HomeMy WebLinkAboutMinutes - 08/15/2005 - City Council REGULAR MEETING
AUGUST 15, 2005
The Regular Meeting of the McHenry City Council was called to order by Mayor Low
at 7:30 P.M. on Monday, August 15, 2005 in the Council Chambers of the Municipal
Center. At roll call the following Aldermen were present: Santi, Glab, Schaefer,
Murgatroyd, Wimmer, Peterson, and Condon. Absent: None. City Staff in attendance
were: City Administrator Maxeiner, Assistant to the City Administrator Martin, City Clerk
Jones, City Attorney McArdle, Chief of Police O'Meara, Director of Public Works Marcinko,.
Director of Community Development Napolitano, Director of Parks and Recreation Merkel
and Community Relations Management Assistant Hobson. Absent: None.
TEN MINUTE PUBLIC INPUT SESSION
Mr. David Lynk addressed Council regarding off-track betting facilities. He stated
that as a new resident of the City of McHenry, and a handicapped citizen, he is not
concerned regarding the location of the off track batting facility. Mr. Lynk indicated he has
issues with the current facility's lack of handicap parking, handicap accessibility and
handicap washroom facilities. Mr. Lynk stated he will be interested to see how the City
proceeds regarding this matter.
Mr. Stanley Archaki, a resident of 2604 West Lincoln Road, informed Council that
he continues to have issues with the City of McHenry and Gerstad Builders regarding
drainage on his property. Mayor Low reminded Mr. Archaki that no action is taken at the
Public Input; however she assured him that Staff would be in touch within a 4-week period
regarding his concerns.
CONSENT AGENDA
Motion by Peterson, seconded by Schaefer, to approve the Consent Agenda
as presented:
A. Approve Ordinance granting conditional use permit and variances —
George Justen and Son Funeral Home;
B. Approve Ordinance granting zoning map amendment and variance—
Commercial Horizons/Advance Auto; .
C. Approve Ordinance authorizing donation of surplus property;
D. Approve request to purchase two replacement emergency warning
sirens;
�. Approve request for special event liquor license, temporary use/sign
permits, and waiver of all associated fees- Church of Holy Apostles;
F. Approve request for special event liquor license, temporary signs,
and waiver of all associated fees—St. Paul's Episcopal Church;
G. Approve request for special event liquor license and waiver of all
associated fees— St. Patrick Church;
H. Approve block party requests:
a. Donna Wallace, 4824 Loyola Drive, Park Ridge Estates;
b. Ann Staehle, 1705 Donovan Street, Mill Creek Subdivision;
c. Saundra Carpenter, 1398 Bonnie Brae, Foxview Highlands;
