Loading...
HomeMy WebLinkAboutPacket - 09/27/2010 - City Council of micnenry www.ci.mchenry.il.us 333 South Green Street McHenry, Illinois 60050-5495 --- �y r�� ,��_� I`=�-L Mayor's Office AGENDA (815) 363-2108 Fax (815) 363-2119 REGULAR CITY COUNCIL MEETING Monday, September 27, 2010, 7:30 PM Administration (815) 363-2100 1, Call to Order Fax (815) 363-2119 2. Roll Call Construction and Neighborhood Services 3 Public Input Session: 10 Minute Limitation (815) 363-2170 Fax (815) 363-2173 4. Consent Agenda: Finance Department A. Landmark School PTO Hayride; (815) 363-2100 B. Donation of surplus equipment; Fax (815) 363-2119 C. Advertise for bids for fencing at Petersen Park fields 3 and 4; D. Special Use/Picnic Permits; Parks and Recreation E. Block Party; (815) 363-2160 F. September 20, 2010 City Council meeting minutes; and Fax (815) 363-3186 G. List of Bills. Police Non-Emergency 5. Ordinance amending McHenry Zoning Ordinance Chapters VII and XIX relating to (915) 363-2200 commercial vehicles in residential zoning districts including a one-year amortization Fax (815) 363-2149 process Public Works 6, Committee recommendation to accept proposal from Via Wayfinding Systems for (815) 363-2186 downtown signage package for an amount not to exceed $54,460 Fax (815) 363-2214 7. Request for one-year extension of temporary sign advertising Patriot Estates subdivision Mayor Susan E. Low 8. Request for extension to submit final plat for Brooke Estates City Clerk 9. Installation of water service line and hydrants in Petersen Park for $6,050 Janice C. Jones 10. Mayor Statement and Reports Treasurer Steven C. Murgatroydl 1. Committee Reports A.idertne: 12, Staff Reports WARD 1 13. Future Agenda Items Victor A. Santi WARD 2 14. Adjournment Andrew A. Glab Posted: September 23, 2010 WARD 3 Jeffrey A. Schaefer WARD 4 Geoffrey T. Blake WARD 5 Richard W. Wimmer WARD 6 Robcrt Peterson V.'A-1 1. i 6cri P. Condon CONSENT AGENDA The Consent Agenda for the September 27, 2010, City Council meeting consists of the following items: A. Landmark School PTO Hayride; B. Donation of surplus equipment; C. Advertise for bids for fencing at Petersen Park fields 3 and 4; D. Special Use/Picnic Permits; E. Block Party; F. September 20, 2010 City Council meeting minutes; and G. List of Bills. CONSENT AGENDA TO: Mayor and City Council FROM: Bill Hobson, Assistant City Administrator FOR: September 27, 2010, Regular City Council Meeting RE: Landmark School PTO Hayride Background. The Landmark School's PTO (the Landmark Community Organization), has requested permission to use the city streets for a hayride which will occur during a school function on Friday, October 22, 2010 between 6:30 pm and 8:30 pm. The school is not requesting that the street be closed, just permission to use the streets. This is the eigth annual hayride. Staff received no complaints about the event last year. The path which they would like to use is as follows: West on Waukegan leaving Landmark School, turning south on 3rd Street, heading West on Main to Center, heading south on Center to John, east on John to 3rd Street, North on 3rd to Waukegan, and east on Waukegan back to Landmark School. > f Landmark School a✓o „1 , Z r - .i ;,,. ..r•rim_,:, IC: rr r, r Recommendation. To allow the special use of city streets by the Landmark Community Organization for a hayride Friday, October 22, 2010 between 6:30 pm and 8:30 pm on the route listed below. CONSENT AGENDA To: Mayor and Aldermen Fm: Bill Hobson, Assistant City Administrator For: September 27, 2010 regular City Council meeting Re: Donation of Surplus Property Recommendation: Authorize the Mayor's execution of an ordinance donating surplus property to the City of Champaign Police Department. Background. The city has a surplus of six computer monitors that are unusable as the screen resolution cannot be upgraded to accommodate current software. Also, due to the replacement of outdated mobile computers, the department has a surplus of keyboards and cable assemblies. The city has been made aware that the Champaign, Illinois Police Department has a need for mobile monitors, mobile keyboards, and computer cable assemblies for their squad cars. In the past, the city has utilized a similar agreement to donate equipment to cities of Jacksonville and Johnsburg, Illinois. Attached is an ordinance authorizing the donation of this equipment to the City of Champaign. ORD-10- ORDINANCE AUTHORIZING THE DONATION OF SURPLUS PROPERTY OWNED BY THE CITY OF MCHENRY WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois and WHEREAS, it is in the opinion of the corporate authorities of the City of McHenry that it is no longer necessary or useful to or in the best interests of the City of McHenry to retain ownership of specific electronic surplus property; and WHEREAS, it has been determined by the Mayor and City Council of the City of McHenry to donate the following identified surplus property to the City of Champaign Police Department: 1. Polaris Mobile Monitor Model MDT-1500 S/N: D02025 2. Polaris Mobile Monitor Model MDT-1500 S/N: CO2132 3. Polaris Mobile Monitor Model MDT-1500 S/N: D02130 4. Polaris Mobile Monitor Model MDT-1500 S/N: D02133 5. Polaris Mobile Monitor Model MDT-1500 S/N: 01020 6. Polaris Mobile Monitor Model MDT-1500 S/N: 01045 7. Polaris Mobile Keyboards Quantity of 5 8. Polaris Mobile Cable Assembly Quantity of 2 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY AS FOLLOWS: SECTION 1: That the Mayor and City Council of the City of McHenry find that the surplus property described herein is no longer useful to the City and shall be donated to the City of Champaign Police Department. SECTION 2: That the City Administrator is hereby authorized and directed to donate to the City of Champaign Police Department the herein described surplus property. SECTION 3: That this Ordinance shall be in full force and effect from and after its passage _)y the corporate authorities of the City of McHenry. PASSED and APPROVED this 20°i day of September, 2010 Ayes: Nays: Not Voting: Abstained: Absent: Mayor ATTEST: City Clerk CONSENT AGENDA TO: Mayor and City Council FROM: Bill Hobson, Assistant City Administrator FOR: August 30, 2010 Regular City Council Meeting RE: Authorization to advertise for bids for the installation of fencing on fields 3 and 4 at Petersen Park Background. The Parks and Recreation Committee discussed the proposed renovation of Petersen Park Ball Field Fencing at the Wednesday, September 8, 2010 meeting. Fields 3 & 4 are in need of replacement fencing and design upgrades to ensure a safer environment for players and spectators. The McHenry Pigtail League has expressed an interest in contributing $10,000415,000 toward the renovation of these two fields that has a total estimated cost of approximately $35,000. The Pigtail League has contributed toward past lighting and field improvement projects. The Parks and Recreation Committee recommendation was to bring this project to the City Council for authorization to advertise for bids. Project funding is from the Developer Donation account. Specifications are attached. Committee Recommendation. To authorize staff to advertise for bids for the installation of replacement sideline and backstop fencing—Petersen Park Fields 3 &4. City of McHenry Department of Parks st Recreation Petersen Park Ball Field Fence Replacement (Field 3 u 4) Fall 2010 Scope of the Work New fencing will be installed at Petersen Park on two softball fields. New sideline and dugout fencing will be installed and fencing will be replaced on existing (2) backstops. Contractor will be responsible for removing all existing fencing and providing all labor, equipment and materials to install new fencing as specified. Construction Schedule Work will begin upon approval of bids by the McHenry City Council. It is anticipated that work will be completed this fall in order to have the facility open for the 2011 spring season. Bid Deadline Bids due to: McHenry City Clerk's Office, Tuesday, October 12, 2010 at 1 1 :30 am. Bid approval: McHenry City Council, Monday, October 18, 2010 at 7:30 pm. Project Completion Date Friday, December 3, 2010. PETERSEN PARK - FIELD 3 Removals Remove all existing sideline and dugout fencing, poles and concrete. All fence fabric will be removed from the existing backstop. Contractor will be responsible for disposal of all materials. Installation Sideline Fence - Install 180' of 8' high 9-gauge galvanized chain link system with 1 5/8" SS20 bottom, middle and top rail. - All fine posts will be 3" SS40 posts with all fittings. - Installation of all posts set in 36" concrete — 6" diameter hole. Backstop - Lower 6' section of backstop covered with 6 gauge galvanized fence fabric. - Upper 6' section of backstop covered with 9 gauge galvanized fence fabric. - Note: 3' extension of backstop on 20' section in front of scorers booth/storage building — 9 gauge galvanized fence. Include all fasteners and ties. Dugouts - Install 72' of 6' high 9 gauge galvanized chain link system with 1 5/8" SS20 top, middle and bottom rail. - All line posts will be 3" SS40 posts with all fittings. - Installation of all posts set in 36" concrete — 6" diameter hole. PETERSEN PARK - FIELD 4 Ikemovais Remove all existing sideline and dugout fencing, poles and concrete. All fence fabric will be removed from the existing backstop. Contractor will be responsible for disposal of all materials. Installation Sideline Fence - Install 160' of 8' high 9 gauge galvanized chain link system with 1 5/8" SS20 bottom, middle and top rail. - All line posts will be 3" SS40 posts with all fittings. - Installation of all posts set in 36" concrete — 6" diameter hole. Backstop - Lower 6' section of backstop covered with 6 gauge galvanized fence fabric. - Upper 6' section of backstop covered with 9 gauge galvanized fence fabric. Dugouts - Install 72' of 6' hi17 gh 9 gauge galvanized chain link system with 1 5/8" SS20 top, middle and bottom rail. - All line posts will be 3" SS40 posts with all fittings. - Installation of all posts set in 36" concrete — 6" diameter holes PETERSEN PARK BALL FIELD FENCE REPLACEMENT FIELDS 3 u 4 BID FORM Item 1 - Field 3 Removal of existing fence and backstop fabric. Installation of new sideline and backstop fencing. New fence fabric on backstop. All installation as specified. $ Item 2 - Field 4 Removal of existing fence and backstop fabric. Installation of new sideline and backstop fencing. New fence fabric on backstop. All installation as specified. $ Total for Items 1 8z 2 $ Completion date: Friday, December 3, 2010 Bid Bond required in the amount of 10% of submitted bid. Company Name: Address: City: State: Zip Code: Telephone: Fax: Email: Company Representative: (Please print) Signature: City of McHenry Department of Parks ez Recreation 333 S. Green Street f McHenry, IL 60050 Phone: (815) 363-2160 Fax: (815) 363-3186 Email: pmerkel@ci.mchenry.il.us CONSENT AGENDA To: Mayor and City Council From: Bill Hobson, Assistant City Administrator For: Sept 27, 2010 - City Council Meeting Re: Beer/Wine Permit Requests & Special Use Permits COUNCIL, RECOMMENDATION To approve the attached Beer/Wine Permits a Special Use Permit requests. BACKGROUND The attached list of permit applications have been received in our office with all fees and documentation properly submitted. Xonaway/pic perm CA for.doc +,OR COUNCIL MEETING OF Sept 27, 2010: Beer/Wine Permit Requests These are beer and wine permit requests associated with picnic permits. Date of Picnic Applicant Address 10/09 Justin Pawula Picnic 1915 N Orleans St, Apt I Special Use Application Requests There are special use application requests associated with picnic permits. Date of Picnic Applicant Address Special Use 10/09 Justin Pawula Picnic 1915 N Orleans St, Apt I tent, tables, chairs, benches Music, grilling, football game Xonaway\pic penn list.doc MCAE, NRY PARK FACZLT JES SPECIAL USE AND/OR BEERj"Try „ APPLICATION Contact Person:_ o, a , Company or Organization: Date of Picnic: Address: alzilS .Y `i: —city/state/zip: Home Phone: --�-°-- Work Phone:. Park: ,XI�nox Park ❑ Petersen Park ❑ Veteran's Memorial Park Area: 0 Shelter A 0 Shelter D ❑ Shelter C ❑ Other: Arrival Time:_°tC Cc ;-, epizrture Time: �; i,y-"�, Total Number Attending: �. Falsifying attendance numbers will result in loss of deposit Groups of 500 or more must obtain additional.: ❑ dumpsters 0 portable toilets Brief description of program(i.e. co picnic, car show, craft show,wedding, etc.): List all activities•that will be held: J Items brought into park site: Pf tent ORtables `Y chairs Quenches ❑ carnival rides music 0 animals ❑ model planes ❑ other ❑ other Water, electricity and restrooms are available at all sites. Please explain any additional utilities needed: d F Will beer/wine be present: K Yes ❑ No IF YOU CHECKED YES,PLEASE ANSWER BELOW QUESTIONS "Indicate the number of beer/wine permits issued to the undersigned this calendar year d� . Indicate the number of beer/wine permits denied Indicate amount of beer/wine to be brought into the City