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Home My WebLink AboutMinutes - 11/03/2008 - City Council REGULAR MEETING NOVEMBER 3, 2008 A Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, November 3, 2008 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, City Clerk Jones, City Attorney McArdle, Deputy City Administrator Martin, Assistant City Administrator Hobson, Director of Finance Black. 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 B, Resolution establishing 2009 City Council meeting schedule, be removed for further discussion. Motion by Peterson, seconded by Wimmer, to approve the Consent Agenda as amended: A. Ordinance reducing the number of Class H Liquor Licenses from three to two; C. Resolution in support of the Safe Routes to School Grant Program; D. City Council Minutes: October 13, 2008 regularly scheduled meeting; October 20, 2008 regularly scheduled meeting; E. List of Bills: ADAMS STEEL SERVICE INC 135.52 AFTERMATH INC 245.00 ALEXANDER EQUIPMENT COMP 166.60 ANDERSON, LORI 234.63 ARAMARK WORK APPAREL & U 503.78 ASPECT DESIGN INC 6,500.00 ASSOCIATED ELECTRICAL CO 5,328.00 AT&T 3,790.78 AT&T LONG DISTANCE 70.64 AUTO TECH CENTERS INC 423.11 BAKER & SON CO, PETER 354.96 BELISLE CONSTRUCTION INC 225.00 BENTZ, DONALD J 204.00 BREMER, CURTIS H 2O8.00 BROGANS INC 688.62 CASEY EQUIPMENT COMPANY 56.36 CDW GOVERNMENT INC 519.80 CENTURY SPRINGS 250.80 CHEUNG, INEZ 205.00 CLARKE ENVIRONMENTAL MOS 15,212.50 COMED 2,642.17 COMMUNICATIONS REVOLVING 115.00 CRESCENT ELECTRIC SUPPLY 182.10 CUMMINS NPPOWER LLC 917.00 CURRAN CONTRACTING COMPA 2,679.51 CURVES OF MCHENRY 30.00 CUSHING TECHNOLOGIES INC 7,500.00 CUTTING EDGE COMMUNICATI 92.50 DANCA, JENNIFER 65.00 DIXON CONSTRUCTION GROUP 23,098.62 DUNN, DIANA 11.75 ED'S RENTAL & SALES INC 69.30 ..... FE DEX 23.20 FIREGUARD OF ILLINOIS IN 10,991.90 FISCHER BROS FRESH 1,623.38 FISHER, MARC 355.29 November 3,2008 Page 2 FLESCH COMPANY INC, GORD 105.46 FONE ZONE-MCHENRY, THE 49.99 FORD, MARY 23.10 FOXCROFT MEADOWS INC 196.14 FREUND, PATTY 32.00 GRASSO, KAREN 150.00 GURRIE, LETITIA 86.94 HAUCK, CARRIE 30.00 HEALTH COMMUNICATIONS IN 432.59 HETTERMANN, KATHLEEN 157.18 HIGH PSI LTD 1,451.30 HOLIAN ASBESTOS REMOVAL 3,690.00 HYDRAULIC SERVICES AND R 290.76 HYDROTEX 295.81 ILLINOIS FBI NA 40.00 INTERNATIONAL SALT CO LL 22,141.04 INTERSTATE BATTERY SYSTE 62.75 IPELRA 350.00 J&E DUFF INC 41,400.00 JACK FROST IRON WORKS IN 14,438.70 JULIE INC 273.60 KALE UNIFORMS INC 612.38 KIMBALL MIDWEST 642.05 KLEAN, KENNETH P 3.81 KRANZ, ANNE 75.40 KREASSIG, DANIEL 8.00 KTD INC 51.71 LOCKE, LISA 35.00 LORCH, NANCY 104.85 MAD SCIENCE OF MCHENRY C 2,546.00 MADDY, DEBBIE 78.00 MARKOWSKI, KAY 38.00 MARTENSON, LYNN G 89.64 MARYS FLOWERS & GIFTS 45.00 MAZZUCA, JOE 368.00 MCHENRY COUNTY CHIEFS OF 42.00 �^ MCHENRY FIRESTONE 385.00 MCHENRY STORAGE, THE 220.00 MCMAHON, JASON 35.28 MDC ENVIRONMENTAL SERVIC 8,580.00 METROPOLITAN INDUSTRIES 822.69 MID AMERICAN WATER OF WA 184.00 MIDCO 365.00 NCI CONSTRUCITON INC 12,970.80 NICKELS,LORI 34.00 NICOLET SCENIC TOURS 5,045.00 NICOR GAS 835.64 NORTH EAST MULTI-REGIONA 270.00 NORTHERN ILLINOS WINTER 810.00 O'MEARA, THOMAS 62.10 O'TARPEY'S RENTAL SERVIC 273.50 PACE 24,365.50 PANEK, ROSEANNE 22.00 PARDUE, RYAN 29.01 PAYLINE WEST INC 74.98 PEPSI-COLA GENL BOT 150.42 PETROLIANCE LLC 6,854.19 PITEL SEPTIC INC 787.50 PRATHER, PAUL 31.64 PRECISION SERVICE & PART 287.21 QUICK, KATHLEEN 87.77 RAYNOR DOOR AUTHORITY OF 9,000.00 RESERVE ACCOUNT 1,500.00 REWIAKO, RICHARD 63.64 ROC CONSTRUCTION SUPPLY 624.68 ROTARY CLUB OF MCHENRY 171.65 ROZHON, TAMARA 160.00 SAWDOWSKI, LISA 1,173.15 i SCHMITT, JON 431.69 SEC GROUP INC 17,324.29 SHERMAN MECHANICAL INC 261.06 STANDARD INDUSTRIAL & AU 205.00 STANS OFFICE TECHNOLOGIE 434.42 STAPLES BUSINESS ADVANTA 