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HomeMy WebLinkAboutMinutes - 09/17/2007 - City Council REGULAR MEETING SEPTEMBER 17, 2007 A Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, September 17, 2007 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, City Attorney McArdle, City Clerk Jones, Deputy City Administrator Martin, Assistant City Administrator Hobson, Chief of Police O'Meara, Director of Community Development Napolitano, Director of Finance Black, Director of Parks and Recreation Merkel, Director of Public Works Schmitt. Absent: None. PUBLIC INPUT SESSION — 10 MINUTE LIMITATION There was no one who signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Alderman Schaefer requested Consent Agenda Item F, Request for Picnic Permit, be removed from the Consent Agenda for further discussion and consideration. Motion by Schaefer, seconded by Condon, to approve the Consent Agenda as amended: A. Request for special event liquor license for the Church of Holy Apostles Annual Fall Festival; B. CALEA General Order Revision C. Ordinance approving various amendments and update to Municipal Code --' Chapter 14; D. Ordinance approving various amendments and update to Municipal Code Chapter 15; E. City Council Minutes: September 10, 2007 regularly scheduled meeting; G. List of Bills: ACCURINT FOR LAW ENFORCE 229.00 ACE HARDWARE, BJORKMAN'S 1,885.49 ADAMS ENTERPRISES INC, R 1,635.22. ALEXANDER LUMBER CO 174.70 AMERICAN HOTEL REGISTER 75.32 ARVIDSON & SONS INC, BEN 1,210.40 B&W CONTROL SYSTEMS INTE 6,024.78 BEACON ATHLETICS 74.75 BIG BROTHERS BIG SISTERS 140.00 BLACK, CHRIS 320.80 BOONE CREEK GOLF CLUB IN 1,145.00 BOTTS WELDING & TRUCK SE 69.00 BULL VALLEY BP 42.00 CAPITAL GAINS INCORPORAT 3,790.00 CARQUEST AUTO PARTS STOR 1,214.15 CDW GOVERNMENT INC 2,667.96 CENTEGRA OCCUPATIONAL ME 874.25 CINTAS CORPORATION #355 758.61 CLIFFORD-WALD 114.84 COLUMBIA PIPE & SUPPLY C 806.22 CONSERV FS 118.13 CONSTELLATION NEWENERGY 29,803.69 COUNTRYSIDE GARDEN CENTE 76.24 CRESCENT ELECTRIC SUPPLY 59.73 CRYSTAL LAKE RADIATOR & 125.00 CURRAN CONTRACTING COMPA 4,500.43 September 17, 2007 Page 2 CUTTING EDGE COMMUNICATI 349.32 D'ANGELO NATURAL SPRING 45.00 DOCUMENT IMAGING DIMENSI 4,814.00 DREISILKER ELECTRIC MOTO 82.00 DURA WAX COMPANY INC, TH 142.40 EAGLE RIDGE RESORT 835.92 ED'S AUTOMOTIVE/JIM'S MU 168.00 FAMILY TAILOR SHOP 21.50 FAST EDDIES CAR WASH 314.75 FINKBINER EQUIPMENT CO I 2,303.30 FISCHER BROS FRESH 941.07 FOLLETT LIBRARY RESOURCE 150.00 FOX VALLEY CHLORINATING 1,486.00 FOXCROFT MEADOWS INC 690.90 FUNK, PAUL D 6.61 GALLAGHER RISK MANAGEMEN 29.00 GASVODA & ASSOCIATES INC 1,418.92 GITZKE, WILLIAM 919.25 GOEBEL, JAN 30.00 GOLD MEDAL PRODUCTS 462.68 GOVERNMENT FINANCE OFFIC 315.00 GROWER EQUIPMENT & SUPPL 9.01 HEFFERAN, JENNI 90.00 HERITAGE-CRYSTAL CLEAN 111.03 HUFFMAN, DAWN 42.17 ILLINOIS SECTION AWWA 100.00 JENSEN'S PLUMBING & HEAT 340.00 JULIE INC 413.95 KALE UNIFORMS INC 448.74 KIMBALL MIDWEST 538.92 KTD INC 146.06 LANG PONTIAC-CADILLAC-SU 12.82 LEACH ENTERPRISES INC 29.92 LOCKER'S FLOWERS 97.00 MARATHON TOWING 25.00 MCCANN INDUSTRIES INC 4,928.00 MCHENRY COMMUNITY HIGH S 9,116.00 MCHENRY COMMUNITY SCHOOL 12,610.00 MCHENRY COUNTY COUNCIL O 56.00 MCHENRY COUNTY RECORDER 507.00 MCHENRY COUNTY SUPPLY IN 816.40 MCHENRY CTY HISTORICAL 500.00 MCHENRY FAVORITE SPORT C 194.90 MCHENRY FIRESTONE 974.00 MCHENRY NAPA 2,092.85 MCHENRY PUBLIC LIBRARY 7,506.50 MCHENRY TOWNSHIP FIRE PR 6,915.50 MEYER MATERIAL COMPANY 37.05 MIDWEST METER INC 155.55 MORRIS, MATT 60.00 NICOR GAS 920.68 NORTH SUBURBAN WATER 30.00 NORTHWEST AUTO ELECTRIC 85.00 NORTHWEST ELECTRICAL SUP 40.61 OCCUPATIONAL FOOTWEAR CO 33.00 OLSEN SAFETY EQUIPMENT C 95.63 ORIENTAL TRADING CO INC 151.49 PAUL, CYNTHIA 180.00 PAYLINE WEST INC 243.69 