HomeMy WebLinkAboutPacket - 05/15/2006 - City Council City ®f MCHenry
333 South Green Street www.ci.mchenry.il.us
McHenry,Illinois 60050-5495
Mayor's Office AGENDA
(815) 363-2108 REGULAR CITY COUNCIL MEETING
Fax (815) 363-2119 Monday, May 15, 2006, 7:30 P.M.
Clerk's Office
(815)363-2100 1. Call to Order
Fax(815)363-2128
Administration 2. Roll Call
(815)363-2108 a
Fax(815)363-2119 3. Pledge of Allegiance
Public Works 4. Public Input Session — 10 Minute Limitation
Community
Development 5. Consent Agenda:
(815)363-2170 A. FY 2006/07 Advantage EAP Employee Assistance Program agreement, $5,889;
Fax(815)363-2173 B. Final pay request from CornerStone Material Recovery, Inc. for demolition of former Wahl
Appliance building, 1209 Court Street, $23,870;
Parks and Recreation C. Police Department request to renew membership agreement with NIPCL, $26,250;
(815)363-2160 D. Parks and Recreation Department Special Use/Picnic Permits; and
Fax(815)363-3186 E. May 1, 2006 City Council meeting minutes.
Police Non-Emergency 6. Amendment to conditional use permit, A Child's Place Learning Center, 2214 West Route 120
(815)363-2200
Fax(815)363-2149 7, Request for use of Petersen Park for 3nd Annual Snowmobile Watercross Event and
Car/Motorcycle Show, from Riverbend Limited Partnership, LLC
Mayor g. Special Event Liquor License from Riverbend Limited Partnership, LLC for 3"'Annual Snowmobile
Susan E.Low
Watercross Event
City Clerk
Janice C.Jones 9• Use variance to allow a financial institution in C-5 District, 804 Front Street
Treasurer 10. Municipal Drive Improvements
David M.Welter
11. Ordinance adopting a text amendment to Chapter VI1, Table 13 of McHenry Zoning
Aldermen Ordinance, off-street parking and loading
WARD 1 12. Request to waive bid requirements and purchase a 2005 Ford Taurus program vehicle from
Victor A. Sand Buss Ford in the amount of $1 1,600
WARD 2 13. Intergovernmental Agreement with McHenry Public Library District
Andrew A.Glab
WARD 3 14. Mayor — Statement and Reports
Jeffrey A. Schaefer
15. Committee Reports
WARD 4
Steven C.Murgatroyd 16. Staff Reports
WARD 5 17. Future Agenda Items
Richard W.Wimmer
18. Adjournment
WARD 6
Robert J.Peterson Posted and Mailed: May 10, 2006
WARD 7
Geri A.Condon
CONSENT AGENDA
The Consent Agenda for the May 15, 2006 City Council meeting consists of the
following items:
A. FY 2006/07 Advantage EAP Employee Assistance Program agreement, $5,889;
B. Final pay request from Cornerstone Material Recovery, Inc. for demolition of former Wahl Appliance
building, 1209 Court Street, $23,870;
C. Police Department request to renew membership agreement with NIPCL, $26,250;
D. Parks and Recreation Department Special Use/Picnic Permits; and
E. May 1, 2006 City Council meeting minutes.
Attachments
CONSENT AGENDA
TO: Mayor and City Council
FROM: Douglas P. Martin, Assistant City Administrator
FOR: May 15, 2006 Regular City Council Meeting
RE: Advantage EAP Employee Assistance Program
RECOMMENDATION: To approve the attached agreement with Advantage EAP
Employee Assistance Program, for FY-2006/2007 estimated at $5,889
Since 1996, the city has contracted with a service provider for the Employee Assistance Program.
This program provides both the employer and employee with confidential and professional
intervention in dealing with personal problems that may affect work performance. The program
helps to resolve these personal problems and restore troubled employees to their maximum
productivity.
In addition to counseling assistance and referrals, the EAP provides educational materials,
workshops and seminars. McHenry Family Services has been the city's service provider for several
years, offering high quality services and located within the city limits. Staff is recommending renewal
with McHenry Family Services for the 2006/07 year.
The amount of the contract is based on the number of employees and is payable at the beginning of
each contract period in May and November. The amount of the annual contract is estimated at
$5,889; a total of$7,000 is included in the Administration budget for the 2006/07 fiscal year.
mmg
EAP ,�6
ter.,
EMPLOYEE ASSISTANCE PROGRAM
A Program of Family Service&Community Mental Health Center
AGREEMENT
BETWEEN
FAMILY SERVICE& COMMUNIY MENTAL HEALTH .
CENTER FOR MCHENRY COUNTY
and
CITY OF MCHENRY
To Deliver Employee Assistance Program Services
Through
AdvantageEAP
May 1,2006 through April 30,2007
I. OVERVIEW
AdvantageEAP(Employee Assistance Program)is designed to benefit both an employer and the
employee through the early identification of personal problems which can or do affect work
performance, and by the provision of confidential and professional intervention to help resolve
these personal problems so as to restore troubled employees to their maximum productivity.
AdvantageEAP will be engaged in the provision of an EAP to City of McHenry using a proven
system of services and a team of trained specialists.
II. PROGRAM IMPLEMENTATION&SERVICE DELIVERY
A. Clinical Services
1. Comprehensive assessment services,including referral and linkage within 3 days
of the assessment. Assessment is available on a planned or emergency basis.
Referrals to AdvantageEAP can be made by the employee, a supervisor or
Human Resources representative,or a family member of the employee. When a
referral is received by telephone,the staff member taking the call shall inform the
EAP Director or the back up AdvantageEAP staff for immediate response.
2. Assessment, 5 sessions and appropriate referral.
3. Ongoing,unlimited individual consultation will be provided for any supervisor or
administrator requesting assistance with any type of employee performance
related problem and specific work place situations.
4. Feedback to a supervisor regarding employee's compliance with a referral and
ongoing services with the existence of a signed Authorization for the Release of
Information.,
5. Personnel policy. review and consultation as requested. This includes
consultation regarding compliance with federal drug mandates.
6. Regular review and evaluation of program services and components.
Our Mission: "Helping People Help Themselves" Since 1959
�1 0 00—L EL o�fi`�
5320 W. Elm Street,McHenry,IL 60050 (815) 385-6400 Fax(815) 385-4325 info@AdvantageEAP.com
www.AdvantageEAP.com
$ In formation Services
I. The AdvantageEAP Director or staff member(s)will meet when requested with
the designated member(s)of the City of McHenry EAP Advisory Committee to
consult with the committee on EAP activities, awareness, material selection,
communication of program use and program activities, evaluation of the
program, ongoing consultation of AdvantageEAP policies and procedures and
consultation with the committee on other programs that affect employees and
may integrate well with AdvantageEAP. Supervisory training and educational
sessions will be provided as indicated and requested by management. Wellness
workshops,seminars and training will be offered to all employees and immediate
family members. An immediate family member shall be defined as a spouse,
child and/or step-child.
2. AdvantageEAP will purchase,print and distribute all EAP educational materials
such as brochures, posters, newsletter articles, etc. to all City of McHenry
employees. All promotional items will reflect a City of McHenry Employee
Assistance Program title and/or designation.All EAP educational materials and
informational packets will be rotated throughout the workplace at least four times
throughout the contract year.
III. PROGRAM ORGANIZATION&ACCESSIBILITY
AdvantageEAP is represented by a team of Family Service professionals experienced and
comprehensively trained, with emphasis on the identification and assessment of the
alcohol/substance abusing individual.
The Vice President of AdvantageEAP Services: Barb Schmiege,MS,CADC
The AdvantageEAP Therapist: Michelle Duretti,MSW,LCSW
Emergencies are dealt with on an immediate basis. Crisis services are available on a 24 hour basis
by contacting the main Family Service number (815) 385-6400. All non-emergency initial
assessments will be scheduled within a mutually agreeable time-frame.
IV. COST&COST CONTAINMENT
A. The cost of this program is based upon a per employee figure payable at the beginning of
each contract period.
May 1,2006--April 30,2007..........................................................................$5,889.00
1. The number of employees is: 151
2. The cost per employee for this contract period is $3.25/month for Option B,
Assessment+5 sessions'
B. Supervisory training and employee orientation is at no cost. Inservices and workshops
will be provided at no additional cost, up to 1 workshop per quarter. Additional
inservices and workshops provided at$150.00 per hour.
C: AdvantageEAP maintains a continual gatekeeper and case manager role to assure that the
referred employee and/or family member are receiving the appropriate treatment in a cost-
effective manner.
D. = Components of the program include
- Comprehensive assessment%in bal intake7screening session and referral to
appropriate services
24 hour emergency services
Telephone consultation
Follow-up with employees
Feedback to supervisors
Personnel policy review and consultation(upon request)
o V. " `' CONFIDENTIALITY
The employee's rights to confidentiality as mandated and permitted by law will be respected and
maintained at all times. Information given to the employer about a referred employee requires
written authorization by the individual on forms in compliance with state and federal law.
Information regarding employee use of services will not be kept in personnel files,and names will:,,
not be included on statistical reports.
VI. QUALITY ASSURANCE&ACCOUNTABILITY
Statistical data and "reports reflecting AdvantageEAP utilization.will be maintained .on a
continuing basis.Quarterly and Annual statistical reports will be submitted to the City of McHenry
management. The information on the report may include but not be limited to the following: .
-total number of individuals utilizing the program
-number of supervisory consults
In addition,employees using the EAP will complete an evaluation of AdvantageEAP services.The
EAP Director will distribute,collect and compile the final evaluation report and submit it to the
City of McHenry City Administrator and EAP Advisory Committee.
Follow-up of referred employee=s progress will be performed at six months and one year intervals
for the purpose of program evaluation and quality assurance.
VII, REVIEW OF AGREEMENT
This agreement will be mutually reviewed by both parties. This agreement becomes effective May
1,2006 and shall be in effect until April 30,20W.. .
City of McHenry Date
AdvantageEAP of Family Servi Community Date
Mental Health Center for McH ounty,
CONSENT AGENDA
TO: Mayor and City Council
FROM: Bill Hobson, Management Assistant, Community Relations
FOR: May 15, 2006 Regular City Council Meeting
RE: Final pay request from CornerStone Material Recovery, Inc. for
demolition of the former Wahl Appliance building, 1209 Court Street.
On February 6, 2006, the City Council authorized a contract with CornerStone Material
Recovery, Inc. for demolition of the former Wahl Appliance building located at 1209 Court
Street for $23, 870.
The building has been demolished, and a temporary level gravel parking area was
installed.
Recommendation: To approve the final pay request from CornerStone Material
Recovery, Inc. for $23,870 for demolition of the former Wahl Appliance building
located at 1209 Court Street.
