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Home My WebLink AboutMinutes - 09/26/2011 - City Council REGULAR MEETING `., SEPTEMBER 26, 2011 Mayor Low called the regularly scheduled September 26, 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, Water Superintendent Palmer, Parks and Recreation Director Merkel, Chief of Police Jones. PUBLIC INPUT SESSION Rose Lillegard, owner of Some Other Nuts on Green Street in McHenry, addressed Council regarding the canopy over her store. She noted her insurance company will pay for the fascia repair, however, they have determined the canopy is not part of the fascia, and consequently, they would not assist in canopy repair or removal. Ms. Lillegard stated she refuses to spend her money for canopy repair or removal as she believes it to be located on City property. She stated she is willing to work with the City, but believes it is the City's responsibility to remove the canopy. Ms. Lillegard noted she has sought bids from McHenry businesses for canopy removal, and requested City consideration of her plight. Mayor Low stated the City is aware of the situation regarding her canopy. She noted no '�. action can be taken on a matter raised during Public Input. City Administrator Black assured Ms. Lillegard that he would call her on September 27, 2011 regarding this matter. CONSENT AGENDA Motion by Wimmer, seconded by Blake, to approve the Consent Agenda as presented: A. Request from Landmark PTO for special use of City streets for its annual hayride event; B. Request for authorization to seeks bids for the installation of holiday lighting in Veterans Memorial Park; C. Ordinance amending Municipal Code Chapter 4,reducing the number of Class G1 liquor licenses from seven to six; D. Resolution allocating MFT Funds for Pearl Street Bridge Repairs; E. Ordinance authorizing the sale of surplus Public Works Sewer Division property by online auction; F. Request for special use/picnic permits; G. City Council Minutes: September 12,2011 regularly scheduled meeting; H. List of Bills: ACE HARDWARE, BJORKMAN'S 1,996.61 ACE TOWING & RECOVERY 125.00 ADAMS ENTERPRISES INC, R 1,038.64 ADVANCED AUTOMATION AND 1,595.00 AKERS, DIANNA 120.00 ANDERSON, BRIAN 720.00 ANDERSON, CHRIS 150.00 AT&T 4,155.04 AUTO TECH CENTERS INC 493.85 BARCLAY, TIM 730.00 BAXTER & WOODMAN 1,289.71 Regular Meeting Page 2 September 26,2011 BELL, ADAM C 650.00 BERMUDEZ, CECILIA 216.00 BERRY, CINDY 119.00 BLAKE, MICHELLE 33.00 BNL MCHENRY INC 210.00 BURES, MARK 60.00 BUSS FORD SALES 355.50 CARBY, VAL 120.00 CAREY ELECTRIC 1,425.00 CARQUEST AUTO PARTS STOR 556.30 CDW GOVERNMENT INC 3,632.39 CENTEGRA OCCUPATIONAL HE 317.52 CERTIFIED SERVICES INC 7.50 CINTAS CORPORATION #355 1,535.55 COLDWELL BANKER PRIMUS 30.00 COMCAST CABLE 75.79 COMED 130.76 CONSERV FS 156.00 CONSTELLATION NEWENERGY 18,400.21 COUGHLIN, KEVIN 33.00 CRESCENT ELECTRIC SUPPLY 205.48 CRYSTAL CLEAR MUSIC PROD 2,110.00 CUMMINGS, JOHN G 740.00 CURRAN CONTRACTING COMPA 1,337.73 CUSTOM LANDSCAPING 160.00 CUTTING EDGE COMMUNICATI 92.50 D'ANGELO NATURAL SPRING 38.75 DAVIS, MARGE 120.00 DOCUMENT IMAGING DIMENSI 178.00 ED'S AUTOMOTIVE/JIM'S MU 23.00 EDER CASELLA & CO 13,650.00 ENERGY DEVELOPMENT FIELD 62.50 ENVIRONMENTAL RESOURCE A 157.05 FAST EDDIES CAR WASH 110.65 FISCHER BROS FRESH 1,130.75 FLESCH COMPANY INC, GORD 186.82 FOX VALLEY FIRE & SAFETY 132,085.00 FOXCROFT MEADOWS INC 900.55 FREUND, MICHAEL R 590.00 FREUND, ROBERT L 600.00 GLICK, DEBORAH A 38.75 GUYNES, TERRY 150.00 HACH COMPANY 96.15 HAWKINS INC 2,287.64 HD SUPPLY WATERWORKS 601.00 HOLTZ, TED 620.00 HP SHOOTING CENTER INC 60.00 HRGREEN 10,934.05 HYDRA-STOP INC 9,411.62 IZDEPSKI, PEGGI 120.00 KALE UNIFORMS INC 211.85 KIMBALL MIDWEST 446.15 KNAUF, MICHAEL J 60.00 KOTIW, DAVID 42.00 KUBIK, ROBERT 1,081.75 LECHNER, ANDY 60.00 MAIL BOX MAGAZINE, THE 29.95 MATUSZEWICH, JOYCE 62.08 MAXIM CONSTRUCTION CORP 328,074.41 