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HomeMy WebLinkAboutMinutes - 09/15/2008 - City Council REGULAR MEETING SEPTEMBER 15, 2008 A Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, September 15, 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, Deputy City Administrator Martin, City Clerk Jones, City Attorney McArdle, Assistant City Administrator Hobson, Director of Finance Black. 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 presented: A. McHenry High School Homecoming Parade Route including temporary intermittent street closures; B. Request for special event liquor license and waiver of $25 license fee — St. Patrick Church Annual Oktoberfest, September 27, 2008; C. Special use/picnic permits; D. City Council Minutes: September 8, 2008 regularly scheduled meeting;. E. List of Bills: ACE HARDWARE, BJORKMAN'S 1,520.58 ACME BRICK & SUPPLY CO 440.00 ACRES GROUP 11,580.00 ADAMS ENTERPRISES INC, R 28.00 ADAMS STEEL SERVICE INC 64.20 ALEXANDER LUMBER CO 4.70 ANDERSON, LORI 193.75 ATS SPORTS 98.76 B&W CONTROL SYSTEMS INTE 2,324.00 BECKER, CASSANDRA L 213.13 BIGGERSTAFF, WENDY 104.00 BOTTS WELDING & TRUCK SE 23.00 CARQUEST AUTO PARTS STOR 1,569.40 CINTAS CORPORATION #355 731.56 COMMUNICATIONS REVOLVING 115.00 CRAFT CONCRETE PRODUCTS 182.25 CRUZ, MICHAEL 43.94 CURRAN CONTRACTING COMPA 1,418.41 D'ANGELO NATURAL SPRING 46.50 DELL MARKETING LP 189.68 DISCOUNTECHNOLOGY 170.66 DIXON CONSTRUCTION GROUP 3,981.62 DREISILKER ELECTRIC MOTO 620.59 DURKIN, MAUREEN 182.00 ED'S AUTOMOTIVE/JIM'S MU 126.00 ED'S RENTAL & SALES INC 35.00 FISCHER BROS FRESH 997.75 FOXCROFT MEADOWS INC 446.48 FRANZEN, TYLER 60.00 GALLS INCORPORATED 100.97 GILLESPIE DESIGN GROUP I 3,000.00 GOLD MEDAL PRODUCTS 220.26 HACH COMPANY 166.30 HUSTLER SPORT CENTER 1,499.00 INNOVATIVE PACKAGING INC 100.00 JENSEN'S PLUMBING & HEAT 1,963.75 KIMBALL MIDWEST 198.07 KIRCHNER FIRE 150.00 September 15,2008 Page 2 KLASEK, BRANDY 67.00 KNOWLES, ERIN 63.00 MCCANN INDUSTRIES INC 471.08 MCHENRY ANALYTICAL WATER 537.50 MCHENRY COMMUNITY HIGH S 10,551.00 MCHENRY COMMUNITY SCHOOL 15,338.00 MCHENRY NAPA 2,269.13 MEADE ELECTRIC COMPANY I 284.41 MEYER MATERIAL COMPANY 96.30 MORITZ, SHERRIE 49.08 MUNIMETRIX SYSTEMS CORP 3,04C.00 NATIONAL CAP & SET SCREW 14.10 NATIONAL READERBOARD SUP 34.46 NORTH EAST MULTI-REGIONA 500.00 O'MEARA, THOMAS 28.26 OLMEM, DENISE 91.00 PEPSI-COLA GENL BOT 204.39 PETERSON, AMY 65.00 PETROLIANCE LLC 4,528.69 PETTIBONE & CO, P F 108.90 PRECISION SERVICE & PART 34.52 R&J CONTRUCTION SUPPLY C 224.20 RADICOM INC 261.84 RADIOSHACK CORPORATION 126.60 RELIABLE SAND & GRAVEL 2,456.75 RIVERSIDE BAKE SHOP 21.19 RUSHING, RHONDA F LANG- 80.00 SCHATZ, ALISON 65.00 SEMROW JR, HARRY H 325.00 SEXTON, ERIC M 57.32 SHAW SUBURBAN MEDIA 230.20 SPRINT 92.61 STAN'S FINANCIAL SERVICE 222.00 STANS OFFICE TECHNOLOGIE 179.00 STONE, TANYA L 79.95 SWIFT CO INC, JOHN S 3,381.00 THOMAS TRUCKING INC, KEN 245.00 USTA 35.00 VOLLING, JULIE 100.00 WASTE MANAGEMENT OF WI P 9,554.25 ZEOLI, MARCI 52.00 ZMT INC 725.00 GRAND TOTALS 91,819.04 FUND TOTALS GENERAL FUND 32,653.52 ANNEXATION FUND 25,889.00 CAPITAL IMPROVEMENTS FUND 6,981.62 WATER/SEWER FUND 22,579.37 RISK MANAGEMENT FUND 21.19 INFORMATION TECHNOLOGY FUND 3,694.34 TOTALS 91,819.04 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR VARIANCE TO ALLOW REDUCTION IN REQUIRED DRIVEWAY WIDTH - DAVID YANG, 605 BROADWAY In attendance was applicant David Yang, resident at 605 Broadway. Deputy City Administrator Martin stated the applicant is requesting a reduction in the required driveway width along his south property line. The Zoning Ordinance requires a minimum 9 foot width. The applicant, due to property constraints, is requesting a reduction September 15,2008 Page 3 to a 7.63 foot width to accommodate access to a detached garage which he intends to construct in his rear yard. Deputy City Administrator Martin noted the applicant appeared before the Planning and Zoning Commission at a public hearing held on August 21, 2008 where he received a unanimous recommendation of approval. Staff has reviewed the application and concurs with the Planning and Zoning Commission's recommendation to grant the request. Alderman Wimmer noted his support of the Commission's recommendation. Alderman Glab sought and received clarification as to the required setback for accessory structures in the residential zoning district. Motion by Wimmer, seconded by Santi, to accept the unanimous recommendation of the Planning and Zoning Commission, to pass an ordinance granting a variance as to the minimum required driveway width from 9 feet to 7.63 to David Yang, for his property located at 605 Broadway. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR ONE-TIME WAIVER OF THREE EVENTS PER CALENDAR YEAR LIMIT ON SPECIAL EVENT LIQUOR LICENSES, GRANTING OF SPECIAL EVENT LIQUOR LICENSE, AND WAIVER OF $25 LICENSE FEE — CHURCH OF HOLY APOSTLES ANNUAL FALL FEST ON SEPTEMBER 19 AND City Administrator Maxeiner stated a request was received from the Church of Holy Apostles seeking a one-time variance to allow more than three special event liquor licenses for the 2008 calendar year. The request included a special event liquor license for the Church's Fall Fest to be held on September 19 and 20, 2008, as well as a waiver of the $25 license fee. City Administrator Maxeiner stated it is Staffs recommendation to grant the license and to waive the three special events per calendar year maximum for this event only. Alderman Schaefer inquired if there is still an outstanding issue regarding special event liquor licenses for the Church. City Administrator Maxeiner responded the liquor license classification is the issue regarding the Church of Holy Apostles events. Alderman Murgatroyd opined if the Church is hosting special events with the service of alcoholic beverages on a regular basis, Staff should address the three special events per calendar year limitation. City Administrator Maxeiner responded Staff has researched the three special event liquor licenses per calendar year limitation which seems to be an arbitrary limit. Alderman Condon expressed her desire to see a policy established regarding this matter. September 15,2008 Page 4 Motion by Schaefer, seconded by Wimmer, to accept Staffs recommendation to waive the three special event liquor licenses per calendar year limit for the Church of Holy Apostles Annual Fall Fest event to be held on September 19th and 20th from 4 p.m. until 10 p.m., to grant a special event liquor license for the event, and to waive the $25 license fee. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR USE OF PETERSEN HISTORIC FARM FOR ANNUAL ANTIQUE TRUCK/TRACTOR SHOW ON OCTOBER 4 AND 5 . INCLUDING LIVE MUSIC, TEMPORARY SIGNAGE, AND WAIVER OF ALL ASSOCIATED FEES — DARICK FRANZEN Assistant City Administrator Hobson stated Darick Franzen has requested use of the Petersen.Historic Farm to host the Annual Antique Truck and Tractor Show on October 4th and 5th. The proposed hours of the event are from 9 a.m. until 6 p.m. on Saturday, October 4, 2008 and from 9 a.m. until 5 p.m. on Sunday, October 5, 2008. The event will include live music, temporary advertising signs, and various food vendors. Assistant City Administrator Hobson noted as parking for the event occurs across McCullom Lake Road from the event, services of a Community Service Officer (CSO) for traffic control and pedestrian crossing are required. The applicant intends to charge $2.00 admission and all proceeds will be donated to FISH Food Pantry. It is Staffs recommendation to support the request. Assistant City Administrator Hobson noted the temporary advertising signs include a 4' X 8' double-sided sign in front of the farm on McCullom Lake Road as well as a cube van with signage identical to the event poster which would be parked at sponsor locations throughout the City. Alderman Murgatroyd opined the Annual Antique Truck/Tractor Show is a well-run well-received community event. Alderman Condon stated she supports the event, but she continues to have issues with the signage on the cube van. Alderman Glab inquired as to the total amount of fees being waived. Assistant City Administrator Hobson responded it is difficult to ascertain with regard to the new park rental fees in place. Alderman Schaefer requested that the signage be kept out of traffic sight lines. Motion by Murgatroyd, seconded by Santi, to accept Staff s recommendation to approve the request for: • the use of Petersen Historic Farm for the Annual Antique Truck/Tractor Show on October 4th from 9 a.m. until 6 p.m. and October 5th from 9 a.m. until 5 p.m. including live music, petting zoo, pony rides, hayrides, farmers market, and a garden tractor pull; • the services of a CSO to provide traffic control and pedestrian crossing during the hours of the event; September 15,2008 Page 5 • placement of temporary advertising signs to announce the event, as presented; • waiving all associated fees for the event. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST TO RENEW OFF-SITE TEMPORARY ADVERTISING SIGN PERMIT — PATRIOT ESTATES Deputy City Administrator Martin stated Cunat Inc. is seeking renewal of its off-site temporary advertising sign permit for Patriot Estates Subdivision. The sign is situated at the southeast corner of the intersection of Crystal Lake Road and Bull Valley Road. It is comprised of (2) 10' X 10' identical signs in a "V" configuration. Permit for this sign was last granted in September 2007 for a one-year term. Deputy City Administrator Martin noted the applicant is requesting a one-year extension of the sign permit. Staff concurs with the request, subject to the applicant coming before Council at that time for renewal of the permit. Alderman Glab stated he could not even support a one-year renewal of the sign permit. He noted when the sign was first installed, the applicant stated it would be temporary. Motion by Condon, seconded by Wimmer, to accept Staffs recommendation to approve the renewal of the "V" shaped 10' X 20' Patriot Estates advertising sign for one year, subject to the applicant coming before Council for renewal prior to its expiration. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. REQUEST FOR CONDITIONAL USE PERMIT RENEWAL AND EXPANSION — CORNERSTONE MATERIAL RECOVERY, 4172 AND 4654 BULL VALLEY ROAD In attendance was applicant Steve Clements, owner of Cornerstone Material Recovery. Deputy City Administrator Martin stated Cornerstone has been operating its business under a conditional use permit for its property located at 4172 Bull Valley Road. The applicant has expanded its property to now include 4654 Bull Valley Road as well. The applicant is seeking to expand their existing conditional use permit to cover the additional property. Deputy City Administrator Martin noted the applicant is also seeking permission to conduct a recycling/handling center on the premises and to allow the outside storage of recycling materials as long as it is contained in bins or box containers. Deputy City Administrator Martin stated a petition seeking the conditional use permit was made to the City and the request was heard by the Planning and Zoning Commission September 15,2008 Page 6 at a public hearing held on September 4, 2008. The Commission unanimously recommended approval of the request, subject to the following conditions: �. • All construction materials and waste shall be kept in bins or storage units; • All miscellaneous items currently being stored in piles on the property shall be removed from the property or stored inside the building; • All existing piles of construction material shall be collected and placed into bins or storage containers; • The property shall be kept in a neat and orderly manner. Staff concurs with the request provided that the term of the conditional use permit is no more than five years, at which time the applicant would be required to appear before Council to seek an extension. Alderman Glab stated he does not know if he supports a five-year timeframe. He stated he would support a three-year timeframe. Motion by Condon, seconded by Santi, to accept the unanimous recommendation of the Planning and Zoning Commission to grant the following to Cornerstone Material Recovery for the property located at 4172 and 4564 Bull Valley Road: • To allow the outdoor storage of bin containers and roll-off boxes on the premises; • To allow the operation of a recycling center on the property which may include outside storage of construction materials on the site; • To allow a five-year term for the conditional use permit; Subject to the following conditions: 1. All construction materials and waste shall be kept in bins or storage units; 2. All miscellaneous items currently being stored in piles on the property shall be removed from the property or stored inside the building; 3. All existing piles of construction material shall be collected and placed into bins or storage containers; 4. The property shall be kept in a neat and orderly manner. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab Absent: None. Motion carried. ENGINEERING SERVICES AGREEMENT FOR KNOX PARK FIELD NO 2 LIGHTING — SEC GROUP IN THE AMOUNT NOT-TO-EXCEED $11,690 Assistant City Administrator Hobson stated in June Council authorized Staff to advertise for bids for the installation of lights for Knox Park Softball Field No. 2. Staff prepared the bid documents using manufacturer specifications. Contractors who requested bid packets raised several questions about the project relating to the electrical connections to the existing service panel, schematics for underground wiring to the field, as well as connections and location of the service panel. In order to obtain the required information, — electrical specifications for the installation of the system need to be developed. Assistant City Administrator Hobson stated Staff is recommending that Council authorize the execution of an engineering service agreement with SEC Group to develop September 15,2008 Page 7 the electrical specifications so that the project can move forward. The agreement is in the amount of $11,690, which includes electrical design, bidding services, and coordination of the project. The light installation project is estimated at $125,000-135,000 and would be paid from the Developer Donation Fund. Alderman Glab questioned the cost of the engineering services agreement, noting that 9-10% of the project cost is excessive. City Engineer Wegener responded he believes it will come in less, but will not know for certain until the electrical box at the park is opened. Motion by Santi, seconded by Murgatroyd, to accept Staffs recommendation to authorize the Mayor's execution of an engineering services agreement with SEC Group for the electrical design, bidding services, and coordination of the Knox Park Softball Field No. 2 Lighting in the amount not-to-exceed $11,690. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAIN STREET SUB-AREA PLAN Deputy City Administrator Martin stated Staff, in conjunction with the Community Development Committee, has been working for some time on the creation of a Main Street Sub-Area Plan. Two open houses were held to secure public input. In addition, a petition to consider the proposed Plan was presented before the Planning and Zoning Commission at a public hearing held on August 21, 2008. The Commission made a unanimous recommendation to approve the plan subject to the following modifications: • remove the recommendation to close the south Borden Street access to Elm Street; • include a recommendation for a possible access between Mill Street and Main Street. Deputy City Administrator Martin noted Staff has followed the Commission's suggestion by softening the original recommendation to close Borden Street access to Elm Street as well as adding language suggesting Staff work with Union Pacific Railroad to facilitate a north-south access between Mill Street and Main Street. Deputy City Administrator stated it is Staffs recommendation to approve the Main Street Sub-Area Plan as amended. Alderman Condon thanked Deputy City Administrator Martin and Planner Kolner for their efforts in creating the Plan. She noted the Plan is an effort, as the City changes, to provide guidelines for future development and redevelopment of this area. Alderman Santi stated he is pleased with the Plan. Alderman Glab inquired if the possible Borden Street closure would be left in the Plan in spite of the Planning and Zoning Commission's recommendation that it be deleted from the Plan. Deputy City Administrator Martin responded the potential for the closure would remain in the plan; however, language was included to consider the impact on adjacent business owners, sight distance at alternative locations, as well as other September 15,2008 Page 8 engineering issues prior to any relocation of the access occurring. City Attorney McArdle stated Council will decide to vote on the recommendation made by Staff which includes the modifications resulting from the Planning and Zoning Commission's suggestions. Alderman Peterson, referencing the map on page 7 of the Plan, inquired if Metra owns the former Buss Ford property on the south side of Main Street. Deputy City Administrator Martin stated the area indicated as "Metra" on the map indicates the Metra line, not ownership. Motion by Condon, seconded by Wimmer, to accept the unanimous recommendation of the Planning and Zoning Commission as well as Staffs recommendation, to approve the Main Street Sub-Area Plan as presented. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. MAYOR— STATEMENT AND REPORT Mayor Low announced her intention to appoint Rob Dickman to the vacant Landmark Commission position and requested a motion to confirm the appointment. Motion by Glab, seconded by Santi, to approve the Mayor's appointment of Rob Dickman to the City's Landmark Commission with a term expiring April 30, 2011. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. COMMITTEE REPORTS Chairman Alderman Murgatroyd reported a Finance and Personnel Committee Meeting has been tentatively scheduled for Monday, September 29, 2008 at 6:30 p.m. in the Aldermen's Conference Room and requested committee members advise Director Black of their availability to attend. STAFF REPORTS Assistant City Administrator Hobson announced the Kelly Miller Circus will be in town at Petersen Park on September 24th and 25th. There will be two shows daily: one at 4:30 p.m. and one at 7:30 p.m. FUTURE AGENDA ITEMS Alderman Glab thanked Staff for the number of signs recently removed from the City's right-of-way in violation of the sign ordinance. September 15,2008 Page 9 EXECUTIVE SESSION: PERSONNEL Motion by Wimmer, seconded by Santi, to go into Executive Session to discuss Personnel at 8:13 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 8:17 p.m. Motion by Wimmer, seconded by Peterson to go back into Open Session at 8:35 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 8:35 p.m. OPEN SESSION REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION No action was taken in Open Session regarding matters discussed in Executive Session. ADJOURNMENT Motion by Santi, seconded by Wimmer, to adjourn the meeting at 8:36 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. T)ie Meeting was adjourned at 8:36 p.m. �- k U4 C MAYOR ITY CLE K , I