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HomeMy WebLinkAboutMinutes - 08/06/2012 - City Council REGULAR MEETING August 6, 2012 Mayor Low called the regularly scheduled August 6, 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 Administrator Martin, Assistant City Administrator Hobson, City Clerk Jones, City Attorney McArdle, Construction and Neighborhood Services Director Schwalenberg, Public Works Director Schmitt, Deputy Chief of Police Birk. PROCLAMATION RECOGNIZING FAMILY ALLIANCE, INCORPORATED Mayor Low read a Proclamation recognizing Family Alliance, Incorporated for 30 years of service to mature adults and their care partners throughout McHenry County and encouraging communities to promote active and stimulating mental health environments. She recognized Lynn Orfal of Family Alliance who attended and accepted the Proclamation. PUBLIC INPUT SESSION There was no one who signed in to speak during the Ten Minutes of Public Input. CONSENT AGENDA Motion by Santi, seconded by Condon,to approve the Consent Agenda as presented: A. Purchase of a 2012 Ford Focus replacement vehicle for CNS Department from Buss Ford in an amount not to exceed $16,805; B. July 16,2012 City Council meeting minutes; C. As Needed Checks: AMERICA'S ACTION TERRITO 526.50 BLUE CROSS BLUE SHIELD O 121,597.19 BROWN, CHLOE 100.00 FOP UNITS I/II 1,935.00 HOME DEPOT CREDIT SERVIC 1,286.02 IDPH - EMS 50.00 IUOE, LOCAL 150 2,172.38 LEGALSHIELD 93.65 LULLO, MACKENZIE 100.00 MCHENRY COMMUNITY HIGH S 500.00 NATIONAL GUARDIAN LIFE I 42.33 NCPERS GROUP LIFE INS. 224.00 PATTERSON, ERICA 100.00 POSTMASTER MCHENRY IL 1,865.28 TIMBER RIDGE LODGE & WAT 518.00 UNITED PARCEL SERVICE 130.34 UNUM 1,528.72 WIGMAN, OLIVIA 100.00 WOODSTOCK DOLPHINS 470.00 GRAND TOTALS 133,339.41 FUND TOTALS GENERAL FUND 10,566.19 PAGEANT FUND 400.00 MCHENRY AREA CHARACTER COUNTS 500.00 WATER/SEWER FUND 276.03 EMPLOYEE INSURANCE FUND 121,597.19 `� TOTALS 133,339.41 Regular Meeting Page 2 August 6,2012 D. List of Bills: A-YARD CORP 225.00 ADAMS ENTERPRISES INC, R 2,019.14 AFTERMATH INC 190.00 AMERICAN HEATING & COOLI 315.00 ANDERSON CONCRETE INC, D 800.00 ARBOR DAY FOUNDATION 15.00 AT&T 3,339.85 AT&T LONG DISTANCE 224.31 AUTO TECH CENTERS INC 1,178.66 AYALA, SAMUEL JUAN 1,500.00 B&W CONTROL SYSTEMS INTE 146.94 BAKERCORP 2,902.00 BARRINGTON TRANSPORTATIO 631.00 BAXTER & WOODMAN 353.88 BUCK BROS INC 169.52 BURRIS EQUIPMENT COMPANY 1,750.00 BUSS FORD SALES 331.35 C&H DISTRIBUTORS INC 1,124.07 CENTEGRA 39.20 CHICAGO INTERNATIONAL TR 356.78 COIL RACING ENGINES 100.00 COMED 21,190.80 CONNEY SAFETY PRODUCTS 158.49 CONSERV FS 431.44 COPY-RITE INC 46.23 CRESCENT ELECTRIC SUPPLY 51.54 CULVERS OF MCHENRY 192.00 DOCUMENT IMAGING DIMENSI 308.00 DREISILKER ELECTRIC MOTO 2,152.10 DURA WAX COMPANY INC, TH 233.00 E & E LIGHTING INC 231.20 ED'S RENTAL & SALES INC 1,150.00 EDER CASELLA & CO 20,000.00 EHAS, ERLE 105.00 EISERMAN, JERRY 28.15 ENO, CHERYL 75.00 ETTEN, CHRISTOPHER 141.42 FISCHER BROS FRESH 452.25 FLESCH COMPANY INC, GORD 77.00 FOXCROFT MEADOWS INC 511.50 FRY, ROBERT J 225.00 GALLS AN ARAMARK CO LLC 383.91 GOLD MEDAL PRODUCTS 656.53 GREAT LAKES FIRE & SAFET 27.90 GROVES, SANDRA 329.25 HALOGEN SUPPLY COMPANY 1,279.58 HAMBY, DAVE 700.00 HARM'S FARM 402.34 HARPER, MICHAEL 161.97 HAWKINS INC 3,845.01 HERITAGE TITLE COMPANY 750.00 HILL NURSERY, D 182.00 HOME DEPOT CREDIT SERVIC 1,942.01 HRGREEN 27,135.00 ILLINOIS FBI NA 75.00 INFANTE, ALFONSO 980.00 IT'S RACE TIME INC 1,004.50 KALE UNIFORMS INC 130.06 KIMBALL MIDWEST 973.35 LAW ENFORCEMENT INTELLIG 80.00 LOFGREN, GREG 16.09 LYND, KATHLEEN 50.00 MCANDREWS PC, THE LAW OF 6,800.00 MCCORMICK, JIM 1,500.00 MCHENRY ANALYTICAL WATER 180.00 MCHENRY FIRESTONE 243.10 MCHENRY LIONS CLUB 108.00 MCHENRY SCHOOLS TRANSPOR 925.97 Regular Meeting Page 3 August 6,2012 MID AMERICAN WATER OF WA 332.20 MIDCO 3,108.00 MIDWEST HOSE AND FITTING 39.40 MINUTEMAN PRESS OF MCH 143.84 MORRIS, MATT 38.70 MYERS-SCHMITZ, CAROL 130.00 NICOLET SCENIC TOURS 6,695.00 NICOR GAS 923.15 NORTH SUBURBAN WATER 45.00 NORTHWEST ELECTRICAL SUP 152.31 NORTHWEST HERALD 235.00 O'HERRON CO INC, RAY 210.00 OWSLEY, MIKE 171.95 PALUCH, ZELINDA 3.60 PEPSI BEVERAGE