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HomeMy WebLinkAboutMinutes - 07/16/2007 - City Council REGULAR MEETING JULY 16, 2007 A Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, July 16, 2007 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Santi, Glab, Schaefer, Wimmer, Peterson and Condon. Absent: Alderman Murgatroyd arrived at 7:36 p.m. City Staff in attendance were: City Administrator Maxeiner, City Attorney McArdle, City Clerk Jones, Deputy City Administrator Martin, Assistant City Administrator Hobson, Chief of Police O'Meara, Director of Community Development Napolitano, Director of Finance Black, Director of Public Works Schmitt. Absent: Director of Parks and Recreation Merkel. PUBLIC HEARING: 2007/2000 APPROPRIATION ORDINANCE Mayor Low opened the Public Hearing at 7:33 p.m. to discuss the 2007/2008 Appropriation Ordinance. Director of Finance Black stated the purpose of the appropriation ordinance is to provide the legal authority for the allocation of funds required for specific spending approved in the City's budget. The appropriation ordinance must be approved by the end of the first quarter and filed with the County Clerk no later than 30 days following its adoption. City Administrator Maxeiner informed Council there was an omission in the Capital Projects Funds and the total amount of the Appropriation Ordinance has been amended to $48,421,292. In response to Mayor Lows inquiry there were no comments or questions from the audience regarding the appropriation ordinance. City Clerk Jones stated no written or verbal comments had been received in the City Clerk's Office following the publication of the notice regarding tonight's Public Hearing. Motion by Wimmer, seconded by Schaefer, to close the Public Hearing at 7:35 p.m. Voting Aye: Santi, Glab, Schaefer, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Murgatroyd. Motion carried. Motion by Condon, seconded by Santi, to approve the 2007/2008 Appropriation Ordinance in the amount of$48,421,292. Voting Aye: Santi, Glab, Schaefer, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Murgatroyd. Motion carried. Alderman Murgatroyd arrived at 7:36 p.m. t July, 16 2007 Page 2 PUBLIC INPUT SESSION — 10 MINUTE LIMITATION Diana Mantzoros of 1904 Oak Drive addressed Council regarding water main issues and noted she is still experiencing problems with the City's main adjacent to her property. Ms. Mantzoros also expressed her displeasure with the "No Parking" signs placed along Oak Drive on July 3`d for the annual Fourth of July Fireworks event, She stated no one was able to park anywhere and emergency vehicles were not able to get through should the need require them. CONSENT AGENDA Motion by Schaefer, seconded by Murgatroyd, to approve the Consent Agenda as presented: A. Purchase of program/use car for Police Department from Gary Lang Auto Group, $14,500; B. Final pay request for Creekside Park and Malibu Tot Lot renovations — Reil Construction Inc., $9,458; C. Ordinance approving various amendments to Municipal Code Chapter 6; D. Ordinance approving various amendments to Municipal Code Chapter 7; E. City Council Minutes: July 9, 2007 regularly scheduled meeting; F. Block Party requests: Kali Ogden, Boone Creek Subdivision, August 11, 2007 Craig Adams, Whispering Oaks Subdivision, September 16, 2007 G. List of Bills: ACE HARDWARE, BJORKMAN'S 2,991.36 ADAMS ENTERPRISES INC, R 127.01 AEGIS PROTECTION GROUP I 248.50 AFTERMATH INC 245.00 AG PLUMBING 3,700.00 ALEXANDER CHEMICAL CORP 2,941.40 ALEXANDER EQUIPMENT COMP 38,912.50 ALEXANDER LUMBER CO 656.59 ALLIANCE CONTRACTORS INC 502,536.75 ALLSTEEL INC 4,398.54 AMERICAN PLANNING ASSOCI 764.00 ARAMARK WORK APPAREL & U 288.71 AT&T 2,502.17 B&W CONTROL SYSTEMS INTE 6,144.94 BANK OF NEW YORK, THE 225.00 BASTIAN, THOMAS P 1,165.00 BAXTER & WOODMAN 1,892.55 BUSS FORD SALES 280.00 CARQUEST AUTO PARTS STOR 918.20 CDW GOVERNMENT INC 76,188.69 CHAPMAN AND CUTLER 12,000.00 CINTAS CORPORATION #355 910.17 CLIFFORD-WALD 91.83 COMED 23,225.38 COMMUNICATIONS REVOLVING 115.00 CONSTELLATION NEWENERGY 13,514.15 CURRAN CONTRACTING COMPA 1,013.16 CUSTOM LANDSCAPING 2,412.40 D'ANGELO NATURAL SPRING 50.75 D'S MARINE SERVICE INC 26.93 DOMINICK, ELIZABETH 