HomeMy WebLinkAboutMinutes - 07/13/2009 - City Council REGULAR MEETING
J U LY 13, 2009
Mayor Low called the regularly scheduled July 13, 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, Director of
Construction and Neighborhood Services Schwalenberg, Chief of Police Brogan.
PUBLIC INPUT SESSION
No one signed in to speak during the Ten Minutes of Public Input Session.
CONSENT AGENDA
Alderman Condon requested an amendment be made to the June 29, 2009 minutes of
the regularly scheduled City Council meeting. She requested with regard to the request
submitted by the McHenry Elementary Education Foundation for its 5K run/walk, clarification
be made that temporary street closures referred to on page 7 of the minutes include streets in
the Trails of Winding Creek and Park Ridge Estates Subdivisions. City Clerk Jones noted the
minutes would be amended as requested.
Motion by Wimmer, seconded by Peterson,to accept the Consent Agenda as amended:
A. City Council Minutes:
June 29,2009 regularly scheduled meeting;
July 6,2009 regularly scheduled meeting;
B. List of Bills:
ADAMS OUTDOOR POWER EQUI 16.80
AFTERMATH INC 285.00
ALEXANDER LUMBER CO 573.48
ASHLAND SPECIALTY CHEMIC 2,610.00
AT&T 28.59
B&W CONTROL SYSTEMS INTE 1,066.03
BAN-KOE SYSTEMS INC 395.00
BAXTER & WOODMAN 559.40
BJORKMAN, MARGIE 63.64
BLACKHAWK PRODUCTS GROUP 113.49
CARQUEST AUTO PARTS STOR 465.63
CDW GOVERNMENT INC 906.92
CINTAS CORPORATION #355 1,310.13
COMCAST CABLE 74.90
COMED 30,257.55
CONCRETE SOLUTIONS 835.00
CONSERV FS 197.03
DRUML, AMY 62.00
ED'S AUTOMOTIVE/JIM'S MU 172.00
ED'S RENTAL & SALES INC 71.60
EDER CASELLA & CO 20,000.00
FAST EDDIES CAR WASH 14.95
G IMPRESSIONS INC 20.00
GALLS INCORPORATED 547.03
GITZKE, WILLIAM J 9.95
GOLD MEDAL PRODUCTS 1,183.87
HARRISON, JOHN J 26.52
~� HAWKINS INC 1,870.91
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July 13,2009
ILLINOIS EPA 31,000.00
INNOVATIVE PACKAGING INC 103.58
IRISH PRAIRIE RECREATION 550.00
LAMBERT, FRANCES B 139.00
LEXISNEXIS 118.50
MANZO, MARGO 36.67
MCANDREWS PC, THE LAW OF 6,800.00
MCCANN INDUSTRIES INC 280.49
MCHENRY COMMUNITY HIGH S 9,710.75
MCHENRY COMMUNITY SCHOOL 17,222.25
MCHENRY FIRESTONE 15.00
MCHENRY NAPA 1,328.76
MCHENRY PUBLIC LIBRARY 3,990.00
MCHENRY TOWNSHIP FIRE PR 3,990.00
MEYER MATERIAL COMPANY 71.27
MINUTEMAN PRESS OF MCH 469.00
NCL OF WISCONSIN INC 804.24
NORTH EAST MULTI-REGIONA 460.00
PEPSI-COLA GENL BOT 807.88
PERRICONE GARDEN CENTER 268.80
PETROLIANCE LLC 4,459.32
PROSAFETY INC 360.29
RASMUSSEN REBUILDING & M 50.00
RIDGEVIEW ELECTRIC INC 2,475.00
SAWDOWSKI, LISA 263.25
SCHLITTER, CHARLES 152.00
SEC GROUP INC 93,227.80
SHAW SUBURBAN MEDIA 212.00
STANS OFFICE TECHNOLOGIE 230.10
STAPLES BUSINESS ADVANTA 276.21
STERBENZ, THOMAS 60.00
SWIFT CO INC, JOHN S 3,232.60
TELEDYNE ISCO INC 354.31
TRAFFIC CONTROL & PROTEC 101.60
USA BLUEBOOK 609.32 �^
VALLEY VIEW ACRES 945.00
VAN GALDER BUS COMPANY 75.00
VIKING CHEMICAL COMPANY 957.00
WEST PAYMENT CENTER 1,755.00
WEST SIDE TRACTOR SALES 366.30
GRAND TOTALS 252,065.71
FUND TOTALS
GENERAL FUND 52,924.84
PAGEANT FUND 608.00
AUDIT EXPENSE FUND 20,000.00
DEVELOPER DONATION FUND 34,913.00
CAPITAL IMPROVEMENTS FUND 8,000.00
WATER/SEWER FUND 47,759.20
UTILITY IMPROVEMENTS FUND 85,087.80
INFORMATION TECHNOLOGY FUND 2,073.47
RETAINED PERSONNEL ESCROW 699.40
TOTALS 252,065.71
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR PERMIT TO POST TEMPORARY ADVERTISING SIGNS IN MUNICIPAL RIGHTS-OF-
WAY FOR PERFORMANCES OF RIVERVIEW THEATER'S SHAKESPEARE IN THE PARK
Deputy City Administrator Martin stated a request was submitted by Angie Kells of
Riverview Theatre Company to allow temporary advertising signs announcing this year's '
