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HomeMy WebLinkAboutMinutes - 04/02/2012 - City Council REGULAR MEETING April 2,2012 Mayor Low called the regularly scheduled April 2, 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 Black, Assistant City Administrator Hobson, City Clerk Jones, City Attorney McArdle, Construction and Neighborhood Services Director Schwalenberg, Public Works Director Schmitt, Chief of Police Jones. PLEDGE OF ALLEGIANCE Mayor Low invited members of Cub Scout Pack 351 to lead Council in the Pledge of Allegiance and acknowledged Council is happy to have them participate. PRESENTATION: CHARACTER COUNTS! RECOGNITION AWARD Alderman Geri Condon, President of the Character Counts! Coalition stated it is always an honor to recognize members of the community who have displayed character to be proud of. She thanked West Campus principal Carl Vallianatos for recommending Kevin Heffernan who was specifically nominated for intervening for a person struggling and in need of help. Alderman Condon then read and presented the Character Counts! award to Kevin Heffernan. Mayor Low stated it is gratifying to see someone step forward on behalf of another person and the City is proud to have Kevin as part of our community. PUBLIC INPUT SESSION David Boger of 1102 N. Oakwood addressed Council regarding mosquito abatement. He requested Council's consideration of increasing the budget for this program. Diane Reber of 3916 West Ave. addressed Council regarding rude behavior by youth and young adults at the Althoff basketball courts. She also stated there is loitering sometimes in excess of 60 people on the courts and insufficient parking causing visitors to park on residential lawns, which is taking a toll on the elderly neighbors. Ms. Reber and her neighbors are very concerned for the safety of the young teenagers and young children in the neighborhood. They are asking Council to close the courts, or if that is not possible, at least to provide for greater police presence in the area, locking the gate, and possibly closing the courts earlier in the evening. Mayor Low assured Ms. Reber that the City is aware of the situation and will take steps to ensure enforcement of parking in the municipal lot only and to correct the other problems that are occurring. Chief of Police Jones stated he will personally address the problems with Ms. Reber following the meeting. Regular Meeting Page 2 April 2,2012 CONSENT AGENDA Alderman Blake requested Consent Agenda Item C, Temporary sign permit and waiver of associated fees, VFW Veterans Club, Inc., Post 4600, 3002 West Route 120, be pulled for further consideration and discussion. Alderman Peterson asked, regarding Consent Agenda Item D, Closing Park Street for the Bike Haven grand opening event, if the street will be closed at 5:00 p.m. since the event ends at 3:00 p.m. Assistant City Administrator Hobson replied Staff has provided time for cleanup with the 5:00 p.m. ending time; however, it will possibly be open before 5:00 p.m. Alderman Glab stated he has issues on Consent Agenda Item D, Closing Park Street for the Bike Haven grand opening event, and Consent Agenda Item F, Temporary Use Permit for the Home Depot Garden Center. Regarding Agenda Item D, Alderman Glab asked how many parking spaces would be taken away due to the street closing when the event is hoping to draw 300 people in attendance. Assistant City Administrator Hobson replied there are roughly 25 spaces along the street that would be unavailable and added that people were encouraged to ride bikes to the event. Alderman Glab responded that a poor precedence is being set to close a street to promote business and eliminating parking for a high-attendance event is not wise. He is also concerned residents' concerns might not be addressed in regard to the street closing and that nothing in the packets previously addresses safety concerns which necessitate the street