HomeMy WebLinkAboutMinutes - 04/19/2010 - City Council REGULAR MEETING
APRIL 19, 2010
Mayor Low called the regularly scheduled April 19, 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, Police Chief Brogan, City Engineer Pieper.
PROCLAMATION: LOOK AT LOCAL HISTORY MONTH
Mayor Low read into the record of the meeting a proclamation declaring May 2010 as
Look at Local History Month in McHenry. Mayor Low then presented the framed proclamation
to Landmark Commission Chairman Patrick Wirtz.
Chairman Wirtz invited all to attend the display of World War II artifacts event
scheduled for May 15th at McHenry High School West Campus from 1 to 4 p.m.
PUBLIC INPUT SESSION
There was no one in attendance wishing to address Council during the Ten Minute
Public Input Session.
CONSENT AGENDA
Motion by Schaefer, seconded by Blake, to approve the Consent Agenda as presented:
A. Fiscal Year 2009/2010 Supplemental Appropriation Ordinance;
B. Special Event liquor license—Nicolino's Trackside;
C. MAYC request for waiver of fees for Petersen Park Beach admission and canoe rental for summer program field trip;
D. Police General Order—Illinois Premise Alert Program;
E. List of Bills:
ACE HARDWARE, BJORKMAN'S 2,790.16
ADAMS STEEL SERVICE INC 729.12
AGUILAR, JEAN 36.00
ANDREWS, MAUREEN J 132.00
ARAMARK 556.22
AT&T 3,533.77
AT&T LONG DISTANCE 112.14
AUBUCHON, CHRISTINE 12.00
BAGLIO, MICHAEL 30.00
BANK OF NEW YORK, THE 600.00
BARTA, RON 23.43
BUSS FORD SALES 573.96
CHRISTIE, BRITTANY 748.00
CHRISTOPHER, DAVID 103.76
COMCAST CABLE 75.78
CONNEY SAFETY PRODUCTS 169.03
CUSTOM LANDSCAPING 725.00
D'ANGELO NATURAL SPRING 46.50
�� D'S MARINE SERVICE INC 42.50
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April 19,2010
DOCUMENT IMAGING DIMENSI 318.00
DOUG'S TRANSMISSIONS 1,285.00
DUFFY, DANIEL 87.95
ED'S RENTAL & SALES INC 80.49
EJ EQUIPMENT 62.27
ELM STREET DESIGN 90.00
FLESCH COMPANY INC, GORD 550.87
FOXCROFT MEADOWS INC 798.00
GENRE, MICHAEL 28.03
GERAGHTY, MARCI 84.14
GETZ, JAMES 44.29
GREVE, CLINT 121.66
GROVE, KELLY 487.50
HACH COMPANY 338.06
HARM'S FARM 56.00
HENRY, WILLIAM 36.62
HIGGINS, RICHARD 10.20
HOBSON, BILL 192.31
INNOVATIVE PACKAGING INC 1,800.00
JOHNSON, SEAN 117.69
KALE UNIFORMS INC 638.80
KIMBALL MIDWEST 276.43
MATTOS, AL 18.96
MCCANN INDUSTRIES INC 3,512.46
MCH COUNTY DEPT OF HEALT 800.00
MCHENRY COMMUNITY SCHOOL 1,168.13
MCHENRY COUNTY RECORDER 702.00
MEADE ELECTRIC COMPANY I 247.46
MEYER JR, DONALD 65.81
MIDWEST METER INC 732.06
MTS SAFETY PRODUCTS INC 128.32
NEUMAN, JOHN 12.98
PETROLIANCE LLC 3, 916.95
PRECISION SERVICE & PART 11.98
PROMISING PICASSOS INC 261.00
REINWALL REPAIRS 5,060.00
RELIABLE SAND & GRAVEL 1,161.14
RITER, PAM 37.09
SEC GROUP INC 22,248.50
SECRETARY OF STATE 99.00
SHERIFF, CHRISTY 54.00
SPRINT 117.44
SWIFT CO INC, JOHN S 2,930.00
TOMARK SPORTS INC 599.96
TONYAN, LUCY 1,587.60
TOTAL BROKER BENEFITS 895.00
TRAFFIC CONTROL & PROTEC 375.51
TRANSCHICAGO TRUCK GROUP 155.69
UNITED LABORATORIES 1,100.84
USA BLUEBOOK 896.24
VALENCIA, DIONETTE 15.14
VERIZON WIRELESS 133.10
WASTE MANAGEMENT OF WI P 7,615.60
WATER SOLUTIONS UNLIMITE 4,700.00
WEBB BUILDING MAINTENANC 4,150.00
WIRTZ, PAT 43.60
XYBIX SYSTEMS INC 1,143.00
GRAND TOTALS 85,240.24
FUND TOTALS
GENERAL FUND 33,633.89 r
DEBT SERVICE-1997A FUND 600.00
CAPITAL IMPROVEMENTS FUND 22,248.50
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April 19,2010
WATER/SEWER FUND 22,122.96
MARINA OPERATIONS FUND 5,140.00
EMPLOYEE INSURANCE FUND 895.00
INFORMATION TECHNOLOGY FUND 537.89
RETAINED PERSONNEL ESCROW 62.00
TOTALS 85,240.24
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FROM MCHENRY LIONS CLUB FOR ANNUAL CARNIVAL—JUNE 9 THROUGH JUNE 12,
2010:
1. USE OF PETERSEN PARK;
2. TEMPORARY ADVERTISING SIGNS IN MUNICIPAL RIGHT-OF-WAY;
3. WAIVER OF ALL ASSOCIATED FEES;
4. WAIVER OF MUNICIPAL CODE SECTION 16-25 TO ALLOW OVERNIGHT STAYS IN THE
PARK FOR 2010 EVENT
