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HomeMy WebLinkAboutMinutes - 02/15/2016 - City CouncilREGULAR MEETING February 15, 2016 Mayor Low called the regularly scheduled February 15, 2016 meeting of the McHenry City Council to order at 7:00 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer, Curry, Wimmer, Peterson and Condon. Absent: None. Also in attendance: City Administrator Morefield, Deputy City Administrator Hobson, Director of Economic Development Martin, Director of Finance Lynch, Director of Community Development Polerecky, Chief of Police Jones and City Clerk Jones, Absent: Attorney McArdle, Director of Public Works Schmitt and City Engineer Pieper. CITY OF MCHENRY MISSION STATEMENT Mayor Low read aloud the Mission Statement of the City of McHenry. PUBLIC INPUT SESSION No one spoke at the Public Input Session. Mayor Low announced that Item B, the Ordinance authorizing the execution of an Intergovernmental Agreement with City of Woodstock, City of Harvard and McHenry Township Fire Protection District for a Dispatch Center Partnership, is being pulled from the Consent Agenda. Additionally, Mayor Low announced that Item 8 on the Agenda is being pulled for further consideration. CONSENT AGENDA A. Adoption of Fiscal Year 2016/2017 —Fiscal Year 2020/2021 Capital Improvements Program; B. Ordinance authorizing the Mayor'stock, City of s execution of an Intergovernmental Agreement with City of Wood Harvard and McHenry Township Fire Protection District for a Dispatch Center Partnership; C. Ordinance Reserving Volume Cap in Connection with Private Activity Bon issues and Related Matters relative to K&L Equity, LLC/Fabrik Industries, Inc.; D. Ordinance Authorizing the sale of public property owned by the City of McHenry through Clinton Auto Auction; E. Renewal of agreement with D's Marine Service, Inc., for lease of City property located at 3302 W. Waukegan Road for a one-year term expiring 2/28/17, with an option for one additional year; F. Request from Letizia Financial Group for a Special Use and Temporary Sign Permits and waiver of associated fees for the annual Back to Family Outdoor Movie Night in Veterans Memorial Park on September 9, September 26 and September 23, 2016; G. Request from Letizia Financial Group for a Special Use and Temporary Sign Permits and waiver of associated fees for the annual Green Street Cruise Night on Monday evenings from May 23, 2016 through September 26, 2016, from 6:00 pm to 8:30 pm; H. 14`h Annual Kiwanis Soap Box Derby, June 11, 2016, Practice Run, June 4, 2016; Use of City Support Services, intermittent closure of certain portions of Waukegan and Green Streets; and waiver of associated fees; I. Special Use/Park Picnic Permits; J. January 4, 2016 City Council meeting minutes; K. As Need Checks, in the amount of $13,685.82, and L. List of Bills, in the amount of $597,302,70. Regular Meeting Page 2 February 15, 2016 Motion by Wimmer, second by Schaefer, approving the Consent Agenda, as amended, with the removal of Item B. Alderman Santi requested that Item A on the Consent Agenda be pulled and voted on as a separate item. Alderman Wimmer and Alderman Schaefer agreed to amend their Motion. Motion by Wimmer, second by Schaefer, approving the Consent Agenda, as amended, with the removal of Item B and Item A voted on separately. Voting Aye: Santi, Glab, Curry, Schaefer, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Responding to Alderman Santi's inquiry regarding the amount of funds allocated to the Street Program, City Administrator Morefield stated that the Public Works Committee looked at groupings of $1 million. Should additional funds be available the number would be adjusted to commit additional funds to local street repairs. Alderman Santi informed Council that he was in attendance at the Public Works Committee during discussions regarding the Streets Program and it was his impression that additional funds were available to provide additional amounts to the Streets Program. If the money is available, Alderman Santi opined it is essential that local streets/roads be repaired. City Administrator Morefield informed Council that discussions have taken place regarding additional funds, however the proposed projects have been estimated conservatively. Alderman Glab opined that the Streets Program should be a priority. He stated he would like to see the budget for the Street Program at a higher number. Responding to an inquiry from Alderman Curry regarding whether the CIP, if approved, in draft is considered final, Mayor Low stated that the Capital Improvements Program (CIP) is not a budget but a guide. Alderman Curry stated he would like to see "actual" numbers inserted into the CIP, rather than draft figures. Alderman Curry also noted that while drainage issues are significant problems in some subdivisions, nothing is in the CIP until 2021 to address those Issues. Alderman Condon stated she believes the CIP is a guideline for budget discussions, not