HomeMy WebLinkAboutMinutes - 05/03/2010 - City Council REGULAR MEETING
MAY 3, 2010
Mayor Low called the regularly scheduled May 3, 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 Maxeiner, City Clerk Jones, City Attorney McArdle, Deputy City Administrator
Martin, Assistant City Administrator Hobson, Construction Neighborhood Services Director
Schwalenberg, Public Works Director Schmitt, Finance Director Black, Parks and Recreation
Director Merkel (arrived at 7:45 p.m.), Police Chief Brogan.
PROCLAMATION: PUBLIC WORKS WEEK MAY 16-MAY 22, 2010
Mayor Low recognized numerous members of the City's Public Works Department who
were in attendance for this evening's meeting. Mayor Low noted she received so many
compliments regarding the good work performed by members of this department.
Mayor Low read into the record of the meeting a proclamation declaring May 16-May
22, 2010 as Public Works"Week in the City of McHenry. Mayor Low thanked the Public Works
employees for the great work they do on behalf of the City. Mayor Low presented the framed
proclamation to Director of Public Works Schmitt. Mayor Low also noted Director Schmitt was
recently honored by the State of Illinois Water Works Division for 25 years of service.
PUBLIC INPUT SESSION
There was no one in attendance wishing to address Council during the Ten Minute
Public Input Session.
CONSENT AGENDA
Motion by Wimmer, seconded by Blake, to approve the Consent Agenda as presented:
A. Request from McHenry Jaycees for Annual Haunted House:
1. Annual use of Knox Park Barn;
2. Permission to post temporary advertising signs in right-of-way;
3. Waiver of all associated fees;
B. Annual NIPCL Membership Assessment;
C. Special Use/Picnic Permits;
D. List of Bills:
ADAMS ENTERPRISES INC, R 164.23
ADAMS STEEL SERVICE INC 13.65
AMERICAN SOLUTIONS FOR B 291.00
ASHLAND SPECIALTY CHEMIC 2,610.00
AT&T 2,779.37
BUSS FO�D SALES 59.36
CHICAGO INTERNATIONAL TR 3,006.14
COMED 417.72
CONCRETE SOLUTIONS CORP 794.00
CONSERV FS 27.30
CONSTELLATION NEWENERGY 11,289.50
CRESCENT ELECTRIC SUPPLY 20.51
DEBOLT, JUSTIN 8.00
ED'S RENTAL & SALES INC 767.96
FIRESTONE COMPLETE AUTO 30.00
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May 3,2010
FOXCROFT MEADOWS INC 276.96
GOLD MEDAL PRODUCTS 286.66
GROWER EQUIPMENT & SUPPL 818.78
HARM'S FARM 97.72
HBK WATER METER SERVICE 3,131.23
HUBER TECHNOLOGY INC 12,355.80
ILLINOIS STATE POLICE 20.00
IRISH PRAIRIE RECREATION 1,100.00
MARATHON TOWING 125.00
MCANDREWS PC, THE LAW OF 6,600.00
MCCANN INDUSTRIES INC 70.38
MCHENRY ANALYTICAL WATER 2,060.00
MEYER MATERIAL COMPANY 136.43
MINUTEMAN PRESS OF MCH 1,410.21
MUSCO SPORTS LIGHTING LL 280.72
NICOR GAS 740.40
NORTH EAST MULTI-REGIONA 35.00
PEPSIAMERICAS 784.30
PETROLIANCE LLC 7,857.02
PETTIBONE & CO, P F 490.38
POLERECKY, ROSS 160.00
PRECISION SERVICE & PART 32.39
PROFESSIONAL INSPECTION 30.00
RIETESEL, BYRON 135.00
ROC CONSTRUCTION SUPPLY 130.86
SCHULHOF COMPANY 38.51
SECRETARY OF STATE/INDEX 10.00
SEXTON, ERIC M 14.30
STAPLES BUSINESS ADVANTA 136.62
STATE FIRE MARSHAL 200.00
STATE TREASURER IDOT 7,445.79
TRAFFIC CONTROL & PROTEC 817.00
TRIEBOLD IMPLEMENT INC 164.31
TROPIC STOP 30.00
USA BLUEBOOK 1,192.28
WASTE MANAGEMENT OF WI P 9,849.98
GRAND TOTALS 81,542.77
FUND TOTALS
GENERAL FUND 33,827.93
WATER/SEWER FUND 35,031.22
UTILITY IMPROVEMENTS FUND 12,355.80
INFORMATION TECHNOLOGY FUND 327.82
TOTALS 81,542.77
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
SPECIAL USE PERMIT FOR VETERANS MEMORIAL PARK—RIVERVIEW THEATER COMPANY
Assistant City Administrator Hobson stated a request was submitted by Riverview
Theater Company seeking permission to use Veterans Memorial Park for their annual
Shakespeare in the Park event. The event would take place on July 17, 21, 22, 24 and 25, 2010.
