HomeMy WebLinkAboutMinutes - 03/06/2006 - City Council REGULAR MEETING
MARCH 6, 2006
The Regular Meeting of the McHenry City Council was called to order by Mayor Low
at 7:30 P.M. on Monday, March 6, 2006 in the Council Chambers of the Municipal Center.
At roll call the following Aldermen were present: Santi, Glab, Schaefer, Wimmer, Peterson,
and Condon. Absent: Murgatroyd. City Staff in attendance were: City Administrator
Maxeiner, Assistant City Administrator Martin, City Attorney McArdle, Chief of Police
O'Meara. Director of Community Development Napolitano, Director of Public Works
Marcinko, Community Relations Management Assistant Hobson, and Director of Finance
Shields, Director of Parks and Recreation Merkel. Absent: City Clerk Jones.
TEN MINUTE PUBLIC INPUT SESSION
Vince Nett of 405 North River Road addressed Council regarding police
misconduct. Mr. Nett stated he was assaulted in a local restaurant. Mr. Nett advised the
reporting police officer he wished to file a complaint. He summarized the incident and
indicated he wished to make a complaint regarding the way he was treated by security
personnel at Northern Illinois Medical Center and by the McHenry City Police Department
Officers. To date, no formal action has been taken.
CONSENT AGENDA
Alderman Peterson requested Consent Agenda Item A(2) Approval of City Council
Minutes of the February 13, 2006 regularly scheduled meeting be removed for correction
prior to approval.
Motion by Peterson, seconded by Schaefer, to approve the Consent Agenda as
amended:
A. Approve City Council Minutes:
1. February 20, 2006 regularly scheduled meeting;
3. December 19, 2005 regularly scheduled meeting;
4. December 12, 2005 regularly scheduled meeting;
5. December 5, 2005 regularly scheduled meeting;
6. November 21, 2005 regularly scheduled meeting;
7. November 14, 2005 regularly scheduled meeting;
8. October 3, 2005 regularly scheduled meeting;
9. August 29, 2005 regularly scheduled meeting;
B. Recommendation to release Letter of Credit for Northgate West
Development contingent upon receipt of construction guarantee in the
amount of $5,250 and a maintenance guarantee in the amount of
$230,137.12;
C. Parks and Recreation Special Use/Picnic Permits;
D. Ordinance authorizing the donation of surplus property to the Village
of Johnsburg and the Village of McCullom Lake;
E. 2006/2007 Lease Agreement with D's Marine Service, 3302 West
Waukegan Road.
Voting Aye: Santi, Glab, Schaefer, Wimmer, Peterson, Condon.
Voting Nay: None.
AP rit: Murgatroyd.
March 6, 2006
Page 2
Motion carried. '�-
CONSENT AGENDA ITEM A(2) APPROVAL OF MINUTES OF THE FEBRUARY 13
2006 REGULARLY SCHEDULED COUNCIL MEETING
Alderman Peterson requested the language on page 4, paragraph 3, regarding the
ownership of Maryetta Lane be changed. Alderman Peterson stated his reference was to
"not being comfortable without a judge's decision regarding Maryetta Lane ownership".
Motion by Peterson, seconded by Condon, to approve the Minutes of the February
13, 2006 regularly scheduled Council Meeting as amended.
Voting Aye: Santi, Glab, Schaefer, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Murgatroyd.
Motion carried.
REQUEST FROM KIWANIS CLUB OF MCHENRY TO BLOCK A CERTAIN_PORTION OF
GREEN STREET AND TO DIRECT STAFF TO ASSIST IN THE FOURTH ANNUAL
SOAP BOX DERBY EVENT ON SATURDAY, JUNE 17, 2006
Management Assistant for Community Relations Hobson stated the McHenry
Kiwanis Club is seeking Council support of their Fourth Annual Soap Box Derby Event
which involves the intermittent closure of a portion of Green Street. The Kiwanis are also
seeking Staff support and assistance for the provision of police officers, signage,
barricades, bleachers, refuse disposal containers, reviewing stand, and public address
system for the event.
Management Assistant Hobson stated this year's event will not include a car show.
However, an additional class of soap box derby cars has been included which should level
out the timing of the laps being run in the event.