80.00 ED'S AUTOMOTIVE/JIM'S MU 168.00 - FAST EDDIES CAR WASH 49.80 FEDEX 101.60 FISCHER BROS FRESH 1,705.26 FISHER, MARC 35.85 FOXCROFT MEADOWS INC 208.50 FREELOVE, JULIE 43.00 FRIEDLE, JEFFREY 1,414.81 July, 16 2007 Page 3 GOLD MEDAL PRODUCTS 2,105.85 GOLDIE'S CAFE 30.00 GREAT LAKES FIRE S SAFET 22.95 GROWER EQUIPMENT 5 SUPPL 245.00 HACH COMPANY 41.20 HANSEN'S ALIGNMENT, DON 65.00 HAPPY JACK'S 60.00 HD SUPPLY WATERWORKS 252.00 HEINTZELMAN, JULIE 140.00 HORSFALL, KIM 45.00 ILLINOIS AUDIO PRODUCTIO 198.00 ILLINOIS EPA 30,000.00 INNOVATIVE PACKAGING INC 188.00 KALE UNIFORMS INC 359.30 KIMBALL HILL HOMES 15,322.50 KIMBALL MIDWEST 479.32 KONIECZNY, KRISTEN 120.00 KTD INC 246.83 MAD SCIENCE OF MCHENRY C 2,490.00 MARATHON TOWING 25.00 MCANDREWS PC, THE LAW OF 6,800.00 MCH CTY MUNICIPAL RISK M 518,676.00 MCHENRY COMMUNITY HIGH S 149,908.70 MCHENRY COMMUNITY SCHOOL 272,302.30 MCHENRY COUNTY RECORDER 205.00 MCHENRY FIRESTONE 298.00 MCHENRY NAPA 1,041.89 MCHENRY POLICE PENSION F 231,020.80 MCHENRY PUBLIC LIBRARY 37,555.00 MCHENRY SAVINGS BANK 60.00 MCHENRY SPECIALTIES 53.50 MCHENRY STORAGE, THE 580.00 MCHENRY TOWNSHIP FIRE PR 37,385.00 MCKEEN, BRIAN J 15.87 MEYER MATERIAL COMPANY 1,417.70 MID AMERICAN WATER OF WA 1,479.00 MIDCO 255.00 MILLER MONUMENT COMPANY 85.70 MINUTEMAN PRESS OF MCH 1,122.02 MOODY'S INVESTORS SERVIC 4,000.00 MORRIE AND SONS INC 140.55 NACHOWICZ, MICHELLE 50.00 NEXTEL COMMUNICATIONS 2,367.59 NICOR GAS 1,421.13 NIEMAN, ERIN 102.21 NORTHWEST NEWS GROUP OF 2,492.90 OTIS ELEVATOR COMPANY 615.06 OTTOSEN BRITZ KELLY COOP 577.50 PACE 9,374.29 PATTEN INDUSTRIES INC 318.86 PAYLINE WEST INC 317.73 PEARSON, JAMES 300.00 PECHOUS, ROGER 24.35 PEPSI-COLA GENL BOT 1,128.50 PERRICON GARDEN CENTER 6 380.00 PETROLIANCE LLC 6,572.23 REBARS 6 STEEL COMPANY 1,100.00 RECREATION SUPPLY CO 114.60 RELIABLE SAND S GRAVEL 223.75 REWIAKO, RICHARD 24.00 RIVERSIDE BAKE SHOP 96.78 RUSHING, RHONDA F LANG- 52.61 SASAK, TODD 120.56 SCHAFER, PAT 9.29 SCHWEITZER, BRIAN H 150.00 SEC GROUP INC 253,278.17 SEMROW JR, HARRY H 812.50 SERPE, ROBERTA 85.00 SHARPE, TIMOTHY W 1,500.00 SHERMAN BENEFIT MANAGER 207.70 SHERMAN MECHANICAL INC 180.00 SPRI PRODUCTS INC 69.78 STANS OFFICE TECHNOLOGIE 2,323.00 STAPLES BUSINESS ADVANTA 240.23 STULL, RICH 117.94 SWIFT CO INC, JOHN S 3,216.00 SZEKERES, KRISTY 45.00 July, 16 2007 Page 4 TAYLOR STREET PIZZA 60.00 TEAM REIL INC 1,522.50 TOWN & COUNTRY HOMES 43,923.00 TRAFFIC CONTROL & PROTEC 4,246.81 TURF PROFESSIONALS EQUIP 471.16 ULTRA STROBE COMMUNICAIT 169.99 UNITED LABORATORIES 507.28 USA BLUEBOOK 452.67 VELEZ, JENNIFER L 220.75 VIKING CHEMICAL COMPANY 1,668.50 VLCEK, PEGGY 45.03 WATER PRODUCTS - AURORA 7,422.00 WATER SOLUTIONS UNLIMITE 2,860.00 WELLS FARGO BANK NA 490.21 WEST GROUP PAYMENT CENTE 85.00 WHOLESALE DIRECT INC 154.91 ZARNEK, THOMAS 30.00 ZHENG, HUAI 85.00 ZIEBELL WATER SERVICE PR 8.32 ZMT INC 1,686.46 GRAND TOTALS 2,377,250.53 FUND TOTALS GENERAL FUND 408,503.00 ANNEXATION FUND 39,604.00 DEVELOPER DONATION FUND 494,278.00 TIF FUND 510,903.85 DEBT SERVICE-1997A FUND 225.00 CAPITAL IMPROVEMENTS FUND 90,576.67 WATER/SEWER FUND 96,081.96 UTILITY IMPROVEMENTS FUND 126,862.23 RISK MANAGEMENT FUND 518,704.21 INFORMATION TECHNOLOGY FUND 83,672.41 RETAINED PERSONNEL ESCROW 5,848.99 POLICE PENSION FUND 1,990.21 TOTALS 2,377,250.53 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR SIGN VARIANCES — NICOLINOS ITALIAN RESTAURANT, 621 RIDGEVIEW DRIVE In attendance were Joe and Barbara Bono, owners and proprietors of Nicolino's Italian Restaurant located at 621 Ridgeview Drive. Director of Community Development Napolitano state the applicant is seeking a variance to allow at 10' by 10' sign, 19' in height to be placed at the northwest corner of the site, approximately two feet from the north property line. As a result of the request, the applicants need variances as to size, height, and setback. Director Napolitano stated Staff has reviewed the request and believes the sign is in good taste and would complement the site. Staff supports the request. Alderman Condon stated she is typically not in favor of sign variances; however, the situation is unique in the location of the restaurant, and she supports the requested — variances. Alderman Santi concurred with Alderman Condon. July, 16 2007 Page 5 Alderman Glab wondered if problems might occur due to the sign location as the property along Bull Valley Road is developed. In response to Alderman Schaefer's inquiry, Director Napolitano stated the sign is illuminated. Alderman Murgatroyd stated he would not be in favor in the future of an establishment of this type being located in such a setting. Alderman Peterson noted the sign is tastefully designed and he supported the variances. Motion by Condon, seconded by Wimmer, to accept Staffs recommendation, to approve variances allowing the placement of a 10' by 10' sign, 19' in height, located 2' from the northern property line at Nicolino's Italian Restaurant, 621 Ridgeview Drive. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. PROPOSAL TO DESIGN THE CONVERSION OF THE WAREHOUSE LOCATED AT 1415 INDUSTRIAL DRIVE TO A PUBLIC WORKS MAINTENANCE FACILITY — GILLESPIE DESIGN GROUP, $8,800 PLUS REIMBURSEMENT EXPENSES Director of Public Works Schmitt noted in 2003 the City contracted with Gillespie Design Group to conduct a needs analysis and concept plan regarding the City's planned development of a Public Works maintenance facility. Director Schmitt stated the City recently purchased the warehouse located at 1415 Industrial Drive with the intent to convert the building to a Public Works maintenance facility. Staff recently visited the site along with Gillespie Design Group so that an update to the needs analysis previously submitted could be updated in light of the City's recent acquisition. It is Staffs recommendation to approve a proposal submitted by Gillespie Design Group to provide architectural design services for the preliminary design of the conversion of the facility located at 1415 Industrial Drive to a Public Works maintenance facility in the amount of$8,800 plus reimbursement expenses. In response to Alderman Murgatroyd's inquiry, City Administrator Maxeiner stated there is no limitation under the reimbursement provision. The purpose of the verbiage is to provide reimbursement to Gillespie should the City initiate changes to the design. City Attorney McArdle suggested a phrase be added to the agreement "subject to the written authorization and approval of the City Administrator". Alderman Murgatroyd opined it is not Gillespie's intent to needlessly add charges to the agreement. He stated the additional language should prevent arbitrary additional charges being incurred. July, 16 2007 Page 6 Motion by Peterson, seconded by Santi, to accept Staffs recommendation to approve a proposal with Gillespie Design Group for the design of the conversion of the property located at 1415 Industrial Drive to a Public Works maintenance facility in the amount of $8,800 plus reimbursement expenses, subject to the written authorization and approval of the City Administrator. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. PLAT OF EASEMENT AND PLAT OF DEDICATION — LIVING SPRINGS SUPPORTIVE LIVING FACILITY, 4609 CRYSTAL LAKE ROAD Deputy City Administrator Martin stated as part of the Annexation Agreement for the Living Springs Supportive Living Facility located at 4609 Crystal Lake Road, the property owner was required to provide the City with a Plat of Easement for utility installation and storm water management. The property owner was also required to provide a Plat of Dedication for Pubic Road for improvements required along Crystal Lake Road. Deputy City Administrator Martin noted the Plats provided for Council consideration are in substantial conformance with the provisions of the Annexation Agreement. It is Staff s recommendation to approve the Plats as submitted. Alderman Glab inquired regarding Parcel 2, the former Marietta Drive, if there is any way of determining if Living Springs has a clear title to the property? Deputy City Administrator Martin responded the title company has issued a commitment regarding the property. He admitted he did not verify ownership with the County. City Administrator Maxeiner reiterated there were some issues previously regarding ownership of Parcel 2. The receipt of title commitment regarding the parcel was the determining factor in accepting the Plats of Easement and Dedication from Living Springs. Alderman Murgatroyd stated the developer would not be able to secure loans for their project if the lending institution was not satisfied regarding clear title to the property. Motion by Wimmer, seconded by Condon, to accept Staffs recommendation to approve: 1. A Plat of Easement for utility installation and storm water management for the Livings Springs Supportive Living Facility located at 4609 Crystal Lake Road; and 2. A Plat of Dedication for Public Road for the Living Springs Supportive Living Facility located at 4609 Crystal Lake Road. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: Glab, Peterson. Absent: None. Motion carried. July, 16 2007 Page 7 ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 21 PROHIBITING CERTAIN ACTIVITIES ON THE MCHENRY RIVERWALK -.- Assistant City Administrator Hobson stated some issues had arisen regarding use of the Riverwalk facilities necessitating the placement of restrictions on their use. The ordinance before Council for consideration this evening prohibits the use of all non- pedestrian uses except those necessary for ambulation by individuals who are infirm, elderly or disabled. Such devices as motorized or non-motorized scooters, pedacycles, ambulatory chairs or power chairs required for ambulation are permitted on the Riverwalk. Alderman Glab stated he had an issue with the way the ordinance is phrased. He had the impression the City has easements along both sides of Boone Creek. City Administrator Maxeiner responded the ordinance only applies to public property on the Riverwalk. Alderman Glab suggested amending the ordinance in the future to include times for daytime fishing along the Riverwalk. City Administrator Maxeiner stated the City is attempting to address safety of pedestrians and maintenance of the Riverwalk property. Alderman Schaefer stated he utilized the Riverwalk two to three times per week with a stroller. He has observed damage being done along the Riverwalk. He expressed his support of the proposed ordinance. Motion by Murgatroyd, seconded by Santi, to accept Staffs recommendation to pass -- an ordinance amending Municipal Code Chapter 21 providing for prohibition of non- pedestrian uses on the Riverwalk, except those required for ambulation by the infirm, elderly or disabled. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay; Glab. Absent: None. Motion carried. MAYOR-STATEMENT AND REPORT Mayor Low stated she wished to go on record in her belief that members of the City Council represent all of their constituents to the best of their ability. Mayor Low praised Council's service to the community. Mayor Low extended her appreciation to all City departments following the success of the first weekend of Fiesta Days events. Mayor Low announced an invitation has been extended to Council and Staff to attend the McHenry County Council of Governments events, dinners and informative seminars. She noted Mayor Brian Sager of Woodstock is the new president of MCCOG. Mayor Low encouraged all to attend as many MCCOG functions as possible. L July, 16 2007 Page 8 COMMITTEE REPORTS ~'- Chairman Alderman Murgatroyd announced a Finance and Personnel Committee has been scheduled for Monday, July 30, 2007 at 6:30 p.m. in the Aldermen's Conference Room. STAFF REPORTS Assistant City Administrator Hobson announced the various Fiesta Days events scheduled for the remainder of the week which will culminate in the Parade on Sunday, July 22"d. City Administrator announced the City in conjunction with Heartland Blood Bank is hosting a blood drive here at the Municipal Center on Tuesday, July 31"from 2 p.m. until 7 p.m. and encouraged community participation. To schedule an appointment call the HR Manager, Vickie Zinanni, at 815-363-2100. City Administrator Maxeiner noted walk-ins are also welcome. FUTURE AGENDA ITEMS Alderman Glab stated the Fireworks are a once-a-year annual event. He noted he has never heard a complaint in all of the years of the event's existence. ADJOURNMENT Motion by Condon, seconded by Santi, to adjourn the meeting at 8:21 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 8:21 p.m. f" MAYOR CITY CL R