HomeMy WebLinkAboutMinutes - 09/14/2009 - City Council REGULAR MEETING
SEPTEMBER 14, 2009
Mayor Low called the regularly scheduled September 14, 2009 meeting of the McHenry
City Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab,
Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Absent: None. Also in attendance were:
City Administrator Maxeiner, City Clerk Jones,City Attorney McArdle, Deputy City Administrator
Martin, Assistant City Administrator Hobson, Public Works Director Schmitt, City Engineer
Cieslica.
PRESENTATION: PROCLAMATION ACKNOWLEDGING AND HONORING DONALD R. "BUTCH"
MEYER
Mayor Low stated she would like to honor a City of McHenry employee this evening, an
employee extraordinaire who went above and beyond his duties. She requested Director of
Public Works Schmitt inform the Council of this employee's deeds.
Director Schmitt stated on August 18, 2009 he returned from lunch to find a ten-speed
bicycle at the Public Works Garage. He was informed that Butch Meyer had brought it into the
garage that morning. The next day a woman's husband called Public Works to express his
appreciation for the care and compassion extended to his wife. He stated his wife experienced
an accident on her bicycle at Mill Street and Crystal Lake Road. Public Works Street Division
employee Butch Meyer happened upon the scene, administered first aid, and stayed with the
woman until emergency service personnel arrived. Butch then took the woman's bicycle to the
Public Works Garage. Director Schmitt noted when asked about the incident, Butch replied "it
was no big deal".
Mayor Low expressed her appreciation that Butch got involved and assisted this woman.
She acknowledged she has known Butch for more than fifty years and she was not surprised
that he responded in this manner. Mayor Low then read into the minutes a proclamation
honoring Donald R. "Butch" Meyer for his care and compassion extended to this woman on
August 18,2009.
Mayor Low stated she learned today that Alderman Glab and his wife were fishing on
McCullom Lake recently and saw a woman in distress in the water. They assisted the woman to
safety on shore where she received emergency assistance. Mayor Low congratulated Alderman
Glab and his wife for their efforts on behalf of the woman.
PUBLIC INPUT SESSION
Spokesman Curt Pepe, resident of 304 DePaul Court, addressed Council regarding the
proposed disc golf course in Cold Springs Park. He noted he had updated information regarding
Cold Springs Park. He obtained a 1995 Map with soil definitions from the U.S. Department of
Agriculture. He has also secured affidavits from original homeowners with sworn testimony
regarding the proposed use of the open space now known as Cold Springs Park. He concluded,
�.. noting that once the disc golf course is moved to a more appropriate site, residents of the area
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September 14,2009
would no longer be adverse to its construction. He urged the City to work at cleaning up the .�
park and making it a permanent passive open space. He suggested the City work with the
Illinois Department of Natural Resources to make that happen.
CONSENT AGENDA
Motion by Schaefer,seconded by Santi,to accept the Consent Agenda as presented:
A. McHenry High School Homecoming Parade Route;
B. Ordinance approving donation of surplus property to Village of Johnsburg;
C. Special Event Liquor License-St.Patrick Church Oktoberfest Event,
D. Request for Block Parry:
Joanne Edwards,Legend Lakes Subdivision,September 19,2009
E. City Council Minutes:
August 31,20D9 regularly scheduled meeting;
F. List of As-Needed Checks:
ALBERTSONS 176.56
BANKCARD SERVICES 297.64
BLUE CROSS BLUE SHIELD 0 119,413.01
