HomeMy WebLinkAboutMinutes - 04/04/2011 - City Council REGULAR MEETING
APRIL 4, 2011
Mayor Low called the regularly scheduled April 4, 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,
City Clerk Jones, City Attorney McArdle, Construction and Neighborhood Services Director
Schwalenberg, Public Works Director Schmitt, Parks and Recreation Director Merkel, Chief of
Police Jones, City Engineer Pieper.
PUBLIC HEARING: AMENDMENT TO GARY LANG ANNEXATION AGREEMENT ADOPTED BY
ORDINANCE NO. ORD-02-1105 FOR THE PROPERTY LOCATED AT 1107 SOUTH ROUTE 31
In attendance was Gary Lang of Gary Lang Auto Group.
Motion by Wimmer, seconded by Blake, to open the Public Hearing regarding the
proposed amendment to the Gary Lang Annexation Agreement at 7:30 p.m.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Mayor Low opened the Public Hearing at 7:30 p.m.
Deputy Administrator Martin stated the matter before Council for consideration this
evening is for a proposed amendment to the Gary Lang Annexation Agreement regarding
allowable signage to be displayed on the premises and the required contribution of$21,000 for
the waiver of sidewalk installation on the site. Staff has reviewed the requested amendments
and notes three signage package options have been brought forward:
1. Wall signs on the building for the import building;
2. Exhibit Plan A:freestanding signs;
3. Exhibit Plan B:alternate plan for freestanding signs.
Deputy Administrator Martin stated it is Staffs recommendation to approve Exhibit Plan
B for freestanding signs. Additionally, the amendment to the annexation agreement provides
for the deferral of the required payment of $21,000 for the waiver of installation of sidewalks
along Route 31 until the building to be constructed on Lot 6 has been completed.
Mayor Low opened the floor to questions and comments from the City Council.
Alderman Schaefer noted he had questions regarding Plan A and Plan B sign packages.
Deputy Administrator Martin stated Staff supports Plan B which includes three freestanding
signs. Plan A includes four freestanding signs. Alderman Schaefer inquired if all of the
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April 4,2011
freestanding signs were necessary to which Mr. Lang responded the signs are a preference for
individual marketing of the different brands.
Alderman Santi inquired if there was a timing format for electronic message signs.
Deputy Administrator Martin responded there are currently no format standards in place for
electronic message signs other than the signs cannot present a traffic hazard or flash/blink.
Alderman Condon stated she had no problem regarding the deferment of the $21,000
for waiver of sidewalk installation. She also stated she had no issues with Plan B sign
alternative. She noted her concern is with so many electronic message signs. She stated she
would support one but not two additional electronic message signs.
Alderman Glab noted regarding the deferral of the $21,000 payment for waiver of
sidewalk installation, he feels this matter was included in the past agreement with the
developer. This matter was negotiated with Gary Lang and should be adhered to as per the
terms of the agreement. He noted he would like to see the money contributed to the City at
this time as required. He stated he could not support an amendment deferring payment of the
$21,000 to a later time.
Alderman Glab stated he had no issue with the design of the signs or the lot setup. Mr.
Lang explained the history of the sidewalk deferral noting it was originally required to be paid
prior to the occupancy of any new building on Lots 4, 5, or 6 of the site. He explained he is
requesting amendment to defer payment until prior to occupancy permit being issued for a
new building on Lot 6. Alderman Glab noted the agreement included the payment of $21,000
for the waiver of sidewalk installation and not a discussion as to whether or not sidewalks
should be installed or when they should be installed on the site. Alderman Glab stated he
would not support the amendment postponing the payment of the $21,000 for waiver of
sidewalk installation.
Alderman Peterson opined in 2002 it was likely that more sidewalk surface could be
purchased with $21,000 than by today's standards. He suggested if the developer would like to
defer the $21,000 payment the amount required by the City should keep up with today's costs
to install sidewalk along the developer's Route 31 frontage.
Alderman Schaefer inquired if when the agreement was executed it stipulated the
$21,000 would be utilized to pay for sidewalk installation on the subject premises or anywhere
within the City. Deputy Administrator Martin responded the terms of the agreement specified
the developer would either pay for the installation of the sidewalks on the premises or pay the
$21,000 for the waiver of the sidewalk installation.
In response to Alderman Santi's inquiry, Deputy Administrator Martin stated the
proposed amendment would be attached to the property identified in the agreement and not
to the owner of the property.
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April 4,2011
Alderman Peterson stated he discussed with Director of Public Works Schmitt the cost
by today's standards to install sidewalks along the Route 31 frontage of the subject property.