CornerStone Material Recovery, Inc.,--'-- ',.', Invoice
4172 Bull Valley Road - = ��
McHenry, IL 60050 '' y Date Invoice#
Phone: 815-344-8777
3/16/2006 54912
"Let nothing be wasted." Fax: 815-344-7772
John 6:12a
Bill To rolect Address
s ti
CITY OF MCHENRY Y WAHL APPLIANCE
/? "a`y
333 S.GREEN ST. 1209 COURT ST.y""�;,"�'
MCHENRY,IL.60050 MCHENRY
y,
P.O. Number Terms Due Date
Net 30 4/15/2006
Quantity Description Rate Amount
WAHL APPLIANCE BUILDING DEMOLITION 23,870.00 23,870.00
1209 COURT ST.
3/16/06
Total $23,870.00
91 - •& � ik
�Wq.
x CONS�zhI AGENDA
o-
gg
s
51,
TO: Mayor and City Council
FROM: Thomas J. O'Meara, Chief of Police
FOR: May 15, 2006 Regular City Council Meeting
RE: Northern Illinois Police Crime Laboratory 2006/07 Membership
Background: In May of 2004, the City Council approved the request from the Police
Department for continued membership in the Northern Illinois Police Crime Lab
(NIPCL), a multi-jurisdictional laboratory available to member departments for crime
scene and evidence processing. NIPCL offers a quick turnaround on evidence
processing and is better equipped to handle all major investigations for its members in a
timely fashion.
The membership fee for 2006/2007 is $26,250.00. This item was included in the
2006/2007 fiscal year budget in the amount of$25,000.
Recommendation. To approve the Police Department request to renew membership in
the Northern Illinois Police Crime Lab for fiscal year 2006/2007, in the amount of
$26,250.
Northeastern IL Regional Crime Lab
Invoice
1000 Butterfield Road Invoice Number:
Suite 1009 173
Vernon Hills, IL 60061
Invoice Date:
5/l/06
Voice: 847-362-0676 Page:
Fax: 847-362-0712
1
ILLINOls��o
Sold To:
McHenry Police Department
333 South Green Street
McHenry, IL 60050
��fMF LABORP�
A Nationally Accredited Laboratory(ASCLAD/LAB)
Customer PO Payment Terms Case Number Due Date
Net 30 Days 5/31/06
Description Amount
iF/Y 2006/2007 MEMBERSHIP ASSESSMENT 26,250.00
I
I
Subtotal 26,250.00
Total Invoice Amount 26,250.00
Payment Received 0.00
TOTAL 26,250.00
Thank You For Your Business!
CONSENT AGENDA
To: Mayor and City Council
From: Pete Merkel, Director of Parks &Recreation
For. May 15,2006 City Council Meeting
Re: Beer/Wine Permit Requests& Special Use Permits
COMMITTEE RECOMMENDATION
To approve the attached Beer/Wine Permits& Special Use Permit requests.
BACKGROUND
The attached list of permit applications have been received in our office with all fees and
documentation properly submitted.
7Conawaylpicnic permit consent agenda.doc
FOR COUNCIL MEETING OF: May 15, 2006
Beer/Wine Permit Requests
These are beer and wine permit requests associated with picnic permits.
Date of
Picnic Applicant Address
06/04/06 Sarah Covalt Bday Party 5013 W Home, McH
07/08/06 William Wallner Party 1607 N Highview, McH
08/26/06 Stephanie Froney Wedding 3 813 W John St., Apt 2, McH
Special Use Permit Requests
Date of
Picnic/Event Applicant Address Special Use
08/26/06 Stephanie Froney Wedding 3 813 W John St, Apt 2, McH Tent, tables, chairs, band
Wonaway\picnic permit listing
• Date of Picnic/Event
SPECIAL USE APPLICATION - PARK FACILITIES
Company or Organization:
Contact Person: r 1.
Address: `��/$ � .r
� City/State/Zip: In, e tr N ZL
Home Phone: �qi •f" ��� 4/ Work Phone:_ g- 3Q9eaQs
Park: ❑ Knox Park ❑ Petersen Park )(Veteran's Memorial Park
Area: ❑ Shelter A ❑ Shelter B ❑ Other:
Arrival Time: (may_ Departure Time: `7.'
Total Number Attending:, -O - -1`g
Falsifying attendance numbers will result in toss of deposit
Will beer/wine be present: ❑ Yes(complete beer/wine application) ❑ No
Brief description of program(i.e. company picnic, car show, craft show, etc.):_
List all activities that will be held:
Items brought into park site: tent tables chairs
❑ benches ❑ carnival rides
music ❑ animals 0 model planes 0 other
❑ other �tu� ❑ other ❑ other
Groups of 500 or more must obtain additional: ❑ dumpsters ❑ portable toilets
Water, electricity and restrooms are available at all sites. Please explain any additional utilities needed:
Health permits are required by law for concessions and catering. Make arrangements to obtain permits.
Snp6&
I'- �'` ° c` �►��L� have read and understand the rules and regulations that have been set forth by
the City of McHenry regarding the special use application and will assume responsibility for any loss, damage or liability
arising from the use of the park property.
Signature: Date: a-
NOTE: Approval will be based on the items listed above. Any other requests are subject to further approval.
** *** *** **** ********* **** **FOR OFFICE USE ONLY*
Reservation Fee: $
Deposit Fee: $
Total.Fee: $
Date Paid: Initials:
Ci ty Council Approval:
Payment: . ❑ Cash ❑ Check ❑ Charge
Restrictions: Confirmation Sent: Initials:
Forms\picnic forms\special use application
REGULAR MEETING
MAY 1, 2006
A Regular Meeting of the McHenry City Council was called to order by Mayor Low at
7:30 P.M. on Monday, May 1, 2006 in the Council Chambers of the Municipal Center. At
roll call the following Aldermen were present: Santi, Glab, Schaefer (arrived at 7:33 p.m.),
Murgatroyd, Wimmer, Peterson, and Condon. Absent: None. City Staff in attendance
were: City Administrator Maxeiner, Assistant City Administrator Martin, City Attorney
Fetzner, Chief of Police O'Meara, City Clerk Jones, Director of Community Development
Napolitano, Director of Public Works Marcinko, Director of Finance Shields, Director of
Parks and Recreation Merkel, and Community Relations Management Assistant Hobson.
Absent: City Attorney McArdle.
TEN MINUTE PUBLIC INPUT SESSION
No one signed in to speak during the Ten Minute Public Input Session.
CONSENT AGENDA
Mayor Low announced Consent Agenda Item A., Final Pay Request for demolition
of the former Wahl Appliance Building by CornerStone Material Recovery in the amount of
$23,870, was being pulled for consideration at this evening's meeting.
Motion by Wimmer, seconded by Santi, to approve the Consent Agenda as
amended:
B. Request for temporary signs and waiver of all associated fees for
Riverwood PTO Rummage Sale;
C. Request for special event liquor license - Nicolino's, 621 Ridgeview
Drive;
D. Parks and Recreation picnic permit requests;
E. Approve Council Minutes:
1. April 24, 2006 Annual Meeting.
Voting Aye: Santi, Glab, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: Schaefer.
Motion carried.
REQUEST FOR VARIANCE TO RELOCATE AN EXISTING FENCE - 159 GLENBROOK
TRAIL
Director of Community Development Napolitano stated resident Henry Dolecki of
159 Glenbrook Trail submitted a request to relocate his existing fence which is five feet
high on his premises. Mr. Dolecki resides on a corner lot and would be required by
ordinance to maintain a 15-foot setback from the Overland Trail (corner side.yard) property
line. Director Napolitano stated Mr. Dolecki would like to relocate his fence five feet from
the Overland Trail property line, thereby including his three fruit trees within the fenced in
property. Director Napolitano noted Staff recommends approval of the requested variance.
Alderman Schaefer arrived at 7:33 p.m.
Alderman Condon stated the variance is appropriate under the circumstances.
May 1, 2006
Page 2
Motion by Condon, seconded by Peterson, to accept Staffs recommendation to
approve a side yard setback variance to allow the relocation of the existing five-foot wood
fence as requested by Henry Dolecki for his property located at 159 Glenbrook Trail.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR VARIANCE TO REAR YARD SETBACK REQUIREMENTS - MCHENRY
VILLA, 3516 WAUKEGAN ROAD
Director Napolitano summarized the request by the City of McHenry on behalf of
McHenry Villa for a rear yard setback variance to allow the construction of the Riverwalk
along Boone Creek. Ms. Maureen Annamarie, property owner of McHenry Villa, has
agreed to dedicate 15' of her land for the Riverwalk. This conveyance results in a 2.5' rear
yard setback, causing the need for a variance.
Director Napolitano stated the Planning and Zoning Commission, at a Public
Hearing held on April 20, 2006, unanimously approved the requested variance.
Motion by Murgatroyd, seconded by Santi, to accept the unanimous
recommendation of the Planning and Zoning Commission, to approve an ordinance
granting a rear yard setback of 2.5 feet to McHenry Villa located at 3516 West Waukegan
Road.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR TEMPORARY USE PERMIT TO ALLOW A CONCERT IN THE PARKING
LOT OF MEIJER FRESH STORES, 2253 NORTH RICHMOND ROAD
Director Napolitano reported Meijer Stores has requested a temporary use permit to
allow a concert in their parking lot on Wednesday, May 17, 2006. He noted the original
request was for Thursday, May 18th, but has been changed by the applicant. The expected
attendance is 500-1000 persons. Since Meijer Stores has 882 available parking spaces on
the premises, the utilization of approximately 80 spaces to set up the staging area for the
concert should not cause a parking deficiency. Staff has requested temporary "No Parking"
signs be installed along the drive aisles in the concert area to prevent patron confusion.
Director Napolitano stated Staff supports the request.
Alderman Schaefer inquired if the City would be required to staff the event with
police officers. Director Napolitano responded the applicant would be required to employ
approximately 3-5 security personnel to staff the event.
May 1, 2006
Page 3
Motion by Schaefer, seconded by Peterson, to accept Staffs recommendation to
approve a request submitted by Meijer Stores for a temporary use permit to allow a concert
in their parking lot on Wednesday, May 17, 2006, as submitted.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
AWARD OF BID FOR DEMOLITION OF THE FORMER MEDICAL ARTS BUILDING
_LOCATED AT 1110 NORTH GREEN STREET -AMERICAN DEMOLITION, $110,000
Assistant Administrator Martin stated bid specifications were prepared for the
demolition of the former Medical Arts Building located at 1110 North Green Street. The
demolition includes grading and seeding the site, in preparation for the property's
redevelopment.
Assistant Administrator Martin noted the required pre-bid walk-through was held
and bids were submitted by qualified bidders. Bids were opened on April 21, 2006. The low
bid was submitted by American Demolition in the amount of $110,000. Staff recommends
award of bid to American Demolition.
