HomeMy WebLinkAboutMinutes - 04/20/2009 - City Council REGULAR MEETING
AP RI L 20, 2009
A regular meeting of the McHenry City Council was called to order by Mayor Low
at 7:30 p.m. on Monday, April 20, 2009 in the Council Chambers of the Municipal
Center. At roll call the following Aldermen were present: Santi, Glab, Schaefer,
Murgatroyd, Wimmer and Condon. Absent: Peterson. 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,
Parks and Recreation Director Merkel, Public Works Director Schmitt.
PROCLAMATION: LOOK AT LOCAL HISTORY MONTH —"THIS PLACE COUNTS"
In attendance were Landmark Commissioners Patrick Wirtz and Kaaren Gies.
Mayor Low read into the record of the meeting a proclamation declaring May
2009 as "Look at Local History Month: This Place Counts" in the City of McHenry.
Mayor Low then presented the framed proclamation to Landmark Commissioners
Wirtz and Gies.
PUBLIC INPUT SESSION
There was no one who signed in to speak during the Ten Minute Public Input
Session.
CONSENT AGENDA
Alderman Condon commented she is happy to be working with the McHenry
Area Soccer Federation and accepts Staffs recommendation to limit the sign display to
ten days.
Alderman Glab inquired if Nicolino's would have adequate parking for its
Trackside event. City Administrator Maxeiner responded arrangements have been
made with the business to the south to provide additional parking for the event.
Motion by Wimmer, seconded by Condon, to approve the Consent Agenda as
presented:
A. Fiscal Year 2008/2009 Supplemental Appropriation Ordinance;
B. McHenry Area Soccer Federation request for temporary advertising signs and
waiver of associated fees;
C. Special Event Liquor License— Nicolino's Trackside;
D. Purchase of 90 fall seasonal banners from Four Seasons Displays - $5,394;
E. Special Use/Picnic Permits;
F. List of Bills:
AALTO, BRIAN 16.00
ACE HARDWARE, BJORKMAN'S 3,331.93
ADAMS ENTERPRISES INC, R 2,597.19
ADAMS STEEL SERVICE INC 130.16
April 20,2009
Page 2
ADAMS, JOHN 31.30
AHLBORN EQUIPMENT INC 100.84
ALEXANDER LUMBER CO 1,416.42
ALTERNATE POWER INC 2,368.00
AMERICAN HOTEL REGISTER 175.91
AQUAPREP 4,158.00
ARAMARK 71.48
AT&T 71.64
BUSS FORD SALES 231.69
CAREY ELECTRIC 1,518.34
CARQUEST AUTO PARTS STOR 58.43
CENTEGRA OCCUPATIONAL ME 1,542.60
CERTIFIED SERVICES INC 49.24
CHICAGO INTERNATIONAL TR 413.13
CHRISTOPHER, DAVID 37.44
CINTAS CORPORATION #355 1,238.71
CLIFFORD-WALD 196.02
COMCAST CABLE 74.90
COMED 34,119.07
COMMISSION ON ACCREDITAT 135.50
CONSERV FS 7,881.40
CRESCENT ELECTRIC SUPPLY 299.46
CUTTING EDGE COMMUNICATI 3,675.50
D'ANGELO NATURAL SPRING 46.50
DELL MARKETING LP 140.36
DILLON, JOHN 100.56
DURA WAX COMPANY INC, TH 130.70
ED'S AUTOMOTIVE/JIM'S MU 69.00
