HomeMy WebLinkAboutPacket - 01/04/2010 - City Council C'Otyof McHenry Z
333 South Green Street _ www.ci.mchenry.il.us
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McHenry,Illinois 60050-5495
Mayor's Office AGENDA
(81 3
Fax (81815)) 363-2119
REGULAR CITY COUNCIL MEETING
3-21
Monday, January 4, 2010, 7:30 PM
Clerk's Office
(815)363-2100
Fax(815)363-2128 1. Call to Order
Administration
(815)363-2108 2. Roll Call
Fax(815)363-2119
3. Resolution honoring retired Fire Chief Wayne R. Amore
Public Works
Community
Development 4. Public Input Session: 10 Minute Limitation
(815)363-2170
Fax(815)363-2173 5. Consent Agenda:
A. Request to advertise for bids for 2010 Parks and Recreation Brochure/
Parks and Recreation 2010 City Newsletter printing services; and
(815)363-2160 B. December 14, 2009 City Council meeting minutes;
Fax(815)363-3186
Police Non-Emergency 6. Request from Bond Company of Illinois d/b/a Walgreens #05469 located at 3925
(815)363-2200 West Elm Street for a Class B liquor license and Ordinance increasing number of
Fax(815)363-2149 Class B liquor licenses from three to four
Mayor 7. Mayor Statement and Reports
Susan E.Low
8. Committee Reports
City Clerk
Janice C.Jones 9. Staff Reports
Treasurer
David M.Welter 10. Future Agenda Items
Aldermen 11. Executive Session: Property Acquisition
WARD 1
Victor A. Sand12. Action on matters discussed in Executive Session
WARD 2 13. Adjournment
Andrew A.Glab
Posted: December 30, 2009
WARD 3
Jeffrey A. Schaefer
WARD 4
Steven C.Murgatroyd
WARD 5
Richard W.Wimmer
WARD 6
Robert J.Peterson
WARD 7
Geri A.Condon
R10-001
RESOLUTION
WHEREAS, Wayne R. Amore resigned as McHenry Township Fire Protection District Fire
Chief on December 31, 2009; and
WHEREAS, he began volunteer service with the McHenry Township Fire Protection District
in 1972, at a time when there were only 30 Firemen at McHenry Station No. 1, 20 Firemen at
Johnsburg Station No. 2, and 15 Firemen at Lakemoor Station No. 3;and
WHEREAS, Wayne enhanced his involvement in the District by serving in various capacities
until the Rescue Squad and Fire Protection District were merged in 1983, was promoted to the
position of part-time Volunteer Fire Chief in 1998, and ultimately appointed as the first full-time Fire
Chief on May 1,2005;and
WHEREAS, Wayne has witnessed the District's firefighting force grow from approximately
65 members to its current membership of 160; and
WHEREAS, Wayne actively mentored, trained; coached, and supported the growth and
nurturing of his fellow Firefighters, Paramedics, and EMT's during his entire career with the
McHenry Township Fire Protection District; and
WHEREAS, Wayne demonstrated compassion, caring, friendship, loyalty, support, and honor
throughout his career of serving the community in his various capacities with the McHenry Township
Fire Protection District; and
WHEREAS, the City of McHenry hereby acknowledges the efforts, commitments,
contributions, and accomplishments of Wayne R. Amore in our community, and publicly
acknowledges the positive impact he has made in our city.
NOW,THEREFORE,BE IT RESOLVED that the McHenry City Council goes on record as
recognizing Wayne R. Amore's 37 years of dedicated service and commitment'to our community,
and expresses its appreciation and gratitude along with best wishes for Wayne in all his future
endeavors.
BE IT FUTHER RESOLVED that this Resolution be incorporated in the minutes of this
meeting and that a copy be presented to Wayne R.Amore.
PASSED AND APPROVED this fourth day of January 2010.
VOTING AYE:
VOTING NAY:
NOT VOTING:
ABSTAIN:
ABSENT:
Signed:
Mayor
Attest:
City Clerk
CONSENT AGENDA
The Consent Agenda for the January 4, 2010, City Council meeting consists of the
following items:
A. Request to advertise for bids for 2010 Parks and Recreation Brochure/
2010 City Newsletter printing services; and
B. December 14, 2009 City Council meeting minutes; and
CONSENT AGENDA
To: Mayor and City Council
Fm: Bill Hobson, Assistant City Administrator
For: January 4, 2010 Regular City Council meeting
Re: Request to advertise for bids for 2010 Parks and Recreation program
brochure and 2010 City Newsletter printing services.
Background. Staff is seeking authorization to advertise for bids for 2010 Parks
and Recreation program brochures and City Newsletter printing services.
