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HomeMy WebLinkAboutMinutes - 03/03/2008 - City Council REGULAR MEETING MARCH 3, 2008 A Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, March 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, Deputy Clerk Kunzer, City Attorney McArdle, Deputy City Administrator Martin, Assistant City Administrator Hobson, Director of Finance Black, Director of Public Works Schmitt, Chief of Police O'Meara, Director of Parks and Recreation Merkel. Absent: City Clerk Jones. Mayor Low acknowledged the presence of two scouts from Boy Scout Troop 455, Brandon Kranz and Brian Hewson, and invited them to lead the assembly;in the Pledge of Allegiance. Mayor Low noted the scouts are currently working on their Communications Merit Badge. 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 Wimmer, seconded by Condon, to approve the Consent Agenda as presented: A. Release of retainage and final payment for Riverwalk landscape project — Landscape Concepts Construction, $9,106.82; -- B. Request to advertise for bids for interior demolition of new Public Works facility located at 1415 Industrial Drive; C. Request for special event liquor license and waiver of all associated fees — McHenry Area Irish Children's Fund; D. Request for connection to Police Alarm Panel — Paradise Cove Motel; E. Picnic/Special Use Permits; F. City Council Minutes: February 11, 2008 regularly scheduled meeting; February 18, 2008 regularly scheduled meeting; G. List of Bills: ACE HARDWARE, BJORKMAN'S 39.98 ADAMS ENTERPRISES INC, R 3,349.52 ADAMS STEEL SERVICE INC 210.38 AFTERMATH INC 245.00 ALEXANDER EQUIPMENT COMP 65.95 AMERICAN RED CROSS OF GR 400.87 ANCHOR TOWING 25.00 APWA 220.00 ARAMARK WORK APPAREL & U 423.84 ASHLAND SPECIALTY CHEMIC 1,170.00 ASTD 180.00 AT&T 2,893.77 AT&T LONG DISTANCE 52.36 BADGER METER INC 4,224.54 BAKKER, MIKE 50.00 BEYER, THOMAS S 259.65 BIRK, ADRIANA 84.95 BIRK, JOHN 126.61 BONNELL INDUSTRIES INC 400.00 BUSS FORD SALES 105.10 CDW GOVERNMENT INC 20,064.70 March 3, 2008 Page 2 CENTEGRA OCCUPATIONAL ME 285.13 CENTURY SPRINGS 264.00 CHICAGO INTERNATIONAL TR 607.63 CHRISTOPHER, DAVID 300.24 COMED 762.82 CONSTELLATION NEWENERGY 152.21 CURRAN CONTRACTING COMPA 824.00 DOCUMENT IMAGING DIMENSI 824.00 DOLECKI, NICHOLE L 30.75 EPCO PAINT 165.95 FISHER, MARC 105.84 FLESCH COMPANY INC, GORD 136.30 FONE ZONE-MCHENRY, THE 49.99 FRY, ROBERT J 48.00 G IMPRESSIONS INC 142.00 GALLS INCORPORATED 1,670.61 GANDOR, MARK 33.30 GILLESPIE DESIGN GROUP I 11,970.00 GITZKE, WILLIAM J 505.95 GOVERNMENT FINANCE OFFIC 201.40 GREAT LAKES FIRE & SAFET 71.00 HACH COMPANY 1,054.35 HANSEN'S ALIGNMENT, DON 65.00 HILTON ATLANTA 465.75 HYDRA-STOP INC 957.00 IAEI 90.00 ILLINOIS DEPARTMENT OF P 100.00 ILLINOIS FBI NA 40.00 ILLINOIS GFOA 90.00 ILLLINOIS PLUMBING INSPE 17.00 IRON HORSE ANTIQUES 97.50 JULIE INC 137.25 KALE UNIFORMS INC 211.26 KEN-CO SERVICES 163.30 KIMBALL MIDWEST 1,023.35 KING, LAURA 20.00 KULIK, KATHY 36.72 LANG PONTIAC-CADILLAC-SU 4.00 LAW ENFORCEMENT TRAINING 55.00 LINKER, TERRY 30.00 LOCKER'S FLOWERS 52.00 LORCH, NANCY 196.78 LYNCH, CAROLYN 56.56 MARCHEWKA, MIKE 600.00 MCCANN INDUSTRIES INC 314.58 MCCARTHY, THOMAS M 848.40 MCHENRY COUNTY CHIEFS OF 42.00 MCHENRY COUNTY RECORDER 475.50 MCHENRY FAVORITE SPORT C 28.00 MCHENRY SCHOOLS TRANSPOR 238.28 MCKEEN, BRIAN J 16.00 MEADE ELECTRIC COMPANY I 250.44 MEYER MATERIAL COMPANY 1,620.94 MICHALIK, KRISTA 50.00 MID AMERICAN WATER OF WA 277.00 MIDWEST METER INC 4,076.92 MINUTEMAN PRESS OF MCH 4,204.51 NEXTEL COMMUNICATIONS 1,863.90 NICOR GAS 14,660.55 NORTH AMERICAN SALT CO 12,923.82 NORTH EAST MULTI-REGIONA 100.00 NORTHWEST ELECTRICAL SUP 478.09 O'HERRON CO INC, RAY 266.90 OTTOSEN BRITZ KELLY COOP 2,407.50 PAYLINE WEST INC 83.03 PEARSON, LISA 60.00 PECHOUS, ROGER 20.00 PENZE, JACQUELINE S 200.00 PETROLIANCE LLC 17,634.46 i PITNEY BOWES INC 310.65 POLARIS DIGITAL SYSTEMS 610.72 PORTER LEE CORPORATION 75.00 PRECISION SERVICE & PART 707.46 PROCHNOW, KATE 325.00 March 3, 2008 Page 3 R&J CONTRUCTION SUPPLY C 69.85 RELIABLE SAND & GRAVEL 627.40 ROTARY CLUB OF MCHENRY 119.50 SCHOPEN PEST SOLUTIONS 50.00 .