HomeMy WebLinkAboutMinutes - 02/07/2005 - City Council REGULAR MEETING
FEBRUARY 7, 2005
The Regular Meeting of the McHenry City Council was called to order by Mayor Low
at 7:30 P.M. on Monday, February 7, 2005 in the Council Chambers of the Municipal
Center. At roll call the following Aldermen were present: Bolger, Glab, Low, Murgatroyd,
Wimmer and Condon. Absent: Peterson. City Staff in attendance were: City
Administrator Maxeiner, City Clerk Jones, City Attorney McArdle, Chief of Police O'Meara,
Director of Public Works Marcinko, Director of Finance Kline, Director of Community
Development Napolitano, Director of Parks and Recreation Merkel, Community Relations
Management Assistant Hobson, City Administrator Assistant Martin. Absent: None.
TEN MINUTE PUBLIC INPUT SESSION
No one signed in to speak at the Ten Minute Public Input Session.
CONSENT AGENDA
Motion by Bolger, seconded by Wimmer, to approve the Consent Agenda as
presented:
A. Final Payment for Washroom/Storage Building Project at Petersen
Park— Carmichael Construction;
B. Award of Bid for Purchase of Water Division Backhoe/Loader —
McCann Industries Inc.
C. Farm Lease Agreements between the City of McHenry and
a. James P Finch —former Levy Property
b. Tom King —former Cunat Property
c. Scott Chambers— Petersen Farm Property.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Condon.
Voting Nay: None.
Absent: Peterson.
Motion carried.
2005 ANNUAL JAYCEE DAYS FOURTH OF JULY EVENT:
• REQUEST FOR USE OF PETERSEN PARK
• WAIVER OF ALL ASSOCIATED FEES
• USE OF CITY SUPPORT SERVICES: and
AWARD OF CONTRACT FOR 2005 ANNUAL JAYCEES DAYS FOURTH OF JULY
FIREWORKS PROGRAM — BRITE STAR PRODUCTIONS
Director of Parks and Recreation Merkel informed Council that every year the City
of McHenry partners with the McHenry Area Jaycees to produce the annual Fourth of July
fireworks celebration.
Director Merkel noted that in past years the Jaycees have contributed $15,000
toward the cost of the program and the City has contributed $10,000. However, due to
expanding program commitments, decreased corporate sponsorship, and budgetary
constraints, the Jaycees have reluctantly reduced the contribution this year to $10,000.
Director Merkel informed Council that should the City's contribution to the program remain
unchanged the resulting reduction in the fireworks contract would result in a shorter
February 7, 2005
Page 2
program. Alternatively, Staff suggests Council consider increasing the City's portion of the
show to $15,000, to retain the quality and duration of the event. Director Merkel noted the
Jaycees pay for the DJ and the rental of the sound system for the event's musical
component.
Director Merkel stated, in selecting a firm for the 2005 fireworks display, Requests
for Qualifications were sent to several firms in 2004. The process consisted of a
questionnaire requesting technological capabilities, safety data, list of community
references, and information on comparable pyrotechnic displays electronically
choreographed to music. A list of scheduled 2004 shows was requested from each fine
presenting an opportunity for the Jaycees Committee to view comparable productions.
Based upon the information submitted, the Committee recommended soliciting proposals
from Melrose Pyrotechnics and Brite Star Productions for the 2005 fireworks event.
Following consideration of the proposals and the evaluation of the shows viewed in 2004,
a letter dated January 28, 2005 was received from Jaime Rous, the 2005 Jaycee Day
Fireworks Chairperson, supporting the choice of Brite Star Productions.
Mayor Low commended the Jaycees on their continuing working relationship with
the City. Mayor Low requested Council consider the City increase its contribution from
$10,000 to $15,000 for the 2005 fireworks program. City Administrator Maxeiner informed
Council that should the contribution remain the same the duration of the program would
remain the same, however fewer shells would be released during the program.
Alderman Condon opined that the annual fireworks event is an important citywide
event. Alderman Condon stated she supports the increased contribution if it improves the
presentation. Alderman Wimmer concurred with Alderman Condon. Alderman Murgatroyd
stated he would support the consensus.
Alderman Glab stated he was disappointed that more vendors were not solicited
and he would not support the City's contribution of additional funds.
It was the consensus of Council to increase the City's contribution to the Jaycee's
2005 Fireworks Display from $10,000 to $15,000 in order to maintain the duration and the
quality of the show.
Motion by Murgatroyd, seconded by Condon to accept Staffs recommendation to
approve the McHenry Area Jaycees request for:
• The use of Petersen Park on July 2, 2005, with a rain date on July 3, 2005 for the
2005 Fourth of July Fireworks Event;
• City Support Services; and
• Waiver of Park Rental Fees.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Condon. —
Voting Nay: None.
Absent: Peterson.
