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HomeMy WebLinkAboutMinutes - 04/15/2013 - City CouncilREGULAR MEETING April 15 2013 Mayor Low called the regularly scheduled April 15 2013 meeting of the McHenry City Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer, Blake, Wimmer and Condon. Absent: Peterson. Also in attendance were City Administrator Morefield, Deputy City Administrator Martin, Assistant City Administrator Hobson, Director of Parks and Recreation Merkel, Director of Public Works Schmitt, Chief of Police Jones, City Attorney McArdle and City Clerk Jones. Mayor Low read aloud, into the record, a Proclamation proclaiming April 26, 2013 Arbor Day in the City of McHenry. PUBLIC INPUT SESSION The resident of 4120 West Crystal Lake Road, Illinois, addressed Council. He mentioned that he has spoken with Alderman Glab and inquired whether funding was available for the re - striping of Crystal Lake Road during the scheduled work. He is hoping the lanes could be re - striped so persons making left hand turns into driveways did not cause a back-up of traffic on Crystal Lake Road. Mayor Low informed him that it is not the practice of Council to respond during the Council meeting on matters arising from the Public Input; however she assured him that his inquiry would be researched and Staff would contact him to answer his questions. CONSENT AGENDA A. Nicolino's Trackside, 621 Ridgeview Drive, McHenry, IL, request for a temporary use permit for an outdoor event on May 4, 2013, with a tent and portable toilets; B. Nicolino's Trackside, 621 Ridgeview Drive, McHenry, IL, request for a special event liquor license to serve alcoholic beverages outside in conjunction with a Kentucky Derby special event, from 11:00 am to 12:00 am, May 4, 2012; C. Authorization to accept the proposal from Charles Copley Roofing, Inc., for an estimated amount of $4,350 for the replacement of the clubhouse roof at Riviera Marina; D. Special Use/Picnic Permits; E. March 4, 2013 City Council meeting minutes; F. As Needed Checks; and ARAMARK 314.91 BLUE CROSS BLUE SHIELD 0 123,232.19 COMCAST CABLE 341.12 COMED 711.02 EMBASSY SUITES NASHVILLE 279.30 FOP UNITS I/II 2,021.00 HOME DEPOT CREDIT SERVIC 4,626.77 IUOE, LOCAL 150 3,582.45 MCHENRY POLICE OFFICER'S 945.00 MIDWEST OPERATING ENGINE 47,674.00 NATIONAL GUARDIAN LIFE I 42.33 NCPERS GROUP LIFE INS. 224.00 POSTMASTER MCHENRY IL 3,080.41 SAM'S CLUB 41.60 STANS FINANCIAL SERVICES 135.00 Regular Meeting Page 2 April 15 2013 UNITED PARCEL SERVICE 95.68 UNITED WAY OF MCHENRY CO 290.32 VERIZON WIRELESS 43.82 GRAND TOTALS 187,680.92 FUND TOTALS GENERAL FUND 62,636.62 WATER/SEWER FUND 1,470.99 EMPLOYEE INSURANCE FUND 123,232.19 INFORMATION TECHNOLOGY FUND 341.12 TOTAL 187,680.92 G. List of Bills: ACE HARDWARE, BJORKMAN'S 2,408.29 ADAMS AUTO BODY 720.55 ADAMS ENTERPRISES INC, R 334.51 ADAMS STEEL SERVICE INC 861.66 ANDERSON, KRISTI 30.00 ARAMARK 302.37 ARTISAN DESIGNS 540.00 AT&T 96.50 B&W CONTROL SYSTEMS INTE 1,977.50 BANK OF NEW YORK MELLON, 678.00 BANKCARD PROCESSING CENT 3,639.19 BARTOS, DONNA 178.75 BAXTER & WOODMAN 765.55 BEHRNS, LESLIE 1,075.00 BOTTS WELDING & TRUCK SE 69.24 BURRAFATO, SAM 257.94 BUSS FORD SALES 38.10 CALABRESE, TARA 219.38 CARNEY AND COMPANY INC 270.00 CARQUEST AUTO PARTS STOR 71.56 CARTOM UNITED LLC 30.00 CDW GOVERNMENT INC 218.89 CENTEGRA OCCUPATIONAL HE 68.60 CHAPMAN AND CUTLER 12,000.00 CHICAGO CHAIN & TRANSMIS 402.12 CHICAGO INTERNATIONAL TR 634.71 CINTAS CORPORATION #355 396.64 COLORADO TIME SYSTEMS IN 380.00 COLUMBIA PIPE & SUPPLY C 766.93 COMCAST CABLE 187.23 COMED 25,159.53 CONNOR CO 73.85 CONSTELLATION NEWENERGY 34,103.99 COUNTY CLERKS OFFICE 10.00 COX, LAURA 135.00 CRESCENT ELECTRIC SUPPLY 49.70 CURRAN CONTRACTING COMPA 4,582.08 D'ANGELO NATURAL SPRING 31.00 DREISILKER ELECTRIC MOTO 256.54 DUCAK, JASON 31.96 DURA WAX COMPANY INC, TH 651.86 ED'S AUTOMOTIVE/JIM'S MU 220.50 ED'S RENTAL & SALES INC 210.00 ENVIRONMENTAL AQUATIC MG 2,109.50 ENVIRONMENTAL RESOURCE A 756.72 ERB, STEPHANIE 55.99 FAST EDDIES CAR WASH 231.75 FIORE, CLARISSA 147.00 FIRST UNITED METHODIST C 30.00 FLESCH COMPANY INC, GORD 102.69 FOERSTER, JEFFERY S 37.66 FOX VALLEY FIRE & SAFETY 90.00 FOXCROFT MEADOWS INC 178.00 Regular Meeting Page 3 April 15 2013 FUTURE LINK OF ILLINOIS 6,615.00 G IMPRESSIONS INC 56.00 GALLS LLC 114.96 GANDOR, MARK 30.35 GERBER COLLISION & GLASS 200.96 GRAINGER 103.95 GREAT LAKES FIRE & SAFET 263.50 GREVE, CLINT 218.50 HARM'S FARM 4,095.00 HARRIS, JAMES 96.00 HAWKINS INC 6,926.21 HEADLEY, JEAN 180.00 HOMESTEAD ELECTRICAL CON 3,385.00 HRGREEN 11,230.95 ILLINOIS AUDIO PRODUCTIO 135.00 