HomeMy WebLinkAboutMinutes - 09/20/2010 - City Council REGULAR MEETING
September 20,2010
Mayor Low called the regularly scheduled September 20, 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, City Engineer Pieper.
PUBLIC INPUT SESSION
There was no one who signed in to speak during the Ten Minutes of Public Input.
CONSENT AGENDA
Motion by Condon,seconded by Blake,to approve the Consent Agenda as presented:
A. CALEA General Order Revision#26.9;
B. Parks special use requests;
C. City Council Minutes:
September 13,2010 regularly scheduled meeting;
D. List of Bills:
A-YARD CORP 210.00
AMERICAN RED CROSS OF GR 8.00
ANCHOR TOWING 250.00
ANDERSON, BRIAN 720.00
ANDERSON, CHRIS 30.00
AT&T 3,705.97
B&W CONTROL SYSTEMS INTE 1,091.20
BARCLAY, TIM 730.00
BAXTER & WOODMAN 2,662.50
BAZAN, MAUREEN 740.00
BAZAN, MICHAEL 1,370.00
BELARMINO, BRENDA 105.00
BELL, ADAM C 590.00
BERNHARD, DAVID A 520.00
BONO, JOE 30.00
BRENNAN, DAN 1,120.00
BURES, MARK 60.00
BUSS FORD SALES 2,812.98
CARQUEST AUTO PARTS STOR 805.83
CAUTHORN, KYLE 150.00
CINTAS CORPORATION #355 1,271.36
CLEVELAND MOTION CONTROL 2,266.51
COMCAST CABLE 75.79
COMED 1,627.51
CONCRETE SOLUTIONS CORP 640.80
CONSERV FS 35.40
COUNTY CLERKS OFFICE 10.00
CRESCENT ELECTRIC SUPPLY 1,475.39
CUMMINGS, JOHN G 740.00
D'ANGELO NATURAL SPRING 46.50
DAWSON, CHRISTINE 24.99
DEMARAIS, DAVE 33.00
ED'S AUTOMOTIVE/JIM'S MU 23.00
EJ EQUIPMENT 105.36
FAMILY TAILOR SHOP 26.00
�� FAST EDDIES CAR WASH 372.85
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September 20,2010
FISCHER BROS FRESH 2,851.94
FLESCH COMPANY INC, GORD 637.90
FOXCROFT MEADOWS INC 226.60
FREUND, MICHAEL R 430.00
G IMPRESSIONS INC 255.00
GOVERNMENT FINANCE OFFIC 375.00
GREAT LAKES FIRE & SAFET 147.00
GUYNES, TERRY 60.00
HARRIS, JAMES 21.04
HAWKINS INC 3,607.70
HERITAGE-CRYSTAL CLEAN L 125.97
HOLTZ, TED 20.00
HUBER TECHNOLOGY INC 98,846.40
ILLINI POWER PRODUCTS 1,412.73
INTEGRA BUSINESS SYSTEMS 63.15
INTERSTATE BATTERY SYSTE 99.60
JENSEN, TED 1,452.53
KALE UNIFORMS INC 7,123.66
KRATZ PLUMBING COMPANY 2,270.00
KTD INC 96.76
LAMBERT, FRANCES B 45.00
LUNDHOLM, KARL 600.00
LUNKENHEIMER, PATTIE 15.00
MAPLE CONSTRUCTION INC 1,900.00
MARATHON TOWING 298.00
MCHENRY ANALYTICAL WATER 60.00
MCHENRY COUNTY RECORDER 3,421.00
MCHENRY FIRESTONE 27.99
MCHENRY POWER EQUIPMENT 66.05
MCHENRY PUBLIC LIBRARY 25.00
MCNEELY, TOM 740.00
MIDWEST HOSE AND FITTING 56.54
MINUTEMAN PRESS OF MCH 330.10
NAPA AUTO PARTS MPEC 903.72
NCL OF WISCONSIN INC 480.79
NEVILLE, HOLLY 56.98
NICHOLLS, ANGEL 45.00
NIELSEN, RICHARD 70.00
OTTER SALES & SERVICE IN 106.74
OTTOSEN BRITZ KELLY COOP 402.50
PACE 8,435.40
PALMER, MIKE 6.94
PETROLIANCE LLC 11,614.30
PETTIBONE & CO, P F 291.80
PITNER, KEITH 740.00
POE, DAVE 740.00
POLYACK, MICHAEL 70.00
POTTS, MIKE 740.00
RADIOSHACK CORPORATION 14.99
REICHE'S PLUMBING SEWER 155.00
REINDERS INC 1,117.51
REX AUTO BODY 1,000.00
RHODES, DONALD E 600.00
RIGG, NATHAN 740.00
RIVERSIDE BAKE SHOP 146.70
SAM'S CLUB 172.43
SCHLINDER, ANDY 70.00
SEC GROUP INC 64,826.84
SHERWIN INDUSTRIES INC 1,927.00
SIRCHIE FINGER PRINT LAB 344.68
SMALE, PATTI 66.00
SMARZEWSKI, JOHN 670.00
SMITH, MARY 116.00
