HomeMy WebLinkAboutMinutes - 11/19/2007 - City Council REGULAR MEETING
NOVEMBER 19, 2007
A Regular Meeting of the McHenry City Council was called to order by Mayor Low at
7:30 P.M. on Monday, November 19, 2007 in the Council Chambers of the Municipal
Center. At roll call the following Aldermen were present: Santi, Glab, Wimmer, Peterson
and Condon. Absent: Schaefer, Murgatroyd. City Staff in attendance were: City
Administrator Maxeiner, City Attorney McArdle, City Clerk Jones, Deputy City Administrator
Martin, Assistant City Administrator Hobson, Director of Finance Black, Director of Public
Works Schmitt, Chief of Police O'Meara, Director of Community Development Napolitano.
Absent: Director of Parks and Recreation Merkel.
PUBLIC INPUT SESSION — 10 MINUTE LIMITATION
There was no one who signed in to speak during the Ten Minute Public Input
Session.
CONSENT AGENDA
Alderman Peterson requested Consent Agenda Item A, 2007/2008 Snowplowing
Services for Country Club and Feger Subdivisions, be pulled for further discussion.
Motion by Wimmer, seconded by Condon, to approve the Consent Agenda as
amended:
B. Final bond reductions and acceptance of public improvements — Evergreen Park
Subdivision;
C. Final Letter of Credit reduction — Northgate West Subdivision;
D. Various text amendments Municipal Code Chapter 18;
-- E. City Council Minutes:
November 5, 2007 regularly scheduled meeting;
F. List of Bills:
A-1 CONCRETE LEVELING 1,740.00
ADAMS STEEL SERVICE INC 2,916.56
ALEXANDER LUMBER CO 175.55
ANCHOR INDUSTRIES INC 3,189.12
ARAMARK WORK APPAREL & U 313.74
ASPECT DESIGN INC 2,000.00
BASTIAN, THOMAS P 945.00
BAXTER & WOODMAN 502.09
BERG, ANNA 50.00
BUILDING & FIRE CODE ACA 255.00
BUSS FORD SALES 14.56
CARQUEST AUTO PARTS STOR 1,820.97
CENTEGRA OCCUPATIONAL ME 990.20
CERTIFIED SERVICES INC 14.80
CHAPEL HILL FLORIST INC 79.00
CHEMICAL PUMP SALES AND 199.50
CINTAS CORPORATION #355 906.78
CITIZENS POLICE ACADEMY 166.33
CRAFT CONCRETE PRODUCTS 519.00
CURRAN CONTRACTING COMPA 2,296.69
D'ANGELO NATURAL SPRING 45.00
DAVEY TREE EXPERT COMPAN 11F050.00
DIRECT DESIGN CONST MGMT 500.00
DOWE & WAGNER INC 31.00
ED'S RENTAL & SALES INC 90.00
EDER CASELLA & CO 13,050.00
FAST EDDIES CAR WASH 165.40
1- FLESCH COMPANY INC, GORD 86.66
FOXCROFT MEADOWS INC 1,013.00
GASVODA & ASSOCIATES INC 1,418.92
GREAT LAKES FIRE & SAFET 167.00
November 19, 2007
Page 2
HARKER, MAUREEN 1,030.00
HOGAN ROOFING 4,900.00
HORNING, LYNNETTE 25.00
HYDRAULIC SERVICES AND R 14.55
ILLINOIS ASSOCIATION OF 480.00
ILLINOIS MUNICIPAL LEAGU 1,446.00
ILLINOIS TAX INCREMENT A 375.00
JOHNSBURG BOWL 840.00
KALE UNIFORMS INC 185.58
KIMBALL MIDWEST 191.24
KTD INC 554.53
LANG PONTIAC-CADILLAC-SU 24.86
MCANDREWS PC, THE LAW OF 6,800.00
MCCANN INDUSTRIES INC 25.28
MCHENRY ANALYTICAL WATER 125.00
MCHENRY COMMUNITY HIGH S 15,356.00
MCHENRY COMMUNITY SCHOOL 21,074.00
MCHENRY COUNTY RECORDER 391.50
MCHENRY FIRESTONE 1,016.00
MCHENRY PUBLIC LIBRARY 1,205.00
MCHENRY TOWNSHIP FIRE PR 334.00
NICOLET SCENIC TOURS 7,275.00
OTTOSEN BRITZ KELLY COOP 2,310.00
PADDOCK, EDNA 1,500.00
PAYLINE WEST INC 31.40
PETROLIANCE LLC 5,429.93
PRIME TACK & SEAL CO 699.06
RELIABLE SAND & GRAVEL 2,712.85
RIVERSIDE ANIMAL CLINIC 86.00
RIVERSIDE BAKE SHOP 92.76
ROC CONSTRUCTION SUPPLY 38.28
SCHULDT, BRANDY 48.69
SEC GROUP INC 495.00
SHERMAN BENEFIT MANAGER 380.55
SHERMAN MECHANICAL INC 661.58
SPORTSMANS CHOICE 200.00
STANS OFFICE TECHNOLOGIE 604.70
STAPLES BUSINESS ADVANTA 89.99
STATE OF ILLINOIS DEPT 0 17,240.00
STONE, TANYA L 210.09
TEMCO MACHINERY INC 367.90
TOPS IN DOG TRAINING COR 354.00
TRAFFIC CONTROL & PROTEC 1,100.43
TURF PROFESSIONALS EQUIP 115.87
ULTRA STROBE COMMUNICAIT 2,825.20
UNITED LABORATORIES 156.63
UNITED PARCEL SERVICE 27.73
VERIZON WIRELESS 110.08
VIKING CHEMICAL COMPANY_ 4,216.36
WASTE MANAGEMENT OF WI P 7,674.65