MCCANN INDUSTRIES INC 72.40 MCH CTY MUNICIPAL RISK M 419,029.00 MCHENRY ANALYTICAL WATER 788.00 MCHENRY COUNTY RECORDER 600.00 MCHENRY FIRESTONE 615.97 MCMASTER-CARR SUPPLY CO 132.15 MCNEELY, TOM 740.00 MEYER MATERIAL COMPANY 69.09 MIDWEST HOSE AND FITTING 296.91 MIDWEST METER INC 1,250.00 MINUTEMAN PRESS OF MCH 2,067.54 Regular Meeting Page 3 September 26,2011 MORRIS, MATT 60.00 MYERS, LAURA 117.00 NAPA AUTO PARTS MPEC 1,435.12 NEUMANN JR, EDWARD J 500.00 NICOR GAS 436.57 NIELSEN, RICHARD 70.00 NORTHWEST SUBURBAN LACRO 900.00 OSIECKI, IRENE 120.00 OTTOSEN BRITZ KELLY COOP 536.50 PAREJKO, TERRY 60.00 PEIFFER, DUANE 140.00 PEPSI BEVERAGE COMPANY 91.50 PETERS & ASSOCIATES INC 2,400.00 PETROLIANCE LLC 9,521.79 PETTIBONE & CO, P F 195.99 PITEL SEPTIC INC 525.00 PITNER, KEITH 670.00 PITNEY BOWES INC 255.00 POE, DAVE 600.00 POLYACK, MICHAEL 70.00 POOL SPECIALISTS, THE 129.00 POTTS, MIKE 670.00 PRECISION SERVICE & PART 292.85 PROFESSIONAL INSPECTION 1,820.00 PUCHALSKI, RICHARD J 4,161.46 RANIERI, AMANDA 42.00 REINDERS INC 199.45 RELIABLE SAND & GRAVEL 330.89 RESERVE ACCOUNT 1,254.12 RIGG, NATHAN 740.00 RIVERSIDE BAKE SHOP 42.61 ROC CONSTRUCTION SUPPLY 71.68 SCHLINDER, ANDY 120.00 SCHWEDA, SHERRY 120.00 SHERWIN INDUSTRIES INC 2,657.92 SMARZEWSKI, JOHN 740.00 STAN'S FINANCIAL SERVICE 222.00 STANS OFFICE TECHNOLOGIE 179.00 STAPLES ADVANTAGE 940.54 STRANG, PATRICIA 69.00 THELEN MATERIALS LLC 66.38 THEODORE POLYGRAPH SERV 135.00 TIPPS, BRIAN 730.00 TIPPS, GREGORY P 720.00 TOALSON, BILL 490.00 TOWNE, MARK R 90.00 TRIEFENBACH, GORDON W 740.00 ULINE 190.34 ULTRA STROBE COMMUNICAIT 161.85 USA BLUEBOOK 34.37 VERIZON WIRELESS 1,824.00 WASTE MANAGEMENT OF WI P 12,468.14 WELNINSKI, TAMMY 59.00 ZABIELSKI, JOHN 60.00 ZAHN, DAN 486.00 ZUKOWSKI ROGERS FLOOD & 12,143.50 GRAND TOTALS 1,038,910.18 FUND TOTALS GENERAL FUND 50,861.82 PAGEANT FUND 13.20 BAND FUND 14,420.00 ALARM BOARD FUND 132,085.00 AUDIT EXPENSE FUND 13,650.00 TIF FUND 900.00 CAPITAL IMPROVEMENTS FUND 10,747.05 CAPITAL EQUIPMENT FUND 161.85 WATER/SEWER FUND 53,320.84 UTILITY IMPROVEMENTS FUND 329,669.41 Regular Meeting Page 4 September 26,2011 RISK MANAGEMENT FUND 419,045.69 .-N INFORMATION TECHNOLOGY FUND 6,597.90 RETAINED PERSONNEL ESCROW 3,275.96 POLICE PENSION FUND 4,161.46 TOTALS 1,038,910.18 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ORDINANCE AUTHORIZING A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE OF VEHICLES—BEST WAY TOWING, 1319 NORTH DRIVE Deputy Administrator Martin stated a request was submitted by Best Way Towing for a conditional use permit to allow outdoor storage of vehicles associated with the operation of their towing business located at 1319 North Drive. The matter was presented before the Planning and Zoning Commission at a public hearing held on September 8, 2011. The Commission recommended approval of the request subject to the following conditions being met: 1. The property shall be cleared of any miscellaneous debris; 2. There shall be no outside storage of anything other than vehicles which are directly tied to the business on the property; 3. The outdoor storage area shall remain inaccessible to the general public and be maintained so that grass/weeds are not growing and vehicles shall be stored in an orderly manner; 4. All inoperable vehicles, as well as vehicles which may potentially leak automobile fluids, shall be stored only inside of the building; S. The chain link fence enclosing the outside storage area shall include horizontal slats for screening. Alderman Peterson inquired if there were comments from the neighbors regarding the request. Deputy Administrator Martin responded there was only one comment and the issue was resolved. Alderman Schaefer requested clarification regarding condition #4. Deputy Administrator Martin stated that all inoperable vehicles would have to be stored inside of the building. Vehicles which