a specific commitment of funds. Alderman Condon opined that she, also, would like to see increased funding for the Streets Program. Regular Meeting Page 3 February 15, 2016 Motion by Condon, second by Santi, approving the Consent Agenda, Item A, adopting the Fiscal Year 2016-2017 — Fiscal Year 2020/2021 Capital Improvement Program. Voting Aye: Santl, Schaefer, Wimmer, Peterson, Condon. Voting Nay: Glab, Curry. Absent: None. Motion carried. MOTION TO APPROVE A RESOLUTION ESTABLISHING AN HONORARY STREET SIGN DEDICATION FOR THE INTERSECTION OF JOHN STREET AND CENTER STREET AS HONORARY ROSE ANN GUERIN WALSH WAY Director of Public Works Schmitt informed Council that an honorary street sign application was submitted for Rose Ann Guerin Walsh by her daughter, Judy Walsh Smith. The honorary street sign is proposed at the intersection of John Street and Center Street, as Mr. and Mrs. Walsh moved to Center Street in the 1940's and raised their family at the residence at that location. Mrs. Walsh was the first home visiting nurse in the City of McHenry. She would often snowplow her way to the homes of patients in her care. Mrs. Walsh worked at the McHenry Medical Center, cooking and delivering food to people in need through Meals on Wheels. She read to the blind, was involved in the petition to construct Edgebrook School, worked at the children's summer camp at Pistakee Bay and served on the Boards of Family Service of McHenry and Lake County. Mayor Low stated this is a nice tribute to someone who dedicated their life to the community. Motion by Curry, second by Glab, approving the Resolution establishing an Honorary Street Sign Dedication for the intersection of John Street Cl"d Center Street as Honorary Rose Ann Guerin Walsh Way Voting Aye: Santi, Glab, Curry, Schaefer, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MOTION TO APPROVE AN APPLICATION FOR A CLASS A LIQUOR LICENSE FROM VENDS, INC. DDf B/A MY PLACE BAR &GRILL LOCATED AT 4621 WEST ELM STREET AND AN ORDINANCE INCREASING THE NUMBER OF CLASS A LICENSES IN EFFECT FROM 23 TO 24 City Administrator Morefield informed Council that Mr. Vinod Mangukiya, President of Venus, Inc., has purchased the former Fox Garden Cafe building located at 4621 West Elm Street. Mr. Mangukiya intends to open a restaurant called My Place Bar & Grill. Mr. Mangukiya Regular Meeting Page 4 February 15, 2016 has owned and operated a restaurant bearing the same name in Rockford, Illinois successfully for the past eight years. My Place Bar & Grill will offer alcohol with bar and table service and a full menu. My Place Bar & Grill will have video gaming. It is Mr. IVlangukiya's intention to open the business in April 2016, following the completion of renovations. The restaurant will be open seven days a week beginning at 11:00 am; closing Sunday through Thursday at 1:00 am and Friday and Saturday at 2:00 am. City Administrator Morefield informed Council that Mr. Mangukiya's prints are on file with the McHenry Police, all required paperwork has been submitted and all fees have been paid. Mr. Mangukiya is BASSET certified. Mayor Low informed Council that she has met with Mr. Mangukiya and was impressed with his knowledge of the business. She stated that she is pleased to see the building occupied again. Motion by Curry, second by Wimmer, as presented: • granting a Class A liquor license to Venus, Inc. d/b/a My Place Bar & Grill, with the condition that all employees involved in the retail sale of alcohol obtain Beverage Alcohol Sellers and Servers Education and Training (BASSET) certification; and • approving the Ordinance amending the Municipal Code Chapter 4, Sec. 4-6(1), increasing the number of Class A liquor license in effect from 23 to 24 Voting Aye: Santi, Glab, Curry, Schaefer, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MOTION TO APPROVE A BUDGET AMENDMENT IN THE_AMOUNT OF $138,500 FROM THE GENERAL FUND BALANCE TO THE CAPITAL IMPROVEMENT PROGRAM FOR THE PURPOSE OF RETAINING CONSTRUCTION DESIGN SERVICES FOR THE RELOCATION OF THE POLICE ADMINISTRATION AND EXPANSION OF DISPATCH SERVICES; AND (2) A MOTION TO APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH FGM ARCHITECTS IN THE AMOUNT OF $115,000 FOR DESIGN AND CONSTRUCTION OF THE POLICE DEPARTMENT 911 CENTER & ADMINISTRATIVE SPACES; AND (3) APPROVAL OF TWO (2) ADDITIONAL, NOT TO EXCEED AMOUNTS; ONE FOR $18,000 FOR THE SELECTION AND PROCUREMENT OF FURNITURE AND THE SECOND FOR $5,500 FOR AUDIO=VISUAL CONSULTING SERVICES RELATED TO SAID IMPROVEMENTS Mayor Low reiterated that Item 8 has been pulled from the Agenda, as further information is required. Regular Meeting Page 5 February 15, 2016 MOTION TO APPROVE A USE VARIANCE TO ALLOW A FINANCIAL INSTITUTION run THE PROPERTY LOCATED AT 4405 WEST ELM STREET Director of Economic Development Martin informed Council that the property was originally developed with a one-story, single-family brick residence and a two car garage. In 1995 the garage was demolished and