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HomeMy WebLinkAboutMinutes - 01/21/2008 - City Council REGULAR MEETING JANUARY 21, 2008 A Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, January 21, 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 Clerk Kunzer, City Attorney McArdle, Deputy City Administrator Martin, Assistant City Administrator Hobson, Director of Finance Black, Director of Public Works Schmitt, Chief of Police O'Meara, Director of Community Development Napolitano, Director of Parks and Recreation Merkel. Absent: City Clerk Jones. PUBLIC INPUT SESSION — 10 MINUTE LIMITATION Noell Mach of 3205 West Pleasant View Drive addressed Council regarding a recent experience she had while driving on Bull Valley Road just west of its intersection with Crystal Lake Road. Ms. Mach stated she drove into a pothole causing an $850 claim against her automobile insurance. She stated she contacted City offices and received little satisfaction from Staff regarding requested reimbursement of her insurance deductible. Ms. Mach requested Council look into reviewing her liability claim and request for financial assistance in this matter. Mayor Low stated City Administrator Maxeiner would look into the matter and advise Ms. Mach of the results. CONSENT AGENDA Motion by Wimmer, seconded by Schaefer, to approve the Consent Agenda as presented: A. Request for special event liquor license, waive all associated fees for fundraiser on February 16, 2008 — Knights of Columbus Council 1288; B. Request to host Fiesta Days 2008 scheduled for July 11, 2008 through July 20, 2008 plus an event scheduled for July 26, 2008, all at various locations within the City; to issue a special event liquor license; to provide assistance from the City's police, public works and police departments for various services during the events; and to waive all associated fees — McHenry Area Chamber of Commerce; C. Ordinance approving various text amendments and recodification of Municipal Code Chapter 28 to 18.50; D. Ordinance approving various text amendments and recodification of Municipal Code Chapter 30 to 2.50; E. Ordinance approving various text amendments and recodification of Municipal Code Chapter 31 to 7.50; F. City Council minutes: January 7, 2008 regularly scheduled meeting; G. List of Bills: ACE HARDWARE, BJORKMAN'S 2,551.18 ADAMS ENTERPRISES INC, R 1,675.92 ADAMS STEEL SERVICE INC 45.00 ADVANCED SYSTEMS TECHNOL 145.00 AFTERMATH INC 245.00 AMERICAN HEATING 6 COOLI 80.00 AMERICAN WATER WORKS ASS 542.00 January 21, 2008 Page 2 ARAMARK WORK APPAREL & U 168.32 AT&T 2,787.22 BARBATO, EMIL 84.50 BAXTER & WOODMAN 408.89 BERKHEIMER CO INC, G W 891.49 BUSS FORD SALES 1,213.24 CAREY ELECTRIC 180.00 CARQUEST AUTO PARTS STOR 1,202.46 CDW GOVERNMENT INC 3,949.20 CENTURY SPRINGS 134.40 CHICAGO INTERNATIONAL TR 350.06 CINTAS CORPORATION #355 649.84 CLIFFORD-WALD 70.00 CMW WELDING INC 280.00 COMED . 19,871.47 CONCRETE SOLUTIONS 139.99 CONSERVATION SERVICES 75.00 CONSTELLATION NEWENERGY 32,544.24 CRESCENT ELECTRIC SUPPLY 24.82 CURRAN CONTRACTING COMPA 273.98 DURA WAX COMPANY INC, TH 71.00 ED'S AUTOMOTIVE/JIM'S MU 84.00 ED'S RENTAL & SALES INC 455.96 EPCO PAINT 397.88 FENCE CONNECTION INC 778.00 GALLAGHER RISK MANAGEMEN 87.00 HOLIDAY INN EXPRESS 66.60 HP SHOOTING CENTER INC 30.00 IACP 360.00 IPRA 705.00 JULIE INC 138.65 KALE UNIFORMS INC 376.90 KIMBALL MIDWEST 849.11 KOMIN, MIA 82.00 KTD INC 7.50 LANG PONTIAC-CADILLAC-SU 139.98 LORCHEM TECHNOLOGIES INC 466.52 MCHENRY AREA CHAMBER OF 850.00 MCHENRY COUNTY COUNCIL 0 2,179.00 MCHENRY COUNTY RECORDER 96.00 MCHENRY COUNTY SUPPLY IN 207.90 MCHENRY COUNTYS 4 WHEEL 127.10 MCHENRY NAPA 998.10 MCHENRY SCHOOLS TRANSPOR 687.70 MCHENRY STORAGE, THE 440.00 MCMASTER-CARR SUPPLY CO 31.20 MDC ENVIRONMENTAL SERVIC 16,000.00 MDE INC 206.00 MEYER MATERIAL COMPANY 918.73 MIDWEST METER INC 5,681.99 MINUTEMAN PRESS OF MCH 36.50 MORITZ, SHERRIE 8.00 NATIONAL SALT SUPPLY INC 4,156.16 NORTH AMERICAN SALT CO 28,989.31 NORTH SUBURBAN WATER 60.00 NORTHWEST ELECTRICAL SUP 69.94 OCCUPATIONAL FOOTWEAR CO 111.95 OLSEN SAFETY EQUIPMENT C . 162.81 ORIENTAL TRADING CO INC 205.73 PETROLIANCE LLC 21,957.66 PIPING TECHNOLOGY & PROD 593.55 PORTER LEE CORPORATION 1,095.00 PRECISION SERVICE & PART 101.97 PROESEL, JACK 116.96 RADICOM INC 116.23 RAR COMMUNICATIONS INC 1,500.00 RELIABLE SAND & GRAVEL 423.18 -� RESERVE ACCOUNT 1,500.00 REX AUTO BODY 493.90 RIDGEVIEW ELECTRIC INC 150.00 RIVERSIDE BAKE SHOP 111.40 RUSHING, RHONDA BO.00 SCHILLER, LAVERN 50.00 SICALCO LTD 2,065.86 January 21, 2008 Page 3 SPOHR, KAREN 58.00 SPRING ALIGN OF PALATINE 1,969.12 SPRINT 88.84 STANS OFFICE TECHNOLOGIE 295.45 .