HomeMy WebLinkAboutMinutes - 04/04/2005 - City Council REGULAR MEETING
APRIL 4, 2005
The Regular Meeting of the McHenry City Council was called to order by Mayor Low
at 7:30 P.M. on Monday, April 4, 2005 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 Clerk Jones, City Attorney Cahill, Chief of Police O'Meara, Director of
Public Works Marcinko, Director of Finance Kline, Director of Community Development
Napolitano, Community Relations Management Assistant Hobson, City Administrator
Assistant Martin. Absent: Director of Parks and Recreation Merkel and City Attorney
McArdle.
TEN MINUTE PUBLIC INPUT SESSION
Diana Mantzoros, a resident of 1904 Oak Drive, addressed Council. Mrs.
Mantzoras distributed a form she created entitled "McHenry Police and Fire Department
Well Being Check Form". Mrs. Mantzoros suggested this form be made available to
citizens of the community as a resource for the Police and Fire Departments for emergency
purposes. Additionally, Mrs. Mantzoros informed Council that she continues to have
drainage problems in the vicinity of her residence. She stated the manhole cover, repaired
five years ago is sinking.
CONSENT AGENDA
Motion by Bolger, seconded by Wimmer, to approve the Consent Agenda as
presented:
A. Request for release of Irrevocable Subdivision Surety Bond No
BE0944941 —Windsor Development, $260,233.10;
B. Request for final reimbursement for construction of last four piers at
Riverwalk Place — Lanco Development, $8,000;
C. Picnic/Special Use Permits;
D. City Council Minutes:
March 21, 2005 regularly scheduled meeting
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
APPROVALS FOR NORTHGATE EAST SUBDIVISION:
VARIANCES FROM SUBDIVISION CONTROL AND DEVELOPMENT
ORDINANCE:
FINAL PLAT
Alderman Condon exited Council Chambers prior to discussion of this item.
Mayor Low introduced Attorney Sam Diamond, of Diamond, LeSeuer & Associates,
representing the Applicant. Mr. Diamond addressed Council stating the Applicant is
ti requesting Final Plat approval for Northgate East Subdivision, located on the east side of
Route 31, together with approval of three variances from the Subdivision Control
Ordinance. The proposed subdivision would consist of two lots and is approximately 4.7
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Page 2
acres. .�
Attorney Diamond informed Council the Applicant has a buyer interested in the
property. However, Chicago Title Company is adamant and will not close on the property
prior to approval of the Final Plat. Attorney Diamond stated that until late this afternoon he
was unaware that issues existed regarding the proposed crossroad. Johnsburg Village
President Dave Dominguez has indicated concerns regarding the point at which the road
connects the McHenry side of the property to the Johnsburg side, which abuts a residential
area in Johnsburg.
City Administrator Maxeiner interjected, stating representatives of the Village of
Johnsburg indicated surprise when they viewed the Plat presented on tonight's Agenda.
City Administrator Maxeiner informed Council that a tentative meeting has been scheduled
on Tuesday, April 12, 2005 at 5:30 p.m. in the Aldermen's Conference Room between
representatives of the City of McHenry, President Dominguez and representatives of
Northgate, in an effort to resolve any misunderstandings.
Attorney Diamond requested that Council tonight consider directing Staff to prepare
the necessary ordinance to expedite the process, with the understanding that the
ordinance is subject to revision pending results of the meeting on April 12, 2005.
Mayor Low opened the floor to comments from Council.
Alderman Bolger stated he had no issues, but has reservations approving the plat
until the issues between the developer and the Village of Johnsburg are resolved.
Alderman Peterson opined he is concerned regarding a possible bottleneck
situation at Diamond Drive.
Mayor Low indicated she would like the City of McHenry to have some input
regarding where Diamond Drive would be situated.
Responding to an inquiry by Alderman Glab, Director of Public Works Marcinko
stated Diamond Drive is configured to be 60 feet wide. Alderman Glab suggested the road
be three lanes wide.
