HomeMy WebLinkAboutMinutes - 08/29/2005 - City Council REGULAR MEETING
AUGUST 29, 2005
The Regular Meeting of the McHenry City Council was called to order by Mayor Low
- at 7:30 P.M. on Monday, August 29, 2005 in the Council Chambers of the Municipal
Center. At roll call the following Aldermen were present: Santi, Glab, Schaefer,
Murgatroyd, Wimmer, Peterson, and Condon. Absent: None. City Staff in attendance
were: City Administrator Maxeiner, Assistant to the City Administrator Martin, City Clerk
Jones, City Attorney McArdle, Chief of Police O'Meara, Director of Public Works Marcinko,
Director of Community Development Napolitano, Director of Parks and Recreation Merkel
and Community Relations Management Assistant Hobson. Absent: None.
TEN MINUTE PUBLIC INPUT SESSION
No one signed in to speak at the 10-minute input session.
CONSENT AGENDA
Alderman Condon requested that in Item F, the City Council Minutes of August 1,
2005 meeting, be pulled from the Consent Agenda for further discussion.
Motion by Condon, seconded by Wimmer, to approve the Consent Agenda as
amended:
A. Temporary advertising sign and waiver of permit fee for Pioneer
Center Fishing Derby;
B. Ordinance amending Municipal Code Chapter 32 relating to
Massage Therapy;
C. Final pay request from Ridgeview Electric, Inc. for installation of
lighting at Petersen Park in the amount of$3,067;
D. Purchase of Mobile Client Software from INDICO, Inc, in an amount
not to exceed $9,500;
E. Picnic/Special Use Permits;
F. Approve City Council Minutes:
a. June 20, 2005 regularly scheduled meeting;
b. July 18, 2005 regularly scheduled meeting; and
c. July 25, 2005 regularly scheduled meeting.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Condon, seconded by Wimmer, to approve the Minutes of August 1, 2005
regularly scheduled Council meeting at a later date, pending discussion regarding
clarification of content with City Clerk Jones.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
August 29, 2005
Page 2
USE OF VETERANS MEMORIAL PARK FOR ANTIQUE DEALERS SALE
Management Assistant for Community Relations Hobson informed Council that a
letter was received from Pamela Brunner, a McHenry resident and owner of a small shop
in the Volo Antique Mall. Ms. Brunner is requesting permission to hold an Antique Dealers
Sale in Veterans Memorial Park on Saturday, October 8, 2005. Mrs. Brunner intends to
invite local antique dealers to participate in the sale.
Staff opined the event would bring people to the downtown district and provide
exposure for some of the unique stores McHenry has to offer. Veterans Memorial Park
provides a venue, which is appealing to vendors and attendees. If successful, Mrs.
Brunner hopes to make the Antique Dealers Sale an annual event.
Motion by Schaefer, seconded by Santi, to accept Staffs recommendation to
approve a request for the temporary use of Veterans Memorial Park on Saturday, October
8, 2005 for an Antique Dealers Sale.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
USE OF PETERSEN HISTORIC FARM AND WAIVER OF ALL ASSOCIATED FEES FOR
ANTIQUE TRACTOR SHOW
Management Assistant Hobson addressed Council stating City resident Darick
Franzen has asked permission to host an antique tractor, truck and construction
equipment show on the grounds of Petersen Farm on October 29, 2005.
The event would run from 9:00 am to 5:00 p.m. In addition to the exhibition, Mr.
Franzen would like to include a petting zoo, raffle, and pumpkin sales as part of the event.
No alcohol would be served at the event. A $2.00 admission fee would be charged at the
gate with the proceeds going to the FISH Food Pantry of McHenry. Because this event
benefits a charity Mr. Franzen is requesting Council consider waiving the park usage fees.
Mr. Hobson noted that as part of the event, the Landmark Commission would set up
a tent with displays on the house and the farm, including selected antique items from the
house and photographs of the original farmstead.
Staffs' concern regarding the event is that parking would be in the hay field on the
south side of McCullom Lake Road, which would necessitate pedestrians walking across
McCullom Lake Road to attend the event. Staff suggests providing two police officers for
traffic control during event hours. Mr. Hobson noted the event is being held on the same
day as the Wonder Lake Ski Team's Haunted Hayride. However, the hayride does not
begin until 7:00 p.m.
