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HomeMy WebLinkAboutMinutes - 06/15/2009 - City Council REGULAR MEETING JUNE 15, 2009 A regular meeting of the McHenry City Council was called to order by Mayor Low at 7:30 p.m. on Monday, June 15, 2009 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, and Condon. Absent: None. City Staff 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 INPUT SESSION There was no one who signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Alderman Glab requested Item A. Ordinance Adopting the FY 2009/2010 Prevailing Rate of Wages be pulled from the Consent Agenda for further consideration. Motion by Glab, seconded by Murgatroyd, to approve the Consent Agenda as amended: B. Ordinance amending Municipal Code Chapter 4,Alcoholic Beverages C. MAYC request for waiver of Petersen Park Beach admission and canoe rental fees for summer program field trips D. Picnic Permits; E. Block Party requests: Nicholas Wirth, Olde Mill Ponds Subdivision, 7/4/09; Jim McClain,Abbey Ridge Subdivision, 7/4/09 F. City Council Meeting Minutes: June 1,2009 regularly scheduled meeting; G. List of As-Needed checks: ALBERTSONS 45.58 BANK OF NEW YORK, THE 21,825.00 FOP UNITS I/II 1,824.00 FOX VALLEY FENCE & SUPPL 2,864.60 ILLINOIS STATE TREASURER 3,260.75 IUOE, LOCAL 150 2,941.77 MCHENRY COUNTY COLLECTOR 16,088.83 MCHENRY CTY CLERK OF THE 20,050.14 MCHENRY FAVORITE SPORT C 77.00 NATIONAL GUARDIAN LIFE I 42.33 NCPERS GROUP LIFE INS. 320.00 NORTH SHORE NETTING SYST 22,998.00 POSTMASTER MCHENRY IL 1,224.34 PRE-PAID LEGAL SERVICES 181.30 RIDGEVIEW ELECTRIC INC 4,822.70 SECRETARY OF STATE 10.00 SPAETH, THOMAS 1,110.38 UNITED PARCEL SERVICE 93.33 UNUM 1,685.77 GRAND TOTALS 101,467.82 June 15,2009 Page 2 FUND TOTALS GENERAL FUND 28,299.04 PAGEANT FUND 77.00 DEVELOPER DONATION FUND 32,232.06 DEBT SERVICE-1997A FUND 21,825.00 WATER/SEWER FUND 128.12 UTILITY IMPROVEMENTS FUND 4,822.70 MARINA OPERATIONS FUND 9,702.77 EMPLOYEE INSURANCE FUND 1,110.38 MCHENRY ECONOMIC DEVELOPMENT 10.00 POLICE PENSION FUND 3,260.75 TOTALS 101,467.82 H. List of Bills: ACE HARDWARE, BJORKMAN'S 1,701.77 ACH DIRECT INC 880.00 ACME BRICK & SUPPLY CO 347.40 ADAMS ENTERPRISES INC, R 316.68 ALEXANDER LUMBER CO 199.21 ARAMARK 190.14 ARBOR DAY FOUNDATION 15.00 ARCOA .INDUSTRIES LLC 88.22 AT&T 57.27 B&W CONTROL SYSTEMS INTE 1,531.90 BAILEY, JESSIE 35.00 BANK OF NEW YORK, THE 600.00 BATTERIES PLUS 48.00 BAXTER & WOODMAN 366.15 BEAR CREEK MUSIC 200.00 BEGGS, KEVIN 112.34 BERGGREN, LEE 378.50 BERRYMAN EQUIPMENT COMPA 2,594.44 BEST WAY 24 HOUR TOWING 3.00 BOTTS WELDING & TRUCK SE 38.50 BRENNAN, DAN 2,440.00 BUSS FORD SALES 1,406.63 CAPITAL GAINS INCORPORAT 8,337.00 CARQUEST AUTO PARTS STOR 664.54 CDW GOVERNMENT INC 99.40 CENTEGRA OCCUPATIONAL ME 522.00 CERNY, ANA 160.00 CHICAGO INTERNATIONAL TR 1,206.17 CHRISTIE; BRITTANY 572.00 CINTAS CORPORATION #355 1,259.32 COMCAST CABLE 74.90 COMED 34,943.00 COMMUNICATIONS REVOLVING 115.00 CONNEY SAFETY PRODUCTS 183.40 COUNTY CLERKS OFFICE 10.00 CRESCENT ELECTRIC SUPPLY 1,017.65 CURRAN CONTRACTING COMPA 2,533.48 D'ANGELO NATURAL SPRING 38.75 DAM, CHRISTINA 75.00 DEBOLT, JUSTIN 27.29 DELL MARKETING LP 167.16 DIEDRICH, MOLLY 85.00 DREISILKER ELECTRIC MOTO 1,705.83 DURA WAX COMPANY INC, TH 1,748.90 EAST JORDAN IRON WORKS 154.28 ED'S AUTOMOTIVE/JIM'S MU 115.00 ED'S RENTAL & SALES INC 23.29 ENVIRONMENTAL RESOURCE A 534.27 FAST EDDIES CAR WASH 182.90 FISCHER BROS FRESH 1,401.87 FISHER, MARC 43.98 �r