subsequently, utilizing some of the existing walls of the former home, the property was renovated and a commercial restaurant building was constructed. In April 1996, Bernie's Garage and Diner opened its doors. In 1997, a Conditional Use Permit to allow a restaurant serving alcoholic beverages, without live entertainment or dancing, was approved by Council. Since Bernie's Garage and Diner a few restaurants have opened at the site. Most recently Hotdogs N' More closed its doors in early 2013, Currently, the subject property contains a one-story frame building, which is approximately 2,800 total square feet and has approximately 43 parking spaces. In 2013, Titlemax applied for a Use Variance to allow a financial institution on the subject property. Staff recommended denial of the requested Use Variance in 2013. The Planning and Zoning Commission recommended approval and the Council did not approve the Use Variance, Director Martin reiterated that following denial of the Use Variance, Titlemax initiated litigation against the City of McHenry as a result. After several months the lawsuit was withdrawn. The applicant is requesting a Use Variance to open a financial institution, which would consist of a currency exchange and consumer installment loan business on the subject property. Currently, the aforementioned financial institution is being operated at 4213 W. Elm Street to the east of the subject property. Director Martin informed Council that in 2013 when Staff recommended denial of a requested Use Variance, Staff did not believe a hardship existed at the subject property to justify the proposed land use and was not convinced the property could not develop a reasonable return if restricted to other land uses in the G5 Zoning District. At that time, the subject property has been vacant for less than one year. Director Martin informed Council that since 2013, Staff has received only a couple of inquiries for tenancy at 4405 W. Elm, however, nothing has generated substantial movement towards occupancy of the property. The property at 4405 W. Elm has remained vacant for over three years. Director Martin noted that the owner of the property has completed improvements to the property, including reroofing the structure in 2015. Staff believes there are practical difficulties associated with the subject property and that the property cannot yield a reasonable return without the zoning relief requested by the applicant. Staff has ascertained that there exists unique circumstances which are adversely impacting the viability of the site. Staff does not believe the proposed use would alter the Regular Meeting Page 6 February 15, 2016 character of the area as there are financial institutions in close proximity. Economic conditions are currently dynamic and, as previously explained, properties in close proximity of the subject property are being developed and redeveloped, while the subject property has remained stagnant for three years. Staff supports the requested Use Variance, as proposed. Director Martin reiterated to Council that this is a relocation of a current business rather than a new establishment. The Planning and Zoning Commission unanimously recommended approval by a vote of (7-0) of the requested Use Variance and any other variances required effectuating the aforementioned request to allow a financial institution at the property located at 4405 W. Elm Street, McHenry, Illinois. Alderman Curry requested clarification regarding the hardship experienced by the owner of the property that merits the Use Variance. Director Martin provided clarification. Alderman Glab opined that the subject property should remain food oriented. Mayor Low stated that the property owner, over the last three years that the property has been vacant, has worked diligently to market the property as a food vendor. The efforts have not come to fruition. Mayor Low opined that sometimes a property needs to be looked at from a different perspective. Motion by Schaefer, second by Wimmer, approving the Ordinance authorizing a Use Variance to allow a financial institution at 4405 Street, as presented. Voting Aye: Santi, Schaefer, Wimmer, Peterson, Condon. Voting Nay: Glab, Curry. Absent: None. Motion carried. MOTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW AN OPEN SALES LOT AND VARIANCE FROM OFF-STREET PARKING &LOADING REQUIREMENTS FOR THE PROPERTY LOCATED AT 1112 N. FRONT STREET Director of Economic Development informed Council that the owner of Next Auto Sales, Mr. Randy Jeske, in 2013 was granted a Conditional Use Permit by Council to allow an open sales lot at 3706 W. Elm. Mr. Jeske has been very successful selling vehicles at the 3706 W. Elm location and consequently required additional space for the business. Mr. Jeske has recently moved his business to the property located at 1112 N. Front Street (formerly Overton Cadillac),which exceeds 10,000 square feet and is a significant increase in lot and building size form his