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HomeMy WebLinkAboutMinutes - 11/01/2004 - City Council REGULAR MEETING NOVEMBER 1, 2004 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, November 1, 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, Chief of Police O'Meara, Director of Parks and Recreation Merkel, Director of Community Development Napolitano, Director of Public Works Marcinko, Director of Finance Kline. Absent: None. PRESENTATION: RIVERBEND LIMITED PARTNERS SNOWMOBILE CLUB Mr. Andronowitz, representing the Riverbend Limited Partners Snowmobile Club, expressed appreciation to the City for their cooperation during the event. He thanked City Staff, including the Police Department and the McHenry Township Fire Protection District. Mr. Andronowitz indicated a portion of the proceeds would be given to the McHenry Citizens Police Academy. He presented a $1,000 donation to Director Merkel of the City of McHenry Park and Recreation Department and provided Mayor Low with a logo t,shirt. Mayor Low expressed support for the event. She indicated that she attended and found it enjoyable and entertaining stating she has received only positive feedback. Mayor Low stated she hopes to see the race become on annual event. TEN MINUTE PUBLIC INPUT SESSION Cheryl Howe, a resident at 2018 Oak, addressed Council. She stated a City of McHenry Police Officer treated her poorly in October. Ms. Howe informed Council she wrote a letter to the City regarding the incident, but has received no response. She inquired about whether her issues with the Police Officer are being investigated and requested the City advise her regarding resolution of the incident. City Administrator Maxeiner informed Ms. Howe he would look into the matter and contact her. CONSENT AGENDA Alderman Condon requested Item A, Resolution establishing 2005 City Council Meeting Schedule, be revised to indicate the regular City Council meeting scheduled on October 31, 2005 be rescheduled to October 24, 2005 to accommodate parents with children on Halloween. There was consensus among Council to change the date of the October 31, 2005 regular City Council meeting to Monday, October 24, 2005. Motion by Bolger, seconded by Wimmer, to approve the Consent Agenda as -,� amended: November 1, 2004 Page 2 A. Amended Resolution establishing 2005 City Council Meeting Schedule; B. Police Department Resolution: Adoption of National Incident Management System; C. Request to Advertise for Bids: Construction of Water/Sanitary Sewer System in Hunterville Park Subdivision; D. Award of Bid: Purchase of Police Department Video Dispatch Console to Radicom; E. Award of Bid: Purchase of Police Department Communications Center Workstation Furniture to XYBIX Systems Inc.; F. Request to Advertise for Bids: Municipal Center CCTV Security System; G. Request for Temporary Signage: "Christmas in Johnsburg" Craft Bazaar; and H. Request for final payment: Construction of Seawall and Sidewalk to Herlihy Mid-Continent Co. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR FENCE VARIANCE—3018 ARBOR DRIVE Mayor Low informed Council that this item has been removed from the Agenda as the applicants, Gerald and Courtney Hamilton, owners of the property at 3018 Arbor Drive, are unable to attend. REQUEST FOR TRANSFER OF CLASS G2 LIQUOR LICENSE — WINDHILL PANCAKE PARLOR, INC. Mayor Low informed Council that additional information is required from the Applicant prior to the transfer of the Class G2 Liquor License. She stated that this item would be removed from the Agenda for consideration at a future Council meeting. REQUEST FOR SIGN VARIANCE—ALDI'5. 1742 NORTH RICHMOND ROAD Director of Community Development Napolitano informed Council that a letter has been received from Terrence J. Doyle, on behalf of ALDI Foods located at 1742 N. Richmond Road. Mr. Doyle is requesting a variance to allow a freestanding sign for the store to attract customers who may be unaware that ALDI Foods is located in the shopping center. Pursuant to the City's regulations, ALDI is allowed only wall signs because they are considered a tenant in a shopping center. ALDI currently has two wall signs on the building's west fagade and north fagade, consisting of 76 sf. each, totaling 152 square feet. Director Napolitano stated that ALDI received a variance in 1997 to allow the second wall sign on the north fagade, because at the time the City's sign regulations allowed only one November 1, 2004 Page 3 wall sign. He noted that under the current code ALDI is allowed two wall signs and a total square footage of 198 sf., 1.5 sf. per foot of building frontage. Director Napolitano stated that ALDI proposes to install a freestanding monument sign, approximately 50 sf. in size and 10-feet 4-inches in height, along the Richmond Road frontage. The sign would be located between the shopping center directory sign and the Applebee's sign. Director Napolitano noted ALDI is located at the southeast corner of the shopping center, which makes it difficult to see from the road, particularly by traffic traveling