The URL can be used to link to this page

Home My WebLink AboutMinutes - 08/05/2013 - City CouncilREGULAR MEETING August 5, 2013 Mayor Low called the regularly scheduled August 5, 2013 meeting of the McHenry City Council to order at 7:30 p.m. In attendance were the following Aldermen: Santi, Glab, Blake, Wimmer, Peterson and Condon. Absent: Schaefer. Also in attendance: City Administrator Morefield, Deputy City Administrator Martin, Deputy City Administrator Hobson, Chief of Police Jones, Director of Public Works Schmitt, Director of Finance Lynch, City Attorney McArdle and City Clerk Jones. Absent: None. PRESENTATION: CHARACTER COUNTS! Recognition Award Mayor Low introduced Alderman Condon, Chairman of the CHARACTER COUNTS! Coalition. Alderman Condon called McHenry High School District 156 Band Instructor Brian Weidner before Council. Alderman Condon announced that the McHenry Area CHARACTER COUNTS! Coalition has a program which recognizes area citizens for extraordinary and uncommon behavior. She stated that Mr. Weidner was nominated for recognition by Mayor Low for his efforts in going above and beyond the requirements of his position to assist children in the community with musical talent. Alderman Condon presented Mr. Weidner with the award of recognition. Mayor Low stated that she nominated Mr. Weidner because he is more than just a teacher of music. He is an inspirational teacher that teaches the children in his care many life lessons in addition to music, and additionally provides an important gift to the community. Mr. Weidner addressed Council stating he feels strongly that as an educator it is his responsibility to share his student's talents with the community. He thanked the CHARACTER COUNTS! Coalition for the recognition. Mr. Weidner then introduced Ms. Marsha Potthoff, the new principal at McHenry High School West Campus. PUBLIC INPUT SESSION No one signed in for the Public Input Session CONSENT AGENDA A. IDOT Resolution acknowledging abatement of 2012 property tax and approval of appropriation of MFT funds for debt service payments; B. Award of bid to Behm Pavement Maintenance, Inc. for 2013 Asphalt Crack Sealing Maintenance program, not to exceed $30,000; C. Authorization to provide snowplowing services for Fegers Subdivision; D. Special Event Liquor License for Polish Legion of American Veterans/Joe's Wish Not For Profit in Veterans Memorial Park, August 25, 2013; E. Special Event Liquor License, St. Patrick Catholic Church, 3500 Washington Street, annual Oktoberfest, September 28, 2013; F. Temporary Use Permit for a tent, live music and food truck for August 24, 2013 Grand Opening event, Chain O'Lakes Brewing Company, 3425 Pearl Street; Regular Meeting Page 2 August 5, 2013 G. Special Event Liquor License to sell beer outside on August 24, 2013, Chain O'Lakes Brewing Company, 3425 Pearl Street; H. June 17, 2013 City Council meeting minutes; I. July 1, 2013 City Council meeting minutes; J. As Needed Checks; AT&T 118.79 BLUE CROSS BLUE SHIELD 0 123,718.03 BUSS FORD SALES 96,689.00 COMCAST CABLE 204.83 FOP UNITS I/II 1,978.00 IRWA 94.00 IUOE, LOCAL 150 2,332.98 KIMBALL MIDWEST 308.47 KISHWAUKEE YMCA 448.00 LEGALSHIELD 64.75 MANTOR, ALICE 25.00 MCH COUNTY DEPT OF HEALT 45.00 MCHENRY COMMUNITY HIGH S 250.00 MILBRATZ, TIFFANI 100.00 MIZSER, MAKAYLA 100.00 NATIONAL GUARDIAN LIFE I 42.33 NCPERS GROUP LIFE INS. 208.00 PETTY CASH FUND 2,200.00 POSTMASTER MCHENRY IL 1,775.00 RADIOSHACK CORPORATION 20.49 RESERVE ACCOUNT 1,195.02 RIEMANN, TAYLOR 300.00 SAFARI LAND LLC 314.00 SAM'S CLUB 994.55 SECRETARY OF STATE / POL 101.00 TIMBER RIDGE LODGE & WAT 513.50 UNITED PARCEL SERVICE 121.30 US BANK EQUIPMENT FINANC 135.00 VERIZON WIRELESS 1,788.70 WIRCH, STEVE 60.00 GRAND TOTALS 236,245.74 FUND TOTALS GENERAL FUND 14,043.38 PAGEANT FUND 500.00 MCHENRY AREA CHARACTER COUNTS 250.00 CAPITAL EQUIPMENT FUND 96,689.00 