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HomeMy WebLinkAboutMinutes - 10/07/2013 - City CouncilREGULAR MEETING October 7, 2013 Mayor Low called the regularly scheduled October 7, 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, Peterson and Condon. Absent: None. Also in attendance were City Administrator Morefield, Deputy City Administrator Martin, Director of Public Works Schmitt, Chief of Police Jones, Director of Finance Lynch, City Attorney McArdle, Engineer Pieper and City Clerk Jones. Absent: Deputy City Administrator Hobson. PUBLIC HEARING FOR CONSIDERATION OF AN ORDINANCE AUTHORIZING THE EXECUTION OF A PRE -ANNEXATION AGREEMENT WITH MICHAEL AND NANCY CONNOR FOR THE PROPERTY LOCATED AT 1918 ORCHARD BEACH ROAD. Mayor Low opened the Public Hearing at 7:31 pm. Mayor Low requested comments and discussion from Council. Deputy City Administrator Martin informed Council that Michael and Nancy Connor, owners of the property located at 1918 Orchard Beach Road, are in attendance. Mr. and Mrs. Connor are seeking to construct a new home on their property and connect to the City's sanitary sewer system. Staff has no concerns with the Connor's request. The property is currently not within the City of McHenry's corporate limits and is not contiguous to City boundaries. Thus, Staff has prepared a pre -annexation agreement. The agreement would allow the owners to connect to the City's sewer system, but they would be required to pay 1.5 times the normal City fee rates because they are not City residents. In accordance with the terms outlined in the pre -annexation agreement the property would be required to be annexed upon becoming contiguous to City boundaries. Alderman Glab requested clarification. Deputy City Administrator Martin stated the property is not contiguous due to the configuration of the roadway. Alderman Glab inquired when annexation of the roadway would be considered and expressed concerns about the City's liability. Alderman Glab opined that it is something that should be considered for future inquiries of this nature. Director of Public Works Schmitt assured Alderman Glab that the City is not responsible for private services. Responding to Alderman Glab's inquiry regarding hooking up to the City's water services, Deputy City Administrator Martin stated, as long as the water hook-up is a certain distance away, the applicant is not required to hook-up to City water service. Mayor Low inquired whether there were any comments from the audience. There were no comments from the audience. Mayor Low requested a motion to close the Public Hearing. Regular Meeting Page 3 October 7, 2013 F. Temporary Use Permit; use of Knox Park Barn for set up, operation and storage; and waiver of associated fees, for the annual Jaycees Haunted House; G. Request from Andreas and Deborah Szechowycz for a one year extension to submit a Final Plat for Brooke Estates Subdivision; H. Request from Eckel's McHenry Flea Market, 3705 W. Elm Street, for a temporary use permit for a tent and live entertainment, in conjunction with a fundraiser for the St. Paul's Diaper Bank on October 27, 2013, from 11:00 am to 5:00 pm; I. Block Party; J. Special Use/Picnic Permits; K. August 5, 2013 City Council meeting minutes; L. As Needed Checks: APWA 70.00 AT&T 4,485.24 BLUE CROSS BLUE SHIELD 0 124,376.74 COMCAST CABLE 90.98 COMED 651.01 CUSTOM BUILT COMMERCIAL 31,753.42 FOP UNITS I/II 1,956.50 GEMPLER'S INC 127.20 HOME DEPOT CREDIT SERVIC 1,514.99 HOMESTEAD HOTEL 4,780.00 IACP 275.00 ILLINOIS RURAL WATER 94.00 IUOE, LOCAL 150 3,964.90 KIMBALL MIDWEST 378.50 MCHENRY POLICE OFFICER'S 924.00 MUNICIPAL CLERKS OF LAKE 30.00 NATIONAL GUARDIAN LIFE I 42.33 NCPERS GROUP LIFE INS. 208.00 PETTY CASH FUND 180.44 POSTMASTER MCHENRY IL 700.00 RESERVE ACCOUNT 1,002.59 SCIAME, RYAN 750.00 SECRETARY OF STATE / POL 101.00 STAPLES CREDIT PLAN 224.64 UNITED PARCEL SERVICE 79.96 UNITED WAY OF MCHENRY CO 182.00 US BANK EQUIPMENT FINANC 292.00 VERIZON WIRELESS 81.88 WATER WELL SOLUTIONS 37,784.25 GRAND TOTALS 217,101.57 FUND TOTALS GENERAL FUND 20,174.49 DEVELOPER DONATION FUND 31,753.42 WATER/SEWER FUND 40,602.97 EMPLOYEE INSURANCE FUND 124,376.74 INFORMATION TECHNOLOGY FUND 193.95 TOTALS 217,101.57 M. List of Bills: ACE HARDWARE, BJORKMAN'S 1,485.06 ACE TOWING & RECOVERY 77.00 ADAMS ENTERPRISES INC, R 542.46 ADAMS STEEL SERVICE INC 107.00 ADAMS, SAMANTHA 273.00 AFTERMATH INC 105.00 AHRENS, MALLORY 31.04 AIRGAS SAFETY INC 147.77 ALEXANDER EQUIPMENT COMP 2,779.26 AMELIO, ROBERT 305.50 AMERICAN BED 30.00 AMERICAN RED CROSS 325.00 AMERICAN WATER WORKS ASS 77.00 ANCHOR TOWING 150.00 ARAMARK 293.03 AT&T LONG