HomeMy WebLinkAboutMinutes - 02/02/2009 - City Council REGULAR MEETING
FEBRUARY 2, 2009
A Regular Meeting of the McHenry City Council was called to order by Mayor Low at
7:30 P.M. on Monday, February 2, 2009 in the Council Chambers of the Municipal Center.
At roll call the following Aldermen were present: Santi, Glab, Schaefer, Murgatroyd,
Wimmer, and Condon. Absent: Peterson. City Staff in attendance were: City Administrator
Maxeiner, Deputy City Clerk Kunzer, City Attorney McArdle, Deputy City Administrator
Martin, Assistant City Administrator Hobson, Director of Public Works Schmitt. Absent: City
Clerk Jones.
In attendance was Boy Scout Brian Anderson of Troop 455, who is working towards
attaining his Communications Badge. Mayor Low invited him to lead the Pledge of
Allegiance.
PRESENTATION: LETTERS OF COMMENDATION
Mayor Low announced Fire Chief Wayne Amore and Police Chief Bill Brogan wished
to address Council to award Letters of Commendation regarding recent response to a
structure fire in the community.
Chief Amore addressed Council providing a brief synopsis of an early morning fire
which occurred on January 17, 2009 at 3816 West Main Street in McHenry. The building is
a 15-unit apartment structure, home to at feast 33 occupants. Noting it was the first priority
of the first responders to evacuate the building, Chief Amore acknowledged the efforts of
the following firefighters' swift action to ensure there were no serious or fatal injuries
resulting from the fire:
Christopher Rohde
Rudy Rivera
Robert Zujewski
Joseph Krueger
Kevin Knoll (unable to attend this evening's meeting).
Chief Amore presented Mr. Rohde, Mr. Rivera, Mr. Zujewski, and Mr. Krueger with formal
Letters of Commendation, recognizing their valiant efforts on behalf of the community.
Chief Brogan also addressed Council, noting six police officers responded to the fire
and, due to their exemplary action, ensured the evacuation and safety of all of the
building's occupants. Those honored were:
Sergeant Thomas Beyer (unable to attend this evening's meeting)
Sergeant Brian McKeen
Officer Brian Aalto
--- Officer Paul Prather
Officer Justin DeBolt
Officer Omar Morales.
Chief Brogan presented Sergeant McKeen, Officer Aalto, Officer Prather, Officer DeBolt
and Officer Morales with formal Letters of Commendation. He noted through the efforts of
all of the first responders, the City was able to side-step a major disaster.
Mayor Low thanked Chief Amore and Chief Brogan for acknowledging the work of
these individuals. She stated McHenry is so fortunate to have men and women who step up
every day to make McHenry a safer community. Mayor Low stated she is very proud to be
Mayor of this community and grateful to first responders for all that they do on behalf of the
February 2,2009
Page 2
residents of the City of McHenry. The Council joined the Mayor in expressing its gratitude
to all firefighters and police officers.
