HomeMy WebLinkAboutMinutes - 02/11/2008 - City Council i
REGULAR MEETING
FEBRUARY 11, 2008
A Regular Meeting of the McHenry City Council was called to order by Mayor Low at
7:30 P.M. on Monday, February 11, 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, Director of Public
Works Schmitt, Chief of Police O'Meara, Director of Parks and Recreation Merkel. Absent:
Director of Community Development Napolitano.
PUBLIC HEARING: CONSIDER ANNEXATION AGREEMENT AND ORDINANCES
PROVIDING FOR THE ANNEXATION, REZONING, VARIANCE AND CONDITIONAL
USE PERMIT FOR 1.1 ACRES LOCATED AT 1616 SCHROEDER LANE
In attendance was Attorney Steve Cuda, representing the applicant, Carl
Przyborowski.
Mayor Low at 7:35 p.m. opened the Public Hearing regarding the annexation
agreement, annexation, rezoning, variance and conditional use permit for the property
located at 1615 Schroeder Lane, as submitted by Applicant Carl Przyborowski.
Deputy City Administrator Martin summarized the request before Council at this
evening's Public Hearing. He noted Mr. Przyborowski is seeking the annexation of his
property located in Hi Point Industrial Subdivision. The property is comprised of 1.1 acres
and is improved with a structure which houses the supplies for Mr. Przyborowski's
construction business. The business corporate headquarters are located elsewhere on
North Route 31. Along with the annexation of the property, Mr. Przyborowski is requesting
rezoning to 1-1 Light Industrial, variance reducing the required front yard setback, variance
to be exempt from the provisions of the City's landscape ordinance, and a conditional use
permit to allow the outside storage of construction business supplies and components.
Deputy City Administrator Martin stated the Planning and Zoning Commission at a
Public Hearing held on January 17, 2008 unanimously recommended approval of the
applicant's requests.
Attorney Cuda addressed Council, stating Hi Point Subdivision is one of the oldest
industrial parks in the County. He noted the requests are similar to what was approved by
Council for neighboring property owners when annexation was granted several years ago.
Alderman Peterson inquired if the variances would go with the property. Deputy City
Administrator Martin responded in the affirmative.
Alderman Glab noted Attorney Cuda clearly explained the applicant's request and
supports the annexation and zoning relief requested for the property.
Responding to Mayor Lows inquiry there were no comments or questions from the
audience. City Clerk Jones noted no questions or comments had been received in the
Clerk's Office regarding this matter.
February 11, 2008
Page 2
Attorney McArdle inquired if the applicant would agree to have the outdoor storage
be limited to the existing construction business supplies. Attorney Cuda responded the
applicant would prefer to have the conditional use run with the land and not be attached to
the existing use.
In response to further inquiry, Attorney Cuda stated the applicant has owned the
property for approximately 25 years.
Motion by Wimmer, seconded by Santi, to close the Public Hearing at 7:40 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Murgatroyd, seconded by Schaefer, to accept Staffs recommendation to
pass an ordinance authorizing the Mayor and City Clerk's execution of an Annexation
Agreement for the property located at 1615 Schroeder Lane, as submitted by Carl
Przyborowski.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon, Low.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Wimmer, seconded by Murgatroyd, to accept Staffs recommendation to
pass and approve an ordinance annexing the Przyborowski Property located at 1615
Schroeder Lane comprised of 1.1 acres.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon, Low.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Santi, seconded by Schaefer, to accept the unanimous recommendation
of the Planning and Zoning Commission, to pass an ordinance:
- granting the rezoning of the property to 1-1 Light Industrial;
- granting a variance to allow a reduction in the front yard setback from 40 to 30
feet;
- granting a variance of exemption from the City's landscape ordinance;
- granting a conditional use permit to allow outside storage of construction
business supplies and components;
for the property located at 1615 Schroeder Lane in Hi Point Subdivision.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
1 Voting Nay: None.
Absent: None.
Motion carried.
February 11, 2008
Page 3
PRESENTATION: MCHENRY AREA YOUTH COMMISSION
Denise Kuzniewski, representing the McHenry Area Youth Commission (MAYC),
addressed Council. Ms. Kuzniewski noted the MAYC is sustained by intergovernmental
sources and cooperation. She noted of late the commission is experiencing difficulty with
financial support, and, consequently, had to let the director go.
Ms. Kuzniewski stated the number of youths utilizing the programs is increasing, but
financial resources are dwindling. She requested Council review the brochures and
paperwork distributed at the beginning of the presentation.
