HomeMy WebLinkAboutMinutes - 06/01/2009 - City Council REGULAR MEETING
JUNE 1, 2009
A regular meeting of the McHenry City Council was called to order by Mayor Low at 7:30
p.m. on Monday, June 1, 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, Finance Director Black.
PUBLIC HEARING:AMENDMENT TO LIVING SPRINGS ANNEXATION AGREEMENT
Mayor Low at 7:31 p.m. opened the Public Hearing to consider the First Amendment to
the Living Springs Annexation Agreement.
In attendance was Steve Barron of Spectrum Management Company, representing
Living Springs LLC, as well at Attorney Christina Dalman.
Deputy City Administrator Martin stated when Heritage Woods supportive living facility
on Crystal Lake Road was initially approved by Council and constructed in 2006, the request
included 99 congregate care units in the building. However, due to the modular construction of
the facility, there are actually 100 units in the building. The request before Council this evening
is to amend the annexation agreement to allow for 100 units as well as to amend the initial
conditional use permit to allow the additional living unit in the structure. Deputy City
Administrator noted the 100th unit has been used as a common area. Council approval would
allow its conversion to a private living unit. Council action includes two separate motions: one
to allow the amendment to the agreement, which requires a 2/3 majority of all the corporate
officials; one to allow the amendment to the conditional use permit.
Alderman Condon inquired if the 100th unit is already set up as a dwelling space. Mr.
Baron responded in the affirmative.
Alderman Glab inquired if the title had been obtained for the center portion of the
property. Attorney Dalman responded the title has been properly transferred. Alderman Glab
stated he would not support this proposed amendment. He noted there are too many
outstanding issues.
In response to Mayor Low's inquiry, there were no questions or comments from the
audience. City Clerk Jones reported there had been no verbal or written comments received by
the City Clerk's Office with regard to this matter.
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June 1,2009
Page 2
Motion by Murgatroyd, seconded by Santi,to close the Public Hearing at 7:37 p.m.
Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay; Glab.
Absent: None.
Motion carried.
Motion by Condon, seconded by Schaefer, to accept Staffs recommendation to pass an
ordinance authorizing the First Amendment to the Living Springs LLC Annexation Agreement
allowing for a total of 100 dwelling units in Heritage Woods Supportive Living Facility.
Voting Aye: Santi,Schaefer, Murgatroyd, Wimmer, Peterson, Condon, Low.
Voting Nay: Glab.
Absent: None.
Motion carried.
Motion by Murgatroyd, seconded by Condon, to accept Staffs recommendation to pass
an ordinance providing for the amendment to Ordinance No. ORD-06-1301, allowing 100
dwelling units in Heritage Woods Supportive Living Facility.
Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: Glab.
Absent: None.
Motion carried.
PROCLAMATION: NATIONAL GARDEN WEEK
Mayor Low read into the record of the meeting a proclamation declaring the Week of
June 7, 2009 as National Garden Week in the City of McHenry. Mayor Low presented the
framed proclamation to members of the McHenry Garden Club who were in attendance.
PRESENTATION: PACE/DIAL-A-RIDE
In attendance was Mary Donner, representing PACE/Dial-A-Ride Program. Ms. Donner
presented the City with a check representing an increase in PACE funding for 2009 services in
the City of McHenry for its Dial-A-Ride Program in the amount of$223,725.
Mayor Low expressed the City's gratitude for the increase in contribution toward this
very worthwhile program.
PUBLIC INPUT SESSION
Cliff Meyer, President of Lakewood Road Property Owners Association, presented a
check in the amount of$100 on behalf of the Association for use in helping to defray the City's
cost in supporting the annual Fiesta Days celebration.
June 1,2009
Page 3
Mayor Low thanked Mr. Meyer for the Association's donation and noted it was greatly
appreciated.
