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HomeMy WebLinkAboutMinutes - 04/21/2014 - City CouncilREGULAR MEETING April 21, 2014 Mayor Low called the regularly scheduled April 21, 2014 meeting of the McHenry City Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer, Blake, Wimmer, Peterson and Condon. Absent: None. Also in attendance were, Deputy City Administrator Martin, Deputy City Administrator Hobson, Director of Finance Lynch, City Attorney McArdle, Chief of Police Jones and City Clerk Jones. PUBLIC INPUT SESSION No one signed in to speak at the Public Input Session. CONSENT AGENDA A. Proclamation declaring May "Building Safety Month" in the City of McHenry; B. Approval of an amended Illinois Department of Transportation Resolution appropriating Motor Fuel Tax funds, in the amount of $1,664.24, to cover the reduced amount in the bond interest rebate received through the Build America Bond program; C. Approval of an ordinance authorizing the sale, through Clinton Auto Auction, of a 1999 Toyota Corolla obtained by McHenry Police through Article 36 seizure procedures; D. Approval of a temporary use permit request from Nicolino's Trackside, located at 621 Ridgeview Drive, for an outdoor event on May 3, 2014, from 11:00 am to 12:00 am; E. Approval of a Special Event liquor license for Nicolino's Trackside Kentucky Derby event, located at 621 Ridgeview Drive on May 3, 2014, from 11:00 am to 12:00 am, conditioned upon approval of Consent Item D; F. Approval to permit the retail sale of alcoholic beverages during the 2014 Summer Concert Series in Veterans Memorial Park on Thursdays, beginning on June 5, 2014 through August 14, 2014, from 6:45 pm to 8:45 pm; G. Approval of a request for use of Petersen Park and Special Event liquor license for sale of beer and wine in conjunction with the annual Montini Family Music Festival on Saturday, September 13, 2014, from 2:00 pm to 11:00 pm; H. Approval of a temporary use permit for a garden display at Jewel-Osco, located at 4222 West Elm Street I. Approval of a temporary use permit for McDonald's, located at 4411 W. Route 120, to hold a weekly Classic Car Show on Fridays, from 5:00 pm to 10:00 pm, from May 9, 2014 through September 26, 2014; J. Approval of Block Party request on May 3, 2014, on Jennifer Lane; K. Approval of Parks Special Use/Picnic Permits; and L. Approval of List of Bills: A & R ELECTRIC SERVICES 858.00 ACE HARDWARE, BJORKMAN'S 806.14 ACE TOWING & RECOVERY 150.00 ADAMS ENTERPRISES INC, R 52,925.65 ADAMS STEEL SERVICE INC 310.20 ADAMS, SAMANTHA 300.00 AFTERMATH INC 315.00 ARAMARK 757.04 AT&T 1,823.58 AT&T LONG DISTANCE 196.80 B & B AUTO PLUS 165.00 B&W CONTROL SYSTEMS INTE 2,352.13 BAKER & SON CO, PETER 3,601.25 BAXTER & WOODMAN 4,031.25 BERKHEIMER CO INC, G W 95.04 BURRAFATO, SAM 94.65 BUSS FORD SALES 413.07 CALABRESE, TARA 463.13 CANTRUL, MS ANGELA 42.99 CDW GOVERNMENT INC 306.35 CENTEGRA OCCUPATIONAL HE 142.10 CINTAS CORPORATION LOC 3 555.42 COMCAST CABLE 251.76 COMED 2,713.88 CONSTELLATION NEWENERGY 2,635.61 Regular Meeting Page 2 April 21, 2014 CRESCENT ELECTRIC SUPPLY 269.99 D'ANGELO NATURAL SPRING 57.25 DOCUMENT IMAGING DIMENSI 59.00 DODGE, SARAH 296.63 DREISILKER ELECTRIC MOTO 778.75 DUCAK, JASON 8.00 DUCAK, KELLY 193.60 DUFFY, DANIEL 102.00 ED'S RENTAL & SALES INC 32.50 EJ EQUIPMENT 1,180.14 ENVIRONMENTAL RESOURCE A 775.84 FAST EDDIES CAR WASH 47.85 FISHER, MARC 6.00 FLESCH COMPANY INC, CORD 94.46 FORD, STEPHANIE E 94.50 FRY, ROBERT J 419.36 FUTAVA, KATIE L 399.00 FUTURE LINK OF ILLINOIS 978.64 G IMPRESSIONS INC 95.00 GALLS LLC 333.60 HARPER, MICHAEL 200.79 HARRIS, JAMES 425.79 HAWKINS INC 5,231.60 HD SUPPLY WATERWORKS 451.00 HOMESTEAD ELECTRICAL CON 5,181.00 HRGREEN 148,827.40 HYDRAULIC SERVICES AND R 336.24 IAHPC 50.00 ILLINOIS STATE POLICE 300.00 J G UNIFORMS INC 722.60 KALE UNIFORMS DEPT# 4030 246.00 KIMBALL