closing. Alderman Schaefer stated he does not have a concern with the closed parking space issues. Alderman Santi stated he has some concerns but is willing to keep an open mind and see how it goes since this is a one-time grand opening event, not an annual event. Regarding Agenda Item F, Alderman Glab asked if he was correct that 30' along the drive between Meijer and Home Depot is being requested for the Garden Center setup. He stated there are safety concerns and traffic would be impeded and suggested the amount of space should be reduced. Construction and Neighborhood Services Director Schwalenberg replied that Home Depot extended out nearly 40' in previous years. The area to the south is for overstock pallet storage only; everything east of the building will be product for sale. Alderman Glab does not have a problem with taking parking spots along the east side of the store as opposed to the south side and believes the layout should be redrawn with tighter guidelines. Motion by Blake, seconded by Condon, to approve the Consent Agenda as amended: A. Fiscal Year 2011/12 Supplemental Appropriation Ordinance; B. Purchase of sewage pump for Donovan Street lift station from Metropolitan Pump Company in an amount not to exceed$14,863; D. Permission to close Park Street on Saturday,June 2nd from 9:00 AM to 5:00 PM for The Bike Haven grand opening special event in Veterans Memorial Park; ,.� Regular Meeting Page 3 April 2,2012 E. Request for temporary use permit, McHenry Lions Club Annual Carnival, Petersen Park, September 20 through 22, 2012; temporary advertising signs in right-of-way, waiver of all associated fees, and `- temporary waiver of Municipal Code Section 16-25 to allow overnight stays in parks; F. Temporary use permit,Home Depot Garden Center,2461 N.Richmond Road until September 24,2012; G. Temporary use permit,Jewel/Osco Garden Center,4222 West Elm Street April 9 through July 5,2012; H. Temporary use permit, McHenry Garden Club Annual Container Garden Gala, 4724 W. Crystal Lake Rd. April 26,2012;temporary advertising signs in right-of-way,and waiver of associated fees; I. Special Event Liquor License, The Church of Holy Apostles Catholic Assistance Missions Aid to Haiti Benefit Dinner,April 28,2012; J. Special Use/Picnic Permits; K. City Council meeting minutes: March 19,2012 regularly scheduled meeting;and L. List of Bills: AALTO, BRIAN 42.61 ACCUCUT 118.00 ACE TOWING & RECOVERY 150.00 ADAMS ENTERPRISES INC, R 221.26 ADAMS STEEL SERVICE INC 322.35 ADAMS, SAMANTHA 105.00 AT&T 31306.71 AT&T LONG DISTANCE 228.82 B&W CONTROL SYSTEMS INTE 961.69 BERKHEIMER CO INC, G W 209.26 BEUCKMAN, JESSICA 97.50 BOOKMAN, ARTHUR 950.00 BUSS FORD SALES 454.96 CABAY & COMPANY INC 701.90 CAREY ELECTRIC 2,807.00 CDW GOVERNMENT INC 3,500.00 CENTEGRA OCCUPATIONAL HE 68.60 CHICAGO CHAIN & TRANSMIS 2,893.86 COMED 129.43 CONNEY SAFETY PRODUCTS 282.21 CONSTELLATION NEWENERGY 255.25 CRBA 200.00 CRESCENT ELECTRIC SUPPLY 209.75 CUTTING EDGE COMMUNICATI 281.25 DELL MARKETING LP 2,660.12 DOCUMENT IMAGING DIMENSI 542.00 DREISILKER ELECTRIC MOTO 353.28 DUNN, TAMMY 192.50 ED'S RENTAL & SALES INC 28.54 EDEN, TABITHA 45.00 EJ EQUIPMENT 75.30 FAMILY TAILOR SHOP 43.50 FIRE GUARD OF ILLINOIS I 450.00 FISHER, MARC 23.05 FLESCH COMPANY INC, GORD 77.60 FOERSTER, JEFFERY S 39.43 FOX WATERWAY AGENCY 40.00 FOXCROFT MEADOWS INC 264.50 G IMPRESSIONS INC 73.50 GALLAGHER RISK MANAGEMEN 60.00 GROVE, KELLY 25.00 HINZPETER, RICHARD L 250.00 HRGREEN 689.00 HYDRAULIC SERVICES AND R 347.13 ILLINOIS FBI NA 75.00 ILLINOIS STATE TOLL HIGH 24.14 JENSEN, TED 270.00 JIMS MCHENRY AUTO BODY 1,186.78 KALE UNIFORMS INC 16.00 KANTOR, GARY 140.00 KIMBALL MIDWEST 984.68 KOHON, ANDY 5.00 LAROSE, JAMES A 50.00 LEONARD, PAULETTE 10.00 Regular Meeting Page 4 April 2,2012 LUNKEHEIMER, JOHN 282.50 MAACO COLLISION REPAIR & 589.25 MCAULIFF & SEMROW PC 750.00 MCCANN INDUSTRIES INC 373.87 MCHENRY ANALYTICAL WATER 2,633.00 MCHENRY AREA CHAMBER OF 