'`- I. Approve picnictspecial use permits;
J. Approve City. Council Minutes: July 6, ,2005 regularly scheduled
meeting;
August 15, 2005
Page 2
K, Approve Committee of the Whole Minutes: July 11, 2005 regularly
scheduled meeting;
L. Approve list of as-needed checks:
AFLAC 1,786.00
BANKCARD SERVICES 2,077.50
COMED 4,624.17
COUNTY CLERKS OFFICE 20.00
DIRECTOR OF INSURANCE 2,413.64
ELGIN AQUATICS ASSOCIATI 179.00
ENCHANTED CASTLE 650.00
FOP UNITS I/II 1,991.00
FRITZ LANDSCAPING 62,117.10
GENEVA SWIM TEAM 252.00
HARRIS, TIMOTHY 368.24
HAWTHORN SUITES 79.91
HOME DEPOT/GECF 2,086.05
KISHWAUKEE YMCA 321.00
MAKE A WISH FOUNDATION 35,00
MCHENRY AREA CHAMBER OF 100.00
NATIONAL GUARDIAN LIFE I 123.83
NCPERS GROUP LIFE INS. 319.00
NORTHERN ILLINOIS MEDICA 494.75
PANERA BREAD 25.90
POSTMASTER MCHENRY IL 766.40
RAMADA INN 165.00
RIDINGS INC, BOB 35,098.00
SAM'S CLUB 1,307.95
SBC 275.34
SECRETARY OF STATE 80.00
SECRETARY OF STATE / POL 78.00
UNITED PARCEL SERVICE 219.65
UNITED STATES LIFE INSUR 1,209.60
WALMART COMMUNITY 356.93
YOUNG, TIMOTHY B 31,560.74 i
GRAND TOTALS 151,181.70
FUND TOTALS
GENERAL FUND 39,920.85
DEVELOPER DONATION FUND 62,117.10
WATER/SEWER FUND 14,306.38
RISK MANAGEMENT FUND 494.75
INFORMATION TECHNOLOGY FUND 368.24
POLICE PENSION FUND 33,974.38
TOTALS 151,181.70
M. Approve list of bills:
A JAYNE ROOF SYSTEMS 9,826.00
ACCURINT FOR LAW ENFORCE 75.00
ACE HARDWARE, BJORKMAN'S 2,484.92
ACME BRICK & SUPPLY CO 7.80
ACRES GROUP 21,200.00
ADAMS ENTERPRISES INC, R 227.15
ADAMS, JOHN 18.85
AG PLUMBING 359.00
ALEXANDER CHEMICAL CORP 1,200.00
ALEXANDER EQUIPMENT COMP 68.45
AMERICAN ALUMINUM ACCESS 365.00
AMERICAN RED CROSS OF GR 447.20
AMERISAFE 139.49
ANDERSON TREE SERVICE IN 4,050.00
ANDERSON, GISSELLE 10.00
ARAMARK WORK APPAREL & U 77.44
ARMOR HOLDINGS FORENSICS 202.90
B&W CONTROL SYSTEMS INTE 8,094.92
BASTIAN, THOMAS P 425.00
BAXTER & WOODMAN 28,956.88
BAZILEWICH, GREG 153.00
BELLMORE, STEVE 40.00
BENTZ, DON 216.00
BERRYMAN EQUIPMENT COMPA 1,425.60
BEST WAY 24 HOUR TOWING 25.00
BONCOSKY OIL COMPANY 18,313.84
BOTTS WELDING & TRUCK SE 39.50
BREMER, CURTIS 245,00
August 15, 2005
Page 3
BRUCKI, JULIE 80.00
BUENZLI, JIM 1,315.00
BUSS FORD SALES 465.46
CARLE CLINIC ASSOCIATION 328.00
CARQUEST AUTO PARTS STOR 849.38
CDW GOVERNMENT INC 329.64
CHAPMAN AND CUTLER 8,000.OQ..
CHARPIE CONSTRUCITON COM 399,186.00
CHEMICAL PUMP SALES AND 949.67
CHICAGO COMMUNICATION SE 99.25
CHICAGO INTERNATIONAL TR 60.70
CINQUEGRANI, NICHOLAS L 318.00
CLIFFORD-WALD 298.48
COLLEGE OF LAKE COUNTY 878.00
COMMUNICATIONS REVOLVING 174.50
CONAWAY, TINA 42.59
CONNEY SAFETY PRODUCTS 192.67
CRESCENT ELECTRIC SUPPLY 135.31
CRYSTAL MANOR STABLE 1,320.00