Park under this permit on such date (number of wine bottles,beer cases,beer kegs, etc.) i L I agree that all the beer/wine containers will be removed by applicant or placed in proper containers on site on the permit date and that no underage or intoxicated person will be allowed to consume any of the beer/wine brought into the City of McHenry park under this permit. I agree that none of the beer/wine allowed in the City of McHenry park pursuan to this application will be sold,it being understood that the sale of beer/wine under this permit issued pursuant to tais application is expressly prohibited. I have read and will comply with the City of McHenry Park Permit rules. I have read and understand the rules and regulations that have been set forth by the City of McHenry regarding tl special use and/or beer/wine application(s) and will assume responsibility for any loss, damage or liability arising from the use of the p k property.,, I also understand that not complying with the Park Permit rules will result in loss of deposi Signature: `,% } c c Date: J Health permifi`sare required by law for concessions and catering. Make arrangements to obtain permits NOTE: Approval will be based on the items listed above. Any other requests are subject to further approval. Restrictions: **t*r**k r t t* *t*r **r* r*******t***FOR OFFICE USE Reservation Fee: $ _ Date Paid: Initials: Deposit Fee: $ Payment: ❑ Cash C Checl; ❑ Charge Total Fee: $ �` .r"� G Submitted to City Council: -, —()I Confirmation Sent: Initials: City Council Approval: Forms\picnic forms\special use and beer and or wuie application CONSENT AGENDA SUPPLEMENT To: Mayor and City Council Fm: Deputy Clerk Kunzer For: September 27, 2010 regularly scheduled City Council Meeting Re: Block Party Request Background. Traditionally, during the summer and fall months, the Clerk's Office receives numerous requests for permission to hold block parties within the City limits. The requests usually entail blocking off streets at specific locations within a particular subdivision. The Public Works Department provides barricades. The Fire District offers a visit by personnel and/or a fire truck, as well. Inasmuch as City streets are closed for these events, City Council permission must be granted. Following Council approval, the Police Department, Public Works Department, McHenry Township Fire Protection District, and the Applicant are notified in writing of the approval. The following Block Party Request was received and requires Council approval: Saturday October 30t'from 3 p.m.until midnight Annette Maldonado of 214 Bamwood Trail is requesting the closure of Barnwood Trail between 214 Barnwood Trail and 215 Barnwood Trail in the Trails of Winding Creek Subdivision. Copies of the request and PIQ map are attached for your edification. Recommendation. To approve Block Party Request as submitted. /kmk Sep 21 10 08: 54a The Maldonado 's 18153444929 p. l Block Party Permit Application Reviscd 2109 Application submitted by: Anru-41. �Cd-�A b)n aCIL7 Street Address: (3 19 ;rnl,► rr)A- -haj , Mc �LQ �, 1F)n Date Submitted: -! J Q1 j z( G NOTE: PLEASE SUBMIT YOUR APPLICATION TO THE OFFICE OF THE CITY CLERK AT LEAST 30 DAYS PRIOR TO PROPOSED BLOCK PARTY Date of Block Party: all - i z al_f I D a() 1200 1 L� I Hours of Proposed Street Closure: 3:C�--) a.m. until I, +� op a.m p.m. Subdivision Name: ED-aD ri Specific Location of Proposed Street Closure( i.e. from what intersection to what intersection): Street f fi-om a2 14 Ean n ls`C� to c1 15 6l c n u--s Contact Person(s): k ru-k Contact Person(s)Address: —J 14 &.r n lzcz-c Tr-� Daytime Phone Number: 16 ;q Lo-67 y 3 Evening Phone Number: 915 3g14- I hereby certify that all persons who will be impacted in my neighborhood by the closure of this street have been notified of same.( �" Signed: �( 1 r% 1 X�C1�� Date:IlC�?//- ---------------------------------------------------------------------- UPON COMPLETION,PLEASE SUBMIT THIS APPLICATION TO: OFFICE OF THE CITY CLERK 333 SOUTH GREEN STREET MCHENRY IL 60050 OR FAX:815-363-2173 OR E-MAIL: kkunzernci.mchenrv.H.its OFFICE USE ONLY COUNCIL APPROVAL ON: / / NOTIFICATION MADE TO: ❑ MCHENRY POLICE DEPT. ❑ MCHENRY PUBLIC WORKS STREET DVN ❑ MCH TOWNSHIP FIRE PROTECTION DISTRICT ❑ ADMINISTRATION OFFICE. • APPLICANT Winding Creek Block Party PIQ • FETING cHenN aM REG em er 20,201.0 of the Glab, meeting ntl, Sept a tember 20,2oWo g Aldermen- Were Cl n, edulanc5 Were the foil en o in att Hobs regularl1 Sa end None. Also ministratOr Director the Absent: t C"M Ad Se fllCes Mayor 1.oW cel(e-a 30 P.M. and Condon'Ma�. Assistan d Chief of b°rhoo Merkel, C:," Council t° °dimmer, peterSO Administrator coon and Nelghn Director C y Blake, uty City Constru d Recreat►o Sr,, ter, glace Dep wAcprdle, parks an p,drninistrator es, City Attorney ctor Schmitt, Clerk Son Works Dire City public S&Nalenberg, V% Engineer Diaper. Lice 3ones, eTen Minutes of public lnpu ' pO eak duringth T ES510N Who signed in to sp pt1- 1Npu resented: There Was no one nda as p e to approve the consent ENDA $eConded by 61ak , CDNSE T A Condon, Motion by General order Revision#26.9; g a CAS, Parks special use requests; C, City Coundl minutes:regplarly scheduled rtKedni; September 13, � - 0. List Of Bills: 1.0.00 A-YARD CORP CROSS OF OR 8.00 AMERICAN RED 350.00 a ANCHOR TONING Ifol 71C.00 ANDERSON, BRIAN 1C.00 ANDERSON, CHRIS *MS.91 AT&T If .1 w B&W CONTROL SYSTEMS INTE 01 Tn. Oy BARCLAY, TIM �� BAXTER & WOOM" 2,642 4 � r SAZAN, MAUREEN 1,370. y 1, BAZAN, MICHAEL 105.00 BELARMINO, BRENDA BELL, ADAM C 590.00 BERNHARD, DAVID A 520.00 ` BONO, JOE 30.00 `\ BRENNAN, DAN 1,120.00 BURES, MARK 60.00 BUSS FORD SALES 2,812.98 CAR QUEST AUTO PARTS STOR 805.83 CAUTHORN, KYLE 150.00 CINTAS CORPORATION #355 1,271.36 CLEVELAND MOTION CONTROL 2,266.51 COMCAST CABLE 75.79 COMED 1,627.51 CONCRETE SOLUTIONS CORP 640.80 CONSERV FS 35.40 COUNTY CLERKS OFFICE 10.00 CRESCENT ELECTRIC SUPPLY 1,475.39 CUMMINGS, JOHN G 740.00 D'ANGELO NATURAL SPRING 46.50 DAWSON, CHRISTINE 24.99 DEMARAIS, DAVE 33.00 ED'S AUTOMOTIVE/JIM'S MU 23.00 EJ EQUIPMENT 105.36 vw 11 V TATTne Curia 26_00 Regular Pa8e 2 Meet/ng Septe,,ber 20,I010 PISo�z' POLE P CO�yp, RESX GRE�ID MIM OW, INCGOPZ 2"851 GO IMp SSIOIVS Ar R 2 j _90 GREA2, PIN C 430.00 26.60 GLWES 1''40S PIKE E OPPIC KARRr's TERRY & SAPET 255.00 RA EWKINS 21V S 247.0 37S.00 BEZA TEDRYSTAL CLEAN 3 21 04 IL R Tg�O L ,607 70 INP INI POWERZAGY INC 125.97 INTERSA EVSI �DUCTS 98,8g6.00 ,► TATE SY��.�,�� 4 0 E '22) RY SY"Z 1'4��.73 .15 �TZ pLfPnO,,ft, INC 9g•60 KTD INC v ZM.- CAMP 1,452.53 L�ERT A1Y 7,123.66 L�Ho P�L'ES a 2'�7p•00 LVN ' XARL 96.76 XNHBI1f• PATTIE 45.00 600.00 00.00 M����jxG ION INC 1 91S 00 LYTICAL R �298.00 MCH� �1TY RECORDER t 60.00 CHMW n1�STONE 3 MCA EQVIP '421.00 MAY MSwT 2 7.99 Mc�aY,SIC LIBRARY 66.05 MIiB 25.00 AND PITf,-X 740.00 owrimi PRESS OP ACC 56.54 oft Am PARTS Mpgr 330.10 sm or vn=SIN w 903.72 QV=J. IZLY 480.79 XIOKW. RNGEL 56.98 QQjw 11CMD 45.00 Qua JWS & SERT:C= Ix 70.00 106.74 OTIOM IRITZ KMY Coop 402.50 V= 8,435.40 MUM NIKE 6.94 SCE LLC 11.614.30 fEr+nm & CO * F 291.80 rl am 740.00 Pa, DB,R 740.00 70.00 / 740.00 14.99 so= 155.00 8s33com I& 1,117.51 itxz NJM IV 11000.00 600.00 � 740.00 ��� IIDE`�B' 146.70 CLUB 272.43 S jNDER, j 70.00 SEC GROUP It 64,126.84 SIIERWIN INDS 139: 1.927.00 SIRCHIE VINM LAD 344.68 SNIALE, PATT 66.00 SMARZEWSKI, 670.00 SMITfi, MAR) 116.00 STAN'S FI14MMCB 222.00 STANARD & '!S INC 790.00 SCANS OPFICXOOGIB 179.00 STAPLES AD 54.99 STATE BIRI 75.00 --mT tYSIDE 99.00 Regular Meeting Page 3 September 20,2010 THEODORE POLYGRAPH SERV 135.00 THOMPSON ELEVATOR INSPEC 75.00 TIPPS, GREGORY P 720.00 TOALSON, BILL 310.00 TRAFFIC CONTROL & PROTEC 960.23 TRIEFENBACH, GORDON W 740.00 VAN KANEGAN, TOM 180.00 VERIZON WIRELESS 2,430.27 VIKING CHEMICAL COMPANY 1,784.40 WASTE MANAGEMENT OF WI P 5,595.44 WILLIAMS, TOM 57.78 ZICKUS, BECKY 10.00 ZIMMERMAN, BOB 128.04 ZUKOWSKI ROGERS FLOOD & 14,834.50 GRAND TOTALS 280,330.57 FUND TOTALS GENERAL FUND 72,006.29 BAND FUND 13,890.00 CAPITAL IMPROVEMENTS FUND 19,130.26 LOCAL STREET IMPROVEMENTS FUND 15,780.00 WATER/SEWER FUND 126,184.31 UTILITY IMPROVEMENTS FUND 29,916.58 RISK MANAGEMENT FUND 1,000.00 INFORMATION TECHNOLOGY FUND 429.63 RETAINED PERSONNEL ESCROW 1,993.50 TOTALS 280,330.57 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR CONDITIONAL USE PERMIT AND VARIANCES — 305 NORTH FRONT STREET, TOMMY'S TRANSFER STATION In attendance representing the applicant, Tommy's Transfer Station, were: Attorney Michael Poper, Engineer John Tierney (Baxter and Woodman), and Architect Steve Barnes. Deputy City Administrator Martin stated a request for zoning relief was submitted by Attorney Michael Poper on behalf of Tommy's Transfer Station for its property located at 305 North Front Street. The applicant is seeking: 1. A conditional use permit to allow a mini-warehouse storage facility and a drive-in establishment in the strip mall on the subject premises; 2. A variance to allow more than one principal building on the site; and 3. A variance to allow a lot width of less than 200 feet along an arterial street. Deputy City Administrator Martin stated the Planning and Zoning Commission considered the matter at a public hearing held on August 19, 2010 and unanimously recommended its approval according to the specification of the site plan submitted with the application. Alderman Santi stated in viewing the drawings of the proposal the project presents itself well. He inquired if the building of all elements of the project would occur concurrently. Attorney Poper responded in the affirmative. Noting the security lights indicated on the rear Regular Meeting Page 4 September 20,2010 portion of the property on the site plan, Alderman Santi inquired if they would be motion sensitive. Attorney Poper responded in the affirmative. He stated there would be Staff present to monitor the mini-warehouse use between the hours of 7:30 a.m. and 9 p.m. daily. Entry to the mini-warehouse area would be achieved by keypad. Alderman Glab inquired if garage doors would be facing north on the most northern mini-warehouse building. Attorney Poper responded all garage doors would face internally to the site. The rear of the buildings, which would be visible from the road, would be comprised of brick fascia. In response to an inquiry, Attorney Poper stated security fencing would be utilized adjacent to the detention pond. Alderman Glab inquired if the detention pond would meet the needs of detention for the area. Mr. Tierney stated the detention pond would meet the McHenry County Stormwater Protection Ordinance. Alderman Glab opined if the area holds water it is actually retention and not detention. Mr.Tierney stated the area may be planted with wetland plants. A dry bottom is no longer permitted. Alderman Glab expressed his concerns regarding maintenance of the detention area. Alderman Schaefer inquired if the final plan for the development would come before Council. Deputy City Administrator Martin responded in the affirmative. Alderman Schaefer inquired if the cross-access agreement with the owner of the Fountain Shoppes has been finalized. Attorney Poper responded in the negative. Alderman Schaefer inquired if adequate turning radius has been included on the site plan for emergency vehicle access. Attorney Poper responded the entire site plan meets the McHenry Township Fire Protection District requirements. Alderman Schaefer inquired as to the access point to the office space for the mini- warehouse storage facility. Mr. Poper responded the office would be located in the southwest corner of the strip center building. Access to the office would be on the south side of the building. Alderman Wimmer asked where the site would be landscaped. Mr. Barnes responded predominantly on the north and south sides of the site as well as across the rear of the property. Alderman Peterson suggested the cross-access point be moved further west on the property. Mr. Barnes responded the elevation may be high to the west, but they would be happy to discuss moving the access point with both property owners. Alderman Peterson inquired as to the projected plans for the property to the west of the site. Deputy City Regular Meeting Page 5 September 20,2010 Administrator Martin responded the property is very wet and belongs to the Pacini Group. Alderman Peterson expressed concerns regarding detention. Alderman Condon stated the project appears to be well thought out. Alderman Peterson inquired as to the access for maintenance of the detention pond. Mr. Barnes replied there would be a gate in the security fencing which would allow for maintenance of the area. Attorney Poper pointed out it is the intent of the property owner to share the fascia and look of the Fountain Shoppes. The retail strip center would be constructed on a line with the Fountain Shoppes. From the highway it would give the appearance that the two are a single shopping center. Alderman Glab stated he would have preferred to see a topographical map of the area. Mr.Tierney responded surface