City Administrator Maxeiner noted the north access is not indicated on the Final Plat
being considered tonight.
Director of Community Development Napolitano, responding to an inquiry from
Alderman Murgatroyd, stated the developer would be responsible for installation of any
signal lights.
Alderman Murgatroyd stated he is not comfortable approving the Final Plat while the
access issue is unresolved.
Attorney Diamond stressed the Applicant is requesting only that Staff be directed to
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Page 3
prepare the necessary ordinance.
Motion by Bolger, seconded by Glab, to direct Staff to prepare an ordinance:
1. granting approval of Northgate East Subdivision Final Plat, as prepared by
Vanderstappen Surveying, Inc., dated February 2, 2004, bearing the latest date of
June 1, 2004;
2. granting variances from the City's Subdivision Control and Development Ordinance:
a. waiving sidewalk requirement along Route 31 and Diamond Drive subject to
stipulation the applicant pay cash equivalent of the sidewalk improvements to
the City;
b. waiving requirement for tear-drop design cul-de-sac and permitting a
temporary "T" turnaround until the road is extended subject to stipulation the
developer meets the pavement and other design requirements for width,
materials, thickness, etc for turnaround area being proposed;
c. permitting a wetland basin detention area.
subject to resolution of outstanding issues at the April 12, 2005 meeting with
representatives of the Village of Johnsburg.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson.
Voting Nay: None.
Absent: Condon.
Motion carried.
_. REQUEST FOR CONDITIONAL USE PERMIT AND PARKING VARIANCE BY STORAGE
USA IN NORTHGATE WEST SUBDMSION, LOT 2 AT DIAMOND DRIVE
Alderman Condon was absent from Council Chambers during discussion of this
item.
Director Napolitano informed Council the Applicant is requesting a Conditional Use
Permit to allow a 66,000 square foot climate controlled self-storage facility on Lot 2 of the
Northgate West Development on Diamond Drive. He stated the proposed facility would be
three stories in height, constructed of split face block and textured metal panels.
Employees would man the facility during normal working hours and a security system
would be used in the facility to monitor persons coming and going. A single access point
from Diamond Drive would serve the site, with parking for nine vehicles provided, along
with a large area for loading and unloading. Director Napolitano noted a variance for a
reduction in the number of required parking spaces, from 29 to 9, is also being requested.
Director Napolitano stated the Planning and Zoning Commission unanimously
recommended approval, by a vote of 6-0, at a Public Hearing held on March 17, 2005.
Staff opined the use meets the criteria allowing for conditional uses. The proposed
use would require less parking and generate less traffic than a typical commercial use.
There would be no environmental nuisance created by the proposed use and it would fit
.L harmoniously with adjacent properties. The use would not require additional public
services and would not be detrimental to the public safety or health. While the proposed
use would not generate any sales tax it would provide a service to the community. Staff
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indicated no concerns with the proposed conditional use and recommended approval.
Larry Jordan, of Design Team West architect for Storage USA, addressed Council.
He stated the modern self-storage facility has evolved into a necessary commercial use,
incorporating the latest technology in operations, security, construction and safety. The
proposed facility is well lit and incorporates attractive contemporary architectural design
and detail. Mr. Jordan opined the facility would be an asset to the community and a
dependable long-term neighbor.
Alderman Peterson stated it is a good use for the property. He noted that while he
prefers an office use, development is dependant upon what the market will bear. He
indicated no issues with the project. Alderman Bolger concurred with Alderman Peterson.
Alderman Murgatroyd opined when the project was initially presented to Council an
office building was proposed for the site. He indicated his discomfort with a facility of this
type being constructed on the property. Alderman Murgatroyd stated future, long-term
needs have to be addressed, not only current vacancy issues. Alderman Wimmer
concurred with Alderman Murgatroyd, stating this is not an attractive structure to be
located at one of the gateways to the City.
