HomeMy WebLinkAboutMinutes - 06/29/2009 - City Council REGULAR MEETING
JUNE 29, 2009
Mayor Low called the regularly scheduled June 29, 2009 meeting of the McHenry City
Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab,
Murgatroyd, Wimmer, Peterson, Condon. Absent: Schaefer. 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.
PUBLIC HEARING: COMCAST FRANCHISE AGREEMENT
Mayor Low at 7:31 p.m. convened the Public Hearing regarding a proposed Comcast
Franchise Agreement with a term of June 30, 2009 through June 30, 2014.
City Administrator Maxeiner stated notice of the Public Hearing was published in the
Northwest Herald on June 12, 2009.
City Administrator Maxeiner noted the Agreement would be addressed through
adoption of an ordinance. He noted the existing Comcast Franchise Agreement expired this past
spring. As required by newly-adopted State Statutes which govern most aspects of such
agreements, the proposed agreement has been condensed from a 60-page document to a 3-
page document.
Alderman Glab stated he would like assurance that Comcast facilities would be well-
maintained. City Attorney McArdle responded the actual service is now handled by the State.
The franchise agreement is solely for use of the municipality's right-of-way.
In response to Mayor Low's inquiry, there were no comments from the audience with
regard to this issue. City Clerk Jones also noted there had been no written or oral comments
submitted to the Clerk's Office.
Motion by Glab, seconded by Wimmer, to close the Public Hearing regarding the
consideration of the Comcast Franchise Agreement at 7:35 p.m.
Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Schaefer.
Motion carried.
The Public Hearing was closed at 7:35 p.m.
Alderman Santi left the Council Chambers at 7:35 p.m.
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June 29, 2009
CONSIDERATION AND ACTION REGARDING MATTER DISCUSSED IN PUBLIC HEARING:
COMCAST FRANCHISE AGREEMENT EFFECTIVE JUNE 30, 2009 THROUGH JUNE 30, 2014
Motion by Murgatroyd, seconded by Condon, to accept Staffs recommendation to pass
and approve an ordinance authorizing the Mayor's execution of a Comcast Franchise
Agreement having an effective date of June 30, 2009 through June 30, 2014.
Voting Aye: Glab, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Santi, Schaefer.
Motion carried.
Alderman Santi returned to the Council Chambers at 7:36 p.m.
PUBLIC HEARING: PRE-ANNEXATION AGREEMENT — 1910 NORTH ORCHARD BEACH DRIVE,
MICHAEL AND ANN ECKSTEIN
Mayor Low at 7:36 p.m. convened a Public Hearing regarding consideration of a Pre-
Annexation Agreement with Michael and Ann Eckstein for the property located at 1910 North
Orchard Beach Drive.
Deputy City Administrator Martin stated notice of the Public Hearing was published in
the Northwest Herald on June 13, 2009.
Deputy City Administrator Martin noted Mr. Eckstein has requested permission to
connect to the municipal sanitary sewer system. As the property is currently not contiguous to
the City, Staff has prepared a Pre-Annexation Agreement which would allow for connection
subject to the applicant paying non-resident fees and that the subject property be annexed
within 90 days of its becoming contiguous.
In response to Mayor Low's inquiry there were no questions or comments from City
Council or the audience. City Clerk Jones noted there had been no written or oral comments
submitted to the City Clerk's office regarding this matter.
Motion by Glab, seconded by Santi, to close the Public Hearing regarding consideration
of a Pre-Annexation Agreement with Michael and Ann Eckstein for the property located at 1910
North Orchard Beach Drive at 7:40 p.m.
Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Schaefer.
Motion carried.
The Public Hearing was closed at 7:40 p.m.