ZMT INC 645.00
GRAND TOTALS 160,805.14
FUND TOTALS
GENERAL FUND 68,239.82
BAND FUND 17,240.00
AUDIT EXPENSE FUND 12,450.00
ANNEXATION FUND 37,969.00
DEVELOPER DONATION FUND 3,189.12
TIF FUND 600.00
CAPITAL IMPROVEMENTS FUND 2,000.00
WATER/SEWER FUND 16,494.46
RISK MANAGEMENT FUND 650.57
INFORMATION TECHNOLOGY FUND 397.08
RETAINED PERSONNEL ESCROW 1,575.09
TOTALS 160,805.14
i
Voting Aye: Santi, Glab, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Schaefer, Murgatroyd.
Motion carried.
November 19, 2007
Page 3
CONSENT AGENDA ITEM A: 2007/2008 SNOWPLOWING SERVICES FOR COUNTRY
CLUB AND FEGER SUBDIVISIONS
Alderman Peterson inquired as to the percent of increase in the fees being assessed
to the two subdivisions over last year's amount. Director of Finance Black responded the
amount includes a 5% increase in the fee for the first twenty passes and an overtime rate
increase of between 5-6%.
City Administrator Maxeiner noted the number of passes through the subdivision is
determined by the snow event.
Alderman Peterson stated he has an issue with only a 5% increase and noted this
would cause a burden on the City staff to plow the streets not within the corporate limits. He
suggested all non-residential street plowing should be done based on overtime staff rates.
Alderman Peterson further noted that if the amounts were computed based on overtime
rates, the cost would be $1,900 for Country Club Subdivision and the rates for Feger
Subdivision should increase by an additional 10%. Alderman Peterson stated the cost for
plowing these subdivision should more closely reflect the high cost of gasoline prices and
the wear and tear on City equipment. The amount being assessed to these subdivisions
should be more realistic.
Alderman Glab concurred with Alderman Peterson. He noted in theory the
information provided regarding the request is accurate. However, he expressed concern
that Staff be aware of the use and should be cognizant of the services being provided to
non-residents. Alderman Glab suggested further discussion occur at the committee level
regarding the request for services.
Alderman Condon requested clarification regarding the fee structure for the services.
Director Black responded Staff suggested a flat rate for the first 19 passes within the
subdivision. Any services beyond the first 19 passes are based on a charge/pass basis.
Alderman Condon stated she appreciates Alderman Peterson's perspective regarding the
provision of service to local taxpayers and citizens, but noted it is important to be a good
neighbor.
City Administrator Maxeiner stated using assumptions regarding rates cannot assure
Council that the City would break even in providing the services to the two subdivisions. He
further noted past minutes indicate previous City Councils believed it to be relevant to
provide these services.
Alderman Peterson stated he believes the overtime rate should be charged when
plowing these subdivisions. He stated he would like to see one rate established for plowing
areas outside of the City limits.
Alderman Glab stated he would support further discussion at a committee meeting.
Alderman Peterson noted he does not feel comfortable voting on this issue before
1 the matter is resolved.
November 19, 2007
Page 4
Motion by Wimmer, seconded by Glab, to approve 2007/2008 snowplowing services
for Feger and Country Club Subdivisions as follows, subject to the matter being discussed
in depth at the committee level prior to presentation before Council for the 2008/2009
season:
Country Club Subdivision $1,571/20 passes plus$85.84/hr or$99.48/hr OT per pass in excess of 20 per season
Feger Subdivision $1,717/20 passes plus$85.84/hr or$99.48/hr OT per pass in excess of 20 per season.
Voting Aye: Santi, Glab, Wimmer, Condon.
