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HomeMy WebLinkAboutMinutes - 05/07/2012 - City Council REGULAR MEETING May 7, 2012 Mayor Low called the regularly scheduled May 7, 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, Assistant City Administrator Hobson, 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, City Engineer Pieper. PLEDGE OF ALLEGIANCE Mayor Low invited members of Girl Scout Troop 414 to lead Council in the Pledge of Allegiance and acknowledged Council is happy to have them participate. PRESENTATION: MCHENRY POLICE LIFE SAVING AWARD Chief of Police Jones honored four members of the McHenry Police Department for their assistance in rescuing a suicidal victim prior to jumping off the Pearl Street Bridge on February 20, 2012. Their response tested both the officer's split decision-making and the ability of the members of the dispatch center to remain calm while communicating with a victim. Chief Jones continued by awarding the following employees with the McHenry Police Department Life Saving Award: 1. Sergeant Ryan Sciame, 2. Officer Patrick Polidori, 3. Officer Tanya Stone; and 4. Telecommunicator Kathy Kulik Mayor Low noted everyone in the City is proud of the work done by all involved on this particular night and it is an honor to be part of this ceremony. She congratulated Chief Jones and stated the work done by the Police Department every single day on behalf of the citizens of the City of McHenry is indicative of their professionalism and training. PUBLIC INPUT SESSION There was no one who signed in to speak during the Ten Minutes of Public Input. CONSENT AGENDA Motion by Wimmer, seconded by Blake, to approve the Consent Agenda as presented: A. Combined Veterans Organization Memorial Day Ceremony and Parade; B. Resolution designating FOIA and OMA Officers; C. McHenry Police Pension Fund Annual Report; D. Authorization to advertise for bids for 2012 Road Maintenance Crack Sealing and Approval of IDOT,MFT Resolution; E. Authorization to advertise for bids,Water Treatment Plant#2 rehabilitation; F. Authorization to purchase and equip two Chevrolet Tahoe police command vehicles and three Ford squad cars in an amount not to exceed a total price of$180,000; Regular Meeting Page 2 May 7,2012 G. Mutual Aid Agreement with Major Incident Assistance Team(MIAT); H. Special Use/Picnic Permits; I. City Council Meeting Minutes: April 16,2012 regularly scheduled meeting; J. As Needed Checks: BARKER & MR MARASH, MS 4,675.58 BECKER, CHRISTOPHER 200.00 BERTULIS, MR & MRS 4,675.58 BLUE CROSS BLUE SHIELD 0 121,662.77 DIAZ, ANN 2,337.79 FOP UNITS I/II 2,021.00 HOME DEPOT CREDIT SERVIC 71324.08 ILLINOIS PUBLIC WORKS MU 250.00 ILLINOIS STATE POLICE 800.00 IUOE, LOCAL 150 2,310.10 JOHNSON, MR & MRS 2,337.79 LEGALSHIELD 213.20 MILWAUKEE POLICE REGIONA 400.00 NATIONAL GUARDIAN LIFE I 42.33 NCPERS GROUP LIFE INS. 240.00 NOT-FOR-PROFIT RESOURCES 50.00 PETTY CASH FUND 154.17 POSTMASTER MCHENRY IL 1,613.24 RICHEY, GLENN AND DIANA 4,675.58 UNITED PARCEL SERVICE 72.52 UNUM 1,572.24 GRAND TOTALS 157,627.97 FUND TOTALS GENERAL FUND 14,638.78 MCHENRY AREA CHARACTER COUNTS 18,752.32 WATER/SEWER FUND 2,559.60 EMPLOYEE INSURANCE FUND 121,662.77 RISK MANAGEMENT FUND 14.50 TOTAL 157,627.97 K. List of Bills: A G PLUMBING 165.00 A-ABLE ALARM SERVICE INC 282.23 ADAMS ENTERPRISES INC, R 653.80 ADAMS STEEL SERVICE INC 75.37 ADVANTAGE MECHANICAL INC 276.00 AHLBORN EQUIPMENT INC 98.25 AIRGAS SAFETY INC 79.73 AMERICAN HEATING & COOLI 282.80 AMERICAN SOLUTIONS FOR B 277.00 AT&T 3,306.46 AT&T LONG DISTANCE 303.87 AUTO TECH CENTERS INC 720.66 BAKER & SON CO, PETER 1,568.15 BIKE HAVEN, THE 30.00 BLACKSTONE LANDSCAPE INC 81449.00 BONNELL INDUSTRIES INC 315.00 BRENNAN, DAN 1,050.00 BUSS FORD SALES 898.20 CABAY & COMPANY INC 265.80 CDW GOVERNMENT INC 957.49 CENTEGRA OCCUPATIONAL HE 234.22 CHEMSEARCH 1,208.93 