Loading...
HomeMy WebLinkAboutMinutes - 10/01/2012 - City Council REGULAR MEETING October 1, 2012 Mayor Low called the regularly scheduled October 1, 2012 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 Morefield, Deputy City Administrator Martin, Assistant City Administrator Hobson, City Clerk Jones, City Attorney McArdle, Public Works Director Schmitt, Parks and Recreation Director Merkel, Chief of Police Jones. PUBLIC HEARING TO CONSIDER A FIRST AMENDMENT TO MEYER MATERIAL NORTH ANNEXATION Mayor Low called the Public Hearing to consider a request for a First Amendment to the Meyer Material North Annexation Agreement to order at 7:31 p.m. Deputy City Administrator Martin stated the Meyer Material North Annexation Agreement was approved by the City Council on October 14, 2002. A 156-acre tract of land north of Illinois Route 120 between Martin Road and East Wonder Lake Road was annexed by Meyer Material for mining operations. The property was zoned RS-1 Low-Density Single-Family Residential with an Agricultural Mining Overlay (RS-1/A-M). Additionally, a conditional use permit was approved for a commercial sand and gravel operation. The 10-year agreement term expires on October 14, 2012. The annexation agreement contemplated the subject property being mined and upon completion a residential subdivision would be constructed on a 68-acre lake. However, due to the downturn in the economy the mining operation on the subject property has ceased. An amendment to an annexation agreement requires a public hearing and a positive 2/3 majority vote. If Council concurs with approving the First Amendment to the Meyer North Annexation Agreement it is recommended an ordinance authorizing the Mayor's execution of the First Amendment to the Meyer Material North Annexation Agreement, extending the agreement for 10 years until October 13, 2022, be approved. Alderman Santi asked if a 10 year extension is agreed to now could it be stated it is a final 10 years to the annexation. Deputy City Administrator Martin stated the agreement will just automatically expire at the end of 10 additional years. City Attorney McArdle explained that annexation agreements have a 20-year limit on them. Alderman Glab stated the original agreement for the gravel pit on the South side of Illinois Route 120 expires in 2018. He suggested both agreements for the gravel pit should be extended to 2022. Alderman Peterson asked what happens if no action is taken. Deputy City Administrator Martin stated if no action is taken the agreement will expire in about a week. Mayor Low inquired whether the audience had comments regarding an amendment to the annexation agreement. Mr. Mark Saledin, attorney on behalf of the Petitioner, stated the request is to extend the conditional use provision on the property, which did have a time period �., attached to it,together with the terms of the annexation agreement. Regular Meeting Page 2 October 1,2012 Motion by Wimmer, seconded by Santi, to close the Public Hearing at 7:40 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None Motion carried. Motion by Condon, seconded by Schaefer, to approve an ordinance authorizing the Mayor's execution of a First Amendment to the Meyer Material North Annexation Agreement, extending the agreement until October 13, 2022, as presented. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon, and Low. Voting Nay: None. Absent: None Motion carried. PUBLIC INPUT SESSION Bill Kloud, 3332 Waukegan Rd., McHenry addressed Council during public input. Mr. Kloud is a resident of Riverwalk Place and desired to encourage the City to proceed with the purchase of the old Dobyn's House property. Mr. Kloud stated the Riverwalk has great potential and the purchase of the property is a vital keystone to continued expansion of the Riverwalk. CONSENT AGENDA Motion by Wimmer, seconded by Blake, to approve the Consent Agenda as presented: A. Temporary use permit,McHenry Bank&Trust annual Community Cookout on October 6,2012; B. LEXIS NEXIS eCrash Agreement for free Mobile Crash Reporting system; C. One-year extension for advertising sign at southeast corner of Crystal Lake and Bull Valley Roads for Patriot Estates subdivision; D. Block Party;and E. List of Bills: ADAMS ENTERPRISES INC, R 252.85 ADAMS STEEL SERVICE INC 161.94 ADVANCED AUTOMATION AND 239.49 ALEXANDER EQUIPMENT COMP 112.50 AMERICAST CONCRETE PRODU 25.00 ANDERSON, BRIAN 740.00 AT&T 194.13 AUTO TECH CENTERS INC 491.44 BAKER & SON CO, PETER 5,682.41 BALDIN, MARK 120.00 BANK OF NEW YORK MELLON 678.00 BARBATO, EMIL 43.85 BARCLAY, TIM 740.00 BELL, ADAM C 590.00 BIRK, JOHN 40.00 Regular