2,004.98 STEKL, DIANE 238.00 November 3,2008 Page 3 SUNRISE ENVIRONMENTAL SC 174.77 SWEDERSKI CONCRETE CONST 36,891.00 TEGTMEIER, TERRY 276.00 TESSLER, AMY 170.00 THOMAS TRUCKING INC, KEN 245.00 TONYAN & SONS INC, WILLI 11,700.00 TORVIK, SHARON 19.00 TRAFFIC CONTROL & PROTEC 1,289.55 TRI-STATE CARPET & DECOR 360.00 UNITED LABORATORIES 373.21 USA BLUEBOOK 98.92 WALMART COMMUNITY 370.57 WASTE MANAGEMENT OF WI P 7,555.45 WATER SOLUTIONS UNLIMITE 5,900.00 WEGENER, MARY ANN 27.00 WHITLOCK, GINA 85.00 WHOLESALE DIRECT INC 57.18 WIMMER, LAURIE 28.00 WIU CAREER SERVICES 90.00 XL STEEL DOOR CO 655.00 ZINANNI, VICKIE 49.00 GRAND TOTALS 339,747.46 FUND TOTALS GENERAL.FUND 92,912.68 MOTOR FUEL TAX FUND 22,141.04 TIF FUND 991.25 CAPITAL IMPROVEMENTS FUND 177,996.41 WATER/SEWER FUND 22,836.06 UTILITY IMPROVEMENTS FUND 13,134.40 INFORMATION TECHNOLOGY FUND 9,735.62 TOTAL 339,747.46 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CONSENT AGENDA ITEM B: RESOLUTION ESTABLISHING 2009 CITY COUNCIL MEETING SCHEDULE Alderman Peterson noting the light nature of some of Council's meeting, suggest Staff investigate reduction in the number of regularly scheduled meetings. He inquired if the number of scheduled meetings could be reduced from three to two per month. He further suggested this matter be sent to Committee for further review and discussion. City Administrator Maxeiner stated at this point in time, less than 180 days prior to the newly elected officials taking office, a determination would have to be made by the City Attorney as to whether the number of meetings per month could be adjusted as it would impact the compensation for those elected officials. Alderman Glab stated the current meeting structure seems to work well. He inquired what the motivation would be to change the meeting schedule. He suggested if changed the meetings would be longer, although there would be few of them. He stated he is comfortable with the current Council meeting schedule. Alderman Murgatroyd stated it might be too late to do anything now. When a reduced meeting schedule was suggested earlier in time, there was not much support among Council to reduce the number of meetings per month. Alderman Murgatroyd suggested approving the proposed meeting schedule and modifying it if there is support in the future. November 3,2008 Page 4 City Administrator Maxeiner noted Staff is looking to schedule a Finance and Personnel Committee Meeting in late November, prior to Thanksgiving. Alderman Schaefer expressed concern that items could be pushed through Council without adequate deliberation and consideration if there were less meetings per month. Motion by Peterson, seconded by Wimmer, to pass a resolution establishing the 2009 McHenry City Council meeting schedule, subject to the stipulation that the number of Council meetings per month be reviewed at a future Finance and Personnel Committee meeting. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR A TEMPORARY FENCE VARIANCE — KIMBALL HILL HOMES Deputy City Administrator Martin stated Kimball Hill Homes has requested a temporary variance to allow a 4' high white cross-buck fence along Tralee Lane within the City right-of-way in front of lots 65, 66, and 67 in Legend Lakes Subdivision. The purpose of the fencing is to delineate the model homes for potential buyers. Staff has reviewed the request and recommends approval subject to the following conditions: 1) The applicant, within five days of Council approval of said variance, shall provide the City with a Letter of Credit in the amount of $12,500, in security for that section of the right-of-way occupied by the fence; Letter of Credit to expire November 3, 2010; 2) A crosswalk shall be installed within two weeks of City Council approval of