VILLAGE OF HUNTLEY COMMITTEE OF THE WHOLE May 21, 2009 MINUTES

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1 VILLAGE OF HUNTLEY COMMITTEE OF THE WHOLE May 21, 2009 MINUTES CALL TO ORDER: A meeting of the Committee of the Whole of the Village of Huntley was called to order on Thursday, May 21, 2009 at 7:00 p.m. in the Municipal Complex, Village Board Room, Main St., Huntley, Illinois ATTENDANCE: PRESENT: Mayor Charles H. Sass, Trustees: Pam Fender, Jay Kadakia, Niko Kanakaris, Harry Leopold, Paul Mercer, and John Piwko. ABSENT: None IN ATTENDANCE: Village Manager David Johnson, Senior Assistant to the Village Manager Lisa Armour, Management Assistant Barbara Read and Village Attorney Mike Coppedge. PLEDGE OF ALLEGIANCE: Mayor Sass led the Pledge of Allegiance. PUBLIC COMMENTS: None PRESENTATIONS: Mayor Sass read the following: PROCLAMATION HONORING POPPY DAY May 22, 2009 WHEREAS, America is the land of freedom, preserved and protected willingly and freely by Citizen Soldiers; and WHEREAS, millions who have answered the call to arms have died on fields of battle; and WHEREAS, one bright color on the shell torn fields and hills of war-torn areas of France in 1917 and 1918 was the little, red poppy; and WHEREAS, remembrances of the bright red flowers returned to America with our boys; and WHEREAS, the poppy was first chosen as the American Legion s memorial flower in 1921 and was worn in memory of the men who lost their lives in World War I; and WHEREAS, the poppy thus became the symbol of the dead, their memorial flower, and the sign that the high ideals for which brave young men gave their lives, still live, and are honored; and WHEREAS, a nation at peace or at war must be reminded of the price of war and the debt owed to those men and women who have died in war; and COW 1

2 WHEREAS, the American Legion and the American Legion Auxiliary has pledged to remind Americans annually of this debt through the distribution of the Memorial Flower ; NOW THEREFORE, BE IT RESOLVED that I, Charles H. Sass, Village President, and the Board of Trustees of the Village of Huntley, McHenry and Kane Counties do hereby proclaim May 22, 2009 as Poppy Day. We ask that all citizens pay tribute to those who have made the ultimate sacrifice in the name of freedom by wearing the Memorial Poppy on this day. ITEMS FOR DISCUSSION: a) Discussion Approval of May 28, 2009 Bill List in the amount of $567, Mayor Sass reported that included in the agenda packet was the May 28, 2009 Bill List. The Bill List has been reviewed by Staff. All is in order for Village Board approval at this time. Mayor Sass asked the Committee if there were questions. There were none. It was the consensus of the Committee of the Whole to forward on to the Village Board for approval the May 28, 2009 Bill List in the amount of $567, b) Discussion Approval of Ordinance (O) Granting an Exemption from the Provisions of the Sign Ordinance for Walmart Tenant Signage, Route 47 Mayor Sass reported that the Development Services Department is in receipt of a request from Woodforest National Bank to install a wall sign on the exterior of Walmart, Route 47. The proposed sign requires relief from Section (A) of the Sign Ordinance which limits the size of wall signs to not exceed one square foot for each lineal foot of frontage of a tenant space. The term Frontage is defined as the exposed face of a building which faces the right-of-way(s), which incorporates the business, establishment, or occupancy exposed within that face of the building. Woodforest National Bank occupies a tenant space within Walmart, but does not have any exterior building frontage and is therefore not allotted square footage for a wall sign. This is also the case for the other tenants located within the Walmart facility. The proposed Woodforest National Bank wall sign measures 9-10½ in length and 2-0 in height (19.75 square feet) and would be installed to the left (north) of the Home & Living entrance. Thus far, Woodforest National Bank is the only tenant to request a sign on the exterior of the building; however, in speaking with a Walmart representative, Staff has learned that Walmart would also allow Subway to install an identical sign on the exterior of the building. The Walmart representative stated that Woodforest and Subway are the only tenants that have permission to install signs on the exterior of the building, subject to Village approval, because it was negotiated in their leases COW 2

