HomeMy WebLinkAboutMinutes - 10/20/2008 - City Council REGULAR MEETING
OCTOBER 20, 2008
A Regular Meeting of the McHenry City Council was called to order by Mayor Low at
7:30 P.M. on Monday, October 20, 2008 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 Clerk Jones, City Attorney McArdle, Deputy City Administrator
Martin, Assistant City Administrator Hobson, Director of Finance Black.
INTRODUCTION
Mayor Low introduced and welcomed Giacomo Pellegrino, Alderman Condon's
cousin, who is visiting the United States from Belluno, Italy.
PRESENTATION: MCHENRY AREA CHAMBER OF COMMERCE
In attendance were McHenry Area Chamber of Commerce Executive Director and
CEO Kay Bates, Chamber President from Gary Lang Autogroup Dixie Gilmore, and Sue
Dobbe of Dobbe Marketing and PR.
Ms. Gilmore summarized the purpose of the informational video presented to
Council for their review and comment. Ms. Gilmore stated the purpose of the video is to:
1) "Sell McHenry" to national organizations viewing the community for future
expansion;
2) Provide an inducement for small businesses to build McHenry's downtown and
redevelop the West Elm Street area;
3) Provide a tool for Chicagoland and area influencers such as commercial brokers,
realtors, bankers, corporate developers, commercial lenders, corporate contractors,
and developer attorneys to promote McHenry;
4) Inspire pride in McHenry from those finding the area a great place to work and play,
as well as those looking to make McHenry their home.
Ms. Gilmore noted there will be a VIP showing of the video at the Shah Center on
November 12, 2008 at 4:30 p.m. She encouraged all to attend.
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 Condon, seconded by Santi, to approve the Consent Agenda as
presented:
A. Annual Toys for Tots Parade and Downtown Christmas Walk;
B. Temporary advertising signs for Parks and Recreation events;
C. List of Bills:
A-ABLE ALARM SERVICE INC 148.00
ACE HARDWARE, BJORKMAN'S 58.49
ADAMS STEEL SERVICE INC 40.59
AMCON DESIGN & CONSTRUCT 225.00
AT&T 2,820.66
BERKHEIMER CO INC, G W 636.79
BOTTS WELDING & TRUCK SE 170.86
October 20,2008
Page 2
BUSS FORD SALES 185.01
CARQUEST AUTO PARTS STOR 1,310.78
CDW GOVERNMENT INC 332.05
CENTEGRA OCCUPATIONAL ME 2,460.27
CENTURY SPRINGS 113.15
CHAPEL HILL FLORIST INC 173.00
CINTAS CORPORATION #355 1,326.25
COMED 416.90
CONNEY SAFETY PRODUCTS 114.87
CONSERV FS 1,653.03
CRESCENT ELECTRIC SUPPLY 2.66
DECKER SUPPLY CO INC 1,757.20
DISCOUNTECHNOLOGY 912.16
DOCUMENT IMAGING DIMENSI 281.38
FIREGUARD OF ILLINOIS IN 62,263.60
FIRST BAPTIST CHURCH 165.00
FOXCROFT MEADOWS INC 91.00
FRY, ROBERT J 790.00
G IMPRESSIONS INC 30.00
GANDOR, MARK 34.10
GLICK, DEBORAH A 16.05
HARM'S FARM 574.25
HARRIS & ASSOC INC, BRUC 1,500.00
HYDRA-STOP INC 272.90
JENSEN, KELLY 8.00
KALE UNIFORMS INC 1,042.00
KDS TECH SERVICES INC 587.50
KIMBALL MIDWEST 787.84
KRUMMET, BILL 2,720.00
LAKESIDE PEST CONTROL SE 100.00
MCHENRY COUNTY RECORDER 329.50
MEADE ELECTRIC COMPANY I 3,759.00
MEYER MATERIAL COMPANY 616.16
MTS SAFETY PRODUCTS INC 99.91
NATIONAL RECREATION AND 530.00
NEXTEL 3,155.51
OTTOSEN BRITZ KELLY COOP 665.00
PENZE, JACQUELINE S 200.00
PETROLIANCE LLC 12,210.54
PETROW, STEPHANIE S 30.00
POOL SPECIALISTS, THE 52.72
SAM'S CLUB 186.20
SEC GROUP INC 11,276.46
SEMROW JR, HARRY H 520.00
SHERMAN BENEFIT MANAGER 55.00
SPRINT 94.59
STEFFAN'S JEWELERS INC 663.00
THOME, BRYAN 18.06
TRAFFIC CONTROL & PROTEC 3,109.96
UNITED PARCEL SERVICE 100.86
USA BLUEBOOK 188.36
VERIZON WIRELESS 88.04
VISU-SEWER OF ILLINOIS L 2,680.00
WASTE MANAGEMENT OF WI P 6,746.50
WATER SOLUTIONS UNLIMITE 5,300.00
ZARNOTH BRUSH WORKS INC 497.00
ZUKOWSKI ROGERS FLOOD & 11,302.50
GRAND TOTALS 150,598.21
FUND TOTALS
GENERAL FUND 52,879.01
DEVELOPER DONATION FUND 698.75
CAPITAL IMPROVEMENTS FUND 62,263.60
WATER/SEWER FUND 20,178.32
RISK MANAGEMENT FUND 232.47
INFORMATION TECHNOLOGY FUND 1,576.45
RETAINED PERSONNEL ESCROW 12,769.61
