HomeMy WebLinkAboutMinutes - 11/29/2004 - City Council REGULAR MEETING
NOVEMBER 29, 2004
The Regular Meeting of the McHenry City Council was called to order by Mayor Low
at 7:30 P.M. on Monday, November 29, 2004 in the Council Chambers of the Municipal
Center. At roll call the following Aldermen were present: Bolger, Glab, Low, Murgatroyd,
.� Wimmer, Peterson and Condon. Absent: None. City Staff in attendance were: City
Administrator Maxeiner, City Attorney McArdle, City Clerk Jones; Director of Parks and
Recreation Merkel, Assistant Director of Public Works Fink, Director of Finance Kline,
Chief of Police O'Meara, Director of Community Development Napolitano. Absent:
Director of Public Works Marcinko.
TEN MINUTE PUBLIC INPUT SESSION
No one spoke at the Ten Minute Public Input Session.
CONSENT AGENDA
Motion by Murgatroyd, seconded by Wimmer, to approve the Consent Agenda as
presented:
A. Request to connect to Police Alarm Panel from McHenry County Glass and
Mirror;
B. IDOT Resolutions regarding abatement of bond issuance and use of Motor Fuel
Tax funds;
C. Ordinance authorizing the donation of surplus equipment;
D. Ordinance amending Municipal Code Chapter 16 relating to fees for non-
resident use of City park and recreation facilities;
E. CALEA General Order Revision; and
F. City Council Minutes:
a. May 24, 2004 regularly scheduled meeting;
b. June 7, 2004 regularly scheduled meeting; and
c. November 15, 2004 regularly scheduled meeting.
Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: Glab.
Absent: None.
Motion carried.
REQUEST FOR MINOR VARIANCE OF SIDE YARD SETBACK - 806 SOUTH PEARL
AVENUE, CHRISTOPHER PARA
Director of Community Development Napolitano informed Council that Christopher
Para, applicant and resident at 806 South Pearl Avenue, has requested a minor variance
to allow a reduced side yard setback of 5 feet, rather than the required 7.1 feet. He noted
the applicant proposes to expand the existing attached garage and put a fourth bedroom
above the garage addition.
Director Napolitano stated that due to the placement of the home on the lot favoring
the north property line, the applicant is unable to meet the required side yard setback of
.� 7.1 feet. Staff noted no concerns with the applicant's request as the variance would have
no impact on the character or appearance of the area.
November 29, 2004
Page 2
Director Napolitano noted the Planning and Zoning Commission at a Public Hearing .1
held on November 18, 2004 unanimously recommended approval of a variance to allow a
north side property line setback of 5 feet to permit the expansion of the existing garage,
with the stipulation that there would be a bedroom addition requiring a second story to the
garage.
Motion by Wimmer, seconded by Condon, to accept the unanimous
recommendation of the Planning and Zoning Commission to approve an ordinance
granting a 2.1-foot variance to allow a 5-foot side yard set back on the north property line
of the property located at 806 South Pearl Avenue to permit the expansion of the existing
garage, with the stipulation that there would be a bedroom addition requiring a second
story to the garage.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR CONDITIONAL USE TO PERMIT A CHILD DAY CARE FACILITY AT
2214 W. ROUTE 120
Director of Community Development Napolitano informed Council that applicant,
Francine Maze d/b/a A Child's Place, is requesting a Conditional Use Permit to allow a
child daycare facility at 2214 West Route 120. Director Napolitano indicated the proposed
use would occupy 5,800 square feet of the multi-tenant building that is currently under
construction on the site.
Staff opined having a daycare facility at the proposed location would benefit the
majority of the commuters who travel east on Route 120 on the way to work. The required
use would require less parking and generate substantially less traffic than a typical
commercial use. Staff noted no environmental nuisance would be created from the
proposed use and opined it would fit harmoniously with the adjacent properties, particularly
the subdivision to the north. Staff indicated no concerns with the requested Conditional
Use.
