HomeMy WebLinkAboutMinutes - 03/01/2010 - City Council REGULAR MEETING
MARCH 1, 2010
Mayor Low called the regularly scheduled March 1, 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, Chief of Police Brogan.
PUBLIC INPUT SESSION
In attendance were Chairman Sean Haley, Ramon Gregorio and Michael Roberts,
members of the City's Police Commission.
Chairman Haley addressed Council stating the Commissioners wished to publicly express
its observations regarding Chief of Police Brogan, Deputy Chief Jones and Deputy Chief
Pechous. He noted during the recently conducted Police Officer application process, the
Commission had been told by applicants that the City of McHenry was first on their desired
application list. Likewise the current officers, during the promotion list process, expressed their
job satisfaction, in particular their appreciation of the management style of the Chief, Deputy
Chiefs and Sergeants.
Chairman Haley noted the Commission is pleased and grateful to serve the City and to
be participatory in the City's governing process.
Mayor Low thanked the Commission and congratulated Chief Brogan and the McHenry
Police Department on the positive feedback from the Police Commission.
CONSENT AGENDA
Alderman Peterson requested Consent Agenda Item A, Request for temporary use
permit to host a jewelry/collectibles show at the Hampton Inn located at 1555 South Route 31
on Wednesday, March 3, 2010, be pulled for further discussion.
Motion by Peterson, seconded by Wimmer, to approve the Consent Agenda as
amended:
B.City Council Minutes:
February 15,2010 regularly scheduled meeting;
C. List of Bills:
ADAMS ENTERPRISES INC, R 475.04
ADAMS STEEL SERVICE INC 242.60
ADCON SIGNS 175.00
AG PLUMBING 795.00
AHLBORN EQUIPMENT INC 194.30
AMCON DESIGN & CONSTRUCT 500.00
ANDREWS, MAUREEN J 132.00
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March 1,2010
ARCO MECHANICAL EQUIPMEN 1,200.00
ASHLAND SPECIALTY CHEMIC 2,610.00 -�
AT&T 6,408.88
AT&T LONG DISTANCE 79.61
AUTO TECH CENTERS INC 314.59
BERGGREN, LEE 2,348.00
BROGAN, WILLIAM J 18.18
BURRIS EQUIPMENT COMPANY 103.98
BUSS FORD SALES 477.51
CDW GOVERNMENT INC 370.19
CENTEGRA WORKSITE WELLNE 2,730.00
CERTIFIED FLEET SERVICES 1,851.44
CHURCH OF HOLY APOSTLES 86.25
COLLEGE OF DUPAGE-ACCTS 285.00
CONSTELLATION NEWENERGY 40,763.63
CORNERSTONE MATERIAL REC 500.00
CRESCENT ELECTRIC SUPPLY 417.67
CURRAN CONTRACTING COMPA 645.00
CUTTING EDGE COMMUNICATI 366.23
DEBOLT, JUSTIN 8.00
DOCUMENT IMAGING DIMENSI 357.00
DONS CLEANERS 14.00
ED'S RENTAL & SALES INC 58.75
FAMILY TAILOR SHOP 24.00
FAST EDDIES CAR WASH 126.10
FBI NAA 170.00
FLESCH COMPANY INC, GORD 976.03
FUTURE LINK OF ILLINOIS 270.00
G IMPRESSIONS INC 313.20
GITZKE, WILLIAM J 334.95
GROWER EQUIPMENT & SUPPL 495.00
HALOGEN SUPPLY COMPANY 570.24
HAWKINS INC 1,947.08
HUFFMAN, DAWN 74.89
IHPA 45.00
ILLINOIS DEPARTMENT OF P 35.00
ILLINOIS DIRECTOR OF 5,492.00
JC LICHT/EPCO 34.72
JOHNSON, DEBBIE 78.00
JOSEPHSON INSTITUTE 216.89
JULIE INC 96.00
KALE UNIFORMS INC 1,073.89
KEN-CO SERVICES 776.72
KIMBALL MIDWEST 1,412.42
LETMANSKI, JEANETTE 46.00
LIBERTY FLAG & SPECIALTY 560.95
LUNSMANN, JOAN 53.48
MARTIN, DOUG 25.29
MCANDREWS PC, THE LAW OF 6,800.00
MCCANN INDUSTRIES INC 243.11
MCHENRY ANALYTICAL WATER 350.00
MCHENRY AREA CHAMBER OF 750.00