water flows mostly to the west from the site. Alderman Schaefer inquired where snow would be stored following removal from the parking lot. Mr. Barnes responded the snow would be moved toward the back of the property (to the west). Alderman Glab stated he would like to see a cross-easement on the south side. Motion by Santi, seconded by Condon,to accept the unanimous recommendation of the Planning and Zoning Commission to pass an ordinance as presented granting the following as submitted by Tommy's Transfer Station for the property located at 305 North Front Street: 1. A conditional use permit to allow a mini-warehouse storage facility and a drive-in establishment in the strip mall on the subject premises; 2. A variance to allow more than one principal building on the site; and 3. A variance to allow a lot width of less than 200 feet along an arterial street. Voting Aye: Santi, Schaefer, Blake, Wimmer, Condon. Voting Nay: Glab. Absent: None. Motion carried. ORDINANCE AMENDING ZONING ORDINANCE CHAPTERS VII AND XIX RELATING TO RECREATIONAL VEHICLES AND TRAILERS INCLUDING ONE-YEAR AMORTIZATION PROCESS Deputy City Administrator Martin stated Staff has repeatedly encountered difficulty in enforcing the existing regulations regarding the parking/storing of recreational vehicles and trailers. At hand are recommended definition modifications. Staff also discussed limiting the Regular Meeting Page 6 September 20,2010 number of recreational vehicles permitted to be stored outside on a premise. It was Staff's opinion it would be best to not be overly restrictive. Deputy City Administrator Martin noted the Community Development Committee discussed this matter at great length. A Public Hearing was held before the Planning and Zoning Commission on June 17, 2010 and was recessed to July 8, 2010 for further discussion with the result that there was no recommendation from the Commission (3-3 tie) with regard to this matter. Deputy City Administrator Martin stated it is also being recommended that a one-year amortization period be granted from time of adoption of the ordinance. He noted even though the Planning and Zoning Commission did not recommend the text amendment it is Staffs recommendation to pass an ordinance approving the text amendment with regard to parking recreational vehicles and trailers. Alderman Peterson inquired if one year was adequate time for all residents to bring their property into compliance with the ordinance. Deputy City Administrator Martin responded Staff tried to take into consideration a time that would not place a burden upon any residents. Alderman Glab opined this matter should not have been rushed through. He stated it has not been adequately analyzed. He further stated he would prefer to have the ordinance be more restrictive. Alderman Schaefer asked about parking surfaces not covered in the ordinance. Deputy City Administrator Martin responded a lot of variables exist regarding parking and paving surfaces. Discussion ensued regarding older driveways and the necessity of bringing them up to current code. Alderman Condon noted the proposed amendments to the recreational parking ordinance do not negate the regulations currently being enforced which might be more restrictive. Motion by Wimmer, seconded by Santi, to accept Staffs recommendation to pass an ordinance providing for a text amendment to the City's Zoning Ordinance relating to the parking of recreational vehicles and trailers as presented. Voting Aye: Santi,Schaefer, Blake, Wimmer, Condon. Voting Nay: Glab, Peterson. Absent: None. Motion carried. Regular Meeting Page 7 September 20,2010 ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 2.25 ADMINISTRATIVE ADJUDICATION AND CHAPTER 7 SUBSECTION XVII SUBSTANDARD AND DANGEROUS BUILDINGS TO INCLUDE DEMOLITION REPAIR ENCLOSURE OR REMEDIATION Deputy City Administrator Martin stated the City has the option of enforcing violations regarding unsafe buildings and those which may be considered to be uninhabitable or unsanitary, through the administrative adjudication process. In order to accomplish this, an amendment to the administrative adjudication chapter of the Municipal Code is required. An ordinance has been prepared by the City Attorney's office which would provide for the authority to handle such unsafe, unsanitary or uninhabitable buildings through the City's administrative adjudication process. Deputy City Administrator Martin noted if Council passes the ordinance provided, it would also delete the provision regarding Substandard and Dangerous Buildings from Chapter 7 of the Municipal Code, as it would no longer apply. Alderman Glab inquired about the reason a tax purchaser requires notification. City Attorney McArdle responded this language is required by State Statute. Motion by Schaefer, seconded by Santi, to accept Staff's recommendation to pass an ordinance providing for the amendment of the Municipal Code Chapter 2.25 Administrative Adjudication adding a provision for demolition, repair, enclosure or remediation, and to delete Chapter 7 Subsection XVII Substandard and Dangerous Buildings in its entirety. Voting Aye: Santi, Glab, Schaefer, Blake,Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. RECOMMENDATION TO: A.AWARD BID FOR SOLIDS HANDLING UPGRADES TO MAXIM CONSTRUCTION CORPORATION FOR AN AMOUNT NOT-TO-EXCEED $2,399,000; B. WAIVE BID REQUIREMENTS AND AUTHORIZE PURCHASE OF EQUIIPMENT FROM SOLE SOURCE PROVIDERS IN THE TOTAL AMOUNT OF $768,947;AND C. ACCEPT THE PROPOSAL FOR SCADA SYSTEM INTEGRATION CONTROLS SUBMITTED BY ADVANCED AUTOMATION AND CONTROLS IN THE AMOUNT NOT-TO-EXCEED $159,500 City Administrator Black stated on July 26, 2010 the City Council authorized Staff to publicly bid the solids handling system upgrades at the Central Wastewater Treatment Plant (CWWTP) and the South Wastewater Treatment Plant (SWWTP). Bids were received on August 31, 2010 with the lowest responsible bid submitted by Maxim Construction Corporation in the amount not-to-exceed $2,399,000.Staff recommends acceptance of this bid. City Administrator Black stated Staff is also seeking permission to waive bid requirements and to purchase equipment from sole source providers as recommended by SEC Group as follows: Velocity Dynamics Inc Polymer Blending System $ 67,660 Regular Meeting Page a September 20,2010 Smith Ecological Systems Inc Gas Chlorination System $ 22,550 Parkson Corporation Fine Screen Unit $198,852 Komline-Sanderson Belt Filter Press $349,910 Vogelsang Positive Displacement Pumps $129 975 TOTAL $768,947 City Administrator Black stated Staff is also seek authorization to enter an agreement with Advanced Automation and Controls Inc for SCADA system integration of the solids handling at the SWWTP in an amount not-to-exceed $159,500. City Attorney McArdle stated he would like to audit the terms and conditions of the agreement prior to City execution. Motion by Wimmer, seconded by Schaefer, to accept Staffs recommendation to approve the following with regard to the wastewater treatment plants solids handling upgrades: 1. Award the bid to Maxim Construction Corporation for the solids handling upgrades at CWWTP and SWWTP in the amount not-to-exceed $2,399,000; 2. Approve purchases in the total amount of $768,947 from the following sole source providers: Velocity Dynamics Inc Polymer Blending System $ 67,660 Smith Ecological Systems Inc Gas Chlorination System $ 22,550 Parkson Corporation Fine Screen Unit $198,852 Komline-Sanderson Belt Filter Press $349,910 Vogelsang Positive Displacement Pumps $129,975 3. Following City Attorney audit as to terms and conditions, enter into a contract agreement with Advanced Automation and Controls Inc for SCADA system integration of the solids handling at the SWWTP in an amount not-to-exceed $159,500. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. RECOMMENDATION TO: A. AWARD BID FOR THE COMPLETION OF THE SIDEWALKS DRIVEWAY APRONS AND LANDSCAPING IN LEGEND LAKES SUBDIVISION TO GREG GREENHILL CONSTRUCTION COMPANY IN THE AMOUNT NOT-TO-EXCEED $133 842 65• B. WAIVE BID REQUIREMENTS AND AUTHORIZE PURCHASE FOR CIPP REPAIR TO THE STORM SEWER IN THE LEGEND LAKES SUBDIVISION FROM SOLE SOURCE SERVICE PROVIDER INFRASTRUCTURE SOLUTIONS INC IN THE AMOUNT OF$12,700 City Administrator Black stated in December 2009 Council authorized Staff to seek bids to construct unfinished public improvements in the Legend Lakes Subdivision. Funding for the Regular Meeting Page 9 September 20,2010 construction of the remaining public improvements would be provided from the $1 million settlement with subdivision developer Kimball Hill Homes' surety company which held the public improvements bonds when Kimball Hill Homes filed bankruptcy. City Administrator Black noted bids were sought, received and opened on September 8, 2010 for the removal/replacement of damaged sidewalks and driveway aprons, installation of new sidewalks, and landscaping of the public right-of-way. The lowest responsible bid was submitted by Greg Greenhill Construction Company in the amount of$133,842.55. City Administrator Black stated SEC Group is recommending the spot repair of damaged storm sewer pipes using a cured in-place pipe liner. The qualified contractor for this project is Infrastructure Solutions Inc who would complete the task for the amount of $12,700. SEC Group recommends acceptance of the proposal submitted by Infrastructure Solutions Inc. Funds to pay for the repairs would be taken from the previously mentioned settlement. In response to an inquiry, Director of Public Works Schmitt stated there remains a couple of public improvements still to complete in the subdivision. Motion by Blake, seconded by Wimmer,to accept Staffs recommendation to: 1. Award the bid for the repair/replacement of damaged sidewalks and aprons, install new sidewalks and landscape the public right-of-way in Legend Lakes Subdivision in the amount not-to-exceed $133,842.65 to Greg Greenhill Construction; and 2. Accept the proposal to spot repair damaged storm sewer pipes using a cured in-place pipe line in the amount of$12,700 submitted by Infrastructure Solutions Inc. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low announced her intention to appoint Joseph Doherty to fill the unexpired term of John Howell to the Planning and Zoning Commission. The term would expire on April 30, 2010. She requested a motion to approve the appointment. Motion by Wimmer, seconded by Santi, to accept Mayor Low's recommendation to appoint Joseph Doherty to fill the unexpired term of John Howell to the Planning and Zoning Commission with an expiration date of April 30, 2011. Regular Meeting Page 10 September 20,2010 Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson, Condon, Voting Nay: None. Abstained: Glab. Absent: None. Motion carried. Mayor Low reported BuddyZ opened for business to a good crowd this past weekend. The Brunch Cafe also opened for business. Mayor Low also reported the Movies in the Park series is drawing a good crowd and the event provides free family-friendly entertainment. She complimented Paul Letizia for the success of this event. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS Alderman Blake requested clarification that Council would meet on Monday, September 27th as the Bears versus the Packers football game is on Monday Night Football. City Administrator Black confirmed that is correct. ADJOURNMENT Motion by Schaefer, seconded by Wimmer,to adjourn the meeting at 8:44 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 8:44 p.m. Mayor City Clerk DATE 9/21/2010 04:10 PM CITY OF MCHENRY PAGE 1 LIST OF BILLS COUNCIL MEETING 9/27/10 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 _ -------------------------------------- ----------------------- 10090839 100 33 1108 ADAMS ENTERPRISES INC, R 439635CHIPPEP REPAIR PARTS 09/27/10 0 092110 817.14 100.33.5370 1009 092110 GLJ0992 617.14 092110 10090840 100 33 1106 ADAMS STEEL SERVICE INC 292103SUPPLIES 09/27/10 0 092110 144.00 100.33.6110 1009 092110 GLJ0992 144.00 092110 10090841 100 33 1251 AGS REBUILDERS 2547 VEHICLE REPAIR PARTS 09/27/10 0 092110 159.00 100.33.5370 1009 092110 GLJ0992 159.00 092110 10090831 100 47 1421 AMELIO, ROBERT 8/16-9/17 SOFTBALL UMPIRE SERVICES 09/27/10 0 092110 211.50 100.47.5110 1009 092110 GLJ0992 211.50 092110 10090842 100 47 1497 ANDERSON, LORI 8/4-9/16 PARKS PROGRAM INSTRUCTOR 09/27/10 0 092110 150.38 100.47.5110 1009 092110 GLJ0992 150.38 092110 10090843 100 XXXXX 1450 AT&T SEPT 2010 ALARM CIRCUITS 09/27/10 0 092110 132.26 100.43.5320 1009 092110 GLJ0992 29.38 092110 100.45.5320 1009 092110 GLJ0992 102.88 092110 10090844 100 XXXXX 1452 AT&T LONG DISTANCE SEPT 2010 LONG DISTANCE PHONE SERVICE 09/27/10 0 092110 78.75 100.01.5320 1009 092110 GLJ0992 72.77 092110 100.22.5320 1009 092110 GLJ0992 .30 092110 100.30.5320 1009 092110 GLJ0992 1.91 092110 100,33.5320 1009 092110 GLJ0992 3.18 092110 100.41.5320 1009 092110 GLJ0992 .57 092110 100.45.5320 1009 092110 GLJ0992 .02 092110 10090845 510 XXXXX 1452 AT&T LONG DISTANCE SEPT 2010 LONG DISTANCE PHONE SERVICE 09/27/10 0 092110 6.19 510.31.5320 1009 092110 GLJ0992 5.47 092110 510.32.5320 1009 092110 GLJ0992 .72 092110 10090832 100 47 2148 BENTZ, DONALD J 8/16-9/17 SOFTBALL UMPIRE SERVICES 09/27/10 0 092110 102.00 100.47.5110 1009 092110 GLJ0992 102.00 092110 10090847 600 00 2408 BLUE CROSS BLUE SHIELD 0 830865MEDICAL & DENTAL INSURANCE 09/27/10 O 092110 107,915.47 600.00.4310 1009 092110 GLJ0992 101310.37 092110 600.00.4320 1009 092110 GLJ0992 6605.10 092110 10090833 100 47 2637 BREMER, CURTIS H 8/16-9/17 SOFTBALL UMPIRE SERVICES 09/27/10 0 092110 104.00 100.47.5110 1009 092110 GLJ0992 104.00 092110 10090834 100 47 2651 BROWN, PAUL 8/16-9/17 SOFTBALL UMPIRE 09/27/10 O 092110 46.00 100.47.5110 1009 092110 GLJ0992 46.00 092110 10090848 100 45 3007 CAREY ELECTRIC 24531 ELECTRICAL WORK 09/27/10 0 092110 1,626.00 100.45.5110 1009 092110 GLJ0992 1626.00 092110 10090849 610 00 3157 CENTEGRA OCCUPATIONAL ME 86176 MEDICAL SERVICES 09/27/10 0 092110 58.80 610.00.6940 1009 092110 GLJ0992 58.80 092110 10090850 100 33 6635 CHICAGO INTERNATIONAL TR 112041733 VEHICLE REPAIR PARTS 09/27/10 0 092110 633.29 DATE 9/21/2010 04:10 PM CITY OF MCHENRY PAGE 2 . LIST OF BILLS COUNCIL MEETING 9/27/10 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 ------------------------------------------------- -------------------------------- 100.33.5370 1009 092110 GLJ0992 633.29 092110 10090851 620 00 3532 COMMUNICATIONS REVOLVING T1103604 COMMUNICATION CHARGES 09/27/10 0 092110 105.00 620.00.5110 1009 092110 GLJ0992 105.00 092110 10090852 100 33 3537 CONCRETE SOLUTIONS CORP 18600 SUPPLIES 09/27/10 0 092110 177.25 100.33.6110 1009 092110 GLJ0992 177.25 092110 10090853 510 32 3565 CONSTELLATION NEWENERGY AUG 2010 WATER/SEWER PUMPING CHARGES 09/27/10 0 092110 9,126.94 510.32.5510 1009 092110 GLJ0992 9126.94 092110 10090854 100 XXXXX 3742 CURRAN CONTRACTING COMPA 74121 MATERIALS 09/27/10 0 092110 1,450.39 100.33.6110 1009 092110 GLJ0992 1399.39 092110 100.45.6110 1009 092110 GLJ0992 51.00 092110 10090855 510 31 3742 CURRAN CONTRACTING COMPA 74121 MATERIALS 09/27/10 0 092110 117.30 510.31.6110 1009 092110 GLJ0992 117.30 092110 10090856 100 45 3753 CUSTOM LANDSCAPING 1579 TOPSOIL 09/27/10 0 092110 650.00 100.45.6110 1009 092110 GLJ0992 650.00 092110 10090835 100 47 4146 DELISI, PHIL 8/16-9/17 SOFTBALL UMPIRE SERVICES 09/27/10 0 092110 200.00 100.47.5110 1009 092110 GLJ0992 200.00 092110 10090892 620 00 4530 DOCUMENT IMAGING DIMENSI 74434 PRINTER TONER CARTRIDGES 09/27/10 0 092110 177.00 620.00.6210 1009 092110 GLJ1000 22 177.00 092110 10090893 510 32 4639 DRYDON EQUIPMENT INC 38210 EQUIPMENT REPAIR PARTS 09/27/10 0 092110 199.38 510.32.5375 1009 092110 GLJ1000 199.38 092110 10090857 100 41 1 DUNCAN, CHANTAL PARKS PROGRAM REFUND 09/27/10 0 092110 129.00 100.41.3636 1009 092110 GLJ0992 129.00 092110 10090894 100 33 5107 ED'S RENTAL & SALES INC 359024CONCRETE SAW PARTS 09/27/10 0 092110 23.77 100.33.5370 1009 092110 GLJ1000 23.77 092110 10090858 100 41 1 FEUCHT, ANGELA PARKS PROGARM REFUND 09/27/10 0 092110 64.00 100.41.3636 1009 092110 GLJ0992 64.00 092110 10090836 100 47 6554 FOWLER, JEFF R 8/16-9/17 SOFTBALL UMPIRE SERVICES 09/27/10 0 092110 115.00 100.47.5110 1009 092110 GLJ0992 115.00 092110 10090859 100 41 1 GREEN, PAULA PARKS PROGRAM REFUND 09/27/10 0 092110 110.00 100.41.3637 1009 092110 GLJ0995 110.00 092110 10090895 510 32 3662 HERITAGE-CRYSTAL CLEAN L 11544308 PARTS WASHER SERVICE 09/27/10 0 092110 125.97 510.32,5110 1009 092110 GLJ1000 125.97 092110 10090860 100 45 5521 JC LICHT/EPCO 7291765 FIELD MARKING PAINT 09/27/10 0 092110 400.00 100.45.6110 1009 092110 GLJ0995 400.00 092110 7ATE 9/21/2010 04:10 PM CITY OF MCHENRY PAGE 3 LIST OF BILLS COUNCIL MEETING 9/27110 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 10090861 100 41 1 KARAMAGIANIS, WENDY PARKS PROGRAM REFUND 09/27/10 0 092110 47.00 100.41.3636 1009 092110 GLJ0995 47.00 092110 10090837 100 47 11764 KUS, TOM 8/16-9/17 SOFTBALL UMPIRE SERVICES 09/27/10 0 092110 102.00 100.47.5110 1009 092110 GLJ0992 102.00 092110 10090863 100 47 12998 MACDONALD, BJ REIMB SWIM TEAM MEETING DINNERS 09/27/10 0 092110 33.00 100.47.6110 1009 092110 GLJ0995 33.00 092110 10090864 100 41 1 MALZAHN, CAROL PARKS PROGRAM REFUND 09/27/10 0 092110 64.00 100.41.3636 1009 092110 GLJ0995 64.00 092110 10090838 100 47 13045 MAZZUCA, JOE 8/16-9/17 SOFTBALL UMPIRE SERVICES 09/27/10 0 092110 138.00 100.47.5110 1009 092110 GLJ0992 138.00 092110 10090897 510 31 14246 MCHENRY ANALYTICAL WATER 1004067 WATER SAMPLE ANALYSIS 09/27/10 0 092110 450.00 510.31.5110 1009 092110 GLJ1000 450.00 092110 10090870 100 00 2 MCHENRY BANK & TRUST REFUND PERMIT #10-07-102 09/27/10 0 092110 30.00 100.00.3410 1009 092110 GLJ0995 30.00 092110 10090869 100 45 14266 MCHENRY FIRESTONE 17451 FLAT TIRE REPAIRS 09/27/10 0 092110 15.00 100.45.6110 1009 092110 GLJ0995 15.00 092110 10090865 510 31 13309 MID AMERICAN WATER OF WA 120665W SUPPLIES 09/27/10 0 092110 436.45 510.31.6110 1009 092110 GLJ0995 436.45 092110 10090866 510 31 13309 MID AMERICAN WATER OF WA 120771W SUPPLIES 09/27/10 0 092110 362.40 510.31.6110 1009 092110 GLJ0995 362.40 092110 10090896 510 32 13277 MIDWEST HOSE AND FITTING M4171 SUPPLIES 09/27/10 0 092110 36.18 510.32.5370 1009 092110 GLJ1000 36.18 092110 10090867 100 22 13291 MINUTEMAN PRESS OF MCH 73640 BUSINESS CARDS 09/27/10 0 092110 36.50 JONES 100.22.6210 1009 092110 GLJ0995 36.50 092110 10090868 100 02 13742 MUNICIPAL CLERKS OF 10/10-9/11MEMBERSHIP 09/27/10 0 092110 80.00 JONES/KUNZER 100.02.5410 1009 092110 GLJ0995 80.00 092110 10090871 100 XXXXX 15545 NICOR GAS AUG/SEPT UTILITIES 09/27/10 0 092110 420.52 100.42.5510 1009 092110 GLJ0995 386.83 092110 100.46.5510 1009 092110 GLJ0995 33.69 092110 10090872 510 XXXXX 15545 NICOR GAS AUG/SEPT UTILITIES 09/27/10 0 092110 537.36 510.31.5510 1009 092110 GLJ0995 110.54 092110 510.32.5510 1009 092110 GLJ0995 426.82 092110 10090873 100 45 15548 NORTHERN KEY & LOCK INC 75529 LOCK REPLACEMENT 09/27/10 O 092110 395.00 100.45.5110 1009 092110 GLJ0995 395.00 092110 DATE 9/21/2010 04:10 PM CITY OF MCHENRY PAGE 4 ' LIST OF BILLS COUNCIL MEETING 9/27/10 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 ------------------------------------------------------------------------------------------------------------------------------------ 10090877 100 47 17007 PADDOCK, TIMOTHY 7/26-30/10PARKS PROGRAM INSTRUCTOR 09/27/10 0 092110 176.25 100.47.5110 1009 092110 GLJ0995 176.25 092110 10090874 100 03 2532 PETROLIANCE LLC 6893343 VEHICLE FUEL 09/27/10 0 092110 126.70 100.03.6250 1009 092110 GLJ0995 126.70 092110 10090875 100 33 2532 PETROLIANCE LLC 8893505 DRUM DEPOSIT CREDITS 09/27/10 0 092110 423.50- 100.33.5370 1009 092110 GLJ0995 423.50CR 092110 10090876 100 45 2532 PETROLIANCE LLC 8893346 VEHICLE FUEL 09/27/10 0 092110 397.27 100.45.6250 1009 092110 GLJ0995 397.27 092110 10090898 510 32 2532 PETROLIANCE LLC 8890611 VEHICLE FUEL 09/27/10 0 092110 124.12 510.32.6250 1009 092110 GLJ1000 124.12 092110 10090899 510 32 2532 PETROLIANCE LLC 8890681 VEHICLE FUEL 09/27/10 0 092110 121.11 510.32.6250 1009 092110 GLJ1000 121.11 092110 10090900 510 31 2532 PETROLIANCE LLC 8893345 VEHICLE FUEL 09/27/10 0 092110 274.28 510.31.6250 1009 092110 GLJ1000 274.28 092110 10090878 100 45 19028 PITEL SEPTIC INC 6976 PORTABLE TOILET RENTALS 09/27/10 0 092110 450.00 100.45.5110 1009 092110 GLJ0995 450.00 092110 10090879 100 XXXXX 19148 RELIABLE SAND & GRAVEL 2815 MATERIALS 09/27/10 0 092110 562.12 100.33.6110 1009 092110 GLJ0995 432.30 092110 100.45.6110 1009 092110 GLJ0995 129.82 092110 10090880 510 31 19148 RELIABLE SAND & GRAVEL 2815 MATERIALS 09/27/10 0 092110 216.14 510.31.6110 1009 092110 GLJ0995 216.14 092110 10090881 100 45 20095 SCHOPEN PEST SOLUTIONS 24056 PEST CONTROL SERVICES 09/27/10 0 092110 90.00 100.45.6110 1009 092110 GLJ0995 90.00 092110 10090901 100 01 20095 SCHOPEN PEST SOLUTIONS 24054 PEST CONTROL SERVICES 09/27/10 0 092110 75.00 100.01.5110 1009 092110 GLJ1000 75.00 092110 10090882 100 41 1 SCHROEDER, KIM PARKS PROGRAM REFUND 09/27/10 0 092110 64.00 100.41.3636 1009 092110 GLJ0995 64.00 092110 10090883 100 01 20152 SECRETARY OF STATE / POL #303 PLATE REGISTRATION RENEWAL 09/27/10 0 092110 99.00 100.01.6940 1009 092110 GLJ0995 99.00 092110 10090884 100 33 20708 STANDARD INDUSTRIAL & AU 46710 SUPPLIES 09/27/10 0 092110 141.00 100.33.6110 1009 092110 GLJ0995 141.00 092110 10090885 100 XXXXX 20711 STAPLES ADVANTAGE 8016465869OFFICE SUPPLIES 09/27/10 0 092110 32.76 100.00.6210 1009 092110 GLJ0995 78.36CR 092110 100.41.6210 1009 092110 GLJ0995 50.77 092110 100,22.6210 1009 092110 GLJ0995 27.59 092110 DATE 9/21/2010 04:10 PM CITY OF MCHENRY PAGE 5 LIST OF BILLS COUNCIL MEETING 9/27/10 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 ------------------------------------------------------------------------------------------------------------------------------------ 100.22.6210 1009 092110 GLJ0995 32.76 092110 10090886 100 33 20719 STEINER ELECTRIC COMPANY 3374628 SUPPLIES 09/27/10 0 092110 318.03 100.33.6110 1009 092110 GLJ0995 318.03 092110 10090887 100 33 21632 TRAFFIC CONTROL & PROTEC 67434 STREET SIGNS 09/27/10 0 092110 714.90 100.33.6110 1009 092110 GLJ0995 714.90 092110 10090888 100 XXXXX 21632 TRAFFIC CONTROL & PROTEC 67517 STREET SIGNS 09/27/10 0 092110 159.73 100.33.6110 1009 092110 GLJ0995 127.79 092110 100.01.6110 1009 092110 GLJ0995 31.94 092110 10090889 510 32 23287 VIKING CHEMICAL COMPANY 206534CHEMICALS 09/27/10 0 092110 1,405.00 510.32.6110 1009 092110 GLJ0995 1405.00 092110 10090890 100 XXXXX 24020 WALMART COMMUNITY AUG/SEPT SUPPLIES 09/27/10 0 092110 49.57 100.01.4510 1009 092110 GLJ0995 36.00 092110 100.41.6110 1009 092110 GLJ0995 1.57 092110 100.47.6110 1009 092110 GLJ0995 12.00 092110 10090891 100 33 24037 WATER PRODUCTS - AURORA 222251SUPPLIES 09/27/10 0 092110 315.80 100.33,6110 1009 092110 GLJ0995 315.80 092110 EXPENDED LIQUID ACCRUAL GRAND TOTALS - 134,028.47 RECAP TOTALS EXPENDED LIQUID ACCRUAL FUND TOTALS 100 GENERAL FUND 12,233.38 510 WATER/SEWER FUND 13,538.82 600 EMPLOYEE INSURANCE FUND 107,915.47 610 RISK MANAGEMENT FUND 58.80 620 INFORMATION TECHNOLOGY FUND 282.00 **** 134,028.47 r AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin,Deputy City Administrator FOR: September 27, 2010 Regular City Council Meeting RE: Regulations for Commercial Vehicles Background. Following the discussion and proposed regulations for recreational vehicles the definition and regulations for the placement and storage of commercial vehicles in residential zoning districts was considered based on the difficulties experienced by the Construction and Neighborhood Services Department in enforcing the current regulations. Definition of Recreational Vehicle and Trailer Below is the current definition of commercial vehicle. p. 513 of the zoning ordinance Commercial Vehicle: A motorized vehicle other than a passenger car, passenger van; or recreational vehicle used by a household for non-commercial personal or family transportation, for recreation, or for van pooling or ride-sharing use. Commercial vehicles include commercial trucks, buses, buses used as recreational vehicles, commercial vans,tractors, semi trailers, motorized farm vehicles, and earth-moving equipment(existing definition). The existing definition as currently written is vague and severely limits what constitutes a commercial vehicle. Below is staffs proposed revised definition for commercial vehicle. Commercial Vehicle: A motorized vehicle other than a passenger car, passenger van, or recreational vehicle (as defined herein) used by a household for non-commercial personal or family transportation, van pooling or ride-sharing use (proposed definition). T Reeulations for Commercial Vehicles Parking of Commercial Vehicles Below are the current regulations for commercial vehicles. A. In Residential Districts No commercial vehicle as defined herein may be parked or stored in a Residential District other than in a completely enclosed garage except for Ioading or unloading of household belongings between 6:00 AM and midnight for the purpose of moving a personal residence or for deliveries, repairs, construction, maintenance,or service calls. B. In Business Districts No commercial vehicle as defined herein may be parked or stored in a Commercial or Office District other than in a completely enclosed garage unless it is used in a business located on the same premises or is being parked temporarily by a customer, supplier, contractor, or visitor or for loading, unloading, moving,or construction,maintenance, or repair of the premises. The existing regulations for the parking of commercial vehicles in residential districts is very restrictive and does not take into account that many people have jobs where they are permitted to bring their work vehicle home. Under these regulations no commercial vehicles can be parked outside in a residential zoning district overnight. Below are staff s proposed revised regulations for commercial vehicles. The only change that staff would recommend regarding conunercial vehicles in business districts is to change the heading from business districts