Motion by Santi, seconded by Wimmer, to accept Staffs recommendation to award
the bid for the demolition of the former Medical Arts Building located at 1110 North Green
Street to American Demolition in an amount not-to-exceed $110,000.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Notion carried.
AUTHORIZATION TO ISSUE REQUEST FOR QUALIFICATIONS FOR THE
REDEVELOPMENT OF THE FORMER MEDICAL ARTS BUILDING SITE, 1110 NORTH
GREEN STREET
Director Napolitano stated following the demolition of the Medical Arts Building, the
next step in the process is to issue Request for Qualifications for the redevelopment of that
site located at 1110 North Green Street. The goal is to secure a list of four to six qualified
candidates/developers to consider for the redevelopment of the property. Once this
process is completed, Director Napolitano noted Staff will send Requests for Proposal to
the resulting four-six candidates/developers.
Director Napolitano pointed out Staff had suggested a review committee consisting
of Mayor Low, City Administrator Maxeiner, Director of Community Development
Napolitano, Riverwalk Foundation President Kit Carstens, and Downtown Plan Technical
Advisor Anne Rodenkirch be established. However, Staff has since learned of Anne
Rodenkirch's potential conflict of interest. Consequently, another member will be
recommended in her stead and brought before Council for consideration. Director
Napolitano noted Staff is seeking Council authorization to issue a Request for
Qualifications for the redevelopment of the City's property located at 1110 North Green
May 1, 2006
Page 4
Street.
Alderman Condon stated she was impressed by the Request for Qualification
document.
Motion by Condon, seconded by Schaefer, to accept Staffs recommendation to:
• authorize a Request for Qualifications for the redevelopment of the former Medical
Arts Building property located at 1110 North Green Street; and
• establish a review committee consisting of Mayor Low, City Administrator Maxeiner,
Director of Community Development Napolitano, Riverwalk Foundation President
Kit Carstens, and one member to be named later upon approval by Council.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR— STATEMENT AND REPORT
Mayor Low thanked those who attended the Riverwalk Groundbreaking Ceremony
on April 261h. Mayor Low commended Management Assistant for Community Relations
Hobson for coordinating the event.
COMMITTEE REPORTS
Parks and Recreation Committee Chairman Alderman Peterson announced the
Parks and Recreation Committee Meeting has been rescheduled to Thursday, May 111
2006 at 7 p.m. in the Aldermen's Conference Room.
Alderman Condon expressed her congratulations to Alderman Peterson on his
recognition by NISRA.
Alderman Condon highlighted the McHenry Area Youth Commission Board Meeting
minutes.
Alderman Condon noted the Community Development Committee has
recommended that the establishment of Special Service Areas be continued as new
development projects come before the City.
STAFF REPORTS
City Administrator Maxeiner announced an Executive Session would be held to
discuss Potential Litigation.
FUTURE AGENDA ITEMS
There were no Future Agenda Items discussed.
May 1, 2006
Page 5
EXECUTIVE SESSION: POTENTIAL LITIGATION
Motion by Wimmer, seconded by Santi, to go into Executive Session to discuss
Potential Litigation at 7:58 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Council went into Executive Session at 8:02 p.m.
OPEN SESSION
Motion by Wimmer, seconded by Santi, to go back into Open Session at 8:20 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
Council went back into Open Session at 8:20 p.m.
ADJOURNMENT
Motion by Condon, seconded by Wimmer, to adjourn the meeting at 8:20 p.m.
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
The Meeting was adjourned at 8:20 p.m.
MAYOR CITY CLERK
i
s
r
AGENDA SUPPLEMENT
TO: Mayor and City Council
FROM: Bill Hobson, Management Assistant for Community Relations
FOR: May 15, 2006 Regular City Council Meeting
RE: 3`d Annual Snowmobile Watercross Event Request
RECOMMENDATION: To approve the following requests from Riverbend
Limited Partnership, LLC: 1) temporary waiver of Ordinance 13-902
allowing for the operation of snowmobiles in a city park; 2) use of Petersen
Park for a Snowmobile Watercross Event on McCullom Lake September 30
and_October 1, 2006;_3)_ permission to hold ,a car/motorcycle_ show in
conjunction with the Snowmobile Watercross Event on October 1, 2006;
and 4) to consider RLP's request to freeze parks usage fees for the event at
$200 for the reservation and $100 security deposit
Attachments:4/14/06 Letter from Bob Andronowitz
Parks Facilities Special Use Application—Snowmobile Watercross Event
Parks Facilities Special Use Application—Car/motorcycle show
A request was received from Riverbend Limited .Partners (RLP), LLC for the use
of Petersen Park to host the 3'd Annual Snowmobile Watercross Event on
September 30 and October 1, 2006. The event is the season finale of a six race
series sponsored by the International Watercross Association (IWA), the
sanctioning body that conducts all aspects of the race itself.
The programs offered at the event are the same as previous years - snowmobile
races; food vendors; a beer garden; DJ playing music and making
announcements; and, the sale of sponsors'goods. However, this year, the RLP
has eliminated the carnival and is proposing the addition of a classic car and
motorcycle show. The show would be held in the asphalt parking lot adjacent to
the Petersen Park maintenance facility. The proposed hours of the show would
be 10:00 am -5:00 pm on Sunday October 1st
The layout of the event site is very similar to Fiesta Days; a gate admission of
$10.00 would be charged for adults to enter the beach area; children 12 and
under will be admitted free. The vendor and festival area would be separate from
the pit area where the snowmobiles would be located. Friday, September 29
would be used for the watercross setup; the actual event will take place on
Saturday and Sunday with tear down and cleanup on Monday.
Preliminaries are scheduled for Saturday from approximately 10:00 AM to 6:00
PM. Race finals would then be on Sunday from 11:00 AM to 6:00 PM. Last
year, the heat races and finals finished at least 30-minutes before the races were
to conclude for the day. Approximately 3,000 people attended this event last
year and 3,000 to 4,000 people are estimated to attend this year.
Parks usage fees were recently amended by City Council. Under the new
ordinance, fees are to be negotiated for an event of this size. The RLP is
requesting that the fee remain at $200 for the park reservation with a $100
security deposit. Last year the RLP made cash contributions to the Parks
Department in the amount of $1,500. Donations were also made to the Citizen's
Police Academy Alumni of McHenry and to the Cary community Christmas
program. In light of their community contribution and the tourist dollars
generated for the City of McHenry over the event weekend, RLP would like you
to consider their request to freeze the parks usage fee.
The operations and procedures for the race have not changed from prior years.
Overnight security will be provided by the RLP. Event grounds will close at night
and camping is not permitted. Police Department staff have reviewed the
request and stated no opposition to the event again stating that no incidents were
reported last year and that the event was well mannered and family oriented.
The Parks and Recreation Department has also reviewed and endorsed the
request for the 3rd Annual Snowmobile Watercross Event.
1 4
grERG '.
RIVERBEND LIMITED PARTNERS
April 14, 2006
To: The Mayor& City Council Members of McHenry
RE: Watercross Festival Event Request
Dear Mayor and City Council Members,
The RiverBend Limited Partners respectfully submits our third annual RiverBend Watercross Festival event
application for approval. This year's event is scheduled for September 30th and October 1st.
Last year we included a carnival with the watercross event. Unfortunately the carnival was a financial loss and
will not be a part of the event this year. This year we are investigating the possibility of including a
car/motorcycle show on Sunday afternoon. Details for the car/motorcycle show have not been completed. Our
intent is to coordinate this with a local McHenry car dealership as the event coordinator. An application for this
inclusion is being submitted with the watercross event application. We request conditional approval based upon
our ability to put this additional event together.
The RiverBend Watercross provides a positive financial impact the City of McHenry and surrounding area. A
core belief of our organization is community re-investment and we believe our actions from the last two events
indicate the same. Moving forward we continue to believe in our community re-investment process and hope
this year's event has similar success.
Our Partnership invested back to the community an average of 80%of the profits from last two year's events.
Any profit retained is being reinvested into the continued promotion of this year's event.
Outside of last year's cash contributions noted below, our local businesses also realized significant outside
tourist dollars.
Donation to McHenry Parks Department- $1500
Equipment donation to CPA - $550
Donation to Cary community Christmas program - $350
This year the McHenry event will be host to the 1WA East-West Challenge Race. This race brings professional
racers from the East Coast and Eastern Canada,racing against the Midwest professional racers. We anticipate
that over 80 participants from out of state will stay in McHenry hotels and also generate entertainment dollars
for our restaurants and other establishments.
In light of the positive financial impact our event has for the City of McHenry,
this year's
special event fee be frozen at the $200.00 fee/$100.00 security deposit paid for last ye sre event.t Ththaank you for
this consideration.
We trust that this year's event can once again be prosperous for our community.
Thank you again for your time and consideration and we look forward to another great event.
Kindest regards,
Bob Andronowitz
River Bend Limited Partners
Date of Picnic/Event
APR
SPECIAL USE APPLICATION - PARK FACILITIES
ComPIRY
pany or O'rganization:J & s
Contact Person: J !vb o>vo�/TZ
Address: City/State/Zip:
Home Phone:C'P6LL ;
Work Phone:
Park: ❑ Knox Park XPetersen Park ❑ Veteran's Memorial Park
Area: ❑ Shelter A ❑ Shelter B Xother: �ig.Q��•a.�
Arrival Time: 9 �� Departure Time: J4
y p /��Gb9 T t� I Number Attend' . +gyp -- a
EV7c1�S Falsifying attendance numbers w7l result ins®��7e osit �� /S�'' �r�c
R.�4cxQ e, + MAIP04 s wot-c ,F�� GRA�Tsg P
f9ee..'s S ova l ae�rQ PRxa,� Tri Ev 7 7i• � �/ /® /�►m /'
1 e-er/wine be present: ,, Yes (complete beer/wine application) ❑ No /6/>
Brief description of program(i.e. company picnic, car show, craft show, etc.):_k112r e45-S r��
List all activities that will be held:�S�Orlin/bP/L�
I&A)PPie
Items brought into park site: X tent c, Xtables 2(chairs „kbenches ❑ carnival rides
A music D7- ❑ animals ❑ model lanes vt�'D-1
P Bother oa�i S
❑ other ❑ other ,other i�Ne
Groups of 500 or more must obtain additional: ;<dumpsters 'portable toilets
Water, electricity and restrooms are available at all sites. Please explain any additional utilities needed:
Health permits are required by law for concessions and catering. Make arrangements to obtain permits.
I,_ 64g7 AP�i OCR/i have read and understand the rules and regulations that have been set forth by
the City of McHenry regarding the special use application and will assume responsibility for any loss, damage or liability
arising from the use of the park property.
Signature: Date:
NOTE: Approval will be based on the items listed above. Any other requests are subject to further approval.