553.13 MCHENRY COUNTY COUNCIL 0 132.00 MCHENRY FIRESTONE 900.00 MEADE INC 441.20 METRA 943.74 MEYER MATERIAL COMPANY 273.82 MID AMERICAN WATER OF WA 316.00 MIDWEST ENVIRONMENTAL 380.00 MIDWEST HOSE AND FITTING 29.92 MILLER, KIM 39.38 MORRIE AND SONS INC 135.00 NATIONAL PUBLIC EMPLOYER 190.00 NICOR GAS 3,509.45 NORTH AMERICAN SALT COMP 19,019.95 NORTH SUBURBAN WATER 45.00 OFFICE DEPOT INC 90.31 OTTOSEN BRITZ KELLY COOP 925.00 PACE 9,394.28 PEPSI BEVERAGE COMPANY 291.23 PETROLIANCE LLC 13,121.17 PETTIBONE & CO, P F 1,524.99 POLERECKY, ROSS 60.00 PRECISION SERVICE & PART 391.28 PROFESSIONAL INSPECTION 625.00 RADICOM INC 180.49 REINDERS INC 234.56 RELIABLE OFFICE SUPPLIES 140.98 REX AUTO BODY 130.00 RNOW INC 508.21 ROCKALL, KRISTIAN 1,870.00 RUSHING, RHONDA F LANG- 80.00 SCHMITT, JON 35.99 SECRETARY OF STATE/INDEX 20.00 SEWER EQUIPMENT CO OF AM 3,442.62 SEXTON, ERIC M 25.90 SHARPE, TIMOTHY W 1,900.00 SHERMAN MECHANICAL INC 2,800.71 SIRCHIE FINGER PRINT LAB 304.76 SIUE 15.00 SNAP-ON TOOLS 150.00 STAPLES ADVANTAGE 174.89 STAPLES CREDIT PLAN 209.79 TAPCO 815.76 USA BLUEBOOK 794.56 VACULA, JOHN T 1,500.00 VAN GALDER BUS COMPANY 1,654.00 VERIZON WIRELESS 45.17 VOLTAGE ONE INC 75.00 WASTE MANAGEMENT OF WI P 9,545.44 WEST SIDE TRACTOR SALES 19.98 WILSON LANDSCAPE SUPPLY 341.00 XYLEM WATER SOLUTIONS US 960.46 ZAHN, DAN 210.00 ZUKOWSKI ROGERS FLOOD F 8,902.50 GRAND TOTALS 122,586.70 FUND TOTALS GENERAL FUND 59,305.34 MOTOR FUEL TAX FUND 19,019.95 TIF FUND 150.00 WATER/SEWER FUND 32,741.41 RISK MANAGEMENT FUND 1,246.78 INFORMATION TECHNOLOGY FUND 7,031.29 RETAINED PERSONNEL ESCROW 1,152.50 .� POLICE PENSION FUND 1,939.43 TOTALS 122,586.70 Regular Meeting Page 5 April 2,2012 Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. CONSENT AGENDA ITEM C: TEMPORARY SIGN PERMIT AND WAIVER OF ASSOCIATED FEES VFW VETERANS CLUB, INC.. POST 4600, 3002 WEST ROUTE 120 Alderman Blake commented that two feather banners were approved last year for the VFW. He stated anything that can be done to assist the VFW as a local business should be approved. He would like to see two feather banners approved. Alderman Santi commented he has an issue with the waiver of fees and suggested a sliding fee scale be enacted for not-for-profits in the future. He has no concerns with the banners as long as they are kept well-maintained. Alderman Schaefer stated he concurs with Alderman Santi regarding the fees. Motion by Blake, seconded by Wimmer, to approve a temporary sign permit for two feather banners and waiver of associated fees for the VFW Veterans Club, Inc., Post 4600, 3002 West Route 120. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR A FENCE VARIANCE FROM JIM AND MARY THEODORE, 718 MCHENRY AVENUE TO ALLOW THE INSTALLATION OF A FENCE IN A REQUIRED FRONT YARD Construction and Neighborhood Services Director Schwalenberg stated a request was submitted by Jim and Mary Theodore, owners of 718 McHenry Avenue, to allow the installation of a four-foot high cedar fence extending 15 feet into the required front yard and to erect a four-foot high cedar fence in the required front yard with a 15-foot setback from the front property line, citing safety concerns. City regulations prohibit fences in front and corner side yards with the exception of 42-inch split-rail fencing. Staff believes there is substantial justification for the variances due to the placement of the house on the property and usable yard area restricted to the front and corner side yard. There is no obstruction to vision clearance and neighbors were contacted and have no objection to the proposed fence location. It is Staff's recommendation to approve a variance to allow the construction of a four-foot high cedar fence in a required front yard, with a minimum 15-foot front yard setback as presented. L Regular Meeting Page 6 April 2,2012 Motion by Wimmer, seconded by Blake, to approve a fence variance for Jim and Mary Theodore, 718 McHenry Avenue, to allow the installation of a fence in a required front yard, as presented. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST TO APPROVE A DONATION OF $3,000 FROM THE TOURISM FUND FOR THE MCHENRY BASEBALL ASSOCIATION FOR THEIR ASSISTANCE WITH THE MCHENRY COUNTY YOUTH SPORTS ASSOCIATION (MCYSA) SUMMER INTERNATIONAL CHAMPIONSHIP BASEBALL TOURNAMENT Assistant City Administrator Hobson stated a request was submitted from the McHenry Baseball Association (MBA) for a $3,000 donation to assist with their endeavors in the MCYSA Summer International Championship baseball tournament scheduled in McHenry from July 28 through August 5, 2012. The MBA was an integral part of the CABA baseball tournament for the past three years and Staff appreciates their assistance as it alleviated some of the workload placed on city employees during the active summer season. Staff estimated manpower costs would be approximately $4,500 if the City were solely responsible for maintaining three fields during the tournament. MBA volunteers have committed to providing continued field --� maintenance support during the MCYSA tournament. Staff has no concerns with this request. It is Staffs recommendation to approve a donation of $3,000 from the Tourism Fund for the McHenry Baseball Association for their contributions to the McHenry County Youth Sports Association Summer International Championship baseball tournament. Alderman Condon stated this is money well spent bringing people into our community and businesses. Alderman Santi inquired if a donation was made to the CABA organization last year. Assistant City Administrator Hobson replied that $6800 was donated last year. Alderman Santi requested a brief explanation of the $4,500 in maintenance costs estimated for field maintenance. Assistant City Administrator Hobson provided a brief explanation of the costs. Alderman Santi asked Staff to consider finding a way to estimate the funds coming in through hotel stays and retail and restaurant purchases during this tournament for future assessment. Alderman Glab asked Staff to try to determine if the Chamber of Commerce was donating anything toward this event. Assistant City Administrator Hobson stated the Chamber has made in-kind donations in support of these events in the past. Regular Meeting Page 7 April 2,2012 Alderman Peterson asked what ages were represented in the MCYSA tournament. Assistant City Administrator Hobson stated the age categories are 15 and under, 13 and under, and 11 and under. Motion by Condon, seconded by Wimmer, to approve a donation of $3,000 from the Tourism Fund for the McHenry Baseball Association for their assistance with the McHenry County Youth Sports Association Summer International Championship Baseball Tournament, as presented. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST TO APPROVE A TEMPORARY USE PERMIT ALLOWING OUTSIDE SALES AND DISPLAYS ON THE VACANT PROPERTY TO THE EAST OF ECKEL'S FLEA MARKET,3705 WEST ELM STREET Construction and Neighborhood Services Director Schwalenberg stated a request was submitted by Carl Eckel, owner of Eckel's Flea Market at 3705 West Elm Street, to approve a temporary use permit allowing 15 vendors to display and sell merchandise outside on adjacent vacant property to the east. The property has been vacant since 1995 and RJP Properties Family Partnership, owner of the property, has granted Eckel's Flea Market permission to use it in exchange for maintaining the property. If approved, 15 spaces will be available for outside sales and displays three days a week, Saturday and Sunday, and Monday during Cruise Nights, beginning April 7, 2012 through June 9, 2012. One properly anchored pop-up tent will be allowed per vendor, with no electric, water or signage requested, and all merchandise will be removed each night. It is Staffs recommendation to approve a temporary use permit to allow Eckel's Flea Market to set up 15 outdoor vendor spaces beginning