STAN'S FINANCIAL SERVICE 222.00
STANARD & ASSOCIATES INC 790.00
STANS OFFICE TECHNOLOGIE 179.00
STAPLES ADVANTAGE 54.99
STATE FIRE MARSHAL 75.00
SUNNYSIDE COMPANY 99.00
SYMBOLARTS 85.00
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September 20,2010
THEODORE POLYGRAPH SERV 135.00
THOMPSON ELEVATOR INSPEC 75.00
TIPPS, GREGORY P 720.00
TOALSON, BILL 310.00
TRAFFIC CONTROL 5 PROTEC 960.23
TRIEFENBACH, GORDON W 740.00
VAN KANEGAN, TOM 180.00
VERIZON WIRELESS 2,430.27
VIKING CHEMICAL COMPANY 1,784.40
WASTE MANAGEMENT OF WI P 5,595.44
WILLIAMS, TOM 57.78
ZICKUS, BECKY 10.00
ZIMMERMAN, BOB 128.04
ZUKOWSKI ROGERS FLOOD S 14,834.50
GRAND TOTALS 280,330.57
FUND TOTALS
GENERAL FUND 72,006.29
BAND FUND 13,890.00
CAPITAL IMPROVEMENTS FUND 19,130.26
LOCAL STREET IMPROVEMENTS FUND 15,780.00
WATER/SEWER FUND 126,184.31
UTILITY IMPROVEMENTS FUND 29,916.58
RISK MANAGEMENT FUND 1,000.00
INFORMATION TECHNOLOGY FUND 429.63
RETAINED PERSONNEL ESCROW 1,993.50
TOTALS 280,330.57
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR CONDITIONAL USE PERMIT AND VARIANCES — 305 NORTH FRONT STREET,
TOMMY'S TRANSFER STATION
In attendance representing the applicant, Tommy's Transfer Station, were: Attorney
Michael Poper, Engineer John Tierney(Baxter and Woodman), and Architect Steve Barnes.
Deputy City Administrator Martin stated a request for zoning relief was submitted by
Attorney Michael Poper on behalf of Tommy's Transfer Station for its property located at 305
North Front Street.The applicant is seeking:
1. A conditional use permit to allow a mini-warehouse storage facility and a drive-in
establishment in the strip mall on the subject premises;
2. A variance to allow more than one principal building on the site; and
3. A variance to allow a lot width of less than 200 feet along an arterial street.
Deputy City Administrator Martin stated the Planning and Zoning Commission
considered the matter at a public hearing held on August 19, 2010 and unanimously
recommended its approval according to the specification of the site plan submitted with the
application.
Alderman Santi stated in viewing the drawings of the proposal the project presents itself
well. He inquired if the building of all elements of the project would occur concurrently.
-� Attorney Poper responded in the affirmative. Noting the security lights indicated on the rear
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September 20,2010
portion of the property on the site plan, Alderman Santi inquired if they would be motion
sensitive. Attorney Poper responded in the affirmative. He stated there would be Staff present
to monitor the mini-warehouse use between the hours of 7:30 a.m. and 9 p.m. daily. Entry to
the mini-warehouse area would be achieved by keypad.
Alderman Glab inquired if garage doors would be facing north on the most northern
mini-warehouse building. Attorney Poper responded all garage doors would face internally to
the site. The rear of the buildings, which would be visible from the road, would be comprised of
brick fascia.
In response to an inquiry, Attorney Poper stated security fencing would be utilized
adjacent to the detention pond.