Director Schmitt indicated the installation cost would be approximately $56,000.
Mayor Low stated in light of the current economy, it is good that Mr. Lang's business is
expanding.
Alderman Condon expressed concern about the number of proposed additional signs.
She stated she understands but sees each sign as a marketing tool for each separate business
(i.e. automobile dealership). Alderman Condon noted regarding the deferral of the $21,000
payment for waiver of sidewalk installation, she understands the negotiation of a previous
Council occurred, but noted there are no sidewalks installed anywhere in the vicinity. She
stated she does not have an issue with deferring the payment of the$21,000 at this time.
In response to Mayor Low's inquiry, there were no questions or comments from the
public regarding this matter. In addition no written or verbal comments were received in the
City Clerk's Office prior to this hearing.
Mayor Low stated Council can choose to act on the proposed amendment to the
annexation agreement this evening or bring it forward at a future Council meeting.
City Administrator Black inquired if Council was satisfied with the language regarding
the deferral of the $21,000 as submitted by the developer or should the language be modified
to specify when the sidewalks should be constructed.
Alderman Condon stated she understands the developer not wanting to pay the $21,000
for the installation of sidewalks as there are no existing sidewalks to the north or south of his
property. She stated she would support an amendment requiring the installation of sidewalks
by the property owner when sidewalks have been installed adjacent to the north or south of his
property.
Following the Mayor's inquiry, it was the consensus of Council to allow the developer to
wait for the installation of sidewalks until such time as sidewalks are built on adjacent property
to the south of Lots 5 and 6 or until Lots 5 and 6 are built-out, whichever comes first. It was also
the consensus of Council that the amendments to the annexation agreement include language
approving Plan B, freestanding sign alternative. This matter will come back to Council for
consideration following language revisions as outlined by Council.
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April4,2011
Motion by Condon, seconded by Wimmer, to close the Public Hearing at 8:01 p.m.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Mayor Low closed the Public Hearing at 8:01 p.m.
PUBLIC INPUT SESSION
There was no one who signed in to speak during the Ten Minutes of Public Input.
CONSENT AGENDA
Alderman Santi left the Council Chambers at 8:02 p.m.
Alderman Glab inquired if the ordinance has been changed regarding the outdoor
display of garden centers, specifically as it relates to Consent Agenda Item C. Deputy
Administrator Martin responded the Zoning Ordinance was amended to require all Temporary
Use Permits to be presented to Council for approval.
Motion by Blake, seconded by Wimmer,to approve the Consent Agenda as presented:
A. Resolution in support of approval for Centegra Hospital-Huntley;
B. Temporary Use Permit for modular unit—Gary Lang Auto Group,1107 S Route 31;
C. Temporary Use Permit for outdoor garden center display —Home Depot,2461 N Richmond Road;
D. City Council Minutes:
March 21,2011 regularly scheduled meeting;
E. List of Bills:
A-ABLE ALARM SERVICE INC 11.97
ACE TOWING & RECOVERY 132.00
ADAMS STEEL SERVICE INC 21.82
ADVANCED AUTOMATION AND 37,785.61
ADVANTAGE MECHANICAL INC 360.00
ANDERSON, LORI 251.88
ARAMARK 583.44
ARVIDSON POOL & SPAS - C 1,605.96
AT&T 3,296.58
AT&T LONG DISTANCE 130.80
BRUMMOND, PATRICIA L 118.13
BULL VALLEY AUTO BODY 250.00
BUSS FORD SALES 1,170.45
CDW GOVERNMENT INC 2,200.00
CERTIFIED FLEET SERVICES 221.70