FREUND, ROBERT L 600.00
HERDRICH & SON INC, CHAS 48.00
ILLINOIS DIRECTOR OF 7,139.88
J & H VIDEO PRODUCTIONS 350.00
MCHENRY COMMUNITY HIGH S 924.19
NIABPA 158.00
OTIS ELEVATOR COMPANY 850.00
PETTY CASH FUND 162.35
POSTMASTER MCHENRY IL 1,435.00
PRE-PAID LEGAL SERVICES 362.60
RESERVE ACCOUNT 1,467.10
SAM'S CLUB 797.69
SECRETARY OF STATE / POL 79.00
TOTAL BROKER BENEFITS 225.00
UNITED PARCEL SERVICE 128.96
GRAND TOTALS 134,614.98
FUND TOTALS
GENERAL FUND 12,633.55
PAGEANT FUND 1,274.19
BAND FUND 600.00
WATER/SEWER FUND 455.23
EMPLOYEE INSURANCE FUND 119,638.01
INFORMATION TECHNOLOGY FUND 14.00
TOTALS 134,614.98
G. List of Bills:
A-YARD CORP 40.00
ACE HARDWARE, BJORKMAN'S 1,755.92
ACE TOWING & RECOVERY 192.00
ACRES GROUP 11,580.00
ADAMS ENTERPRISES INC, R 116.22
ADAMS STEEL SERVICE INC 155.54
AGS REBUILDERS 175.00
AHLBORN EQUIPMENT INC 278.30
ANDERSON, MARY 73.00
ANEMONE, FRANK 70.79
AT&T 56.89
AUTO TRUCK GROUP 50.01
B&W CONTROL SYSTEMS INTE 2,962.10
BARBATO, EMIL 199.00
BOTTS WELDING & TRUCK SE 23.00
BRENNAN, DAN 560.00
BROGAN, WILLIAM J 115.70
BSN SPORTS 48.18 r
BUCK BROrS INC 565.00
BUSS FORD SALES 58.76
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September 14,2009
CAPITAL GAINS INCORPORAT 4,234.00
CAREY ELECTRIC 2,805.00
CARQUEST AUTO PARTS STOR 100.15
CARTER, MICHELLE 105.00
CDW GOVERNMENT INC 2,400.00
CERTIFIED SERVICES INC 16.75
CHICAGO INTERNATIONAL TR 34.64
CHRISTOPHER, DAVID 60.00
CINTAS CORPORATION #355 1,532.97
CIPRIANI, GINA 50.00
CLARKE ENVIRONMENTAL MOS 1,750.00
COMCAST CABLE 74.90
COMED 28,590.76
CONCRETE SOLUTIONS 723.50
COUNTY CLERKS OFFICE 10.00
CRESCENT ELECTRIC SUPPLY 182.98
CURRAN CONTRACTING COMPA 8,819.38
D'ANGELO NATURAL SPRING 74.00
DOCUMENT IMAGING DIMENSI 947.00
DREISILKER ELECTRIC MOTO 205.00
ED'S AUTOMOTIVE/JIM'S MU 138.00
ED'S RENTAL & SALES INC 25.70
EJ EQUIPMENT 64.76
FAST EDDIES CAR WASH 122.05
FISCHER BROS FRESH 1,819.13
FRABIMOR EQUIPMENT & CON 50.00
GALLAGHER RISK MANAGEMEN 30.00
GAMNES, TOM 124.16
GENESIS TRUCK PARTS 447.66
GREAT LAKES FIRE & SAFET 348.00
HAILER, SHARON 105.00
HINSHAW & CULBERTSON 5,757.09
ICC 86.50
IDENTATRONICS INC 176.88
ILLINOIS LACROSSE ASSOCI 480.00
KALE UNIFORMS INC 187.87
KIESLER'S POLICE SUPPLY 7,951.20
KIMBALL MIDWEST 474.97
KIRCHNER FIRE 1,451.75
KRUMMET, BILL 1,900.00
LANG PONTIAC-CADILLAC-SU 119.26
LC UNITED PAINTING CO IN 3,000.00
LEE AUTO MCHENRY 77.86
LEXISNEXIS 117.50
LIFEGUARD STORE INC, THE 10.10
LUNKENHEIMER, PATTIE 93.30
MANZO, LIZ 17.39
MARK'S PLUMBING PARTS 173.72
MARTEL, SUSAN 45.00
MARTENSON, LYNN G 39.52
MCANDREWS PC, THE LAW OF 6,800.00
MCCANN INDUSTRIES INC 131.15
MCHENRY ANALYTICAL WATER 1,550.00
MCHENRY COUNTY CHIEFS OF 42.00
MCHENRY COUNTY RECORDER 1,572.00
MCHENRY FIRESTONE 581.50
MCHENRY NAPA 891.58
MCMASTER-CARR SUPPLY CO 58.51
MENARDS - WOODSTOCK 1,764.74
MEYER MATERIAL COMPANY 67.84
MID AMERICAN WATER OF WA 408.80
MIDWEST HOSE AND FITTING 125.11
MIDWEST METER INC 28,445.51
NCL OF WISCONSIN INC 891.68
NICOR GAS 126.81
NORTHWEST ELECTRICAL SUP 47.12
OLSEN SAFETY EQUIPMENT C 202.00
ORIENTAL TRADING CO INC 157.64
PADRO, PEDRO 62.21
PETROLIANCE LLC 11,593.49
w. PETTIBONE & CO, P F 1,575.00
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September 14,2009
PITNEY BOWES INC 255.00
PRECISION SERVICE & PART 80.36
RADICOM INC 138.25
RELIABLE SAND & GRAVEL 2,065.05
RIVERSIDE BAKE SHOP 33.47
ROBERTSON, LIBBY 71.00
ROC CONSTRUCTION SUPPLY 40.66
S&S WORLDWIDE INC 141.74
SASAK, TODD 116.82
SEC GROUP INC 35,162.20
SECRETARY OF STATE/INDEX 10.00
SHAW SUBURBAN MEDIA 1,166.85
SHERWIN INDUSTRIES INC 2,204.00
SOMERFIELD, JACK 105.00
SPRINT 116.97
ST PAULS EPISCOPAL CHURC 429.30
STANS OFFICE TECHNOLOGIE 307.19
STAPLES BUSINESS ADVANTA 66.81
