HomeMy WebLinkAboutMinutes - 06/13/2011 - City Council REGULAR MEETING
JUNE 13, 2011
Mayor Low called the regularly scheduled June 13, 2011 meeting of the McHenry City
Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab, Blake,
Wimmer, Peterson, and Condon. Absent: Schaefer. Also in attendance were Deputy City
Administrator Martin, Assistant City Administrator Hobson, City Clerk Jones, City Attorney McArdle,
Construction and Neighborhood Services Director Schwalenberg, Public Works Director Schmitt,
Parks and Recreation Director Merkel, Deputy Chief Lumber.
PUBLIC INPUT SESSION
There was no one who signed in to speak during the Ten Minutes of Public Input.
CONSENT AGENDA
Mayor Low announced Consent Agenda Item A includes permission to post the banner on
the fence at Petersen Farm. She also announced Council has been provided with a revised
supplement outlining Consent Agenda Item D, the purchase and outfitting of four police vehicles
for a total not-to-exceed- amount of$124,488.
Motion by Santi, seconded by Wimmer, to approve the Consent Agenda as amended:
A. Temporary Advertising signs including banner on fence for"Day at Petersen Farm";
B. Temporary Use Permit for Nicolino's Trackside,621 Ridgeview Drive;
C. Special Event Liquor License for Nicolino's Trackside,621 Ridgeview Drive;
D. Purchase of four squads for Police Department from Landmark Ford in Springfield through State of Illinois Purchasing
Program and outfitting of four squads from independent contractors for a total cost not-to-exceed$124,488;
E. Proposal from Furst Concrete for installation of epoxy floor covering in Water Plant#1 in an amount not-to-exceed$7,700;
F. Committee Recommendation to seek authorization to proceed with zoning amendments before the Planning and Zoning
Commission relating to residential chickens;
G. Block Party request:
Nicholas J Wirth,Olde Mill Ponds,Saturday,July 2,2011;
H. Picnic Permits;
I. List of Bills:
ACE HARDWARE, BJORKMAN'S 2,633.55
ADVANCED AUTOMATION AND 23,907.88
AT&T 31.40
AUTO TECH CENTERS INC 203.00
B&W CONTROL SYSTEMS INTE 194.46
BANK OF NEW YORK MELLON 400.00
BANKCARD PROCESSING CENT 1,428.67
BAXTER & WOODMAN 292.50
BERGGREN, LEE 379.20
BOONEBAGO EDUCATIONAL SE 798.00
BUSS FORD SALES 587.77
CENTEGRA OCCUPATIONAL HE 58.80
CINTAS CORPORATION #355 1,336.32
COMCAST CABLE 74.90
COMED 2,928.70
COMMUNICATIONS REVOLVING 20.00
CONSTELLATION NEWENERGY 41,284.45
CRESCENT ELECTRIC SUPPLY 241.77
CURRAN CONTRACTING COMPA 5,187.21
CUSTOM LANDSCAPING 1,150.00
D'S MARINE SERVICE INC 11.34
DELL MARKETING LP 5,217.30
Regular Meeting
Page 2
June 13,2011
DOCUMENT IMAGING DIMENSI 155.00 ^�
DUCAK, KELLY 150.00
DURA WAX COMPANY INC, TH 991.95
ED'S AUTOMOTIVE/JIM'S MU 115.00
EDER CASELLA & CO 500.00
FISCHER BROS FRESH 940.63
G & E GREENHOUSES INC 1,259.16
GEMPLER'S INC 89.85
HALOGEN SUPPLY COMPANY 1,682.20
HAMPTON INN JOLIET 452.00
HARM'S FARM 243.98
HRGREEN 7,434.94
I-PAC C/O WILLIAM WALSH 50.00
ILLINOIS RURAL WATER 135.00
KIMBALL MIDWEST 239.44
LEE AUTO MCHENRY 141.55
MAYWALD, JAY 112.00
MCANDREWS PC, THE LAW OF 6,800.00
MCHENRY COUNTY RECORDER 730.00
MIDWEST METER INC 9,664.30
MINUTEMAN PRESS OF MCH 444.41
NAPA AUTO PARTS MPEC 1,828.05
NORTH EAST MULTI-REGIONA 35.00
NORTHERN ILLINOIS SPECIA 142,501.00
PEPSI BEVERAGE COMPANY 621.76
PETROLIANCE LLC 3,642.77
PETTIBONE & CO, P F 104.96
PRECISION SERVICE & PART 450.77
PRIME TACK & SEAL CO 628.30
PUCHALSKI, RICHARD J 462.00
REINDERS INC 416.10
RELIABLE SAND & GRAVEL 1,018.49
RIDGEVIEW ELECTRIC INC 568.60
RIVERSIDE BAKE SHOP 205.11
SERVICEMASTER BY DIDIER 1,152.00
SIEBECK, MARY BETH 25.00
SMALE, GUY 12.00
STANS OFFICE TECHNOLOGIE 179.00
STAPLES ADVANTAGE 137.11
THOMAS TRUCKING INC, KEN 772.50
TRAFFIC CONTROL & PROTEC 1,266.17
USA BLUEBOOK 99.50
VIKING CHEMICAL COMPANY 8,753.32
WASTE MANAGEMENT OF WI P 7,886.55
WILSON NURSERIES INC 129.00