DISTANCE 170.38 Regular Meeting Page 5 October 7, 2013 LAMZ, TYLER 106.21 LEACH ENTERPRISES INC 43.29 LISAFELD, JEFF 60.00 LISAFELD, MEGAN 85.00 LOEBLICH, JUDY 30.00 LUNSMANN, JOAN 22.26 MARATHON TOWING 150.00 MARRIOTT COURTYARD 198.00 MCANDREWS PC, THE LAW OF 5,175.00 MCAULIFF & SEMROW PC 1,087.50 MCCAFFERTY, SHAUN 76.82 MCCANN INDUSTRIES INC 3,127.66 MCHENRY ANALYTICAL WATER 775.00 MCHENRY COMMUNITY HIGH S 864.00 MCHENRY COMMUNITY SCHOOL 1,225.00 MCHENRY COUNTY CHIEFS OF 45.00 MCHENRY COUNTY COUNCIL 0 72.00 MCHENRY COUNTY PLANNING 150.00 MCHENRY FIRESTONE 912.47 MCHENRY POWER EQUIPMENT 45.50 MCHENRY PUBLIC LIBRARY 72.00 MCHENRY SPECIALTIES 130.00 MCMASTER-CARR SUPPLY CO 621.82 MEADE INC 835.80 MENDEZ LANDSCAPING & BRI 3,500.00 MEYER JR, DONALD 100.00 MEYER MATERIAL COMPANY 1,000.73 MID AMERICAN WATER OF WA 2,706.90 MINUTEMAN PRESS OF MCH 229.94 MORRIE AND SONS INC 50.00 MORRIS, MATT 21.50 MROZ, GREGORY 138.00 MULCH CENTER, THE 2,800.00 MUNIMETRIX SYSTEMS CORP 3,375.00 NATIONAL POWER RODDING C 4,265.00 NATURESCAPE DESIGN INC 296.70 NICOR GAS 718.48 NORTH SUBURBAN WATER 45.00 PETERSON, DWAYNE 207.00 PETROLIANCE LLC 19,069.06 PETTIBONE & CO, P F 5,168.93 PITEL SEPTIC INC 175.00 PRO PLAYER CONSULTANTS I 1,050.00 PROSHRED SECURITY 106.00 PSP-BROOKFIELD 341.95 RADICOM INC 85.00 RELIABLE MAINTENANCE INC 465.00 RELIABLE OFFICE SUPPLIES 322.84 REVCORE RADIATOR INC 240.00 REX AUTO BODY 424.85 RICOH USA INC 561.74 RNOW INC 82.79 ROC CONSTRUCTION SUPPLY 44.28 ROGERS, MATT 60.00 ROSE, JEFFREY T 525.00 SEXTON, ERIC M 23.88 SHAW MEDIA 116.60 SHERATON PHILADELPHIA DO 1,011.78 SHERMAN MECHANICAL INC 1,465.64 SHERWIN INDUSTRIES INC 2,332.39 SHUETT, DEBORA 6.78 SHUM, DONNA 127.00 SIEMENS WATER TECHNOLOGI 3,076.05 SIGN A RAMA GRAYSLAKE 97.70 SIRCHIE FINGER PRINT LAB 221.40 STANS OFFICE TECHNOLOGIE 795.17 STAPLES ADVANTAGE 851.67 STERWERF, JASON 46.00 r THELEN MATERIALS LLC 504.71 THOMPSON ELEVATOR INSPEC 75.00 Regular Meeting Page 7 October 7, 2013 i' FINANCE AND PERSONNEL COMMITTEE RECOMMENDATION TO CONSIDER THE REVOLVING LOAN FUND REQUEST FOR $34,000, SUBMITTED BY UTOPIAN ROAST, LLC D/B/A HIDDEN PEARL CAFE LOCATED AT 1208 NORTH GREEN STREET, Deputy City Administrator Martin informed Council that the revolving loan program provides low interest loans to qualified existing and prospective businesses within the City of McHenry. Loan proceeds can be used to assist in the startup of a new business, expand an existing business and update existing facilities to make the business more competitive, or provide an incentive for established businesses to relocate to the City. The primary goal of the program is job creation and the expansion of the sales tax and property tax base. Deputy City Administrator Martin reiterated to Council that in March 2010, Buddyz Chicago Pizzeria received a $75,000 loan to utilize at their location on Green Street. When the business was sold this year, the outstanding loan amount was satisfied with the City of McHenry. In November 2011, Epic Cycle and Fitness received a $25,000 loan to startup their business, which was formerly located on Main Street and is currently located on Front Street. The current available lending balance in the Revolving Loan Fund is approximately $86,000. If the loan request from Utopian Roast, LLC d/b/a Hidden Pearl Cafe is approved by Council, the underwriting terms would be nearly identical to those afforded to Buddyz and Epic Cycle, which include a five-year term with an interest rate equaling the prime rate, currently at 3.25%. Ms. Lisa Brand is requesting financial assistance in the amount of $34,000 to remodel the existing building at 1208 N. Green Street (formerly the Pink Door). Additionally, she will be using the funds to purchase equipment, furniture and fixtures and for working capital. Ms. Brand has taken classes in the United States and in Germany in cooking and baking and has had training as a barista and in interior design. Staff has been working with First National Bank, which has agreed to underwrite the loan. Deputy City Administrator Martin informed Council that the Finance and Personnel Committee considered the proposal and unanimously recommended forwarding the proposed Revolving Loan Fund request in the amount of $34,000, submitted by Utopian Roast, LLC d/b/a Hidden Pearl Cafe to the Council for their consideration. Alderman Schaefer clarified that the Revolving Loan Fund is not money that is given away by the City of McHenry, but is a loan that is underwritten by a Bank. Responding to Alderman Glab's inquiry about how much money the applicant is investing in the business, Deputy City Administrator Martin stated