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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