HomeMy WebLinkAboutMinutes - 03/19/2012 - City Council REGULAR MEETING
March 19, 2012
Mayor Low called the regularly scheduled March 19, 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 Black, 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, and Chief
of Police Jones.
PRESENTATION: MCHENRY COUNTY CONSERVATION DISTRICT
Dave Brandt, Trustee of the McHenry County Conservation District (MCCD), stated there
are currently just over 25,000 acres owned and managed by the McHenry County Conservation
District, of which 32 sites are open to the public. There were approximately 688,000 visitors to
conservation district sites last year. The education department presented 659 programs in
2011 with 2700 adults attending and just under 14,000 young people in attendance.
Cleanup of Boone Creek near Jewel on Route 120 and the Fuller parcel on Broadway in
McHenry Shores will be done on Saturday, May 5 from 8:00 am — 12:00 p.m. This program is
sponsored by McHenry County Conservation District and the Fox Waterway Agency, along with
many volunteers.
Mr. Brandt stated he is very proud of all the dedicated volunteers who give so much of
themselves to benefit the land and educating the public about the environment. Last year
there were over 800 registered volunteers who donated over 19,000 hours. Mr. Brandt stated
that MCCD's work would not be feasible without the support and collaboration that comes
from strengthening partnerships and keeping lines of communication open with good
neighbors such as the City of McHenry.
Mayor Low stated the City appreciates the time Mr. Brandt took to visit and keep the
City informed. She added MCCD is viewed as a neighbor and partner as well.
PUBLIC INPUT SESSION
There was no one who signed in to speak during the Ten Minutes of Public Input.
CONSENT AGENDA
Alderman Glab requested Consent Agenda Item A, Approve a resolution authorizing City
Engineer to update official zoning map and City Clerk to publish notice of zoning map update;
and Consent Agenda Item B, Authorization of an extension of conditional use permit granted by
ORD-07-1387 to allow the sale of alcoholic beverages in conjunction with a restaurant at 4113
West Shamrock Lane, be pulled for consideration and discussion.
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March 19,2012
Motion by Glab, seconded by Wimmer,to approve the Consent Agenda as amended:
C. Approve Beer/Wine Permit Requests&Special Use Permits;
D. Approve ordinance authorizing the sale of personal property by online auction;
E. Approve resolution authorizing continued participation in MCMRMA;
F. Approve ordinance authorizing the donation of personal property to the Village of Johnsburg;
G. Approve resolution authorizing Mayor's execution of Intergovernmental Agreement with Illinois Public
Works Mutual Aid Network;
H. Approve resolution authorizing membership in USEPA WaterSense Promotional Partner Program;
I. Approve City Council Minutes:
March 5,2012 regularly scheduled meeting;
March 8,2012 Special Meeting;