to non-residential districts. Staff has not experienced any problems with commercial vehicles in non-residential areas and does not want to make any substantive changes to the current regulations. Staff is more concerned, at this point, with updating the regulations for commercial vehicles in residential districts. These provisions are proposed to replace the existing requirements for having commercial vehicles in residential districts: • No commercial vehicle, as defined herein, exceeding 9 feet in height and 25,feet in length may be parked and/or stored in a residential zoning district. Exterior ladders and any appurtenances on top of the vehicle shall be excluded from the height calculation; The following commercial vehicles are expressly prohibited from being parked and/or stored in a residential zoning district: stake bed trucks, box trucks, dump trucks, boom trucks, earth-moving equipment, tow trucks, step vans, semi tractor trailers with or without a trailer and any vehicle in excess of 10,000 pounds; • Two commercial vehicles, as defined herein, that do not exceed 9 height and 25 feet in length may be parked and/or stored in a residential zoning district in accordance with the regulations for parking and/or storing of vehicles in a residential zoning district contained in the zoning ordinance. Staff has attached pictures of various commercial vehicles. The following vehicles would be permitted and do meet the proposed height and length requirements under the terms of this ordinance: sprinter van, cargo van, cube van and panel van. Staff did field verify that generally these types of vehicles are in compliance with the proposed height and length restrictions. Staff has confirmed that most of the commercial vehicles driven home daily and kept overnight in a residential zoning district would be permitted to do so under the proposed terms of this ordinance. Several vehicles were measured to verify this. Amortization Staff believes that a one-year amortization time frame be established, following the passage of this ordinance by the City Council, whereby residents who do not meet the new regulations can come into compliance. During this one-year time frame staff will educate residents on the newly adopted regulations. Community Development Committee. At the March 16, 2010 Community Development Committee meeting (minutes attached) the Committee considered amendments to the current commercial vehicle regulations and recommended staff proceed with the proposed changes. Planning and Zoning Commission. The Planning and Zoning Commission considered the amendments to the zoning ordinance with regards to commercial vehicles at two meetings and requested further clarification from the city attorney regarding the regulation of commercial vehicles in residential districts and First Amendment issues (letter from city attorney dated 6/24/10 is attached). The Planning and Zoning Commission did not vote on proposed amendments to the commercial vehicle regulations until the Special Planning and Zoning Commission Meeting on July 8, 2010 (both sets of minutes attached). The most discussion occurred regarding whether one or two commercial vehicles should be permitted in a residential zoning district. The Planning and Zoning Commission recommended (5-1) the proposed text amendment relating to the definition and regulations of commercial vehicles parking in residential districts be approved subject to the condition that only one commercial vehicle be allowed on a residential premises overnight. Staff Recommendation. Approval of the attached ordinance amending Chapters VII and XIX of the City of McHenry zoning ordinance with regards to commercial vehicles, including a one-year amortization period from the date of passage of this ordinance, as presented. Staff is not proposing any revisions to its initial proposed regulations which would permit two commercial vehicles in a residential zoning district. ORDINANCE NO. AN ORDINANCE ADOPTING A TEXT AMENDMENT TO THE CITY OF MCHENRY, ILLINOIS ZONING ORD NAN E REGARDING THE REGULATION OF rARKING OF COMMERCIAL VEHICLES WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. WHEREAS, a petition has been filed by the City of McHenry requesting text amendments to the City of McHenry Zoning Ordinance regarding the regulation of parking of recreational vehicles and trailers; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on June 17, 2010 and continued to July 8, 2010 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested zoning text amendments; and WHEREAS, the City Council has considered the evidence and recommendation from the Planning and Zoning Commission and finds that the approval of the zoning text amendments currently requested and approved by this ordinance 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 Chanter VII Off-Street Parking and Loadina, Section B. Off-Street Parking Provisions, Sub-sections 9A Parking of Commercial Vehicles in Residential Districts is hereby amended by deleting the entire section 9A and replacing it with the following language: "9. Parking of Recreational Vehicles and Trailers A. "In Residential Districts No commercial vehicle, as defined herein, exceeding 9 feet in height and 25 feet in length may be parked and/or stored in a residential zoning district. Exterior ladders and any appurtenances on top of the vehicle shall be excluded from the height calculation; The following commercial vehicles are expressly prohibited from being parked and/or stored in a residential zoning district: stake bed trucks,box trucks, dump trucks,boom trucks, earth-moving equipment,tow trucks, step vans, semi tractor trailers with or without a trailer and any vehicle in excess of 10,000 pounds; Two commercial vehicles, as defined herein, that do not exceed 9 height and 25 feet in length may be parked and/or stored in a residential zoning district in accordance with the regulations for parking and/or storing of vehicles in a residential zoning district contained in the zoning ordinance". SECTION 2. That Chapter VII Off-Street Parking and Loading, Section B. Off-Street Parking Provisions, Sub-section 9B Parking of Commercial Vehicles in Business Districts is hereby amended by deleting"In Business Districts" and replacing it with"In Non-Residential Districts". SECTION 3: That Chanter XIX Definitions is hereby amended by deleting the following definition: "VEHICLE, COMMERCIAL: A motorized vehicle other than a passenger car, passenger van, or recreational vehicle used by a household for non-commercial personal or family transportation, for recreation, or for van pooling or ride-sharing use. Commercial vehicles include commercial trucks, buses, buses used as recreational vehicles, commercial vans, tractors, semi-trailers, motorized farm vehicles, and earth-moving equipment". And replacing them with the following: "VEHICLE, COMMERCIAL: A motorized vehicle other than a passenger car, passenger van, or recreational vehicle (as defined herein) used by a household for non-commercial personal or family transportation, van pooling or ride-sharing use". SECTION 4: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 5: 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 6: 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 2010 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF ,2010 MAYOR ATTEST: CITY CLERK 3//43 Discussion Regarding Commercial Vehicle Regulations Deputy City Administrator Martin informed the Committee that following the discussion and proposed regulations for recreational vehicles, Staff has been re-evaluating the definition and regulations for placement and storage of commercial vehicles based on the difficulties experienced by the Construction and Neighborhood Services Department in enforcing the current regulations. Deputy City Administrator Martin indicated that the existing definition for Commercial Vehicles is vague and severely limits what constitutes a commercial vehicle. Staff is recommending the following definition for commercial vehicles: Commercial Vehicle: A motorized vehicle other than a passenger car, passenger van, or recreational vehicle (as defined herein) used by a household for non- commercial personal or family transportation, van pooling or ride-sharing use. Deputy City Administrator Martin provided the Committee with existing regulations for the parking of commercial vehicles found in the City zoning ordinance on Page 170. He stated that the existing regulations for the parking of commercial vehicles in residential districts is very restrictive and does not take into account that many people have jobs where they are permitted to bring their work vehicle home. Under these regulations no commercial vehicles can be parked outside in a residential zoning district overnight. Staff recommends regarding commercial vehicles in business districts, changing the heading from business districts to non-residential districts. Staff has not experienced any problems with commercial vehicles in non-residential areas and does not want to make any substantive changes to the current regulations. Staff indicated that they were more concerned, at this time, with updating the regulations for commercial vehicles in residential districts. The provisions proposed to replace the existing requirements for having a conunercial vehicle in residential districts are as follows: i No commercial vehicle, as defined herein, exceeding 9 feet in height and 25 feet in length may be parked and/or stored in a residential zoning district. Exterior ladders and any appurtenances on top of the vehicle shall be excluded from the height calculation. The following commercial vehicles are expressly prohibited from being parked and/or stored in a residential zoning district: stake bed trucks, box trucks, dump trucks, boom trucks, earth-moving equipment, tow trucks, step-vans, semi-tractor trailers with or without a trailer, and any vehicle in excess of 10,000 pounds. e Two commercial vehicles, as defined herein, that do not exceed 9 feet in height and 25 feet in length may be parked and/or stored on a lot in a residential zoning district in accordance with the regulations for parking and/or storing of vehicles in a residential zoning district contained in the zoning ordinance. Staff provided the Committee with photographs depicting proposed pennitted and prohibited commercial vehicles in residential zoning districts. Staff verified that the vehicles depicted as permitted do meet the proposed height and length requirements under the temis of the new ordinance. Staff has verified that most of the commercial vehicles driven home on a daily basis and which are kept overnight in a residential zoning district would be permitted to do so under the proposed terms of the new ordinance. Several vehicles were measured to verify this. Additionally, Staff verified the maximum weight of a large residential-type pick-up truck and this does not exceed the 10,000 pound maximum weight restriction. Staff believes that a one-year amortization time frame be established following the passage of the ordinance by the City Council. This one year amortization would allow those residents that currently do not meet the new regulations ample opportunity to come into compliance. Staff will educate residents during the ensuing one-year amortization period regarding the newly adopted regulations. Chairman Aldennan Condon opined that a one-year amortization period is ample time to comply with the new regulations. Motion by Santi, seconded by Condon, to direct Staff to proceed with the proposed changes and present the revised Ordinance to Rill Council for direction to present the matter before the Planning and Zoning Commission at a Public Hearing. Aye: Condon, Santi. Nay: None. Absent: Glab. Motion carried. Planning and Zoning Commission June 17,2010 Page 2 Deputy City Administrator Martin provided the Commission with the Staff Report regarding this matter. He noted the current residence is non-conforming and in order for the applicant to construct his desired addition, he would require a one-foot variance. Staff has reviewed the request and supports the minor variance as submitted. Chairman Howell invited questions and comments from the Commission. Responding to an inquiry, Mr. Golnick stated the size of the addition is approximately 19'8" by 40'. The addition would include two rooms and a hallway. He noted there would be a patio door out of the smaller room. Question was raised as to the possibility of hitting an abandoned well or septic during the construction of the addition. Deputy City Administrator Martin stated all construction issues would be addressed during the permit review and inspection processes. When asked about the status of the soil on the premises, Mr. Golnik stated he had soil tests completed, but he has not yet received the report. At this time he is unsure if the addition would be constructed on a slab, or if he would be required to use caissons or piers. He will know more when he has received the soils report. Mr. Golnik