HomeMy WebLinkAboutMinutes - 09/29/2008 - City Council REGULAR MEETING
SEPTEMBER 29, 2008
A Regular Meeting of the McHenry City Council was called to order by Mayor Low at
7:30 P.M. on Monday, September 29, 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, Deputy City Administrator Martin, City Clerk Jones, City Attorney
McArdle, Assistant City Administrator Hobson, Director of Finance Black, Director of Public
Works Schmitt, Engineer Robert Wegener.
PUBLIC INPUT SESSION: 10 MINUTE LIMITATION
There was no one who signed in to speak during the Ten Minute Public Input
Session.
CONSENT AGENDA
Motion by Condon, seconded by Santi, to approve the Consent Agenda as
presented: .
A. Authorization to waive bid requirements to purchase 2009 Dodge Durango with
trade-in of 2001 Jeep Cherokee from Sunnyside Dodge for Public Works Water
Division in the amount of$19,289;
B. Final pay request for 2008 Road Resurfacing Project — Curran Contracting
Company, in the amount not-to-exceed $429,048.84;
C. Proposal from JWC Environmental to repair CWWTP grinder pump in the amount
not-to-exceed $7,374;
D. City Council Minutes:
September 15, 2008 regularly scheduled meeting;
E. List of Bills:
ACE HARDWARE, BJORKMAN'S 196.04
ACME BRICK & SUPPLY CO 484.00
ADAMS ENTERPRISES INC, R 493.48
ADAMS STEEL SERVICE INC 530.81
AFTERMATH INC 245.00
AMELIO, ROBERT 188.00
AMERICAN RED CROSS OF GR 285.55
AMERICAN WATER WORKS ASS 68.00
ARAMARK WORK APPAREL & U 590.45
AT&T 2,943.08
AT&T LONG DISTANCE 63.60
AUTO TECH CENTERS INC 210.18
BAILEY, JESSIE 48.00
BANK OF NEW YORK, THE 98,589.38
BANKCARD SERVICES 412.20
BARBATO, EMIL _ 62.50
BENTZ, DONALD J 306.00
BLACK, CHRIS 263.78
BRANIFF COMMUNICATIONS I 827.50
BREMER, CURTIS H 416.00
BRIGHT INSIGHT COMPUTER 3,000.00
BROGAN, WILLIAM J 20.70
BUCK BROS INC 19.99
BURKE, SUSAN 48.00
BUSS FORD SALES 104.54
CAPITAL GAINS INCORPORAT 3,958.00
CAREY ELECTRIC 145.52
CAREY, JOE 125.00
CDW GOVERNMENT INC 945.09
CENTURY SPRINGS 118.75
CHICAGO CHAPTER APWA 90.00
CHICAGO INTERNATIONAL TR 619.07
CMW WELDING 600.00
September 29,2008
Page 2
CURRAN CONTRACTING COMPA 3,447.13
D'S MARINE SERVICE INC 54.60
DAM, CHRISTINA 5.00
DOBBE MARKETING & PR INC 2,650.00
DREISILKER ELECTRIC MOTO 19.20
DURA WAX COMPANY INC, TH 100.25
ED'S RENTAL & SALES INC 190.00
EJ EQUIPMENT 370.36
EPCO PAINT 35.98
FAST EDDIES CAR WASH 70.75
FIRESIDE, THE 2,833.84
FISCHER BROS FRESH 1,909.64
FLESCH COMPANY INC, GORD 89.86
FONE ZONE-MCHENRY, THE 299.94
FOREMAN & COMPANY, JOSEP 1,538.88
FOXCROFT MEADOWS INC 856.50
GITZKE, WILLIAM J 556.50
GRAINGER 236.34
GREAT LAKES FIRE & SAFET 124.95
GRUEDER, MICHELE 85.00
HACH COMPANY 237.56
HANSEN'S ALIGNMENT, DON 65.00
HARM'S FARM 95.88
HERITAGE-CRYSTAL CLEAN 120.75
HOLIAN, CAROL 160.05
HORSFALL, KIM 58.00
HOYER, KIM 57.76
HUSTLER SPORT CENTER 72.20
ILLINOIS RURAL WATER 230.00
IPRA 118.00
JENSEN, KELLY 326.08
JONES TRAVEL & TOUR 795.00
JULIE INC 324.50