THOMAS TRUCKING INC, KEN 490.00
TRAFFIC CONTROL & PROTEC 2,253.36
TRIEBOLD IMPLEMENT INC 351.29
TRITON ELECTRONICS INC 138.00
VISU-SEWER OF ILLINOIS L 4,380.00
WASTE MANAGEMENT OF WI P 7,159.36
WATER SOLUTIONS UNLIMITE 4,700.00
WILLIAMS ELECTRIC SERVIC 701.10
ZARNOTH BRUSH WORKS INC 462.50
GRAND TOTALS 217,490.80
FUND TOTALS
GENERAL FUND 104,733.32
PAGEANT FUND 25.50
CAPITAL IMPROVEMENTS FUND 3,000.00
WATER/SEWER FUND 60,945.73
UTILITY IMPROVEMENTS FUND 29,524.70
MARINA OPERATIONS FUND 413.71
RISK MANAGEMENT FUND 63.47
INFORMATION TECHNOLOGY FUND 3,480.78
RETAINED PERSONNEL ESCROW 11,069.59
POLICE PENSION FUND 4,234.00
TOTALS 217,490.80
Voting Aye: Santa,Glab,Schaefer, Murgatroyd,Wimmer, Peterson,Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR ANNUAL MUM SALE FUNDRAISER FROM WOMEN IN MANAGEMENT:
1. TEMPORARY USE PERMIT:
2. PERMIT TO POST TEMPORARY ADVERTISING SIGNS:
3. WAIVER OF ALL ASSOCIATED FEES
Deputy City Administrator Martin stated a request was submitted by Diane Johnson of
Women in Management (WIM)who are once again proposing to host their annual fundraiser, a
Mum Sale. The event would take place on Saturday, September 19, 2009 between the hours of
9 a.m. and 2 p.m. in the Old Mill parking lot at the intersection of Main Street and Crystal Lake
Road. Proceeds from the event would help to fund scholarships for women returning to the
workplace, high school graduates,and the disadvantaged.
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September 14,2009
Deputy City Administrator Martin noted the request includes permission to post
temporary advertising signs and a waiver of all associated permit fees. Staff has reviewed the
application and supports the request.
Motion by Condon, seconded by Wimmer,to accept Staffs recommendation to approve
the annual Mum Sale Fundraiser as requested by Women in Management, including the display
of temporary advertising signs and waiver of all fees associated with the temporary use.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd,Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR CONDITIONAL USE PERMIT FOR A DRIVE-THRU FACILITY AND OUTSIDE
SEATING IN CONJUNCTION WITH A RESTAURANT—2210 WEST ROUTE 120, GENE POTEMPA
Deputy City Administrator Martin stated property owner Gene Potempa and his tenant
Michael Baglio requested a conditional use permit to allow a drive-thru facility and outside
storage associated with a restaurant for the property located at 2210 West Route 120. The
matter was presented before the Planning and Zoning Commission at a public hearing held on
September 3, 2009 and received a unanimous recommendation to approve the request for a
drive-thru facility, subject to the following restrictions:
1. "One way"and"do not enter"signs shall be posted in locations depicted on the site plan;
" 2. Additional drive-thru entrance signs shall be placed at the east end of the site to direct drive-thru users;
3. Lane markings shall be placed on the east and the north sides of the building to direct vehicles around the site;
4. Applicant shall work with Cardinal Fitness in requesting their employees and patrons to utilize the parking area to the north of the
building;
S. Drive-thru hours shall be restricted to no later than 10 p.m.on an given day;
6. There shall be only one drive-thru window onsite located on the north or west side of the building and directed in a northwesterly
manner;
7. Sound from any speaker associated with the business shall be muffled and directed away from residents adjacent to the north of the
building;
8. Bollards shall be placed along the north side of the building to create a physical separation between the rear entry doors and the
drive-thru traffic lane.