April 7, 2012 through June 9, 2012, on vacant property to the east of 3705 W. Elm Street with the following conditions: 1. Any additional requests for outdoor display of merchandise or outdoor vendors this year will require application for a conditional use permit; 2. The site and surrounding properties shall remain free from trash and debris at all times; 3. All tents shall be maintained and remain in good condition for the duration of the temporary use permit; and 4. All merchandise shall be removed at the end of each business day. Alderman Wimmer stated this flea market has really seemed to flourish and they have been a great neighbor to adjacent businesses. Regular Meeting Page 8 April 2,2012 Alderman Peterson inquired about maintenance on this property in past years and ...N whether it will be maintained better than it has previously. Mr. Eckel stated he plans on cleaning up the area and keeping the lot maintained. Alderman Condon has a concern that everything is maintained outside and cleaned up on a regular basis but believes it has potential. Alderman Glab inquired if the property was being maintained to City standards. Construction and Neighborhood Services Director Schwalenberg responded that the City cleaned up the property 7-8 years ago and the owner reimbursed the City. It could probably be maintained more thoroughly, but it does meet the standards. Alderman Santi stated a concern that there will not be any conformity to the tents and would like color coordination so it is more visually appealing. Some discussion was held regarding conformity of tents. Alderman Santi also inquired where vendors will park if the area is used for outside sales. Mr. Eckel stated he was given permission by McHenry Savings Bank on Green St. and Locker's Flowers on Third St. for any extra parking needed. Motion by Wimmer, seconded by Peterson, to approve a Temporary Use Permit allowing outside sales and displays on the vacant property to the east of Eckel's Flea Market, 3705 W. Elm Street, with the following conditions from Staff, as presented: 1. Any additional requests for outdoor display of merchandise or outdoor vendors this year will require application for a conditional use permit; 2. The site and surrounding properties shall remain free from trash and debris at all times; 3. All tents shall be maintained and remain in good condition for the duration of the temporary use permit; and 4. All merchandise shall be removed at the end of each business day. Voting Aye: Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: Santi. Absent: None. Motion carried. ORDINANCE AUTHORIZING AN AMENDMENT TO CITY OF MCHENRY ZONING ORDINANCE CHAPTER 7,ARTICLE XI, FENCES Construction and Neighborhood Services Director Schwalenberg stated City ordinances regulate height, style, and placement of fences. Due to the permit process and enforcement efforts, Staff has determined several issues that would improve the existing fence ordinance. When a variance is requested, Staff believes requiring petitioners to notify adjoining and abutting property owners would be beneficial and offer them an opportunity to voice their opinion prior to a fence being installed. Staff has prepared a form and is recommending use of this form whenever a petitioner requests a fence variance in order to clarify the process. Staff Regular Meeting Page 9 April 2,2012 Is proposing clarification of front setback requirements to coincide with the building line as interpreted by Staff, and an addition of regulations to non-residential fences which closely mirror the residential fence guidelines. In addition, Director Schwalenberg stated Staff is proposing an amendment to exempt landscape-style fencing from needing a permit and to charge a $175 application fee for a fence variance. The Community Development Committee unanimously recommended approval of the proposed amendments at their February 21, 2012 meeting. Construction and Neighborhood