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 Schaefer, seconded by Condon, to approve the Consent Agenda as
presented:
A. Ordinance amending Municipal Code Chapter 13, Traffic and Motor Vehicles;
B. Request for temporary signs to advertise 2009 Expo — McHenry Area Chamber
of Commerce;
C. Request for final reduction of Letter of Credit and acceptance of Maintenance
Bond and public improvements — Schroeder Lane Sanitary SewerlWater Main
extension;
D. Final reduction in Letter of Credit pending receipt of Maintenance Bond, and
acceptance of public improvements - Route 120 water main extension;
E. Final pay request for Parks and Open Space Master Plan — Bonestroo,
$5,855.65;
F. Final pay requests for Public Works Facility, 1415 Industrial Drive:
Cornerstone Material Recovery, $9,465;
Swedierski Concrete, $71,495;
Raynor Door Authority, $2,860;
G. City Council Minutes:
January 19, 2009 regularly scheduled meeting;
H. List of Bills:
ACE TOWING & RECOVERY 1.25.00
AMERICAN RED CROSS OF GR .917.21
ASHLAND SPECIALTY CHEMIC 2,610.00
AT&T 2,756.65
AT&T LONG DISTANCE 70.04
BANKCARD SERVICES 6,645.67
BATTERIES PLUS 125.72
BUSS FORD SALES 628.90
C&H DISTRIBUTORS INC 340.04
CALEA 315.00
CDW GOVERNMENT INC 1,675.87
CENTURY SPRINGS 109.65
COUNTY CLERKS OFFICE 20.00
CRESCENT ELECTRIC SUPPLY 754.87
CURRAN CONTRACTING COMPA 914.61
CUTTING EDGE COMMUNICATI 525.00
DELL MARKETING LP 3,480.57
DIXON CONSTRUCTION GROUP 10,079.94
DREISILKER ELECTRIC MOTO 24.93
DULTMEIER SALES 127.50
DURA WAX COMPANY INC, TH 254.20
ENCHANTED CASTLE 60.00
FAMILY TAILOR SHOP 29.00
FBI NAA 85.00
FIREGUARD OF ILLINOIS IN 5,214.60
FITNESS FIRST 70.05
FLESCH COMPANY INC, GORD 437.98
FONE ZONE-MCHENRY, THE 99.98
FOX WATERWAY AGENCY 30.00
GARAVENTA USA INC ANTIOC 11,689.00
GORNIAK, PATRICK 60.00
GREAT LAKES FIRE & SAFET 165.40
February 2,2009
Page 3
HARTWIG PLUMBING & HEATI 40,432.50
HD SUPPLY WATERWORKS 240.00
HERITAGE-CRYSTAL CLEAN 249.50
HOLIAN ASBESTOS REMOVAL 410.00
HYDRAULIC SERVICES AND R 111.08
IACP 240.00
ICMA 987.14
ILLINOIS STATE POLICE 20.00
IMAGETEC LP 639.85
INTEGRA BUSINESS SYSTEMS 122.30
INTERIOR CONCEPTS INCORP 9,924.00
JACK FROST IRON WORKS IN 7,650.00
JUST RITE ACOUSTICS INC 12,573.00
KALE UNIFORMS INC 615.85
KIMBALL MIDWEST 127.63
KIRCHNER, ANDREA 50.00
KITTL, AMBROSE M 50.00
KIWANIS CLUB OF MCHENRY 590.00
KRANZ, ANNE 25.76
LANG PONTIAC-CADILLAC-SU 33.54
MAY DECORATING II INC 6,300.00
MCCAULEY, MARTIN E 30,600.00
MCHENRY ANALYTICAL WATER 120.00
MCHENRY COUNTY CHIEFS OF 105.00
MEYER MATERIAL COMPANY 2,230.74
MID-STATES ORGANIZED CRI 250.00
NEXTEL 2,987.57
NICOR GAS 7,161.55
NORTH EAST MULTI-REGIONA 50.00
NORTH SUBURBAN WATER 45.00
NORTHWEST ELECTRICAL SUP 32.00
NORTHWESTERN UNIVERSITY 66.00
NWBOCA 160.00
O'ROURKE, DANIEL 125.00
OLSEN SAFETY EQUIPMENT C 142.34
ORIENTAL TRADING CO INC 156.48
PENZE, JACQUELINE S 200.00
PETROLIANCE LLC 10,378.94
PETTIBONE & CO, P F 165.00
PHOENIX WOODWORKING CORP 1,295.24
PRECISION SERVICE & PART 91.19
RALEIGH MARRIOTT CITY CE 667.48
SADOWSKI, LISA 59.40
SAFARI LAND LLC 100.00
SCHATZ, DONALD 195.00
SEC GROUP INC 42,921.59
SEXTON, ERIC M 33.60
SHERMAN MECHANICAL INC 1,025.00
SIG SAUER INC 395.00
SPRINT 72.27
STAPLES BUSINESS ADVANTA 344.86
STAPLES CREDIT PLAN 719.94
STONE, TANYA L 630.00
SYMBOLARTS 465.00
TEAM REIL INC 2,371.00
TONYAN, JANICE 15.00
TRI-STATE CARPET & DECOR 15,687.16
USA BLUEBOOK 179.99
VERIZON WIRELESS 155.10
VIDALES, HENRY 5.00
VIKING CHEMICAL COMPANY 5,353.54
WALAT, HOLLY 161.26
WALMART COMMUNITY 562.71
WASTE MANAGEMENT OF WI P 5,492.46
ZUKOWSKI ROGERS FLOOD & 18,773.00
GRAND TOTALS 285,001.94
February 2,2009
Page 4
FUND TOTALS
GENERAL FUND 52,485.04
CAPITAL IMPROVEMENTS FUND 152,055.44
WATER/SEWER FUND 24,491.66
UTILITY IMPROVEMENTS FUND 42,889.09
INFORMATION TECHNOLOGY FUND 3,330.21
RETAINED PERSONNEL ESCROW 9,750.50
TOTALS 285,001.94
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon.