ED'S RENTAL & SALES INC 62.25
ENTENMANN-ROVIN CO 69.84
FAMILY TAILOR SHOP 72.00
FAST EDDIES CAR WASH 107.15
FLESCH COMPANY INC, GORD 106.46
FOX VALLEY CHEMICAL CO 441.60
FOX VALLEY FENCE & SUPPL 25,781.40 ^
FOXCROFT MEADOWS INC 209.00
FRONTIER CHIROPRACTIC 30.00
G IMPRESSIONS INC 84.00
GALWAY, BROOKE 75.00
GANDOR, MARK 77.50
GLICK, DEBORAH A 203.91
HACH COMPANY 211.51
HANSEN'S ALIGNMENT, DON 65.00
HARKER, MAUREEN B 525.00
HAWKINS INC 1,859.99
HESTER, DANIEL E 8.70
HOLIAN, CAROL 164.00
IAHPC 50.00
INDUSTRIAL SHELVING SYST 498.00
INNOVATIVE PACKAGING INC 526.45
IPRA 409.00
JOHNS TREE SERVICE 800.00
KALE UNIFORMS INC 962.33
KEEVIL, JAMES 10.04
KEN-CO SERVICES 292.07
KIMBALL MIDWEST 555.43
KING, LAURA 1,750.00
KOLLENKARK, WILLIAM 8.70
LANG PONTIAC-CADILLAC-SU 244.44
LEACH ENTERPRISES INC 117.24
LEXISNEXIS 118.00
LINDSEY, ORLY 85.00
LYNCH, CAROLYN 54.99
MARCHEWKA, MIKE 1,020.00
MARLER, DENISE 65.00
MARTELLE WATER TREATMENT 1,275.70
MCANDREWS PC, THE LAW OF 6,800.00
MCHENRY ANALYTICAL WATER 80.00 ^
MCHENRY COMMUNITY HIGH S 6,188.00
MCHENRY COMMUNITY SCHOOL 9,858.75
MCHENRY COUNTY COUNCIL 0 192.00
April 20,2009
Page 3
MCHENRY COUNTY RECORDER 400.00
MCHENRY FIRESTONE 36.00
MCHENRY NAPA 1,761.17
MCHENRY PUBLIC LIBRARY 472.00
MCHENRY TOWNSHIP FIRE PR 64.00
MEADE ELECTRIC COMPANY I 225.44
MEYER MATERIAL COMPANY 999.31
MIDWEST HOSE AND FITTING 56.59
MINUTEMAN PRESS OF MCH 1,765.00
NATIONAL AWARD SERVICES 23.42
PEPSI-COLA GENL BOT 454.00
PETROLIANCE LLC 6,440.15
PETTIBONE & CO, P F 149.00
POPP, LARRY 20.70
PRIME TACK & SEAL CO 714.42
PROSAFETY INC 104.00
R&J CONTRUCTION SUPPLY C 30.00
REICHE'S PLUMBING SEWER 225.00
REID, MICHAEL 38.34
RELIABLE SAND & GRAVEL 4,275.42
RIVERSIDE BAKE SHOP 103.22
SASAK, TODD 197.47
SCHEEL, BRYAN 123.70
SEC GROUP INC 3,944.83
SECRETARY OF STATE / POL 78.00
SEXTON, ERIC M 16.00
SHAW SUBURBAN MEDIA 144.80
SHERMAN MECHANICAL INC 331.02
SIRCHIE FINGER PRINT LAB 127.49
ST PAULS EPISCOPAL CHURC 833.25
STAN'S FINANCIAL SERVICE 222.00
STANS OFFICE TECHNOLOGIE 179.00
STAPLES BUSINESS ADVANTA 363.13
SULLIVAN, CAROL 164.00
TOMARK SPORTS INC 855.70
TRAFFIC CONTROL & PROTEC 638.45
TRI-STATE CARPET & DECOR 250.00
UNITED PARCEL SERVICE 49.42
USA BLUEBOOK 17.4.86
VALLEY VIEW ACRES 170.00
VIKING CHEMICAL COMPANY 1,568.90
WHOLESALE DIRECT INC 147.35
WITT, CINDY 73.43
XYBIX SYSTEMS INC 321.00
GRAND TOTALS 157,873.87
FUND TOTALS
GENERAL FUND 85.,418.62
ANNEXATION FUND 15,202.00
DEVELOPER DONATION FUND 25,781.40
CAPITAL IMPROVEMENTS FUND 250.00
WATER/SEWER FUND 25,329.54
EMPLOYEE INSURANCE FUND 27.44
RISK MANAGEMENT FUND 1,474.11
INFORMATION TECHNOLOGY FUND 4,390.76
TOTALS 157,873.87
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon.