COMPANY 260.46 PETROLIANCE LLC 10,810.78 PETTIBONE & CO, P F 2,997.06 PITEL SEPTIC INC 850.00 PRECISION SERVICE & PART 76.44 PRO PLAYER CONSULTANTS I 1,665.00 RELIABLE OFFICE SUPPLIES 164.02 RNOW INC 406.63 ROBERTS, PATRICIA J 320.00 ROC CONSTRUCTION SUPPLY 88.56 ROSE, JEFFREY T 262.50 SCHAFER, PAT 176.42 SCHMIDT, LINDA 60.00 SECRETARY OF STATE / POL 99.00 SHERWIN INDUSTRIES INC 2,747.50 SKILLS FIRST SOCCER LLC 1,380.00 SMITH, WILLIAM 150.00 STANS OFFICE TECHNOLOGIE 43.04 STAPLES ADVANTAGE 177.14 STAPLES CREDIT PLAN 214.49 TAMPARONG, NAOMI 38.00 THELEN MATERIALS LLC 171.50 THEODORE POLYGRAPH SERV 135.00 THOMPSON ELEVATOR INSPEC 75.00 THOMPSON, SCOTT 50.00 TONYAN, LUCY 2,079.00 TRAFFIC CONTROL & PROTEC 1,324.21 TREDROC TIRE/ANTIOCH 002 3,135.75 USA BLUEBOOK 239.85 VACULA, JOHN T 1,050.00 VALENTINES REPAIR 7.80 VIKING CHEMICAL COMPANY 8,493.88 WALSH, THOMAS 45.00 WASTE MANAGEMENT OF WI P 6,363.12 WELCH BROS INC 236.00 WHITE, EILEEN 30.00 ZAHN, DAN 92.00 ZARNOTH BRUSH WORKS INC 639.00 GRAND TOTALS 175,715.69 FUND TOTALS GENERAL FUND 95,769.64 AUDIT EXPENSE FUND 20,000.00 MOTOR FUEL TAX FUND 27,135.00 WATER/SEWER FUND 28,988.10 INFORMATION TECHNOLOGY FUND 3,469.07 RETAINED PERSONNEL ESCROW 353.88 TOTALS 175,715.69 Regular Meeting Page 4 August 6,2012 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FROM THE MCHENRY AREA SOCCER FEDERATION (MASF) FOR A TEMPORARY USE PERMIT TO ALLOW TEMPORARY LIGHTING ON MCHENRY SCHOOL DISTRICT 15 PROPERTY ADJACENT TO SHAMROCK FARMS PARK, 440 FARMSTEAD TRAIL AND THE USE OF SHAMROCK FARMS PARK PARKING LOT AFTER DUSK FROM SEPTEMBER 1, 2012 THROUGH NOVEMBER 17, 2012 Construction and Neighborhood Services Director Schwalenberg stated the McHenry Area Soccer Federation (MASF) is requesting a temporary use permit allowing the use of temporary lighting on McHenry School District 15 property, 440 Farmstead Dr., adjacent to Shamrock Farms Park. They are also asking to use the parking lot at Shamrock Farms Park after dusk during the same time frame. If approved, the MASF is planning to use the lighting and parking lot Monday through Friday from September 1, 2012 through November 17, 2012 from 5:00 p.m. to 9:00 p.m. Doing so will allow the practice fields to be used during evening hours until the soccer season comes to an end. Construction and Neighborhood Services Director Schwalenberg stated this is the second year the MASF has made this request. Staff is unaware of any complaints or concerns from nearby property owners and no violation of City ordinance was observed last year. City staff will take both sound and light level readings this year to verify compliance with City ordinance. Alderman Santi asked if the lighting was still being powered by generator and if this would eventually be a long-term request by the MASF. Construction and Neighborhood Services Director responded the lights are powered by generator. Jeff Dietrich of MASF responded they would appreciate requesting this year to year as they initially want lights on a temporary basis but would like to potentially request lighted fields in the future on a permanent basis. Motion by Schaefer, seconded by Blake, to approve a Temporary Use Permit to allow the use of up to five temporary light towers on School District 15 property adjacent to Shamrock Farms Park, 440 Farmstead Trail, and the use of Shamrock Farms Park parking lot after dusk from September 1, 2012 through November 1, 2012 with the following conditions, as presented: 1. Lighting is only to be used Monday through Friday from 5:00 p.m. to 9:00 p.m.; 2. The use of the parking lot at Shamrock Farms Park is during the same days and times as the lighting; and 3. The performance standards found in the City Zoning ordinance are complied with. "1 Regular Meeting Page 5 August 6,2012 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR SIGN VARIANCE FOR WALGREENS LOCATED AT 3925 W ELM STREET Construction and Neighborhood Services Director Schwalenberg stated a request was received from Walgreens at 3925 W Elm Street for a sign variance. Walgreens has begun permitted alterations to offer "Take Care Clinic" services in the future. The quantity of signs will remain the