Voting Nay: None.
Absent: Peterson.
Motion carried.
REQUEST FOR SIGN VARIANCE — LIBERTY TAX SERVICE, 5017 WEST ELM STREET
Deputy City Administrator Martin stated a request was received from Tim Oman of
Liberty Tax Service for a temporary sign at the facility located at 5017 West Elm Street. The
request is for a 32 square foot sign to be posted on their site from February 3, 2009 until
April 16, 2009.
Deputy City Administrator Martin noted this company formerly utilized "gorilla
advertising", employing costumed persons to wave at passing cars. This matter was
extensively reviewed by the Community Development Committee. The Committee saw this
type of advertising as hazardous, causing safety concerns for motorists and pedestrians
alike. Mr. Oman is seeking a permit to place a ground sign on the premises instead of using
the "gorilla advertising" technique. Due to the length of time the temporary sign would be
posted, a variance is required. Staff believes the sign would help the business to be more
successful and provide a safer alternative for the advertising. Staff supports the request.
In response to Alderman Glab's inquiry, Deputy City Administrator Martin
stated the current sign on the premises is the permanent ground sign. The temporary sign
would be in addition to the existing ground sign.
Motion by Condon, seconded by Wimmer, to accept Staffs recommendation to
approve a variance for a 32 square foot temporary sign, to be posted from February 3,
2009 until April 16, 2009, at Liberty Tax Service, located at 5017 West Elm Street, subject
to the sign being posted on private property.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon.
Voting Nay: None.
Absent: Peterson.
Motion carried.
Alderman Condon left the Council Chambers at 7:52 p.m.
CONDITIONAL USE PERMIT AND VARIANCES — B & B AUTOMOTIVE, 917 NORTH
FRONT STREET
Deputy City Administrator Martin stated Ernie Baggio, owner and proprietor of B & B
Automotive, located at 913 North Front Street . submitted an application requesting a
conditional use permit and variances for the adjacent property he is purchasing located at
917 North Front Street. Mr. Baggio intends to.expand his business to increase the number
of service bays and to offer an open sales lot for used automobiles.
February 2,2009
Page 5
Deputy City Administrator Martin stated the subject property was formerly owned
and operated for automotive repair and used car sales. The applicant intends to remove the
existing building and construct a new building in the same footprint. Variances are required
to construct the building. Additionally, a conditional use permit is needed to construct and
operate an automotive repair facility on the site and to have an open sales lot for used cars
and/or trucks. The applicant intends to display for sale approximately seven vehicles on the
premises.
Deputy City Administrator Martin noted the Planning and Zoning Commission at its
January 22, 2009 regularly scheduled meeting held a public hearing and considered the
request. The Commission unanimously supported the applicant's request for conditional
use permit and variances for the property located at 917 North Front Street. Staff believes
the redevelopment of this property would benefit the City and this area in general.
Alderman Santi stated it would appear the neighborhood would be greatly improved
by this redevelopment project. He noted it would be a positive improvement for this section
of Front Street and he supports the request.
Alderman Glab stated he is not sure the proposal meets the long-term plans for this
area. He stated he is not comfortable with an open-ended variance to allow the existing
free-standing pole light on the site. He opined there should be a specific date upon which it
should be removed.