J. List of As-Needed Checks;
BANKCARD PROCESSING CENT 12,214.95
BLUE CROSS BLUE SHIELD O 120,676.88
FEDEX 19.04
FOP UNITS I/II 2,064.00
HOME DEPOT CREDIT SERVIC 2,313.12
IUOE, LOCAL 150 2,310.10
LEGALSHIELD 106.60
MALDONADO, DORANN D 56.36
NATIONAL GUARDIAN LIFE I 42.33
NCPERS GROUP LIFE INS. 240.00
NWBOCA 15.00
POSTMASTER MCHENRY IL 1,374.88
UNITED PARCEL SERVICE 106.85
UNUM 1,669.34
GRAND TOTALS 143,209.45
FUND TOTALS
GENERAL FUND 20,474.55
WATER/SEWER FUND 1,163.98
EMPLOYEE INSURANCE FUND 120,676.88
RISK MANAGEMENT FUND 19.04
POLICE PENSION FUND 875.00
TOTALS 143,209.45
K. List of Bills.
1110 GREEN LLC 59,722.58
ACE HARDWARE, BJORKMAN'S 2,564.76
ADAMS ENTERPRISES INC, R 2,635.13
ADAMS STEEL SERVICE INC 1,114.17
ADAMS, SAMANTHA 189.88
AIRGAS SAFETY INC 220.48
ALTERNATE POWER INC 257.79
APWA 276.00
ASHLAND SPECIALTY CHEMIC 2,970.00
AT&T 7,081.49
BARBATO, EMIL 54.88
BASLER, ESTHER 35.00
BERKHEIMER CO INC, G W 682.85
BHFX DIGITAL IMAGING 166.65
BRIGHT LIGHT SIGN CO 30.00
BRUMMOND, PATRICIA L 104.06
BURRIS EQUIPMENT COMPANY 23.63
BUSS FORD SALES 399.74
CAPITAL GAINS INCORPORAT 4,896.00
CARQUEST AUTO PARTS STOR 445.38
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March 19,2012
CARY COMPANY, THE 262.00
CENTEGRA OCCUPATIONAL HE 253.82
CENTEGRA WORKSITE WELLNE 1,690.00
CHICAGO INTERNATIONAL TR 171.18
CINTAS CORPORATION #355 769.79
COMCAST CABLE 74.90
COMED 8,553.81
CONSTELLATION NEWENERGY 34,528.75
CRESCENT ELECTRIC SUPPLY 389.26
CURRAN CONTRACTING COMPA 616.62
D'ANGELO NATURAL SPRING 38.75
DECKER SUPPLY CO INC 1,987.34
DELL MARKETING LP 3,191.56
DOCUMENT IMAGING DIMENSI 742.00
DREISILKER ELECTRIC MOTO 192.24
ECKELS MCHENRY FLEA MARK 205.00
ED'S AUTOMOTIVE/JIM'S MU 252.00
EJ EQUIPMENT 108.81
FAST EDDIES CAR WASH 268.10
FOX VALLEY FIRE & SAFETY 26,423.00
GRAINGER 24.38
GROWER EQUIPMENT & SUPPL 383.00
HAWKINS INC 2,617.03
HD SUPPLY WATERWORKS 52.27
HRGREEN 35,527.49
HUMES & BERG MFG CO INC 1,252.60
IACE 105.00
ILLINOIS FBI NA 75.00
KALE UNIFORMS INC 535.97
KIMBALL MIDWEST 242.20
KING, LAURA 13.96
LISS, NEVA 97.50
MCAULIFF & SEMROW PC 900.00
MCCANN INDUSTRIES INC 2,392.76
MCHENRY AREA CHAMBER OF 425.00
MCHENRY COMMUNITY HIGH S 1,708.00
MCHENRY COMMUNITY SCHOOL 2,304.00
MCHENRY COUNTY CHIEFS OF 35.00
MCHENRY COUNTY COUNCIL 0 165.00
MCHENRY COUNTY RECORDER 1,233.50
MCHENRY FIRESTONE 37.50
MCHENRY PUBLIC LIBRARY 128.00
MCHENRY TOWNSHIP FIRE PR 128.00
MEHLER, VICKI 57.63
MID AMERICAN WATER OF WA 880.60
MINUTEMAN PRESS OF MCH 386.71
NAPA AUTO PARTS MPEC 2,309.15
NBS CALIBRATIONS 103.02
NCL OF WISCONSIN INC 1,316.63
NEUMANN JR, EDWARD J 500.00
NICOR GAS 2,918.03
NORTH AMERICAN SALT COMP 8,943.98
NORTHWEST ELECTRICAL SUP 466.39
PETERSON 512, DEAN 48.00
PETROLIANCE LLC 14,547.95
PITTMAN, JEFF 30.00
PRECISION SERVICE & PART 150.16
PRECISION SHARPENING 28.00
PROSAFETY INC 155.97
RADIOSHACK CORPORATION 69.86
REGNER, WILLIAM J 79.00
RELIABLE SAND & GRAVEL 272.90
RIVERSIDE BAKE SHOP 27.51
RYDIN DECAL 4,671.37
SANTO SPORT STORE 1,806.42
SCHATZ, DONALD 195.00
SCHOPEN PEST SOLUTIONS I 75.00
SHAW SUBURBAN MEDIA 114.00
SMALLWOOD, DIANA 48.00
STAN'S FINANCIAL SERVICE 222.00
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March 19,2012
STANS FINANCIAL SERVICES 135.00
STANS OFFICE TECHNOLOGIE 179.00
SWIFT CO INC, JOHN S 3,143.74
SYMBOLARTS 165.00
TASER INTERNATIONAL 397.76
TRAFFIC CONTROL & PROTEC 1,989.36
TRANSCHICAGO TRUCK GROUP 42.89
TRIMBLE NAVIGATION LIMIT 2,880.00
ULTRA STROBE COMMUNICATI 3,229.35
USA BLUEBOOK 612.96
VALENTINES REPAIR 3.60
VALLEY VIEW ACRES 170.00
VAN GALDER BUS COMPANY 688.71
VERIZON WIRELESS 1,729.87
VIKING CHEMICAL COMPANY 8,971.59
WASTE MANAGEMENT OF WI P 21,673.68
WATER WELL SOLUTIONS 19,945.40
ZARNOTH BRUSH WORKS INC 639.00
ZUKOWSKI ROGERS FLOOD & 233.65
GRAND TOTALS 322,226.40
FUND TOTALS
GENERAL FUND 67,283.27
BAND FUND 1,252.60
ALARM BOARD FUND 25,429.00
ANNEXATION FUND 4,268.00
MOTOR FUEL TAX FUND 8,943.98
TIF FUND 59,722.58
CAPITAL IMPROVEMENTS FUND 12,752.24
WATER/SEWER FUND 129,766.03
EMPLOYEE INSURANCE FUND 1,690.00
RISK MANAGEMENT FUND 91.21
INFORMATION TECHNOLOGY FUND 4,683.49
RETAINED PERSONNEL ESCROW 1,448.00
POLICE PENSION FUND 4,896.00