ZARNOTH BRUSH WORKS INC 632.00
GRAND TOTALS 294,225.69
FUND TOTALS
GENERAL FUND 180,331.91
AUDIT EXPENSE FUND 500.00
DEBT SERVICE-1997A FUND 400.00
CAPITAL IMPROVEMENTS FUND 7,434.94
WATER/SEWER FUND 75,233.96
UTILITY IMPROVEMENTS FUND 23,907.88
RISK MANAGEMENT FUND 58.80
INFORMATION TECHNOLOGY FUND 5,896.20
POLICE PENSION FUND 462.00
TOTALS 294,225.69
Voting Aye: Santi, Glab, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Schaefer.
Motion carried.
Regular Meeting
Page 3
June 13,2011
APPROVAL OF MCHENRY RIVERWALK FOUNDATION DONOR WALL
Assistant Administrator Hobson stated the McHenry Riverwalk Foundation has been
accepting donations for the enhancement and completion of the Riverwalk project since 2001. The
Foundation wishes to recognize those who have contributed to the project and would like to erect
a monument sign for that purpose. The sign would be approximately 5' by 9' and be located
approximately 12' from the Green Street sidewalk and 2' off the actual Riverwalk. A separate sign
would be placed adjacent to the larger sign. This list would be utilized to list all donors.
Assistant Administrator Hobson noted the Foundation would also like to recognize the
contributions of the Gladstone Family and the site of the City's first hospital. The Foundation would
like to install a 5' by 6' by 3' stone encasement around plumbing fixtures where the plaque would
be affixed.
Assistant Administrator Hobson stated the signs would be constructed and installed at no
expense to the City. It is Staff's recommendation to approve the signs as presented.
Alderman Condon stated the signs would be a great enhancement to the area. She noted
she approves of the sign design.
Alderman Santi expressed his gratitude to the Foundation and Staff for their work in
bringing this project forward.
Alderman Blake opined the installation of the signs is a great idea. Aldermen Wimmer and
Peterson concurred.
Motion by Condon, seconded by Blake, to accept Staff's recommendation to approve the
installation.of signs on the McHenry Riverwalk by the McHenry Riverwalk Foundation as presented.
Voting Aye: Santi, Glab, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Schaefer.
Motion carried.
APPROVAL OF SPECIAL USE APPLICATION AND WAIVER OF FEES FOR LEGEND LAKES HOA
COMMUNITY EVENTS ON JULY 18, 2011 AND JULY 16, 2011 IN SHAMROCK FARMS PARK
Assistant Administrator Hobson stated a request was submitted by the Legend Lakes
Homeowners Association to host two neighborhood events in the Shamrock Farms Park. The HOA
intends to host a family movie night and ice cream social beginning at 6 p.m. and ending at 10:30
p.m. on June 18th. The event scheduled for July 16th is a family picnic from 11 a.m. until 5 p.m.
Assistant Administrator Hobson noted the HOA is requesting a waiver of fees for park use. It is
Staff's recommendation to approve the request as presented.
Regular Meeting
Page 4
June 13,2011
Alderman Condon expressed concern with park cleanup, particularly as pony rides are
proposed. She stated Staff should make it clear to the HOA they are responsible for park cleanup
following the events.
Alderman Glab inquired if the proposed use required any Staff support services. Assistant
Administrator Hobson responded additional garbage cans would be placed in the park. No
additional staff services would be required.
Alderman Glab stated he would like to limit the amount of beer and wine each family is
allowed to bring to the picnic. Assistant Administrator Hobson stated he would discuss Council's
reticence regarding alcohol use at the events with the event coordinators.
Motion by Blake, seconded by Wimmer, to accept Staff's recommendation to approve the
use of Shamrock Farms Park by the Legend Lakes Homeowners Association for neighborhood
events scheduled on June 18, 2011 and July 16, 2011, and to waive all associated fees, as
presented.