MCHENRY COUNTY RECORDER 1,127.00
MERTZ, GARY 14.76
MID AMERICAN WATER OF WA 98.76
MIDWEST HOSE AND FITTING 43.70
MIDWEST METER INC 316.31
MINUTEMAN PRESS OF MCH 3,962.57
MONROE TRUCK EQUIPMENT I 57.80
MOODY'S INVESTORS SERVIC 9,600.00
MORTON SALT 34,775.04
NATIONAL PUBLIC EMPLOYER 160.00
NEXTEL 1,766.49
NICOR GAS 6,076.15
NORTH SUBURBAN WATER 45.00
NORTHERN KEY & LOCK INC 460.00
PACE 7,765.14
PETROLIANCE LLC 9,583.12
POSTMASTER MCHENRY IL 185.00 i
PRATT, ALLYSHA 130.00
PROMISING PICASSOS INC 652.50
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March 1,2010
ROC CONSTRUCTION SUPPLY 40.68
ROCKFORD INDUSTRIAL 129.00
SAFARI LAND LLC 100.00
SEARS COMMERCIAL ONE 38.98
SEC AUTOMATION INC 630.00
SEC GROUP INC 90,680.10
SENTRY RESTORATION 5.00
SHERMAN MECHANICAL INC 4,188.58
ST PAULS EPISCOPAL CHURC 559.50
STAN'S FINANCIAL SERVICE 222.00
STANDARD INDUSTRIAL & AU 9,932.25
STAPLES BUSINESS ADVANTA 491.42
STAPLES CREDIT PLAN 44.97
STULL, RICH 85.58
THEODORE POLYGRAPH SERV 135.00
TRIEBOLD IMPLEMENT INC 143.97
USA BLUEBOOK 1,378.16
VACULA, JOHN T 4,800.00
VERIZON WIRELESS 45.06
WALMART COMMUNITY 184.39
WASTE MANAGEMENT OF WI P 8,158.55
WATER WELL SOLUTIONS 196.30
WHOLESALE DIRECT INC 80.75
WILLIAMS ELECTRIC SERVIC 938.00
WIRCH, STEVE 29.52
WITT, CINDY 78.54
WOOD, ROLAND 78.64
ZIMMERMAN, BOB 103.50
ZUKOWSKI ROGERS FLOOD & 4,117.50
GRAND TOTALS 292,374.09
FUND TOTALS
GENERAL FUND 75,852.70
MOTOR FUEL TAX FUND 34,775.04
DEBT SERVICE-1997A FUND 9,600.00
CAPITAL IMPROVEMENTS FUND 72,449.92
WATER/SEWER FUND 65,002.24
UTILITY IMPROVEMENTS FUND 28,056.10
EMPLOYEE INSURANCE FUND 2,730.00
INFORMATION TECHNOLOGY FUND 1,965.34
RETAINED PERSONNEL ESCROW 1,942.75
TOTALS 292,374.09
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
CONSENT AGENDA ITEM A: REQUEST FOR TEMPORARY USE PERMIT TO HOST
JEWELRY/COLLECTIBLES SHOW AT THE HAMPTON INN LOCATED AT 1555 SOUTH ROUTE 31
ON WEDNESDAY, MARCH 3, 2010
Alderman Peterson stated he is opposed to granting an outside agency/business
permission repeatedly to host a temporary use event in the City. He noted he has spoken with
local jewelers who are not in favor of Council approving such an event. Alderman Peterson
stated he would like to see this request denied.
Alderman Condon expressed her displeasure noting it was offensive that the event was
advertised in the weekend newspapers prior to Council consideration of the temporary use
permit. She acknowledged her support of the event in the past when temporary use permits
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March 1,2010
were sought but expressed concern that the company hosting the events is not playing by the --`
rules.
Alderman Santi concurred with Alderman Condon.
Alderman Glab stated he has never been comfortable with this event. He opined the
Hampton Inn should be advised as to what events are permissible and which ones would not be
allowed.
Alderman Schaefer stated his concern was that a lot more is involved with the event,
such as collectibles. It is not simply a jewelry buy-back event. He also expressed concerns
regarding sales tax issue and whether the City is receiving its share of sales tax from such
events. Alderman Schaefer stated he wouldn't have a problem if the applicant was following
the rules.