^. STATE TREASURER IDOT 5,912.79 THREE D DESIGN STUDIO LL 65.04 UNITED LABORATORIES 172.18 VERIZON WIRELESS 110.14 WATER SOLUTIONS UNLIMITE 2,860.00 WESTERN ILLINOIS UNIVERS 90.00 WHOLESALE DIRECT INC 219.44 GRAND TOTALS 180,100.35 FUND TOTALS GENERAL FUND 87,605.97 MOTOR FUEL TAX FUND 35,211.33 WATER/SEWER FUND 50,195.72 RISK MANAGEMENT FUND 560.90 INFORMATION TECHNOLOGY FUND 6,097.54 RETAINED PERSONNEL ESCROW 408.89 TOTALS 180,100.35 Voting Ayer Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. APPROVE REQUEST FOR SIGN VARIANCE — RON BYKOWSKI, 3815 WEST ELM STREET In attendance was property owner Ron Bykowski and tenant Sommy Patel of 3815 West Elm Street. Director of Community Development Napolitano stated a request for a sign variance was received by Applicant Ron Bykowski on behalf of his tenant, the owner of the business, located at 3815 West Elm Street. After review of the City sign ordinance, Staff determined that three variances would be required to allow the proposed sign to be constructed.on the premises: 1. Location: the setback of the existing sign standard (1 foot) does not comply with the five foot minimum requirement (5 feet); 2. Size: the area of the proposed sign is 72 square feet which exceeds the allowable area of 41.5 square feet, based upon building frontage; 3. Heigh : the height of the existing pole is 19 feet which exceeds the allowable height of 15 feet. Director Napolitano noted the Community Development Committee recently updated the City's sign ordinance to require smaller and lower signs throughout the City. Staff believes that the granting of the variances would be against the spirit of the newly updated sign ordinance and recommends denial of the request. Alderman Wimmer noted Director Napolitano provided Council with a comprehensive report of the existing non-conformities of the sign on the premises. Alderman Wimmer concurred with Staff noting the request should be denied. Alderman Peterson inquired if Staffs objections related to size or location. Director Napolitano responded Staff objected chiefly to the size as it is almost twice the allowable area for the site, although height is also an issue Staff would like to see addressed. January 21, 2008 Page 4 Alderman Peterson stated he would agree to allowing the sign at its present location if the sign area and height were reduced. Director Napolitano noted if that were the case there would still be a setback issue. Alderman Peterson opined most of the cost incurred by the business owner in complying with the current sign ordinance would be in relocating the sign standard. Alderman Condon concurred with Alderman Wimmer, noting the Community Development Committee comprehensively reviewed the sign ordinance before recommending its approval to Council. She agreed the request should be denied. Alderman Santi concurred with Alderman Condon. The Community Development Committee spent a great amount of time pondering the proposed amendments to the sign ordinance. He questioned, if the City is not going to abide by the ordinance, why approve it in the first place? He stated the applicant needs to comply with the ordinance requirements. Alderman Glab noted the sign on the site was non-conforming prior to the adoption of the newly updated sign ordinance. The area of the sign is too large. Alderman Glab stated he would agree to leaving the sign standard in its present location until such time as the building is razed and the property is redeveloped. Alderman Glab stated he would support a setback variance provided the sign size and height are in compliance. Alderman Schaefer concurred with the Community Development Committee and Staff noting the updated sign ordinance should be followed. He agreed the request should be denied. Alderman Murgatroyd concurred with Aldermen Peterson and Glab in that the size of the sign is too large, but that the location of the sign is acceptable. Alderman Murgatroyd stated he would agree with a variance allowing the location and height of the existing sign standard as long as the present building exists on the premises. Mr. Bykowski addressed Council noting most