FOXCROFT MEADOWS INC 780.68 FUTURE LINK OF ILLINOIS 21,165.00 G IMPRESSIONS INC 145.00 June 15,2009 Page 3 GALLAGHER RISK MANAGEMEN 29.00 GITZKE, WILLIAM J 60.00 GOLD MEDAL PRODUCTS 1,204.33 GONZALEZ, HELEN 69.00 GRAINGER 170.79 HACH COMPANY 422.47 HALOGEN SUPPLY COMPANY 3,293.48 HARM'S FARM 30.00 HARRIS, TIMOTHY 409.00 HARRISON & ASSOCIATES IN 1,500.00 HERITAGE-CRYSTAL CLEAN 118.75 HOBSON, BILL 20.00 HOME STATE BANK 3,987.50 HUSTLER SPORT CENTER 72.00 ILEAS 100.00 ILLINOIS RURAL WATER 129.00 INDUSTRIAL SHELVING SYST 468.50 INNOVATIVE PACKAGING INC 6,544.00 INTERSTATE BATTERY SYSTE 11.99 IPRA 20.00 JOHNS TREE SERVICE 475.00 JOHNSON, DAWN 26.46 KALE UNIFORMS INC 185.94 KEN-CO SERVICES 149.50 KIMBALL MIDWEST 606.42 KING, LAURA 8.00 KRUMMET, BILL 450.00 KTD INC 950.19 LANG PONTIAC-CADILLAC-SU 49.31 LEACH ENTERPRISES INC 202.66 LEE AUTO MCHENRY 176.24 LEE PLUMBING 98.00 LIBERTY FLAG & SPECIALTY 324.95 LIFEGUARD STORE INC, THE 107.25 LOEBLICH, JUDY 165.00 LORCH, NANCY 64.16 LRD SYSTEMS & FORMS 412.50 MAD SCIENCE OF MCHENRY C 704.00 ~ MARTIN, DOUG 33.34 MCANDREWS PC, THE LAW OF 6,800.00 MCCANN INDUSTRIES INC 506.45 MCHENRY ANALYTICAL WATER 882.50 MCHENRY AREA CHAMBER OF 250.00 MCHENRY COMMUNITY HIGH S 506.65 MCHENRY COUNTY COUNCIL 0 7,692.34 MCHENRY COUNTY ORTHOPAED 280.00 MCHENRY COUNTY RECORDER 523.00 MCHENRY FIRESTONE 138.49 MCHENRY NAPA 1,113.40 MDC ENVIRONMENTAL SERVIC 8,580.00 MENDEZ LANDSCAPING & BRI 1,810.00 MERKEL, MARISA 11.65 METROPOLITAN INDUSTRIES 1,640.17 MIDCO 2,225.00 MIDWEST HOSE AND FITTING 166.45 MIDWEST METER INC 4,233.46 MINUTEMAN PRESS OF MCH 255.65 NORTHERN ILLINOIS POLICE 120.00 NORTHERN SAFETY CO INC 41.32 NUTOYS LEISURE PRODUCTS 3,555.00 PANERA BREAD 29.90 PC TOOLS LIMITED 605.20 PEPSI-COLA GENL BOT 2,339.16 PERRICONE GARDEN CENTER 1,021.69 PETROLIANCE LLC 6,808.69 PETTIBONE & CO, P F 1,051.62 PETTY, JAYNE 175.00 PIONEER MANUFACTURING CO 25.45 PITTMAN, ERIN 15.00 PLASTINA, DARREN 71.16 `� PRECISION SERVICE & PART 410.81 June 15,2009 Page 4 QUICK, KATHLEEN 137.61 REGNER, WILLIAM J 28.49 REICHE'S PLUMBING SEWER 125.00 REINDERS INC 336.21 RELIABLE SAND & GRAVEL 679.96 RESERVE ACCOUNT 2,108.93 RICHMOND FISHERIES 900.00 RIDGEVIEW ELECTRIC INC 250.00 RIVERSIDE BAKE SHOP 83.61 ROC CONSTRUCTION SUPPLY 272.66 ROTH, SALLY 81.85 SCHOPEN PEST SOLUTIONS 165.00 SCHUSTER, LAURITA 170.00 SCHWEITZER, BRIAN H 150.00 SEC GROUP INC 67,135.40 SECRETARY OF STATE 6.00 SECRETARY OF STATE/INDEX 10.00 SECURE INTEGRATIONS INC 4,085.40 SHAW SUBURBAN MEDIA 1,088.91 SHUETT, DEBORA 60.00 SOBOTTA, NANCY 59.00 SPRINT 116.67 ST PAULS EPISCOPAL CHURC 746.14 STAN'S FINANCIAL SERVICE 222.00 STANS OFFICE TECHNOLOGIE 179.00 STAPLES BUSINESS ADVANTA 331.23 STONE, TANYA L 69.95 STREET EATS CAFE 184.76 STUBBLEFIELD, VIRIGINA 45.00 TAPCO 740.68 THENNES, MIKE 24.00 TRAFFIC CONTROL & PROTEC 1,085.84 TRITON ELECTRONICS INC 648.00 UNIVERSITY OF ILLINOIS 600.00 VALLEY VIEW ACRES 170.00 VIKING CHEMICAL COMPANY 4,462.00 f VILLAGE SQUIRE 30.00 WAGGONER, CAROL A 70.00 WALSH, TAMMY 185.00 WAREHOUSE DIRECT 4,600.00 WASTE MANAGEMENT OF WI P 12,977.78 WIRCH, STEVE 60.00 WIRTZ, PAT 5.87 WOOD, HOLLY 20.33 WORK, AMANDA 50.00 ZAHN, DAN 240.00 GRAND TOTALS 277,376.85 FUND TOTALS GENERAL FUND 119,920.70 PAGEANT FUND 11.65 DEBT SERVICE-1997A FUND 4,587.50 WATER/SEWER FUND 44,075.02 UTILITY IMPROVEMENTS FUND 64,175.40 MARINA OPERATIONS FUND 1,810.00 RISK MANAGEMENT FUND 486.36 INFORMATION TECHNOLOGY FUND 29,212.07 RETAINED PERSONNEL ESCROW 4,761.15 