PEPSI-COLA GENL BOT 553.70 PETROLIANCE LLC 3,226.13 POLARIS DIGITAL SYSTEMS 1,400.00 QUICK, KATHLEEN 77.11 RELIABLE SAND & GRAVEL 1,070.35 RESERVE ACCOUNT 1,500.00 RIDGEVIEW ELECTRIC INC 1,340.00 RIORDAN, BEVERLY 65.00 i RIVERSIDE BAKE SHOP 39.42 ROC CONSTRUCTION SUPPLY 60.00 RUSHING, RHONDA 100.00 S&S WORLDWIDE INC 85.82 SEC GROUP INC 352,303.73 SHERWIN INDUSTRIES INC 2,137.50 SHORE GALLERIES INC 968.60 September 17, 2007 Page 3 SIGNS BY FRY 2,500.00 SIX FLAGS GREAT AMERICA 8,113.10 SPRINT 93.94 STANS OFFICE TECHNOLOGIE 295.00 STAPLES BUSINESS ADVANTA 461.15 SWIFT CO INC, JOHN S 3,254.00 TEAM REIL INC 1,575.00 THREE D DESIGN STUDIO LL 1,715.04 TRAFFIC CONTROL & PROTEC 2,464.92 TRANSCHICAGO TRUCK GROUP 424.16 TURF PROFESSIONALS EQUIP 130.39 ULTRA STROBE COMMUNICAIT 3,090.20 UNITED LABORATORIES 496.88 UNITED PARCEL SERVICE 26.61 USA BLUEBOOK 168.07 VERIZON WIRELESS 511.75 VIKING CHEMICAL COMPANY 1,862.80 WALAT, HOLLY 111.79 WATER PRODUCTS - AURORA 3,898.00 WATER SOLUTIONS UNLIMITE 2,860.00 WITT, CINDY 244.56 ZIEBELL WATER SERVICE PR 922.70 ZMT INC 629.81 GRAND TOTALS 524,893.03 FUND TOTALS GENERAL FUND 67,648.52 ANNEXATION FUND 36,148.00 DEVELOPER DONATION FUND 500.00 CAPITAL IMPROVEMENTS FUND 12,459.75 WATER/SEWER FUND 185,109.38 UTILITY IMPROVEMENTS FUND 210,784.78 RISK MANAGEMENT FUND 280.92 INFORMATION TECHNOLOGY FUND 7,795.66 RETAINED PERSONNEL ESCROW 376.00 POLICE PENSION FUND 3,790.00 TOTALS 524,893.03 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CONSENT AGENDA ITEM F: REQUEST FOR PICNIC PERMIT Alderman Schaefer noted with regard to the request for picnic permit, the application was incomplete as it did not specify the number of beer cases available nor the number of persons attending the event. Assistant City Administrator Hobson responded the request was made to host a family picnic. Additional information can be obtained from the applicant. Alderman Schaefer stated he just wanted clarification. He has no problem approving the request. Alderman Glab stated in the future he would like clarification as to the amount of beer/wine being served at an event prior to Council approval. Motion by Wimmer, seconded by Schaefer, to approve the request for a picnic permit submitted by Kim Galarza to be held on September 22, 2007 at Petersen Park. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. September 17, 2007 Page 4 REQUEST FOR SIGN VARIANCE—4509 WEST ELM STREET In attendance was Mr. Louis Diaz, applicant for a sign variance for the property located a 4509 West Elm Street. Director of Community Development Napolitano stated an application for a sign variance was submitted by Louis Diaz for his property located at 4509 West Elm Street. Mr. Diaz is relocating his businesses from 921 North Front Street to the subject property and intends to use the existing sign to advertise his businesses. Director Napolitano noted the sign is non-conforming and stated the sign regulations amended in 2006 require that "when a business changes, any non-conforming sign shall be brought into compliance with current sign regulations." Director Napolitano stated the sign is non-conforming in the following manner: Advertising area: Allowable Actual 41 sgft 59sgft Changeable message board: Allowable Actual 33%total sign 67%total sign Director Napolitano noted the sign height is in conformance with the ordinance. Director Napolitano stated Staff acknowledges there would be a cost savings for the applicant if the existing sign standard were utilized; however, current sign regulations require that non-conforming signs be brought into compliance when property changes ownership and new signs are sought. Therefore, Staff recommends denial of the requested variance. Motion by Glab, seconded by Murgatroyd, to accept Staffs