previous location. Mr. Jeske is seeking a Conditional Use Permit to allow an open sales lot for the leasing and sale of cars and small trucks, in conjunction with his indoor showroom at the location at Regular Meeting Page 7 February 15, 2016 1112 N. Front Street in addition to a Variance from the parking and loading requirements at 1112 N. Front Street, Director Martin reminded Council that Mr. Jeske was scheduled to appear before the Planning and Zoning Commission on December 16, 2015, however, his notice was not published in the newspaper and the matter was continued until January 20, 2016. The applicant, Mr. Jeske, was granted a Temporary Use Permit by the City Council on December 21, 2015 to allow the outdoor display of vehicles through February 29, 2016. The Planning and Zoning Commission unanimously recommended approval by a vote of (7-0) of the requested Conditional Use Permit to allow outdoor display of vehicles, and a Variance from the off-street parking and loading requirements and any variances necessary to effectuate the aforementioned request at 1112 N. Front Street, subject to the following conditions: • Outdoor display of leaking vehicles is prohibited; • Outdoor storage of inoperable vehicles, as defined by City Ordinances is prohibited; • Vehicles for sale should not impede access or circulation and cannot occupy required customer or employee parking spaces; • Vehicles shall not be loaded or unloaded within Front Street rights -of -way and may be loaded and unloaded in the Waukegan Street right-of-way, as needed, but cannot impede vehicular traffic; • All vehicles for display must be located on the Subject Property and within City or State right-of-way; • Approval/confirmation from [DOT on the existing access points shall be obtained; • Parking/striping should generally be delineated as depicted on the site plan attached with employee parking to the east of the building and customer -only parking immediately south and adjacent to the building; • Light trespass to the north, south and east from the subject property shall be prohibited and any after -hour security lighting shall be minimal or controlled by motion sensors. All lighting shall be shielded directly onto the lot, away from adjacent residential areas to the north, east and south; • Towing of vehicles shall only be permitted to bring vehicles to and from the site and not as a primary function of the business operation of selling vehicles; • Vehicles displayed shall be kept in an orderly manner, • Use of pennant, streamers, etc., on vehicles being displayed or on the building/site is prohibited, unless a Variance from the Sign Ordinance is approved by the City Council; • There shall be no outdoor music or entertainment of any kind, without the applicant applying for a Temporary Use Permit; and • All new lighting standards and any other improvements not specifically addressed herein on the Subject Property shall comply with all applicable City Ordinances, including complying with minimum parking lot lighting requirements. Motion by Glab, second by Santi, approving the Ordinance, as presented, authorizing a Conditional Use Permit to allow an open sales lot; and a Variance from the off-street parking and loading requirements subject to the following conditions: Regular Meeting Page 8 February 15, 2016 • Outdoor display of leaking vehicles is prohibited; • Outdoor storage of inoperable vehicles, as defined by City Ordinances is prohibited; • Vehicles for sale should not impede access or circulation and cannot occupy required customer or employee parking spaces; • Vehicles shall not be loaded or unloaded within Front Street rights -of -way and may be loaded and unloaded in the Waukegan Street right-of-way, as needed, but cannot impede vehicular traffic; • All vehicles for display must be located on the Subject Property and within City or State right-of-way; • Approval/confirmation from IDOT on the existing access points shall be obtained; • Parking/striping should generally be delineated as depicted on the site plan attached with employee parking to the east of the building and customer -only parking immediately south and adjacent to the building; • Light trespass to the north, south and east from the subject property shall be prohibited and any after -hour security lighting shall be minimal or controlled by motion sensors. All lighting shall be shielded directly onto the lot, away from adjacent residential areas to the north, east and south; • Towing of vehicles shall only be permitted to bring vehicles to and from the site and not as a primary function of the business operation of selling vehicles; • Vehicles displayed shall be kept in an orderly manner; • Use of pennant, streamers, etc., on vehicles being displayed or on the building/site is prohibited, unless a Variance from the Sign Ordinance is approved by the City Council; • There shall be no outdoor music or entertainment of any kind, without the applicant applying for a Temporary