HomeMy WebLinkAboutMinutes - 06/13/2005 - City Council REGULAR MEETING
JUNE 13, 2005
The Regular Meeting of the McHenry City Council was called to order by Mayor Low
at 7:30 P.M. on Monday, June 13, 2005 in the Council Chambers of the Municipal Center.
At roll call the following Aldermen were present: Santi, Glab, Schaefer, Murgatroyd,
Wimmer, Peterson, and Condon. Absent: None. City Staff in attendance were: City
Administrator Maxeiner, Assistant to the City Administrator Martin, City Clerk Jones, City
Attorney Costello, Chief of Police O'Meara, Director of Public Works Marcinko, Director of
Community Development Napolitano, Community Relations Management Assistant
Hobson. Absent: City Attorney McArdle, Director of Parks and Recreation Merkel and
Director of Finance Kline.
TEN MINUTE PUBLIC INPUT SESSION
No one signed in to speak at the public input session.
CONSENT AGENDA
Motion by Schaefer, seconded by Glab, to approve the Consent Agenda as
presented:
A. Purchase of Police Department Backup Base Station equipment from Chicago
Communications;
B. Purchase of Police Department Emergency Base Station from Radicom, Inc.;
C. Purchase of Police Department Communication Monitoring Equipment from
Radicom, Inc.;
D. Request for reduction in Subdivision Bonds No. 929312628 and No. 929312629
for Shamrock Farms Neighborhood No. 2;
E. Request for Special Use/Picnic Permit;
F. Block Party Requests:
a. Johann Bartel, McHenry Shores, July le
b. Nick Snider, Edgebrook Heights, July 3rd;
G. Regular City Council Meeting Minutes:
a. April 18, 2005
b. April 25, 2005
c. May 16, 2005
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR CONNECTION TO MUNICIPAL SANITARY SEWER SYSTEM 2820
LINCOLN ROAD
Director of Community Development Napolitano informed Council that a letter was
received from Richard F. Skinner, owner of the property located at 2820 Lincoln Road. Mr.
Skinner rents out the home on the property and informed the City the septic system
recently failed. Mr. Skinner is requesting Council's permission to connect to the City's
�-- municipal sanitary sewer system.
Director Napolitano stated that Staff has no concerns with Mr. Skinner's request and
June 13, 2005
Page 2
supports the proposed connection. He noted sanitary sewer is available along Lincoln
Road. Council has previously allowed three other Lincoln Road properties to connect,
subject to payment of non-resident fees and the requirement that the property annex to the
City within 90 days of becoming contiguous.
Director Napolitano noted the subject property is not currently contiguous to the
City. To ensure the property owners annexation to the City when the property become
contiguous the City Attorney has recommended the City enter into a Pre-Annexation
Agreement with the owners of the property.
Motion by Wimmer, seconded by Schaefer, to accept Staffs recommendation to
approve a request for connection of the property located at 2820 Lincoln Road to the City's
sanitary sewer system, subject to the following conditions:
• Execution of a Pre-Annexation Agreement between the City of McHenry and
Richard F. Skinner and Ann Skinner;
• Payment of non-resident fees; and
• Annexation of the property within 90-days of the property becoming contiguous to
the City of McHenry.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None. —
Motion carried.
ZONING MAP AMENDMENT-ADAMS COMMERCIAL CENTRE
Mayor Low announced that due to the Petitioners' time constraints, Item No. 10
regarding Adams Commercial Centre would be considered by Council at this time.
In attendance were Attorney Steven Cuda and Rich Adams Jr. representing Adams
Commercial Centre.
Attorney Cuda stated this request was pulled from the May 16, 2005 Agenda due to
an issue concerning Public Hearing notification to adjoining property owners. The matter
has been resolved to the satisfaction of the City Attorney.
Attorney Cuda indicated the subject property is located in the Adams Commercial
Centre, on the east side of the private access road connecting Barney Court to Route 120.
