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Home My WebLink AboutMinutes - 08/31/2009 - City Council REGULAR MEETING AUGUST 31,2009 Mayor Low called the regularly scheduled August 31, 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, Finance Director Black,City Engineer Cieslica. 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 a great deal of misinformation is being disseminated in the community regarding the potential disc golf course in Cold Springs Park. Information has been distributed to area residents. Mr. Pepe summarized for council benefit the information being distributed to area residents and he encouraged the newspaper to report accurately. Mr. Pepe also provided information regarding the protection of the fen and wetlands in Cold Springs Park as required by the Illinois Department of Natural Resources. Mr. Pepe stated Cold Springs Park is a natural treasure. He submitted a Petition containing 260 signatures requesting the preservation of Cold Springs Park in its natural state. CONSENT AGENDA Alderman Condon stated she would prefer that temporary signs permitted by Consent Agenda Item E and Item F be removed within two days following the event. Alderman Glab concurred with Alderman Condon. Alderman Murgatroyd stated he would support the temporary signs if their removal was required within forty-eight hours of the close of the event. Motion by Wimmer, seconded by Murgatroyd, to accept the Consent Agenda as amended: A. Approval of$520 change order amount and approval of final payment to SEC Group Inc for the Knox Park Softball Field No 2 engineering services agreement in the amount of$520, B. Advertise for bids for the installation of holiday lighting in Veterans Memorial Park; C. Intermittent closure of portions of Center Street and Kane Avende for McHenry High School marching Band Festival on Saturday,September 12,2009; D. Landmark School PTO Annual Harvest Fest Hayride; E. Hilltop School PTO request to post temporary signs in right-of-way to advertise annual Fall Fest on September 26, 2009,subject to all signs being removed within forty-eight hours of dose of event, F. Hilltop School PTO request to post temporary signs in the right-of-way to advertise Holidays at Hilltop event on December 5,2009,subject to all signs being removed within forty-eight hours of dose of event; G. McHenry Public Library request to post temporary signs in right-of-way to advertise Library Book Sale on October 24 and October 25,2009,and waiver of all associated fees, H. Request to post temporary signs in right-of-way to advertise Normal Moments Fundraiser on September 19,2009, and waiver of all associated fees; Page 2 August 31,2009 I. Planning and Zoning Commission review of the Zoning Ordinance Chapter 3, Sub-Section (n) relating to lighting -� regulations; J. Special Event Liquor License to the Church of Holy Apostles for its annual Fall Fest on September 18 and 19,2009; K. City Council Minutes: August 17,2009 regularly scheduled meeting; L Special Use/Picnic Permits; M. List of Bills: A W TOOL SALES INC 42.18 ADAMS STEEL SERVICE INC 199.85 AMCORE BANK NA 30.50 AMELIO,'ROBERT 329.00 AkERICAST CONCRETE PRODU 305.00 ANDERSON, BRIAN 660.00 ANDERSON, LORI 290.63 AT&T 3,621.17 AT&T LONG DISTANCE 57.03 AUTO TRUCK GROUP 277.58 B&W CONTROL SYSTEMS INTE 2,381.70 BAKER & SON CO, PETER 1,318.36 BARBATO, EMIL 62.50 BARCLAY, TIM 70.00 BAZAN, MAUREEN 670.00 BAZAN, MICHAEL 1,240.00 BELL, ADAM C 670.00 BENTZ, DONALD J 76.50 BERKHEIMER CO INC, G W 4.86 BERNHARD, DAVID A $30.00 BREMER, CURTIS H 260.00 BRENNAN, DAN 1,155.00 CARMICHAEL