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Home My WebLink AboutPacket - 02/02/2009 - City Council City of MCHenry 333 South Green Street r . " . www.ci.mchenry.il.us McHenry,Illinois 60050-5495 Mayor's Office (815) 363-2108 Fax (815) 363-2119 AGENDA REGULAR CITY COUNCIL MEETING Clerk's Office Monday, February 2, 2009, 7:30 PM (815)363-2100 Fax(815)363-2128 Administration 1. Call to Order (815)363-2108 Fax(815)363-2119 2 Roll Call :1. Public Works f Community 3. Pledge of Allegiance J Development (815)363-2170 4. Presentation: Letters of Commendation Fax(815)363-2173 Parks and Recreation 5. Public Input Session, 10 Minute Limitation (815)363-2160 Fax(815)363-3186 6. Consent Agenda: A. Ordinance amending Municipal Code Chapter 13, Traffic and Motor Police Non-Emergency Vehicles; (815)363-2200 B. MACC request for temporary signs to advertise 2009 Expo; Fax(815)363-2149 C. Final reduction of Letter of Credit and acceptance of Maintenance Bond and public improvements for Schroeder Lane Sanitary Sewer/Water Main Mayor extension; Susan E.Low D. Final reduction in Letter of Credit pending receipt of Maintenance Bond, and acceptance of public improvements for Route 120 Water Main Extension; City Clerk E. Final pay request for Parks and Open Space Master Plan to Bonestroo for Janice C.Jones $5,855.65; F. Final pay requests for Public Works facility, 1415 Industrial Drive: Treasurer Cornerstone Material Recovery, $9,465, Swederski Concrete, $71,495, DavidM.Welter Raynor Door Authority, $2,860; G. January 19, 2009 City Council meeting minutes; and Aldermen H. List of Bills. WARD 1 Victor A. Sand 7. Request for sign variance, Liberty Tax Service, 5017 West Elm Street WARD 2 8. Conditional use permit and variances for B&B Automotive, 917 North Front Street Andrew A.Glab WARD 3 9. Various amendments to the Municipal Code and Zoning Ordinance Jeffrey A. Schaefer 10. Statement and Reports WARD 4 Steven C.Murgatroyd 1 1. Committee Reports WARD 5 Richard W.Wimmer 12. Staff Reports WARD 6 13. Future Agenda Items Robert J.Peterson WARD 7 14. Adjournment Geri A.Condon Posted: January 28, 2009 PRESENTATION TO: Mayor and City Council FROM: Douglas K. Maxeiner, City Administrator FOR: February 2, 2009, Regular City Council Meeting On behalf of the McHenry Police Department, Chief Brogan will present Letters of Commendation to six McHenry Police Officers for their actions in connection with an apartment building fire at 3816 West Main Street on January 17, 2009. The officers receiving the commendations are Justin DeBolt, Omar Morales, Paul Prather Brian Aalto, Sgt. Brian McKeen and Sgt. Thomas Beyer. Also at the meeting, Fire Chief Amore will recognize members of the McHenry Township Fire Protection District for their actions on that day. CONSENT AGENDA The Consent Agenda for the February 2, 2009 City Council meeting consists of the following items: A. Ordinance amending Municipal Code Chapter 13, Traffic and Motor Vehicles; B. MACC request for temporary signs to advertise 2009 Expo; C. Final reduction of Letter of Credit and acceptance of Maintenance Bond and public improvements for Schroeder Lane Sanitary Sewer/Water Main extension; D. Final reduction in Letter of Credit pending receipt of Maintenance Bond,and acceptance of public improvements for Route 120 Water Main Extension; E. Final pay request for Parks and Open Space Master Plan to Bonestroo for $5,855.65; F. Final pay requests for Public Works facility, 1415 Industrial Drive: Cornerstone Material Recovery, $9,465, Swederski Concrete, $71,495, Raynor Door Authority, $2,860; G. January 19, 2009 City Council meeting minutes; and H. List of Bills. Attachments CONSENT AGENDA To: Mayor and City Council Fm: Deputy City Administrator Martin For: February 2, 2009 Re: Traffic Code amendments relating to No Parking Zone in front of McHenry Municipal utility facilities Background Recently the Sewer Division has experienced difficulty because residents are parking vehicles in front of neighborhood lift station driveways creating a hardship for staff accessing the facilities for maintenance and upkeep. Staff has prepared an ordinance amending the Municipal Traffic Code by creating "No Parking Zones"in front of the lift stations. Recommendation Approval of the attached ordinance. /kmk ORDINANCE NO.MC-09- AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 13, TRAFFIC AND MOTOR VEHICLES, OF THE CITY OF McHENR Y MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, MCHENRY COUNTY,ILLINOIS,as follows: SECTION 1: That Section 13-608 (A) NO PARKING AT ANY TIME IN FRONT OF ANY MCHENRY UTILITY FACILITY in the City of McHenry Municipal Code shall be and is hereby created as follows: 13-608(A) NO PARKING AT ANY TIME IN FRONT OF ANY MCHENRY UTILITY FACILITY It shall be unlawful for the operator of any motor vehicle or any other vehicle to park or block the driveway of any of the following locations at any time: 1) Sanitary Lift Station,1016 Broadway 2) Sanitary Lift Station,1105 Carrick Lane 3) Sanitary Lift Station,501 Cartwright Trail 4) Sanitary Lift Station,5400 Dartmoor Drive 5) Sanitary Lift Station,6400 Dartmoor Drive 6) Sanitary Lift Station,3621 Diamond Drive 7) Sanitary Lift Station,1809 Donavan Street 8) Sanitary Lift Station,1914 Doolin 9) Sanitary Lift Station,between 5825 and 5827 Fieldstone Trail 10) Sanitary Lift Station,3611 Freund Avenue 11) Sanitary Lift Station,3800 Grove Avenue 12) Sanitary Lift Station,1934 Hemlock Lane 13) Sanitary Lift Station,3710 Millstream Drive 14) Sanitary Lift Station,1401 N Riverside Drive 15) Sanitary Lift Station,701 S Riverside Drive 16) Sanitary Lift Station,1115 River Road 17) Sanitary Lift Station,1201 S River Road 18) Sanitary Lift Station,2515 W Route 12019) 19) Sanitary Lift Station,4506 Willow Lane 20) Central Plant,3306 Waukegan Road 21) South Plant,222 S McHenry Avenue SECTION 2: Any person, firm or corporation violating any provision of this ordinance shall be fined not less than Twenty Five Dollars ($25.00) nor more than Seven Hundred Fifty Dollars ($750.00) for each offense committed on each day during, or on which, a violation occurs or continues. SECTION 3: All ordinances, or parts thereof, in conflict with the terms and provisions hereof,be and the same are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry,Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. PASSED and APPROVED this TH day of ,2009. AYES: NAYS: ABSENT: NOT VOTING: ABSTAINED: Mayor ATTEST: City Clerk CONSENT AGENDA TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator FOR: February 2, 2009 Regular City Council Meeting RE: McHenry Area Chamber of Commerce Request for Signs in City Right-of- Way STAFF RECOMMENDATION: To approve the request from McHenry Area Chamber of Commerce to place 25 signs in City right-of-way, with the condition that the signs are removed from the right-of-way by Sunday, March 1s' A letter from the McHenry Area Chamber of Commerce was received (letter is attached) requesting permission to place 25 signs in City right-of-way advertising their yearly expo event. The event is proposed to be held on Saturday February 28, 2009 from 9:00 a.m. to 5:00 p.m. at McHenry West Campus High School. The proposed sign locations are attached. The Chamber would like to put the signs up around February 181`, pending the snow on the ground, and take them down one day after the event. Staff does not have any problems with this request. W'W McHenry 'EaArea Chamber of � S Since 1952 Commerce TO: Mayor Susan Low,Alderman &City Council FROM: Kay Rial Bates,President Expo Committee DATE: January 19, 2009 SUBJ: 2009 Expo On behalf of the McHenry Area Chamber of Commerce Board of Directors and Expo Committee,we are requesting approval to put up signs at the following establishments from February 18th through March 1st. Our Expo is Saturday,February 28th. Expo signs to be set up at the following locations: 1 C -Route 120 and Route 31 -George R.Justen&Son Funeral Home 1 A-Route 31 North and Pearl Street—First Midwest Bank property 1 C -Route 120 at R.A. Adams 1 C -Route 120 and Chapel Hill Road-Riverside Chocolate Factory 1 C -McCullom Lake Road and Riverside Drive 1 C-Route 31 North and McCullom Lake Road-LaSalle Bank 1 C-Route 31 North at Chili's 1 A-Route 31 North at Fifth Third Bank 2 F C-Route 31 North and McCullom Lake Road-Walmart 1 Petersen Park 1 C-Route 120 and Ringwood Road-Ringwood Amoco 1 C-Route 120 and Ringwood Road—Illinois State Bank 1 C -Route 120 at Linchpin 1 F-Crystal Lake Road end at Route 120—Jack Franks Office 1 A-Crystal Lake Road and Main Street—Portable Tools 1 C-Crystal Lake Road at Ace Hardware 1 C-Crystal Lake Road&Bull Valley Road—Church of Holy Apostles 1 C-Route 31 —Amcore Bank 1 C-Route 31 South and Prime Parkway—Home State Bank 1 C -Route 31 South and Albany Street—Wm.Tonyan&Sons 1 A-Route 31 North—Gattone Pharmacy 1257 N.Green Street, McHenry, IL 60050 815-385-4300 • 815-385-9142 (fax) wwiu.mchennychamber.com 9 info@mchenrychamber.com 1 F- Chas.Miller and Green Street 2 Route 31 at Gary Lang Auto Group Please let me know if this meets with your approval and the next step we need to take. Thank you for your consideration! CONSENT AGENDA TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator FOR: February 2, 2009, Regular City Council Meeting RE: Letter of Credit Reduction and Acceptance of Schroeder Lane Sanitary Sewer and Water Main Extension STAFF RECOMMENDATION: To approve the final reduction in the letter of credit for the Schroeder Lane Sanitary Sewer and Water Main Extension, in the amount of$109,487.50, pending the submittal of a Maintenance Bond in the amount of $19,640.41 for a two-year period beginning on February 3, 2009 and ending on February 3, 2011 and accept the public improvement. Attached is a letter of recommendation from Smith Engineering to reduce the existing letter of credit for the Schroeder Lane Sanitary Sewer and Water Main Extension to a balance of zero dollars. This is the final reduction; therefore, a two-year maintenance guarantee bond will be submitted in the amount of$19,640.41 in conjunction with the simultaneous acceptance of the public improvements. SEC Group, Inc. Engineering ■ Surveying ■ Planning ■ Landscape Architecture January 20,2009 Mr.Douglas P. Martin Deputy City Administrator City of McHenry 333 South Green Street McHenry, Illinois 60050 RE: Schroeder Lane—Sanitary and Water Main Extension Recommendation of Acceptance SEC Job No. MCHE-070908 Dear Mr.Martin: SEC Group, Inc. (SEC) has completed our review of the Acceptance documents for the Schroeder Lane Sanitary and Water Main Extension project. The documents reviewed consist of the following: • Request for release of Construction Guarantee • Bill of Sale • Waivers of Lien and Contractor's Affidavit All of the above documents are in acceptable order with the exception of the Request for Release of Constructions Guarantee. This document incorrectly states the total cost of the improvements. The correct total appears on the Contractor's Affidavit as $98,202.07. Per the City's Subdivision Control Ordinance, Section 7.4, the Maintenance Guarantee must be.20% of this total or$19,640.41. Upon the City's receipt of the Maintenance Guarantee, SEC recommends that this project be accepted and placed on the two year Maintenance period. If you have any questions,please call Bob Wegener or me. Sincerely, SEC GROUP, INC. Chad J.Pieper,P.E. Project Manager CJP/tcs Attachment cc: Mr.Jon M. Schmitt—City of McHenry Mr. Robert Wegener, P.E.—SEC Group,Inc. N:Uobs\Smith\2007\070908 MCHE Schroeder Lane Water&Sewer Extensions\Correspondence\letters\MCHE-070908-Acceptance Recommendation-cjp-012009.doc 4500 Prime Parkway,McHenry,Illinois 60050 t. 815.385.1778 f. 815.385.1781 www.secgroupinc.com REQUEST FOR REDUCTION OR RELEASE OF CONSTRUCTION GUARANTEE As provided for in the Subdivision Control Ordinance of the City of McHenry Section 7,subdividers of property shall post a construction guarantee in the amount of 125%of the cost of required public improvements as approved by the City Engineer. This construction guarantee is posted to insure the installation of all public improvements in accordance with approved plats,plans,and specifications. This request is made pursuant to the completion of part of all required public improvements. Completion of public improvements is required within two(2)years of posting of the construction guarantee. DATE: November 30,2008 1. Person requesting reduction/release: International Decorators,Inc. 2. Phone Number: 847-526-7477 3. Subdivision: Lot 5,HiPoint Subdivision,Water and Sewer Improvements 4. Type of Construction guarantee: Check/Cash Letter of Credit# X Original surety posted on June 26,2008 Approval date of final plat N/A 5. Original value of construction: $87,590.50 6. Original value of construction guarantee(125%of line 5) $109,487.50 7. Previous reduction(s) Date: N/A Amount: N/A 8. Requested amount of construction guarantee reduction $109,487.50 9. Amount of construction guarantee reduction approved by City Engineer: $109,487.50 10. Actual value of improvements(installed,which are included in reduction) (80%of line 9) $98,202.07(per Contractor's Affidavit) 11. Amount of construction guarantee remaining,if approved $0 12. Amount of maintenance guarantee remaining,if approved(20%of line 10 above) $19,640.41 PENDING COUNCIL ACTION: 13. Amount of construction guarantee reduction approved by McHenry City Council: on resulting in a remaining required construction guarantee of $ and a remaining required maintenance warranty of$ CONSENT AGENDA TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator FOR: February 2, 2009, Regular City Council Meeting RE: Letter of Credit Reduction and Acceptance of MMRI Holdings, Illinois Route 120, Water Main Extension STAFF RECOMMENDATION: To approve the final reduction in the letter of credit for the Illinois Route 120 Water Main Extension, in the amount of $227,014.38, pending the submittal of a Maintenance Bond in the amount of $36,257.14 for a two-year period beginning on February 3, 2009 and ending on February 3, 2011 and accept the public improvement. Attached is a letter of recommendation from Smith Engineering to reduce the existing letter of credit for the Illinois Route 120 Water Main Extension to a balance of zero dollars. This is the final reduction; therefore, the bill of sale and a two-year maintenance guarantee bond will be submitted in the amount of$36,257.14 in conjunction with the simultaneous acceptance of the public improvement. SEC Group, Inc. Engineering ■ Surveying ■ Planning ■ Landscape Architecture January 16,2009 Mr. Douglas P. Martin Deputy City Administrator City of McHenry 333 South Green Street McHenry, Illinois 60050 RE: Route 120 Water Main Improvements—MMRI Holdings Recommendation of Acceptance SEC Job No. MCHE-070632.01 Dear Mr. Martin: SEC Group, Inc. (SEC) has recently completed reviewing the above project for its ability to be accepted. To date, all of the items listed in SEC's Acceptance review letter dated August 6, 2008 have been satisfactorily addressed,with the exception of the Bill of Sale and the Maintenance Guarantee. After a discussion with Mary Beth Adams with MMRI Holdings, SEC has learned that the Bill of Sale is currently being prepared by Steve Kuda and will be submitted to the City once the recapture agreement is in place. The Maintenance Guarantee is also currently being prepared by MMRI's financial institution. Based on the Contractor's Affidavit, the final construction costs for this site totaled $181, 285.68. Appling section 7.4 of the City of McHenry's Subdivision Control Ordinance, the Maintenance Guarantee should be $36,257.14, or 20% of the cost of the improvements. At this time, SEC recommends that, contingent upon receipt of the Bill of Sale and the Maintenance Guarantee, the City accept the above mentioned project and begin its two (2) year Maintenance Period. If you have any questions,please call Bob Wegener or me. Sincerely, SEC GROUP, INC. � J. _ - Chad J. Pieper,P.E. Project Manager CJP/tcs cc: Mr.Jon M. Schmitt—City of McHenry Mr. Robert Wegener,P.E. —SEC Group, Inc. N:Uobs\Smith\2007\070632 MCHE Rt 120 Water Main Extension\Correspondcnce\letters\MCHE-070632.01-Acceptance approval-cjp-011609.doc 4500 Prime Parkway,McHenry,Illinois 60050 t. 815.385.1778 f. 815.385.1781 www.secgroupinc.com CONSENT AGENDA TO: Mayor and City Council FROM: Bill Hobson, Assistant City Administrator FOR: February 2, 2009 Regular City council Meeting RE: Approval of Final Payment—Park& Open Space Master Plan Background. The City Council approved a contract with Bonestroo to complete a Park& Open Space Master Plan for the City of McHenry in 2006. This contract for professional services was approved at a not to exceed figure of$37,300. The city did not receive the final invoice for several months after the final presentation to the City Council in April 2007. Upon receiving the final invoice the total exceeded the maximum allowed under this contract. Staff has discussed this billing with Bonestroo and has received a revised final invoice of $5,855.65. This final invoice and the $31,373.38 paid to date will total $37,229.03 for this completed project. This final total is below the $37,300 maximum as agreed to in the original contract. Staff would recommend the approval of this final payment. Recommendation. To approve the final payment to Bonestroo in the amount of$5,855.65 for the Park& Open Space Master Plan Project 1860 W Winchester Suite 106 Libertyville,IL 600Z Tel 847-816-1631 Fax 847-816-3762 www.bonestroo.co January 9, 2009 7r Bonestr( Mr. Pete Merkel City of McHenry 333 S. Green Street McHenry, IL 60050 Re: Services rendered October 29, 2006 through May 26, 2007 Dear Mr. Merkel: Following our telephone conversation yesterday, I have reviewed the contract documents. It appears the overbilling was a result of direct expenses and staff time, that while actual costs, were not formally approved by the City. Therefore, in order to finalize the outstanding invoice, we have voided the July 3, 2007 invoice in the amount of$7,555.65 and re-issued the attached invoice in the amount of$5,855.65. Project. Name Client Project Amount 001585-06101-0 5-Year Comprehensive Master Plan 163803 $5,855.65 Total Amount Due: $5,855.65 We appreciate your understanding in this matter and look forward to a continued working relationship. Sincerely, BONESTROO Thomas S. Palansky, P.E. Principal Enclosure .._.._.._.._..------------------------..._.._..-.._..-------------------------.._..----------------.._.._.:_.._-.. -Please remit payments to our lockbox: i Bonestroo P.O. Box 1521,"Dept. #1156 _... _.... . . . Minneapolis, MN.55480-1521._ i St.Paul St.Cloud Rochester Milwaukee Chicago 1860 W Winchester Rd Suite 106 Libertyville,IL 60048 Tel 847-816-1631 Fax 847-816-3762 January 9, 2009 Invoice No: 163803 www.bonestroo.com Invoice Amt: $5,855.65 Bonestro Mr.Pete Merkel City of McHenry 333 S Green Street McHenry, IL 60050 Professional Services from October 29, 2006 to May 26, 2007 Project 001585-06101-0 McHenry Parks & Recreation 5-Year Comprehensive Master Plan Update analysis maps. Prepare Master Plan. Prepare for and attend meeting on November 8, 2006. Attend committee meeting on January 31, 2007. Attend final plan meeting on February 21, 2007. Hours Rate Amount Landscape Architect 5.00 100.00 500.00 Landscape Architect 12.00 95.00 1,140.00 Environmental Scientist 1.00 78.00 78.00 Landscape Designer 61.75 45.00 2,778.75 Landscape Designer 4.25 48.00 204.00 Project Technician 17.25 51.00 879.75 Total Labor 101.25 5,580.50 Mileage 112.01 Miscellaneous Expense . 104.64 Printing 58.50 Total Direct Project Expenses 275.15 Total this Invoice $5,855.65 Billings to Date Current Prior Total Hourly 5,580.50 31,055.25 36,635.75 Expenses 275.15 389.10 664.25 Totals 5,855.65 31,444.35 37,300.00 Project 001585-06101-0 McHenry Parks & Recreation 5-Year Invoice 163803 Comprehensive Master Plan All invoices are due and payable within 30 days. Interest will be charged at an annual rate of 18%on all amounts not paid within 30 days. Please remit all invoice payments to our lockbox: Bonestroo PO Box 1521,Dept. #1156 Minneapolis, MN 55480-1521 All other correspondence should continue to be sent to your local Bonestroo office. Page 2 CONSENT AGENDA TO: Mayor and City Council FROM: Douglas K. Maxeiner, City Administrator FOR: February 2, 2009 Regular City Council Meeting RE: Public Works Facility Final Pay Requests Background. At the August 4, 2008 City Council meeting, contracts were awarded to Cornerstone Material Recovery, Inc. in the amount of$9,465; Swederski Concrete in the amount of $67,895; and Raynor Door Authority in the amount of $10,650 for the construction remodeling of the Public Works Facility at 1415 Industrial Drive. Analysis. In September 2008, a change order was authorized for Swederski Concrete in the amount of$3,600 for concrete removal and replacement in the entrance/waiting area. The floor in this area needed to be replaced due to the removal of the spiral staircase. This work was not included in the original scope of work. In November 2008, a change order was authorized for Raynor Door for the installation of two garage door openers in the amount of$1,300. Dixon Construction has reviewed each of the final invoices and recommends approval of the final pay requests. Recommendation. Staff requests the City Council approve the following final pay requests for the Public Works Facility construction remodeling: 1) Cornerstone Material Recovery, Inc. final pay request in the amount of$9,465.00; 2) Swederski Concrete a final pay request in the amount of$71,495.00; and 3) Raynor Door final pay request in the amount of$2,860. Final Pay Requests Contract Information Public Works Garage Project Cornerstone Material Recovery Initial Contract (3/31/08) $30,850 Change Order#1 (6/16/08) 1,440 Change Order#2 (6/16/08) 2,410 Change Order#3 (Re-bid Award 8/4/08) 9,465 Total 44,165 Prior Payments (34,700) Final Pay Request $9,465 Swederski Concrete Initial Contract (8/4/08) $67,895 Change Order#1 (10/3/08) 3,600 Total 71,495 Prior Payments 0 Final Pay Request $71,495 Raynor Door Initial Contract (8/4/08) $10,650 Change Order#1 (11/14/08) 1,300 Total 11,950 Prior Payments (9,090) Final Pay Request $2,860 REGULAR MEETING JANUARY 19, 2009 A Regular Meeting of the McHenry City Council. was called to order by Mayor Low at 7:30 P.M. on Monday, January 19, 2009 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. Absent: City Clerk Jones. PUBLIC HEARING REGARDING THE CREATION OF A BUSINESS DISTRICT CONSISTING OF THE GARY LANG AUTO GROUP PROPERTY LOCATED AT 1103 SOUTH ROUTE 31, FOLLOWED BY: 1. CONSIDERATION AND APPROVAL OF AN ORDINANCE CREATING THE GARY LANG AUTO GROUP BUSINESS DISTRICT COMPRISED OF THE PROPERTY LOCATED AT 1103 SOUTH ROUTE 31: 2. CONSIDERATION AND APPROVAL OF AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE GARY LANG AUTO GROUP BUSINESS DISTRICT PLAN: 3. CONSIDERATION AND APPROVAL OF AN. ORDINANCE PROVIDING AUTHORIZATION FOR THE MAYOR'S SIGNATURE OF THE GARY LANG BUSINESS DISTRICT DEVELOPMENT AGREEMENT Mayor Low at 7:31 p.m. called to order a Public Hearing for consideration of the creation of a Gary Lang Auto Group Business District comprised of the property located at 1103 South Route 31. In attendance was Mr. Gary Lang, owner and proprietor of Gary Lang Auto Group. City Administrator Maxeiner stated the intention is to create a business district to enable the City to enter into a sales tax rebate agreement with Gary Lang, with the rebate capped at the costs of a proposed expansion in the dealership. Staff believes that significant competition exists between municipalities for large generators of sales tax and that it is imperative the City keep Gary Lang's business in the City and to encourage his business to grow. City Administrator Maxeiner stated this matter has been the focus of negotiations for a number of years and is not the result of the recent downturn in the economy. City Administrator Maxeiner noted there are specific procedures in place pursuant to _State Statutes that the City needs to follow to be able to enter into the development agreement with Gary Lang. First, the City has to create a business district and business district plan. Upon closure of the public hearing, Council may choose to consider ordinances which have been prepared to provide for the creation of the Gary Lang Auto Group Business District, the Gary Lang Auto Group Business District Plan, and the Gary Lang Business District Development Agreement. City Administrator Maxeiner outlined the general components of the development agreement. The agreement would expire October 1, 2031 (twenty years following the commencement of the expansion of the business) or at such time as the rebate provided to Lang matches the cost of the improvement. Mr. Lang is required to commence construction January 19,2009 Page 2 on the expansion of the facility no later than August 1, 2011 with occupancy to take place no later than August 1, 2012 (one year later). The sales tax rebate is structured as follows: 1. City retains first $450,000 in sales tax generated by Lang and received by the City; 2. City to rebate 100% of the City's share of sales tax receipts generated by Lang and received by the City between $450,000 and $750,000; 3. City to rebate 60% of the City's share of the sales taxes generated by Lang and received by the City over$750,000; 4. Total amount rebated to Lang will not exceed 55% of the total sales tax receipts generated by Lang and received by the City for the year; 5. Cumulative total of the rebate is capped at the cost of construction including land, construction, engineering, architectural and franchise costs. City Administrator Maxeiner noted the City's only obligation with regard to the development agreement is the rebate incentive. He stressed no additional tax would be imposed as a result of the approval of the development agreement or the creation of the business district and business district plan. Mayor Low invited questions and/or comments from the City Council. Alderman Murgatroyd stated the development agreement has involved a lot of work and negotiations. He opined it would be in the best interest of the City and the business to approve the agreement. Gary Lang Auto Group is a large business and employer in the City and it would be a win-win situation for both the City and Mr. Lang to approve the development agreement as presented. Alderman Glab noted benefits would also be reaped by other taxing districts as a result of Mr. Lang's dealership expansion efforts. He concurred with Alderman Murgatroyd in expressing the positive attributes of approving the development agreement. In response to Mayor Low's inquiry there were no questions or comments from the audience regarding this matter. Deputy Clerk Kunzer confirmed there had been no written or verbal comments received in the Office of the City Clerk relative to the public hearing. City Attorney McArdle pointed out the language of the development agreement has been modified many times. Language modifications were made as late as today, as a result of suggestions made by Mr. Lang's attorney. Even though final language has not been worked out, Staff would recommend moving forward with approving the development agreement this evening rather than bringing this matter back to Council again at a future meeting. The language revisions will not substantively change the agreement. City Attorney McArdle noted Mr. Lang intends to expand his business, but the specifics as to date might not be appropriate, particularly in light of the economy. However, once expansion begins, each phase would be required to be completed within one year, as stated in the agreement. Specific indemnification provisions were also added to the language, as well as the eight required findings relative, to establishing a business district as determined by State Statutes. January 19,2009 Page 3 Motion by Wimmer, seconded by Santi, to close the Public Hearing at 7:38 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Motion by Wimmer, seconded by Murgatroyd, to accept Staffs recommendation to pass an ordinance providing for the creation of the Gary Lang Business District. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Motion by Santi, seconded by Schaefer, to accept Staffs recommendation to pass an ordinance providing for the approval of the Gary Lang Auto Business District Plan, subject to the following: 1. removal of the words "in McHenry" from the first sentence of the second paragraph of the Plan. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Motion by Schaefer, seconded by Murgatroyd, to accept Staffs recommendation to pass an ordinance providing for the Mayors authorization to execute the Gary Lang Business District Development Agreement subject to: 1. City Attorney McArdle confirming language in the agreement allowing for the cost of future expansions during the entire term of the agreement to be included as Qualified Development Costs; 2. inclusion of language providing for full indemnification of the City in the event the agreement is found to be invalid; 3. inclusion of the following findings as prescribed by State Statutes: i. The subject property to which the rebate will relate has remained underutilized for a period of at least one year; ii. The project is expected to create and retain job opportunities within the City; iii. The project will serve to further the development of adjacent areas; iv. Without the agreement, the expansion project would not be possible; v. Gary Lang meets a high standard of creditworthiness.and financial strength; vi. The project will strengthen the commercial sector of the City; vii. The project will enhance the tax base of the City; viii.The project is in the best interest of the City. January 19,2009 Page 4 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. 