said variance; crosswalk shall connect the sidewalk on the north side of Tralee Lane with the sidewalk on the south side of Tralee Lane, immediately west of the fence; 3) The variance shall expire and the fence shall be completely removed and the property shall be fully restored to its original condition by November 3, 2010; 4) Kimball Hill Homes shall provide the City with a release and waiver of liability for any and all injury and/or damage that may occur as a result of the fence being located in the City right-of-way. Alderman Glab, noting the fence is already in place, stated he does not understand why the applicant did not secure a building permit prior to installing the fence on the premises. Motion by Glab, seconded by Wimmer, to accept Staffs recommendation to approve a temporary variance to allow a 4' high white cross-buck fence along Tralee Lane within the City right-of-way in front of model homes on lots 65, 66, and 67 in Legend Lakes Subdivision, subject to the following conditions: 1) The applicant, within five days of Council approval of said variance, shall provide the City with a Letter of Credit in the amount of $12,500, in security for that section of the right-of-way occupied by the fence; Letter of Credit to expire November 3, 2010; ' 2) A crosswalk shall be installed within two weeks of City Council approval of said variance; crosswalk shall connect the sidewalk on the north side of Tralee Lane with the sidewalk on the south side of Tralee Lane, immediately west of the fence; November 3,2008 Page 5 3) The variance shall expire and the fence shall be completely removed and the property shall be fully restored to its original condition by November 3, 2010; 4) Kimball Hill Homes shall provide the City with a release and waiver of liability for any and all injury and/or damage that may occur as a result of the fence being located in the City right-of-way. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR A CLASS A LIQUOR LICENSE FROM GMRI INC D/B/A THE OLIVE GARDEN ITALIAN RESTAURANT AND ORDINANCE INCREASING THE NUMBER OF CLASS A LIQUOR LICENSES FROM 27 TO 28 City Administrator Maxeiner stated a request was received from The Olive Garden Restaurant seeking a Class A Liquor License for their new facility currently under construction at 3451 Shoppers Drive. A conditional use permit was granted for the facility to allow the sale and consumption of alcoholic beverages on the premises in May 2008. City Administrator Maxeiner noted the applicant has submitted all appropriate paperwork, paid the fees and submitted to fingerprinting as required by ordinance. It is therefore Staffs recommendation to approve the Mayor's granting of a Class A liquor license to GMRI Inc d/b/a The Olive Garden Italian Restaurant and to pass an ordinance increasing the number of Class A liquor licenses from 27 to 28. Motion by Murgatroyd, seconded by Condon, to approve the Mayor's granting of a Class A liquor license to GMRI Inc d/b/a The Olive Garden Italian Restaurant for its facility located at 3451 Shoppers Drive; and to pass an ordinance increasing the number of Class A Liquor Licenses from 27 to 28. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR— STATEMENT AND REPORT Mayor Low announced the Character Counts! pillar for November is Responsibility. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS Alderman Glab noted Alexander Lumber is closing and could possibly provide a good opportunity for redevelopment of this area on Route 31. November 3,2008 Page 6 Alderman Wimmer encouraged everyone to remember to vote on Tuesday, November 4cn ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 7:47 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The eeting was adjourne at 7:47 p.m. z .% MAYOR CITY C