KIMBALL MIDWEST 168.85
KING, LAURA 58.29
KIRCHNER FIRE 246.75 i
KOZAK, JULI 50.00
KTD INC 65.00
KUNZER, KATHLEEN 120.00
LANG PONTIAC-CADILLAC-SU 228.69
LORCH, NANCY 42.78
LYND, KATHLEEN 50.00
MARTENS, PAULA 48.00
MATTIOLI, SUSAN 66.50
MAZZUCA, JOE 368.00
MCCANN INDUSTRIES INC 2,219.24
MCHENRY ANALYTICAL WATER 360.00
MCHENRY AREA CHAMBER OF 160.00
MCHENRY COUNTY CHIEFS OF 105.00
MCHENRY COUNTY COUNCIL 0 8,444.60
MCHENRY COUNTY RECORDER 645.00
MCHENRY COUNTY WELL & PU 13.95
MCHENRY FIRESTONE 110.00
MCHENRY PUBLIC LIBRARY 812.00
MCHENRY STORAGE, THE 220.00
MEYER MATERIAL COMPANY 1,309.22
MID AMERICAN WATER OF WA 1,286.46
MIDDLETON, JUANITA 195.00
MINUTEMAN PRESS OF MCH 155.58
MUNICIPAL CLERKS OF 70.00
NCL OF WISCONSIN INC 517.49
NEXTEL 2,765.08
NICOR GAS 662.10
NORTH SUBURBAN WATER 45.00
NORTHWEST HERALD 210.60
OTTOSEN BRITZ KELLY COOP 717.50
PACE 11,011.50
PALACIOS, EVA 58.00 --�
PALMER, MIKE 118.94
PAYLINE WEST INC 3.30
PENZE, JACQUELINE S 200.00
PEPSI-COLA GENL BOT 235.38
PETROLIANCE LLC 21,177.68
PETTIBONE & CO, P F 691.85
PITEL SEPTIC INC 900.00
September 29,2008
Page 3
POLISETTY, SRISATYA 34.00
PORTER LEE CORPORATION 273.00
PRECISION SERVICE & PART 68.19
PRIME TACK & SEAL CO 1,021.24
PRO PLAYER CONSULTANTS I 1,200.00
PROFESSIONAL INSPECTION 750.00
PUCHALSKI, RICHARD J 1,800.00
R&J CONTRUCTION SUPPLY C 915.73
RESERVE ACCOUNT 1,500.00
RIDGEVIEW ELECTRIC INC 515.00
RIETESEL, BYRON 155.00
ROC CONSTRUCTION SUPPLY 86.98
RUSHING, RHONDA F LANG- 35.30
SCHATZ, DONALD 195.00
SEC GROUP INC 24,052.71
SEXTON, ERIC M 78.64
SHERMAN MECHANICAL INC 13,896.00
SHRED-IT 448.00
SICALCO LTD 1,976.70
SPRINGFIELD HILTON 371.84
STANDARD EQUIPMENT COMPA 137.52
STAPLES BUSINESS ADVANTA 194.77
STATELINE SHRM 50.00
STULL, RICH 306.50
SUDSY WASH 2O0.00
THOMAS TRUCKING INC, KEN 245.00
THOME, BRYAN 62.04
TRAFFIC CONTROL CORPORAT 7,605.00
UNITED LABORATORIES 287.33
VERIZON WIRELESS 110.04
VIKING CHEMICAL COMPANY 10,973.96
WIRCH, STEVE 80.72
WOLWORTH, DANA 504.00
WOOD, ROLAND 42.69
WOURMS, CAROLYN PARKER- 40.00
ZEP SALES & SERVICE 675.93
ZUKOWSKI ROGERS FLOOD & 17,202.50
GRAND TOTALS 280,180.57
FUND TOTALS
GENERAL FUND 115,632.64
TOURISM FUND 2,650.00
CIVIL DEFENSE FUND 827.50
ANNEXATION FUND 812.00
MOTOR FUEL TAX FUND 1,976.70
DEBT SERVICE-1997A FUND 98,589.38
WATER/SEWER FUND 22,440.58
UTILITY IMPROVEMENTS FUND 15,044.88
RISK MANAGEMENT FUND 50.00
INFORMATION TECHNOLOGY FUND 4,633.26
RETAINED PERSONNEL ESCROW 11,765.63
POLICE PENSION FUND 5,758.00
TOTALS 280,180.57
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR VARIANCE — MAYOROS, 707 COUNTRY CLUB DRIVE
Deputy City Administrator Martin stated the applicants, Kevin and Katherine
Mayoros, property owners of 707 Country Club Drive, are requesting a variance to permit a
total accessory structure area of 1,117 square feet. The applicants wish to accommodate a
988 square foot garage plus a 129 square foot shed on their premises.