Voting Nay: None.
Absent: Peterson.
Motion carried.
April 20,2009
Page 4
REQUEST FOR THE FOLLOWING FROM THE MCHENRY AREA JAYCEES FOR -�
J U LY 4, 2009:
1) USE OF PETERSEN PARK, CITY SUPPORT SERVICES AND WAIVER OF
ALL ASSOCIATED FEES FOR ANNUAL JAYCEES DAY FOURTH OF
JULY EVENT;
2) AWARD CONTRACT TO MELROSE PYROTECHNICS INC FOR ANNUAL
JAYCEES DAYS FOURTH OF JULY FIREWORKS PROGRAM IN THE
AMOUNT OF $20,000
In attendance representing the McHenry Area Jaycees was Bob Bell.
Assistant City Administrator Hobson stated a request has been received from the
McHenry Area Jaycees to host their annual Jaycees Day Fourth of July Event this year.
The event would take place on Saturday, July 4th at Petersen Park. The request
includes park rental, City support services, and waiver of associated fees. In addition,
the request includes authorization to award a contract to Melrose Pyrotechnics Inc in
the amount of $20,000 for the fireworks display. As in the past, the Jaycees will partner
with the City to provide the fireworks program.
Assistant City Administrator Hobson noted the Jaycees have arranged for a local
band, Always Frantic, to perform at the event. Staff has reviewed the request and
supports the Fourth of July Event.
Alderman Glab noted he has not been impressed with the fireworks display and .--
choreographed music for the last couple of years. He opined the quality of the program
has diminished.
Motion by Schaefer, seconded by Murgatroyd, to accept Staffs recommendation
to approve the McHenry Area Jaycees request for the following as presented:
1) Use of Petersen Park, City support services and waiver of all associated fees
for Annual Jaycees Day Fourth of July event;
2) Award contract to Melrose Pyrotechnics Inc for Annual Jaycees Days Fourth
of July Fireworks Program in the amount not-to-exceed $20,000.
Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Condon.
Voting Nay: Glab.
Absent: Petersen.
Motion carried.
REQUEST FROM HDC ENTERPRISES INC D/B/A JIMANO'S PIZZERIA, 366 BANK
DRIVE FOR:
1) FOR CONDITIONAL USE PERMIT TO SERVE ALCOHOLIC BEVERAGES IN
CONJUNCTION WITH A RESTAURANT:
2) CLASS H LIQUOR LICENSE: AND
3) APPROVE ORDINANCE INCREASING THE NUMBER OF CLASS H LIQUOR
LICENSES FROM TWO TO THREE
In attendance was Jimano's Pizzeria business owner Rod Seale.
April 20,2009
Page 5
City Administrator Maxeiner stated a petition was received from HDC Enterprises
d/b/a Jimano's Pizzeria at 366 Bank Drive to secure a conditional use permit and Class
H Liquor License to allow the service of beer and wine at their restaurant. The Planning
and Zoning Commission considered the request at a Public Hearing held at its March
19, 2009 regularly scheduled meeting. The Commission unanimously approved the
request.
City Administrator Maxeiner noted the applicant has provided all necessary
paperwork and paid appropriate fees to secure a Class H Liquor License for the
premises. The Mayor, following a meeting with the applicant, recommends approval of
the liquor license, subject to a satisfactory fingerprint report and BASSET training for all
restaurant staff involved with the service of alcoholic beverages.