recommendation to deny the request for a sign variance submitted by Louis Diaz for his businesses located at 4509 West Elm Street Discussion on the Motion: Alderman Glab stated he concurred with Staff s recommendation to deny the request. Mr. Diaz addressed the Council, stating he has been a McHenry resident for 24 years. He stressed the importance of keeping costs down, particularly with regard to small businesses in the community. Mr. Diaz noted the cost between utilizing the existing sign standard and replacing it with a new sign is considerable: Using the current sign, $700; replacing the sign, $3,000-$5,000. Mr. Diaz requested some time, perhaps two to three years, to generate enough income to purchase a sign which would be in conformance with the City's sign regulations. He stressed erecting a new sign at this time would be a hardship. Alderman Murgatroyd asked for clarification as to the existing sign's non-conformity. Director Napolitano reiterated the area of the sign, both for advertising and changeable copy portion, is in non-conformance. September 17, 2007 Page 5 City Attorney McArdle inquired as to the term of the tenant's lease on the subject property. Mr. Diaz responded he has a one-year lease, stating he has the consent of the property owners to utilize the existing sign standard. Alderman Wimmer stated he could agree to a one-year sign variance. Director Napolitano stated Staff would support a one-year variance for the existing sign. Alderman Peterson stated he sympathizes with the applicant and noted he could support a one-year sign variance. Alderman Condon concurred with Alderman Glab's comments regarding conformity, but could support a one-year extension to facility conformity. Alderman Santi opined signs need to conform to the ordinance, but he is comfortable with a 12-month window being extended to the applicant. Alderman Glab stated he could support a one-year sign variance. City Attorney McArdle stated Council could approve the sign variance request subject to two conditions: 1. that the proposed sign is to be removed on a joint and several basis between the owner and tenant prior to 10/1/08, and thereafter replaced with a sign in compliance with the City's sign regulations; and 2. receipt of a waiver of sign non-conformity prepared by the City and signed by the owner and tenant. Alderman Glab withdrew his motion; Alderman Murgatroyd withdrew his second to the motion to deny the request. Motion by Condon, seconded by Glab, to approve a sign variance for the property located at 4509 West Elm Street as submitted by Louis Diaz, subject to the following conditions: 1. that the proposed sign is to be removed on a joint and several basis between the owner and tenant prior to 10/1/08, and thereafter replaced with a sign in compliance with the City's sign regulations; and 2. receipt of a waiver of sign non-conformity prepared by the City and signed by the owner and tenant. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. APPROVE MCHENRY HIGH SCHOOL HOMECOMING PARADE ROUTE Assistant City Administrator Hobson stated he received a request from McHenry High School District 156 to modify this year's Homecoming Parade scheduled for October 12, 2007 at 1:30 p.m. The school has requested a change in the usual parade route which would include staging the parade units at the Knox Park Pool parking lot, heading north on September 17, 2007 Page 6 Green Street and then following the usual route. In former years, the district utilized James Street for staging the parade units. Assistant City Administrator Hobson stated it is Staffs recommendation to approve the request to change the route and permit staging at Knox Park Pool's parking lot. Alderman Condon noted the former staging and parade route