** * * *** * ******** ***************FOR OFFICE USE ONLY**** *** ** ******** ** *********** **
Reservation Fee: $
Deposit Fee: $ Date Paid:
Initials:
Total Fee: $ Payment: ❑ Cash ❑ Check ❑ Charge
City Council Approval: Confirmation Sent:
Initials:
Restrictions:
Forms\picnic forms\special use application
Date of Picnic/Event
APR I A
SPECIAL USE APPLICATION- PARK FACILITIES
------------
Compdny or Organization: R-/MR/5 V'!v >
e �l ise� � �YE.P S
Contact Person: �� p.Porio c�v/i
Address:_,P?�,b 3 .f � Q —City/State/Zip:
Home Phone:PLC :
g/S`— 1 l �yCI Work Phone:
Park: 0 Knox Park ,,9Petersen Park 0 Veteran's Memorial Park
Area: ❑ Shelter A ❑ Shelter B ��i� Zo %
.�Other:_��}ti�� �,v
Arrival Time: .,--b:a& �j r! Departure Time: .�'4�i ��
Total Number Attending:
Falsifying attendance numbers will result in loss of deposit
Will beer/wine be present: ❑ Yes (complete beer/wine application) R No
Brief description of program(i.e. company picnic, car show, craft show, etc. : !�^^
) �/>>�dTG�e�C[„� JIhe-t/
List all activities that will be held: —7."OV �joLL7vnG7/G� &,,, r6&,
Items brought into park site: ❑ tent 0 tables ❑ chairs ❑ benches ❑ carnival rides
❑ music ❑ animals ❑ model planes ❑ other
❑ other 0 other ❑ other
Groups of 500 or more must obtain additional: ❑ dumpsters 0 portable toilets
Water, electricity and restrooms are available at all sites. Please explain any additional utilities needed:
Health permits are required by law for concessions and catering. Make arrangements to obtain permits.
I, Z/MK Z- have read and understand the rules and regulations that have bee
n set forth by
the City of McHenry regarding the special use application and will assume responsibility for any loss, damage or liability
arising from the use of the park property.
Signature: Z--��� Date:
NOTE: Approval will be based on the items listed above. Any other requests are subject to further approval.
***********************FOR OFFICE USE ONLY********************
Reservation Fee: $
Deposit Fee: $ Date Paid:
Initials:
Total Fee: $ Payment: ❑ Cash ❑ Check ❑ Charge
City Council Approval: Confirmation Sent:
Initials:
Restrictions:
Forms\picnic forms\special use application
t
f�
AGENDA SUPPLEMENT.'
TO: Mayor and City Council
FROM: Douglas K. Maxeiner, City Administrator
FOR: May 15, 2006 Regular City Council Meeting
RE: Request for a Special Event Liquor License from Riverbend Limited
Partners, LLC for the Snowmobile WatercrosS E en on Saturday, September 30 and
Sunday, October 1, 2006, at Petersen Park.
Pursuant to City Council approval of the request from the Riverbend Limited Partners,
LLC (RLP) for the use of Petersen Park to host the 3`d Annual Snowmobile Watercross
Event on September 30 through October 1 , 2006, the RLP is requesting a Special
Event Liquor License for the sale of beer at the event.
Attached is a copy of the Special Event Liquor License application from Riverbend
Limited Partners, LLC. Event hours are Saturday, September 30 from 10:00 AM to
6:00 PM and Sunday, October 1 from 1 1 :00 AM to 6:00 PM. However, beer sales
will not begin until 12:00 PM.
In past years, the City Council approved the request from RLP for a Special Event
Liquor License based on the conditions listed below.
Recommendation: ,fit is the Mayor's recommendation to approve the request for a
Special Event Liquor License from Riverbend Partners, LLC for the Snowmobile
Watercross Event on Saturday, September 30, 2006 from Noon to 5:30 PM and
Sunday, October 1 , 2006 from Noon to 5:30 PM subject to the following conditions:
a. Alcohol will not be allowed in the restricted race pit area during the races
b. Alcohol sales will not being until Noon each day of the event
C. Alcohol will not be allowed outside the confined festival area
d. Event security will be arranged each day of the event
e. Wrist-banding and identification checks will occur each day of the event
SPECIAL EVENT LIQUOR LICENSE APPLICATION
! CITY OF MCHENRY
PR 4
APPLICATION DATE
COMPANY OR�ORGAN( ION: TS>UF J3eviS m,
ADDRESS: /5��/j>�'ic�.F,e �Zu�
PHONE NUMBER: (fee&
TYPE OF BUSINESS OR ORGANIZATION: L,E,vT
2. LICENSE APPLICANT:_ 7 DATE OF BIRTH:
ADDRESS: r��D �'j5�s?//f /�GL��
CITY:
DAYTIME TELEPHONE NO.:� L /sGJ 9 >�le EVENING TELEPHONE NO.__ '
3. LOCATION WHERE SPECIAL EVENT HELD:
(non-residential premises only)
4. OWNER OF LOCATION WHERE SPECIAL EVENT HELD:
OWNER'S ADDRESS: 4�3Ty
TELEPHONE NUMBER. CITY:
5. DATE(S)OF EVENT: '/30 �O
2e0 HOURS:
(not more than 3 clays)
6. TYPE OF ALCOHOL TO BE SERVED: X BEER WINE LIQUORRi9e�"'L'G 45 OomP�����/'�c>� 21�12/
7. NO UNDER-AGED OR INTOXICATED PERSON(S)SHALL BE SERVED ANY ALCOHOLIC BEVERAGES.
8. DRAM SHOP INSURANCE MUST BE OBTAINED AND A CERTIFICATE OF INSURANC� SHALL BE ATTACHED TO THIS
APPLICATION. C'0R9, v7 P0e_,1Gy o!U /=�G�a, /Q 'n��c.�L O� Y�3G✓G�/ /iv SEP��m��
COUNTY OF McHENRY) AFFIDAVIT
STATE OF ILLINOIS) ss
hereby states tnatine city of McHenry shall not be held liable for any loss,damage or injury sustained by any person whatever,by reason of
the negligence of the Company,Organization,person or persons to whom this license has been issued,and shall hold the City of McHenry
harmless in connection with any and all claims arising as a result of the consumption of alcoholic liquor or as a result o`the iss:.,ance of*his
license.
The undersigned certifies that they will not violate any of the laws of the City of McHenry,of the State of Illinois,or of the United States
of America,in the conduct of this Special Event Liquor License and that the statements contained in this application are true and correct
best of his/her knowledge and belief. the
SUBSCRIBED and SWORN to before me this Signature
........ a 77"�
"OFFI L SEAL"
day of KAREN A.SAUNDERS
20 0-Le. Notary Public,State of Illinois
Mchenry County,Illinois
My Commission Expires June 29,2009
otary Public
DATE ISSUED
LICENSE NO.
EFFECTIVE DATE(S)
)3/03
V
AGENDA SUPPLEMENT
TO: Mayor and City Council
FROM: Joseph P.Napolitano,Community Development Director
FOR: May 15,2006 Regular City Council Meeting
RE: Amendment to Conditional Use Permit to Allow an Expansion of the Existing Outdoor
Play Area at A Child's Place Early Learning Center,2214 W.Route 120
Applicant: Francine Maze
ATTACHMENTS: 1. Letter from Francine Maze dated 05/03/06
2. Location Map
3. Site Plan
4. Ordinance Granting Approval of an Amendment to the Existing Conditional
Use Permit for A Child's Place Early Learning Center to Allow an
Expansion of the Outdoor Play Area
STAFF RECOMMENDATION: To approve the attached ordinance amending the Conditional Use
Permit for A Child's Place Early Learning Center, 2214 W. Route 120, to allow an expansion of the
outdoor play area.
Description of Request
A letter was received from Francine Maze, owner of A Child's Place Early Learning Center, 2214 W.
Route 120. Ms. Maze is requesting an amendment to her existing Conditional Use Permit in order to
expand the outdoor play area behind her child care facility. The play area is currently 45' x 65'. With the
proposed expansion, the size would be increased to 76' x 65.' The expanded area would be fenced-in
with an 8-foot, dog ear wood fence to match the existing fence. Fencing off this area would result in the
loss of 8 parking spaces at the rear of the property.
The Zoning Ordinance states that any expansion,enlargement or structural alteration of a Conditional Use
Permit requires that the applicant first appear before the City Council, which may grant the proposed
amendment,or refer the applicant to the Planning and Zoning Commission for a new public hearing.
Staff Analysis
Staff has no concerns with the proposed expansion. The larger play area will provide the children who
use this facility with an enhanced area for outdoor activities. Although 8 parking spaces would be lost,
the site would have more parking spaces than are required(44 available, 43 required). There have been
no issues with parking on this site and Staff does not forsee any problems with the proposed request.
Therefore, Staff recommends that the amendment to the Conditional Use Permit be approved by the City
Council without referring the matter back to the Planning and Zoning Commission. An ordinance
approving this amendment is attached.
05/03/2006 WED 17:34 FAX 847 908 1101 COPIERI 2 002/002
A Cnlld's Puce, Inc.
Early Learning Center
Ch ild's 2214 W.Rte.120
1AaGe. McHenry,IL 60060
iris, 815-386-3311
815-385.9917(Fax)
May aid,2006
Dear City of McHenry,
We are requesting an amendment to our Conditional Use Permit for A Child's Place,Inc located
at 2214 W. Rte 120 in McHenry. We would like to expand the playground located in the back of
the building to allow for more playground space. Please consider this request as it will foster
children with extra curricular outside activities as well as enhance their gross motor skills,
Thank you in advance for your time and support
Sincerely,
'%-on
cv�
Francine Maze
Owner—A Child's PIace,Inc.
•L
IL
A111D�L Mai mom 1 ,
U L
^{ , . LINCOLN RD.
z ..
re CA
v�
�j C T. }�
- ......• FDG£A'DCG-r �� o
........._ ., '
f �V t
L N.,
.... Q.... ... ... ............ ........._. ._..._...._................_....__........-_........_
r ,
G. HILL
CHA
SITE
i
/ EX. SAN.M.H. ���' I �a•
uw E)L OVSOWAD� F RIM M37
YP) VN S(TYP) PRO B-1OX INV. 95 07
EX. F,TN
0
x
—x w _ w _ w_ _ w w
PRO 1-11r COPPER WS S IXTO REto m 6• w.M.(VERIFY SIZE IN FIELD)
E)L 9'P.V.0 SANITARY
EX. SOPTTIC FIELD 42.W
LIFT STA.`S` TO BE ABANDONED EX.,SANITARY STUB.
SEPTI �• 9.
JIKS ....
PLAYG'R' 0. .... ...
FT. wow
` :' .:;::::
�IMTFI ...:...:..:..: .......:.: 9.50' 7�
0 .' g
EX CESSPOOLS I PR OSm _Bfi:RELOCAIFD::.:•:;..: o _
ASP ALT
GUT `EK GRADES .. . ::..::.