Mayor Low noted MAYC has been very involved with the Character Counts!
Program. She stated it is good to see youth taking an active role in their community.
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. Request for first reduction in Letter of Credit for subdivision lift station and off-site
improvements —Town and Country Homes, The Oaks at Irish Prairie Subdivision
B. Request for first reduction in Surety Bond for public improvements — Kimball Hill,
Legend Lakes Neighborhoods 6, 7 and 8
C. Award of Bid for Parks and Recreation three seasonal brochures and quarterly
City newsletters, including scans and alterations — John S. Swift Co., in the
amount of$29,929;
D. Ordinance authorizing amendments and updates to Municipal Code Chapter 26,
Water and Sewer;
E. City Council Minutes:
February 4, 2008 regularly scheduled meeting;
F. List of As-Needed Checks: -
ALBERTSONS 90.62
APCO INSTITUTE INC 518.00
BEAR TOOTH MOUNTAIN CHRI 40.00
BENEFIT SYSTEMS & SERVIC 24,002.95
BUSS FORD SALES 123,507.00
CUNAT 700.00
FISH OF MCHENRY 40.00
FOP UNITS I/II 2,052.00
GRACE UNITED METHODIST C 40.00
GROUP SALES UNLIMITED 1,353.00
HOME DEPOT/GECF 1,731.80
ILLINOIS DEPARTMENT OF P 552.00
ILLINOIS RURAL WATER 110.00
IUOE, LOCAL 150 1,804.34
NCPERS GROUP LIFE INS. 319.00
NWBOCA 60.00
POSTMASTER MCHENRY IL 970.28
PRE-PAID LEGAL SERVICES 220.13
1� SECRETARY OF STATE 300.00
SECRETARY OF STATE/INDEX 30.00
UNITED PARCEL SERVICE 45.51
UNITED STATES LIFE INSUR 1,290.60
February 11, 2008
Page 4
GRAND TOTALS 159,777.23
FUND TOTALS
GENERAL FUND 111,678.22
WATER/SEWER FUND 24,096.06
EMPLOYEE INSURANCE FUND 24,002.95
TOTALS 159,777.23
G. List of Bills:
A W TOOL SALES INC 52.68
ADAMS ENTERPRISES INC, R 1,353.45
ADAMS STEEL SERVICE INC 3,320.00
ALEKSICH, KATHY 50.00
ANDREWS, MAUREEN J 63.00
ARAMARK WORK APPAREL & U 254.48
AUTO TECH CENTERS INC 489.73
B&W CONTROL SYSTEMS INTE 6,258.39
BAXTER & WOODMAN 3,634.06
BERKHEIMER CO INC, G W 176.66
BUSS FORD SALES 94.45
CDW GOVERNMENT INC 893.85
CENTURY SPRINGS 76.05
CHICAGO INTERNATIONAL TR 3,685.85
COMED 20,688.61
CONSTELLATION NEWENERGY 72.42
CURRAN CONTRACTING COMPA 1,790.14
DOLECKI, NICHOLE L 30.75
DREISILKER ELECTRIC MOTO 23.06
ED'S RENTAL & SALES INC 171.30
EFFINGHAM HAMPTON INN 271.76
EPCO PAINT 297.91
FONE ZONE-MCHENRY, THE 49.99
G IMPRESSIONS INC 300.00
GITZKE, WILLIAM J 1,560.80
GLICK, DEBORAH A 30.87
HD SUPPLY WATERWORKS 2,076.00
HEADLEY, JEAN 59.00
HYDRAULIC SERVICES AND R 148.45
IAMMA 50.00
ILLINOIS DIRECTOR OF 5,161.00
ILLINOIS SECTION AWWA 185.00
KALE UNIFORMS INC 279.20
KEN-CO SERVICES 25.71
KIMBALL MIDWEST 1,248.85
KIRCHNER FIRE 159.00
KUNZER, KATHLEEN 248.55
KUZMIK, NIKKI 66.00
LAFRANCIS, RAY 50.00
LANG PONTIAC-CADILLAC-SU 150.02
LEACH ENTERPRISES INC 44.80
LOCK & KEY SPECIALTY 542.80
LUNKENHEIMER, PATTIE 108.90
MCCANN INDUSTRIES INC 675.89
MCHENRY ANALYTICAL WATER 40.00
MEADE ELECTRIC COMPANY I 3,382.00
MERKEL, PETE 198.48
MID AMERICAN WATER OF WA 973.00
MINUTEMAN PRESS OF MCH 1,383.44
MTS SAFETY PRODUCTS INC 59.37
NCL OF WISCONSIN INC 1,404.53
NORTH AMERICAN SALT CO 24,383.52
NORTH EAST MULTI-REGIONA 87.50