Motion carried.
February 7, 2005
Page 3
Motion by Murgatroyd, seconded by Condon, to accept the recommendation from
the Jaycee Day Fireworks Committee to extend a contract to Brite Star Productions, Inc.,
for the July 2, 2005 fireworks display show, in the amount of$20,000.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Condon.
Voting Nay: None.
Absent: Peterson.
Motion carried.
Jamie Rous, 2005 Jaycee Day Fireworks Chairperson, addressed Council
expressing appreciation for the City's continuing support and the cooperative effort. A
check in the amount of$12,200 was presented to Director Merkel from the McHenry Area
Jaycees.
REQUEST FOR AMENDMENT TO CONDITIONAL USE PERMIT — INSULATION
SUPPLY INC. 3981 ALBANY STREET
Director of Community Development Napolitano informed Council the Applicant
originally received a Conditional Use Permit in April 2001 to allow the outdoor storage of
roofing and shingles at 3981 West Albany Street by Ordinance No. ORD-01-1008. As a
condition of approval the location of outdoor storage was limited to a fenced-in area on the
west portion of the site. Director Napolitano stated the business at Roofing and Insulation
Supply, Inc. has thrived and the Applicant is before Council requesting approval to expand
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the area of outdoor storage.
Director Napolitano stated the proposed area of expansion is approximately 16,500
square feet to the south and east. The perimeter of the expanded area would be fenced
by 6-foot high chain link fence with privacy mesh to match the existing fence. The surface
of the expanded area would be gravel to match the existing outdoor storage area.
Director Napolitano informed Council that the Zoning Ordinance states that any
expansion, enlargement or structural alteration of a Conditional Use requires that the
Applicant first appear before Council, which may grant the proposed expansion or refer the
Applicant to the Planning and Zoning Commission for a new Public Hearing.
Staff has no concerns with the proposed expansion of the outdoor storage area.
The character of the area is industrial and outdoor storage is typically associated with
industrial use. The major impacts of the proposed expansion are on the property to the
south, the Budreck Farm, which is currently being farmed.
Director Napolitano noted the Council might soon be considering a proposal for a
residential development on the Budreck Farm property. However, he pointed out there
exists a 75-foot wide gas pipeline easement between the subject property and the Budreck
Farm; a tree line separates the gas pipeline from the Budreck Farm. It is Staffs opinion
that sufficient separation and screening would be provided should a residential use be
�.. approved on the Budreck Farm at some point in the future. Staff recommends Council
consider the expansion of the Conditional Use Permit without referring the matter back to
the Planning and Zoning Commission.
February 7, 2005
Page 4
Responding to Alderman Condon's inquiry, Director Napolitano stated he believes
the tree line is on the Budreck property.
Alderman Glab suggested the Applicant be required to pave the property within a
specific amount of time.
Attorney Steve Cuda, of the law firm of Hamer, Schuh & Cuda, representing the
Applicant, addressed Council. He informed Council that the area of the expanded
conditional use is at the back of the property. He indicated that part of the lot would be
paved. Alderman Glab opined that the entire lot should be paved.
Motion by Wimmer, seconded by Bolger, to direct Staff to prepare an ordinance
amending the Conditional Use Permit for Roofing and Insulation Supply, Inc., located at
3981 West Albany Street, to allow an expansion of the outdoor storage area in accordance
with the plans submitted, subject to:
• The expanded area being fenced by a 6-foot high chain link fence with privacy
mesh matching the existing fence; and
• The surface of the expanded area being covered with gravel to match the existing
outdoor storage area.
Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Condon. _--
Voting Nay: Glab.
Absent: Peterson.
Motion carried.
AUTHORIZATION TO ENTER INTO A CONTRACT FOR PREPARATION OF CONCEPT
PLANS AND PRELIMINARY COST ESTIMATES FOR DOG PARK FACILITY — 31)
DESIGN STUDIO
Director Merkel informed Council that the Parks and Recreation Committee had
discussed the development of a community Dog Park at length. At the direction of the
Committee, Staff presented information on four potential sites at the January 12, 2005
meeting of the Parks and Recreation Committee. The Committee selected two
undeveloped sites based on size and location as follows:
• 50 acres, Fox Ridge Park addition, Levy donation; and
• 20 acres, Riverside Hollow, vacant parcel.
Director Merkel noted that 5.9 acres of the Riverside Hollow parcel is included in the
FAP 420 right-of-way.
The Committee also directed Staff to seek a proposal from 3D Design Studio for
development of concept plans and preliminary cost estimates for each of the sites.
Staff met with a representative of 3D Design on January 19, 2005 to discuss the
scope of work and to review the available site plans for the two parcels. Director Merkel
noted the City does not possess complete base maps or topographic surveys for either
site. However, two aerial color GSI photographs were submitted to 3D Design, along with
February 7, 2005
Page 5
plat maps for their use. 3D Design will use the GSI photographs together with additional
resources to create a base map for each site. Director Merkel stated the base map
preparation, design concept refinement, final design plan preparation and presentation
would total $7,225 in professional fees.