Alderman Blake concurred with everything previously expressed.
Alderman Wimmer stated he concurs with his fellow Aldermen. If this event impacts
local businesses he is not in favor of it.
Alderman Glab inquired when the applicant approached Staff seeking the temporary
use permit. Deputy City Administrator Martin responded the request was submitted too late to
be considered on the February 15, 2010 agenda. This evening's meeting is the first opportunity
for Council to consider the request.
City Administrator Maxeiner stated he is concerned with the frequency of the event.
Motion by Peterson, seconded by Wimmer, to approve the temporary use permit
request submitted by Crescent Jewelers to host a jewelry/collectibles buy-back event at the
Hampton Inn located at 1555 South Route 31 on Wednesday, March 3, 2010.
Voting Aye: None.
Voting Nay: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Absent: None.
Motion failed.
REVOLVING LOAN FUND APPLICATION — BUDDYZ CHICAGO PIZZERIA, 1138 NORTH GREEN
STREET
Finance Director Black stated The City received money from the Illinois Department of
Commerce and Community Affairs in the late 1980's, the purpose of which was to provide a
Revolving Loan Program for businesses established in the City. The program provides low
interest loans to qualified existing and prospective businesses in the City.
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March 1,2010
Director Black noted a request for a Revolving Loan was submitted by the owner of
BuddyZ Chicago Pizzeria in December 2009. The funds would be utilized to purchase equipment
and furniture for the restaurant which would open a new location in the McHenry Riverwalk
Center. The City's Revolving Loan Fund Committee met and approved the request and
recommended the award of a $75,000 loan to the business owner. The First National Bank of
McHenry has assisted Staff in underwriting and establishing the recommended terms of the
loan. It is Staff's recommendation to approve the $75,000 fully-amortized loan to be repaid in
five years at an annual interest rate of 3.25%, the current prime rate.
Director Black stated the First National Bank of McHenry will continue to provide loan
services for the program. These services include underwriting, disbursement, collection and
accounting for the program. A memorandum of understanding between the City and First
National Bank of McHenry detailing the bank's responsibilities and related fees has been
submitted for Council consideration.
Alderman Schaefer noted the City is not "giving" this money to the applicant. This is a
request for a loan. He noted this is actually State of Illinois money; the City is the custodian.
Alderman Blake concurred with Alderman Schaefer. He noted the article in the
Northwest Herald regarding this matter was unflattering.
Alderman Wimmer stated he was comfortable extending the loan to the business.
Alderman Santi expressed his concern that assurances have been given to Mr. Scarnato
(owner of BuddyZ) regarding the parking situation in the Green Street area.
City Administrator Maxeiner stated there have been numerous meetings with Mr.
Scarnato who has been provided assurances about the City's pursuit of seeking additional
parking for the area. He noted there are no guarantees.
Mr. Scarnato addressed Council stating adequate parking is always a concern. He stated
he believes BuddyZ will make the downtown a destination. It is about creating an atmosphere.
Mr. Scarnato stated he has no problem being concerned with adequate parking.
Alderman Glab inquired as to the amount available in the Revolving Loan Fund Account.
Director Black stated there is approximately $100,000 in the account. There are no current
loans on the fund.
Motion by Schaefer, seconded by Wimmer, to accept Staff's recommendation to
approve a Revolving Loan to BuddyZ Chicago Pizzeria, located at 1138 North Green Street, in
the amount of $75,000 for a five-year term with an annual interest rate of 3.25%, and to
approve and authorize the City's execution of a Memorandum of Understanding with the First
National Bank of McHenry for Revolving Loan Fund Account services as presented.
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March 1,2010
Voting Aye: Glab, Schaefer, Blake, Wimmer, Peterson, Condon. --`
Voting Nay: Santi.
Absent: None.
Motion carried.
ENGINEERING SERVICES AGREEMENT FOR KRESSWOOD TRAILS DRAINAGE REMEDIATION
PROJECT— LAND TECHNOLOGY
Deputy City Administrator Martin stated Staff has been working with Kresswood Trails
Subdivision homeowners association (HOA), Pacini Group and Howe Real Estate, the
subdivision management company, to coordinate private drainage system repairs and
improvements within the subdivision. Last fall the City called the developer's Letter of Credit. At
that time Pacini agreed to work with the City and the HOA to make improvements to the
private drainage system in the subdivision. Since that meeting Pacini's engineer has submitted
engineering plans to the City for review, and, upon approval, it is Pacini's intent to complete the
work in the spring of this year.