CONSENT AGENDA
Motion by Wimmer, seconded by Santi, to approve the Consent Agenda as presented:
A. Request for special use/picnic permits;
B. City Council Meeting Minutes:
April 20, 2009 regularly scheduled meeting;
April 27, 2009 annual meeting;
May 4, 2009 regularly scheduled meeting;
May 11, 2009 regularly scheduled meeting;
May 18, 2009 regularly scheduled meeting
C. List of Bills:
A W TOOL SALES INC 79.95
ACE TOWING & RECOVERY 25.00
ADAMS STEEL SERVICE INC 349.52
AMELIO, ROBERT 282.00
AMERICAN HOTEL REGISTER 642.89
ARAMARK 573.35
AT&T 4,536.62
AT&T LONG DISTANCE 62.26
AT&T SERVICES INC 42.00
AUTO TRUCK GROUP 890.92
BANK OF NEW YORK, THE 57,315.00
BENTZ, DONALD J 127.50
BERGGREN, LEE 95.00
BERRYMAN EQUIPMENT COMPA 3,241.57
BEST WAY 24 HOUR TOWING 53.00
BLUE CROSS BLUE SHIELD O 120,813.30
BOONE CREEK GOLF CLUB IN 450.00
BREMER, CURTIS H 78.00
BROGAN, WILLIAM J 27.60
BUENZLI INC, JAMES J 620.00
BURTON, DIANN 20.00
BUSS FORD SALES 322.50
C&H DISTRIBUTORS INC 809.59
CALEA 4,195.00
CDS OFFICE TECHNOLOGIES 1,100.00
CDW GOVERNMENT INC 7,965.63
CHICAGO INTERNATIONAL TR 71.58
CONSERV FS 637.95
CONSTELLATION NEWENERGY 37,165.88
CRESCENT ELECTRIC SUPPLY 255.00
CRYSTAL LAKE RADIATOR & 130.00
CURRAN CONTRACTING COMPA 5,027.26
DELISI, PHIL 25.00
DOCUMENT IMAGING DIMENSI 2,956.00
DREISILKER ELECTRIC MOTO 233.36
DURA WAX COMPANY INC, TH 88.15
EJ EQUIPMENT 313.15
FIRST BAPTIST CHURCH OF 30.00
FISCHER BROS FRESH 3,241.87
FIX AND FIT GOLF CORP 175.00
FLESCH COMPANY INC, GORD 682.28
FOWLER, JEFF R 23.00
FOXCROFT MEADOWS INC 373.70
FRANKLIN, JAMES B 75.00
G & E GREENHOUSES INC 708.00
G IMPRESSIONS INC 30.00
�' GITZKE, WILLIAM J 184.85
June 1,2009
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GOLD MEDAL PRODUCTS 409.49
GOPHER 322.48
GREAT LAKES FIRE & SAFET 13.50
HALOGEN SUPPLY COMPANY 2,909.93
HUFFMAN, DAWN 59.48
ILLINOIS STATE POLICE 500.00
INTERSTATE BATTERY SYSTE 47.76
JC LICHT AND COMPANY 211.05
JOHNS TREE SERVICE 900.00
KIMBALL MIDWEST 167.96
KING, LAURA 35.65
KIRCHNER FIRE 72.00
KRATER, JULIE 88.00
KTD INC 444.94
KUS, TOM 51.00
LAKESIDE PEST CONTROL SE 100.00
LIFEGUARD STORE INC, THE 2,310.30
MAR-VEL INTERNATIONAL IN 74.66
MARTEL JR, ROBERT E 36.45
MAZZUCA, JOE 115.00
MCHENRY ANALYTICAL WATER 1,470.00
MCHENRY COUNTY LATINO CO 8,000.00
MCHENRY COUNTY RECORDER 250.00
MCHENRY FAVORITE SPORT C 27.00
MCHENRY SPECIALTIES 5.00
MCMASTER-CARR SUPPLY CO 205.83
METROPOLITAN INDUSTRIES 635.29
MEYER JR, DONALD 50.00
MID AMERICAN WATER OF WA 199.25
MILLER, JACKIE 85.00
MINUTEMAN PRESS OF MCH 151.50
MOORE, KEVIN 255.00
NEXTEL 2,891.16
NICOR GAS 1,807.62
NORSTROM, TERRI 38.00
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NORTH EAST MULTI-REGIONA 4,050.00
NORTHEASTERN IL REGIONAL 3,000.00
NORTHERN ILLINOIS POLICE 3,300.00
NORTHERN ILLINOIS SPECIA 138,108.00
ORIENTAL TRADING CO INC 231.26
PACE 392.68
PAYLINE WEST INC 947.30
PENZE, JACQUELINE S 200.00
PETROLIANCE LLC 5,133.31
PETTIBONE & CO, P F 104.00
PITEL SEPTIC INC 600.00
POPP, LARRY 23.60
PUCHALSKI, RICHARD J 4,751.32
R&J CONTRUCTION SUPPLY C 26.68
REINDERS INC 12.60
RIDGEVIEW ELECTRIC INC 1,000.00
ROWE, HERBERT W 200.00
RUSHING, RHONDA F LANG- 42.80
SCHATZ, DONALD 195.00
SEC GROUP INC 34,241.64
SHERATON CHICAGO NORTHWE 436.00
SHERMAN MECHANICAL INC 618.64
SPRING ALIGN OF PALATINE 982.51