CONSTRUCTION 6,127.00 CAUTHORN, KYLE 210.00 CDW GOVERNMENT INC 279.55 CHICAGO COMMUNICATIONS L 4,226.91 CHICAGO INTERNATIONAL TR 107.32 CHRISTIE, BRITTANY 2,495.00 CONAWAY, TINA 178.05 CONCRETE SOLUTIONS 204.90 CONNELL, TAINA 101.57 CONSTELLATION NEWENERGY 39,023.82 CRESCENT ELECTRIC SUPPLY 462.15 CUMMINGS, JOHN G 670.00 CURRAN CONTRACTING COMPA 2,640.86 CURTIS, TINA 400.00 DAWSON, CHRISTINE 26.74 DELISI, PHIL 100.00 DREISILKER ELECTRIC MOTO 236.40 EAST JORDAN IRON WORKS 312.00 ED'S RENTAL & SALES INC 48.68 EDESIGN 292.50 EJ EQUIPMENT 780.30 FBI NAA 85.00 FEO, PHILIP 60.00 FISCHER BROS FRESH 1,463.88 1:LESCH COMPANY INC, GORD 85.94 FOP UNITS I/II 1,786.00 FOWLER, JEFF R. 69.00 FOXCROFT MEADOWS INC 291.00 FRABIMOR EQUIPMENT & CON 970.00 FREUND, MICHAEL R 530.00 GENESIS TRUCK PARTS 2.40 GREAT LAKES FIRE & SAFET 36.70 HACH COMPANY 432.47 HALOGEN SUPPLY COMPANY 166.82 HANSEN'S ALIGNMENT, DON 65.00 HARM'S FARM 29.00 HECK, SHARON 165,00 HOLTZ, TED 670.00 HP SHOOTING CENTER INC 11.04 IPRA 218.00 Page 3 August 31,2009 IUOE, LOCAL 150 1,961.18 JENSEN SALES CO INC, LEE 48.00 JIMANOS PIZZERIA 44.00 JULIE INC 349.75 KALE UNIFORMS INC 144.94 KIMBALL MIDWEST 462.72 KIWANIS CLUB OF MCHENRY 360.00 KNAUF, MICHAEL J 520.00 KTD INC 48.13 LANG PONTIAC-CADILLAC-SU 42.68 LUNDHOLM, KARL 450.00 MAD SCIENCE OF MCHENRY C 1,750.00 MAPLE CONSTRUCTION INC 900.00 MARTELLE WATER TREATMEN$ 1,286.11 MARTIN, DOUG 13.70 MARYS FLOWERS & GIFTS 52.00 MAZZUCA, JOE 138.00 MCHENRY ANALYTICAL WATER 420.00 MCHENRY COMMUNITY SCHOOL 703.50 MCHENRY COUNTY RECORDER 250.00 MCMASTER-CARR SUPPLY CO 89.11 MCNEELY, TOM 670.00 MENDEZ LANDSCAPING & BRI 300.00 MEYER MATERIAL COMPANY 275.24 MID-AMERICAN HEATING & A 389.00 MIDWEST METER INC 153.58 MINUTEMAN PRESS OF MCH 477.87 MOORE, KEVIN 153.00 NATIONAL GUARDIAN LIFE I 42.33 NCPERS GROUP LIFE INS. 320.00 NEXTEL 1,798.55 NICOR GAS 788.82 NORTH SUBURBAN WATER 45.00 OTTOSEN BRITZ KELLY COOP 647.50 PEPSI-COLA GENL BOT 144.58 PERRICONE GARDEN CENTER 116.00 PETROLIANCE LLC 4,438.00 PETTIBONE & CO, P F 122.24 PITEL SEPTIC INC 1,625.00 PITNER, KEITH 650.00 POE, DAVE 600.00 POPP, LARRY 27.85 POTTS, MIKE 100.00 PRECISION SERVICE & PART 161.14 QUICK, KATHLEEN 53.11 REINDERS INC 244.47 RELIABLE MAINTENANCE COR 225.00 RHODES, DONALD E 660.00 RIGG, NATHAN 670.00 ROC CONSTRUCTION SUPPLY 176.63 RUSHING, RHONDA F LANG- 296.38 SEC GROUP INC 292.50 SECTION 8 DOORS & HARDWA 125.00 SHERMAN MECHANICAL INC 250.80 SHERWIN INDUSTRIES INC 84.00 SMARZEWSKI, JOHN 660.00 STAN'S FINANCIAL SERVICE 222.00 STAPLES BUSINESS ADVANTA 310.51 STULL, RICH 140.71 SWIFT CO INC, JOHN S 3,234.00 THOMAS TRUCKING INC, KEN 245.00 THOMPSON ELEVATOR INSPEC 75.00 TIPPS, GREGORY P 600.00 TOALSON, BILL 140.00 TOMMY'S RED HOTS 30.00 TRAFFIC CONTROL & PROTEC 502.32 TRIEBOLD IMPLEMENT INC 47.21 TRIEFENBACH, GORDON W 670.00 UNITED LABORATORIES 180.47 UNUM 1,542.42 USA BLUEBOOK 294.04 Page 4 August 31,2009 VALLEY VIEW ACRES 340.00 -� VERIZON WIRELESS 45.19 WALMART COMMUNITY 135.54 WEIS, HOWARD 180.00 2AHN, DAN 252.00 ZUKOWSKI ROGERS FLOOD & 9,230.00 GRAND TOTALS 126,546.68 FUND TOTALS GENERAL FUND 47,564.32 BAND FUND 12,550.00 DEVELOPER DONATION FUND 6,127.00 CAPITAL IMPROVEMENTS FUND 462.15 WATER/SEWER FUND 49,262.71 RISK MANAGEMENT FUND 4,226.91 INFORMATION TECHNOLOGY FUND 768.59 RETAINED PERSONNEL ESCROW 5,585.00 TOTALS 126,546.68 Voting Aye: Santi,Glab,Schaefer, Murgatroyd,Wimmer, Peterson,Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR TEMPORARY USE PERMIT FROM SEPTEMBER 1 2009 THROUGH NOVEMBER 30, 2009 FOR MOBILE CATERING SERVICE AT 5603 BULL VALLEY ROAD—DAVID KRUK Deputy City