Shakespeare in the Park Festival. The festival begins on July 18th in Veterans Park with
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July 13,2009
additional performances at Petersen Park on July 21-24 and July 26th. The signs are 24" by 19"
and would be posted at the following locations:
• North Richmond Road and McCullom Lake Road;
• Route 120 and Crystal Lake Road;
• Route 120 and Front Royal Drive;
• Green Street and Charles Miller Road;
• Crystal Lake Road and Bull Valley Road.
Deputy City Administrator Martin stated the signs would be removed at the event's
conclusion. Staff has no concerns and supports the request.
Alderman Condon stated this is a unique opportunity for the organization to advertise
its event.
Motion by Schaefer, seconded by Condon, to accept Staff's recommendation to approve
the installation of temporary advertising signs by Riverview Theatre Company for its
Shakespeare in the Park event until July 26, 2009 at the following locations:
• North Richmond Road and McCullom Lake Road;
• Route 120 and Crystal Lake Road;
• Route 120 and Front Royal Drive;
• Green Street and Charles Miller Road;
• Crystal Lake Road and Bull Valley Road.
Voting Aye: Santi, Glab,Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR CLASS G1 LIQUOR LICENSE FROM BURRITO CITY y MARISCOS ESTILO NAYANT,
INC D/B/A BURRITO CITY, 4305 WEST ELM STREET; AND ORDINANCE INCREASING THE
NUMBER OF CLASS G1 LIQUOR LICENSES FROM FOUR TO FIVE
City Administrator Maxeiner stated Maria E. Delgado, President of Burrito City y
Mariscos Estilo Nayant, Inc. has requested a Class G1 liquor license for the facility located at
4305 West Elm Street. Ms. Delgado has met with the Mayor, provided all required paperwork,
paid all associated fees, and has been fingerprinted. It is the Mayor's recommendation to
approve the issuance of the Class G1 liquor license to Burrito City subject to the condition that
satisfactory fingerprint results are obtained and all employees involved in the sale and/or
service of alcoholic beverages attend a BASSET certification class. In addition, if Council
approves the issuance of the license, an ordinance must be approved increasing the number of
Class G1 liquor licenses from four to five.
Mayor Low stated Ms. Delgado is extremely conscientious.
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July 13,2009
Motion by Murgatroyd, seconded by Santi,to accept the Mayor's recommendation to: ..�
1 Approve a Class G1 Liquor License for Burrito City y Mariscos Estilo Nayant Inc. d/b/a Burrito City, located at 4305
West Elm Street, subject to satisfactory fingerprint results and all employees involved in the sale and/or service of
alcoholic beverages attend a BASSET certification class;
2 Pass and approve an ordinance increasing the number of Class G1 Liquor Licenses from four to five.
Voting Aye: Santi, Glab,Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR TEMPORARY USE PERMIT TO ALLOW OUTDOOR DISPLAY OF RECREATIONAL
VEHICLES ON FORMER SITE OF 1USTEN FUNERAL HOME, 3519 WEST ELM STREET
Deputy City Administrator Martin stated a request was received from Jim Potts seeking
permission to have an outdoor display of ATV and jet skis on the former location of Justen
Funeral Home, 3519 West Elm Street. Mr. Potts has secured the property owner's permission
and is seeking a temporary use permit to allow the display on Saturday, July 18th and Sunday,
July 19th between the hours of 8 a.m. and 4 p.m. Staff has reviewed the request and supports it
being granted, subject to the applicant displaying only these types of vehicles so as not to
compete with the Harley Davidson dealership, and that no food shall be served without benefit
of securing a permit from the McHenry County Health Department.
