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HomeMy WebLinkAboutMinutes - 04/18/2011 - City Council REGULAR MEETING APRIL 18, 2011 Mayor Low called the regularly scheduled April 18, 2011 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 City Administrator Black, Deputy City Administrator Martin, Assistant City Administrator Hobson, Deputy City Clerk Kunzer, City Attorney McArdle, Construction and Neighborhood Services Director Schwalenberg, Public Works Director Schmitt, Parks and Recreation Director Merkel, Chief of Police Jones. PUBLIC INPUT SESSION Kevin Metz of 4320 Lakewood Road addressed Council regarding the City's location of a fence protecting City property adjacent to McCullom Lake. Mr. Metz stated the City's plan to install a fence affects his family's security, safety and privacy. He stated the installation of the fence would prohibit his direct access to the lake and the easement area to which he has become accustomed to using. He expressed his strong opposition to the installation of the fence. Mayor Low stated City Administrator Black would contact Mr. Metz on April 19, 2011 regarding this matter. CONSENT AGENDA Mayor Low noted Consent Agenda Items C. Temporary use permit for Nicolino's Trackside, 621 Ridgeview Drive and D. Special event liquor license for Nicolino's Trackside, 621 Ridgeview Drive, have been pulled from this evening's Agenda. Motion by Wimmer, seconded by Blake, to approve the Consent Agenda as amended: A. Resolution declaring April 29,2011 as Arbor Day in the City of McHenry; B. Transfer of Class B-3 liquor license to 7-Eleven Inc,3308 West Elm Street; E. Picnic Permits; F. City Council Minutes: April 11,2011 regularly scheduled meeting; G. List of As-Needed Checks: BANKCARD PROCESSING CENT 4,099.81 BATTERIES PLUS 303.00 BLUE CROSS BLUE SHIELD O 119,384.95 CHICAGO FLOWER & GARDEN 130.00 COMED 23,650.69 FEDEX 24.70 FOP UNITS I/II 1,824.00 HOME DEPOT/GECF 2,009.61 ILLINOIS STATE POLICE 20.00 IUOE, LOCAL 150 1,992.78 MCHENRY AREA CHAMBER OF 50.00 MCHENRY COUNTY SWCD 45.00 MCHENRY POLICE OFFICER'S 807.00 NATIONAL GUARDIAN LIFE I 42.33 NCPERS GROUP LIFE INS. 256.00 PITNEY BOWES INC 2,037.86 Regular Meeting Page 2 April 18,2011 POSTMASTER MCHENRY IL 1,591.29 ^� PRE-PAID LEGAL SERVICES 142.45 UNITED PARCEL SERVICE 132.60 UNITED WAY OF MCHENRY CO 168.24 UNUM 1,437.25 GRAND TOTALS 160,149.56 FUND TOTALS GENERAL FUND 39,470.81 MCHENRY AREA CHARACTER COUNTS 50.00 WATER/SEWER FUND 769.11 EMPLOYEE INSURANCE FUND 119,384.95 RISK MANAGEMENT FUND 24.70 INFORMATION TECHNOLOGY FUND 449.99 TOTALS 160,149.56 H. List of Bills: 7-ELEVEN INC 30.00 ACE HARDWARE, BJORKMAN'S 2,390.23 AFTERMATH INC 95.00 AHLBORN EQUIPMENT INC 276.98 AIRGAS SAFETY INC 35.07 ALDI INC 30.00 ALEXANDER EQUIPMENT COMP 296.40 ANDREWS, MAUREEN J 330.00 ARAMARK 426.37 AT&T 35.03 AUTO TECH CENTERS INC 208.50 BOTTS WELDING & TRUCK SE 32.00 BUCK BROS INC 24.16 BURRAFATO, SAM 94.12 CENTEGRA OCCUPATIONAL ME 284.20 CINTAS CORPORATION #355 1,778.58 COMED 99.53 CONSERV FS 48.54 CUTTING EDGE COMMUNICATI 92.50 D'ANGELO NATURAL SPRING 46.50 DURA WAX COMPANY INC, TH 4.80 EAST JORDAN IRON WORKS 1,844.65 FAMILY TAILOR SHOP 25.00 FAST EDDIES CAR WASH 274.30 FISCHER BROS FRESH 2,275.00 FLESCH COMPANY INC, GORD 160.46 GRAINGER 489.74 ILLINOIS DEPARTMENT OF P 35.00 INTOXIMETERS 51.00 J G UNIFORMS INC 100.72 KIMBALL MIDWEST 274.21 KING, LAURA 1,774.00 KULIK, KATHY 29.64 LEXISNEXIS 248.50 LONESTAR HEATING & AIR C 4,000.00 MANN, LUKE 108.00 MARATHON TOWING 165.00 MARTIN, ROWENA 350.00 MCCAFFERTY, BRITTANY 364.00 MCHENRY ANALYTICAL WATER 400.00 MCHENRY COUNTY RECORDER 520.00 MIDCO 744.52 MIDWEST OPERATING ENGINE 5,566.00 MYERS-SCHMITZ, CAROL 153.00 NAPA AUTO PARTS MPEC 2,181.09 NORTHWEST ELECTRICAL SUP 101.54 O'BRIEN, CHRISTINA 202.40 ON TIME INC 429.70 OTTOSEN BRITZ KELLY COOP 55.50 PEPSI BEVERAGE COMPANY 210.94 PETROLIANCE LLC 4,511.74 PRECISION SHARPENING 46.00 Regular Meeting Page 3 April 18,2011 PROSAFETY INC 84.75 R&S FENCE COMPANY 50.00 REAL LIVING PROPERTY 61.84 REINWALL MARINE SERVICE 3,682.88 RELIABLE SAND & GRAVEL 130.79 RIVERSIDE BAKE SHOP 91.46 SCHEEL, BRYAN 119.28 SEC GROUP INC 27,855.74 SECRETARY OF STATE / POL 99.00 SHAW SUBURBAN MEDIA 524.40 SHERWIN INDUSTRIES INC 2,495.00 STANS OFFICE TECHNOLOGIE 179.00 UNITED PARCEL SERVICE 48.82 VERIZON WIRELESS 1,722.15 VIKING CHEMICAL COMPANY 8,738.28 WASTE MANAGEMENT OF WI P 10,300.52 