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June 29, 2009
CONSIDERATION AND ACTION REGARDING MATTER DISCUSSED IN PUBLIC HEARING: PRE-
ANNEXATION AGREEMENT — 1910 NORTH ORCHARD BEACH DRIVE, MICHAEL AND ANN
ECKSTEIN
Motion by Murgatroyd, seconded by Santi, to accept Staffs recommendation to pass an
ordinance authorizing the Mayor and City Clerk's execution of a Pre-Annexation Agreement
with Michael and Ann Eckstein for the property located at 1910 North Orchard Beach Drive and
to approve the applicants' connection to the municipal sanitary sewer system, subject to
payment of non-resident fees and annexation of the subject property within 90 days of its
becoming contiguous to the City.
Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon, Low.
Voting Nay; None.
Absent: Schaefer.
Motion carried.
PUBLIC INPUT SESSION
Joe Vallez, resident of 6920 Waterford, addressed Council regarding traffic safety. Mr.
Vallez stated he is President of the Legend Lakes Neighborhood 1 Home Owners Association. He
noted there is a lack of stop signs in the neighborhood which causes safety concerns. Mr. Vallez
complimented Deputy City Administrator Martin for his professionalism in dealing with him
regarding the difficulties experienced in Legend Lakes Subdivision.
CONSENT AGENDA
`— Alderman Murgatroyd left the Council Chambers at 7:44 p.m.
Alderman Glab requested the June 15, 2009 minutes be amended to reflect that he
expected District 156 to take care of their property, not the entire drainage ditch. City Clerk
Jones acknowledged the minutes would be amended as requested.
Motion by Santi, seconded by Wimmer, to accept the Consent Agenda as amended:
A. Temporary closure of Washington Street for Honorary Street Sign Ceremony: Honorary
Jackson Grabow Way;
B. NIPCL Facility Fund Five-Year Agreement at$3,000 per year;
C. City Administrator Employment Agreement Renewal;
D. Block Party request:
Tom and Marge Fellberg, Liberty Trails Subdivision, Saturday,August 15, 2009'
E. City Council minutes:
June 15, 2009 regularly scheduled meeting;
F. List of Bills:
ACRES GROUP 11,320.00
ADAMS ENTERPRISES INC, R 198.26
AGS REBUILDERS 288.00
AMELIO, ROBERT 188.00
�� ANDERSON, LORI 290.63
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June 29,2009
ARAMARK 591.16
AT&T 1,644.27 \
AT&T LONG DISTANCE 67.05
AUTO TRUCK GROUP 176.26
BANK OF NEW YORK, THE 525.00
BANKCARD SERVICES 207.09
BECKER, CASSANDRA L 193.75
BENTZ, DONALD J 229.50
BETANCOURT, DANIELLE 1,094.00
BREMER, CURTIS H 2O8.00
BRENNAN, DAN 1,640.00
BUSS FORD SALES 34.18
CARDIAC CARE SERVICES IN 238.95
CAREY ELECTRIC 982.00
CDW GOVERNMENT INC 180.14
CHOPIN, CHRISTINA 173.00
CONCRETE SOLUTIONS 494.00
CONSERV FS 371.92
CONSTELLATION NEWENERGY 39,552.36
CRESCENT ELECTRIC SUPPLY 80.10
CURRAN CONTRACTING COMPA 2,197.76
CURVES OF MCHENRY 30.00
D'S MARINE SERVICE INC 157.23