north on Richmond Road. Staff does not recommend approval of the request. According to the shopping center management firm, ALDI is permitted identification on the shopping center directory sign. ALDI chooses not to locate a sign on the directory because the white letters and red background are not in keeping with the blue and gold ALDI's corporate logo. Director Napolitano reiterated to Council that Applebee's was granted a variance in 2002 for a freestanding sign. However, Applebee's does not have identification on the directory sign. He noted that while ALDI is setback from the road, it is setback no more than any other inline store in the shopping center and no other inline store has a freestanding sign. Permitting a freestanding sign for ALDI could set an undesirable precedent. Mr. Doyle addressed Council pleading for consideration of the freestanding sign. Alderman Murgatroyd indicated he does not support ALDI's request. ALDI has the opportunity to use the shopping center signage and has chosen not to do so. Alderman Wimmer agrees with Staffs conclusions and recommendation to deny the freestanding sign. Alderman Condon and Alderman Bolger stated they concur with Alderman Murgatroyd and Alderman Wimmer. Alderman Glab indicated he supports ALDI's request for a freestanding sign based on the fact that a freestanding sign was approved for Applebee's. Motion by Murgatroyd, seconded by Glab, to approve ALDI Foods request for a sign variance to permit a freestanding sign for the premises located at 1742 North Richmond Road. Voting Aye: Glab, Peterson. Voting Nay: Bolger, Low, Murgatroyd, Wimmer, Condon. Absent: None. Motion denied. REQUEST TO RENEW PERMIT FOR OFF-SITE ADVERTISING SIGNS — BOONE CREEK SUBDIVISION Director of Community Development Napolitano informed Council that in October of �.- 1998 the Boone Creek Venture partners Gerstad Builders and American Heritage Builders November 1, 2004 Page 4 received Council approval for two 8-foot by 8-foot signs to advertise the Boone Creek Subdivision. The signs are currently located at the northwest corner of Crystal Lake Road and Bull Valley Road, and at the southeast corner of Route 120 and draper Road. Director Napolitano stated the signs were approved on the condition that the applicant would obtain Council approval to renew the sign permit on an annual basis. Applicants are requesting Council consider approval of the signs for a seventh year. Director Napolitano indicated a single-family portion of the Boone Creek Subdivision, west of Boone Creek, is nearly built out. He stated the City issued the last permit for a single-family home in September of this year. Staff recommends the sign permits be renewed until October 1, 2005, or within 14-days after issuance of an occupancy permit for the last single-family home in the Boone Creek Subdivision west of Boone Creek, whichever comes first. Alderman Murgatroyd opined he would be more comfortable waiting until the developer presents the final signage to Council for consideration, prior to making a decision regarding the matter. Motion by Condon, seconded by Bolger, to approve the renewal of the Boone Creek Venture sign permits, as amended, until July 1, 2005, or, within 14-days after issuance of an occupancy permit for the last single-family home in the Boone Creek Subdivision west of Boone Creek, whichever occurs first. — Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR ZONING MAP AMENDMENT AND A VARIANCE TO ALLOW MULTIPLE BUILDINGS ON LOTS 1-4—MCHENRY CITY CENTRE BUSINESS DARK In attendance were Mark Towne, Managing Partner of Oak Orleans LLC, Attorney Neal Anderson and Architect John Swierk of Direct Design. Mr. Towne provided background information on the business park. He stated the property was purchased in 1970 by his family. In 1990 he platted the property as a business park with light industrial zoning. Mr. Towne indicated that for the most part the business park has developed in a sequential manner. However, he stated there has been some difficulty marketing Lots 1 through 4, because of topography and existing foliage. Mr. Towne informed Council he is seeking a map amendment to reclassify Lots 1 through 4 to RM-1, Multi-Family Residential. Additionally, he is requesting that Council consider a variance to permit multiple buildings on a zoned lot. Mr. Towne stated that should Council approve the map amendment and grant the variance, it is his intention to construct townhomes on the site. The units would be owner-occupied and sell for approximately $250,000, November 1, 2004 Page 5 Mr. Swierk addressed Council stating the proposed project is similar to the Kresswood Home Subdivision on Bull Valley Road. Alderman Murgatroyd expressed surprise the Applicant has made the request for the Zoning Map Amendment at such a late date. Alderman Condon concurred with Alderman Murgatroyd. A lengthy discussion ensued regarding the proposed project. Responding to an inquiry, Director Napolitano informed Council that the Planning and Zoning Commission, at a Public Hearing held on October 7, 