CHICAGO COMMUNICATIONS L 77.00 CHICAGO INTERNATIONAL TR 134.36 CHICAGO METROPOLITAN AGE 258.39 COIL RACING ENGINES 519.00 COMED 4,137.14 CONCRETE SOLUTIONS CORP 955.50 CUMMINS NPOWER LLC 2,509.11 CUSTOM LANDSCAPING 600.00 CUTTING EDGE COMMUNICATI 275.00 Regular Meeting Page 3 May 7,2012 DOCUMENT IMAGING DIMENSI 1,527.00 DREISILKER ELECTRIC MOTO 87.90 DUCAK, JASON 228.46 DURA WAX COMPANY INC, TH 140.40 ED'S RENTAL & SALES INC 250.00 EJ USA INC 2,794.44 FISCHER BROS FRESH 2,229.50 FOERSTER, JEFFERY S 41.71 FOXCROFT MEADOWS INC 757.50 GOLD MEDAL PRODUCTS 1,168.56 GOODMARK NURSERIES LLC 600.00 HAWKINS INC 4,429.75 HD SUPPLY WATERWORKS 909.18 HP SHOOTING CENTER INC 139.90 ILLINOIS FBI NA 75.00 INFANTE, ALFONSO 2,275.00 INTERSTATE BATTERY SYSTE 117.71 J G UNIFORMS INC 121.31 JACKSON HEWITT 30.00 JENSEN, TED 980.00 KALE UNIFORMS INC 2.50 KIMBALL MIDWEST 893.65 KIRCHNER FIRE 26.50 LANDMARK SERVICES COOPER 766.00 LANG PONTIAC-CADILLAC-SU 507.61 LEACH ENTERPRISES INC 23.99 LIFEGUARD STORE INC, THE 891.35 LOCKER'S FLOWERS 62.50 MARSH USA INC 520.00 MCANDREWS PC, THE LAW OF 6,800.00 MCCANN INDUSTRIES INC 93.33 MCHENRY ANALYTICAL WATER 60.00 MCHENRY COUNTY CHIEFS OF 45.00 MCHENRY COUNTY HISTORICA 500.00 MCHENRY FAVORITE SPORT C 25.98 MCHENRY FIRESTONE 323.99 MCHENRY POWER EQUIPMENT 12.22 MDC ENVIRONMENTAL SERVIC 3,335.00 MENDEZ LANDSCAPING & BRI 2,100.00 MERKEL, MARISA 159.82 MEYER MATERIAL COMPANY 76.95 MIDWEST HOSE AND FITTING 691.32 MINUTEMAN PRESS OF MCH 72.50 MORRIE AND SONS INC 250.00 NATIONAL ENTERTAINMENT N 200.00 NICOLET SCENIC TOURS 5,152.00 NICOR GAS 1,729.20 NORTH AMERICAN SALT COMP 106,423.68 NORTHERN ILLINOIS MACK I 237.58 NORTHWEST ELECTRICAL SUP 15.50 OVERHEAD INC 1,558.20 PEPSI BEVERAGE COMPANY 108.17 PETROLIANCE LLC 16,462.81 PETROW, STEPHANIE S 135.00 PETTIBONE & CO, P F 471.48 POLERECKY, ROSS 5.60 PRECISION SERVICE & PART 992.66 PRECISION SHARPENING 28.00 RADICOM INC 322.50 REINDERS INC 362.50 RELIABLE OFFICE SUPPLIES 127.06 REX AUTO BODY 2,555.81 RIVERSIDE BAKE SHOP 82.39 ROC CONSTRUCTION SUPPLY 185.34 ROGERS, MATT 181.89 ROTARY CLUB OF MCHENRY 249.00 SCHAFER, PAT 36.80 SECRETARY OF STATE / POL 198.00 SHERMAN MECHANICAL INC 147.65 ST PAULS EPISCOPAL CHURC 206.70 Regular Meeting Page 4 May 7,2012 STANS OFFICE TECHNOLOGIE 111.36 STAPLES ADVANTAGE 161.11 STAPLES CREDIT PLAN 550.10 STATE TREASURER IDOT 7,268.04 TAPCO 597.24 THELEN MATERIALS LLC 60.00 TRAFFIC CONTROL & PROTEC 511.58 TREDROC TIRE/ANTIOCH 002 826.80 USA BLUEBOOK 6,073.20 VACULA, JOHN T 1,250.00 VIKING CHEMICAL COMPANY 8,723.24 WASTE MANAGEMENT OF WI P 9,686.48 WATER PRODUCTS - AURORA 919.90 WATER SOLUTIONS UNLIMITE 5,300.00 WILSON LANDSCAPE SUPPLY 214.00 ZABIELSKI, JOHN 119.00 ZEP SALES & SERVICE 298.21 ZUKOWSKI ROGERS FLOOD & 366.35 GRAND TOTALS 249,319.12 FUND TOTALS GENERAL FUND 81,115.08 PAGEANT FUND 159.82 MOTOR FUEL TAX FUND 106,423.68 WATER/SEWER FUND 54,574.39 MARINA OPERATIONS FUND 76.95 RISK MANAGEMENT FUND 4,119.51 INFORMATION TECHNOLOGY FUND 2,807.98 POLICE PENSION FUND 41.71 TOTALS 249,319.12 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. "1 Voting Nay: None. Absent: None. Motion carried. ORDINANCE AUTHORIZING A CONDITIONAL USE PERMIT TO ALLOW OUTSIDE DISPLAY OF MERCHANDISE AND OUTDOOR STORAGE FOR THE PROPERTY LOCATED AT 3622 W. ELM STREET AS REQUESTED BY ART GURDA, MCHENRY POWER EQUIPMENT Deputy Administrator Martin stated an application was submitted by Art Gurda, owner of McHenry Power Equipment, for a conditional use permit to allow outside display of merchandise and outdoor storage for the property located at 3622 W. Elm Street. Mr. Gurda has completed extensive improvements to the interior and exterior of the building and is seeking the ability to display and store seasonal product outdoors to remain competitive. Deputy Administrator Martin noted the matter was considered by the Planning and Zoning