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HomeMy WebLinkAboutMinutes - 11/06/2006 - City Council REGULAR MEETING NOVEMBER 6, 2006 A Regular Meeting of the McHenry City Council was called to order by Mayor Low at `— 7:30 P.M. on Monday, November 6, 2006 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 City Administrator Martin, City Attorney McArdle, City Clerk Jones, Chief of Police O'Meara, Director of Public Works Marcinko, Director of Community Development Napolitano, Director of Finance Black, Director of Parks and Recreation Merkel, Management Assistant for Community Relations Hobson. Absent: None. Mayor Low acknowledged the attendance of members of Webelos Pack No. 131 and requested they lead Council in the Pledge of Allegiance. TEN MINUTE PUBLIC INPUT SESSION There was no one who signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Mayor Low requested Consent Agenda Item D, Resolution establishing Council's 2007 meeting schedule be pulled for further discussion. Motion by Schaefer, seconded by Santi, to approve the Consent Agenda as amended: A. Approve committee recommendation to enter into a contract with 3D Studio for design, documentation preparation, and construction observation services for renovations to Malibu Playground and Creekside Park, $7,975; B. Request to close a portion of Green Street and to close a portion of John Street for Collier Barcus Honorary Street Sign Ceremony, November 9, 2006; C. Approve ordinance amending Municipal Code Chapter 2, Section 2-38, regular Council meeting day; E. Approve City Council Meeting minutes: October 30, 2006 regularly scheduled meeting. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CONSENT AGENDA ITEM D: RESOLUTION ESTABLISHING COUNCIL'S 2007 REGULAR MEETING SCHEDULE Mayor Low stated she has a conflict with the proposed scheduling of a Council meeting on June 2Vh and requested the June meetings be scheduled on June 4, 11 and 18, 2007. November 6, 2006 Page 2 Alderman Glab stated there would be a three-week gap in meetings between June �- le and July 9"' and suggested Wednesday, June 27"' be utilized in lieu of Monday, June 1 S"'. Motion by Wimmer, seconded by Condon, to approve a resolution establishing Council's 2007 regular meeting schedule as follows: JANUARY - 7:30 P.M. FEBRUARY - 7:30 P.M. MARCH - 7:30 P.M. 8 Monday 5 Monday 5 Monday 15 Monday 12 Monday 12 Monday 29 Monday 19 Monday 19 Monday APRIL - 7:30 P.M. MAY - 7:30 P.M. DUNE - 7:30 P.M. 2 Monday 7 Monday 4 Monday 16 Monday 14 Monday 11 Monday 23 Monday 21 Monday 18 Monday 30 Monday Annual Meeting JULY - 7:30 P.M. AUGUST - 7:30 P.M. SEPTEMBER - 7:30 P.M. 9 Monday 6 Monday 10 Monday 16 Monday 13 Monday 17 Monday 30 Monday 27 Monday 24 Monday OCTOBER - 7:30 P.M. NOVEMBER - 7:30 P.M. DECEMBER - 7:30 P.M. 1 Monday 5 Monday 3 Monday 15 Monday 12 Monday 10 Monday 29 Monday 19 Monday 17 Monday Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR SETBACK, PARKING AND BUILDING CODE VARIANCES: CONDITIONAL USE PERMIT FOR A RESTAURANT SERVING ALCOHOLIC BEVERAGES—921 NORTH FRONT STREET In attendance were Attorney Steven Cuda, Applicant Jim Pappas, and Architect Mike Coan. Director of Community Development Napolitano summarized the Applicant's request, noting Mr. Pappas is seeking the following for his property located at 921 North Front Street: 1. Variance granting a reduction in the required number of parking spaces on the premises for a restaurant use; 2. Variance to allow a reduced setback for the building and addition and a conditional use permit to allow a restaurant serving alcoholic beverages on the site; 3. Building Code Variance to allow vinyl siding on the building which would house the restaurant. November 6, 2006 Page 3 Director Napolitano stated the Planning and Zoning Commission, at a Public Hearing held on July 6, 2006 and continued on August 3, 2006, heard testimony regarding �-- the Applicant's requests. The Commission, after consideration of the testimony, voted to: 1. deny the requested parking variance; 2. approve the requested building setback variance; 3. approve the requested conditional use permit to allow the operation of a restaurant serving alcoholic beverages. Director Napolitano noted that following the Public Hearing, the Applicant has also requested a variance from the Building Code which would allow vinyl siding to be installed on the exterior of the restaurant. Director Napolitano stated Staff supports the parking variance, the setback variance and conditional use permit. However, Staff believes the Applicant should conform to the Building Code and install aluminum siding on the building in order