HomeMy WebLinkAboutMinutes - 06/22/2015 - Community Development CommitteeCOMMUNITY DEVELOPMENT COMMITTEE MEETING
Monday, June 22, 2015
Council Chambers, 7:00 p.m.
In Attendance: Committee Members: Chairman Alderman Condon, Alderman Peterson,
Alderman Santi. Absent: None. Also in Attendance: City Administrator Morefield, City
Attorney Smoron, Commercial Building Superintendent Schwalenberg and City Clerk Jones.
Also in attendance:
Jack Schaffer, Liberty Outdoor Advertising, 4114 Route 176, Crystal Lake, IL
Ed Marsin, Clear Channel Outdoor, 4000 S. Morgan Street, Chicago, IL
Ed Miculinich, 4005 W. Elm Street, McHenry, IL
Bert Irslinger, 409 Front Street, McHenry, IL
Steven Bjorkman, Ace Hardware, 4520 W Crystal Lake Road, McHenry, IL
Joel Zank, Butch's Auto Service, 1002 Front Street, McHenry, IL
Chairman Alderman Condon called the meeting to order at 7:00 pm.
Public Input Session
The following local business owner persons were present to express opposition to the Non-
Conforming Sign Ordinance:
Jack Schaffer, Liberty Outdoor Advertising
Ed Marsin, Clear Channel Outdoor
Ed Miculinich, McHenry Goodyear
Bertram Irslinger OD, 409 Front Street
Steve Bjorkman, Ace Hardware, 4520 W. Crystal Lake Road
Sam Diamond, Law Offices, 3431 W. Elm Street
Update on Amortization of Non-Conforming Signs and Staff Request for direction on
whether to proceed with Implementation of the Ordinance as written or forward a
recommendation to the City Council for some other action to be taken with regard to
implementation of the Ordinance based on information presented at this meeting
City Administrator Morefield informed the Committee that the regulation and amortization
of non-conforming signs accomplishes multiple objectives, three of which relate to aesthetics
(cohesive visual community appearance), safety for drivers, and parity for businesses. Many
signs, particularly along Route 120 and Route 31 vary in height, from five or six feet to 25-
five feet. The signs also vary in setback. Additionally, when the city annexed properties east
of the Fox River in the late 1990s the businesses were annexed as-is, including signage. As a
result, many businesses have signs that do not comply with city regulations.
Staff has ascertained that there exists visual clutter which relates directly to the aesthetic
appearance throughout the city. In 2006, the Council approved an amendment to the city's
sign ordinance that included the regulation and amortization of non-conforming free standing
signs until August 7, 2013 at which time they must be brought up to the new standards or pay
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June 22, 2015
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an annual permit fee. On October 1, 2012 Council approved a two-year extension of the
amortization period to August 7, 2015. This action was taken because of the burden placed
on businesses during a turbulent and uncertain economy and to inform the owners of non-
conforming signs about the new deadline and requirements of compliance.
At the direction of the Council, letters were mailed to all impacted property owners, the first
of which was sent in 2013 approximately two year before the August 2015 deadline; making
the property owner area of the impending deadline. A second letter was mailed in 2014.
Also, a Memorandum of Recording was filed with McHenry County containing the addresses
of all impacted properties should they be sold so the new owner(s) would be made aware of
the regulations and amortization deadline. Staff received some telephone called following
receipt of the letters and were given three options to comply with the regulations:
1. Eliminate the nonconformity (height, size and/or setback);
2. Obtain a variance from the Council which, unless there is a specific time placed on
the variance, is equivalent to compliance; and,
3. Pay an annual re-inspection fee, beginning in August 2015, as identified in the
Ordinance.
Recently, staff has received feedback from multiple property owners expressing concerns
pertaining to the impending amortization deadline. To that extent, staff wants to ensure the
Committee and the Council are aware of the impending deadline, the implications, and
procedure which will be utilized to enforce the regulations. Staff also wants to provide the
Committee and the Council with the most current legal options and court cases relevant to
this issue since its original passage in 2006.
The Committee is asked to provide direction to staff on how to proceed with the
implementation of the Non-conforming Sign Ordinance, as written, or to forward a
recommendation to Council for some other action with regard to implementation of the
Ordinance, based on the information presented.
Chairman Alderman Condon said this matter has been discussed for over ten year and was
originally presented to the Committee so sight lines and sets backs would be level. She
acknowledged that all persons who spoke during public input have valid concerns. She
emphasized that the Non-conforming Sign Ordinance was not initiated to generate revenue
and the fees were only imposed to encourage compliance. Chairman Condon added the
committee is cognizant of distractions caused by the varying signs and desires the
community to be aesthetically pleasing. Chairman Alderman Condon stated that she would
be in favor of grandfathering in current signage with the understanding that any new signs
would have to comply with the Ordinance.
Alderman Peterson opined the sign business is changing rapidly. He would support
grandfathering in current signage with the understanding that when signs are updated they
would have to come into compliance.
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June 22, 2015
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Alderman Santi opined that he has no problem leaving things as they are, as long as when the
signs are updated they come into compliance.
City Attorney Smoron opined that business owners have indicated their personal investments
in the signage for their business. He suggested it would be a good start to grandfather in
current signage, then going forward, have the new rules apply.
Addressing an inquiry from Chairman Alderman Condon regarding line of sight issues, City
Attorney Smoron stated that safety issues create a different situation, particularly if there is a
hazard. Chairman Alderman Condon stated that she would like any unsafe signage addressed,
as well as line of sight issues. Superintendent Schwalenberg stated he is unaware of any
signage in town that creates a line of sight problem.
Responding to an inquiry from Chairman Alderman Condon regarding compliance of the
ordinance by new property owners, Attorney Smoron indicated adjudication would be more
enforceable than citations for non-compliance.
City Administrator Morefield recommended that vacant property with non-conforming signs
be addressed. Alderman Peterson suggested permitting vacant property owners 120-days to
come into compliance. Chairman Alderman Condon indicated she would support 90-days for
compliance.
It was the consensus of the Committee to direct Staff to draft an Ordinance for presentation
to full Council grandfathering current signage with the understanding that if the business
changes hands or comes under new ownership, the signage must comply with the Ordinance.
Chairman Alderman Condon thanked everyone for taking the time to attend the meeting and
contribute to the process.
Other Business
There was no Other Business.
Adjournment
Motion by Peterson, seconded by Santi to adjourn the meeting at 7:49 p.m.
Aye: Condon, Peterson, Santi.
Nay: None.
Absent: None.
Motion carried.
Respectfully submitted,
Geri Condon, Chairman