Commission at a public hearing held on April 19, 2012. The Commission unanimously recommended approval subject to the following conditions: 1. Outdoor storage area shall be limited to the north of the existing building and storage area must be fully enclosed and secured with a solid fence, 100% opacity, including some type of security control/device during non-business hours or at least minimal security lighting;and 2. Outdoor storage area shall be limited to overstock merchandise only;and ''1 Regular Meeting Page 5 May 7,2012 3. Outdoor merchandise for sale shall be contained in the area designated on the plat of survey submitted as part of the application; outdoor display shall not impede pedestrian or motor vehicle access and circulation, inhibit handicapped accessibility in any manner;and 4. Outdoor display cannot occupy required customer or employee parking spaces and shall not be located in any public right-of-way. Deputy Administrator Martin stated it is Staff's recommendation to accept the unanimous recommendation of the Planning and Zoning Commission to pass an Ordinance allowing a conditional use permit for McHenry Power Equipment at 3622 W. Elm Street,subject to the following conditions: 1. Outdoor storage area shall be limited to the north of the existing building and storage area must be fully enclosed and secured with a solid fence, 100% opacity, including some type of security control/device during non-business hours or at least minimal security lighting;and 2. Outdoor storage area shall be limited to overstock merchandise only; and 3. Outdoor merchandise for sale shall be contained in the area designated on the plat of survey submitted as part of the application; outdoor display shall not impede pedestrian or motor vehicle access and circulation, inhibit handicapped accessibility in any manner; and 4. Outdoor display cannot occupy required customer or employee parking spaces and shall not be located in any public right-of-way. Motion by Wimmer, seconded by Blake, to approve an Ordinance granting a conditional use permit to allow outside display of merchandise and outdoor storage for the property located at 3622 W Elm Street, as presented. Discussion on the motion: Alderman Condon stated this is a challenging location but she is concerned that the distraction of outdoor display may be hazardous. She supports the outdoor storage, but not outdoor display. Alderman Santi asked about parking for this business and how the outdoor display would affect the available parking spots. Mr. Gurda responded the outdoor display would not interfere with the present parking. Alderman Glab stated he has reservations about this request and Council setting a precedent by veering away from the general restriction of conditional use permits requiring the use to begin within a year's time. He would also like to see a limit on what types of items and the number of items that can be displayed. Mr. Gurda stated merchandise would only be displayed during business hours during the day. He assured Council he would definitely use outdoor storage within two years and could have the outdoor storage area screened in within a year. Alderman Santi inquired about complaints that have been received from residents regarding parking in front of neighboring homes. Mr. Gurda responded that was an unusual circumstance and is not a normal occurrence. Mayor Low stated that Mr. Gurda has done an amazing job with a building that was once considered nothing but an eyesore. He has made a viable business with a very challenging location. She also stated that the Planning and Zoning Commission gave unanimous approval to this request. Regular Meeting Page 6 May 7,2012 Alderman Glab stated he would like a much clearer idea of how the whole storage facility will work in the back of the building. Lengthy discussion was held