HomeMy WebLinkAboutMinutes - 11/15/2010 - City Council REGULAR MEETING
NOVEMBER 15, 2010
Mayor Low called the regularly scheduled November 15, 2010 meeting of the McHenry
City Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab,
Schaefer, Blake, Wimmer, Peterson, and Condon. Absent: None. Also in attendance were City
Administrator Black, Deputy City Administrator Martin, Assistant City Administrator Hobson,
City Clerk Jones, City Attorney McArdle, Construction and Neighborhood Services Director
Schwalenberg, Public Works Director Schmitt, Parks and Recreation Director Merkel, Chief of
Police Jones.
PUBLIC INPUT SESSION
Jeff Peters of 4707 Ashley Drive addressed the City Council regarding taxes in the
community. He stated he has been a City resident for 14 years. He referenced the state of the
economy over the past several years and quoted a Northwest Herald article regarding the
District 156 referendum questions. Mr. Peters stated he also discovered an ordinance in place
providing financial assistance to Gary Lang Auto Group. He suggested there could potentially be
a $350,000 rebate per year over the next 20 years. He stated this is very disturbing and noted
the City would be better advised to provide relief to property owners in order to improve the
community.
Ron Schrader of 2508 S Birchwood addressed the Council regarding Ordinance No. ORD-
09-1455 which provides for sales tax rebate to Gary Lang Auto Group. He wondered how this
ordinance benefits other dealerships in town which are also struggling and may even go out of
business.
Paul Letizia, Joe Salzburg and Larry Zidek, Sr. addressed Council and presented the City
with a plaque expressing gratitude for the City's assistance in the weekly cruise night events on
Green Street. They stated they are looking forward to hosting the event next year.
CONSENT AGENDA
Mayor Low pulled Consent Agenda Item D, the resolution establishing 2011 City Council
Meeting Schedule, from consideration.
Motion by Wimmer, seconded by Peterson, to approve the Consent Agenda as
amended:
A. Request from Hilltop Elementary School PTO to post temporary advertising signs in municipal rights-of-way for
Holidays at Hilltop;
B. Request from McHenry Garden Club to post temporary advertising signs in municipal rights-of-way for Holiday Floral
Extravaganza;
C. Agreement for snowplowing services for Feger Subdivision;
E. Resolution authorizing application for PARC Grants:
a. Fox Ridge Park Washrooms;
b. Shamrock Farms Park Washrooms;
�, F. Ordinance amending Municipal Code Chapter 4,Alcoholic Beverages;
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G. City Council Meeting minutes:
November 1,2010 regularly scheduled meeting;
H. List of As-Needed Checks:
BLUE CROSS BLUE SHIELD O 108,003.98
FOP UNITS I/II 1,748.00
IUOE, LOCAL 150 3,011.19
NATIONAL GUARDIAN LIFE I 42.33
NCPERS GROUP LIFE INS. 272.00
NEUMANN JR, EDWARD J 500.00
POSTMASTER MCHENRY IL 1,298.50
PRE-PAID LEGAL SERVICES 142.45
SAM'S CLUB 134.16
SUDSY WASH 400.00
UNUM 1,686.27
WHEELING POLICE PENSION 14,685.00
GRAND TOTALS 131,923.88
FUND TOTALS
GENERAL FUND 8,618.05
WATER/SEWER FUND 116.85
EMPLOYEE INSURANCE FUND 108,003.98
RETAINED PERSONNEL ESCROW 500.00
POLICE PENSION FUND 14,685.00
GRAND TOTALS 131,923.88
I. List of Bills:
A-ABLE ALARM SERVICE INC 117.00
ACE HARDWARE, BJORKMAN'S 1,309.98
