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HomeMy WebLinkAboutMinutes - 11/04/2013 - City CouncilREGULAR MEETING November 4, 2013 Mayor Low called the regularly scheduled November 4, 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, Deputy City Administrator Hobson, Director of Public Works Schmitt, Chief of Police Jones, City Attorney McArdle, Engineer Pieper and City Clerk Jones. Absent: Director of Finance Lynch. PUBLIC HEARING: OAKS AT IRISH PRAIRIE SUBDIVISION AMENDMENT TO ANNEXATION AGREEMENT. Mayor Low opened the Public Hearing at 7:30 pm and announced that the Public Hearing regarding the proposed amendment to the Oaks at Irish Prairie Subdivision Annexation Agreement is continued and will be heard at the City Council meeting on November 18, 2013. Mayor Low requested a motion to continue the Public Hearing to November 18, 2013. Motion by Wimmer, seconded by Schaefer to continue the Public Hearing for the Oaks at Irish Prairie Subdivision Amendment to Annexation Agreement to November 18, 2013. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ACTION TAKEN IN PUBLIC HEARING FOR OAKS AT IRISH PRAIRIE SUBDIVISION AMENDMENT TO ANNEXATION AGREEMENT Action on this matter will be taken at the Council meeting on November 18, 2013. PRESENTATION: CHARACTER COUNTS! RECOGNITION AWARD Mayor Low introduced Alderman Condon, President of the CHARACTER COUNTS! Coalition. Alderman Condon requested Ms. Madeline Wille and Mr. Carl Vallianatos, Vice Principal at McHenry High School West Campus, come to the front of the room. Alderman Condon stated that it is a privilege to recognize and honor a member of the community, particularly a student that displays the pillars of CHARACTER COUNTS! Alderman Condon presented Ms. Wille with an award recognizing her outstanding character. Mr. Villianatos informed the Council and members of the audience that Ms. Wille is currently a sophomore at McHenry West Campus. There developed a serious issue among some of the students on campus and Madeline Wille's personal convictions resulted in swift action being taken to address and resolve the issue. Regular Meeting Page 2 November4, 2013 Mayor Low announced that Ms. Wille's actions were meaningful not only to her fellow students but members of the community as well. PUBLIC INPUT SESSION Ms. Stacy Gende, 3313 Venice Avenue, addressed the Council. Ms. Gende stated that she and her neighbors understand that the community needs to be connected; however, she is disappointed that construction has begun to open Venice Avenue. She opined that Venice Avenue is not a road, but a driveway and that making a road of Venice Avenue would cause parking issues and safety issues to the residents because of blind drives. Ms. Gende stated that residents of a subdivision should be contacted prior to major projects beginning. Ms. Gende requested a hold be put on the project. CONSENT AGENDA A. Request from the McHenry Garden Club for permission to host the annual Holiday Floral Extravaganza at McHenry West Campus on December 3`d from 7:00 pm to 10:00 pm; waiver of all associated fees; and a variance from the sign ordinance to allow temporary advertising signs in right-of-ways at 12 locations throughout town; B. Request from Riverside Area Business Association to allow: 1. Special uses and events in Veterans Memorial Park, temporary advertising signs in rights -of -way and, waiver of all associated fees for the annual Downtown Christmas Walk on November 16th and November 17th from 2:00 pm to 8:30 pm; and 2. Allow the temporary closure of Main Street, Green Street, Riverside Drive and Broad Street beginning from 1:00 pm to 3:00 pm and Park and Court Streets from 12:00 pm to 3:00 pm, to facilitate the annual Toys for Tots Parade on Sunday, November 17, 2013; C. Direct Staff to submit a petition to the Illinois Commerce Commission to permit the construction and maintenance of an at -grade pedestrian crossing (approved by the City Council on June 17, 2013), at the Union Pacific Railroad tract on McCullom Lake Road; D. September 16, 2013 City Council meeting minutes; and E. List of Bills: 1110 GREEN LLC 32,947.84 A G PLUMBING & HEATING I 150.00 ADAMS ENTERPRISES INC, R 530.40 ADAMS STEEL SERVICE