� SCHWALENBERG, RYAN 265.00 SEC GROUP INC 522.50 SEMROW JR, HARRY H 195.00 SEXTON, ERIC M 59.07 SIRCHIE FINGER PRINT LAB 448.63 SPRI PRODUCTS INC 134.96 SPRING ALIGN OF PALATINE 20.30 STAPLES CREDIT PLAN 199.89 STATELINE SHRM 15.00 SUDSY WASH 2O0.00 SYMBOLARTS 605.00 THINK INK INC 97.60 TOPS IN DOG TRAINING COR 250.00 TRAFFIC CONTROL & PROTEC 2,039.58 UNITROL / STINGER SPIKE 81.00 URAZGALEYEVA, ZARINA 40.00 USA BLUEBOOK 479.58 VERIZON WIRELESS 110.16 VIKING CHEMICAL COMPANY 776.00 VLCEK, PEGGY 106.70 WABASH VALLEY MANUFACTUR 448.00 WALMART COMMUNITY 633.76 WALSH, THOMAS M 14.48 WASTE MANAGEMENT OF WI P 9,016.42 WATER PRODUCTS - AURORA 1,000.66 WHOLESALE DIRECT INC 220.08 WILLIAMS ELECTRIC SERVIC 476.90 WIRTZ, PAT 407.46 WOLF CAMERA & VIDEO 564.99 ZAHN, DAN 199.00 ZALKE, PATRICIA 60.00 ZUKOWSKI ROGERS FLOOD & 12,920.50 GRAND TOTALS 157,950.98 FUND TOTALS GENERAL FUND 70,640.67 MOTOR FUEL TAX FUND 12,923.82 TIF FUND 522.50 CAPITAL IMPROVEMENTS FUND 11,970.00 WATER/SEWER FUND 38,850.05 RISK MANAGEMENT FUND 1285.13 INFORMATION TECHNOLOGY FUND 22,098.81 .RETAINED PERSONNEL ESCROW 660.00 TOTALS 157,950.98 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. APPROVE ORDINANCE AMENDING ORDINANCE NO ORD-07-1399 GRANTING CONDITIONAL USE PERMIT FOR COFFEE KIOSK WITH DRIVE-UP FACILITY AT 3706 WEST ELM STREET Deputy City Administrator Martin stated Council at its November 19, 2007 regularly scheduled meeting approved ordinance number ORD-07-1399 granting a conditional use permit to allow a coffee kiosk with two drive-up facilities for the property located at 3706 West Elm Street. The ordinance also granted a variance from the required ten stacking spaces to allow a reduction to nine stacking spaces on the site. Deputy City Administrator Martin noted since that time, the applicants have reworked their site plan, providing better onsite traffic flow but causing a further reduction in onsite stacking spaces. The revised site plan indicates eight stacking spaces. Consequently, the applicants are seeking an March 3, 2008 Page 4 amendment to the previously established conditional use permit and variances granted by ORD-07-1399. Council has the option of considering the request and approving or denying it at this meeting, or directing the applicants to go back to the Planning and Zoning Commission for consideration at a public hearing. Deputy City Administrator Martin stated it is Staffs recommendation, based on the greatly improved onsite traffic flow, to approve the requested amendment to ordinance number ORD-07-1399. Motion by Peterson, seconded by Santi, to accept Staffs recommendation to pass an ordinance granting an amendment to ordinance number ORD-07-1399 allowing for a reduction in the required number of stacking spaces from ten to eight. Discussion on the Motion Alderman Peterson noted this is a difficult parcel to redevelop. He stated the revised site plan affords better onsite traffic flow. He suggested there would be more traffic entering the site from the south entrance off of Route 120 than the northerly entrance from Millstream Drive. Alderman Peterson also inquired if the non-conforming sign standard left in place by the previous tenant, Napoli Pizza, would remain on the premises. Alderman Peterson also inquired if the new site plan would have an impact on the City's lift station further north on Millstream Drive. Director of Public Works Schmitt replied in the negative. Alderman Condon