Deputy City Administrator Martin noted the Planning and Zoning Commission also
approved the request for outside seating in conjunction with a restaurant, subject to the
following:
1. Outside seating shall be limited to two removable tables,each with a mapmum seating capacity of four persons,on the sidewalk
area directly in front of the unit;
2. There shall be no outside seating placed within any landscape island.
Deputy City Administrator Martin stated Staff believes if the stated conditions are
placed upon the request for conditional use permit, the conditional use permit could be
granted.
Alderman Glab expressed concern with traffic flow onsite, and requested assurance that
ti the depicted onsite traffic pattern, drive-up window,and stacking would work on the site.
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September 14,2009
Alderman Murgatroyd stated he is concerned with parking which currently occurs on
the sides of the building. Deputy City Administrator Martin responded the property owner has
committed to work with Cardinal Fitness personnel to facilitate the onsite traffic pattern and to
encourage their employees and patrons to utilize the parking at the rear of the building.
Responding to an inquiry from Alderman Peterson, Deputy City Administrator Martin
stated the conditional use permit is being sought by the property owner to assist in marketing
the shopping center for tenants.
Motion by Santi, seconded by Wimmer, to accept the unanimous recommendation of
the Planning and Zoning Commission to pass an ordinance approving a conditional use permit
to allow the following on the property located at 2210 West Route 120 as requested by
property owner Gene Potempa:
1. Drive-thru facility,subject to the following conditions:
a. "One way"and"do not enter'signs shall be posted in locations depicted on the site plan;
b. Additional drive-thru entrance signs shall be placed at the east end of the site to direct drive-thru users,
C. Lane markings shall be placed on the east and the north sides of the building to direct vehicles around the site;
d. Applicant shall work with Cardinal Fitness in requesting their employees and patrons to utilize the parking area to the north of
the building;
e. Drive-thru hours shall be restricted to no later than 10 p.m.on an given day;
f. There shall be only one drive-thru window onsite located on the north or west side of the building and directed in a
northwesterly manner;
g. Sound from any speaker associated with the business shall be muffled and directed away from residents adjacent to the north
of the building;
h. Bollards shall be placed along the north side of the building to create a physical separation between the rear entry doors and
the drive-thru traffic lane.
2. Outside seating in conjunction with a restaurant,subject to the following conditions:
a. Outside seating shall be limited to two removable tables, each with a maximum seating capacity of four persons, on the
sidewalk area directly in front of the unit;
b. There shall be no outside seating placed within any landscape island.
Voting Aye: Santi,Glab,Schaefer, Murgatroyd,Wimmer, Peterson,Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR TEMPORARY USE PERMIT TO ALLOW AN OUTSIDE SALES EVENT— 609 NORTH
FRONT STREET
Deputy City Administrator Martin stated the property manager of 609 North Front
Street has requested a temporary use permit to allow an outside sales event on the site. The
event would be held on September 191h between the hours of 8 a.m. and 3 p.m. and September
20th between the hours of 8 a.m. and noon. The purpose of the sale is to sell office equipment
and furniture no longer needed on the premises. The event would be conducted outside of the
building which requires a temporary use permit. Staff has reviewed the request and
recommends approval.
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September 14,2009
Alderman Glab inquired if there would be signage in addition to the marquee. Deputy
City Administrator Martin responded there would be no other signage advertising the event.
Alderman Murgatroyd inquired if the applicant is selling office equipment/furniture
brought to the site from outside of the City. Deputy City Administrator Martin responded in the
affirmative. The furniture and equipment were no longer needed due to consolidation of
offices.
Alderman Murgatroyd stated he does not want to start a precedent by allowing this
type of sale in the commercial district. He noted he could not support the request.
Alderman Peterson concurred with Alderman Murgatroyd. He noted the event seems
like a garage sale which would not be permitted in the commercial district.
Motion by Santi, seconded by Condon, to accept Staffs recommendation to approve a
temporary use permit to allow an outside sales event of office furniture and equipment on
September 191h and 2e at 609 North Front Street as presented.
Voting Aye: Santi,Glab,Schaefer, Wimmer, Condon.
Voting Nay: Murgatroyd, Peterson.
Absent: None.
Motion carried.
AUTHORIZATION FOR MAYOR'S EXECUTION OF THE FOLLOWING DOCUMENTS REGARDING
THE RIDGE ROAD RESURFACING PROJECT:
1. ENGINEERING SERVICES AGREEMENT WITH SEC GROUP IN AN AMOUNT NOT-TO-
EXCEED S22.938.63:
2. IDOT LOCAL AGENCY AGREEMENT
City Administrator Maxeiner stated on May 11, 2009, Council authorized an engineering
services agreement with SEC Group for Phases I and II of the Ridge Road Resurfacing Project.