POLICE PENSION FUND 8,337.00 TOTALS 277,376.85 Voting Aye: Santi, Glab,Schaefer, Murgatroyd,Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. June 15,2009 Page 5 CONSENT AGENDA ITEM A: ORDINANCE ADOPTING RATE OF PREVAILING WAGES FOR 2009/2010 FISCAL YEAR Alderman Glab requested additional information regarding where and how the rate of prevailing wages are established for inclusion in the City's ordinance. City Attorney McArdle responded the wage rates are obtained from the Illinois Department of Labor. The City is required to annually adopt an ordinance establishing the prevailing rate of wages for the City. Motion by Wimmer, seconded by Murgatroyd, to pass an ordinance adopting the rate of prevailing wages for the City of McHenry for the 2009-2010 Fiscal Year. Voting Aye: Santi, Glab,Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR FENCE VARIANCE TO CORNER SIDE YARD SETBACK REQUIREMENT', 5200 GLENBROOK TRAIL Deputy City Administrator Martin stated a request was received from L.J. Marek, resident of 5200 Glenbrook Trail, seeking a variance to allow a fence with a five foot setback in the corner side yard of his property. The subject property has frontage on three sides which makes it difficult for the applicant to construct a fence on his premises, particularly if he follows the required setbacks. Deputy City Administrator Martin noted Staff reviewed the request and supports the variance requested provided the applicant observes the regulations for a vision clearance triangle. Alderman Glab inquired about the utility easement shown on the plat of the property. Deputy City Administrator Martin responded the easement is for the location of existing Commonwealth Edison electric lines. He stated Staff would inform the property owner regarding their responsibilities regarding locating the fence in the utility easement. If the utility needs to perform work on the lines in this area, the fence would have to be removed at the homeowner's expense. Motion by Condon, seconded by Santi, to accept Staffs recommendation to approve a fence variance as requested by L.J. Marek for his property located at 5200 Glenbrook Trail, to allow the construction of a six-foot board on board fence within five feet of the property lines along Glenbrook Trail and Crystal Lake Road, provided: 1. The applicant observes the regulations for a vision clearance triangle at the intersection of Glenbrook Trail and Crystal Lake Road;and 2. Staff informs the applicant of his responsibilities regarding fence removal in utility easement if required by the utility. Voting Aye: Santi,Glab, Schaefer, Murgatroyd,Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. �•-- Motion carried. June 15,2009 Page 6 REQUEST FOR TEMPORARY USE PERMIT TO HOST JEWELRY/COLLECTIBLES SNOW AT THE --�, HAMPTON INN, 1555 SOUTH ROUTE 31 Deputy City Administrator Martin stated Crescent Jewelers is seeking permission to hold a one-day jewelry/collectible buying show at the Hampton Inn located at 1555 South Route 31 on Monday,June 29, 2009 between the hours of 10 a.m. and 7 p.m. A similar buying show was conducted in March. Staff noted there were no issues with the March show and supports granting a temporary use permit to allow the show on June 29, 2009. Alderman Glab opined there is not enough parking on the premises to accommodate the buying show. Motion by Santi, seconded by Condon, to accept Staffs recommendation to approve a temporary use permit for a one