Administrator Martin stated a request was submitted by David Kruk, property owner of 5603 Bull Valley Road, formerly known as Haystacks Manor. Mr. Kruk is requesting a temporary use permit to use his building and equipment at that location for a commissary to house food products and use the kitchen area for prep work for the food. Deputy City Administrator Martin noted the restaurant on the subject property has closed and Mr. Kruk would like to sell prepared food off-site in a mobile kitchen unit. Staff has reviewed the request and recommends approval subject to the following conditions: 1. Temporary Use Permit shall be valid from September 1,2009 through November 30,2009, 2. All food prepared on-site to be sold off-premises; 3. Procedures set forth by the McHenry County Health Department for potable water and grey water shall be followed; 4. The mobile trailer shalt be removed from the site after November 3e and shall not be stored on-site during the winter months. Motion by Condon, seconded by Santi, to accept Staff's recommendation to approve a Temporary Use Permit for a mobile catering service at 5603 Bull Valley Road as reque$ted by David Kruk,subject to the following conditions: L Temporary Use Permit shall be valid from September 1,2009 through November 30,2909; 2. All food prepared on-site to be sold off-premises; 3. Procedures set forth by the McHenry County Health Department for potable water and grey water shall be followed; 4. The mobile trailer shall be removed from the site after November 30"'and shall not be stored on-site during the winter months. Voting Aye: Santi,Glab,Schaefer, Murgatroyd,Wimmer, Peterson,Condon. Voting Nay: None. Absent: None. --. Motion carried. Page 5 August 31,2009 REQUEST FOR CONDMONAL USE PERMIT FOR AUTOMOBILE SERVICE STATION AND AUTOMOBILE LAUNDRY—5301 BULL VALLEY ROAD,GRAHAM ENTERPRISES Deputy City Administrator Martin stated Graham Enterprises submitted an application for a conditional use permit to allow the re-opening of the automobile service station and automobile laundry at 5301 Bull Valley Road. The property has been vacant for several years which caused the previous conditional use permit for the property to expire. Deputy City Administrator Martin noted the Planning and Zoning Commission considered the request at a Public Hearing held on August 20, 2009 and unanimously recommended its approval. Responding to an inquiry, Deputy City Administrator noted a convenience store is a permitted use on the subject property. Motion by Santi, seconded by Glab, to accept the unanimous recommendation of the Planning and Zoning Commission, to pass an ordinance granting a conditional use permit to allow an automobile service station and automobile laundry on the property located at 5301 Bull Valley Road,as requested by Graham Enterprises. Voting Aye: Santi,Glab,Schaefer, Murgatroyd,Wimmer, Peterson,Condon. Voting Nay: None. Absent: None. Motion carried. COMMiRTEE RECOMMENDATION:SCHEDULE A PUBLIC HEARING REGARDING THE PROPOSED ESTABLISHMENT OF AN HISTORIC PRESERVATION DISTRICT Deputy City Administrator Martin stated the Community Development Committee at its June 2,2009 meeting directed Staff to prepare for the establishment of an Historic Preservation District comprised of the Waukegan-Main Street Area.The Committee has been working jointly with the Landmark Commission towards the creation of the District. Deputy City Administrator Martin stated an information booklet has been prepared.The booklet contains background information, common questions about historic districts, and photos and brief