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.
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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
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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
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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
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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.
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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.
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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
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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.
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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