ILLINOIS DEPT OF AGRICUL 30.00 IRISH PRAIRIE RECREATION 1,225.00 J G UNIFORMS INC 1,572.00 JENSEN, LEN 423.70 JOHNSON, SEAN 6.42 KENO & SONS CONSTRUCTION 39,266.10 KIMBALL MIDWEST 589.72 LAI LTD 2,127.20 LAMZ, TYLER 264.54 LEACH ENTERPRISES INC 8.66 LEXISNEXIS 118.50 LISS, NEVA 292.50 LUNKENHEIMER, JOHN 475.00 LUNKENHEIMER, PATTIE 184.00 LUNSMANN, JOAN 16.04 MACE, DOUG 195.91 MCANDREWS PC, THE LAW OF 6,800.00 MCAULIFF & SEMROW PC 712.50 MCCANN INDUSTRIES INC 119.06 MCH COUNTY DEPT OF HEALT 800.00 MCHENRY ANALYTICAL WATER 285.00 MCHENRY COUNTY CHIEFS OF 45.00 MCHENRY COUNTY RECORDER 1,943.00 MCHENRY FIRESTONE 1,574.26 MCHENRY POWER EQUIPMENT 21.00 MERKEL, PETE 35.00 METRA 985.19 MID AMERICAN WATER OF WA 28.50 MIDWEST HOSE AND FITTING 11.50 MINUTEMAN PRESS OF MCH 540.05 MOLNAR, JAMES 187.84 MORITZ, SHERRIE 108.36 MORRIS, MATT 38.16 NAPA AUTO PARTS MPEC 2,415.91 NICOR GAS 1,365.86 O'BRIEN, CHRISTINA 8.00 O'NEILL, KITTY 139.00 OTTOSEN BRITZ KELLY COOP 273.00 PEPSI BEVERAGE COMPANY 289.35 PETROLIANCE LLC 25,215.34 PETTIBONE & CO, P F 1,674.30 RED HORSE INC 900.00 REINDERS INC 465.24 RELIABLE OFFICE SUPPLIES 301.83 RELIABLE SAND & GRAVEL 293.54 RIVERSIDE BAKE SHOP 14.16 RNOW INC 162.29 RUN YOUR LIFE INC 1,173.40 RUZICKA, RUSSELL 342.72 SAFE KIDS WORLDWIDE 75.00 SCHEEL, BRYAN 123.95 SCHMITT, JON 342.72 SCHWALENBERG, RYAN 15.00 SCIAME, RYAN 323.89 SECRETARY OF STATE 101.00 Regular Meeting Page 4 April 15 2013 SECRETARY OF STATE/INDEX 10.00 SEWER EQUIPMENT CO OF AM 330.24 SHAW MEDIA 85.30 SIRCHIE FINGER PRINT LAB 49.16 SIUE 15.00 ST PAULS EPISCOPAL CHURC 190.80 STAN'S FINANCIAL SERVICE 800.00 STANS OFFICE TECHNOLOGIE 518.68 STAPLES ADVANTAGE 410.22 SYNEK, JENNIFER 120.00 SZEWCZYK, DONNA 612.00 TONYAN, LUCY 2,314.80 TRAFFIC CONTROL & PROTEC 3,232.54 TRIKHA, SHEEL K 1,643.00 ULTRA STROBE COMMUNICATI 1,402.80 USA BLUEBOOK 187.70 VACULA, JOHN T 1,100.00 VALENTINES REPAIR 14.03 VANLANDUYT, CHRIS 110.32 VARVIL, MARYBETH 85.00 VERIZON WIRELESS 1,849.66 WASTE MANAGEMENT 5,950.00 WASTE MANAGEMENT OF WI P 9,169.28 WELCH BROS INC 494.00 WILLIAMS, TOM 156.21 WIRCH, STEVE 342.72 WOODWARD PRINTING SERVIC 1,868.00 ZUKOWSKI ROGERS FLOOD & 6,802.50 GRAND TOTALS 269,435.08 FUND TOTALS GENERAL FUND 117,221.47 TIF FUND 262.50 DEBT SERVICE-1997A FUND 10,585.56 CAPITAL IMPROVEMENTS FUND 13,173.39 WATER/SEWER FUND 79,201.79 UTILITY IMPROVEMENTS FUND 39,266.10 RISK MANAGEMENT FUND 720.55 INFORMATION TECHNOLOGY FUND 7,714.72 RETAINED PERSONNEL ESCROW 1,289.00 TOTALS 269,435.08 Motion by Wimmer, seconded by Blake, to approve the Consent Agenda, as presented: Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. RECOMMENDATION OF THE JAYCEES DAYS FIREWORKS COMMITTEE TO ENTER INTO A ONE- YEAR CONTRACT WITH MELROSE PYROTECHNICS, INC., TO PRODUCE THE JULY 6, 2013 FIREWORKS PROGRAM FOR $15,000, WITH A $10,000 CONTRIBUTION FROM THE MCHENRY AREA JAYCEES AND A $5,000 CONTRIBUTION FROM THE CITY OF MCHENRY; AND USE OF PETERSEN PARK, CITY SUPPORT SERVICES AND A WAIVER OF ALL ASSOCIATED FEES. Director of Parks and Recreation Merkel reiterated that each year the City of McHenry partners with the McHenry Area Jaycees to produce the annual Jaycees Day fireworks celebration in Petersen Park. The Jaycees Day fireworks celebration is scheduled to be held on Saturday, July 6, 2013, with a rain date of Sunday, July 7, 2013. Regular Meeting Page 5 April 15 2013 Director Merkel stated that in addition to the fireworks program, the Jaycees are requesting permission to host a local band to perform in the park from 6:00 pm to 9:15 pm. The proposed band has not yet been selected by the Jaycees. Director Merkel indicated that Requests for Qualifications were solicited from five area fireworks companies. Two proposals were received by the deadline of Marcy 22, 2013. Based on qualifications and past performance experience, the Jaycees Committee recommends Melrose Pyrotechnics, Inc. to produce the fireworks display in the amount of $15,000. There is a $6 per car parking fee, which will provide funds for the sound system and background music. The pyrotechnic display will be choreographed to a musical score. As in the past, the Jaycees will donate $10,000 toward the cost of the fireworks contract and the City of McHenry financial contribution will remain $5,000. In addition to financial participation, the City will provide services from Parks and Recreation Department personnel, Public Works personnel and Police Department personnel. Equipment and staff from the McHenry Township Fire Protection District will also assist, as necessary. Alderman Wimmer opined that the partnership has worked well over the years. Motion by Wimmer, seconded by Condon, approving the recommendation of the Jaycees Day Fireworks Committee to enter into a one-year contract with Melrose Pyrotechnics, Inc., to produce the July 6, 2013 fireworks program for $15,000, with a $5,000 financial contribution from the City of McHenry, for City services as needs and waiver of all associated fees. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. REQUEST FOR USE OF PETERSEN PARK AND SPECIAL EVENT LIQUOR LICENSE FOR SALE OF BEER AND WINE FOR MONTINI FAMILY MUSIC FESTIVAL ON SATURDAY, SEPTEMBER 14, 2013, FROM 2:00 PM TO 11:00 PM Assistant City Administrator Hobson informed Council that the Montini Parents Association ("MPA") and Family Music Festival Committee, are requesting the use of Petersen Park for the second annual Montini Music Festival benefitting Montini Catholic Grade School. The event would be held on Saturday, September 14, 2013, from 2:00 pm to 11:00 pm. The MPA is also requesting a special event liquor license for the sale of beer and wine and the use of various municipal services. Assistant City Administrator Hobson reiterated that this request is identical to the event approved last year. The benefit concert will feature food vendors and three local bands. Setup Regular Meeting Page 6 April 15 2013 for the event is similar to other music events held during Fiesta Days with the exception of a mobile entertainment stage that would be brought to the park. An outside contractor selected by the organizing committee will provide the stage and sound system equipment for the bands. The MPA has agreed to pay park use fees, estimated to be $500, and they have agreed to pay additional McHenry Police manpower, estimated at $1,600. Assistant City Administrator Hobson noted that last year no incidents were reported. He informed Council that neither Parks and Recreation Staff nor members of the Policy Department have expressed concerns with this request. Alderman Santi inquired about attendance at the event last year. Assistant City Administrator Hobson stated he does not have the exact figure, but estimates that between 3,000 and 3,500 persons attended the event last year. Motion by Schaefer, seconded by Blake, approving the request for the use of Petersen Park and a Special Event Liquor License for the sale of beer and wine for Montini Family Music Festival on Saturday, September 14, 2013, from 2:00 pm to 11:00 pm, conditioned upon: • A Certificate of Insurance for liquor liability; • Mandatory wrist banding for beer and wine sales; • Alcohol sales and service to cease at 10:45 pm; and • Live music to cease at 11:00 pm. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW A TAVERN WITH ONSITE PROCESSING FOR CHAIN O'LAKES BREWING COMPANY LOCATED AT 3425 PEARL STREET. MCHENRY. IL Deputy City Administrator Martin informed Council that the subject property contains a two-story historic building, dating back to the mid -nineteenth century, which is approximately 3,700 square feet. The property was once home to The McHenry Brewing Company. The applicant, Curtis Ames, is proposing to re-establish a microbrewery on the property. The front atrium off of Pearl Street would be utilized as the brewing area and a first -floor tap room would feature tastings and a bar which patrons can purchase individual glasses of beer to consume on site, as well as growlers to take with them. Growlers are large sealed containers of beer, which can be purchased and taken off -site. Mr. Ames is proposing that the second floor of the building would be used as an office and will not be accessible to the general public. A handicapped ramp will be constructed on the south side of the building. The ramp will also serve as a loading/unloading area as the guardrail will be constructed so it is easily removed. The applicant would like the ability to do some off- Regular Meeting Page 7 April 15 2013 site distribution to area businesses; however this would not be the primary use of the property. There will be no operating kitchen and no regular on -site food preparation on the premises. Deputy City Administrator Martin stated that the property is currently zoned C-4 Downtown Commercial and is surrounded by C-4 zoned properties on the east, west and south sides, and an RS-4 High -Density Single Family zoned neighborhood to the north. The property is also located within the boundaries of the Downtown Overlay District which, in accordance with the zoning ordinance, requires an administrative or an expanded site plan review. This proposal requires an administrative site plan review because