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HomeMy WebLinkAboutMinutes - 11/05/2012 - City Council REGULAR MEETING November 5, 2012 Mayor Low called the regularly scheduled November 5, 2012 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 Morefield, Deputy City Administrator Martin, Assistant City Administrator Hobson, City Clerk Jones, City Attorney McArdle, Public Works Director Schmitt, City Engineer Pieper and Chief of Police Jones. Mayor Low introduced the McHenry Webelos Troop 131 and a Scout from Troop 673. She invited the Webelos and the Scout to lead the assembly in the Pledge of Allegiance. Mayor Low stated that she had an opportunity to visit with some of the members of Webelos Troop 131 at Duker School and is pleased to have them visiting the Municipal Center. PRESENTATION: CHARACTER COUNTS RECOGNITION AWARD Mayor Low introduced Alderman Condon, Chairman of the Character Counts Coalition. Alderman Condon stated that she particularly enjoys having the opportunity to present an award to a younger person who has the character to do the right thing. Erin Daily was recommended for the award by Assistant Principal Mike Przybylski and Nancy Hernandez Tapia was recommended for the award by teacher Lori Davisson of McHenry High School West Campus. Mr. Przybylski informed the Council that Ms. Daily approached him about what she felt was an uncomfortable situation occurring at the school bus stop. Ms. Daily's alertness and coming forward resulted in an investigation and arrest by authorities of an individual. Alderman Condon informed Council that Ms.Tapia has been instrumental in looking out for a person with special needs who was feeling isolated. Ms. Tapia has made an effort to include this individual in activities to make their time on campus enjoyable and to make them feel included. Alderman Condon presented Ms. Daily and Ms. Tapia with a plaque honoring their accomplishment. Mayor Low opined that she takes great pride in knowing that young people of such strong character reside in the City of McHenry. EXECUTIVE SESSION Mayor Low announced that this evening following the regularly scheduled Council meeting their will be an Executive Session to discuss Property Acquisition. Regular Meeting Page 2 November 5,2012 PUBLIC INPUT SESSION There was no one who signed in to speak during the Ten Minutes of Public Input. CONSENT AGENDA Alderman Peterson opined he is pleased to see the Annual Downtown Christmas Walk has been split between a Saturday and Sunday. Alderman Condon concurred. She noted that the businesses put so much effort into decorating; two days will provide a better opportunity to showcase their shops. Motion by Blake, seconded by Santi,to approve the Consent Agenda as presented: A. Request from the Riverside Area Business Association to post temporary signs from November 9 to November 19 in municipal right-of-ways advertising the Annual Downtown Christmas Walk and Parade on November 17& 18,2012; temporary closure of downtown streets on Sunday,November 18`h from approximately 12:00 pm to 3:00 pm for the Toys for Tots Parade;and waiver of all associated fees; B. October 15,2012 City Council meeting minutes; C. As Needed Checks;and ADAMS MEMORIALS & MEMORA 381.00 APWA 90.00 BLUE CROSS BLUE SHIELD 0 121,373.52 BUSS FORD SALES 35,405.00 CHICAGO TROLLEY CO 1,380.00 FOP UNITS I/II 1,978.00 HOME DEPOT CREDIT SERVIC 2,035.27 ILLINOIS RURAL WATER 669.00 ILLINOIS STATE POLICE 20.00 ILLINOIS SWIMMING 30.00 IUOE, LOCAL 150 2,342.10 LEGALSHIELD 187.30 MCHENRY COMMUNITY HIGH S 996.04 MCHENRY COUNTY PLANNING 450.00 NATIONAL GUARDIAN LIFE I 42.33 NCPERS GROUP LIFE INS. 224.00 NORTH SUBURBAN WATER 45.00 POSTMASTER MCHENRY IL 1,545.46 PRAIRIE INTERNATIONAL TR 115,259.00 SAM'S CLUB 138.12 SECRETARY OF STATE 105.00 SIX FLAGS GREAT AMERICA 5,572.20 TOALSON, BILL 70.00 UNUM 