descriptions of all primary buildings encompassed in the proposed District. Deputy City Administrator Martin noted the next step in the process is to hold a Public Hearing to provide an opportunity for input, comments and questions regarding the establishment of the proposed District. Staff is suggesting the Public Hearing be held on September 28, 2009. Notification to all property owners within the proposed District as well as those abuttirig the District must occur between fifteen and thirty days prior to the Hearing. Testimony from Landmark Commissioners and any other interested parties will occur at the Public Hearing. Page 6 August 31,2009 Alderman Peterson suggested the information booklet should be made available to the public at the Municipal Center prior to the Hearing. Deputy City Administrator Martin responded he would include language in the Public Notice indicating the availability of the booklet at the Municipal Center. Motion by Condon, seconded by Sant!, to accept the recommendation of the Community Development Committee and to direct Staff to prepare for a Public Hearing on September 28, 2009 for the purpose of hearing public testimony, input, comments and questions regarding the proposed establishment of the Waukegan-Main Historic Preservation District. Voting Aye: Sant!,Glab,Schaefer, Murgatroyd,Wimmer, Peterson,Condon. Voting Nay: None. Absent: None. Motion carried. CONSIDER ORDINANCE ADOPTING CORE DOWNTOWN SUB-AREA PLAN Deputy City Administrator Martin stated the Community Development Committee has been working for some time to draft a Core Downtown Sub-Area Plan. The process also involved citizen participation, workshops and surveys. Plan boundaries almost mirror the tax increment financing district. The Plan includes land use, streetscape and transportation planning recommendations for the area. Deputy City Administrator Martin noted the Plan was considered at a Public Hearing before the Planning and Zoning Commission on July 9, 2009 where it was unanimously recommended for approval. Alderman Condon commended Staff for all of their efforts regarding the development of the Plan. Motion by Santi, seconded by Schaefer, to accept the recommendations of the Community Development Committee and the Planning and Zoning Commission, to pass an ordinance adopting the Core Downtown Sub-Area Plan. Voting Aye: Santi,Glab,Schaefer, Murgatroyd,Wimmer, Peterson,Condon. Voting Nay: None. Absent: None. Motion carried. RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS FOR LOCAL STREET IMPROVEMENTS Finance Director Black stated after considering need and analyzing road improvement funding options, Staff recommends bonding for approximately $3.3 million in road improvements, Which included engineering costs, to address a number of immediate needs, Page 7 August 31,2009 while accumulating approximately $100,000 annually in MFT Funds to address ongoing requirements. Director Black stated the City may issue bonds for road improvements through the Recovery Zone Economic Development Bonds Program established by the American Recovery and Reinvestment Act of 2009.The County is allocating up to$18,338,000 in bonding authority to units of government within McHenry County. Several communities have already received authority to issue bonds. Director Black pointed out that local governments participating in the program may issue taxable bonds in lieu of tax-exempt bonds for governmental purposes and receive a rebate equal to 45% of the interest paid over the life of the bonds. Consequently, the effective rate of interest on such taxable