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 Santi, to approve the Consent Agenda as presented: A. MACC Year 2009 Fiesta Days schedule, special event liquor license, and waiver of all associated fees; B. MACC request for temporary advertising signs for Fiesta Days 2009; C. City Council Minutes: January 12, 2009 Committee of the Whole Meeting; D. List of Bills: ACE HARDWARE, BJORKMAN'S 2,696.16 ACE TOWING & RECOVERY 125.00 ADAMS STEEL SERVICE INC 20.16 AFTERMATH INC 245.00 ARAMARK WORK APPAREL & U 335.40 AUTO TECH CENTERS INC 409.00 B&W CONTROL SYSTEMS INTE 919.83 BIRK, ADRIANA 758.57 BUSS FORD SALES 98.38 CARQUEST AUTO PARTS STOR 101.59 CENTEGRA WORKSITE WELLNE 3,705.00 CHICAGO INTERNATIONAL TR 207.96 CINTAS CORPORATION #355 1,260.14 CONSTELLATION NEWENERGY 11,248.49 CORNERSTONE MATERIAL REC 4,466.00 D'ANGELO NATURAL SPRING 54.25 DUCAK, JASON 79.99 FAMILY SERVICES 5,928.00 FAST EDDIES CAR WASH 143.00 FLESCH COMPANY INC, GORD 427.23 G IMPRESSIONS INC 20.00 GALLS INCORPORATED 134.97 GITZKE, WILLIAM J 229.95 GURRIE, LETITIA 59.79 HONKALA, CHRIS 40.00 HOPP, SHELLY 59.98 IAEI 102.00 INTERSTATE BATTERY SYSTE 34.50 J G UNIFORMS INC 98.56 JOHNS TREE SERVICE 1,500.00 KALE UNIFORMS INC 122.57 KDS TECH SERVICES INC 510.40 KIMBALL MIDWEST 248.80 KING, LAURA 329.38 KTD INC 3.75 LANG PONTIAC-CADILLAC-SU 150.43 MALZAHN, CAROL 76.00 MCCANN INDUSTRIES INC 2,676.36 MCHENRY COMMUNITY HIGH S 53,905.25 MCHENRY COMMUNITY SCHOOL 99,324.75 MCHENRY COUNTY COUNCIL 0 1,564.00 MCHENRY COUNTY RECORDER 200.00 MCHENRY FIRESTONE 1,549.67 MCHENRY NAPA 888.57 January 19,2009 Page 5 MCHENRY PUBLIC LIBRARY 27,034.00 MCHENRY TOWNSHIP FIRE PR 26,968.00 MEYER MATERIAL COMPANY 1,109.61 MIDCO 335.50 MIEWEST HOSE AND FITTING 72.50 MINUTEMAN PRESS OF MCH 316.07 MOORE, DAWN 35.00 MORITZ, SHERRIE 121.93 MORRIS, FRED 50.00 NANAS KITCHEN 32.50 NORTH SUBURBAN WATER 60.00 NORTHWEST ELECTRICAL SUP 24.67 OTTOSEN BRITZ KELLY COOP 700.00 PARKSON CORPORATION 2,270.16 PETROLIANCE LLC 23,623.99 PETTIBONE & CO, P F 59.00 POLERECKY, ROSS 94.95 POPP, LARRY 13.25 PORTER LEE CORPORATION 1,150.00 RADICOM INC 582.00 REGNER, WILLIAM J 109.67 REICHE'S PLUMBING SEWER 100.00 REX AUTO BODY 833.55 RIVERSIDE ANIMAL CLINIC 298.30 RUSHING, RHONDA 125.00 RYAN, NATHAN 167.50 S-F ANALYTICAL LABORATOR 445.00 SEC GROUP INC 26,416.85 SEXTON, ERIC M 50.82 SIRCHIE FINGER PRINT LAB 491.12 SPEER FINANCIAL 389.51 ST PAULS EPISCOPAL CHURC 833.25 STANS OFFICE TECHNOLOGIE 73.34 STAPLES BUSINESS ADVANTA 36.69 SUDSY WASH 30.00 UNIVERSITY OF ILLINOIS P 120.00 USA BLUEBOOK 82.17 VIKING CHEMICAL COMPANY 1,878.40 ZALKE, PATRICIA 30.00 ZINANNI, VICKIE 45.28 ZMT INC 110.00 GRAND TOTALS 316,378.41 FUND TOTALS GENERAL FUND 53,807.08 ANNEXATION FUND 4,129.00 DEVELOPER DONATION FUND 206,995.50 DEBT SERVICE-1997A FUND 389.51 WATER/SEWER FUND 20,308.92 UTILITY IMPROVEMENTS FUND 18,844.50 EMPLOYEE INSURANCE FUND 3,705.00 RISK MANAGEMENT FUND 833.55 INFORMATION TECHNOLOGY FUND 1,485.50 RETAINED PERSONNEL ESCROW 5,879.85 TOTALS 316,378.41 _Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. McHenry Area Chamber of Commerce Chief Executive Officer Kay Bates expressed the Chamber's gratitude to the City for all of its efforts on its behalf. TEMPORARY USE AND SIGN VARIANCE - FIRESTONE COMPLETE AUTOCARE, 3624 DIAMOND DRIVE In attendance was Mr. Rick Tomlinson, Jr., store manager of Firestone Complete AutoCare. January 19,2009 R Page 6 Deputy City Administrator Martin stated Mr. Tomlinson is seeking approval of a temporary use to allow a grand opening event for Firestone's new facility located at 3624 Diamond Drive. The event is scheduled for January 23rd and 24th. The event would include signage announcing the grand opening. Deputy City Administrator Martin noted Mr. Tomlinson is also requesting a sign variance to permit a grand opening banner plus seven flexible flags to be displayed for 30 consecutive days. Additionally, there would be two 10' X 10' inflatable tires and a 15-20' tall red wind dancer inflatable sign. All signs would be posted for 30 days. Deputy City Administrator Martin stated Staff has reviewed the requests and supports the temporary use and sign variance as presented. Alderman Santi inquired if the inflatable signs would be anchored to the ground. Mr. Tomlinson responded the signs would be anchored. The inflatable signs would be deflated and taken in at night. Responding to further inquiry, Mr. Tomlinson stated the business opened on December 8, 2008. Alderman Condon noted she normally would not be in favor of approving so many signs, but recognized that the business it tucked away in the back of the development and the increased signage for the event seems appropriate. Motion by Santi, seconded by Schaefer, to accept Staffs recommendation to approve the following for Firestone Complete AutoCare located at 3624 Diamond Drive: 1. Temporary use to allow a grand opening event on January 23, 2009 and January 24, 2009; 2. Temporary sign variance from January 20, 2009 until February 20, 2009, to allow grand opening signage in accordance with the approved site plan. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ORDINANCE PROVIDING FOR THE RENAMING OF 533 NORTH DRAPER ROAD In attendance was Vernon Schiller, resident of 533 North Draper Road. Deputy City Administrator Martin noted. there are two homes on the property identified as 533 North Draper Road. Mr. Vern Schiller recently approached Staff requesting that one of the residences be re-addressed in an effort to avoid confusion for the U.S. Mail, emergency vehicles, fire district, etc. Mr. Schiller resides at one of the residences; Mr. George Johnson is the owner of the other. Both Mr. Schiller and Mr. Johnson have indicated their approval of re-addressing the farmhouse to 537 North Draper Road. Staff has prepared an ordinance providing for the re-addressing of the farmhouse to 537 North Draper Road. The ordinance would take effect 30 days following its approval. Alderman Murgatroyd opined this should have been done a long time ago. Alderman Glab requested clarification as to why an addressing concern is being January 19,2009 Page 7 brought before Council. Deputy City Administrator Martin responded that when a site is re- addressed Council must approve an ordinance providing for the re-addressing. Motion by Murgatroyd, seconded by Wimmer, to accept Staffs recommendation to pass an ordinance providing for the re-addressing of the farmhouse located at 533 North Draper Road to 537 North Draper Road. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Mr. Schiller thanked Staff and Council for their efficiency in handling his request. COMMITTEE RECOMMENDATION: APPROVE CITY OF MCHENRY ECONOMIC DEVELOPMENT PLAN Deputy City Administrator Martin stated Staff has working on the creation of an economic development plan. The Plan was initiated by the Economic Development Commission at a retreat brainstorming session. The results of that session were transmitted to the Community Development Committee who reviewed, enhanced and updated the suggestions made by the EDC. Deputy City Administrator Martin noted the purpose of the Economic Development Plan is to create a vision statement, and the goals and objectives necessary to establish that vision. He noted this is a dynamic document. The six primary goals are already in place in the Plan. Deputy City Administrator Martin concluded noting the Plan is before Council this evening for approval. Alderman Schaefer stated this is a good plan. Alderman Murgatroyd concurred, noting it is a good working document. Alderman Wimmer reported the document took a long time coming. It will serve the community in years to come. Alderman Condon stated it is important that the City follow its Economic Development Plan. It should be updated on a regular basis. Alderman Santi stated he believed the Plan to be a good working document and it would serve as a guideline for economic development in the City. Alderman Glab stated the document has been a long time in the making. He questioned why it was being presented 11 months after consideration by the Community Development Committee. He opined the Plan should be updated on a regular basis. Alderman Condon opined the Plan could be reviewed annually by the Community Development Committee. Motion by Schaefer, seconded by Condon, to accept the recommendation of the Community Development Committee to approve the City of McHenry Economic Development Plan as presented. January 19,2009 Page 8 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer,.Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR—STATEMENT AND REPORT Mayor Low, noting the inauguration of our new President tomorrow, expressed her desire to publicly thank all of those who volunteer and offer service on behalf of the McHenry Community. . COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS City Administrator Maxeiner announced the Public Works Department has relocated to its new facility on Industrial Drive. In the near future, an open house will be held for Council and the public. FUTURE AGENDA ITEMS Alderman Glab noted clearance signs for the soon-to-be closed Circuit City store are appearing in the right-of-way. He noted walkers with sandwich signs are also present. He inquired if Staff could advise Circuit City's liquidation firm of the City's sign ordinance restrictions. City Administrator Maxeiner responded that Staff would make that contact, although when a bankruptcy is impending sometimes the local ordinances do not apply. EXECUTIVE SESSION: PROPERTY ACQUISITION Motion by Wimmer, seconded by Schaefer, to go into Executive Session at 7:56 p.m. to discuss Property Acquisition. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 8:07 p.m. Motion by Glab, seconded by Wimmer, to go back into Open Session at 8:13 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 8:13 p.m. January 19,2009 Page 9 OPEN SESSION REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION Motion by Wimmer, seconded by Glab, to authorize the Mayor's execution of an easement agreement in the amount of$5,000 with 3622 W. Elm Street LLC. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ADJOURNMENT Motion by Wimmer, seconded by Schaefer, to adjourn the meeting at 8:15 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 8:15 p.m. MAYOR DEPUTY CITY CLERK DATE 1/28/2009 02:47 PM CITY OF MCHENRY PAGE 1 LIST OF BILLS COUNCIL MEETING 2/2/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 9010816 100 33 1077 ACE TOWING & RECOVERY 4960 VEHICLE TOWING SERVICE 02/02/09 0 012809 125.00 100.33.5370 0901 012809 GLJ7936 125.00 012809 9010817 100 41 1438 AMERICAN RED CROSS OF GR 045785R-LIFGUARDING MATERIALS 02/02/09 0 012809 917.21 100.41.6110 0901 012809 GLJ7936 917.21 012809 9010818 510 32 1670 ASHLAND SPECIALTY CHEMIC 92150870 CHEMICALS 02/02/09 0 012809 2,610.00 510.32.6110 0901 012809 GLJ7936 2610.00 012809 9010819 XXXXX XXXXX 1450 AT&T 1/4-2/3/09CENTREX PHONE LINES 02/02/09 0 012809 1,953.02 100.01.5320 0901 012809 GLJ7936 475.96 012809 100.02.5320 0901 012809 GLJ7936 47.60 012809 100.22.5320 0901 012809 GLJ7936 571.41 012809 100.30.5320 0901 012809 GLJ7936 47.60 012809 100.33.5320 0901 012809 GLJ7936 344.78 012809 100.41.5320 0901 012809 GLJ7936 333.82 012809 620.00.5110 0901 012809 GLJ7936 131.85 012809 9010820 510 XXXXX 1450 AT&T 1/4-2/3/09CENTREX PHONE LINES 02/02/09 0 012809 631.62 510.31.5320 0901 012809 GLJ7936 388.93 012809 57.0.32.5320 0901 012809 GLJ7936 242.69 012809 9010821 100 XXXXX 1450 AT&T JAN/FEB 09ALARM CIRCUITS 02/02/09 0 012809 100.08 100.41.5320 0901 012809 GLJ7936 75.22 012809 100.33:5320 0901 012809 GLJ7936 24.86 012809 9010822 100 41 1450 AT&T JAN/FEB 09ALARM CIRCUITS 02/02/09 0 012809 26.06 100.41.5320 0901 012809 GLJ7936 26.06 012809 9010823 100 03 1452 AT&T LONG DISTANCE 856965082 LONG DISTANCE PHONE SERVICE 02/02/09 0 012809 15.11 100.03.5320 0901 012809 GLJ7936 15.11 012809 9010824 100 01 1452 AT&T LONG DISTANCE 813828058 LONG DISTANCE PHONE SERVICE 02/02/09 0 012809 54.93 100.01.5320 0901 012809 GLJ7936 54.93 012809 9010825 100 XXXXX 6289 BANKCARD SERVICES 12/23-1/13SUPPLIES & MISC 02/02/09 O 012809 6,645.67 100.01.6940 0901 012809 GLJ7936 215.88 012809 100.22.5420 0901 012809 GLJ7936 705.60 012809 100.41.6110 0901 012809 GLJ7936 R 5724.19 012809 9010826 620 00 2033 BATTERIES PLUS 296179827 COMPUTER BATTERY 02/02/09 0 012809 125.72 620.00.6110 0901 012809 GLJ7936 125.72 012809 9010827 100 33 2765 BUSS FORD SALES 31234 VEHICLE REPAIR PARTS 02/02/09 O 012809 359.92 100.33.5370 0901 012809 GLJ7936 359.92 012809 9010828 100 33 2765 BUSS FORD SALES 31211 VEHICLE REPAIR PARTS 02/02/09 0 012809 245.76 100.33.5370 0901 012809 GLJ7936 245.76 012809 9010829 100 22 2765 BUSS FORD SALES 31391 VEHICLE REPAIR PARTS 02/02/09 0 012809 23.22 100.22.5370 0901 012809 GLJ7936 23.22 012809 DATE 1/28/2009 02:47 PM CITY OF MCHENRY PAGE 2 LIST OF BILLS COUNCIL MEETING 2/2/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 9010836 510 31 3247 C&H DISTRIBUTORS INC 10576086 SHELVING UNIT 02/02/09 0 012809 340.04 510.31.6110 0901 012809 GLJ7936 340.04 012809 9010837 100 22 3019 CALEA 36200 CONFERENCE REGISTRATION 02/02/09 0 012809 315.00 BROGAN PECHOUS WOOD 100.22.5420 0901 012809 GLJ7936 315.00 012809 9010830 620 00 3135 CDW GOVERNMENT INC MWL7899 COMPUTER SUPPLIES 02/02/09 0 012809 385.09 620.00.6110 0901 012809 GLJ7936 385.09 012809 9010831 620 00 3135 CDW GOVERNMENT INC MWB1511 COMPUTER SUPPLIES 02/02/09 0 012809 705.66 620.00.6110 0901 012809 GLJ7936 705.66 012809 9010832 620 00 3135 CDW GOVERNMENT INC MVV2566 DOCUMENT SCANNER 02/02/09 0 012809 340.13 620.00.6270 0901 012809 GLJ7936 340.13 012809 9010833 620 00 3135 CDW GOVERNMENT INC MXG2503 COMPUTER SUPPLIES 02/02/09 0 012809 244.99 620.00.6270 0901 012809 GLJ7936 244.99 012809 9010834 100 01 19666 CENTURY SPRINGS 2055953 WATER COOLER RENTAL 02/02/09 0 012809 76.05 100.01.5110 0901 012809 GLJ7936 76.05 012809 9010835 100 01 19666 CENTURY SPRINGS 2058354 BOTTLED DRINKING WATER 02/02/09 0 012809 33.60 100.01.6110 0901 012809 GLJ7936 33.60 012809 9010838 100 01 3559 COUNTY CLERKS OFFICE NOTARY COMMISSION 02/02/09 0 012809 10.00 KING 100.01.6940 0901 012809 GLJ7936 10.00 012809 9010839 100 01 3559 COUNTY CLERKS OFFICE NOTARY COMMISSION 02/02/09 0 012809 10.00 KREASSIG 100.01.6940 0901 012809 GLJ7936 10.00 012809 9010840 100 01 3634 CRESCENT ELECTRIC SUPPLY 112126295 ELECTRICAL SUPPLIES 02/02/09 0 012809 112.41 100.01.6110 0901 012809 GLJ7936 112.41 012809 9010841 510 31 3634 CRESCENT ELECTRIC SUPPLY 112126678 ELECTRICAL SUPPLIES 02/02/09 0 012809 95.00 510.31.6110 0901 012809 GLJ7936 95.00 012809 9010842 510 31 3634 CRESCENT ELECTRIC SUPPLY 112126643 ELECTRICAL SUPPLIES 02/02/09 0 012809 95.00 510.31.6110 0901 012809 GLJ7936 95.00 012809 9010843 510 31 3634 CRESCENT ELECTRIC SUPPLY 112126591 ELECTRICAL SUPPLIES 02/02/09 0 012809 255.30 510.31.6110 0901 012809 GLJ7936 255.30 012809 9010844 100 33 3742 CURRAN CONTRACTING COMPA 69744 MATERIALS 02/02/09 0 012809 398.61 100.33.6110 0901 012809 GLJ7936 398.61 012809 9010845 100 33 3742 CURRAN CONTRACTING COMPA 69840 MATERIALS 02/02/09 0 012809 516.00 100.33.6110 0901 012809 GLJ7936 516.00 012809 DATE 1/28/2009 02:47 PM CITY OF MCHENRY PAGE 3 LIST OF BILLS COUNCIL MEETING 2/2/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # IOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 9010846 620 00 3757 CUTTING EDGE COMMUNICATI 3105 KEY CARDS 02/02/09 0 012809 525.00 620.00.6110 0901 012809 GLJ7936 525.00 012809 9010847 100 33 4144 DELL MARKETING LP XD37916R2 PW COMPUTER SERVER 02/02/09 0 012809 2,297.18 100.33.6110 0901 012809 GLJ7936 2297.18 012809 100-1415IND 9010848 510 XXXXX 4144 DELL MARKETING LP XD37916R2 PW COMPUTER SERVER 02/02/09 0 012809 1,183.39 510.31.6110 0901 012809 GLJ7936 1044.17 012809 100-1415IND 510.32.6110 0901 012809 GLJ7936 139.22 012809 100-1415IND 9010849 440 00 4315 DIXON CONSTRUCTION GROUP 123108INDUSTRIAL DR PROJ MGR 02/02/09 0 012809 10,079.94 440.00.8100 61423 0901 012809 GLJ7936 PROJ# 100-1415IND 10079.94 012809 10079.94 100-1415IND 9010850 510 32 4637 DREISILKER ELECTRIC MOTO I622602 SUPPLIES 02/02/09 0 012809 24.93 510.32.6110 0901 012809 GLJ7936 24.93 012809 9010851 100 33 4745 DULTMEIER SALES 1503217 SUPPLIES 02/02/09 0 012809 127.50 . 100.33.5370 0901 012809 GLJ7936 127.50 012809 9010852 510 31 4760 DURA WAX COMPANY INC, TH 328766SUPPLIES 02/02/09 0 012809 180.70 510.31.6110 0901 012809 GLJ7936 180.70 012809 9010853 100 01 4760 DURA WAX COMPANY INC, TH 328721SUPPLIES 02/02/09 0 012809 73.50 100.01.6110 0901 012809 GLJ7936 73.50 012809 9010854 100 41 5514 ENCHANTED CASTLE 7/23/09 R-FIELD TRIP DEPOSIT 02/02/09 0 012809 60.00 100.41.5110 0901 012809 GLJ7936 60.00 012809 9010855 100 22 6026 FAMILY TAILOR SHOP 223731EMPLOYEE UNIFORM ALTERATIONS 02/02/09 0 012809 29.00 BROGAN 100.22.4510 0901 012809 GLJ7936 29.00 012809 9010856 100 22 6032 FBI NAA BROGAN2009 DUES 02/02/09 0 012809 85.00 100.22.5410 0901 012809 GLJ7936 85.00 012809 9010857 440 00 6283 FIREGUARD OF ILLINOIS IN 0814605 . PW FACILITY SPRINKLER SYSTE 02/02/09 0 012809 5,214.60 440.00.8100 0901 012809 GLJ7936 5214.60 012809 100-1415IND 9010858 100 41 6304 FITNESS FIRST 72398AR-PROGRAM SUPPLIES 02/02/09 0 012809 70.05 100.41.6110 0901 012809 GLJ7936 70.05 012809 9010859 100 22 6390 FLESCH COMPANY INC, GORD OH265APRINTER CARTRIDGES 02/02/09 0 012809 217.37 100.22.6110 0901 012809 GLJ7936 217.37 012809 9010860 100 22 6390 FLESCH COMPANY INC, GORD OH2654PRINTER CARTRIDGES 02/02/09 0 012809 122.37 DATE 1/28/2009 02:47 PM CITY OF MCHENRY PAGE 4 LIST OF BILLS COUNCIL MEETING 2/2/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 100.22.6110 0901 012809 GLJ7936 122.37 012809 9010862 100 22 6390 FLESCH COMPANY INC, GORD OGZ322COPIER METER READING 02/02/09 0 012809 98.24 100.22.5110 0901 012809 GLJ7936 98.24 012809 9010862 510 32 6536 FONE ZONE-MCHENRY, THE MC1680CELL PHONE BATTERIES 02/02/09 0 012809 99.98 510.32.6110 0901 012809 GLJ7936 99.98 012809 9010863 100 01 6563 FOX WATERWAY AGENCY 0042549 WATERCRAFT REGISTRATION 02/02/09 0 012809 30.00 100.01.6110 0901 012809 GLJ7936 30.00 012809 9010864 440 00 7012 GARAVENTA USA INC ANTIOC 83148 PW FACILITY CHAIR LIFT 02/02/09 0 012809 11,889.00 440.00.8100 0901 012809 GLJ7936 11889.00 012809 100-1415IND 9010865 100 01 7550 GORNIAK, PATRICK CDL REIMB 02/02/09 0 012809 60.00 100.01.5430 0901 012809 GLJ7936 60.00 012809 9010866 100 22 7640 GREAT LAKES FIRE & SAFET 143425UNIFORM ITEMS 02/02/09 0 012809 108.50 100.22.6110 0901 012809 GLJ7936 108.50 012809 9010867 100 22 7640 GREAT LAKES FIRE & SAFET 143459EMPLOYEE UNIFORMS 02/02/09 0 012809 76.90 REWIAKO 100.22.4510 0901 012809 GLJ7936 76.90 012809 9010868 440 00 8030 HARTWIG PLUMBING & HEATI DRAW #3 PW FACILITY PLUMBING 02/02/09 0 012809 26,932.50 440.00.8100 0901 012809 GLJ7936 26932.50 012809 100-1415IND 9010869 440 00 8030 HARTWIG PLUMBING & HEATI 28484/#4 PW FACILITY PLUMBING 02/02/09 0 012809 13,500.00 440.00.8100 0901 012809 GLJ7936 13500.00 012809 100-1415IND 9010870 510 31 15013 HD SUPPLY WATERWORKS 8421164 SUPPLIES 02/02/09 0 012809 240.00 510.31.6110 0901 012809 GLJ7936 240.00 012809 9010871 510 32 3662 HERITAGE-CRYSTAL CLEAN 11130801 PARTS CLEANER SERVICE 02/02/09 0 012809 124.75 510.32.5110 0901 012809 GLJ7936 124.75 012809 9010872 100 33 3662 HERITAGE-CRYSTAL CLEAN 11130883 PARTS CLEANER SERVICE 02/02/09 0 012809 124.75 100.33.6110 0901 012809 GLJ7936 124.75 012809 9010873 440 00 8524 HOLIAN ASBESTOS REMOVAL 18961 PW FACILITY ASBESTOS REMOVAL 02/02/09 0 012809 410.00 440.00.8100 0901 012809 GLJ7936 410.00 012809 100-1415IND 9010875 100 33 8882 HYDRAULIC SERVICES AND R 240071SUPPLIES 02/02/09 0 012809 88.08 100.33.5370 0901 012809 GLJ7936 88.08 012809 9010876 100 33 8882 HYDRAULIC SERVICES AND R 240110SUPPLIES 02/02/09 0 012809 23.00 100.33.5370 0901 012809 GLJ7936 23.00 012809 DATE 1/28/2009 02:47 PM CITY OF MCHENRY PAGE 5 LIST OF BILLS COUNCIL MEETING 2/2/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 9010882 100 22 9005 IACP 1595898 MEMBERSHIP DUES 02/02/09 0 012809 120.00 BROGAN 100.22.5410 0901 012809 GLJ7936 120.00 012809 9010883 100 22 9005 IACP 1627531 MEMBERSHIP DUES 02/02/09 0 012809 120.00 PECHOUS 100.22.5410 0901 012809 GLJ7936 120.00 012809 9010877 100 01 9083 ICMA 2009 MEMBERSHIP RENEWAL 02/02/09 0 012809 987.14 MAXEINER 100.01.5410 0901 012809 GLJ7936 987.14 012809 9010878 100 22 9413 ILLINOIS STATE POLICE GARDEN QUARTER FINGER PRINTING 02/02/09 0 012809 20.00 100.22.6210 0901 012809 GLJ7936 20.00 012809 9010879 100 04 9415 IMAGETEC LP 58820 COPIER MAINTENANCE AGREEMENT 02/02/09 0 012809 639.85 100.04.5110 0901 012809 GLJ7936 639.85 012809 9010880 100 41 9513 INTEGRA BUSINESS SYSTEMS INV26079 DIGITAL DUPLICATOR INK 02/02/09 0 012809 122.30 100.41.6110 0901 012809 GLJ7936 122.30 012809 9010881 440 00 9515 INTERIOR CONCEPTS INCORP 45223 PW FACILITY RESTROOMS/LOCKERS 02/02/09 0 012809 9,924.00 440.00.8100 0901 012809 GLJ7936 9924.00 012809 100-1415IND 9010884 440 00 10020 JACK FROST IRON WORKS IN 9489-3PW FACILITY HVAC SUPPORTS 02/02/09 0 012809 7,650.00 440.00.8100 0901 012809 GLJ7936 7650.00 012809 100-1415IND 9010885 440 00 10745 JUST RITE ACOUSTICS INC 29841 PW FACILITY ACOUSTIC CEILING 02/02/09 0 012809 12,573.00 440.00.8100 0901 012809 GLJ7936 12573.00 012809 100-1415IND 9010886 100 22 11025 KALE UNIFORMS INC 304813EMPLOYEE UNIFORMS 02/02/09 0 012809 685.80 100.22.4510 0901 012809 GLJ7936 K COX 45.74 012809 100.22.4510 0901 012809 GLJ7936 K KLEAN 236.69 012809 100.22.4510 0901 012809 GLJ7936 PECHOUS 201.69 012809 100.22.4510 0901 012809 GLJ7936 ROSKE 201.68 012809 9010887 100 22 11025 KALE UNIFORMS INC 307830EMPLOYEE UNIFORMS 02/02/09 0 012809 31.80 DUCAK 100.22.4510 0901 012809 GLJ7936 31.80 012809 9010888 100 22 11025 KALE UNIFORMS INC 305409EMPLOYEE UNIFORMS 02/02/09 0 012809 98.25 100.22.4510 0901 012809 GLJ7936 FUNK 16.85 012809 100.22.4510 0901 012809 GLJ7936 ROSKE 81.40 012809 9010889 100 33 11286 KIM13ALL MIDWEST 924257SUPPLIES 02/02/09 0 012809 127.63 100.33.5370 0901 012809 GLJ7936 127.63 012809 DATE 1/28/2009 02:47 PM CITY OF MCHENRY PAGE 6 LIST OF BILLS COUNCIL MEETING 2/2/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 9010890 100 33 7 KIRCHNER, ANDREA MAILBOX DAMAGE REIMB 02/02/09 0 012809 50.00 100.33.6110 0901 012809 GLJ7936 50.00 012809 9010891 100 41 11300 KITTL, AMBROSE M 1/29/09 IPRA CONFERENCE CLASS CHANG 02/02/09 0 012809 50.00 100.41.5430 0901 012809 GLJ7936 50.00 012809 9010892 100 01 11301 KIWANIS CLUB OF MCHENRY 1 YEARQUARTERLY DUES 02/02/09 0 012809 590.00 GERAGHTY 100.01.5410 0901 012809 GLJ7936 590.00 012809 9010893 100 04 11635 KRANZ, ANNE CLOTHING ALLOWANCE REIMB 02/02/09 0 012809 25.76 100.04.4510 0901 012809 GLJ7936 25.76 012809 9010894 100 41 12017 LANG PONTIAC-CADILLAC-SU 74087 VEHICLE REPAIR PARTS 02/02/09 0 012809 33.54 100.41.5370 0901 012809 GLJ7936 33.54 012809 9010896 440 00 13044 MAY DECORATING II INC 33249 PW FACILITY PAINTING 02/02/09 0 012809 6,300.00 440.00.8100 0901 012809 GLJ7936 6300.00 012809 100-1415IND 9010895 440 00 12360 MCCAULEY, MARTIN E 14946 PW FACILITY HVAC 02/02/09 0 012809 30,600.00 440.00.8100 0901 012809 GLJ7936 30600.00 012809 100-1415IND 9010897 510 31 14246 MCHENRY ANALYTICAL WATER 805595WATER SAMPLE ANALYSIS 02/02/09 0 012809 100.00 510.31.6110 0901 012809 GLJ7936 100.00 012809 9010898 510 31 14246 MCHENRY ANALYTICAL WATER 805654WATER SAMPLE ANALYSIS 02/02/09 0 012809 20.00 51.0.31.6110 0901 012809 GLJ7936 20.00 012809 9010899 100 22 14253 MCHENRY COUNTY CHIEFS OF BROGANASSOCIATION DUES 02/02/09 0 012809 35.00 100.22.5410 0901 012809 GLJ7936 35.00 012809 9010900 100 22 14253 MCHENRY COUNTY CHIEFS OF PECHOUS ASSOCIATION DUES 02/02/09 0 012809 35.00 100.22.5410 0901 012809 GLJ7936 35.00 012809 9010901 100 22 14253 MCHENRY COUNTY CHIEFS OF JONES ASSOCIATION DUES 02/02/09 0 012809 35.00 100.22.5410 0901 012809 GLJ7936 35.00 012809 9010902 100 33 13172 MEYER MATERIAL COMPANY 218392MATERIALS 02/02/09 0 012809 418.56 100.33.6110 0901 012809 GLJ7936 418.56 012809 9010903 100 33 13172 MEYER MATERIAL COMPANY 218420MATERIALS 02/02/09 0 012809 351.83 100.33.6110 0901 012809 GLJ7936 351.83 012809 9010904 100 33 13172 MEYER MATERIAL COMPANY 218306MATERIALS 02/02/09 0 012809 394.93 100.33.6110 0901 012809 GLJ7936 394.93 012809 9010905 100 33 13172 MEYER MATERIAL COMPANY 218179MATERIALS 02/02/09 0 012809 476.55 100.33.6110 0901 012809 GLJ7936 476.55 012809 DATE 1/28/2009 02:47 PM CITY OF MCHENRY PAGE 7 LIST OF BILLS COUNCIL MEETING 2/2/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE -------------------------------------------------------------------------------------------------------------- 9010906 100 33 13172 MEYER MATERIAL COMPANY 218220MATERIALS 02/02/09 0 012809 588.87 100.33.6110 0901 012809 GLJ7936 588.87 012809 9010907 100 22 13279 MID-STATES ORGANIZED CRI 11196 ANNUAL MEMBERSHIP 02/02/09 0 012809 250.00 100.22.5410 0901 012809 GLJ7936 250.00 012809 9010908 XXXXX XXXXX 15169 NEXTEL 639911516 CELL PHONE SERVICES 02/02/09 0 012809 2,658.65 100.01.5320 0901 012809 GLJ7940 201.21 012809 100.02.5320 0901 012809 GLJ7940 311.72 012809 100.22.5320 0901 012809 GLJ7940 1419.56 012809 100.30.5320 0901 012809 GLJ7940 109.92 012809 100.33.5320 0901 012809 GLJ7940 272.35 012809 620.00.5320 0901 012809 GLJ7940 62.75 012809 100.41.5320 0901 012809 GLJ7940 278.14 012809 100.01.5320 0901 012809 GLJ7940 3.00 012809 9010909 510 XXXXX 15169 NEXTEL 639911516 CELL PHONE SERVICES 02/02/09 0 012809 328.92 510.31.5320 0901 012809 GLJ7940 225.84 012809 510.32.5320 0901 012809 GLJ7940 103.08 012809 9010910 100 41 15545 NICOR GAS DEC/JAN UTILITIES 02/02/09 0 012809 1,366.85 100.41.5510 0901 012809 GLJ7940 1366.85 012809 9010911 510 XXXXX 15545 NICOR GAS DEC/JAN UTILITIES 02/02/09 0 012809 5,794.70 510.31.5510 0901 012809 GLJ7940 2176.95 012809 510.32.5510 0901 012809 GLJ7940 3617.75 012809 9010912 100 22 15532 NORTH EAST MULTI-REGIONA 116192TRAINING FEE 02/02/09 0 012809 50.00 100.22.5430 0901 012809 GLJ7940 50.00 012809 9010913 510 31 15553 NORTH SUBURBAN WATER 2/12/09 MONTHLY LUNCHEON MEETING 02/02/09 0 012809 45.00 510.31.5430 0901 012809 GLJ7940 45.00 012809 9010915 100 33 15557 NORTHWEST ELECTRICAL.SUP 860760ELECTRICAL SUPPLIES 02/02/09 0 012809 32.00 100.33.6110 0901 012809 GLJ7940 32.00 012809 9010916 100 22 15669 NORTHWESTERN UNIVERSITY 16471 STAFF & COMMMAND GRADUATION 02/02/09 0 012809 66.00 100.22.5420 0901 012809 GLJ7940 66.00 012809 9010914 100 03 15561 NWBOCA 2009 ANNUAL MEMBERSHIP RENEWAL 02/02/09 0 012809 160.00 100.03.5410 0901 012809 GLJ7940 160.00 012809 9010919 100 41 1 O'ROURKE, DANIEL PARKS PROGRAM REFUND 02/02/09 0 012809 125.00 100.41.3637 0901 612809 GLJ7940 125.00 012809 9010917 510 32 16416 OLSEN SAFETY EQUIPMENT C 216328SUPPLIES 02/02/09 0 012809 142.34 510.32.6110 0901 012809 GLJ7940 142.34 012809 9010918 100 41 16636 ORIENTAL TRADING CO INC 629716442 R-PARKS PROGRAM SUPPLIES 02/02/09 0 012809 156.48 100.41.6110 0901 012809 GLJ7940 156.48 012809 DATE 1/28/2009 02:47 PM CITY OF MCHENRY PAGE 8 LIST OF BILLS COUNCIL MEETING 2/2/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT , CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ----------------------------------------------------------------------------------------------------- 9010920 100 41 17163 PENZE, JACQUELINE S 1/10/09 R-PARKS PROGRAM INSTRUCTOR 02/02/09 0 012809 200.00 100.41.5110 0901 012809 GLJ7941 200.00 012809 9010921 100 41 2532 PETROLIANCE LLC 1071315 VEHICLE FUEL 02/02/09 0 012809 424.57 100.41.6250 0901 012809 GLJ7941 424.57 012809 9010922 100 41 2532 PETROLIANCE LLC 1071224 VEHICLE FUEL 02/02/09 0 012809 145.52 100.41.6250 0901 012809 GLJ7941 145.52 012809 9010923 100 03 2532 PETROLIANCE LLC 1071221 VEHICLE FUEL 02/02/09 0 012809 105.64 100.03.6250 0901 012809 GLJ7941 105.64 012809 9010924 100 33 2532 PETROLIANCE LLC 1071163 VEHICLE FUEL 02/02/09 0 012809 266.61 100.33,6250 0901 012809 GLJ7941 266.61 012809 9010925 100 33 2532 PETROLIANCE LLC 1071104 VEHICLE FUEL 02/02/09 0 012809 797.86 100.33.6250 0901 012809 GLJ7941 797.86 012809 9010926 100 03 2532 PETROLIANCE LLC 1071312 VEHICLE FUEL 02/02/09 0 012809 18.25 100.03.6250 0901 012809 GLJ7941 18.25 012809 9010927 100 22 2532 PETROLIANCE LLC 1071313 VEHICLE FUEL 02/02/09 0 012809 1,055.99 100.22.6250 0901 012809 GLJ7941 1055.99 012809 9010928 100 22 2532 PETROLIANCE LLC 1071222 VEHICLE FUEL 02/02/09 0 012809 1,570.04 100.22.6250 0901 012809 GLJ7941 1570.04 012809 9010929 100 22 2532 PETROLIANCE LLC 1071162 VEHICLE FUEL 02/02/09 0 012809 687.53 100.22.6250 0901 012809 GLJ7941 687.53 012809 9010930 510 32 2532 PETROLIANCE LLC 1071107 VEHICLE FUEL 02/02/09 0 012809 214.23 510.32.6250 0901 012809 GLJ7941 214.23 012809 9010931 100 33 2532 PETROLIANCE LLC 8621993 MEDALLION PLUS PERFORMANCE 02/02/09 0 012809 2,881.48 100.33.6250 0901 012809 GLJ7941 2881.48 012809 9010932 510 31 2532 PETROLIANCE LLC 8621994 MEDALLION PLUS PERFORMANCE 02/02/09 0 012809 523.39 510.31.6250 0901 012809 GLJ7941 523.39 012809 9010933 100 33 2532 PETROLIANCE LLC 8621751 VEHICLE MAINTENANCE FLUIDS 02/02/09 0 012809 1,203.20 100,33.6250 0901 012809 GLJ7941 1203.20 012809 9010934 510 32 2532 PETROLIANCE LLC 8621996 MEDALLION PLUS PERFORMANCE 02/02/09 0 012809 290.78 510.32.6250 0901 012809 GLJ7941 290.78 012809 9010935 100 22 2532 PETROLIANCE LLC 8621995 MEDALLION PLUS PERFORMANCE 02/02/09 0 012809 193.85 100.22.6250 0901 012809 GLJ7941 193.85 012809 9010936 100 04 17154 PETTIBONE & CO, P F 17011 SUPPLIES 02/02/09 0 012809 165.00 100.04.5330 0901 012809 GLJ7941 165.00 012809 DATE 1/28/2009 02:47 PM CITY OF MCHENRY PAGE 9 LIST OF BILLS COUNCIL MEETING 2/2/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 9010937 440 00 17285 PHOENIX WOODWORKING CORP 10236 PW FACILITY CABINETRY 02/02/09 0 012809 1,295.24 440.00.8100 0901 012809 GLJ7941 1295.24 012809 100-1415IND 9010938 100 22 17640 PRECISION SERVICE & PART 06070731 SUPPLIES 02/02/09 0 012809 91.19 100.22.5370 0901 012809 GLJ7941 91.19 012809 9010939 100 22 7 RALEIGH MARRIOTT CITY CE 3/20-22/09CALEA CONFERENCE LODGING 02/02/09 0 012809 667.48 BROGAN PECHOUS WOOD 100.22.5420 0901 012809 GLJ7941 667.48 012809 9010940 100 41 20007 SADOWSKI, LISA FALL08R-PARK PROGRAM INSTRUCTOR 02/02/09 0 012809 59.40 100.41.5110 0901 012809 GLJ7941 59.40 012809 9010941 100 41 20008 SAFARI LAND LLC 6/25/09 R-PARKS FIELD TRIP DEPOSIT 02/02/09 0 012809 100.00 100.41.5110 0901 012809 GLJ7941 100.00 012809 9010942 100 41 20086 SCHATZ, DONALD 2/11/09 R-PARKS PROGRAM DJ SERVICES 02/02/09 0 012809 195.00 100.41.6920 0901 012809 GLJ7941 195.00 012809 9010943 580 32 20430 SEC GROUP INC 355592SWWTP EXPANSION DESIGN 02/02/09 0 012809 42,247.84 580.32.8500 21124 0901 012809 GLJ7941 PROJ# 580-SWWTP 42247.84 012809 42247.84 580-SWWTP 9010944 580 31 20430 SEC GROUP INC 355490WATER TOWER #2 02/02/09 0 012809 641.25 580.31.8500 80108 0901 012809 GLJ7941 PROJ# 580-ELVTK02 641.25 012809 641.25 580-ELVTK02 9010945 100 30 20430 SEC GROUP INC 355489IDOT ROUTE 31 PROJECT 02/02/09 0 012809 32.50 100.30.5110 0901 012809 GLJ7941 32.50 012809 9010946 100 22 20172 SEXTON, ERIC M EMPLOYEE UNIFORM DRY CLEANING 02/02/09 0 012809 33.60 100,22.4510 0901 012809 GLJ7941 33.60 012809 9010947 100 01 20250 SHERMAN MECHANICAL INC S45927PLUMBING SERVICES 02/02/09 O 012809 245.00 100.01.5110 0901 012809 GW7941 245.00 012809 9010948 100 01 20250 SHERMAN MECHANICAL INC S45924CLIMATE CONTROL SERVICE WORK 02/02/09 0 012809 390.00 100.01.5110 0901 012809 GLJ7941 390.00 012809 9010949 100 01 20250 SHERMAN MECHANICAL INC S45926CLIMATE CONTROL SERVICE WORK 02/02/09 0 012809 260.00 100.01.5110 0901 012809 GLJ7941 260.00 012809 9010950 100 01 20250 SHERMAN MECHANICAL INC S45925CLIMATE CONTROL SERVICE WORK 02/02/09 0 012809 130.00 100.01.5110 0901 012809 GLJ7941 130.00 012809 9010951 100 22 20292 SIG SAUER INC 605894TRAINING 02/02/09 0 012809 395.00 100.22.5420 0901 012809 GLJ7941 395.00 012809 9010953 100 02 20582 SPRINT 523579813 CELL PHONE 02/02/09 0 012809 72.27 100.02.5320 0901 012809 GLJ7941 72.27 012809 DATE 1/28/2009 02:47 PM CITY OF MCHENRY PAGE 10 LIST OF BILLS COUNCIL MEETING 2/2/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ----------------------------------------------------------------------------------------------------------- 9010954 XXXXX XXXXX 20711 STAPLES BUSINESS ADVANTA 8011510192OFFICE SUPPLIES 02/02/09 0 012809 310.19 100.01.6210 0901 012809 GLJ7941 55.84 012809 100.02.6210 0901 012809 GLJ7941 4.99 012809 100.03.6210 0901 012809 GLJ7941 6.98 012809 100.04.6210 0901 012809 GLJ7941 67.03 012809 100.00.6210 0901 012809 GLJ7941 1219.08CR 012809 100.22.6210 0901 012809 GLJ7941 294.75 012809 100.41.6210 0901 012809 GLJ7941 55.84 012809 620.00.6210 0901 012809 GLJ7941 22 559.00 012809 620.00.6210 0901 012809 GLJ7941 41 139.98 012809 100.00.6210 0901 012809 GLJ7941 132.18 012809 100.02.6210 0901 012809 GLJ7941 11.38 012809 100.03.6210 0901 012809 GLJ7941 171.05 012809 100.22.6210 0901 012809 GLJ7941 30.25 012809 9010955 510 32 20711 STAPLES BUSINESS ADVANTA 8011510192OFFICE SUPPLIES 02/02/09 0 012809 34.67 510.32.6210 0901 012809 GLJ7941 34.67 012809 9010956'100 22 20705 STAPLES CREDIT PLAN 12/18/08 OFFICE CHAIRS 02/02/09 0 012809 719.94 100.22.6270 0901 012809 GLJ7941 719.94 012809 9010957 100 22 20728 STONE, TANYA L POSC340C TUITION REIMB 02/02/09 0 012809 630.00 100.22.5440 0901 012809 GLJ7941 630.00 012809 9010958 100 22 20888 SYMBOLARTS 103453-IN BADGES 02/02/09 0 012809 315.00 100.22.6110 0901 012809 GLJ7941 315.00 012809 9010959 100 22 20888 SYMBOLARTS 104358-IN BADGES 02/02/09 0 012809 150.00 100.22.6110 0901 012809 GLJ7941 150.00 012809 9010960 100 41 21144 TEAM REIL INC 081542EAGLE SCOUT MINI SHELTER PROJ 02/02/09 0 012809 2,371.00 100.41.6110 0901 012809 GLJ7941 M 2371.00 012809 9010961 100 41 1 TONYAN, JANICE PARKS PROGRAM REFUND 02/02/09 0 012809 15.00 100.41.3636 0901 012809 GLJ7941 15.00 012809 9010962 440 00 21651 TRI-STATE CARPET & DECOR #3 PW FACILITY FLOORING 02/02/09 0 012809 15,687.16 440.00.8100 0901 012809 GLJ7941 15687.16 012809 100-1415IND 9010963 510 32 22669 USA BLUEBOOK 742400SUPPLIES 02/02/09 0 012809 179.99 510.32.6110 0901 012809 GLJ7941 179.99 012809 9010964 620 00 23152 VERIZON WIRELESS 1955965704WIRELESS INTERNET SERVICES 02/02/09 0 012809 55.02 620.00.5110 0901 012809 GLJ7941 55.02 012809 9010965 620 00 23152 VERIZON WIRELESS 1955965705WIRELESS INTERNET SERVICES 02/02/09 0 012809 55.02 620.00.5110 0901 012809 GLJ7941 55.02 012809 9010966 510 31 23152 VERIZON WIRELESS 1957255867GPS RECEIVER EQUIPMENT SERV 02/02/09 0 012809 45.06 DATE 1/28/2009. 