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
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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
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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.
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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.
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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.
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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
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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.
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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.
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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