MIDWEST 353.78 KIRCHNER FIRE 33.50 KLASEK, ROBERT J 8.00 LEACH ENTERPRISES INC 92.52 LEXISNEXIS 111.00 LIBERTY TAX 30.00 LIFEGUARD STORE INC, THE 85.41 LISS, NEVA 243.75 LUNKENHEIMER, JOHN 415.00 MARTIN, DOUG 10.88 MCCANN INDUSTRIES INC 294.20 MCHENRY ANALYTICAL WATER 120.00 MCHENRY COUNTY RECORDER 1,244.00 MCHENRY FIRESTONE 1,884.34 MCHENRY POWER EQUIPMENT 45.56 MCMAHON, JASON 163.69 MEYER MATERIAL COMPANY 48.57 MID AMERICAN WATER OF WA 1,481.20 MIDWEST HOSE AND FITTING 62.30 MIDWEST METER INC 7,725.28 MINUTEMAN PRESS OF MCH 2,251.42 NAPA AUTO PARTS MPEC 2,229.16 NCL OF WISCONSIN INC 750.40 NESTER, F PETER 199.75 NICOLET SCENIC TOURS 7,706.00 NICOR GAS 920.77 NORTH EAST MULTI-REGIONA 555.00 NORTHWEST ELECTRICAL SUP 15.97 NORTHWEST TRUCKS INC 50.56 O'HERRON CO INC, RAY 302.10 OLIVER, GREG 125.00 OWSLEY, MIKE 125.00 PARDUE, RYAN 8.00 PETERS, MARTHA 55.00 PETERSON, DWAYNE 80.00 PETROLIANCE LLC 13,111.19 PETROW, STEPHANIE S 445.00 PETTIBONE & CO, P F 2,958.39 PIECZYNSKI, LINDA S 150.00 Regular Meeting Page 3 April 21, 2014 PSP-BROOKFIELD 523.62 RADICOM INC 62.19 RATHJE & WOODWARD LLC 355.00 REISHUS, DEIRDRE 426.25 RELIABLE MAINTENANCE INC 415.00 RELIABLE OFFICE SUPPLIES 136.43 RESERVE ACCOUNT 408.24 REWIAKO, RICHARD 25.25 REX AUTO BODY 120.00 RNOW INC 1,748.94 ROGERS, MATT 125.00 ROSE, JEFFREY T 1,168.75 RUSH TRUCK CENTERS OF IL 4,017.99 SANCHEZ, RENE 446.00 SCHMITT, JON 16.00 SCHMITT, MATTHEW 16.00 SECRETARY OF STATE 6.00 SECRETARY OF STATE / POL 101.00 STANS OFFICE TECHNOLOGIE 179.00 STAPLES ADVANTAGE 583.47 TOBIN, TRACY 30.00 TONYAN, LUCY 391.50 TRAFFIC CONTROL & PROTEC 141.10 ULTRA STROBE COMMUNICATI 2,381.85 US BANK EQUIPMENT FINANC 446.00 USA BLUEBOOK 4,466.85 VERIZON WIRELESS 1,704.61 VIKING CHEMICAL COMPANY 2,229.20 VOELKER, MATT 173.99 VURDELJA JR, GEORGE N 60.00 WASTE MANAGEMENT 3,580.00 WASTE MANAGEMENT OF WI P 11,859.27 WOODWARD PRINTING SERVIC 3,607.89 ZARNOTH BRUSH WORKS INC 471.50 ZUMWALT, JACK D 8.00 GRAND TOTALS 333,426.15 FUND TOTALS GENERAL FUND 76,976.05 CAPITAL EQUIPMENT FUND 52,870.00 WATER/SEWER FUND 84,840.95 UTILITY IMPROVEMENTS FUND 110,789.10 RISK MANAGEMENT FUND 142.10 INFORMATION TECHNOLOGY FUND 1,891.25 RETAINED PERSONNEL ESCROW 5,916.70 TOTAL 333,426.15 Motion by Wimmer, seconded by Condon, to approve the Consent Agenda as presented. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Alderman Glab commented that the car show is an exciting and pleasurable weekly event for the City of McHenry. Regular Meeting Page 4 April 21, 2014 APPROVAL TO RENEW ANNUAL LIST OF LIQUOR LICENSES AND ORDINANCE DECREASING/INCREASING THE NUMBER OF LIQUOR LICENSES HELD IN Al, G1 AND, H CLASSIFICATIONS Mayor Low stated that pursuant to Chapter 4 of the City of McHenry Municipal Code, owners of establishments serving and/or selling alcoholic beverages located in the City limits must annually renew their liquor licenses. She noted that all applicants and managers have been fingerprinted and all license fees have been paid. Mayor Low provided the following list of the establishments requesting renewals for Fiscal Year 2014/2015. Class A Beer & Liquor - $1,400 A-1 McHenry County Club A-2 Firewood Restaurant & Sports Lounge A-3 Fox Hole Tap & Pizzeria A-4 The Corner Tap A-5 Buffalo Wild Wings A-6 The Gambler of McHenry A-7 N/A A-8 Marzano's A-9 Bimbo's Bar & Grill A-10 The Old Bridge Tavern A-11 Town Club A-12 After the Fox A-13 Main Street Saloon A-14 N/A A-15 N/A A-16 Village Squire of McHenry A-17 Main Street Station A-18 Twisted Moose A-19 Buddyz Riverwalk A-20 Corkscrew Pointe A-21 Plum Garden Restaurant A-22 Monaco's A-23 Vickie's Place A-24 N/A A-25 Applebee's Neighborhood Bar & Grill A-26 The Olive Garden Restaurant A-27 Nicolino's A-28 Green Peapod Restaurant Class Al Beer & Wine - $1,250 Al-1 N/A A2-2 Stuc's Pizza & Ribs Class A2 Caterer -Retailer - $1,650 A2-1 Route 31 