TER INV. 97.47
MAL BOX IL. STATE ROU 12b T
B.M." RIM OF C.B. sAwour EXISTMG pfaVEM1AY AT E Ig"BARRIER CURB A►+�
'aD REFUGE MATH MATCNWG BARKER CURB AND GUT1Ex
ELEV.-100.0'(ASSUMED)DATUM --
IDOT RESTORATION REQUIREMENTS;4'TOPSOIL,2A SEED AND EXCELSIAR BLANKET
ORDINANCE NO.
AN ORDINANCE AMENDING THE CONDITIONAL USE PERMIT FOR
A CHILD'S PLACE TO ALLOW AN EXPANSION OF THE EXISTING OUTDOOR PLAY AREA
AT 2214 W.ROUTE 120 IN THE CITY OF MCHENRY,MCHENRY COUNTY,ILLINOIS
WHEREAS, the City Council of the City of McHenry previously approved Ordinance 04-1242 granting a
Conditional Use Permit to allow a child care facility with outdoor play area at 2214 W. Route 120 in the City of
McHenry, legally described on "Exhibit A", attached hereto and incorporated herein, (the "SUBJECT
PROPERTY"); and
WHEREAS,Francine Maze (the"APPLICANT")has submitted a letter to the City requesting approval of
a 31' x 65' expansion to the outdoor play area on the SUBJECT PROPERTY;and
WHEREAS, the Zoning Ordinance of the City of McHenry states that the City Council has the ability to
approve an expansion,alteration or amendment to a Conditional Use,or may send the item back to the Planning and
Zoning Commission for a public hearing;and
WHEREAS, the City Council has considered the evidence presented and finds that the approval of the
requested 31' x 65' expansion to the outdoor play area is consistent with the objectives of the City of McHenry
Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents, and should be
approved without sending the matter back to the Planning and Zoning Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,
MCHENRY COUNTY,ILLINOIS,AS FOLLOWS:
SECTION 1: That Ordinance 04-1242 granting a Conditional Use Permit to allow a child care facility on
the SUBJECT PROPERTY,is hereby amended to allow a 31' x 65' expansion of the outdoor play area, which shall
be enclosed with a fence, in accordance with the site plan (the "SITE PLAN"), attached hereto and incorporated
herein as Exhibit`B".
SECTION 2: In granting said amendment to the Conditional Use Permit, the City Council finds that the
requirements of Table 31 of the Zoning Ordinance have been met in that:
1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has
been minimized.
2. Any adverse effects of noise,glare,odor,dust,waste disposal,blockage of light or air,or other adverse
environmental effects of a type or degree not characteristic of permitted uses in the zoning district,
have been appropriately controlled;
3. The proposed use will fit harmoniously with the existing natural or man-made character of its
surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious
effect on the environmental quality,property values,or neighborhood character already existing in the
area or normally associated with permitted uses in the district.
4. The proposed use will not require existing community facilities or services to a degree disproportionate
to that normally expected of permitted uses in the district, nor generate disproportionate demand for
new services or facilities, in such a way as to place undue burdens upon existing development in the
area;
5. The proposed use will not be detrimental to the safety or health of the employees,patrons, or visitors
associated with the use nor of the general public in the vicinity;and
6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional
Use and its particular location.
1
SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby
repealed to the extent of such conflict.
SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the
corporate authorities of the City of McHenry,McHenry County,Illinois.
SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and
publication in pamphlet form as provided by law.
PASSED THIS DAY OF ,2006
AYES:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
APPROVED THIS DAY OF ,2006
ATTEST: MAYOR
CITY CLERK
2
Exhibit"A"
Legal Description of the SUBJECT PROPERTY
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 25
NORTHEAST QUARTER OF SECTION 36, ALL IN TOWNSHIP 45ND THE
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED
ED AS
FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 44
IN
BLOCK 7 IN EASTWOD MANOR UNIT 2; THENCE SOUTH ALONGH
EAST LINE OF HILLSIDE LANE, 350 FEET TO THE CENTERLINEO STATE
ROUTE 120; THENCE EAST ALONG THE CENTER OF SAID HIGHWAY,STATE
FEET; THENCE NORTH PARALLEL WITH THE EAST LINE OF HILLSID 900
LANE, 350 FEET TO THE SOUTH LINE OF BLOCK 7; THENCE WEST ALONG
THE SOUTH LINE OF SAID BLOCK 7, 900 FEET TO THE PLACE OF A
BEGINNING, EXCEPT THE WEST 750 FEET THEREOF; ALSO EXCEPTING
THEREFROM THAT PART OF THE NORTHEAST QUARTER OF SECTI
TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL ON 36,
MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST
CORNER OF LOT 44 IN BLOCK 7 IN EASTWOOD MANOR UNIT 2, BEING
SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 25
AND THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 45 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
PLAT THEREOF RECORDED AUGUST 17, THE
IN BOOK 12 OF PLATS, PAGE 82, IN McHENRY COUNTY, ILLINOIS; 31147E
ON AN ASSUMED BEARING OF SOUTH 0 DEGREES, 31 MINUTES, 20
SECONDS EAST ALONG THE EAST LINE OF HILLSIDE LANE, 349.90 FEET
(350.00 FEET RECORDED) TO A POINT ON THE CENTERLINE OF ILLINOIS
ROUTE 120; THENCE NORTH 89 DEGREES, 28 MINUTES, 40 SECONDS
EAST ALONG SAID CENTERLINE, 750.00 FEET TO THE SOUTHWEST
CORNER OF THE LANDS OF THE GRANTOR FOR A POINT OF BEGINNING;
THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE, 150.00
FEET TO THE SOUTHWEST CORNER OF THE LANDS OF THE GRANTOR;
THENCE NORTH 0 DEGREES, 31 MINUTES, 20 SECONDS WEST ALONG
THE EAST LINE THEREOF 50.00 FEET; THENCE SOUTH 89 DEGREES, 28
MINUTES, 40 SECONDS WEST PARALLEL WITH THE CENTERLINE OF
ILLINOIS ROUTE 120 A DISTANCE OF 150.00 FEET TO A POINT ON THE
WEST LINE OF THE LANDS OF THE GRANTOR; THENCE SOUTH 0
DEGREES, 31 MINUTES, 20 SECONDS EAST ALONG SAID WEST LINE 50.00
FEET TO THE POINT OF BEGINNING, EXCEPT THAT PART TAKEN FOR
HIGHWAY, ALL IN McHENRY COUNTY, ILLINOIS,
3
AGENDA SUPPLEMENT
TO: Mayor and City Council
FROM: Joseph P.Napolitano,Community Development Director
FOR: May 15,2006,Regular City Council Meeting
RE: Ordinance Granting a Use Variance to allow a Credit Union (financial institution) in the C-5
Zoning District at 804 N.Front Street
Applicant: Robert Waclawik,President McHenry County Federal Credit Union
ATTACHMENTS: 1. CDD report to the Planning and Zoning Commission
2. Application Packet
3. Unapproved Planning and Zoning Commission Minutes dated 4/20/06
4. Ordinance Granting a Use Variance for a financial institution in the C-5 Zoning
District.
RECOMMENDATION: To approve the attached ordinance granting a Use Variance to allow a financial
institution(McHenry Federal Credit Union)in the C-5 Zoning District at 804 N.Front Street.
Description of Request
The applicant is requesting a Use Variance to allow a financial institution in the C-5 zoning district. The McHenry
County Federal Credit Union is proposing to open a branch office in the City and has found available office space at
804 Front Street. This is an existing office building which is currently owned and used by Dr.Nahra. In April of
2004, the City amended the Zoning Ordinance to prohibit new financial institutions in the C-5 zoning district(MC
04-847). The amendment was due to the excessive number of banks taking prime commercial outlots and comers
throughout the City,particularly along north Richmond Road.
Staff Analysis
A credit union is considered a financial institution and is held to the same regulations as other banks. The existing
building at 804 Front Street is currently designed and used as an office building. It is unlikely that the space could
be used for retail purposes without significant modification. The space was previously used for a mortgage
company, but has been vacant for some time. There is no drive-thru associated with this credit union. The site
currently meets our parking requirements with the addition of the credit union tenant. The Use Variance will not
grant this property any special privileges nor will it alter the character of the area. Staff is supportive of this Use
Variance and has no concerns with the request.
Planning and Zoning Commission
The Planning and Zoning Commission unanimously recommended approval (5-0) of a Use Variance to allow the
McHenry County Federal Credit Union at 804 Front Street in C-5 Highway Commercial Zoning District.
Community Development Department Report File# Z-671
Apri120, 2006
Applicant
McHenry County Federal Credit Union
Robert W aclawik,President
345 E. Congress Parkway
Crystal Lake, IL 60014
Requested Action
• Use Variance to allow a Financial Institution in a C-5 Zoning District
Site Information
Location and Size of Property
The subject property is approximately 23,000 square feet located on the east side of Front Street (Illinois
Route 31). Commonly referred to as 804 Front Street.
Comprehensive Plan Designation
Commercial
Existing Zoning and Land Use
The subject property is currently zoned C-5 and is improved with a professional office building.
Adiaac-nt Zoning and Land Use
North: C-5, Existing in-line retail building
South: C-5,Existing Dental Office
East: RS-4,Existing single-family residence
West: C-5,Existing office building
Description of Request
The applicant is requesting a Use Variance to allow a financial institution into the C-5 zoning district.
The McHenry County Federal Credit Union is proposing to open a branch office in the City and has
found available office space at 804 Front Street. This is an existing office building which is currently
owned and used by Dr.Nahra.
Staff Analysis
In April of 2004, the City amended the Zoning Ordinance to prohibit new financial institutions in C-5
zoning district (MC 04-847). The amendment was due to the excessive number of banks taking prime
commercial outlots and corners throughout the City. A credit union is considered a financial institution
and it is held to the same regulations as other banks. The existing building at 804 Front Street is currently
designed and used as an office building. It is unlikely that the space could be used for retail purposes
without significant modification. Therefore, the financial institution will not affect the possible location
of a retail user on this site. There is no drive-thru associated with this credit union. The site currently
meets our parking requirements with the addition of the credit union tenant. The Use Variance will not
grant this property any special privileges nor will it alter the character of the area. Staff is supportive of
this Use Variance and has no concerns with the request.
File#Z-671 Page 1 of 3
Community Development Department Report File# Z-671
Apri120, 2006
Use Variance
A Use Variance is required to allow a financial institution into the C-5 Highway Commercial zoning
district.
1. Practical Difficulties or Particular Hardship. The strict application of the provisions of the
Zoning Code relating to the use of the buildings or structures, or the use of the land would result
in unnecessary and undue hardship upon the applicant. This request complies with this
requirement. If the doctor is not allowed to lease the property to the proposed tenant, the space
will remain vacant. Also the Credit Union will need to find a new location, which may or may
not be located within the City of McHenry.