the project complies with all the bulk and other regulations in the C-4 district; however a conditional use permit for a tavern with on -site process is also required. Staff believes the proposed use is appropriate for a downtown area and the adaptive re- use of the existing building is an additional benefit. Reviewing the requirements in Table 31 of the zoning ordinance, Staff believes the proposed project will not produce any additional adverse impacts to traffic, the environment, the neighborhood, public service and facilities or public safety and health than would any other permitted use in the C-4 zoning district. Noise and odor associated with the brewing operation will be minimal. Staff is not concerned with these issues. Deputy City Administrator Martin stated the Planning and Zoning Commission unanimously recommended approval of a conditional use permit to allow a tavern with on -site processing on the property located at 3425 W. Pearl Street, McHenry, Illinois, subject to the following conditions: 1. There shall be no on -site food preparation unless the conditional use permit is amended by the City Council; and 2. There shall be no general public access to the second floor of the building. Responding to an inquiry from Alderman Santi regarding whether the existing kitchen on the premises had been removed, Mr. Ames responded that the kitchen has not been removed because he will be utilizing it for brew testing. Alderman Glab inquired about what agency monitors the premises. Deputy City Administrator Martin stated that the business is state licensed and the Department of Health regulates the business. Motion by Schaefer, seconded by Blake, approving the Ordinance granting a conditional use permit to allow a tavern with on -site processing with the following conditions: 3. There shall be no on -site food preparation unless the conditional use permit is amended by the City Council; and 4. There shall be no general public access to the second floor of the building. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Condon. Regular Meeting Page 8 April 15 2013 Voting Nay: None. Absent: Peterson. Motion carried. CONDITIONED UPON APPROVAL OF AGENDA ITEM NO. 8 CITY COUNCIL IS ASKED TO CONSIDER THE REQUEST FROM CHAIN O'LAKES BREWING COMPANY FOR (1) CLASS A-1 LIQUOR LICENSE AUTHORIZING THE SALE AND SERVICE OF BEER AND WINE FOR CONSUMPTION ON PREMISES AND RETAIL SALE OF PACKAGED BEER AND WINE CONDITIONED UPON APPROVAL OF CONDITIONAL USE PERMIT, AND (2) ORDINANCE INCREASING THE NUMBER OF CLASS A-1 LICENSES IN THE CITY FROM ZERO TO ONE City Administrator Morefield informed Council that Curt and Linda Ames, officers of Chain O'Lakes Brewing Company, Inc., have submitted a request for a Class Al liquor license for a new business located at 3425 Pearl Street (formerly the Whale's Tail restaurant). Mr. and Mrs. Ames are proposing to re-establish a microbrewery on the property. The front atrium facing Pearl Street will be used as the brewing area and a first -floor tap room will feature tastings and a bar where patrons can purchase individual glasses of beer to consume on -site, as well as large sealed containers of beer known as "Growlers," which can be purchased and taken off -site. Mr. Ames intends to open for business in late May or June, 2013. A Class Al liquor license authorized the retail sale of beer and wine for consumption on the premises and retail sale of packaged beer and wine. The annual fee for a Class Al license is $1,250. Mayor Low has met with Mr. Ames and he has scheduled an appointment to be fingerprinted by McHenry Police. The fee for the liquor license has been submitted together with all required paperwork. Mayor Low opined she is excited that this is occurring in the building that originally housed The McHenry Brewing Company. Alderman Santi inquired about hours of operation. Mr. Ames stated that he intends to be open from 4:00 pm to 8:00 pm on Wednesday, Thursday and Friday, and from noon until 8:00 pm on Saturday. Motion by Schaefer, seconded by Santi, approving the request from Chain O'Lakes Brewing Company for: • Class A-1 Liquor License authorizing the sale and service of beer and wine for consumption on premises and retail sale of packaged beer and wine, conditioned upon approval of a conditional use permit, and, • an ordinance increasing the number of class A-1 licenses in the city from zero to one. Regular Meeting Page 9 April 15 2013 Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. REQUEST FROM MCHENRY VETERANS OF FOREIGN WARS POST 460 FOR VARIANCES TO TEMPORARY SIGN ORDINANCE AND WAIVER OF $175 