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HomeMy WebLinkAboutMinutes - 02/09/2004 - City Council REGULAR MEETING FEBRUARY 9, 2004 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, February 9, 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, Assistant Administrator Lockerby, City Attorney McArdle, Deputy City Clerk Kunzer, Director of Public Works Marcinko, Director of Parks and Recreation Merkel, Chief of Police O'Meara, Director of Community Development Napolitano, Director of Finance Kline. Absent: City Clerk Jones. TEN MINUTE PUBLIC INPUT SESSION Diana Mantzoros of 1904 Oak Drive addressed Council regarding the recently passed resolution in support of Metra services expansion in McHenry. Ms. Mantzoros expressed her dismay with Metra's proposed expansion of services which would cause increased train traffic through Petersen Park. She opined the City would experience a tragedy similar to the Fox River Grove bus accident. Ms. Mantzoros stated her opposition to the extension of Metra tracks to Johnsburg. She further noted she has written to all elected representatives at the City, County, State and Federal level. CONSENT AGENDA Motion by Murgatroyd, seconded by Condon, to approve the Consent Agenda as presented: • Request for final payment for test well drilling to Layne Western; • City Council Executive Session Minutes as follows: October 15, 2001 February 4, 2002 May 6, 2002 July 15, 2002 September 16, 2002 September 30, 2002 April 14, 2003 June 2, 2003 June 16, 2003 July 14, 2003 September 3, 2003 September 15, 2003 • As- Needed Checks as follows: GENERAL FUND AFLAC 1,648.92 APWA 125.00 CONDELL HEALTH CARE FOUN 35.00 FINA 1,394.40 FIRST MIDWEST BANK 4,711.57 FOP UNITS I/II 1,699.50 GOVERNMENT FINANCE OFFIC 80.00 HOME DEPOT/GECF 1,919.24 HOSPICE OF NORTHEASTERN 35.00 ILLINOIS ASSOC OF CHIEFS 200.00 ILLINOIS DEPARTMENT OF 658.00 IMRF 68,512.49 NATIONAL GUARDIAN LIFE I 123.83 NCPERS GROUP LIFE INS. 255.00 PETTY CASH FUND 169.01 POSTMASTER MCHENRY IL 1,700.27 PUBLIC WORKS/PARKS ASSOC 657.00 February 9, 2004 Page 2 SAM'S CLUB 117.86 SBC GLOBAL SERVICES INC 264.94 UNITED PARCEL SERVICE 120.51 UNITED STATES LIFE INSUR 1,023.30 WALMART COMMUNITY BRC 509.04 CAPITAL IMPROVEMENTS FUND LASALLE BANK NA 2,500.00 MCHENRY COUNTY TREASURER 121,600.00 WELTER, LEROY 100.00 WATER/SEWER FUND HOME DEPOT/GECF 575.11 MCHENRY COUNTY RECORDER 50.00 NORTH SUBURBAN WATER 45.00 UNITED PARCEL SERVICE 20.03 UNITED STATES LIFE INSUR 145.80 UTILITY IMPROVEMENTS FUND JETCO LTD 108,064.17 EMPLOYEE INSURANCE FUND BENEFIT SYSTEMS 6 SERVIC 23,111.70 RETAINED PERSONNEL ESCROW MCHENRY COUNTY RECORDER 222.00 POLICE PENSION FUND UNITED PARCEL SERVICE 14.72 GRAND TOTALS 342,408.41 FUND TOTALS GENERAL FUND 85,959.88 CAPITAL IMPROVEMENTS FUND 124,200.00 WATER/SEWER FUND 835.94 UTILITY IMPROVEMENTS FUND 108,064.17 EMPLOYEE INSURANCE FUND 23,111.70 RETAINED PERSONNEL ESCROW 222.00 POLICE PENSION FUND 14.72 GRAND TOTALS 342,408.41 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR SIGN VARIANCE— OBERWEIS DAIRY, 2318 N RICHMOND ROAD In attendance was Dominic Fracasso of Speedi Signs, contracted to install the proposed Oberweis Dairy signs at 2318 North Richmond Road. Director of Community Development Napolitano stated Oberweis Dairy is seeking a sign variance to permit two wall signs having a total area of 99 square feet as follows: West elevation "Oberweis" 49.50 square feet North elevation "Oberweis" 49.50 square feet. Director Napolitano noted Oberweis is permitted two wall signs having a combined area of 51 square feet. The second sign on the north fagade would allow for better visibility for southbound traffic on Route 31. It is Staffs recommendation to approve the request for variance. Alderman Murgatroyd suggested all sign variances should be reviewed and considered by Council when a development is first presented for consideration. He noted the piecemeal presentation of sign variances is not the best way to approve variances for a given project. February 9, 2004 Page 3 In response to Alderman Wimmer's inquiry, Director Napolitano stated the requested variance is similar to those previously granted to Starbucks, Blimpie,s and Mattress Giant. Alderman Petersen inquired if the petitioner would also require signage on the east elevation. Mr. Fracasso responded in the negative. Motion by Condon, seconded by Peterson, to accept Staffs recommendation to approve a request for variance by Oberweis Dairy, located at 2318 North Richmond Road, to allow two wall signs as follows: West elevation °Oberweis" 49.50 square feet North elevation "Oberweis" 49.50 square feet. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR AMENDMENT TO CONDITIONAL USE PERMIT DUNKIN DONUTS/BASKIN ROBBINS 4500 WEST ELM STREET Director Napolitano stated Council on May 5, 2003 approved an ordinance granting a conditional use permit to Dunkin Donuts/Basking Robins located at 4500 West Elm r Street. The conditional use permit allows for a drive-thru establishment on the premises. However, the conditional use permit was tied to the accompanying site plan which provided for a right-in only access to the site from Ramble Road. Because of the IDOT- approved full access to Illinois Route 120 from the site, the right-in access from Ramble Road was recommended by Staff. However, since the facility has opened, confusion has been experienced by patrons attempting to exit the premises onto Ramble Road. Staff is recommending full access for ingress/egress to the site from Ramble Road be granted. Alderman Bolger stated the petitioners have provided a major improvement to the site by removing the buildings and constructing a new facility on the premises. He opined widening the Ramble Road access drive is a good recommendation and concurs with it. Alderman Glab noted the initial site plan should have shown full access from Ramble Road. Alderman Murgatroyd concurred with Aldermen Bolger and Glab. Motion by Bolger, seconded by Wimmer, to accept Staffs recommendation to approve an amendment to the Conditional Use Permit to allow a drive-thru facility at Dunkin Donuts/Baskin Robbins located at 4500 West Elm Street, to approve the site plan prepared by Sarfatty Associates dated 4/21/03 with a revision date of 1/21/04, pending final engineering approval, and to grant full access for ingress and egress at the Ramble �„ Road entrance to the facility. February 9, 2004 Page 4 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Z Voting Nay: None. Absent: None. Motion carried. VARIOUS TEXT AMENDMENTS TO ZONING ORDINANCE Director Napolitano reported the Community Development Committee, at its July 15, 2003 meeting recommended that several Zoning Ordinance Text Amendments be pursued. Subsequently, the Planning and Zoning Commission conducted a Public Hearing on November 20, 2003, at which time they considered and reviewed the proposed amendments. The recommendation of the Planning and Zoning Commission was as follows: Adding the following definitions to the Zoni i Ordinance: a) Assisted/Independent Living b) Bed and Breakfast Establishment c) Buildable Area d) Cluster Development, including a diagram/illustration e) Conservation Easement Area f) Development g) Fagade h) Findings of Fact ,r- i) Flag Lot j) Impervious Surface, including a diagram/illustration k) Light Industrial 1) Marina m) Permeable Surface n) Subdivision o) Zero Lot Line. Ang th ddi e following Diagrams/Illustrations to the Zoning Ordinance a) Buffer/Screening Illustration b) Building Area/Yard Illustration c) Floodplain, Flood Fringe, Floodway Illustration. Dele ring the following from the Zoni ig Ordinance: a) Requirement for conditional use permit to allow alcoholic beverages in conjunction with a restaurant use b) Requirement for conditional use permit to allow aboveground fuel storage tank c) Requirement for a conditional use permit to allow minimum lot area/dwelling unit in the RM-2 District d) Trailer parks, wrecking yards, and bottled gas from use list in C-5 Highway Commercial District e) Reference to Handicapped Parking provisions , f) Conservancy Overlay District g) "Yard" from definitions and existing