02:47 PM CITY OF MCHENRY PAGE 11 LIST OF BILLS COUNCIL MEETING 2/2/09 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 510.31.5320 0901 012809 GLJ7941 45.06 012809 9010967 100 41 1 VIDALES, HENRY PARKS PROGRAM REFUND 02/02/09 0 012809 5.00 100.41.3637 0901 012809 GLJ7941 5.00 012809 9010968 510 32 23287 VIKING CHEMICAL COMPANY 185890CHEMICALS 02/02/09 0 012809 4,577.54 510.32.6110 0901 012809 GLJ7941 4577.54 012809 9010969 510 32 23287 VIKING CHEMICAL COMPANY 185811CHEMICALS 02/02/09 0 012809 776.00 510.32.6110 0901 012809 GLJ7941 776.00 012809 9010970 100 22 24017 WALAT, HOLLY UNIFORM ALLOWANCE REIMS 02/02/09 0 012809 161.26 100.22.4510 0901 012809 GLJ7941 161.26 012809 9010971 100 XXXXX 24020 WALMART COMMUNITY DEC/JAN SUPPLIES 02/02/09 0 012809 562.71 100.01.6110 0901 012809 GLJ7941 254.39 012809 100.22.6210 0901 012809 GLJ7941 282.39 012809 100.41.6110 0901 012809 GLJ7941 R 25.93 012809 9010972 510 32 24028 WASTE MANAGEMENT OF WI P 1503522904SLUDGE DISPOSAL SERVICES 02/02/09 0 012809 5,492.46 510.32.5580 0901 012809 GLJ7941 5492.46 012809 9010973 100 01 27765 ZUKOWSKI ROGERS FLOOD & 82225 LEGAL FEES - CORP 02/02/09 0 012809 4,222.50 100.01.5230 0901 012809 GLJ7941 4222.50 012809 9010974 100 01 27765 ZUKOWSKI ROGERS FLOOD & 82228 LEGAL FEES - CORP 02/02/09 0 012809 4,800.00 100.01.5230 0901 012809 GLJ7941 4800.00 012809 9010975 740 00 27765 ZUKOWSKI ROGERS FLOOD & 82226 TIF DISTRICT - CURTIS 02/02/09 0 012809 8,010.50 740.00.5230 0901 012809 GLJ7941 8010.50 012809 9010976 740 00 27765 ZUKOWSKI ROGERS FLOOD & 82229 HISTORIC MCHENRY LLC 02/02/09 0 012809 1,740.00 740.00.5230 0901 012809 GLJ7941 1740.00 012809 EXPENDED LIQUID ACCRUAL GRAND TOTALS 284,758.91 RECAP TOTALS EXPENDED LIQUID ACCRUAL FUND TOTALS 100 GENERAL FUND 52,287.88 440 CAPITAL IMPROVEMENTS FUND 152,055.44 10,079.94 510 WATER/SEWER FUND 24,445.79 580 UTILITY IMPROVEMENTS FUND 42,889.09 42,889.09 620 INFORMATION TECHNOLOGY FUND 3,330.21 740 RETAINED PERSONNEL ESCROW 9,750.50 **** 284,758.91 52,969.03 r T AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin,Deputy City Administrator FOR: February 2,2009 Regular City Council Meeting RE: Various Text Amendments to the Zoning Ordinance and Municipal Code STAFF RECOMMENDATION: Approval of the attached ordinance regarding the proposed zoning text amendments concerning "Integrated Design District" and "Zoning Administrator"text alterations and amending the Municipal Code regarding language replacing Community Development Department with Construction and Neighborhood Services Department; COMMITTEE RECOMMENDATIONS: Approval of the attached ordinance regarding proposed zoning text amendments to accessory structures; Approval of the attached ordinance with regards to the proposed zoning text amendments regarding neon signs; Approval of the attached ordinance with regards to the zoning text amendments regarding moving signs and Advertising Nuisances; Background From time-to-time staff or the City Council comes across a provisfon(s) in the Zoning Ordinance that requires amendment or further review and investigation. Zoning amendments are presented and discussed at a Community Development Committee meeting. Thereafter,the City Council directs staff to prepare for a public hearing before the Planning and Zoning Commission prior to eventually returning to the City Council for final consideration. Staff Analysis Planned Unit Development to Integrated Design District In 2005, an ordinance amendment to Chapter XI of the Zoning Ordinance deleted the Planned Unit Development(PUD) ordinance and created the Integrated Design District(IDD)regulations which are currently in place. The ordinance called for all references to PUD be changed to IDD in the Zoning Ordinance. However, some references were not located and changed originally resulting in the amendments proposed. Community Development Department to Zoning Administrator The current Construction and Neighborhood Services Department has operated under a few different names over the past several years; previously known as the Community Development Department and prior to that the Building and Zoning Department and now Construction and Neighborhood Services Department. With each change, corresponding amendments and/or updates need to be made to the Municipal Code and Zoning Ordinance, as well as the Subdivision Control and Development Ordinance. To prevent numerous amendments each time the name of the department changes, responsibilities change or are transferred all references to planning and zoning responsibilities will now be changed to Zoning Administrator. Regardless of title or position, this will allow whoever is responsible for planning and zoning actions to have the right to do so by being labeled the Zoning Administrator. Building Height of Accessory Structures Last year the Community Development Committee considered existing height requirements for accessory structures. As a result the attached amendments are being proposed. These changes will regulate accessory structures in relation to the size of the lot and corresponding setback from the property lines. The purpose of these amendments is basically to govern the size of the accessory structure and-in some cases design-in relation to the lot size. Larger lots would be permitted larger accessory structures with the converse true for smaller lots. Staff considered the regulation of height but in doing research found that the way the City regulates height is not atypical. Staff is suggesting it is not the height but the mass or mere presence of a larger accessory structure which can overwhelm a neighborhood and surrounding properties. Neon Signs Recently, the Community Development Committee reviewed the sign ordinance with regards to neon signs. As a result the attached amendments are being proposed requiring neon signs to be permitted and undergo the normal review process. The review will ensure that no neon sign covers more than 50% of any window pane and that the total square footage of all neon signs for any business does not exceed 0.25 times the linear frontage of the building or business space. The purpose of these amendments is to make certain that neon signs do not dominate a business and/or impede or cause a traffic hazard. Moving Signs The Planning and Zoning Commission may recall the amendment to the Zoning Ordinance which essentially prohibited people from dressing-up in costumes and being located on the side of a roadway to attract customers to a particular business. Among the businesses which utilized this type of advertising (termed "gorilla advertising") was Liberty Tax Service on west Illinois Route 120. Recently, the City was approached by a representative from Liberty Tax Service requesting the City reevaluate and potentially reconsider their position of prohibiting these types of signs. Subsequently, the Community Development Committee discussed the issues relating to moving signs, specifically these costumed persons located adjacent to roadways. The conclusion of the Committee was that these types of signs can be a distraction to motorists, thus a safety concern to the motoring public as well as the person in the costume promoting the business. In addition, people in these costumes often induce drivers to honk their horns which also can create a disturbance. Finally, the Committee was concerned about the potential proliferation of these costumed persons which would exacerbate these problems around town constituting a nuisance to the general public. As a result, the attached amendments are being proposed. These changes outline a new definition for moving signs and prohibit people to act as a moving sign and also, under certain conditions and circumstances, declare them an"advertising nuisance"to the community at-large. Planning and Zoning Commission The Planning and Zoning Commission unanimously recommended approval of all the requests with the exception to the request for moving signs which was 6-1. Minutes from the meeting are attached to this supplement. ORDINANCE NO. MC-09- An Ordinance Amending City of McHenry Municipal Code And Zoning Ordinance: Text Corrections Relating to Integrated Design District, Zoning Administrator, Planning and Zoning Commission, Construction and Neighborhood Services Department BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, as follows: SECTION 1: That the City of McHenry Municipal Code, including all Chapters, Sections and Subsections, shall be amended as follows: a. All references to Planned Unit Development (PUD) shall be replaced with Integrated Design District(IDD); b. All references to Community Development Department shall be replaced with Construction and Neighborhood Services Department; c. All references to Zoning Board of Appeals shall be replaced with Planning and Zoning Commission; SECTION 2: That the City of McHenry Zoning Ordinance, including all Chapters, Sections and Subsections, shall be amended as follows: a. All references to Planned Unit Development (PUD) shall be replaced with Integrated Design District(IDD); b. All references to Community Development Department and/or Director of Community Development shall be replaced with Zoning Administrator; c. All references to Zoning Board of Appeals shall be replaced with Planning and Zoning Commission; SECTION 3: If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof,which remainder shall remain and continue in full force and effect. SECTION 4: All ordinances or parts thereof in conflict are hereby repealed to the extent of such conflict. SECTION 5: This ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form as provided by law. Passed and approved this day of ,200 . Voting Aye Voting Nay: Not Voting: Abstaining: Absent: SIGNED: --------------------------------------------- Mayor ATTEST:------------------------------------------------------- City Clerk ORDINANCE NO. MC-09- An Ordinance Amending City of McHenry Zoning Ordinance Relating to Bulk Area Requirements for Accessory Structures BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, as follows: SECTION 1: That the City of McHenry Zoning Ordinance Chapter X, Accessory Uses, Yards and Fences, Table 20, Standards for Accessory Structures be repealed and replaced as follows: Table 20: Standards for Accessory Structures 1) Maximum HEIGHT in Residential Districts: In feet 17 In stories 1 2) Maximum COVERAGE of required REAR YARD [a]: 35% 3) Minimum SETBACK from any LOT LINE in feet [b]: 3 4) Minimum SETBACK from Principal or Other Accessory BUILDING in feet: Size of Accessory Building Rear Yard Setback Setback from Principal and Other Accessory Buildings [fJ Less than 500 sq ft 3 feet 10 feet 500-750 sq ft [e] 25% [c] 15 feet 750-1001 sq ft [e] 50% [c] 20 feet 5) Maximum NUMBER& SIZE of Residential Accessory Buildings [d]: Maximum Number Permitted Maximum Floor Area in Sq Ft Detached Garage 1 1,000 sq ft All Other Accessory Buildings 1 300 sq ft Cumulative for All Accessory Buildings 2 1,000 sq ft MC-99-729 [a] Cumulative for all accessory structures in rear yard. Excludes areas occupied by open patios and decks and swimming pools. Percentage of coverage applies to area of actual Required Rear Yard when it is smaller than area of required rear yard. [b] Except fences, walls, landscape screens, berms and hedges. Structures are subject also to the yard requirements of Table 19, which may impose greater setbacks from lot lines for certain structures. [c] Expressed as a percentage of the principal building rear yard setback. [d] On residential lots in any RS District [e] All accessory buildings 500 sq ft and greater must use same building materials and color as the principal building. [f] Except enclosed decks and patios and accessory uses that are structurally a part of the principal building; except a shed having a floor area of less than 100 sq ft and a height of less than 10 ft. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances or parts thereof in conflict are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form as provided by law. Passed and approved this day of ,200 . Voting Aye Voting Nay: Not Voting: Abstaining: Absent: SIGNED: --------------------------------------------- Mayor ATTEST:------------------------------------------------------- City Clerk ORDINANCE NO. MC-09- An Ordinance Amending City of McHenry Zoning Ordinance: Chapter IX Signs,Neon Signs BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, as follows: SECTION 1: That the City of McHenry Zoning Ordinance, Chapter IX, Signs, B. General Provisions, subsection 9. Neon Signs is hereby added as follows: 9. NEON SIGNS Neon Signs are only permitted in non-residential zoning districts on interior windows in accordance with the following provisions and requirements of Table 18: a. Only one neon sign is permitted per window pane; b. Neon signs shall not be used to outline windows and doors, accentuate or trim architectural features or outline borders of signs or buildings; c. Neon signs shall not cover more than 50% of any window pane. SECTION 2: That Chapter IX Signs, Section D Sign Standards, subsection 2. Illumination, paragraph f.Neon be amended to read as follows: f. No sign shall use visible neon tubing except for interior window signs (see IX(b)(9) Table 18). SECTION 3: That Chapter IX Signs, Table 18 be amended to include the following in each of the following categories: Commercial Uses, Shopping Center Uses, Business Park Uses, and Health Care Uses: Sign Type Number Maximum Area Max Min Permitted Height Setback Neon Signs Wall 1(g) Wall - .25 sf per foot of building frontage [g] Only one neon sign is permitted per window pane; see additional regulations in Section IX)B)(9). SECTION 4: That IX Signs, Chapter XIX. Definitions, be amended by adding the following definition: SIGN, NEON: Sign utilizing neon gas tub illumination effected by a light source consisting of a neon tube which is bend to form letters, symbols, or other shapes. SECTION 5: If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 6: All ordinances or parts thereof in conflict are hereby repealed to the extent of such conflict. SECTION 7: This ordinance shall be in.full force and effect upon its passage, approval and publication in pamphlet form as provided by law. Passed and approved this day of ,200 . Voting Aye Voting Nay: Not Voting: Abstaining: Absent: SIGNED: --------------------------------------------- Mayor ATTEST:------------------------------------------------------- City Clerk AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Bill Hobson, Assistant City Administrator FOR: February 2, 2009 Regular City Council Meeting RE: Petersen Park Field#2 Cooperative Agreements Background. On December 1". 2008, the City Council considered and approved of the concept of a joint partnership with McHenry High School District #156 and the McHenry Baseball Association on the renovation and improvement of Field #2 at Petersen Park (minutes attached). The partnership provides for a sharing of the costs for the project while providing a premier home field for McHenry High School as well as the MBA. Separate agreements have been drafted between the city and each entity and are attached for the review and consideration of the City Council. The agreements will need to considered and acted upon by the City Council prior to awarding any bids for the work on the renovation. Analysis. Drafts of the proposed agreements have been presented to each of the organizations for their review and approval. The main concern of each organization is to ensure that their particular teams will have priority for the use of the field during their times of need. Other key components of the agreements include: • D156 will make a one time contribution of$50,000 to be used toward the renovations. • D 156 will be allowed to make certain improvements to the field such as bull pen mounds, batting cages and program recognition signs. • D 156 will have first priority on the use of the field during the IHSA baseball season (March—June). • D 156 will prepare the fields for their games and city will perform weekly scheduled mowing. • MBA will contribute$30,000 toward the project over a six year period. • MBA will relocate the scoreboard. • MBA will have first priority on the use of the field except during the IHSA season. • City will continue to prepare the field for weekday games (non-IHSA season) and perform scheduled weekly mowing. • All scheduling will be done by the Parks and Recreation Department. Recommendation. Staff recommends approval of the agreements with McHenry High School District#156 and the McHenry Baseball Association on the partnership to renovate and improve Petersen Park Field#2. December 1,2008 Page 6 reduction from 25' to 22' to accommodate the construction of a room addition. The variance would allow the extension of the existing building line without altering the current roof line. Deputy City Administrator Martin stated the applicant appeared before the Planning and Zoning Commission at a Public Hearing held on November 6, 2008 and received a unanimous recommendation for approval. If Council supports the recommendation, an ordinance approving the request should be passed and approved. Motion by Wimmer, seconded by Murgatroyd, to accept the unanimous recommendation of the Planning and Zoning Commission, to pass an ordinance granting a rear yard setback reduction from 25' to 22' to permit the construction of a building addition for the Emanuel Pilat property located at 701 South Broadway. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. PETERSEN PARK FIELD #2 EXPANSION AND IMPROVEMENT PROJECT Assistant City Administrator Hobson stated the Parks and Recreation Committee recently considered a proposal to convert Petersen Park Field #2 to a 60'6" pitching mound with 90' base paths. The proposal includes participation by both McHenry School District 156 in the amount of $50,000, and McHenry Baseball Association (MBA) in the amount of $30,000. The total projected cost of the project is estimated at $190,000. The City's portion of the project in the amount of $110,000 would be paid from the Developer Donations Fund. Assistant City Administrator Hobson stated the project includes the relocation of the existing lighting system from Petersen Park Field #2 to Knox Park Field #2, as the newly- renovated Petersen Park field would require new lighting. The completed project would allow for District 156 teams and MBA traveler team usage of the newly-renovated premier field. Assistant City Administrator Hobson stated Staff is seeking the following: 1) Council approval of the Petersen Park Field #2 modification and renovation in the estimated total amount of $190,000, including financial partnership with McHenry High School District 156 and McHenry Baseball Association, with the City portion to be paid from the Parks Developer Donations Fund; 2) Authorization to have City Attorney McArdle draft agreements between the City and McHenry School District 156 and the City and the McHenry Baseball Association for this project; 3) Authorization to prepare bid specifications and bid the project to ensure the field will be ready for use in spring 2009. Alderman Condon stated it makes sense to partner with these entities and to move forward with the project. Alderman Glab inquired how the field would be maintained. Assistant City December 1,2008 Page 7 Administrator Hobson responded the field would continue to be maintained as it is now. It would be mowed weekly, and, lined and dragged before games during the week. District 156 would provide any maintenance required on the weekends. Alderman Glab expressed concerns regarding the cost of field maintenance. City Administrator Maxeiner noted the City's portion of the renovation would be taken from the Parks Developer Donations Fund. Alderman Schaefer stated there are other fields which would continue to be used by other teams. Alderman Murgatroyd inquired if Council would be able to review the agreements prior to the bid specifications being published. City Administrator Maxeiner responded Council would be able to review the entire package, including the agreements. Mayor Low complimented Assistant City Administrator Hobson on his work with the participating entities to bring this project forward. Motion by Condon, seconded by Schaefer, to accept the unanimous recommendation of the Parks and Recreation Committee to approve the following: 1) Petersen Park Field #2 modification and renovation in the estimated total amount of $190,000, including financial partnership with McHenry High School District 156 in the amount of $50,000 and McHenry Baseball Association in the amount of $30,000, with the City portion to be paid from the Parks Developer Donations Fund; 2) Authorization to have City Attorney McArdle draft agreements between the City and McHenry School District 156, and the City and the McHenry Baseball Association for this project; 3) Authorization to prepare bid specifications and bid the project to ensure the field will be ready for use in spring 2009. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ENGINEERING SERVICES AGREEMENT FOR PHASE 1 AND PHASE 2 ENGINEERING FOR LILLIAN STREET RESURFACING PROJECT— SEC GROUP, IN AN AMOUNT NOT-TO-EXCEED $20,000 City Administrator Maxeiner stated the McHenry County Council of Mayors recently requested projects be submitted for Local Agency Pavement Preservation (LAPP) with funding from the Surface Transportation Program (STP). One of the requirements for this project is that the subject roadway be designated Federal Aid Urban (FAU) collector route. Lillian Street between Front Street and Crystal Lake Road meets this requirement. City Administrator Maxeiner stated in order to receive funding, the project must be scheduled for an Illinois Department of Transportation ([DOT) June 2009 letting, and Phase I and Phase II Engineering must be submitted to IDOT by the end of December 2008. The STP funding would cover 80% of the total cost of construction and Phase III engineering with a local match of 20%. The City would be responsible for 100% of the cost of Phase I and Phase 11 Field Renovation and Continuing Use Intergovernmental Agreement between The City of McHenry and School District 156 This Agreement ("Agreement") is entered into this day of 20_,by and between the City of McHenry, an Illinois municipal corporation ("City") and McHenry Community High School District 156, a unit of local government ("District 156"), (collectively, the"Parties"). Recitals A. Article VII, Section 10 of the Illinois Constitution of 1970 and the Intergovernmental Cooperation Act, 5 ILCS 220/5 et seq., authorize units of local government to cooperate with each other in order to accomplish common goals and objectives. B. The City is the owner of a certain park known as Petersen Park, which contains baseball fields, including what is commonly referred to as Petersen Park Field #2 (the "Field'). A diagram of the Field is attached to this Agreement as Exhibit A. C. The Parties, in conjunction with the McHenry Baseball Association, desire to modify and renovate the Field in order to use it for competitive play for high school age groups and older. D. District 156 agrees to contribute to the renovation and the City agrees to construct the renovations and allow District 156 ongoing use of the Field, subject to the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the promises, covenants and agreements set forth herein, the adequacy and sufficiency of which is acknowledged by all the Parties, it is agreed as follows: Renovation and Maintenance 1. The City shall competitively bid the construction of improvements to the Field, the scope and specifications of which are attached as Group Exhibit A ("Construction Improvements"). 2. Prior to commencement of the Construction Improvements, District 156 shall review and approve the bids received by the City and contribute $50,000 to the City as its contribution towards renovation costs ("Capital Contribution"). 3. In addition to the Capital Contribution, District 156 shall, at its cost, install one batting cage and two bullpen mounds on the field. The location and specifications of the batting cage and bullpen mounds shall be subject to the reasonable approval of the City. 4. The City shall perform routine maintenance, including regularly scheduled weekly mowing from April to October each year. 5. District 156 shall line and drag the Field for its scheduled games and shall perform any additional mowing that may be necessary prior to its games. 6. During the Illinois High School Association ("IHSA") baseball season (March through June), through and including any postseason play ("IHSA Season"), District 156 shall supply tarps to cover the pitcher's mound and home plate area. Field Use 7. The City shall establish the scheduling, recording and reporting of program activities held at the Field through the Parks and Recreation Department of the City. 8. During the IHSA Season (March through June), District 156 shall have first priority in scheduling use of the Field. At all times other than during the IHSA Season, District 2 156 the McHenry Baseball Association shall have first priority over the Field's use and District 156 shall retain priority over all other potential users. Provided, however, to retain its priority, District 156 shall notify the City, in writing, of its intended use no later than five business days prior to the date of intended use. 9. District 156 shall have the right to post reasonable program recognition signs, such as conference championships or postseason appearances, on dugouts or fences. Said signage may be removed by the City at its reasonable discretion upon notice to District 156. This paragraph shall not be deemed to permit District 156 to post any signs for external advertising. 10. District 156, its invitees, employees and contractors, shall have reasonable and necessary access to bathrooms and light controls located at Petersen Park. 11. When not scheduled for use, the City shall keep the Field fence locked during the IHSA season. General Terms and Conditions 12. District 156 shall procure and maintain, at its cost during the term of this Agreement, commercial general liability insurance insuring the City against liability for personal injury, death or damage to personal property arising out of the use of the Field by District 156, its employees, invitees, contractors or agents. Such insurance shall provide coverage in an amount not less than $5,000,000 for bodily injury to one or more persons and in an amount of not less than $5,000,000 for property damage. The City shall be added to the policy as an additional insured. All such insurance coverage shall be evidenced by a Certificate of Insurance, which shall provide that the City shall receive at least 30 days prior written notice of any cancellation or 3 alteration of policies of insurance referenced in such certificate. District 156 shall provide a copy of the insurance policy to the City prior to execution of this document. 13. District 156 shall defend, indemnify, and hold the City harmless from any and all costs, including reasonable attorneys' fees, and claims of liability or loss which directly or indirectly arises out of the use of the Field by District 156, its employees, invitees, contractors or agents, except for the negligent acts, omissions, or willful misconduct of the City or its employees or agents. 14. This Agreement shall be for a term of 10 years, commencing with the execution of this Agreement, and shall automatically extend for terms of five years, unless either party serves written notice on the other party of its intent to cancel at least 30 days prior to the end of the then-current term. 15. This Agreement may be amended only by a written agreement signed by the Parties. 16. This Agreement may be executed in several counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by the duly authorized representatives as of the date referenced above. City of McHenry McHenry Community High School District 156 BY By: Susan E. Low, Mayor Z:\M\McHenryCityof\Agreement.Petersen Renovation.Dist156.12009.doc 4 Field Renovation and Continuing Use Agreement Between the City of McHenry and the McHenry Baseball Association This Agreement ("Agreement") is entered into this day of 20_, by and between the City of McHenry, an Illinois municipal corporation ("City") and the McHenry Baseball Association, a (the"MBA"), (collectively, the "Parties"). Recitals A. Pursuant to Article VII of the Constitution of the State of Illinois, the City may enter into an agreement with a private agency, the MBA, for joint and cooperative action. B. The City is the owner of a certain park known as Petersen Park, which contains baseball fields, including what is commonly referred to as Petersen Park Field #2 (the "Field"). A diagram of the Field is attached to this Agreement as Exhibit A. C. The Parties, in conjunction with McHenry High School District 156 ("District 156"), desire to modify and renovate the Field in order to use it for competitive play for high school groups and older. D. The MBA desires to contribute cash to the renovation and the City agrees to construct the renovations and allow the MBA use of the Field, subject to the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the promises, covenants and agreements set forth herein, the adequacy and sufficiency of which is acknowledged by all the Parties, it is agreed as follows: Renovation and Maintenance 1. The City shall competitively bid the construction of improvements to the Field, the scope and specifications of which are attached as Group Exhibit A. ("Construction Improvements). 2. The MBA shall pay to the City in the amount of $30,000.00, payable in six installments of$5,000.00 each, commencing May 1, 2009 and annually thereafter through May 1, 2014, towards costs incurred by the City for renovation of the Field (the "Capital Contribution"). 3. In addition to the Capital Contribution, the MBA shall relocate to the Field, and install, a scoreboard, previously purchased and installed by the MBA. To the extent that the MBA incurs costs for the relocation and installation of the scoreboard, it shall be entitled to deduct such cost from the Capital Contribution installment due May 1, 2009. The MBA shall coordinate installation of the scoreboard with the City. 4. The City shall perform routine maintenance, including regularly scheduled weekly mowing from April to October each year. 5. The City shall line and drag the Field for all games scheduled Monday through Friday. The MBA shall line and drag the Field for all games scheduled on Saturdays and Sundays. Field Use 6. The City shall establish the scheduling, recording and reporting of program activities held at the Field. 7. During the Illinois High School Association ("IHSA") baseball season ( March through June), through and including any postseason play ("IHSA Season"), the MBA understands and agrees that District 156 shall have first priority in scheduling use of the Field. 8. At all times other than during the IHSA Season, the MBA shall have first priority over the Field. 