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HomeMy WebLinkAboutMinutes - 06/04/2007 - City Council REGULAR MEETING JUNE 40 2007 A Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, June 4, 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 Parks and Recreation Merkel, Director of Finance Black. 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 Motion by Wimmer, seconded by Schaefer, to approve the Consent Agenda as amended: A. Request to advertise for bids for Public Works Water Division compact excavator; B. Final pay request for SWWTP improvements —Williams Brothers Construction in the amount of$322,777.95; C. Reduction in Letter of Credit for Patriot Estates Phase II for $570,004.29; D. Purchase of 2008 International Dump Truck through State of Illinois Joint Purchase — Public Works Sewer Division, in the amount not-to-exceed $61,877; and authorize the purchase and installation of dump truck body equipment from R.A. Adams in the amount not-to-exceed $30,498; E. Purchase of two 2008 International Dump Trucks through State of Illinois Joint Purchase — Public Works Street Division, in the amount not-to-exceed $100,272; F. Ordinance accepting Plat of Dedication of Borden Street; G. Special Use/Picnic Permits; H. City Council Minutes: May 21, 2007 regularly scheduled meeting. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. FENCE VARIANCE— 1909 KENNEDY DRIVE Director of Community Development Napolitano stated the resident at 1909 Kennedy Drive, Corrine Kasper, has requested a variance to allow the installation of a 64" high wood lattice-topped fence along her Riverside Drive property line. The applicant has a corner lot with frontage on both Riverside Drive and McCullom Lake Road. The request would afford the applicant a buffer from noise and traffic along Riverside Drive and provide a safer backyard environment for her children. Staff has reviewed the site and supports the request. June 4, 2007 Page 2 Alderman Santi inquired if the fence would be located on the far west property line. Director Napolitano responded the fence would be installed approximately twelve inches from the inside edge of the sidewalk. Alderman Glab stated if Riverside Drive is widened in the future, the fence might impact sight lines. He requested verbiage in the motion addressing the possible Riverside Drive roadway expansion and/or improvements. Motion by Santi, seconded by Schaefer, to accept Staffs recommendation to approve a fence variance for the property owner of 1909 Kennedy Drive to allow the installation of a 5'4" high wood lattice-topped fence along the Riverside Drive property line. Alderman Glab requested, prior to his vote on the matter at hand, clarification regarding his request to add verbiage about future road improvements to the language of the motion. Mayor Low stated it was not Council practice to amend a motion in the middle of a vote on it. Alderman Glab stated he would then have to vote no on the request. Vote on the motion continued as follows: r` Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. TEMPORARY USE PERMIT TO ALLOW CLOTHING COLLECTION BOXES ON COMMERCIAL PROPERTY In attendance was Mr. Rasham Grewal of U'SAgain. Director Napolitano noted a request was received from applicant U'SAgain seeking permission for a temporary use permit to allow placement of clothing collection boxes on commercial property in the community. The applicant collects used clothing and shoes for reuse and recycling. The applicant is proposing to install five collection boxes on commercial property in the City, although the exact property locations have not yet been determined. Staff has reviewed the request and has concerns regarding the maintenance of the boxes and the frequency of collection. It is Staffs recommendation to approve the temporary use for a six-month period to allow for reevaluation and further action by Council at that time. Alderman Murgatroyd inquired if U'SAgain was a for-profit organization. Mr. Grewal responded it is a profit-making organization. Alderman Murgatroyd expressed concerns regarding unsightliness if items were not collected on a regular basis. Alderman Murgatroyd stated he does not want the residents to get the impression they are making a June 4, 2007 Page 3 charitable donation. He further stated he tends to be opposed to the installation of the collection boxes. Alderman Wimmer concurred with Alderman Murgatroyd. Alderman Peterson did internet research regarding the firm and does not believe the installation of the collection boxes would harm local establishments. Alderman Peterson noted he does not have any major concerns regarding the proposal. Alderman Condon expressed concern that the specific locations are not identified. She concurred with Aldermen Murgatroyd and Wimmer. Alderman Condon noted she has concerns regarding the aesthetics of the collection sites and stated she can not support them at this time. Alderman Santi concurred with Aldermen Murgatroyd, Wimmer and Condon. He stated he does not feel comfortable with the presentation. Alderman Glab inquired how this matter was addressed in City ordinance. Director Napolitano responded it is being considered as a temporary use. Alderman Glab concurred with other Council members but would be open to trying the collection boxes in a couple of locations but with application of more stringent guidelines. Alderman Schaefer stated Council has addressed his concerns regarding the request. He noted he would have preferred the exact locations to be cited on the request. Mr. Grewal addressed Council noting the EPA has estimated that 85% of used clothing and shoes end up in landfills. U'SAgain encourages