CURRAN CONTRACTING COMPA 1,632.30
CUTTING EDGE COMMUNICATI 160.00
D'ANGELO NATURAL SPRING 43.50
DELISI, PHIL 211.50
DELL MARKETING LP 987.08
DON'S TOWING 160.00
DOOR SYSTEMS INC 330.00
DOUBLE HEADERS INC 3,781.00
ED'S RENTAL & SALES INC 180.00
EPCO PAINT 204.53
FAMILY TAILOR SHOP 19.00
FAST EDDIES CAR WASH 51.40
FDC CORPORATION 89.21
FISCHER BROS FRESH 2,928.77
FLESCH COMPANY INC, GORD 233.91
FOTO FAST 29.45
FOXCROFT MEADOWS INC 360.44
FRANKLIN, JAMES 329.00
FREUND, ROBERT L 625.00
G IMPRESSIONS INC 1,196.65
GALLS INCORPORATED 2,145.05
GARRELTS & SONS INC 486.25
GASVODA & ASSOCIATES INC 426.70
GIBA, FLORENCE 46.00
GITZKE, WILLIAM 1,554.80
GOLD MEDAL PRODUCTS 934.25
GRAINGER 78.58
GRAPHIC IMAGINATION INC 1,905.65
GRAY ROOFING & REMODELIN 3,180.00
GREAT LAKES FIRE & SAFET 47.90
HACH COMPANY 980.70
HANSEN'S ALIGNMENT, DON 130.00
HERITAGE-CRYSTAL CLEAN 91.20
HESTER, GENE 37.26
HOLMSTROM, ROBERT 31.56
IDENTI-KIT SOLUTIONS 408.00
IIMC 216.00
ILLINOIS DIRECTOR OF 12,746.00
INNOVATIVE PACKAGING INC 204.54
INTERSTATE BATTERY SYSTE 130.50
ITRONIX 4,851.51
J G UNIFORMS INC 183.70
JULIE INC 450.10
JUSKE, TED 72.00
KALE UNIFORMS INC 1,148.90
KIMBALL MIDWEST 571.30
KTD INC 1,099.15
KUNZER, KATHLEEN 110.49
KUS, TOM 168.00
KUSTOM SIGNALS INC 5,697.00
LAFRANCIS, RAY 40.00
LANG PONTIAC-CADILLAC-SU 39.06
LEACH ENTERPRISES INC 23.36
LEONARDI'S FOOD SPECIALT 1,768.30
LEWIS INTERNATIONAL INC 217.68
LORMAN EDUCATION SERVICE 309.00
LUNKENHEIMER, PATTIE 150.25
MANAGEMENT LEARNING LABO 4,000.00
August 15, 2005
Page 4
MARTENSON, LYNN G 67.08
MCANDREWS PC, THE LAW OF 6,800.00
MCCANN INDUSTRIES INC 364.05
MCHENRY ANALYTICAL WATER 733.00
MCHENRY COMMUNITY HIGH S 15,433.00
MCHENRY COMMUNITY SCHOOL 21,879.00
MCHENRY COUNTY COLLECTOR 8,504.43
MCHENRY COUNTY COUNCIL O 81.00
MCHENRY COUNTY RECORDER 107.00
MCHENRY COUNTY SUPPLY IN 408,20
MCHENRY CTY HISTORICAL 25.00
MCHENRY ELECTRIC & SUPPL 88.34
MCHENRY FAVORITE SPORT C 399.00
MCHENRY GENERAL FUND, CI 2,000.00
MCHENRY NAPA 1,290.68
MCHENRY POLICE PENSION F 28,494.66
MCHENRY PUBLIC LIBRARY 1,296.00
MCHENRY SPECIALTIES 675.40
MCMASTERS, ELIZABETH 57.00
MEADOW EQUIPMENT SALES & 60,789.66
MEYER MATERIAL COMPANY 1 812.74
MICROFLEX 585.44
MID AMERICAN WATER OF WA 369.12
MILLER, PAULETTE 25.68
MINUTEMAN PRESS OF MCH 2,827.89
MOBILE OFFICE DESIGNS IN 712.14
MOLNAR, JAMES 18.85
MORAES, LAURI 36.00
MOTOROLA 8,906.00
MUNICIPAL CLERKS OF 110.00
MUNIMETRIX SYSTEMS CORP 2,670.00
NCL OF WISCONSIN INC 353.69
NEXTEL COMMUNICATIONS 2,922.47
NICOR GAS 388.95
NIEMANN, JUDY 65.00
NORTH EAST MULTI-REGIONA 9,925.00
NORTHERN KEY & LOCK INC 402.00
NORTHWEST ELECTRICAL SUP 310.86
NORTHWEST HERALD 210.60
OCCUPATIONAL FOOTWEAR CO 119.97