Alderman Glab inquired if the detention pond would meet the needs of detention for
the area. Mr. Tierney stated the detention pond would meet the McHenry County Stormwater
Protection Ordinance. Alderman Glab opined if the area holds water it is actually retention and
not detention. Mr. Tierney stated the area may be planted with wetland plants. A dry bottom is
no longer permitted. Alderman Glab expressed his concerns regarding maintenance of the
detention area.
Alderman Schaefer inquired if the final plan for the development would come before
Council. Deputy City Administrator Martin responded in the affirmative. Alderman Schaefer
inquired if the cross-access agreement with the owner of the Fountain Shoppes has been
finalized. Attorney Poper responded in the negative.
Alderman Schaefer inquired if adequate turning radius has been included on the site
plan for emergency vehicle access. Attorney Poper responded the entire site plan meets the
McHenry Township Fire Protection District requirements.
Alderman Schaefer inquired as to the access point to the office space for the mini-
warehouse storage facility. Mr. Poper responded the office would be located in the southwest
corner of the strip center building. Access to the office would be on the south side of the
building.
Alderman Wimmer asked where the site would be landscaped. Mr. Barnes responded
predominantly on the north and south sides of the site as well as across the rear of the
property.
Alderman Peterson suggested the cross-access point be moved further west on the
property. Mr. Barnes responded the elevation may be high to the west, but they would be
happy to discuss moving the access point with both property owners. Alderman Peterson
inquired as to the projected plans for the property to the west of the site. Deputy City
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Administrator Martin responded the property is very wet and belongs to the Pacini Group.
Alderman Peterson expressed concerns regarding detention.
Alderman Condon stated the project appears to be well thought out.
Alderman Peterson inquired as to the access for maintenance of the detention pond.
Mr. Barnes replied there would be a gate in the security fencing which would allow for
maintenance of the area.
Attorney Poper pointed out it is the intent of the property owner to share the fascia and
look of the Fountain Shoppes. The retail strip center would be constructed on a line with the
Fountain Shoppes. From the highway it would give the appearance that the two are a single
shopping center.
Alderman Glab stated he would have preferred to see a topographical map of the area.
Mr.Tierney responded surface water flows mostly to the west from the site.
Alderman Schaefer inquired where snow would be stored following removal from the
parking lot. Mr. Barnes responded the snow would be moved toward the back of the property
(to the west).
Alderman Glab stated he would like to see a cross-easement on the south side.
Motion by Santi, seconded by Condon, to accept the unanimous recommendation of the
Planning and Zoning Commission to pass an ordinance as presented granting the following as
submitted by Tommy's Transfer Station for the property located at 305 North Front Street:
1. A conditional use permit to allow a mini-warehouse storage facility and a drive-in
establishment in the strip mall on the subject premises;
2. A variance to allow more than one principal building on the site; and
3. A variance to allow a lot width of less than 200 feet along an arterial street.
Voting Aye: Santi,Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: Glab.
Absent: None.
Motion carried.
ORDINANCE AMENDING ZONING ORDINANCE CHAPTERS VII AND XIX RELATING TO
RECREATIONAL VEHICLES AND TRAILERS INCLUDING ONE-YEAR AMORTIZATION PROCESS
Deputy City Administrator Martin stated Staff has repeatedly encountered difficulty in
enforcing the existing regulations regarding the parking/storing of recreational vehicles and
trailers. At hand are recommended definition modifications. Staff also discussed limiting the
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number of recreational vehicles permitted to be stored outside on a premise. It was Staffs
opinion it would be best to not be overly restrictive.
Deputy City Administrator Martin noted the Community Development Committee
discussed this matter at great length. A Public Hearing was held before the Planning and Zoning
Commission on June 17, 2010 and was recessed to July 8, 2010 for further discussion with the
result that there was no recommendation from the Commission (3-3 tie) with regard to this
matter.
Deputy City Administrator Martin stated it is also being recommended that a one-year
amortization period be granted from time of adoption of the ordinance. He noted even though
the Planning and Zoning Commission did not recommend the text amendment it is Staff's
recommendation to pass an ordinance approving the text amendment with regard to parking
recreational vehicles and trailers.
Alderman Peterson inquired if one year was adequate time for all residents to bring
their property into compliance with the ordinance. Deputy City Administrator Martin
responded Staff tried to take into consideration a time that would not place a burden upon any
residents.
Alderman Glab opined this matter should not have been rushed through. He stated it has not been adequately analyzed. He further stated he would prefer to have the ordinance be
more restrictive.