Amending Lot 7 from Business Park to C-5 commercial zoning would be more compatible
with the surrounding uses. The character of the surrounding area is mixed commercial
and business park uses. Attorney Cuda noted Lot 7 is the only lot south of Barney Court
with business park zoning in the subdivision. With the exception of Lot 7, Barney Court is
the dividing line between BP and C-5 zoning. The Applicant believes Lot 7 could be
combined with lots fronting Route 120 to create an attractive site for a commercial user
who may desire Route 120 frontage.
Director Napolitano informed Council that the Planning and Zoning Commission at a
Public Hearing held on April 7, 2005 unanimously recommended approval of the request.
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Responding to an inquiry from Alderman Santi, Director Napolitano clarified the
zoning of the surrounding property and the location of the access easement.
Motion by Condon, seconded by Schaefer, to accept the unanimous
recommendation of the Planning and Zoning Commission to approve a Zoning Map
Amendment from BP Business Park to C-5, Highway Commercial for Lot 7 in the Adams
Commercial Centre.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon,
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FROM MCHENRY KIWANIS CLUB FOR TEMPORARY SIGNS AND WAIVER
OF ALL ASSOCIATED FEES FOR ANNUAL SOAP BOX }
Management Assistant for Community Relations Hobson reiterated to Council that
on January 3, 1005 a request from the McHenry Kiwanis Club to host the 3'd Annual Soap
Box Derby was approved. This evening the Kiwanis Club is requesting permission to
place temporary advertising signs at various locations throughout the City in an effort to
bolster attendance for the event. The Club is also requesting the waiver of all associated
fees.
Mr. Hobson indicated the signs are approximately 1 W x 24°. The signs would be
installed on Friday, June 17, 2005 and removed immediately following the event on
Saturday, June 18, 2005.
The Kiwanis Club is requesting the following locations for placement of the
temporary signs:
• Route 31 and Charles Miller Road, at the northwest corner
• Bull Valley Road and Crystal Lake Road
• Chapel Hill Road and Route 120, northwest comer
• Veteran's Park Entrance
• Route 31 and Pearl Street
• Chapel Hill Road and Lincoln Road, northwest comer
• Knox Park Pool Entrance
• McCullom Lake Road and Route 31
• Crystal Lake Road and Lillian Street
• McCullom Lake Road and Riverside Drive
• Curran Road and Dartmoor Drive
• Route 120 and Ringwood Road, northeast corner
• Route 31, Front Street, and Route 120
• Waukegan Road and Green Street
Motion by Peterson, seconded by Santi, to accept Staffs recommendation to grant
the request for temporary signs at the following locations, to be installed on June 17, 2005
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and removed on June 18, 2005, and to waive all associated fees for the McHenry Kiwanis
Club 3rd Annual Soap Box Derby.
• Route 31 and Charles Miller Road, at the northwest comer
• Bull Valley Road and Crystal Lake Road
• Chapel Hill Road and Route 120, northwest comer
• Veteran's Park Entrance
• Route 31 and Pearl Street
• Chapel Hill Road and Lincoln Road, northwest corner
• Knox Park Pool Entrance
• McCullom Lake Road and Route 31
• Crystal Lake Road and Lillian Street
• McCullom Lake Road and Riverside Drive
• Curran Road and Dartmoor Drive
• Route 120 and Ringwood Road, northeast corner
♦ Route 31, Front Street, and Route 120
o Waukegan Road and Green Street
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried. ._._
REQUEST FROM MCHENRY KIWANIS CLUB FOR THE TEMPORARY USE OF THE
GREEN STREET PARKING LOT TO HOST A CLASSIC CAR SHOW IN CONJUNCTION
WITH THE SOAP BOX DERBY EVENT ON JUNE 18, 2005
Management Assistant Hobson introduced Brian Cunat, a member of the McHenry
Noon Kiwanis Club.