Motion by Santi, seconded by Peterson, to accept Staff's recommendation to approve a
temporary use permit for the outdoor display of ATV's and jet skis on the property located at
3519 West Elm Street on Saturday, July 18th, and Sunday,July 19th, between the hours of 8 a.m.
and 4 p.m.
Discussion on the motion:
Alderman Glab inquired about traffic movement in the parking lot. Deputy City
Administrator Martin responded there will be some ingress and egress from Green Street with
displays set up in the parking lot.
Alderman Schaefer expressed concern that the display does not spill out onto the
sidewalk.
Alderman Murgatroyd enumerated his concerns:
1. This is not a local businessman/vendor;
2. The spirit of the use is not in keeping with sidewalk sales;
3. The parade might be interrupted on Sunday by the display.
Alderman Murgatroyd stated he could not support the temporary use permit.
Alderman Peterson stated he had no issues with the display. His concern was that --
anything sold would not generate sales tax for McHenry. Deputy City Administrator Martin ,
noted there would be no sales taking place.
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July 13,2009
Alderman Condon stated she could support the Saturday display but not on Sunday.
Alderman Santi requested clarification that only ATV's and jet skis would be displayed.
Deputy City Administrator Martin confirmed that only ATV's and jet skis would be displayed on
Saturday,July 18th, and Sunday,July 19th from 8 a.m. until 4 p.m.
Alderman Peterson inquired if the applicant would be willing to limit traffic ingress and
egress during the two hours of the parade.
Alderman Santi stated he would be willing to amend his motion to restrict the event to
Saturday only. Alderman Peterson stated he would not support amending his second to the
motion. The motion reverted back to its original form.
Voting on the Motion:
Voting Aye: Santi, Wimmer, Peterson.
Voting Nay: Glab,Schaefer, Murgatroyd, Condon.
Absent: None.
Motion failed.
Alderman Glab stated he does not believe the event has been well thought out. He
opined the matter should be tabled. He noted he could not support the temporary use unless
ingress and egress is restricted on both days of the event.
Motion by Condon, seconded by Santi, to approve a temporary use permit for the
outdoor display of only ATV's and jet skis on the property located at 3519 West Elm Street on
Saturday,July 18, 2009 between the hours of 8 a.m. and 4 p.m. subject to the condition that no
food shall be served without obtaining a health permit from the McHenry County Department
of Health.
Voting Aye: Santi,Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: Glab.
Absent: None.
Motion carried.
REQUEST FOR TEMPORARY USE PERMIT TO ALLOW OUTSIDE DISPLAY OF MERCHANDISE —
SEARS APPLIANCE OUTLET, 1750 NORTH RICHMOND ROAD
Deputy City Administrator Martin stated a request was submitted by Sears Appliance
Outlet for a temporary use permit to allow the outside display of lawn tractors, grills and
appliances at their facility located at 1750 North Richmond Road. The event would be held on
three consecutive Saturdays, July 18, July 25 and August 1 between the hours of 8 a.m. and 6
p.m. The applicant intends to erect a 10' by 15'tent in the extended parking area.
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July 13,2009
Deputy City Administrator Martin noted the request includes installation of a 12' by 4' —`
banner announcing the sale. Due to its size, the banner requires a variance from the sign
ordinance.
Deputy City Administrator Martin concluded noting it is Staffs recommendation to grant
the temporary use permit for the event and to grant a variance to permit installation of the 48
square foot banner to advertise the event.
Motion by Schaefer, seconded by Condon, to accept Staffs recommendation to grant
the following to Sears Appliance Outlet for its facility located at 1750 North Richmond Road:
1. Temporary use permit to allow the outside display of lawn tractors, grills, and appliances on July 18, July 25 and
August 1,2009 between the hours of 8 a.m.and 6 p.m.;
2. To erect a 10'by 15'tent in the extended parking area of the site for display of sales merchandise;
3. Variance to allow installation of a 12'by 4'advertising banner announcing the event.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
AUTHORIZATION REGARDING THE FOLLOWING IN CONJUNCTION WITH CABA 2009 WORLD
SERIES EVENT:
1. TO HOST EVENT AT PETERSEN PARK FIELD#2 FROM 7/25/09 THROUGH 8/2/09;
2. TO HOST THE WORLD SERIES OPENING CEREMONIES ON 7/26/09 AT PETERSEN PARK
FIELD#2;
3. EXPENDITURE OF UP TO$12,000 FROM TOURISM FUND FOR VARIOUS IMPROVEMENTS
TO PETERSEN PARK FIELD#2;
4. TO PROVIDE STAFF SUPPORT FOR ALL RELATED EVENTS
In attendance was Enrico Heirman, Executive Director for the CABA World Series.