Director Napolitano noted that the Planning and Zoning Commission at a Public
Hearing held on November 4, 2004 unanimously recommended approval of the
Conditional Use Permit to allow a child day care facility at 2214 West Route 120, with the
condition that all requirements of the Department of Children and Family Services are met
and a license is obtained prior to an occupancy permit being issued.
Motion by Murgatroyd, seconded by Condon, to accept the unanimous
recommendation of the Planning and Zoning Commission and to direct Staff to prepare an
ordinance approving a Conditional Use Permit to allow a child day care facility at 2214 --
West Route 120, subject to:
• all requirements of the Department of Children and Family Services being met; and
• a day care license is obtained prior to an occupancy permit being issued.
November 29, 2004
Page 3
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR SIGN VARIANCE FROM NORTH GATE WEST COMMERCIAL
DEVELOPMENT LOCATED AT NORTH ROUTE 31
Director Napolitano reiterated to Council that in October 2003, Council granted sign
variances for the Northgate West Commercial Development. The variances allowed the
following:
• Two freestanding entrance signs for the development; and
• A second wall sign for each tenant in the proposed commercial building on Lots 8-
20 Schaid Court.
Director Napolitano stated the variances were approved with the condition that the
only other freestanding signs allowed on Lots 1 and 21 be limited to 30 square feet in size
and 6-feet in height, and that the wall signs have the same color. As the work on the site
has progressed, the design of one of the development entrance signs has changed. Due
to the change of sign design from the one originally approved by Council, Staff felt it was
appropriate to bring the new design back to Council for review and approval.
Director Napolitano noted the sign originally approved by Council was 25' in height
and 202 square feet in size. The proposed sign is also 25' in height, but slightly larger
than the original sign at 232 square feet. The major differences in the appearance are:
• The top of the sign;
• The bottom of the sign; and
• The addition of an electronic changeable message board.
Staff expressed concern about the nature of the proposed message board and
recommends a condition be placed on the approval of the new sign to prohibit flashing or
blinking on the electronic message board. Director Napolitano stated that the proposed
sign, while larger than the previously approved by 30 square feet, still falls within the
maximum allowable square footage of 250 square feet.
Motion by Bolger, seconded by Wimmer, to accept Staffs recommendation to
approve a proposed sign variance at the North Gate West Commercial Development on
the west side of State Route 31, provided that the conditions placed on the previous
approval are still applicable, namely:
• To permit two free-standing development entrance signs, including one which is 25'
in height and 232 square feet in area; and
• To permit a second wall sign for each tenant in the proposed commercial building
on Lots 8-20 on Schaid Court, with a maximum 2' high capital letters, 1.5' high small
letters; all letters to be blocked, all one color, and uniform along the rear of the
building, no logos to be included.
November 29, 2004
Page 4
Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson.
Voting Nay: Glab. ^--
Abstain: Condon.
Absent: None.
Motion carried.
REQUEST FOR EXTENSION OF TEMPORARY USE FOR MODULAR BUILDING
MERCY HEALTH SYSTEM CORP.
Director Napolitano informed Council that in November 2003 Council granted
approval of a temporary use to Mercy Health System for a 2,700 square foot modular
building. The modular building is currently being used as a doctor's office and provides
Mercy a presence on the site while the new medical building is being constructed. Director
Napolitano noted the temporary use was allowed for one year, expiring on December 1,
2004, subject to the condition that if the building was not completed, the applicant would
appear before Council to request an extension.
Director Napolitano indicated that Mercy was granted a building permit on
September 24, 2004. Construction is underway on the facility with completion expected at
the end of June 2005. Staff has received no complaints regarding this temporary facility
and recommends approval of the extension until November 30, 2005, or within fourteen
days after an occupancy permit is approved for the new building, whichever comes first.
Motion by Wimmer, seconded by Bolger, to accept Staffs recommendation to
approve a request for extension of temporary use for the modular building on Lot 1 of the
Professional Plaza Subdivision as requested by Mercy Health System.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson.
Voting Nay: None.
Abstain: Condon.
Absent: None.
Motion carried.