NORTHWEST ELECTRICAL SUP 129.23
NORTHWESTERN UNIVERSITY 11,093.00
NWS LAX 2,176.00
O'HERRON CO INC, RAY 356.84
OFFICE DEPOT INC 305.93
OPLETAL, ROBERT 60.00
ORIENTAL TRADING CO INC 13.20
PAYLINE WEST INC 197.25
PETROLIANCE LLC 13,469.08
PR DIAMOND PRODUCTS INC 457.00
February 11, 2008
Page 5
PRECISION SERVICE & PART 108.94
REINDERS INC 49.76
RESERVE ACCOUNT 1,500.00
RIDGEVIEW ELECTRIC INC 1,330.64
ROWE, HERBERT W 2,785.00
S&S WORLDWIDE INC 55.62
SCHOPEN PEST SOLUTIONS 75.00
SEC GROUP INC 105,830.23
SHARIATI, BONNIE 66.00
SHERMAN MECHANICAL INC 240.00
ST PAULS EPISCOPAL CHURC 1F072.50
STAPLES BUSINESS ADVANTA 345.96
STEINER ELECTRIC COMPANY 71.22
STEKL, DIANE 131.75
STONE, TANYA 35.00
THE MAILBOX 29.95
TRAFFIC CONTROL & PROTEC 786.11
UNITED PARCEL SERVICE 45.40
VACULA, JOHN T 2,000.00
VIKING CHEMICAL COMPANY 7,073.16
WASTE MANAGEMENT OF WI P 7,802.09
WATER PRODUCTS - AURORA 4,246.00
WEST SIDE TRACTOR SALES 1,345.38
WITT, CINDY 45.00
YOUNG, CHRISTINE 65.00
ZAHN, DAN 1,393.00
GRAND TOTALS 255,667.51
FUND TOTALS
GENERAL FUND 85,837.98
MOTOR FUEL TAX FUND 24,383.52
CAPITAL IMPROVEMENTS FUND 35,517.68
WATER/SEWER FUND 59,883.37
UTILITY IMPROVEMENTS FUND 28,482.00
RISK MANAGEMENT FUND 3,382.00
INFORMATION TECHNOLOGY FUND 893.85
' RETAINED PERSONNEL ESCROW 17,287.11
TOTALS 255,667.51
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
APPROVE REQUEST FOR:
1. PURCHASE OF RIGHT-OF-WAY ON CHARLES J. MILLER ROAD FOR
BULL VALLEY-CHARLES J. MILLER ROAD IMPROVEMENTS PROJECT
IN THE AMOUNT OF $48.608:
2. PLAT OF DEDICATION:
3. AUTHORIZING MAYOR'S SIGNATURE ON ORDINANCE PROVIDING FOR USE
VARIANCES FOR GIZMO PROPERTY LOCATED AT THE SOUTHWEST
CORNER OF THE INTERSECTION OF MUNICIPAL DRIVE AND GREEN
STREET: AND
4. BUDGET AMENDMENT TO ACCOMMODATE THE REQUEST.
Deputy City Administrator Martin stated Council, at its April 16, 2007 regularly
scheduled meeting, approved an ordinance granting use variances to the Gizmo Property
located immediately south of the McHenry Municipal Center. However, the approval was
contingent upon the City's receipt of a land sale contract with the applicant for the purchase
-`, of additional property for needed roadway improvements.
February 11, 2008
Page 6
Deputy City Administrator Martin stated in lieu of a real estate contract, a plat of
dedication is being used and, upon execution, the right-of-way would be conveyed fee
simple title to the City. Also shown on the plat is a right-of-way dedication along Green
Street, providing clarification of the legal description describing the property line to the
center of Green Street.
Deputy City Administrator Martin stated the amount of acreage to be conveyed to
the City is 19,944 square feet, calculating the purchase price of $7.00/square foot of
property. Deducted from the total of $139,608 is $80,000 which represents the property
owner's contribution towards the Municipal Drive project, as well as an additional $11,000
for unpaid retained personnel fees. The final amount owed to the property owners is
$48,608, which was not included in this year's approved budget. Therefore, a budget
amendment is also required.