PERMIT FEE Deputy City Administrator Martin reiterated to Council that for the last two years the McHenry VFW has received sign variances to post two feather banners at their location, 3002 W. Route 120, McHenry, Illinois, for the entire McHenry Baseball Association season. Together with the variance was included the waiver of the $175 variance fee. Deputy City Administrator Martin informed Council that once again the VFW is requesting a variance to allow the same banners to be posted on the property, adjacent to Route 120, along with a waiver of the variance fee. The banners indicate that the VFW is open to the public and is not a private club. Deputy City Administrator Martin indicated effectuate the request: (1) total number of temporary signs per lot; (2) setback; (3) height; (4) total square footage allowed; and, (5) duration of permit that five variances are required to The sign ordinance allows one feather banner, which does not exceed 32 square feet in area and 10' in height. Additionally, the feather banners are only allowed within five feet of the building on the property and are only permitted to be displayed for a maximum of 30-days. Staff believes the temporary signs are done in good taste and approval is recommended for a waiver of the $175 variance fee and to allow the placement of two 12' temporary feather banners from April 19, 2013 to October 20, 2013, with the following conditions: • Banners are replaced if faded, worn or tattered; • Banners are not to be located in public right-of-way; and • Banners must be removed no later than October 20, 2013; Alderman Santi opined that the VFW takes good care of the grounds surrounding the premises and appear to have taken good care of the banners in the past. He stated that with the setback of the building the banners are a good way for the public to be made aware. Alderman Condon stated that it makes sense that the public needs to know the VFW is open to serve the public. Regular Meeting Page 10 April 15 2013 Motion by Santi, seconded by Blake, approving the variances to the sign ordinance for area, setback, height, number of signs and duration, in addition to waiver of the $175 variance fee for the property located at 3002 W. Route 120, McHenry, Illinois, subject to the following conditions: • Banners are replaced if faded, worn or tattered; • Banners are not to be located in public right-of-way; and • Banners must be removed no later than October 20, 2013; Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. REQUEST FOR VARIANCE TO THE FENCE ORDINANCE FOR THE PROPERTY LOCATED AT 1821 DUNDALK LANE, MCHENRY, IL. Deputy City Administrator Martin informed Council that in 2009, the property owner at 1821 Dundalk Lane, located in the Oaks at Irish Prairie subdivision, erected a fence on the property along the rear and side lot lines only. The owners have now submitted an application to erect a fence along the corner side lot Line. Since that time when the original fence permit was approved, the property owner installed a lawn irrigation system, which runs along the corner side lot line and is within the five-foot fence setback area. The property owner is permitted to erect a fence within five -feet of the corner side lot line; however, they are requesting a one -foot setback variance to place the fence outside of the irrigation system. In accordance with the fence ordinance the applicant has submitted signatures from the abutting property owners. Staff supports the variance. It does not create any line -of -sight issues. The driveway of the property directly to the west of the subject property comes off of Cashel Lane and not Murphy Drive. Staff believes a one -foot setback variance is minimal, but will address the conflict with the irrigation system. Motion by Wimmer, seconded by Condon, approving the one -foot fence setback variance, along the corner side lot line, for the property located at 1821 Dundalk Lane, McHenry, Illinois. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. Regular Meeting Page 11 April 15 2013 COMMUNITY DEVELOPMENT COMMITTEE RECOMMENDATION TO AMEND CHAPTER 7 AND CHAPTER 22 OF THE MUNICIPAL CODE REGULATING SWIMMING POOLS Deputy City Administrator Martin reiterated to Council that the Community Development Committee and the City Council reviewed the City of McHenry Pool Ordinance in 2006. The review, at that time, was done to address the increase in the number of "inflatable" or "temporary" pools that were being erected around the City. At the time, Staff conducted a poll of surrounding municipalities and it was discovered that there was no consistency with any enforcement or regulation of this type of swimming pool. On July 17, 2006, an amendment was passed by Council which clarified the difference between permanent and temporary swimming pools and exempted temporary pools from the regulations in Chapter 22 of the Municipal Code. Deputy City Administrator Martin informed Council that there are currently no building permit or barrier requirements for temporary swimming pools. A temporary or portable pool is defined as being: • erected on a lot for a period lasting not more than six months; • can be readily disassembled for storage; and, • can be easily moved or carried by hand. A permanent swimming pool is defined as: • one that is located on a lot in the same location for more than six months; • does require a permit; • has specific barrier requirements. Staff has recently polled surrounding municipalities and found a number of cities have started to enforce temporary/storable swimming pools. Deputy City Administrator Martin stated that the Community and Economic Development ("CED") Department receives numerous telephone calls from concerned citizens every summer. The main concerns are placement of the storable pools and that no barrier is required around these temporary structures. The City currently enforces the pool ordinance in Chapter 2 of the Municipal Code. The code was created many years ago and does not specifically address swimming pools. Building codes have evolved over the years and now include a section that covers swimming pools. The codes are now much more thorough, effectively regulating pool construction, electrical supply and barrier systems that surround them. The codes are consistently updated to keep up with the change in product available to the consumer. Eliminating Chapter 22 of the Municipal Code (Swimming Pools) and adopting the International Code Council Swimming Pools, Spas and Hot Tubs Ordinance would allow the City to address the safety concerns of citizens and permit a continuously updated code to regulate pool structures. Deputy City Administrator Martin noted that all permanent pools currently require a permit and are inspected for compliance. Regular Meeting Page 12 April 15 2013 Staff recommends an annual permit be required for a portable pool, together with a one-time fee of $30. Staff believes by instituting a permit and fee the CED Department would be able to address safety concerns through the building code governing the placement, electric and barrier requirements. The building code would replace the current swimming pool ordinance in the Municipal Code. Staff noted that the most major change would be the barrier requirement for storable pools, capable of holding water 24" or greater. Education would be essential for this change to be successful. Staff intends to create a good neighbor brochure covering the topic, and Facebook and Twitter could also be utilized. Additionally, Staff would approach local big box stores selling these types of pools and request they place literature in the area the pools are sold. Alderman Condon stated that this issue has been discussed at length. Staff receives many calls yearly regarding this matter. Alderman Condon opined that foremost in mind is the safety of the residents of McHenry. Alderman Santi stated it is apparent that a lot of research was conducted by Staff concerning this matter. Responding to Alderman Glab's inquiry regarding swimming pools that are placed in front or at the side of a building, Deputy City Administrator Martin indicated that in some cases part of the swimming pool can be used as a barrier. However, each situation would have to be looked at individually to ascertain if it meets the intent of the Ordinance. Alderman Schaefer opined that the Ordinance might be overly burdensome in the case of temporary swimming pools and should only address more permanent structures. . Alderman Blake requested clarification specifically about pools; Deputy City Administrator stated that even if the pool is inflatable, if it holds 24-inches of water it falls under the Ordinance. Alderman Blake concurred with Alderman Schaefer and indicated he did not know if he could support the Ordinance. Responding to Alderman Schaefer's inquiry regarding whether a pool required a filtration system to fall under the Ordinance, Deputy City Administrator stated that the pool need only hold 24-inches of water. Alderman Glab opined he would not be able to support the Ordinance if a pool was able to be set up for months with no filtration system. Deputy City Administrator Martin assured Alderman Glab he