Motion by Peterson, seconded by Bolger, to accept the unanimous recommendation ._
of the Planning and Zoning Commission to direct Staff to prepare an ordinance granting a
Conditional Use Permit and a Parking Variance from 29 to 9 parking spaces on Lot 2 of
Northgate West Subdivision to allow a climate controlled self-storage facility at Diamond
Drive.
Voting Aye: Bolger, Peterson.
Voting Nay: Glab, Low, Murgatroyd, Wimmer.
Absent: Condon.
Motion denied.
Alderman Condon returned to Council Chambers at 8:10 p.m.
REQUEST FOR SIGN VARIANCES— MERCY MEDICAL CENTER, 3922 MERCY DRIVE
Director Napolitano informed Council he received a request for a sign variance from
Lee Meyer of Mercy Health Systems. Mercy is nearing completion of the new facility
located at 3922 Mercy Drive and is requesting variances to allow new signs for the facility.
Director Napolitano stated the City's sign regulations permit:
• one wall sign no more than 270 square feet in area (1.5 sf. per foot of building
frontage);
• one freestanding sign totaling 128 square feet in size (0.5 sf. per foot of lot
frontage) no more than 6 feet in height;
• directional signs not exceeding 5 square feet and 2.5 feet in height when located at
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an entrance/exit; and
• directional signs not exceeding 10 square feet and 3 feet in height at other
locations.
Director Napolitano stated the applicant is proposing the following:
• Main sign. One freestanding sign, 45.4 square feet in area, and 8 feet in total
height. The sign would be located at the front of the site, along State Route 31, and
would include "Mercy McHenry Medical Center," Mercy's logo and directory space.
• Directional signs. Two freestanding directional signs are proposed.
o One would be located at the patient entrance on Mercy Drive. The sign
would be 17 square feet and 5' 4" in height. The sign would serve to direct
patients and clients to the parking lot and immediate care center.
o A second freestanding sign, 8.25 square feet and 3' 10" in height would be
located at the easternmost entrance to the site on Mercy Drive. This sign
would provide direction to the physician and staff parking lot.
Director Napolitano stated the proposed signs provide needed identification for
Mercy Medical Center and its patrons. The overall square footage is considerably less
than allowed by the sign ordinance, and the signs have a coordinated appearance. Staff
recommends approval of the requested signs.
Motion by Bolger, seconded by Wimmer, to accept Staffs recommendation to
approve signs for Mercy McHenry Medical Center as follows:
• Main sign. One freestanding sign, 45.4 square feet in area, and 8 feet in total
height, to be located at the front of the site, along State Route 31, and would
include "Mercy McHenry Medical Center," Mercy's logo and directory space.
• Directional signs. Two freestanding directional signs:
o One to be located at the patient entrance on Mercy Drive, no more than 17
square feet in area and 5' 4" in height. The sign would serve to direct
patients and clients to the parking lot and immediate care center.
o One to be located at the easternmost entrance to the site on Mercy Drive, no
more than 8.25 square feet in area and 3' 10" in height. The sign would
provide direction to the physician and staff parking lot.
subject to Council approval of any additional signs for the premises as requested by the
applicant.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
DISCUSSION: LEASE AGREEMENT WITH MCHENRY SAVINGS BANK — 1209 NORTH
GREEN STREET
City Administrator Assistant Martin informed Council that in 1995 the City of
McHenry and McHenry Savings Bank entered into a Sale and Lease Back Agreement for
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Page 6
property located in the Green Street Municipal Parking Lot. The agreement provided for
the sale of municipal parking lot property to McHenry Savings Bank to allow for the
possible expansion of the bank. The agreement restricts the McHenry Savings Bank's use
of the property solely to its business. McHenry Savings Bank agreed to lease back the
parking area to the City for $1.00 per year until April 15, 2005. At the City Council meeting
held on November 29, 1995, Council agreed to permit employees and customers of
McHenry Savings Bank to utilize a specified area of the parking lot.