Deputy City Administrator Martin noted the subject property consists of four lots and
one residence. The lot on which the garage and shed would be located originally contained
September 29,2008
Page 4
another single family home which was demolished so that a garage could be constructed
on the site. The applicants have previously obtained a variance to allow the use of two
driveways on a zoning lot. Deputy City Administrator Martin noted the garage would be
constructed of the same materials as the residence and shed.
Deputy City Administrator Martin stated the applicants appeared at a Public Hearing
before the Planning and Zoning Commission on August 21, 2008 and received a
unanimous recommendation for approval.
Responding to an inquiry from Alderman Santi, Deputy City Administrator Martin
stated the existing driveway on Victoria will be relocated to provide access for the new
garage.
Alderman Glab expressed some concern regarding the four separate lots and zoning
issues as they pertain to the four individual lots. He further inquired what constitutes an
accessory yard on a portion of a subdivided property. City Attorney. McArdle responded
there are several definitions of the word "lot". He noted if the City maintains focus on the
definition, the owner has four lots: one of the lots contains the principal use. City Attorney
McArdle noted the combination of the four lots in this instance constitutes one zoning lot.
Otherwise, the lots which do not have the residence (principal use) on them would be
considered legal non-conforming uses.
Motion by Santi, seconded by Wimmer, to accept the unanimous recommendation of
the Planning and Zoning Commission, to pass an ordinance granting a variance permitting
a total accessory structure area of 1,117 square feet for the property located at 707
Country Club Drive.
Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: Glab.
Absent: None.
Motion carried.
REQUEST FOR SIGN VARIANCES FOR PATRIOT ESTATES DEVELOPMENT
Mayor Low announced this agenda item has been pulled from Council consideration
at this evening's meeting.
COMMUNITY DEVELOPMENT COMMITTEE RECOMMENDATION TO SCHEDULE A
PLANNING AND ZONING COMMISSION HEARING TO CONSIDER AMENDMENTS TO
TABLE 20 OF THE ZONING ORDINANCE, RELATING TO STANDARDS FOR
ACCESSORY STRUCTURES
Deputy City Administrator Martin stated the Community Development Committee
directed Staff to review City regulations regarding the allowable maximum height and area
for accessory structures. Staff was also asked to develop a manner by which building
height and mass of accessory structures could be addressed utilizing principal building
setback requirements. --
Deputy City Administrator Martin noted the current standards as far as building
height is consistent with other communities in the area. Staff investigated how the size of
an accessory structure could be established so that it is proportional to the lot size and
September 29,2008
Page 5
ensure that its appearance would conform to the neighborhood. Staff has proposed the
following amendments to Table 20 of the Zoning Ordinance which would address these
concerns:
Building Size Rear Yard Setback Principal/Accessory
Building Setback
Less than 500 square feet 3 feet 10 feet
500-750 square feet*** 25%** 15 feet
750-1000 square feet*** 50%** 20%
*" Expressed as a percentage of the principal building rear yard setback
*** All accessory buildings 500 square feet and greater in area must use the same building materials and
color as the principal building
Deputy City Administrator Martin stated it is the Committee's recommendation to
direct Staff to prepare documentation for a public hearing before the Planning and Zoning
Commission to consider the text amendments to Table 20 of the Zoning Ordinance as
presented.