expressed similar concerns as stated by Alderman Peterson. She noted she did not support this matter when initially presented, and opined there could ultimately be issues with cars backing up onto Route 120 from the south entrance, particularly during peak times. Alderman Santi inquired as to the distance from the south property entrance to Route 120. Deputy City Administrator approximated the distance at 25 feet. Responding to further inquiry, Deputy City Administrator Martin stated all other stipulations contained in ORD-07-1399 would remain in place. Alderman Santi expressed his concern regarding the lack of adequate stacking space for the drive-up lanes. He opined the revised plan is more confusing than the initial site plan. Alderman Glab inquired why the non-conforming sign is still in place. He opined the property owner has been previously notified that the sign is non-conforming and must be removed. He further stated the property owner would like the City to work with him, but is not acceding to the City's request to remove the non-conforming sign. He noted he could not support the request. Alderman Schaefer expressed his concern that the proposed use would be extremely successful and thereby create traffic backups on Route 120. He noted there could potentially be an issue with lack of space for vehicle stacking for the east side drive- up window. Alderman Wimmer opined other coffee shops with drive-up facilities in town pose no stacking problems, particularly with regard to backups onto Route 120. He stated he supports the request as presented. March 3, 2008 Page 5 Alderman Condon responded she has personally noted traffic backups at other coffee shop facilities in town and she would prefer to prevent a similar situation on the proposed property. Alderman Condon noted she could support the request if the site plan were amended to reflect only the northerly entrance to the property. She suggested the west window could be used for order placement and the east window used for order pick- up. Deputy City Administrator stated patrons would likely use the north entrance more during the morning hours, as typical commuter traffic is eastbound in the morning and westbound in the evening hours. The eastbound traffic would be more likely to use the north entrance as left hand turns from Route 120 onto Millstream would be difficult, particularly during peak traffic times. Alderman Peterson noted this is not a large redevelopment project. He suggested the parcel could ultimately be combined with adjacent properties in order to create a more permanent redevelopment of the area. Alderman Glab noted the trend in recent years is to stop and pick up coffee at drive- up facilities. He expressed his concern regarding the potential for worst-case scenarios regarding stacking backups for motorists waiting to purchase their coffee. He opined the proposed site plan is a hodge-podge attempt at redeveloping this small parcel. He suggested traffic does not always move along quickly in drive-up lanes due to the variety of orders, amount of items being ordered, etc. Alderman Murgatroyd inquired if the motion fails, what would be the status of the project. City Attorney McArdle responded the ordinance previously approved by Council allowing a reduction in the required number of stacking spaces from ten to nine would apply. Alderman Glab stated if the motion failed, Council could direct the applicant to appear before the Planning and Zoning Commission at a public hearing. City Attorney McArdle suggested the order be reversed. Council should vote on recommending return to the Planning and Zoning Commission prior to voting on the matter before Council this evening. Alderman Peterson withdrew his motion. Alderman Santi withdrew his second. Motion