Motion by Wimmer, seconded by Murgatroyd,
1) to accept the recommendation of the Planning and Zoning Commission to pass
an ordinance granting a conditional use permit to HDC Enterprises Inc to allow
the service of alcoholic beverages at Jimano's Pizzeria located at 366 Bank
Drive;
2) to accept the Mayor's recommendation to grant a Class H Liquor License to HDC
Enterprises Inc d/b/a Jimano's Pizzeria located at 366 Bank Drive, subject to the
following:
a) satisfactory fingerprint report;
b) all restaurant staff involved with the service of alcoholic beverages
completing BASSET training;
3) pass an ordinance increasing the number of Class H Liquor Licenses from two to
three.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon.
Voting Nay: None.
Absent: Peterson.
Motion carried.
LILLIAN STREET RESURFACING PROJECT:
1) RESOLUTION FOR IMPROVEMENT BY MUNICIPALITY;
2) LOCAL AGENCY AGREEMENT WITH IDOT;
3) ENGINEERING SERVICES AGREEMENT WITH SEC GROUP IN THE
AMOUNT OF $22,402.90
City Administrator Maxeiner stated on December 1, 2008 Council authorized an
engineering services agreement for the Phase I and Phase II engineering on the Lillian
Street resurfacing project with SEC Group. The McHenry County Council of Mayors
approved this project as a Local Agency Pavement Preservation (LAPP) project with
funding to come from the Surface Transportation Program (STP). STP will fund 80% of
the construction costs and Phase III engineering with a local match of 20%. City
April 20,2009
Page 6
Administrator Maxeiner noted this project is currently scheduled for IDOT June bid -�
letting.
City Administrator Maxeiner noted the engineering services agreement submitted
by SEC Group for the project startup, construction observation, administration,
coordination, project close-out and material testing is in an amount not-to-exceed
$22,402.90. City Administrator Maxeiner noted SEC Group estimates the total cost of
construction including the Phase III engineering to be $262,500. This correlates to STP
Funding in the amount of $210,000 and City cost of $52,500. The City's portion would
be funded by MFT Funds.
City Administrator stated the request before Council this evening is three-fold:
1. Approve a "Resolution for Improvement by Municipality Under the Illinois
Highway Code";
2. Approve a "Local Agency Agreement for Federal Participation";
3. Approve a Phase III engineering services agreement with SEC Group in the
amount not-to-exceed $22,402.90.
Motion by Condon, seconded by Santi, to accept Staff s recommendation to
approve the following with regard to the Lillian Street Resurfacing Project:
1. Approve a "Resolution for Improvement by Municipality Under the Illinois
Highway Code";
2. Approve a "Local Agency Agreement for Federal Participation";
3. Approve a Phase III engineering services agreement with SEC Group in the
amount not-to-exceed $22,402.90.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon.
Voting Nay: None.
Absent: Peterson.
Motion carried.
ORDINANCE AUTHORIZING APPROVAL OF LEASE AGREEMENT FOR USE OF
CITY _PROPERTY LOCATED AT 4225 SIOUX LANE, INCLUDING INSTALLATION
OF WIRELESS TELECOMMUNICATIONS EQUIPMENT ON ELEVATED WATER
STORAGE TANK AND CONSTRUCTION OF PERTINENT STRUCTURES ON THE
PREMISES- U.S. CELLULAR
Deputy City Administrator Martin stated a request was submitted by U.S. Cellular
to construct wireless telecommunications equipment on city property located at 4225
Sioux Lane. Antennas would be mounted on the elevated water storage tank and
pertinent structures would be constructed on ground. Deputy City Administrator Martin
noted, due to the results of structural analysis of the elevated storage tank, this is the
last provider that will be considered for this site. He noted structural analysis has been
done pursuant to each request to utilize the Sioux Lane Elevated Storage Tank for this
purpose.
April 20,2009
Page 7
Deputy City Administrator Martin stated Staff has worked with U.S. Cellular to
f develop an Option and Structure Lease Agreement to accommodate the request.