STAN'S FINANCIAL SERVICE 222.00
STANS OFFICE TECHNOLOGIE 159.95
STAPLES BUSINESS ADVANTA 642.64
STATE TREASURER IDOT 6,971.79
SWIFT CO INC, JOHN S 3,366.00
TEGTMEIER, TERRY 92.00
THINK INK INC 1,186.50
THOMAS TRUCKING INC, KEN 770.00
TOPS IN DOG TRAINING COR 250.00
TRAFFIC CONTROL & PROTEC 798.84
VERIZON WIRELESS 155.10 t
VIKING CHEMICAL COMPANY 5,100.00
WALMART COMMUNITY 400.43
June 1,2009
Page 5
WARNER, LISA 60.00
WATER PRODUCTS — AURORA 6,151.00
WEST PAYMENT CENTER 1,404.00
WHOLESALE DIRECT INC 141.02
WOOD, ROLAND 58.84
ZAHN, DAN 240.00
ZUKOWSKI ROGERS FLOOD & 10,655.00
GRAND TOTALS 519,507.98
FUND TOTALS
GENERAL FUND 224,942.42
DEBT SERVICE-1997A FUND 57,315.00
RECREATION CENTER FUND 1,000.00
CAPITAL IMPROVEMENTS FUND 34,496.64
WATER/SEWER FUND 59,660.92
MARINA OPERATIONS FUND 199.25
EMPLOYEE INSURANCE FUND 120,813.30
INFORMATION TECHNOLOGY FUND 11,171.63
RETAINED PERSONNEL ESCROW 5,157.50
POLICE PENSION FUND 4,751.32
TOTALS 519,507.98
Voting Aye: Santi, Glab,Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUESTS FROM THE MCHENRY AREA JAYCEES FOR THE FOLLOWING IN CONJUNCTION WITH
ITS ANNUAL HAUNTED HOUSE EVENT:
ANNUAL USE OF FIRST FLOOR OF KNOX PARK BARN;
TEMPORARY SIGN PERMIT FOR 2009;
WAIVER OF ALL ASSOCIATED FEES FOR 2009 EVENT
Deputy City Administrator Martin stated the McHenry Area Jaycees are seeking
permission to host their Annual Haunted House in the Knox Park Barn. Additionally, the request
includes permission to continue to utilize the first floor of the barn throughout the year for
storage of the Haunted House materials. The request to store the materials on an annual basis
has been approved by the Parks and Recreation Department. If Council concurs with the year-
round use, Staff would recommend the following conditions be applied:
1. Use of the barn shall be strictly for the Haunted House event;
2. A certificate of insurance naming the City as additionally insured be provided to the City;
3. Once the Haunted House is completely set up, there shall be no further use of the barn
except for the time period when the actual Jaycees Haunted House is open to the public
in the fall;
4. The Jaycees shall submit a design of the haunted house and said design shall be
approved by the Building Commissioner annually;
5. The Jaycees shall make a contribution to the City's annual Fireworks Display at Petersen
Park.
Deputy City Administrator Martin noted the request includes a temporary sign permit
and waiver of all associated fees. It is Staffs recommendation to approve the requests subject
to the previously-mentioned conditions.
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June 1,2009
Page 6
Alderman Santi inquired if the haunted house would remain set up throughout the year. "N.,
He also inquired if the space would be needed by the Parks Department. Deputy City
Administrator Martin responded the haunted house would remain set up. The Parks
Department has stated the space is no longer needed for equipment storage as their
maintenance division has been moved to the City garage on Green Street.
Alderman Glab requested clarification as to the request being for one year only. Deputy
City Administrator Martin responded the request is for one year only at which time the Jaycees
would come back to Council for review and consideration.