The American Recovery and Reinvestment Act (ARRA) targeted approximately $4.7 million for
transportation projects for local governments in McHenry County. Funding for the Ridge Road
Resurfacing Project was approved in the amount of$262,105 to cover the cost of construction
and Phase III engineering. The project is currently scheduled for an Illinois Department of
Transportation (IDOT) November bid letting.
City Administrator Maxeiner stated SEC Group has submitted a proposal for Phase III
engineering. The scope of the services includes project startup, construction observation,
administration; coordination, project close-out and material testing.The proposed fee for these
services is $22,938.63 and would be paid by ARRA funding. Additionally, IDOT requires the City
to enter into a Local Agency Agreement for Federal Participation. The agreement outlines the
division of costs and the agreement provisions.
t
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September 14,2009
City Administrator Maxeiner stated it is Staffs recommendation to authorize the -`
Mayor's execution of an engineering services agreement for Phase III Engineering of the Ridge
Road Resurfacing Project in the amount not-to-exceed $22,938.63, and to authorize the Mayor
and City Clerk's execution of a Local Agency Agreement for Federal Participation for this
project.
Responding to an inquiry, City Engineer Cieslica stated the project would likely start in
early spring 2010.
Motion by Murgatroyd, seconded by Schaefer, to accept Staffs recommendation to
authorize the execution of the following documents with regard to the Ridge Road Resurfacing
Project:
1. IDOT Local Agency Agreement for Federal Participation;
2. Engineering Services Agreement with SEC Group in an amount not-to-exceed
$22,938.63.
Voting Aye: Santi,Glab,Schaefer, Murgatroyd, Wimmer, Peterson,Condon.
Voting Nay: None.
Absent: None.
Motion carried.
NICOR FRANCHISE AGREEMENT RENEWAL
City Administrator Maxeiner stated the fifty-year Nicor Franchise Agreement will expire
September 19, 2010. The City Attorney has undertaken negotiations to seek a renewal on
behalf of the City as well as other neighboring communities. The result of the negotiations is a
standardized franchise agreement which would expire in 35 years. The terms of the agreement
would allow Nicor to continue to operate within the municipal right-of-way pursuant to the
terms of the right-of-way ordinance in the City's Municipal Code.
City Administrator Maxeiner noted the following items are also addressed within the
text of the agreement:
• Franchise fee for the City enabling the continuance of free therm allotment to the City
to be determined using a population-based formula;
• "Most favored nations" clause requiring Nicor to offer the City and terms negotiated
with another municipality within the service area that are determined to be more
favorable that what is presently provided to McHenry.
City Administrator Maxeiner stated Staff recommends approval of the agreement with
Nicor as presented, effective September 19, 2010 until September 19, 2045.
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September 14,2009
Motion by Wimmer, seconded by Schaefer, to accept Staffs recommendation to pass an
ordinance authorizing the Mayor and City Clerk's execution of a Nicor Franchise Agreement as
presented with a term of September 19, 2010 until September 19, 2045.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson,Condon.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR STATEMENT AND REPORT
Mayor Low stated an application was submitted by Lauren Adams seeking appointment
to the Landmark Commission as its student member. She requested Council affirm her
appointment of Ms. Adams to this position.
Alderman Schaefer noted Ms.Adams is a good choice for the position.
Motion by Condon, seconded by Schaefer, to accept the Mayor's recommendation to
appoint Lauren Adams to the City's Landmark Commission as its student member for a term
expiring 4/30/2010.
Voting Aye: Santi,Glab,Schaefer, Murgatroyd,Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
COMMITTEE REPORTS
Chairman Alderman Murgatroyd reported the Finance and Personnel Committee met
this evening prior to the Council meeting and discussed a potential new fire alarm system.
STAFF REPORTS
Assistant City Administrator Hobson reported the following activities will take place in
McHenry this week:
• Kelly Miller Circus at Petersen Park, September 15th until September 17th. There will be
two shows each day:4:30 p.m.and 7:30 p.m.
• Annual Country Meadows at Petersen Park,September 201h from 9 a.m. until 4 p.m.
• Public Works Committee Meeting has been scheduled for 6:30 p.m. on Monday,
September 21,2009 in the Aldermen's Conference Room
FUTURE AGENDA ITEMS
Alderman Condon noted the District 15 Foundation Walk-a-Thon held last weekend
seems to have been run very well. She received no complaints regarding the temporary road
closures.
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September 14,2009
ADJOURNMENT .�
Motion by Peterson, seconded by Condon,to adjourn the meeting at 8:20 p.m.
Voting Aye: Santi, Glab,Schaefer, Murgatroyd,Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Je meeting was adjourned at 8:20 p.m.
yor City Clerk