McHenry Savings Bank cannot sell the property to a third party until the first of the
following occurs:
• McHenry Savings Bank constructs an additional building;
• McHenry Savings Bank expands the existing facility;
• April 15, 2005; or
• The property is offered to the City and the City does not exercise their right of first
refusal to purchase the property.
Assistant Martin indicated that McHenry Savings Bank has indicated an interest in
extending the lease subject to the following provisions:
• The City pays the real estate taxes on the property (currently $2,600 annually);
• The term of the lease is two-years; and
• The City removes its option of first right of refusal to purchase the property.
Assistant Martin informed Council the municipal lot contains approximately 103
spaces. Research indicates the parking area directly behind the Green Street Mall is
utilized by members of the public on a daily basis. Additionally, during larger community
events, extra parking is needed by the public. The parking lot also serves as overflow
parking for the downtown theater. Staff opined that while the property would most likely be
redeveloped at some time in the future, the parking lot would also be beneficial for persons
once the Riverwalk is developed.
Staff is seeking direction from Council regarding renewal of the lease with McHenry
Savings Bank.
Alderman Bolger suggested the matter be referred to the Finance and Personnel
Committee for consideration. He stated he does not support removing the City's option.
Alderman Glab concurred with Alderman Bolger. Mayor Low concurred with Aldermen
Bolger and Glab.
Mayor Low stated it appears Council is not prepared to discuss the matter in detail
and requested a Motion from Council to refer discussion to the Finance and Personnel
Committee.
Motion by Glab, seconded by Bolger, to refer discussion regarding the Lease --
Agreement with McHenry Savings Bank to the Finance and Personnel Committee.
April 4, 2005
Page 7
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
CONTRACT FOR THE CONSTRUCTION OF SEAWALL ALONG THE FOX RIVER AT
WASHINGTON STREET RIGHT-OF-WAY— REINWALL MARINE SERVICE
Director of Public Works Marcinko informed Council that seawall along the Fox
River does not extend across the Washington Street right-of-way. However, both lots
adjacent to the right-of-way have seawalls, which causes a gap at the right-of-way. Staff
has received two proposals for installation of approximately 80-feet of steel seawall that
would serve to connect the adjacent seawalls. Reinwall Marine Service has provided the
lowest quote at $9,800.
Responding to an inquiry from Council, Director Marcinko stated installation of the
seawall was not included in the 2004/2005 budget and funding would be derived from a
fund for contractual services.
Motion by Murgatroyd, seconded by Condon, to accept Staffs recommendation to
accept the proposal from Reinwall Marine Service for installation of a seawall at the
Washington Street right-of-way along the Fox River, in an amount not to exceed $9,800.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR—STATEMENT AND REPORT
There was no Statement or Report from the Mayor.
COMMITTEE REPORTS
Chairman Alderman Murgatroyd of the Finance and Personnel Committee informed
Council a meeting of the Finance and Personnel Committee is scheduled at 7:00 p.m. on
Wednesday, April 6, 2005, in the Aldermen's Conference Room to begin discussions
regarding the 2005/2006 Budget.
DEPARTMENT HEAD REPORTS
City Administrator Maxeiner suggested a meeting of the Finance and Personnel
Committee at 6:30 p.m. on Monday, April 18, 2005, prior to the regularly scheduled City
Council meeting, in the Aldermen's Conference Room to discuss the Lease Agreement
with McHenry Savings Bank.
It was the consensus of the Council to schedule a Finance and Personnel
Committee at 6:30 p.m. on. Monday, April 18, 2005, prior to the regular City Council
-� meeting, in the Aldermen's Conference Room to discuss the Lease Agreement with
McHenry Savings Bank.
April 4, 2005
Page 8
FUTURE AGENDA ITEMS
There were no Future Agenda Items stated.
ADJOURNMENT
Motion by Wimmer, seconded by Condon, to adjourn the meeting at 8:20 p.m.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
The Meeting was adjourned at 8:20 p.m.
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MAYOR ITY CLIRK
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