recycling. The company advertised clearly what types of items are accepted. Pickups are done seven days per week. Mr. Grewal noted in case of overflow, the property owner can contact a company representative by cell phone and an additional pickup could be arranged. Mr. Grewal also noted the company has connections with recycling companies to divert items which are not acceptable. Mr. Grewal stated a toll free phone number is printed on every box. Mayor Low stated the obvious concern is the potential for littering and unsightly messes at collection sites. Also an issue was the lack of knowledge about where the sites would be located. Mayor Low opined the community has stores locally where money generated from the resale of merchandise is recycled back to the community. Alderman Peterson stated his belief there is a niche for this type of business and would like to see an offer of six months extended to the applicant. Alderman Glab requested the matter be referred to the Community Development Committee for consideration and discussion. ti Alderman Condon stated she could not support this proposal without knowing the sites of the collection boxes. If, as suggested by City Attorney McArdle, the applicant June 4, 2007 Page 4 secured letters of recommendation from local charitable organizations currently providing this service to the community, it is possible this endeavor could be supported. Alderman Schaefer stated he could not vote in favor of the request at this time, but would reconsider the proposal in the future is some of Council's questions and concerns were addressed. Motion by Murgatroyd, seconded by Wimmer, to approve Staffs recommendation to allow a temporary use permit for a period of six months at five commercial sites in the City to allow placement of collection boxes for used clothing and shoes as requested by U'SAgain; and that the matter be reviewed in six months following Staff monitoring of site maintenance and collection regularity of the boxes. Voting Aye: Glab, Peterson. Voting Nay: Santi, Schaefer, Murgatroyd, Wimmer, Condon. Absent: None. Motion failed. SIGN VARIANCE TO INSTALL A FREE-STANDING SIGN — R.A. ADAMS ENTERPRISES, 2600 WEST ROUTE 120 Director Napolitano stated a request for sign variance was received from Marybeth Adams, President of R. A. Adams Enterprises located at 2600 West Route 120. The request is to install a new freestanding sign which would replace two existing freestanding signs that will be removed. The proposed sign is approximately 168 square feet in area and 25' tall. Approximately 40 square feet of the new sign would be electronic message board. Director Napolitano stated if the variance is approved the total number of freestanding signs on the premises would be reduced from three to two and the total area of freestanding signs on the property would be 200 square feet. It is Staffs recommendation to approve the request. Alderman Wimmer noted the proposed sign is a good looking sign. Alderman Condon opined the electronic message displays are distracting, but it is allowed so she would support the request. Alderman Glab inquired about what signage is allowed by ordinance. Director Napolitano stated the applicant is allowed one freestanding sign with a maximum area of 200 square feet and 15 feet in height. Electronic message boards are allowed but cannot exceed 33% of the overall sign area. Director Napolitano stated the variance is needed to permit two freestanding signs and to allow for a height of 25 feet for the new sign. Alderman Murgatroyd opined the installation of the new sign and removal of two r existing signs would be a great improvement to the premises. June 4, 2007 Page 5 Motion by Wimmer, seconded by Santi, to accept Staffs recommendation to grant a sign variance to R. A. Adams Enterprises located at 2600 West Route 120, to allow a new freestanding sign having an area of 168 square feet and a height of 25 feet; and that said sign will replace two existing freestanding signs which will be removed. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. AUTHORIZATION TO SCHEDULE A PUBLIC HEARING TO CONSIDER AMENDMENT TO THE OAKS AT IRISH PRAIRIE ANNEXATION AGREEMENT (BUDRECK PROPERTY) In attendance was Michael LeMont, Vice President of Town and Country Homes. Director Napolitano stated the Oaks at Irish Prairie Annexation Agreement, relative to the Budreck Property, was approved by Council in 2005. The Agreement provided for the rezoning upon annexation to Integrated Design District and a conditional use permit to allow the construction of a planned residential community. At that time the applicants, Town and Country Homes, planned to construct a clubhouse on a portion of the property devoted to open space. The clubhouse was incorporated into the IDD plans approved as part of the Annexation Agreement. Director Napolitano stated since development of portions of the subdivision has begun, home buyers are indicating they do not want to pay the required monthly assessment needed for maintenance of the clubhouse. Town and Country Homes is now requesting the Annexation Agreement be amended to delete the requirement of the construction of the clubhouse. It is Staffs recommendation that, if the clubhouse is removed from the plans, the applicants should provide a cash contribution in the amount of $500/unit payable at the time the building permit is issued. This would result in approximately $200,000 in lieu of the clubhouse being constructed. Director Napolitano noted since the request requires modification of the Annexation Agreement, a public hearing should be set to hear public comment and questions regarding the proposed amendment. Staff