stated he would be the general contractor for the project. Chairman Howell noted there was no one in the audience wishing to comment on this matter. Motion by Nadeau, seconded by Buhrman, to recommend to City Council, with regard to File No. Z-755, an application for minor variance to approve a 5' interior side yard setback to allow the construction of a building addition as requested by Jason and Amy Golnick for their property located at 3317 West Venice Avenue, as presented, and that Table 32, the Approval Criteria for Variances,pages 377-378 of the Zoning Ordinance, as been met. Voting Aye: Buhrman, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Morck, Schepler. Motion carried 5-0. Chairman Howell closed the Public Hearing regarding File No. Z-754 at 7:44 p.m. Public Hearing: City of McHenry File No. Z-7-95 Text Amendment Chairman Howell called the Public Hearing to order at 7:45 p.m. regarding File No. Z-755, an application for a text amendment to amend the ordinance as it relates to the parking of recreational and commercial vehicles in the residential districts. Planning and Zoning Commission June 17,2010 Page 3 Chairman Howell stated Notice of Public Hearing was published in the Northwest Herald on May 29, 2010. A Certificate of Publication is on file in the City Clerk's Office. Deputy City Administrator Martin, stated Staff has experienced great difficulty in attempting to enforce the City's current regulations regarding the parking of recreational and commercial vehicles. To that end the matter was presented to the Community Development Committee for discussion and direction. The result is that the Committee has developed more concise definitions as they relate to these two categories of vehicles, and clearer regulations governing the parking of the vehicles in the residential districts. Recreational Vehicles Deputy City Administrator Martin stated the recommendation was to amend the definition to more accurately reflect what is meant by a recreational vehicle. Additionally, the definition of trailer is being amended to more clearly identify all of the potential uses for trailers. The definition also includes specific exclusions in order to avoid confusion. Deputy City Administrator Martin noted the following changes are also being proposed to the regulations governing recreational vehicles: 1. Only one recreational vehicle or trailer shall be permitted in the required front yard or required corner side yard as defined herein; 2. Trailers must be property licensed; 3. Additional recreational vehicles and trailers shall be maintained, kept, stored and/or parked on an approved solid parking surface: a. Which shall be no less than the minimum dimensions of the vehicle or trailer being parked thereon,but in no case shall the parking surface be less than 9' by 18% b. Which shall be designed and constructed so as not to allow grass or other vegetation to grow within, on or above the solid parking surface; c. Which may consist of brick, asphalt, concrete or paver brick. Deputy City Administrator Martin noted the new definitions and regulations should assist in determining how to enforce parking requirements and guidelines. These definitions and regulations would replace those currently existing in the Off-Street Parking chapter of the Zoning Ordinance. Commercial Vehicles Deputy City Administrator Martin stated the Committee also looked at the parking of commercial vehicles in the residential districts. The Committee recommended simplifying the definition for ease of enforcement. It was noted that many residents have jobs where they are permitted to bring their work vehicles home. Under the current regulations no commercial vehicles can be parked outside in a residential district overnight. Staff concurs with the revised definition and would change the "In Business Districts" regulations to "Non-Residential Districts" thereby creating regulations for in the residential districts and the non-residential districts. Planning and Zoning Commission June 17,2010 Page 4 Deputy City Administrator Martin presented the following regulations for commercial vehicles in residential districts: 1. No commercial vehicle, as defined herein, exceeding 9 feet in height and 25 feet in length may be parked and/or stored in a residential zoning district; a. Exterior ladders and any appurtenances on top of the vehicle shall be excluded from the height calculation; b. The following commercial vehicles are expressly prohibited from being parked and/or stored in a residential zoning district: stake bed trucks, box trucks, dump trucks,boom trucks, earth-moving equipment, tow trucks, step-vans, semi tractor trailers with or without a trailer, and any vehicle in excess of 10,000 pounds in weight; 2. Two commercial vehicles, as defined herein, that do not exceed 9 feet in height and 25 feet in length may be parked and/or stored in a residential zoning district in accordance with the regulations for parking and/or storing of vehicles in a residential zoning district contained in the Zoning Ordinance. Deputy City Administrator Martin noted, currently, any vehicle which has a D or above registration with the state is prohibited from parking in the residential district. Staff believes making the proposed changes would provide a more practical approach to regulating parking of recreational and commercial vehicles in the residential districts as opposed to the current license/registration-driven requirements. Chairman Howell invited questions and comments from the commissioners. It was noted that there are many vans and trucks which exceed the 10,000 pound maximum requirement. Chairman Howell stated it appears the proposed changes make it easier to park a commercial vehicle in the residential neighborhoods. He opined that the residential neighborhoods which are zoned RS3 and greater in area (RS2, RS1, E) should not be allowed to have commercial vehicles parked on them. He stated he would not support making it easier to have commercial vehicles being parked in the residential neighborhoods. He noted a home in his neighborhood has a small commercial bus which they use for transporting their large family. He does not believe this is appropriate. He further stated a vehicle which is designed for commercial use should not be allowed to be parked or stored in the residential district. Ekstrom concurred with Howell. She stated her preference to limit the number of commercial vehicles to one on a site rather than two. She further stated she would prefer that the vehicles be smaller in size. The proposed large size of admissible commercial vehicles should be reduced. Chairman Howell also stated that passenger vehicles with commercial graphics should also be banned from the residential district. He stated he concurs with the proposed changes to the recreational vehicle definitions and regulations. Ekstrom inquired if formerly the recreational vehicles could be parked in front of the house. Deputy City Administrator explained there currently exists a hierarchy of permissible parking for recreational vehicles in the residential district (i.e. first it should be stored in the garage, if large Planning and Zoning Commission June 17,2010 Page 5 enough; otherwise it shall be parking in the driveway to the rear of the building line; otherwise it shall be parked in the driveway ahead of the building line; otherwise in an open off-street parking space). Thacker stated recreational vehicles are not typically stored in a garage. He noted he has a panel work van in his neighborhood. He stated he would rather look at the panel van than a large camper or recreational vehicle. Chairman Howell stated he would not be in favor of liberalizing either the parking/storage of recreational vehicles or commercial vehicles. Thacker noted there are some commercial vehicles being parked in his neighborhood. The vehicles are regular vans with commercial decals. Deputy City Administrator Martin questioned whether the City has the right to regulate writing/graphics on vehicles. Chairman Howell requested City Attorney Cahill to research the issue of freedom of speech relative to commercial vehicles' graphics/advertising and being prohibited from parking in a residential district. Chairman Howell opined passenger cars with graphics are actually billboards on wheels. Attorney Cahill stated commercial freedom of speech is not as protected as other freedoms of speech; however, she is not sure how protected they are. She agreed to research the issue. Buhrman noted he has a popup camper which is parked in his driveway during the summer months. He suggested recreational vehicles should only be stored in driveways or in the residential districts between May 1" and November 1st: Otherwise,they should be stored off-site. Chairman Howell suggested having size limits for recreational vehicles as well as for commercial vehicles. Ekstrom stated the proposed new definitions are acceptable. The proposed regulations governing recreational vehicle storage are appropriate. However, she stated she is not in favor of being more lenient with regard to the storage of commercial vehicles in the residential districts. Chairman Howell invited questions/comments from the audience. Jason Golnick of 3317 West Venice Avenue addressed the Commission, stating he wished to comment on the proposed amendments. He noted he has a large pickup truck and will use it to transport his family as it would accommodate the needed three infant car seats. He noted there is advertising on the back of the truck. The vehicle is too large to be stored in his garage. He feared if stricter regulations, as suggested by the commissioners, were adopted he would be unable to store his vehicle on his premises. Mr. Golnik acknowledged there are plenty of old trucks, panel vans, etc. being stored around town that should be cleaned up or removed and he would concur that the City would be best served to be rid of them. He further stated he formerly had a job with Planning and Zoning Commission June 17,2010 Page 6 a heating and air conditioning company. As a perk he was permitted to take the company vehicle home and use it as a second vehicle. He opined if more stringent regulations were adopted as proposed by the commissioners, he would be unable to take advantage of a similar situation today. Mr. Golnik went on to say that having more than one commercial vehicle on a site might be necessary but he concurred there should be no more than two commercial vehicles on a site. Chairman Howell suggested the City might have to allow variances to permit commercial vehicles to be parked or stored in the residential district rather than broadening the parking restrictions as proposed by the Community Development Committee. Chairman Howell noted he did not want to be too restrictive but when the Aesthetics Committee met several years ago the Committee drafted criteria for recreational and commercial vehicle storage and he opined those are the regulations which should be considered by the City at this time. Mr. Golnik stated he knows many people who have boats, recreational vehicles, etc. but he encourage the City to make it a requirement that these people prove they are actually using these vehicles and not just buying them and storing them on their premises. If unused, these vehicles become an eyesore to the neighborhood. Chairman Howell closed the Public Comment portion of the Public Hearing. Chairman Howell indicated the Commission must decide whether to make a reconunendation regarding the proposed text amendments at this time. Motion by Thacker, seconded by Ekstrom, to send the proposed text amendments regarding the parking and storage of recreational and commercial vehicles in the residential district back to Staff for further study relative to the discussion which occurred at this meeting, specifically with regard to freedom of speech considerations relating to graphics and writing on commercial vehicles, and to bring the matter back to the Planning and Zoning Commission for consideration on July 8, 2010 at 7:30 p.m. Voting Aye: Buhnnan, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Morck, Schepler. Motion carried 5-0. Chairman Howell closed the public hearing at 8:23 p.m. Other Business Chairman Howell requested the Commission be provided with new laminated identification cards: City of McHenry Planning and Zoning Commission Special Meeting July 8,2010 Chairman Howell called the July 8, 2010 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Buhrman, Ekstrom, Howell, Morck, Schepler, and Thacker. Absent: Nadeau. Also in attendance were: Attorney Kelly Cahill, Deputy City Administrator Martin, and Deputy City Clerk Kunzer. Approval of Minutes Motion by Ekstrom, seconded by Thacker, to approve. the minutes of the Planning and Zoning Commission Meeting as presented: June 17, 2010 regularly scheduled meeting. Voting Aye: Buhrman, Ekstrom, Howell, Morck,Schepler,and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Nadeau. Motion carried 6-0. Public Hearing: City of McHenry File