HomeMy WebLinkAboutMinutes - 11/07/2011 - City Council REGULAR MEETING
NOVEMBER 7, 2011
Mayor Low called the regularly scheduled November 7, 2011 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, Chief of Police Jones, City Engineer Pieper.
Absent: Parks and Recreation Director Merkel.
PUBLIC INPUT SESSION
There was no one who signed in to speak during the Ten Minutes of Public Input.
CONSENT AGENDA
Alderman Peterson requested Consent Agenda Item A, Resolution establishing 2012 City
Council Meeting Schedule, be pulled from the Consent Agenda for further discussion.
Motion by Peterson, seconded by Condon,to approve the Consent Agenda as amended:
B. Annual Christmas Walk and Toys for Tots Parade on Sunday,November 20,2011;
C. Change Order#1, adding $145,011.38 to contract amount and approve final payout of $153,368.02 to Merryman
Excavation Inc for Sanitary Sewer System Improvements Part A;
L D. Change Orders#1 and#2 adding$24,016 to contract amount and final payout of$43,484.25 to Maxim Construction
for Sanitary Sewer System Improvements Parts B and C;
E. City Council minutes:
October 24,2011 regularly scheduled meeting
F. List of As-Needed Checks:
AMERICAN SOLUTIONS FOR B 100.00
BLUE CROSS BLUE SHIELD O 117,127.19
CENTEGRA 20,000.00
FOP UNITS I/II 2,021.00
GURNEE POLICE DEPT 50.00
HOME DEPOT CREDIT SERVIC 1,007.75
IUOE, LOCAL 150 2,389.76
MCHENRY AREA YOUTH COMM 1,000.00
MCHENRY COMMUNITY HIGH S 924.19
MCHENRY COUNTY CHIEFS OF 45.00
NATIONAL GUARDIAN LIFE I 42.33
NCPERS GROUP LIFE INS. 240.00
PETTY CASH FUND 191.70
POSTMASTER MCHENRY IL 1,278.94
PRE-PAID LEGAL SERVICES 116.55
SECRETARY OF STATE 10.00
SIX FLAGS GREAT AMERICA 4,867.38
UNITED PARCEL SERVICE 176.13
UNUM 1,569.81
GRAND TOTALS 153,157.73
FUND TOTALS
GENERAL FUND 14,453.55
PAGEANT FUND 924.19
MCHENRY AREA CHARACTER COUNTS 110.00
CAPITAL IMPROVEMENTS FUND 20,000.00
WATER/SEWER FUND 542.80
EMPLOYEE INSURANCE FUND 117,127.19
` TOTALS 153,157.73
Regular Meeting
Page 2
November 7,2011
G. List of Bills:
AALTO, BRIAN 70.35
ADAMS STEEL SERVICE INC 75.37
ADVANTAGE MECHANICAL INC 805.50
AMELIO, ROBERT 611.00
AMERICAST CONCRETE PRODU 204.40
AMERIGLASS & MIRROR 55.00
ARCMATE MANUFACTURING CO 299.14
AT&T 3,348.32
AUTO TECH CENTERS INC 419.75
B&W CONTROL SYSTEMS INTE 623.13
BALDUS COMPANY, THE 32,010.00
BAXTER & WOODMAN 612.35
BENTZ, DONALD J 102.00
BERMUDEZ, CECILIA 324.00
BEUCKMAN, JESSICA 162.50
BLACKSTONE LANDSCAPE INC 8,449.00
BOXX THIS INC 60.28
BRENNAN, DAN 770.00
BROWN, PAUL 230.00
BURRIS EQUIPMENT COMPANY 205.34
BUSS FORD SALES 379.49
CABAY & COMPANY INC 12.23
CAPITAL GAINS INCORPORAT 4,754.00
CDW GOVERNMENT INC 344.21
CERTIFIED SERVICES INC 134.18
CHICAGO INTERNATIONAL TR 26,313.00
CLESEN, NICHOLAS 93.97
COMED 25,834.77
CONAWAY, TINA 67.82
CONSTELLATION NEWENERGY 45,604.88
CRESCENT ELECTRIC SUPPLY 164.25
CURRAN CONTRACTING COMPA 8,488.11
DELISI, PHIL 300.00