3 If the Village Board grants approval of the required relief for the Woodforest National Bank wall sign, Staff recommends that the same criteria be allowed for the installation of a wall sign for Subway (except that the Subway sign would be located to the right (south) of the Market and Pharmacy entrance). Recommended Conditions of Approval 1. The relief requested by Woodforest National Bank shall also apply to a future Subway wall sign if requested by Subway. Subway wall signage shall be similar in design and shall not exceed the square footage allowed for the Woodforest National Bank wall sign. 2. The petitioner shall obtain a sign permit from the Development Services Department prior to installing signs. Mayor Sass asked if the Committee had questions. There were none. It was the consensus of the Committee of the Whole to forward on to the Village Board approval, Ordinance (O) Granting an Exemption from the Provisions of the Sign Ordinance for Walmart Tenant Signage, Route 47 c) Discussion Referral of Rezoning for Proposed Goodwill Store, Lot 10 (and portion of Lot 9) of the Kishwaukee Center Industrial Park to the Plan Commission and Zoning Board of Appeals to begin the formal development review process Senior Assistant to the Village Manager Lisa Armour reviewed a Power Point presentation and reported that the petitioner has presented a conceptual site plan for a Goodwill Store to be located within the Kishwaukee Center Industrial Park on Kreutzer Road. In order to accommodate Goodwill, the subject site must be rezoned from M Manufacturing to B-2 Highway Service with a Special Use Permit for a secondhand store, and Lots 9 and 10 of the Kishwaukee Business Center must be resubdivided. Lot 9 would remain zoned M Manufacturing. The proposed site plan includes a 14,685 square foot building and 55 parking spaces (53 spaces required). A donation drop-off lane with canopy would be located on the east elevation of the building. The truck loading bays, trash compactor and trash enclosure are proposed at the northeast corner of the building. The petitioner has not provided building elevations at this time, but has been provided with the Village s Commercial Design Guidelines. As presented, the proposed site plan will require the following relief: Required Relief Required for B-2 Zoning Provided Minimum Lot Size (sf) 5,000 64,915 Minimum Lot width (ft) Rear Building Setback (ft) Front Parking Setback (ft) 10 7 Motorcycle Parking COW 3

4 The proposed plan will require the following review and approvals by the Plan Commission, Zoning Board of Appeals and Village Board: Rezoning from M Manufacturing to B-2 Highway Service Plat of Resubdivision Special Use Permit for Secondhand Store Relief to reduce the required rear yard setback to 11 feet, reduce the required front parking setback to 7 feet, and not provide 2 motorcycle parking spaces. Ms. Armour introduced Mr. Ryan Trottier from PAR Development who presented additional information to the Committee of the Whole regarding the petitioner s submittal: The building size has been modified from a 14,685 to 15,000 square foot building. Parking spaces have been increased from 55 to 58 (53 spaces are required). 10,000 square feet from Lot 9 will be used for the development. Left and right turn lanes from Kreutzer Road into the site have been added. Goodwill Industries anticipates $1.5 - $2.0 million in sales per year at this location. The architectural details are not yet determined; however, masonry products will be use. Mayor Sass asked if the Committee had questions. Trustee Leopold asked if Goodwill had a 501(c)3 status to which Mr. Trottier stated that they do; however, the Village would receive property taxes for this location. Trustee Kadakia asked about the location of water and sewer to which Mr. Trottier stated that water and sewer is already located on the property. Trustee Kadakia also asked about the nearby well in respect to the detention ponds. Village Manager Johnson stated that the well is inactive and not affected. There were no further questions from the Committee. It was the consensus of the Committee of the Whole to forward on to the Village Board for approval the Referral of Rezoning for Proposed Goodwill Store, Lot 10 (and portion of Lot 9) of the Kishwaukee Center Industrial Park to the Plan Commission and Zoning Board of Appeals to begin the formal development review process d) Discussion Concept Review of Clear Channel Billboard, Northeast Corner of Route 47 and Kreutzer Road Village Manager Johnson reported that the petitioner has presented a concept plan to construct a 60'-6" tall digital billboard at the intersection of Route 47 and Kreutzer Road. The sign would be constructed at the northeast corner of the intersection and would feature a 10'-6" by 36' digital display facing south (visible to Route 47 northbound traffic) and a 10'-6" by 36' static display facing north (visible to Route 47 southbound traffic) COW 4

