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HomeMy WebLinkAboutMinutes - 11/05/2007 - City Council REGULAR MEETING NOVEMBER 5, 2007 A Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, November 5, 2007 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, City Attorney McArdle, City Clerk Jones, Deputy City Administrator Martin, Assistant City Administrator Hobson, Director of Finance Black, Director of Parks and Recreation Merkel, Director of Public Works Schmitt, Chief of Police O'Meara, Director of Community Development Napolitano. Absent: None. PUBLIC INPUT SESSION — 10 MINUTE LIMITATION There was no one who signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Motion by Wimmer, seconded by Santi, to approve the Consent Agenda as presented: A. Resolution establishing 2008 City Council Meeting Schedule; B. List of Bills: AALTO, BRIAN 132.75 ADAMS STEEL SERVICE INC 300.00 AT&T 3,804.68 BECKER, CASSANDRA L 125.38 BROGAN, WILLIAM J 37.61 CDW GOVERNMENT INC 92.99 COMED 22,667.30 CONNEY SAFETY PRODUCTS 220.79 CONSERV FS 878.40 EISELE, KELLY 114.00 FOXCROFT MEADOWS INC 351.00 G IMPRESSIONS INC 95.00 GITZKE, WILLIAM 438.90 HOME DEPOT/GECF 3,273.80 ILLINOIS DIRECTOR OF 6,434.00 ILLINOIS FBI NA 40.00 JONES, JOHN 154.28 KALE UNIFORMS INC 322.75 LANG PONTIAC-CADILLAC-SU 14.64 LUNKENHEIMER, PATTIE 91.02 MARTEL JR, ROBERT E 132.24 MCHENRY ANALYTICAL WATER 40.00 MCHENRY COUNTY CHIEFS OF 42.00 MCMICHAEL, DAWN 28.00 MIDWEST METER INC 4,561.44 MILLER MONUMENT COMPANY 85.70 MINUTEMAN PRESS OF MCH 73.00 PACE 12,265.21 PECHOUS, ROGER 16.50 SEC GROUP INC 11,835.00 STAPLES BUSINESS ADVANTA 166.76 UNITED PARCEL SERVICE 22.86 VALLEY VIEW ACRES 225.00 WASTE MANAGEMENT OF WI P 5,186.79 GRAND TOTALS 74,269.79 FUND TOTALS GENERAL FUND 48,309.82 TIF FUND 11,835.00 WATER/SEWER FUND 13,473.91 INFORMATION TECHNOLOGY FUND 651.06 TOTALS 74,269.79 November 5, 2007 Page 2 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR TEMPORARY ADVERTISING SIGNS AND WAIVER OF ASSOCIATED FEES FOR A HOLIDAY FLOWER EXTRAVAGANZA EVENT — MCHENRY GARDEN CLUB Assistant City Administrator Hobson stated a request was submitted by the McHenry Garden Club seeking permission to post advertising signs and waive all associated fees to announce their event scheduled for November 29, 2007 at McHenry East Campus High School. The Holiday Flower Extravaganza is intended to raise money to assist with City- wide beautification projects. Staff supports the request. Alderman Santi expressed his hope for a successful event. Responding to Alderman Murgatroyd's inquiry, Assistant City Administrator confirmed the signs would be posted subject to the property owners' permission. Alderman Condon acknowledged this is a good event for the City. Motion by Santi, seconded by Condon, to accept Staffs recommendation to approve a request submitted by the McHenry Garden Club to host a Holiday Flower Extravaganza at McHenry East Campus High School on November 29, 2007, and to allow the display of temporary advertising signs announcing the event, and to waive all associated fees. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. ORDINANCE GRANTING A VARIANCE TO INCREASE THE AMOUNT OF ALLOWABLE REAR YARD COVERAGE —JASON GOLNIK, 3606 JOHN STREET Director of Community Development Napolitano stated an application for a variance to permit an increase in allowable rear yard coverage for the property located at 3606 John Street was submitted by property owner Jason Golnik. Director Napolitano noted there is an existing garage on the site and the applicant intends to construct a new house on the premises. Director Napolitano explained when the garage was first constructed, the lot was part of a larger parcel and complied with the Zoning Ordinance. Since that time however, the applicant subdivided the property creating two lots. The subdivision of the property resulted in the newly-constructed garage being too large for the lot upon which it is constructed. In order to accommodate the new residence, a variance is required. , November 5, 2007 Page 3 Director Napolitano noted the Planning and Zoning Commission considered the request at a Public Hearing held on October 18, 2007 and unanimously recommended its approval. Responding to Alderman Murgatroyd's inquiry, Director Napolitano stated the correct process was followed by the applicant in subdividing the property, noting it was subdivided by an exception of the Plat Act. In response to Alderman Peterson's inquiry regarding an explanation of the exception to the Plat Act, City Attorney McArdle stated the subdivision of the property is legal and permitted by State Statute. Alderman Glab inquired when the change went into effect that subdivision of a parcel was not required to come before Council for approval. Director Napolitano replied the subdivision requirements are spelled out in the Subdivision Control and Development Ordinance. Alderman Glab requested Staff confirm the applicant conformed to ordinance requirements regarding the subject property. Motion by Murgatroyd, seconded by Santi, to accept the unanimous recommendation of the Planning and Zoning Commission, to pass an ordinance granting a variance to allow 65% coverage of the rear yard for the property located at 3606 West John Street as submitted by Jason Gofnik. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR SIGN VARIANCE — ST. PATRICK'S CATHOLIC CHURCH, 3500 WEST WASHINGTON STREET Director Napolitano stated a request was received from Father Nail[, pastor of St. Patrick's Catholic Church, seeking a sign variance to allow placement of a new free- standing sign within one foot of the property line along Washington Street. The sign ordinance requires that free-standing signs be placed at least five feet from the property line. The sign would be 4-6' high and no more than 9 square feet in area. As the sidewalk is 20' wide in the area in front of the church, the placement of the sign one foot to the north of the sidewalk should have no impact on vehicular traffic. Director Napolitano stated it is Staff s recommendation to approve the request. Motion by Schaefer, seconded by Condon, to accept Staff s recommendation to approve a sign variance to allow placement of a free-standing sign one foot from the south property line at St. Patrick's Catholic Church as presented. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. ti Abstain: Glab. Absent: None. Motion carried. November 5, 2007 Page 4 REQUEST FOR A SIGN VARIANCE FOR OFF-SITE ADVERTISING SIGN — —� NICOLINO'S. 621 RIDGEVIEW DRIVE In attendance was Joe Bono, owner and proprietor of Nicolino's Italian Restaurant located at 621 Ridgeview Drive. Director Napolitano stated a request was submitted by Joe Bono, owner of Nicolino's Italian Restaurant located at 621 Ridgeview Drive, seeking a sign variance to allow the construction of an off-site advertising sign on the Pacini Property located at the northwest corner of the intersection of Route 31 and Bull Valley Road. The sign would be comprised of 100 square feet, be 19' high, and be set back approximately 2' from the north property line. The purpose of the sign would be to advertise Nicolino's Restaurant and off-track betting. Director Napolitano stated the sign ordinance does not allow off-site advertising signs. Staff is concerned that granting such a request would set a precedent. Consequently, Staff does not support the request, and recommends its denial. Alderman Condon noted she would like to support businesses in town, but does not want to set a precedent. Alderman Wimmer stated Council has recently reviewed the sign ordinance and does not want to begin setting precedents which do not conform to the code. Alderman Santi concurred with Aldermen Condon and Wimmer. Alderman Peterson stated it is a difficult decision. Off-track betting brings revenue to the City. At the same time setting a precedent is not a desirable option. Alderman Glab concurred with Alderman Peterson. Alderman Schaefer noted he concurred with Aldermen Santi, Peterson, Wimmer and Condon, and supports Staffs recommendation. Alderman Murgatroyd stated he would like to have seen the -permanent sign constructed which was formerly approved by Council, prior to the request being submitted for an additional off-site advertising sign. He noted he is not certain how the installation of an off-site sign would enhance the business. Mr. Bono addressed Council noting the first sign company he had hired was not reputable so he had to re-start the process of designing and contracting for the advertising sign. He stated the permanent sign will be erected in the spring. Motion by Wimmer, seconded by Santi, to accept Staffs recommendation to deny the request for an off-site advertising sign for Nicolino's Italian Restaurant, to be constructed on the Pacini Property located at the northwest corner of the intersection of Route 31 and Bull Valley Road. , November 5, 2007 Page 5 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. • Voting Nay: None. Absent: None. Motion carried. ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIANCE TO A RESTAURANT/COFFEE SHOP — DEANO VASS, SOUTHWEST CORNER OF INTERSECTION OF NORTH RICHMOND ROAD AND DIAMOND DRIVE IN NORTHGATE WEST SUBDIVISION In attendance representing the applicant was Walter Hainsfurther, President of Kurtz Associates Architects. Director Napolitano stated the applicant is seeking a conditional use permit to allow a drive-up window at a restaurant/coffee shop in a multi-tenant 7,142 square foot building in the Northgate West Development. The site plan indicates more than the required five stacking spaces for the drive-up window. Traffic flow through the site is well-planned. The applicant is also seeking a variance to allow a reduction in the required foundation base landscaping. Director Napolitano stated, although the site would be well- landscaped, a variance is necessary with respect to the foundation base plantings required for the front building fagade. The applicant intends to maximize the visibility of the tenants and is therefore requesting less landscaping in front of the building. Director Napolitano noted the Planning and Zoning Commission considered the request at its October 18, 2007 meeting and unanimously recommended approval. Director Napolitano stated Staff supports the conditional use permit and variance subject to conformance to the site plan submitted with the request. Staff further recommends that the rear fagade of the building be modified to enhance its appearance. Mr. Hainsfurther addressed Council and presented two options which could be used to enhance the appearance of the rear building fagade. He noted the building constructed would be of masonry and would be aesthetically pleasing. City Administrator Maxeiner stated Option B is headed in the right direction, but still does not provide the type of fagade enhancement the City is seeking. The side of the building visible from Schaid Court must be more aesthetically pleasing. He noted there is an issue with the rear of the building to the south in the development. Mr. Hainsfurther stated he would be happy to continue working with Staff until a satisfactory west elevation is achieved. Alderman Murgatroyd stated he would be comfortable approving the ordinance subject to Staff s approval of the enhanced building elevations. Alderman Wimmer noted he likes the position of the building. He suggested roofline alterations to enhance the rear building fagade. Alderman Peterson questioned if Staff is satisfied with the east elevation of the November 5, 2007 Page 6 building. City Administrator Maxeiner replied in the affirmative. The concern is the west side of the building which is visible from Schaid Court. Alderman Condon stated the City has learned from past developments what is acceptable. She expressed concern regarding the traffic flow for the drive-up facility. Mr. Hainsfurther noted traffic within the strip center is one-way. Alderman Santi stated he is comfortable with Staff having the final approval of the building elevations. He concurred with Alderman Wimmer regarding possible roof line alterations for the west elevation. Alderman Glab concurred with Alderman Wimmer. An inquiry was made regarding the lighting plan which would be reviewed and approved by Staff. Motion by Schaefer, seconded by Wimmer, to accept the unanimous recommendation of the Planning and Zoning Commission, to pass an ordinance granting a conditional use permit for a drive-up window at a restaurant/coffee shop, and a variance to allow a reduction in the required foundation base landscaping, for the property located at the southwest corner of the intersection of North Richmond Road and Diamond Drive, as requested by Deano Vass. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR— STATEMENT AND REPORT Mayor Low reported McHenry County Council of Governments (MCCG) is hosting their monthly meeting on Wednesday, November 14, 2007 at Lou Malnati's Pizzeria. Anyone planning to attend should contact Executive Assistant Marci Geraghty by Friday, November 9, 2007. Mayor Low also announced the City of McHenry would be hosting the monthly MCCG meeting on December 12, 2007 at the McHenry Country Club. Mayor Low reported the Character Counts! pillar for November is Responsibility. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS There were no Department Head Reports. FUTURE AGENDA ITEMS Alderman Glab inquired about visibility issues on Municipal Drive. He suggested Staff look at the four-way sight lines at the ridge, particularly at the Municipal Parking Lot entrance across from the entry/exit for the medical office building. He suggested there is visual impairment at this location. November 5, 2007 Page 7 ADJOURNMENT Motion by Sant!, seconded by Schaefer, to adjourn the meeting at 8:14 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 8:14 p.m. MAYOR CITY C