day jewelry/collectible buying show to be held by Crescent Jewelers at the Hampton Inn, located at 1555 South Route 31, on Monday, June 29, 2009 between the hours of 10 a.m. and 7 p.m. as presented. Voting Aye: Santi, Glab,Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: Peterson. Absent: None. Motion carried. LANDMARK COMMISSION REQUEST FOR: 1. SPECIAL USE PERMIT FOR "A DAY AT PETERSEN FARM" EVENT ON SUNDAY JUNE 28 2009: 2. PERMIT TO POST TEMPORARY ADVERTISING SIGNS FOR THE EVENT: 3. CITY SUPPORT SERVICES FOR THE EVENT In attendance was Landmark Commission Chairman Patrick Wirtz. Assistant City Administrator Hobson stated the City's Landmark Commission is seeking a special use permit to host "A Day at Petersen Farm" on Sunday, June 28, 2009 between the hours of 10 a.m. and 4 p.m. In conjunction with the event, the Commission is also seeking a permit to allow temporary advertising signs,as well as City support services. Assistant City Administrator Hobson noted attendees would park in the hayfield south of McCullom Lake Road and cross to/from the event at a point that would be staffed by a Community Service Officer from the Police Department. In addition to policing services, the event would require park maintenance staff to prepare for and clean up after the event. Staff has reviewed the request and supports the special use permit, temporary advertising signs and City support services as presented. Chairman Wirtz noted the event is a good family event and requested Council support. June 15,2009 Page 7 Alderman Glab inquired as to the hours of City Staff support. Assistant City Administrator Hobson responded approximately seven hours of Community Service Officer support and 4-6 hours of parks maintenance would be required. Mayor Low expressed the City's appreciation for all of the efforts of the City's Landmark Commission. Motion by Schaefer, seconded by Wimmer, to accept Staffs recommendation submitted by the City's Landmark Commission as presented for: 1. Special Use Permit for a "A Day at Petersen Farm"event on Sunday,June 28, 2009; 2. Permit to post temporary advertising signs for the event; 3. City support services for the event. Voting Aye: Santi, Glab,Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FROM FAMILY FUN CIRCUS FOR: 1. SPECIAL USE PERMIT TO HOST CIRCUS AT PETERSEN PARK ON JUNE 27 AND 28, 2009; 2. VARIANCE FROM MUNICIPAL CODE CHAPTER 16 SECTION 16-25 TO ALLOW OVERNIGHT STAY IN THE PARK ON JUNE 27, 2009 Assistant City Administrator Hobson stated a request was received from Family Fun Circus for a special use permit to allow a small circus at Petersen Park on June 27 and June 28, 2009. Although the circus would be held on the same day as "A Day at Petersen Farm", Staff believes there would be plenty of parking to host both events. The events would likely complement each other and thereby increase attendance at both events. Assistant City Administrator Hobson noted the request also includes a variance from the Municipal Code, Chapter 16, Section 16-25, which prohibits overnight stays in City parks. The applicant is seeking permission to stay on premises on June 27, 2009, which would allow oversight of equipment and animals during off-hours. Staff has reviewed the request and supports the request to host the event as submitted. Alderman Murgatroyd inquired if the circus has local credentials. Assistant City Administrator Hobson responded the circus and its employees would be subject