Voting Aye: Santi, Glab, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Schaefer.
Motion carried.
ORDINANCE AUTHORIZING VARIANCES—O'REILLY AUTO PARTS STORE 4611 WEST ELM STREET
Deputy Administrator Martin stated a request was submitted by O'Reilly Auto Parts to
demolish the existing building and to construct a new facility at 4611 West Elm Street. The request
requires variances as to rear yard building setback, foundation base landscaping, and driveway lane
widths. The Planning and Zoning Commission considered the requested variances at its meeting
held on June 2, 2011 and unanimously recommended approval subject to the following conditions
being met:
1. Any part of the existing fence on the property, currently in disrepair, that will remain as part of the proposed
redevelopment of the property, must be repaired or replaced to a like-new condition;
2. any new fencing installed on the site shall conform in height,style and color with any existing fence;
3. The three existing parkway trees must be retained; if they are currently dead or in poor health, they must be
removed and replaced with appropriate species as determined by the Superintendent of Forestry and Park
Planning;
4. The site shall be developed in substantial accordance with the site plan prepared by O'Reilly Auto Parts revised
2/25/2011 and the landscape and lighting plans prepared by O'Reilly Auto Parts dated 4/13/2011, as well as
building elevations submitted with the request.
Alderman Condon noted the sited has needed revitalization for some time. She stated she is
glad to see the property is being redeveloped.
Alderman Glab expressed concerns with the proposed all-metal frame building. He stated
all of the surrounding buildings are brick construction. He opined the building should have some
Regular Meeting
Page 5
June 13,2011
masonry components. He noted he would like to see the site redeveloped but does not support the
steel building structure.
Alderman Blake noted while he understands Alderman Glab's concerns he does not have a
problem with the steel building construction.
Alderman Peterson stated he concurs with Alderman Glab. He would prefer brick and
mortar construction of the building.
Alderman Condon stated she initially had concerns with the steel construction but noted
the building would be offset with landscaping. She believes it would be aesthetically pleasing. The
economy dictates the design and material use for the construction.
Mayor Low concurred with Alderman Condon.
Alderman Santi noted the proposed redevelopment would create a positive impact on the
parcel of land.
Alderman Wimmer noted while the steel building structure is not that appealing, it would
still be an enhancement to the area.
Alderman Glab noted the applicant would likely return for sign variances and at that time
would provide a better picture of the end-result of the site redevelopment.
Motion by Condon, seconded by Wimmer, to accept the unanimous recommendation of the
Planning and Zoning Commission to pass an ordinance granting variances as follows to O'Reilly
Auto Parts for its facility to be located at 4611 West Elm Street:
1. to allow reduction of the 30' rear yard building setback by 6.2%
2. to allow reduction from the 10' foundation base landscape strip by 5' on the north side of the proposed
building;
3. to allow driveway lanes exceeding 12' in width and 36'total with for the entire driveway at both access points
on the site;
Subject to the following conditions being met:
1. Any part of the existing fence on the property, currently in disrepair, that will remain as part of the proposed
redevelopment of the property, must be repaired or replaced to a like-new condition;
2. any new additional fencing installed on the site shall conform in height, style and color with any existing
remaining fence;
3. The three existing parkway trees must be retained; if they are currently dead or in poor health, they must be
removed and replaced with appropriate species as determined by the superintendent of Forestry and Park
Planning;
4. The site shall be developed in substantial accordance with the site plan prepared by O'Reilly Auto Parts revised
2/25/2011 and the landscape and lighting plans prepared by O'Reilly Auto Parts dated 4/13/2011, as well as
�,� building elevations submitted with the request.
Regular Meeting
Page 6
June 13,2011
Voting Aye: Santi, Blake, Wimmer, Condon.
Voting Nay: Glab, Peterson.
Absent: Schaefer.
Motion carried.
ORDINANCE AUTHORIZING CONDITIONAL USE PERMIT AND VARIANCES FOR THE PROPERTY
LOCATED AT 302 SOUTH ROUTE 31—MCDONALD'S USA
Deputy Administrator Martin stated a request was submitted by McDonald's USA to
relocate their restaurant from the northeast corner of Charles Miller Road and Route 31 to the
southeast corner of the intersection of Route 31 and Park Place. The project requires a conditional
use permit for a restaurant with a drive-in facility as well as variances relating to the foundation
base landscape requirements and drivewav entrance width.
Deputy Administrator Martin nited the proposal was considered by the Planning and
Zoning Commission at a public hearing held on May 19, 2011 and received a unanimous
recommendation for approval subject to the following conditions being met
• Conditional use permit shall be revoked and become null and void if the use is not established, a required
building permit is not obtained and, construction is not started within one year of the date of ordinance
approval by City Council or if the use ceases operation for more than one year.