Banquet & Conference Center A2-2 Chili's Grill & Bar Beer & Wine - $1,500 A2-3 Chain O'Lakes Brewing Co. Class F3 Packaged Beer & Liquor - $800 F3-1 McHenry BP F3-2 Bull Valley BP F3-3 Bucky's Express F3-4 3110 Food Mart Class G1 Beer & Liquor — Service Bar - $700 G1-1 Asi es mi Pueblo G1-2 N/A G1-3 La Hacienda G1-4 Windhill Restaurant G1-5 Green Street Cafe G1-6 Brunch Cafe G1-7 Sakura G1-8 Kim & Patty's Cafe Class H Beer & Wine Only - $700 H-1 Sushi King H-2 The Hickory Pit H-3 N/A H-4 Stella's Place Regular Meeting Page 5 April 21, 2014 Class B Packaged Beer & Wine - $700 B-1 Aldi Class D Beer & Liquor (NFP) - $100 D-1 Liberty Club of McHenry D-2 McHenry American Legion Post #491 D-3 VFW Veterans Club, Inc. Class F1 Packaged Beer & Liquor - $1,100 F1-1 Binny's Beverage Depot F1-2 McHenry Liquors, Inc. F1-3 Liquor & Wine Place F1-4 Sam's Liquors & Wine F1-5 Family Food Mart F1-6 Gill Liquor Class F2 Packaged Beer & Liquor - $800 F2-1 Shamrock Convenient Food & Liquor F2-2 Osco Drug Store F2-3 Jewel Food Store F2-4 N/A F2-5 Walgreens F2-6 7-Eleven F2-7 La Huerta Carniceria F2-8 Angelo's Fresh Market F2-9 Meijer Store #218 F2-10 Riverside Shop-N-Go Mayor Low noted that the establishments are required to obtain their State of Illinois Liquor Licenses on May 1, 2014, causing a burden on the owners when the City waits until the Annual Meeting to issue the licenses. Therefore, as a courtesy to provide additional time, the licenses are being renewed today. Responding to an inquiry from Alderman Santi regarding whether Stuc's intends to serve more than just beer and wine, Mayor Low stated that it is unknown at this time. Motion by Condon, seconded by Schaefer, approving the Fiscal Year 2014/2015 Liquor License List and Ordinance amending the number of Class H, Al and A2 license classifications, as presented. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Regular Meeting Page 6 April 21, 2014 AUTHORIZATION TO WAIVE MUNICIPAL CODE CHAPTER 16-41 AND ALLOW FOR SPONSORSHIP AND ADVERTISING SIGNAGE ASSOCIATED WITH SPONSORSHIP OF THE PARK AND APPROVE THE MCBARK PARK SPONSORSHIP AGREEMENT WITH GARY LANG SUBARU Deputy City Administrator Hobson reiterated to the Council that on September 4, 2013, the City opened the McBark Dog Park. Recently, there has been a surge of memberships due to the nicer weather and the prorated half year fees, which went into effect on March 1, 2014. To date, there are 150 registered users of the park and 155 total dogs. With the approval of advertising in the park at the November 11, 2014 City Council meeting, there has been interest from businesses to install advertising banners. A new and exciting development was a call and subsequent meeting with local car dealer, Gary Lang. Mr. Lang, in conjunction with his Subaru car line, has proposed a park sponsorship to cover all maintenance costs on an annual basis for the next three years. City Administration and representatives of Gary Lang, Inc., have developed a formal agreement for presentation to the Council. Staff is presenting the agenda item in the hope that Council will waive the Municipal Code allowing for sponsorship of the park, approve signage allowing for specific name sponsorship of the park and approve the Sponsorship Agreement, prior to the April 26, 2014 Grand Opening event. Staff feels that the Grand Opening of the McBark Dog Park would be an ideal time to introduce sponsorship by Gary Lang Subaru and generate excitement for lower user fees for the future. Deputy City Administrator Hobson noted that the main complaints Staff has received about McBark Dog Park are related to the cost of the user fees. The fees were instituted to cover the anticipated annual costs associated with the park, which are approximately $15,000. Mr. Lang's proposed park sponsorship would be for the entire $15,000 for each of the next