The group is also seeking permission to post temporary advertising signs to help draw attention
to the performances. The signs would be posted from July 11th until July 28th. The special event
fee schedule dictates a fee of$300 be assessed for the event.
Assistant City Administrator Hobson stated it is Staff's recommendation to approve the
request as presented.
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May 3,2010
Motion by Wimmer, seconded by Schaefer, to accept Staff's recommendation to
approve the request submitted by Riverview Theater Company for use of Veterans Memorial
Park for the Annual Shakespeare in the Park event scheduled for July 17, 21, 22, 24 and 25,
2010, to allow storage of event equipment in a trailer in a parking stall adjacent to the park for
the duration of the event, and to allow posting of temporary advertising signs throughout town
from July 11th until July 28th, as presented.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST TO SOLICIT DONATIONS IN MUNICIPAL RIGHT-OF-WAY — MUSCULAR DYSTROPHY
ASSOCIATION
In attendance was Mary Ann Matus of the Rockford office of the Muscular Dystrophy
Association.
Deputy City Administrator Martin stated a request was submitted by the Muscular
Dystrophy Association (MDA) who is working with the McHenry Township Fire Protection
District to solicit funds in their Fill the Boot fundraising event. He noted MDA is seeking Council
permission to collect donations in the municipal rights-of way. They would have three or four
solicitors at each of the following intersections:
• Richmond Road and Elm Street;
• Riverside Drive and Elm Street;
a Richmond Road and McCullom Lake Road;
• Route 31 and Charles Miller Road/Bull Valley Road.
Deputy City Administrator Martin stated although City ordinance does not prohibit
soliciting in public rights-of-way, it has been City policy to prohibit solicitation of funds in public
rights-of-way or at any intersection within City limits. The policy is based on safety for solicitors
as well as drivers and pedestrians. Additionally, this type of soliciting would provide an
increased opportunity for distraction and the potential for accidents. Staff is concerned that
approving such a request would set a precedent for other charitable organizations that do
fundraising in the City. It is therefore Staff's recommendation to deny the request by the MDA
to solicit funds on public rights-of-way in the City of McHenry.
Ms. Matus addressed Council and read a letter from Pat Ross whose granddaughter,
Sophia, has muscular dystrophy. Ms. Matus noted donation amounts increase dramatically with
firefighters being on the street rather than at store fronts. Ms. Matus asked Council to consider
their request.
Alderman Schaefer stated he wants the motion to include clarification that the MDA and
firefighters would be allowed to collect as long as they were not in the roadway.
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May 3,2010
Alderman Wimmer noted it is the firemen who are making the request, and they are
only anticipating soliciting for six hours. However, he does not want to set a precedent.
Alderman Peterson concurs that more money is collected on the streets at intersections.
However, he expressed concern about volunteers being in the intersections.
Alderman Condon stated she supports the cause, but there is too great a risk to the
volunteers to be on the streets at intersections. She noted she cannot support the request.
Alderman Santi concurred with Alderman Condon. He noted there is a safety issue. He
stated he might consider approving stop-sign posted intersections.
Alderman Glab stated he sees a lot of fundraising activities on the streets and he has not
observed any problems other than tying up traffic. However, he concurred with Alderman
Condon.
City Attorney McArdle inquired of Ms. Matus if any other intersections had been
considered. Ms. Matus responded this is a summer fundraiser and she would come back to
Council with a different format/plan for soliciting.
Alderman Peterson expressed concern about safety issues, even at four-way stop
intersections. He stated he does not want to start a precedent.
Motion by Schaefer, seconded by Glab, to accept Staff's recommendation to deny a
request from the Muscular Dystrophy Association to solicit funds on rights-of-way within the
City of McHenry, but that the MDA may be issued a solicitors permit for soliciting donations at
off-road locations.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion to deny carried.
Mayor Low stated this is a difficult situation. She does not know how it would be
possible to grant one group permission to solicit in the streets while denying another group the
same privilege Mayor Low suggested members of the MDA meet with the firefighters and
approach Council with another format for a fundraiser.
REQUEST FOR SIGN VARIANCE— MARATHON GAS STATION 3811 WEST ELM STREET
In attendance was Ronald Bykowski, property owner of 3811 West Elm Street.
Deputy City Administrator Martin stated the applicant is requesting a sign setback
variance for the property located at 3811 West Elm Street. The existing concrete base is
located four feet from the property line. The sign ordinance requires a five foot setback from
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May 3,2010
the property line requiring a one foot variance from the ordinance requirements. All other
aspects of the proposed sign would comply with the sign ordinance. Deputy City Administrator
Martin stated it is Staff's recommendation to deny the request.