CHEMICAL PUMP SALES & SE 2,412.00
CHICAGO INTERNATIONAL TR 143.93
CHRISTOPHER, DAVID 271.95
COMMUNICATIONS REVOLVING 10.00
CONCRETE SOLUTIONS CORP 179.50
CONSTELLATION NEWENERGY 38,901.54
CURRAN CONTRACTING COMPA 1,482.21
D'S MARINE SERVICE INC 40.03
DAWSON, CHRISTINE 110.54 '
DENNY, JODY 60.00
DENTAL HEALTH PRODUCTS I 106.85
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April 4,2011
DILLON, JOHN 89.88
DIXON ENGINEERING INC 850.00
DOUG'S TRANSMISSIONS 1,785.00
DREISILKER ELECTRIC MOTO 311.10
EAST JORDAN IRON WORKS 78.00
ED'S RENTAL & SALES INC 28.25
ELM STREET DESIGN 40.00
FOERSTER, JEFFERY S 53.05
G IMPRESSIONS INC 104.28
GITZKE, WILLIAM J 688.70
GLOBAL EQUIPMENT COMPANY 674.43
GROWER EQUIPMENT & SUPPL 939.80
GUZMAN, JUAN 200.00
HANSEN'S ALIGNMENT, DON 150.00
HARRIS, TIMOTHY 90.28
HOME DEPOT CREDIT SERVIC 696.47
HUSTLER SPORT CENTER 58.24
ICC 1,154.92
JAKIELA, ASHLEY 500.00
JOHNSBURG BOWL INC 400.00
KALE UNIFORMS INC 599.18
KDS TECH SERVICES INC 621.00
KIMBALL MIDWEST 202.42
LANGE, MICHAEL 21.42
LUNSMANN, JOAN 213.60
MARATHON TOWING 80.00
MCCANN INDUSTRIES INC 31.98
MCHENRY ANALYTICAL WATER 101.00
MCHENRY AREA CHAMBER OF 425.00
MCHENRY COMMUNITY HIGH S 506.65
MCHENRY FIRESTONE 462.00
MERTZ, GARY 185.27
METRA 943.74
METROPOLITAN INDUSTRIES 8,435.00
MEYER MATERIAL COMPANY 57.42
MINUTEMAN PRESS OF MCH 293.07
.�. NICOR GAS 4,551.88
NORTHERN BALANCE & SCALE 101.00
NORTHWEST ELECTRICAL SUP 147.76
ORIENTAL TRADING CO INC 58.91
PACE 10,400.25
PADRO, PEDRO 30.46
PALMER, MIKE 301.76
PEPSI BEVERAGE COMPANY 338.14
PETROLIANCE LLC 17,033.09
PETTIBONE & CO, P F 338.50
POPP, LARRY 17.12
PRECISION SERVICE & PART 140.96
PROSAFETY INC 75.00
RADICOM INC 9,472.46
REICHE'S PLUMBING SEWER 140.00
REINDERS INC 68.70
RICCI, DONNA 12.21
ROC CONSTRUCTION SUPPLY 51.96
RUSHING, RHONDA F LANG- 75.00
RUZICKA, RUSSELL 43.43
SCHMITZ, TRICIA 56.00
SEC GROUP INC 1,078.00
SEXTON, ERIC M 14.60
SHERMAN MECHANICAL INC 873.75
SHERWIN INDUSTRIES INC 44.05
SPECIALTIES DIRECT 290.00
ST PAULS EPISCOPAL CHURC 254.40
STANS OFFICE TECHNOLOGIE 69.37
STAPLES ADVANTAGE 204.87
STAPLES CREDIT PLAN 579.87
SWIFT CO INC, JOHN S 2,810.00
THINK INK INC 186.73
TRAFFIC CONTROL & PROTEC 2,250.33
�""� TRIMBLE NAVIGATION LIMIT 1,200.00
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UNITED CANVAS & AWNING I 1,306.00
VALENTINES REPAIR 549.35
VAN GALDER BUS COMPANY 704.00
VIKING CHEMICAL COMPANY 1,558.00
WALMART COMMUNITY 74.06
WASTE MANAGEMENT OF WI P 12,513.86
WATER PRODUCTS - AURORA 422.18
WOODSTOCK, CITY OF 466.39
ZAHN, DAN 240.00
GRAND TOTALS 185,074.44
FUND TOTALS
GENERAL FUND 64,686.12
WATER/SEWER FUND 78,796.00
UTILITY IMPROVEMENTS FUND 37,565.61
RISK MANAGEMENT FUND 40.00
INFORMATION TECHNOLOGY FUND 2,332.71
RETAINED PERSONNEL ESCROW 1,654.00
TOTALS 185,074.44
Voting Aye: Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Santi.
Motion carried.
Alderman Santi returned to the Council Chambers at 8:03 p.m.
ORDINANCE AUTHORIZING CONDITIONAL USE PERMIT AND VARIANCES — J P MORGAN
CHASE, 4302 WEST ELM STREET
In attendance were Project Manager Michael Metzger and Architect Jason Golub
representing J P Morgan Chase Bank.
Deputy Administrator Martin stated Chase Bank submitted an application for
Conditional Use Permit and variances to allow the construction and operation of a full service
financial institution with a drive-up facility at 4302 West Elm Street. The bank currently has a
freestanding drive up facility on the premises and a full service bank within the Market Place
Shopping Center. The bank intends to consolidate its two operations within the confines of one
freestanding building at the southeast corner of the Shopping Center property. Upon
construction of the new building, the full service facility within the Shopping Center will be
vacated.