regarding the proposed storage area not interfering with the required number of parking spaces in order to be in compliance with current codes. Alderman Schaefer suggested the motion be tabled until more precise plans can be drawn up. Deputy Administrator Martin stated there is a requirement of 90 days between when the Planning and Zoning Commission gives approval of a zoning change and when the ordinance needs to be approved by the City Council. Alderman Wimmer would like to amend his motion by splitting it into two separate issues. Deputy City Administrator Martin stated he will modify the ordinance allowing a conditional use permit for McHenry Power Equipment, located at 3622 W Elm Street, to comply with the current ordinance;with the following conditions approved by the Planning and Zoning Commission, as amended in tonight's discussion: 1. Outdoor storage area shall be limited to the north of the existing building and storage area must be fully enclosed and secured with a solid fence, 100% opacity, including some type of security control/device during non-business hours or at least minimal security lighting; and 2. Outdoor storage area shall be limited to overstock merchandise only; and 3. Conditional Use Permit to allow outside storage is not required to be implemented within one year of approval of said permit;and 4. Outdoor merchandise for sale shall consist of seasonal power equipment, including: lawn '1 mowers, snow removal equipment and the like; however, in no case shall any piece of lawn mowing equipment larger than a 60" zero-turn mower be contained in the area designated on the plat of survey submitted as part of the application; outdoor display shall not impede pedestrian or motor vehicle access and circulation or inhibit handicapped accessibility in any manner;and 5. Outdoor display and outdoor storage areas cannot occupy required customer or employee parking spaces and shall not be located in any public right-of-way. Motion by Wimmer, seconded by Blake, to approve outside display of merchandise for the property located at 3622 W Elm Street with the following conditions: 1. Outdoor merchandise for sale shall consist of seasonal power equipment, including: lawn mowers,snow removal equipment and the like; however, in no case shall any piece of lawn mowing equipment larger than a 60" zero-turn mower be contained in the area designated on the plat of survey submitted as part of the application; outdoor display shall not impede pedestrian or motor vehicle access and circulation or inhibit handicapped accessibility in any manner;and 2. Outdoor display area cannot occupy required customer or employee parking spaces and shall not be located in any public right-of-way. Regular Meeting Page 7 May 7,2012 �- Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson. Voting Nay: Condon. Absent: None. Motion carried. Motion by Wimmer, seconded by Peterson, to approve outside storage for the property located at 3622 W Elm Street with the following conditions: 1. Outdoor storage area shall be limited to the north of the existing building and storage area must be fully enclosed and secured with a solid fence, 100%opacity, including some type of security control/device during non-business hours or at least minimal security lighting;and 2. Outdoor storage area shall be limited to overstock merchandise only;and 3. Outdoor storage area cannot occupy required customer or employee parking spaces and shall not be located in any public right-of-way. Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THRU ESTABLISHMENT FOR THE PROPERTY LOCATED AT 3706 W ELM STREET AS REQUESTED BY RONALD BYKOWSKI Deputy City Administrator Martin stated a request was submitted by Ronald Bykowski, property owner of 3706 W Elm Street, to allow a drive-thru establishment in conjunction with a retail business at said property. This is the former location of Bear Creek Coffee, a drive-thru only coffee kiosk, which closed for business in 2010. Council was reminded that a conditional use permit was approved in 2007 for this location, along with a variance reducing the number of required stacking spaces. The variance was not automatically revoked; however the conditional use permit for the drive-thru establishment was automatically revoked due to inactivity for more than one year. Deputy City Administrator Martin stated Mr. Bykowski has a prospective lessee, Syed Najmuddin, who would like to open a drive-thru cigarette and tobacco business on the subject property which would possibly expand to coffee and soft drink sales in the future. Staff believes the proposed business is an appropriate retail use and permitted by right in all commercial zoning districts. Deputy Administrator Martin noted the Planning and Zoning Commission considered the request at a public hearing held on April 19, 2012. The Commission unanimously recommended approval granting a conditional use permit allowing a drive-thru establishment on the premises located at 3706 W. Elm Street subject to the applicant providing appropriate signage and striping to adequately direct customers through the site. Mr. Bykowski and Mr. Najmuddin have agreed to comply with all conditions in the original Ordinance ORD- 07-1399 pertaining to signage and striping to facilitate traffic movement. Regular Meeting Page 8 May 7,2012 Deputy City Administrator Martin stated it is Staff's recommendation to pass an Ordinance granting a conditional use permit to allow a drive-thru establishment for the property located at 3706 W Elm Street as presented. Alderman Condon stated this is a difficult location and she has concerns with the drive- thru. Alderman Schaefer asked about marketing of the products. Mr. Bykowski replied the existing signboard will be used for any marketing. Motion by Peterson, seconded by Wimmer, to accept the unanimous recommendation of the Planning and Zoning Commission to pass an Ordinance granting a conditional use permit to allow a drive-thru establishment for the property located at 3706 W Elm Street as presented. Voting Aye: Santi, Glab, Blake, Wimmer, Peterson. Voting Nay: Schaefer, Condon. Absent: None. Motion carried. ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW MOTOR VEHICLE REPAIR AND OUTDOOR STORAGE FOR THE PROPERTY LOCATED AT 908 N FRONT STREET AS REQUESTED BY RENE SANCHEZ Deputy City Administrator Martin stated an application was submitted by Rene Sanchez for a conditional use permit to allow motor vehicle repair and outdoor storage for the rear portion of the property located at 908 N Front Street. The proposed business is very similar to Northwest Cycle which previously conducted business at this location. The proposed outdoor storage consists solely of motor vehicles/cycles to be repaired or those awaiting pickup by customers. Staff believes the proposed use is compatible with adjacent land uses and will not alter the character of the neighborhood. The applicant is required to maintain a solid screen enclosing the outdoor storage area. Deputy Administrator Martin noted the matter was considered by the Planning and Zoning Commission at a public hearing held on April 19, 2012. The Commission unanimously recommended approval subject to the following conditions: 1. The conditional use permit shall not be considered active until the applicant is issued a certificate of occupancy for the building space proposed to be utilized; 2. Outdoor storage area shall be completely secured with some type of security control/device during non-business hours or other minimal lighting in compliance with City ordinances; 3. Outdoor storage of inoperable vehicles, as defined in the City's Municipal Code shall be prohibited; 4. All vehicles which may potentially