Approximately 6,000 copies of the fall, winter/spring, and summer edition of
the Parks and Recreation program brochure are mailed to residents who were
enrolled in programs over the past two years. The spring and summer edition of
the City Newsletter is printed and mailed to 15,000 households in March and
June. The fall and winter edition of the newsletter is posted by staff on the
city's website.
Recommendation. To authorize staff to advertise for bids for 2010 Parks and
Recreation program brochure and 2010 City Newsletter printing services.
REGULAR MEETING
DECEMBER 14, 2009
Mayor Low called the regularly scheduled December 14, 2009 meeting of the McHenry
City Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab,
Schaefer, Blake, Wimmer, and Condon. Absent: Peterson. Also in attendance were: City
Administrator Maxeiner, City Clerk Jones, City Attorney McArdle, Deputy City Administrator
Martin, Assistant City Administrator Hobson, Construction Neighborhood Services Director
Schwalenberg, Finance Director Black, Parks and Recreation Director Merkel, Chief of Police
Brogan.
PUBLIC INPUT SESSION
In response to Mayor Low's inquiry there was no one who signed in to speak during the
Ten Minute Public Input Session on matters unrelated to this evening's City Council Agenda.
CONSENT AGENDA
Motion by Wimmer, seconded by Santi, to approve the Consent Agenda as presented:
A. city council Minutes:
December 7,2009 regularly scheduled meeting;
B. List of Bills:
ACE HARDWARE, BJORKMAN'S 2,252.90
ADAMS STEEL SERVICE INC 40.83
AT&T 26.93
AUTO TECH CENTERS INC 639.25
B&W CONTROL SYSTEMS INTE 583.00
BAKER & SON CO, PETER 101.66
BAXTER & WOODMAN 1,117.10
BERKHEIMER CO INC, G W 486.48
BOTTS WELDING & TRUCK SE 38.50
BUSS FORD SALES 282.82
CAPITAL GAINS INCORPORAT 4,335.00
CARQUEST AUTO PARTS STOR 576.93
CDS OFFICE TECHNOLOGIES 275.00
CDW GOVERNMENT INC 290.00
CENTEGRA OCCUPATIONAL ME 62.72
CHICAGO ARMY NAVY SUPPY 168.75
CHICAGO INTERNATIONAL TR 2,637.78
CINTAS CORPORATION #355 992.37
COMCAST CABLE 74.90
COMED 108.28
COMMUNICATIONS REVOLVING 115.00
CONCRETE SOLUTIONS 233.69
CONSTELLATION NEWENERGY 14,281.97
CRESCENT ELECTRIC SUPPLY 133.50
CURRAN CONTRACTING COMPA 40.00
DREISILKER ELECTRIC MOTO 72.93
DURA WAX COMPANY INC, TH 84.00
ED'S AUTOMOTIVE/JIM'S MU 92.00
FAMILY TAILOR SHOP 27.00
FAST EDDIES CAR WASH 196.85
FISCHER BROS FRESH 2,297.13
FOXCROFT MEADOWS INC 121.90
FRIEDLE, JEFFFREY M 32.33
FUTURE LINK OF ILLINOIS 5,435.00
GARCIA, CINDY 15.00
GENESIS TRUCK PARTS 51.50
GITZKE, WILLIAM J 188.40
Page 2
December 14,2009
HARRIS, JAMES 24.00
HOLTZ, CHUCK 40.00
ICC 100.00
KALE UNIFORMS INC 216.92
KIMBALL MIDWEST 190.95
KING, LAURA 152.87
KUNZER, KATHLEEN 350.00
LEE AUTO MCHENRY 158.75
LEXISNEXIS 110.00
MCHENRY ANALYTICAL WATER 1,955.00
MCHENRY COMMUNITY SCHOOL 1,283.63
MCHENRY COUNTY RECORDER 612.50
MCHENRY NAPA 1,598.32
MCHENRY SPECIALTIES 90.00
MEADE ELECTRIC COMPANY I 675.00
MID AMERICAN WATER OF WA 640.00
MINUTEMAN PRESS OF MCH 44.00
OLSEN SAFETY EQUIPMENT C 343.74
ONEYS TREE FARM 144.00
PERRICONE GARDEN CENTER 46.80
PETROLIANCE LLC 2,554.4E
PETTIBONE & CO, P F 163.99
PITNEY BOWES INC 255.00
POLERECKY, ROSS 116.48
PRECISION SERVICE & PART 330.00
PRIME TACK & SEAL CO 972.00
PROMISING PICASSOS INC 812.00
PROSAFETY INC 94.50
RASMUSSEN REBUILDING & M 40.00
RICHARDS, GAYLE 50.00
RIVERSIDE BAKE SHOP 52.44
SHAW SUBURBAN MEDIA 86.70
SPRINT 124.86
STANDARD INDUSTRIAL & AU 521.00
STANS OFFICE TECHNOLOGIE 179.00
TASER INTERNATIONAL 273.36
TRAFFIC CONTROL & PROTEC 855.18
TRANSCHICAGO TRUCK GROUP 13.02
VIKING CHEMICAL COMPANY 16,371.90
WASTE MANAGEMENT OF WI P 7,481.87
WATER PRODUCTS - AURORA 403.62
WATER WELL SOLUTIONS 931.87
WOOD, ROLAND 125.41
XYBIX SYSTEMS INC 30.00
ZAHN, DAN 278.00
GRAND TOTALS 80,402.56
FUND TOTALS
GENERAL FUND 22,764.06
CAPITAL IMPROVEMENTS FUND 521.00
WATER/SEWER FUND 45,165.50
INFORMATION TECHNOLOGY FUND 6,368.90
RETAINED PERSONNEL ESCROW 1,248.10
POLICE PENSION FUND 4,335.00
TOTALS 80,402.56
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Condon.