9. In order to retain its priority, the MBA shall notify the City of its intended use no later than five business days prior to the date of intended use. 10. When not in use, the parties agree to keep the field locked. MBA representatives shall have access to the field for scheduled activities. General Terms and Conditions 11. The MBA shall procure and maintain, at its cost during the term of this Agreement, commercial general liability insurance insuring the City against liability for personal injury, death or damage to personal property arising out of the use of the Field by the MBA, its employees, invitees, contractors or agents. Such insurance shall provide coverage in an amount not less than $5,000,000 for bodily injury to one or more persons and in an amount of not less than $5,000,000 for property damage. The City shall be added to the policy as an additional insured. All such insurance coverage shall be evidenced by a Certificate of Insurance, which shall provide that the City shall receive at least 30 days prior written notice of any cancellation or alteration of policies of insurance referenced in such certificate. The MBA shall provide a copy of the insurance policy to the City prior to execution of this document. 12. The MBA shall defend, indemnify, and hold the City harmless from any and all costs, including reasonable attorneys' fees, and claims of liability or loss which directly or indirectly arises out of the use of the Field by the MBA, its employees, invitees, contractors or agents, excepting the negligent acts, omissions, or willful misconduct of the City or its employees or agents. 13. This Agreement shall be for a term of 15 years, commencing with the execution of this Agreement, and shall automatically extend for terms of five years, unless either party serves written notice on the other party of its intent to cancel at least 30 days prior to the end of the then-current term. 14. This Agreement may be amended only by a written agreement signed by the Parties. 15. This Agreement may be executed in several counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by the duly authorized representatives as of the date referenced above. City of McHenry McHenry Baseball Association By By: Susan E. Low, Mayor Z:\N4\McHenryCityof\Agreement.Petersen Renovation.MBA.I 2009.doc z AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Bill Hobson,Assistant City Administrator FOR: February 2, 2009 Regular City Council Meeting RE: Petersen Park Field#2 Bid Approvals Background. On December 1", 2008, the City Council considered and approved of the concept of a joint partnership with McHenry High School District #156 and the McHenry Baseball Association on the renovation and improvement of Field #2 at Petersen Park. The project will provide a much improved field for the high school team to host games during the spring while the MBA can utilize the field for tournaments and games during the summer and fall. The 60'6" pitching mound and 90' base paths will fill a void in our field inventory and will provide a better facility for the high school team to play. The expanded footprint of the new field will require new lighting and fencing as well as safety netting systems to protect players and spectators on adjacent fields. Bids specifications were prepared for each component. Multiple bids were received for the lighting and fencing while a single bid was received for the netting. The bid results are attached with the lowest bidder in each category as follows: • (Lighting)Ridgeview Electric,McHenry, IL in the amount of$263,000. • (Fencing) Paramount Fence, Batavia, IL in the amount of$22,000. • (Netting)North Shore Netting Inc., Highwood, IL, 20,998. Analysis. The bid total of$305,998 is significantly higher than the initial estimate of$190,000. However, the initial estimate did not include the relocation of the existing lighting system at Petersen Field #2 to Knox Park. The Knox Park lighting project was budgeted as a separate project in the amount of$135,000. The timing of the Petersen Park project allows for the reuse of the existing Petersen lights at Knox Park. In reutilizing the lights, the city has realized a potential cost savings of approximately $19,000. The timing of the awards will allow the improvements to be complete for the high school season this spring. Recommendation. Staff recommends approval of the low bids in each category for the renovation and improvement of Petersen Park Field#2 as follows: • (Lighting) Ridgeview Electric, McHenry, IL in an amount not to exceed $263,000. (Fencing)Paramount Fence, Batavia, IL in the amount not to exceed$22,000. • (Netting) North Shore Netting Inc., Highwood, IL, in an amount not to exceed $20,998. SEC Group, Iric. Engineering a Surveying ■ Planning ■ Landscape Architecture January 14,2009 Mr.Pete Merkel Director of Parks and Recreation City of McHenry 333 South Green Street McHenry,Illinois 60050 RE: Knox and Peterson Parks' righting Systems Recommendation for Award SEC Job No.: MCHE-080497 Dear Mr.Merkel: On January 13,2009, bids were opened for the above-mentioned project. Nine (9)bidders submitted bids on the project. Bids ranged in total cost from $263,000.00 to $400,000.00. See the attached bid tabulation for further information. The low bid was received from Ridgeview Electric, Inc. of McHenry, Illinois in the amount of$263,000.00. This bid included all line items in the bid. All documents required by the bid package, including the bid bond and notification of receipt of Addendum No. 1,were received. Ridgeview Electric is an electrical contractor that has a long history of providing services similar to those required by this project. Based upon their submitted bid, SEC recommends that the City of McHenry award a contract to Ridgeview Electric in the not-to-exceed amount of$263,000.00. Should you have any questions regarding this recommendation,please contact me. Sincerely, SEC GROUP, INC. Chad J.Pieper,P.E. Project Manager CJP/dmw Attachment cc: Mr.Robert J.Wegener,F.E.—SEC Group,Inc. Mr.Thomas Schmidt—City of McHenry N:1JoWSmift20W080497.'NCHE Knox Park LigWnSNAdminis=ion'bid-docsNC'H&080497_rmomnendation-tor-award-cjp.011409.doe 4500 Prime Parkway,McHenry, Illinois 60050 t. 815.385.1778 f 815.385,1781 wwwsecgroupinc.com Bid Tabulation Knox and Petersen Parke U"V Systems CM of McHem Bid Opening 1113109 11:00 AM SEC Jab No.MCHE-060497 qd ThorneE y Dymanice Corporation Jasco Electric Corporation sbciated R 1 Caney Contraclas, Ga nays active Maim, dgeview Electric Inc. Barton Electric tree. Electric Co,Ina /te Electric Co,Inc Ut8 Contractors,Inc. Inc. Inc. It.. Description Unit Quantity nit Price Tote Cost Unit P ce Total Cost Unit Price Total Cost Unit Prim Total Cost Unit Price Total Cost Unit Prim Total Cost Unit Price M28,ODO.0012 nit r ce otel ost Unit Pnce Total Cost 1 MobilizatioirWenwblll7a0on EACH 1 f - $ S 2516.00 516.00 $ 1500.00 S 1500.00 $ 17000.00 S 17000.00 f - - f 4000.00 $ $ 1 75.00 $ 1,275.00 13520.00 S 13520.Do Removal of Existing Peterson park Field a2 Fighting 2 System and transportation of lights and poles to Kroh EACH 1 Park. $ 24 000.00 $ 24 000.00 30 500.00 30 500.00 $ 4,083.00 $ 4,083.00 16 640.00 18 640.00 $ 4013100 f 40135.00 $ 7,800.00 7 800.00 28 000.0012 95.00 f 1 00 $ 9 500.00 f 9 500.00 3 Instala0on of new Iigtft system as Peterson Perkfield a2 EACH 1 S 164.000.00 S 164,000.00 169685.00 S 169685.00 $186,641.00 f 186541.00 186,286.00 S 186 88.00 $201.620.00 $201,620.00 $195445.00 195645.00 5224000.00 S 182350.00 $182350.00 $203,964,00 5203111M 4 InsteWOenof hikt s teen at Knox Park FACH 1 f 75 000.00 S 75,000.0060, & S 123 B26.00 123.624.00 S 179 840.00 S 119 840.00 S 103 944.00 103,944.00 144 000.00 S 103 700.00 f 103700.00 j 124447.00 S 124,447.00 O AL Tatel S 2fi3,000.00 Toal f 281,037.00 otal f 278,474.00 Tolai f 328,050.00 Toal 5378,595.00 Tatel 5307,189.00 Total Tate 5279,620.00 To kl 351,431.00 BID OPENING Tuesday, January 13, 2009 Adermen's Conference Room Bids Due at 11:30 am Petersen Park Field #2 Fencing Name Bid Bid Bond Addendum Paramount Fencing $22,000 X X Durabilt Fencing $32,960 X X Action Fencing $32,715 X X Fox Valley Fencing $28,646 X X Peerless Fencing $29,810 X X In attendance were: BID OPENING TUESDAY, January 13, 2009 ALDERMEN'S CONFERENCE ROOM Bids Due at 11:45 a.m. Petersen Park Field #2 Netting Estimated cost: $ NAME BID BID BOND COMMENTS o, oe-�c 9 ,/ City of McHenry Department of.Parks & Recreation Petersen Park Fencing Renovation — Field #2 Winter 2008/Spring 2009 SCOPE OF THE WORK The work shall consist of providing material, labor and equipment for installation of chain link fencing as specified herein. All materials must meet or exceed the specifications. All labor must meet or exceed prevailing wage requirements. Petersen Park Field #2 is being renovated to accommodate local youth, adult and high school baseball teams for play on a 90' infield with expanded outfield distances. This renovation will require the installation of new lighting system, outfield and perimeter fencing and backstop. The existing 6' outfield fence will be removed with the fabric and top/bottom rail material used to construct the perimeter fencing. A new 7' high outfield fence will be installed at the distance specified. A new 20' high backstop will be installed in place of the old backstop. This work will be completed by March 15, 2009 in time for the spring baseball season. OUTFIELD AND PERIMETER FENCING The existing 6' high — 410' length outfield fence will be removed. The fence fabric and the top/bottom 1 5/8" SS 20 rails will be used to construct the perimeter fencing-275' in total length. This perimeter fence will extend on the 1st and, 3rd base sidelines from the end of the dugout fence to the left and right field corners. This sideline perimeter fence will join the new outfield fence extended. 1-12' double drive gate will be installed along the right field side line. The City of McHenry will be responsible for removing existing line/end post and will be responsible for restoration. A new 7' high chain lank outfield fence will be installed at the distances listed: 320'—Left Field Line 375'—Center Field 300'— Right Field Line 360'— Left/Right Center This fence will be 9 gauge galvanized chain link system with 2 %" SS 20 line and 1 5/8" SS 20 top and bottom rail. 2-3" SS 40 end posts with all fittings and 2-3" SS 40 in-line stretch posts. Installation of all posts will be set in a minimum of 36" depth.concrete with a diameter of three times the post width. Contractor will be responsible for all removal of excavated material. BACKSTOP The existing backstop will be removed by the City. of McHenry and a new 20' high 84' long backstop will be installed in its place: The lower 10' section of backstop fencing will be 6 gauge galvanized material: The upper 10' section of backstop fencing will be 9 gauge galvanized material. The line, end and corner posts for the backstop will be 4" SS 40 galvanized posts. All 4" posts will be set at a minimum depth of 48" with a minimum diameter of 12" and filled with concrete. 420' of 1 5/8" SS.40 top rail for 5 rail framing of entire backstop. { The City of McHenry will remove the existing backstop . B p posts, concrete and fabric. CITY OF WHENRY PETERSEN PARK - Field #2 Backstop Detail 3;C 1 rZ O 1Q i JOE r � ld rG� 1. 1 BACKSTOP The .existing backstop will be removed by the.City of McHenry and a new 20' high 84' long backstop will be installed in its place. The lower 10' section of*backstop fencing will be 6 gauge galvanized material. The upper 10' section of backstop fencing will be 9 gauge galvanized material. The line,end and corner posts for the backstop will be 4" SS 40 galvanized posts. All 4" posts will be set at a minimum depth of 48" with a minimum diameter of 12" and filled with concrete. 420' of 15/8"SS 40 top rail for 5 rail framing of entire backstop. The City of McHenry will remove the existing backstop posts, concrete and fabric. PETERSEN PARK BALL FIELD RENOVATION - FIELD #2 BID FORM Item 1 - Outfield and Perimeter Fencing $ Remove existing 6' high outfield fence—410' length Install 275' - 6' high 9 gauge galvanized chain link system with. 2 SS 20 Iir IDRL 15/8" SS 20 top rail (reuse existing 9 gauge fence fabric) 4—Sets 3" end fittings complete 1—3" SS 40 corner post with all fittings 2—3" SS 40 gate posts with all fittings 1- 12' Double drive gate with all hardware Install 585' —7' high 9 gauge galvanized chain link system 2 %Z" SS 20 link and 1 5/8" SS 20 top rail and bottom rail 2-3" SS 40 end posts with all fittings 3—3" SS 40 in-line stretch posts Installation of all posts set in 36" concrete - 6 "diameter hole City to remove existing line/end posts—Contractor responsible to remove any excavated material during installation Item 2 - Backstop $ 84' Long- 20' High Baseball Backstop All line, end, corner posts 4" SS 40 Galvanized Posts Installation of all posts set in 48" concrete - 12"diameter hole Lower 10' section of fence fabric 6 gauge galvanized Upper 10' section of fence fabric 9 gauge galvanized 420' 1 5/8" SS 40 top rail for 5 rail high on complete backstop Contractor to remove. existing fence fabric and top rail material City to remove a.11 existing posts and concrete Total for Items 1 & 2 $ Bid bond require in the amount of 10% of submitted bid Completion Date: March 15, 2009 Bid Due Date:Tuesday,January 13, 2009 11:30 am Company Name: Address: City: State: Zip Code: Telephone: ( ) Fax: ( ) Company Representative: (Please Print) Signature: City of McHenry Department of Parks & Recreation 333 S. Green Street McHenry, IL 60050 Phone: (815) 363-2160 Fax: (815) 363-2186 Email: pmerkel@ci.mcheriry.1l.us City of McHenry Department of Parks & Recreation Petersen Park Fencing Renovation — Field #2 Winter 2.008/Spring 2009 SCOPE OF THE WORK The work shall consist of providing material, labor and equipment for installation of protective screening/netting as specified herein. All materials must meet or exceed the specifications. All labor must meet or exceed prevailing wage requirements. Petersen Park Field #2 is being renovated to accommodate local youth, adult and high school baseball teams for play on a 90' infield with expanded outfield distances. This renovation will require the installation of new lighting system, outfield and perimeter fencing and backstop as well as 50 feet high protective netting in the right field area This work will be completed by April 10, 2009 in time for the spring baseball season. POLE AND NETTING SPECIFICATIONS • Furnish and install (4) 60' Corrosion Coated Steel.Poles set into a 30" diameter x 10' deep augured hole to attain the desired 50' AGL (Above Grade Level) (see drawing for locations) and backfilled with 3,000 PSI Concrete • Into the poles at the top, bottom and at 50' midpoints insert 5/8" Galvanized Eyebolts into pre-drilled holes • Furnish and install %" Galvanized 1x7 Galvanized Steel Cable to be strung horizontally at the tops, at fence lines and at midpoints of each pole, also cable to be strung vertically along each pole face from top to bottom • Furnish and install #36 Rope Bordered UV Treated Knotted Nylon.Baseball Netting, one section of netting between every two poles • All netting will be affixed from the rope border of the netting sections to the cables utilizing Zinc Coated Spring Snaps PETERSEN PARK BALL FIELD RENOVATION - FIELD #2 BID FORM Poles and Protective Netting (4) 60' Corrison Coated Steel Poles $ %" Galvanized Steel Cable—roughly 450 feet $ 150'-#36 Rope Bordered UV Treated Knotted Nylon Baseball netting $ Total for Items $ Bid bond require in the amount of 10%of submitted bid Completion Date: April 10, 2009 Bid Due Date: Tuesday,January 13, 2009 11:30 am Company Name: Address: City: State: Zip Code: Telephone: ( ) Fax: ( ) Company Representative: (Please Print) Signature: City of McHenry Department of Parks& Recreation 333 S. Green Street McHenry, IL 60050 Phone: (815) 363-2160 Fax: (815) 363-2186 Email: pmerkel@ci.mchenry.il.us TO: Mayor and City Council FROM: Douglas Martin,Deputy City Administrator FOR: February 2,2009,Regular City Council Meeting RE: Variance from Sign Regulations,Liberty Tag Service at 5017 W Elm Street Applicant: Timothy Oman STAFF RECOMMENDATION: To approve a variance to allow a 32-square foot temporary sign from February 3,2009 through April 15,2009 for Liberty Tax Service at 5017 W Elm Street. Background Tim Oman of Liberty Tax Service attended the October meeting of the Community Development Committee to discuss"moving signs", specifically a person dressed as Lady Liberty, standing and waving to motorists in front of Liberty Tax Service at 5017 W Elm Street(meeting minutes attached). In the past Liberty Tax Service has hired people to stand and wave at passing cars to attract business during tax season. The City currently prohibits this practice and the Committee was not in favor of recommending overturning this prohibition because of safety concerns for the person waving and motorists as well as the potential nuisance of honking horns disturbing other businesses and residents in the area. Current Request Alternatively, Mr. Oman is requesting the use of a 32-square foot temporary sign in front of his business through April 15`h of this year. This requires a variance from the City's sign ordinance to allow this sign to be displayed for more than 30 consecutive days and in excess of 60 cumulative days. Staff Analysis Staff does not have a problem with this request because it will help this business be successful in attracting clients during tax season. Staff believes that this is a safer alternative to a person waving at motorists and recommends approval with the condition that the applicant places the sign on private property and removes the sign by April 16d. COMMUNITY DEVELOPMENT COMMITTEE MEETING Tuesday, October 28, 2008 Aldermen's Conference Room, 7:00 p.m. In Attendance: Committee Members: Chairman Alderman Condon, Alderman Santi and Alderman Glab (arrived at 7:17 p.m.). Absent: Alderman Wimmer. Staff: Deputy City Administrator Martin, City Planner Kolner, Superintendent of Forestry and Park Planning Schmidt and Deputy City Clerk Kunzer. Also in Attendance: Resident Mark Rapata Liberty Tax Service Master Franchisee Tim Oman. Noting a lack of a quorum, Chairman Alderman Condon called the meeting to order at 7:12 p.m. Public Input No one spoke during the time set aside for public input. Discussion: Moving Signs Chairman Condon invited Tim Oman to address the Committee regarding his request that the City revisit its current ban on moving signs. Mr. Oman stated Liberty Tax Service is currently the fastest growing franchise in the country. McHenry was one of the first franchises opened by the business in the entire country. The company's marketing style is to utilize gorilla marketing, similar to that practiced by Jiffy Lube and Mattress Factory among others in the community. Mr. Oman recognized that some cities throughout the country restrict the use of gorilla marketing, but noted that it is against the constitution to prevent its use. The right to advertise a business is inherent in the Freedom of Speech. Mr. Oman noted while he concurs that the use of persons dressed as Lady Liberty waving to passing vehicles might be a nuisance to traffic flow, the use of gorilla marketing, as it is commonly called, is necessary to the growth of the local business. Noting since the City modified its sign code in August 2006, which ultimately prohibited the use of moving/waving signs, the local Liberty Tax Service business dropped off 50%. The purpose of having Lady Liberty waving is to generate business. The tax season is very short and the use of the "wavers" is to increase client base during the short season. He requested the Committee reconsider its current ban on the use of"wavers" to generate business. " Responding to Chairman Condon's inquiry, Mr. Oman stated the prime time for"wavers would be from the last week of January (when W-2 forms are received)until April 151h Alderman Glab arrived at 7:17 p.m. Chairman Condon noted a quorum of the Committee was now present. Community Development Committee Meeting October 28,2008 Page 2 Mr. Oman stated during the initial and final portions of the tax season, the waver would be present throughout the day. During mid tax season, the waver would be in place during morning and evening peak times as well as during the lunch hour. Chairman Condon inquired if the company had completed any research to back up their statement that business had dropped off more than 50% as a result of the moving sign ban. Chairman Condon suggested there might be another avenue the company could pursue to reinforce the company branding exhibited by the"wavers". Alderman Santi inquired as to the amount of business due to walk-ins versus.appointments. Mr. Oman responded 10% of the business is related to appointments; 90% are walk-ins. Mr. Oman further noted that there are typically three types of tax return customers: 1) Blue collar workers—those with simple returns, filing short form, insecure in preparing their own returns but desiring an immediate tax refund; 2) Professional workers those with more complex returns, not comfortable filing their own returns; 3) Business Owners who typically have an accountant (these customers are not typically found in the Liberty Tax Service client base). Mr. Oman noted the company's customers are generally spur-of-the-moment customers who have their W-2 form in hand and decide to stop in and file their returns. Alderman Condon opined moving signs ("wavers") are a distraction to motorists. Although she recognized the company has rights pursuant to the Freedom of Speech, she expressed her concerns regarding public safety. Mr. Oman responded he empathizes with the safety concerns, but inquired how the "wavers" would differ from a business that modifies its changeable sign board copy daily, which would also provide a distraction to motorists. Alderman Glab noted he has witnessed "wavers" in several communities during daily commutes and noted they provide a distraction wherever they are present. He stated he does not see the "wavers" as a positive promotional quality for the business. He opined a business utilizing this method of advertising does not show business integrity or quality. Planner Kolner suggested the Committee, rather than reversing the current prohibition of moving signs, investigate creating a temporary use which would allow and restrict moving signs. Mr. Oman noted to his knowledge McHenry is the only community in northern Illinois which currently prohibits"wavers". Deputy City Administrator Martin noted from Staff s perspective, the original ban on moving signs was instituted as a result of the Committee's concerns regarding motorist and pedestrian safety. Additionally, costumed people oftentimes encouraged drivers to honk their horns, creating further distractions and nuisances. He noted there is current case law addressing the issue of moving signsf'wavers". Deputy City Administrator Martin stated Staff has suggested a compromise which would allow the "wavers but restrict the use to private property and to Community Development Committee Meeting October 28,2008 Page 3 continue to prohibit the use on public property (right-of-way). If the "wavers" overstepped the property line and advertised on public property, they could be charged with creating a public nuisance. Chairman Condon inquired if Staff had considered requiring a sign permit for the moving signs. Mr. Oman noted one city had chosen that route, but soon reversed itself when it realized it could create liability issues as a result of requiring a permit for"wavers". Chairman Condon stated she would prefer the "wavers" not be allowed. She inquired if Staff could suggest a specific distance the"wavers" be permitted from the public right-of-way. Deputy City Administrator Martin responded at least 5-10 feet from the property line would be appropriate. He noted if the City chooses to remove the ban on "wavers", it cannot be more restrictive than it is on similar signs (such as real estate signs) in the district. Some discussion also occurred among Staff about classifying"wavers" as portable signs. Alderman Glab suggested if the"wavers" were required to move further away from the road, the potential for safety hazard could increase. If the prohibition on the"wavers" were lifted/reversed, he opined any business in town could decide to implement them. The City could end up with "wavers" in front of pizza places, oil change facilities, etc. with a proliferation of them throughout town. Alderman Glab also noted the City has investigated hazards caused by flashing signs. He noted he cannot condone reversing the City's current policy regarding moving signs. He opined if the prohibition were reversed, the ordinance would be unenforceable. Alderman Santi concurred with Alderman Glab. If the moving signs were permitted on private property, there would remain a great safety concern. He noted he does not want to restrict the company from doing business and making a profit in the community. However, he is not comfortable with"wavers" being permitted. Mr. Oman requested Staff investigate police reports to determine if any crashes could have occurred as a result of the "wavers" being used in the past. Alderman Santi reiterated a statement made by Chairman Condon that it only takes one crash to occur as a result of the moving signs. It would be one too many. Mr. Oman noted the prohibition on"wavers" impedes the constitutional rights and Freedom of Speech of the company. He opined the City should not concern itself regarding a potential horde of "wavers". He stated it would not happen. He encouraged the Committee to read case law regarding the Freedom of Speech. Deputy City Administrator Martin inquired if the company had ever considered using a statue as opposed to a person dressed as Lady Liberty waving to motorists. Mr. Oman responded there are banners and flags which could be used. There are many different ways to go about drawing interest to the company. However, the company has found by far the best method is to utilize the afore-mentioned gorilla marketing. He further stated the novelty of the"wavers"wears off rather quickly and the safety/hazard would therefore be reduced as the public becomes accustomed to seeing the"wavers" on the roadside. Community Development Committee Meeting October 28,2008 Page 4 Alderman Glab recalled there were instances in the past when "wavers"/walking sign boards were prevalent in the community. He suggested if the City's prohibition were reversed, the amount of"wavers" would blossom, particularly in light of the current economy. Alderman Santi stated there are other means of marketing the business, such as feather banners or blow-up figures. He suggested the company look into an alternative method of marketing. Deputy City Administrator Martin noted these types of signs (blow-up figures, banners, etc.) would be allowed with a temporary use. Planner Kolner noted temporary uses/signs are permitted for a maximum of 30 days, followed by a 30 day moratorium after which another 30- day temporary use permit could be granted. Perhaps this would satisfy the needs of the company. Mr. Oman responded the company would likely utilize the temporary use signs again this year. However, the utilization of the costumed "waver" is needed as well. Chairman Condon suggested City Attorney McArdle be consulted as to the City's liability regarding the Freedom of Speech, particularly as it pertains to case law resulting from other municipality's restrictions and/or prohibitions on moving/costumed "waver" signs. If necessary, he could be invited to attend the next meeting of the Committee (November 25, 2008). Mr. Oman suggested City Attorney McArdle could be in contact with the corporate attorneys for Liberty Tax Service prior to the next meeting as well. ree reservation Ordinance Amen m D uty City Administrator Martin stated Superintendent of Forestry and Park Planning Schmidt has pleted a review of the City's Tree Preservation Ordinance. The Tree Preservation Ordinanc as adopted more than ten years ago and was due to be updated. Superintendent Schmidt sugge the following amendments: 1. Section 24-42 Tr emoval Permit Required. Staff questioned if the " minimum diameter is still acceptable and suggested it be reduced to 6" in diameter. 2. Section 24-45 Tree Removal Staff suggested a modification to the poh egarding Section 24-45(a)(4),the list of trees which may be removed and are not subject to the Tree Repl ent Schedule in Section 24-48. It is suggested the trees could be replaced on a one for one basis instead equiring compensation Some properties only have these types of tree on them and to lose that amount o . mass would impact the community in a negative manner. Air quality,noise reduction,storm water detentio d carbon sequestration are a few of the ways the community can be adversely affected. 3. Section 24-47 Tree Protection Rights Staff suggested deleting 24-47(f) which currently allows for the tempo ension of Tree Protection Measures.Any temporary suspension would permanently and adversely impa affected trees. 4. Section 24-48 Tree Replacement Schedule Staff suggested with regard to letter 24-48(c)to replace the current text with the Subdivisi Control and Development Ordinance(technical section)list o e- T AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin,Deputy City Administrator FOR: February 2,2009 Regular City Council Meeting RE: B&B Automotive Request for Expansion RECOMMENDATION: Approval of the attached ordinance granting: A Conditional Use permit to allow the use of an automobile service station and outside sales lot in a commercial district at 917 N. Front Street with the condition that a maximum of seven (7) vehicles are permitted on the sales lot at any given time; Variances to allow the rear year setback to be reduced from 15 feet to 8 feet, and the side yard setbacks to be reduced from 10 feet to 2 feet; Variances from the 10-foot parking screening strip and 30% foundation base landscape requirements and the lighting requirements to allow the continued use of the existing lighting on the site,provided that the applicant utilize concrete planters, a minimum of three (3) in front of the building as well as additional new building facade lighting in accordance with the City's lighting ordinance. Request The applicant,B&B Automotive, is requesting a conditional use permit to allow an automobile service station. The applicant is the current owner of B&B Automotive and intends to expand that business from the neighboring property to include this site. In addition, they are proposing to utilize a few parking spaces for an open automobile sales lot. The intention is that there will be a maximum of seven(7)vehicles for sale at any given time. The applicant intends to replace the current building with a footprint similar to the existing structure which will require variances for rear yard setback from 15 to 8 feet and side yard setbacks from 10 to 2 feet. Due to the configuration of the lot and the fact that this is a redevelopment the applicant is asking for variances from the 10-foot parking screening strip and 30% foundation landscaping requirements, as well as a variance from the lighting ordinance to allow the existing lighting on the site. Staff Analysis The proposed use is acceptable and compatible with the uses of the surrounding area. The business will not alter the character of the neighborhood; however, due to the shape of the property the new building will follow a similar footprint as the existing building causing the need for rear and side yard setbacks. Further the existing parking lot protrudes onto the adjoining property by approximately 600 square feet. A retaining wall will be constructed along the northern property line to correct the encroachment. There will not be any outside storage and anything required to be stored overnight will either be stored inside the building or in the fenced-in storage area located in the rear of 915 Front Street. With the construction of the new building the applicant is not creating any additional impervious surface area than what currently exists on the site. Moreover stormwater detention on this site is not feasible and would cause an unnecessary hardship on the property owner. In addition, with the current layout foundation landscaping is not feasible or practical. The required 10-foot parking screening strip will not be provided on the south side of the property because the adjoining lot is also owned by the applicant and it will remain open for cross access. There is one existing light and the applicant is planning on maintaining this light as well as adding lighting to the fagade of the building. Staff believes that this redevelopment is a benefit to the City of McHenry. The applicant has a successful business and is proposing to expand that business and greatly improve the adjoining lot. As previously stated,due to the fact that the property is already improved,the applicant is requesting the zoning relief discussed in this report. Planning and Zoning Commission The Planning and Zoning Commission unanimously recommended approval of all the requests. Minutes from the meeting are attached to this supplement. Location Map and Aerial Photograph '$ Subject Site 4 a 4 / � i ,,,pppppq 3oi3w r m^r� • y a FJ '_' 9 ^' x M r$ y 'OflN A N I 13 31 ry h �,7 rryR p .. Ft 0:.15 to MFS 413.5 C � A ;io -0Gi �.jr R. pas iF y: �i Subject Site rCfi 175 :J 4..