Alderman Schaefer asked about parking surfaces not covered in the ordinance. Deputy
City Administrator Martin responded a lot of variables exist regarding parking and paving
surfaces. Discussion ensued regarding older driveways and the necessity of bringing them up to
current code.
Alderman Condon noted the proposed amendments to the recreational parking
ordinance do not negate the regulations regarding Home Owners Association covenants
currently being enforced, which might be more restrictive.
Motion by Wimmer, seconded by Santi, to accept Staffs recommendation to pass an
ordinance providing for a text amendment to the City's Zoning Ordinance relating to the
parking of recreational vehicles and trailers as presented.
Voting Aye: Santi, Schaefer, Blake, Wimmer, Condon.
Voting Nay: Glab, Peterson.
Absent: None.
Motion carried.
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ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 2.25 ADMINISTRATIVE ADJUDICATION
AND CHAPTER 7 SUBSECTION XVII SUBSTANDARD AND DANGEROUS BUILDINGS TO INCLUDE
DEMOLITION, REPAIR, ENCLOSURE OR REMEDIATION
Deputy City Administrator Martin stated the City has the option of enforcing violations
regarding unsafe buildings and those which may be considered to be uninhabitable or
unsanitary, through the administrative adjudication process. In order to accomplish this, an
amendment to the administrative adjudication chapter of the Municipal Code is required. An
ordinance has been prepared by the City Attorney's office which would provide for the
authority to handle such unsafe, unsanitary or uninhabitable buildings through the City's
administrative adjudication process. Deputy City Administrator Martin noted if Council passes
the ordinance provided, it would also delete the provision regarding Substandard and
Dangerous Buildings from Chapter 7 of the Municipal Code, as it would no longer apply.
Alderman Glab inquired about the reason a tax purchaser requires notification. City
Attorney McArdle responded this language is required by State Statute.
Motion by Schaefer, seconded by Santi, to accept Staffs recommendation to pass an
ordinance providing for the amendment of the Municipal Code Chapter 2.25 Administrative
Adjudication adding a provision for demolition, repair, enclosure or remediation, and to delete
Chapter 7 Subsection XVII Substandard and Dangerous Buildings in its entirety.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson,Condon.
Voting Nay: None.
Absent: None.
Motion carried.
RECOMMENDATION TO:
A. AWARD BID FOR SOLIDS HANDLING UPGRADES TO MAXIM CONSTRUCTION
CORPORATION FOR AN AMOUNT NOT-TO-EXCEED$2,399,000;
B. WAIVE BID REQUIREMENTS AND AUTHORIZE PURCHASE OF EQUIIPMENT FROM SOLE
SOURCE PROVIDERS IN THE TOTAL AMOUNT OF$768,947;AND
C. ACCEPT THE PROPOSAL FOR SCADA SYSTEM INTEGRATION CONTROLS SUBMITTED BY
ADVANCED AUTOMATION AND CONTROLS IN THE AMOUNT NOT-TO-EXCEED$159,500
City Administrator Black stated on July 26, 2010 the City Council authorized Staff to
publicly bid the solids handling system upgrades at the Central Wastewater Treatment Plant
(CWWTP) and the South Wastewater Treatment Plant (SWWTP). Bids were received on August
31, 2010 with the lowest responsible bid submitted by Maxim Construction Corporation in the
amount not-to-exceed $2,399,000. Staff recommends acceptance of this bid.
City Administrator Black stated Staff is also seeking permission to waive bid
requirements and to purchase equipment from sole source providers as recommended by SEC
Group as follows:
ti
Velocity Dynamics Inc Polymer Blending System $ 67,660
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September 20,2010
Smith Ecological Systems Inc Gas Chlorination System $ 22,550 ^`
Parkson Corporation Fine Screen Unit $198,852
Komline-Sanderson Belt Filter Press $349,910
Vogelsang Positive Displacement Pumps $129,975
TOTAL $768,947
City Administrator Black stated Staff is also seek authorization to enter an agreement
with Advanced Automation and Controls Inc for SCADA system integration of the solids
handling at the SWWTP in an amount not-to-exceed $159,500.
City Attorney McArdle stated he would like to audit the terms and conditions of the
agreement prior to City execution.