Voting Nay: None.
Absent: Peterson.
Motion carried.
Page 3
December 14,2009
REQUEST FOR TEMPORARY ADVERTISING SIGN PERMIT AND WAIVER OF ASSOCIATED FEES —
OUTLAWS OF MCHENRY COUNTY BASEBALL ORGANIZATION
Deputy City Administrator Martin stated a request was submitted by Outlaws of
McHenry County Baseball Organization to post 32 temporary advertising signs throughout town
to advertise their December 19tn fundraiser at Edgebrook Elementary School. Proceeds from
the fundraiser will be utilized to fund a trip to a baseball tournament in Cooperstown, New
York.
Deputy City Administrator Martin noted Staff has reviewed the request and believes
posting 32 signs is excessive and would recommend granting a permit to allow 10 signs being
posted at the following locations:
• Richmond Road and McCullom Lake Road;
• Elm Street and Crystal Lake Road;
• Elm Street and Meadow Lane;
• Front Street and Kane Avenue;
• Crystal Lake Road and Bull Valley Road;
• Richmond Road and Pearl Street;
• Crystal Lake Road and Royal Drive;
• Elm Street and Ringwood Road;
• Chapel Hill Road and Lincoln Road;
• Route 31 and Veterans Parkway.
Deputy City Administrator Martin noted the signs would be posted upon being granted
Council approval and be removed on December 20tn
Alderman Glab expressed concern regarding the size of the proposed signs. Additionally,
he stated he does not know that much about the organization and their fundraising efforts in
the City. City Administrator Maxeiner responded the signs would be 18" by 24". Alderman Glab
noted he could support the request provided the sign size was limited to 18" by 24".
Motion by Santi, seconded by Condon, to accept Staffs recommendation to approve a
temporary advertising sign permit to allow the posting of ten 18" by 24" advertising signs at the
following locations from December 15tn until December 20tn as requested by Outlaws of
McHenry County Baseball Organization, and to waive all associated fees:
• Richmond Road and McCullom Lake Road;
• Elm Street and Crystal Lake Road;
• Elm Street and Meadow Lane;
• Front Street and Kane Avenue;
• Crystal Lake Road and Bull Valley Road;
• Richmond Road and Pearl Street;
• Crystal Lake Road and Royal Drive;
Page 4
December 14,2009
• Elm Street and Ringwood Road;
• Chapel Hill Road and Lincoln Road;
• Route 31 and Veterans Parkway.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Condon.
Voting Nay: None.
Absent: Peterson.
Motion carried.
REQUEST FOR AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE PROPERTY
LOCATED AT 1110 NORTH GREEN STREET—CURTIS COMMERCIAL
City Administrator Maxeiner stated a request is before Council to amend the
Development Agreement with Curtis Commercial for the property located at 1110 North Green
Street, formerly owned by the City of McHenry. City Administrator Maxeiner expressed
appreciation that so many were in attendance and interested enough to attend the meeting.
He provided a brief time line of the project and explained that there are three components of
the proposed amendment to the original development agreement.
City Administrator Maxeiner noted the agreement amendment is necessary as revenues
have been significantly impacted by the downturn in lending and housing markets.The external
impacts, such as material prices and the prevailing wage decision from the Illinois Department
of Labor have driven the cost of the project up.
City Administrator Maxeiner further stated Council has three options available this
evening:
1) Accept the proposed amendment to the development agreement;
2) Deny the proposed amendment to the development agreement;
3) Modify and approve the proposed amendment to the development agreement.
City Administrator Maxeiner stated Option 3, to modify the proposal, would require an
additional $1.4 million in public funds. The City does not have the additional funds necessary
and thus Option 3 is not likely feasible at this time. If denial of the proposal is chosen, it would
lead to a $1.7 million shortfall and the developer would likely walk away from the project,
particularly if such a shortfall is inevitable. To assist Council in understanding the ramifications
of denying the proposal, City Administrator Maxeiner summarized the current financial
difficulties and unfinished projects being realized when developers have walked away from
projects in both the Village of Algonquin and the City of Woodstock.