• �' la � wafte;. N�^ • ORDINANCE NO. AN ORDINANCE GRANTING A CONDITONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION AND OUTSIDE SALES LOT AND VARIANCES FOR REAR YARD SETBACK, SIDE YARD SETBACK, LANDSCAPING AND SCREENING AND LIGHTING FOR THE PROPERTY LOCATED AT 917 N FRONT STREETIN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Ernie Baggio of B &B Automotive requesting a Conditional Use Permit to allow an automobile service station and an outside sales lot and variances for rear yard setback, side yard setback. landscaping and screening and lighting for the property legally described on"Exhibit A", attached hereto and incorporated herein; the "SUBJECT PROPERTY", and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on January 22, 2009, in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the vote of the Planning and Zoning Commission recommending approval of the requested Conditional Use Permit and Variances were unanimously approved; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Conditional Use Permit and Variances are consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety,morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY be granted a Conditional Use Permit to permit an automobile service station and automobile sales lot in substantial accordance with the site plan prepared by the applicant, attached hereto as Exhibit B,provided that a maximum of seven(7) vehicles are permitted on the sales lot at any given time. SECTION 2: In granting said Conditional Use Permit, the City Council finds that requirements of Table 31 of the Zoning Ordinance have been met in that: 1. The requested use will not adversely impact traffic not otherwise typical for permitted uses in the zoning district; 2. The requested use will not create an environmental nuisance with any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air not otherwise typically of permitted uses in the zoning district; 3 The requested use will fit harmoniously with the existing natural or man-made character of the surrounding area; 4. The requested use will not require community facilities or services not otherwise typical for permitted uses in the zoning district; 5. The requested use will not be detrimental to the safety or health of the employees, patrons or visitors associated with the use, nor the general public in the vicinity; and 6. The requested use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location. SECTION 3: That the SUBJECT PROPERTY be granted Variances to allow a rear yard setback reduction from fifteen (15) feet to eight (8) feet; side yard setback reductions from ten(10) feet to two (2) feet; Variance from the ten-foot parking screening strip and thirty (30) percent foundation base landscape requirements and the lighting requirements to allow the continued use of the existing lighting on the site in the parking area provided that the applicant utilize concrete planters, a minimum of three (3) in front of the building, as well as additional new building fagade lighting in accordance with the City's lighting ordinance, in substantial accordance with the site plan prepared by the applicant, attached hereto as Exhibit B. SECTION 4: In granting said variance, the City Council finds that the requirements of Table 32 of the Zoning Ordinance have been met in that: 1. Special circumstances exist that are peculiar to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district. And these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. 2. The special circumstances referenced herein relate only to the physical character of the land or building(s) for which the variance is sought, such as dimension, topography, or soil conditions. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on, therein, not to the personal, business, or financial circumstances of such owner or tenant or any other party with interest in the property. 3. The special circumstances that are the basis for the variance have not resulted from any act of the applicant or of any other party with interest in the property. 4. The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. 5. A Variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district. 6. The granting of a Variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without the variance the applicant will be deprived of any reasonable use or enjoyment of the property. 7. The granting of a Variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 8. The granting of a Variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. 9. The Variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. SECTION 5: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 6: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 7: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS DAY OF , 2009 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF 92009 MAYOR ATTEST: CITY CLERK Public Hearing: Ernie Baggio File No. Z-737 917 N Front Street Conditional Use Permits and Variances Chairman Howell called the Public Hearing to order at 7:35 p.m. regarding File No. Z-737, an application for the following zoning relief for the property located at 917 North Front Street as submitted by Applicant Ernie Baggio: • conditional use permit to allow the use of an automobile service/repair facility; • conditional use permit to allow an open sales lot; • variance to reduce the rear yard setback from 15 feet to 8 feet; • variance to reduce the side yard setback from 10 feet to 2 feet; • variance from the 10 foot parking screening strip and 30% foundation base landscaping requirements; • variance from the lighting requirements to be able to maintain the existing lighting on the site. In attendance representing the applicant was Dan Tonyan of William Tonyan and Sons, who was sworn in by Chairman Howell. Notice of the Public Hearing was published in the Northwest Herald on January 6, 2009. Notices were mailed to all abutting property owners of record via certified mailing. The subject property was posted as required by ordinance. The Certificate of Publication, certified mailing receipts, and affidavit of posting are all on file in the City Clerk's Office. Mr. Tonyan stated Mr. Baggio purchased the property adjacent to his business, B & B Automotive, located at 913 North Front Street. Mr. Baggio intends to expand his automotive repair business by taking down the existing structure at 917 North Front Street and building a new facility having a similar footprint as the existing structure. In order to accomplish this, conditional use permit and variances are required, which is the purpose for this public hearing. Planner Kolner provided the commissioners with the Staff Report regarding the request. She stated the applicant requires two conditional use permits: 1) for the ability to have an automobile service/repair facility which might include outside storage of vehicles requiring repair from time to time on the site; and 2) for the ability to maintain an open sales lot. The open sales lot would have a maximum of seven vehicles displayed at any one time. The vehicles stored outside awaiting repair would be contained within the existing fenced-in area on the existing business site. Planner Kolner stated the applicant is also seeking variances as to setback to allow the new building to be constructed in the same footprint as the existing building. The applicant meets the parking requirements. There would be no change in the impervious surface; consequently Staff is not requiring the applicant to comply with new development drainage requirements. Additionally, due to the property already being covered with blacktop, the applicant would not be able to comply with landscaping requirements as far as foundation base and parking screening strips. The applicant would like to retain the existing pole light for the open sales lot lighting and intends to add building facade lighting for security purposes. Planner Kolner noted Staff has reviewed the application and supports the requests as submitted. Chairman Howell invited questions and comments from the Commission. Responding to an inquiry that the existing building would be demolished, Mr. Tonyan responded that is correct. Additionally, he noted the site would be filled in so that it would be level with the applicant's business on 913 North Front Street. A retaining wall would be erected, to prevent runoff to the adjacent property to the north. In response to a question, Mr. Tonyan stated the expansion would be used to increase the number of service bays and to provide an open sales lot for Mr. Baggio. Noting there would be hazardous waste which would need to be properly removed from the site, commissioners inquired if the applicant had made provisions for this. Mr. Tonyan responded the applicant currently has this service for his existing business and would likely utilize the same service provider for the business expansion. EPA guidelines would be followed. Inquiring as to whether there are existing drainage issues with the subject property, Planner Kolner responded there are none that have been brought to Staff s attention. She opined the leveling of the lot should actually reduce the puddling on the site. Suggestion was made that the applicant provide seasonal planters on the site to alleviate the appearance of preponderance of concrete and asphalt. Mr. Tonyan responded the applicant has utilized similar measures to provide landscape softening at his current business location and would likely be amenable to providing the same for the expansion. Some questions were raised regarding the security lighting of the open sales lot. Mr. Tonyan responded in addition to the existing pole light the applicant would install lighting on the building fagade. Chairman Howell stated the applicant has upgraded a blighted building to house his existing business. Mr. Baggio's business has been a great addition to the community. He opined Mr. Baggio will likely continue this trend with his business expansion. Chairman Howell invited questions and/or comments from members of the audience. The following person was sworn in by Chairman Howell prior to making her statement before the " Commission: Ms. Fran Flach, 919 North Front Street: Ms. Flach stated she resides adjacent to the subject property. She expressed concern if the property is raised and leveled, she might get additional flooding because her property is so low. She noted she already gets water in her basement every time there is a significant rain event. Ms. Flach stated she has no problems regarding the commercial business on the site. Her concerns are solely regarding drainage issues. Mr. Tonyan responded a retaining wall would be constructed which should help the current situation and reduce drainage onto Ms. Flach's property. Planner Kolner noted the site plan indicates the surface water would be directed away from Ms. Flach's property. In response to Commission inquiry, Ms. Flach stated she has contacted the City on numerous occasions regarding her flooding problems during heavy rain. She noted a drainage collector west of her home is constantly filled with debris and scrap material from the lumber yard. The blocked manhole causes water drainage to back up onto her property, flooding her basement. Planner Kolner stated she would provide Ms. Flach with City contacts to address this manhole blockage. Chairman Howell at 7:55 p.m. closed the public comment portion of the public hearing. Motion by Cadotte, seconded by Buhrman, to recommend to the City Council, with regard to File No. Z-737, a request for zoning relief as proposed by Ernie Baggio for his property located at 917 North Front Street, as follows be granted: ■ conditional use permit to allow the use of an automobile service/repair facility; • conditional use permit to allow an open sales lot; and that Table 31, the Approval Criteria for Conditional Use Permits, pages 357-358 of the Zoning Ordinance,has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Absent: None. Abstaining: None. Motion carried 7-0. Motion by Cadotte, seconded by Buhrman, to recommend to the City Council, with regard to File No. Z-737, a request for zoning relief as proposed by Ernie Baggio for his property located at 917 North Front Street, as follows be granted: ■ variance to reduce the rear yard setback from 15 feet to 8 feet; • variance to reduce the side yard setback from 10 feet to 2 feet; and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None, Absent: None. Abstaining: None. Motion carried 7-0. Motion by Cadotte, seconded by Buhrman, to recommend to the City Council, with regard to File No. Z-737, a request for zoning relief as proposed by Ernie Baggio for his property located at 917 North Front Street, as follows be granted: • variance from the 10 foot parking screening strip and 30% foundation base landscaping requirements; • variance from the lighting requirements to be able to maintain the existing lighting on the site. and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Absent: None. Abstaining: None. Motion carried 7-0. Comments by Commission: Commissioner Ekstrom: Would prefer that the applicant install new down lighting instead of utilizing existing pole lighting in order to diminish parking illumination overflow, as required by the City's Lighting Ordinance. Additionally, Ms. Ekstrom stated she would encourage down lighting on the building for the same reason. Chairman Howell closed the Public Hearing at 7:58 p.m. » Community Development Department Report File# Z-737 January 22, 2009 Applicant Ernie Baggio B&B Automotive 913 N Front Street McHenry, IL 60050 Requested Action • Conditional Use Permit to allow the use of an automobile service station in a commercial district; • Conditional Use Permit to allow an outside sales lot; • Variance to reduce the rear yard setback from 15 feet to 8 feet; • Variance to reduce the side yard setback from 10 feet to 2 feet; • Variance from the 10 foot parking screening strip and 30% foundation landscaping requirements; • Variance from the lighting requirements to be able to maintain the exiting lighting on the site. Site Information Size and Location of Property The.subject property is approximately 0.22 acres and is located at 917 N Front Street,McHenry IL. Comprehensive Plan Designation Commercial Existiniz Zoning and Land Use C-5 Highway Commercial District Adiacent Zoning and Land Use North: C-5 Highway Commercial South: C-5 Highway Commercial East: C-5 Highway Commercial West: C-5 Highway Commercial Description of Request The applicant is requesting a conditional use permit to allow an automobile service station. The applicant is the current owner of B&B Automotive and intends to expand that business from the neighboring property to include this site. A Conditional Use Permit is required for this expansion. In addition, they are proposing to utilize a few parking spaces for an open automobile sales lot for. The intention is that there will be a maximum of seven(7)vehicles for sale at any given time. The applicant intends to use a similar footprint as the existing building on the site which will be removed and a new building constructed in its place requiring Variances for rear yard setback from 15 to 8 feet and side yard setbacks from 10 to 2 feet. Due to the configuration of the lot and the fact that this is a redevelopment the applicant is asking for Variances from the 10-foot parking screening strip and 30% foundation landscaping requirements, as well as a Variance from the lighting ordinance to allow the existing lighting on the site. Staff Analysis The proposed use is acceptable and compatible with the uses of the surrounding area. The business will not alter the character of the neighborhood; however, due to the shape of the property the new building will follow a similar footprint as the existing building causing the need for rear and side yard setbacks. File#Z-737 Page 1 of 3 Community Development Department Report File# Z-737 January 22, 2009 All of the necessary parking required by code is being provided. There are a total of fourteen(14) spaces, seven (7) of which are proposed for sales use and the remaining seven (7) for patrons and/or employee parking. Further the existing parking lot protrudes onto the adjoining property by approximately 600 square feet. A retaining wall will be constructed along the northern property line to correct the encroachment. There will not be any outside storage and anything required to be stored overnight will either be stored inside the building or in the fenced-in storage area located in the rear of 915 Front Street. The addition of this use should not create any adverse traffic conditions. With the construction of the new building the applicant is not creating any additional impervious surface area than what currently exists on the site. Moreover stormwater detention on this site is not feasible and would cause an unnecessary hardship on the property owner. In addition, with the current layout foundation landscaping is not feasible or practical. The required 10-foot parking screening strip will not be provided on the south side of the property because the adjoining lot is also owned by the applicant and it will remain open for cross access. There is one existing light and the applicant is planning on maintaining this light as well as adding lighting to the fagade of the building. Staff believes that this redevelopment is a benefit to the City of McHenry. The applicant has a successful business and is proposing to expand that business and greatly improve the adjoining lot. As previously stated, due to the fact that the property is already improved, the applicant is requesting the zoning relief discussed in this report. Staff Recommendation Prior to Public Hearing Approval of a Conditional Use permit to allow the use of an automobile service station and outside sales lot in a commercial district, in accordance with the attached site plan, at 917 N. Front Street with the following condition: A maximum of seven(7)vehicles are permitted on the sales lot at any given time; Staff finds that the requirements of Table 31 of the Zoning Ordinance have been met. Approval of a Variance to allow the rear year setback to be reduced from 15 feet to 8 feet, and the side yard setbacks to be reduced from 10 feet to 2 feet; Staff finds that the requirements of Table 32 of the Zoning Ordinance have been met. Approval of a Variance from the 10-foot parking screening strip and 30% foundation base landscape requirements and the lighting requirements to allow the continued use of the existing lighting on the site; Staff finds that the requirements of Table 32 of the Zoning Ordinance have been met. Attachments • Location Map • Application Packet • Narrative • Site Plan File#Z-737 Page 2 of 3 Community Development Department Report File# Z-737 January 22, 2009 LOCATION MAPS /y� n--- �- - •`• 4 = f `"" '� ' ° - Subject Site JOH �t v j ev 1 w yMk 7 tap., ! o •� fro 972 �.( v jr,r.�s tit3�r 7 - i<n L JAI i 3 iy -007 Subject Site Via. �` ,w,r '!�►< x 31 1 1 L rw A File#Z-737 Page 3 of 3 FORM A File Number PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry 333 South Green Street o McHenry,IL 60050 u Tel: (815)363-2170 c Fax:(815)363-2173 1. Name of Applicant _Ernie Baggio Tel 815-363-7560 Address 913 North Front Street McHenry Fax_815-363-7561 2. Name of Property Owner_Same As Applicant Tel (If other than Applicant) Address Fax 3. Name of Engineer None Tel (If represented) Address Fax 4. Name of Attorney_None Tel (If represented) Address Fax 5. Common Address or Location of Property_917 North Front Street McHenry,IL 60050 6. Requested Action(s)(check all that apply) _Zoning Map Amendment(Rezoning) _Zoning Variance -Minor X Conditional Use Permit _Zoning Text Amendment X Zoning Variance _Other Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit,the specific Zoning Variance needed, or the new zoning classification that is requested: We are requesting a conditional use permit for the operation of an automobile service facility as well as selling a few used automobiles. One zoning variance is for the new building on an irregular shaped lot, requesting variance for the side and rear yard setbacks. The other variance for the landscaping and the foundation base landscaping because of the shape of the lot. We are also requesting variance to maintain the existing site lighting. FORM A Page I of 3 Current Use of Property The property is currently has a conditional use for an automobile service facility and for selling used automobiles 7. Current Zoning Classification of Property,Including Variances or Conditional Uses C-5 8. Current Zoning Classification and Land Use of Adjoining Properties North: C-5 South: C-5 East: C-5 West: C-5 9. Required Attachments(check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. X 1. Application Fee(amount)$ 950.00 2. Narrative Description of Request X 3. FORM A—Public Hearing Application 4. FORM B—Zoning Map Amendment(Rezoning)Application X 5. FORM C—Conditional Use Application X 6. FORM D—Zoning Variance Application 7. FORM E—Use Variance Application X 8. Proof of Ownership and/or Written Consent from Property Owner in the Form of an Affidavit X 9. Plat of Survey with Legal Description X 10. List of Owners of all Adjoining Properties 11. Public Hearing Notice 12. Sign (Provided by the City,to be posted by the Applicant) X 13. Site Plan X 14. Landscape Plan X 15. Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis FORM A Page 2 of 3 11. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. ApRlicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s)to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number,and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicant(s) Print Nan e'and Designation of Applicant(s) J� Ernie Baagio Owner FORM A Page 3 of 3 FORM C File Number CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry 333 South Green Street a McHenry, IL 60050 c Tel: (815) 363-2170 3 Fax: (815) 363-2173 Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. No Changes in the traffic flow. 2. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have been appropriately controlled. The new facility positively impact the environment as opposed to the existing building. 3. Neighborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. The new facility will blend in better and be much more visually appealing than the current facility which is not a enhancement to the neighborhood, FORM C Page 1 of 2 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities,in such a way as to place undue burdens upon existing development in the area. Correct, the new facility is replacing the old one and should not have any change in impact to the public services 5. Public Safety and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. The new facility should improve the safety or health of the employees, patrons etc. 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. The new facility is replacing the old FORM C Page 2 of 2 FORM D File Number ZONING VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street r3 McHenry,IL 60050 o Tel: (815)363-2170 a Fax: (815)363-2173 Table 32 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to o�quest. 1. Special Circumstances Not Found Elsewhere Special circumstances exist that are particular to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district; and these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. The existinLy facility and shape of the property do not allow much variance in how and where to place the new facility,therefore we are reauestine the setback and landscapine variances. 2. Circumstances Relate to Property Only Since a variance will affect the character of its surroundings long after a property changes hands,the special circumstances referenced herein relate only to the physical character of the land or building(s) for which a variance is sought, such as dimensions,topography, or soil conditions; and they do not concern any business or activity the present or prospective owner or tenant carries on or seeks to carry on therein, or to the personal, business or financial circumstances of such owner or tenant or any other party with interest in the property. No other circumstances other than previously mentioned. FORM D Page 1 of 3 3. Not Resulting from Applicant Action The special circumstances that are the basis for a variance have not resulted from any act of the applicant or of any other party with interest in the property. The odd shape of the property is not of the applicants doing 4. Unnecessary Hardship The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. The required setbacks for side yard and backyard would not allow the new facility to be of sufficient size to make the proiect feasible or useful.This property is an odd shape and size. 5. Preserves Rights Conferred by District A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district, and does not confer a special privilege ordinarily denied to other properties in the district. Some adiacent buildings are much closer than what is being requested. We are only requesting variance in the setbacks ,enough to make the new facility feasible. 6. Necessary for Use of Property The granting of a variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without a variance the applicant will be deprived of any reasonable use or enjoyment of the property. We are planning to use the similar footprint of the existing building. FORM D Page 2 of 3 7. Not Alter Local Character The granting of a variance will not alter the essential character of the locality nor substantially impair environmental quality,property values,or public safety or welfare in the vicinity. These variances which are essentially what is existing on the property will allow a new building to be built in place of the existing building which is not an enhancement to the local property values, or welfare in the vicinity. — 8 Consistent with Zoning Ordinance and Comprehensive Plan The granting of the variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City,as viewed in light of any changes conditions since their adoption. _ These variances will be in harmony with the eeneral purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City for the area the property is located. 9. Minimum Variance Required The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. Maldng a smaller building would be deny the owner ability to eniov the existing use of the property. FORM D Page 3 of 3 Proof of Ownership I Ernie Baggio am Owner of 917 Front Street, McHenry IL, 60050 Si ned 1f Subscribed and sworn before me this 22°d day of December, 2008 of ry =PUBLIC L ON OF ILLINOIS ES:10l15109 PLAT OF SURVE r 5- o2-© 13 OF PROPERTY DESCRIBED AS Cogs anc !hence is sautyecst,,cc he sou(harty line Black sold Stock he o fqk net6tth ncs of ®saullharly pwW1e! r fh Ne a y4ltr�e ot to 6i 1dt Black l3 exler�dnd dbtancaof recorded Jana 24tk t a if atp%r o place of beglnnlnq: thence ccntuimn9 southerly parallel with ti:e easterly ifne of said Blocs 13 extended, a distonce of 81 lest; thence aosirsfy parallel with the southerly tMo of sold Block T3 0 dlrlonco of T32 Ieot, thence northerly of the eo�tarly line of sold Stock 13 extended o,�d olartg the westerly strsaf line of Front Street, o distance of 66 Is*(' thrnte easterly paroNal wth ith Na south Ny line of line of the Black Bald 8lolck 1 dislOnct Of d'elonce8of 13t: (hance northerly lost, fo the ploce o!bbt/al With the eghink4 boing a part of the northwest quarter of SactfOn d-K i'o+�nsh(p f3 North Ran9Q e thence t E t oofnthe MThkd a prfnc{pel Merfdion, to AJaYeary Count): 111140 s ,•tYS' �'' 'w2lix Nj`r POINT OF BEWHIJ/NG .1. 9 st qk-(�ro, UNIT 0.2'SOUTH �G Y � ,6 J..r,:' �. ,..� N ORINEi'E s,fyJ u,, lr GRAPHIC SCALE 9 (No49'TH£RLY) cn tNE Sot1TNFAST cORw LIB• ( FE£r , ;• ;1Cr LOT i iN BLOCK 13 l lac: 20 IL n t t i"Iy m orA mmrRsmEE pxnAtC LEGEND ,.1� ,•,, N fys�.�, y ��t c FDUNO MOM PfN / 3� rs.,a. � !' .,• • $�°j'(a�s�Rc rJ � ® SET IRON pW FOUND CUr CROSS h 1\ d^ :.�' ;• E�.cKra+ C7 rp, WIX0 SERVICE PACE h � .; WI1F REFAI£T£ • , ' � RETAINING SLARWI Eo LINES •• j ' • WALL •. J CONCRETE CRAW. • t0 ` � ---a --+ }l VD FENCES � --o — CFtAkV Lrlie FENCES H +4 A rS 3 :00' MEJSSUREO (XSTANCFMEARWG 0'� CONCRETE' ,DO) PLAJ7E0 jV 7ANGE/g£AR1NG c`C q GLAD loP RFTAW NG o�p WALL �� Q S)*7S 0. r I fJfg2EfFAST �• 1LLlNOTS) y.nnu'e rI )SS '�pF IL(! 41 L ROSSAIAN, ILLINOIS pROFE551oNAL LAND SURVEMR, NO. 35-3324, HEREBY c:STEVEN L'. as RAT UNDER AdY wEcTm I NAVE CAUSED THE ABOVE DESCRJBED PROPERTY ROSSMAt� ;d RW'ffD AND THAT ACCORDING TO WE FOUNO ARt?t7GYAL IA0NUAt6NTAT10N AND � �; 35-3324 � PLAT DRAWM HEREON 15 A TRUE ANO CORRECT REPRESIENTAAOM OF SAJO SURYEY, o, MCNENRY, .Qw IL MOM Yf Sum Exp1R£S TT/D/ZO0? no IMSTMCE 26 o/ytLL p0� _ M70RTsswr'"'owr°D�erOM°�ac WIer'ME j �,xa11W SNON.D BE ISSRUD Na(OppIp6QlNa IWWdNQIZ3 WVC 6Ea:UXARD UM D tO2O SIONN AND MOM DAM 9CALeREPARm IM No WRI MTAUM AS TO OMtElt7Nr.M a rows 1 .B ern a rd Ma t ch en w1ftSHOUL O SSMAC ,5/11/01 1 w=20' sane m.urnucr,not a II awa�tucs►a ANr AoarnoNAL RamcrroN;usaENr:a ruunro ur nn InHI,ISRI IIP(: ROAD' 81 S No Assmec►,Nat me onavlwtwr-bat Ream a a List of Adjoining Properties to 917 North Front Street, McHenry IL 3909 John Street, Pin # 09-35-102-001 921 Front Street, Pin # 09-35-102-002 909 Front Street, Pin # 09-35-102-004 919 Front Street, Pin # 09-35-102-014 926 Front Street, Pin # 09-35-104-001 922 Front Street, Pin # 09-35-104-012 920 Front Street, Pin # 09-35-104-013 914 Front Street, Pin # 09-35-105-001 oo6 Sp� p� ICY h ,��op OFF 01- j3 P1�10E OF 804NNING FOUND IRON ROO _ q FENCE = 0.50' N.W.LY FRAME c 1.86' S.W.LY O— •ai EA5'r CORNER �s E = 2.71' S.W.LY OF I FREE S.E.LY o FOUND IRON ROD •FN UC nz,tVE 1.3 1.3 .. 5' ,�� ' e�• v� 1.4 0 ,ry ` • p IRON ROD 0.86` N.W.LY °�• ° 4ON ROD 1.20' -5-W.Lyp 1.22' S,W.L1' �0 FENCE QQ• •' �J �j, g, Y b I32OO, . . . . . . . . . .: ' FOUND IRON WIPE ' O s_ �S Vi 9. p"y° �' rvo A i 9rnaE � FRoM r � L f PARkING-�'A i ' 1 F spun c.-r i ev it ` J_ q Y / I Ul � tiQ 1 j , A L ��- 66' s -- ,9"ass a s�acK 1 ;• / 0 C «0 741 . � , / W _ 4 0 66 ti,� ate, C X4O Ll ! 