WATER/SEWER FUND 743.41 EMPLOYEE INSURANCE FUND 123,718.03 INFORMATION TECHNOLOGY FUND 301.92 TOTALS 236,245.74 K. List of Bills: 1110 GREEN LLC 66,290.67 ADAMS, SAMANTHA 248.50 ADVANCED AUTOMATION AND 5,630.52 ADVANCED PUBLIC SAFETY I 169.05 AIRGAS SAFETY INC 118.27 AMELIO, ROBERT 399.50 APWA 695.00 AQUAFIX 133.97 ARAMARK 207.74 AT&T 2,423.46 AT&T LONG DISTANCE 209.83 B&W CONTROL SYSTEMS INTE 786.22 BAKER & SON CO, PETER 10,256.61 BARRINGTON TRANSPORTATIO 380.00 BAXTER & WOODMAN 162.43 BOXX THIS INC 279.48 BRANIFF COMMUNICATIONS I 3,700.00 Regular Meeting Page 3 August 5, 2013 BREMER, CURTIS H 182.00 BRENNAN, DAN 3,290.00 BROMAN, PENNA 107.79 BURRAFATO, SAM 10.75 BUSS FORD SALES 3,348.21 CABAY & COMPANY INC 923.25 CAREY ELECTRIC 2,164.00 CASA DE VIDA 83.00 CDW GOVERNMENT INC 381.92 CENTEGRA OCCUPATIONAL HE 107.80 CHICAGO COMMUNICATIONS L 750.00 CHRISTENSEN-TUMILSON, VI 432.00 CHRISTOPHER, DAVID 32.09 COMED 493.52 CONSERV FS 237.90 CONSTELLATION NEWENERGY 37,233.03 CRESCENT ELECTRIC SUPPLY 716.44 CULVERS OF MCHENRY 180.00 CURRAN MATERIALS COMPANY 420.00 CURRAN, CASSANDRA 78.00 CUSTOM LANDSCAPING 1,145.00 DELELIO, CHERYL 225.00 DELL MARKETING LP 4,141.98 DOCUMENT IMAGING DIMENSI 993.25 DREISILKER ELECTRIC MOTO 829.72 DURA WAX COMPANY INC, TH 1,929.90 ED'S RENTAL & SALES INC 1,329.40 EDER CASELLA & CO 20,000.00 EISERMAN, JERRY 48.84 EJ USA INC 2,262.16 ENVIRONMENTAL AQUATIC MG 2,682.50 FAMILY TAILOR SHOP 62.50 FAST EDDIES CAR WASH 217.25 FEDERAL SIGNAL CORPORATI 200.00 _ FISCHER BROS FRESH 1,219.38 FLESCH COMPANY INC, GORD 169.78 FOX VALLEY FIRE & SAFETY 980.50 FOX VALLEY OPERATORS ASS 200.00 FOXCROFT MEADOWS INC 547.30 FUTURE LINK OF ILLINOIS 915.00 G IMPRESSIONS INC 72.00 GALLAGHER RISK MANAGEMEN 60.00 GERLACH, NICOLE 117.00 GOLD MEDAL PRODUCTS 943.21 GREAT LADES FIRE & SAFET 78.50 GREVE, CODY 115.00 GROVES, SANDRA 300.00 HALOGEN SUPPLY COMPANY 265.65 HARM'S FARM 527.31 HAWKINS INC 3,456.24 HOME DEPOT CREDIT SERVIC 3,220.09 HOMESTEAD ELECTRICAL CON 826.00 HRGREEN 14,647.84 HYDRAULIC SERVICES AND R 331.80 ILLINOIS AUDIO PRODUCTIO 400.00 ILLINOIS EPA 1,000.00 IPMA-HR 379.00 IPPFA 1,500.00 IRWA 188.00 IT'S RACE TIME INC 1,016.75 J G UNIFORMS INC 537.47 JENSEN, LEN 464.88 KIMBALL MIDWEST 375.06 KITTLESON, KATHY 37.47 KIWANIS CLUB OF MCHENRY 40.00 KRONWALL, KELLY 175.00 L&S ELECTRIC INC 875.00 - LOCKER'S FLOWERS 100.00 LUNKENHEIMER, NICOLE 25.10 Regular Meeting Page 4 August 5, 2013 MADSON, CHRIS 91.88 MAZZUCA, JOE 1,638.00 MCANDREWS PC, THE LAW OF 5,175.00 MCCANN INDUSTRIES INC 363.93 MCHENRY ANALYTICAL WATER 700.00 MCHENRY COUNTRY CLUB 490.16 MCHENRY FIRESTONE 1,295.51 MCHENRY SCHOOLS TRANSPOR 603.27 MCHENRY SPECIALTIES 56.00 MEADE INC 231.18 MELROSE PYROTECHNICS INC 15,000.00 METROPOLITAN INDUSTRIES 4,197.21 MID AMERICAN WATER OF WA 2,691.98 MIDCO 7,094.51 MIDWEST HOSE AND FITTING 470.95 MIDWEST METER INC 450.00 MINUTEMAN PRESS OF MCH 3,311.48 MOORE, KEVIN 153.00 MORRIE AND SONS INC 60.00 MOTOROLA SOLUTIONS INC 85,822.25 MROZ, GREGORY 207.00 NCL OF WISCONSIN INC 773.32 NICOLET SCENIC TOURS 5,840.00 NICOR GAS 785.99 NORTHWEST POLICE ACADEMY 100.00 NORTHWESTERN UNIVERSITY 3,300.00 OLIVER, GREG 7.60 OLSSON ROOFING COMPNAY I 215,786.25 PADRO, PEDRO 45.22 PATRIOT ESTATES 65.76 PATTEN INDUSTRIES INC 414.25 PEPSI BEVERAGE COMPANY 789.48 PETERSON, DWAYNE 299.00 PETROLIANCE LLC 28,263.10 PETROW, STEPHANIE S 130.00 PETTIBONE & CO, P F 1,798.11 PINNACLE WOOD PRODUCTS I 1,925.00 PITEL SEPTIC INC 3,045.00 POLLARDWATER.COM 240.88 PORTER LEE CORPORATION 121.00 PRO PLAYER CONSULTANTS I 1,738.00 PROSHRED SECURITY 53.00 PSP-BROOKFIELD 365.94 PUCHALSKI GOODLOE MARZUL 1,279.28 RADICOM INC 559.47 REGNER, WILLIAM J 69.00 REICHE'S PLUMBING SEWER 175.00 REINDERS INC 42.30 RELIABLE OFFICE SUPPLIES 282.86 REX 24/7 TOWING 40.00 RIDGEVIEW ELECTRIC INC 1,049.72 ROOM PLACE, THE 30.00 ROTARY CLUB OF MCHENRY 236.00 RYBA, RON 24.69 SABATKA, CARRIE 12.00 