Alderman Murgatroyd inquired if the maximum cumulative area for accessory
structures would remain 1,000 square feet unless a variance is granted. Deputy City
Administrator Martin responded in the affirmative.
Chairman Alderman Condon noted the Community Development Committee's
discussion regarding this issue arose when a proposed accessory structure overwhelmed
the existing residence on the property.
Alderman Glab suggested the Planning and Zoning Commission also review the
permitted building height of accessory structures as currently stated in the Zoning
Ordinance.
Alderman Murgatroyd inquired if the Planning and Zoning Commission typically
received a copy of Council minutes regarding matters forwarded for consideration. He
noted if minutes were forwarded, Alderman Glab's comments and concerns would be
identified and recognized by the Commission.
Motion by Murgatroyd, seconded by Condon, to accept the recommendation of the
Community Development Committee to direct Staff to prepare documentation to present
before the Planning and Zoning Commission for consideration at a public hearing
suggested modifications to Table 20 of the Zoning Ordinance relating to accessory
structure.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
September 29,2008
Page 6
AWARD OF BID FOR INSTALLATION OF SANITARY SEWER LIFT STATION SCADA
EQUIPMENT — RIDGEVIEW ELECTRIC INC. IN THE AMOUNT NOT-TO-EXCEED
$23,375
City Administrator Maxeiner stated Council at its January 14, 2008 regularly
scheduled meeting authorized the preparation of bid documents and going out to bid for the
sanitary sewer lift station SCADA system improvements. Council has already awarded the
bid for the SCADA equipment. Bids for the electrical improvements needed to complete the
installation were recently sought and opened on September 9, 2008 with the lowest
responsible bid being submitted by Ridgeview Electric of McHenry, Illinois, in the amount of
$23,375. It is Staffs recommendation to award the bid for this project to Ridgeview Electric.
Motion by Wimmer, seconded by Schaefer, to accept Staffs recommendation to
award the bid for the electrical improvements needed to complete the installation of lift
station SCADA system improvements to Ridgeview Electric in the amount not-to-exceed
$23,375.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
APPROVE HIGHWAY AUTHORITY AGREEMENT FOR 921 NORTH FRONT STREET
City Administrator Maxeiner stated Staff received a request for a Highway Authority
Agreement (HAA) from Environmental Testing and Consulting on behalf of McHenry
County Glass and Mirror, former owner of the property located at 921 North Front Street.
On August 29, 2005 two underground storage tanks were removed from the premises. At
that time, soil boring and samples confirmed contamination on the site. City Administrator
Maxeiner noted it was determined the contaminated area included a 30' X 40' area located
within the John Street right-of-way.
City Administrator Maxeiner noted the Illinois Environmental Protection Agency
(IEPA) decided that an HAA would be utilized to limit access to potential.contamination and
prohibit use of the groundwater from the John Street right-of-way. The proposed HAA has
been reviewed by Consulting Engineer Baxter and Woodman and City Attorney McArdle. It
is their recommendation the City enter into a Highway Authorization Agreement as
presented regarding the property located at 921 North Front Street.
Motion by Murgatroyd, seconded by Santi, to accept Staffs recommendation, to
comply with the [EPA recommendation and to authorize the Mayor's execution of a
Highway Authorization Agreement among McHenry County Glass and Mirror, the Illinois
Department of Transportation Highway Authority, and the City of McHenry, for the property
located at 921 North Front Street.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None. '
Motion carried.
September 29,2008
Page 7
EASEMENT AGREEMENTS BETWEEN THE CITY OF MCHENRY AND A T & T FOR
PLACEMENT OF UTILITY BOXES AND LANDSCAPE SCREENING WITHIN PUBLIC
RIGHT-OF-WAY
_ City Administrator Maxeiner stated AT & T has been updating its equipment
throughout McHenry in order to provide high speed internet services and video services
over the phone line. The system-wide upgrade is called "Project Lightspeed". As part of a
previous agreement between the City and AT & T, AT & T was required to pay $1,500
toward landscaping around each new control cabinet installed as part of this project.