Additionally, Mr. Franzen is seeking Council's approval to place a sign outside of
the farm, adjacent to McCullom Lake Road, in an effort to call attention to the event. The
sign would be approximately 4' x 8' in size and would be double-sided to notify both east
o
August 29, 2005
Page 3
and westbound vehicular traffic of the event.
Alderman Santi verified there would be no conflict between the Antique Tractor
event and the Haunted Hayride event.
Alderman Glab requested confirmation that all proceeds from the event would go to
the FISH Food Pantry.
Alderman Murgatroyd opined he supports the Landmark Commission's exhibit at the
event.
Alderman Condon indicated her support of the event as an asset for the community.
She requested confirmation from Police Chief O'Meara regarding sufficient manpower for
the event and inquired about who would be responsible for the cost of the police officers'
time. Mr. Hobson assured Alderman Condon that he would research the matter and it
would be resolved prior to the event.
Motion by Santi, seconded by Schaefer, to accept Staffs recommendation to
approve a request for use of Petersen Historic Farm on Saturday, October 29, 2005 for an
antique tractor, truck and construction equipment show; and to waive the park usage and
sign permit fees for the event.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
USE OF PETERSEN PARK FOR ANNUAL COUNTRY MEADOWS CRAFT SHOW
Management Assistant Hobson informed Council the McHenry Area Chamber of
Commerce has requested use of Petersen Park on Sunday , September 18, 2005, during
the hours of 5:00 a.m. to 4:00 p.m. for the 13'h annual Country Meadows Craft Show.
Additionally, to assist in advertising the event, the Chamber is proposing to install a
number of campaign style apple-shaped signs in the City right-of-way from September 3,
2005 through September 19, 2005. Mr. Hobson noted the signs would be removed on
September 19, 2005 from the designated sites.
The Chamber is requesting that Council consider waiving all associated fees for the
event. However, Staff opined the $200 park use fee, plus a refundable $100 deposit and
$30 sign permit is not unreasonable, relative to the impact regarding park use and
signage.
Responding to Alderman Condon's inquiry regarding police presence during the
event, Police Chief O'Meara responded that no police presence has been required at past
events.
Alderman Glab requested the signs designated to be posted at the entrance at
Petersen Park not be posted at the site until September 17, 2005, as they would present a
August 29, 2005
Page 4
distraction.
Motion by Murgatroyd, seconded by Wimmer, to accept Staffs recommendation to
approve a request for use of Petersen Park on September 18, 2005 for the annual Country
Meadows Craft Show and to allow use of temporary signs subject to the following:
• Payment of a $200 fee for park usage, plus a refundable $100 deposit and a $30
fee for a sign permit;
• The two signs at the entrance of Petersen Park will not be installed and displayed
until September 17, 2005; and additional signs will be displayed as follows, from
September 3, 2005 through September 19, 2005:
0 1, Crystal Lake Road at Ace Hardware
0 1, Crystal Lake Road and Main Street, Portable Tools
0 1, Route 120 and Route 31, George R. Justen & Son Funeral Home
0 1, Route 31 and Pearl Street, First Midwest Bank
0 1, McCullom Lake Road and Riverside Drive
0 1, Route 31 and McCullom Lake Road, LaSalle Bank
0 1, Route 31 North, Chili's
0 1. Route 31 North, Fifth Third Bank
0 2, Route 31 and McCullom Lake Road, WalMart
0 1, Route 120 and Ringwood Road, Amoco
0 1, Route 120 and Ringwood Road, Illinois State Bank
0 1, Route 120, Linchpin Financial Group
0 1, Route 120, R. A. Adams
0 1, Route 120 and Chapel Hill Road, Riverside Chocolate Factory
0 1, Lincoln Road and Chapel Hill Road
o 1, Charles Miller Road and Green Street
0 1, Route 31 and Bull Valley Road
0 1, Route 31 and Prime Parkway, Home State Bank
0 1, Route 31 and Albany Street, Wm. Tonyan & Sons
0 1, Route 31, Amcore Bank
0 1, Crystal Lake Road and Bull Valley Road, Church of Holy Apostles
0 1, Route 31, Gattone Pharmacy
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR MINOR VARIANCE - RUSS MICKLINGHOFF, 4214 W. CRYSTAL LAKE
AVENUE
Director of Community Development Napolitano informed Council the applicant,
Russ Micklinghoff of 4214 West Crystal Lake Road, is requesting a minor zoning variance
to allow a shed larger than 300 square feet on his property. Mr. Micklinghoff is proposing
to construct an addition onto an existing 160 square foot shed. The new addition would
increase the size to 416 square feet. The Applicant intends to continue to use the shed for
a woodworking studio and storage.