Motion by Santi, seconded by Schaefer, to accept Staffs recommendation to:
• approve the request to block off certain portions of Green Street on an intermittent
basis for the Kiwanis Fourth Annual Soap Box Derby to be held on June 17, 2006;
• approve a practice event to be held on June 3, 2006; and
• direct Staff to provide assistance for the event including police officers, signage,
barricades, bleachers, refuse disposal containers, reviewing stand, and public
address system.
Voting Aye: Santi, Glab, Schaefer, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Murgatroyd.
Motion carried.
REQUEST FOR CLASS F(1) LIQUOR LICENSE FROM CORKSCREW POINTE INC
D/B/A CORKSCREW POINTE, 1402 NORTH RIVERSIDE DRIVE: AND APPROVAL OF
AN ORDINANCE INCREASING THE NUMBER OF CLASS F(1) LIQUOR LICENSES
March 6, 2006
Page 3
FROM THREE (3) TO FOUR (4)
Mayor Low stated she has met with the applicants for Corkscrew Pointe who are
requesting a Class F(1) Liquor License for their new business located at 1402 North
Riverside Drive. All necessary paperwork and fees have been paid. The applicants have
submitted to required fingerprinting. Mayor Low stated she recommends approval of the
Liquor License as well as an ordinance providing for an increase in Class F(1) Liquor
Licenses from three (3) to four(4).
Motion by Condon, seconded by Santi, to accept the Mayor's recommendation to:
• approve a Class F(1) Liquor License for Corkscrew Pointe for their business
located at 1402 North Riverside Drive pending results of the required
fingerprinting and that all employees involved in the sale/service of alcoholic
beverages attend BASSETT training class; and
• approve an ordinance increasing the number of Class F(1) Liquor Licenses
from three (3) to four(4).
Voting Aye: Santi, Glab, Schaefer, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Murgatroyd.
Motion carried.
REQUEST FOR A CONDITIONAL USE PERMIT FOR A DRIVE-THRU FACILITY AT
2182-2210 WEST ROUTE 120— MD DEVELOPMENT
Director of Community Development Napolitano reminded Council this matter was
last considered by Council on February 20, 2006 at its regularly scheduled meeting. At that
time, Staff was directed to draft a specific list of approved uses for the requested drive-thru
facility at 2182-2210 West Route 120 requested by MD Development. Director Napolitano
stated Staff believes allowable uses should include:
• ice cream, donut, yogurt, candy, nut and popcorn shops;
• dry cleaners, with no on-site processing;
• coffee, tea and other non-alcoholic beverage shops;
• video rental;
• photo shops; and
• small drive-thru restaurant.
Director Napolitano noted Staff has determined a typical fast-food restaurant would
not locate at this site as it is not large enough. Director Napolitano stated the applicant has
concurred with Staffs recommendation and will agree to the specified uses for the
requested conditional use permit.
In response to Alderman Santi's inquiry, Applicant Michael Baglio stated there
would be only one window for the drive-thru. It would be used for both ordering and pickup.
Stacking area would prohibit having two windows at the facility.
ti Alderman Glab stated he was not comfortable approving a conditional use for a
drive-thru facility when the specific use is unknown. Responding to an inquiry, Mr. Baglio
stated he has no possible tenants at this time. A brief discussion followed regarding the
March 6, 2006
Page 4
expiration of the conditional use if not utilized for a period of one year or more.
Motion by Schaefer, seconded by Santi, to accept Staffs recommendation to pass
an ordinance granting a conditional use permit for a drive-thru facility to MD Development
for their project located at 2182-2210 West Route 120, limited to the following uses:
• ice cream, donut, yogurt, candy, nut and popcorn shops;
• dry cleaners, with no on-site processing;
• coffee, tea and other non-alcoholic beverage shops;
• video rental;
• photo shops; and
• small drive-thru restaurant.
Voting Aye: Santi, Schaefer, Wimmer, Peterson, Condon.
Voting Nay: Glab.
Absent: Murgatroyd.
Notion carried.
REQUEST TO WAIVE BID REQUIREMENTS FOR RIVERWALK PHASE I BOULDER
AND BEDDING INSTALLATION AND ENTER INTO A CONTRACT WITH ALLIANCE
CONTRACTORS FOR $84,363.50 -—"
Management Assistant Hobson reported the Riverwalk Phase I boulder and bedding
installation in preparation for the seawall is time-sensitive as the Boone Creek water level
is low at this time. The Fox Waterway Agency will open the locks causing the water
elevation to rise sometime in April. Management Assistant Hobson noted City Engineers
have sought three quotes for this project with the lowest being submitted by Alliance
Contractors. Staff is seeking Council authorization to waive the bidding requirements and
to accept the quote submitted by Alliance Contractors for this project in the amount of
$84,363.50.