Assistant City Administrator Hobson stated a request was submitted by McHenry Lions
Club to host their annual carnival from June 9th through June 12th. The event would take place
in Petersen Park. The Lions Club is seeking a waiver of park rental fees and permission to have
overnight stays for the duration of the event. The club is also requesting permission to post
temporary advertising signs to announce the event. Signs would be posted at the following
locations:
• Riverside Drive and McCullom Lake Road
• Route 120 and Chapel Hill Road (southwest corner)
• Route 120 and Ringwood Road (northeast corner)
• Route 31 and Pearl Street
• Route 31 and High Street
• Route 31 and McCullom Lake Road.
Assistant City Administrator Hobson noted Staff supports the request subject to the
condition that the signs be posted no earlier than ten days prior to the event and be removed
within 48 hours of its conclusion.
Motion by Santi, seconded by Schaefer, to accept Staff's recommendation to approve
the following as requested by the McHenry Lion's Club for its Annual Carnival to be held June 9,
2010 through June 12, 2010:
1. Use of Petersen Park;
2. Posting of temporary advertising signs in municipal right-of-way at the following
locations:
a. Riverside Drive and McCullom Lake Road
b. Route 120 and Chapel Hill Road (southwest corner)
c. Route 120 and Ringwood Road (northeast corner)
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April 19,2010
d. Route 31 and Pearl Street -�
e. Route 31 and High Street
f. Route 31 and McCullom Lake Road.
3. Waiver of all associated fees;
4. Waiver of Municipal Code Section 16-25 to allow overnight stays in the park for the
duration of the event;
subject to the condition that the temporary advertising signs be displayed no earlier than ten
days prior to the event and be removed within 48 hours of its conclusion.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR VARIANCES-500 BALLY ROAD
Mayor Low announced the agenda item regarding the request for variances at 500 Bally
Road is being pulled from this evening's agenda and will be scheduled for consideration at a
later date.
REQUEST FOR CLASS F2 LIQUOR LICENSE FOR MCHENRY BP AND BULL VALLEY BP FROM
GRAHAM_ ENTERPRISES INC; AND ORDINANCE INCREASING THE NUMBER OF CLASS F2
LIQUOR LICENSES FROM EIGHT TO TEN '
In attendance was Mr. Patrick Graham of Graham Enterprises, Inc.
City Administrator Maxeiner stated a request was submitted by Graham Enterprises
requesting authorization to sell packaged liquors in the McHenry BP gas station located at 508
South Route 31 and the Bull Valley BP gas station located at 5301 Bull Valley Road. The stations
currently sell food, snacks, lottery tickets, tobacco products, miscellaneous auto care products,
in addition to gasoline. It is Staffs recommendation that Council consider the request.
Alderman Glab noted it has been City policy for as long as he can recall that no alcoholic
beverages be sold at gas stations. He stated he recognizes the convenience factor, and would
support the request if it meant someone would walk to pick up beer as opposed to driving to
the store.
Alderman Blake concurred with Alderman Glab.
Alderman Wimmer inquired as to the proposed hours of sale. City Administrator
Maxeiner responded the liquor ordinance permits sale of alcoholic beverages until 2 a.m.
However, the alcoholic beverage sales area would be restricted to 50% of the floor area.
Alderman Wimmer also concurred with Alderman Glab.
Mayor Low stated the Bull Valley BP gas station has been an eyesore for a long time and
has now been revitalized. Mr. Graham has asked for consideration to test the City waters
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April 19,2010
regarding its policy that prevents the issuance of liquor licenses to gas stations. Mayor Low
stated she supports the request because Mr. Graham has demonstrated he would be a
responsible business owner if issued the licenses.