DOCUMENT IMAGING DIMENSI 1,018.00
DREISILKER ELECTRIC MOTO 150.76
DUCAK, JASON 15.76
DURA BILT FENCE II INC 1,410.00
EAST JORDAN IRON WORKS 280.00
ENVIRONMENTAL RESOURCE A 608.15
FISCHER BROS FRESH 513.75
FOWLER, JEFF R 115.00
FOXCROFT MEADOWS INC 411.90
GARDEN QUARTER NEIGHBORH 1,000.00
GREAT LAKES FIRE & SAFET 50.70
GURRIE, LETITIA 64.90
HARM'S FARM 322.00
HARMENING, CHRISTOPHER M 92.00
HAWKINS INC 1,862.42
HIPOINT EMBROIDERY INC 278.44
HOJNACKI, DALE 80.18
HOLTZ, SHANNON 15.00
HOME DEPOT CREDIT SERVIC 2,330.68
HUFFMAN, DAWN 48.96
ILLINOIS DIRECTOR OF 1,148.00
ILLINOIS FBI NA 75.00
INTERSTATE BATTERY SYSTE 119.94
ITOA 265.00
J G UNIFORMS INC 1,278.41
KFD TRAINING & CONSULTAT 590.00
KIMBALL MIDWEST 793.78
KLASEK, ROBERT J 23.21
KOMLINE-SANDERSON ENGINE 970.62
KUS, TOM 229.50
LANG PONTIAC-CADILLAC-SU 225.15
LANGOS CORP 5,800.00
LEE AUTO MCHENRY 51.35
LINCOLN EQUIPMENT INC 4,899.50
LISAFELD, JEFF 5.00
Regular Meeting
Page 3
November 7,2011
MAZZUCA, JOE 138.00
MCCAFFERTY, BRITTANY 940.00
MCCANN INDUSTRIES INC 2,018.01
MCHENRY ANALYTICAL WATER 2,685.00
MCHENRY AREA YOUTH COMM 6,858.96
MCHENRY COUNTY CHIEFS OF 45.00
MCHENRY COUNTY COLLEGE 99.00
MCHENRY FIRESTONE 136.52
MCMASTER-CARR SUPPLY CO 149.68
MEADE ELECTRIC COMPANY I 405.20
MEYER JR, DONALD 60.00
MEYER MATERIAL COMPANY 89.04
MG MECHANICAL SERVICE 510.00
MID AMERICAN WATER OF WA 64.00
MORITZ, SHERRIE 16.52
MULCH CENTER, THE 6,500.00
NICOLET SCENIC TOURS 2,718.00
NICOR GAS 747.08
NORTH SUBURBAN WATER 55.00
NORTHEAST WISCONSIN TECH 175.00
NORTHWEST ELECTRICAL SUP 86.64
PETROLIANCE LLC 15,162.33
PETTIBONE & CO, P F 258.97
PRECISION SERVICE & PART 174.96
PRIME TACK & SEAL CO 1,169.05
PUCHALSKI, RICHARD J 1,450.00
RASKE, KELLY 116.00
RELIABLE MAINTENANCE INC 657.54
ROAD RAGE INC 70.00
ROTARY CLUB OF MCHENRY 485.00
SCIAME, RYAN 31.76
SECRETARY OF STATE / POL 194.00
ST PAULS EPISCOPAL CHURC 159.00
STANS OFFICE TECHNOLOGIE 596.48
STAPLES ADVANTAGE 921.17
STAPLES CREDIT PLAN 640.18
STATE FIRE MARSHAL 75.00
STULL, RICH 60.00
SYNEK, JENNIFER 32.99
TASER INTERNATIONAL 958.87
THELEN MATERIALS LLC 182.78
TRAFFIC CONTROL & PROTEC 71.78
USA BLUEBOOK 192.35
VAN GALDER BUS COMPANY 300.00
VARVIL, MARYBETH 49.98
WALMART COMMUNITY 130.08
WASTE MANAGEMENT OF WI P 5,681.79
WHOLESALE DIRECT INC 227.94
WILSON NURSERIES INC 339.00
WIRCH, STEVE 680.24
ZAHN, DAN 432.00
ZASADA, MICHAEL 23.00
GRAND TOTALS 245,092.29
FUND TOTALS
GENERAL FUND 123,030.49
DEVELOPER DONATION FUND 10,699.50
CAPITAL IMPROVEMENTS FUND 32,010.00
WATER/SEWER FUND 71,712.57
INFORMATION TECHNOLOGY FUND 1,435.73
POLICE PENSION FUND 6,204.00
TOTALS 245,092.29
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Regular Meeting
Page 4
November 7,2011
CONSENT AGENDA ITEM #A: RESOLUTION ESTABLISHING 2012 CITY COUNCIL MEETING
SCHEDULE
Alderman Peterson noted last year Council reduced the number of scheduled meetings.