• The applicant shall investigate the feasibility of an interconnection with the vacant property to the east, as
well as the possibility of creating a more direct sidewalk connection from the east property line leading to the
restaurant entrance for pedestrians and bicyclists,similar to the connection/striping from Illinois Route 31.
• Address the issue of safety on the south property line in terms of the elevation difference between the top of
the proposed retaining wall and the parking lot with some type of barrier or fence potentially on top of the
retaining wall.
• Investigate the possibility of relocating the transformer on the south side of the building closer to the building
and also screening the transformer from public view.
• Investigate how on-site snow removal will be handled in terms of snow placement after the lot is cleared so
vision clearance and safety are not issues.
• Insert a sidewalk along Park Place lot frontage in accordance with the city ordinances.
• Insert concrete pad and sidewalk connection from employee-only service door on the south side of the
building to the trash corral.
• Delineate the three parking spaces closest to the drive-thru lanes on the west side of the building as
employee-only parking with signage so there are no conflicts with vehicles backing-out of those spaces and
hitting pedestrians or a stationary vehicle lined-up to utilize the drive-thru.
Alderman Peterson commented there was quite a traffic jam on Saturday with brush drop-
off at Knox Park. Director of Public Works Schmitt stated he would address this matter.
Alderman Condon expressed her appreciation for McDonald's partnership with the
Character Counts! Coalition.
Alderman Glab expressed concern with the access interconnection within the site. He
opined the site is not configured to the proposed onsite traffic flow. He stated he does not support
any connection of this lot to another adjacent business. Alderman Glab inquired as to the
Regular Meeting
Page 7
June 13,2011
installation of sidewalk along Park Place. Deputy Administrator Martin responded engineering of
the site prohibits sidewalk installation; however, the applicant would be contributing to the City
the cost of installation of a 5' sidewalk along Park Place.
Deputy Administrator Martin noted the proposed interconnection to adjacent properties to
the east of the site was his suggestion and the idea was not presented by McDonald's USA.
Motion by Wimmer, seconded by Santi, to accept the unanimous recommendation of the
Planning and Zoning Commission to pass an ordinance providing for the following as requested by
McDonald's USA for its property located at 302 South Route 31:
1) Conditional Use Permit to allow the construction and operation of a restaurant with a drive-
in facility on the subject property subject to the following conditions:
• Conditional use permit shall be revoked and become null and void if the use is not established, a required
building permit is not obtained and, construction is not started within one year of the date of ordinance
approval by City Council or if the use ceases operation for more than one year.
• The applicant shall investigate the feasibility of an interconnection with the vacant property to the east, as
well as the possibility of creating a more direct sidewalk connection from the east property line leading to the
restaurant entrance for pedestrians and bicyclists,similar to the connection/striping from Illinois Route 31.
• Address the issue of safety on the south property line in terms of the elevation difference between the top of
the proposed retaining wall and the parking lot with some type of barrier or fence potentially on top of the
retaining wall.
• Investigate the possibility of relocating the transformer on the south side of the building closer to the building
and also screening the transformer from public view.
• Investigate how on-site snow removal will be handled in terms of snow placement after the lot is cleared so
vision clearance and safety are not issues.
• Contribute the cost of sidewalk installation along Park Place lot frontage in accordance with the city
ordinances.
• Insert concrete pad and sidewalk connection from employee-only service door on the south side of the
building to the trash corral.
• Delineate the three parking spaces closest to the drive-thru lanes on the west side of the building as
employee-only parking with signage so there are no conflicts with vehicles backing-out of those spaces and
hitting pedestrians or a stationary vehicle lined-up to utilize the drive-thru.
2) Approval of a variance to the zoning ordinance provisions regarding driveway width
requirements for non-residential uses to increase the maximum width permitted for the
inbound lane of traffic adjacent to Park Place from 12' to 14' with the condition the site is
designed in substantial accordance with the site plan prepared by Watermark Engineering
Resources, Ltd.
3) Approval of a variance from the zoning ordinance provisions regarding foundation base
landscaping to allow a minimum width of four feet of foundation base landscaping along
the western side of the building with the condition the site is designed in accordance with
the landscape plan prepared by Watermark Engineering.
Regular Meeting
Page 8
June 13,2011
Voting Aye: Santi, Glab, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Schaefer.
Motion carried.