Voting Nay: Peterson.
Absent: Schaefer, Murgatroyd.
Motion carried.
ORDINANCE GRANTING CONDITIONAL USE PERMIT AND VARIANCE FOR COFFEE
KIOSK— 3706 WEST ELM STREET
In attendance were applicants Michael and Mary Gibbard.
Director of Community Development Napolitano stated applicants Michael and Mary
Gibbard have requested a conditional use permit and variance to operate a coffee kiosk at
the location of the former Napoli Pizza, 3706 West Elm Street. The request includes a
conditional use permit to allow two drive-up windows on the premises as well as a variance
to permit a reduction in the required number of stacking spaces from ten to nine.
Director Napolitano stated the Planning and Zoning Commission considered the
request at its regularly scheduled November 1, 2007 meeting and unanimously
recommended approval subject to the condition that adequate pavement striping and
signage be provided to direct onsite traffic flow.
Alderman Peterson stated this is not what he would like to have seen as new
development in the TIF District. However, he noted this would not be a permanent
structure, and he would support the request.
Alderman Condon expressed concerns with stacking space and the issue of not
being able to escape the drive-up lane.
Alderman Santi stated he has some concerns but would like to see the property
redeveloped. He stated he appreciates Alderman Condon's concerns with onsite traffic
flow, stacking and escape route from the drive-up lane.
Alderman Glab stated he believes the sign for the business which is no longer in
service (Napoli Pizza) should have been addressed prior to the applicants approaching
Council regarding the development of a new business on the site.
Alderman Peterson noted one of the exits from the site is onto Millstream Drive and _
stated he would like to see the parking increased to accommodate additional traffic to the
site. Alderman Peterson recognized, however, that the matter of additional parking could
not be addressed at this evening's meeting.
Mayor Low stated she is glad to see the site being redeveloped.
November 19, 2007
Page 5
City Administrator Maxeiner stated the subject property is close to the TIF District,
however, it is not located within the TIF District.
Motion by Peterson, seconded by Santi, to accept the unanimous recommendation
of the Planning and Zoning Commission, to pass an ordinance granting a conditional use
permit and variance to allow the operation of a coffee kiosk with two drive-up windows for
the property located at 3706 West Elm Street, subject to the condition that adequate
pavement striping and signage be provided to direct onsite traffic flow.
Voting Aye: Santi, Glab, Wimmer, Peterson.
Voting Nay: Condon.
Absent: Schaefer, Murgatroyd.
Motion carried.
REQUEST FOR CLASS A LIQUOR LICENSE FROM LAS PALMAS OF MCHENRY INC.
D/B/A LAS_PALMAS MEXICAN RESTAURANT & BAR. 209 NORTH FRONT STREET
AND ORDINANCE INCREASING THE NUMBER OF CLASS A LIQUOR LICENSES
FROM 26 TO 27
In attendance was Mr. John Alex Abt.
Mayor Low stated an application was received from John Alex Abt, President of Las
Palmas of McHenry Inc. seeking a Class A liquor license for his facility to be located at 209
North Front Street, formerly the Truszkowski Bakery and Deli. Mayor Low stated Mr. Abt
submitted all of the paperwork, paid the appropriate fee and has been fingerprinted as
required by ordinance. Mayor Low stated it is her recommendation as Liquor Commissioner
to approve the issuance of a Class A Liquor License to Las Palmas of McHenry Inc. d/b/a
Las Palmas Mexican Restaurant & Bar, and to pass an ordinance increasing the number of
Class A Liquor Licenses from 26 to 27.
Alderman Condon opined the business is a welcome addition to the community.
Responding to Alderman Santi's inquiry, Mr. Abt stated he hopes to open in May or
June 2008. Alderman Santi noted he is looking-forward to its opening.
Motion by Condon, seconded by Santi, to accept the Mayor's recommendation to
approve the issuance of a Class A Liquor License to Las Palmas of McHenry Inc. d/b/a Las
Palmas Mexican Restaurant & Bar, located at 209 North Front Street, subject to
satisfactory fingerprinting results, and to pass an ordinance increasing the number of Class
A Liquor Licenses from 26 to 27.
Voting Aye: Santi, Glab, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Schaefer, Murgatroyd.
Motion carried.
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November 19, 2007
Page 6
COMMITTEE RECOMMENDATION: APPROVE AN ORDINANCE AMENDING
MUNICIPAL CODE CHAPTER 7. ARTICLE XI RELATING TO FENCES
Director Napolitano stated the Council, over the past several years, has frequently
heard requests for fence variances, particularly on double frontage lots. Council has
typically approved the variances, largely due to noise and safety issues resulting from the
lots having frontage on two streets. Consequently, Council directed the Community
Development Committee to review the fence standards and to consider allowing fences on
double frontage lots.