SECRETARY OF STATE / POL 297.00 SECRETARY OF STATE/INDEX 20.00 SHERMAN MECHANICAL INC 901.57 SIRCHIE FINGER PRINT LAB 250.06 STAPLES ADVANTAGE 428.21 STAPLES CREDIT PLAN 520.43 STUDIO 222 ARCHITECTS 8,000.00 THELEN MATERIALS LLC 208.96 THINK INK INC 1,866.62 THOMSON REUTERS - WEST 411.84 TOPS IN DOG TRAINING COR 612.94 TRAFFIC CONTROL & PROTEC 699.70 TROTTI, MICHELLE 95.00 ULINE 161.17 Regular Meeting Page 5 August 5, 2013 ULTRA STROBE COMMUNICATI 117.90 UNITED LABORATORIES 494.09 US BANK EQUIPMENT FINANC 292.00 USA BLUEBOOK 5,117.38 VALLEY VIEW ACRES 200.00 VEHICLE CRASH CONSULTING 11,815.00 VIKING CHEMICAL COMPANY 8,602.92 WASTE MANAGEMENT OF WI P 4,491.12 WILDE, JULIE 170.00 WILKENS-ANDERSON CO 92.73 WOODWARD PRINTING SERVIC 404.00 ZIMMER, JILL 30.00 ZUKOWSKI ROGERS FLOOD & 16,264.80 GRAND TOTALS 677,792.75 FUND TOTALS GENERAL FUND 241,795.23 PAGEANT FUND 662.16 CIVIL DEFENSE FUND 3,700.00 ALARM BOARD FUND 980.50 AUDIT EXPENSE FUND 20,000.00 TIF FUND 67,490.67 CAPITAL IMPROVEMENTS FUND 223,786.25 WATER/SEWER FUND 99,964.57 RISK MANAGEMENT FUND 60.00 INFORMATION TECHNOLOGY FUND 13,926.66 RETAINED PERSONNEL ESCROW 2,647.43 POLICE PENSION FUND 2,779.28 TOTALS 677,792.75 Motion by Wimmer, seconded by Blake, to approve the Consent Agenda, as presented: Voting Aye: Santi, Glab, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW AN OPEN SALES LOT AT 3706 WEST ELM STREET Deputy City Administrator Martin informed the Council that the Applicant, Randy Jeschke, is requesting a Conditional Use Permit to allow a car and truck sales lot on the subject property. Deputy City Administrator Martin stated that Mr. Jeschke is in attendance to answer any questions from Council. Deputy City Administrator Martin noted that a Conditional Use Permit was approved for the property in 2007 for a drive-thru facility, along with a variance reducing the number of required stacking spaces from ten to nine. Bear Creek Coffee was located at the site and operated the drive-thru only coffee kiosk. The business closed in 2010. An additional Conditional Use Permit was approved for a drive-thru in 2012. Subsequently, a drive-thru cigarette shop operated on the property for several months in 2012/2013. The Applicant is proposing an open sales lot. Cars and trucks would be located on the ( majority of the lot. Customer and employee parking is proposed at the northern end of the Regular Meeting Page 6 August 5, 2013 property. A good portion of the Applicant's car sales business would be conducted over the internet. Then typically, people will make an appointment to stop in and look at the vehicles for sale. Other potential purchasers would stop by, park and walk around the vehicle display area, which would cover the majority of the lot. The small kiosk building on the property would be utilized as an office. Staff has reviewed the criteria of Table 31 of the Zoning Ordinance and believes the use requested would not generate any more traffic than is otherwise typical by other uses in the zoning district. There would be no adverse environmental impacts. All gas, oil changes and repair work would be conducted off site. Staff believes the use is appropriate at this location and will not negatively impact the surrounding neighborhood. Deputy City Administrator Martin informed Council that the Planning and Zoning Commission recommended approval by a vote of 5 to 1 for an open sales lot at 3706 West Elm Street, in substantial conformance with the site plan with the condition the lighting is shielded to shine directly onto the lot and away from Illinois Route 120, as well as away from Millstream Drive and the apartments to the north and that the glare from the lighting should be minimized to the greatest extent possible. Responding to an inquiry from Alderman Santi, Mr. Jeschke stated that approximately 85% of his business is internet sales. The hours of