Deputy Administrator Martin stated the Planning and Zoning Commission considered
the request at its March 17, 2011 regularly scheduled meeting and unanimously recommended
approval of the following:
1. Conditional Use Permit to allow the construction and operation of a financial institution with a drive-up
facility on the subject premises;
2. Variance to allow a second principal building on a zoned lot;
3. Variance to allow for a reduction from the required 5 spaces per drive-up window to allow 4 stacking
spaces per window;
4. Variance from the required off-street parking requirements on the premises.
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April 4,2011
Deputy Administrator Martin noted the Planning and Zoning Commission also
recommended the City investigate the installation of sidewalks along the west side of Oak Drive
to assist with pedestrian traffic in the area. However, Staff has determined there is not enough
room to install sidewalks at this location.
Alderman Peterson noted this is a nice project and the proposed landscaping would be a
good addition to the area.
Alderman Santi stated he is comfortable with the proposal.
Alderman Glab expressed concern regarding the reduction in the amount of parking
spaces which would remain for the Shopping Center, but noted the project would include a nice
looking building.
Motion by Wimmer, seconded by Peterson, to accept the unanimous recommendation
of the Planning and Zoning Commission to pass an ordinance providing for the following for the
property located at 4302 West Elm Street as requested by J P Morgan Chase Bank:
1. Conditional Use Permit to allow the construction and operation of a financial institution with a drive-up
facility on the subject premises;
2. Variance to allow a second principal building on a zoned lot;
3. Variance to allow for a reduction from the required 5 spaces per drive-up window to allow 4 stacking
spaces per window;
4. Variance from the required off-street parking requirements on the premises.
Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Abstaining: Glab.
Absent: None.
Motion carried.
REQUST FOR SIGN VARIANCES—J P MORGAN CHASE BANK, 4302 WEST ELM STREET
In attendance were Project Manager Michael Metzger and Architect Jason Golub
representing J P Morgan Chase Bank.
Deputy Administrator Martin stated Chase Bank is requesting variances from the Sign
Code to allow the following:
1. An additional 59 square feet of wall signage;
2. Three additional wall signs(two are allowed;five are being requested);
3. An additional .16 square feet in area for each of the two directional signs proposed;
4. An additional .25 feet in height for each of the two directional signs proposed.
Ho noted Staff has reviewed the requests and recommends the following:
1. An additional 27 square feet of wall signage(omitting the proposed two Chase logos);
2. One additional wall sign (omitting the proposed two Chase logos);
3. An additional .16 square feet in area for each of the two directional signs;
4. An additional .25 feet in height for each of the two directional signs.
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April 4,2011
Mr. Metzger addressed Council noting identity is very important to Chase. The Chase
logo is used as a wayfinding sign for Chase customers.
Motion
Motion by Santi, seconded by Wimmer, to accept Staff's recommendation to approve
the following sign variances for J P Morgan Chase for their facility located at 4302 West Elm
Street.
1. An additional 27 square feet of wall signage(omitting the proposed two Chase logos);
2. One additional wall sign(omitting the proposed two Chase logos);
3. An additional .16 square feet in area for each of the two directional signs;
4. An additional.25 feet in height for each of the two directional signs.
Discussion on the Motion
Alderman Glab stated he does not have an issue with the additional signs being
proposed.
Alderman Schaefer concurred with Alderman Glab, but stated he prefers a separate sign
as opposed to utilizing the Chase log as an architectural element on the building.
Alderman Wimmer supported Staffs recommendation.
Alderman Peterson stated he had no problem with the additional signage. /
Alderman Condon stated she does not see the necessity of two additional signs (Chase
logos) but does not have a problem with the request. She wondered why no signs were
proposed for the back of the building. She suggested the motion could be amended to include
signage on the north side of the building.
Mayor Low suggested Council consider the motion currently on the floor. If the motion
fails, a second motion could be made in support of additional signage.
Alderman Condon inquired if Chase could request another sign variance in the future if
they decided to seek signage for the back (north side) of the building. Deputy Administrator
Martin responded in the affirmative.
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April4,2011
Voting on the Motion
Motion by Santi, seconded by Wimmer, to accept Staff's recommendation to approve
the following sign variances for J P Morgan Chase for their facility located at 4302 West Elm
Street.