Assistant City Administrator Hobson stated several requests have been made by the
Continental Amateur Baseball Association (CABA) in preparation for the CABA World Series
event taking place between July 25, 2009 and August 2, 2009. The McHenry portion of the
event will take place at Petersen Park Field #2 and at the VFW fields. CABA would like to host
the Grand Opening Ceremony at Petersen Park Field #2 on Sunday, July 26tn. The event would
include food vendors, small amusement rides, a DJ and a small fireworks display.
Assistant City Administrator Hobson noted event organizers recently evaluated Petersen
Park Field #2 and provided a list of improvements required prior to the commencement of the
series. Staff is seeking authorization to utilize up to $12,000 from the Tourism Fund to make the
suggested improvements prior to July 25tn
Assistant City Administrator Hobson stated the request also includes authorization to --
provide Staff support where necessary for the event.
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July 13,2009
Mayor Low acknowledged the presence of Mr. Heirman.
Alderman Condon stated the CABA World Series is a wonderful opportunity to
demonstrate what the City of McHenry has to offer.
Alderman Santi stated he is looking forward to the event and concurred with Alderman
Condon.
Alderman Glab stated the need for Staff support for the event appears to be open-
ended. Assistant City Administrator Hobson responded areas where assistance could be
provided include crowd control, setting up the fields, trash can placement/emptying, picnic
table placement, etc.
City Administrator Maxeiner noted the $12,000 would be utilized from the Tourism
Fund. He stated money from the Tourism Fund is restricted in its use. Moneys must be
expended on overnight stays and related uses. City Administrator Maxeiner further stated that
although teams from Puerto Rico and Panama will be unable to participate this year due to the
economy,there will be 23 out-of-state teams participating in the event.
Alderman Peterson inquired as to the number of games to be played per day. Mr.
Heirman responded there are five games per day.
When asked, Mr. Heirman responded the event encompasses approximately 3,000 hotel
rooms. City Administrator Maxeiner stated an anonymous e-mail sent which stated the City of
McHenry is paying CABA to play in McHenry is unfounded and untrue.
Mayor Low stated this is a good example of a number of groups coming together for the
good of the City.
Motion by Condon, seconded by Schaefer, to accept Staffs recommendation to
authorize the following in conjunction with CABA 2009 World Series Event:
1. To host event at Petersen Park Field#2 from 7/25/09 through 8/2/09;
2. To host the World Series Grand Opening Ceremony on 7/26/09 at Petersen Park Field#2;
3. Expenditure of up to$12,000 from Tourism Fund for various improvements to Petersen Park Field#2;
4. To provide Staff support for all related events.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd,Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Mr. Heirman thanked Mayor Low and Staff for their support. He provided a brief
overview of the Grand Opening Ceremony which will occur on Sunday, July 26, 2009. He noted
the great spirit of cooperation, the beautiful field, nice facility and a great park. He
ti
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July 13,2009
acknowledged there will be a festival atmosphere. Local restaurants will participate in —�
concessions.
PRESENTATION: CRIME FREE MULTI-HOUSING PROGRAM—MCHENRY POLICE DEPARTMENT
McHenry Crime Prevention Police Officer John Adams provided a presentation overview
of the Crime Free Multi-Housing Program. He outlined the three-step program which will
ultimately reduce the number of police calls, particularly in apartment complexes. The goal is to
provide a better living environment for everyone in the community.
Crime Free Multi-Housing is designed to assist tenants, owners, and property managers
in keeping criminal activity away from their property. The program consists of educating
property owners and managers, reviewing property conditions and maintenance, and hosting
crime prevention meetings with tenants.
Alderman Condon asked if this is a national program. Officer Adams stated it is an
international program.
Alderman Condon noted the Community Development Committee has discussed some
of the items addressed in this program. She complimented Officer Adams regarding his
presentation and thanked him for bringing it forward.