Meeting Page 3 October 1,2012 CDW GOVERNMENT INC 201.94 CENTEGRA OCCUPATIONAL HE 63.70 CHICAGO INTERNATIONAL TR 442.09 COLUMBIA PIPE & SUPPLY C 825.00 COMED 164.67 CRESCENT ELECTRIC SUPPLY 270.23 CRYSTAL CLEAR MUSIC PROD 2,110.00 CUMMINGS, JOHN G 740.00 DUCAK, KELLY 465.02 ED'S RENTAL & SALES INC 65.00 EDER CASELLA & CO 14,315.00 EJ EQUIPMENT 739.75 FISCHER BROS FRESH 2,449.38 FOXCROFT MEADOWS INC 28.00 FREUND, MICHAEL R 390.00 GALLS AN ARAMARK CO LLC 59.98 GITZKE, WILLIAM J 172.45 GRAINGER 95.32 GUYNES, TERRY 60.00 HD SUPPLY WATERWORKS 833.24 HERITAGE-CRYSTAL CLEAN L 143.09 HOLTZ, TED 740.00 HRGREEN 14,121.08 HYDRAULIC SERVICES AND R 1,291.95 ILLINOIS DEPT OF AGRICUL 400.00 IRISH PRAIRIE RECREATION 1,625.00 KIMBALL MIDWEST 400.66 KNAUF, MICHAEL J 60.00 LAMBERT, FRANCES B 54.00 LANE, BOBBY 740.00 LANG -CADILLAC-BUICK-GMC 507.61 LEACH ENTERPRISES INC 28.34 LUSH, PAIGE 80.00 MACE, DOUG 34.15 MARTIN IMPLEMENT SALES I 119.45 MARYS FLOWERS & GIFTS 38.00 MCHENRY ANALYTICAL WATER 460.00 MCHENRY FIRESTONE 83.00 MCNEELY, TOM 740.00 MID AMERICAN WATER OF WA 456.00 MIDWEST HOSE AND FITTING 36.04 MOODY'S INVESTORS SERVIC 9,500.00 NICOR GAS 234.18 OTTER SALES & SERVICE IN 427.11 OTTOSEN BRITZ KELLY COOP 129.50 PANDA EXPRESS 30.00 PARKER, GARY 280.00 PETROLIANCE LLC 10,191.09 PETTIBONE & CO, P F 867.98 PINKL, JAMES 70.00 PITNER, KEITH 600.00 POE, DAVE 740.00 POLYACK, MICHAEL 280.00 POTTS, MIKE 320.00 PRECISION SERVICE & PART 416.68 PRIME TACK & SEAL CO 1,054.48 RADICOM INC 136.99 RESERVE ACCOUNT 848.69 SCHATZ, DONALD 390.00 SCHULHOF COMPANY 96.09 SCHWALENBERG, RYAN 295.00 SECRETARY OF STATE / POL 99.00 SHERWIN INDUSTRIES INC 1,052.50 SHUETT, DEBORA 61.38 SIEMENS INDUSTRY INC 264.00 SIRCHIE FINGER PRINT LAB 346.21 SMARZEWSKI, JOHN 740.00 SMITH, ASHLEY 95.00 SODERSTROM, ANDREW 670.00 �, STAPLES ADVANTAGE 1,178.33 Regular Meeting Page 4 October 1,2012 STAPLES CREDIT PLAN 285.02 STURLINI, KARA 25.30 SYMBOLARTS 320.00 TIPPS, BRIAN 740.00 TIPPS, GREGORY P 740.00 TOALSON, BILL 740.00 TOPS IN DOG TRAINING COR 312.95 TRAFFIC CONTROL & PROTEC 376.82 TRI-STATE PUMP INC 124.26 TRIEFENBACH, GORDON W 740.00 ULINE 242.62 ULTRA STROBE COMMUNICATI 313.10 VARVIL, MARYBETH 42.99 WASTE MANAGEMENT OF WI P 5,971.98 WEST PAYMENT CENTER 556.80 WILLIAMS, TOM 58.82 WINDLER, DENNIS 70.00 ZUKOWSKI ROGERS FLOOD & 12,414.00 GRAND TOTALS 112,249.62 FUND TOTALS GENERAL FUND 46,851.51 BAND FUND 14,580.00 AUDIT EXPENSE FUND 14,315.00 DEBT SERVICE-1997A FUND 9,500.00 CAPITAL EQUIPMENT FUND 281.25 WATER/SEWER FUND 25,930.00 RISK MANAGEMENT FUND 340.70 INFORMATION TECHNOLOGY FUND 451.16 TOTALS 112,249.62 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR SIGN VARIANCE—RIVER PLACE LUXURY RESIDENCES, 3530 WAUKEGAN ROAD Deputy City Administrator Martin stated a request was received from River Place Luxury Residences to allow seven advertising banners totaling 52.5 sq/ft (7.5 sq/ft each) and a 52 sq/ft free standing sign with a zero setback. River Place Luxury Residences is a mixed-use building with 14 retail tenant spaces on the first floor and 27 one and two-bedroom apartments located on floors two through four. It is unique in that the sign ordinance does not specifically address mixed-use buildings. The free standing sign proposed would project outward to the property/right-of-way line on Green Street requiring a variance to allow it to have a zero setback due to the fact the sign ordinance requires a five-foot setback. The Downtown Commercial District does allow buildings to be constructed with a zero foot setback and the proposed sign complies with all other requirements in the sign ordinance. A variance is also required to allow seven banners to be hung from each pillar of the building fagade facing Green Street. The sign ordinance allows only one sign with a maximum area of five square feet. River Place Luxury Residences believes it is necessary to consistently advertise for new tenants and staff believes the banners are Regular Meeting Page 5 October 1,2012 aesthetically-pleasing as they have been designed to emulate the banners that hang from the �-- City's street lights in the downtown area. Motion by Wimmer, seconded by Peterson, to approve a sign variance for setback, area and number of signs as requested by River Place Luxury Residences to allow seven banners on the property and one freestanding sign with a zero setback at the property located at 3530 Waukegan Road, as presented. Discussion on Motion Alderman Condon stated she likes the freestanding sign but questioned whether 7 banners were needed and seemed to be excessive. She was also concerned one of the banners may block the