DELISI, PHIL 200.00
DELL MARKETING LP 179.10
DONEVSKI, GRACE 30.00
DONS CLEANERS 32.00
DREISILKER ELECTRIC MOTO 364.54
DUCY, DIANE 121.00
DURA WAX COMPANY INC, TH 48.35
FISCHER BROS FRESH 508.75
FLAGHOUSE 87.87
FLESCH COMPANY INC, GORD 96.32
FOWLER, JEFF R 276.00
FOXCROFT MEADOWS INC 227.60
G & E GREENHOUSES INC 704.80
G IMPRESSIONS INC 246.40
GAHGAN, MICHELLE 16.50
GARELLI, EMILY 65.00
GIALLUISI, PATRICIA 95.00
GLICK, DEBORAH A 31.82
GLUSAK, LIANA 80.00
GOLD MEDAL PRODUCTS 560.81
GROWER EQUIPMENT & SUPPL 350.00
GURRIE, LETITIA 102.98
HALOGEN SUPPLY COMPANY 313.46
HARM'S FARM 8.58
HUEMANN, LINDA 105.00
ILLINOIS EPA 1,000.00
INNOVATIVE PACKAGING INC 100.00
JC LICHT AND COMPANY 105.52
JIMANOS PIZZERIA 44.00
JULIE INC 316.20
JUNGMANN, MARLENE B 454.00
KALE UNIFORMS INC 293.13
KIMBALL MIDWEST 479.59
KING, LAURA 170.50
LAMBERT, FRANCES B 63.00
LANG PONTIAC-CADILLAC-SU 162.21
LEXISNEXIS 119.00
MAD SCIENCE OF MCHENRY C 1,625.00
MAZZUCA, JOE 299.00
MCCANN INDUSTRIES INC 1,845.00
MCHENRY ANALYTICAL WATER 80.00
MCHENRY COUNTY GLASS & M 240.00
MCHENRY SPECIALTIES 55.00
MEIER & SONS FENCE MFG, 2,426.99
MENDEZ LANDSCAPING & BRI 700.00
MERKEL, MARISA 250.00
MEYER MATERIAL COMPANY 319.02
MID AMERICAN WATER OF WA 552.00
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June 29, 2009
MINUTEMAN PRESS OF MCH 2,074.40
MOORE, KEVIN 280.50
NEXTEL 2,622.06
NICOR GAS 1,281.09
NORTHWEST HERALD 211.60
OLSEN SAFETY EQUIPMENT C 95.75
OTTOSEN BRITZ KELLY COOP 1,925.00
PACE 6,787.75
PAYLINE WEST INC 27.82
PEPSI-COLA GENL BOT 790.04
PETROLIANCE LLC 11,668.93
PETTIBONE & CO, P F 405.45
PRO PLAYER CONSULTANTS I 1,600.00
QUALLS, KIM 145.00
REINDERS INC 80.89
RICHTER, SHERI 40.00
RIDGEVIEW ELECTRIC INC 876.50
ROC CONSTRUCTION SUPPLY 173.33
ROCK RIVER ARMS INC 379.30
ROLLER'S TENNIS & GOLF 30.00
RUNIONS, AMBER 228.00
SEC GROUP INC 16,553.67
SECRETARY OF STATE 6.00
SECRETARY OF STATE / POL 78.00
SHERMAN MECHANICAL INC 695.66
SHERWIN INDUSTRIES INC 91.66
SIERACKI, LEN 163.00
STANS OFFICE TECHNOLOGIE 64.34
STAPLES BUSINESS ADVANTA 878.51
STEKL, DIANE 340.00
STONE, TANYA L 630.00
SYMBOLARTS 160.00
TAPCO 720.49
TEGTMEIER, TERRY 299.00
THOMAS TRUCKING INC, KEN 490.00
UNITED LABORATORIES 457.86
UNITED PARCEL SERVICE 72.00
VANNERSON, JOE 19.44
WALLS, CHERYLE 700.00
WALMART COMMUNITY 327.22
WASTE MANAGEMENT OF WI P 8,144.31
WITT, CINDY 117.19
ZEP SALES & SERVICE 86.60
ZUKOWSKI ROGERS FLOOD & 7,185.00
GRAND TOTALS 149,907.03
FUND TOTALS
GENERAL FUND 64,870.03
PAGEANT FUND 305.00
DEVELOPER DONATION FUND 876.50
TIF FUND 9,539.45
DEBT SERVICE-1997A FUND 525.00
CAPITAL IMPROVEMENTS FUND 9,311.21
WATER/SEWER FUND 59,058.51
RISK MANAGEMENT FUND 240.00
INFORMATION TECHNOLOGY FUND 701.33
RETAINED PERSONNEL ESCROW _4,480.00
TOTALS 149,907.03
Voting Aye: Santi, Glab, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Schaefer, Murgatroyd.