City Administrator Maxeiner stated Option 2, denial of the proposed amendment to the
agreement, in light of the developer's current financial situation would likely lead to
foreclosure. In that event the current development agreement might be invalid. The project is
currently "upside down" which would inhibit finding a buyer. If Council denies the proposal, it is
unlikely to result in the parking deck being built. Additionally, there would be no parking
Page 5
December 14,2009
improvements made on the former Wahl Appliance lot as would be the case if Council approves
the proposal.
City Administrator Maxeiner stated Option 1 would result in completion of the project
within the shortest amount of time. This would also result in getting the land back on the tax
rolls. It would enable the City to avoid having to deal with an out-of-town bank or third party.
City Administrator Maxeiner stated Option 1 would add 25 to 30 public parking spaces to the
downtown inventory.
City Administrator Maxeiner concluded his presentation noting it is Staffs
recommendation to approve Option 1.
Mayor Low thanked City Administrator Maxeiner for his comprehensive presentation.
Alderman Glab addressed Council stating rubber pavers have been purchased from his
employer by the developer for use in his project, and to avoid any perception of impropriety, he
wished to recuse himself from the meeting.
City Attorney McArdle noted Alderman Glab would only have to recuse himself if he had
any indirect financial interest in the project. In his opinion, there was no potential for a conflict
of interest.
Alderman Glab stated he would feel more comfortable recusing himself from the
meeting. Alderman Glab department Council Chambers at 8:08 p.m.
Alderman Wimmer noted the matter before Council this evening presents a difficult
decision.
Alderman Condon concurred. She noted if the developer cannot afford to construct the
parking structure, the 46 public spaces would be gone. She opined Council must find the best
solution to a bad situation. She stated it does not matter who is at fault, the situation must be
rectified.
Alderman Santi stated when the original development agreement was made and the
first amendment approved by Council, he was looking forward to complimenting Curtis
Commercial on a job well-done. However, the job is incomplete. He noted all residents and
business people who had contacted him cried out for more parking. Alderman Santi stated he is
not comfortable with the current situation.This location requires parking.
Alderman Santi stated somehow the project needs to be completed as per the
development agreement. The City will not have the opportunity in the future to create a multi-
level parking garage on this site. He noted this project does not just impact this site, it impacts
the entire City.
Page 6
December 14,2009
Alderman Schaefer concurred with Aldermen Condon and Santi. He noted he has always
wanted the project to be completed as originally depicted in the development agreement. He
stated the issue is with inadequate parking. Alderman Schaefer stated he does not believe a
vacant downtown building would benefit anyone. He regrets one Alderman has recused himself
from the proceedings and one Alderman is absent from this meeting as a decision must be
made this evening.
Alderman Blake noted Council is faced with a difficult decision. He believes the
proposed compromise stated in Option 1 would be the best choice. He noted he would prefer
to see the project completed as originally agreed upon but that is not possible at this time. He
opined Option 1 is the only feasible alternative and noted he is most concerned about the City
being able to achieve a positive result from amending the initial agreement.
Mayor Low stated because of the issue at hand she intends to deviate from usual
meeting format and allow comments from the audience, even though this is not a Public
Hearing during which public input is typically sought.
David Miller representing the Riverwalk Business Association addressed Council
expressing gratitude to Council for allowing him to speak. He noted inadequate parking has
been an issue in the City's downtown for years. He noted he had concerns when the original
development agreement included 80 spots with only 40 being reserved for the public. The
current proposal is for 31 public parking spaces which is woefully inadequate. Mr. Miller stated
paving the Wahl Appliance property is a waste of funds. Building a parking garage as originally
presented is the optimal choice.The developer is taking advantage of the current economy.
City resident Donald White addressed Council stating soil conditions have been cited by
the developer as the primary reason for abandoning the parking garage structure. He stated he
is familiar with issues concerning construction. He noted the newspaper article in the
Northwest Herald regarding this proposal did not make sense.The article alluded to the parking
structure being an underground facility and he believed this to be inaccurate. Mr.John Curtis of
Curtis Commercial agreed the article was inaccurate. The parking garage was to be constructed
above-grade.
Mr. White further noted if shallow caissons were used the cost impact on the developer
would be minimal. The parking garage should have been started in the summer. He noted is
appears the developer never intended to build the garage. Mr. White opined the commercial
space within the Riverwalk Center on the premises will be difficult to lease without sufficient
parking. He stated the City is being asked to settle for too few parking spaces. He questioned
why a performance bond was not required if public funds were to be utilized for this project.