freestanding sign. Penny Hughes, from the sign company proposing the signs, stated they would not allow a banner to block the sign and would just remove it if that were the case. Discussion ensued regarding the number of banners needed. Consensus seemed to be the banners were nice and uniform but 7 banners seemed excessive. Discussion continued regarding the digital reader sign and the length of time messages can be displayed as well as how often the text should change daily and the color of the digital reader area. Mayor Low stated she believes the signage proposed is very complimentary to our wayfinding signs already in place in the downtown area. Alderman Condon suggested consideration be given to limiting the banners to advertise rental units only and possibly changing the banners seasonally in the manner the City banners are changed out. Alderman Santi inquired as to restrictions in place for digital signage. Deputy City Administrator Martin stated the digital readout is limited to 33% of the total area of the sign. There is no limit on repetitiveness or timing of scrolling text, but the sign ordinance prohibits flashing and blinking text. Andy Trivedi, property manager of River Place Luxury Residences, stated he is not opposed to any type of restrictions on the banners or the freestanding sign and is willing to re-examine the signage if it is a concern to Council. He was simply looking for consistency in the banners in order to advertise apartments for lease. Alderman Glab and Alderman Santi stated concern with the lack of a definitive location being proposed for the freestanding sign. Motion by Wimmer, seconded by Peterson, to approve a sign variance as requested by River Place Luxury Residences to allow four banners placed anywhere on the property and one freestanding sign with a zero setback at the property located at 3530 Waukegan Road, as amended. Voting Aye: Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: Santi, Glab. Absent: None. Motion carried. Regular Meeting Page 6 October 1,2012 AWARD OF BID TO CUSTOM BUILT COMMERCIAL FENCE IN THE AMOUNT OF $58,603.02 FOR FENCING, EXCAVATION/GRADING, AND PLACEMENT OF AGGREGATE FOR DEVELOPMENT OF A DOG PARK FACILITY ON IDOT PROPERTY LOCATED NORTH OF KOHL'S DEPARTMENT STORE Parks and Recreation Director Merkel stated bids were received for this project on Tuesday September 25, 2012. Bids were very favorable and included fencing, excavation/grading and placement of aggregate for the access path, shelter installation, and site restoration. The City Water division will be responsible for installation of the water service and fountain and the Parks maintenance division has cleared the property and already purchased the shelter which will be installed through this bid. Motion by Schaefer, seconded by Santi, to approve the award of base bid and alternates #1 and 2, to Custom Built Commercial Fence, Park Ridge, Illinois, in the amount of $58,603.02 for a dog park facility on IDOT property located north of Kohl's Department Store, as presented. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ORDINANCE AUTHORIZING AMENDING THE PAWNBROKER & SECONDHAND DEALER ORDINANCE SECTION 12 DIVISION 1,GENERALLY MC-11-1039 Chief of Police Jones stated the City of McHenry passed and adopted City Ordinance MC-11-1039 in November 2011, entitled Pawnbrokers and Secondhand Dealers in order to better address the problem of stolen goods being sold for cash at pawnshops,junk/scrap yards, recycling centers, jewelry stores, cash-for-gold stores, and other businesses which pay money for used or scrap goods. The Police Department now feels the need to amend the ordinance for clarification of definitions and for practical application, which should not be overbearing on businesses and too intrusive on their everyday operations. Chief of Police Jones stated they are also proposing additional exemptions to the ordinance regarding dealer to dealer transactions and businesses that solely deal in collectible coins and currency; a contradictory change to language in place regarding recording of transactions; clarification on waiting periods; and adding language defining inspection of premises by police clearly separating this inspection from that of a search. The proposed amendments were prepared by legal counsel and staff found them to be in the best interest of both the City of McHenry and all applicable businesses within the City. Motion by Blake, seconded by Condon, to authorize amending the Pawnbroker & Secondhand Dealer Ordinance Section 12 Division 1, MC-11-1039, as presented. Regular Meeting Page 7 October 1,2012 