would clarify the recirculation issue. Responding to an inquiry from Council, City Administrator Morefield stated that Section 22 would be deleted in its entirety. Regular Meeting Page 13 April 15 2013 Mayor Low inquired whether the matter should be tabled until the recirculation issue is resolved. Alderman Condon expressed concern that the matter should be addressed prior to the beginning of the summer season. A brief discussion ensued. Motion by Condon, seconded by Santi, approving the Ordinance amending Chapter 22 Swimming Pools and Chapter 7 Buildings and Building Regulations of the Municipal Code, as presented. Voting Aye: Santi, Glab, Wimmer, Condon. Voting Nay: Schaefer, Blake. Absent: Peterson. Motion carried. ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 2, ADMINISTRATION ARTICLE VIII, PLANNING AND ZONING COMMISSION AUTHORIZING THE MAYOR, WITH ADVICE AND CONSENT OF THE CITY COUNCIL TO ANNUALLY APPOINT PLANNING AND ZONING COMMISSION MEMBERS Deputy City Administrator Martin informed Council that Staff is proposing an amendment to the City's Municipal Code which would authorize the Mayor, with the advice and consent of the City Council, to annually appoint Planning and Zoning Commission members. Currently the initial appointed members serve staggered terms from one to seven years. Subsequent to the initial terms, successors are appointed to five-year terms. Annual appointments would provide an opportunity for new members to serve on the Commission without waiting until a vacancy occurs or a term expires. Deputy City Administrator Martin advised that the Ordinance is proposed to take effect on May 1, 2013, however, the first annual appointments of the Planning and Zoning Commission members would not occur until the 2014 annual meeting. Alderman Glab expressed concern that if Commission members are appointed on a yearly basis, they would lack the experience that members who have been on the Commission for a longer period of time acquire. Mayor Low indicated that this revision did not necessarily mean that each of the Commission members would necessarily be appointed annually. City Attorney McArdle stated that each of the Commission members would not be replaced yearly and could actually be appointed year-to-year. Each appointee could serve up to a 4-year term or longer; however, the length of the term would be determined by who is the elected Mayor. Regular Meeting Page 14 April 15 2013 Motion by Schaefer, seconded by Condon, approving the Ordinance amending Chapter 2 Administration Article Vill. Planning and Zoning Commission of the Municipal Code, authorizing the Mayor with advice and consent of the City Council to annually appoint Planning and Zoning Commission members. Voting Aye: Santi, Schaefer, Blake, Wimmer, Condon. Voting Nay: Glab. Absent: Peterson. Motion carried. COMMUNITY DEVELOPMENT COMMITTEE RECOMMENDATION TO APPROVE AN ORDINANCE AMENDING CITY OF IVICHENRY MUNICIPAL CODE CHAPTER 1 GENERAL PROVISIONS• AND CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS; TO ELIMINATE THE ELECTRICAL COMMISSION Deputy City Administrator Martin informed Council that in 1986, the City of McHenry adopted Chapter 7 Article X of the Municipal Code, which establishes guidelines for: • the creation of an Electrical Commission; • duties of the Commission; • adoption of an electric code; • amendments to the electric code; • establishment of an Electrical Inspection Department; and • requirements for electrical inspections and licensing. Since the time, the majority of the guidelines have been followed with the exception of establishment of an Electrical Commission. Staff is recommending the City discontinue issuing electrical licenses because there is no active Commission, and eliminate the requirement for an Electrical Commission: Illinois State Statutes grant corporate authorities the ability to register electrical contractors. The statute does not contain requirements outlining how this is supposed to be done, so each community adopts its own guidelines. Deputy City Administrator Martin noted there are seven communities in northern Illinois that issue this type of license including: • McHenry; • Woodstock; • Elgin; • Chicago; • Rockford; • Waukegan; and • Naperville. Regular Meeting Page 15 April 15 2013 Those communities, with the exception of McHenry, have active Electrical Commissions. Electrical Commissions recommend codes, provide interpretations, write proficiency tests, administer the tests and recommend contractors or individuals for licensing. Deputy City Administrator Martin informed Council that annually, eight