August 29,-2005
Page 5
Director Napolitano stated the Zoning Code considers sheds as Accessory
Buildings. Every single-family lot is allowed a shed up to 300 square feet in area with a
*-- total of two Accessory Buildings, not to exceed 1,000 square feet in area. The Applicant's
request would not be detrimental to the neighborhood. Director Napolitano noted the
Planning and Zoning Commission at a Public Hearing held on August 4, 2005 unanimously
recommended approval of the request.
Motion by Glab, seconded by Peterson, to accept the unanimous recommendation
of the Planning and Zoning Commission to approve an ordinance granting a minor
variance to allow the construction of a shed in excess of 300 square feet on the property
located at 4214 West Crystal Lake Road.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried. ,
REQUEST FOR SIGN VARIANCE, BP CONNECT FUEL STATION, 508 S. ROUTE 31
Director Napolitano reiterated in July 2000 a variance was granted to allow
additional signage at the White Hen Express located at 508 S. Route 31. Council
approved a total of 5 wall signs totaling 222 square feet. In late 2003 the White Hen
Express was converted to a BP Amoco fuel station and wall signs were changed to reflect
the BP logo.
BP is redesigning their stores to add the Wild Bean Cafe, which will offer coffee,
sandwiches and similar food items. The following wall signs are proposed:
"Wild Bean Cafe"oval. 11.6 square feetOne each on west and south elevations
Changeable Poster Panels 14.8 square feetTwo each on west and south elevations
Staff has no concerns allowing the two additional wall signs for the Wild Bean Cafe.
The signs are minimal in size and would provide identification. However, Staff expressed
concern regarding the proposed changeable poster panels. While desirable for marketing
purposes, Staff has issues with the size and appearance; and believes they detract from
the appearance of the building. Staff does not support allowing the changeable poster
panels.
Alderman Wimmer supported Staffs suggestions indicating he is not in favor of
changeable signs at all.
Alderman Condon, Alderman Santi, Alderman Murgatroyd and Alderman Schaefer
stated they concur with Staffs recommendations.
1
a'
August 29, 2005
Page 6
Motion by Wimmer, seconded by Condon, to accept Staffs recommendation to ^—
approve a variance to allow two additional wall signs as follows:
"Wild Bean Cafe"oval. 11.6 square feetOne each on west and south elevations
Changeable Poster Panels 14.8 square feetTwo each on west and south elevations
for the BP Fuel Station located at 508 State Route 31, as requested, and to deny the
requested changeable poster panels.
Voting Aye: Santi, Murgatroyd, Wimmer, Condon.
Voting Nay: Glab, Schaefer, Peterson.
Absent: None.
Motion carried.
REQUEST FOR SIGN VARIANCE, LIBERTY SQUARE RETAIL CENTER, ROUTE 31 AT
SHAMROCK LANE
Director Napolitano informed Council that Applicant Angelo Tourlis, owner of the
Liberty Square Retail Center located at the southwest corner of Route 31 and Shamrock
Lane, has requested approval of a variance to allow additional wall signage on his
building. Mr. Tourlis is proposing to install seven wall signs on the rear fagade of the retail
building. Each sign would be of identical size, 18" x 10 feet (15 sf in area) and would
identify each of the tenants in the seven occupied retail spaces. Mr. Toulis has informed
Staff that the existing tenants have complained that there is a lack of visibility from Route
31 and suggests the proposed signs would help the merchants.
Director Napolitano stated that pursuant to the City's sign regulations, each tenant
is allowed one wall sign having 1.5 sf. per 1 foot of building frontage. Staff recognizes the
need for adequate identification for retail users, however, Staff believes there is adequate
space for tenant identification on the free-standing sign for northbound Route 31 traffic.
Staff is recommending the request for additional signs on the building be denied..
Ms. Penny Hughes of Hughes Signs addressed Council. She stated that the
tenants believe the lack of signage contributes to difficulty in renting space in the building.
Mr. Gerhard Steffan, the tenant at Fantastic Sams, explained to Council that tenants
in the building have no exposure. He opined the requested signs are tasteful and would
present no impact.
Alderman Murgatroyd stated this matter has been discussed on numerous
occasions. The monument sign was erected to create visibility from Route 31.