facilitated the students being able to walk back to their cars. She opined it would be an awfully long walk for parade participants to walk back to retrieve their vehicles at Knox Park Pool parking lot. Alderman Condon inquired if anyone had investigated how the students could get back to Knox Park. Assistant City Administrator Hobson responded he will speak with the district about securing a bus to shuttle students back to their vehicles. Motion by Santi, seconded by Condon, to accept Staff s recommendation to approve the request from McHenry School District 156 to use Knox Park Pool parking lot for staging the Homecoming Parade on October 12, 2007 and to approve the change in the parade route. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ADDENDUM TO CONTRACT FOR RESTORATION OF SILO ROOFS AT THE PETERSEN HISTORIC FARM — COUNTRY CRAFTSMAN, IN THE AMOUNT OF $7,400 TO INCREASE THE TOTAL CONTRACT COST TO $42,961.07 Deputy City Administrator Martin stated Council approved a contract with Country Craftsman in the amount of$35,561.07 for repairs to the silos at the Petersen Historic Farm at its April 23, 2007 regularly scheduled meeting. Deputy City Administrator Martin noted the City received a Preservation Heritage Fund Grant from the Landmarks Preservation Council of Illinois in the amount of $5,000 for the project. Additionally, State Representative Jack Franks assisted in securing an Illinois Department of Commerce and Economic Opportunity Grant in the amount of $25,000 for the work. At this time work is nearing completion. Deputy City Administrator Martin stated the contractor during the course of doing the work, noticed some issues with the large silo roof. Cost to make the repairs of the roof amount to $7,400. The project overage would be paid from the Parks Developer Donation Funds. It is Staffs recommendation to approve an addendum to the contract with Country Craftsman for an additional cost of $7,400 to increase the total cost of the project to $42,961.07. It was the consensus of Council it was a good time to get the work completed on the silos. Motion by Schaefer, seconded by Murgatroyd, to accept Staffs recommendation to approve an addendum to the contract with Country Craftsman for the repair of the Petersen Historic Farm silos in the amount of $7,400 to increase the total cost of the project to $42,961.07. September 17, 2007 Page 7 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR— STATEMENT AND REPORT Mayor Low encouraged everyone to vote often for the Petersen Historic Farm on the Partnersin Preservation.com American Express website. Mayor Low noted the City has until October 10th to vote for grant funding for the restoration of the Petersen Historic Farm. Mayor Low reminded Council of the Church of Holy Apostles government employees service to be held on Tuesday, September 18, 2007 at 6:30 p.m. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS City Administrator Maxeiner announced the Riverwalk Grand Opening is scheduled for 10 a.m. on Saturday, September 22, 2007 along the Riverwalk near Joey T's Restaurant. City Administrator Maxeiner reported City crews went out this past weekend to pick up signs posted illegally in the right-of-way. FUTURE AGENDA ITEMS Alderman Glab noted the sign ordinance regulations state that a business that closes has six months in which to remove their abandoned sign. He stated the Portable Tool site has been empty for two years and the abandoned sign has not yet been removed. He encouraged Staff to look into the situation. ADJOURNMENT Motion by Santi, seconded by Schaefer, to adjourn the meeting at 8:09 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None, Absent: None. Motion carried. T Meeting was adjour ed at 8:09 p.m. ;' MAYOR CITY 7K