Mr. Bykowski addressed Council noting the tenants have been at this location for two
years. He noted the distance from the sign post to Route 120 is approximately six feet and he
opined the sign is in compliance.
Alderman Glab stated he could support the variance as the sign would be mounted on
an existing pole. He inquired if the variance would be permanent. City Administrator Martin
replied in the affirmative. Alderman Glab suggested assigning an expiration date for the
variance.
Alderman Schaefer stated he does not have an issue with the requested variance.
Alderman Blake concurred with Alderman Schaefer.
Responding to an inquiry, Deputy City Administrator Martin stated the sign would be in
compliance if the setback variance is granted.
Alderman Condon noted a plan was put in place to require all signs to be in setback
compliance by 2013.
A proposal was made by Alderman Peterson to require that the sign be brought into full
compliance by 2013. Alderman Glab concurred with the proposal. Following brief discussion, it
was the consensus of Council to consider the request as presented without a 2013 compliance
date.
Motion by Peterson, seconded by Glab, to approve the sign variance request submitted
on behalf of Marathon Gas Station located at 3811 West Elm Street, to permit a free-standing
sign to be located four feet from the property line as presented.
Voting Aye: Santi, Glab, Schaefer, Blake, Peterson, Condon.
Voting Nay: Wimmer.
Absent: None.
Motion carried.
REQUEST FOR TEMPORARY USE PERMIT — CHURCH OF HOLY APOSTLES, 5200 WEST BULL
VALLEY ROAD
Deputy City Administrator Martin stated a request was submitted by Church of Holy
Apostles to host a Super-Couponing Class at their facility located at 5211 West Bull Valley Road.
As the event would be advertised and open to the public, a temporary use permit is required.
The fundraising event proceeds would be utilized to assist in funding an Eagle Scout project for
~' a parishioner. The event would take place on Wednesday, June 16, 2010 at 7 p.m. in Bell Tower
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May 3,2010
Place on the church campus. It is anticipated that between 150-200 people will attend the -�
event. Deputy City Administrator Martin stated Staff has reviewed the request and it is their
recommendation to approve the temporary use permit as presented.
Alderman Condon noted this is a creative way for an Eagle Scout to raise money for a
project which will assist him in obtaining his badge.
Motion by Condon, seconded by Santi, to accept Staff's recommendation to approve the
request submitted by Church of Holy Apostles for a temporary use permit to allow a Super-
Couponing Class at their facility located at 5211 West Bull Valley Road on Wednesday, June 16,
2010 as presented.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR SIGN VARIANCE — SHOPS AT FOX RIVER RETAIL DEVELOPMENT, NORTH
RICHMOND ROAD
Deputy City Administrator Martin stated a request was submitted from Developers
Diversified Realty, owner of Shops at Fox River Shopping Center on north Richmond Road for
sign variances to allow temporary advertising signs. The signs are intended to draw attention to
the T.J.Maxx which will be opening later this year at this location. The request includes the
following:
• Display of a 100 square foot"Coming Soon-T.J. Maxx" banner on the fagade of the building,for one year;
• Display of a 32 square foot ground sign adjacent to Richmond Road advertising the new T.J. Maxx store
(location proposed east of Richmond Road and west of Olive Garden Restaurant as depicted on site plan),
for one year;
• Display of a 96 square foot banner stating "Space Available" on the fagade of the former Wickes building,
for one year or until the space is filled;
• Display of a 96 square foot banner stating "Now Leasing 2,000 sf to 4,000 sf" on the fagade of vacant
available inline retail space,for one year or until the space is leased;
• Display of a 32 square foot V-shaped "Now Leasing"sign adjacent to Richmond Road (location as depicted
on site plan),for one year or until the available space has been leased.
Deputy City Administrator Martin noted Staff has reviewed the request and believes
additional signage is warranted to attract business. It is necessary, however, to have
reasonable limitations, in order to prevent all shopping centers from becoming cluttered with
advertising signs and banners. Staff would therefore recommend approval of the following:
• T.J. Maxx 100 square foot banner be permitted to be displayed until the store opens;
• The "Now Leasing 2,000 sf to 4,000 sf" and "Space Available" banners be permitted for up to twelve
months or until such time that the space is leased;
• The proposed V-shaped "Now Leasing" ground sign be scaled back to one panel only with the applicant
having the availability of using both sides of the sign (same message). This sign shall be permitted for up
to twelve months or until the space is leased;
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May 3,2010
• The proposed single-sided T.J. Maxx ground sign be eliminated. Instead, if desired, an additional banner
stating "Coming Soon—T.J. Maxx" shall be allowed within the existing monument sign until such time as
T.J. Maxx opens for business.
Responding to Alderman Peterson's inquiry, Deputy City Administrator Martin stated
the proposed opening of T.J. Maxx is anticipated during fall 2010.
Alderman Condon opined the City should do whatever is possible to assist the
businesses in the community.