ZAHN, DAN 240.00 GRAND TOTALS 90,774.07 FUND TOTALS GENERAL FUND 26,636.87 CAPITAL IMPROVEMENTS FUND 27,581.74 WATER/SEWER FUND 25,661.67 MARINA OPERATIONS FUND 3,682.88 EMPLOYEE INSURANCE FUND 5,566.00 RISK MANAGEMENT FUND 194.66 INFORMATION TECHNOLOGY FUND 964.45 RETAINED PERSONNEL ESCROW 485.80 TOTAL 90,774.07 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Mayor Low announced Agenda Item No 10, the Ordinance authorizing the third amendment to the Redevelopment Agreement for the Medical Arts Building site located at 1110 North Green Street has been pulled from the Agenda at the applicant's request. ORDINANCE AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO THE LANG ANNEXATION AGREEMENT In attendance was Gary Lang, owner of the Gary Lang Auto Group. Deputy Administrator Martin stated Council considered a proposed amendment to the Lang Annexation Agreement at its April 4, 2011 regularly scheduled meeting. At that time Staff was directed to revisit the proposed language amending the agreement and return a revised agreement to Council for further discussion and consideration. He noted the amendment concerns two matters: 1. The terms of delaying the Lang contribution for waiver of sidewalks on his property which abuts Route 31; 2. Language to permit dealership signs on the building as well as freestanding signs to advertise the additional dealerships on the premises. Deputy Administrator Martin noted Council at its April 4th meeting determined there �"' was a consensus that the wall sign exhibit and the Plan B freestanding sign package would be Regular Meeting Page 4 April 18,2011 approved. Staff has recommended the following language be included in the amendment to address the contribution of$21,000 toward the waiver of sidewalks on the premises: "Lang shall install public sidewalks along the entire Route 31 frontage (approximately 1,770 lineal feet more or less) of the Lang Development, consisting of Lots 1 through 6 as depicted on the overall site plan prepared by SEC Group, Inc. dated 8/13/10, project no. 86100276 ("Site Plan") in accordance with the applicable provisions of the Subdivision Control and Development Ordinance immediately upon the earlier to occur of either: a. Issuance of a building permit for a permanent building relative to development of Lot 6 referenced as a "potential future building area" on the Site Plan; or b. Upon sidewalks being constructed contiguous to the Lang Development on its north or south border." Deputy Administrator Martin noted in order for the ordinance providing for the amendment to the Lang Annexation Agreement to pass, a 2/3 vote of the corporate authorities is required, 6 of 8 votes, including the Mayor. Alderman Schaefer stated the proposed language amendments are appropriate and make sense. Alderman Peterson inquired if the language requiring the installation of sidewalks relates only to a permanent building and that the use of Lot 6 for car display would not trigger the need to install sidewalks. Deputy Administrator Martin replied in the affirmative. Mr. Lang noted if there was a plan to bring sidewalks to this area, he would have them installed on his property. Alderman Condon expressed her support of the revised language relating to the installation of sidewalks. However she noted she still has an issue with the proposed two electronic message signs and stated she could support only one electronic message sign. Mr. Lang responded the electronic message board signs would be fairly well-spaced apart. There would be approximately 400 feet between them. They are necessary as they relate to different dealerships. He suggested he could look into having the signs more evenly spaced on his property frontage along Route 31. Alderman Santi inquired if the amendment to the annexation agreement is tied to the property. Attorney McArdle responded in the affirmative. Alderman Glab stated he would prefer to have the applicant pay the $21,000 for the waiver of sidewalks. He understands proposed paragraph b, but not paragraph a. He noted -- even if a building were constructed on Lot 6 there is no assurance that sidewalks would be constructed in this area. It would make no sense to construct a sidewalk that leads nowhere. Regular Meeting Page 5 April 18,2011 Once the sidewalks are installed, the City would have to maintain them, even if they were not being used. Alderman