REQUEST FOR VARIANCE TO ALLOW NEW SIGN PACKAGE - CENTEGRA
NORTHERN ILLINOIS MEDICAL CENTER
Director Napolitano informed Council that Centegra Northern Illinois Medical Center
is in the process of re-branding their facility in McHenry. In order to maintain a consistent
corporate image and identity, Centegra will be updating all signs on their campus.
Because there are multiple buildings on the campus providing multiple functions and due
to the numerous parking areas, a multitude of signs are required to adequately provide
identification and direction.
Director Napolitano noted the most visible changes would be the freestanding signs
at the entrances to the site on Route 31 and Bull Valley Road, and the wall sign that is
located on the south upper building face.
Motion by Bolger, seconded by Condon, to accept Staffs recommendation to i
approve variances to allow a new sign package for Centegra Northern Illinois Medical
Center, as submitted.
November 29, 2004
Page 5
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
ORDINANCE ANNEXING LOT 16, BLOCK 3 IN THE HUNTERVILLE PARK
SUBDIVISION
City Administrator Maxeiner reiterated to Council that at the October 11, 2004
meeting Council approved an ordinance annexing the Hunterville Park Subdivision to the
City of McHenry. The annexation was complete with the exception of Lot 16 in Block 3,
commonly known as 3011 Mourine Lane. City Administrator Maxeiner informed Council
that during the notification process, the owners effectively avoided service. Consequently,
the property was removed from the original Petition. The lot is now surrounded by the City
and can be forcibly annexed to the City of McHenry. A notice was published in the
Northwest Herald and the owner has been served notice, via both regular U.S. mail and
certified mail. A Public Hearing is not required for this annexation due to the process
followed previously through the county court system.
Staff is recommending Council approve an Ordinance annexing Lot 16 in Block 3 of
the Hunterville Park Subdivision.
Motion by Murgatroyd, seconded by Peterson, to accept Staffs recommendation to
approve an ordinance annexing Lot 16 in Block 3 of the Hunterville Park Subdivision,
commonly known as 3011 Mourine Lane.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
DESIGNATION OF CONSERVATION EASEMENT ADJACENT TO WETLANDS ON
PETERSEN PARK HISTORIC FARM
Director of Parks and Recreation Merkel informed Council that the City of McHenry
underwent drainage improvements at Althoff Park in 2000 and 2002 in an effort to
eliminate ponding of water on and near the playing fields. The Army Corps of Engineers
took exception to the extension of the existing drainage tile at the location and sent a letter
of violation to the City. In the letter the Army Corps provided two choices to the City to
resolve the issue:
• The City could remove the tile extensions; or
• The City could provide improvements to a defined wetland area elsewhere in the
City.
The Army Corps identified a 100' conservation easement adjacent to the delineated
wetlands on Petersen Farm that would meet the request of the Army Corps for the violation
at Althoff Park. The 100' buffer area would be recorded as a conservation easement on
the east and south side of the wetland area. Director Merkel noted the buffer area is along
November 29, 2004
Page 6
McCullom Lake Road on the south and borders the oak savanna on the east.
-t
Motion by Peterson, seconded by Wimmer, to accept Staffs recommendation to
approve the Army Corps of Engineers' request to establish and designate an additional
100' conservation easement adjacent to the wetland on the Petersen Park Historic Farm.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR—STATEMENT AND REPORT
Mayor Low announced the annual Christmas tree lighting ceremony would take
place on Saturday, December 4, 2004 at 4:00 p.m. in the Whispering Oaks Park across
from Fort McHenry. Mayor Low encouraged everyone to attend, noting that refreshments
would be served following the ceremony.
COMMITTEE REPORTS
There were no Committee Reports.
STAFF REPORTS
Alderman Condon requested that Council be provided with meeting minutes in a
more timely manner. '
FUTURE AGENDA ITEMS
Alderman Bolger suggested a Proclamation praising Kit Carsten's efforts with
regard to various civic endeavors.
ADJOURNMENT
Motion by Wimmer, seconded by Condon, to adjourn the meeting at 7:49 p.m.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Th Meeting was adjourned at 7:49 p.m.
- MAYOR CI CLER