Mr. White stated the developer should be made to stand behind his commitment. He
offered to put together an estimate of construction costs at no charge to the City to create the
parking structure on the site. He stated he would bring the cost estimate to Council within one
Page 7
December 14,2009
week. Council would then be able to determine if the developer's concerns regarding cost
overruns due to parking structure construction were accurate and/orvalid.
Mr. Curtis, responding to Mr. White's remarks, noted the results of original soil borings
and the opinion of structural engineers have indicated there were no soil condition issues on
the site. When engineers reviewed the parking structure plans, other issues came to light which
drove up the proposed cost of the structure. He noted the discussion this evening is actually
about a differential of fourteen parking spaces from the specifics of the original development
agreement.
Mr. Marck Alberts, project partner, stated there would actually be 54 parking spaces
which represented a difference of 20 parking spaces from the initial agreement.
Mr. Steve Murgatroyd, resident of 6012 Barkley Court and former Alderman of Ward 4,
addressed Council, stated when the TIF District was established it was recognized that the
downtown area is vital to the City.The discussion this evening has focused on parking. He noted
it was never the intent of the TIF District to be all about solving the inadequate parking issue.
He opined it is not the City's problem as to how the subject property would be marketed;that is
up to the developer. He stated if there were longer delays in concluding the project
construction and development, no one would be served; neither the developer, nor the City. He
granted the proposal to amend the agreement is certainly not the most optimal solution, but it
would be shortsighted to avoid addressing the issues expeditiously. Mr. Murgatroyd stated
while it is a difficult decision, it is prudent to finish the project. It would be in the City's best
interest to help make that happen.
Mayor Low invited further comments from Council.
Alderman Condon stated she wants to be clear on the number of parking spaces
available at the completion of this project. Mr. Curtis addressed Council clarifying with a revised
site plan which depicted 30 parking spaces: 25 spaces dedicated to the onsite condo units; 5
spaces dedicated for public use. Alderman Condon noted the best case scenario would be to
have two spaces dedicated for each of the 27 condo units, with the remaining three spaces
being dedicated for public use. Alderman Condon questioned if the spaces allocated to the
condo units could be used by the public until the condos have been sold. Mr. Curtis replied in
the affirmative.
Alderman Condon further stated as former Alderman Murgatroyd pointed out
inadequate parking has been an issue in the downtown for a long time and will continue to be
an issue. However,this project must move forward despite the parking issue.
Alderman Schaefer inquired if there were renderings of the proposed parking project.
Mr. Curtis presented a photograph of the proposed amended parking project.
Page 8
December 14,2009
Alderman Santi requested clarification regarding the results of the onsite soil borings.
He expressed concern with the proposed limited parking. He stated due to what has taken
place this evening he would like to review the matter further before taking any action.
Motion by Santi, to table Agenda Item #6, Amendment to the Development Agreement
for the Development of 1110 North Green Street with Curtis Commercial.
The motion died for lack of a second.
Alderman Condon stated the community has already invested itself in this project. It is
different than any other City project to date.
Alderman Santi stated it bothers him that this important decision is being made with
two aldermen not present. He stated he is willing to take a chance that a bank may take over
this project.The developer should go back to his bank to seek additional funding.
Alderman Schaefer stated he does not care for the renderings of the garages he has
viewed this evening. He noted none of his questions have been answered satisfactorily. He is
not comfortable supporting the proposal to amend the agreement.
Mayor Low stated Alderman Glab has chosen not to participate in this evening's
proceedings despite the City Attorney's opinion there would be no perceived or actual conflict
of interest. Alderman Peterson chose to be on vacation and not present for this discussion.
Mayor Low further stated Mr. Curtis has been honest and a good partner with the City and she
wished to publicly acknowledge her appreciation regarding his handling of this matter.
Mayor Low stated the question before Council is what is best for the City of McHenry.
She understands this is an emotional issue. She realizes each Alderman will vote according to
how they truly feel about this proposal. Mayor Low stated everyone's opinion is respected
regardless of how the issue ultimately is decided.
Motion by Wimmer, seconded by Blake, to accept Staffs recommendation to pass an
ordinance authorizing the Mayor's execution of the second Amendment to the Redevelopment
Agreement for the property located at 1110 North Green Street with Curtis Commercial, to
allow the construction of a modified parking facility encompassing 16 individual garages, 9
covered parking spaces, and 5 uncovered parking spaces at ground level adjacent to the
Riverwalk Center development, and to construct a 25-space parking lot on the former Wahl
Appliance property on Court Street.
Voting Aye: Blake, Wimmer, Condon.
Voting Nay: Santi, Schaefer.
Absent: Glab, Peterson.
Motion carried.
Page 9
December 14,2009
Alderman Glab returned to the Council Chambers at 9:33 p.m.