have been impounded or towed due to police citation, as long as they were operable, would be permitted to be stored outside in the designated storage area. Also responding and providing further clarification, Attorney McArdle noted all "broken-down" vehicles should be stored in the building, as per condition #4. Motion by Wimmer, seconded by Santi, to accept the recommendation of the Planning and Zoning Commission to pass an ordinance granting a conditional use permit to Best Way Towing for its operation at 1319 North Drive, to allow outside storage on the premises, subject to the following conditions being met: 1. The property shall be cleared of any miscellaneous debris; Regular Meeting Page 5 September 26,2011 2. There shall be no outside storage of anything other than vehicles which are directly tied �- to the business on the property; 3. The outdoor storage area shall remain inaccessible to the general public and be maintained so that grass/weeds are not growing and vehicles shall be stored in an orderly manner; 4. All inoperable vehicles, as well as vehicles which may potentially leak automobile fluids, shall be stored only inside of the building; 5. The chain link fence enclosing the outside storage area shall include horizontal slats for screening. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR SIGN VARIANCE — PARK VIEW PLAZA, SOUTHEAST CORNER OF BANK DRIVE AND ROUTE 31 Deputy Administrator Martin stated a request was received from attorney Mike Firsel representing the owner of Park View Plaza Shopping Center located at the southeast corner of Bank Drive and Illinois Route 31. Park View Plaza is seeking a one-foot setback variance for an existing freestanding sign adjacent to Illinois Route 31. The variance will be required as a result of Illinois Department of Transportation (IDOT) intersection improvements scheduled to begin `-' next year. As a result of the improvements the existing sign would be located 6.03 feet from the Route 31 property line. The sign ordinance required a 7-foot setback. The setback variance is therefore required. Staff supports the request as presented. Alderman Condon noted the variance request certainly has merit. Motion by Condon, seconded by Santi, to accept Staffs recommendation to grant a sign variance to Park View Plaza Shopping Center allowing a setback of 6.03 feet from the Illinois Route 31 property line as presented. Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. ORDINANCE REPEALING ORDINANCE NO ORD-11-1539 AND AUTHORIZING THE EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT—MCHENRY COMMONS SHOPPING CENTER In attendance was Matt Hende of Regency Centers and Attorney Harold Francke. City Administrator Black stated on June 6, 2011 the City Council approved an economic incentive agreement with Regency Centers to provide for a sales tax rebate to the shopping Regular Meeting Page 6 September 26,2011 center owner. The rebate would partially offset the capital investment made to fill the remaining square footage in the former Dominick's building with a Hobby Lobby store. The terms of the agreement allowed the shopping center owner to receive a maximum rebate of$1 million over a 20-year term. City Administrator Black noted the shopping center owners continued to negotiate a lease with Hobby Lobby and the terms of the original incentive agreement have now been modified to more accurately reflect the terms of the lease. The reimbursement request has been reduced from $1 million to $677,499.49 which represents 71.2% of the total expenses to renovate the center for Hobby Lobby. The City would reimburse the shopping center over a 20- yearterm. City Administrator Black stated it is Staff's recommendation to pass an ordinance repealing Ordinance No ORD-11-1539, which authorized the initial economic incentive agreement, and to authorize the Mayor and City Clerk's execution