He inquired if it was really necessary to continue to have three meetings in May and June. City
Administrator Black responded this is a busy time of the year. Staff believes that three meetings
per month during this time would be appropriate. Alderman Peterson stated his preference for
two meetings in May and June.
Alderman Wimmer concurred with Alderman Peterson.
Alderman Condon stated she would support dropping one more meeting from the
schedule.
Alderman Glab inquired if amendment of the Municipal Code was required prior to
changing the number of meetings scheduled each year. Attorney McArdle responded it was his
understanding Council has the right to establish the annual meeting schedule by resolution
without amending the Municipal Code. He stated he would look into the matter for Alderman
Glab.
Alderman Schaefer stated he is comfortable with the Council meeting schedule as
presented.
Motion by Glab, seconded by Schaefer, to accept Staff's recommendation to pass a
resolution establishing the 2012 City Council meeting schedule as presented:
JANUARY-7:30 P.M. FEBRUARY-7:30 P.M. MARCH-7:30 P.M.
4 Wednesday 6 Monday 5 Monday
16 Monday 20 Monday 19 Monday
30 Monday
APRIL-7:30 P.M. MAY-7:30 P.M. JUNE-7:30 P.M.
2 Monday 7 Monday 4 Monday
16 Monday 14 Monday 11 Monday
23 Monday Annual Meeting 21 Monday 18 Monday
JULY-7:30 P.M. AUGUST-7:30 P.M. SEPTEMBER-7:30 P.M.
2 Monday 6 Monday 10 Monday
16 Monday 13 Monday 24 Monday
23 Monday 27 Monday
OCTOBER-7:30 P.M. NOVEMBER-7:30 P.M. DECEMBER-7:30 P.M.
1 Monday 5 Monday 3 Monday
15 Monday 19 Monday 17 Monday
29 Monday
''1
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November 7,2011
Voting Aye: Santi, Glab, Schaefer, Condon.
Voting Nay: Blake, Wimmer, Peterson.
Absent: None.
Motion carried.
Alderman Condon suggested Staff evaluate the schedule and determine when it might
be prudent to eliminate a meeting.
Alderman Peterson stated he would like to eliminate a meeting in October as well as
May and June.
REQUEST FROM MCHENRY ROTARY CLUB FOR SPECIAL USE PERMIT, SPECIAL EVENT LIQUOR
LICENSE, CITY SUPPORT SERVICES, AND TEMPORARY ADVERTISING SIGNS FOR BLUES, BREWS
AND BBQ'S FESTIVAL IN PETERSEN PARK ON AUGUST 3.4,5, 2012
Assistant Administrator Hobson stated the McHenry Rotary Club has requested a
temporary use permit to allow a new event, Blues, Brews and BBQ's Festival on August 3-5,
2012. The event would be held in Petersen Park and include a request for a special event liquor
license, City support services and posting of temporary advertising signs in advance of the
event.
Assistant Administrator Hobson noted the Rotary Club has agreed to pay for City police
services at an overtime rate of $50/hour. The Rotary Club has also agreed to pay a park rental
fee of $500 to cover the cost of park setup and patrol of washroom facilities by a parks
employee. Staff has reviewed the request and supports the event as presented.
Mayor Low noted Chamber CEO Kay Bates is a member of the Rotary Club and is aware
of the plans. Measures are being taken to ensure there would be no conflict with previously
scheduled Fiesta Days events which would take place in July.
Alderman Condon noted it sounds like a great event.
Alderman Santi concurred it is a unique idea and applauded the Rotary Club for stepping
out to create a new event in the community.
Alderman Blake concurred it is a great idea.
Alderman Wimmer stated he would like to see the fee for park rental waived,
particularly as the event is being sponsored by a local service group. Assistant Administrator
Hobson noted the City has been trying to move away from waiving fees and recovering costs
associated with providing use of parks and support services.
Alderman Glab stated he does not support waiving the fees. He opined the City would
contribute more than $500 towards providing services for the event.
Regular Meeting
Page 6
November 7,2011
Alderman Condon noted Alderman Wimmer brings up a good point. The Rotary Club ,..�
contributes to the community. However, the City needs to make sure expenses associated with
the event are covered. She suggested approving the matter this evening and looking into
covering only direct expenses at a later date.