Deputy City Administrator Martin noted the HOA hired Land Technology as their
consulting engineer. Staff is proposing that the City hire Land Technology as consulting
engineering on this project to avoid having the HOA incur additional engineering consulting
fees. Payment for engineering services provided could either be paid for by the developer
(Pacini) or could be deducted from the called Letter of Credit.
Deputy City Administrator Martin stated an engineering services agreement has been
drafted between the City and Land Technology for the purpose of reviewing the drainage
improvement plans submitted by Pacini's engineer, as well as coordinating the construction
observation and inspection of the improvements as they are being completed. Staff
recommends approval of the agreement as presented.
City Attorney McArdle suggested authorization for approval be granted subject to
review and approval by the City Attorney.
Alderman Condon stated she has walked the area frequently. She noted the problem
with drainage issues in the area is an unfortunate ongoing situation. The City needs to protect
the residents and move the project forward.
Alderman Santi opined the proposed agreement is good for all concerned.
Alderman Glab stated there are no limits contained within the agreement. Deputy City
Administrator Martin responded the agreement is based upon time and materials.
Alderman Glab stated he could not approve any agreement that has no ceiling on costs.
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March 1,2010
City Attorney McArdle noted the costs would be paid by the developer or deducted
from the called Letter of Credit. He further noted if any exposure on the City's part is
discovered it would be brought back to Council for discussion and consideration.
City Administrator Maxeiner stated Land Technology has not acted upon anything at this
time as they are concerned about payment for services.
Alderman Condon stated Land Technology was originally hired by the HOA, so they are
familiar with the development.
Deputy City Administrator Martin noted future issues that developed would be settled
between the HOA and the developer.
Motion by Condon, seconded by Wimmer, to accept Staff's recommendation to approve
an engineering services agreement with Land Technology Inc. for consulting engineering
services including plan review, construction observation and inspection, and as-built plan
review for improvements to be made by Pacini Group for the Kresswood Trails Drainage
Remediation Project.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
PRESENTATION: PRELIMINARY FISCAL YEAR 2010/2011 BUDGET
Director Black distributed copies of the 2010-2011 Fiscal Year Proposed Budget. He
noted economic recovery from the recession will be fairly slow, approximately three to five
years. He summarized the General Fund highlights from the 2009-2010 Budget, noting a
reduction in eight positions and deferral of all capital equipment purchases. Director Black
noted anticipated revenues were down in virtually all areas. In an effort to avoid operating in
the red, expenditures were cut as well. Staff has prepared a preliminary draft budget for 2010-
2011 for Finance and Personnel Committee consideration. He noted Finance and Personnel
Committee meetings have been scheduled for Monday, March 8, 2010 at 7 p.m. and Monday,
March 22, 2010 at 7 p.m.
MAYOR STATEMENT AND REPORT
Mayor Low announced the Character Counts! Pillar for March is Trustworthiness.
COMMITTEE REPORTS
Chairman Alderman Wimmer reported a Public Works Committee meeting was held this
evening prior to the Council meeting and minutes will be forthcoming.
Chairman Alderman Schaefer reiterated the Finance and Personnel Committee will meet
�'�' on Monday, March 8, 2010 at 7 p.m.
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March 1,2010
STAFF REPORTS --�
Deputy City Administrator Martin reported the 2010 Census forms will be mailed out to
all residents this month.
City Administrator Maxeiner announced Council would be going into Executive Session
to discuss Potential Litigation and Personnel.
FUTURE AGENDA ITEMS
There were no Future Agenda Items discussed.
EXECUTIVE SESSION: POTENTIAL LITIGATION AND PERSONNEL
Motion by Condon, seconded by Glab, to go into Executive Session to discuss Potential
Litigation and Personnel at 8:30 p.m.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Council went into Executive Session at 8:34 p.m.
Motion by Wimmer, seconded by Blake, 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.
OPEN SESSION:ACTION REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION
There was no action taken in Open Session regarding matters discussed in Executive
Session.
ADJOURNMENT
Motion by Condon, seconded by Peterson, to adjourn the meeting at 9:02 p.m.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting was adjourne at 9:02 p.m.
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May6r City Clerk
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