Deputy City Administrator Martin concluded, stating if is Stafrs recommendation to
approve the Plat of Dedication, approve payment of $48,608 to the property owners of the
subject property, authorize the Mayor's execution of the ordinance granting a use variance
on the subject property, and approve a budget amendment in the amount of $48,608 to
accommodate the request.
Motion by Murgatroyd, seconded by Condon, to accept Staffs recommendation to
approve a budget amendment in the amount of $48,608 to purchase the right-of-way along
Charles J. Miller Road for the Bull Valley Road/Charles J. Miller Road improvement project.
- Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Schaefer, seconded by Wimmer, to accept Staffs recommendation to:
1. Approve the Plat of Dedication;
2. Authorize the Mayor and City Clerk's execution of an ordinance, approved by
Council at its April 16, 2007 regularly scheduled meeting, granting use variances
to the Gizmo Property located at the southwest corner of the intersection of
Municipal 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 19, SOLICITORS AND
TRANSIENT MERCHANTS
Deputy City Administrator Martin stated Chapter 19, Solicitors and Transient
Merchants, of the Municipal Code was last amended in June 2007. At that time regulations
governing transient merchants were established and clarified. However, during the
-�.. amendment process, regulations pertaining to solicitors, particularly those relating to tag
days and other annual fund raisers, were inadvertently removed.
February 11, 2008
Page 7
It is Staffs recommendation to modify Chapter 19 by including the following
regulations regarding solicitors:
1. Solicitors would be required to obtain a permit prior to solicitation;
2. No more than two solicitor permits shall be issued for the same calendar month in
residential areas;
3. No more than two solicitor permits shall be issued in the same calendar month for
soliciting in public places;
4. Hours of solicitation shall be 9 a.m. until 7 p.m. Monday through Saturday; no
solicitation is permitted on Sundays or national holidays;
5. Exemptions are included for insurance sales, book, magazine and periodical sales,
in accordance with state applicable laws.
Motion by Santi, seconded by Murgatroyd, to accept Staffs recommendation to
amend the Municipal Code Chapter 19, Solicitors and Transient Merchants, including:
1. Solicitors would be required to obtain a permit prior to solicitation;
2. No more than two solicitor permits shall be issued for the same calendar month in
residential areas;
3. No more than two solicitor permits shall be issued in the same calendar month for
soliciting in public places;
4. Hours of solicitation shall be 9 a.m. until 7 p.m. Monday through Saturday; no
solicitation is permitted on Sundays or national holidays;
5. Exemptions are included for insurance sales, book, magazine and periodical sales,
in accordance with state applicable laws.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR— STATEMENT AND REPORT
Mayor Low announced the McHenry Chamber of Commerce State of the City report
and luncheon is scheduled for Wednesday, February 20, 2008 at the McHenry Country
Club.
COMMITTEE REPORTS
There were no Committee Reports.
STAFF REPORTS
There were no Staff Reports.
FUTURE AGENDA ITEMS
McHenry Area Youth Commission representative Alderman Condon announced
Mike Roberts took over as president following Chris Cardamone's departure. Alderman
Condon also announced McHenry Township will be withdrawing its funding for the MAYC
program.
Alderman Peterson requested Staff address the free Advertiser that is distributed
throughout the City as trash. City Administrator Maxeiner responded the City cannot
February 11, 2008
Page 8
regulate distribution of the Advertiser.
Alderman Glab suggested a brief article be included in the City Newsletter. The
Advertiser phone number could be included and the City residents advised to call the
telephone number and express their desire to terminate delivery service.
EXECUTIVE SESSION: PERSONNEL
Motion by Santi, seconded by Wimmer, to adjourn to Executive Session to discuss
Personnel at 8:07 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Council went into Executive Session at 8:15 p.m.
Motion by Condon, seconded by Wimmer, to go back into Open Session at 9:54
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 9:54 p.m.
OPEN SESSION: MATTERS DISCUSSED IN EXECUTIVE SESSION
Motion by Murgatroyd, seconded by Santi, to provide one step increases for Finance
Director Black and Public Works Director Schmitt; and to provide a bonus consisting of one
half of the last step increase in his grade to Police Chief O'Meara.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
ADJOURNMENT
Motion by Wimmer, seconded by Peterson, to adjourn the meeting at 9:55 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
T Meeting was adjourned at 9:55 p.m.
-�. & C-
MAYOR CITY JK