13 H oyc P L,cw7 Slat" r -73 Draft January 26, 2009 ORDINANCE NO. An Ordinance Amending Chapter 3, of the City of McHenry Municipal Code regarding advertising nuisances and Chapter JX of the City of McHenry Zoning Code regarding moving signs WHEREAS, the City of McHenry, McHenry County, Illinois ("City") finds that there has been a proliferation of persons holding themselves out as or constituting moving signs—whether through their dress,costume,actions,or movements—in the commercial and business districts of the City; WHEREAS,the City finds that such moving signs are placed, oriented and intended to dis- tract the attention of drivers from the roadway and traffic; WHEREAS,the City also finds that this particular subset of moving signs significant distrac- tions to driver attention by actively seeking the attention of traffic in general and individual drivers; WHEREAS, the City also finds that such moving signs often induce drivers to sound their horns; WHEREAS,the City also finds that such moving signs are visually unappealing and consti- tute an aesthetic blight on the commercial and business districts of the City; WHEREAS,the City also finds that such moving signs create distractions to pedestrian traf- fic along sidewalks and public rights-of-way as well, as to vehicular traffic in the roadway; WHEREAS,the City also finds that such moving signs often physically obstruct pedestrian traffic; WHEREAS, considering the particular danger to the public health, safety, and aesthetics posed by this particular subset of moving signs, the City finds that such moving signs constitute a public nuisance, and WHEREAS,it is the intent of the City to adopt the following ordinance pursuant to statutory authority to regulate the public streets, sidewalks and rights of way and regulate nuisances for the public health, safety and aesthetics of the City. Costume Signs, Page 1 Draft January 26, 2009 NOW,THEREFORE,BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHE- NRY, McHenry County, Illinois, as follows: SECTION 1: Chapter 3,Advertising,of the Municipal Code,City of McHenry,Illinois,shall be amended to add Sections 3-3 and 3-4, which shall read as follows: Sec. 3-3 Nuisances defined. The following acts and practices are defined as nuisances pursuant to Section 5/11-60-2 of the Illi- nois Municipal Code and subject to abatement by the City at the violator's cost in any manner per- mitted by law: Any person constituting, or acting as, a Moving Sign, as defined in the Chapter XIX of the McHenry Zoning Code, if such Moving Sign is: (1) (i)Located in a commercial or business zoning district or upon public property adja- cent and parallel to the commercial or business zoning district;and(ii)located within 50 feet from any public roadway adjacent and parallel to the zoning lot on which the sign is located; or(iii) actually visible from any public roadway or right-of-way; or (3) Interferes with pedestrian traffic along a right-of-way or sidewalk; or (4) Interferes with vehicular traffic in a roadway or actively solicits the attention of driv- ers through acts or motions specifically directed at any vehicle or driver; or (5) Located within a public roadway, sidewalk or right-of-way. It shall be a violation of this section and constitute a nuisance for a person to 1) act as a Moving Sign, or 2) for a person to direct another to act as a Moving Sign in violation of this Section of the City of McHenry Municipal Code. Sec. 3-4 Penalty and abatement. (a) Any violation of this Article is punishable by a minimum fine of$100 and each day on which a violation occurs shall be a separate offense.In addition,the violator shall be required to pay the City's reasonable costs of enforcement, abatement and prosecution, including attorney fees. (b) The City may abate violations of this Article by any legally available means. Costume Signs, Page 2 Draft January 26, 2009 SECTION 2: The first phrase in Section IX-134 of the City of McHenry Zoning Ordinance shall be amended to read as follows: "The following signs and displays as defined herein are prohibited in all zoning districts,sub- ject only to the exceptions stated herein." SECTION 3:The definition for"Sign,Moving"under Chapter XIX,Definitions,of the City of McHenry Zoning Ordinance shall be amended to read as follows: SIGN, MOVING: A sign that uses movement,by either natural or mechanical means, or change of lighting, either natural or artificial, to depict action to create a special effect of scene; or signs that rotate or have parts that move or rotate, excluding the scrolling of a static message onto or off a sign board in one direction per message, time and temperature and clock hands. This shall include,but not be limited to, any person,whether dressed in costume or not, di- recting attention to a product, service,place or business by virtue of their physical location and related acts. SECTION 4: Section B-4 (b) of Chapter IX of the City of McHenry Zoning Code shall be revised to read as follows: "All Moving Signs. Certain moving signs may also constitute a public nuisance. See Sec- tions 3-3 and 3-4 of the Municipal Code of the City of McHenry." SECTION 5: Section B-4 (h) of Chapter IX of the City of McHenry Zoning Code shall be revised to read a follows: "Pennants, streamers, balloons, helium filled and inflatable objects, search lights, beacon lights,except as otherwise permitted by or exempted from these regulations,but not to include public notice signs required under this Ordinance. SECTION 6: If any section,paragraph,subdivision,clause,sentence or provision of this Or- dinance shall be adjudged by any Court of competent jurisdiction to be invalid,such judgment shall not affect,impair,invalidate or nullify the remainder thereof,which remainder shall remain and con- tinue in full force and effect. SECTION 7:All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Costume Signs, Page 3 Draft January 26, 2009 SECTION 8: This Ordinance shall be in full force and effect upon its passage,approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Voting Aye: Voting Nay: Absent: Abstain: APPROVED: Mayor Susan E. Low (SEAL) ATTEST: City Clerk Janice C. Jones Passed: Approved: pjh:McHenryFolders(Ordinances I CostumeSignsRevised.ord.doc Costume Signs, Page 4 n ^ t CERTIFICATION I, JANICE C. JONES, do hereby certify that I am the duly appointed, acting and qualified Clerk of the City of McHenry,McHenry County,Illinois, and that as such Clerk,I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry,held on the day of ,2008,the foregoing Ordinance entitled An Ordinance Amending Chapter 3,Advertising, of the Municipal Code, City of McHenry,Regard- ing Nuisances, was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No. , including the Ordinance and a cover sheet thereof,was prepared,and a copy of such Ordinance was posted in the City Hall,commencing on the day of 1 2008, and continuing for at least 10 days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is en- trusted to me as the Clerk of said City for safekeeping,and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this day of 2008. Janice C. Jones, Clerk City of McHenry, McHenry County, Illinois (SEAL) CERTIFICATION I, JANICE C. JONES, do hereby certify that I am the duly appointed, acting and qualified Clerk of the City of McHenry,McHenry County,Illinois, and that as such Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said Ci'ti'of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Ald: .-,n of the City of McHenry,held on the day of ,2008,the foregoinL -dinance entitled An Ordinance Amending Chapter 3,Advertising, of the Municipal Code, City of," :Henry,Regard- ing Nuisances, was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No. , including the Ordinance and a cover sheet thereof,was prepared,and a copy of such Ordinance was posted in the City Hall,commencing on the day of 2008, and continuing for at least 10 days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is en- trusted to me as the Clerk of said City for safekeeping,and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this day of 2008. Janice C. Jones, Clerk City of McHenry, McHenry County, Illinois (SEAL) CITY OF McHENRY ZONING ORDINANCE Passed & Approved: December 22, 1986 Elected Officials Susan E. Low, Mayor Janice C. Jones, City Clerk Victor A. Santi, Alderman Ward 1 Andrew A. Glab, Alderman Ward 2 Jeffrey A. Schaefer, Alderman Ward 3 Steven C. Murgatroyd, Alderman Ward 4 Richard W. Wimmer, Alderman Ward 5 Robert J. Peterson, Alderman Ward 6 Geri A. Condon, Alderman Ward 7 City of McHenry 333 South Green Street McHenry IL 60050 (815)363-2100 NOTE: Parties interested in the regulations of the City of McHenry governing building, real estate development, and land use should also consult: 1. City of McHenry Subdivision Control and Development Ordinance 2. Chapter 7, Buildings and Building Regulations, McHenry Municipal Code 3. Chapter 21, Streets and Sidewalks, McHenry Municipal Code. Page 30 II. FILING PROCEDURES A. APPLICABILITY Except as otherwise provided herein, the requirements of this section shall apply to all applications submitted under the provisions of this Ordinance except Appeals, including applications for: 1. Conditional Uses; 2. Temporary Uses; 3. Integrated Design District Preliminary Plans; 4. Planned Unit Development Final Plans Integrated Design District Final Plans; 5. Variances and Use Variances; 6. Sign Permits and; 7. Zoning Amendments. B. APPLICATION FILING Except in the case of a zoning action proposed by the City Council or a board or commission of the City, any party requesting any City action to which this section applies shall file an application on a form provided therefore by the City Clerk. Every such application shall include as a minimum the applicable items provided in Table 1. C. APPROVAL PROCESS The approval process herein shall apply to all applications except: 1. Appeals; 2. Sign Permits; and 3. Temporary Uses. The approval process for the excepted applications shall be as provided in the applicable sections of this Ordinance. 1.Reserved(MC-96-647). 2.STAFF REVIEW The Zoning Administrator may, together with other departments, consultants, and officials of the City, prepare a written review of the application. Such review shall be forwarded to the Planning and Zoning Commission no later than 7 days before the scheduled public hearing date. 3. PUBLIC HEARING PROCESS (Filings Requiring Hearings Only) For any action that requires a public hearing, the provisions herein shall be complied with. Applications that require a public hearing are: a. Amendments (rezonings) b. Variances C. Conditional Uses, including Integrated Design District Preliminary Plans and Final Plans. (MC-96-647) Page 31 A. PUBLIC NOTICE The applicant shall comply with the requirements for Public Notice herein for any zoning action that requires a public hearing. B.NOTIFICATION TO PETITIONER BY OBJECTORS Any attorney employed by any objector to any petition requiring a public hearing shall notify he petitioner that he or she has been so retained and will file an objection at the hearing. Such notice shall be delivered no later than 4 days before the scheduled date of the hearing. If such notice has not been given, and the petitioner so requests, the Planning and Zoning Commission may reschedule the hearing. C.PUBLIC HEARING Upon receipt of a complete and accurate application for a zoning action requiring a public hearing, the City Clerk shall establish a date for a public hearing and transmit the application to the Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the application. No public hearing shall be held in the absence of a quorum, which shall consist of four members of the Commission. As provided in state statute, applicants .for variances and Conditional Uses shall have the right to have subpoenas issued by the City for persons or documents, to present witnesses, and to cross-examine all witnesses testifying at the public hearing. The Chairman or Acting Chairman may compel the attendance of witnesses. All testimony by witnesses shall be given under oath administered by the Chairman or Acting Chairman. D. PLANNING AND ZONING COMMISSION ACTION Within 60 days after the close of the public hearing, the Planning and Zoning Commission shall transmit to the City Council written findings of fact pertaining to the Approval Criteria provided herein for the applicable zoning action together with a recommendation for action, passed by a majority vote of its members, and any conditions or restrictions to which the Commission recommends the action be made subject. The report shall include the roll call vote of the board on the recommendation. The Planning and Zoning Commission may not defer voting on any petition for more than one meeting unless the petitioner approves any further postponement. In the case of an application for a variance or an Integrated Design District, the Commission's recommendation may include any modification of normal requirements that is authorized by this Ordinance.- E.MAILING OF ZRA PLANNING AND ZONING COMMISSION REPORT The Zoning Administrator shall mail a copy of the report of the Zoning Beard Planning and Zoning Commission to the petitioner and to representatives of any objectors not less than 5 days prior to the City Council meeting at which the report is to be acted upon. 4. CITY COUNCIL ACTION The City Council shall not act upon any application requiring a public hearing until either it has received a report thereupon from the Planning and Zoning Commission or until 60 days have elapsed from the close of the public hearing thereupon. Page 32 The Council shall not approve any application unless it finds that the zoning action applied for meets applicable Criteria for Approval provided herein. In the case of a variance, a vote of two-thirds of all aldermen shall be required to approve any application not approved by the Planning and Zoning Commission, as provided by the Illinois Revised Statutes. (MC-97-684) In the case of a Conditional Use, Integrated Design District, or variance, the Council may make its approval subject to any conditions or restrictions it finds necessary to assure compatibility with the vicinity of the subject property. The Council may also set time limits within which such conditions or restrictions must be complied with. 5.RESUBMISSION Except as otherwise provided herein, no application that has been denied by the City Council shall be resubmitted within one year of the date of denial except on the grounds of new factual evidence or a change in conditions found to be valid by the Planning and Zoning Commission. D. FILING FEES AND RETAINED PERSONNEL FEES All applications shall be accompanied by a Filing Fee. A deposit toward the costs of any Retained Personnel necessary for the processing of the application, such as consulting engineering services, consulting planning services, legal services, or court reporter services shall also be paid except for applications for: 1. Minor Variances; 2. Temporary Uses; 3. Appeals; 4. Sign Permits. The deposit shall be credited against the expense to the City of such Personnel, which shall be fully charged to the applicant. Any portion of the deposit not needed to pay such expense shall be refunded without interest to the applicant within 30 days of final action on the application. The amounts of such filing fees and deposits shall be as determined from time to time by the City Council. A schedule of current fees and deposit requirements shall be made available in the Offices of the City Clerk and the Zoning Administrator. E.DISCLOSURE OF INTEREST The party signing the application shall be considered the applicant. An applicant must be the fee owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Page 33 1.Applicant Is Not Fee Owner If the applicant is not the fee owner of record of the subject property, the application shall disclose the legal capacity of the applicant and the full names, addresses, and telephone numbers of all owners. In addition, an affidavit of the fee owner or owners shall be filed with the application stating that the applicant has authority from the owner to make the application. 2. Applicant or Fee Owner Is Corporation or Partnership. If the applicant, fee owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation, the application shall disclose the names and addresses of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. 3.Applicant or Owner Is a Land Trust If the applicant or fee owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary must be disclosed in the application. Disclosure of present ownership interests shall be accompanied by a statement by the applicant of proposed ownership of all land. In the event of a change in ownership between the time the application is filed and the time of the public hearing, such change shall be disclosed by affidavit no later than the time of the hearing. For any application for a Sign Permit, the application shall disclose the ownership of the sign and the ownership or management of the premises on which it is to be displayed. For an application for either a Sign Permit or a Temporary Use Permit, the application shall include the written permission of the owner or manager of the premises on which the sign or Temporary Use is to be located. A manager providing such permission shall furnish satisfactory evidence of his or her authority to act on behalf of the owner. F.PUBLIC NOTICE Except as otherwise provided herein, an applicant for any action that requires a public hearing must provide public notice of such hearing. Zoning actions that require a public hearing are: 1. Amendments(rezonings); 2. Variances; 3. Conditional Uses, including Planned Unit Develepment Integrated Design District Preliminary Plans and Final Plans. (MC-96-647) The required notice shall consist of the following actions: 1. SIGN DISPLAY Except in the case of applications for Minor Variances, the applicant shall post a sign in the Required Front Yard of the affected property, facing and visible from a public street and no further than 30 feet from the right-of-way line. The sign shall conform to such requirements as to copy, size of lettering, and other items as may be established by the City Council. The sign shall be erected no less than 15 days prior to the date of the scheduled public hearing and remain continuously in place until the public hearing is concluded but no more than 10 days thereafter. Page 39 Variance Uses Uses Map Except With Condi- with Amend- Minor Landsc- tional Parkins ment Variance Stria** Uses 25 Copies of Site Plan showing: (continued) 10. CIRCULATION - R - - x Existing&proposed number, location, alignment,dimensions,design,and construction standards of all public &private thoroughfares,sidewalks, pedestrian&bicycle paths,railroad rights.�of-way,curb cuts,&driveways, &distance of property lines to nearest existing intersections 11. SUBSURFACE CONDITIONS R R - - R Data on subsurface soil,rock and groundwater conditions 12.PROPOSED LANDSCAPING - - - x - a. Location,quantity,diameter, installation height,maturity height,botanic name,&common name,of all proposed living& non-living landscaping materials &existing materials to be preserved b.Types&boundaries of proposed ground cover c.Location&contours at 1-foot intervals of all proposed berming d. Dimensions&appearance of all sides of proposed fences,walls, ornamental lighting,&other landscaping&screening treatments e.Measures to be taken to protect new&preserved existing trees during construction. Notes for Table 2 x: Required for all site plans -: Not required for any site plan R: Required upon request of ZGRIRg-Beard Planning and Zoning Commission or Zoning Administrator * Uses providing over 4 parking spaces for applications specified in Off-Street Parking and Loading Section ** All uses required to provide any Screening or Planting Strip in the Landscaping and Screening Section herein ***Or such other scale as the Zoning Administrator or Planning and Zoning Commission Zoning-Beard shall require MC-898-454.A Changed"x" designation on Map Amendments to"R"on 6a,b,c,d,9,10, &13 MC-96-647 Deleted references to PUD;now in Chapter XI IDD and renumbered 9,10, 13,16,18 to 8,9, 10, 11, 12 respectively Page 66 C. INTERPRETATION OF DISTRICT BOUNDARIES District boundary lines shall, unless otherwise indicated, be on the boundary lines of the City, of sections or divisions of sections, or tract or lot lines; on the center lines of streets, railroads, alleys, easements, rivers, and other water bodies; or on the extension of such lines. District boundary lines approximately following such lines shall be interpreted as located on those lines. Distances not specifically indicated on the map shall be established using the scale of the map. Where a district boundary divides a lot in single ownership, the district governing any portion of the lot may, at the owner's discretion, extend to the entire lot if such extension is not more than 25 feet beyond the district boundary on the map. D. ZONING OF ANNEXED LAND Except as may be provided for by Annexation Agreement or by a subsequent amendment to this Ordinance, any lot or parcel of land hereafter annexed to the City shall be automatically classified E, RS1, RSIa, RS2, RS3 or RS4 Zoning District "RS" Classification, whichever is most restrictive, provided however that the area of the annexed parcel or lot is in conformance with the minimum lot area requirement of that District. (MC-93-593) E.REGULATION OF DEVELOPMENT ISN SPECIAL FLOOD HAZARD AREAS The use of land located within food plains is regulated by the City of McHenry Special Flood Hazard Areas Ordinance (MC-92-570,REV. MC-579)in addition to the requirements herein.(MC-02-792) F.AIR RIGHTS The development of air rights shall be a Conditional Use in all zoning districts and subject to all other requirements of the zoning district applying to the land below as well as to the procedures and criteria governing Conditional Uses. G.ONE PRINCIPAL BUILDING PER LOT Except within Planned Unit Develepmeats Integrated Design Districts and the Health Care District, no more than one principal building or use shall be permitted on any lot in any zoning district. (MC-97-672) Page 150 4. SITE PLAN REVIEW Site plan review shall be applicable to all development, as defined in the Zoning Ordinance, and any other activity requiring a building permit. (a) Administrative Site Plan Review. Administrative site plan review shall be required for all development and other activities requiring a building permit that comply with: 1. The regulations for permitted and conditional uses, bulk requirements such as lot area, width and coverage, required yards, building height, and floor area ratio, as provided in the underlying zoning district in which said property is located; and 2. All other applicable requirements of the Zoning Ordinance, including parking, accessory uses and structures, landscaping, lighting, signage, etc. (b) Expanded Site Plan Review. Any development and any other activity requiring a building permit that is unable to meet any of the requirements of the underlying zoning district or other applicable requirements of the Zoning Ordinance shall be subject to the expanded site plan review procedures. 5. PROCEDURE FOR ADMINISTRATIVE SITE PLAN REVIEW The procedure for administrative site plan review shall be as follows: (a) Application. Applications for administrative site plan review shall be made on forms provided by the City. (b) Required Submittals. The following information shall be submitted with all applications for administrative site plan review: 1. Narrative description of the proposal describing the request and how it rr_eets the purpose, intent, goals, and Criteria for Review of the DOD. 2. Completed building permit application. 3. Recent plat of survey of the subject property, indicating all existing improvements on the site. 4. Two (2)copies of detailed plans of the proposed construction or activity, sign, awning, etc., including but not limited to site plan, elevations, materials, method of construction and landscaping. 5. Any other information deemed necessary by City Staff to perform a complete analysis of the request in accordance with the DOD requirements. All required information shall be submitted to the Zoning Administrator for processing. The Zoning Administrator , in his/her sole discretion, may waive the submittal of one or more of the required submittals if it is determined that such information is unnecessary or irrelevant to the review. (c) Administrative Review. Each request for administrative site plan review shall be reviewed independently by City Staff based on conformance with the purpose and intent, goals, and criteria for review of this Chapter. (d) Administrative Decisions. Within twenty-one (21) days after receipt of all required submittals, the Zoning Administrator shall approve, approve with modifications, or deny the request. Approval shall be in the form of issuance of a valid building permit. Denials will be provided to the applicant in letter form explaining the reasons for denial. (e) Appeals. Any person aggrieved by the decision made by the Zoning Administrator Development Dkeetef in conjunction with this Section may file an appeal in accordance with the provisions of Chapter XVIII of the Zoning Ordinance. Page 151 6. PROCEDURE FOR EXPANDED SITE PLAN REVIEW The procedure for expanded site plan review shall be as follows: (a) Application. Applications for Expanded Site Plan Review shall be made on forms provided by the City. (b) Required Submittals. The following information shall be submitted with all applications for expanded site plan review: 1. Narrative description of the proposal describing the request and how it meets the purpose, intent, goals, and criteria for review of the DOD, and describing all departures from the underlying zoning requirements. 2. A plot plan/site plan depicting setbacks, the relationship of buildings on the site, parking areas, driveways, walkways, landscaping and lighting. 3. Building plans for all proposed buildings. 4. Exterior elevations with material designations and exterior color descriptions, including fagade improvements. 5. Plans for all signs, their dimensions, size and location on the property. 6. Recent plat of survey of the subject property, indicating all existing improvements on the site. 7. Any other information deemed necessary by City Staff to perform a complete analysis of the request in accordance with the DOD requirements. All required information shall be submitted to the Zoning Administrator for processing. (c) Review. All applications for expanded site plan review shall be required to obtain a conditional use permit and shall follow the conditional use permit process in the City's Zoning Ordinance. Each application shall be reviewed by the Planning and Zoning Commission for conformance with the purpose and intent, goals, and criteria for review of this chapter. The Planning and Zoning Commission may require that additional information be provided by an applicant in order to perform a complete analysis of the request in accordance with the DOD requirements. (d) Planning and Zoning Commission Recommendation. Within thirty (30) days after the close of the public hearing, a recommendation to approve, approve with conditions, or deny the application shall be rendered by the Planning and Zoning Commission and forwarded to the City Council for final action. (e) City Council Action. The City Council shall take final action on an application for expanded site plan review at a regularly scheduled meeting. The City Council shall not approve any application unless it finds that the criteria for review in this Chapter have been met. The City Council may make its approval subject to any conditions or restrictions it deems necessary to ensure the viability of the development and its compatibility with the downtown. Page 155 6. Financial institutions, including banks, savings and loan associations and savings banks, finance companies, and credit unions 7. Golf courses and country clubs,private 8. Hospitals, clinics,nursing homes, group homes, and mental health centers 9. Mortuaries, as defined herein 10. Philanthropic and charitable institutions, as defined herein 11. Recreational Institutions, as defined herein 12. Religious institutions as defined herein 13. Accessory uses, buildings, and structures to all Conditional Uses in the district, including off-street parking and loading and signs as provided in Sections VII and IX 14. Integrated Design District Planned Unit Develepinei# (MC-96-647) GROUP R: ADDITIONAL PERMITTED USES IN 0-2 DISTRICT 1. Automated teller machines 2. Automobile and truck rental establishments 3. Blueprinting and photostating establishments 4. Business machines sales,rental, and service 5. Commercial schools for business, trade, electronics, or data processing 6. Computer sales,rental, and service 7. Currency exchanges 8. Donut shops 9. Employment agencies 10. Financial institutions, including banks, savings and loan associations, credit unions, and commercial loan offices 11. Golf courses and country clubs,private 12. Graphics and drafting services 13. Health clubs as defined herein 14. Hotels and motels 15. Laboratories, medical, dental,research, and testing 16. Mail order houses and letter shops 17. Meeting and banquet halls 18. Newspaper distribution agencies for home delivery and retail trade 19. Office, stationery, or art supply stores 20. Plazas and public spaces 21. Post offices 22. Radio and television stations and studios 23. Recording studios 24. Research and development facilities 25. Restaurants, eat-in or carry-out,but not including live entertainment, dancing, or serving of alcoholic beverages, or restaurants that are drive-in establishments as defined herein 26. Studios for artists,musicians, and photographers 27. Union halls 28. Wholesaling Page 156 GROUP S: ADDITIONAL CONDITIONAL USES IN 0-2 DISTRICT 1. Airports 2. Convention and exhibit halls 3. Off-street parking lots, public garages, or storage garages, other than as accessory uses 4. Integrated Design District Planned Unit Develepments, 5. Radio and television towers 6. Restaurants, eat-in, serving alcoholic beverages but without live entertainment or dancing 7. Taverns and bars without live entertainment or dancing 8. The following uses as Accessory Uses located totally within a building housing a Principal Permitted Use and with neither any separate outside entrance nor any sign facing or visible from any public street: a.newspaper, magazine, and tobacco shops b. gift or card shops c. flower shops d. drug stores e. barber shops and beauty shops GROUP T: PERMITTED USES IN I-1 INDUSTRIAL DISTRICT 1. Bakery plants 2. Commercial schools, such as for business or electronics 3. Contractor and construction offices 4. Dry cleaning plants and laundries 5. Dwelling unit of caretaker or guard 6. Fuel storage,bulk(MC-04-846) 6a. Golf courses and country clubs,private 7. Graphics and drafting services 8. Laboratories, medical, dental, research, and testing 9. Low-nuisance light manufacturing, fabricating, processing, cleaning, servicing, testing, repair, and assembly facilities not listed elsewhere as Permitted or Conditional Uses that are able to conform to the Performance Standards herein for light industrial uses 10. Parks, playgrounds, golf courses, forest preserves, wildlife sanctuaries, and other publicly owned open space 11. Permitted Public Uses, as defined herein 12. Printing and publishing establishments 13. Radio and television stations and studios 14. Recording studios 15. Research and development facilities 16. Streets and alleys 17. Temporary buildings for construction purposes for a period not to exceed the duration of such construction 18. Warehousing, storage, and distribution facilities 19. Wholesaling 20. Wireless Communication Facilities, provided they are located on an existing structure, subject to the requirements of Chapter III, Section O herein(MC-06-889) 20. Accessory uses, buildings, and structures to all Permitted Uses in the district, including off-street parking and loading and signs as provided in Section VII and IX Page 157 _GROUP U: CONDITIONAL USES IN I-1 INDUSTRIAL DISTRICT(MC-02-792) 1. Airports 2. Reserved 3. Automobile service stations 4. Batch asphalt, concrete,Portland Cement, or mortar mixing plants 5. Cemeteries 6. Conditional Public Uses, as defined herein 7. MC-04-846 8. Manufacturing, fabricating, processing, cleaning, servicing, testing, repair, or assembly facilities that are not listed elsewhere as Permitted or Conditional Uses, including facilities for abrasive products; boilers and tanks; chemicals; fiberglass; glass; metal; textiles; transportation equipment; and any other facilities that are able to conform to the Performance Standards herein for heavy industrial uses 9. Mini-warehouse(MC-98-703) 10. Motor,rail, or air freight terminals 11. Off-street parking lots,public garages, or storage garages, other than as accessory uses 12. Outdoor storage associated with any Permitted or Conditional Use in the district 13. Integrated Design Districts Planned Unit Developments 14. Quarries 15. Radio and television towers 16. Recycling centers, solid waste 17. Rubber, natural or synthetic,manufacture or manufacture of caoutchouc or gutta percha 18. Sand and gravel extraction 19. Synthetic polymer manufacture 20. Wireless Communication Facilities, provided they are not located on an existing structure, subject to the requirements of Chapter III, Section O herein(MC-06-889) 21. Accessory uses,buildings, and structures to all Conditional Uses in the district, including off-street parking and loading and signs as provided in Sections VII and IX Page 158 GROUP V: PERMITTED USES IN A BUSINESS PARK DISTRICT. The uses hereinafter permitted shall be restricted to those which require a pleasant, hazard-and-nuisance free environment, (located in a mutually compatible environment within a large park and campus-type setting) and do not create either an appreciable nuisance or hazard to other property, individuals or the public in general: 1. Office 2. Service 3. Limited retail 4. Hospitality 5. Institutional 6. Medium restrictive industrial 7. Warehousing 8. Wireless Communication Facilities, provided they are located on an existing structure, subject to' the requirements of Chapter III, Section O herein(MC-06-889) GROUP W: CONDITIONAL USES IN A BUSINESS PARK DISTRICT 1. Uses allowed as Permitted Uses in the C-5 District. 