Alderman Glab opined the Levy property is a more adequate site for a Dog Park
due to limited surrounding development.
Motion by Condon, seconded by Murgatroyd, to accept the recommendation of the
Parks and Recreation Committee to approve a contract with 31) Design Studio for
preparation of concept plans and preliminary cost estimates for a Municipal Dog Park
facility, for both the Fox Park Ridge and Riverside Hollow properties, in an amount not-to-
exceed $7,225.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Condon.
Voting Nay: None.
Absent: Peterson.
Motion carried.
APPROVE REVISIONS TO THE 2005 CITY OF MCHENRY BICYCLE AND PEDESTRIAN
PATHWAY SYSTEM PLAN
Director Merkel informed Council that the 2005 City of McHenry Bicycle and
Pathway System Plan was presented to the Parks and Recreation Committee on
September 9, 2004. Director Merkel noted the current Plan is the first revision to the
original Bike Path Plan, which was adopted by City Council in 1991. He stated the current
plan incorporates the development of multi-use paths to accommodate a variety of uses.
Director Merkel recognized gratefully the participation of the staff of the Public
Works Department, then City Planner Martin and interdepartmental cooperative efforts,
which came together to facilitate development of the Plan.
Director Merkel stated the revised plan was developed with the intent to identify
potential bicycle paths and multi-use trails, blending into a comprehensive pathway
system, combining asphalt paths, crushed gravel and wood chip paths linking the
community together. A draft of the plan was presented at a Public Open House held on
May 10, 2004. Comments received at the meeting were positive and several constructive
revisions were suggested. A display of the proposed plan was displayed at the McHenry
Public Library for one month prior to the Public Open House. Staff is requesting Council
approve the 2005 City of McHenry Bicycle and Pathway System Plan.
Alderman Glab opined he does not care for the number of bike paths running
through residential areas, citing:
• concerns for child safety,
• fence variances; and
-�.. • flooding issues.
Responding to Alderman Glab's inquiry, Director Merkel stated the opportunity
February 7, 2005
Page 6
exists for an opportunity for grants, with matching Park Donation Funds. �.
Motion by Murgatroyd, seconded by Condon, to accept Staffs recommendation to
approve the 2005 City of McHenry Bicycle and Pathway System Plan as presented.
Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Condon.
Voting Nay: Glab.
Absent: Peterson.
Motion carried.
DISCUSSION: PROPOSED DOWNTOWN OVERLAY DISTRICT
Director Napolitano informed Council that the Community Development Committee,
at a meeting held on August 18, 2004, discussed creation of a Design Overlay District
(DOD) as part of the ongoing implementation of the Downtown Plan, which includes
developing plans for the Riverwalk and continuation of the overall downtown revitalization
process.
Director Napolitano stated Overlay Districts are commonly used as part of
preserving, protecting and enhancing certain areas of a city, including:
• Downtowns;
• Historic Preservation Areas;
• Wetland Areas; and —
• Water Recharge Zones.
Typically, the purpose of an Overlay District is to place additional regulations on a
specific area in addition to the regulations of the underlying zoning district. Director
Napolitano noted a property owner in an Overlay District would be required to follow both
sets of regulations to develop or redevelop their property.
Director Napolitano stated Staff is proposing something slightly different from a
typical Overlay District. Rather than imposing additional restrictions, the proposed DOD
seeks to provide the property owner with additional opportunities to improve or redevelop
their property. The proposed DOD would allow relief from certain zoning requirements,
provided the guidelines, requirements, procedures and criteria of the DOD are met.
Director Napolitano stated the criteria a property owner would be required to follow
for review of any proposed deviation would include:
• Conformance with the Downtown Plan;
• Conformance with the Downtown District Design Guidelines;
• Information regarding the relationship of the proposed improvements to adjacent
properties;
• Relationship to the Riverwalk, if applicable; and
• Adverse impacts on the public health, safety and welfare. —'
Director Napolitano noted the Downtown District Guidelines are an exhibit to the
proposed DOD Ordinance.
February 7, 2005
Page 7
Director Napolitano informed Council that a draft of the ordinance was presented at
the October 13, 2004 Community Development Committee meeting. The Committee
determined that the Overlay District boundaries should be concurrent with the Tax
Increment Financing (TIF) District. The committee recommended approval of the proposed
DOD Ordinance.
Director Napolitano informed Council the Planning and Zoning Commission at a
Public Hearing held on December 2, 2004 unanimously recommended approval of the
Development Overlay District as presented.
Alderman Bolger suggested a Public Hearing be held prior to Council approving the
Ordinance.