OFFICE DEPOT INC 139.69
ORIENTAL TRADING CO INC 63.65
OTTOSEN TREVARTHEN BRITZ 2,293.50
PARK & RECREATION SUPPLY 141.00
PEARCE, JAMISON 94.00
PEPSI-COLA GENL BOT 1,809.65
PERRICON GARDEN CENTER & 40.00
PETROW, STEPHANIE S 205.00
PINKAWA, DENISE 65.05
PINTER, WILLIAM S 196.00
PITNEY BOWES INC 237.00
PRECISION SERVICE & PART 227.44
PRIDE, HEIDI 19.18
PRO PLAYER CONSULTANTS I 1,440.00
Q & A REPORTING 936.55
QUILL CORPORATION 12.14
R & S DISTRIBUTORS INC 310.65
RADICOM INC 3,070.00
RAMBERG, ROBIN 67.00
REICHE'S PLUMBING SEWER 105.00
REICHE, ANITA 85.00
RELIABLE SAND & GRAVEL 19.69
RESERVE ACCOUNT 1,500.00
RICCI, DONNA 84.00
RIDDILE & ASSOCIATES 169.54
RIDGEVIEW ELECTRIC INC 4,652.21
ROWE, HERBERT W 700.00
ROY, DEANNE 72.00
S & S WORLDWIDE 104.28
SAFETY SYSTEMS CORPORATI 1,635.14
SBC 3,511.20
SBC LONG DISTANCE 57.07
SCHAFER, PAT 68.36
SCHATZ, DONALD L 390.00
SCHWEITZER, BRIAN H 150.00
SETTLERS HILL RDF 12,250.72
SEXTON, ERIC M 70.27 -
August 15, 2005
Page 5
SHERMAN MECHANICAL INC 5,414.93
SMITH ENGINEERING CONSUL 61,001.91
STANDARD EQUIPMENT COMPA 74.61
STANS OFFICE TECHNOLOGIE 864.44
STAPLES BUSINESS ADVANTA 380.43
STEINER ELECTRIC COMPANY 233.50
STULL, RICH 26.70
SUMMERS PORTABLE TOILETS 25.72
TAYLOR STREET PIZZA 180.00
THELEN SAND & GRAVEL INC 32,211.00
TRAFFIC CONTROL & PROTEC 2,754.90
TRIEBOLD IMPLEMENT INC 75.66
TRINITY WORKPLACE LEARNI 388.00
TURF PROFESSIONALS EQUIP 890.46
UNIFORMITY INCORPORATED 46.62
UNITED LABORATORIES 367.54
UNRUH, BRETT 72.00•
USA BLUEBOOK 1,704.42
VERSTEGE, RON 40.00
VIKING CHEMICAL COMPANY 11,713.25
VIRGILS, LAURA L 119.04
WAREHOUSE DIRECT 3,327.00
WATER PRODUCTS - AURORA 4,750.00
WATER SOLUTIONS UNLIMITE 6,160.00
WILLIAMS ELECTRIC SERVIC 334.00
WILT, MARIE T 12.61
WIRTZ, PAT 24.00
WOOD, ROLAND 94.00
WOODSTOCK FORD & MERCURY 9.80
ZEP MANUFACTURING COMPAN 442.59
ZMT INC 4,350.66
ZUKOWSKI ROGERS FLOOD & 17,853.75
GRAND TOTALS 948,150.49
FUND TOTALS
GENERAL FUND 199,334.18
ANNEXATION FUND 38,608.00
DEVELOPER DONATION FUND 13,806.71
DEBT SERVICE-1997A FUND 8,000.00
HUNTERVILLE PARK SSA#6 86.02
CAPITAL IMPROVEMENTS FUND 11,703.35
WATER/SEWER FUND 81,558.30
UTILITY IMPROVEMENTS FUND 531,447.77
MARINA OPERATIONS FUND 16,802.94
RISK MANAGEMENT FUND 328.00
INFORMATION TECHNOLOGY FUND 10,074.88
RETAINED PERSONNEL ESCROW 34,400.34
POLICE PENSION FUND 2,000.00
TOTALS 948,150.49
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Responding to Alderman Santi's inquiry regarding the location of the two new
sirens, Police Chief O'Meara indicated one of the sirens would be located at Green Street
near Shepherd of the Hills Church, and the other would be at Beach Road near the water
plant.