Use Permit; and • All new lighting standards and any other improvements not specifically addressed herein on the Subject Property shall comply with all applicable City Ordinances, including complying with minimum parking lot lighting requirements. Voting Aye: Santi, Glab, Curry, Schaefer, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MOTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW MOTOR VEHICLE, TRAILER REPAIR BODY SHOP AND OUTDOOR STORAGE AS A PRINCIPAL USE FOR THE PROPERTY LOCATED AT 908 FRONT STREET Director of Economic Development Martin informed Council that the building at 908 N. Front Street is approximately 15,308 square feet. The front 3,700 square feet of the building is currently in use as a taekwondo/fitness facility (Unit A). In 2007 a Conditional Use Permit was approved to allow outdoor storage of vehicles in accordance with an automobile repair facility in Unit D, but the business never came to fruition and the Conditional Use Permit expired in a 90-day period. In 2012, Council approved a Conditional Use Permit for an automobile repair for Unit D. Unit C, immediately to the west of Unit D, is occupied by an HVAC contractor. The Regular Meeting Page 9 February 15, 2016 current applicant is seeking to occupy Unit B, immediately adjacent to and east of Unit A, and is requesting a Conditional Use Permit to allow motor vehicle and trailer repair and motor vehicle body shop and an open sales lot (repair and body work, including rebuilding and restoration, as well as an outside display and sales area, primarily of motorcycles and appurtenances). The proposed business is very similar to the former Northwest Cycle business at this location. The applicant restores motorcycles and will repair, sell parts and display motorcycles primarily inside, but may display some outside and then bring them in at night. Additionally, the applicant is seeking a Conditional Use Permit to allow outdoor storage, as a principal use for the rental of U-Haul type vehicles and trailers. U-Haul truck rental is an additional business, whereby U-Haul permits companies to rent U-Haul vehicles and trailers as satellite operations. Director Martin stated that the building at 908 Front Street is unique in that it is divided into four units similar to a shopping center, however, only Unit A is visible from Front Street. Each business functions independently of the others. The fitness business in the front of the building provides a good visual appearance and the existing HVAC contractor's office and automobile repair have no frontage, but function well due to the nature of those businesses in the respective units. The automobile repair business utilizes a fenced -in area east of the building for vehicle storage. Director Martin informed Council that according to the Zoning Ordinance, the motor vehicle repair business (Unit D) requires 7 parking spaces. The HVAC office (Unit C) requires 8 spaces, the fitness center (Unit A) requires 14 spaces and the proposed motorcycle/vehicle sales and repair (Unit B) requires approximately 11 parking spaces. Therefore, 40 spaces total are required. Approximately 24 striped parking spaces exist on the subject property west and north of the building, however, there is additional room to the north for expanding the parking lot. Staff has met with the applicant and is recommending the angled parking spaces depicted adjacent to Front Street be removed, as there is insufficient aisle width at the location to meet the dimensional requirements in the Zoning Ordinance. As a condition to approval, the applicant will be required to restripe the parking lot to ensure adequate parking is provided for Units A, B and C. Staff supports the U-Haul trailer and truck rental, however, Staff is recommending the total number of trailers and trucks not exceed a total of ten (trucks, trailers or a combination thereof) at any one time on the subject property. The applicant has depicted truck stacking areas on the north side of the building adjacent to Unit B, and there is additional space for trucks/trailers on the south side of the building, as there are no exterior doors and the trucks can be aligned in tandem. When the lot is restriped, the truck and trailer areas will also be required to be striped to ensure adequate parking exists for Units A, B and C. The Planning and Zoning Commission unanimously recommended approval by a vote of Regular Meeting Page 10 February 15, 2016 Responding to an inquiry from Council, Director of Economic Development Martin informed Council that the applicant is familiar with U-Haul rental procedures. Motion by Santi, second by Curry, approving the Ordinance authorizing a Conditional Use Permit, as presented, to allow motor vehicle and trailer repair and motor vehicle body shop and an open sales lot (repair and body work, including rebuilding and restoration, as well as outside display and sale primarily of motorcycles and appurtenances) and a Conditional Use Permit