leak automobile fluids shall be stored inside only; 5. Outdoor storage area must remain enclosed utilizing a 100% opaque fence and shall be limited to storage of motor vehicles; 6. Automobile repair shall generally be limited to inside the building, but shall be strictly prohibited outside the confines on the fenced-in area;and Regular Meeting Page 9 May 7,2012 �- 7. If a vehicle is required to remain more than five days on the premises following its repair it shall be stored inside the building. Deputy Administrator Martin stated it is Staffs recommendation to accept the unanimous recommendation of the Planning and Zoning Commission to pass an Ordinance allowing a conditional use permit for motor vehicle repair and outdoor storage for the property located at 908 N Front Street, subject to the conditions stated above. Motion by Santi, seconded by Schaefer, to pass an Ordinance granting a conditional use permit for motor vehicle repair and outdoor storage for the property located at 908 N Front Street, subject to the following conditions: 1. The conditional use permit shall not be considered active until the applicant is issued a certificate of occupancy for the building space proposed to be utilized; 2. Outdoor storage area shall be completely secured with some type of security control/device during non-business hours or other minimal lighting in compliance with City ordinances; 3. Outdoor storage of inoperable vehicles, as defined in the City's Municipal Code shall be prohibited; 4. All vehicles which may potentially leak automobile fluids shall be stored inside only; 5. Outdoor storage area must remain enclosed utilizing a 100% opaque fence and shall be limited to storage of motor vehicles; 6. Automobile repair shall generally be limited to inside the building, but shall be strictly prohibited outside the confines on the fenced-in area; and 7. If a vehicle is required to remain more than five days on the premises following its repair it shall be stored inside the building. Voting Aye: Santi, Glab,Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. APPROVAL OF THE FOLLOWING IN REGARD TO THE 2012 STREET RESURFACING PROGRAM: 1. AUTHORIZATION TO PUBLICLY BID THE 2012 STREET RESURFACING PROGRAM: 2. RESOLUTION FOR MAINTENANCE OF STREETS AND HIGHWAYS BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE:AND 3. PROFESSIONAL SERVICES AGREEMENT WITH HR GREEN FOR DESIGN ENGINEERING AND CONSTRUCTION OBSERVATION IN AN AMOUNT EQUAL TO 9% OF THE AWARDED CONTRACT COST OF THE 2012 STREET PROGRAM, IN AN AMOUNT NOT TO EXCEED$60,000. Public Works Director Schmitt stated the 2012/13 Capital Improvement Program includes funding for design, engineering, and construction of the Street Resurfacing Program with revenues from the Motor Fuel Tax Fund and the Legend Lakes Subdivision Surety Bond. Staff and HR Green presented a proposed list of 7 streets, including alternates,to be included in Regular Meeting Page 10 May 7,2012 the 2012 Street Resurfacing Program at the April 16, 2012, Public Works Committee Meeting. Director Schmitt stated the Public Works Committee unanimously recommended seeking City Council approval for the 2012 Street Resurfacing Program of the following list of streets, as presented: Street Name: Boundary Rankine Costs Draper Road Shannon to City Limits 3 $ 308,591.50 Rose Avenue Whiting to Tomlinson 3 $ 78,047.00 Florence Blvd. Ringwood to Whiting 3 $ 26,787.00 Chesterfield Drive Oakwood to Royal 3 $ 100,255.50 Lee Street Timothy to Young 3 $ 54,465.50 Total $ 568,146.50 Alternate Street Name: Boundary Costs Golfview Ave. John to Golfview Terrace 4 $ 48,015.00 Crescent Ave. John to Golfview Terrace 3 $ 46,569.50 *Street ranking is based on a 10 point system whereas the ranking of#1 is equivalent to a gravel road and a ranking of#10 is equivalent to a newly paved road Public Works Director