yard diagrams. February 9, 2004 Page 5 Modifying the Zoning Ordinance by limiting Financial Institutions as follows: a) Permitted Use in C-2, C-3, and C-4 Commercial Districts b) Permitted Use in 0-2 Office Park c) Permitted with a Conditional Use Permit in 0-1 Local Office District. Director Napolitano summarized the proposed amendments. He noted of particular importance to the Council is the prohibition of financial institutions in the C-5 Highway Commercial District. Alderman Wimmer commended Staff on the expediency with which these proposed amendments were brought forward to Council. Alderman Glab acknowledged the advisability of restricting banks from locating in the C-5 Districts. He stated he would not support the proposed text amendments because of the proposal to remove the requirement for a conditional use permit for restaurants serving alcoholic beverages. He supports the conditional use permit as notification to adjacent property owners, public hearing, and public hearing input would be maintained. He noted if the conditional use requirement is removed, no public hearing would be held. The applicant would just appear before Council for a liquor license. Notification to abutting property owners/residents would not be made. Alderman Glab stated his support of permitting residents to voice their concerns in the Public Hearing forum. In response to Alderman Murgatroyd's inquiry, Director Napolitano stated restaurants having live entertainment and/or dancing would still be required to obtain a T conditional use permit. Alderman Murgatroyd also expressed concern regarding the removal of the requirement for a conditional use permit for a restaurant serving alcoholic beverages. A brief discussion ensued regarding the advisability of removing the requirement for a conditional use permit for restaurants serving alcoholic beverages. City Administrator Maxeiner suggested Council might consider permitting restaurants serving alcoholic beverages without a conditional use permit except for those within a specified distance of a residential district, in which case a conditional use permit would still be required. Discussion continued. It was the consensus of Council to remove Deletion A, the requirement for a conditional use permit to allow serving alcoholic beverages in conjunction with a restaurant use, from the list of proposed text amendments pending further discussion and consideration. Motion by Wimmer, seconded by Condon, to direct Staff to prepare an ordinance amending the City of McHenry Zoning Ordinance as follows: Adding the following definitions to the Zoning Ordinance: a) Assisted/Independent Living b) Bed and Breakfast Establishment c) Buildable Area d) Cluster Development, including a diagram/illustration e) Conservation Easement Area f) Development February 9, 2004 Page 6 g) Fagade -� h) Findings of Fact i) Flag Lot j) Impervious Surface, including a diagram/illustration k) Light Industrial 1) Marina m) Permeable Surface n) Subdivision o) Zero Lot Line. Addinq the following Diagrams/Illustrations to the Zoning Ordinance: a) Buffer/Screening Illustration b) Building Area/Yard Illustration c) Floodplain, Flood Fringe, Floodway Illustration. Deleting the.following from the Zoning Ordinance: b) Requirement for conditional use permit to allow aboveground fuel storage tank c) Requirement for a conditional use permit to allow minimum lot area/dwelling unit in the RM-2 District d) Trailer parks, wrecking yards, and bottled gas from use list in C-5 Highway Commercial District e) Reference to Handicapped Parking provisions — f) Conservancy Overlay District g) "Yard" from definitions and existing yard diagrams. Modifying the Zoning Ordinance by limiting Financial Institutions as follows: a) Permitted Use in C-2, C-3, and C-4 Commercial Districts b) Permitted Use in 0-2 Office Park c) Permitted with a Conditional Use Permit in 0-1 Local Office District. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR BUDGET AMENDMENT: PETERSEN PARK ADDITION PLANNING PROJECT Director of Parks and Recreation Merkel reminded Council in October 2002 the City was awarded $11,100 in CDBG funds for planning services to design the Petersen Park Addition on the former Cunat Property. The City's 2003-2004 Budget reflects a $11,100 expenditure for this project. Subsequently, the City awarded a contract to SEC Planning Inc. for professional services to plan the proposed addition in the amount of $10,800. Director Merkel stated the County Board then awarded an additional $8,086 in CDBG funds for this project last July. The total awarded by the CDBG Board for this project planning is $19,186. The Parks and Recreation Committee, at its meeting on January 8, 2004, discussed February 9, 2004 Page 7 and recommended the approval of a budget amendment, recognizing the award of the additional $8,086, for a total expenditure for the planning of the project in the amount of $19,186. It is the recommendation of the Parks and Recreation Committee to amend the 2003-2004 Budget to reflect an expenditure of $19,186 for the Petersen Park Addition Project Planning. In response to Alderman Murgatroyd's inquiry, Director Merkel stated the CDBG grant of$8,086 has been awarded. Alderman Glab inquired how many firms had bid on the original proposal for planning. Director Merkel responded two or three firms submitted bids. Alderman Glab questioned the timeliness of the budget amendment request, since the funds were awarded .in July 2003. He opined this matter should have come before Council for consideration in a more timely manner. Motion by Murgatroyd, seconded by Peterson, to accept the recommendation of the Parks and Recreation Committee, and to amend the 2003-2004 Budgeted amount for the Petersen Park Addition Project Planning from $11,100 to $19,186. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR—STATEMENT AND REPORT There was no Mayor Statement or Report. COMMITTEE REPORTS Community Development Committee Chairman Alderman Wimmer announced a Community Development Committee Meeting is scheduled for Wednesday, February 11, 2004 at 7 p.m. in the Aldermen's Conference Room. Finance and Personnel Committee Chairman Alderman Murgatroyd reported a Finance and Personnel Committee Meeting was held this evening just prior to the Council Meeting. The Committee is in the process of discussing modifications to the City's Personnel Policy and Procedures Manual. Discussion will continue at the next meeting which as been scheduled for March 1, 2004 at 6:30 p.m. in the Aldermen's Conference Room. Public Works Committee Chairman Alderman Bolger announced a Public Works Committee Meeting is scheduled for Monday, February 16, 2004 at 6:30 p.m. in the Aldermen's Conference Room. .� STAFF REPORTS City Administrator Maxeiner reported there was a small fire at the West Elm Laundromat. In speaking with the owners, it is anticipated they will be open again by the February 9, 2004 Page 8 end of the week. City Administrator Maxeiner stated the Agenda Supplement for the Community Development Committee Meeting scheduled for February 11, 2004 had the wrong date. The material was presented for the February 111h meeting. Director of Public Works Marcinko reported the street light outage in the business district on Green Street has been repaired. A breaker was damaged and a photo cell was replaced. All are now in working order. Director Marcinko also reported he has received a sample illuminated sign which reflects the driver's current speed in a reduced school speed zone. The sample sign was posted on. the Municipal Center Drive this evening for Council edification. Director Marcinko stated signs are available at approximately $5,500/sign. The signs could be utilized to reduce traffic speed in school zones. Some discussion followed regarding the flashing of signs causing distraction to drivers, particularly in a school zone. NEW BUSINESS There was no New Business. ADJOURNMENT Motion by Murgatroyd, seconded by Wimmer, to adjourn the meeting at 8:14 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The eeting was adjo rned at 8:14 p.m. 1;� t y , MAYOR DEPUTY CLERK