to allow outdoor storage as a principal use (for the rental of U-Haul type vehicles and equipment) and any other Variances required to effectuate the aforementioned request at 908 N. Front Street, subject to the following conditions: • Outdoor storage of inoperable vehicles, as defined in the City's Municipal Code is prohibited; • All vehicles which may potentially leak automobile fluid shall be stored inside only; • Outdoor storage of U-Haul trucks and trailers shall not exceed a total of ten at any one time on the subject property; • Applicant shall restripe parking for Units A, B and C, as well as U-Haul truck and trailer storage areas, no later than June 30, 2016; • Outside display of merchandise cannot occupy any required off-street parking spaces; and • All motorcycle/vehicle repair and/or body work shall be limited to the interior of the building. Voting Aye: Santi, Glab, Curry, Schaefer, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MOTION TO APPROVE A USE VARIANCE TO ALLOW MOTOR VEHICLES, TRAILER REPAIR, BODY SHOP AND OUTDOOR STORAGE FOR THE PROPERTY_LOCATED AT 1401 NORTH DRIVE Director of Economic Development Martin informed Council that in 2011 Best Way in j Towing was granted a Conditional Use Permit to allow outdoor storage conunction with a towing operation at 1319 North Drive, immediately south of the subject property. Since that time another towing company operation has moved into the building and utilizes the property for the same purpose. The subject property is located within an older industrial area which, on the west of North Drive is historically been and remains to be industrial in nature. North drive provides a distinct physical boundary between the industrial uses on the west and the residential area to the east. The proposed use is consistent with the trend of development on the west side of North Drive. Advanced Fleet Repair would be a new addition to the City of McHenry, but has existed as a business for over two decades. Advanced Fleet Repair has a customer base in the City of McHenry. Staff believes this is an appropriate use for the site. Regular Meeting Page 11 February 15, 2016 Director Martin informed Council that the Planning and Zoning Commission unanimously recommended approval, by a vote of (7-0) of the requested Use Variance to allow a motor vehicle and trailer repair and body shop, as well as outdoor storage in conjunction with a motor vehicle and trailer repair and body shop at the property located at 1401 North Drive, and any other variances required to effectuate the aforementioned request, with the following conditions; • The property shall be cleared of any miscellaneous debris; • There shall be no storage of anything other than vehicles, which are directly tied to the business, on the property (those associated directly with the business and those being repaired); • The outdoor storage area shall remain inaccessible to the general public and maintained so grass/weeds are not growing on unpaved areas, and vehicles are stored in an orderly manner; • All inoperable vehicles, as well as vehicles which may potentially leak automobile fluids, shall be stored inside only; • Minimal security lighting shall be maintained to the west of the building, within the storage area; • There shall be no light trespass to the residential area to the east; • All repair work shall be completed inside the buildings and • Vehicle storage shall be located to the west of the building and enclosed within a fenced -in area. Responding to Alderman Schaefer's inquiry regarding the hours of operation, the applicant informed Council that normal business hours would be 7:30 am to 5:00 pm. Motion by Curry, second by Peterson, approving the Ordinance authorizing a Use Variance to allow a motor vehicle and trailer repair and body shop, as well as outdoor storage in conjunction with a motor vehicle and trailer repair and body shop, at the property located at 1401 North drive, subject to the following conditions: • The property shall be cleared of any miscellaneous debris; • There shall be no storage of anything other than vehicles, which are directly tied to the business, on the property (those associated directly with the business and those being repaired); • The outdoor storage area shall remain inaccessible to the general public and maintained so grass/weeds are not growing on unpaved areas, and vehicles are stored in an orderly manner; • All inoperable vehicles, as well as vehicles which may potentially leak automobile fluids, shall be stored inside only; • Minimal security lighting shall be maintained to the west of the building, within the storage area; • There shall be no light trespass to the residential area to the east; 0 All repair work shall be completed inside the building; and Regular Meeting Page 12 February 15, 2016 • Vehicle storage shall be located to the west of the building and enclosed within a fenced -in area. Voting Aye: Santi, Glab, Curry, Schaefer, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MOTION TO APPROVE THE CURRAN ROAD/BULL VALLEY ROAD IMPROVEMENTS CONSTRUCTION ENGINEERING SERVICES AGREEMENT FOR FEDERAL PARTICIPATION WITH HR GREEN, INC., FOR AN AMOUNT NOT TO EXCEED $119,832.94; LOCAL AGENCY AGREEMENT FOR FEDERAL PARTICIPATION; AND RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF MCHENRY AND THE STATE OF ILLINOIS APPROPRIATING FUNDS FOR THE BULL VALLEY ROAD ROADWAY IMPROVEMENT PROJECT Director of Public Works Schmitt reiterated to Council that at the September 14, 2015 Council meeting, Council authorized an agreement with HR Green for Phase II engineering for the improvements to Curran Road/Bull Valley Road. The proposed improvements consist of signalized intersection with capacity improvements, widening, hot -asphalt resurfacing with binder course and surface course, aggregate shoulders, pavement patching, minor drainage improvements and new pavement markings. The McHenry County Council of Mayors awarded up to $1,280,000 of Surface Transportation Program (STP) funds for Bull Valley Road/Curran Road Improvements. STP funding will pay for up to 80% of the total cost of construction and Phase III engineering with a local match requirement of 20%. The City was responsible for 100% of the cost of Phase I and II Engineering. General Fund revenues in the amount of $320,000 will be utilized for the City's cost of the project. HR Green, Inc. has submitted a Construction Engineering Services Agreement using the Illinois Department of Transportation's standard form. The construction engineering scope of work includes project start-up, full time construction observation, pre -construction and construction progress meetings, administration/coordination, material testing and project closeout, in an amount not to exceed $119,832,94, Director Schmitt noted that IDOT has approved the attached Construction Engineering Services Agreement. Director Schmitt informed Council that the project is scheduled for an April 27, 2016 letting by the Illinois Department of Transportation, with an anticipated mid -June, 2016 construction start. Alderman Glab stated that he feels that engineering fees for Phase I and Phase II of the project were excessive and he is unable to support this phase of the project. Motion by Wimmer, second by Condon, approving the Curran Road/Bull Valley Road Improvements Construction Engineering Services Agreement for Federal Participation with HR Green, Inc., in an amount not to exceed $119,832.94; the Local Agency Agreement for Federal Regular Meeting Page 13 February 15, 2016 Participation; and the Resolution approving Intergovernmental Agreement with the State of Illinois and the City of McHenry appropriating funds for the Bull Valley Road Roadway Improvement Project. Voting Aye: Santi, Curry, Schaefer, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. MAYOR'S STATEMENT AND REPORT Mayor Low reminded Council that there are two Committee of the Whole meetings scheduled in the coming weeks: 1. February 22, 2016 at 7:00 pm to discuss Strategic Planning; and 2. February 29, 2016 at 7:00 pm to discuss Engineering Services. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS Alderman Schaefer opined there appear to be a number of political signs in the right-of- way areas. Director of Community Development Polerecky stated that attempts are being made to reach out to the candidate's committee to have the signs removed. Director Polerecky assured Council he would mention at the meeting tomorrow morning and efforts would be increased. Alderman Glab reiterated drainage issues, particularly in Lakeland Park. He stated that he would like to see drainage issues discussed at a special meeting of the Public Works Committee at some point in the near future. EXECUTIVE SESSION Motion by Glab, second by Wimmer, to adjourn to Executive Session, pursuant to 5 ILCS 120(2)(c)(1), to discuss Employment Matters at 8:20 pm. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Motion by Condon, second by Wimmer, to return to Open Session at 8:44 pm. Regular Meeting Page 14 February 15, 2016 Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council returned to Open Session at 8:44 pm. MOTION FOR APPROVAL OF A LABOR AGREEMENT BETWEEN THE ILLINOIS FRATERNAL ORDER OF POLICE LABOR COUNCIL REPRESENTING POLICE OFFICERS (UNIT 1) AND THE CITY OF MCHENRY AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF MCHENRY Motion by Wimmer, second by Condon, approving the Labor Agreement between the Illinois Fraternal Order of Police Labor Council representing Police Officers (Unit 1) and the City of McHenry; and authorizing the Mayor and the City Clerk to execute the Agreement on behalf of the City of McHenry. Voting Aye: Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: Santi, Glab. Absent: None. Motion carried. ADJOURNMENT Motion by Wimmer, second by Peterson, to adjourn the meeting at 8:45 pm. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 8:45 pm. Ma�/or