1. An additional 27 square feet of wall signage(omitting the proposed two Chase logos);
2. One additional wall sign(omitting the proposed two Chase logos);
3. An additional .16 square feet in area for each of the two directional signs;
4. An additional .25 feet in height for each of the two directional signs.
Voting Aye: Santi, Blake, Wimmer, Condon.
Voting Nay: Glab, Schaefer, Peterson.
Absent: None.
Motion carried.
COMMITTEE RECOMMENDATION TO APPROVE THE FOLLOWING:
1. ORDINANCE REGULATING WIRELESS ALARM MONITORING SYSTEMS;
2. AWARD OF BID FOR THE INSTALLATION OF A WIRELESS ALARM MONITORING SYSTEM
TO FOX VALLEY FIRE SAFETY, IN THE AMOUNT NOT-TO-EXCEED $263,260.
3. ORDINANCE AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT WITH MCHENRY TOWNSHIP FIRE PROTECTION DISTRICT FOR THE
INSTALLATION, OPERATION AND REVENUE SHARING OF A WIRELESS ALARM
MONITORING SYSTEM
In attendance was McHenry Township Fire Protection District Chief Tony Huemann.
Assistant Administrator Hobson stated the City has been considering the
implementation of a Wireless Alarm Monitoring System for some time. Bids were requested
and submitted in November 2009 with the lowest bid being submitted by Fox Valley Fire Safety
in the amount of $263,260. Staff has been in contact with this firm and they have agreed to
honor their bid until July 1, 2011.
Assistant Administrator Hobson stated the Finance and Personnel Committee at its
February 21, 2011 meeting considered the implementation of a wireless alarm monitoring
system and recommended Council consider the following:
1. Pass an ordinance amending the Municipal Code to provide for the regulating of a wireless alarm
monitoring system in the City;
2. Award the bid for the installation of a wireless alarm monitoring system to Fox Valley Fire Safety in the
amount not-to-exceed$263,260;and
3. Pass an ordinance providing for the execution of an Intergovernmental Agreement with McHenry
Township Fire Protection District for the installation, operation and revenue sharing of a wireless alarm
monitoring system in the City.
Alderman Schaefer noted the long-term revenue resulting from the implementation of
the system is outstanding. He stated it is good that the vendor is willing to hold the price for the
City until July 1st
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April 4,2011
Alderman Peterson inquired as to the age of the current alarm system. Assistant
Administrator Hobson responded the system is 30 years old.
Alderman Glab inquired regarding paragraph #8 of the intergovernmental agreement
and requested clarification. Assistant Administrator Hobson responded for locations outside the
City limits, the Fire District would be responsible for setting the rates.
Alderman Glab inquired if a site was located outside of the City limits, would the
installation and monthly fee be higher than for locations within the corporate limits. Chief
Huemann responded in an effort to centralize fees, rates for those within the fire district but
outside the city limits would be consistent with rates charges to locations within the City.
Motion by Schaefer, seconded by Condon, to accept the recommendation of the
Finance and Personnel Committee to:
1. Pass an ordinance amending the Municipal Code to provide for the regulating of a wireless alarm
monitoring system in the City;
2. Award the bid for the installation of a wireless alarm monitoring system to Fox Valley Fire Safety in the
amount not-to-exceed$263,260;and
3. Pass an ordinance providing for the execution of an Intergovernmental Agreement with McHenry
Township Fire Protection District for the installation, operation and revenue sharing of a wireless alarm
monitoring system in the City.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Mayor Low stated this is a good example of two entities working together for the
common good.
MAYOR STATEMENT AND REPORT
There was no Statement or Report from Mayor Low.
COMMITTEE REPORTS
Chairman Alderman Condon stated minutes of recent Community Development
Committee meetings would be forthcoming.
STAFF REPORTS
Public Works Director Schmitt announced the Yard Waste Drop-Off Facility would open
April 9t" and Curbside Brush Collection would begin on April 11tn
FUTURE AGENDA ITEMS ,
No Future Agenda Items were discussed.
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April 4,2011
EXECUTIVE SESSION: POTENTIAL LITIGATION
Motion by Wimmer, seconded by Blake, to go into Executive Session to discuss Potential
Litigation at 9:01 p.m.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Council went into Executive Session at 9:03 p.m.
Motion by Wimmer, seconded by Condon, to go back into Open Session at 9:20 p.m.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Council went back into Open Session at 9:20 p.m.
OPEN SESSION REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION
There was no action taken regarding matter discussed in Executive Session
ADJOURNMENT
Motion by Wimmer, seconded by Peterson,to adjourn the meeting at 9:21 p.m.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting was adjourned at 9:21 p.m.
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Mayor City Clerk