2. Outdoor storage tanks 3. Integrated Design District Planned Ufdt Develepment(MC-96-647) 4. Restaurant serving alcoholic beverages with live entertainment or dancing(MC-97-691) 5. Restaurant serving alcoholic beverages without live entertainment or dancing(MC-97-691) 6. Wireless Communication Facilities, provided they are not located on an existing structure, subject to the requirements of Chapter III, Section O herein(MC-06-889) GROUP X: PERMITTED AND CONDITIONAL USES IN THE HEALTH CARE DISTRICT. The permitted and conditional uses in the Health Care District shall be established as defined in the Circulation and Land Use Plan that is approved in conjunction with the Health Care District zoning classification. The permitted and conditional uses and their appropriate locations, as identified in the Plan, shall be established in accordance with the purpose and intent of the Health Care District. Page 166 5.PRESERVATION AND REPLACEMENT OF EXISTING SPACES No off-street parking or loading spaces either provided in conformity with the provisions of this or a previous Ordinance or voluntarily provided in excess of what such provisions require, shall be reduced in size or number below the requirements herein, or further below such requirements, so long as the use they serve continues in operation. 6.SUBMISSION OF SITE PLAN A Site Plan showing off-street parking and loading facilities shall accompany an application for any of the following for any use required to provide over 4 off-street parking spaces or one or more off-street loading spaces: a. Building Permit or Certificate of Occupancy b. Conditional Use Permit C. Rezoning d. Preliminary or Final Plat approval as provided in the Subdivision control Ordinance e. Variance from off-street parking or loading requirements f. Integrated Design District Plamied Unit Develepffient Preliminary or Final Plan. g. Use Variance. (MC-94-614) The City Council may waive or defer this requirement in any instance in which the specific use of the premises, and therefore the specific parking and loading requirements applicable, are not yet determined, such as in the case of a rezoning for an industrial subdivision. The Site Plan shall meet the requirements of Table 2 in the Filing Procedures section herein. 7. STORAGE AND REPAIR No storage of any kind, nor motor vehicle repair work except for emergency services, is permitted in any open off-street parking or loading area except those provided for single-family detached or attached dwellings. 8.ACCESS Each required off-street parking space and loading space shall open directly upon an aisle or driveway of such width and design as to provide a safe and efficient means of vehicular access, and shall have vehicular access to a public thoroughfare in a manner that will least interfere with traffic movement thereupon. Dimensions of aisles and driveways shall be as provided in Table 10. Page 196 2.PARKING SCREENING STRIP A 10-foot landscaped strip which shall consist of densely clustered groups of varying species and size of shrubs and trees, and berming, which may include a solid wall or fence all which shall not exceed 4-feet in height at installation or maturity and shall not be less than 3-feet in height or minimum as determined by the Zoning Administrator to affectively provide screening except for trees which must maintain a minimum 7-foot trimmed canopy off the ground as to not obstruct views into and out of the site. This shall be located around the perimeter of the parking lot to screen vehicles and vehicle headlights from adjacent public ways. The clustering of the groups of plants shall allow for plowing and snow storage. A solid row of hedges, one type of plant or solely a solid wall shall not be permitted unless it is determined by the Zoning Administrator Community Development Department that this would be the only way to affectively screen vehicle headlights. The parking screening strip is required for all off-street parking lots containing more than 5 parking spaces and any vehicle or equipment storage lots or vehicle or equipment sales lots. 3. PARKING ISLAND STRIP A landscaped island is an 8 x 15 island in the interior of an off-street parking area to be provided every 15 parking spaces and at the ends of parking rows. The intent of the parking islands is to provide shade trees on hot summer days, reduce the effects of the urban heat island by reducing paved surfaces and visually breaking up the expanse of asphalt. For parking lots containing more than 200 parking spaces more unique design should be incorporated. This should include adding a center landscape strip between the parking spaces, Example 1. This design can also include adding a pedestrian walkway into the central landscape strip between the parking spaces Example 2. These central landscape strips should be evenly spaced around the parking lot, approximately every 150 to 200 spaces Page 201 7. SIGN LANDSCAPING An effective monument sign not only draws the public's attention to the business located at that site, but also adds to the aesthetic appeal of the site. Monument signs attract a significant amount of attention so the use of strong landscape design principles, which incorporate a variety of plant materials and provide visual interest throughout the year, should be used. A sign landscaping plan drawn to scale must be submitted as part of a sign permit application for all monument signs. For every one(1) square foot of gross sign area, there shall be provided a minimum of two(2) square feet of landscape planting area including both plant material and grasses and shall be located within 5-feet of the base of the sign. C.LANDSCAPE PLAN SUBMITTAL REQUIREMENTS A Landscape Plan shall be filed with an application for: 1.Rezoning 2. Conditional Use Permit 3. Any variance from landscaping or screening requirements 4. Integrated Design District Plaiined Unit Develepment Preliminary or Final Plan approval 5.Preliminary or Final Plat approval as provided in the Subdivision Control Ordinance 6. And Development as defined in the Subdivision Control Ordinance 7. Building Permit or Certificate of Occupancy 8. Use Variance. (MC-94-614) 9. Free-standing Monument Sign application The City Council may waive or defer this requirement in any instance in which the specific use of the premises, and therefore the specific landscaping and screening requirements applicable, are not yet determined, such as in the case of a rezoning for an industrial subdivision. 1. Content of Landscape Plan a. The location and dimensions of all existing and proposed structures,parking lots and drives, roadways and right-of-way, sidewalks,bike paths, ground signs, refuse disposal areas,bicycle parking areas, fences, freestanding electrical equipment, utility easements, conservation easements, lighting,tot lots and other recreational facilities, proposed locations of storm water inlets, valve vaults, hose bibs, manholes, hydrants, fire department Siamese connections and other structural features as determined necessary by the Zoning Administrator ; a. The location, quantity, size, root ball condition and name, both scientific and common of all proposed plant materials, and existing plant materials to be preserved as well as boundaries of all planting beds; Page 222 a. Warning Signs. A maximum of 2 No-Trespassing, No-Dumping, No-Hunting signs or the like per lot, each not larger than 2 square feet in area. b. Window Signs (except interior neon window signs; see IX(B)(9)and Table 18) , Shall not have an aggregate area greater than 50 percent of the total display window area of a business. 3. EXEMPT CHANGES TO SIGNS No Sign Permit shall be required for the following changes to exempt or non-exempt signs, but such changes must conform to all applicable sign regulations of this Ordinance: a. A change in the copy on a Display Board sign. b. Painting, cleaning, repair, maintenance, or face replacement of a sign not involving structural change and made necessary by breakage or deterioration but not by a change in advertiser. 4. PROHIBITED SIGNS The following signs and displays as defined herein are prohibited in all zoning districts, subject only to the exceptions stated herein: a. Flashing signs. b. Nieving signs. C. Projecting signs, except in the C-4 Downtown Commercial District. d. Roof-mounted signs. e. Signs on otherwise vacant land other than real estate signs, construction signs, or outdoor advertising signs, as defined and regulated herein. f. Vehicle signs. g. Signs using visible neon tubing neon ligMing fe-- i inin tier, except for interior window signs. (see Section IX (b)(9)Table 18). h. Pennants, streamers, balloons, helium filled and inflatable objects, search lights, beacon lights, per-seas except as otherwise permitted by or exempted from these regulations, but not to include public notice signs required under this Ordinance. i. Any sign advertising a product, service, business and the like, that is not located on the premises upon which the sign is located. Page 224 7. ATTACE MENTS TO BE SECURED All letters, figures, and characters on a sign shall be safely and securely attached to the sign structure. 8. SERVICE STATION SIGNS AND DISPLAYS In addition to other signs and displays permitted herein, the following displays are permitted as accessory to automobile service stations: a. Product Displays and Temporary Signs Items for sale on the premises openly displayed within 20 feet of the principal building but not within any required yard, as well as under pump island canopies or between pumps within the area of the pump island base. Up to 2 temporary signs within 20 feet of the principal building advertising products for sale on the premises with a combined sign area not greater than 30 square feet. b. Rrkjag Signs Free standing signs providing only pricing information that have a sign area not greater than 12 square feet and that conform to all other requirements for main free standing signs in commercial areas in Table 18. 9. NEON SIGNS Neon Signs are only permitted in non-residential zoning districts on interior windows in accordance with the following provisions and requirements of Table 18: a. Only one neon sign is permitted per window pane; b. Neon signs shall not be used to outline windows and doors, accentuate or trim architectural features or outline borders of signs or buildings; C. Neon signs shall not cover more than 50% of any window pane. C. ADMINISTRATION 1. PERMITS a. Contents of Sign Permit Application An application for a Sign Permit shall be made upon forms provided by the Zoning Administrator and shall include the information provided for in Table 1 in the Filing Procedures section of this Ordinance. In addition, a landscape plan as outlined in Chapter VIII. Landscaping and Screening in the Zoning Ordinance shall be filed for all free-standing/monument signs. b. Issuance of Sign Permits The Zoning Administrator shall issue a Sign Permit for any sign for which a complete and accurate Sign Permit Application has been filed when he or she has determined that the sign is in compliance with this and other applicable City ordinances. Page 225 C. Suspension,Revocation, and Denial A Sign Permit shall become void if the sign authorized thereby has not been completely installed within 6 months of the date the Permit was issued. The Zoning Administrator shall give written notice to the applicant of denial of a Sign Permit Application together with the reasons for the denial. The Zoning Administrator may suspend or revoke, in writing to the permittee, any Sign Permit issued on the basis of misstatement of fact. d. Removal of Unsafe, Abandoned, or Unlawful Signs Any sign as defined herein that no longer identifies a business, activity, event, or service conducted or product, service, or entertainment sold on the premises where the sign is located shall be considered abandoned. An abandoned sign shall be removed entirely by the property owner within 120 days after such business, activity, event, or service ceases operation, or product, service or entertainment is no longer sold on the premises. In lieu of removing an abandoned sign in its entirety, a property owner must remove the sign all identification pertaining to the former business and shall install a blank, white panel in the area containing the sign's message. If upon inspection the Zoning Administrator finds that a sign is abandoned, unsafe, or in any way not in compliance with City ordinances, he or she shall issue a written order to the permittee stating the nature of the violation and requiring the repair, replacement, or removal of the sign within 14 days of the date of the order. If after 14 days of issuance an order has not been complied with, or if a sign constitutes an immediate hazard to the public safety, the Zoning Administrator may recommend to the City Council that it authorize judicial process to cause the sign to be removed or repaired pursuant to the provisions concerning Unsafe Buildings of Chapter 24, Article 11, of the Illinois Revised Statutes. After any removal of a sign through judicial process,the Zoning Administrator shall send a notice to the sign owner stating the nature of the removal work performed and demanding payment of the cost thereof plus 10 percent for inspection and administration costs. If said amount is not paid within 30 days of the notice, it shall become a lien against the property of the sign owner. 2. RELIEF Petitions for relief from the sign regulations herein shall be heard and decided by the City Council. Submission requirements shall be as determined by the Council, and no public notice shall be required. There shall be a $175 application fee. (MC-07-907) The Council shall grant such relief only by a vote of a majority of its members and only if it finds that such relief a. will not be materially detrimental to the public welfare or injurious to other property in the vicinity; and b. will not impair an adequate supply of light and air to adjacent property, increase the danger of fire, endanger public safety, or substantially impair property values in the neighborhood. C. shall not give the property owner or business an unfair advantage over a similar business. d.. will not cause a hazard to the public's safety by being distracting because of size, location, or being located within rights-of-way. Page 227 C. Constant Illumination Sign illumination shall be constant in intensity and color. d. Non-Glaring The light for any illuminated sign shall be shaded, shielded, or directed so as not to cause glare in surrounding properties or in public streets. e. Traffic Hazards No direct or reflected light from a light source for an illuminated sign shall create a traffic hazard for operators of motor vehicles. f. Neon No sign shall use visible neon tubing , except for interior window signs.(see IX(b)(9)Table 18) 3. SIGN DESIGN a. Resemblance to Traffic Devices No sign shall by reason of shape, color, content, or use of lighting be similar in appearance to any traffic signal or traffic sign in a way that may interfere with traffic movement or safety. a. Obscenity No sign or display shall contain words or pictures of obscene, indecent, or immoral character that offend the public morals and decency of the City. C. Area Limitations for Changing Electronic Message Signs and Display Board Signs The area of a business sign devoted to a changing electronic message or a display board shall not exceed 33°o of the total sign area. d. Permit Number The Sign Permit number shall be displayed in a conspicuous place on every non-exempt sign. 4. CONSTRUCTION STANDARDS a. Building and Electrical Codes Apply All signs shall conform to the Buildings and Building Regulations Ordinance of the City, including the Electrical Code adopted therein. Any required Building or Electrical Permits shall be obtained at the same time as the Sign Permit. Conductors for all illuminated signs shall be enclosed in rigid conduit or other approved raceways and shall be controlled with an external disconnect. All sign circuit conduit shall where possible be concealed from public view. Page 229 ALL USES 1 per entrance/exit Directional Sign !_ Wall or FS 1 location I 5 3 Wall or FS Other locations---�- 10 Real Estate Sign Wall or FS 1 I 32 8 5 Construction Sign Wall or FS I 1 32 8 5 RESIDENTIAL USES Development Entrance Sign i Wall or FS 1per entrance[a] , 32 6 5 INSTITUTIONAL USES Business Sign Wall or FS 1 32 6 5 COMMERCIAL USES Wall-1.5 sf.per foot of building frontage; Business Signs Wall or Canopy �2 Canopy-not to exceed 2/3 face of canopy 0.5 sf.per foot of lot frontage,200 sf. — ��- FS 1 max. 15 5 �! Projecting 1(C-4 dirt.only) 5 Menu Board Sign Wall or FS I 1(drive-thrus only) 32 8 j [b) Temporary Sign[c] ! Wall or FS 1 32 8 5 i Wall-.25 sf per foot of building frontage I Neon Signs I wall 1(g) (g) SHOPPING CENTER USES _T Developments with 100,000 sf.or less, 15 j 100 sf. I Developments with more than 100,000 sf. 25 Development Entrance Sign i FS 1[d] 250 sf. 7 . Business Signs Wall-1.5 sf.per foot of tenant frontage In-Line Tenants Wall or Canopy 1[e][f] f Canopy-not to exceed 2/3 face of canopy -- Single-User Out i Wall-1.5 sf,perfootof building frontage Parcels Wall or Canopy j 2 Canopy-not to exceed 2/3 face of canopy - -- FS 1 32 6� _; -7 I Wall-.25 sf per foot of building frontage Neon Signs ! Wall 1(g) (g) Menu Board Sign In-Line Tenants Wall or FS i 1(drive-thrus only) ! 32 8 I [b] Single-User Out Parcels I Wall or FS I 1(drive-thrus only) 32 I 8 I db]Temporary Sign[c] j Wall or FS ! 1 32 8 Page 230 revised 1/09 BUSINESS PARK USES Development Entrance ( 1 per street Sign FS entrance + 140 ( 15 5 Business Signs 1 Wall ' 1 1.5 sf.perfoot of building frontage -- � - -�-' 0.5 sf.per foot of lot frontage,100 sf. FS 1 max. I 6 ( 5 Temporary Sign[c] j Wall or FS i 1 32 8 i 5 Neon Signs I Wall 1(g) I Wall-.25 sf per foot of building frontage HEALTH CARE USES Development Entrance ' ( 1 per street Sign I FS ( entrance 140 15 J 5 Business Signs Wall ' 1 1.5 sf. perfoot of building frontage 32 �_ Temporary Sign[c] Wail or FS 1 �— — R_--32 '---- -_ -_._._.8 `5-- Neon Signs Wall—--r 1(g) �� WO-.25 sf per foot of building frontage BED AND BREAKFASTS Business Sign FS or wall 1 4 sf 3 5 NOTES: [a] Shall be non-illuminated and contain only the name of the subdivision, development or apartment complex. [b] Shall be located in a side or rear yard only. [c] Shall be allowed for a maximum of 4 occasions per calendar year,with a maximum display period of 30 days each occasion and a maximum cumulative total of 60 days per calendar year. A minimum of 30 days must elapse between each occasion. [d] Shopping centers with frontage on two streets may substitute one sign per street frontage, with maximum height of 8', 100 s£ in area and setback a minimum 7 feet from property line. [e] Tenants located in a corner unit shall be allowed two wall signs. [f] Tenants located in an outlot building having two or more principal uses shall be allowed one(1)additional wall sign. The additional walls sign shall be of the exact same appearance as the tenant's main business sign on the front facade, shall be located on the rear(opposite of the front) facade of the tenant space, and shall be'/z of the sign area of the main business sign on the front facade. [g] Only one neon sign is permitted per window pane; see additional regulations in Section IX(B)(9) Page 255 Table 20: Standards for Accessory Structures 1)Maximum HEIGHT in Residential Districts: In feet: 17 In stories: 1 2)Maximum COVERAGE of required REAR YARD[a]: 35% 3)Minimum SETBACK from any LOT LINE in feet [b]: 3 4)Minimum SETBACK from Principal or Other Accessory BUILDING in feet: Size of Accessory Building Rear Yard Setback Setback from Principal and Other Accessory Buildings Less than 500 sq ft 3 feet 10 feet 500-750 sq ft a 25%JcJ 15 feet 750-1001 sq ft a 50% c 20 feet 5)Maximum NUMBER& SIZE of Residential Accessory Buildings [d] : Maximum Number Permitted Maximum Floor Area in Sq Ft Detached Garage 1 1,000 sq ft All Other Accessory Buildings 1 300 sq ft Cumulative for All Accessory Buildings 2 1,000 sq ft MC-99-729 [a] Cumulative for all accessory structures in rear yard. Excludes areas occupied by open patios and decks and swimming pools. Percentage of coverage applies to area of actual Required Rear Yard when it is smaller than area of required rear yard. [b] Except fences, walls, landscape screens, berms, and hedges. Structures are subject also to the yard requirements of Table 19, which may impose greater setbacks from lot lines for certain structures. [c] Expressed as a percentage of the principal building rear yard setback [d] On residential lots in any RS District. [e] All accessory buildings 500 sq ft and greater must use the same building materials and color as the principal building [fJ Except enclosed decks and patios and accessory uses that are structurally a part of the principal building; except a shed having a floor area of less than 100 sq ft and a height of less than 10 ft Page 357 by the Planning and Zoning Commission or may refer such application to the Planning and Zoning Commission for public hearing and action thereon pursuant to the requirements of this ordinance as in the case of an application for Conditional Use Permit. (MC-88-459) Table 31: Approval Criteria for Conditional Uses In recommending approval or conditional approval of a Conditional Use, the Planning and Zoning Commission Zexifig Beams shall transmit to the City Council written findings of fact that on the basis of the characteristics cited under Review of Conditional Uses herein, or changes to such characteristics that the Board recommends, the proposed use will be compatible with existing uses in the area, and with Permitted Uses in the zoning district, in the ways specified below. The Council shall not be bound by the recommendation of the Zoning Board. However, in granting approval or conditional approval, the City Council shall find that the proposed use will be compatible with such uses in the following ways: 1.Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2.Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of Permitted Uses in the zoning district, have been appropriately controlled. 3.Neighborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with Permitted Uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with Permitted Uses in the district. 4.Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of Permitted Uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. Page 377 Table 32: Approval Criteria for Variances In recommending approval or conditional approval of a variance, the Planning and Zoning Commission Beale Amass shall transmit to the City Council written findings of fact that all of the conditions below apply to the application. The City Council shall not be bound by the recommendation of the Planning and Zoning Commission Bear$€ Appeals. However, in granting approval, the City Council shall similarly find that all of the following conditions apply: 1.Special Circumstances Not Found Elsewhere Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district. And these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. 2. Circumstances Relate to the Property Only Since a variance will affect the character of its surroundings long after a property changes hands, the special circumstances referenced herein relate only to the physical character of the land or building(s) for which a variance is sought, such as dimensions, topography, or soil conditions. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on, therein, nor to the personal, business, or financial circumstances of such owner or tenant or any other party with interest in the property. 3.Not Resulting from Applicant Action The special circumstances that are the basis for a variance have not resulted from any act of the applicant or of any other party with interest in the property. 4. Unnecessary Hardship For reasons fully set forth in the written findings, the strict application of the provisions of this Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. 5. Preserves Rights Conferred by District A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district. Public Hearing: City of McHenry File No.Z-735 Text Amendment Chairman Howell at 7:59 p.m. called to order the Public Hearing regarding File No. Z-735, an application for following Zoning Text Amendments as submitted by the City of McHenry: 1) Replace all references to "Planned Unit Development" (PUD) in the ordinance with "Integrated Design District"(IDD); 2) Replace all references to "Community Development Department" (CDD) and "Director of Community Development"(DCD)to"Zoning Administrator"; 3) Amend Accessory Structure bulk area requirements; 4) Add provisions for Neon Signs; 5) Remove provisions for"Moving Signs"from the Zoning Ordinance. Notice of the Public Hearing was published in the Northwest Herald on December 30, 2008. The Certificate of Publication is on file in the City Clerk's Office. Planner Kolner provided the Commission with a summary of the Staff Report regarding the request. She provided the commissioners with background information relative to each of the proposed text amendments: 1) General Zoning Ordinance Languaize Clean-Up: Replace all references to PUD with IDD and all references to ZBA to PZC Planner Kolner noted in 2005 Chapter XI of the Zoning Ordinance was amended in its entirety. The PUD Chapter was replaced with the IDD Chapter. Recently Staff noted there remain several references to PUD elsewhere in the Zoning Ordinance (outside of Chapter XI). In addition, any reference to the Zoning Board of Appeals is replaced with the Planning and Zoning Commission. Corrections would be made if this text amendment is approved. 2)Replace all references to CDD and DCD with Zoning Administrator Planner Kolner stated the City has reorganized the Building and Zoning Department several times during the past several years. To that end, each time the Department has been restructure/renamed, all references to the Department in the Zoning Ordinance require modification in order to remain accurate and current. Staff is proposing that all references to the Department be replaced with Zoning Administrator to alleviate any need to modify the language for that reason in the future. 3)Accessory Structure Bulk Area Requirements Planner Kolner stated the Community Development Committee recently reviewed the bulk area requirements for accessory structures. The Committee has recommended modifications which would allow larger structures on larger lots and smaller structures on smaller lots. Relative setback requirements would also be implemented. 4 Neon Signs Planner Kolner reported the Community Development Committee has recommended that building permits should be required for all neon signs which were previously exempt from the permit requirement. Additionally,the neon signs would be required to comply with the following restrictions: a) Neon signs may not cover more than 50%of any window pane; b) Total area of all neon signs for a business shall not exceed 25% of the linear frontage of the building or business space; c) Only one neon sign is permitted per window pane d) Neon signs may not be used to outline windows and doors, accentuate or trim architectural features, or outline borders of signs or buildings. 5 Moving_Signs Planner Kolner stated the Community Development Committee, following a lengthy discussion at its October meeting, decided to continue to prohibit "gorilla advertising". City Attorney McArdle has drafted an ordinance which would remove references to moving signs from the Zoning Ordinance. The ordinance also amends the Municipal Code by including "moving signs" as an advertising nuisance in Chapter 3. Chairman Howell invited questions and comments from the commissioners. Chairman Howell inquired if there were any concerns expressed by the Community Development Committee regarding potential violation of Constitutional First Amendment rights with regard to eliminating moving signs for the Zoning Ordinance. Planner Kolner responded the Committee was concerned with safety issues regarding costumed persons distracting drivers. Responding to an inquiry regarding the recent flurry of sandwich board signs and persons carrying signs advertising the Circuit City Going Out of Business Sale, Attorney Cahill stated when a business is going through a bankruptcy, they are required to follow local sign ordinances. Bankruptcy trumps the local sign ordinance. In response to Chairman Howell's inquiry regarding a person holding a political sign, Attorney Cahill noted political speech is granted greater leniency than commercial speech. Question was raised as to when establishments with existing non-conforming neon signs would have to comply with the sign ordinance. Planner Kolner responded all non-conforming signs would have to be brought into compliance by 2013 or else pay an annual non-compliance fee. An inquiry was raised with regard to neon being utilized in a company logo. Planner Kolner responded the applicant could seek a variance from Council. Some discussion followed regarding the large amount of signs which appear in the public right-of-way on weekends. Planner Kolner noted Staff go out periodically to remove signs on weekends. Noting the moving sign nuisance was being moved to the Municipal Code, it could be enforced by the Police Department. In response to a question, Planner Kolner stated temporary banners would still follow the typical procedure for securing a sign permit. In response to Chairman Howell's inquiry, there were no questions or comments from the audience. Motion by Nadeau, seconded by Cadotte, to recommend to the City Council with regard to File No. Z- 735, a request for Text Amendments to the Zoning Ordinance relating to language clean-up regarding the terms "Integrated Design District", "Zoning Administrator" and "Planning and Zoning Commission",be granted as presented. Voting Aye: Buhrman, Cadotte, Ekstrom,Howell,Nadeau, Schepler,Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Motion by Nadeau, seconded by Cadotte, to recommend to the City Council with regard to File No. Z- 735, a request for Text Amendments to the Zoning Ordinance relating to bulk area requirements for accessory structures,be granted as presented. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell,Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Motion by Nadeau, seconded by Cadotte, to recommend to the City Council with regard to File No. Z- 735, a request for Text Amendments to the Zoning Ordinance relating to Neon Signs, be granted as presented. Voting Aye: Buhrman, Cadotte,Ekstrom,Howell,Nadeau, Schepler, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. Comments by Commission: Chairman Howell stated that he believes neon signs are not that offensive. He would only support the amendment because businesses would still have the opportunity to seek a variance from Council which might be appropriate in certain situations. Motion by Nadeau, seconded by Cadotte, to recommend to the City Council with regard to File No. Z- 735, a request for Text Amendments to the Zoning Ordinance relating to moving signs, be granted as presented. Voting Aye: Buhrman, Cadotte, Ekstrom,Nadeau, Schepler,Thacker. Voting Nay: Howell. Not Voting: None. Abstaining: None. Absent: None. Motion carried 6-1. Comments by Commission: Chairman Howell stated he understands the difference between commercial speech and political speech. However, he is not convinced the City should restrict this type of sign or behavior. He further stated he is not confident this type of regulation could even be effective. Liberty Tax feels the costumed person generates income for them. He noted drivers could be distracted by many different things,but it is not appropriate to restrict a person's rights to that extent. Chairman Howell closed the Public Hearing regarding this matter at 8:15 p.m. Community Development Committee Meeting July 22, 2008 Page 4 Discussion: Creation of a Municipal Zoning District Deputy City Administrator Martin reiterated to the Committee that Staff proposed the creation of a Municipal Zoning District at the May 27, 2008 Community Development Committee meeting. He noted that Staff discovered that the overwhelming majority of communities do not have municipal zoning districts,but address municipal uses through other existing districts. Upon completion of the research and discussions with the City Attorney, Staff has concluded that the creation of a municipal zoning district is not in the best interest of the City. There is no substantial benefit in establishing a stand-alone municipal district. Staff recommends that the municipal uses continue to be addressed through existing zoning districts. Responding to an inquiry from Chairman Alderman Condon, Deputy City Administrator Martin affirmed that current ordinances address this matter. Discussion: Measuring Building Height Deputy City Administrator Martin informed the Committee that Staff investigated allowable building height for accessory structures as currently spelled out in the Zoning Ordinance, as directed by the Committee at its May 27, 2008 meeting. Staff has determined a manner in which building height and mass of accessory buildings can be addressed using principal building setbacks. Currently, the City's zoning ordinance states accessory buildings must comply with the following parameters: 1. they cannot exceed 17-feet in height, or one-story; 2. they must be setback at least three feet from any lot line; 3. they are a permitted obstruction in the required rear yard only; otherwise 4. they must be constructed within the allowable building area and not in any required yard; 5. they must be setback at least ten feet from other accessory and principal buildings; 6. cumulative area for all accessory buildings cannot exceed 1,000 square feet. Since the City's allowable height of accessory buildings is consistent with other communities in the area, Staff looked at how the mass and size of accessory buildings could be addressed to be relatively consistent with lot size. Generally, if an accessory building is proportional in size to lot size, the appearance of the building will not be overwhelming. Large buildings with smaller setbacks appear more massive the closer they are to the lot line. If the size of an accessory building is proportional to the size of the lot, the accessory building will not be overwhelming to the individual who is walking or driving by the lot. In addition, if larger accessory buildings have a similar building style, color and design as the principal building, they will not be so obvious. Community Development Committee Meeting July 22, 2008 Page 5 Deputy City Administrator Martin advised the Committee that a larger accessory building would require a larger setback than a smaller building. Staff proposes to link size of an accessory building to the required rear yard, principal building and other accessory structure setbacks. In addition, accessory buildings exceeding 500 square feet should be required to be constructed of the same building materials and color as the principal building. Rear yard setbacks for accessory buildings over 500 square feet would be expressed as a percentage of the principal building rear yard setbacks. Deputy City Adminstrator Martin provided examples of different accessory buildings and rear yard setbacks together with the setback from principal and other accessory buildings. A brief discussion ensued. Motion by Santi, seconded by Wimmer, to direct Staff to prepare an amendment to the zoning ordinance with the terms outlined in tonight's supplement included, to present to full Council for consideration and direction to schedule a Public Hearing before the Planning and Zoning Commission. Aye: Condon, Santi, Wimmer. Nay: None. Absent: Glab. Motion carried. Staff Report Deputy City Administrator Martin informed the Committee that a building permit was issued to Olive Garden. It is Staff s understanding that Olive Garden plans on breaking ground in the near future with the intention of opening before the Christmas holiday. Deputy City Administrator Martin informed the Committee that Staff has received a Letter of Credit from Riverwalk Center. Deputy City Administrator Martin informed the Committee that he has met with the owners of the Verizon Store regarding sign usage. Deputy City Administrator Martin informed the Committee that following the land swap, Historic McHenry will be holding a meeting on July 30, 2008, to begin moving the process forward. Deputy City Administrator Martin informed the Committee that Heritage Woods, the assisted living facility on Crystal Lake Road, is nearly completed. Residents will begin moving into the facility in the near future. Deputy City Administrator Martin informed the Committee that Las Palmas on State Route 31 is close to opening. COMMUNITY DEVELOPMENT COMMITTEE MEETING Tuesday, October 28,2008 Aldermen's Conference Room,7:00 p.m. In Attendance: Committee Members: Chairman Alderman Condon,Alderman Santi and Alderman Glab (arrived at 7:17 p,m.). Absent: Alderman Wimmer. Staff. Deputy City Administrator Martin, City Planner Kolner, Superintendent of Forestry and Park Planning Schmidt and Deputy City Clerk Kunzer. Also in Attendance: Resident Mark Rapata Liberty Tax Service Master Franchisee Tim Oman. Noting a lack of a quorum, Chairman Alderman Condon called the meeting to order at 7:12 p.m. Public Input No one spoke during the time set aside for public input... Discussion: Moving Signs Chairman Condon invited Tim Oman to address the Committee regarding his request that the City revisit its current ban on moving signs. Mr. Oman stated Liberty Tax Service is currently the fastest growing franchise in the country. McHenry was one of the first franchises opened by the business in the entire country. The company's marketing style is to utilize gorilla marketing, similar to that practiced by Jiffy Lube and Mattress Factory among others in the community. Mr. Oman recognized that some cities throughout the country restrict the use of gorilla marketing, but noted that it is against the constitution to prevent its use. The right to advertise a business is inherent in the Freedom of Speech. Mr. Oman noted while he concurs that the use of persons dressed as Lady Liberty waving to passing vehicles might be a nuisance to traffic flow, the use of gorilla marketing, as it is commonly called, is necessary to the growth of the local business. Noting since the City modified its sign code in August 2006, which ultimately prohibited the use of moving/waving signs, the local Liberty Tax Service business dropped off 50%. The purpose of having Lady Liberty waving is to generate business. The tax season is very short and the use of the"wavers" is to increase client base Burin the short season He requested the Committee reconsider its current ban on the use of,waver 'to generate business. Responding to Chauman Condon s inquiry, Mr. Oman stated the prune time for wavers"would be from the last week of January(when W-2 forms are received)until April 15`h. Alderman Glab arrived at 7:17 p.m. Chairman Condon noted a quorum of the Committee was now present. Community Development Committee Meeting October 28,2008 Page 2 Mr. Oman stated during the initial and final portions of the tax season, the waver would be present throughout the day. During mid tax season, the waver would be in place during morning and evening peak times as well as during the lunch hour. Chairman Condon inquired if the company had completed any research to back up their statement that business had dropped off more than 50% as a result of the moving sign ban. Chairman Condon suggested there might be another avenue the company ;could pursue to reinforce the company branding exhibited by the"wavers". Alderman Santi inquired as to the amount of business due to walk-ins versus appointments. Mr. Oman responded 10% of the business is related to appointments; 90% are walk-ins. Mr. Oman further noted that there are typically three types of tax return customers: 1) Blue collar workers—those with simple returns, filing short form, insecure in preparing their own returns but desiring an immediate tax refund; 2) Professional workers — those with more complex returns, not comfortable filing their own returns; 3) Business Owners who typically have an accountant (these customers are.not typically found in the Liberty Tax Service client base). Mr. Oman noted the company's customers are generally spur-of-the-moment custu'mers who have their W-2 form in hand and decide to stop in and file their returns. Alderman Condon opined moving signs ("wavers") are a distraction to motorists. Although she recognized the company has rights pursuant to the Freedom of Speech, she expressed her concerns regarding public safety. Mr. Oman responded he empathizes with the safety concerns, but inquired how the "wavers" would differ,from a business that modifies its changeable sign board copy daily,which would also provide a distraction to motorists. Alderman Glab noted he has witnessed"wavers" in several communities during daily commutes and noted they provide a distraction wherever they are present. He stated he does not see the "wavers" as a positive promotional quality for the business. He opined a business utilizing this method of advertising does not show business integrity or quality. Planner Kolner suggested the Committee,rather than reversing the current prohibition of moving ---- signs, investigate creating a temporary use which would allow and restrict moving signs. Mr. Oman noted to his knowledge McHenry is the only community in northern Illinois which currently prohibits"wavers". Deputy City Administrator Martin noted from Staff s perspective, the original ban on moving signs was instituted as a result of the Committee's concerns regarding motorist and pedestrian safety. Additionally, costumed people oftentimes encouraged drivers to honk their horns, creating further distractions and nuisances. He noted there is current case law addressing the issue.of movuig signsP'wavers". Deputy City Administrator Martin stated Staff has suggested a compromise.which would allow the "wavers" but restrict the use to private property and to Community Development Committee Meeting October 28,2008 Page 3 continue to prohibit the use on public property (right-of-way). If the"wavers" overstepped the property line and advertised on public property, they could be charged with creating a public nuisance. Chairman Condon inquired if Staff had considered requiring a sign permit for the moving signs. Mr. Oman noted one city had chosen that route, but soon reversed itself when it realized it could create liability issues as a result of requiring a permit for"wavers". Chairman Condon stated she would prefer the "wavers" not be allowed. She inquired if Staff could suggest a specific distance the"wavers"be permitted from the public right-of-way. Deputy City Administrator Martin responded at least 5-10 feet from the property line would be appropriate. He noted if the City chooses to remove the ban on "wavers", it cannot be more .restrictive than it is on similar signs (such as real estate signs) in the district. Some discussion also occurred among Staff about classifying "wavers"as portable signs. Alderman Glab suggested if the"wavers"were required to move further away from the road, the potential for safety hazard could increase. If the prohibition on the"wavers"were lifted/reversed, he opined any business in town could decide to implement them. The City could end up with "wavers" in front of pizza places, oil change facilities, etc. with a proliferation of them throughout town. Alderman Glab also noted the City has investigated hazards caused by flashing signs. He noted he cannot condone reversing the City's current policy regarding moving signs. He opined if the prohibition were reversed,the ordinance would be unenforceable. Alderman Sand concurred with Alderman Glab. If the moving signs were permitted on private property, there would remain a great safety concern. He noted he does not want to restrict the company from doing business and making a profit in the community. However, he is not comfortable with"wavers"being permitted. Mr. Oman requested Staff investigate police reports to determine if any crashes could have occurred as a result of the"wavers"being used in the past. Alderman Santi reiterated a statement made by Chairman Condon that it only takes one crash to occur as a result of the moving signs. It would be one too many. Mr. Oman noted the prohibition on"wavers"impedes the constitutional rights and Freedom of Speech of the company. He opined the City should not concern itself regarding a potential horde of "wavers". He stated it would not happen. He encouraged the Committee to read case law regarding the Freedom of Speech. Deputy City Administrator Martin inquired if the company had ever considered using a statue as opposed to a person dressed as Lady Liberty waving to motorists. Mr. Oman responded there are banners and flags which could be used. There are many different ways to go about drawing interest to the company. However, the company has found by far the best method is to utilize the afore-mentioned gorilla marketing. He further stated the novelty of the"wavers"wears off rather quickly and the safety/hazard would therefore be reduced as the public becomes accustomed to seeing the"wavers"on the roadside. Community Development Committee Meeting October 28,2008 Page 4 Alderman Glab recalled there were instances in the past when "wavers"/walking sign boards were prevalent in the community. He suggested if the City's prohibition were reversed, the amount of"wavers"would blossom,particularly in light of the current economy. Alderman Santi stated there are other means of marketing the business, such as feather banners or blow-up figures. He suggested the company look into an alternative method of marketing. Deputy City Administrator Martin noted these types of signs (blow-up figures, banners, etc.) would be allowed with a temporary use. Planner Kolner noted temporary uses/signs are permitted for a maximum of 30 days, followed by a 30 day moratorium after which another 30- day temporary use permit could be granted. Perhaps this would satisfy the needs of the company. Mr. Oman responded the company would likely utilize the temporary use signs again this year. However, the utilization of the costumed"waver"is needed as well. Chairman Condon suggested City Attorney McArdle be consulted as to the City's liability regarding the Freedom of Speech, particularly as it pertains to case law resulting from other municipality's restrictions and/or prohibitions on moving/costumed"waver" signs. If necessary, he could be invited to attend the next meeting of the Committee(November 25,2008). Mr. Oman suggested City Attorney McArdle could be in contact with the corporate attorneys for Liberty Tax Service prior to the next meeting as well. Tree Preservation Ordinance Amendments Deputy City Administrator Martin stated Superintendent of Forestry and Park Planning Schmidt has completed a review of the City's Tree Preservation Ordinance. The Tree Preservation Ordinance was adopted more than ten years ago and was due to be updated. Superintendent Schmidt suggested the following amendments: 1. Section 24-42 Tree Removal Permit Required. Staff questioned if the 10" minimum diameter is still acceptable and suggested it be reduced to 6" in diameter. 2. Section 24-45 Tree Removal Staff suggested a modification to the policy regarding Section 24-45(a)(4), the list of trees which may be removed and are not subject to the Tree Replacement Schedule in Section 24-48. It is suggested the trees could be replaced on a one for one basis instead of requiring compensation. Some properties only have these types of tree on them and to lose that amount of biomass would impact the community in a negative manner. Air quality,noise reduction,storm water detention and carbon sequestration are a few of the ways the community can be adversely affected. 3. Section 24-47 Tree Protection Rights Staff suggested deleting 24-47(f)which currently allows for the temporary suspension of Tree Protection Measures.Any temporary suspension would permanently and adversely impact the affected trees. 4. Section 24-48 Tree Replacement Schedule Staff suggested with regard to letter 2448(c)to replace the current text with the Subdivision Control and Development Ordinance(technical section)list of trees approved for residential use. Community Development Committee Meeting October 28,2008 Page 5 5. Section 24-48 Tree Replacement Schedule Regarding Section 24-48(e), Staff suggested that the current fee of $100 does not cover the tree replacement cost to the City. The new cost should be determined using the regional cost per square inch of trunk area(cross section)to determine actual tree value, This information is found in the Ninth Edition of the Guide for Plant Appraisal or most recent edition, published by the International Society of Arboriculture which is updated from time to time. 6. Section 24-49 Fees The current fee for a tree removal permit is$45. Staff suggested an increase to $75 in order to cover staff review and field inspection time. 7. Section 24-50 Administration and Enforcement Violations currently pertain to any tree with a minimum diameter at breast height (DBH) of 10". Staff suggested this be amended to pertain to trees of six inches or more. Responding to an inquiry from Alderman Sand, Superintendent Schmidt noted the current standard for tree replacement using the formula published in the International Society of Arboriculture would result in more accurate replacement costs as opposed to the current rate of $100 per tree being replaced. A 2" caliper tree being replaced as per the ISA standards would be $270, a much more realistic and actual cost. Chairman Condon invited Mr. Rapata to comment on the proposed amendments to the Tree Preservation Ordinance. Mr. Rapata stated he has been promoting a more restrictive tree ordinance for the past ten years. He is happy to see the City is finally moving forward with updates. Mr. Rapata suggested the current minimum fine of$25 should be increased. He also stated any violators should also be required to pay for a tree removal permit in addition to payment of appropriate fines. Mr. Rapata inquired if the Committee would consider reducing the 2-acre minimum lot size which requires adherence to the ordinance. Deputy City Administrator Martin noted the 2-acre minimum applies to single-family residential property. For property other than single-family residential, the minimum lot size to which the ordinance is applied is 1-acre. Alderman Glab stated the ordinance is meant to restrict arbitrary tree removal by developers. The ordinance is not meant to burden single-family residents who may choose to cut down or prune trees on their property. Alderman Glab further stated the City needs to protect its trees but not over-regulate to the disadvantage of individual home owners. He concurred that any violators should be required to pay the fine but also pay for the tree removal permit. Community Development Committee Meeting October 28,2008 Page 6 Motion by Santi, seconded by Glab, to recommend to the McHenry City Council that the Tree Preservation Ordinance be updated as presented this evening, including an increase in violation fines and the requirement that violators be required to pay for a tree removal permit in addition to paying appropriate fines. Voting Aye: Santi,Glab,Condon. Voting Nay: None. Absent: Wimmer. Motion carried. Alderman Glab suggested the City look at the Emerald Ash Borer and devise a plan to protect its trees from infestation. Superintendent Schmidt noted that matter is being discussed at the Parks and Recreation Committee. Chairman Condon requested the minutes reflect that tree concerns are not always parks issues. It was suggested the matter might be better suited to the Community Development Committee. Code Enforcement Update Deputy City Administrator Martin reported the Code Enforcement Division of Construction and Neighborhood Services completed 677 site visits between January 1, 2008 and August 6, 2008. Staff is in the process of developing a logging/tracking system for compliance of complaints. There are currently more than 116 open complaints. While the report is a work in progress, Staff is making strides in developing an accurate report system for the process. Suggestion was made to provide Status Reports of the Code Enforcement Division on a quarterly basis to Council. The information could be disseminated via the Friday Report. Neon Signs Amendments Deputy City Administrator Martin reported the Committee at its August 26, 2008 regularly scheduled meeting discussed the regulation of neon signs. Staff was directed to write a proposed sign ordinance amendment which would regulate the amount of neon signage allowed based on building frontage, similar to how wall signage is currently regulated. Staff is recommending the following amendments to the sign ordinance regarding neon signs: 1. Amend Section IX Signs,Subsection(B)(2)by replacing it with the following: p. Window Signs(except interior neon window signs;see IX(B)(9) and Table 18 2. Amend Section IX Signs,subsection(Bx9)by adding the following: Neon Sians Neon Signs are only permitted in nonresidential zoning districts on interior window in accordance with the following provisions: a. Only one neon sign is permitted per window pane; b. Exposed neon tubing and light bulbs are prohibited; c. Neon signs shall not be used to outline windows and doors, accentuate or trim architectural features or outline borders of signs or buildings; d. Neon signs shall not cover more than 50%of any window pane. Community Development Committee Meeting October 28,2008 Page 7 Deputy City Administrator Martin stated the Committee also needs to consider how best to amortize the current neon signs which do not conform to the proposed amendments. Staff has determined there are two ways to handle this issue: 1. Grandfather all existing interior neon window signs until 2013 and/or when a new business obtains occupancy/sign permit they would be obligated to comply with the regulations; or 2. Require all existing businesses with interior neon window signs to comply with the ordinance within a specified time period. Alderman Glab opined to allow the neon signs in place until 2013 seemed too lengthy a period to require compliance. He suggested three years, 2011,would be more appropriate. Chairman Condon agreed with the first method of amortization, noting 2013 would be satisfactory as all free-standing signs would have to be brought into conformance by that date as well. Motion by Santi, seconded by. Glab, to recommend to the McHenry City Council the consideration of amendments to the sign ordinance relating to neon signs as presented, for direction to the Planning and Zoning Commission for presentation at a public hearing. Voting Aye: Santi,Glab, Condon. Voting Nay: None. Absent: Wimmer. Motion carried. Core Downtown Sub-Area Plan Update Deputy City Administrator Martin stated Staff held two community design workshops for the Core Downtown Sub-Area Plan. A total of 40 people attended the workshops. Property owners of the land contained within the proposed Sub-Area were invited to participate. A Strengths, Weaknesses, Opportunities, and Threats (SWOT) Analysis was conducted at each workshop. The workshop participants were also invited to provide their ideas as to what should be included in the vision statement for the Sub-Area Plan. The Committee was provided with a summary of the comments received relating to the SWOT Analysis and the creation of the vision statement. Deputy City Administrator Martin showed the Committee a map which included a compilation of the various suggestions for land use in the Sub-Area. He stated the Committee at its next meeting could start out with a blank map and indicate its ideas for the area, taking into consideration some of the comments provided from the workshops. Deputy City Administrator Martin noted the Committee could also begin the creation of the vision statement for the Sub- Area. Staff envisions a late spring or summer 2009 draft plan being presented to the community at an open house. Community Development Committee Meeting October 28,2008 Page 8 Alderman Glab opined the City needs the private sector to draw up a game plan for what they would like to see in the area. He stated it should not be up to the City to draft an idea for how property owners should develop their property. He noted the City should help in the implementation of ideas set forth by the private sector. Alderman Sand stated Staff should meet with the property owners and should be visionary in guiding the developers. Planner Kolner stated as an example, there has been a lot of interest in the vacant property at the comer of Richmond and Pearl Streets. Staff can tell potential developers that the City would like to see low intensity on the site, keep the building height down, locate parking in the rear of the building, etc. However, the City cannot tell the property owner what specific business would be desirable at a particular location. The City can guide the developers as to form so that the structure will blend into the area. Alderman Glab stated he would like to see the downtown developed so that it becomes a shopping venture instead of a one-stop shopping trip. It needs to become a destination location with various sites to draw interest. Chairman Condon noted the purpose of the Sub-Area Plan is to create a vision for how the City would like the area to develop moving forward. The private sector would then know what direction the City would like to take within the area of the Plan. Planner Kolner noted Staff has taken a different approach regarding the development of the Core Downtown Sub-Area Plan. More research and input is being sought prior to laying out a proposed plan as opposed to the method in developing the Crystal Lake Sub-Area Plan and the Main Street Sub-Area Plan. Deputy City Administrator Martin stated at the next meeting, the Committee will have an opportunity to discuss the comments obtained from the SWOT Analysis. The Committee will also have a blank Sub-Area Map to begin working on a proposed plan as well as the vision statement for the area. Chairman Condon stated people will be more apt to support the plan and be more invested in it once they realize the City listened to them and took their comments into consideration during the planning process. Staff Report Deputy City Administrator Martin reported the Special Census is in progress. Testing of potential enumerators is underway. An article will appear in the paper this week announcing the Special Census. Deputy City Administrator Martin also reported Tractor Supply continues to express an interest in the property located at the northwest corner of Ringwood Road and Elm Street. Staff also met Community Development Committee Meeting October 28,2008 Page 9 with a developer who would like to present a concept plan before the Committee at its November meeting. Other Business Alderman Glab inquired as to the status of the building currently under construction on the West Campus property. Deputy City Administrator Martin responded a solar powered concession stand is being constructed. The structure is classified as an accessory structure in a residential district. The district is allowed to have two accessory structures: a garage and the second building currently under construction. The principal use of the property is a school. In 1995 the district was granted a variance to allow a second principal building on the property. The second building houses the administrative offices of District 156. Alderman Glab stated when the district expanded the garage they came back to Council for approval. He inquired why the district is able to erect another accessory structure without coming before Council. Alderman Glab stated when the district passed the referendum to expand the school they should have come to Council for an expansion of the conditional use permit. He inquired why the district does not have to follow City codes and ordinances. He went on to summarize the drainage issues he has experienced due to district construction projects. Alderman Glab also noted the district's parking lot lighting appears to violate the City's lighting regulations. Deputy City Administrator Martin stated he would look into the lighting and determine if the illumination overflows the district property line. Alderman Glab requested Staff look into the issues as a whole and bring back an explanation to the Committee, particularly regarding the district's lack of conformance to City codes and ordinances. A determination needs to be made if the district is required to conform or if State Statute permits a disregard of local codes and ordinances. Chairman Condon stated the City needs to know if the State Statutes permit the district to be mutually exclusive or mutually enforceable from City codes. Are State Statutes regarding school districts meant to supersede local government rules and regulations? Alderman Glab also inquired if St Mary Church obtained a variance to allow an oversized sign in front of their church. Staff will investigate and advise Alderman Glab of the results. Chairman Condon announced the next Committee meeting is scheduled for Tuesday, November 25, 2008 with a projected agenda as follows: 1) Historic Preservation Ordinance 2) Moving Signs continued discussion 3) Developer presentation 4) Core Downtown Sub-Area Plan 5) 2009 Schedule and Goals. Community Development Committee Meeting October 28,2008 Page 10 Adi ournment Motion by Glab, seconded by Sand,to adjourn the meeting at 9:28 p.m. Aye: Santi,Glab,Condon. Nay: None. Absent: Wimmer. Motion carried. Respectfully submitted, Geri Condon,Chairman