MAYOR STATEMENT AND REPORT
Mayor Low announced her intent to appoint Michelle Rath Peterson to the Landmark
Commission to fill the unexpired term of Robert Dickman. The term would expire on April 30,
2011.
Motion by Santi, seconded by Schaefer, to approve the Mayor's appointment of
Michelle Rath Peterson to the City's Landmark Commission to fill the unexpired term of Robert
Dickman with a term expiring April 30, 2011.
Voting Aye: Santi,Glab,Schaefer, Blake, Wimmer, Condon.
Voting Nay: None.
Absent: Peterson.
Motion carried.
COMMITTEE REPORTS
There were no Committee Reports.
STAFF REPORTS
There were no Staff Reports.
FUTURE AGENDA ITEMS
There were no Future Agenda Items discussed.
EXECUTIVE SESSION:COLLECTIVE BARGAINING
Motion by Condon, seconded by Blake, to go into Executive Session to discuss Collective
Bargaining at 9:36 p.m.
Voting Aye: Santi,Glab, Schaefer, Blake, Wimmer, Condon.
Voting Nay: None.
Absent: Peterson.
Motion carried.
Council went into Executive Session at 9:45 p.m.
Motion by Schaefer, seconded by Santi,to go back into Open Session at 9:53 p.m.
Voting Aye: Santi, Glab,Schaefer, Blake, Wimmer, Condon.
Voting Nay: None.
Absent: Peterson.
Motion carried.
Council went back into Open Session at 9:53 p.m.
Page 10
December 14,2009
OPEN SESSION: MATTERS DISCUSSED IN EXECUTIVE SESSION
Motion by Schaefer, seconded by Blake, to accept Staffs recommendation to approve
the proposed Collective Bargaining Agreement with IUOE Local 150 as presented.
Voting Aye: Santi,Glab,Schaefer, Blake, Wimmer, Condon.
Voting Nay: None.
Absent: Peterson.
Motion carried.
ADJOURNMENT
Motion by Condon,seconded by Blake,to adjourn the meeting at 9:53 p.m.
Voting Aye: Santi,Glab, Schaefer, Blake, Wimmer, Condon.
Voting Nay: None.
Absent: Peterson.
Motion carried.
The meeting was adjourned at 9:53 p.m.
Mayor City Clerk
AGENDA SUPPLEMENT
TO: Mayor and City Council
FROM: Douglas K. Maxeiner, City Administrator
FOR: January 4, 2010 Regular City Council Meeting
RE: Request for Class B Liquor License
Recommendation: It is the Mayor's recommendation to grant a Class B Liquor
License to Bond Company of Illinois LLC, d/b/a Walgreens #05469 located at 3925
West Elm Street, and to approve an ordinance increasing the number of Class B
liquor licenses from three to four.
Mayor Low received a request from Walgreens to sell packaged beer and wine from
their store located at 3925 West Elm Street. Bond Company of Illinois LLC, parent
company of Walgreens, is in the process of obtaining liquor licenses for all of their
stores in Illinois.
For the City Council's reference, a Class B license authorizes the retail sale of beer
and wine in packages only. Current holders of Class B licenses in McHenry are 7-
Eleven, Jewel, and Aldi.
The local manager Darren Wagner met with the Mayor and a satisfactory fingerprint
report was received from the State of Illinois and FBI. Walgreens has provided the
city with a complete application, paid all fees, and will send employees involved
with the sale of beer and wine to Beverage Alcohol Sellers and Servers Education
Training (BASSET).
Recommendation: It is the Mayor's recommendation to grant a Class B liquor
license to Bond Company of Illinois LLC d/b/a Walgreens #05469 located at 3925
West Elm Street conditioned upon completion of BASSET certification for all
employees involved in the sale of package beer and wine.
CITY OF MCHENRY Q VJ
License No. APPLICATION FOR LIQUOR LICENSE Fee Received ()
Date Issued UNDER Date Received o) V
CITY OF MCHENRY LIQUOR CONTROL
Date Effective ORDINANCE Receipt Issued On l d- , -7 0 9
--— FISCAL YEAR 2009/2010
r� {� �!! TO BE FILED WITH THE a�I ()q (!�. (/
.,��� � OFFICE OF THE MAYOR Check No. l dA 0
Cashier's Chk.