bonds is lower than the rate enjoyed on tax-exempt issues. Local governments can thereby reduce the amount of interest they repay to bondholders. Director Black reported the City submitted its letter of interest for the Recovery Zone Program to the County on August 21s`. The City requested $3.5 in bonding authority from the County. If Council approves, the City's request will be reviewed by the County's Finance and Audit Committee on September 8th with final approval considered by the County Board on September 15th.Staff recommends the following: 1. Authorize the city to proceed with its application to issue bonds under the Recovery Zone Economic Development Program; 2. Referral of the street improvement program to the Public Works committee for identification of the roads to include in the Program. Alderman Murgatroyd stated this is an opportunity to get some things done to our streets that the city has been unable to address for years. Alderman Peterson inquired where the $3.5 million figure was derived from. Director Black responded the figure came out of debt service and how much the City could borrow and repay. Alderman Santi inquired about the amount of money the County still has available to allocate. Director Black stated he is not certain of the exact amount. However, funds were still available when the application was submitted. Alderman Peterson inquired as to the time of the County Board meeting when this matter will be considered. Director Black responded the meeting is scheduled for 9:30 on September 15tn Page 8 August 31,2009 Motion by Murgatroyd, seconded by Wimmer,to accept Staffs recommendation to "\ 3. Authorize the city to proceed with its application to issue bonds in an amount not-to-exceed$3.5 million for a City street Improvement project under the Recovery Zone Economic Development Program, 4. Referral,of the street improvement program to the Public Works Committee for identification of the roads to include in the Program. Voting Aye: Santi,Glab,Schaefer, Murgatroyd,Wimmer, Condon. Voting Nay: Peterson. Absent: None. Motion carried. MAYOR STATEMENT AND,REPORT Mayor Low reported the next Council meeting is scheduled for September 14,2009. A brief ceremony will be held at Veterans Memorial Park on Friday, September 11, 2009 in commemoration of the September 11, 2001 tragedy. The City will be hoisting the flag donated by Mark Justen for the ceremony. Mayor Low announced the Character Counts Pillar for September us Trustworthiness. Mayor Low reported the Good Guys vs the Good Guys softball game event held on August 29 h was very successful in that it raised more than$3,000 for FISH Food Pantry. COMMITTEE REPORTS Chairman Alderman Peterson announced a Parks and Recreation Committee meeting is scheduled for Wednesday, September 9, 2009 at 7:30 p.m. in the Municipal Center Aldermen's Conference Room. Council Liaison Alderman Condon reported the McHenry Area Youth Commission has concluded its summer youth program and is currently working on Red Ribbon Week. More information will be forthcoming. STAFF REPORTS City Administrator Maxeiner announced the Downtown Business Association annual Wine Festival is scheduled for September 12th at Veterans Memorial Park from 1 p.m. until 5 p.m. FUTURE AGENDA ITEMS There were no Future Agenda Items discussed. Page 9 August 31,2009 ADJOURNMENT Motion by Wimmer,seconded by Peterson,to adjourn the meeting at 8:12 p.m. Voting Aye: Sant,Glab,Schaefer, Murgatroyd,Wimmer, Peterson,Condon. Voting Nay: None. Absent: None. Motion carried. Th meeting was adjour d at 8:12 p.m. Ma r City Clerk