TOTALS 322,226.40
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
CONSENT AGENDA ITEM A: APPROVE RESOLUTION AUTHORIZING CITY ENGINEER TO UPDATE
OFFICIAL ZONING MAP AND CITY CLERK TO PUBLISH NOTICE OF ZONING MAP UPDATE
Alderman Glab pulled the resolution from the consent agenda because he does not
understand why the City Engineers need to be paid to update the zoning map when it hasn't
had any zoning changes in years, other than updating the date. He also inquired if we had a bill
for services or know what the cost of this update will be.
Deputy Administrator Martin stated there were a few changes over the last year,
including an annexation on Riverside Drive and a couple rezonings at the Fire District property
on Elm Street. A bill has not yet been received and the cost to make the updates is unknown at
this time.
Motion by Wimmer, seconded by Peterson, to approve a resolution authorizing the City
Engineer to update official zoning map and City Clerk to publish notice of zoning map update.
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March 19,2012
L-- Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
CONSENT AGENDA ITEM B: AUTHORIZE EXTENSION OF A CONDITIONAL USE PERMIT
GRANTED BY ORD-07-1387 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION
WITH A RESTAURANT AT 4113 WEST SHAMROCK LANE
Motion by Wimmer, seconded by Condon to authorize extension of a conditional use
permit granted by ORD-07-1387 to allow the sale of alcoholic beverages in conjunction with a
restaurant at 4113 West Shamrock Lane_
Discussion on Motion
Alderman Glab stated it is his belief that a conditional use permit is only granted for one
year. Deputy Administrator Martin responded that is correct, and he added that he has asked
City Council for extensions in the past for minor adjustments to conditional use items such as
this.
Alderman Glab stated a process is in place for conditional uses and due diligence to
surrounding property owners is not being done when procedures are not followed by granting
N.— extensions. Deputy Administrator Martin stated this was brought before City Council because
our ordinance is such that every other conditional use is presented to City Council. He opined
the matter can always go back to the Planning and Zoning Commission for a public hearing.
Alderman Glab stated he feels circumventing normal procedures for a conditional use of
this type is not appropriate. He believes people should be notified in case there are issues with
the original conditional use that Council is unaware of. City Administrator Black stated the
request is being submitted in trying to balance procedure with being business-friendly in
responding to the needs of a local business that is merely changing locations.
Alderman Schaefer stated he is concerned with Agenda Item #6 regarding
another conditional use permit extension. He asked if his understanding is correct that if the
ordinance already states the conditional use is automatically revoked after one year, an
extension cannot truly be granted as the conditional use has already been revoked.
City Attorney McArdle responded that he did not research this but the item can be
pulled for further research if Council desires.
Alderman Condon stated if there is a legal issue involved, it must be researched and
considered. However, if there is not a legal issue she would agree with City Administrator
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March 19,2012
Black that as long as things are done within proper legal framework there may always be 1'1
exceptions that can be made to help businesses in our community.
Mayor Low stated City Attorney McArdle suggests Consent Agenda Item B, authorize
extension of conditional use permit granted by ORD-07-1387 to allow the sale of alcoholic
beverages in conjunction with a restaurant at 4113 West Shamrock Lane, be pulled for future
consideration.
Alderman Wimmer withdrew his motion on Consent Agenda Item B, authorize extension
of a conditional use permit granted by ORD-07-1387 to allow the sale of alcoholic beverages in
conjunction with a restaurant at 4113 West Shamrock Lane.