REQUEST FOR TEMPORARY USE OF VETERAN'S MEMORIAL PARK — ANTIQUE
DEALERS SALE
.t Mayor Low announced that this item was pulled from tonight's agenda and would be
discussed at a future Council meeting.
August 15, 2005
Page 6
_REQUEST FOR SIGN VARIANCE— EDESIGN INC. 1006-1007 NORTH FRONT STREET '♦'
Director of Community Development Napolitano informed Council that Eric Halloran
of edesign, inc. is requesting a variance to renovate the existing freestanding sign on the
property in conjunction with renovations to the existing building at 1005-1007 N. Front
Street.
The City's sign regulations allow one freestanding sign on the site, not to exceed 67
sf. in size, 15' in height and setback 5-feet from all property lines. The existing sign is in
compliance with the standards, with the exception of height and setback. The current sign
is 18-feet in height and setback only 29 inches from the John Street right-of-way.
Director Napolitano stated the proposed sign would include the name of the
development, Gagetown, and the address would be located on the top of the sign. Three
11 sf. panels, each having the name of a tenant, would be located below. A 3-foot high
brick and stone planter box would be located at the base of the sign.
Staff opined the current sign has a dated appearance and the proposed renovations
will greatly enhance the appearance and provide needed identification for the building
tenants. The overall square footage is considerably less than what is allowed by
ordinance and the signs have a coordinated appearance. Staff recommends Council
approve the requested sign.
Alderman Santi recommended that the sign for Bob's Diesel be worked into this
sign, if possible, for the sake of conformity. Director Napolitano assured Alderman Santi
Staff would look into the matter.
Addressing Alderman Glab's concerns regarding liability to the City stemming from
the issuance of variances for a non-conforming sign, City Attorney McArdle stated the
proposed sign poses no greater liability than the existing sign.
Motion by Santi, seconded by Condon, to accept Staffs recommendation to approve
a request for a sign variance by edesign, inc. for the property located at 1005-1007 North
Front Street as follows:
One (1) sign, 18' high, setback 29" from the John Street right-of-way with an area
not-to-exceed 67 square feet.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR SIGN VARIANCE — CHICAGOLAND ORTHODONTICS, 2302 NORTH
RICHMOND ROAD
Director Napolitano informed Council the applicant was unable to attend tonight's '
meeting. Authorization was given to Staff to pull this item from the Agenda if Council has
any issues regarding the request.
August 15, 2005
Wage 7
Director Napolitano stated North Shore Sign Co., on behalf of Chicagoland
Orthodontics, is requesting a sign variance. He indicated that Chicagoland Orthodontics is
located in the comer space of the outlot building in the Kohl's/Circuit City Shopping
Center. They currently have a sign on the west side of the building facing Richmond Road
and are requesting a variance to allow a second wall sign to be located on the south side
of the building.
The City's sign regulations allow one wall sign at the site, not to exceed 45 sf. in
size, 1.5 sf. for each foot of building frontage. Director Napolitano noted the current wall
sign is 30.7 sf. The proposed sign would be the same size as the existing sign, but would
be located on the south fagade of the building.
Staff opined that allowing an additional sign would appear appropriate in an effort to
provide additional identification, particularly on the south fagade, for northbound Route 31
traffic. Similar variances have been granted for Starbuck's, Mattress Giant, and
Oberweiss, which are also located in McHenry Towne Center. Staff recommends approval
of the requested variance.