2. Reasonable Return. The property cannot yield a reasonable return if permitted to be used only
under the conditions allowed by the regulations in the Zoning Code for the pertinent zoning
district. This request complies with the requirement. This building was designed as an office
building not as a commercial building and the Credit Union will [fit]within an office building.
3. Unique Circumstances. Special circumstances that are peculiar to the property and do not apply
generally to other properties in the same zoning district. This request complies with this
requirement. This building was designed as an office building not as a commercial building.
4. Not Alter Local Character. The granting of the use variance will not alter the essential character
of the locality nor substantially impair environmental quality,property values, or public safety or
welfare in the vicinity. This request complies with this requirement. There will be no significant
alteration to the exterior of the building or the site.
5. Consistent with Comprehensive Plan. The granting of a use variance will be in harmony with the
general purpose and intent of this Ordinance and of the Comprehensive Plan of the City. This
request does not comply with this requirement. The Comprehensive Plan designation is for
commercial land uses. A financial institution does not fit within this category.
Overall, Staff supports the requested Use Variance. The proposed use is will fit within the neighborhood
and will not negatively affect current or future uses in the area.
Staff Recommendation Prior to Public Hearing
Use Variance. Approval of a Use Variance to allow the McHenry County Federal Credit Union at 804
Front Street in C-5 Highway Commercial zoning district. Staff finds that the requirements in Chapter XV
Table 32 A in the Zoning Code have been met.
Attachments
• Location Map
• Application Packet
File#Z-671 Page 2 of 3
Community Development Department Report File # Z-671
Apri120, 2006
(31
J - --'"•'mn '__ __-__'_�.� •°¢ heft I fl,+
� F e r �,•. , sr fa a B B
t - ` -4
40 a y '
((( ffJ I�I_b 1:1a III "R'..-s.• FC{•L.i 4
A _
ol.«
uk g
P f�SAIDOWLAHS AY �cr _
i
f k�J T f B T T_ T .,� _'-_ _'� ___P_i__'' a°: - •:•l..z - i •_ � _... _
Ij• � � � a i 0 A 1 X,b
Subject Site B , t ■ `�
' 1 .
In
I -
I\J'afl� 't1SY� a _ _ ■ m
•Ty + .f f I T T , . .� I i 4 •i��
Ent)
�..�
,y I
o rti i +D a�
1
A K
LU
¢ 1 1 I
1 W
LOCATION MAP
File#Z-67 1 Page 3 of 3
FORMA File Number
PUBLIC HEARING APPLICATION
Planning and Zoning Commission
City of McHenry
333 South Green Street McHenry,IL 60050 c Tel: (815)363-2170 Fax: (815)363-2173
McHenry County
1. Name of Applicant Federal Credit Union Tel E -- i/_re
345 C. Congress.i:'kwy
Address s^�';Stet 1 s ca IL 60014 Fax
�. Name of Property Owner u�y w C r9!/' ri' _ Tel ,mac'}',:.
(If other than Applicant) ,
Address &0 -" �L7 � l��:f"�.e�'�' 4r-�`�"% Fax
3. Name of Engineer Tel
(If represented)
Address Fax
4. Name of Attorney Tel
(If represented)
Address Fax
5, Common Address or Location of Property S''t �� •+(�• y '�'' ��'-C'�`' i'
6. Requested Action(s) (check all that apply)
Zoning Map Amendment(Rezoning) _Zoning Variance-Minor
Conditional Use Permit _Zoning Text Amendment
Zoning Variance _Other
Provide a brief description of the Requested Action(s). For example, the operation that requires a
Conditional Use Permit, the specific Zoning Variance needed, or the new zoning classification that is
requested:
" ✓�L�.r�r',7 ///�����-.t, '� 'Y ,r-�c�,y': � !' C�C.r /cJ �r1=.d'J Wit=_
it� C' r" Irk 06:'ll 4^4 S `i
FORM A Page 1 of 3
7. Current Use of Property ;�6"c �.��/�•�-' `� ��' (3t.u..��
g. Current Zoning Classification of Property,including Variances or Conditional Uses
ev
9, Current Zoning Classification and Land Use of Adjoining Properties
North: r�� n i',� T 20 /!74L 7'
South: ~� L= A y-T f2-e
East: rim C�,! I'7 e 1�-� �`-C� �� --- -
West:
�ri'"'-.y � .�JU� c�/'- Eby ��� '� �'�►r=c'`��-� /�"J�e'.,J.�'Zi 1 ;C7�..!'�...
10. Required Attachments (check all items submitted)
Please refer to the Public Hearing Requirements Checklist to determine the required attachments.
1. Application Fee(amount)
2. Narrative Description of Request
3. FORM A—Public Hearing Application
fai— r laie� '
S. Oeaaitiel;2111s®-App1i"a— -
6. FORM D—Zoning Variance Application
7. Proof of Ownership and/or Written Consent from Property Owner in the Form of an
Affidavit
8. "14afiQf-%ate with Legal Description
9. List of Owners of all Adjoining Properties
10. Public Hearing Notice
11. Sign(Provided by the City,to be posted by the Applicant)
1t3Y�T,a d&eape$1an
14,-
--��:----RBr�or�se-St�ndar�s-Ge> sa�iori
17-.—oehee14mpaet alysis--
FORM A Page 2 of 3
11. Disclosure of Interest
The party signing the application shall be considered the Applicant. The Applicant must be the owner
or trustee of record, trust beneficiary, lessee, contract purchaser, or option bolder of the subject
property or his or her agent or nominee.
Apulicant is Not Owner
If the Applicant is not the owner of record of the subject property, the application shall disclose the
legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In
addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has
the authority from the owners(s)to make the application.
A licant or Owner is Coiyoration or Partnership
If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a
corporation or partnership, the application shall disclose the name and address of the corporation's
officers, directors, and registered agents, or the partnership's general partners and those shareholders
or limited partners owning in excess of five percent of the outstanding stock or interest in the
corporation or interest shared by the limited partners.
Applicant or Owner is a]and Trust
If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address,
telephone number, and extent of interest of each beneficiary shall be disclosed in the application,
12. Certification
I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this
property and that the proposed use or development described in this application shall comply with all
such codes.
I hereby request that a public hearing to consider this application be held before the Planning and
Zoning Commission, and thereafter that a reconmlendation be forwarded to the City Council for the
adoption of an ordinance(s) granting the requested action(s), including any modifications to this
application or conditions of approval recommended by the Zoning Board of Appeals or City Council.
Signature of Applicants)
Print Name and Designation of Applicant(s)
; r
iMc-,eery County
Aeral Credit Union
:345 P. Congress Pkwy
Crystal Lake, 160014
FORM A Page 3 of 3
FORME File Number
USE VARIANCE
Planning and Zoning Commission
City of McHenry
333 South Green Street c McHenry,IL 60050 a Tel: (815) 363-2170 Fax: (815) 363-2173
Table 32(A) of the City of McHenry Zoning Ordinance provides that in recommending approval or
conditional approval of a use variance, the Planning and Zoning Commission shall transmit to the City
Council written Endings that all of the conditions listed below apply to the requested action.
Plea_ se respond to each of these conditions as it relates to your rectuest.
1 Practical Difficulties or Particular Hardship
The strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or
structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as
distinguished from a mere inconvenience.
2 Reasonable Return
The property cannot yield a reasonable return if permitted to be used only under the conditions allowed
by the Zoning Ordinance for the pertinent zoning district.
A y �/ / rU Ga ,�/9C' [ :r •%1k c: [
e— � gI 4/ r'IJZ.:'
3 Unique Circumstance
Special circumstances exist that are peculiar to the property for which the use variance is sought which do
not apply generally to other properties in the same zoning district.
�,j�'/il.� d��L � !!L'.����J7✓L."�� !'CJ� f7�a'�',+5 iftJ .:� �+�
ROM lCredi Union
Page 1 of 2
4. Not Alter Local Character
The granting of the use variance will not alter the essential character of the locality nor substantially
impair environmental quality,property values,or public safety or welfare in the vicinity.
-8,n
/91 Y
�� -Gr� ''i /•% D r.�ry .� c�.t:�i1>l',�1 "���� O�:r.i.t�t-'�' �/A� ,�'L�'Z:�'� '7'
ifi�L-�
17 ti i� I� l ti� �• -
5 Consistent with Comprehensive Plan
The granting of the use variance will be in harmony with the general purpose and intent of the Zoning
Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their
adoption.
ILL4,1; i'[L" Ill `% /�7+�r Y'.JC e j 1'✓'�'G G.. V %r 17J ' N?'✓'7,!"%cif�.'7
Y
McHenry County
S=ederal Credit Union
34.5 E. Congress Plcwy
�"I'yrtal 1_Rl;e, li.. 60014
FORM E Page 2 of 2
GEORGE NAHRA, M.D.
DIPLOMAT AMERICAN BOARD OF ORTHOPEDIC SURGERY
804 NORTH FRONT STREET (RT. 31)
McHENRY,ILLINOIS 60050
(815) 385-9090
March 28, 2006
City of McHenry
Planning and Zoning Commission
333 S. Green Street
McHenry, IL 60050
To Whom It May Concern:
We are currently in the process of negotiating a lease agreement of approximately 1400
square feet with McHenry County Federal Credit Union for the purpose of opening a
branch in McHenry.
deoahr . .
M c 1-4. 1-..N I'Y C N-F Y
April 10, 2006
Ms. Elizabeth Zeller
City Planner
City of McHenry
Re: Opening a Branch Office in the City of McHenry
In early February, I was notified by the President and Manager of Midwest Federal Credit
Union, an occupational credit union serving the employees of Affinia Inc.,that the
company decided to lay off two hundred(200) plus employees in their manufacturing
location on Industrial Drive off route 120. The company's goal is to evidently close the
building and sell it.
The Midwest Federal Credit Union office is located in that building. The credit union is
small by financial organization standards, around $3 million in assets. Due to their size
they cannot afford to open an office to service their remaining members, which total about
500 who are still employed in McHenry.
Because of the financial constraints this situation places on Midwest FCU their directors
contacted me regarding the possibility of them merger into our credit union.
McHenry County Federal Credit Union was organized in July 1961 to serve the employees
of all the schools, public, private and parochial, in McHenry county. In 2002 the board of
directors decided to apply for a charter change to allow anyone who lives,works,
worships or attends school in McHenry County to join its membership. That approval was
granted by the National Credit Union Administration in December 2002.
At a special board meeting held on Tuesday,March 7, 2006, the Board of Directors of
Midwest Federal Credit Union voted unanimously to merge into McHenry County FCU.