three years. In return, there would be prominent signage in and around the park. Mr. Lang would also be allowed to have promotional opportunities or events at the park, including the ability to bring vehicles to the park in conjunction with these events. The City would be notified of the events and would cooperate on any coordination needed. The advertising would require waiver of Municipal Code Chapter 16-41 that prohibits advertising in the park. The additional revenue generated through the advertising would allow the City to substantially reduce resident and non-resident user fees. The new suggested rates would be $15 for residents and $25 for non-residents (as opposed to the current rates of $75 for residents and $125 for non-residents). The new rates are proposed to take effect when the current annual memberships expire on August 30, 2014. All park sponsorship money would be invested into maintenance of the park, as well as any capital improvements directly related to the park, such as an additional extension of a water line into the park, or other amenities for users in the park. Regular Meeting Page 7 April 21, 2014 If Council concurs with the recommendation, Staff is requesting a motion to waive Municipal Code Chapter 16-41 to allow for the sponsorship of the park and advertising signage associated with the sponsorship of the park, and authorization from Council for execution of the McBark Dog Park Sponsorship Agreement with Gary Lang Subaru, as presented. Alderman Schaefer thanked Gary Lang and Subaru for the generous sponsorship. Alderman Blake opined that it is an excellent program. Alderman Wimmer stated that he is pleased that the fees can be reduced. Alderman Peterson stated he is in favor of the sponsorship and the fee reduction. Alderman Condon stated she concurs with all the positive statements related to the sponsorship. Alderman Santi thanked Gary Lang and the dealership for their generosity to the community. Alderman Glab opined that the terms of the agreement are too loose. He inquired about what assurance the City has that signage would not be oversized and inappropriate. Alderman Glab voiced concerns that McBark Dog Park remains a dog park and not an advertising venue for Gary Lang. Deputy City Administrator Hobson assured Alderman Glab that signage would be consistent with the signage currently in the park. Alderman Glab inquired whether the proposed signage would be coming before Council for approval. Deputy City Administrator Hobson stated that the signage is currently being discussed with Staff regarding three different locations in the park. Alderman Glab inquired about specific events that Mr. Lang is proposing. Deputy City Administrator Hobson stated that Mr. Lang and Staff would be working together on any proposed event(s) and if the event was a large activity Mr. Lang would come before Council. Mayor Low thanked Gary Lang for partnering with the City of McHenry and the Community. Alderman Glab stated that he would like to see additional enhancements at the park with any funds from excess fees. Motion by Schaefer, seconded by Santi, approving the waiver of Municipal Code Chapter 16-41 to allow for the sponsorship of the park and advertising signage associated with the sponsorship of the park, and authorization from Council for execution of the McBark Dog Park Sponsorship Agreement with Gary Lang Subaru, as presented. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Regular Meeting Page 8 April 21, 2014 APPROVAL OF AN ORDINANCE AUTHORIZING THE EXECUTION OF AN OPTION AND STRUCTURE LEASE AGREEMENT WITH NEW CINGULAR WIRELESS PCS LLC FOR ANTENNA AND GROUND SPACE AT 3906 W. ALBANY STREET Deputy City Administrator Martin informed Council that over the past several years, the City of McHenry has entered into several lease agreements with wireless communications providers for the purpose of placing antennae and ground structures on City -owned property, as well as a monopole tower at the Public Works Facility on Industrial Drive. Currently, the City has four existing agreements, three of which are for ground space and associated antenna on the Sioux Lane water tower and the fourth for ground space at the Public Works Facility for a monopole tower and equipment building. New Cingular has proposed an Option and Structure Lease Agreement allowing them to place wireless communication antenna and an equipment building at 3906 W. Albany Street (City Water Tower), located in the Tonyan Industrial Park, off of Illinois Route 31. There are currently no existing antennas or structures at this location. The proposed lease area is approximately 400-425 square feet and the proposed agreement is structured differently, from a financial perspective, than past agreements in that two larger lump sum payments would be required, as opposed to monthly payments. This provides the City of McHenry with upfront capital dollars for maintenance, expansion or other improvements which may be required to the City's utility system. The other provisions of the agreement are similar to those the City has included in past agreements. Alderman Wimmer complimented Staff on their work and opined that he likes the terms of the agreement. Alderman Peterson, Alderman Condon and Alderman Santi concurred with Alderman Wimmer. Responding to an inquiry from Alderman Schaefer regarding ownership of the tower, Deputy City Administrator Martin assured Council that the City owns the tower. Alderman Schaefer inquired about who is responsible for repair to the tower in case of damage. City Attorney McArdle stated that at page 11 of the agreement it states that Cingular has a right to rebuild the facility, but there is no obligation to rebuild it. Motion by Wimmer, seconded by Condon, approving the Ordinance authorizing the Mayor's execution of the Option and Lease Agreement between the City of McHenry and New Cingular, as presented. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Regular Meeting Page 9 April 21, 2014 MAYOR STATEMENT AND REPORT Mayor Low encouraged everyone to attend the Arbor Day Ceremony at the Municipal Center on Friday, April 25, 2014 at 3:00 pm. Mayor Low informed Council that the official McBark Dog Park Grand Opening would be taking place on Saturday, April 26, 2014 from 10:00 am to 2:00 pm. A brief ceremony will be held at 11:00 am. Deputy City Administrator Hobson stated that if anyone plans on bringing their dog to the event, please be certain to have a rabies certificate with you. Mayor Low informed Council that on Sunday, April 27, 2014, the Human Race begins at the Corporate Center at 9:00 am. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS `- Alderman Glab stated that he is still awaiting information regarding the TIF. Mayor Low assured Alderman Glab that a full report regarding the TIF will be presented in the near future. Mayor Low stated that in Executive Session tonight the only topic that will be addressed will be personnel related. Consideration regarding the sale of property at 1202 and 1207 North Riverside Drive will be addressed in Executive Session at the meeting on May 5, 2014. EXECUTIVE SESSION Motion by Wimmer, seconded by Blake, to adjourn to Executive Session to discuss personnel matters at 8:05 pm. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Motion by Santi, seconded by Peterson, to return to Open Session at 8:30 pm. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Regular Meeting Page 10 April 21, 2014 Motion carried. Council returned to Open Session at 8:30 pm. ADJOURNMENT Motion by Wimmer, seconded by Peterson, to adjourn the meeting at 8:30 pm. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 8:30 pm. Mayor C, City Clerk