Schmitt stated it is Staff's recommendation to accept the unanimous recommendation of the Public Works Committee to seek City Council approval of the following in regard to the 2012 Street Resurfacing Program, as presented: 1. Authorization to publicly bid the 2012 street resurfacing program; 2. Resolution for maintenance of streets and highways by municipality under the Illinois Highway Code; and 3. Professional Services Agreement with HR Green for design engineering and construction observation in an amount equal to 9% of the awarded contract cost of the 2012 street program, in an amount not to exceed $60,000. Motion by Blake, seconded by Santi, to approve the following in regard to the 2012 Street Resurfacing Program, as presented: 1. Authorization to publicly bid the 2012 street resurfacing program; 2. Resolution for maintenance of streets and highways by municipality under the Illinois Highway Code; and 3. Professional Services Agreement with HR Green for design engineering and construction observation in an amount equal to 9% of the awarded contract cost of the 2012 street program, in an amount not to exceed $60,000. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ''1 Regular Meeting Page 11 May 7,2012 �.- APPROVAL OF A LICENSE AGREEMENT WITH KOHL'S ILLINOIS, INC. FOR THE USE OF PARKING AREA AND ACCESS TO PROPOSED DOG PARK ON FAP420(IDOT) PROPERTY Director of Parks and Recreation Merkel stated Staff has been working with Kohl's and IDOT on a proposed Dog Park Development on the FAP420 property. Kohl's Illinois, Inc. has submitted a license agreement to the City allowing the use of their north parking lot for dog park patrons and access to the site. IDOT requires the City to supply proof of an access agreement in order to grant the City permission for temporary use of the property for the proposed Dog Park. Once IDOT issues the temporary use permit to the City, final design, cost estimates and operation plans will be reviewed by the Parks and Recreation Committee and a final recommendation will be brought to the City Council for project implementation. Director of Parks and Recreation Merkel stated it is Staff's recommendation to approve a license agreement with Kohl's Illinois, Inc. for use of the parking area and access to proposed Dog Park on FAP420 (IDOT) property, as presented. Motion by Condon, seconded by Wimmer, to approve a license agreement with Kohl's Illinois, Inc. for use of the parking area and access to proposed Dog Park on FAP420 (IDOT) Property, as presented. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR'S STATEMENT AND REPORT There was no statement or report by Mayor Low. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS Public Works Director Schmitt announced the 2012 Spring Clean-up Program will begin on May14, 2012. FUTURE AGENDA ITEMS City Administrator Morefield informed City Council they will be provided with a list of tentative agenda items in the future. EXECUTIVE SESSION TO DISCUSS LITIGATION AND COLLECTIVE BARGAINING Motion by Wimmer, seconded by Blake, to go into Executive Session at 8:51 p.m. to discuss Litigation and Collective Bargaining. Regular Meeting Page 12 May 7,2012 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council adjourned to Executive Session at 8:57 p.m. Motion by Wimmer, seconded by Blake, to go back into Open Session at 9:10 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 9:10 p.m. OPEN SESSION REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION Motion by Wimmer, seconded by Blake, to authorize the Mayor to execute the settlement agreement between Hausmann-McNally and the City of McHenry. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ADJOURNMENT Motion by Peterson, seconded by Wimmer, to adjourn the meeting at 9:11 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 9:11 p.m. Mayor City Clerk