Alderman Glab opined the property would be a hodge-podge if developed with an
automobile repair facility and a seven-car sales lot. He questioned how the property might
be maintained in the future. He suggested approval of the request might present an open
door to enforcement problems. Alderman Glab stated he could not support the request as
presented.
Alderman Schaefer stated he also had concerns with aspects of the requested
variances. He inquired if all of the variances were being considered at once. He suggested
if some of the variances could be removed he would be more apt to support the request.
He questioned why the applicant would require all of these variances.
Alderman Murgatroyd inquired if there was a rendering or elevation of the front of the
building. Deputy City Administrator Martin responded there is a depiction of the building
contained in the Agenda packet. He stated he believes it would be a one-story block
building. Alderman Murgatroyd inquired how the proposed use would blend in with the
City's long-term plans for this area. Deputy City Administrator Martin responded the plan
includes commercial for this area.
Alderman Wimmer noted the subject property was formerly used for automotive
repair and display of used vehicles. The applicant is proposing to enhance the property.
The applicant has greatly improved the site of his current business. Alderman Wimmer
stated the applicant would likely greatly improve the subject property as well. He stated he
has no issues with the request.
Alderman Santi reiterated B & B Automotive has greatly improved their site. He
suggested they would likely make the subject property look as visually attractive as their
February 2,2009
Page 6
current site. Alderman Santi concurred with Alderman Wimmer, noting the business site
looks much better than when they first purchased the property. He suggested the property
owner intends to enhance the subject property. He questioned if the applicant would be
required to follow the regular building permit process. Deputy City Administrator Martin
responded in the affirmative.
Alderman Glab stated he would prefer the matter be referred to the Community
Development Committee for consideration and further discussion. He stated he is not
comfortable discussing this matter any further this evening. He opined more information
needs to be provided before action can be taken regarding the request. Alderman Glab
noted Council should be apprised as to what the building would look like when completed.
Otherwise, Council would be blindly approving the request. Alderman Glab stressed the
matter should be referred to committee.
Alderman Santi noted he understood Alderman Glab's concerns. He suggested
Council noted what the applicant has done to improve their existing location at 913 North
Front Street. He opined the applicant would enhance the subject property. Even though
Council is not certain what the building would look like, he is confident with Staff review and
building permit restrictions.
Alderman Glab stated residents elect the City Council to make these decisions.
Council needs more information and this matter should be sent to committee for
consideration, he stressed. He questioned whether the City wants development to take
place in areas where potential future street widening/expansion could occur.
Alderman Murgatroyd questioned if the applicant would be required to conform to
the building permit application process. Deputy City Administrator Martin responded the
applicant would need to meet all permit requirements. Alderman Murgatroyd inquired, if the
applicant's plan did not meet all of the criteria of the variances as stated, would they be
required to come back to Council for additional consideration and action. Deputy City
Administrator Martin responded in the affirmative.
Alderman Schaefer inquired if the proposed use complies with the recently approved
Main Street Sub-Area Plan. Deputy City Administrator Martin responded in the affirmative.
Alderman Schaefer inquired if, when applicable potential developers come to the City, are
they informed of possible widening/expansion of adjacent roadways. Deputy City
Administrator Martin responded that whenever a potential exists for street improvements in
the area Staff informs developers of same.
Alderman Glab opined if the applicant's request were granted, Council would be
establishing a precedent. He expressed concerns that this property might be included in
potential Route 31 widening and the applicant would be improving his property only to have
to give it up when the road widening occurs. Alderman Glab inquired if additional property
is required to complete road widening, who pays for the purchase of the property. City
Administrator Maxeiner responded if it is a state project, the state would purchase the
required property.