REQUEST FOR SIGN VARIANCES FOR THE PROPERTY LOCATED 302 SOUTH ROUTE 31 —
MCDONALD'S USA
Deputy Administrator Martin stated McDonald's USA has submitted their request for sign
permits for the new facility located at 302 South Route 31. The proposed wall signs would be for
one less than originally requested. The freestanding sign would exceed the maximum allowable
height of 15' as it would be 25' high. The proposed signage for the site is as follows:
Signage Permitted by Ordinance McDonald's Requested Signage
66 square feet wall signage(two permitted) 152 square feet of wall signage (five proposed wall
signs)
104 square feet freestanding sign w/15' height 96.64 square foot freestanding sign w/25' height and
limitation and 5'setback electronic reader board;w/5'setback
Menu board sign (32 square feet) w/8' height Two menu board signs (44 square feet each) w/5.30'
limitation (one permitted in side/rear yard only) height each; not located in any required yard
Directional sign (5 square feet) w/3' height Two directional signs (4.0 square feet each)-3.30'
limitation (one/entrance/exit location permitted) height
Due to the special topographical circumstances of the site, Staff recommends approval of the sign
variance request as submitted.
Motion by Wimmer, seconded by Santi, to accept Staff's recommendation to approve sign
variances as follows:
Signage Permitted by Ordinance McDonald's Requested Signage
66 square feet wall signage(two permitted) 152 square feet of wall signage (five proposed wall
signs)
104 square feet freestanding sign w/15' height 96.64 square foot freestanding sign w/25' height and
limitation and 5'setback electronic reader board;w/5'setback
Menu board sign (32 square feet) w/8' height Two menu board signs (44 square feet each) w/5.30'
limitation (one permitted in side/rear yard only) height each;not located in any required yard
Directional sign (5 square feet) w/3' height Two directional signs (4.0 square feet each)-3.30'
limitation (one/entrance/exit location permitted) height
Voting Aye: Santi, Glab, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Schaefer.
Motion carried.
MAYOR STATEMENT AND REPORT
Mayor Low complimented the Parks Department on the fine Fishing Derby event held last
Saturday. Mayor Low expressed her appreciation to the McHenry Kiwanis Club for its annual Soap
Regular Meeting
Page 9
June 13,2011
Box Derby held last Saturday. She noted this is a phenomenal community event and a great time
was had by all.
Alderman Peterson noted everyone cooperates to make these community events so
successful.
COMMITTEE REPORTS
There were no Committee Reports.
STAFF REPORTS
There were no Staff Reports.
FUTURE AGENDA ITEMS
Alderman Santi noted he had conversations with Assistant Administrator Hobson regarding
a couple of Council meeting programs on local television have been run incorrectly. Assistant
Administrator Hobson assured Alderman Santi this matter would be corrected.
EXECUTIVE SESSION: PERSONNEL AND REVIEW OF EXECUTIVE SESSION MINUTES
Motion by Santi, seconded by Blake, to go into Executive Session to discuss Personnel and
Executive Session Minutes at 8:16 p.m.
Voting Aye: Santi, Glab, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Schaefer.
Motion carried.
Council went into Executive Session at 8:20 p.m.
Motion by Wimmer, seconded by Santi, to go back into Open Session at 8:25 p.m.
Voting Aye: Santi, Glab, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Schaefer.
Motion carried.
Council went back into Open Session at 8:25 p.m.
OPEN SESSION REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION
Motion by Santi, seconded by Blake, to pass a resolution authorizing the release of the
following Executive Session Minutes as presented:
1 1/29/10 Executive Session Minute 5/11/09 Prop Acquisition 11/13/03 Sale City Property
Review 4/16/07 Potential Litigation 12/16/02 Collective Bargaining
6/l/09 Prop Acquisition 5/l/06 Potential Litigation 12/16/02 Potential Litigation
6/l/09 Collective Bargaining l l/l/04 Potential Litigation 10/14/02 Potential Litigation
Regular Meeting
Page 10
June 13,2011
Voting Aye: Santi, Glab, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Schaefer.
Motion carried.
Motion by Blake, seconded by Wimmer, to pass a resolution authorizing the destruction of
the following audio tapes of executive session meetings of the McHenry City Council as presented:
6,/1/09 9/21/09 11/30/09
6/15/09 9/28/09 12/14/09
7/20/09 1 1/2/09
Voting Aye: Santi, Glab, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Schaefer.
Motion carried.
ADJOURNMENT
Motion by Wimmer, seconded by Blake, to adjourn the meeting at 8:27 p.m.
Voting Aye: Santi, Glab, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Schaefer.
Motion carried.
Them eting was adjourned at 8:27 p.m.
Mayor 7 City Clerk