ADAMS AUTO BODY 3,068.59
ADAMS ENTERPRISES INC, R 103.97
ADAMS STEEL SERVICE INC 100.80
AMELIO, ROBERT 94.00 r
AT&T 2,784.15
AUTO TECH CENTERS INC 417.00
B&W CONTROL SYSTEMS INTE 41.58
BANKCARD PROCESSING CENT 2,429.14
BAXTER & WOODMAN 6,386.50
BIRK, JOHN 16.00
BLUELINE.COM, THE 348.00
BUNCH DISTRIBUTING INC 273.62
BUSS FORD SALES 66.24
CENTEGRA OCCUPATIONAL ME 206.78
CHAPMAN AND CUTLER 20,000.00
CHICAGO INTERNATIONAL TR 349.22
CINTAS CORPORATION 4355 1,431.86
COMCAST CABLE 74.90
COMED 28,577.27
COMMUNICATIONS REVOLVING 105.00
CONCRETE SOLUTIONS CORP 179.50
CONSTELLATION NEWENERGY 53,712.62
CRESCENT ELECTRIC SUPPLY 208.96
CRUZ, MICHAEL 142.79
CURRAN CONTRACTING COMPA 6,346.16
CUSHING TECHNOLOGIES INC 2,250.00
CUTTING EDGE COMMUNICATI 138.75
D'ANGELO NATURAL SPRING 38.75
DARLEY & CO, W S 161.96
DAVEY TREE EXPERT COMPAN 2,100.00
DILLON, JOHN 89.88
DOOR SERVICE 300.00
DREISILKER ELECTRIC MOTO 510.12
DUCAK, KELLY 20.00
DURA WAX COMPANY INC, TH 87.00
ED'S AUTOMOTIVE/JIM'S MU 92.00
ED'S RENTAL & SALES INC 300.00
ERO-TEX 210.00
FAST EDDIES CAR WASH 272.60
FIRE INVESTIGATORS STRIK 60.00
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FISCHER BROS FRESH 3,610.50
FOX LABS INTERNATIONAL I 180.68
FOXCROFT MEADOWS INC 248.40
GROVE, KELLY 292.50
HARPER, MICHAEL 50.00
HD SUPPLY WATERWORKS 1,459.94
HOGAN CONSTRUCTION COMPA 2,908.40
HP SHOOTING CENTER INC 40.00
ILLINOIS MUNICIPAL LEAGU 1,706.00
ILLINOIS TRUCK ENFORCEME 100.00
INFRASTRUCTURE SOLUTIONS 12,700.00
JIMS MCHENRY AUTO BODY 1,601.57
KALE UNIFORMS INC 649.53
KIMBALL MIDWEST 949.99
KIRCHNER FIRE 101.00
LAKESIDE PEST CONTROL SE 100.00
LEAKE, ROBERT 88.35
LEE AUTO MCHENRY 82.09
LEXISNEXIS 115.00
MAD SCIENCE OF MCHENRY C 151.20
MARATHON TOWING 125.00
MARTELLE WATER TREATMENT 1,300.21
MARTIN, DOUG 20.00
MAZZUCA, JOE 92.00
MCANDREWS PC, THE LAW OF 6,800.00
MCCAFFERTY, BRITTANY 364.00
MCCANN INDUSTRIES INC 361.50
MCHENRY ANALYTICAL WATER 2,505.00
MCHENRY COMMUNITY HIGH S 829.00
MCHENRY COMMUNITY SCHOOL 1,175.00
MCHENRY COUNTY CHIEFS OF 45.00
MCHENRY COUNTY RECORDER 920.00
MCHENRY FIRESTONE 650.03
MCHENRY POWER EQUIPMENT 56.75
MCHENRY PUBLIC LIBRARY 69.00
MCHENRY SPECIALTIES 6.00
MCMASTER-CARR SUPPLY CO 59.92
MEYER MATERIAL COMPANY 336.49
MID AMERICAN WATER OF WA 4,595.48
MIDCO 233.50
MIDWEST HOSE AND FITTING 146.66
MINUTEMAN PRESS OF MCH 394.42
MOODY'S INVESTORS SERVIC 9,600.00
MORRIE AND SONS INC 150.00
MTS SAFETY PRODUCTS INC 100.42
NICOR GAS 264.77
NIMCA 45.00
OTTOSEN BRITZ KELLY COOP 52.50
PACE 8,857.41
PETROLIANCE LLC 14,016.22
PETTIBONE & CO, P F 358.00
PRECISION SERVICE & PART 715.02
R&S FENCE COMPANY 180.00
RAYMOND, DAVID 41.25
REINDERS INC 1,739.91
RELIABLE SAND & GRAVEL 633.77
RIVERSIDE BAKE SHOP 163.57
ROC CONSTRUCTION SUPPLY 122.04
SCHOPEN PEST SOLUTIONS 137.70
SEC GROUP INC 21,241.46
SECRETARY OF STATE / POL 119.00
SEXTON, ERIC M 26.35
SHERMAN MECHANICAL INC 2,034.50
SHERWIN INDUSTRIES INC 63.26
STANS OFFICE TECHNOLOGIE 1,403.87
STAPLES ADVANTAGE 1,298.95
SUBURBAN ACCENTS INC 36.50
SULLIVAN FOODS 30.00
TRAFFIC CONTROL & PROTEC 979.86
TRITON ELECTRONICS INC 498.00
~ USA BLUEBOOK 55.56
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VALLEY VIEW ACRES 85.00
WALZ SCALE 8,400.00
WASTE MANAGEMENT OF WI P 7,435.44
WELCH BROS INC 175.00
WILSON NURSERIES INC 178.20
ZAHN, DAN 165.00
GRAND TOTALS 265,146.33
FUND TOTALS
GENERAL FUND 106,670.65