Motion carried.
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June 29,2009
FENCE VARIANCE: 3508 WASHINGTON STREET,CHARLES COPLEY
Deputy City Administrator Martin stated a request was submitted by Charles Copley for
a fence variation for his property located at 3508 Washington Street. Mr. Copley resides on a
double-frontage lot and is seeking a variance to allow a five-foot high Catalina stone and
aluminum fence parallel to Washington Street and First Avenue. In addition, Mr. Copley is
requesting six-foot high solid cedar fencing along the western property line, which would
encroach in the required front yard as defined by ordinance. Staff has reviewed the request and
supports the applicant's requested variance.
Alderman Murgatroyd returned to Council Chambers at 7:45 p.m.
Alderman Santi acknowledged the proposed fencing fits in well with the surrounding
properties.
Alderman Glab inquired if a retaining wall was being proposed. Deputy City
Administrator responded the request is for a decorative fence. Alderman Glab asked that the
variance be clarified to spell out that the fence meets the standards of the fence ordinance.
Motion by Wimmer, seconded by Santi, to accept Staffs recommendation to approve a
variance as requested by Charles Copley for his property located at 3508 Washington Street as
follows:
1. To allow a five-foot high Catalina and aluminum fence in designated front yards along
Washington Street and First Avenue;
2. To allow a six-foot high solid cedar fence along the western property line, encroaching in
the required front yard as defined by ordinance;
3. And that the fence must meet all standards for fence construction as stated in the City's
ordinance.
Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Schaefer.
Motion carried.
REQUEST FOR TEMPORARY STREET CLOSURES FOR MCHENRY ELEMENTARY EDUCATION
FOUNDATION SK RUN IN TRAILS OF WINDING CREEK AND PARK RIDGE ESTATES SUBDIVISION
ON SEPTEMBER 13, 2009
Assistant City Administrator Hobson stated the McHenry Elementary Education
Foundation has hosted walk-a-thons for the past six years as a means to raise money for District
15 school programs. This year the foundation is attempting a more formalized event and is
proposing a 5K (3.1 miles) walk/run in the Park Ridge Estates neighborhood on Sunday,
September 13, 2009 at 8 a.m. The run will be based at Riverwood School with all staging,
registration, and parking, as well as race finish line,contained on the site. _
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June 29,2009
Assistant City Administrator Hobson stated the walk/run would require temporary
closure of Glenbrook Trail and Dartmoor Drive in the Trails of Winding Creek and Park Ridge
Estates Subdivision. The streets would be closed for no more than 30 minutes as the
walkers/runners complete that portion of the course. Assistant City Administrator Hobson
noted Staff believes the event is well-organized, and stated Sue Miller, of the McHenry
Elementary Education Foundation was in attendance to address any questions or concerns.
Alderman Condon requested clarification regarding the start time of the event. Assistant
City Administrator Hobson responded the event begins at 8 a.m.
Alderman Santi stated he is comfortable with the event.
Alderman Murgatroyd requested clarification regarding where participants would park.
Ms. Miller responded they are expecting a large turnout, but believed there would be adequate
parking in the Riverwood School lot. Ms. Miller also noted signage and volunteers will be on
hand to provide directions for participants and viewers.
Motion by Condon, seconded by Santi,to accept Staffs recommendation to approve the
temporary closure of streets within the Trails of Winding Creek and Park Ridge Estates
Subdivision on Sunday, September 13, 2009 for the McHenry Elementary Education Foundation
5K Run.
Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Schaefer.
Motion carried.