same as was originally approved by City Council in 2001. However, Walgreens needs to install a new sign package on the building and is seeking relief of the City's sign ordinance to allow an additional 83 square feet of signage area for a total of 298 square feet. Staff believes this is a reasonable request because larger retail businesses typically display words on their fa§ade advertising particular brands or services offered. Motion by Wimmer, seconded by Santi, to approve a request for a sign variance from Walgreens for the property located at 3925 W Elm Street, as presented, allowing the installation of: 1. A total of six wall signs; 2. Two oversize directional signs; and 3. An additional 83 square feet of signage area for a total of 298 square feet. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ORDINANCE AUTHORIZING A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR SEATING — THE VILLAGE SQUIRE, 4512 W ELM STREET AND A VARIANCE FROM THE OFF-STREET PARKING REQUIREMENTS FOR AN EAT-IN, NO DRIVE-IN RESTAURANT Deputy City Administrator Martin stated a request was submitted by George Karas, The Village Squire McHenry, for a conditional use permit to allow outdoor seating at the restaurant located at 4512 W Elm Street, along with a request for a variance from the off-street parking requirements for an eat-in, no drive-in restaurant. The matter was presented before the Planning and Zoning Commission at a public hearing held on July 19, 2012. The Commission unanimously recommended approval of the conditional use permit and variance requests subject to the following conditions being met: 1. The outdoor seating area shall not eliminate more than three parking spaces; 2. There shall be no general public access to the outdoor dining area to/from the parking lot; 3. The design shall be in substantial conformance with the specifications submitted; 4. Any future enclosure of the space is required to meet all building and zoning codes; 5. Additional directional signage for parking is provided; and `- 6. Bollards be considered at the southwest and northwest corners of the seating area. Regular Meeting Page 6 August 6,2012 Deputy City Administrator Martin stated the proposed seating area is approximately 588 sf. and three parking spaces would be eliminated as a result of the outdoor addition. In accordance with the current parking regulations, 117 parking spaces are required with the outdoor dining addition, and there are 87 existing parking spaces on the subject property. Subtracting three spaces for the outdoor dining area requires a parking variance of 33 spaces. Deputy City Administrator Martin stated staff supports the off-street parking variance request since accommodating on-site parking will not be an issue the majority of the year, with the outdoor dining area being seasonal and not always in use, yet it will substantially enhance the business. He also explained the net floor area calculation that is used to determine the number of parking spaces includes an existing 540 sf. party room within the restaurant as well as the outdoor dining space, both of which are not utilized year-round. Staff does not have any concerns with allowing outdoor seating in conjunction with the proposed restaurant. Alderman Wimmer stated sacrificing only three parking spaces for the outdoor addition is reasonable. Alderman Glab stated the addition proposed was done very tastefully but he has an issue with the limited parking. If off-site parking is being used in neighboring parking lots an agreement should be in place. Motion by Wimmer, seconded by Schaefer, to accept the recommendation of the Planning and Zoning Commission to pass an ordinance granting a conditional use permit to allow outdoor seating for The Village Squire located at 4512 W Elm Street and to grant a variance to the off-street parking requirements, as presented. Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW OUTSIDE DISPLAY OF MERCHANDISE— FOX RIVER FLEA MARKET, 3017 W ROUTE 120 Deputy City Administrator Martin stated a request was received from Fox River Flea Market located at 3017 W Route 120 for a conditional use permit to allow outside display of merchandise. The matter was presented before the Planning and Zoning Commission at a public hearing held on April 19, 2012. The Commission did not recommend approval of a conditional use permit. City Council, however, did grant a temporary use permit at the May 21, 2012, regular meeting to allow outdoor display beginning June 2, 2012 through August 5, 2012. Deputy City Administrator Martin stated Fox River Flea Market is open year round on Saturdays and Sundays and the applicant would like the ability to allow vendors to display Regular Meeting Page 7 August 6,2012 merchandise outdoors during business hours on a permanent basis. Staff has received multiple �-' complaints referencing the subject property before and after the Planning and Zoning Commission meeting and staff continues to respond to zoning violations, illegal signage on the subject property, as well as different types of distractions to motorists. Discussion ensued regarding the appearance of the Flea Market and compliance with staff requests regarding zoning, signage and general upkeep. Motion by Wimmer, seconded by Blake, to accept the recommendation of the Planning and Zoning Commission to deny a request from Fox River Flea Market located at 3017 W Route 120 for a conditional use permit to allow outside display of merchandise as presented. Voting Aye: Glab, Schaefer, Blake, Wimmer, Condon. Voting Nay: Peterson, Santi. Absent: None. Motion carried. APPROVAL OF A RESOLUTION ESTABLISHING FUND BALANCE POLICIES AS REQUIRED BY GASB 54 City Administrator Morefield stated in February 2009 the Governmental Accounting Standards Board (GASB) issued statement number 54 which went into effect during fiscal year 2011-2012. The objective of this standard is to enhance the usability of the financial statements by defining the fund balance categories. The fund balance type being addressed at this time is the assigned type. Assigned fund balance is the amount intended to be used for a specific purpose and can be expressed by management with authorization by the government. It is important to assign fund balances for specific purposes so that users are not misled by large unassigned fund balances. In order to assign funds a resolution must be passed giving authority to management. Staff recommends approval of the Fund Balance Resolution allowing management to assign fund balances in the financial statements that accompany the audit. Alderman Schaefer suggested amending the resolution delegating authority to assign fund balances and authority to deviate from policy if it is in the best interest of the City of McHenry to Carolyn Lynch, Finance and Accounting Manager with the advice and consent of the Finance and Personnel Committee. City Administrator Morefield concurred with Alderman Schaefer's suggestion. Motion by Wimmer, seconded by Santi, to approve a Resolution Establishing Fund Balance Policies as required by GASB 54, as amended. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Regular Meeting Page 8 August 6,2012 MAYOR STATEMENT AND REPORT Mayor Low reported there are two more Thursday night band concerts at Veteran's Park in the summer band series. She invited everyone to attend the "Keep the Spirit of 45 Alive" ceremony Sunday, August 12 at 5:00 p.m. in Veteran's Park. Mayor Low stated it is always a moving ceremony organized by resident Ron Bykowski. COMMITTEE REPORTS Alderman Peterson stated there is a Parks and Recreation Committee Meeting on Tuesday August 14 at 7:00 p.m. in the Municipal Center Classroom. Alderman Blake stated there is a Public Works Committee Meeting on Monday August 13 at 6:00 p.m. in the Alderman's Conference Room. STAFF REPORTS There were no Staff reports. FUTURE AGENDA ITEMS City Administrator Morefield stated a list of tentative future agenda items was provided to the Council noting the list is tentative and items may be removed and added. Alderman Glab stated he has issues with businesses in the City that do not generate sales tax for the City. ADJOURNMENT Motion by Wimmer, seconded by Blake, to adjourn the meeting at 8:18 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 8:18 p.m. mayor ` City Clerk