Alderman Peterson opined he has no problem with signs on the rear of the building,
with the exception of the sign advertising space available. ---
Alderman Condon opined signage at the rear of the building is inappropriate.
August 29, 2005
Page 7
Motion by Glab, seconded by Peterson, to accept Staffs recommendation to deny
the request for additional wall signs on the Liberty Square Retail Center building.
Voting Aye: Glab, Schaefer, Murgatroyd, Wimmer, Condon.
Voting Nay: Santi, Peterson.
Absent: None.
Motion carried.
ORDINANCE AUTHORIZING THE ANNEXATION AGREEMENT ANNEXATION
ZONING MAP AMENDMENT, CONDITIONAL USE PERMIT AND PRELIMINARY PLAT
APPROVAL FOR THE OAKS OF IRISH PRAIRIE
Director Napolitano reiterated at the August 1, 2005 meeting Council reviewed the
revised plans and Annexation Agreement for the proposed Oaks of Irish Prairie
development presented by Town and Country Homes. Town and Country Homes made
changes to their plans eliminating lot line conflicts, providing community-style fencing
standards and increasing landscaping along Barreville Road pursuant to suggestions from
Council. Additionally, Town and Country Homes has addressed the following concerns
expressed by Council:
• Parking at the Community Center has been increased from 10 spaces to
21 spaces; and
• Permit limitations would be issued as follows: 55 for Year 1, 65 for Year
2; and 70 for Year 3 and later. Based upon these numbers Staff indicated
the last building permit for a new home in the subdivision would not be
issued until 2011 or later.
Alderman Wimmer stated he is impressed with the thoroughness Town and Country
Homes has exhibited throughout the process. He opined the project would be unique to
the City. Alderman Condon concurred with Alderman Wimmer. Alderman Santi expressed
appreciation for the developer's adjustments and indicated he is comfortable with the
development.
Alderman Peterson opined he would still like to see more open space..
Alderman Glab opined the number of permits issued annually could still be lowered.
Motion by Wimmer, seconded by Santi, to approve an ordinance authorizing the
Mayor and the City Clerk's execution of an Annexation Agreement between the City of
McHenry and Town and Country Homes for the Oaks of Irish Prairie.
Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Condon, Low.
Voting Nay: Glab, Peterson.
Absent: None.
Motion carried.
August 29, 2005 ,
Page 8
Motion by Wimmer, seconded by Schaefer, to approve an ordinance annexing the
Budreck Property, the Oaks at Irish Prairie, comprised of approximately 200 acres.
Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Condon, Low.
Voting Nay: Glab, Peterson.
Absent: None.
Motion carried.
Motion by Murgatroyd, seconded by Wimmer, to approve an ordinance granting a
Zoning Map Amendment to IDD Integrated Design District and granting a Conditional Use
Permit for a planned residential development for the Oaks at Irish Prairie.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon.
Voting Nay: Peterson.
Absent: None.
Motion carried.
Motion by Wimmer, seconded by Schaefer, to approve an ordinance approving the
Preliminary Plat of the Oaks at Irish Prairie.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon.
Voting Nay: Peterson.
Absent: None.
Motion carried.
FINAL PLAT OF RE-SUBDIVISION FOR A PORTION OF LOTS 1. S. 9 AND 10 IN
MEIJER/HOME DEPOT SUBDIVISION
Director Napolitano explained there was an oversight during the original subdividing
process of the Meijer/Home Depot Subdivision. The oversight was discovered by Meijer
Stores when they found they were paying taxes on parcels they did not own.
The Petitioner is requesting approval of the Final Plat of Re-Subdivision of part of
Lots 1, 8, 9 and 10 in the Meijer/Home Depot Subdivision. The Plat of Re-Subdivision is
necessary to create an additional lot, which would be dedicated to IDOT as a right-of-way
for Route 31 and its intersection with Blake Boulevard for roadway improvements. Director
Napolitano noted this was overlooked when the property was originally subdivided. He
stated the proposed re-subdivision would have no impact on the existing users. The
Planning and Zoning Commission at a Public Hearing held on August 4, 2005
unanimously recommended approval of the Final Plat of Re-Subdivision of Parts of Lots 1,
8, 9 an 10 in the Meijer/Home Depot Subdivision.
Responding to Alderman Glab's inquiry, Bob Wegener of Smith Engineering
Consultants, explained that the State has total jurisdiction over any intersection.