TOTALS 150,598.21
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
October 20,2008
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REQUEST FOR TEMPORARY USE VARIANCE — 1213 NORTH RIVERSIDE DRIVE
In attendance was Applicant Demos Archos, property owner of 1213 North Riverside
Drive.
Deputy City Administrator Martin stated the Applicant is requesting a temporary use
variance to allow a residential unit on the first floor of his building located at 1213 North
Riverside Drive in the C4 Downtown Commercial District. The building was originally
constructed as a single-family home and has since been converted to a duplex building.
The first floor was previously used as a commercial business. The Applicant has had
difficulty in leasing the first floor to another commercial user. Unaware of the restrictions of
the zoning on the property, the Applicant decided to rent the first floor unit as a residence.
There has been a residential tenant since June 2008. The Applicant is attempting to correct
an oversight by securing a temporary use variance.
Deputy City Administrator Martin noted the petition was heard before the Planning
and Zoning Commission at a Public Hearing held on October 2, 2008. The Commission
recommended denial of the request due to expressed neighbor concerns regarding various
issues of property maintenance. Deputy City Administrator Martin stated Staff is of the
opinion property maintenance issues should not be the basis for denying a zoning petition.
Staff believes the Use Variance request is appropriate subject to a two-year limitation. If
Council concurs, an ordinance has been prepared for Council consideration and approval.
The ordinance includes the following conditions:
1) The applicant shall meet all building and property maintenance code requirements
and secure a Certificate of Occupancy for residential use for the first floor unit;
2) Current property maintenance issues shall be brought into full compliance;
3) All inoperable vehicles shall be removed from the premises;
4) All vehicles shall be parked on an approved parking surface on the premises;
5) Said use variance shall be granted for a two-year time period expiring on June 1,
2010.
Mr. Archos addressed Council stating he has no problem in complying with whatever
is necessary in order to obtain the use variance. He stated he needs the use variance in
order to generate income from the subject property.
Alderman Santi stated he understands the neighbors' concerns. He has spoken with
adjacent property owners regarding the subject property.
Alderman Glab stated he cannot support the request for a use-variance.
Alderman Schaefer noted he is comfortable with granting the request subject to the
inclusion of Staff s conditions. Responding to further inquiry Deputy City Administrator
Martin noted the building permit application is pending regarding the request. If Council
approves the request, a building permit would be issued to allow the conversion of the first
floor unit to a residential use.
Alderman Murgatroyd inquired what would happen if a commercial tenant were
found for the site. Deputy City Administrator Martin responded the building would then have
to be brought into compliance for commercial use, which would also require a building
October 20,2008
Page 4
permit.
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Alderman Wimmer opined it seems as though renovations would be costly to this
property.
Mayor Low recalled that a beauty parlor was previously situated on the first floor and
a family resided on the second floor. Mr. Archos noted the building was originally
constructed as a single-family home.
Alderman Wimmer stated it appears the proposed residential use would be
temporary in nature. He noted a little more work needs to be done, but the applicant has
endeavored to satisfy his neighbors' concerns and issues regarding property maintenance.