is suggesting the public hearing be set for July 9, 2007. Alderman Peterson inquired if the property would remain open space. Director Napolitano responded in the affirmative. Alderman Condon expressed her frustration with the developer at the amount of time spent discussing the clubhouse, required parking, etc. Alderman Santi concurred with Alderman Condon. Alderman Glab asked how many properties have been sold to date. Mr. Michael LeMont responded approximately thirty contracts have been written but no deeds have June 4, 2007 Page 6 been conveyed. Mr. LeMont requested a later date be set for the Public Hearing. ~` Alderman Glab requested the Public Hearing be set before the end of August. City Attorney McArdle stated the date of the Public Hearing does not have to be specified in the motion to direct Staff to hold a Public Hearing to discuss the annexation agreement. Motion by Peterson, seconded by Santi, to direct Staff to schedule a Public Hearing to hear public comment and questions regarding the proposed amendment to the Oaks at Irish Prairie Annexation Agreement relative to the Budreck Property. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 19, SOLICITORS AND TRANSIENT MERCHANTS Director Napolitano stated the Community Development Committee has reviewed in depth the City's existing Chapter 19 of the Municipal Code which provides regulations and requirements for soliciting and peddling. As a result of the Committee's discussions and resulting recommendation, proposed ordinance changes would regulate solicitation by not- for-profit organizations and peddling by transient merchants and businesses. The ordinance modifications provide for twelve transient merchant (peddler's) licenses per year - including ten transient merchant licenses at specific locations on the City's Riverwalk. Director Napolitano noted the Riverwalk peddler's licenses would be renewable annually. The two at-large peddler's licenses would be on a first-come first-served basis and would be granted for only thirty days. Alderman Condon commended Director Napolitano and Staff for their efforts in revamping the solicitor's/peddler's ordinance. She noted the Community Development Committee is aware the ordinance is a work in progress. The Committee attempted to be proactive in preparing the way for Riverwalk vendors. Alderman Santi concurred with Alderman Condon. Alderman Glab suggested the ordinance should be more restrictive regarding the size of the vendor's cart. Alderman Schaefer stated the Committee did a good job and suggested existing businesses in close proximity to the Riverwalk should be given first choice at vendor sites. Alderman Glab stated he would like to see the ordinance tabled until loopholes and issues are resolved. i Motion by Condon, seconded by Schaefer, to accept the recommendation of the Community Development Committee to approve an ordinance providing for modifications to Chapter 19 of the City's Municipal Code, relating to solicitors and transient merchants/peddlers, subject to City Attorney McArdle's review and approval. June 4, 2007 Page 7 Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. MAYOR— STATEMENT AND REPORT Mayor Low announced she had the pleasure of attending the groundbreaking for the new fire station on Dartmoor Drive on Saturday, June 2, 2007. Mayor Low noted the entire Johnson Family was in attendance. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS Assistant City Administrator Hobson announced the season's first Farmer's Market and City Band Concert would be held on Thursday, June 7, 2007. The Farmer's Market is from 4 p.m. until 7:30 p.m. and the Band Concert is at 7:30 p.m. Assistant City Administrator Hobson announced the annual Lion's Club Carnival is scheduled for June 6-e at Petersen Park. The Pioneer Center Fish Boil will be held on Saturday, June gh from 3 p.m. until 9 p.m. at Petersen Park Beach. City Administrator Maxeiner announced Sergeant Brian McKeen was sworn in this afternoon. He will be introduced to Council at its June 11, 2007 regularly scheduled meeting. FUTURE AGENDA ITEMS Alderman Glab requested the "Welcome to McHenry" south Route 31 sign on the east side of the road should be located further south. City Administrator Maxeiner responded all "Welcome to McHenry" signs will be addressed comprehensively in the near future. Alderman Glab noted as he was coming to the meeting this evening he noticed a ridge in Municipal Drive. He suggested a stop sign should be considered for individuals entering from the east. Alderman Glab stated he noticed illegal parking on the road adjacent to Fox Ridge Park. Alderman Glab, referencing the terms of the Boone Creek Annexation Agreement, requested Staff research the terms regarding the property designated for School District 15 coming back to the City if not utilized by the district for a school site. a. June 4, 2007 Page 8 EXECUTIVE SESSION: PROPERTY ACQUISITION AND PERSONNEL Motion by Wimmer, seconded by Condon, to go into Executive Session to discuss Property Acquisition and Personnel at 8:32 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 8:40 p.m. Motion by Glab, seconded by Wimmer, to go back into Open Session at 9:05 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 9:05 p.m. OPEN SESSION: MATTERS DISCUSSED IN EXECUTIVE SESSION Motion by Condon, seconded by Wimmer, to accept Staffs recommendation to offer Jon Schmitt the position of Director of Public Works at Grade 25, Step 5, in the amount of $86,999, effective June 18, 2007. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ADJOURNMENT Motion by Wimmer, seconded by Condon, 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 CITY C R