Schaefer inquired if there were sidewalks installed to the south of the Lang Property along Route 31 as a part of the McHenry Corporate Center. Mr. Lang responded in the negative. Alderman Peterson inquired if Lots 5 or 6 are sold, would the owner of those properties be bound by the terms of the Lang Annexation Agreement and its amendments. Mr. Lang responded the terms of the agreement would go with the land. Attorney McArdle stated this issue would have to be discussed and resolved at the time of the sale of the property. City Attorney McArdle stated Council could choose to address each issue of the proposed amendment independently. However, both matters would eventually have to be addressed and included in the final language of the amendment to the agreement. In response to Attorney McArdle's inquiry, Mr. Lang responded he is comfortable moving forward with the proposed amendment as presented this evening in its entirety. . Motion by Schaefer, seconded by Wimmer, to accept Staffs recommendation to pass an ordinance providing for the amendment to the Lang Annexation Agreement relating to signage and sidewalks as presented: Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Low. Voting Nay: Condon. Absent: None. Motion carried. REQUEST FOR THE FOLLOWING FROM ST. VINCENT DE PAUL SOCIETY FOR THEIR ANNUAL "FRIENDS OF THE POOR" 5K WALK ON SEPTEMBER 24, 2011: 1. USE OF VETERANS MEMORIAL PARK: 2. WAIVER OF PARK USE FEES Assistant Administrator Hobson stated a request was submitted by the St. Vincent de Paul Society to host their annual "Friends of the Poor" 5K Walk on September 24, 2011. The event would end at Veterans Memorial Park where participants would be offered light refreshments and entertained with live music from the gazebo. The request includes a waiver of park use fees. Staff supports the request as presented. Alderman Schaefer expressed his concern for participants' safety on the route of the walk in the area along Riverside Drive in which there are no sidewalks. `ems. Regular Meeting Page 6 April 18,2011 Motion by Schaefer, seconded by Condon, to accept Staff's recommendation to approve the request submitted by the St. Vincent de Paul Society to host their annual "Friends of the Poor" 5K walk on September 24, 2011 at Veterans Memorial Park as submitted and to approve the waiver of park use fees. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR THE FOLLOWING FROM MCHENRY LIONS CLUB FOR THEIR ANNUAL CARNIVAL TO BE HELD ON JUNE 94UNE 11, 2011: 1. USE OF PETERSEN PARK: 2. PERMISSION TO POST TEMPORARY ADVERTISING SIGNS: 3. WAIVER OF ALL ASSOCIATED FEES: 4. TEMPORARY WAIVER OF MUNICIPAL CODE SECTION 16-25 WHICH PROHIBITS OVERNIGHT STAYS IN THE PARK Assistant Administrator Hobson stated the McHenry Lions Club has requested permission to use Petersen Park on June 9, 2011 through June 11, 2011 for its annual carnival. The request also includes permission to post temporary advertising signs, waiver of all associated fees, and waiver of the provisions of Municipal Code Chapter 16 Section 16-25 which -� prohibits overnight stays in the park. Assistant Administrator Hobson noted this is the 191h year for this event. Staff supports the request as presented. Alderman Condon expressed her amazement that this is the 19th year for the event. The carnival is always a well-run event and is a great asset to the community. In response to Alderman Santi's inquiry, Assistant Administrator Hobson replied there is no anticipated conflict with the use of the park by any of the ball leagues. He opined the carnival would actually compliment any other uses ongoing during the event as it would offer additional recreational opportunities. Alderman Schaefer inquired if the carnival would be on the premises Wednesday night. Assistant Administrator Hobson responded the plans for the carnival indicate arrival on Thursday morning,June 9th Motion by Condon, seconded by Santi, to accept Staffs recommendation to approve the following as requested by the McHenry Lions Club for their annual carnival to be held on June 9, 2011 through June 11, 2011: 1. Use of Petersen Park; 2. Permission to post temporary advertising signs for the event; 3. Waiver of all associated fees; Regular Meeting Page 7 April 18,2011 4. Temporary waiver of Municipal Code Chapter 16, Section 15-25 to allow overnight stays in Petersen Park for the event from June 9, 2011 through June 11, 2011, as presented. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW THE SERVICE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A RESTAURANT- BRUNCH CAFE,414 SOUTH ROUTE 31 Deputy Administrator Martin stated Bunch Cafe filed an application for a conditional use permit to allow the service of alcoholic beverages in conjunction with its restaurant. The Planning and Zoning Commission considered the request at its March 3, 2011 regularly scheduled meeting and unanimously recommended approval subject to the condition the conditional use permit would become null and void if the restaurant ceased operation, for six consecutive months. Staff concurs with the Planning and Zoning Commission and supports the granting of the conditional use permit. An ordinance providing for the issuance of the conditional use permit has been prepared for Council's consideration. Mayor Low stated she has met with business owner Andy Zatos and would recommend the approval of the issuance of a liquor license as requested. Alderman Santi inquired what hours the alcoholic beverages would be served and would there be a conflict with the Municipal Code relating to Sunday hours. Deputy Administrator Martin noted the applicant intends to serve beverages in conjunction with its brunch menu. Alderman Glab requested Staff investigate if there would be a conflict with the Municipal Code regarding the service of alcoholic beverages prior to 10 a.m. on Sundays. City Administrator Black stated Staff would confirm that no conflict exists. Motion by Santi, seconded by Blake, to accept the unanimous recommendation of the Planning and Zoning Commission, to pass an ordinance granting a conditional use permit to Brunch Cafe, located at 414 South Route 31 to allow the service of alcoholic beverages in conjunction with a restaurant, subject to the condition that if the restaurant becomes vacant or closes for six consecutive months,the conditional use permit shall be revoked. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Regular Meeting Page 8 April 18,2011 REQUEST FOR THE FOLLOWING FOR BRUNCH CAFE LOCATED AT 414 SOUTH ROUTE 31• ~ 1. APPROVAL OF CLASS G1 LIQUOR LICENSE• FOR BRUNCH CAFE• 2. APPROVAL OF AN ORDINANCE PROVIDING FOR INCREASE IN THE NUMBER OF CLASS G1 LIQUOR LICENSES FROM FIVE TO SIX Mayor Low stated in order for the City to issue a Class G1 liquor license to Andy Zatos, owner of Brunch Cafe, an ordinance must be approved increasing the number of Class G1 liquor licenses in the City. Motion by Wimmer, seconded by Schaefer, to accept Mayor Low's recommendation to approve a Class G1 liquor license for Brunch Cafe, located at 414 South Route 31, and to pass an ordinance increasing the number of Class G1 liquor licenses from five to six. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ORDINANCE AUTHORIZING THE THIRD AMENDMENT TO THE REDEVELOPMENT AGREEMENT FOR THE MEDICAL ARTS PROPERTY LOCATED AT 1110 NORTH GREEN STREET As previously stated, Mayor Low announced the ordinance authorizing the third amendment to the redevelopment agreement for the Medical Arts Property located at 1110 -~ North Green Street was pulled from this evening's agenda for consideration at the applicant's request. MAYOR STATEMENT AND REPORT Mayor Low reported that Saturday's first annual United Way 5K Human Race was extremely successful and a well-run event. There were more than 700 who signed up for the event which involved 39 not-for-profit agencies. In spite of the poor weather, the event was well-attended. The McHenry Corporate Center was a great venue for the race. COMMITTEE REPORTS Character Counts! Coalition Council Liaison Alderman Condon reported the Coalition is sponsoring a "Towns Against Tragedy' event Tuesday evening, April 19th at West Campus High School at 7 p.m. She encouraged all to attend. Finance and Personnel Committee Chairman Alderman Schaefer announced a committee meeting has been scheduled for Thursday, April 21, 2011 at 7 p.m. in the Aldermen's Conference Room. STAFF REPORTS There were no Staff Reports. Regular Meeting Page 9 April 18,2011 FUTURE AGENDA ITEMS There were no Future Agenda Items discussed. ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 8:00 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. 'the meeting was adjourned at 8:00 p.m. _}-�G�L.� � _ •���(�/lit-C-Q� % / I �aL 'Y Mayor Deputy y Clerk t.