Mr. Cunat expressed regret that Council and Staff only recently became aware of
plans initiated by the McHenry Kiwanis Club to add a classic car show from 2:00 p.m. to
5:00 p.m., on Saturday, June 18, 2005, as part of the program for the Annual Soap Box
Derby. Mr. Cunat indicated the car show would be sponsored by the Richmond-Spring
Grove Kiwanis Club and originally was to be held at the McHenry High School East
Campus parking lot.
Mr. Cunat stated that Staff has raised some objections regarding the location at
East Campus during the Soap Box Derby. Among the concerns indicated is the
anticipated significant increase in traffic, which would flow through the Green Street and
Waukegan intersection during the Soap Box Derby race hours.
Staff has consulted with the McHenry Police Department and both concur that
moving the car show to the parking lots surrounding the McHenry Savings Bank on Green
Street would provide a more suitable location. This location provides a measure of
separation between the two events while allowing pedestrians to easily move between ,
both sites. Additionally, relocating the car show reduces the volume of traffic having to
traverse the intersection of Green Street and Waukegan Avenue during the Soap Box
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Page 5
Derby.
Director Napolitano informed Council the East Campus parking lot has 249 parking
spaces. Staff anticipates many of the available parking spaces would be utilized by
attendees, participants and volunteers of the Soap Box Derby. The Kiwanis Club
anticipates approximately 200 cars to participate in the Car Show. It was opined the
Green Street lot would be a more adequate alternative with spaces available for
approximately 175 vehicles. Additionally, there are 50 on-street spaces along Green
Street and 37 spaces in the Court Street lot to provide parking for other business patrons
of the downtown area.
Staff recommends approval of the car show, including DJ and music, and the sale of
food, contingent upon moving the car show to the parking lot behind the McHenry Savings
Bank on Green Street.
Alderman Peterson indicated he supports the inclusion of the car show to the Soap
Box Derby event conditioned upon its relocation to the parking lot behind the McHenry
Savings Bank.
Responding to Alderman Condon's inquiry regarding informing participants and
attendees about the revised car show location, Mr. Cunat stated the advertising has
already been changed and potential participants have been notified individually.
Responding to Alderman Murgatroyd's inquiry, Mr. Cunat indicated that parking
would also be permitted in the parking spaces indicated "reserved," located in the
McHenry Savings Bank parking lot.
Mayor Low stated she appreciates Kiwanis coming before Council with this change
in the Soap Box Derby event itinerary. She complimented the Kiwanians on the
organization of the event and how it is run.
Motion by Peterson, seconded by Condon, to accept Staff s recommendation to
approve a request of the McHenry Kiwanis Club for the use of the parking lot behind the
McHenry Savings Bank for a Classic Car Show Event including food vending, DJ and
Music, on June 18, 2005, in conjunction with the Td Annual Soap Box Derby.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR A CLASS A LIQUOR LICENSE FOR MULLIGAN'S SALOON, INC.
LOCATED AT 2606 SCHAID COURT —
Mayor Low informed Council that a request has been received for a Class A Liquor
License from Les Lunsmann, President of Mulligan's Saloon, Inc. She stated that Mr.
Lunsmann intends to establish a sports bar at 2606 Schaid Court.
June 13, 2005
Page 6
Mayor Low noted that Mr. Lunsmann is the former owner of Harmony Resort in
Johnsburg and has experience operating a restaurant serving alcohol. At a Public Hearing
held on April 21, 2005, the Planning and Zoning Commission unanimously recommended
approval of the request to operate a restaurant serving alcoholic beverages at this
location. Mayor Low stated that Mr. Lunsmann has been fingerprinted, has attended the
required meeting with the Mayor, submitted all required information and has paid the
required fees. Additionally, she indicated that Mr. Lunsmann has provided assurance that
the staff at Mulligan's Saloon would be required to attend BASSETT training classes
offered through the McHenry Police Department.
Mayor Low opined that Mulligan's will be a nice addition to the City and she
indicated she has no concerns with the request.
