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Home My WebLink AboutMinutes - 10/11/2010 - City Council REGULAR MEETING OCTOBER 11, 2010 Mayor Low called the regularly scheduled October 11, 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, and Peterson. Absent: Condon. Also in attendance were City Administrator Black, Deputy City Administrator Martin, Assistant City Administrator Hobson, City Clerk Jones, City Attorney McArdle, Public Works Director Schmitt, Parks and Recreation Director Merkel, Chief of Police Jones. PUBLIC INPUT SESSION There was no one who signed in to speak during the Ten Minutes of Public Input. CONSENT AGENDA Motion by Santi, seconded by Blake, to approve the Consent Agenda as presented: A. List of As-Needed Checks: APWA - ILLINOIS PUBLIC S 695.00 FOP UNITS I/II 1,729.00 ILLINOIS RURAL WATER 200.00 IUOE, LOCAL 150 2,007.46 KRESSWOOD TRAILS NORTH D 159,331.00 MARTIN, ROWENA 210.00 MCHENRY POLICE OFFICER'S 810.00 MIDWEST OPERATING ENGINE 5,890.00 NATIONAL GUARDIAN LIFE I 42.33 NCPERS GROUP LIFE INS. 288.00 PACINI GROUP 237,450.85 PLUMBERS LOCAL 93 JAC 25.00 POSTMASTER MCHENRY IL 1,016.75 PRE-PAID LEGAL SERVICES 142.45 SIX FLAGS GREAT AMERICA 3,322.80 UNITED PARCEL SERVICE 103.74 UNITED WAY OF MCHENRY CO 168.24 UNUM 1,605.57 GRAND TOTALS 415,038.19 FUND TOTALS GENERAL FUND 11,354.49 WATER/SEWER FUND 1,011.85 EMPLOYEE INSURANCE FUND 5,890.00 DEVELOPMENTAL ESCROW 396,781.85 TOTALS 415,038.19 B. List of Bills: A-ABLE ALARM SERVICE INC 156.72 ACE TOWING & RECOVERY 125.00 ADAMS ENTERPRISES INC, R 101.18 AMERICAN HOTEL REGISTER 88.62 BANKCARD SERVICES 1,092.90 BATTERIES PLUS 37.50 BAXTER & WOODMAN 1,030.00 BECKER, MARK R 30.00 BLACKSTONE LANDSCAPE INC 10,261.25 BOTTS WELDING & TRUCK SE 23.00 BUSS FORD SALES 40.16 CAREY ELECTRIC 2,459.00 CENTEGRA OCCUPATIONAL ME 161.70 CERTIFIED FLEET SERVICES 198.90 �� COMCAST CABLE 74.90 Regular Meeting Page 2 October 11,2010 COMED 26,281.81 COMMUNICATIONS REVOLVING 105.00 CURRAN CONTRACTING COMPA 2,991.63 CUTTING EDGE COMMUNICATI 115.63 DOCUMENT IMAGING DIMENSI 637.83 DREISILKER ELECTRIC MOTO 12.84 DURA WAX COMPANY INC, TH 285.39 ED'S AUTOMOTIVE/JIM'S MU 69.00 ELM STREET DESIGN 30.00 ERO-TEX 135.30 FAMILY SERVICES & 5,148.00 FISCHER BROS FRESH 1,263.44 GALLS AN ARAMARK CO LLC 289.97 GREAT LAKES FIRE & SAFET 42.80 HARM'S FARM 418.00 HOME DEPOT/GECF 1,102.54 ILLINOIS AUDIO PRODUCTIO 135.00 J G UNIFORMS INC 35.24 KALE UNIFORMS INC 341.34 KIMBALL MIDWEST 680.58 LEACH ENTERPRISES INC 304.02 LEE AUTO MCHENRY 210.31 LEXISNEXIS 113.00 MCANDREWS PC, THE LAW OF 6,800.00 MCHENRY SPECIALTIES 196.50 MERRILL, MICHAEL 3,882.78 MID AMERICAN WATER OF WA 1,504.30 MIDWEST METER INC 9,078.33 MINUTEMAN PRESS OF MCH 36.50 NIMC-EMS 125.00 NORTHWEST ELECTRICAL SUP 138.11 PACE 7,398.64 PEPSI BEVERAGE COMPANY 103.50 PETROLIANCE LLC 41278.66 PETTIBONE & CO, P F 940.85 PRECISION SERVICE & PART 23.16 PRO PLAYER CONSULTANTS I 700.00 REICHE'S PLUMBING SEWER 100.00 RELIABLE MAINTENANCE COR 525.00 RINGS RADIATOR SERVICE 125.00 ROC CONSTRUCTION SUPPLY 40.68 ROWE, HERBERT W 120.00 SEC GROUP INC 14,024.18 SHAW SUBURBAN MEDIA 106.20 SHERMAN MECHANICAL INC 1,966.75 SHERWIN INDUSTRIES INC 12.50 STANS OFFICE TECHNOLOGIE 179.00 STAPLES ADVANTAGE 910.37 STATE FIRE MARSHAL 100.00 THOME, BRYAN 7.28 THOMPSON ELEVATOR INSPEC 75.00 TRIEBOLD IMPLEMENT INC 58.98 USA BLUEBOOK 525.87 VALLEY VIEW ACRES 85.00 VIKING CHEMICAL COMPANY 874.00 VOLTAGE ONE INC 215.00 ZAHN, DAN 330.00 GRAND TOTALS 112,216.64 FUND TOTALS GENERAL FUND 73,009.28 CAPITAL IMPROVEMENTS FUND 14,024.18 WATER/SEWER FUND 23,157.45 INFORMATION TECHNOLOGY FUND 1,449.2.3 RETAINED PERSONNEL ESCROW 576.50 TOTALS 112,216.64 Regular Meeting Page 3 October 11,2010 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson. Voting Nay: None. Absent: Condon. Motion carried. REQUEST FOR FENCE VARIANCE ALONG CORNER SIDE LOT LINE—4731 JOYCE LANE Deputy City Administrator Martin stated a request was submitted by Gary and Karen Daniels of 4731 Joyce Lane for a variance to allow a four-foot high western red cedar arch picket fence to be erected in the fifteen-foot required corner side yard setback. Staff viewed the site and noted there would not be a line-of-sight issue. In order to accommodate the request a ten-foot variance would be required. Deputy City Administrator Martin noted the homeowner has submitted an approval form signed by the Park Ridge Estates Property Homeowners Association. Staff recommends approval of the request as submitted. Alderman Glab stated the homeowners should be informed a plat of survey is required and the fence should be installed five feet from the property line. Motion by Wimmer, seconded by Schaefer, to accept Staff's recommendation to approve a variance as requested by Gary and Karen Daniels, to allow the installation of a four- foot high western red cedar arch picket fence five feet from the property line in the required fifteen-foot corner side yard setback, as presented. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson. Voting Nay: None. Absent: Condon. Motion carried. REQUEST FOR AMENDMENT TO EXISTING CONDITIONAL USE PERMIT TO ALLOW LIMITED LIVE ENTERTAINMENT AT 4305 WEST ELM STREET—BURRITO CITY Y MARISCOS Deputy City Administrator Martin stated a conditional use permit was granted in 2003 to the property located at 4305 West Elm Street which allows a restaurant serving alcoholic beverages without live entertainment. Recently, a request was submitted but current business owner Maria Delgado is seeking an expansion of the conditional use permit to allow limited live entertainment on the premises. The request is for karaoke during weekend business hours, specifically between 10 p.m. and close of business on Fridays and Saturdays and from 3 p.m. to 8 p.m. on Sundays. Deputy City Administrator Martin stated Council has the option of either granting the request for amendment or sending the request back to the Planning and Zoning Commission for a public hearing and recommendation. Regular Meeting Page 4 October 11,2010 Deputy City Administrator Martin noted Staff has reviewed the request and believes the request for expansion could be granted without requiring the applicant to return to the Planning and Zoning Commission for public hearing and recommendation. If Council concurs, an ordinance must be passed granting the requested expansion to the conditional use permit. Motion by Wimmer, seconded by Santi, to accept Staffs recommendation to pass an ordinance amending Ordinance No ORD-03-1166 granting an expansion of the existing conditional use permit to allow a restaurant serving alcoholic beverages with limited live entertainment consisting of karaoke during weekend hours as presented to Maria Delgado for her property located at 4305 West Elm Street. Discussion on the Motion Alderman Wimmer stated he has no issue with the location of the restaurant and the request for karaoke. He would support the request. Aldermen Peterson and Santi concurred with Alderman Wimmer. Alderman Glab stated he has reservations with the sound possibly carrying outside of the building and disturbing nearby residents. Alderman Glab stated he would vote for the conditional use permit expansion if there were restrictions imposed. Alderman Schaefer stated he also concurred with Aldermen Wimmer, Peterson and Santi. Alderman Blake likewise concurred with Aldermen Schaefer, Wimmer, Peterson and Santi. Alderman Santi noted building insulation is certainly a factor regarding the absorption of sound. He noted, however, he is not concerned and believes the sound would not travel outside of the building. Motion to Call for the Previous Question Motion by Wimmer, seconded by Santi, to Call for the Previous Question. Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson. Voting Nay: Glab. Absent: Condon. Motion carried. Previous Question Motion by Wimmer, seconded by Santi, to accept Staff's recommendation to pass an ordinance amending Ordinance No ORD-03-1166 granting an expansion of the existing , conditional use permit to allow a restaurant serving alcoholic beverages with limited live Regular Meeting Page S October 11,2010 entertainment consisting of karaoke during weekend hours as presented to Maria Delgado for her property located at 4305 West Elm Street. Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson. Voting Nay: Glab. Absent: Condon. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low reported tonight is the final Cruise Night on Green Street for the season. It is also the final weekend for Outdoor Movies in the Park. Mayor Low noted both events were well orchestrated and very well received by the community. COMMITTEE REPORTS Alderman Peterson announced there would be an Open House Public Meeting at the Municipal Center on Tuesday, October 12, 2010 at 8 p.m. in the Council Chambers. The topic for discussion is potential improvements to the McHenry Zone Skate Park. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS Alderman Glab stated the City needs to look at ordinances regarding bars and restaurants. He opined the City does not enforce ordinances which are currently in place. In response to a request for clarification from Mayor Low, Alderman Glab stated he had no further comment. Alderman Santi stated the Car Show/Cruise Night events on Monday evenings were an incredible success this year. ADJOURNMENT Motion by Santi, seconded by Peterson, to adjourn the meeting at 7:49 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson. Voting Nay: None. Absent: Condon. Motion carried. The eeting was adjourned at 7:49 p.m. Mayor. ` City Clerk t