No. Z-755 Text Amendment Chairman Howell reconvened the Public Hearing to order at 7:31 p.m. regarding File No Z-755, an application for Text Amendment relating to definitions and regulations pertaining to recreational vehicle and commercial vehicle parking in the Zoning Ordinance as submitted by the City of McHenry. Chairman Howell stated the Public Hearing was held on June 17, 2010 and continued to this date at the request of the commission. Staff was directed to seek clarification regarding Freedom of Speech issues relating to commercial vehicle signage. Deputy City Administrator Martin noted the Attorney Cahill has provided a memo outlining the legal opinion as it relates to enforcing parking of commercial vehicles in the residential district in light of Freedom of Speech parameters. The memorandum was provided for commissioners' edification. He noted Staff has not changed its recommendation with regard to the proposed amendments relating to the parking of recreational and commercial vehicles in the residential district. Chairman Howell invited questions and/or comments from the Commission. Buhrman inquired if Chairman Howell had any comments, inasmuch as he expressed many concerns at the Hearing on June 17cn Chairman Howell responded he would not favor easing restrictions regarding the parking of either commercial or recreational vehicles in the residential districts. He noted he would like to see the proposal submitted by the Planning and Zoning Aesthetics Committee be considered by the City. He also Planning and Zoning Commission July 8,2010 Page 2 noted he concurs with the proposed definitions for both commercial vehicles and recreational vehicles. But he does not concur with easing parking restrictions for these vehicles in the residential district. Chairman Howell stated he would approve an amendment which would be more restrictive. However if the motion includes the current proposal of refined definitions with less restrictions, he will vote against the amendment. Brief discussion occurred regarding whether a motion should be made to include both the proposed amendments for commercial and recreational vehicles. Deputy City Administrator suggested two motions, one for recreational vehicles and another for commercial vehicles, be made in order to provide clarity to Council regarding the matter. Thacker noted in the past the City has encountered difficulties regarding the enforcement of these types of parking violations. He opined there is not enough Staff to properly enforce these regulations. He inquired as to Staffs posture on enforcement. He inquired if any/all city employees could possibly note violators as they traveled throughout town. If a City employee of any department noted a vehicle being parked on the grass, they should ensure that the violation is acted upon. He stressed this should happen despite the department in which the employee worked. Deputy City Administrator Martin noted violations are handled on a complaint-driven basis. When complaints come into the Construction and Neighborhood Services Department they are logged in, a complaint form generated, and followed up by department personnel. Additionally, if a complaint is received in a particular neighborhood, the area is inspected for other similar violations to ensure equality of enforcement. He noted all complaints are taken seriously. They are followed through and pursued until remedied, Deputy City Administrator Martin noted it is impossible for the department Staff to drive on all the City streets every day. Chairman Howell noted he does not have a problem with Staff not driving over every street every day. However, if a resident complains, the potential violation should be explored. Chairman Howell opined the City should adopt a more restrictive commercial vehicle definition as proposed by Staff. However, he reiterated is could not support easing the parking restrictions of vehicles in the residential district. Chairman Howell noted there was no one in the audience wishing to offer comments or questions regarding this matter. Motion by Buhrman, seconded by Schepler, to recommend to the City Council with regard to File No. Z- 755, an application for text amendment relating to definition and regulations pertaining to recreational vehicle parking in the residential district, as requested by the City of McHenry, to approve the proposed amendments as presented. Voting Aye: Buhrman, Morck, and Schepler. Voting Nay: Ekstrom, Howell, and Thacker. Not Voting: None. Abstaining: None. Absent; Nadeau. Motion failed to carry 3-3. Planning and Zoning Commission July 8,2010 Page 3 Comments by Commissioners: Ekstrom: stated she has a problem with allowing multiple recreational vehicles, trailers boats, etc to be parked on a lot in the residential district and therefore opposes the proposed amendments. Chairman Howell: stated he has previously made his position clear and voted against the proposed amendments. Motion by Buhrman, seconded by Morck, to recommend to the City Council with regard to File No. Z- 755, an application for text amendment relating to definition and regulations pertaining to commercial vehicle parking in the residential district, as requested by the City of McHenry, to approve the proposed amendments as presented. Voting Aye: Morck Voting Nay: Buhrman, Ekstrom, Howell,Schepler, and Thacker. Not Voting: None. Abstaining: None. Absent: Nadeau. Motion failed to carry 1-5. Comments by Commissioners: Ekstrom: stated she is opposed to allowing the parking of two commercial vehicles on a site overnight. She stated it would be her recommendation that one commercial vehicle be allowed and if necessary two could be allowed if granted by the City. Schepler: concurred with Ekstrom and would prefer one commercial vehicle be permitted. Thacker: also agreed with Ekstrom; there should be no more than one commercial vehicle on a premises overnight. If special circumstances exist,the City could allow a second vehicle. On the recommendation of Attorney Cahill, the Commission discussed proposing a recommendation to allow a maximum of one commercial vehicle on a residential premises overnight. Motion by Ekstrom, seconded by Buhrman, to recommend to the City Council with regard to File No. Z- 755, an application for text amendment relating to definition and regulations pertaining to commercial vehicle parking in the residential district, as requested by the City of McHenry, to approve the proposed amendments subject to the recommendation that only one commercial vehicle be allowed on a residential premises overnight. Voting Aye: Buhrman, Ekstrom, Morck,Schepler, and Thacker. Voting Nay: Howell. Not Voting: None. Abstaining: None. Absent: Nadeau. Motion carried 5-1. Comments by Commissioners: Chairman Howell: stated he still opposed the text amendments regulating commercial parking as they were less restrictive than current regulations. He stated he is peeved that the detailed work the commission had done as part of the Aesthetics Committee was never addressed or considered when Planning and Zoning Commission July 8,2010 Page 4 reviewing proposed text amendments relating to parking issues. He opined commercial vehicles should include any vehicle which has writing, lettering, logos, or markings. He stressed no commercial vehicles should be permitted in RS-3 District, RS-2 District, RS-1A District, RS-9. District or E District unless a, variance was sought and granted. Chairman Howell closed the Public Hearing regarding File No.Z-75S at 7:50 p.m. Adjournment Motion by Schepler, seconded by Thacker,to adjourn the meeting at 7:50 p.m. Voting Aye: Buhrman, Ekstrom, Howell, Morck, Schepler, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Nadeau. Motion carried 6-0.The meeting was adjourned at 7:50 p.m. Respectfully submitted, Kathleen M. Kunzer, Deputy Clerk City of McHenry LAW OFFICES ZUKOWSKI,ROGERS,FLOOD &McARDLE 50 VIRGINIA STREET CRYSTAL LAKE,ILLINOIS 600i4 (815)459-2050 KELLY A.CARTEL FAX(815)459-9057 www.zrfrnla ..com kcahi 11(@—aftlaw.co ni June 24,2010 Via E-Mail Mr, Douglas Marlin Deputy City Administrator City of McHenry 333 S. Green Street McHenry,Illinois 60050 Re: Commercial Vehicle Regulation in Residential Districts: First Amendment Tissues Dear Doug: In follow-up to the Planning and Zoning meeting, we researched the First Amendment issues involved in any potential regulation of vehicles with commercial writing (a/k/a commercial motor vehicles: CMVs) in residential zoning districts. It is our opinion that the City would be able to limit and/or restrict CMVs with commercial lettering in residential districts as "off premise" sipage. The other issue discussed by the Commission with regard to CMVs in residential districts—whether large CMVs can be regulated or prohibited in residential districts- is a matter of settled law which the City may certainly regulate, and does not pose any constitutional questions Regarding the prohibition of commercial lettering on vehicles, this First Amendment question arose in the context of the Commission's discussion on how to regulate CMVs in residential districts to preserve the residential character of the City's neighborhoods. Commercial speech is protected under the First Amendment so long as it is truthful and not misleading. However, even if truthful,it does not enjoy the same protections as non-commercial speech such as political speech. There are a couple general rules to follow. First, regulations on commercial speech are generally valid if they are reasonable restrictions on the"time, place, and manner" of the message. Second, the regulation will be valid if its goal is a legitimate governmental interest,if it directly advances that interest, and if it goes no further than necessary in accomplishing that objective. Thankfully, a generation of constitutional law on commercial speech has clarified these broad principles in the specific context here: whether commercial signage on vehicles can be regulated in a residential zoning district. This question has been dealt with in the context of"off- premise" advertising and commercial speech; that is, whether suns and commercial speech can be located in zoning districts or lots other than that of the business that they represent. Under the Illinois courts' interpretation of First Amendment law, regulating "off-premise" commercial speech and signs constitutes a valid "time, place, and manner" restriction. National Advertisin-g Zukowski,Rogers, Flood &McArdle Mr. Douglas Martin June 24, 2010 Page 2 Co. v. Village of Downers Grove. 204 Ill.App.3d 499 (2n'Dist. 1990). The U.S. Supreme Court has held that aesthetics are a legitimate governmental interest, that municipalities may prohibit off-premise commercial advertising to directly advance that interest, and that restricting off- premise signs go no further than necessary, since the elimination of each prohibited sign furthers the legitimate interest in aesthetics. Metromedia, Inc. v. City of San Diego,453 U.S. 490 (1981). An outright ban on off-premise signs in residential districts is also permissible even if there are exceptions (for example, real estate "For Sale" signs and those for government speech such as public notices of zoning hearings). Lavey v. City of Two Rivers, 171 F.3d 1110(7" Cir. 1999). Vehicles may be included in the definition of off-premise signs. See Long Island Bd. of. Realtors, Inc. v. Incorporated Village of Massaueaua, 130 F.Supp.2d 369 (E.D.N.Y.,2001). However, the more exceptions that are allowed, the more constitutionally suspect the regulation will then be. Prus v. City of Chicago, 711 F.Supp.469 (N.D.Ill.,1989). Given the volume of case law in support of off-premise sign regulations, we believe that the best way to regulate vehicles with commercial signage in residential districts is to include them in the definition of"off-premise commercial signs" and prohibit off-premise commercial signs in residential districts. Exceptions should be limited to "For Sale" signs and not much more. Trying to specifically regulate vehicles with commercial writing may be too specific (see Marras v. City of'Livonia, 575 F.Supp.2d 807 [E.D.Mich.,2008]), although there is a chance that such regulations would be upheld in Illinois given the Illinois precedents on point. Obviously, whether the Planning & Zoning Commission and ultimately the City Council wishes to make the City's regulations more or less restrictive is a policy decision. The above analysis is meant merely to provide you with the legal parameters of the law on this issue. Please do not hesitate to contact me if you have any questions. Sincerely, Kelly A. Cahill KAC:cw Z;1M\McHenrycityof\LMartin.CMVs I stAmendment.doc , �k'"l�f cy����('r,'1�' ,lei")��\ 4g•�r~� rG4�} riY a � �.}�<vx�3 ,a v ',P�' �.. ,jr'+rtG�'� ��+. 1yri�'};�F1�4�. y ��r Hurl i✓ i�t� �'�` xY'�,1F'(.�r 1�+4'�, ,.Fii e C"' �.xvSrd."�L,-. '.�`i��` h a�F�" � �wrw�a�„�f,�1'+�',r , APPENDIX 1n..i1.,.,r<v..G.u�aS.tMcs.,�w��v. �:�:,�.�9.`...';cn'6�'u �:..- �:�xr. ��'�F St�i,°r . ' z'�.tS:i:"�`3!•..7�:�e�'s.' 