Motion by Schaefer, seconded by Santi, to accept Staffs recommendation to
approve a request for a sign variance by North Shore Sign Co., on behalf of Chicagoland
Orthodontics, for the premises located at 2302 N. ,Richmond Road, to allow the following:
One (1) wall sign on the south facade of the building, with a maximum area of 30.7
square feet.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR SIGN VARIANCE — GEORGE JUSTEN & SONS FUNERAL HOME,
CHARLES MILLER ROAD
Director Napolitano informed Council a request was received from Mark Justen,
owner/operator of George Justen & Sons Funeral Home. Mr. Justen is constructing a
funeral home and crematory on the north side of Charles Miller Road, between Route 31
and Green Street. He is seeking Council's*approval to install an 8' X 16', construction
banner on the property to identify the project and the various construction and financial
institutions involved in the project.
The City's sign regulations allow one Construction Sign, not to exceed 32 sf. in size
and 10 feet in height. Staff opined support of the additional size of the construction sign
as the applicant is attempting to communicate a significant amount of information and a 32
square foot sign is not adequate to convey this information. Staff indicated the only
concern is the proposed sign is a banner. Long term maintenance of the banner, during
construction of the project, should be monitored to ensure the banner remains intact.
Responding to Alderman Peterson's inquiry regarding the length of time the
construction sign would remain at the site, Mr. Justen informed Council the sign would be
August 15, 2005
Page 8
displayed for approximately three months.
Responding to Alderman Condon's inquiry, Director Napolitano assured Council
Staff would monitor the sign regarding maintenance issues.
Alderman Glab opined the size of the requested sign is appropriate due to the size
of the property. He requested that language be included on the sign permit indicating the
banner would be removed within 48-hours of installation of a permanent sign and would be
located no closer than 100-feet to Charles Miller Road. Mr. Justen informed Council the
sign is designated to be situated 150 feet off of the roadway.
Responding to Alderman Murgatroyd's inquiry, Director Napolitano assured Council
that banner safety inspections would be conducted by Staff.
Motion by Wimmer, seconded by Murgatroyd, to accept Staffs recommendation to
approve a request for a construction sign variance at the site of the proposed Justen
Funeral Home on Charles Miller Road, subject to the following:
• The banner is to be removed within 48-hours of installation of a permanent sign at
the site;
• The banner would be located no closer than 150 feet to Charles Miller Road;
. .The size of the banner be no greater than 128 square feet.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
APPROVE PRELIMINARY PLAT-- PATRIOT ESTATES SUBDIVISION_
_ Director Napolitano informed Council the Applicant, Cunat Inc., is requesting
Preliminary Plat approval for Patriot Estates, the proposed development on 87.1 acres
south of Bull Valley Road on the east side of Crystal Lake Road. The future subdivision
would create 101 single-family lots, 50 duplex lots and 2 townhouse lots, which would
allow 204 townhouse units.
Director Napolitano stated approval of the Preliminary Plat is the first step in moving
the development forward. He indicated the Preliminary Plat is in conformance with the
City's Subdivision Control and Development Ordinance, noting Staff has worked closely
with the Applicant to ensure all Council's concerns have been addressed. The Applicant
has been working with the Gilger Property owner to the north, Windsor Development,
regarding making Cunat Drive a continuous roadway through both developments. The
Patriot Estates development would have no impact on the Gilger Property. A 150 foot
wide area at the southwest comer of the site will be dedicated for the future West McHenry _
Bypass. Director Napolitano noted it is the Applicants' intention to include the following
amenities in the development:
• Several small pocket parks,
• A rose garden,
• Gazebos, and
August 15, 2005
Page 9
• Walking paths.