REQUEST FOR CONDITIONAL USE PERMIT FOR OUTSIDE STORAGE IN CONJUNCTION WITH A
LANDSCAPE CONTRACTOR'S BUSINESS—3966 WEST DAYTON STREET,JOHN BENKENDORF
Mayor Low stated the request for conditional use permit to allow outside storage in
conjunction with a landscape contractor's business located at 3966 Dayton Street was pulled
from this evening's agenda at the applicant's request.
REQUEST FOR CONDITIONAL USE PERMIT TO SERVE ALCOHOLIC BEVERAGES IN
CONJUNCTION WITH A RESTAURANT—3425 PEARL STREET, GEORGE SCHMIDT
Deputy City Administrator Martin stated George Schmidt has submitted an application
for conditional use permit to allow the service of alcoholic beverages at his restaurant, Green
Pearl Bistro (formerly the Whales Tail Restaurant), located at 3925 Pearl Street. The Planning
and Zoning Commission considered the request at a Public Hearing held on June 18, 2009 and
unanimously recommended approval. An ordinance has been prepared granting the conditional
use permit should Council support the request.
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June 29,2009
Motion by Santi, seconded by Wimmer, to accept the unanimous recommendation of
the Planning and Zoning Commission to pass an ordinance granting a conditional use permit to
allow the service of alcoholic beverages in conjunction with the Green Pearl Bistro located at
3425 Pearl Street.
Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Schaefer.
Motion carried.
REQUEST FOR CLASS A LIQUOR LICENSE FOR GREEN PEARL BISTRO, 3425 PEARL STREET AND
ORDINANCE INCREASING THE NUMBER OF CLASS A LIQUOR LICENSES FROM 25 TO 26
City Administrator Maxeiner stated the Applicant, George Schmidt, submitted all
appropriate paperwork, paid the associated fees, and submitted to fingerprinting in conjunction
with his application for a Class A Liquor License for the Green Pearl Bistro located at 3425 Pearl
Street. He noted the Mayor has met with Mr. Schmidt and recommends approval of the
application. City Administrator Maxeiner stated an ordinance increasing the number of Class A
Liquor Licenses from 25 to 26 has been prepared for Council consideration.
Mayor Low acknowledged that both Mr. Schmidt and the restaurant manager have
completed BASSET training.
Motion by Murgatroyd, seconded by Santi, to accept the Mayor's recommendation to
approve the Class A Liquor License for Green Pearl Bistro located at 3425 Pearl Street as
requested by George Schmidt; and to pass an ordinance increasing the number of Class A
Liquor Licenses from 25 to 26.
Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Schaefer.
Motion carried.
SUPPLEMENTAL GROUNDWATER PROTECTION ORDINANCE
Alderman Wimmer departed the Council Chambers at 8:02 p.m.
City Administrator Maxeiner stated in 2004 Council approved a Groundwater Protection
Ordinance which prohibits wells within an area south of West Elm Street, west of Green Street
and north of Boone Creek. This area was established as part of the remediation plan for soil
contamination at the corner of Elm Street and Richmond Road.
City Administrator Maxeiner stated Mr. Don's Cleaners, located at 1207 North Third
Street, has been working with Northern Environmental to address the presence of some
chemical constituents in the ground near the business. As part of the remediation process, the
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June 29,2009
IEPA has requested the expansion of the original Groundwater Protection Ordinance to include
additional area north of Waukegan Road, south of West Elm Street, and west of Boone Creek.
Staff has determined there are no wells in existence within the proposed protection area. The
municipal water supply serves the proposed area. Therefore, the proposed expansion of the
protected area would not place a hardship on any property owner. Staff supports the request
to expand the Groundwater Protection Area and has prepared an ordinance providing for the
expansion for Council's consideration.
Alderman Murgatroyd stated it behooves the City to make adjustments to the protected
area from time to time.
In response to an inquiry from Alderman Glab, City Administrator Maxeiner provided
clarification regarding the precise boundaries of the proposed expanded area.