Motion by Condon, seconded by Santi,to accept Staffs recommendation to approve the
request submitted by the McHenry Rotary Club to host Blues, Brews & BBQ's Festival on August
3-5, 2012, as follows:
1. Use of Petersen Park for the event from 4:30 p.m. until 11 p.m. on Friday; 11:30 a.m.
until 11 p.m. on Saturday; 11:30 a.m. until 8 p.m. on Sunday;
2. Special event liquor license to sell beer, wine and malt beverages;
3. Temporary advertising signs posted in municipal rights-of-way from July 20th through
August 6th;
4. City Police services to be reimbursed at a rate of$50/hour per officer;
5. Associated City support services.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
ORDINANCE PROVIDING FOR AMENDMENT OF MUNICIPAL CODE CHAPTER 12 RELATING TO
PAWNBROKERS AND SECONDHAND DEALERS
Chief of Police Jones stated the Police Department subscribes to a service called Leads
Online that assists law enforcement agencies nationwide with solving a variety of crimes. Leads
Online maintains a searchable electronic database which assists in identifying the sale or
pawning of stolen property.
Chief Jones noted state law requires businesses that deal in purchase of property and/or
pawning of property to maintain records that are accessible to local law enforcement. Staff is
proposing an amendment to the Municipal Code which would require businesses dealing in
secondhand merchandise to take a photograph of the item along with a picture of the seller's
state identification and download it onto the Leads Online program, which would be searchable
solely by law enforcement personnel. Chief Jones stated there would be no costs incurred by
local businesses to register the secondhand merchandise online. Chief Jones noted the
Department pays $3,500 per year for access to Leads Online.
Motion by Schaefer, seconded by Blake, to accept Staff's recommendation to pass an
ordinance providing for the amendment to the Municipal Code Chapter 12 relating to
pawnbrokers and secondhand dealers as presented.
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November 7,2011
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR SIGN VARIANCE—JO-ANN FABRICS STORE, 3310 SHOPPERS DRIVE
Director of Construction and Neighborhood Services Schwalenberg stated a request was
submitted by Jo-Ann Fabrics and Crafts for a sign variance at their new facility to be located at
3310 Shoppers Drive. The request is for four additional wall signs, namely, "Classes", "Floral",
"Decor", and "Seasonal". The installation of the four signs would not exceed the total wall sign
area allowed by ordinance. It is Staff's recommendation to approve the sign variance as
requested.
Motion by Schaefer, seconded by Santi, to accept Staffs recommendation to approve a
sign variance as requested by Jo-Ann Fabrics and Crafts to allow four additional wall signs at its
facility to be located at 3310 Shoppers Drive, as presented.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR SIGN VARIANCE—HOBBY LOBBY, 2000 NORTH RICHMOND ROAD
Director Schwalenberg stated a request was submitted by Hobby Lobby for a sign
variance for their new facility to be located at 2000 North Richmond Road. The request is for
four additional wall signs to be displayed on the building: "Crafts", "Frames", "Seasonal", and
"Floral". The four additional wall signs would be permissible as far as signage area on the
building is concerned. It is therefore Staff's recommendation to approve the request for sign
variance as presented.
Motion by Santi, seconded by Schaefer, to accept Staffs recommendation to approve a
sign variance to allow four additional wall signs as requested by Hobby Lobby for its facility to
be located at 2000 North Richmond Road, as presented.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Regular Meeting
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November 7,2011
ORDINANCE PROVIDING FOR THE SUBMISSION OF A REFERENDUM QUESTION ON THE
MARCH 20, 2012 GENERAL PRIMARY ELECTION BALLOT REGARDING ELECTRIC POWER
AGGREGATION FOR RESIDENTIAL AND SMALL COMMERCIAL RETAIL USERS
Deputy Administrator Martin stated Staff has thoroughly researched the possibility of
participation in a power aggregation process which would be available for use by City residents
and small business customers. Many other municipalities in the State have likewise investigated
this issue and have determined that power aggregation is advantageous in that it provides
residents and small business owners an avenue to reduce power costs over a long period of
time.
