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HomeMy WebLinkAboutMinutes - 06/18/2012 - City Council REGULAR MEETING June 18, 2012 Mayor Low called the regularly scheduled June 18, 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 Administrator Martin, City Clerk Jones, City Attorney McArdle, Construction and Neighborhood Services Director Schwalenberg, Public Works Director Schmitt, Parks and Recreation Director Merkel, Chief of Police Jones. PUBLIC INPUT SESSION Joyce Story of 1617 Leonard Avenue addressed Council regarding her opposition to video poker. Ms. Story stated she takes issue with a statement that video gaming brings in revenue. Ms. Story asked Council to take note that no studies have been done and no rules have been established for video poker. She stated further that video poker is not a wholesome activity and is detrimental to communities and families. Ms. Story noted that nothing about video gaming produces character in a Character Counts! community and asked City Council to consider the impact video poker will have on local businesses. CONSENT AGENDA Alderman Glab requested Consent Agenda Item B, Consideration of the Prevailing Wage Ordinance as of June 1, 2012, and Consent Agenda Item D, Approval of Authorization to Reimburse McHenry Township Road District an estimated amount not to exceed $5,525 to resurface a section of Ponca Street, be pulled for further discussion. Motion by Wimmer, seconded by Blake, to approve the Consent Agenda as amended: A. Resolution adopting Silver Creek/Sleepy Hollow Creek Watershed Plan; C. Award of bid to Behm Pavement Maintenance, Inc. for 2012 Asphalt Crack Sealing maintenance program in an amount not to exceed$30,000; E. Special use/Picnic Permits(including added request for Shamrock Farms); F. Block Parties;and G. List of Bills: ACE HARDWARE, BJORKMAN'S 2,764.42 ADAMS STEEL SERVICE INC 24.36 ADAMS, SAMANTHA 133.00 ADVANCED AUTOMATION AND 440.00 AT&T 3,947.31 AT&T LONG DISTANCE 258.04 B&W CONTROL SYSTEMS INTE 2,150.30 BAKER & SON CO, PETER 4,523.75 BANKCARD PROCESSING CENT 1,307.90 BAXTER & WOODMAN 1,866.10 BUNCH DISTRIBUTING INC 26.88 CARQUEST AUTO PARTS STOR 803.09 CDS OFFICE TECHNOLOGIES 34,03 5.00 CERTIFIED SERVICES INC 75.19 CHICAGO INTERNATIONAL TR 90.42 CINTAS CORPORATION #355 442.21 COMCAST CABLE 108.05 CONSTELLATION NEWENERGY 36,286.22 CRESCENT ELECTRIC SUPPLY 228.27 Regular Meeting Page 2 June 18,2012 CUTTING EDGE COMMUNICATI 920.00 D'ANGELO NATURAL SPRING 46.50 DELL MARKETING LP 7,720.21 DISCOUNTECHNOLOGY 4,151.49 ECKSTEIN, MICHAEL 4,654.80 ED'S AUTOMOTIVE/JIM'S MU 168.50 EJ USA INC 269.31 ESRI 400.00 FISCHER BROS FRESH 60.00 FUN EXPRESS 74.71 G IMPRESSIONS INC 174.00 GALLS AN ARAMARK CO LLC 80.98 GOLD MEDAL PRODUCTS 750.38 HALOGEN SUPPLY COMPANY 706.80 HRGREEN 18,489.40 ILLINOIS RURAL WATER 138.00 KALE UNIFORMS INC 77.45 KIMBALL MIDWEST 165.53 KLASEK, ROBERT J 40.00 LAMZ, TYLER 75.54 LEXISNEXIS 110.00 LIFEGUARD STORE INC, THE 193.00 LILEENG, MICHAEL D 3,700.00 LISS, NEVA 195.00 MCHENRY ANALYTICAL WATER 2,080.00 MCHENRY COMMUNITY SCHOOL 251.79 MCHENRY COUNTY RECORDER 1,360.00 MCHENRY FIRESTONE 94.49 MINUTEMAN PRESS OF MCH 519.06 MOLNAR, JAMES 20.27 NCL OF WISCONSIN INC 481.36 NORTHWEST HERALD 235.00 NUTOYS LEISURE PRODUCTS 2,634.00 OTTOSEN BRITZ KELLY COOP 962.00 PALA, JOSIE 106.25 PALUCH, ZELINDA 7.15 PEPSI BEVERAGE COMPANY 434.07 PETROLIANCE LLC 11,998.24 PRO PLAYER CONSULTANTS I 1,710.00 RADIOSHACK CORPORATION 37.99 RELIABLE SAND & GRAVEL 709.25 SAM'S CLUB 1,277.84 SCHAFER, PAT 21.00 SCHMITT, JON 25.60 SHANAHAN, MICHAEL L 4,500.00 SIRCHIE FINGER PRINT LAB 321.78 STANS FINANCIAL SERVICES 135.00 STANS OFFICE TECHNOLOGIE 179.00 SUPERVALU 45.55 SWEET, CORY 450.00 SWIFT CO INC, JOHN S 2,818.00 THELEN MATERIALS LLC 21.40 THREE D DESIGN STUDIO LL 766.65 TRAFFIC CONTROL & PROTEC 204.40 ULINE 200.42 ULTRA STROBE COMMUNICATI 2,870.73 UNITED LABORATORIES 516.00 UNITED PARCEL SERVICE 91.41 VACULA, JOHN T 900.00 VERIZON WIRELESS 1,935.55 VIKING CHEMICAL COMPANY 3,774.80 WASTE MANAGEMENT OF WI P 11,000.96 XYLEM WATER SOLUTIONS US 577.78 ZAHN, DAN 225.00 ZUKOWSKI ROGERS FLOOD & 4,500.00 GRAND TOTALS 193,871.90 -IN Regular Meeting Page 3 June 18,2012 FUND TOTALS GENERAL FUND 58,210.92 TOURISM FUND 766.65 WATER/SEWER FUND 81,789.65 INFORMATION TECHNOLOGY FUND 46,301.78 RETAINED PERSONNEL ESCROW 6,802.90 TOTALS 193,871.90 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CONSENT AGENDA ITEM B: APPROVE AN ORDINANCE ASCERTAINING PREVAILING WAGES IN THE CITY OF MCHENRY AS OF JUNE 1,2012 Alderman Peterson inquired what would happen if this request was ever voted down since it is a state statute that must be complied with. Alderman Glab stated he feels it does a disservice to the taxpayers of the state and he does not support it because it is not fiscally responsible. He would also like to know the ramifications of voting it down. Alderman Schaefer asked if his information is correct that bids come back at the prevailing rates and wages, even when they are put out for bid. Deputy City Administrator Martin responded that Alderman Schaefer is correct. City Attorney McArdle responded that there are now new penalties and the City is subject to fines as well as punitive damages if prevailing wages are not paid. Motion by Wimmer, seconded by Blake,to approve an Ordinance ascertaining Prevailing Wages in the City of McHenry as of June 1, 2012, as presented. Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. CONSENT AGENDA ITEM D: APPROVAL TO AUTHORIZE RESURFACING OF APPROXIMATELY 221 FEET OF PONCA STREET WITH A REIMBURSEMENT TO THE MCHENRY TOWNSHIP ROAD DISTRICT IN AN ESTIMATED AMOUNT NOT TO EXCEED$5,525 Alderman Glab clarified that only three residents on the west side of Ponca are within the City limits and on the east side of the street the center lot is not in the City and therefore the street is not entirely annexed. Alderman Glab asked Staff to provide a thorough explanation regarding the Hay Street project done several years ago where the decision regarding the road is not consistent with this request. Motion by Wimmer, seconded by Condon, to approve authorization to resurface approximately 221 feet of Ponca Street with a reimbursement to the McHenry Township Road District in an estimated amount not to exceed $5,525, as presented. Regular Meeting Page 4 June 18,2012 Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A DRY CLEANING ESTABLISHMENT WITH ON-SITE PROCESSING AT THE PROPERTY LOCATED AT 3412 WEST ELM STREET Deputy City Administrator Martin stated an application was received from Mr. Byung Sool Kim, owner of Best Cleaners, 3412 West Elm Street, for a Conditional Use Permit to allow a dry cleaning establishment with on-site processing at their present location of 3412 West Elm Street. Best Cleaners has been a drop-off only site for many years; however, at this time the applicant is seeking approval to do on-site processing, which requires a conditional use permit in accordance with our zoning ordinance. Deputy Administrator Martin noted the Planning and Zoning Commission considered the request at a public hearing held on May 17, 2012. The Commission, with a vote of 5-1, recommended approval of a conditional use permit to allow a dry cleaning establishment with on-site processing with the following conditions: 1. Prior to installation of the on-site processing equipment, approved EPA permits must be furnished to the City; 2. Prior to the use of the equipment all required inspections must successfully occur by applicable jurisdictional agencies;City staff will work in conjunction with the agencies involved; 3. Storage of PERC on-site shall be in accordance with applicable EPA regulations; 4. Applicant must provide the City with copies of EPA permit renewals,whether annually, bi- annually,etc.;and 5. Applicant must comply with all the City ordinances and regulations including but not limited to performance standards set forth in the zoning ordinance. Deputy City Administrator Martin stated the applicant is proposing to move an approximately 10-year old Shop Star 303 model third generation machine to the subject property from Wisconsin. The machine will use perch loroethylene (PERC) as the primary cleaning solvent. PERC is highly regulated and overseen by many divisions within the United States Environmental Protection Agency. It is highly effective removing grime from clothes and is used as the chemical solvent by 78%of dry cleaners. The applicant will have one dry cleaning machine on-site and utilize 40-50 gallons of PERC annually. A specialized biohazard company will be responsible for all handling of PERC in the machine and making sure it is removed and replaced in an environmentally safe manner. Discussion was held regarding third and fourth generation machines (fourth generation being the latest technology) and whether a third generation machine is allowed in the State of --` Regular Meeting Page 5 June 18,2012 L. Illinois. Applicant Byung Sool Kim stated the machine he is moving is a third generation machine and they are currently acceptable right now in Illinois. Deputy City Administrator Martin concurred with Mr. Kim. Alderman Santi asked if the machine will need to be licensed yearly. Mr. Kim stated yes, it does need to be licensed yearly and if he does not renew the license he will not be able to buy the solution that is required to use the machine. Motion by Schaefer, seconded by Blake, to concur with the Planning and Zoning Commission recommendation to approve an Ordinance Granting a Conditional use Permit to Allow a Dry Cleaning Establishment with On-Site Processing at the Property located at 3412 West Elm Street, with the following conditions, as presented: 1. Prior to installation of the on-site processing equipment,approved EPA permits must be furnished to the City; 2. Prior to the use of the equipment all required inspections must successfully occur by applicable jurisdictional agencies;City staff will work in conjunction with the agencies involved; 3. Storage of PERC on-site shall be in accordance with applicable EPA regulations; 4. Applicant must provide the City with copies of EPA permit