ANNEXATION FUND 2,073.00
DEVELOPER DONATION FUND 4,827.54
DEBT SERVICE-1997A FUND 29,600.00
CAPITAL IMPROVEMENTS FUND 31,018.46
WATER/SEWER FUND 76,448.03
MARINA OPERATIONS FUND 2,908.40
RISK MANAGEMENT FUND 3,898.13
INFORMATION TECHNOLOGY FUND 3,847.62
RETAINED PERSONNEL ESCROW 3,854.50
TOTALS 265,146.33
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR DESIGNATION OF HONORARY STREET SIGN—HONORARY TOM SULLIVAN WAY
Deputy City Administrator Martin stated a request was submitted by resident Kathleen
Powers to nominate the intersection of Third Street and Elm Street as Honorary Tom Sullivan
Way. Ms. Powers, in her application, noted the numerous contributions Tom Sullivan has made
over the years in selfless giving to the community through donations from Sullivan Foods. In
light of the recent closing of his store, Ms. Powers suggested it is only fitting that the City honor
his years of dedicated community service by naming this intersection in his honor.
Alderman Wimmer noted this is a good choice and he supports the designation.
Alderman Peterson stated when you think of the pillars of Character Counts! you think
of Tom Sullivan and the honor is justly deserved.
Motion by Santi, seconded by Schaefer, to accept Staff's recommendation to pass a
resolution designating the intersection of Third Street and Elm Street as "Honorary Tom Sullivan
Way".
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR SIGN VARIANCE—520 SOUTH ROUTE 31, SAM'S LIQUORS &WINE
Deputy City Administrator Martin stated Sam's Liquors and Wine located at 520 South
Route 31 has requested a variance to allow an additional wall sign to advertise his business. The
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sign ordinance permits two wall signs that together may not exceed 1.5 square feet of the
tenant frontage for inline shopping center corner tenants. In this instance the maximum
allowed would be 26 square feet. The existing wall sign is 23 square feet in size. Therefore a
variance of 45 square feet would permit the applicant's request to erect a second wall sign on
the south facade of the building. It is Staff's recommendation to approve the request as
submitted.
Motion by Glab, seconded by Santi, to accept Staff's recommendation to grant a sign
variance to Sam's Liquors and Wine located at 520 South Route 31, to allow a second wall sign
comprised of 48 square feet, necessitating a 45 square foot variance in wall sign allowance.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A RESTAURANT
SERVING ALCOHOLIC BEVERAGES WITH LIVE ENTERTAINMENT — 1402 NORTH RIVERSIDE
DRIVE, CORKSCREW POINT
Deputy City Administrator Martin stated Mr. and Mrs. John Macrito, owners of
Corkscrew Pointe, 1402 North Riverside Drive submitted an application for a conditional use
permit to allow a restaurant serving alcoholic beverages and having live entertainment for their
facility. The Planning and Zoning Commission at a Public Hearing held on October 21, 2010
considered the request and unanimously recommended approval subject to the condition that
all entertainment be limited to the inside of the building and no outdoor entertainment shall be
allowed.
Responding to an inquiry, Deputy City Administrator Martin noted the conditional use
permit would remain with the property and would not be tied to this specific business
operation.