of the existing signs along Elm Street are non-conforming to the City's sign ordinance. He noted in coming years, when business occupancies change, most of the signs would have to be lowered, reduced in area, and possibly relocated, in order to comply with the ordinance. This would cause a hardship on the property owners. Mr. Bykowski, as an aside, noted he owns most of the property along Elm Street in this portion of town between Route 31 South and Route 31 North. He agreed that the size of the sign could be reduced and that the sign would look better if reduced in height. He also suggested the lower LED (4' X 8') portion of the sign could be removed, thereby reducing the sign area to 40 square feet. Mr. Bykowski also noted the sign provides the only source of illumination for the sidewalk in the area, particularly as street lights along Route 120 have not yet been replaced. Mr. Bykowski also noted the sign pole/standard is located 2.7 feet from the property line. However, the leading edge of the sign is 1 foot from the property line. Mr. Bykowski concluded, noting the expense to remove, relocate and erect the sign would be borne by the business owner, Mr. Patel. _ Mr. Patel addressed Council stating he leased the building from Mr. Bykowski in November. To date he has spent approximately $40,000-50,000 in remodeling the building and site. He suggested removing and replacing the sign per code would cost approximately January 21, 2008 Page 5 $15,000 - $20,000. Mr. Patel noted the LED portion of the sign would be a benefit to the community, as time and temperature, in addition to current advertising information would be shown. Mr. Patel stated since opening his business on December 22, 2007, he has spent more than $9,000 in advertising, due to the sign on the premises not reflecting the actual business on the site. Mr. Bykowski again addressed Council stating, if at all possible, he would request Council approval of the variance provided the lower 32 square feet of the sign were removed and a portion of the pole removed to bring the sign standard into compliance with the sign ordinance. Alderman Glab noted the applicant made some good points; but, if Council continues to grant variances to the sign ordinance, the City is defeating the purpose of approving the updated sign regulations. Alderman Schaefer inquired how much the sign size would be reduced if the lower portion (8' by 4') was omitted. Director Napolitano responded the size would then be in conformance, approximately 40 square feet in area. Alderman Schaefer inquired if the applicant was willing to alter his request, would the variance request come back to Council for re-review. Director Napolitano responded that would be up to Council. Alderman Peterson stated he would support a reduced sign area with the sign height and location remaining as proposed. Alderman Condon stated she would be willing to allow the existing setback, but could not support variances as to area and height. Alderman Santi noted if the applicant intends to amend his request, he would be more comfortable if the new proposal is reviewed by Staff prior to presentation to Council. Alderman Peterson inquired if the LED portion of the sign is programmable. Mr. Patel responded the sign would provide the time and temperature as well as up-to-date advertising. He suggested the LED sign would be good for the community. Mr. Bykowski addressed Council noting the LED portion of the sign would have to be removed in order to bring the sign area into conformance. Motion by Wimmer, seconded by Santi, to accept Staffs recommendation to deny the request for sign variances as to height, location and size for the property located at 3815 West Elm Street as submitted by Ron Bykowski. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion to deny request carried. Alderman Murgatroyd stated if the 32 square feet (LED portion) were deleted, Council might be willing to grant the remaining two variances: height and setback. January 21, 2008 Page 6 Alderman Condon stated she could not support a variance as to sign height. Alderman Santi noted he would not agree with a variance as to sign height either. Alderman Glab noted he would not agree with a variance as to sign height. If the City intends to set the stage for redevelopment of this area, items such as obtrusive sign height should be considered. Alderman Glab agreed there is a cost to change the sign; however, it may be doubled in the long run as a result of a height variance being granted this evening. Alderman Murgatroyd stressed when the property is redeveloped, all aspects of the sign would change. He opined it would be too onerous to force a small business owner to comply with the sign ordinance at this time. He suggested in a case such as this, the City should bring the sign as close to compliance as possible. Alderman Glab noted the sign has been non-conforming for more than 22 years. He still feels it has been there long enough and the applicant should bring the sign into conformance. Motion by Murgatroyd, seconded by Peterson, to approve sign variances to allow a sign 19 feet in height, set back 1 foot from the property line, for the property located at 3815 West Elm Street as requested by Applicant Ron Bykowski for his tenant Sommy Patel. Voting Aye: Schaefer, Murgatroyd, Peterson. Voting Nay: Santi, Glab, Wimmer, Condon. Absent: None. Motion failed. Motion by Glab, seconded by Wimmer, to approve a sign variance allowing a setback of 1 foot from the property line, for the property located at 3815 West Elm Street, as requested by Applicant Ron Bykowski for his tenant Sommy Patel. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. APPROVE REQUEST FROM DOWNTOWN BUSINESS ASSOCIATION TO: USE VETERANS MEMORIAL PARK FOR WINE FESTIVAL ON SEPTEMBER 13 AND 14, 2008; GRANT SPECIAL EVENT LIQUOR LICENSE FOR THE EVENT; WAIVE ALL ASSOCIATED FEES In attendance representing the Downtown Business Association was John Macrito, owner of Corkscrew Pointe. — Assistant City Administrator Hobson stated the Downtown Business Association (DBA) is requesting approval to host its 2"d Annual Wine Festival in Veterans Memorial Park on September 13 and 14, 2008. Last year's festival was a one-day event. The DBA January 21, 2008 Page 7 hopes to expand into a two-day event this year. Assistant City Administrator Hobson noted in order to comply with the request, Council must grant use of the park, approve a special event liquor license, and, at the applicant's request, waive all associated fees. Assistant City Administrator Hobson noted no bottles of wine would be sold at the event. Those attending the event who do not wish to taste wine will be admitted at no charge. Patrons choosing to avail themselves of wine tasting will be charged a $10 admission fee. Mayor Low announced she attended last year's event and noted it was a delightful, very well run event. Alderman Santi noted it is a nice festival and he looks forward to it again this year. Alderman Schaefer inquired if patrons would be able to order bottles of wine at the event. Mr. Macrito responded the special event liquor license would not permit it. Motion by Santi, seconded by Schaefer, to accept Staffs recommendation to: 1. Approve the use of Veterans Memorial Park for a Wine Festival on September 13 and 14, 2008, as submitted by the Downtown Business Association; 2. Approve a special event liquor license for the festival; 3. Waive all associated fees. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. AUTHORIZATION TO EXECUTE AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS IN LINCOLN HILLS SUBDIVISION — THELEN SAND AND GRAVEL Deputy City Administrator Martin provided Council with the background information relative to the development of Lincoln Hills Subdivision. He noted the property was owned and annexed to the City in 2004 by Raymond and Linda Walls. Development of the subdivision was initiated by Thelen Sand and Gravel who put up the Letter of Credit for public improvements within the subdivision, now known as Lincoln Hills. Deputy City Administrator Martin noted it is highly unusual to have the general contractor post a Letter of Credit for the property owner. Thelen subsequently requested a reduction in the Letter of Credit to $204,000. The request was approved and Staff accepted a two-party check made out to Thelen Sand and Gravel and the City of McHenry in the amount of$204,000. Deputy City Administrator Martin noted Thelen recently approached the City inquiring if the City was interested in entering into an agreement. whereby Thelen would complete the outstanding public improvements. The terms of the agreement include disbursement of the $204,000 as follows: Thelen Sand and Gravel reimbursement for services rendered $124,000 City of McHenry reimbursement for retained personnel and consulting services rendered $ 35,000 Thelen Sand and Gravel for completing public improvements $ 45,000. January 21, 2008 Page 8 Deputy City Administrator Martin stated it is Staffs recommendation to authorize the Mayor's execution of the agreement. Alderman Wimmer stated Staff has managed to create a decent agreement and he supports its execution. Alderman Peterson inquired if the agreement includes all public improvements for the subdivision that remain to be completed. Deputy City Administrator Martin responded all sidewalks would be installed for the benefit of the existing homeowners. He noted there are currently ten vacant lots which need to be seeded to avoid soil erosion. Alderman Condon stated it is unfortunate that the matter has come to this, but she concurred the subdivision public improvements should be completed. Alderman Santi concurred with Aldermen Wimmer and Condon. It is best to complete the subdivision improvements. In response to his inquiry, Deputy City Administrator Martin noted the curb cuts for the driveways of the ten vacant lots would be done when the lots are sold and homes constructed. At this time it is impossible to determine where.the driveways would be placed on the lots. Alderman Glab inquired if the agreement would address all sides. Deputy City Administrator stated the agreement includes the majority of the public improvements. City Attorney McArdle stated the City would be acquiring very close to what it has spent regarding this project. Motion by Wimmer, seconded by Santi, to accept Staffs recommendation to authorize the Mayor's execution of a Public Improvement Completion Agreement with Thelen Sand and Gravel Inc. to complete the public improvements associated with the Lincoln Hills Subdivision. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. AUTHORIZATION TO PROCEED WITH PROPOSED PARTIAL SPECIAL CENSUS Director Napolitano stated the City last conducted a special census in summer of 2004. Since that time approximately 1,000 building permits have been issued for dwellings in subdivisions such as Morgan Hill, Legend Lakes, and Evergreen Park. Additionally, the annexation of Hunterville Subdivision occurred. Staff estimates the growth in these areas has resulted in approximately 2,500 more residents. Director Napolitano stated the cost of a partial special census which would target those areas where growth has occurred is estimated at $76,000. Council has approved a ' line item of $105,000 in the current budget for the partial special census. If Council wishes to move forward with the partial special census, notification must be made to the United States Census Bureau no later than February 28, 2008. January 21, 2008 Page 9 Director Napolitano stated the City would realize additional revenue as a result of the census approximately five months following certification of the results by the U.S. Census Bureau. It is Staffs recommendation to proceed with the partial special census. Alderman Peterson noted the addition of 2,500 residents would increase the City's population to more than 25,000. City Administrator Maxeiner stated while that is true, it will not impact the City's status as a Home Rule Community, as legislation has not been passed regarding the acceptance of partial census for this purpose. Motion by Schaefer, seconded by Murgatroyd, to accept Staffs recommendation to direct Staff to initiate a partial special census in accordance with the requirements of the United States Census Bureau. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR— STATEMENT AND REPORT There was no Mayor Statement or Report. COMMITTEE REPORTS Chairman Alderman Murgatroyd announced a Finance and Personnel Committee meeting has been tentatively scheduled for Monday, February 11, 2008 at 6:30 p.m. in the "— Aldermen's Conference Room. Chairman Murgatroyd requested committee members contact Director of Finance Black regarding their availability on that date. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS Alderman Glab requested Council be provided with a status report regarding Staffs progress in the removal of signs for defunct or relocated businesses. - ADJOURNMENT Motion by Wimmer, seconded by Santi, to adjourn the meeting at 8:29 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 8:29 p.m. ,�„ MAYOR. DEPUTY CITY CLERK