5 The petitioner has offered the Village use of the digital display for 5% of the available advertising space. Clear Channel would also offer the use of the digital display to local emergency agencies for Amber Alerts and other emergency messages. Additionally, the petitioner is offering a $7,500 annual permitting fee for the sign. In accordance with Section of the Sign Ordinance, signs that move and/or flash are prohibited signs (the digital sign would change advertisements regularly). Furthermore, signs which advertise a business not conducted on the premise or a product no longer sold on the premise are prohibited signs, with the following exceptions: Off-Premise signs shall require an Off-Premise Sign Permit as provided in the Sign Ordinance, provided the following standards and criteria are adhered to: a) The sign is adjacent to, and the sign is intended to be viewed from Route 47 only. b) Off-Premise Signs prohibited within Residentially-zoned Property. c) The maximum area of a sign face, whether a single face or two back-toback signs or a V-shaped type sign is 100 square feet. d) The maximum height of the sign shall not exceed 15 feet above grade. e) Off-Premise Signs shall not be erected or maintained in such a place or manner as to obstruct or otherwise physically interfere with an official traffic control device or a railroad safety signal or sign, or to obstruct or physically interfere with a driver s view of approaching, merging or intersecting traffic for a distance of 500 feet. f) The Off-Premise Sign Permit shall be valid for one year with an automatic renewal at the discretion of the Village Board. The Off- Premise Sign Permit may be rescinded by the Village Board on a caseby-case basis. The following table compares the proposed billboard to the Sign Ordinance s Off-Premise Sign standards and criteria: Standard / Criteria Proposed Must be intended to be viewed from Route 47 only Prohibited within a Residentially zoned Property Maximum sign area = 100 sf Maximum height = 15 feet Sign shall not obscure traffic control device or a railroad safety signal, or obstruct or physically interfere with a driver s view of approaching, merging or intersecting traffic for a distance of 500 feet. Off-Premise Sign Permit shall be valid for one year with an automatic renewal at the discretion of the Village Board. The Off-Premise Sign Permit may be rescinded by the Village Board on a case-by-case basis. Intended to be viewed from Route 47 only Zoned B-3 Shopping Center Business 756 sf (656 sf difference) 60'-6" (45'-6" difference) Sign does not appear to obstruct a driver s sight line The cost of constructing and installing the billboard will make it difficult to require removal COW 5

6 Mr. Ryan Trottier from PAR Development, Edward Marcin and Jeff Vebber from Clear Channel distributed an information packet and reviewed a Power Point with the following information: The sign would be located at the northern portion of the property at the lowest point on the property. The copy would change on the digital side of the billboard once every 10 seconds. Sensors regulate the brightness of the sign. The Village would be allowed to use the digital side of the sign for 5% of the available time. Public service and safety announcements would also be posted on the digital side of the sign. Mayor Sass asked if the Committee had questions for the petitioner. Trustee Leopold asked how often the static side of the sign would change. The petitioners stated that it would change every 60 days. They also noted that the static side was no longer a paper sign but vinyl material is currently used. Trustee Leopold asked for a clarification of the Village use of 5%. The petitioners stated that the Village would be given 5% of the time. Of the 360 ads per day, the Village will get 18. Trustee Leopold stated that, if allowed, the permit language must contain wording to revoke the permit with cause and there needs to be a basis of determining the annual lease payment amounts. Trustee Kanakaris asked why both sides of the sign are not digital. The petitioners stated that there is not enough demand but will consider it in the future. Trustee Fender stated that she received three consistent comments regarding the digital sign from residents: 1) it will look too trashy; 2) the Village is not receiving enough fees to allow this; and 3) it is a bad location for this type of sign. Trustee Fender asked if this corner could not be developed because of the Kishwaukee. Village Manager Johnson stated that there is opportunity for a small development but the site has some challenges. Trustee Fender stated that she does not want inappropriate types of information on the sign. Village Manager Johnson stated that the Village may not have any legal right to consider the types of advertising allowed. The petitioner stated that they do not allow anything in bad taste and will provide their regulations to the Village. Trustee Kadakia asked what the procedure was to quickly change the digital copy to put emergency information on the screen. The petitioners stated that there is a Digital Manager who is responsible to change the information and that this can be done at any time remotely. Mayor Sass asked what the typical length of a lease is to which Mr. Trottier stated that they are typically between years in length. Mayor Sass stated that $7,500 per year is not enough for the Village and he also stated that the long term lease is also a problem COW 6