Motion by Schaefer, seconded by Condon, to accept the unanimous recommendation of
the Planning and Zoning Commission to pass an ordinance granting a conditional use permit to
allow a restaurant serving alcoholic beverages and having live entertainment to John and
Deborah Macrito for Corkscrew Pointe located at 1402 North Riverside Drive as requested,
subject to the condition that all entertainment shall be limited to the inside of the building and
no outdoor entertainment shall be allowed on the premises.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
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PROPOSED 2010 PROPERTY TAX LEVY -�
City Administrator Black stated as the City is now a home rule municipality it is no longer
subject to the Property Tax Extension Limit Law (PTELL). However, as occurred last year, the
City will set the levy as if it were subject to PTELL. He noted the levy extension calculated by the
City will no longer be reduced by the County Clerk as part of the property tax levy process. It is
therefore critical that the property tax levy is the amount the City requires for general
operations.
City Administrator Black noted the 2010 levy request of $4,761,587 is an increase of
3.1% over the prior year's extension. Staff is requesting the following:
1. Council establish the date of December 6, 2010 to conduct a public hearing to consider
approval of the 2010 property Tax Levy;
2. Pass a resolution setting the levy request for 2010 to be collected in 2011 at
$4,761,587.
Motion by Schaefer, seconded by Santi, to accept Staff's recommendation to:
1. Establish the date of December 6, 2010 to conduct a public hearing to consider approval
of the 2010 Property Tax Levy;
2. Pass a resolution setting the levy request for 2010 to be collected in 2011 at $4,761,587.
Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: Glab.
Absent: None.
Motion carried.
ORDINANCE EXECUTING A COMMUNICATION SITE LEASE AGREEMENT FOR THE PROPERTY
LOCATED AT 4225 SIOUX LANE—CLEAR WIRELESS
Mayor Low announced this matter was being pulled from this evening's agenda for
consideration at the applicant's request. This matter will be brought forward on the Council
Agenda at its regularly scheduled November 29, 2010 meeting.
COMMITTEE RECOMMENDATION: ORDINANCE AMENDING CITY ZONING ORDINANCE
REGARDING TEMPORARY USES
Deputy City Administrator Martin stated the current provisions for temporary uses
contained in the Zoning Ordinance have created enforcement problems for Staff. The ordinance
has been inconsistently enforced and administered. Staff requested the Community
Development Committee review the requirements and determine if there could be a more
uniform manner of reviewing, considering and approving temporary use applications.
Deputy City Administrator Martin noted the Community Development Committee
reviewed this matter in depth and ultimately recommended the following:
1. All applicants shall be required to complete a Temporary Use Permit Application;
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2. Devise a Temporary Use Permit Application which includes and addresses all issues
required to consider its approval;
3. Provide guidelines for consideration and issuance of temporary use permits;
4. Require Council approval of any and all temporary use permits;
5. Delete references to temporary use permits from Table 1 of the Zoning Ordinance;
6. Add a note to temporary use permits for circuses and carnivals cross-referencing
Municipal Code Chapter 5 requirements and restrictions;
Deputy City Administrator Martin stated the Planning and Zoning Commission
considered this matter at a Public Hearing held on October 21, 2010. The Commission
concurred with the Community Development Committee's recommendation subject to the
inclusion of one additional provision:
1. Include a line item referencing provisions for security (if applicable) on Temporary Use
Permit Application and in guidelines for consideration and issuance of temporary use
permits.
Deputy City Administrator Martin stated it is Staff's recommendation to pass an
ordinance amending the Zoning Ordinance as it pertains to Temporary Use Permits as follows:
1. All applicants shall be required to complete a Temporary Use Permit Application;
2. Devise a Temporary Use Permit Application which includes and addresses all issues
required to consider its approval;
3. Provide guidelines for consideration and issuance of temporary use permits;
`'— 4. Require Council approval of any and all temporary use permits;
5. Delete references to temporary use permits from Table 1 of the Zoning Ordinance;
6. Add a note to temporary use permits for circuses and carnivals cross-referencing
Municipal Code Chapter 5 requirements and restrictions;
7. Include a line item referencing provisions for security (if applicable) on Temporary Use
Permit Application and in guidelines for consideration and issuance of temporary use
permits.
Alderman Condon stated this matter was discussed extensively by the Community
Development Committee on two occasions.