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. `- Voting Nay: None. Absent: None. Motion carried. ORDINANCE AUTHORIZING AMENDING THE SIGN ORDINANCE AND MOVING THE SIGN ORDINANCE FROM THE ZONING ORDINANCE TO THE MUNICIPAL CODE Deputy City Administrator Martin stated the Community Development Committee has looked at signs over the past year at three separate meetings and has recommended some changes to various provisions of the ordinance. The major change is the extension of the non- conforming signs provision for which the committee has recommended a 2-year extension until August of 2015. Staff believes it would be an undue hardship on property owners at this time to enforce the existing registration deadline in August 2013 and believes the best way to proceed is extension of the amortization period. This would allow sufficient time for a series of informational and reminder letters to be sent to each property owner regarding the changes required due to the ordinance. Deputy City Administrator Martin asked Council to eliminate the five foot setback for signs in the C-4 district where there is no building setback. Additionally, the City's sign ordinance is included in the zoning ordinance but all sign variance requests are forwarded to the City Council. The Planning and Zoning Commission has no input on sign variances. Attorney McArdle believes relocating the sign ordinance to the municipal code is a good idea since zoning ordinances address the use of land, and signs, while `-- they could be considered a land use, should be reviewed independently and outside the purview of zoning. Motion by Condon, seconded by Santi, to authorize amending the sign ordinance and moving the sign ordinance from the zoning ordinance to the municipal code, as presented. Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. ORDINANCE AUTHORIZING AMENDING CHAPTER 2 OF THE CITY OF MCHENRY MUNICIPAL CODE-ARTICLE III, CITY COUNCIL, SECTION 2-38,TIME, PLACE FOR REGULAR MEETINGS AND A RESOLUTION ESTABLISHING THE 2013 CITY COUNCIL REGULAR MEETING SCHEDULE City Administrator Morefield stated each year Council must adopt a Resolution establishing the schedule of regular meetings of the City council for the following year. The Finance and Personnel Committee discussed the potential for regular City Council meetings to be scheduled on the 1st and 3rd Mondays of each month and, for those months with five (5) Mondays, that those 5th Mondays be reserved for Committee Meetings of the Whole. The 5th Monday in April 2013 would remain a regular City Council meeting, as this is the Annual Regular Meeting Page 8 October 1,2012 Meeting date per the existing City Code. This schedule provides for 24 regular City Council meetings and three (3) opportunities for Committee Meetings of the Whole. Alderman Wimmer stated this will simplify the meeting schedule for residents. Discussion ensued regarding the gap in meetings from August 19 to October 7 on the new meeting schedule due to the Labor Day holiday. Alderman Schaefer suggested that Council be alerted at the August 19, 2013 meeting if a special meeting might be required due to this gap. City Administrator Morefield stated there can be a recommendation made at the August 19, 2013 meeting to schedule a special meeting or an additional Council meeting for another date in September if it is needed. Motion by Wimmer, seconded by Schaefer, to adopt an Ordinance amending Chapter 2 of the City of McHenry Municipal Code-Article III, City Council, Section 2-38,Time, Place for regular meetings and to adopt a Resolution identifying a schedule of regular City Council Meetings for Calendar year 2013, as presented: JANUARY—7:30 P.M. FEBRUARY-7:30 P.M. MARCH-7:30 P.M. 7 Monday 4 Monday 4 Monday 21 Monday 18 Monday 18 Monday APRIL—7:30 P.M. MAY—7:30 P.M. JUNE—7:30 P.M. 1 Monday 6 Monday 3 Monday 15 Monday 20 Monday 17 Monday 29 Monday—Annual Meeting JULY—7:30 P.M. AUGUST—7:30 P.M. SEPTEMBER—7:30 P.M. 1 Monday 5 Monday 16 Monday 15 Monday 19 Monday OCTOBER—7:30 P.M. NOVEMBER—7:30 P.M. DECEMBER—7:30 P.M. 7 Monday 4 Monday 2 Monday 21 Monday 18 Monday 16 Monday Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low stated the Jaycee's Haunted House opens this weekend. She reminded everyone this is the major fundraiser for the annual Fourth of July fireworks display. "1 Regular Meeting Page 9 October 1,2012 COMMITTEE REPORTS There were no Committee reports. STAFF REPORTS There were no Staff reports. ADJOURNMENT Motion by Wimmer, seconded by Peterson, to adjourn the meeting at 8:51 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 8:51 p.m. `- Mayor City Clerk