electrical contractor licenses are renewed by the City of McHenry. Two are for major electrical contractors, two are smaller shops and four are individuals. He indicated that Section 7-131€ of the Municipal Code states "No license hereunder shall be renewed for any subsequent term unless the City Clerk is authorized by the Electrical Commission." By policy, Staff has continued to renew existing licenses over the years without an Electrical Commission, because the licenses have been in existence for approximately 25 years. The City of McHenry currently enforces the requirement of the National Electrical Code and it is updated every three years. Without an Electrical Commission being seated it is becoming increasingly difficult for one or two Staff members to determine if a contractor remains competent to hold a City license. Staff holds certifications to inspect and review plans in different areas of construction, including electrical work. There would be no reduction in the level of service, life safety concerns or customer service, which is currently provided to residents and businesses. If approved by Council, letters would be sent to current license holders, which would give approximately eight months to secure a license from one of the other communities indicated. Deputy City Administrator Martin stated that the Community Development Committee unanimously agreed to direct Staff to move forward with the proposed amendment to the Municipal Code. Motion by Wimmer, seconded by Condon, approving the Ordinance amending the City of McHenry Municipal Code Chapter 1, General Provisions; and Chapter 7, Buildings and Building Regulations; to eliminate the Electrical Commission, as presented. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low announced that the Human Race, a 5k run/walk created to support volunteerism and offer funding to charities serving McHenry County, will take place on Sunday, April 21, 2013 at 9:00 am at 1391 Corporate Park, McHenry, Illinois. Mayor Low noted that Character Counts! is among the many registered charitable organizations listed if anyone is seeking to make a contribution. Regular Meeting Page 16 April 15 2013 Mayor Low stated that in view of the current events in Boston, she wanted to take the opportunity to acknowledge Police Chief Jones and Deputy Chief Birk for their proactive approach in protecting the residents of the City of McHenry and their emergency preparedness. Mayor Low congratulated City Clerk Jones, Alderman Santi, Alderman Schaefer and Alderman Wimmer on their wins during the recent election. She stated she looks forward to working with the entire Council for another 4-year term. Mayor Low acknowledged that this meeting is Director of Parks and Recreation Merkel's last Council meeting. She advised that Director Merkel has been the only Director of Parks and Recreation the City of McHenry has ever had and that he has left his mark citywide. Mayor Low congratulated Director of Parks and Recreation Merkel on his pending retirement, effective April 26, 2013. COMMITTEE REPORTS Alderman Condon informed Council that minutes from the Community Development Committee meeting from March 12, 2013 are forthcoming. Alderman Condon informed Council that a special meeting of the Community Development Committee would be held on Tuesday, April 30, 2013 at 7:00 pm in the Alderman's Conference Room. Alderman Wimmer stated that a meeting of the Finance & Personnel Committee was held on Thursday, April 11, 2013 regarding the budget and minutes would be forthcoming. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS Alderman Santi requested a discussion at the Committee level or among Council regarding timely communication between Staff and Council members. Alderman Santi requested a discussion at the Committee level regarding a not -for -profit organizational fee structure for events and requested waiver of fees. It was the consensus of Council to discuss this topic at a future meeting of the Finance & Personnel Committee meeting. Regular Meeting Page 17 April 15 2013 EXECUTIVE SESSION Motion by Blake, seconded by Santi, to adjourn to Executive Session to discuss Personnel at 8:35 pm. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. Motion by Wimmer, seconded by Blake, to return to Open Session at 8:55 pm. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. Council returned to Open Session at 8:55 pm. ADJOURNMENT Motion by Wimmer, seconded by Blake, to adjourn the meeting at 8:56 pm. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. The meeting was adjourned at 8:56 pm. Mayor City Clerk