City Administrator Maxeiner stated AT & T has discovered they do not currently have
an easement for utility installation at the northeast corner of Beach Drive and Green Street,
adjacent to Boulder Creek Park. There exists a utility cabinet on the premises. AT & T
proposes installation of an additional cabinet to accommodate the high speed connections.
However, easement agreements are required to permit the existing utility cabinet on the
premises and to provide for the installation of the new cabinet. The easement agreements
have been reviewed and approved by City Attorney McArdle.
Motion by Schaefer, seconded by Wimmer, to accept Staffs recommendation to
approve and authorize the Mayor's execution of two easement agreements with AT & T for
installation of utility equipment improvements at the northeast corner of Beach Drive and
Green Street.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 17, SECTION 17-3.
COMPREHENSIVE PLAN AND DEVELOPMENT POLICIES
Deputy City Administrator Martin stated the text of the City's Comprehensive Plan
was last updated in 1999. The Plan's Land Use Map was revised in 2005.
Deputy City Administrator Martin stated the Community Development Committee
and Staff have been working on a re-write of the text of the City's Comprehensive Plan and
Development Policies for some time. The result is a full text revision which was presented
to the Planning and Zoning Commission at a public hearing held on September 4, 2008.
The Commission unanimously recommended approval of the updated Comprehensive Plan
and Development Policies as presented.
Alderman Santi inquired if the results of the census would affect the Plan. Deputy
City Administrator Martin responded the data within the Plan would be updated following
the 2010 census.
Community Development Committee Chairman Alderman Condon expressed her
gratitude to Deputy City Administrator Martin, Planner Kolner and former Director of
Community Development Napolitano for their efforts in bringing this matter to fruition.
September 29,2008
Page 8
Motion by Santi, seconded by Schaefer, to accept the unanimous recommendation
of the Planning and Zoning Commission, to pass an ordinance providing for the text
revisions to the City's Comprehensive Plan and Development Policies as presented.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR— STATEMENT AND REPORT
There was no Mayor Statement or Report.
COMMITTEE REPORTS
Finance and Personnel Committee Chairman Alderman Murgatroyd reported a
Committee meeting was held this evening prior to the Council meeting concerning the
2007-2008 Audit. Minutes will be forthcoming.
STAFF REPORTS
City Administrator Maxeiner announced the Annual Antique Truck and Tractor Show
is scheduled for next weekend, October 4th and 5th at the Historic Petersen Farm.
City Administrator Maxeiner also reported the fall hydrant flushing is scheduled to
begin on Monday, October 6, 2008.
FUTURE AGENDA ITEMS
Alderman Condon thanked the McHenry Police Department for its efforts in
response to recent bomb threats at local schools.
EXECUTIVE SESSION: EXECUTIVE SESSION MINUTES
Motion by Peterson, seconded by Murgatroyd, to go into Executive Session to
discuss Executive Session Minutes for Approval at 8:05 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Council went into Executive Session at 8:09 p.m.
Motion by Glab, seconded by Santi, to go back into Open Session at 8:11 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Council went back into Open Session at 8:11 p.m.
September 29,2008
Page 9
OPEN SESSION REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION
Motion by Glab, seconded by Wimmer, to
1) pass a resolution approving the release of specific Executive Session Minutes as
listed:
August 4,2008 Personnel March 31,2008 Property Acquisition
June 30,2008 Litigation January 14,2008 Litigation
June 2,2008 Property Acquisition June 4,2007 Personnel
May 5,2008 Personnel February 12,2007 Property Acquisition
and
2) pass a resolution allowing the destruction of Executive Session Minutes audio tapes
for which minutes have been approved and for which at least eighteen months have
elapsed since the date of the meeting:
7/10/06 9/18/06 12/4/06(2)
7/17/06 10/2/06 12/18/06
7/31/06 10/30/06 1/8/07
8/14/06 11/13/06(2) 2/12/07
8/28/06 11/20/06 3/19/07
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
ADJOURNMENT
Motion by Peterson, seconded by Wimmer, to adjourn the meeting at 8:14 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
The Meeting was adjourn e at 8:14 p.m.
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MAYOR CITY CL