective
Bargaining at 7:52 p.m.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
�, Motion carried.
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November30,2009
Council went into Executive Session at 7:56 p.m.
Motion by Wimmer, seconded by Santi, to go back into Open Session at 8:10 p.m.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson,Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Council went back into Open Session at 8:10 p.m.
OPEN SESSION REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION
Motion by Glab, seconded by Wimmer,to approve a tentative agreement with FOP Unit
1 and to authorize the Mayor's execution of a collective bargaining agreement once ratified by
the FOP Unit 1.
Voting Aye: Santi,Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
City Administrator Maxeiner stated the agreement is scheduled to be ratified on
Wednesday, December 2, 2009.
ADJOURNMENT
Motion by Condon, seconded by Blake,to adjourn the meeting at 8:11 p.m.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting was adjournedat 8:11 p.m.
Ca `�
May \ City Clerk