2,443.26 WITT, CINDY 10.74 GRAND TOTALS 292,792.34 FUND TOTALS GENERAL FUND 18,131.16 PAGEANT FUND 996.04 BAND FUND 70.00 MCHENRY AREA CHARACTER COUNTS 20.74 CAPITAL EQUIPMENT FUND 150,454.00 WATER/SEWER FUND 1,746.88 EMPLOYEE INSURANCE FUND 121,373.52 TOTALS 292,792.34 Regular Meeting Page 3 November 5,2012 D. List of Bills: ACE TOWING & RECOVERY 150.00 ADAMS ENTERPRISES INC, R 31.35 ANNUNZIATA, MARK 416.67 AT&T 6,207.60 BAKER & SON CO, PETER 1,142.90 BAXTER & WOODMAN 3,466.24 BUSS FORD SALES 447.84 COLUMBIA PIPE & SUPPLY C 645.00 COMED 1,387.06 COX, LAURA 6.07 CRESCENT ELECTRIC SUPPLY 290.70 CURRAN CONTRACTING COMPA 576,920.07 DOCUMENT IMAGING DIMENSI 155.00 DUCAK, KELLY 7.92 EDESIGN 2,999.25 FIORE, CLARISSA 126.00 FOX VALLEY FIRE & SAFETY 929.50 FOXCROFT MEADOWS INC 539.50 FROST, JACK 500.00 FUN EXPRESS 29.00 GROWER EQUIPMENT & SUPPL 75.00 HAWKINS INC 728.70 HEY AND ASSOCIATES INC 425.00 HOPP, SHELLY 6.29 JENSEN, KIM 81.00 KIMBALL MIDWEST 348.08 KRIES, SUSAN 79.16 LEA, SUSAN 75.00 M&A PARTS INCORPORATED 3,100.00 MARATHON TOWING 40.00 MCAULIFF & SEMROW PC 825.00 MCCANN INDUSTRIES INC 834.80 MCHENRY ANALYTICAL WATER 60.00 MCHENRY COUNTY EDC 900.00 MCHENRY FIRESTONE 482.68 MCMASTER-CARR SUPPLY CO 286.31 MENARDS - CRYSTAL LAKE 443.88 MEYER MATERIAL COMPANY 183.53 MID AMERICAN WATER OF WA 415.00 MIDWEST HOSE AND FITTING 106.24 NESTER, F PETER 128.73 NICOLET SCENIC TOURS 6,540.00 NORTHWEST ELECTRICAL SUP 189.66 NORTHWEST HERALD 266.20 NOVAK, BOB 125.00 PADRO, PEDRO 106.99 PETROLIANCE LLC 4,279.78 PETTIBONE & CO, P F 1,017.40 PRECISION SERVICE & PART 41.12 RESERVE ACCOUNT 927.05 SHUETT, DEBORA 23.61 SNELTEN, DAVID 416.67 ST PAULS EPISCOPAL CHURC 159.00 STAPLES ADVANTAGE 148.27 STAPLES CREDIT PLAN 59.99 SYNEK, JENNIFER 8.00 THELEN MATERIALS LLC 547.64 TILLING, CARIE 144.38 TOPS IN DOG TRAINING COR 340.95 VALLEY VIEW ACRES 340.00 VAN GALDER BUS COMPANY 100.00 VIKING CHEMICAL COMPANY 3,947.60 WASTE MANAGEMENT OF WI P 7,986.25 WORLD SECURITY & CONTROL 510.00 XYBIX SYSTEMS INC 578.07 Regular Meeting Page 4 November 5,2012 FUND TOTALS GENERAL FUND 35,227.55 PAGEANT FUND .45 ALARM BOARD FUND 929.50 MOTOR FUEL TAX FUND 576,355.20 DEVELOPER DONATION FUND 425.00 WATER/SEWER FUND 20,765.39 INFORMATION TECHNOLOGY FUND 289.27 RETAINED PERSONNEL ESCROW 833.34 TOTALS 634,825.70 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST TO TRANSFER CLASS G1-1 LIQUOR LICENSE FROM ISRAEL & JOSE CORP D/B/A THE TACO HOUSE TO ASI ES MI PUEBLO, INC. D/B/A ASI ES MI PUEBLO RESTAURANT LOCATED AT 4305 WEST ELM STREET Mayor Low informed the Council that Reyna Aquino, president of Asi es mi Pueblo, Inc. is purchasing the Taco House restaurant, located at 4305 West Elm Street. She is requesting a transfer of the Class G1-1 liquor license, which permits the sale and service of alcoholic beverages in a restaurant where 50% or more of the annual gross revenue of the licensed premises is derived from the sale of food or non-alcoholic beverages. -� All consumption of alcohol takes place at tables. There are no bar sales permitted, however, a small service bar may be utilized in connection with table service. Mayor Low stated that she has met with Ms. Aquino and Ms. Aquino has been fingerprinted by the McHenry Police Department. The transfer fee has been paid and all paperwork has been satisfactorily submitted and is in good order. Mayor Low stated she has no hesitation in recommending the transfer of this G1-1 license to Ms. Aquino. Motion by Santi, seconded by Schaefer, to approve the transfer of the Class G1-1 liquor license to Asi es mi Pueblo, Inc. d/b/a Asi es mi Pueblo, located at 4305 West Elm Street, McHenry, as presented. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. '"1 Regular Meeting Page 5 November 5,2012 `.. REQUEST FOR A CLASS G1 LIQUOR LICENSE FROM EMMA RIBAR, INC. D/B/A KIM & PATTY'S CAFE LOCATED AT 731 RIDGEVIEW DRIVE AND ORDINANCE INCREASING THE NUMBER OF CLASS G1 LICENSES IN THE CITY FROM SEVEN TO EIGHT Mayor Low informed the Council that Kim Ribar, president of Emma Ribar, Inc., has submitted a request for a Class G1 liquor license for her restaurant, Kim & Patty's Cafe, located at 731 Ridgeview Drive. Mayor Low stated that a Class G1 liquor license permits the sale and service of alcoholic beverages in a restaurant where 50% or more of the annual gross revenue of the licensed premises is derived from the sale of food or non-alcoholic beverages. All consumption of alcohol takes place at tables. There are no bar sales permitted, however, a small service bar may be utilized in connection with table service. Mayor Low stated that she has met with Ms. Ribar and Ms. Ribar has been fingerprinted by the McHenry Police Department. The license fee has been paid and all paperwork submitted. Mayor Low recommended approval of the request for a Class G1 liquor license conditioned upon receipt of a satisfactory fingerprint report and that all employees of the restaurant involved in the sale and service of alcohol obtain Beverage Alcohol Sellers and Servers Education &Training ("BASSETT") certification. Motion by Condon, seconded by Blake, to grant a Class G1 liquor license to Emma Ribar, `-- Inc. d/b/a Kim & Patty's Cafe, located at 731 Ridgeview Drive, conditioned upon the receipt of a satisfactory fingerprint report and that all employees of the restaurant involved in the sale and service of alcohol obtain Beverage Alcohol Sellers and Servers Education &Training ("BASSETT") certification and approval of the attached Ordinance increasing the number of Class G1 licenses from seven to eight. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR A TEMPORARY USE PERMIT TO ALLOW A TATTOO PARLOR AT 1210 NORTH GREEN STREET Deputy City Administrator Martin informed the Council that the applicant, Jean Fontaine, is proposing to relocate his business to 1210 N. Green Street from Hi-Point Road, which is located in unincorporated McHenry County. The proposed business will include an art gallery, retail store, customizing furniture and clothing line. The applicant also does tattooing, and is requesting a temporary use permit to allow the use. Regular Meeting Page 6 November 5,2012 The applicant is interested in doing some work inside the building and would like to conduct some interior renovation immediately, relocating the business and opening shortly thereafter. Temporary uses of land are permitted in any zoning district. Art galleries, retail, furniture and clothing stores, hobby and craft shops and interior decorating are permitted in the C-4 Downtown Commercial District; however, a tattoo parlor is not currently a permitted or conditional use in any zoning district. The applicant understands he is required to obtain a use variance to allow the tattoo use on a permanent basis; however, a temporary use permit is required in the interim. Deputy City Administrator Martin noted that the applicant would only be using 1,250 square feet of the building until the remaining portion of the building becomes available in a few months. He noted that the applicant, Mr. Fontaine, has obtained appropriate state and county licensing for tattooing. Staff does not believe a tattoo parlor would have any adverse land use impacts on adjacent properties or require additional City services. Staff supports the temporary use as presented. Responding to an inquiry from Alderman Santi regarding the percentage of Mr. Fontaine's business that relates to tattooing, Mr. Fontaine stated that tattooing is only about 15%of his business. Responding to an inquiry from Alderman Schaefer regarding advertising, Mr. Fontaine stated he intends to be considerate of the neighboring businesses and the signage and advertising would be