by Peterson, seconded by Santi, to direct the applicants to take their request for amendment to ORD-07-1399, reducing the number of required stacking spaces for the drive-up windows from ten to eight, to the Planning and Zoning Commission for public hearing and recommendation. Voting Aye: Santi, Glab, Schaefer, Wimmer, Peterson, Condon. Voting Nay: Murgatroyd. Absent: None. Motion carried. -ti March 3, 2008 Page 6 APPROVE EASEMENT AGREEMENTS FOR BARREVILLE ROAD WATERMAIN AND "Z SIDEWALK IMPROVEMENTS Director Schmitt stated Staff has been working with five property owners on the west side of Barreville Road from Pebble Creek Subdivision north to Bull Valley Road in order to obtain a 10' easement for the installation of watermain and sidewalk. To date, four of the five easement agreements have been signed by the property owners. City Attorney McArdle is working on securing the last easement required for this project. Director Schmitt stated it is Staff s recommendation to accept the easement agreements for four parcels along Barreville Road between Pebble Creek Subdivision and Bull Valley Road as presented. Alderman Glab commended Staff on securing the easements. Motion by Schaefer, seconded by Wimmer, to accept Staff s recommendation to authorize the Mayor's signature on four easement agreements relating to the Barreville Road Watermain and Sidewalk Improvement Project. 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 March is Trustworthiness. COMMITTEE REPORTS Chairman Alderman Murgatroyd announced a Finance and Personnel Committee meeting is scheduled for Monday, March 10, 2008 at 7 p.m. in the Aldermen's Conference Room. The committee will begin 2008-2009 budget discussions and further discuss the City's accepting credit card payments for certain fees, fines, and services. Chairman Alderman Peterson announced a Parks and Recreation Committee meeting is scheduled for Wednesday, March 12, 2008 at 7 p.m. in the Aldermen's Conference Room. STAFF REPORTS City Administrator Maxeiner announced an audible tornado siren test will occur Tuesday morning, March 4, 2008 at 10 a.m. City Administrator Maxeiner also noted the Annual Celebration of the Arts sponsored by McHenry Elementary School District 15 will take place Thursday, March 6, 2008, in the second floor of the First Midwest Bank, located at 3510 West Elm Street between 4 p.m. and 7 p.m. FUTURE AGENDA ITEMS Alderman Peterson mentioned he had success in discontinuing having The Advertiser delivered to his home. He phoned the corporate office and his request was March 3, 2008 Page 7 honored. Alderman Glab noting the Capital Improvements Program (CIP) will be discussed this evening during Council's Committee of the Whole. He suggested Council seek ways to more aggressively maintain the newly resurfaced streets as they are not holding up as long as the program requires. He questioned whether there is something the City could do in order to better maintain the streets and roadways. EXECUTIVE SESSION: COLLECTIVE BARGAINING Motion by Santi, seconded by Schaefer, to adjourn to Executive Session to discuss Collective Bargaining at 7:58 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 8:03 p.m. Motion by Condon, seconded by Santi, to go back into Open Session at 8:13 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 8:13 p.m. OPEN SESSION: MATTERS DISCUSSED IN EXECUTIVE SESSION Motion by Murgatroyd, seconded by Condon, to authorize City Administrator Maxeiner to enter into a settlement agreement as discussed during Executive Session on 3/3/08. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ADJOURNMENT Motion by Schaefer, seconded by Santi, 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. TheiMeeting was adjourned at 8:14 p.m. MAYOR DEPUTY CITY CLERK r