to preserve the two-hour fire rating standard of the building. Director Napolitano also noted as the Planning and Zoning Commission denied the requested parking variance, Council must vote by a 2/3 majority (5 of 7 votes) to override the denial. Attorney Cuda addressed Council stating the Applicant has done everything possible to address the parking issue. The Applicant has even sought cross access parking agreements with neighboring businesses. Attorney Cuda noted the Applicant is attempting to participate in the redevelopment of an older part of town. The Applicant is requesting Council concede regarding the parking variance issue. Alderman Murgatroyd inquired where employees would park. Mr. Pappas responded employees would park on the site. Responding to further inquiry, Mr. Pappas stated the apartment above the restaurant has three bedrooms. Director Napolitano stated no more than six persons would be living in the apartment. Alderman Wimmer stated he had no issue with the parking variance being granted. Alderman Peterson opined there could be an issue due to the challenge of the John Street encroachment and on-street parking. Alderman Condon stated the parking variance issue is a difficult decision. Council needs to weigh the benefit of filling a vacant building versus the constraints of inadequate parking. Alderman Condon stated she supports doing all that is possible to facilitate a new venture in the community. However, she does have concerns with congestion on John street. Alderman Santi concurred with Alderman Condon. Parking is a concern. John Street congestion is also a concern. He did state, however, the site plan and architectural '`- drawings indicate improvement of the site. Alderman Santi stated he supports Mr. Pappas' willingness to improve the area. November 6, 2006 Page 4 Alderman Glab stated he has issues with the parking variance. He opined the City would end up having to pay for additional parking if Council continues to approve parking variances. He further stated it should be up to the business owner to comply with parking regulations. Parking has always been an issue for downtown businesses. Alderman Schaefer inquired if there are currently 26 parking spaces on the premises. Director Napolitano responded once the building addition is completed there would be 26 spaces on the site. Alderman Schaefer stated he also has a problem with John Street congestion. He recognized that the road is in need of repair. He noted he has some issues with the parking variance, however, he would like to see downtown revitalization occur. Mayor Low stated the building has been in a state of disrepair for a long time. She expressed her support of downtown revitalization. Alderman Murgatroyd inquired if trucks would enter John Street from Route 31 to make deliveries. Mr. Pappas acknowledged that was correct. Deliveries would be made early in the morning. Responding to further inquiry, Director Napolitano stated there was no shortage of parking while the last tenant rented the buildings on the property. Alderman Murgatroyd inquired as to the Main Street Sub-Area and inquired if this property would be included in that plan area. Director Napolitano responded the boundary of the Main Street Sub-Area has not been finalized yet. -� Alderman Glab reiterated his concerns regarding the lack of parking for the facility. City Administrator Maxeiner, responding to concerns expressed regarding the parking shortage in the area, noted the property to the north is zoned C4 Downtown Commercial, which has no parking requirements. City Administrator Maxeiner stated Council must decide if the redevelopment of the property is a priority or if potential parking issues should take precedence. A lengthy discussion ensued. Motion by Murgatroyd, seconded by Santi, to take into consideration the Planning and Zoning Commission's recommendation for denial, but to approve an ordinance granting a parking variance for the property located at 921 North Front Street to allow a parking space reduction from 83 to 26 parking spaces on the premises. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: Glab, Peterson. Absent: None. Motion carried. Director Napolitano noted the second matter for Council consideration regarding this property is an ordinance allowing a setback variance and granting a conditional use permit to allow a restaurant serving alcoholic beverages. Director Napolitano stated the Applicant intends to have a service bar only on the premises. November 6, 2006 Page 5 Motion by Santi, seconded by Condon, to accept the recommendation of the Planning and Zoning Commission, to pass an ordinance allowing a setback variance and granting a conditional use permit to allow a restaurant serving alcoholic beverages on the property located at 921 North Front Street. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. Director Napolitano noted the final request before Council this evening regarding this property is a request for a variance from the Building Code which requires the installation of aluminum siding on the exterior of the building. The Applicant is seeking a variance to allow the installation of vinyl siding. Alderman Murgatroyd noted this is a safety issue which should be addressed. Alderman Wimmer concurred with Alderman Murgatroyd. Alderman Wimmer inquired why _ there is a difference in the building code regarding commercial and residential structures as far as siding is concerned. Director Napolitano explained the difference is the potential uses which are permitted in the commercial district. Alderman Peterson stated he regrets the burden on the owner, but agrees with Staff in that aluminum siding should be required. Aldermen Condon, Santi, and Schaefer '— concurred. Motion by Murgatroyd, seconded by Wimmer, to approve the request for variance from the building code which requires aluminum siding on the building located at 921 North Front Street. Voting Aye: None. Voting Nay: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Absent: None. Motion failed. Mayor Low noted that former Mayor Cuda commissioned the Millennium Quilt which now hangs in the Municipal Center Atrium. INTERGOVERNMENTAL AGREEMENT FOR PURCHASE OF SNOW AND ICE CONTROL SALT WITH VILLAGE OF PRAIRIE GROVE City Administrator Maxeiner stated Staff had been approached by the Village of Prairie Grove to assist in providing them with salt for snow and ice control for the 2006- 2007 winter season. An intergovernmental agreement has been prepared to facilitate the request. Salt would be purchased through the State Procurement Program and stored at the City's salt storage facility. Alderman Condon expressed her support of cooperation with other municipalities. November 6, 2006 Page 6 Alderman Glab stated the City should be reimbursed for man-hours involved in loading the salt. Alderman Murgatroyd concurred with Alderman Glab. Motion by Condon, seconded by Wimmer, to accept Staff s recommendation to enter into an Intergovernmental Agreement with the Village of Prairie Grove for the purchase and storage of snow and ice control salt for the 2006-2007 winter season. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. ORDINANCE AMENDING MUNICIPAL CODE CHAPTER 8, FLOOD PLAIN REGULATIONS Director Napolitano stated the City recently received notice from the Federal Emergency Management Agency (FEMA) and the Illinois Department of Natural Resources (IDNR). The agencies are in the process of updating the Flood Plain Maps used to determine flood insurance rates for communities. As part of the process, the City is required to update its current Flood Plain Regulations found in Chapter 8 of the Municipal Code. The ordinance before Council for consideration this evening revised the Code as requested. Director Napolitano noted further amendments could follow once the County updates their code. - Alderman Peterson inquired when the maps would be completed. Director Napolitano responded the maps are finished and will soon be on FEMA's website. Motion by Peterson, seconded by Condon, to accept Staffs recommendation to pass an ordinance revising Municipal Code Chapter 8, Flood Plain Regulations to conform to the requirements of FEMA and IDNR. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR— STATEMENT AND REPORT Mayor Low reminded Council of the program honoring Collier Barcus on Thursday, November 9, 2006 at 1 p.m. at the intersection of Green Street and John Street. Mayor Low also reminded Council of the Combined Veteran's Day Ceremony scheduled for Saturday, November 11, 2006 at 10:00 a.m. at the VFW. COMMITTEE REPORTS Chairman Alderman Peterson announced a Parks and Recreation Committee Meeting is scheduled for Wednesday, November 8, 2006 at 7 p.m. in the Aldermen's Conference Room. November 6, 2006 Page 7 STAFF REPORTS City Clerk Jones announced that Deputy Clerk Kunzer prepared the election petition packets for the April 17, 2007 Consolidated Election and they are available for pickup by potential candidates. FUTURE AGENDA ITEMS Alderman Glab requested Staff look into developers cleaning up streets at the end of the workday. ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 8:52 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjou .ed at 8:52 p.m. MAYOR CITY C