m ALL LICENSES EXPIRE APRIL 30 Cert Check
FOLLOWING DATE OF ISSUANCE
Cash
NAME OF BUSINESS,ADDRESS,&TELEPHONE NO.: Walgreens #05469 3925 W. Elm Street, McHenry. IL 60050
815-363-0722
1. Please indicate form of ownership:CORPORATION X PARTNERSHIP INDIVIDUAUSOLE PROP.
IF CORPORATION:
2. Corporation Name: Bond Drug Company of Illinois LL
Corporate Address: 300 Wilmot Road MS 3301 Deerfield IL 60015
Corporate Phone Number: 847-527-4807
3. State of Incorporation: Or-ganized in the State Of Illinois
4. IF PARTNERSHIP: �p
Name:
Corporate Address:
Corporate Phone Number:
5. State of Incorporation:
IF INDIVIDUAUSOLE PROP: NA
6. Applicant's Full Name: N
Social Security No.: - - Date of Birth:
Residence Address:
7. Home Phone: Business Phone:
8. Citizen of U.S.? If a naturalized citizen,when and where naturalized?
Court in which(or law under which)naturalized:
9. (A)If Applicant is a PARTNERSHIP,give name and address of all partners holding 5%or more of the partnership interest:
Nb
(B)If Applicant is CORPORATION,give name,address and telephone number of owners holding 5%or more shares and registered agent:
Illinois Corporation Services Company, 801 Adlai Stevenson Dr., Springfield, IL 62703
2008
PAGE TWO
10. (A)If A plicant and Local Manager are not the same,give name,address and telephone number of Local Manager:
Marren J. Wagner 2861 Geneva Ln Lake In The Hills IL 60156 312-391-7001
B)Local Manager's: Date of Birth: 9/8/1971 Place of Birth: ChiCagO Citizen of U.S.?yes
11. (A)Principal Type of Business: Retail Drug Store chain
12. (B)What is current zoning for this property? C-4 and C-5
13. Type of License Sought: Class B
14. Date on which business was begun at this location: 8/02/2002
15. Does applicant own premises for which license is sought? No if not,state name and address of owner and attach copy of executed lease.
Front Street LLC c/o Centrum Properties Inc 225 W. Hubbard, 4th Floor. Chicago. IL 60610
16. If property is owned by a land trust,trustee must file affidavit disclosing names and addresses of all beneficial owners and percentage of interest.
17. Is the location of applicant's business for which license is sought within one hundred feet of any church,school(except institutions of higher
education),hospital,home for aged or indigent persons or for veterans and their families or any military or naval station? No
A. If answer to the above is"YES",is the applicant's place of business a hotel offering restaurant service,a regularly organized club,a food
shop or other place where the sale of liquor is to the principal business? . If yes,how long has place of business been in
operation?
18. If applicant has ever engaged in the business or sale of alto olic liquor at retail list address all locations(may attach supplemental sheet).
See attached liquor ricer
19. Give applicants Retailer's Occupational tax(ROT)Registration Number. 0586-2061
20. Are you delinquent in the payment of the Retailer's Occupational Tax(Sales Tax),and if so,the reasons therefore: No
21. If this application is for a new license or a transferred license,attach to this Application a copy of Applicant's balance sheet and operating
statement for the past three years,or if not available,other proof of financial responsibility.
22. State name and address of dram shop insurance company for both the licensee and owner of the building in which the alcoholic liquor will be sold for
the duration of the license AND attach a copy of the declaration page showing the insured parties and amounts of coverage.
Marsh Usa Inc., 500 West Monroe Street, Chicago, IL 60661 United States of America
23. Describe parking facilities available to the business: Off Street parking lot
24. Are you familiar with all the laws of the United States,State of Illinois and ordinances of the City of McHenry pertaining to the sale of alcoholic liquor,
and will you abide by them? Yes
25. Will you maintain the entire premises in a safe,clean and sanitary manner free from conditions,which might cause accidents?
Yes
26. Will you attempt to prevent rowdiness,fights and disorderly conduct of any kind and immediately notify the McHenry Police Department is any such
events take place? Yes
27. Has any manufacturer,importing distributor or distributor of alcoholic liquors directly or indirectly paid or agreed to pay for this license,advanced
money or anything else of value or any credit(other than merchandising credit in the ordinary course of business for a period not in excess of 90
days),or is such a person directly or indirectly interested in the ownership,conduct or operation of the place of business? No If answer is"YES",
give particulars:
28.Have you,or in the case of a corporation,the owners of 5%or more shares of the corporation or the local manager,or in the case of partnership,any
of the partners,ever been convicted of any violation of any law pertaining to alcoholic liquors? No
answer is"YES",explain:
29.Have you,or in the case of a corporation,the owners of 5%or more shares of the corporation and the local manager,or in the case of a partnership,
any of the partners,ever been convicted of either a felony or a misdemeanor? No If so,please describe:
30.Is any individual who is directly or indirectly interested in applicant's place of business,a law-enforcing official or elected public official(mayor,
alderman,and member of any City commission,committee or board)? No If so,please state name and address of such person:
2008
PAGE THREE
31.List your occupation or employment with addresses thereof for the past 10 years(if partnership or corporation,list same information for each partner
and the local manager—(please attach). Please See attaChed
32.Have you ever been convicted of a gambling offense(if a partnership or corporation include all partners,owners of 5%or more shares of the
corporation and the local manager)? No If so,give all details:
33.Has any owner(s)or member(s)of a Partnership been issued a federal gaming devise stamp or a federal wagering stamp by the federal government
for the current tax period? If a Corporation,has any officer,manager,or director thereof;or,any stockholder owning in the aggregate more than
twenty(20)percent of the stock,been issued a federal wagering devise stamp or a federal wagering stamp by the federal government for the current
tax period?