operation of the business would be Monday through Friday from 9:00 am to 7:00 pm, Saturday from 9:00 am to 5:00 pm and Sunday the operation would be closed. Responding to Alderman Santi's inquiry regarding whether Mr. Jeschke would be allowed to have ramps on the property to display vehicles, Mr. Jeschke responded that he would like to reserve the ability to have a display ramp. Alderman Glab expressed concerns that there were so many car lots in the City of McHenry. He stated he would be more comfortable if there were a maximum number of vehicles allowed on the lot at any given time. Mr. Jeschke responded to Alderman Glab's concerns, stating that the layout presented is just a rough sketch. He assured Council that he intends to display vehicles in a well -organized fashion and the vehicles will be kept off the street. Motion by Santi, seconded by Wimmer, approving a Conditional Use Permit to allow an open sales lot at the property located at 3706 West Elm Street. Voting Aye: Santi, Blake, Wimmer, Peterson. Voting Nay: Glab, Condon. Absent: Schaefer. Motion carried. Regular Meeting Page 7 August 5, 2013 COMMITTEE RECOMMENDATION TO APPROVE AN ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 6, ANIMALS AND FOWL Deputy City Administrator Martin informed Council that Staff receives many calls inquiring whether the City limits the number of dogs and cats per household. He noted that approximately 25 complaints are filed each year regarding dog issues. Complaints include barking, running at large and failure of the owner to pick up waste. Staff conducted a poll of surrounding municipalities and learned that Algonquin and Lake in the Hills limit the total number of domestic animals to four per household; Woodstock and Crystal Lake do not limit the number of dogs/animals per household. Staff reviewed the Animals and Fowl Ordinance in its entirety with the Director of McHenry County Animal Control. Some of the language in the existing Ordinance is dated and it was suggested that certain provisions be updated. The Director of McHenry County Animal Control also recommended the City update its definition of exotic animals. The proposed definition of exotic and farm animals is taken directly from the County's regulations to assist with uniformity in enforcement. The biggest change Staff is proposing is regulating the number of dogs any given household may have at one time. Staff is recommending a total of three dogs be permitted. The reason for limiting the number of dogs is primarily due to health and cleanliness issues. Homes currently exceeding the proposed limits would be grandfathered for the life of the pet. Staff would work with animal control to determine the number and location of homes exceeding the proposed limit for dogs. Staff discussed limiting the number of cats with the Community Development Committee, however, unlike dogs, cats are not required to be registered with the McHenry County Health Department. Therefore, there would be no way to enforce a limitation on the number of cats. The Community Development Committee recommended the proposed amendments to the Animals and Fowl Ordinance and directed Staff to present the proposed amendments to full Council for consideration. Alderman Condon stated that Council is attempting to do the right thing by amending the Ordinance, but as with any ordinance this one can be modified and/or revised. Alderman Glab opined that if a chicken is sold as a household pet, the wording in Section 6.5 is confusing. City Attorney McArdle agreed that the sentence is broad. City Attorney McArdle suggested changing the sentence and eliminating the exclusion of farm animals including chickens in Section 6.5. Regular Meeting Page 8 August 5, 2013 Motion by Condon, seconded by Santi, approving the Ordinance amending Municipal Code Chapter 6, Animals and Fowl. Voting Aye: Santi, Glab, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer Motion carried. COMMITTEE RECOMMENDATION TO APPROVE AN ORDINANCE DELETING MUNICIPAL CODE CHAPTER 21 ARTICLE 1 SECTION 21-18 DUTY TO REMOVE DEPOSITS ON SIDEWALKS Deputy City Administrator Martin informed Council that the topic of snow and ice removal was discussed at several meetings of the Community Development Committee in 2010 and 2011. The Committee directed Staff to enforce the provisions of Sec. 21-18 of the Municipal Code by complaint only and to keep a log of Staff time associated with enforcement. On January 22, 2013, the Community Development Committee again considered the issue and Staff's concerns that the provision is antiquated, cannot be equally enforced and thus, should be removed from the Municipal Code as discussed. At the January meeting the Committee directed Staff to forward a recommendation to delete the provision for snow and ice removal from the Municipal Code to full Council for consideration. Deputy City Administrator Martin stated that since the January 2013 meeting, a local business owner, Dave Miller, brought to Staff's attention an appellate court case involving a plaintiff who filed a negligence suit following falling in the parking lot at a local gas station. The defendant argued that the snow and ice the plaintiff slipped on was a natural accumulation for which it had no duty to remove, warn or protect against. The appellate court agreed with defendant. The Community Development Committee discussed the court case and it was their decision to proceed with their original recommendation to delete the provision for snow and ice removal from the Municipal Code and to submit the recommendation to Council. Motion by Santi, seconded by Wimmer, approving the Ordinance deleting Municipal Code Chapter 21, Article I, Sec. 21-18 Duty to Remove Deposits on Sidewalks. Voting Aye: Santi, Glab, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer Motion carried. MAYOR STATEMENT AND REPORTS Mayor Low congratulated the Noon Rotary Club of McHenry for a successful Blues, Brews & Bar-b-que event in Petersen Park this weekend. Regular Meeting Page 9 August 5, 2013 Mayor Low announced that this Thursday evening, August 8, 2013, from 5:00 pm to 9:00 pm in Veterans Park a showcase of local businesses would be taking place. Mayor Low announced the public is invited to attend the annual "Spirit of 45"national campaign commemorating the end of World War II, on Sunday, August 11, 2013, in Veterans Memorial Park. Events will begin at 5:00 pm and culminate with taps and the release of doves. Mayor Low announced that the last band concert of the season takes place on Thursday, August 15, 2013 at 7:30 pm in Veterans Memorial Park. The concert features a special performance by Larry Breidenbach. The farmers market is open prior to the band concert on Thursday from 4:00 pm to 7:30 pm. COMMITTEE REPORTS Alderman Condon stated that the minutes from the July meeting of the Community Development Committee are forthcoming. STAFF REPORTS City Administrator Morefield informed Council that Deputy City Administrator Martin's department has been working on six different "Good Neighbor" brochures, which will be available shortly. FUTURE AGENDA ITEMS Alderman Peterson stated that he has received some comments from people regarding excessive noise from concerts. He suggested that as the number of concerts is expanded noise abatement be considered. Alderman Glab requested an update from Staff regarding the Crystal Lake Road project. City Administrator Morefield stated that August 23, 2013 is the completion date for the project. ADJOURNMENT Motion by Wimmer, seconded by Peterson, to adjourn the meeting at 8:21 pm. Voting Aye: Santi, Glab, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Schaefer. Motion carried. The meeting was adjourned at 8:21 pm. '�® C < Mayor00- City Clerk