2004, recommended denial of zoning map amendment to RM-1. Additionally, the Planning and Zoning Commission, recommended denial of a variance to permit multiple buildings on a zoning lot for Lots 1 through 4 of Block 3 of McHenry City Center Business Park. City Attorney McArdle explained that Council would need to approve the variance with a 2/3 majority vote, due to the negative recommendation of the Planning and Zoning Commission. Motion by Murgatroyd, seconded by Wimmer, to approve a Zoning Map Amendment from 1-1, Industrial to RM-1, Low-Density Multi-Family Residential in order to construct 28 townhome dwelling units on Lots 1 through 4 of Block 3 of the McHenry City Center Business Park. Voting Aye: None. Voting Nay: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Absent: None. Motion failed. Motion by Murgatroyd, seconded by Condon, to approve a variance to allow multiple buildings on a zoning lot for Lots 1 through 4 of Block 3 of McHenry City Center Business Park. Attorney Neal Anderson requested that the motion be withdrawn in order that the Applicant would have the opportunity to restructure the request and approach Council at a later date. Following Mayor Lows acknowledgement of Mr. Anderson's request, Alderman Murgatroyd and Alderman Condon agreed to withdraw the motion. The Motion was withdrawn. ENGINEERING SERVICES AGREEMENT FOR SERVICES RELATING TO THE NORTH ROUTE 31/ROUTE 120 INTERSECTION , IMPROVEMENTS PROJECT — SMITH ENGINEERING CONSULTANTS INC. Director of Public Works Marcinko reiterated to Council that in the 2004/2005 Five -�. Year Capital Improvements Plan (CIP), the Illinois Route 120 and Route 31 (Richmond November 1, 2004 Page 6 Road) Intersection Improvements project was included in the 2008/2009 year. He --L indicated the project consists of widening Richmond Road between Washington Street and Illinois Route 120, and renovating and improving approximately 1,800 feet of Illinois Route 120 including significant intersection improvements. The Public Works Department Staff has started due diligence for the planning phase of the project and requested a proposal for engineering services from Smith Engineering Consultants, Inc. (SEC) to begin the preliminary stages of design for the project. Director Marcinko stated that from a funding perspective, the City has secured $1,000,000 in Surface Transportation Program (STP) funding and $2,540,000 in Congestion Mitigation and Air Quality (CMAQ) funding for engineering and construction of the project. He noted original cost estimates of the project are approximately $5.3 million. Director Marcinko stated the scope of work in the proposed Engineering Services Agreement includes a topographic and boundary survey to establish the existing conditions and develop the preliminary intersection geometry. Additionally, SEC would assist the City in obtaining Illinois Department of Transportation (IDOT)funding. While the project is tentatively planned for 2008, Staff is bringing this matter before Council to begin the process of land acquisition and condemnation, which typically takes two years. Director Marcinko noted once land acquisition is complete, design engineering for the improvements would begin. Director Marcinko noted at the October 11, 2004 Public Works Committee meeting the Committee unanimously recommended approval of the proposed Engineering Services Agreement from SEC, providing Staff has identified a funding source. Staff proposes using unspent allocations for the Edgebrook Drainage Phase II improvements, which are sufficient to cover the engineering services for the project. Motion by Murgatroyd, seconded by Condon, to accept the recommendation of the Public Works Committee, to approve the Engineering Services Agreement submitted by Smith Engineering Consultants, Inc. for preliminary engineering and surveying services for the Illinois Route 31 (Richmond Road) and Illinois Route 120 intersection improvements, in an amount not to exceed $25,810.65. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR—STATEMENT AND REPORT Mayor Low announced the Jaycee's Toys for Tots Parade and annual Christmas Walk on Sunday, November 14, 2004. COMMITTEE REPORTS Chairman Alderman Peterson informed Council a Parks and Recreation Committee November 1, 2004 Page 7 meeting is scheduled on Wednesday, November 3, 2004 at 7:00 p.m. in the Aldermen's Conference Room. STAFF REPQRTS There were no Staff reports. FUTURE AGENDA ITEMS Alderman Glab brought forth the need for additional handicap parking spaces in front of Windhill Pancake. EXECUTIVE SESSION: POTENTIAL LITIGATION Motion by Bolger, seconded by Glab, to adjourn to Executive Session to discuss Potential Litigation at 8:42 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Executive Session convened at 8:48 p.m. Motion by Bolger, seconded by Glab, to return to Open Session at 9*06 p.m. ` Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 9:06 p.m. ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 9:07 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 9:07 p.m. MAYOR CITY CLERK