Services Director stated it is Staff's recommendation to approve an Ordinance authorizing an amendment to City of McHenry Zoning Ordinance Chapter 7, Article XI, Fences, as presented. Alderman Glab requested clarification on the landscape fencing changes specifying lengths of fence sections rather than just noting number of fence sections in general. He also suggested the wording should be changed regarding supporting structures. Director Schwalenberg assured Alderman Glab he would look into clarification of the wording used in the amendment. Alderman Schaefer stated he would like to see language in the Ordinance for rights-of- way and easements so those types of issues are addressed. Alderman Glab suggested Staff may want to clarify and establish minor and major fence variance guidelines and fees. Alderman Condon stated Construction and Neighborhood Services Director Schwalenberg did a great job in detailing the enforcement issues and proposed changes. She stated she appreciates Alderman Shaefer and Glab's comments, but she likes the Ordinance as written and believes Director Schwalenberg can put their suggestions into practice as things are presented. Motion by Wimmer, seconded by Santi, to approve an Ordinance authorizing an amendment to City of McHenry Zoning Ordinance Chapter 7, Article XI, Fences, as presented: Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low congratulated Chief of Police Jones and the police department on their CALEA re-accreditation in Mobile, AL last week. She also announced the McHenry Jaycees Easter Egg Hunt is this Saturday, April 7 at Petersen Park at noon, and the Second Annual Human Race is taking place on April 15 at the McHenry Corporate Center. Runners participating in the race can designate CHARACTER COUNTS! as their charity of choice. Regular Meeting Page 10 April 2,2012 COMMITTEE REPORTS Alderman Schaefer announced there is a Finance and Personnel Committee meeting on Monday, April 9 at 5:00 p.m. in the Alderman's Conference Room. Alderman Wimmer announced there is a Public Works Committee meeting on Monday, April 16 at 6:30 p.m. in the Alderman's Conference Room, prior to the City Council meeting. STAFF REPORTS Public Works Director Schmitt stated annual yard-waste collection programs are starting. Curbside collection started today and stickers are available at City Hall. The Knox Park drop-off site for yard waste will be open on Saturdays from 7:00 a.m. to noon, beginning April 7. The spring Fire Hydrant Flushing program will begin on April 16. FUTURE AGENDA ITEMS Alderman Santi inquired if the Landmark Commission has a budget for fagade grants. City Administrator Black replied the proposed budget for fagade grants for next year is$5,000. Alderman Schaefer asked if Character Counts! recognition awards are presented to students at school as well as at City Council meetings. Mayor Low responded it is left up to the individual schools but the recipients are announced once a year at a band concert. "1 EXECUTIVE SESSION: PERSONNEL AND COLLECTIVE BARGAINING Motion by Wimmer, seconded by Blake, to go into Executive Session at 8:52 p.m. to discuss Personnel and Collective Bargaining. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council adjourned to Executive Session at 8:56 p.m. Motion by Santi, seconded by Schaefer, to go back into Open Session at 9:30 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 9:30 p.m. Regular Meeting Page 11 April 2,2012 OPEN SESSION REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION Motion by Wimmer, seconded by Peterson, to accept the Agreement between Unit I of the Fraternal Order of Police and the City of McHenry for May 1, 2012 through April 30, 2015. Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. ADJOURNMENT Motion by Wimmer, seconded by Peterson, to adjourn the meeting at 9:30 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 9:30 p.m. 4 J'�'(� � )9/— AR n C Mayor City Clerk