of the Economic Incentive Agreement with Regency Centers for its McHenry Commons Shopping Center as presented this evening. Alderman Condon inquired as to the reason for the $322,000 difference between the two agreements. Mr. Hende responded the revised agreement includes only the amount directly attributable to the improvements relating to Hobby Lobby's space. The previous agreement included improvements for the entire center. Alderman Glab inquired as to the status of the original agreement. Attorney McArdle responded if Council passes an ordinance authorizing the current agreement, the original ordinance ORD-11-1539 and its associated agreement would be nullified. Alderman Blake wished the shopping center well and noted he is happy to see the amount of reimbursement has been reduced. Alderman Glab inquired as to the pro rata share, in other words, the percentage of the work which was done prior to June 6th. Mr. Frank noted he appreciated the consideration that has been extended Regency Centers by the City. He acknowledged the terms of the present agreement are much better for everyone, including the City. Alderman Condon noted that last time she was concerned that the reimbursement numbers were too high. She acknowledged she is more comfortable with the figures contained in the agreement at this time. She is happy with the work that has been done and sees the shopping center improvements and the associated rebates as a benefit to the community. Motion by Wimmer, seconded by Condon, to accept Staffs recommendation to pass an ordinance repealing Ordinance No. ORD-11-1539 and authorizing the Mayor and City Clerk's Regular Meeting Page 7 September 26,2011 execution of an Economic Incentive Agreement with McHenry Commons Shopping Center as `- presented. Voting Aye: Santi, Schaefer, Wimmer, Peterson, Condon. Voting Nay: Glab, Blake. Absent: None. Motion carried. REQUEST TO WAIVE BIDDING PROCESS AND ACCEPT PROPOSAL FROM WATER WELL SOLUTIONS FOR REHABILITATION OF WELL#9—IN AN AMOUNT NOT-TO-EXCEED S44 226 Water Superintendent Palmer stated Well #9 was put into service in 1992 with a pumping capacity of 860 gallons per minute (GPM). In early 2007 the pump was rebuilt and the motor was replaced. Currently, Well #9 is producing only 750 GPM. Staff sought a proposal from Water Well Solutions to perform a high rate injection process and install a water level pressure transducer for Well #9. Water Well Solutions is the sole provider of this service. A proposal was received in the amount of$44,226 which is below the budgeted $60,000 for well rehabilitation. It is Staff's recommendation to waive the bidding process, and to award the well rehabilitation project for Well #9 to Well Water Solutions in the amount not-to-exceed $44,226 as presented. Motion by Wimmer, seconded by Blake, to accept Staff's recommendation to waive the bidding process and award the Well #9 rehabilitation project to sole provider Well Water `- Solutions in the amount not-to-exceed $44,226 as presented. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR STATEMENT AND REPORT There was no Mayor Statement and Report. COMMITTEE REPORTS Chairman Alderman Peterson announced minutes of the September 7, 2011 Parks and Recreation Committee meeting would be forthcoming. STAFF REPORTS City Administrator Black announced Fall Hydrant Flushing begins on Monday, October, 3, 2011. Regular Meeting Page 8 September 26,2011 FUTURE AGENDA ITEMS Alderman Glab noted the City needs to address residents flying the American flag all the time. He opined flags should be in good condition and removed when they become tattered. Alderman Condon suggested flag regulation information could be included in the City Newsletter. ADJOURNMENT Motion by Wimmer, seconded by Peterson,to adjourn the meeting at 8:16 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 8:16 p.m. Mayor City Clerk ''1