August 29, 2005
Page 9
Motion by Schaefer, seconded by Santi, to accept the unanimous recommendation
of the Planning and Zoning Commission to approve the Final Plat of Re-Subdivision of
Parts of Lots 1, 8, 9 an 10 in the Meijer/Home Depot Subdivision, subject to the Plats being
recorded within six month's of Council approval..
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 13 REDUCING THE SPEED
LIMIT ON CURRAN ROAD TO 35 MILES PER HOUR
Director of Public Works Marcinko informed Council that prior to renaming a portion
of Draper Road, from Illinois Route 120 south to Curran Road, the Curran Road speed limit
was 35 mph. The existing ordinance states that the entire length of Curran Road is 40
mph. Consequently, once the City approved the renaming of Draper Road to Curran Road
the entire length of Curran Road changed to 40 mph.
The City has received numerous requests from residents of the Glacier Ridge
Subdivision to change the speed limit along Curran Road to 35 mph. Staff contacted the
Police Department to tabulate accident data for Curran Road. Based upon the data
provided and observations from site visits, Staff recommends decreasing the speed limit
along Curran Road from Illinois Route 120 south to the City limits back to 35 mph. Director
--' Marcinko informed Council the Public Works Committee voted unanimously in favor of
restoring the speed limit to 35 mph.
Motion by Murgatroyd, seconded by Condon, to accept the recommendation of the
Public Works Committee, to approve an ordinance amending the Traffic Control Ordinance
changing the speed limit on Curran Road to 35 mph.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
ENGINEERING SERVICES AGREEMENT WITH SMITH ENGINEERING CONSULTANTS
INC. FOR 2005 STREET PROGRAM IN AN AMOUNT NOT TO EXCEED $13,500 AND
REQUEST TO ADVERTISE FOR BIDS
Director Marcinko informed Council the FY 2005/2006 Budget includes $250,000 for
a street resurfacing program. At the June 5, 2005 Public Works Committee the topic of
which streets to include in the resurfacing program was discussed. The consensus of the
Committee was to recommend resurfacing Abbington, Cambridge and Sandburg Drives,
unless funding is not sufficient to cover the cost. Resurfacing on the three recommended
streets is expected to amount to $293,278 for construction alone.
t
Staff requests approval pursuant to the Public Works Committee recommendation to
resurface Abbington, Cambridge and Sandburg Drives, at the estimated cost of $293,276
t
August 29, 2005
Page 10
and to approve an Engineering Services Agreement with SEC for the engineering design
work for the resurfacing program, in an amount of$13,500.
Responding to Alderman Condon's inquiry regarding whether Pin Oak and
Tamarack would be first in line for resurfacing next year, Director Marcinko responded
these streets would be brought to Council's attention in the next resurfacing program.
Alderman Murgatroyd stated he is anxious to move forward with the project, but has
reservations pending receipt of the bids.
City Administrator Maxeiner cautioned Council that the project involves resurfacing
of the streets and not reconstruction.
Motion by Wimmer, seconded by Condon, to approve the Public Works Committee
recommendation to resurface the streets listed in Option No. 1, including Abbington,
Cambridge, and Sandburg Drives, for an estimated cost of $293,278 and to approve an
Engineering Services Agreement with SEC for the engineering design work for the
resurfacing program in an amount of$13,500.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None. .—
Motion carried.
MAYOR— STATEMENT AND REPORT
Mayor Low had no statement or report.
COMMITTEE REPORTS
There were no Committee Reports.
STAFF REPORTS
Director of Parks and Recreation Merkel announced that the legislative grant, in the
amount of $100,000, has been received for the Fox Ridge Park Ball Fields. The project
can now be closed out.
FUTURE AGENDA ITEMS
There were no future agenda items discussed.
EXECUTIVE SESSION: PROPERTY ACQUISITION
Motion by Condon, seconded by Murgatroyd, to adjourn to Executive Session to
discuss Property Acquisition at 8:30 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
August 29, 2005
Page 11
Executive Session convened at 8:39 p.m.
-- Motion by Wimmer, seconded by Santi, to return to Open Session at 9:06 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None. '
Absent: None.
Motion carried.
Council went back into Open Session at 9:06 p.m.
ADJOURNMENT
Motion by Santi, seconded by Wimmer, to adjourn the meeting at 9:06 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
The Meeting was adjourned at 9:06 p.m.
MAYOR ITY CLER
i ,