Deputy City Administrator Martin noted the terms of the Agreement contain the following
provisions:
1. One year option period whereby the tenant would complete all due diligence
work and obtain all approvals and permits. Payment for this option period to the
City is $1,500;
2. Initial lease term of five years with the option of four additional five-year terms;
3. Monthly rental payment of$2,000 ($24,000 annually);
4. At the beginning of year two, and each year thereafter, the monthly rent
increases by 3% over the previous year's rent;
5. Agreement requires a $50,000 security bond to ensure removal of the equipment
upon lease termination.
Deputy City Administrator Martin stated Staff has reviewed all elements of the
Agreement and supports the request for rental of the City's property located at 4225
Sioux Lane subject to the terms of the Option and Structure Lease Agreement.
Alderman Murgatroyd requested assurance that the property would be returned
to its original condition upon termination of the lease. Deputy City Administrator
acknowledged the security bond could be utilized to return the property to its original
condition if the applicant failed to do so when the lease expires.
Motion by Santi, seconded by Schaefer, to accept Staffs recommendation to
approve an ordinance authorizing the Mayor's execution of an Option and Structure
Lease Agreement with U.S. Cellular for the use of the Sioux Lane Elevated Water
Storage Tank and grounds for the construction of wireless telecommunications
equipment as presented.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon.
Voting Nay: None.
Absent: Peterson.
Motion carried.
ORDINANCE GRANTING VARIANCES TO CONSTRUCT A RADIO EQUIPMENT
SHELTER ON CITY PROPERTY LOCATED AT 4225 SIOUX LANE — U.S.
CELLULAR
Deputy City Administrator Martin stated in conjunction with the City's acceptance
of the Option and Structure Lease Agreement with U.S. Cellular, a request was made to
allow variances to permit the radio equipment shelter on the premises. A petition was
filed before the City's Planning and Zoning Commission to grant the following relief from
the Zoning Ordinance:
1. To allow multiple principal buildings on the property located at 4225 Sioux Lane;
2. To allow reduction in the required rear yard setback from 25 feet to 12 feet.
April 20,2009
Page 8
Deputy City Administrator Martin stated the Planning and Zoning Commission -�
considered the request at its February 5, 2009 regularly scheduled meeting and
unanimously recommended support of the request. It is also Staffs recommendation to
approve the request subject to the following conditions:
1. The building be heavily landscaped with mid-high growing evergreen trees and
bushes;
2. The building be architecturally similar to the existing building and overall
character of the neighborhood;
3. The additional fencing be of similar height, style and appearance as the existing
fence.
Alderman Glab suggested language be included requiring the continued
maintenance of the landscaping.
Motion by Murgatroyd, seconded by Wimmer, to accept the unanimous
recommendation of the Planning and Zoning Commission, to pass an ordinance
providing for the following zoning relief to U.S. Cellular for construction of a radio
equipment shelter on the City's property located at 4225 Sioux Lane:
1. To allow multiple principal buildings on the property located at 4225 Sioux Lane;
2. To allow reduction in the required rear yard setback from 25 feet to 12 feet.
subject to the following conditions being met:
1. The building be heavily landscaped with mid-high growing evergreen trees and
bushes;
2. The building be architecturally similar to the existing building and overall
character of the neighborhood;
3. The additional fencing be of similar height, style and appearance as the existing
fence.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon.
Voting Nay: None.
Absent: Peterson.
Motion carried.
IDENTITY THEFT PREVENTION POLICY
- Finance Director Black stated the Federal Trade Commission (FTC) has issued
new "Red Flag" rules which apply to many types of financial institutions and creditors.
These rules are in response to problems incurred with identity theft. The rules apply to
municipalities that provide a service for which payment is deferred until a later date.
This includes water and sewer provided by the City and paid for by the consumer at the
end of the billing cycle.
Director Black stated the FTC rules mandate that creditors develop and
implement a written Identity Theft Prevention Program that helps protect its consumers
April 20,2009
Page 9
by responding to possible signals of identity theft known as "Red Flags". In order to
comply with the rules, the City will implement several measures:
1. Develop a written policy outlining examples of warning signs of identity theft and
include a plan of how the City will detect, prevent and minimize the impact of
identity theft. This policy must be adopted by May 1, 2009.