to a background check prior to approval being granted,as required by the Municipal Code. Motion by Schaefer, seconded by Wimmer, to accept Staffs recommendation to approve the request submitted by Family Fun Circus for the following as presented: 1. Special Use Permit to host a Circus at Petersen Park on June 27 and June 28, 2009; 2. Variance from Municipal Code Chapter 16, Section 16-25 to allow overnight stay in the `�-- park on June 27, 2009; June 15,2009 Page 8 subject to satisfactory results from background checks of all Family Fun Circus employees and -� associates. Voting Aye: Santi, Glab,Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. COMMITTEE RECOMMENDATION: ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 7 ARTICLE XI, FENCES Deputy City Administrator Martin stated the Community Development Committee recently reviewed the City's fence regulations contained in Chapter 7 of the Municipal Code. Specifically,two issues were addressed: 1. If there is a dead or dying tree which could potentially damage a fence, the tree should be required to be removed; and 2. If a property owner is replacing a section of fencing due to damage and/or disrepair, the new fence section should be compatible/consistent with the fence sections on either side of the repair/replacement. Deputy City Administrator Martin noted the first issue raised is already covered in the Municipal Code, Chapter 24, Section 24-19 which allows the City to remove or cause to be removed 'any dead or diseased tree on private property within the City when such trees constitute a hazard to life or property". With regard to the second issue, the Committee has submitted the following amendments (in bold) to Chapter 7, Section 7-146 for Council consideration: "It shall be unlawful for the owner, occupant or person in custody of any premises in the City, having a fence thereon,to permit such fence in a state or condition of any such disrepair which is liable to cause injury to any person or to property, or which is liable to collapse, or which encroaches upon or leans upon the premises of another. If one or more sections of a fence and/or post(s)are removed because of damage,disrepair or otherwise,the section(s)and/or post(s) must be replaced with a fence similar in style,appearance and height consistent with the fencing immediately adjacent to,on either side of, the piece being replaced so as to have a consistent line of fence". Deputy City Administrator Martin stated if Council concurs with the Committee recommendation, an ordinance has been prepared to adopt the amendments as presented. Alderman Condon stated she is glad the City is making the efforto maintain fencing aesthetics consistently throughout the City. Motion by Condon, seconded by Glab, to accept the recommendation of the Community Development Committee, to pass an ordinance amending the McHenry Municipal Code Chapter 7, Section 7-146 relating to fence regulations as presented. June 15,2009 Page 9 Voting Aye: Santi, Glab,Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CORE-DOWNTOWN SUB-AREA PLAN Deputy City Administrator Martin stated over the past few months the Community Development Committee has been preparing and developing the Core-Downtown Sub-Area Plan. Following multiple forms of public input and participation as well as Staff analysis, the first draft of the document is complete and ready for Council direction. Typically, Council would direct Staff to forward