renewals,whether annually, bi- annually,etc.; and 5. Applicant must comply with all the City ordinances and regulations including but not limited to performance standards set forth in the zoning ordinance. Voting Aye: Santi, Schaefer, Blake, Peterson, Condon. Voting Nay: Glab. Abstaining: Wimmer Absent: None. Motion carried. REQUEST TO ADOPT THE WEST ILLINOIS ROUTE 120 CORRIDOR ENHANCEMENT INITIATIVE PROGRAM Deputy City Administrator Martin stated the Community Development Committee discussed efforts on how to economically revitalize West Illinois Route 120, specifically between Meadow Lane on the east and Ringwood Road on the west. This area has not seen considerable economic investment for some time due to the widening of Route 120 in 2004, property and building obsolescence, dilapidated structures, incompatible land use and lack of community planning. Staff and the Committee concurred, in order to drive investment and redevelopment along this section of Route 120, some type of economic incentive program would be required. Staff drafted the West Illinois Route 120 Corridor Enhancement Initiative Program considering each incentive application individually and holistically, on a more regional total fiscal impact basis. The information required in the proposed application would not be Regular Meeting Page 6 June 18,2012 universally applicable, but more detailed information submitted provides Staff the ability to look at the total economic development impact of the project. This includes additional sales and property taxes,job generation, new wealth creation, as well as recycled wealth. Deputy City Administrator Martin stated if City Council concurs with the Community Development Committee's discussions and the proposed West Illinois Route 120 Corridor Enhancement Initiative Program as presented, Staff recommends that they adopt the West Illinois Route 120 Corridor Enhancement Initiative Program and authorize Staff to actively begin promoting the program. Alderman Santi stated a lot of time has been spent at the committee level and the program is in its infancy. He believes the program will need to grow and develop as time goes on. Alderman Glab stated something other than incentives might be necessary to revitalize this area. He inquired if Staff has looked at soil and drainage conditions in the area. Deputy City Administrator Martin responded that the soil conditions are developable. He stated he did not look at drainage issues specifically but any project must comply with the storm water ordinance. Alderman Glab stated he is anxious to see redevelopment in this area. Alderman Schaefer and Alderman Peterson stated this is a great start and gives applicants a direction to go in. Alderman Condon thanked Deputy City Administrator Martin for being instrumental in putting the incentive package together. She stated she is very pleased with the package as presented as it gives applicants some direction yet allows them to be creative with their requests. Motion by Santi, seconded by Condon, to adopt the West Illinois Route 120 Corridor Enhancement Initiative Program, as presented, and authorize Staff to actively begin promoting the program. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low announced the Miss McHenry Pageant is this Saturday, June 23, at 6:30 p.m. at West Campus; and a Day at Petersen Farm is this Sunday,June 24 from 10:00 am to 4:00 pm. Regular Meeting Page 7 June 18,2012 COMMITTEE REPORTS Alderman Condon stated there is a Community Development Meeting Tuesday, June 26 at 6:30 p.m. Alderman Wimmer stated there was a Finance & Personnel Committee Meeting tonight. Alderman Blake stated there is a Public Works Committee Meeting on Monday, July 2 at 6:00 p.m. STAFF REPORTS There were no Staff reports. FUTURE AGENDA ITEMS City Administrator Morefield stated a list of tentative future agenda items was provided to the Council noting the list is tentative and items may be removed and added. Alderman Peterson stated he would like to discuss the security screening done at City Council meetings. He would like the screening to be consistent in that everyone be screened, including members of City Council, each time a meeting is held. Alderman Glab inquired if retail businesses are required to obtain a business license every year. Deputy City Administrator Martin stated that mainly restaurants and establishments selling or serving liquor and packaged food require a license. City Administrator Morefield stated there are specific licensing requirements for amusements, vending, etc. but the City issues specific licenses based on criteria for that use; they are not all issued a standard business license just to operate. Alderman Glab requested Staff to explore whether the City is collecting any sales tax revenue from the two Flea Markets that operate in the City. Deputy City Administrator Martin replied he would look into it further. ADJOURNMENT Motion by Wimmer, seconded by Peterson,to adjourn the meeting at 8:19 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 8:19 p.m. Mayor City Clerk