Motion by Murgatroyd, seconded by Condon, to accept Staffs recommendation to pass
a Supplemental Groundwater Protection Ordinance providing for the expansion of the
groundwater protected area to include all properties south of West Elm Street, north of
Waukegan Road and west of Boone Creek as depicted on Exhibit A attached to the Ordinance,
namely:
All properties bounded by Elm Street(Illinois Route 120)to the north,Third Street to the east,Waukegan
Road to the south,and Front Street(Illinois Route 31)to the west;
and
All properties bounded by Elm Street(Illinois Route 120)to the north,Boone Creek to the north and east,
Green Street to the east,Waukegan Road to the south,and Third Street to the west.
Voting Aye: Santi, Glab, Murgatroyd, Peterson, Condon.
Voting Nay: None.
Absent: Schaefer, Wimmer.
Motion carried.
Alderman Wimmer returned to the Council Chambers at 8:06 p.m.
PROPOSAL FROM WATER WELL SOLUTIONS FOR REHABILITATION OF WATER WELL #2 IN AN
AMOUNT NOT-TO-EXCEED$30,969
City Administrator Maxeiner stated Well#2 is one of two wells which provide raw water
to Water Treatment Plant #1 located on Green Street. The well was last rehabilitated in 2006
-using acid treatment and air bursting with very limited success. At that time a new pump and
motor were installed.
City Administrator Maxeiner stated Water Well Solutions has provided the City with a
proposal which recommends a high rate injection process. The process injects high rates of
national sanitation foundation (NSF) approved chemicals into the well, removing any mineral
and biological buildup to allow for additional water production capacity. This process has been
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June 29,2009
successfully utilized on City wells#5, #6, and #8. Water Well Solutions is the sole provider of the -�
high rate injection process.
City Administrator Maxeiner stated the 2009-2010 budget includes $55,000 for well
rehabilitation. It is Staffs recommendation to accept the proposal submitted by Water Well
Solutions for the high rate injection process to be performed on Well #2 in an amount not-to-
exceed$30,969.
Alderman Murgatroyd inquired if the remediation is a long-term process. Director of
Public Works Schmitt responded the high rate injection process works very well on the City's
type of wells.
Motion by Wimmer, seconded by Santi, to approve Staffs recommendation to accept
the proposal submitted by Water Well Solutions for the high rate injection process to be
conducted on Well#2 in an amount not-to-exceed$30,690.
Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Schaefer.
Motion carried.
MAYOR—STATEMENT AND REPORT '^
Mayor Low stated the Landmark Commission did a wonderful job preparing for and
hosting the Day at Petersen Farm on Sunday, and noted more than 2,000 were in attendance
for the event.
Mayor Low announced an Honorary Street Sign Ceremony in commemoration of
Jackson Grabow will be held on Thursday, July 2, 2009 at 6 p.m. at the intersection of
Washington Street and Riverside Drive.
COMMITTEE REPORTS
Chairman Alderman Wimmer announced a Public Works Committee meeting is
scheduled for Monday,July 6, 2009 at 6:30 p.m. in the Aldermen's Conference Room.
STAFF REPORTS
Assistant City Administrator Hobson announced the Fireworks display is scheduled for
Saturday, July 4, 2009. Gates open at 4 p.m.; music will be provided between 6 p.m. and 9 p.m.
The fireworks will begin at dusk,approximately 9:30 p.m.
FUTURE AGENDA ITEMS
Alderman Condon complimented the Landmark Commission on their fine work in
making the Day at Petersen Park such a wonderful family event.
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June 29,2009
ADJOURNMENT
Motion by Wimmer,seconded by Peterson, to adjourn the meeting at 8:12 p.m.
Voting Aye: Santi,Glab, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Schaefer.
Motion carried.
The meeting was adjourned at 8:12 p.m.
Mayor City Clerk