Alderman Murgatroyd stated he like the fact that participation in the program at this
time is voluntary to the property owners.
Alderman Schaefer opined he would like to see the program expanded to include single-
family dwellings.
Alderman Glab inquired how the program would be enforced regarding absentee
landlords. Officer Adams responded through the application process and water bills absentee
landlords would be brought onboard. If landlords are out of the country, the property owner
can designate someone to represent them.
Alderman Santi opined it is an excellent program. The long-term value is excellent.
City Administrator Maxeiner stated Council will receive feedback and information about
the program as it comes to fruition.
AUTHORIZATION REGARDING ROUTE 31/ROUTE 120 INTERSECTION IMPROVEMENTS:
1. TO ENTER INTO A LOCAL AGENCY AGREEMENT FOR FEDERAL PARTICIPATION:
2. TO ENTER INTO A PRELIMINARY ENGINEERING SERVICES AGREEMENT FOR FEDERAL
PARTICIPATION—SEC GROUP, IN THE AMOUNT NOT-TO-EXCEED $617,168.42
City Administrator Maxeiner stated in 2005 Council authorized an engineering services
agreement with SEC Group for the Phase I engineering for improvements to the Illinois Route
31 (Richmond Road) and Illinois Route 120 intersection. An Open House was held at the
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July 13,2009
McHenry Municipal Center on December 9, 2008 to discuss, inform, and obtain public comment
about the proposed improvements. Subsequently, SEC Group has submitted the Phase I
engineering report to Illinois Department of Transportation (IDOT) and anticipates approval by
July 31, 2009.
City Administrator Maxeiner noted the next step in the process is to begin Phase II
engineering. SEC Group has submitted an engineering services agreement using IDOT's required
standard form. The scope of work includes preparation of Phase II contract plans and right-of-
way documents. It is estimated the contract documents will be prepared to meet a November
2010 bid letting. Council has been provided with a proposed Local Agency Agreement for
Federal Participation including an entire Phase II engineering amount of $617,168.42,
reimbursable to the City from the Federal Highway Administration and Illinois Department of
Transportation. It is Staff's recommendation to approve the following:
1. Phase II preliminary engineering services agreement regarding the Illinois Route 31 and Illinois route 120 intersection
improvements with SEC Group in the amount not-to-exceed$617,168.42;and
2. Local Agency Agreement for Federal Participation in the project.
City Administrator Maxeiner noted City Engineer Steve Cieslica was in attendance and
would respond to any Council questions or comments.
Alderman Murgatroyd inquired as to the likely turn-around for reimbursement. City
Administrator Maxeiner responded 60-90 days.
Motion by Schaefer, seconded by Murgatroyd, to accept Staffs recommendation to
approve the following:
1. Authorization for the Mayor and City Clerk's execution of a Local Agency Agreement for Federal Participation in the
Illinois Route 31(Richmond Road)and Illinois Route 120 intersection improvement project;and
2. Authorization for the Mayor and City Clerk's execution of Phase II Engineering Services Agreement regarding the
Illinois Route 31 (Richmond Road) and Illinois Route 120 intersection improvement project with SEC Group in the
amount not-to-exceed$617,168.42.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd,Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR STATEMENT AND REPORT
Mayor Low congratulated all involved in preparing for and hosting the Fiesta Days
noting a great time was had by all during the opening weekend.
COMMITTEE REPORTS
There were no Committee Reports.
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July 13,2009
STAFF REPORTS —�
Assistant City Administrator Hobson announced Fiesta Days events scheduled for this
week, noting the festivities will conclude with Parade Day, Sunday, June 19, 2009.
FUTURE AGENDA ITEMS
Alderman Glab expressed concerns regarding City Staff time being expended picking up
illegal signs in public right-of-way. He opined the City needs to get tougher, send letters, and
ticket offenders in violation of the sign ordinance.
Mayor Low concurred the signs are a problem. She stated she believes that Director of
Construction and Neighborhood Services Schwalenberg and his Staff had done an excellent job
of identifying offenders and addressing the problem.
ADJOURNMENT
Motion by Condon, seconded by Peterson,to adjourn the meeting at 8:55 p.m.
Voting Aye: Santi, Glab,Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
T e meeting was adjourned at 8:55 p.m.
IVIA"Y(Jo City Clerk