'e.uc+i, Dump Body Truck ':. .. .. L. rq� Cam• i Y !'.s t r..rtht ait ,�+rt�v t ("°r.*+'i' •E'.M '' u:✓ � r .1 $��PF'"`� �, `>N �,y - ,�s 4} r x r v x- � ^�"F yi�7'F-^ 4 +�A�.=s�'T+•,3'Q Wks`1 �°/ �,�s� � �,'1 {x r �`1 a r�'�M 3 � 'r r - a �-:.t� e.21v�{-" •k+ rv.'Y- '`i�„e� .�. ' Stake Bed Truck 'age A-16-a APPENDIX RY .��a'n�J`r°"��'Cr3S•`^-yf X' •f•THn7rs[. fir t � 'rh!/r�. 9ny+;Ri'r�F r'?�ri5 1r.Gtt rn r , v/[ 1�C�N 'Y d '1�,a,h �'G fl W � rI1 J.Ni '�!•• h/ r �'YL'�x�yay v�.e. J ,N,-? �+ •uM5',Fu�.j-SM c� r4 �,e,M. „� �41,�hr✓,�,,4r•' �W rw1Z ,d5 Fn�s t tt rr i �j / �'' rr".!` k�tr?f"'�mv". �Ti( ^'"'"FY 1n't- .F� t.4 d Y1y,5rgf°`� a'[' a t v.,. .fx al-� ❑ , s [;.� t Pr5^. �kgy5rf�-c4, �o7ibii.,'Ni"kR +wlrs (�, 5•°,.n x�/�r�� 1 w ..t r�"..J _ / p�'S'"{`•S5,(t{{Sl�r `�° Iq,Sm ��t,. 7 5�' 4a $)�'v''i.krsr'Y' A5 a.u �_. -�'� ( i'•."'�r,�,;. �'4 F-,� w�'�`t'�G°a. 1�'" �S+ h [t5 S >.��! a.cr}r�t�^Y�a��[4); 1'�"p 4 �.••� � w'`7�5r�'� a EEEwww � on v � ,t .:, „ `" '�. `k• Ste„," �" 4 nrk•,,` w 5 � u k4 44 1E ir1l 4 S J'rF�{; [• rx l�' f .� ..w.`'ia�xalrbfl$ct� RT dJs i 5{?i r r 5`. � �,R/ti,AY,^..a•'r ! ai Y9 ivaj{- 'S 4� r � �(.1 "a.1r�8' ri�X..'� ,r,� ..2t'y ^m w ! d ,([[i^"• n [. ,../ ..,!,..,„ .i..0 ..J..,w•a�,z-;;.vS;�hr6aYwrawace.d�rM.snaunv�r�r�w �,<,.r :+�r�s:�;39v'�.u, iv,m�t!._....�,.. .... ,_ Cargo Van 's F C YAC•�d'i.+ *Y y"'��JRu r,[ pia".��{{ Ms-7'"•tt r ''. P,` ri 5" uIr 2 Y'�`r 1'r d `, y+uSWdi�i t a�S+�I r 4/ �'3` y 'l''l nk e,1r„` / aTrJ�[ t 4 x,7Y1�sJ��w1[: s• Jw [. w I� r r'� k/ ... �,.N•+<wl*d.Nw{�!o t NA<'11v.. "'a..a3.mwt 'hy:..yr Y r4Y r� '^�1 C 4`"y A.,�,(d�5 Lgr 5.,.4.\n �,.}- Qt;M,53^t "'•+. � �$SV�.uyti Iw r ��;;,>i5 � I''' 7 Diu 7r ' �s 4 yt.ii Yr l,y �` rp [� .,��•r rTti; ,r: 5 ,�ka�.,,5�ry��w�rr�'S �, y;!�$,�7Wf al{.,SY;".=�, r�^�'f�^'� �.�'�.:k'1 '���Cii y fir,. Cargo Van P aac,k-16-c APPENDIX r �, � � 4.r���� .� rlui.r^•ra�� r7"^�SSr, ,t"`±q r �'a t ,y�'.' �tir4 LYir.d�HA p�} •_1 t r s.t �WIf7 " 4 Nlr-w a`i±e3nHnli' �.• �'1• .M J� y JC \ II � :��' r��t i �' •"� r ... �•Wt� n75�,!t+j Y_ ✓'k av a vr4. i 1 Box Truck/ P�rii �/ Sir�ii Page A-t 6-f APPENDIX ,3^+'y.T.r3h'NTn ,✓(' r�'�.iS�O�C" "i Nei ?'r•.�' w ✓mL^1C rf+.ir�t� �✓pr h/ r h t rf r .f .-Ll7�,Ffl 1 fi/�M1RsI rq T fr� n r ��, a d t G J"+tftJ d r!^r Ilk b<LI�N r r 9 S ry{r/f rgrwoi- ✓ 1k ! ! � f! •7' �lM .",I�,t �`..fs•`.%'�"` '"��9.�atu yN_`.+4'"�"u�a-�['rt� 1��n �cN�tri'�-. a ^-,��^r 'n^}�y�l� � ..�`t"�J�Z+�✓crSY.��"1 r1��i��/i�5rF4�y 1id1�rtS�Y7i{� Y L G'•fy S vt ° !r!r rLi ,,. v, v Lird' r1^ /6 r �ia7 M, r :�E 1 /y ry r tY r� �.'jFt e-7 xrG •wtr` r"�•.!`.aa'� e A a3 -,r��e ��ih'LM "rt �}�..� '�''�.X"4�'' F{I M ,,,nn4 u..7 t �. tr k F �✓�r'7 +fir Af� r ^ L:' * rkij`f,k\-�Rp7.ctkxh7J.rsr kJtt4 r �x f i •s1SJdG[,a}, :,�7�k( y ry ',,{yy' �} f' r'rM7�'"�'l,�n� 1 3rv752 '�r.t3f �/1�{;��/'y'•^ (' OM � 4"" a��•�tl l ,t�'14"i��r e" ,�f �it��„ �r�n�•.�i�`3a ;' 'r� ein Pew/ Step Van zx �� ` r F a - wt r-. kn?fiio7v' y��q �i IX $t't.+y�vn x1e rpxti�• a r: p.:e ��$,,�^.�.., R>tiw�+?i- Pane4 Van.. Page h-16-d APPENDIX r �zy bi}'{rta 5�{ t44 ✓2- eY .,���.( y � �• 'fit t� ,s.• .?. ,, y+" �Sw�'r"ua� 7� a.'�✓$a slA�c�t ,! r� .: '�+,. } '. G,l��,;r}y,(urp'�',. i c p�, P r•+ Y Jru; Cs'+"jad�....�a��N`:;x'�.�'�{.A'j��",'r.r I�N hL'��s�xr��� f��G�iinrk ern,;•.�.:: - / 6iswiPPR@k / Panel Van / Gr''fr/"L„r kJ' H'.�Eft�i�•iGll K=.-�J �T• � F ,4 xr rr:.., r'^R u r a�4ri>'/ k w s� ,�f r a.✓il �^'.Ux Y15r J� �0 ,ll•Iyy.�,�i5`�yt� yk 'M 4 r� S 'r�r� r v'. �w• e�ti+.>, t + y ,ut��f J I r,'. "d�:. .,�•.ea rYa� � �7�hsr.r n r r h-f� �/ �, ✓rn �F 5 n'�i5``N�rr���. . �� lr�' f• + ,its :..saf,, :+ P Gr I � l, � At����,.,t fit. ...e �. �„.r... '�0"" +�4vJ..•.•..Aw� Yakd✓y•vi•" •��1b � h Q^�+u".iaN�:07AM ML..•M%Mdr�> Pf t'„�+.•!2'�.�i �-F,2y�y y� � x a .9t •"'wwly wwR y,•..• ' .xxr LT J�'✓,+T��15 jl ay`d���7�v��J• �..✓7�.��M�� *k`�F� ��Y t 3 M1Ya/•//A f F37 U p/I '4 �F h ✓..JfJ%... �� J�'..•�d�..�iSu.:yf:.v.Y.udlu:FJ3'L�i�;:��i� 3'/.nrdA.�K�.._.d. Baiiismok/ Panel Van / S4piimw Pa-e H-16_P APPENDIX n,s+. �rdc}, {� �`i' s13'__'w� '.,✓ zit}'S:�.H+ ry,; ost`� `4q,>�� 'y9"'�� :7yi•s' H'"'°r'� L �I� .r nrvibOTc�fii� pbr•, d' �" n•'f ��'.x?£ s1f'J^5yyn,f�•-�e; 1Nl. nNN NO '; It'+d rd .J �f 4 1 .,d s� µ t h � �i� 4fr J Sprinter Van ,.t r f / 4. � 1 #e Spt � e Inc #fir ts�a # acc� ,�7 w j �-��'�,�"N �.'> sYv��C„�r Ml���, r� !s ,,,i v,e p.�.r �tM r -�rw F � o '• r'^y�,. LE�.,P: ,r M..�2-vs�r f�^ f¢ d } ,," ^r, �ro',r +i'4 �v. '•,��y—.. a�4Ar �SN,y"�'a?r,� �@ .,emu "�.dT 1 M$�4�+ aus�w,��r .am 4�r• .v7lv"l�y'a7 N7` ']S.ml � 1,,c�S,ih-yNfy{�aim�hlJW i• -�C,'•r4 if�}� u"suR..�.y�v�/�� y 'y � i Sprinter Van Pale A-!6-n w AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin,Deputy City Administrator FOR: September 27,2010 Regular City Council Meeting RE: Advertising Sign for Patriot Estates Cunat Inc.,Applicant ATTACHMENTS: 1. Photo of Sign 2. Letter from Stefanie Spitson dated 8/20/10 Background. A letter was received from Stefanie Spitson of Cunat,Inc.requesting a one-year extension to continue using an existing sign located at the southeast corner of Bull Valley and Crystal Lake Road. The sign was originally approved and installed as part of the Inland Business Park Development. The existing sign consists of(2) 10' x 10' identical signs in a"V"configuration. Staff Analysis. In the past, the City has allowed off-premise advertising signs for residential subdivisions (Boone Creek, Kresswood Trails, and Olde Mill Ponds). Typically, these have been approved on a year-to-year basis, with the applicant appearing before the Council each year to renew the permit. Recommendation. Staff would recommend approval of the requested variance for a period of one year with the condition that the applicant obtain Council approval to renew the sign permit on an annual basis. M 1rt f1t1'S.L 11,d oou; situ ncing. 1E�7f�hbarhvvds thattcfrtg Yaw � � � 7 L.s tates. � I Decorated Models Decorated Models Milo ja.tionlh on Crrslal Lake,I.id. fiQl) Cr't.South on Crpsta! inkc Rai,, . x k .F ,r y �k CM C-1mnt August 30, 2010 City of McHenry Attn: Doug Martin 333 S: Green Street McHenry, Illinois 60050 Re: Request for Extension Dear Doug: Please accept this letter as a request for a one-year extension on the sign located at the corner of Bull Valley Road and Crystal Lake Road in McHenry. This sign is used for advertising the homes located at the Patriot Estates Subdivision. If you have any questions, or if you need any additional information,please feel free to contact me at your earliest convenience. Thank you. Sincerely, CUNAT CONTRACTING, LLC Cal Stefanie S. Spitscn Project Manager S S S/crs cc: Kevin Villont John Cunat File 5u00 W. elm:street Suite- 110 fAc lenry. I nCH1 P- 1"a(. (c l:i) 32 -2069 1 AGEN SUPPL VIEN` ' TO: Mayor and City Council FROM: Douglas Martin,Deputy City Administrator FOR: September 27,2010,Regular City Council Meeting RE: Request for extension to submit Final Plat for Brooke Estates Applicants: Andreas and Deborah Szechowycz . ATTACHMENT: Letter from Andreas and Deborah Szechowycz dated 9/2/10 Background. Brooke Estates, which consists of a 6.46 acre property off of Ridge Road and surrounded to the north, south and east by Deerwood Subdivision,was annexed to the City on September 10, 2007 for the development of six single-family homes zoned RS-1,Low-Density Single-Family Residential. At that time the preliminary plat was approved along with the annexation agreement for the subdivision. The City's Subdivision Control and Development Ordinance states approval of a preliminary plat is effective for a period of 12 months. Prior to the expiration of the twelve months, either a final plat or a letter requesting an extension is required. If neither of these are completed the preliminary plat is considered null and void. As a result of the difficult economic times a final plat has not yet been submitted for Brooke Estates and an additional two-year extension is being requested by the developers. The City Council did authorize a one-year extension last September and also a one-year extension in 2008. Analysis. Due to the uncertainty associated with the state of the economy staff believes that an additional one-year extension is warranted at this time and in a year the request can be revisited. Although an additional extension may be requested next year staff would like to be optimistic in believing the development could proceed next year. Recommendation. To approve a one-year extension for Brooke Estates to submit a final plat for review and approval no later than September 27,2011. September 2, 2010 Mr. Douglas P. Martin Deputy City Administrator City of McHenry 333 South Green Street McHenry Illinois 60050-5495 Subject: Brooke Estates Final Plat and Annexation Fee Reference: City of McHenry Ietter dated August 25, 2010, same subject, from Mr. Martin Dear Mr. Martin: Last September 2009 the City Council granted a one year extension for the final plat submittal for the Brooke Estates Subdivision. At the City Council meeting, we had requested a two year extension due to the national financial and associated financial crisis and corresponding significantly depressed real estate market. The impact on housing sales and duration of the housing market crisis was a common mutual concern between the City Council and us. The housing market situation has since worsened since that City Council meeting with many businesses associated with the real estate market going out of business and the inventory of houses for sale continuing to increase. We believe the housing market woes have not vet hit bottom. Sales of new construction in the area have been slow and difficult. Houses put on the market are with a deep discount and with little movement due to the volume of housing, buyer reluctance, and availability of houses at foreclosure/short sale pricing. We expect this situation to continue at least for the next few years. The housing developments in the area are under stress and many developers and builders have been bankrupted. At this time the risk of moving forward with the Brooke Estates Subdivision is too high. Due to the circumstances and the slow economic recovery, we again request a two year extension. We continue to be highly interested in the Brooke Estates Subdivision and plan on implementing our plans when there is a housing market recovery. We are residing on our property and look forward to an improvement in the market which would make development at Brooke Estates viable. Please call if you have any questions. Sincerely /PCB%L GG 4 Andreas and Deborah Szechowycz 804 North Ridae Road McHenry Illinois 60050 Andre Cell: 630.699.6496---Deb Cell: 630.881.9457 AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Bill Hobson,Assistant City Administrator September 27, 2010 Regular City Council Meeting Park Service/Concession FOR: a water service line to the Petersen RE: Installation of and hydrants in the amount of$6,050. building and two Y Authorization to proceed with the installa in the amount of ion of a service line for RECOMMENDATION: A and two yard hydrants the Petersen Park Service/Concession building $6,050. ions with the residents of Lakewood Subdivision regarding the Background. During discuss a water main to provide service to the city contemplated extending extension of the sewer main, one through the city would have been able to hookup plan had g 3 & 4. Ultimately, the neighborhood as well. If this p provide yard hydrants to water fields 2, the service/concession buildheg vane p service aspect and the option to install hydrants to water the the neighborhood declined possibility of abandoning the fields was no longer viable. Staff has continued to explore the p service for fields 3 hooking up the building to city water ari°alleTlocated line. The current well service and h g ro• d hydrants adjacent to field 2 and centrally project would also include two yar and 4. would require proximately installation would be completed by the water division feet from the hydrant located at the The insta approximately , three days. The service line would run app and hydrants would be installed; corner of McCullom Lake Road and Petersen Park Road; two Y and the well would be abandoned for a total project cost not including the city's labor of$6,050. arks for athletic and special Analysis. The Petersen Park complex e number of people in of the most used, the park, the well cannot keep events. On occasions when there area large conditions. The proposed service demand laced on it by the washrooms and concessions. This usage also prevents up with the de ou s from watering dirt infields during dry and the the city and user gr p greatly improve water available to the concession stand, service building, line wouldg Y water fountain in the park h , ose at Shamrock and Fox Ridge Parks, would also Installation of the yardydrants similar to th gallon tank to water down the fields for CABA eliminate the need to utilize the city's 500 g tournaments and field restoration. The Park Developer Donations Account will be utilized to fund the project.