Director Napolitano stated the Planning and Zoning Commission reviewed the
Preliminary Plat and recommended its approval by a 5-1 at its meeting held on July 7,
2005, subject to the following conditions: -
1. Lots 59, 96, 97, 98 and 99 in the RS-3 Single Family District portion of the
development shall be amended to at least 9,000 square feet minimum size lots;
2. Amend the location of the walking path to the rear of adjoining Lots 1 and 2;
3. Change the names of"Lincoln Avenue" and "Washington Avenue";
4. Provide one name for leg of "Lincoln Avenue" closest to Crystal Lake Road and
a different name for the long curve back to Cunat Drive.
Director Napolitano noted the Applicant has submitted revised plans which addressed all
concerns expressed by the Planning and Zoning Commission.
Responding to Alderman Glab's inquiry, Applicant Brian Cunat stated the bacci bail
court remains in the same location as earlier proposed; none of the amenities has been
sacrificed. Christopher Zock of Cunat, Inc. noted the developer was instructed by
engineering to not include the amenities on the Preliminary Plat.
Motion by Murgatroyd, seconded by Condon, to accept the recommendation of the
Planning and Zoning Commission to approve an ordinance approving the Preliminary Plat
for Patriot Estates prepared by Scheflow Engineers dated 4/19/05, last revised 7/12/05.
Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: Glab.
Absent: None.
Motion carried.
LICENSING AGREEMENT FOR TRACKSIDE OFF-TRACK BETTING IN MCNENRY
City Administrator Maxeiner informed Council that in 2003 the City of McHenry
entered into a licensing agreement with Arlington Park and Monaco's for the operation of
an off-track betting facility in McHenry. The operation has proven to be a financial success
generating over$100,000 to the City annually with little, if any, demands on City services.
City Administrator Maxeiner stated the City has been approached by Arlington, who
has expressed an interest in moving the operation from Monaco's to Nicolino's Restaurant,
near the intersection of Ridgeview Drive and Bull Valley Road. The City Council was
involved in the original License Agreement; therefore, the matter has been brought before
Council once again for consideration.
City Administrator Maxeiner announced the proposed Agreement is nearly identical
to the original agreement with two exceptions:
1. Item 3 in the Agreement extends the City's waiver of the right to impose an
admission fee to enter the establishment for 10 years from the date of approval.
'�— The original agreement provided for a 5 year waiver of this right, which would have
expired in 2008; and
2. The agreement removes Monaco's from the agreement and adds Nicolino's.
August 15, 2005
Page 10.
Nicolino's is pursuing zoning action to be able to operate the OTB at this location. If
zoning relief is not obtained, the licensing agreement would become void. It was noted
that through the zoning process action would be needed to address parking requirements,
as well as amending the Conditional Use Permit that was obtained in order to serve
alcoholic beverages. Staff is addressing the placement of satellite dishes necessary to
operate the facility. The zoning matters will be addressed in the near future on the
Planning and Zoning Commission Agenda. City Administrator Maxeiner stated the License
Agreement is being considered tonight to provide Arlington Park with the Agreement prior
to a meeting of the Illinois Racing Board, which is scheduled for August 16, 2005.
City Administrator Maxeiner informed Council the change of venue for the facility is
the only change in operations. Oversight of the operation continues to be exercised by
Arlington Park and regulated by the Illinois Racing Board. He stated the City of McHenry'
would continue to receive 1% of every dollar wagered at the facility. Chief of Police
O'Meara has reviewed the proposal and has no concerns regarding the change of venue.
Staff recommends approval of the License Agreement with Arlington Park and Nicolino's
Restaurant for a period of ten years.
Alderman Condon requested clarification regarding the length of the License
Agreement. City Administrator Maxeiner noted the Agreement extends ten years from the
date of acceptance. -
Motion by Wimmer, seconded by Schaefer, to accept Staffs recommendation to
approve a License Agreement with Arlington Park and Nicolino's Restaurant for Trackside
Off-Track Betting for a period of ten years, beginning with the date of acceptance.
Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: Glab.