No
34. Will you and all your employees refuse to serve or sell alcoholic liquor to an intoxicated person or to a minor? Yes
35. Have you,or any partner,or owner of 5%or more shares of the corporation or local manager,ever had a liquor license revoked or suspended?
No
36. If so,give all details,including location of the licensed property(please attach).
CAUTION: Failure to provide accurate or complete information may result in the suspension and/or revocation of your liquor license
and/or the issuance of a fine.
k*R***k**Rk#*RRk*kR***k***kR#kR*RRR***#kRR#kk#*RR*Rk**R#k*R*RR#kRRRR#*ft*kRR#kRR##kRRR#R#*R*RRRR##R*Rk#**R*Rk*#R*#kkR*R****k*#*****R*RR#*kkR#*R**k*kR*RkkRRRRkkk#*R*
No person holding a license issued by the City of McHenry shall, in the conduct of the licensed business or upon the licensed
premises,either directly or through the agents or employees of the licensee:
1. Violate or permit a violation of any federal law or state statue.
2. Violate or permit a violation of any City ordinance or resolution regulating the sale of alcoholic liquor or relating to the eligibility of the
licensee to hold a liquor license.
3. Violate or permit a violation of any rule or regulation of the Illinois Liquor Control Commission,as revised from time to time.
4. Permitthe sale of and/or consumption of any alcoholic beverages outdoors absent a specific permit granted bythe McHenry City Council
however;provided,outside sales and/or consumption shall be permitted from the hours of 11:00 a.m.to 5:00 p.m.during Sidewalk Sales
on the Saturday preceding Parade Day during Fiesta Days.
5. During Fiesta Days Celebrations on Parade Day,sell orserve(a)carryout alcoholic beverages(not including packaged liquorsales);or(b)
alcoholic beverages in non-original containers,such as plastic cups. Only original containers,such as cans,bottle or glassware may be
used.
6. Allowing fighting,disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees of
licensee as defined in the McHenry City Code,to take place on the licensed premises or on,about and/or adjacent to the property where
the licensed premises is located.
7. Allow patrons to serve or distribute alcoholic beverages to minors on the licensed premises or allow minors to drink alcoholic beverages on
the licensed premises.
8. Fail to call the City Police Department upon the violation of any City ordinance or state law relating to fighting, disorderly conduct or
excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees on the licensed premises.
Rh*#*K**R****k
2008
PAGE FOUR AFFIDAVIT
STATE OF ILLINOIS )
)SS
COUNTY OF MCHENRY )
1,the undersigned,being first duly sworn,deposes and says that I(we),have read the above and foregoing Application,caused the answers to be
provided thereto and all of the information given on said Application to be true and correct,and consent to investigation and background check by the
Local Liquor Control Commissioner or his designee and agree to comply with all City Ordinances and the rules stated on this application.
SOLE PROPRIETOR-
Signature of Applicant
Subscribed and sworn to before me this
day of 20
NOTARY PUBLIC
PARTNERSHIP:
(Authorized Agent of the Partnership)
Signature
Print Name
Title
Subscribed and sworn to before me this
day of 20
NOTARY PTIBI,TC
CORPORATIO
(Authorized A ion)
A.igna re
Marm
Print Name
Vice President
Title
=-STATE
L Subscribed and sworn to before me this
O �"
OF ILLINOISday of 2ES:05/17/12
P
MANAGER: NOTARY
---'Signature of L an
Subsc'beck Kd om to before a this
7 day of
"OFFICIAL E
JOSEPH C. TSNotary Public, Statnois trot rs CMy Commission Expires ,2013
2008
ORDINANCE NO. MC-10-
AN ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY
COUNTY, ILLINOIS, as follows:
SECTION 1. Section 4-6(2) of the Municipal Code relating to liquor license
classifications is hereby amended by increasing the number of Class "B" Liquor Licenses from
three(3) to four (4).
SECTION 2. All ordinances, or parts thereof, in conflict with the terms and
provisions hereof, be and the same are hereby repealed to the extent of such conflict.
SECTION 3. This ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, Illinois.
SECTION 4. This ordinance shall be in full force and effect from and after its
passage, approval and publication, as provided by law.
PASSED and APPROVED this Wh day of January 2010.
AYES:
NAYS:
ABSENT:
NOT VOTING:
ABSTAIN:
Mayor
ATTEST:
City Clerk