2. City employees that deal with relevant accounts and personal identification
information must be trained on the new policy. This would involve only Finance
Department employees.
3. The City must ensure that service providers accessing customer personal
identification information must have an identity theft prevention program. This
would be applicable to the City's collection agency.
Director Black stated it is Staff s recommendation to adopt the Identity Theft
Program and Prevention Policy as presented.
Motion by Schaefer, seconded by Wimmer, to accept Staffs recommendation to
pass an ordinance adopting the Identity Theft Program and Prevention Policy as
presented.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon.
Voting Nay: None.
Absent: Peterson.
Motion carried.
AWARD OF PROPOSAL FOR WEBSITE RECONSTRUCTION — ONE ZERO
CHARLIE IN THE AMOUNT NOT-TO-EXCEED $8,000
Assistant City Administrator Hobson stated the City initially developed the
website in 2001. The site has been modified and expanded by Staff in order to
accomplish more things online. Assistant City Administrator Hobson noted the site has
become somewhat outdated and is not as fluid or user-friendly as it should be. A
website employee review committee was established in an effort to determine
recommendations for website improvements.
Assistant City Administrator Hobson stated Staff contacted three local firms as
well as the current website provider in order to discuss potential improvements to the
City's website. Subsequently price quotes were submitted from three firms for site-
redevelopment work:
1. One Zero Charlie, Greenwood, Illinois $8,000
2. Verity Three, McHenry, Illinois $8,085
3. Dobbe Marketing, Crystal Lake, Illinois $14,600
Assistant City Administrator Hobson identified the difference in the work which
would be provided between One Zero Charlie and Verity Three. He noted it is Staffs
recommendation to accept the quote from One Zero Charlie in the amount not-to-
exceed $8,000.
April 20,2009
Page 10
Alderman Condon noted she is glad to see the website is being restructured. She -�
opined it could be more user-friendly.
City Administrator Maxeiner stated that throughout the budget process it has
been discussed that the website will be used more frequently. It will save the City
money in the long run as well as providing the City with an opportunity of going green in
disseminating information.
Motion by Santi, seconded by Condon, to accept Staffs recommendation to
award a contract to One Zero Three for City Website Redevelopment in the amount not-
to-exceed $8,000.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon.
Voting Nay: None.
Absent: Peterson.
Motion carried.
MAYOR STATEMENT AND REPORT
There was no statement or report by Mayor Low.
COMMITTEE REPORTS
There were no Committee Reports.
STAFF REPORTS
City Administrator Maxeiner announced the Arbor Day Ceremony is scheduled
for Friday, April 24, 2009 at 3 p.m. in the Council Chambers.
FUTURE AGENDA ITEMS
There were no Future Agenda Items discussed.
EXECUTIVE SESSION: SALE OF PUBLIC PROPERTY AND PERSONNEL
Motion by Wimmer, seconded by Santi, to go into Executive Session at 8:04 p.m.
to discuss Sale of Public Property and Personnel.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon.
Voting Nay: None.
Absent: Peterson.
Motion carried.
Council went into Executive Session at 8:07 p.m.
April 20,2009
Page 11
Motion by Wimmer, seconded by Murgatroyd, to go back into Open Session at
8:36 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon.
Voting Nay: None.
Absent: Peterson.
Motion carried.
Council went back into Open Session at 8:36 p.m.
OPEN SESSION: MATTERS DISCUSSED IN EXECUTIVE SESSION
Motion by Wimmer, seconded by Condon, to authorize Administration to
implement layoffs and the Early Retirement Incentive Program as presented.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon.
Voting Nay: None.
Absent: Peterson.
Motion carried.
ADJOURNMENT
Motion by Wimmer, seconded by Condon, to adjourn the meeting at 8.38 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon.
Voting Nay: None.
Absent: Peterson.
Motion carried.
The meeting was adjourned at 8:38 p.m.
Mayor City e