7 Village Attorney Coppedge was asked what the Village s options might be to get out of the lease. Village Attorney Coppedge stated the Village would have two options: (1) if the Village had an agreement with Clear Channel that specified terms and conditions of the lease and Clear Channel violated those terms and conditions, the lease could be terminated; or (2) if there was not an agreement with Clear Channel and the Village required the sign to be removed prior to the end of the lease period, this would likely be considered a taking of the property and Clear Channel would be entitled to a potentially significant amount of money to compensate for the taking and lost advertising revenue. Trustee Piwko stated that he researched the company and all of their listings are on expressways and not on interior streets. Trustee Piwko stated that locating a large, digital sign on this corner would be distracting to drivers. For visual purposes, Trustee Piwko noted that the 60 foot height of the sign is one-half the size of the Village s water towers. The petitioner stated that because of the location, the reading level going north on Route 47 would be about 48 feet above street grade and going south on Route 47 would be about 45 feet above street grade. Mayor Sass asked if there were additional questions; there were none. This agenda item was for concept review only and no action was taken. e) Discussion Approval of Resolution (R) Authorizing an Engineering Services Agreement/Christopher B. Burke Engineering, Ltd. (CBBEL) Proposal for Professional Design Engineering and Construction Observation Services for the 2009 Local Agency Pavement Preservation (LAPP) Project Kreutzer Road from the UPRR Right-of-Way to Smith Drive (West) Village Manager Johnson reported that at the April 9, 2009 Village Board meeting, the Village Board discussed two (2) options for the limits of the Kreutzer Road resurfacing project, funded in part by the American Recovery and Reinvestment Act (ARRA). The Village Board directed staff to pursue Option 2 with project limits from the UPRR right-ofway to Smith Drive (West). This project is scheduled for a July 31, 2009 IDOT letting and to be completed in the Fall, Christopher B. Burke Engineering, Ltd. (CBBEL) has submitted a proposal for Professional Design Engineering Services for the project. The scope of work includes preparation of plans, specifications, estimate and contract documents in accordance with IDOT and federal guidelines. Also included is construction engineering including materials testing, field inspection, federally-required documentation, preparation of pay estimates and final acceptance. Staff met with CBBEL to discuss a reduction in their fee for the work to help offset the Village s cost for the project. CBBEL agreed to reduce the cost by 23%, with a not-to-exceed proposal of $48, to complete this work COW 7

8 This work is proposed to be budgeted through a budget amendment substituting the subject Kreutzer Road improvement project, for the Phase II engineering for the Kreutzer Road/ Route 47 to Main Street STP project which is currently in Phase I engineering. Mayor Sass asked if the Committee had questions. There were none. It was the consensus of the Committee of the Whole to forward on to the Village Board for approval Resolution (R) Authorizing an Engineering Services Agreement/Christopher B. Burke Engineering, Ltd. (CBBEL) Proposal for Professional Design Engineering and Construction Observation Services for the 2009 Local Agency Pavement Preservation (LAPP) Project Kreutzer Road from the UPRR Right-of-Way to Smith Drive (West) f) Discussion Approval of Payment Request No. 2 Era Valdivia Contractors, Inc. for Tower No. 2 Rehabilitation - $139, Mayor Sass reported that on September 25, 2008, the Village Board of Trustees awarded Era Valdivia Contractors, Inc., the contract to rehabilitate and repaint Water Tower No. 2. The contract amount awarded was $381, The project is funded out of the Water Equipment Replacement Fund, which had a beginning fund balance of $400,300.00, budget line item number Era Valdivia Contractors Inc. started work on March 9 th and is now requesting partial payment for work performed and materials purchased through April 30, In the opinion of the Village s Project Engineer, Strand Associates, Inc., the amount due and payable to Era Valdivia Contractors, Inc. in accordance with the terms of the construction contract documents for this project is $139, Payout Work Performed Less 10% Retainage Deduct * Extra Date Approved Amount Approved #1 $72, $7, /14/09 $65, #2 $155, $15, Proposed $139, Funds paid to date including proposed is $205, Awarded contract amount of $381, minus payouts to date, $205,488.00, leaves an outstanding balance of $175, Mayor Sass asked if the Committee had questions. Trustee Fender asked if this project is on hold while the color change is being considered. Village Manager Johnson stated that it was on hold. There were no other questions COW 8