Alderman Glab suggested TIF funds be used to preserve architecture.
Alderman Wimmer commended Director Napolitano and then City Planner Martin on
their efforts. He indicated his support for the Downtown Overlay District. Aldermen
Murgatroyd and Condon concurred with Alderman Wimmer.
Motion by Condon, seconded by Wimmer, to accept the unanimous
recommendation of the Planning and Zoning Commission to approve an ordinance
creating a Downtown Overlay District in the City of McHenry.
Voting Aye: Glab, Low, Murgatroyd, Wimmer, Condon.
Voting Nay: Bolger.
Absent: Peterson.
Motion carried.
PROPOSED AMENDMENTS TO CITY OF MCHENRY ZONING ORDINANCE
Director Napolitano informed Council that Staff, in conjunction with updating the
City's Comprehensive Plan, has been working on revisions to the Zoning Ordinance. The
current revisions include a revised Planned Unit Development (PUD) Ordinance. It is
Staffs opinion that the existing PUD Ordinance is out of date and does not address current
land planning techniques, such as cluster development, traditional neighborhood
development and other aesthetically-related features typically seen in PUDs. Director
Napolitano stated the proposed change, deleting the PUD Ordinance and adding an
Integrated Design District (IDD), would allow more flexibility for land planning and
encourage environmentally-sensitive development.
Director Napolitano summarized qualities of PUDs in general, noting that PUDs are
essentially double-regulating, as they have an underlying zoning district to which they
must comply.
Director Napolitano explained the proposed IDD ordinance has no underlying
zoning district. Properties would be developed and approved based upon an ordinance,
-` which would be tied to a development plan. He noted the property would be zoned IDD
which would allow multiple uses on the property. The IDD zoning would be based upon
existing zoning classifications; however, variations to the district regulations would be
February 7, 2005
Page 8
permitted. Director Napolitano stated all proposed variances would be reviewed based on
meeting the purpose and intent of the IDD and the criteria for review of variances. He
stated the IDD designation would be tied to specific properties on the Comprehensive
Plan, which would likely be developed using the IDD zoning district classifications.
Director Napolitano noted the proposed IDD ordinance has been reviewed and modified
pursuant to the recommendation of City Attorney McArdle.
Director Napolitano informed Council the Community Development Committee
reviewed the proposed IDD ordinance on three separate occasions and the Planning and
Zoning Commission reviewed the proposed ordinance twice. Following final review by the
Community Development Committee, the revised ordinance was presented to the Planning
and Zoning Commission at a Public Hearing held on December 2, 2004. The Commission
unanimously recommended approval to amend the City's Zoning Ordinance by deleting the
existing PUD Ordinance and adding the proposed IDD ordinance.
Alderman Wimmer indicated support for the IDD Ordinance and expressed
appreciation to Director Napolitano for his concise explanation of a complicated and
detailed topic. Alderman Condon concurred with Alderman Wimmer.
Motion by Murgatroyd, seconded by Condon, to accept the unanimous
recommendation of the Planning and Zoning Commission, and to direct Staff to prepare an
ordinance deleting the existing PUD Ordinance, and replacing it with an IDD ordinance, —
subject to language being included which would strengthen the ordinance and prohibit
variance requests following Final Plat approval.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Condon.
Voting Nay: None.
Absent: Peterson.
MAYOR— STATEMENT AND REPORT
There was no Mayor Statement or Report.
COMMITTEE REPORTS
Alderman Condon distributed copies of the McHenry Area Youth Commission Board
Meeting minutes, dated January 27, 2005, to Council.
Chairman Alderman Wimmer informed Council a Transportation Committee Meeting
has been scheduled for February 14, 2005 at 6:30 p.m. in the Aldermen's Conference
Room. A representative from Smith Engineering Consultants will be making a presentation.
DEPARTMENT HEAD REPORTS
City Administrator Maxeiner informed Council the City's external auditing firm, Eder
Casella, would be present at a Finance and Personnel Committee meeting scheduled on
February 21, 2005 at 7:00 p.m. in the Aldermen's Conference Room. John Eder, principal
of the firm, will present the auditor's report for 2004. ,
FUTURE AGENDA ITEMS
Alderman Bolger opined the City should enter into discussions with the Illinois
February 7, 2005
Page 9
Department of Transportation regarding improved lighting on Elm Street.
Alderman Glab stated he received the report regarding the Hay Street property. He
requested clarification regarding the public right-of-way portion of the property. He opined
the City has a liability because it is unclear where the private drive-way ends and the City's
property begins. Additionally, he stated Council should review possible signage issues.
ADJOURNMENT
Motion by Wimmer, seconded by Condon, to adjourn the meeting at 8:40 p.m.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Condon.
Voting Nay: None.
Absent: Peterson.
Motion carried.
The Meeting was adjourned at 8:40 p.m.
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MAYOR ITY LE