Deputy Administrator Martin stated Staff is currently is working in conjunction with
McHenry County Council of Governments and other communities to coordinate a joint
aggregate purchase of electricity for residential and small commercial retail customers. Staff
has prepared an ordinance which if approved would direct Staff to submit a referendum
question for inclusion on the March 20, 2012 General Primary Election ballot regarding electric
power aggregation. He noted a summary of the process to achieve electric power aggregation is
as follows:
1. A consultant will be employed to assist with educating residents regarding the March 20, 2012
referendum question and guiding municipalities through the process changing energy providers;
2. If the referendum question is approved, an ordinance to proceed with the electric aggregation process
will be considered by the City Council;
3. In May 2012, the City Council would approve a plan of operation, which would be developed by a
committee and reviewed during two required public hearings; -�
4. A bid process would be used to select and agree to contract terms with a new energy provider(July 2012);
5. Notices providing an opportunity to opt-out of the program would be sent to residential and small
commercial business users(August 2012);
6. The transition to a new electric supplier would occur in October 2012.
Alderman Blake stated he had questions regarding this matter which were answered by
Deputy Administrator Martin earlier in the day. Alderman Blake also stated it is good to put the
issue in the hands of the voters.
Alderman Peterson asked what kind of education process would occur. Deputy
Administrator Martin responded one of the education methods would be through information
provided in the City Newsletters. A consultant would provide educational materials to be used
to respond to questions regarding this matter.
Alderman Condon stated she was a bit concerned about the referendum question
process. She noted she is glad there is no cost to residents. She stated it appears it could be
beneficial to everyone if the referendum questions passes and electric power aggregation is
implemented.
Alderman Santi thought that it was important to include information regarding the
upcoming referendum question in the upcoming City newsletters.
Regular Meeting
Page 9
November 7,2011
Alderman Schaefer, citing a previous referendum question, stated it is important to
educate the residents.
Motion by Blake, seconded by Wimmer, to accept Staffs recommendation to pass an
ordinance providing for placement of a referendum question on the March 20, 2012 General
Primary Election Ballot regarding the electric power aggregation for City residents and small
commercial business customers.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
SECOND AMENDMENT TO OPTION AND STRUCTURE LEASE AGREEMENT BETWEEN THE CITY
OF MCHENRY AND NEW CINGULAR WIRELESS LLC
Deputy Administrator Martin stated in August 2008 the City of McHenry entered into an
Option and Structure Lease Agreement with New Cingular Wireless ( A T&T) for the use of 200
square feet of ground on the site of the Sioux Lane water tower. In May 2009 the Agreement
was amended to include the requirement of a $25,000 removal and restoration bond. At this
time a second amendment is being proposed which would increase the square footage from
200 square feet to 2263 square feet, raising the monthly rent to $2,370. This amendment also
includes a provision for possible future expansion of 59 square feet which would result in total
monthly rent of $2,900.50. Staff has prepared an ordinance authorizing the proposed
amendments to the initial agreement. Staff would recommend approval of the attached
ordinance provided the Agreement is executed within 90 days of Council approval.
Motion by Wimmer, seconded by Santi, to accept Staffs recommendation to pass an
ordinance authorizing the second amendment to the Option and Structure Lease Agreement
between the City of McHenry and New Cingular Wireless providing for additional rental area
and association monthly rental costs as presented, subject to the Agreement being executed
within 90 days of Council approval.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR STATEMENT AND REPORT
Mayor Low stated the next Council meeting is scheduled for November 21, 2011.
Mayor Low reported the annual Christmas Walk and Jaycees Toys for Tots Parade are
scheduled for Sunday, November 20, 2011.
Regular Meeting
Page 10
November 7,2011
COMMITTEE REPORTS .�
Chairman Alderman Condon stated a Community Development Committee meeting is
scheduled for Tuesday, November 8, 2011. The Committee is in the process of establishing its
goals and objectives for 2012.
Chairman Alderman Peterson reported the Parks and Recreation Committee meeting
previously scheduled for November 9, 2011 has been postponed to a date to be determined.
STAFF REPORTS
There were no Staff Reports.
FUTURE AGENDA ITEMS
Alderman Wimmer inquired if there had been any issues regarding the generators at the
Shamrock Farms Park. Assistant Administrator Hobson responded there have been none.
Alderman Blake noted he has driven by with his windows open and has not heard any
noise created by the generators.
Alderman Glab inquired if there have been any complaints regarding glare from the
spotlights at the Shamrock Farms Park. Director Schwalenberg responded the lights are in
compliance with City ordinance. Readings from the spotlight beams have been taken and they
do not exceed ordinance allowable maximums.
ADJOURNMENT
Motion by Peterson, seconded by Wimmer, to adjourn the meeting at 8:34 p.m.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting was adjourned at 8:34 p.m.
Mayor City Clerk