Motion by Santi, seconded by Schaefer, to accept Mayor Lows recommendation to
approve the request for a Class A Liquor License for Mulligan's Saloon, Inc. d/b/a
Mulligan's Saloon, located at 2608 Schaid Court, subsequent to receipt of a satisfactory
fingerprint report; and approving the Mayor and City Clerk's execution of an Ordinance
increasing the number of Class A liquor licenses from twenty-five to twenty-six,
Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: Glab.
Absent: None.
Motion carried.
CUNAT, INC. MULTI-FAMILY HOUSING REVENUE BONDS
City Administrator Maxeiner informed Council that in 2001 the City of McHenry
allowed the issuance of Industrial Revenue Bonds on behalf of the Westside Crest Limited
Partnership, Cunat, Inc., for certain housing projects. At the time the bonds were issued
the City was a party to the investment agreement identifying how Cunat, Inc. could invest
the proceeds of the bonds prior to utilization for their intended purpose.
Cunat, Inc. is currently in the process of entering into a new investment agreement,
which requires approval of the City of McHenry. City Administrator Maxeiner stated the
bonds provide a benefit to the local community and present no risk or obligation to the
city.
The City Attorney informed Council that the City functioned as a conduit in the
transaction issuing the municipal bonds to finance a mortgage for Westside Crest for
which Cunat, Inc. is responsible for repayment. One of the terms of the original indenture
provided that certain funds could be invested by Cunat in "Permitted Investments." One
type of Permitted Investment required the funds to be invested with a Triple A rated
company. Cunat invested its funds with AIG which is currently under investigation for
potential financial irregularities, resulting in a downgrading of AIG's rating. Accordingly,
Cunat had to find a new qualified company for investing the relevant funds. Cunat has
done so and is preparing to execute an Investment Agreement for investments with IRIS
Funding Corporation.
June 13, 2005
Page 7
As the issuer, the City Council has been asked by IXIS to certify that the new
Investment Agreement is in a form acceptable to the City, as required by the original bond
indenture. The City Attorney indicated the Investment Agreement has been reviewed and
found to be in a form that satisfies the requirements outlined in the original bond indenture.
Motion by Murgatroyd, seconded by Condon, to accept Staff s recommendation to
approve the execution of the Investment Agreement dated May 25, 2005 between IXIS
Funding Corp, Westside Crest Limited Partnership, Borrower and U.S. Bank National
Association, Trustee, as acknowledged and accepted by the City of McHenry, Issuer.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
AWARD OF BID FOR WATER TREATMENT PLANT NO. 2 FLOOD PROOFING
PROJECT TO MANUSOS GENERAL CONTRACTING INC
Director of Public Works Marcinko informed Council that during a compliance
inspection conducted by the Illinois Environmental Protection Agency (IEPA) in the spring
of 2002, it was noted that Water Treatment Plant No. 2 located at 1401 Beach Road had
been constructed within the flood way, and alterations to the existing building were
necessary.
Director Marcinko reiterated that at the April 18, 2005 regular City Council meeting,
Council authorized advertisement for bids for the renovation of Water Treatment Plant No.
2. Director Marcinko indicated that three bids were received for the project and the bids
were opened on May 31, 2005. Manusos General Contracting, Inc. of McHenry, Illinois
presented the lowest, responsible bid at $29,800.
Director Marcinko informed Council that the proposed construction consists of
remodeling to flood proof the existing Water Treatment Plant No. 2, including concrete and
masonry work, and ventilation modifications.
Motion by Wimmer, seconded by Santi, to accept Staffs recommendation to
approve the award of the contract for the flood proofing of Water Treatment Plant No. 2 to
Manusos General Contracting, Inc., in an amount not-to-exceed $29,800.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
CONTRACT FOR ROOF REPAIRS AT RIVIERA MARINA QUONSET HUT - A. JAYNE
ROOFING
�-- Director Marcinko reiterated that Council approved the renewal of a Lease
Agreement with D's Marine Service, Inc. for the Riviera Marina on February 14, 2005.