On March 22, 2006, the Board of Directors of McHenry County FCU also voted to
merge with Midwest FCU. Both credit unions being chartered by the National Credit
Union Administration, this seemed a natural marriage.
At this time all documentation needed to complete the merger are being completed so they
can be forwarded to our regulator for approval..
345 F,Congress Pkwy 327 E Jackson St 11810 E Blain St A M E R I r, A' S
Crystal lake,IL 60014 Woodstock,IL 60098 Huntley,IL 60142 UNIONS-
Fax:
Phone:815-459-3615 Phone:815-338-3230 Phone:847-669-5850 CREDIT
815-459-3647 Fax:815-338-1120 Fax:847-515-1859
'�i���' Where people are worth retore than aiauny.w
As you know everyone looks for the most convenient way to handle their day to day ,
activities. What we are requesting is that the City of McHenry allow us to open a branch
office in McHenry to serve not only the current members of Midwest FCU but also the
members of McHenry County FCU who currently reside in McHenry. What we are
attempting to do is provide some stability to the financial well being of the members of
Midwest FCU. They have just been told they are going to lose their job by the end of the
year. They need to be able to depend on their current financial service provider,which
for many of them is Midwest FCU. Total membership within the city of McIienry
amounts to 1,500 members.
We are not looking to purchase property or build a new building. We have viewed many
available locations throughout McHenry. The building we have decided on is a 1,361
square foot space located in the 804 Professional Building at the intersection of Front
Street and Dane Street. The building is currently owned by Doctor George Nahra, an
orthopaedic surgeon.He has owned the building for close to five years. Before that he
leased space in that building for over twenty years.
The building itself is close to 30 years old. As you can see by the pictures, this building
is not suitable a retail space .There will be no drive up lanes. There is ample parking
around the building to not only serve the clients of Dr. Nahra,but also the staff and
members of the credit union.
The merger if approved by the regulators would be effective July 1, 2006. I know
because of the city calendar it could take 6 to 8 weeks just to obtain city approval. Add to
that time to obtain a building permit and have the actual buildout take place,we may not
be able to move until August or September at the earliest. Hopefully Affinia will allow
the credit union to remain in their building during this time.
Respectfully submitted,
Robert Waclawik
President
McHenry County FCU
� el����srnt„ �, P} x•- 7
'4T y?X�h, M� � '!a 4 J "'n'N •�
M
V w a qe w� e
t � FF da Wilk �5
f-x
•ter. ri�° �,;
`�•. h s�. 4 T � xr�-z
�.Ff 1}..•f' •'y f G4' b'''f�i` S t 1 F v�� 4 ;.
k 1J Y[
IT F
1
Yr
4zm
s �i .�,
1• v i� "ebb {�' ,+
r �
s. c t i aFs r
•�` a ^7 J +may.:,
n x
x fir �
d y
r f -
�1
Planning and Zoning Commission
April 20, 2006
Page 2
Motion by Nadeau, seconded by Buhrman,to recommend to City Council with regard to File No.
Z-670, to grant the request for building setback variance as follows to the McHenry Villa
Property located at 3516 West Waukegan Road:
Northwest corner of the building setback 2.5 feet;
Northeast corner of the building setback 5 feet;
and that Table 32, the Approval Criteria for Variances, pages 377-378 of the Zoning Ordinance
has been met.
Voting Aye: Buhrman,Ekstrom,Howell,Nadeau, Schepler.
Voting Nay: None.
Not Voting: None
Abstaining: None
Absent: Cadotte, Thacker.
Motion carried.
Chairman Howell closed the Public Hearing at 7:43 p.m.
Public Hearing—McHenry County Federal Credit Union
File No - Z-671
Use Variance - 804 North Front Street
Chairman Howell at 7:44 p.m. called to order a Public Hearing regarding File No. Z-671, an
application for a Use Variance to allow a financial institution in a C-5 zoning district, as
submitted by McHenry County Federal Credit Union for the property located at 804 North Front
Street.
Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on
March 31, 2006. A Certificate of Publication is on file in the City Clerk's Office. Notices were
sent via certified snail to all abutting property owners of record. Certificate of mailing and
affidavit of posting the subject property as required by ordinance are on files in the City Clerk's
Office.
In attendance were Robert Waclawik of the Federal Credit Union and Candy Dietrich of Affinia
Credit Union. Both were sworn in by Chairman Howell.
Mr. Waclawik explained Affinia intends to vacate its Brake Parts facility on Industrial Drive. To
that end the Affinia Credit Union is merging with the Federal Credit Union to accommodate the
remaining local Affinia employees. A new site for the credit union facility was therefore needed.
The proposed location is 804 North Front Street.
Planner Zeller presented the staff report. She noted the subject property is zoned C-5. Due to
recent Council action, financial institutions, including credit unions, are no longer a permitted
used in the C-5 District. The applicant is seeking a use variance to permit their facility at this
location.
The Commission briefly discussed parking needs, existing sign modifications, credit union
mergers, number of employees projected and number of anticipated daily customers for the
facility. It was the consensus of the Commission there were no issues preventing the
recommendation of the use variance to Council.
Planning and Zoning Commission
April 20, 2006
Page 3
There were no further questions or comments by the commissioners. There was no Public
Comment regarding this matter.
Motion by Nadeau, seconded by Schepler,to recommend to City Council with regard to File No.
Z-671, a request for Use Variance to allow a financial institution in the C-5 Zoning District as
submitted by McHenry County Federal Credit Union for the property located at 804 North Front
Street be granted; and that Table 32A, The Approval Criteria for Use Variances, page 379 of the
Zoning Ordinance,has been met.
Voting Aye: Buhrman, Ekstrom, Howell,Nadeau, Schepler.
Voting Nay: None
Not Voting: None
Abstaining: None
Absent: Cadotte, Thacker.
Motion carried 5-0.
The Public Hearing was adjourned at 7:59 p.m.
Other Business
Commissioner Ekstrom mentioned Hancock Fabrics is opening a facility in Crystal Lake. She
inquired when McHenry would have a Super Wal-Mart.
Chairman Howell opined Gary Lang is blatantly disrespectful of City ordinances and continues
to park vehicles on the grass and in the parkway.
Commissioner Nadeau inquired if commissioners were restricted from speaking with the press.
Some discussion occurred regarding recent calls received from newspaper reporters. Chairman
Howell stated commissioners are appointed City officials and are free to comment if they so
choose.
Adjournment
Motion by Nadeau, seconded by Ekstrom, to adjourn the meeting at 8:07 p.m.
Voting Aye: Buhrman, Ekstrom, Howell,Nadeau, Schepler.
Voting Nay: None
Not Voting: None
Abstaining: None
Absent: Cadotte, Thacker
Motion carried 5-0.
The meeting was adjourned at 8:07 p.m.
Respectfully submitted,
Kathleen M. Kunzer, Deputy Clerk
Planning and Zoning Commission Secretary
ORDINANCE NO.
AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW A FINANCIAL
INSTITUTION IN THE C-5 ZONING AT 804 FRONT STREET,
IN THE CITY OF MCHENRY,MCHENRY COUNTY,ILLINOIS
WHEREAS, a petition has been filed with the City by Bob Waclawik requesting a Use Variance
for the property legally described on"Exhibit A", attached hereto and incorporated herein;the
"SUBJECT PROPERTY", and
WHEREAS, a public hearing on said petition was held before the Planning and Zoning
Commission on April 20,2006, in the manner prescribed by ordinance and statute; and
WHEREAS, as a result of said hearing, the vote of the Planning and Zoning Commission
recommending approval of the requested Use Variance was unanimously approved (5-0) with two
members absent; and
WHEREAS, the City Council has considered the evidence and recommendations from the
Planning and Zoning Commission and finds that the approval of the requested Use Variance is consistent
with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety,morals
and general welfare of its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MCHENRY,MCHENRY COUNTY,ILLINOIS, AS FOLLOWS:
SECTION 1: That the SUBJECT PROPERTY shall be granted a Use Variance to allow a
financial institution.
SECTION 2: In granting said Use Variance,the City Council finds that the requirements of Table
32(A) of the Zoning Ordinance have been met in that:
1. The requested Use Variance is necessary because the strict application of the provisions of
this Ordinance relating to the use of the land would result in unnecessary and undue hardship
upon the applicant;
2. The requested Use Variance is necessary because the property cannot yield a reasonable return
if permitted to be used only under the conditions allowed by regulations in the Ordinance;
3. The requested Use Variance will not generally apply to other properties in the same zoning
district and is unique to this site.
4. The requested Use Variance will not alter the local character of the locality or substantially
impair environmental quality,property values,or public safety or welfare in the vicinity; and
5. The requested Use Variance will be in harmony with the general purpose and intent of this
Ordinance and of the Comprehensive Plan of the City.
SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are
hereby repealed to the extent of such conflict.
1
SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of
the corporate authorities of the City of McHenry,McHenry County,Illinois.
SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval,
and publication in pamphlet form as provided by law.
PASSED THIS DAY OF , 2006
AYES:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
APPROVED THIS DAY OF ,2006
MAYOR
ATTEST:
CITY CLERK
2
Exhibit A
Legal Description of the SUBJECT PROPERTY
The North 132 feet of Block 1 (except the Easterly 14 feet thereof)in Wattle's Second Addition to
McHenry, A Subdivision of part of the Northwest Quarter of Section 35,Township 45 North,Range 8
East of the Third Principal Meridian, according to the Plat thereof recorded April 8, 1927 as Document
No. 77644 in Book 5 of Plats,page 94, in McHenry Council Illinois;Also the North 132 feet of that part
of the Southwest Quarter of the Northwest Quarter of Section 35,Township 45 North,Range 8 East of
the Third Principal Meridian, lying between said Block 1 of Wattles Second Addition aforesaid and State
Highway No. 31 described as follows: Beginning at the Southwest Corner of said Block 1; thence West
on the Quarter Section line 97.1 feet more or less,to an intersection with the Easterly right of way line of
said State Highway Route No. 31 (formerly known as Route No. 61);thence Northerly on said Easterly
right of way line 1028.05 feet to a point on the North line of said Block 1 of Wattle's Second Addition
aforesaid, extending Westerly; thence Easterly on said extended North line of said Block 1, a distance of
25.2 feet more or less to the northwest Corner of said Block 1;thence Southeasterly on the Westerly line
of said Block 1 a distance of 1030.7 feet more or less,to the place of beginning in McHenry County,
Illinois.
3
F I L E
AGENDA SUPPLEMENT
TO: Mayor and City Council
FROM: Douglas Martin,Assistant City Administrator
FOR: May 15,2006 Regular City Council Meeting
RE: Municipal Drive Improvements
On April 17t', the City Council authorized Staff to advertise for bids for the Municipal Drive Improvements (see
approved design attachment) and on April 24*, Staff met with the Marinangels regarding the approved
improvements. At that meeting, the Marinangels requested that the City revert back to the original design
configuration of the roadway(see attachment"A") and, in turn, they would dedicate the right-of-way necessary to -
do so at no cost to the City. Staff informed the Marinangels this request would be brought forward to the City
Council for consideration.