Absent: None.
Motion carried.
REVIEW OF PROPOSED AMENDMENTS TO MUNICIPAL PARKING REQUIREMENTS
FOR RESTAURANTS
Director Napolitano reiterated to Council that at the July 19, 2005 Community
Development Committee Meeting, the Committee discussed the current parking
requirements for restaurants, both sit-down and those containing drive-thrus. He stated
the Zoning Code currently requires:
• 20 spaces per 1,000 square feet of floor area for a sit-down or drive-thru
restaurant; and
16 spaces per 1,000 square feet for carry-out only restaurants.
Director Napolitano noted during the discussion Committee members indicated that _
several sit-down restaurants in the City do not appear to have adequate parking to meet
demands. An increase in required parking would assist patrons in easily locating a
parking spot and reduce parking lot congestion.
August 15, 2006
Page 11
Staff presented findings to the Committee which indicated that parking requirements
for restaurants with drive-thru's exceed what is really used, or needed. In light of several
requests for variances to reduce the required parking for drive-thru's, Staff compiled data
from several other municipalities' parking ordinances. In addition, Staff conducted on-site
visits and counted the number of cars actually using existing parking spaces at several
area restaurants. The Committee considered the data, reviewed the proposed options,
and recommended that required parking for restaurants be amended as follows:
• Drive-thru restaurants — reduce the number of required spaces from 20 to 10
spaces per 1,000 sf., provided the site is designed to accommodate 15 spaces per
1,000. The additional space must be "banked" as open space; and, if there is ever
a need demonstrated for additional parking, the space must be converted to
parking.
• Sit-down restaurants — increase the number of required spaces for sit-down
restaurants from 20 to 25 spaces per 1,000 sf.
• Carry-out restaurants — reduce the number of required spaces from 16 to 10 spaces
per 1,000 sf.
Alderman Glab opined that he would have liked to have seen more discussion take
place at the Committee level regarding the square footage regulations, but he is generally
pleased with the amendments to the parking requirements.
Motion by Wimmer, seconded by Peterson, to accept the unanimous
recommendation of the Community Development Committee, to direct Staff to prepare the
necessary documentation for the amendment of the restaurant parking requirements of the
Zoning Ordinance to be presented before the Planning and Zoning Commission at a Public
Hearing.
Voting Aye: Santi, Giab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR—STATEMENT AND REPORT
Mayor Low reminded Council that the annual Hand Car Races would be taking
place at Petersen Park this weekend. She encouraged attendance in support of a good
cause.
COMMITTEE REPORTS
There were no Committee Reports.
STAFF REPORTS
Director of Public Works Marcinko announced that the traffic signal at Bull Valley
Road and Ridgeview Drive would be activated at 10:00 a.m. on Tuesday, August 16, 2005.
Director Napolitano reiterated to Council that the owner of the company, which
erected hot tub signs in the public right-of-way, was presented with a $25.00 violation for
each of the forty-one signs pick-up by City Staff. With the passing of the original date by
August 15, 2005
Page 12
which the violations were to be paid, the fine doubled. The second date has passed, and
the matter will now go before adjudication counsel for further action.
FUTURE AGENDA ITEMS
Alderman Glab commended Chief O'Meara's dedication. He informed Council that
Chief O'Meara was observed directing traffic during a recent signal outage.
EXECUTIVE SESSION: PERSONNEL AND PROPERTY ACQUISITION
Motion by Murgatroyd, seconded by Wimmer, to adjourn to Executive Session to
discuss Personnel and Property Acquisition at 8:12 p.m..
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Executive Session convened at 8:20 P.M.
Motion by Wimmer, seconded by Murgatroyd, to return to Open Session at 8:34
p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Council went back into Open Session at 8:34 p.m.
ADJOURNMENT
Motion by Wimmer, seconded by Santi, to adjourn the meeting at 8:34 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
The Meeting was adjourned at 8:34 p.m.
i MAYOR CITY C