Alderman Schaefer stated he did not see the issue of noise addressed. Deputy City
Administrator Martin responded Item A of the Proposed Guidelines addresses noise.
Alderman Peterson inquired how much time would be required to ensure Council
consideration of the Temporary Use Permit Application. Deputy City Administrator Martin
responded submittal three weeks prior to the proposed date of the use would be adequate. It
could be accomplished in two weeks; however 30 days prior to the event would be ideal.
Alderman Peterson noted some temporary uses are annual events. He stressed
organizations should be notified of the change in the application process.
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Motion by Condon, seconded by Wimmer, to pass an ordinance providing for text
amendments to the Zoning Ordinance relating to Temporary Use Permits, including the
following:
1. All applicants shall be required to complete a Temporary Use Permit Application;
2. Devise a Temporary Use Permit Application which includes and addresses all issues
required to consider its approval;
3. Provide guidelines for consideration and issuance of temporary use permits;
4. Require Council approval of any and all temporary use permits;
5. Delete references to temporary use permits from Table 1 of the Zoning Ordinance;
6. Add a note to temporary use permits for circuses and carnivals cross-referencing
Municipal Code Chapter 5 requirements and restrictions;
7. Include a line item referencing provisions for security (if applicable) on Temporary Use
Permit Application and in guidelines for consideration and issuance of temporary use
permits.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
AUTHORIZATION TO ENTER INTO AN ONGOING ONLINE AUCTION AGREEMENT WITH
OBENAUF AUCTION SERVICES AND ORDINANCE AUTHORIZING THE SALES OF SURPLUS
PROPERTY BY ONLINE AUCTION
Assistant City Administrator Hobson stated throughout the year the Police Department
acquires numerous items that need to be sold at auction. In years past the accumulation of
various items was amassed and sold via the McHenry County Council of Governments Auction
each fall. However, with the growing number of vehicle seizures being awarded, and the
shortage of available storage space, Staff is proposing the use of Obenauf Auction Services from
time to time as an alternative to the standard once a year auction.
Assistant City Administrator Hobson noted Staff is also seeking authorization to sell a
seized vehicle, a 2004 Chevrolet Avalanche, via Obenauf Auction Services. An ordinance has
been prepared providing for the authorization to sell the vehicle.
Alderman Glab inquired if there were terms to the agreement with Obenauf. Assistant
City Administrator Hobson responded Obenauf will retain 6% of the selling price if the City
provides its own photos and information. If Obenauf visits the location where the merchandise
is being stored and provides this information they will retain 7% of the selling price.
Alderman Glab stated he would like to see the agreement prior to voting on it. Chief of
Police Jones noted the services would only be used on an as-needed basis. Alderman Glab
stated he is not comfortable approving an agreement which he has not seen.
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Alderman Condon noted she is comfortable with the agreement knowing the services
will only be used on an as-needed basis.
Assistant City Administrator Hobson noted Council would be apprised of the imminent
sale of vehicles or any other items prior to the sale taking place. An executed ordinance
authorizing the sale by public auction of any/all vehicles would continue to be required.
Motion by Wimmer, seconded by Schaefer, to accept Staffs recommendation to:
1. Authorize the execution of an ongoing online auction agreement with Obenauf Auction
Services for the disposal of surplus equipment and materials as presented;
2. Authorize the Mayor's execution of an ordinance providing for the sale of a 2004
Chevrolet Avalanche via Obenauf Auction Services.
Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: Glab.
Absent: None.
Motion carried.
MAYOR STATEMENT AND REPORT
Mayor Low reported the following activities are scheduled for Sunday, November 21,
2010:
• Toys for Tots Parade at 1 p.m.
• Downtown Christmas Walk beginning at 10 a.m.
• Annual Holiday Tree Lighting Ceremony at Veterans Memorial Park at 5 p.m.
COMMITTEE REPORTS
Chairman Alderman Peterson announced the Parks and Recreation Committee Meeting
minutes of November 3, 2010 have been approved and will be forthcoming.
STAFF REPORTS
There were no Staff Reports.
FUTURE AGENDA ITEMS
There were no Future Agenda Items discussed.
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ADJOURNMENT
Motion by Wimmer, seconded by Condon, to adjourn the meeting at 8:02 p.m.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting was adjourned at 8:02 p.m.
Mayor City Clerk