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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 April 4, 2005 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 April 4, 2005 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 April 4, 2005 Page 4 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 April 4, 2005 Page 5 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 April 4, 2005 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. r MAYOR ITY CLIRK r r i