Responding to Alderman Schaefer's inquiry, City Administrator Maxeiner noted the
Jaycees would have a key to the barn.
Alderman Glab stated he is confused regarding the wording in condition #3 and opined
the Jaycees will need some time to set up the haunted house.
Motion by Santi, seconded by Condon, to accept Staffs recommendation to approve the
following requests submitted by the Jaycees in conjunction with its Annual Haunted House
event:
1. Use of the first floor of the Knox Park Barn from June 1, 2009 until June 1, 2010, subject
to the following conditions:
a. Use of the barn shall be strictly for the Haunted House event;
b. A certificate of insurance naming the City as additionally insured be provided to the
City;
c. Once the Haunted House is completely set up, there shall be no further use of the
barn except for the time period when the actual Jaycees Haunted House is open to
the public in the fall;
d. The Jaycees shall submit a design of the haunted house and said design shall be
approved by the Building Commissioner annually;
e. The Jaycees shall make a contribution to the City's annual Fireworks Display at
Petersen Park.
2. Temporary sign permit for 2009 event;
3. Waiver of all associated fees for 2009 event.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay; None.
Absent: None.
Motion carried.
REQUEST FOR DEMOLITION PERMIT, 1202 NORTH RIVERSIDE DRIVE
City Administrator Maxeiner stated the property owner of the former Joey T's
Restaurant is seeking permission to demolish the structure located at 1202 North Riverside
Drive. The building underwent extensive fire and smoke damage.
June 1,2009
Page 7
City Administrator Maxeiner noted the matter was discussed at the Landmark
Commission's May meeting; however, the Commission failed to make a recommendation to
Council regarding the demolition. Staff interpreted this as a position of non-support which then
requires Council action regarding the requested demolition permit.
Alderman Wimmer stated he is sad to see the building go, but acknowledged there is no
alternative but to grant the owner's request.
Motion by Wimmer, seconded by Santi, to accept Staffs recommendation to approve
the owner's request to demolish the principal and accessory structures located at 1202 North
Riverside Drive,formerly known as Joey T's Restaurant.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay; None.
Absent: None.
Motion carried.
REQUEST FOR CONDITIONAL USE PERMIT FOR DAYCARE FACILITY AND OUTSIDE STORAGE OF
PLAYGROUND EQUIPMENT—A CHILD'S PLACE, LOT 4.ADAMS COMMERCIAL CENTER
Deputy City Administrator Martin stated A Child's Place daycare facility has been in
operation at 2214 West Route 120 for several years. The owners are in need of expanding their
business and intend to construct a new facility on Lot 4 of Adams Commercial Center. Deputy
City Administrator Martin noted a daycare facility requires a conditional use permit. The
applicant is therefore seeking a conditional use permit to allow the daycare facility as well as to
allow the outside storage of playground equipment on the premises.
Deputy City Administrator Martin reported the applicant appeared before the Planning
and Zoning Commission at a Public Hearing held at its May 7, 2009 regularly scheduled meeting.
The Commission unanimously recommended approval of the request subject to the following
conditions:
1. The applicant shall follow the site plan prepared by Pearson, Brown and Associates; and
2. The conditional use permit shall expire if the business ceases operation for a period of
six months.
Deputy City Administrator Martin stated Staff supports the request subject to the
removal of the condition that the conditional use permit shall expire if the business operation
ceases for at least six months. Staff would prefer the conditional use permit be granted for the
use but not specifically for A Child's Place.
Motion by Schaefer, 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 a daycare facility with associated outside storage of playground equipment for the
property located on Lot 4, Adams Commercial Center subject to compliance with the site plan
prepared by Pearson, Brown and Associates.
June 1,2009
Page 8
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay; None.
Absent: None.
Motion carried.
REQUEST FOR GARAGE SALE PERMIT—CHURCH OF HOLY APOSTLES,5211 BULL VALLEY ROAD
Deputy City Administrator Martin stated a request was submitted by the Church of Holy
Apostles seeking permission to host a community-wide garage sale on their property located at
5211 Bull Valley Road. The sale would occur in the parking area adjacent to Bell Tower Place on
their campus. The Church intends to rent parking spaces to those intending to sell items.
Proceeds from the sale of spaces will go to the Church. Vendors will keep the proceeds from
sales of their items. The event is scheduled for Saturday, June 6, 2009 between the hours of 9
a.m. and 4 p.m.