INC 8.00 ADAMS, RUSSELL 106.99 ADVANCED AUTOMATION AND 3,000.00 ADVANTAGE EAP 2,145.00 AMELIO, ROBERT 329.00 AT&T 2,933.03 B&W CONTROL SYSTEMS INTE 6,350.50 BAKER & SON CO, PETER 7,471.38 BEGGS, KEVIN 489.55 BEHM PAVEMENT MAINTENANC 29,999.84 BERANEK, CHRIS 261.02 BERKHEIMER CO INC, G W 26.70 BPMS SOFTWARE 397.00 BRENNAN, DAN 1,120.00 BUSS FORD SALES 460.26 CDW GOVERNMENT INC 598.01 CENTEGRA OCCUPATIONAL HE 142.10 CHICAGO INTERNATIONAL TR 960.81 COMMUNICATIONS REVOLVING 10.00 CRESCENT ELECTRIC SUPPLY 1,061.68 CURRAN MATERIALS COMPANY 1,083.97 CUSTOM LANDSCAPING 520.00 DOCUMENT IMAGING DIMENSI 800.46 DODGE, SARAH 23.63 DREISILKER ELECTRIC MOTO 262.32 DURA WAX COMPANY INC, TH 266.82 Regular Meeting Page 3 November 4, 2013 ED'S RENTAL & SALES INC 210.00 EJ EQUIPMENT 258.64 FAMILY TAILOR SHOP 55.00 FIORE, CLARISSA 126.00 FISCHER BROS FRESH 1,155.88 FOX VALLEY FIRE & SAFETY 1,234.50 FOXCROFT MEADOWS INC 133.50 GARAVENTA USA INC ANTIOC 948.84 GOLF ACADEMY AT TERRA CO 865.00 GOODMARK NURSERIES LLC 3,135.00 GREVE, CODY 92.00 HARM'S FARM 311.00 HAWKINS INC 2,926.22 HOME DEPOT CREDIT SERVIC 2,037.06 HRGREEN 26,038.64 HUFFMAN, WILLIAM W 1,860.00 HYDRAULIC SERVICES AND R 79.00 INDUSTRIAL CHEM LABS 243.46 INTERSTATE ALL BATTERY C 143.28 ISA 250.00 J G UNIFORMS INC 141.79 JIMS MCHENRY AUTO BODY 1,181.04 KIESLER'S POLICE SUPPLY 1,833.12 KIMBALL MIDWEST 524.23 KIWANIS CLUB OF MCHENRY 190.00 L&S ELECTRIC INC 1,615.00 LANG-CADILLAC-BUICK-GMC 119.99 LEACH ENTERPRISES INC 448'.02 LOCKE, MEL 1,930.00 MARCH, CATHY 25.00 MCANDREWS PC, THE LAW OF 5,175.00 MCAULIFF & SEMROW PC 975.00 MCCAFFERTY, BRITTANY 492.00 MCCANN INDUSTRIES INC 1,128.89 MCHENRY ANALYTICAL WATER 135.00 MCHENRY COUNTY COUNCIL 0 74.00 MCHENRY COUNTY GLASS & M 135.00 MCHENRY FIRESTONE 740.00 MEYER JR, DONALD 200.00 MEYER MATERIAL COMPANY 251.25 MID AMERICAN WATER OF WA 158.30 MIDWEST HOSE AND FITTING 30.53 MORITZ, SHERRIE 80.76 MORRIE AND SONS INC 190.00 NICOR GAS 879.98 NORTHWEST ELECTRICAL SUP 132.00 PETERSON, DWAYNE 276.00 PETROLIANCE LLC 13,548.14 PETTIBONE & CO, P F 3,033.80 PSP-BROOKFIELD 305.81 RADICOM INC 29.70 REILLY, JACOB A 50.00 RELIABLE OFFICE SUPPLIES 474.50 REX AUTO BODY 984.74 ROC CONSTRUCTION SUPPLY 322.08 ROTARY CLUB OF MCHENRY 223.00 SECRETARY OF STATE 6.00 SHERMAN MECHANICAL INC 308.13 SHERWIN INDUSTRIES INC 182.00 ST PAULS EPISCOPAL CHURC 349.80 STANARD & ASSOCIATES INC 790.00 STAPLES ADVANTAGE 129.02 STAPLES CREDIT PLAN 166.23 SUNNYSIDE COMPANY 207.94 THELEN MATERIALS LLC 161.91 TONYAN & SONS INC, WILLI 9,970.00 TRAFFIC CONTROL & PROTEC 1,424.50 UNITED PARCEL SERVICE 33.49 US BANK EQUIPMENT FINANC 292.00 VALLEY VIEW ACRES 85.00 Regular Meeting Page 4 November4, 2013 VELODYNE VELOCITY DYNAMI VIKING CHEMICAL COMPANY WASTE MANAGEMENT OF WI P WATER PRODUCTS - AURORA WATER TOWER CLEAN & COAT WI STATE LABORATORY OF H WILSON NURSERIES INC XYLEM WATER SOLUTIONS US ZIMMERMAN, BOB GRAND TOTALS FUND TOTALS GENERAL FUND ALARM BOARD FUND MOTOR FUEL TAX FUND TIF FUND WATER/SEWER FUND RISK MANAGEMENT FUND INFORMATION TECHNOLOGY FUND RETAINED PERSONNEL ESCROW TOTAL 517.03 11,638.04 9,840.81 1,478.79 8,100.00 108.00 175.00 531.09 55.90 221,363.88 99,547.04 1,234.50 18,472.62 32,947.84 62;695.68 3,140.88 1,830.80 1,494.52 221,363.88 Motion by Wimmer, .seconded by Schaefer, to approve the Consent Agenda as presented. Alderman Glab inquired why the project in Item C is moving forward when details regarding the project have not been seen. Director Schmitt informed the Council that the petition is a preliminary requirement in order to initiate the project. Responding to Alderman Glab's inquiry regarding the necessity of sidewalks around the entire project, City Administrator Morefield responded that the sidewalks are part of the petition and approval of the petition must be in place not to fall behind in the entire project. Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. COMMITTEE RECOMMENDATION TO APPROVE A REQUEST TO DESIGNATE THE CORNER OF GREEN STREET AND MAIN STREET AS "HONORARY GEORGE P. FREUND WAY" Deputy City Administrator Martin informed the Council that thirteen honorary street sign applications have been approved since the inception of the program in 2005. To be considered, the proposed honoree is required to meet the following criteria: • Historical/cultural influence on the City; • Significant lineage or family ties to the City; • Clear geographical relationship of street to the area of interest of the applicant; • Known to be of good moral character; and • A clearly defined community or public contribution made by the honoree. Regular Meeting Page 5 November 4, 2013 An application has been submitted on behalf of George P. Freund by Bob, Michael and George M. Freund. George P. Freund was born in 1897 in McHenry and lived most of his life on Green Street. He operated a farm implement and tractor sales business on Crystal Lake Road across from Main Street. Mr. Freund served the public in many different capacities, including as a member of the library and McHenry Hospital boards. He also served as an alderman, from 1935 to 1938, and as Mayor of McHenry from 1949 —1961. His three sons also call the City of McHenry home. Deputy City Administrator Martin informed Council that the Freund family is requesting approval of a resolution designating the corner of Green Street and Main Street as "Honorary George P. Freund Way." . Staff believes the criteria for approval of an honorary street sign has been satisfied. The request was considered by the Public Works Committee on October 15, 2013 and the Committee unanimously agreed with Staff's opinion and directed the matter be brought before full Council for consideration. Alderman Condon opined that Mr. Freund was indeed a committed citizen to the City of McHenry. Alderman Santi stated that the honor is well -deserved. Alderman Glab and Alderman Schaefer concurred. Motion by Condon, seconded by Blake, approving the request to designate the corner of Green Street and Main Street as "Honorary George P. Freund Way." Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR SIGN VARIANCES FROM THE FOUNTAIN SHOPPES AT 325-333 N. FRONT STREET TO ALLOW TWO ADDITIONAL WALL SIGNS AND UP TO FOUR FACE CHANGES ANNUALLY WITHOUT REQUIRING A NEW SIGN PERMIT FOR 325 N. FRONT STREET AND A SIGN VARIANCE FOR 333 N FRONT STREET, TO ALLOW AN ADDITIONAL 1.14 SQ. FT. WALL SIGN Deputy City Administrator Martin informed Council that the owner of Steffan's Jewelers, Suzanne Cannon, is requesting variances from the sign ordinance to allow two additional wall signs. The signs would be permanently affixed to the two center pillars. One of the signs would be located on the front tower of the entryway to Steffan's Jewelers and contain images and words related to jewelry and product sold within the store. Ms. Cannon is seeking the ability to periodically remove and replace the content of the sign with different jewelry -related images, approximately four times per year. The structure and supports of the sign would remain in place and only the images would be switched out. Each of the different sign's faces utilized would be 94"x 86" or approximately 56.14 square feet. Regular Meeting Page 6 November4, 2013 Deputy City Administrator Martin stated that the second sign would be affixed to the pillar at the entryway of the vacant unit north of Steffan's Jewelers. The proposed sign would be the same size as the one on the adjacent pillar and be utilized to advertise the Fountain Shoppes Shopping Center as a whole, until such time a tenant wishes to locate in the currently vacant unit. At that time the sign would be utilized as a wall sign for the new tenant. Staff believes the proposed signs are aesthetically pleasing and would complement the existing lettered wall sign and enhance the appearance of the center. The two proposed signs on the center pillars would provide the center with a uniform appearance, while not adding more visual clutter. Both proposed signs are the same size and style, providing a consistent uniform view from the street. Responding to Alderman Condon's request that the sign in front of Steffan's always be jewelry related and the other sign related to the business that resides in the currently vacant tenant space, Ms. Cannon provided assurance to Council that that is her intent. Responding to an inquiry from Council, Ms. Cannon stated that the lights in the signs will go out when the lights at the store go out at approximately 11:00 pm. Mayor Low opined that the signs are a wonderful idea at a lovely spot. Motion by Condon, seconded by Santi, approving a sign variance to the Sign Ordinance be granted for the Fountain Shoppes Shopping Center to allow two additional wall signs and to allow up to four face changes annually, without requiring a new sign permit for the property located at 325 N. Front Street and a sign variance for 333 N. Front Street to allow an additional 11.14 square foot wall sign. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR A BUDGET AMENDMENT IN THE TOURISM FUND FOR $3,400; AWARD BID TO CARMICHAEL CONSTRUCTION FOR DESIGN, CONSTRUCTION AND INSTALLATION OF A REPLACEMENT COMMUNITY SIGN ON ROUTE 120, FOR AN AMOUNT NOT TO EXCEED $48,000; AND, APPROVE A VARIANCE FROM THE SIGN ORDINANCE TO ALLOW AN OFF -SITE ADVERTISING SIGN IN A RESIDENTIAL ZONING DISTRICT AND TOTAL CHANGEABLE COPY Deputy City Administrator Hobson reiterated to Council that at the October 7, 2013 City Council meeting, Council authorized Staff to advertise for bids for the replacement of .the existing community sign located in front of Whispering Oaks Park. He noted that the existing sign is aging rapidly, the exchangeable letter sign is cumbersome and it limits the amount of weekly messages displayed. The proposed sign would be a full -color electronic board. Regular Meeting Page 7 November 4, 2013 Council approved $45,000 from the Tourism Fund in the Fiscal Year 2013/2014 budget for this particular expenditure. Bids were opened on October 29, 2013. The apparent low bidder is Carmichael Construction at $48,400. A budget amendment in the amount of $3,400 in the Tourism Fund would be required. Deputy City Administrator Hobson noted that a sign variance to the Zoning Ordinance would be required prior to construction of the new sign. Staff requests Council authorize a variance to allow an off -site advertising sign in a residential zoning district and allow total changeable copy. If Council approves the request, construction for the sign would begin fall/winter 2013. Responding to an inquiry from Council, Mr. Hobson stated that the sign would be 11 feet high and 11 feet wide. Responding to Alderman Glab's inquiry regarding how often the information would be changed, Mr. Hobson stated that it would depend on how many community events were taking place and how many requests the City received from advertisers. Mr. Hobson assured Council there would be no flashing lights on the sign. Responding to an inquiry from Alderman Schaefer regarding control of the signage, Mr. Hobson stated that the sign would be controlled off -site. Alderman Blake opined that it sounds as if this new sign will be a great way to get information out to the community. Motion by Santi, seconded by Schaefer, approving a budget amendment in the Tourism Fund for $3,400; award bid to Carmichael Construction for design, construction, and installation of a replacement community sign on Route 120, for an amount not to exceed $48,400; and, approval of a variance from the sign ordinance to allow an off -site advertising sign in a residential zoning district and total changeable copy. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH HR GREEN FOR KNOX DRIVE EXTENSION PHASE II ENGINEERING FOR A LUMP SUM AMOUNT OF $26,962.75 Director of Public Works Schmitt reiterated to Council that at the August 29, 2013 Council meeting, Council approved an Intergovernmental Agreement (IGA) with the McHenry County Department of Transportation (MCDOT) for the extension of Knox Drive, between Municipal Drive and Miller Road. The Agreement outlines the timetable for design and construction of Knox Drive to coincide with the Miller Road Improvements. The City will open Regular Meeting Page 8 November4, 2013 and maintain an escrow account for funds received from the adjacent property owners and the County. The City will invoice the County for the use of escrow funds to finance the design engineering, construction engineering and construction for the portion of Knox Drive Extension the City is responsible for. Beginning on May 1, 2015, the City would reimburse the County in equal annual payments, over three years, for the cost