it is his understanding the applicant is investing somewhere around $20,000. Alderman Glab stated he would like to see a Guarantee signed by the applicant. City s Attorney McArdle stated that the lending Bank makes the call regarding what documentation is Regular Meeting Page 9 October 7, 2013 Commission and the City Council to request a use variance to allow the tattoo use permanently on the subject property. Alderman Condon opined that she was somewhat concerned that a sign was posted at the business prior to approaching Council; however, she noted that she is pleased to see the applicant now. Alderman Santi opined that the establishment is put together nicely. Alderman Glab expressed concern with the way the process is taking place and with the number of temporary permits the Council seems to be issuing. He stated he does not care for the location of the establishment. Alderman Glab stated he did not vote favorably for the other tattoo establishments and he will not support this establishment. Responding to Alderman Santi's inquiry about the canopy from the previous business, Deputy City Administrator Martin stated that the issue regarding the canopy is being addressed. Alderman Glab requested clarification regarding the motion. City Clerk Jones read the motion aloud to Council. A lengthy discussion ensued. Alderman Wimmer requested the Motion be called. Motion by Wimmer, seconded by Blake to call the motion. Voting Aye: Blake, Schaefer, Wimmer, Peterson, Condon. Voting Nay: Santi, Glab. Absent: None. Motion carried. Motion by Wimmer, seconded by Condon, approving the temporary use permit to allow a tattoo parlor at 3932 W. Main Street, conditioned upon the following: • applicant addresses the one outstanding item on the State of Illinois Body Art Establishment Inspection Form dated September 30, 2013; • applicant provides Staff with an approved form from the McHenry County Department of Health allowing the use of non -disposable tattoo equipment and permitting piercing; • prior to expiration of the temporary use permit on December 31, 2013, applicant must file an application and appear before the Planning and Zoning Commission and the City Council to request a use variance to allow the tattoo use permanently on the subject property. Voting Aye: Blake, Wimmer, Peterson, Condon. Voting Nay: Santi, Glab, Schaefer. Absent: None. Motion carried. Regular Meeting Page 11 October 7, 2013 The City's sign ordinance permits Buffalo Wild Wings two wall signs not to exceed 1.5 times the tenant frontage and one sign on the rear of the building, which must be no greater than 50% of the size of the sign on the front elevation and have the same appearance. Buffalo Wild Wings' tenant frontage is 84 feet, allowing them a total of 126 sf. of signage to be split between two wall signs, which in this instance are the east (front elevation) and south elevation (corner elevation). The rear elevation, in this case, is the western fagade. Buffalo Wild Wings' sign proposal meets the sign ordinance, with the exception the proposed sign on the western (rear) elevation is different from the sign on the eastern (front) elevation and by ordinance the rear sign must have "the exact same appearance as the tenant's main business sign on the front fagade." Staff believes due to architectural features on the building the proposed sign design for the front, or eastern, elevation would not fit into the building's rear, or western fagade design. Staff has no issue with applicant's request and recommends a variance from the sign ordinance for the design of the rear sign on an outlot building to be different than the design of the front sign be granted to Buffalo Wild Wings, located at 3343 Shoppers Drive. Motion by Schaefer, seconded by Blake, approving a sign variance for the property located at 3343 Shoppers Drive (Buffalo Wild Wings). Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low had no Statement or Report. COMMITTEE REPORTS Alderman Blake informed Council that there would be a Public Works Committee meeting on Tuesday, October 15, 2013 at 5:00 pm in the Alderman's Conference Room. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS Alderman Peterson requested clarification about the portable "bag type" dumpsters. He inquired whether the City had any authority over that type of dumpster when it is left on the grass at a location over a lengthy period of time. Deputy City Administrator Martin stated that it is the property owner's responsibility to call and have the dumpster removed; however, they are not to be positioned on a parkway. Alderman Peterson opined he has no issue if they