Alderman Glab expressed concern regarding how the signs and banners will look in six
months.
Mayor Low stated the banners and signs will generate interest and enthusiasm in the
shopping center.
Motion by Schaefer, seconded by Blake, to accept Staff's recommendation to approve a
temporary sign variance to allow the following as submitted by Developers Diversified Realty
regarding their property located at the Shops at Fox River Shopping Center:
• T.J. Maxx 100 square foot banner be permitted to be displayed until the store opens;
• The "Now Leasing 2,000 sf to 4,000 sf" and "Space Available" banners be permitted for up to twelve
months or until such time that the space is leased;
`- • The proposed V-shaped "Now Leasing" ground sign be scaled back to one panel only with the applicant
having the availability of using both sides of the sign (same message). This sign shall be permitted for up
to twelve months or until the space is leased;
• The proposed single-sided T.J. Maxx ground sign be eliminated. Instead, if desired, an additional banner
stating "Coming Soon —T.J. Maxx" shall be allowed within the existing monument sign until such time as
T.J. Maxx opens for business.
Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: Glab.
Absent: None.
Motion carried.
MUNICIPAL AUDITING SERVICES AGREEMENT—EDER, CASELLA & COMPANY
Finance Director Black stated the Illinois Compiled Statutes (651LCS 5/8-8) requires the
City to conduct an audit of financial records and to file a report on the results of the audit
within six months after the close of the fiscal year. Eder, Casella and Company has been
retained by the City to fulfill this requirement since 1998. The recommended practice is for
municipalities to seek proposals for auditing services every five to seven years. However, it is
not uncommon for municipalities to forego a competitive selection process in order to maintain
continuity and to help minimize the potential for disruption in connection with the independent
audit.
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May 3,2010
Director Black stated it is Staff's recommendation to authorize the execution of a three-
year agreement with Eder, Casella and Company for auditing services.
Motion by Condon, seconded by Santi, to accept Staff's recommendation, to approve
and authorize the Mayor's execution of a three-year agreement with Eder, Casella and
Company for auditing services as follows:
Annual Financial Report:
• FY 5/1/2009 through 4/30/2010 $28,550
• FY 5/1/2010 through 4/30/2011 $29,125
• FY 5/1/2011 through 4/30/2012 $29,700
Police Pension Fund Audit:
• FY 5/1/2009 through 4/30/2010 $3,150
• FY 5/1/2010 through 4/30/2011 $3,225
• FY 5/1/2011 through 4/30/2012 $3,300
Miscellaneous additional services:
• FY 5/1/2009 through 4/30/2010 $1,280
• FY 5/1/2010 through 4/30/2011 $1,300
• FY 5/1/2011 through 4/30/2012 $1,325.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None. —�
Motion carried.
MAYOR STATEMENT AND REPORT
Mayor Low announced the Character Counts! Pillar for May is Responsibility.
Mayor Low stated the Honorary Street Sign dedication for Honorary Fred Meyer Way
will take place on Wednesday, May 5, 2010 at 6 p.m. at the northwest corner of the
intersection of Riverside Drive and Pearl Street.
Mayor Low announced there would be an Executive Session this evening to discuss
Potential Litigation.
COMMITTEE REPORTS
Parks and Recreation Committee Chairman Peterson announced the May meeting has
been canceled due to a lack of agenda.
STAFF REPORTS
City Administrator Maxeiner announced the City-wide spring clean-up program is
scheduled for May 17 through May 20th. Pickup will occur on the regular garbage collection day.
For more information, residents are encouraged to visit the City's website located at
www.ci.mchenry.il.us.
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May 3,2010
FUTURE AGENDA ITEMS
Alderman Peterson suggested Council review liquor license fees. He stated he would like
information as to when the fees were last increased. He also suggested the City consider a one-
time liquor application fee be implemented. City Administrator Maxeiner responded noting
Staff has already begun researching this issue.
Alderman Glab stated he would like sign fees to be researched by Staff. He noted
Council is constantly being asked to waive temporary sign fees.
EXECUTIVE SESSION: POTENTIAL LITIGATION
Motion by Wimmer, seconded by Condon, to go into Executive Session to discuss
Potential Litigation at 8:40 p.m.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Council went into Executive Session at 8:41 p.m.
Motion by Condon, seconded by Wimmer, to go back into Open Session at 9:02 p.m.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Council went back into Open Session at 9:02 p.m.
OPEN SESSION REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION
There was no action regarding matters discussed in Executive Session.
ADJOURNMENT
Motion by Condon, seconded by Santi, to adjourn the meeting at 9:02 p.m.
Voting Aye: Santi, Glab, Schaefer, Blake, Peterson, Condon.
Voting Nay: Wimmer.
Absent: None.
Motion carried.
The meeting was adjou ed at 9:02 p.m.
yor City Clerk
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