Under the terms of the Lease Agreement, the City is responsible for maintaining the
June 13, 2005
Page 8
property in a good and safe condition and for any significant improvements to the site.
Director Marcinko informed Council that the aluminum roof on the Quonset but at
the marina has fallen into disrepair. Staff obtained two quotes for the necessary repairs.
A. Jayne Roofing System of Woodstock, Illinois provided the lowest quote of$7,500. The
proposed repairs include power washing the roof, replacing and tightening the grommets
and screws as needed, and applying an aluminum fiber coat to the entire roof. He noted
the improvements would enhance the structural integrity of the building and have a
positive impact on the appearance of the facility as a whole.
Responding to an inquiry, Director Marcinko indicated complaints regarding the
appearance of the structure were received from surrounding property owners; however,
the structure requires some minor repairs.
Motion by Wimmer, seconded by Schaefer, to accept Staffs recommendation to
approve the proposal from A. Jayne Roof System for the repair of the Riviera Marina
Quonset but roof, in an amount not-to-exceed $7,500.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried. _
CONTRACT FOR LANDSCAPE IMPROVEMENTS RELATING TO THE PETERSEN
PARK WATERFRONT DEVELOPMENT PROJECT-CUSTOM LANDSCAPING
Management Assistant Hobson informed Council that as part of the Petersen Park
Waterfront Development project three new piers are being installed by the Park
Maintenance Staff. Landscape improvements to the area include tree and stump removal,
grading, erosion control, and installation of a retaining wall and access path meeting
American Disabilities Act (ADA) guidelines.
Mr. Hobson noted that Custom Landscaping has worked on various phases of the
project and completed the new entry landscape, fencing and pedestrian access areas.
Custom Landscape was therefore asked to submit a proposal for the pier access work. Mr.
Hobson indicated the landscape restoration portion of the project is included in the Illinois
Department of Natural Resources grant budget and he stated that all work should be
completed by July 2, 2005.
Alderman Murgatroyd stated he is pleased to see the project nearing completion.
Motion by Murgatroyd, seconded by Wimmer, to accept Staffs recommendation to
approve the proposal for landscape improvements for access to the new fishing pier
structure at Petersen Park Waterfront Development from Custom Landscape of McHenry,
Illinois, in the amount of$6,861. '
June 13, 2005
Page 9
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR—STATEMENT AND REPORT
Mayor Low announced the Summer Band Concerts would commence on Thursday,
June 16, 2005.
She reiterated on Saturday, June 18, 2005 the following events are scheduled:
• Td Annual McHenry Kiwanis Club Soap Box Derby, from 9:00 a.m. to 6:00 p.m.;
• Miss McHenry Pageant; and
• Open House at the Garden Quarter Neighborhood Resource Center.
COMMITTEE REPORTS
Alderman Peterson, Chairman of the Parks and Recreation Committee, suggested a
Parks and Recreation Committee be tentatively scheduled on Thursday, August 8, 2005 at
6:30 p.m. in the Aldermen's Conference Room.
Alderman Wimmer, Chairman of the Public Works Committee, informed Council that
a Public Works Committee meeting has been scheduled on Monday, June 20, 2005 at
6:30 p.m. in the Aldermen's Conference Room, prior to the regular City Council meeting.
STAFF REPORTS
There were no staff reports.
FUTURE AGENDA ITEMS
No future agenda items were discussed.
EXECUTIVE SESSION: PERSONNEL
Motion by Wimmer, seconded by Condon, to adjourn to Executive Session to
discuss Personnel at 8:11 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Council convened Executive Session at 8:18 p.m.
Motion by Murgatroyd, seconded by Condon to return to Open Session at 8:55 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
�- Absent: None.
Motion carried.
June 13, 2005
Page 10
ADJOURNMENT
Motion by Peterson, seconded by Santi, to adjourn the meeting at 8:56 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
The Meeting was adjourned at 8:56 p.m.
iF MAYOR CITY CLERK
i