of the project over the amount of the funds received from the adjacent property owners. HR Green submitted a Professional Services Agreement for the Knox Drive Extension Phase II Engineering for the lump sum amount of $26,962.75. Professional services provided in the Agreement include topographic survey, utility coordination, project coordination/meetings, drainage design, contract plans and documents. Director Schmitt stated the project is scheduled to begin in spring 2014. Staff is requesting the approval of the Professional Services Agreement for the Knox Drive Extension Phase II Engineering with HR Green, Inc, for the lump sum amount of $26,962.75. Motion by Wimmer, seconded by Condon, approving the Professional Services Agreement with HR Green for Knox Park Extension Phase II Engineering in the lump sum amount of $26,962.75. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 14, SEC. 65, WEAPONS, REGARDING THE PROHIBITION OF HUNTING WITH ALL TYPES OF BOW DEVICES IN THE CITY LIMITS Deputy City Administrator Martin informed Council that over the past couple of years, Staff has dealt with the issue of persons bow hunting in various areas of the City, particularly on large open parcels of land in close proximity to Boone Creek and Fox Ridge Park. Hunting is not permitted in the City's Zoning Ordinance. Additionally, the Municipal Code generally addresses the discharge of firearms within the City, but the existing code language, which has been in place for many years, needs to be updated and amended to clearly reflect the prohibition of the discharge of any type of firearm. Furthermore, the code does not specifically address the use of any type of bow device and this has been questioned by people seeking to hunt within the boundaries of the City of McHenry. Staff is working with the City Attorney regarding the proposed amendments to the Ordinance. Motion by Wimmer, seconded by Santi, approving the Ordinance amending Article III, Weapons, of the Municipal Code. Regular Meeting Page 9 November 4, 2013 Voting Aye: Voting Nay: Absent: Motion carried. Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. None. None. MAYOR STATEMENT AND REPORT Mayor Low thanked the McHenry Jaycees for the Haunted House program during the Halloween season. She stated it and the Haunted Hayride done by the Wonder Lake Ski Team were both well -attended events. Mayor Low referenced the letter from attorney Mark Daniel requesting the City Council reconsider the denial of a use.variance to his client TitleMax of Illinois and requested the City Attorney address the matter. City Attorney McArdle noted that in Mr. Daniel's letter he expressed dissatisfaction with the Council's decision on October 21, 2013 and was requesting the Council reconsider the matter. Attorney McArdle explained that it is Council's decision whether or not to reconsider the matter and, from a procedural standpoint, any motion and second for reconsideration would have to be made by members of the Council who voted with the majority on October 21't. In addition, if adopted by the Council the matter would be required to be remanded to the Planning and Zoning Commission for another public hearing. Attorney McArdle informed Council that if no motion for reconsideration is made, or there is no second, the subject is closed. No one on the Council made a motion for reconsideration. COMMITTEE REPORTS Alderman Condon informed Council that there would be a Community Development Committee meeting on November 12, 2013 at 7:00 pm in the Alderman's Conference Room. Alderman Peterson informed Council that there would be a Parks and Recreation Committee meeting on November 11, 2013 at 5:00 pm in the Alderman's Conference Room. STAFF REPORTS Deputy City Administrator Hobson informed Council that the Christmas Walk would be held on Saturday, December 16, 2013 and Sunday, December 17, 2013 and the Toys for Tots Parade would be held on Sunday, November 24, 2013. FUTURE AGENDA ITEMS There were no Future Agenda Items. Regular Meeting Page 10 November4, 2013 ADJOURNMENT Motion by Wimmer, seconded by Blake, to adjourn the meeting at 8:20 pm. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 8:20 pm. Major i c.e 00, City Clerk