REQUEST TO AUTHORIZE EXTENSION OF CONDITIONAL USE PERMIT AND VARIANCE AS
GRANTED BY ORDINANCE ORD-07-1399 FOR THE PROPERTY LOCATED AT 3706 WEST ELM
STREET
Deputy Administrator Martin explained this is a similar circumstance to the previous
item. A conditional use for a drive-thru was issued for Bear Creek Coffee at 3706 West Elm
Street. Bear Creek Coffee closed in the fall of 2010. A new potential lessee has been found for
the vacated property but the use is changing from coffee to a tobacco shop. The drive-through
conditional use is remaining the same.
City Attorney McArdle suggested pulling the request to authorize extension of '1
conditional use permit and variance as granted by ordinance ORD-07-1399 for the property
located at 3706 West Elm Street,for future consideration.
APPROVAL OF A RESOLUTION AUTHORIZING:
1. EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR MUNICIPAL
AGGREGATION;AND
2. JOINING THE NORTHERN ILLINOIS GOVERNMENTAL ELECTRIC AGGREGATION
CONSORTIUM (NIGEAQ
Deputy Administrator Martin stated this is an Intergovernmental Agreement requesting
the approval of a resolution authorizing the City's participation in the Northern Illinois
Governmental Electric Aggregation Consortium ("Consortium").
NIGEAC is comprised of thirteen governmental entities in McHenry, Kane and DeKalb
Counties in addition to the City of McHenry. The Consortium's primary goal is to achieve a
lower rate (kW/h) for energy supply than the rate offered by ComEd. The agreement spells out
how the approval process would work pending the success of a referendum on March 20 and in
terms of the Consortium when the bids are received. If the referendum is successful public
hearings will be held during the April 2 and April 16 regularly-scheduled City Council meetings
to review a draft Plan of Operation and Governance.
''1
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March 19,2012
Deputy Administrator Martin stated the agreement is authorizing a member of Staff to
L- be a part of the Consortium and have a vote in approval of a future contract, if that comes
forward.
Alderman Santi asked if individual residents will be given the opportunity to opt-out if it
does get voted in. Deputy Administrator Martin responded residents would be given the
opportunity to opt-out.
Alderman Santi asked if residents would be able to opt back in at some point depending
on the length of the contract. Deputy Administrator Martin stated if the contract is approved
and operational it would be up to the terms of the individual alternative retail electric supplier
that is chosen, since they are bidding on a certain number of electrical accounts with a certain
electric load.
Alderman Glab asked if there is any cost involved with residents that wish to opt-out.
Deputy Administrator Martin stated Staff is proposing a system that will not cause any charges
for residents who wish to opt-out.
Alderman Peterson commented he did not see much in the way of educational materials
available to the general public regarding this issue. City Attorney McArdle opined this is a
complicated subject and the average member of the general public might not have been
educated sufficiently to allow it to move forward.
t..
Motion by Santi, seconded by Schaefer, to authorize Mayor Low to execute the attached
resolution authorizing:
1. Execution of an Intergovernmental Agreement for municipal aggregation; and
2. Joining the Northern Illinois Governmental Electric Aggregation Consortium
as presented.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST SUBMITTED BY THE KIWANIS CLUB OF MCHENRY TO:
1. HOST 10T"ANNUAL ALL AMERICAN SOAP BOX DERBY ON JUNE 9, 2012 (RAIN DATE
JUNE 10, 2012);
2. HOST A PRACTICE EVENT ON JUNE 2, 2012 (RAIN DATE JUNE 3, 2012);
3. AUTHORIZE CITY SUPPORT SERVICES AND TEMPORARY CLOSURE OF PORTIONS OF
WAUKEGAN ROAD AND GREEN STREET IN CONJUNCTION WITH THE EVENT:AND
4. WAIVER OF ALL ASSOCIATED FEES.
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Assistant City Administrator Hobson stated the Kiwanis Club of McHenry is requesting
permission to hold the 10th annual All American Soap Box Derby on Saturday,June 9, 2012 from
7:00 a.m. to 6:00 p.m. and a practice run on Saturday, June 2, 2012 from 9:00 a.m. to 12:00
p.m. with requested rain dates of June 10 and June 3, respectively. The proposed schedule of
events is unchanged from past years. There is minimal need for City and police support
services. The Kiwanis Club of McHenry will notify residents in the area of the event. It is Staff's
recommendation to approve the request for this event.