Deputy City Administrator Martin explained the intricacies of the Municipal Code
regulations regarding garage sales. Garage sales are permitted in residential districts only.
There are exceptions to adhering to the garage sale regulations. Regulations cover the number
of events allowed per calendar year, the hours during which they may be held, permit required,
and signage. There is an exemption provision for garage sales held by not-for-profit
organizations or charitable institutions. However, this exemption applies only when all of the
proceeds of the sale go to the organization or institution. As the Church of Holy Apostles
request is a "hybrid" sale wherein proceeds go to both the Church and the vendors, Staff
thought it appropriate to bring the matter to Council for consideration.
Alderman Condon noted the ambiguity of the garage sale ordinance and opined it
should be addressed at the Community Development Committee.
Alderman Santi stated the garage sale is for a good cause and supports it.
Alderman Glab stated this event is more than a garage sale as the Church is actually
renting spaces out to vendors. He stated he has no problem with this request, but concurred
this matter needs to be reviewed.
City Administrator Maxeiner stated Staff will be cleaning up and clarifying the ordinance.
June 1,2009
Page 9
Motion by Condon, seconded by Wimmer, to accept Staff's recommendation to approve
the request from the Church of Holy Apostles to host a community-wide garage sale on
Saturday, June 6, 2009 between the hours of 9 a.m. and 4 p.m. in the parking lot adjacent to
Bell Tower Place on their campus located at 5211 Bull Valley Road.
Voting Aye: Santi, Glab,Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay; None.
Absent: None.
Motion carried.
MAYOR STATEMENT AND REPORT
Mayor Low thanked all of those who attended the Memorial Day Ceremonies on
Monday, May 25, 2009.
COMMITTEE REPORTS
Chairman Alderman Condon announced there would be a Community Development
Committee meeting on Tuesday,June 2, 2009 at 7 p.m. in the Aldermen's Conference Room.
Chairman Alderman Murgatroyd announced a Finance and Personnel Committee
meeting is tentatively scheduled for Monday, June 15, 2009 at 6:30 p.m. in the Aldermen's
Conference Room. He requested committee members contact Finance Director Black regarding
their availability.
STAFF REPORTS
Assistant City Administrator Hobson reported the Fishing Derby is scheduled for
Saturday, June 6t" at Whispering Oaks Park. The Miss McHenry Car Wash will also be held this
weekend beginning at 10 a.m. on Saturday at Dollar Video. The Annual Lion's Carnival is
scheduled for June loth_13t" at Petersen Park. The Kiwanis Soap Box Derby will take place
Saturday,June 13tn
FUTURE AGENDA ITEMS
Alderman Glab inquired if the City beach is now open and the hours of operation.
Assistant City Administrator Hobson responded the City beach is open between noon and 5
p.m. Alderman Glab stated recently he observed the umbrellas were down by 2 p.m. and the
bathrooms were locked. He opined there are some things that need to be addressed.
Cliff Meyer, resident of Lakewood Road Subdivision, commented on the boat launch at
Petersen Park. He noted the Lakeland Park boat launch signs specify the horse power
limitations for McCullom Lake. However, the signs at the Petersen Park boat launch do not
indicate the horse power limitations. Assistant City Administrator Hobson responded the
Petersen Park boat launch does not accommodate motorized boats.
Alderman Schaefer stated it was unfortunate Veterans Park could not be used for last
.� week's high school band concert, but the event went well anyway.
June 1,2009
Page 10
EXECUTIVE SESSION: PROPERTY ACQUISITION AND COLLECTIVE BARGAINING
Motion by Wimmer, seconded by Condon, to go into Executive Session to discuss
Property Acquisition and Collective Bargaining at 8:09 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay; None.
Absent: None.
Motion carried.
Council went into Executive Session at 8:13 p.m.
Motion by Wimmer, seconded by Santi, to go back into Open Session at 8:41 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 8:41 p.m.
OPEN SESSION REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION
Motion by Murgatroyd, seconded by Wimmer, to approve and authorize the City
Administrator's execution of the Collective Bargaining Agreement for FOP Unit II.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay; None.
Absent: None.
Motion carried.
ADJOURNMENT
Motion by Wimmer, seconded by Santi, to adjourn the meeting at 8:42 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting was adjourned at 8:42 p.m.
Mayor City Cerk