February 2,2009
Page 7
Motion by Santi, seconded by Schaefer, to accept the unanimous recommendation
of the Planning and Zoning Commission to pass and approve an ordinance granting the
following to Ernie Baggio, for his property located at 917 North Front Street:
1) Conditional Use Permit to allow the use of an automobile repair facility and open
sales lot in a commercial district, subject to the condition that a maximum of seven
vehicles are permitted to be displayed on the sales lot at any given time;
2) Variances to allow the rear yard setback be reduced from 15 feet to 8 feet and the
side yard setbacks to be reduced from 10 feet to 2 feet;
3) Variances from the landscape provisions as follows, provided the applicant utilizes a
minimum of three concrete planters to be placed in front of the building:
a) 10-foot parking screening strip; and
b) 30% foundation base;
4) Variance from lighting regulations to allow the continued use of existing lighting on
the site, provided the applicant utilizes additional building fagade lighting in
accordance with the provisions of the lighting ordinance.
Voting Aye: Santi, Glab, Schaefer, Wimmer.
Voting Nay: Glab.
Absent: Peterson, Condon.
Motion carried.
Alderman Condon returned to the Council Chambers at 8:12 p.m.
VARIOUS AMENDMENTS TO THE MUNICIPAL CODE AND ZONING ORDINANCE
Deputy City Administrator Martin stated the Planning and Zoning Commission
considered at its January 22, 2009 regularly scheduled meeting proposed amendments to
the City's Zoning Ordinance and Municipal Code. The proposed changes include:
1) General Text Cleanup: references to "Zoning Board of Appeals" (now Planning and Zoning
Commission), "Planned Unit Development" (now Integrated Design District), Community Development
Director (now referred to as Zoning Administrator), "Community Development Department" (now known as
Construction and Neighborhood Services Department)be amended.
2) Accessory Structures: Modify requirements to reflect the relationship between lot size and existing
building styles regarding proposed accessory structures.
3) Neon Signs: Incorporate specific restrictions regarding neon signs which are currently not being
regulated.
4) Moving Signs. Remove all references to moving signs from the Zoning Ordinance and include moving
signs within the Municipal Code Chapter 3,Advertising Nuisances,where it could be more properly enforced.
Deputy City Administrator Martin stated the Commission supported the proposed
ordinance amendments.
Alderman Murgatroyd stated there are some aspects of the proposed modifications
he does not agree with and could not support the request for amendments.
In response to Mayor Low's inquiry, City Attorney McArdle noted Council could pass
all four ordinances within the context on one motion.
February 2,2009
Page 8
Motion by Wimmer, seconded by Condon, to pass ordinances providing for the
following modifications to the Municipal Code and Zoning Ordinance as presented: -�
1) General Text Cleanup: relating to Planning and Zoning Commission, Integrated Design District,
Zoning Administrator, and Construction and Neighborhood Services Department be amended.
2) Accessory Structures: modify requirements reflecting the relationship between lot size and existing
building styles regarding proposed accessory structures.
3) Neon Signs: incorporate specific restrictions regarding neon signs.
4) Moving Signs: remove all references to moving signs from the Zoning Ordinance and include moving
signs within the Municipal Code Chapter 3,Advertising Nuisances.
Voting Aye: Santi, Glab, Schaefer, Wimmer, Condon.
Voting Nay: Murgatroyd.
Absent: Peterson.
Motion carried.
MAYOR- STATEMENT AND REPORT
Mayor Low announced the pillar for CHARACTER COUNTS! in February is
CITIZENSHIP. Mayor Low noted the CHARACTER COUNTS! posters currently being
displayed in the Municipal Center Atrium were drawn by Montini students. She thanked the
students for their support of this program.
COMMITTEE REPORTS '
There were no Committee Reports.
STAFF REPORTS
There were no Staff Reports.
FUTURE AGENDA ITEMS
Alderman Schaefer inquired if there had been a confirmation regarding the results of
the Special Census conducted in 2008. City Administrator Maxeiner responded non-
confirmed numbers had been received. Confirmation should be received in the near future
followed by certification of the results approximately 30 days thereafter.
ADJOURNMENT
Motion by Wimmer, seconded by Schaefer, to adjourn the meeting at 8:21 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon.
Voting Nay: None.
Absent: Peterson.
Motion carried.
=eeting was adjourn at 8:21 p.m.
MAYOR DEPUTY CITY CLE K