mainly the furniture and retail aspect of the business. Responding to an inquiry from Alderman Condon regarding the temporary use, as opposed to a permanent use, Deputy City Administrator Martin stated that the applicant wishes to start construction/renovation immediately and the tattooing aspect of the business is not a permitted or conditional use. Motion by Santi, seconded by Wimmer, to approve the temporary use permit to allow a temporary tattoo parlor from November 6, 2012 to March 1, 2013 at the premises of 1210 North Green Street, conditioned on the applicant proceeding to the Planning and Zoning Commission for a Public Hearing during that timeframe. Voting Aye: Santi, Blake, Wimmer, Peterson, Condon. Voting Nay: Glab, Schaefer. Absent: None. Motion carried. Regular Meeting Page 7 November 5,2012 AWARD OF BID FOR THE WILLOW LANE SANITARY SEWER LIFT STATION STANDBY GENERATOR TO ASSOCIATED ELECTRICAL CONTRACTORS, INC. FOR AN AMOUNT NOT TO EXCEED$41,430 Director of Public Works Schmitt reiterated to Council that on July 23, 2012, Council authorized Staff to publicly bid the Willow Lane Sanitary Sewer Lift Station Standby Generator Replacement. Three bids were received on October 19, 2012. The bids ranged from $41,430 to 60,990. Director Schmitt stated the City's engineering firm, HR Green, has reviewed the bid documents and recommends awarding the contract for the Willow Lane Sanitary Sewer Lift Station Standby Generator to the lowest bidder, Associated Electrical Contractors, Inc. of Woodstock, Illinois, in an amount not to exceed $41,430. Director Schmitt noted that the 2012/2013 Capital Improvement Program includes $50,000 for engineering and construction of the Willow Lane Sanitary Sewer Lift Station Standby Generator, with funding from the Water/Sewer revenue. Motion by Wimmer, seconded by Schaefer, to award the bid for the Willow Lane Sanitary Sewer Lift Station Standby Generator to Associated Electrical Contractors, Inc. of Woodstock, Illinois, in an amount not to exceed$41,430. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. `- Voting Nay: None. Absent: None. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low stated that another Halloween has come and gone. The Jaycees Haunted House, the Haunted Hayride and trick or treating all went well and occurred without incident. Mayor Low announced Veteran's Day is Sunday, November 11, 2012. The Polish Legion of American Veterans Post 188, Veterans of Foreign Wars Post 4600 and the American Legion Post 491 will have a combined Veterans Day ceremony Sunday that is open to all veterans and the public. The ceremony will begin at 10 a.m. at VFW Post 4600, 3002 W. Route 120, McHenry. Mayor Low informed Council that the Toys for Tots Parade will take place on Sunday, November 18, 2012. COMMITTEE REPORTS Alderman Wimmer informed the Council that a Finance and Personnel Committee meeting took place this evening prior to the Council meeting, at 6:00 pm in the Alderman's Conference Room. Minutes will be forthcoming. Regular Meeting Page 8 November 5,2012 Alderman Peterson informed the Council that a Parks and Recreation Committee meeting is scheduled on Wednesday, November 14, 2012 at 7:00 pm in the Alderman's Conference Room. STAFF REPORTS There were no Staff reports. EXECUTIVE SESSION: PROPERTY ACQUISITION Motion by Wimmer, seconded by Blake, to adjourn to Executive Session to discuss Property Acquisition at 7:53 p.m. Voting Aye: Santi, Glab,Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Motion by Wimmer, seconded by Condon,to return to Open Session at 8:29 pm. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council returned to Open Session at 8:29 pm. ADJOURNMENT Motion by Peterson, seconded by Wimmer, to adjourn the meeting at 8:29 pm. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 8:29 pm. lyayor City Clerk