Motion by Wimmer, seconded by Schaefer, to accept Staffs recommendation to
approve the following with regard to the wastewater treatment plants solids handling
upgrades:
1. Award the bid to Maxim Construction Corporation for the solids handling upgrades at
CWWTP and SWWTP in the amount not-to-exceed $2,399,000;
2. Approve purchases in the total amount of $768,947 from the following sole source
providers:
Velocity Dynamics Inc Polymer Blending System $ 67,660
Smith Ecological Systems Inc Gas Chlorination System $ 22,550
Parkson Corporation Fine Screen Unit $198,852
Komline-Sanderson Belt Filter Press $349,910
Vogelsang Positive Displacement Pumps $129,975
3. Following City Attorney audit as to terms and conditions, enter into a contract
agreement with Advanced Automation and Controls Inc for SCADA system integration of
the solids handling at the SWWTP in an amount not-to-exceed $159,500.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
RECOMMENDATION TO:
A. AWARD BID FOR THE COMPLETION OF THE SIDEWALKS, DRIVEWAY APRONS AND
LANDSCAPING IN LEGEND LAKES SUBDIVISION TO GREG GREENHILL CONSTRUCTION
COMPANY IN THE AMOUNT NOT-TO-EXCEED $133,842.65;
B. WAIVE BID REQUIREMENTS AND AUTHORIZE PURCHASE FOR CIPP REPAIR TO THE
STORM SEWER IN THE LEGEND LAKES SUBDIVISION FROM SOLE SOURCE SERVICE
PROVIDER INFRASTRUCTURE SOLUTIONS INC IN THE AMOUNT OF$12,700
City Administrator Black stated in December 2009 Council authorized Staff to seek bids
to construct unfinished public improvements in the Legend Lakes Subdivision. Funding for the
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construction of the remaining public improvements would be provided from the $1 million
settlement with subdivision developer Kimball Hill Homes' surety company which held the
public improvements bonds when Kimball Hill Homes filed bankruptcy.
City Administrator Black noted bids were sought, received and opened on September 8,
2010 for the removal/replacement of damaged sidewalks and driveway aprons, installation of
new sidewalks, and landscaping of the public right-of-way. The lowest responsible bid was
submitted by Greg Greenhill Construction Company in the amount of$133,842.55.
City Administrator Black stated SEC Group is recommending the spot repair of damaged
storm sewer pipes using a cured in-place pipe liner. The qualified contractor for this project is
Infrastructure Solutions Inc who would complete the task for the amount of $12,700. SEC
Group recommends acceptance of the proposal submitted by Infrastructure Solutions Inc.
Funds to pay for the repairs would be taken from the previously mentioned settlement.
In response to an inquiry, Director of Public Works Schmitt stated there remains a
couple of public improvements still to complete in the subdivision.
Motion by Blake,seconded by Wimmer,to accept Staffs recommendation to:
1. Award the bid for the repair/replacement of damaged sidewalks and aprons, install new
sidewalks and landscape the public right-of-way in Legend Lakes Subdivision in the
amount not-to-exceed $133,842.65 to Greg Greenhill Construction;and
2. Accept the proposal to spot repair damaged storm sewer pipes using a cured in-place
pipe line in the amount of$12,700 submitted by Infrastructure Solutions Inc.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR STATEMENT AND REPORT
Mayor Low announced her intention to appoint Joseph Doherty to fill the unexpired
term of John Howell to the Planning and Zoning Commission. The term would expire on April
30, 2010. She requested a motion to approve the appointment.
Motion by Wimmer, seconded by Santi, to accept Mayor Low's recommendation to
appoint Joseph Doherty to fill the unexpired term of John Howell to the Planning and Zoning
Commission with an expiration date of April 30, 2011.
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Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Abstained: Glab.
Absent: None.
Motion carried.
Mayor Low reported BuddyZ opened for business to a good crowd this past weekend.
The Brunch Cafe also opened for business.
Mayor Low also reported the Movies in the Park series is drawing a good crowd and the
event provides free family-friendly entertainment. She complimented Paul Letizia for the
success of this event.
COMMITTEE REPORTS
There were no Committee Reports.
STAFF REPORTS
There were no Staff Reports.
FUTURE AGENDA ITEMS
Alderman Blake requested clarification that Council would meet on Monday, September —�
27111 as the Bears versus the Packers football game is on Monday Night Football. City
Administrator Black confirmed that is correct.
ADJOURNMENT
Motion by Schaefer,seconded by Wimmer, to adjourn the meeting at 8:44 p.m.
Voting Aye: Santi,Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Thg meeting was adjourned
adjourned at 8:44 p.m.
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Mayor City Clerk