9 It was the consensus of the Committee of the Whole to forward on to the Village Board for approval Payment Request No. 2 Era Valdivia Contractors, Inc. for Tower No. 2 Rehabilitation - $139, g) Discussion New Village Entry Signs Management Assistant Barbara Read reported that as part of the 2009 Annual Budget, $10,000 was approved to proceed with design options for the replacement of Village Entry Signs. Staff contacted the firm which designed and fabricated all of the Park District Signage at the parks including the new Tomaso Sports Park sign unveiled last week. The company also designed and fabricated the James C. Dhamer Town Square sign. The company, Openwood Studios Inc., did not charge the Village for the design. The total cost for six, 6 ft. single-sided signs to be installed by Public Works crews is $16, Town and Country Homes, the builder of the Cider Grove subdivision, is responsible for providing a new entry sign near their development; therefore, they will reimburse the Village $2, The $10,000 allocated for the design of the signs as well as the $2, from Cider Grove leaves a balance of $4, to be taken from the beautification line item to pay for the new entry signs. The 2009 budget included $20,000 for beautification programs. For a cost comparison, the existing signs were purchased by the Village in 2000 for a cost of $10,000. Entry signs are currently installed and proposed to be installed at the following locations: Route 47 (northbound) Route 47 (Talamore) West Main Street (eastbound) Reed Road (Southwind) Huntley Road (Cider Grove) Algonquin Road (Centegra) Mayor Sass asked if the Committee had questions. Trustee Leopold asked if the maintenance of the signs would be by the Village. Village Manager Johnson stated that yes; it would be the Village s responsibility. Trustee Mercer stated that he would like The Friendly Village with Country Charm be added to the sign face. Trustee Fender stated that she liked the look of the signs and would like one added in the downtown. Village Manage Johnson stated that the Downtown Revitalization study will be looking into signage. Trustee Kadakia asked what kind of paint is used on the signs. Village Manager Johnson stated that staff will contact the sign company for that information COW 9

10 Trustee Piwko asked if there was a donation from Talamore. Village Manager Johnson stated that Talamore provided an easement for an entry sign. It was the consensus of the Committee of the Whole for staff to provide a revised design that includes The Friendly Village with Country Charm and information regarding the type of paint used VILLAGE ATTORNEY S REPORT: Village Attorney Coppedge reported that the litigation with Horizon is over and the lawsuits were dismissed today. VILLAGE MANAGER S REPORT: Trustee Leopold asked about the ComEd Northwest Reliability Project and ComEd beginning the condemnation process. Trustee Leopold asked if Staff has any idea how many properties ComEd is condemning. Village Manager Johnson stated that the Village was told that there are multiple properties. Trustee Leopold asked for an update on discussions with The Estate Jewelry and Antiques. Village Manager Johnson stated that the discussions are in very preliminary stages but that staff has reiterated the Village Board s direction. Trustee Leopold stated that the landscaping on Route 47 south of Regency has no topsoil yet. Village Manager Johnson stated that they have not yet finished. Staff continues to work with the contractor. Trustee Mercer asked if they had a deadline to which Village Manager Johnson stated that Merryman should be done by June 1 st and Rubloff has exceeded its completion date. VILLAGE PRESIDENT S REPORT: Mayor Sass reported that the bond closing was completed on Wednesday, May 20 th and the lawsuits were dismissed. Village offices will be closed on Monday, May 25 th for Memorial Day and the Memorial Day Parade will kick-off at the Municipal Complex at 11 a.m. on Monday and travel to the Legion Home. Mayor Sass also reported that IDOT s 5-Year Highway Improvement Program includes $16.6 million for the Interchange and the Senate passed a Capital Plan that includes the Route 47 Widening project. Trustee Leopold asked if the $16.6 million is enough; Village Manager Johnson stated that the amount would cover IDOT s share. Trustee Leopold also asked who will be the lead agency for the Interchange Construction to which Village Manager Johnson stated it is the Illinois State Highway Toll Authority. Trustee Mercer asked for the status of the Intergovernmental Agreements for the Interchange project. Village Manager Johnson reported that previously IDOT wanted to hold off on the completion of the IGA until funding was available; now, the IGA discussions will resume. UNFINISHED BUSINESS: None NEW BUSINESS: None COW 10

11 EXECUTIVE SESSION: A motion was made at 8:21 p.m. to enter into Executive Session for Contractual purposes. MOTION: Trustee Leopold SECOND: Trustee Piwko The motion carried unanimously. A motion was made at 8:29 p.m. to exit Executive Session. MOTION: Trustee Kanakaris SECOND: Trustee Leopold The motion carried unanimously. ACTION ON CLOSED SESSION ITEM: None ADJOURNMENT: There was a MOTION made to adjourn the meeting at 8:30 p.m. MOTION: Trustee Kanakaris SECOND: Trustee Leopold Motion carried unanimously. Respectfully submitted, Barbara Read Recording Secretary COW 11