Director Napolitano noted the Committee extensively reviewed the fence standards
and has recommended allowing fences to be placed on double frontage lots subject to the
following conditions:
1) Vehicular access to the lot must be limited to one street only and a fence would
be allowed in the yard that does not provide vehicular access;
2) No chain link style fencing would be allowed; styles such as board-on-board, solid
wood, or vinyl are acceptable;
3) Maximum height of fence shall be six feet.
Alderman Condon noted the Committee had concerns that so many double frontage
lots already exist in town. The Committee expressed its desire that Staff encourage
developers to eliminate double frontage lots from future subdivision development plans.
Alderman Condon also clarified that the Committee wanted to ensure that fence restrictions
recorded on plats of subdivision are to be honored, such as a restriction prohibiting fencing
along Crystal Lake Road.
Alderman Glab inquired about chain link fences and asked if the ordinance would be
worded to prohibit their installation on double frontage lots. Director Napolitano noted chain
link fencing would not be allowed. Alderman Glab opined there are some nice looking chain
link fences. He suggested the proposed ordinance is ambiguous. He noted the fencing
material is not the issue. The issue is maintenance. The proposed language is too
restrictive and he stated he cannot support the text amendment.
Alderman Peterson stated he would prefer the ordinance to be more restrictive.
Alderman Condon noted both privacy and ornamental fencing were discussed at the
Committee. The Committee ascertained what the residents wanted was privacy. It was the
consensus of the Committee that if the resident wanted an ornamental fence, it would be
considered by Council on a case by case basis.
Alderman Peterson inquired if the amended fence ordinance could be over-ridden by
the terms of an annexation agreement. Director Napolitano responded in the affirmative. He
noted Council has a lot of control during the annexation negotiation process.
Motion by Condon, seconded by Santi, to accept the recommendation of the
Community Development Committee to pass an ordinance amending the fencing
regulations for double frontage lots as presented.
November 19, 2007
Page 7
Voting Aye: Santi, Wimmer, Peterson, Condon.
Voting Nay: Glab.
Absent: Schaefer, Murgatroyd.
Motion carried.
MAYOR— STATEMENT AND REPORT
Mayor Low wished all a Happy Thanksgiving.
Mayor Low stated the community was blessed with volunteerism. More than 300
motorcycles participated in the Toys for Tots event on Sunday, November 18, 2007.
Mayor Low commended Assistant City Administrator Hobson on the smooth running
events on Sunday.
Mayor Low announced the Kiwanis Steak Fry held on Saturday and chaired by
Alderman Peterson was a great success.
COMMITTEE REPORTS
There were no Committee Reports.
STAFF REPORTS
City Administrator Maxeiner announced the intersection of Oak and Orleans would
be closed intermittently throughout the day on Tuesday, November 20, 2007 to
accommodate the installation of sanitary sewer for the industrial building being constructed
at the southwest corner of the intersection.
FUTURE AGENDA ITEMS
There were no Future Agenda Items discussed.
EXECUTIVE SESSION: PERSONNEL
Motion by Wimmer, seconded by Santi, to go into Executive Session to discuss
Personnel at 8:25 p.m.
Voting Aye: Santi, Glab, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Schaefer, Murgatroyd.
Motion carried.
Council went into Executive Session at 8:31 p.m.
Motion by Wimmer, seconded by Santi, to go back into Open Session at 8:54 p.m.
Voting Aye: Santi, Glab, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Schaefer, Murgatroyd.
Motion carried.
Council went back into Open Session at 8:54 p.m.
November 19, 2007
Page 8
OPEN SESSION REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION �-
Motion by Peterson, seconded by Santi, to change the status of the existing teaching
staff of the Munchkin Pre-School Program to part time with benefits and to authorize Staff
to increase program fees beginning Fall of 2008 to cover the additional cost of the program.
Voting Aye: Santi, Glab, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Schaefer, Murgatroyd.
Motion carried.
Alderman Peterson stated this is a good course of action.
Alderman Condon noted the change is a tribute to the teaching staff.
Alderman Santi concurred with Aldermen Peterson and Condon.
City Administrator Maxeiner introduced Alice Arnet and her husband. Ms. Arnet is
the head teacher of the Munchkin Pre-School Program.
ADJOURNMENT
Motion by Peterson, seconded by Condon, to adjourn the meeting at 8:56 p.m.
Voting Aye: Santi, Glab, Wimmer, Peterson, Condon. "
Voting Nay: None.
Absent: Schaefer, Murgatroyd.
Motion carried.
T Meeting was adjourn d at 8:56 p.m.
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