Motion by Schaefer, seconded by Blake, to accept Staff's recommendation as presented
to approve the request submitted by the Kiwanis Club of McHenry to:
1. Host 10th annual All American Soap Box Derby on June 9, 2012 (rain date June 10,
2012);
2. Host a practice event on June 2, 2012 (rain date June 3, 2012);
3. Authorize city support services and temporary closure of portions of Waukegan
Road and Green Street in conjunction with the event; and
4. Waiver of all associated fees.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
APPROVE STAFF REQUEST TO:
1. AMEND THE FISCAL YEAR 2011/2012 BUDGET;AND
2. ACCEPT PROPOSAL FOR KNOX PARK POOL BATHHOUSE FLOOR RESURFACING IN
AN AMOUNT NOT TO EXCEED $6,300 AS SUBMITTED BY FURST CONCRETE
SOLUTIONS
Parks and Recreation Director Merkel stated he is submitting a proposal from Furst
Concrete Solutions in the amount of $6,300 to resurface the floors of the Knox Park Pool
bathhouse. Annually the floors of the bathhouse are painted prior to the season. This is done
to assist in keeping the facility presentable, clean and sanitary throughout the pool season.
Due to the constantly wet conditions of the facility, the concrete has become difficult to
maintain and requires continual painting. After researching options for the floor, Parks
maintenance staff recommends the installation of an epoxy floor covering.
Staff received quotes from three vendors to perform the installation of the epoxy floor
and Furst Concrete provided the low quote. Furst has done work for the City of McHenry
previously, working with the Water Division to resurface floors in a number of the city's well
houses. Since the work needs to be completed by May 1 and the cost was not included in the
Parks Maintenance budget for fiscal year 2011/2012, a budget amendment to allow the
expenditure is necessary.
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March 19,2012
Parks and Recreation Director Merkel stated it is Staff's recommendation to amend the
L-- fiscal year 2011/2012 budget; and to accept the proposal for Knox Park Pool bathhouse
resurfacing in an amount not to exceed $6,300 as submitted by Furst Concrete Solutions.
Motion by Condon, seconded by Santi,to approve Staff request to:
1. Amend the Fiscal Year 2011/2012 Budget; and
2. Accept proposal for Knox Park Pool bathhouse floor resurfacing in an amount not to
exceed $6,300 as submitted by Furst Concrete Solutions
as presented.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR STATEMENT AND REPORT
Mayor Low acknowledged that the City was well-represented last week at the St.
Baldrick's Day event, which was a phenomenal and unifying event for the community again this
year. She congratulated West Campus Assistant Principal Carl Vallianatos as the force behind
the event. Preliminary numbers as of last Friday show over 400 participants had their heads
shaved and raised over$135,000 for the St. Baldrick's Foundation, benefitting pediatric cancer,
as well as an additional $20,000 to be used for local families with children fighting cancer.
Mayor Low noted that Chief of Police Jones and Deputy Chief Kreassig are traveling to
Mobile, Alabama March 23-25, 2012 to receive official CALEA re-accreditation at the annual
CALEA accreditation conference.
COMMITTEE REPORTS
Alderman Condon stated minutes from the Community Development Meeting will be
forthcoming.
Alderman Condon spoke on behalf of the Character Counts! program, informing Council
the program is becoming very active in the community. She stated the $20,000 collected from
the St. Baldrick's Day event, as mentioned by the Mayor, will be forwarded to Character
Counts! and they will be making sure it is distributed to local families. The Character Counts!
program would also like to make everyone aware that April is alcohol awareness month. Chief
of Police Jones will be participating in a statewide program called Project Sticker Shock with the
help of local high school students and police officers educating business owners and posting
information that it is illegal to sell alcohol to children under the age of 21.
Alderman Schaefer stated there is a Finance and Personnel Committee meeting on
Monday March 26, 2012 at 6:00 p.m.
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STAFF REPORTS
There were no Staff Reports.
FUTURE AGENDA ITEMS
No Future Agenda Items were discussed.
EXECUTIVE SESSION: COLLECTIVE BARGAINING AND PERSONNEL
Motion by Wimmer, seconded by Peterson, to go into Executive Session at 8:04 p.m. to
discuss Collective Bargaining and Personnel.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Council went into Executive Session at 8:10 p.m.
Motion by Wimmer, seconded by Condon, to go back into Open Session at 8:44 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 8:45 p.m.
OPEN SESSION REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION
Motion by Wimmer , seconded by Condon, to authorize the Mayor's execution of a
City Administrator Employment Agreement with Derik Morefield in the amount of $127,558
effective April 16, 2012 subject to revisions by Attorney McArdle as agreed upon in Executive
Session.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
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March 19,2012
ADJOURNMENT
Motion by Santi, seconded by Blake, to adjourn the meeting at 8:46 p.m.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting was adjourned at 8:46 p.m.
Mayor ( City Clerk