In response to Alderman Peterson's inquiry, Management Assistant Hobson stated
as Alliance Contractors is also repairing the seawall following the boulder and bedding
installation, the project should be completed in two to three weeks. Alderman Peterson
opined the cost for the project seems reasonable, particularly in light of the fact that three
quotes were sought and Alliance Contractors came in with the lowest amount.
Alderman Condon expressed her pleasure in the Riverwalk Project coming to
fruition after so many years in the planning.
Alderman Santi concurred with Alderman Peterson regarding the proposed cost for
this portion of the project. Responding to an inquiry, City Engineer Robert Wegener stated _
the river locks will re-open in the spring; however, the exact date is unknown and
dependent upon the amount of rain sustained in the area.
Motion by Schaefer, seconded by Santi, to accept Staffs recommendation to enter
into a contract with Alliance Contractors for the Riverwalk Phase I boulder and bedding
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Page 5
installation in the amount not-to-exceed $84,363.50.
Voting Aye: Santi, Glab, Schaefer, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Murgatroyd.
Motion carried.
ADDENDUM NO 1 ENGINEERING SERVICES AGREEMENT FOR WATER STORAGE
TANK NO 4 CONSTRUCTION SERVICES IN THE AMOUNT OF $20,092 50 — SMITH
ENGINEERING SERVICES
Director of Public Works Marcinko reported Staff is seeking authorization to
approve an addendum to the Engineering Services Agreement with Smith Engineering for
construction services regarding water storage tank number 4 in the amount of $20,092.50.
Due to changes in the original contract and associated services, the addendum is being
requested. Director Marcinko noted the City will recoup almost $19,000 from the monies
expended by this addendum.
Responding to Alderman Santi's inquiry, Director Marcinko noted this facility is the
City's first one million gallon elevated water storage tank. He stated Tank No 3 located in
Adams Commercial Centre has a 750-million gallon capacity.
Motion by Wimmer, seconded by Peterson, to accept Staffs recommendation to
approve Addendum No 1 to the Engineering Services Agreement for Water Storage Tank
No 4 Construction Services with Smith Engineering Consultants in an amount not-to-
exceed $20,092.50.
Voting Aye: Santi, Glab, Schaefer, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Murgatroyd.
Motion carried.
MAYOR— STATEMENT AND REPORT
Mayor Low reported Mayor Ila Bauer of Round Lake Park passed away last
evening. Mayor Low publicly expressed the City of McHenry's heartfelt sympathy to the
family and community on their loss. Mayor Low noted Mayor Bauer initiated the
CHARACTER COUNTS! Program in Round Lake Park which provided the foundation for
the City of McHenry Coalition and she would be forever grateful for her leadership and
friendship.
COMMITTEE REPORTS
Parks and Recreation Committee Chairman Alderman Peterson reported a Parks
and Recreation Committee Meeting has been scheduled for Wednesday, March 8, 2006 at
7:00 p.m. in the Aldermen's Conference Room.
Chairman Alderman Peterson also noted the Open House Kick-off for the Parks and
'�- Recreation Master Plan is scheduled for Thursday, March 9, 2006 from 6:30 p.m. until 9:30
p.m. in the Council Chambers.
March 6, 2006
Page 6
STAFF REPORTS
City Administrator Maxeiner reported the Police Department will conduct a live'test
of all emergency sirens tomorrow morning, Tuesday, March 7, 2006 at 10:00 a.m.
City Administrator Maxeiner also reported the Riverwalk repairs and seawall
construction will begin Tuesday morning, March 7, 2006.
Finally, City Administrator Maxeiner reported extensive progress had been made
with the federal mediator in discussions regarding Collective Bargaining and,
consequently, the need for Executive Session to discuss Collective Bargaining this
evening has been nullified.
FUTURE AGENDA ITEMS
Alderman Glab inquired as to the excavating currently underway south of Church of
Holy Apostles and requested assurance it is being done with benefit of a permit being
granted. Director Napolitano responded the only work being done on these premises is
under the auspices of the Site Development Permit.
ADJOURNMENT
Motion by Wimmer, seconded by Santi, to adjourn the meeting at 8:05 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
The Meeting was adjourned at 8:05 p.m.
MAYOR DEPUTY CITY CLERK