the document to the City's Planning and Zoning Commission for consideration at a Public Hearing. Alderman Murgatroyd stated he does not agree with all aspects of the Plan, but noted it is a good working document. He stated he is interested to see what develops at the Public Hearing before the Planning and Zoning Commission. Alderman Condon stated the Plan is a working document and provides a vision for developers to acknowledge what the City is looking for as the areas within the Plan are redeveloped. Mayor Low recognized Greg Lofgren of 3005 West Clover Avenue, who addressed Council regarding his opinion of the draft Plan. Mr. Lofgren stated he objects to the words, "historic charm". He opined the City needs to keep things historic. Mayor Low recognized Nancy Fike of 3914 West Virginia Street, who addressed Council inquiring who put the Plan together. She also inquired if the Plan was available for public review. Deputy City Administrator Martin responded the Community Development Committee and Staff, along with public input, created the draft Plan. He noted the Plan is available for public review. Alderman Condon stated two Open House events were presented and a survey was submitted. The Plan is a vision. Each of the Sub-Area Plans has included Open Houses for public input. She also noted Community Development Committee meetings are posted and open for the public to attend. Motion by Santi, seconded by Wimmer, to accept the recommendation of the Community Development Committee, to direct Staff to prepare for a Public Hearing before the Planning and Zoning Commission for consideration of the draft Core-Downtown Sub-Area Plan as presented. Voting Aye: Santi, Glab,Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. �. Motion carried. June 15,2009 Page 10 MAYOR STATEMENT AND REPORT .� Mayor Low thanked the McHenry Kiwanis Club for a wonderful event on Saturday, the Annual All-American Soap Box Derby. She acknowledged the Derby is a good community event. COMMITTEE REPORTS There were no Committee Reports STAFF REPORTS Assistant City Administrator Hobson reported the Miss McHenry Pageant is scheduled for Saturday, June 20, 2009. Doors open at 6:30 p.m. at West Campus High School. The Day at Petersen Farm is scheduled for June 28th at the Petersen Farm Homestead grounds. FUTURE AGENDA ITEMS Alderman Glab stated he would like to discuss extraordinary cut-backs of Public Works personnel. He suggested Staff schedule a Public Works Committee meeting to discuss some weed cutting that needs to be done. Alderman Glab suggested the City send a letter to West Campus High School to address their responsibility about maintaining the grass on their property. EXECUTIVE SESSION: LITIGATION Motion by Wimmer, seconded by Schaefer, to go into Executive Session to discuss litigation at 8:11 p.m. Voting Aye: Santi,Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 8:17 p.m. Motion by Wimmer, seconded by Santi,to go back into Open Session at 8:26 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 8:26 p.m. June 15,2009 Page 11 OPEN SESSION REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION There was no action taken in Open Session regarding matters discussed in Executive Session. ADJOURNMENT Motion by Wimmer, seconded by Condon,to adjourn the meeting at 8:27 p.m. Voting Aye: Santi, Glab,Schaefer, Murgatroyd, Wimmer, Peterson,Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 8:27 p.m. 7 AAC C _ Mayor City le k