Alderman Peterson expressed concerns regarding parking requirements. Mr. Archos
responded the parking issues have been resolved.
Alderman Peterson stated at this point he is undecided, but would not like the
variance to be granted for more than one year.
Alderman Condon concurred with Alderman Peterson, but stated she is more
comfortable with a one-year time period for the use variance.
Mr. Archos stated he would be satisfied with a one-year time limit.
Alderman Santi inquired if closet space is a requirement in a residential dwelling.
Deputy City Administrator Martin responded Director of Construction and Neighborhood
Services Schwalenberg performed a walk-through inspection of the structure. If there is a
requirement, it would have to be met.
Alderman Santi concurred with the suggested one-year term for the use variance.
City Administrator Maxeiner requested clarification as to the use variance expiration date.
Alderman Santi suggested June 1, 2009.
Alderman Glab inquired what would happen after June 1, 2009. City Administrator
Maxeiner responded the matter would have to be reviewed by Council at that time.
Alderman Santi reconsidered and suggested an expiration date of October 20, 2009.
Alderman Peterson noted he could support an expiration date of June 1, 2009 but
would not support an expiration date of October 20, 2009.
Phil Schimke of 1211 North Riverside Drive addressed Council stating he
appreciates that the property owner has cleaned up the property. He questioned whether
there is one apartment or two apartments downstairs on the first level. He stated he is
against the requested use variance, but does understand the economy is difficult. He
expressed concern that a precedent would be established.
Alderman Condon stated she would be comfortable if the conditions of the use
variance specified only one unit could exist on the first level.
October 20,2008
Page 5
Motion by Santi, seconded by Schaefer, to accept Staffs recommendation to pass
an ordinance granting a temporary Use Variance to Demos Archos for his property located
at 1213 North Riverside Drive to allow a first floor residential unit subject to the following
conditions:
1) The applicant shall meet all building and property maintenance code requirements
and secure a Certificate of Occupancy for residential use;
2) Current property maintenance issues shall be brought into full compliance;
3) All inoperable vehicles shall be removed from the premises;
4) All vehicles shall be parked on an approved parking surface on the premises;
5) Said use variance shall be granted for a one-year time period expiring on October
20, 2009;
6) Said use variance shall be limited to only one residential unit on the first floor of the
Subject Property.
Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Condon.
Voting Nay: Glab, Peterson.
Absent: None.
Motion carried.
MAYOR— STATEMENT AND REPORT
Mayor Low announced this week is Character Counts! Week in the City of McHenry.
There will be a Town Hall Meeting on Tuesday, October 21, 2008 at Parkland School from
7 p.m. until 8:30 p.m. The topic is Internet Safety.
Mayor Low also announced it is McHenry Area Youth Commission's Red Ribbon
Week.
Mayor Low reported Chief O'Meara's retirement party is scheduled for Thursday,
October 23, 2008 at the VFW. She asked Council to RSVP to the Administrator's Office.
COMMITTEE REPORTS
There were no Committee Reports.
STAFF REPORTS
City Administrator Maxeiner announced the first day to pick up election packets for
the April 7, 2009 Consolidated Election is Tuesday, October 28, 2009. Election Petition
materials shall be filed in the City Clerk's Office beginning at 8 a.m. on Monday, January
19, 2009 and concluding Monday, January 26, 2009 at 5 p.m.
FUTURE AGENDA ITEMS
Alderman Glab noted campaign signs for the November 4th General Election are
being displayed all over town. He suggested the display of election signs should be limited.
EXECUTIVE SESSION: SALE OF PROPERTY: COLLECTIVE BARGAINING
Motion by Wimmer, seconded by Murgatroyd, to go into Executive Session at 8:10
p.m. to discuss Sale of Property and Collective Bargaining.
October 20,2008
Page 6
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Council went into Executive Session at 8:14 p.m.
Motion by Wimmer, seconded by Glab, to go back into Open Session at 9:02 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
OPEN SESSION REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION
There was no action taken during Open Session regarding matters discussed in
Executive Session.
ADJOURNMENT
Motion by Wimmer, seconded by Condon, to adjourn the meeting at 9:03 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
The Meeting was adjourne at 9:03 p.m.
MAYOR CITY C K