Mr. Graham addressed Council stating the issuance of a liquor license is a privilege. He
noted he has a scanner at each gas station that prompts the cashier to card individuals and
enter the customer's date of birth. The company has a zero tolerance policy. He also noted it is
his company policy to discontinue the sale of alcoholic beverages at midnight.
City Attorney McArdle stated the terms of the license can be adjusted to restrict the
hours of sale until midnight.
City Administrator Maxeiner inquired if Mr. Graham would be opposed to bringing the
matter back at the Annual Meeting on April 26, 2010 when annual liquor licenses are issued.
Mr. Graham responded in the affirmative.
Alderman Condon noted she was initially not enthusiastic regarding the request.
However, after hearing about the company safeguards in place, she is more supportive of the
request.
Alderman Santi inquired about the number of gas stations in town. Alderman Glab
responded approximately 20-21 stations.
In response to Alderman Schaefer's inquiry, City Administrator Maxeiner stated there
are already restrictions in place regarding the sale of alcoholic beverages in proximity to
schools.
Mayor Low suggested the matter be tabled until the April 26, 2010 Annual Meeting in
order to provide City Attorney McArdle and Staff an opportunity to prepare an additional
classification of liquor licenses.
COMMITTEE RECOMMENDATION: ORDINANCE AMENDING MUNICIPAL CODE BY REPEALING
CHAPTER 7.50 CODE HEARING DEPARTMENT AND ADDING CHAPTER 2.25 ADMINISTRATIVE
ADJUDICATION
Deputy City Administrator Martin stated the City established a Code Hearing
Department in 2002 for the purpose of expediting the prosecution and correction of City code
violations. City Attorney McArdle informed Staff that since obtaining home rule status this
portion of the Municipal Code must be updated. The proposed ordinance, which would repeal
the existing code hearing department and replace it with administrative adjudication, has been
reviewed by Staff from the Construction and Neighborhood Services Department and the Police
Department. It is Staff's intent that all code compliance matters, building code violations and
non-moving police violations would be handled through the administrative adjudication
process.
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April 19,2010
Deputy City Administrator Martin stated the matter was presented to the Community -�
Development Committee at its March 16, 2010 regularly scheduled meeting. The Committee
directed Staff to present the ordinance to Council for consideration.
Alderman Glab requested that City Council advice and consent be sought with regard to
the creation and appointments relating to the Office of Administrative Adjudication.
Alderman Condon stated she believes Council should have input regarding anyone's
appointment. She noted she was referring to the appointments cited in section 2.25-2(A) 1
through 5.
Alderman Glab stated in the past Council was included in the administrative
adjudication process. He noted it would appear that would no longer be the case. Deputy City
Administrator Martin stated Staff is proposing the administrative work would be done by
Deputy Clerk Kunzer.
Mayor Low suggested section 2.25-2(A)(5) be amended to read "Any City Staff person or
persons deemed necessary for the efficient administration of the Office of Administrative
Adjudication".
Motion by Santi, seconded by Peterson, to accept the recommendation of the
Community Development Committee to pass an ordinance repealing Municipal Code Section
7.50 Code Hearing Department and adding Section 2.25 Administrative Adjudication, subject to
amending section 2.25-2(A)(5) to state "Any City Staff person or persons deemed necessary for
the efficient administration of the Office of Administrative Adjudication".
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR STATEMENT AND REPORT
There was no Statement or Report from Mayor Low.
COMMITTEE REPORTS
Parks and Recreation Committee Chairman Peterson announced the Arbor Day
Ceremony is scheduled for Friday, April 30, 2010 at 3 p.m. in the Municipal Center Council
Chambers.
STAFF REPORTS
There were no Staff Reports.
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April 19,2010
FUTURE AGENDA ITEMS
Alderman Glab inquired about regulations governing advertising being placed on the
_ windshield of vehicles. City Administrator Maxeiner responded regulations were in place
regarding this issue.
EXECUTIVE SESSION: PROPERTY ACQUISITION
Motion by Glab, seconded by Wimmer, to go into Executive Session to discuss Property
Acquisition at 8:24 p.m.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Council went into Executive Session at 8:25 p.m.
Motion by Peterson, seconded by Condon, to go back into Open Session at 8:26 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 8:26 p.m.
OPEN SESSION REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION
Motion by Wimmer, seconded by Condon, to accept Staff's recommendation to the
following:
1. Authorize the purchase of the temporary construction and permanent utility easements
from McHenry Country Club in the amount not-to-exceed $140,000;
2. Authorize the Mayor's execution of the legal documents prepared by the City Attorney
in order to complete the transaction.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
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April 19,2010
ADJOURNMENT --�
Motion by Wimmer, seconded by Peterson, to adjourn the meeting at 8:28 p.m.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting was adjourned a :28 p.m.
Mayor City Clerk