The Marinangels originally objected to the dedication of the right-of-way due to the value of the land that would be
lost,as well as the impact the dedication would have on the future development of their land. Approximately 7,334
square feet of land is required from the McHenry Savings Bank property to accommodate the original roadway
design and 4,887 square feet is required from the parcel west of Bank Drive and south of the McHenry Savings
Bank building (see attachment`B"). Staff does not believe that the 4,887 square foot land dedication will have a
significant impact on the future development of this parcel due to the fact that this land will most likely be vacant as
a result of building setbacks. Further, Staff informed the Marinangels that they will work with them when this
development occurs,if a variance or other type of zoning relief is required.
Staff contacted the City engineer to determine how long it would take to prepare drawings and bid documents
accommodating the original Municipal Drive roadway design. Bob Wegener informed Staff that these documents
were substantially completed and they would only need a week or so to alter bid documents, etc. to go back to the
original roadway design. In addition, he informed Staff that the bidding of the project could still take place in a
timeframe that would not negatively affect the project cost or the construction of the project. It should be noted that
the original project design cost will be exceeded by approximately$25,000 taking the project through the bidding
process; however, there will be a savings in the construction cost associated with going back to the original design
of the roadway.
Staff worked extensively with the Marinangels throughout the Municipal Drive roadway design process. Due to the
relatively low impact to the project,Staff recommends that the roadway design be altered back to the original design
to accommodate the Marinangel's request. Staff also recommends that the Marinangels dedicate the 7,334 square
feet of land necessary,at no cost to the City,to revert back to the original roadway design.
Fr
Main Facility:
353 BANK DRIVE • McHENRY,ILLINOIS 60050
(815)385-3000 • FAX:(815)385-4433 • www.mchenrysavings.com
April 25, 2006
Mayor Sue Low
City of McHenry
333 South Green St.
McHenry, IL 60050
Dear Mayor Low,
Thank you for the opportunity to revisit the Municipal Drive design
yesterday. Should the City choose to build the original design as shown on
plan revision dated 2-19-05 and 1 -19-06 McHenry Savings Bank will donate
the approximately 7,334 square feet required for the road's right-of-way.
Based on our conversation it is our understanding that our offer may
be brought before the City Council next month. Should that occur we would
appreciate advance notice of the date so we may attend. If there is anything
further that you require please let me or Kathy know.
Very trul yours,
James . Marin gel
Exec ive Vice President
Downtown: Richmond: Johnsburg: Huntley:
1209 N.Green St. Route 173&Main St. 4000 N.Johnsburg Rd. 10390 Route 47
McHenry,Illinois Richmond,Illinois McHenry,Illinois Huntley,Illinois
60050 60071 60050 60142
SMITH ENGINEERING CONSULTANTS, INC.
L1Yd/B17tUCM M FAM-T, as AND fuRYiIfORS
4w FM
rw ne.oa-�rh rat ue-w-lm
w�.W1►vperYy.� wtiMYwdw.rl�Wa
.WImm 1tNf=1lIiT TOA:NIs
vino PROPMOK"Dl91ON Plin/16h0001OD
COW.ME 0 41004-00 0.4p
PLOT THE STANDARD _J
N[Ip er m
UW?s 0POWMAY
{ {
EXISTING { I M I
MCNENRY SAVINGS l
-IG
— / IA
ML
Lam of
am Am.
ovgw
� I
I
Y•
gRMONS
NICIPAL DRIVE
MCNENRY, IL
VERALL PLAN
NY: DIE DATE PRO.ECT N0.LT OJ-24-0.9 AILW£041004-J
N BY: INT NORIZ SCALE: SHEET N0.
ap I' JO'
K BY. INM VERT SCALE: CE-05
Dcd —
00 W —� �—�_ S m GMEERIN �CONS11 I
9 2' II
wv
28.3'
,7
R15' 30' FTRAfK T'CP
�' 21
R25' _ _.- T R34.5�
—_ /
i
ROW REQUIRED FROM-BgNK P�1J9ERT9
--- -- - -- p 1 - _ (7334 SO FT)
BAnK DRIVE
--- -- TEM
PORARY CONSTRUCTION EASEMENT --
-�_- REQUIRED FROM RETAIL BUILDING
--------- - i
I
I
I i
1
\
I
t6�� �� 1
I /
I I
i
I ,-
I
QW
1
m i Z - - - - - -
PPOPOSED A&IVICIPAL D
i
I
: I
1 ----->------------ ---- ---__ - 46LE 2Y
I
/ MUVICIPAL DRIVE
/ RIGHT OF WAY A�ITION
I �
OAiEz PXOJECT-NO.
aN av: NT: wli scxE EX
NA
AGENDA SUPPLEMENT
TO: Mayor and City Council
FROM: Joseph P.Napolitano,Community Development Director
FOR: May 15,2006,Regular City Council Meeting
RE: Ordinance Adopting a Text Amendment to Chapter VII of the Zoning Ordinance,Off-
Street Parking and Loading
Applicant: City of McHenry
ATTACHMENTS: 1. CDC Minutes dated 7/19/05
2. City Council Minutes dated 8115105
3. CDD Report to the Planning and Zoning Commission
4. Planning and Zoning Commission Minutes dated 2/2/06
5. Proposed Table 13 RjgWad Parking SRaces for Non Residential and Non-Lodging Uses
6. Ordinance amending Chapter VII.Table 13
STAFF RECOMME ATION• To approve the attached ordinance amending Table 13 of Chapter VII, Off-Street
Parking and Loading,to change the parking requirements for restaurant uses.
Background
During a City Council discussion in early 2005, Aldermen expressed concern regarding the adequacy of parking for
restaurant users. It was noted that the new sit-down restaurants seemed to lack sufficient parking to handle the large
demand. The Aldermen referred the matter back to the Community Development Committee, The Committee
discussed two possible options for amending the parking requirements at the July 19, 2005 meeting. They chose to
reduce drive-thru restaurant parking and increase sit-down restaurant parking. The proposed amendment to Table 13 of
Chapter VII would amend the restaurant users parking by:
• Reducing the required parking for carry-out only restaurants to 10 spaces per 1,000 sf.
• Reducing the required parking for eat-in restaurants with a drive-thru to 10 spaces per 1,000 sf.,with space
reserved to accommodate 15 spaces per 1,000 s£
• Increasing the required parking for eat-in restaurant to 25 spaces per 1,000 s£
The Committee instructed staff to bring the item forward to the full City Council for consideration and at the August 15,
2005 City Council meeting, the Council instructed Staff to bring the item forward to the Planning and Zoning
Commission for a public hearing.
Planning and Zoning Commission
The Planning and Zoning Commission unanimously recommended approval of proposed text amendment at their
February 2,2006 hearing.
Community Development Committee Meeting
July 19,2095
page$
erman
immer opur or Shoulda more r egn of
the neighborhood and surrounding structures.
r
Pat Sc representative of the Landmark Commission,.addressed th ommittee. Nis. Sealer
indicated the Commission were pleased in general with the or , but would like verbiage
isicluded stating thaf. a home to be tors down has historic sigaifican ,
tire.Landmark Commission be
permitted to salvage am Of historic value prior to demolition
no
Responding to Chairman ndon's inquiry regarding o " . administration, Director Napo evie
indicated the structure would be ed for historic si cance first by staff and then. by a Review
Commission. Alderman Glab opined ould support' entation of a Review Commission, subject to
.the petitioner being able to appeal Review 'ssio 'al before the City Council.
Chairman Condon.suggested the Review 'ssion be comprised of five persons as fonowss
• Member of the Landmark Commissio
• Member of the Planning and Zonis ommission.
An Alderman
s A Staff Member from the Co 'ty Development Dep ent
• A qualified member of olio
Alderman Sant! sted a member of the Landmark Commiss an Alderman and a 'Staff' t
member from the Comm Development Department would be adequate.
A
Alderman W er suggested the following:
A memb f the Landmark Commission}
• A St ember from the Community Development Department
An erman from the applicable ward where the teardown is proposed, and
" ed member of the public.
Following a discussion regarding the possible composition of the Review Commission it was
Ib
Usus of the Committee to instruct Staff o
Discussion: Restaurant Parkins Requirements
Director Napolitano reiterated that during a recent Council meeting discussion occurred regarding a
Conditional Use Permit for a proposed restaurant/tavern. At that time Alderman Glab expressed concern
regarding the adequacy of the City.'s current parking requirements for restaurants. Council referred the
matter to the Community Development Committee for consideration
Staff opined the current requirements do not adequately match restaurant parking usage. Smaller
restaurants, with drive-thru facilities, have too many required spaces while sit down .restaurants lack
sufficient parking.
r
Community Development Committee Meeting
July 19, 2005
Page 9
Director Napolitano indicated the following..'current requirements and illustrated om-si#e data
compiled by Staff using O=ent Parking requirements.:at existing city-vide restaurants;.noting Optifln A and
Option B suggested by Staff.
rSzteak
uare Footage Maximum# of Current Option A Option B
Cars between Parking New Parking Ratio New Parking Ratio
11 am-1 m Requirements Required Spam use Required S aces use
ke 21 20/1400sf 10/1000sf 15/1000sf
L
0sf 74 37 55
ger King 2b 20/1000sf 10/1000sf 15/1000sf
4110sf 82 41 62
McDonalds 14 20/1000sf 10/1000sf 14/1000sf
4200sf 84 42 63
Burger King 26 20/1000sf ] 10/1000sf' 15/1000sf
4115sf 82 41 62
KFC 13 20/1000sf 10/10409f 15/1000sf
2800sf 56 128 142.
Applebee's 40 20/1000sf 30/1000sf 25,1000sf
5000sf 1. 100 150 125
Chili's NA 20/1000sf 30/1000sf 25,1000sf ,
4721sf 94 141 118
Director Napolitano informed the Committee the new parking ratios were determined using several
ihethods.
Vat-in and drive-in restaurant parking were determined to be adequate at 10 spaces per 1,400 sf of
floor area,as indicated in Option A These restaurants generate some inside sit down patrons but about half
of the business is comprised of drive-thru customers only. Ten spaces per 1,000 sf more closely matches.
the data collected by Staff at these establishments.
Sit down restaurants, with less than 4,250 sf will usually have fewer customer seating spaces and
also less staff Parking spaces for these establishments was determined to be sufficient at the current 20
spaces per 1,000 sf. Staff determined that larger restaurants would attract more patrons from further away
and have a larger staff. Staff recommends,thirty spaces ,per 1,000 s£ as determined by how the Building
Code calculates occupancy.
Alderman Glab opined he supports increasing the parking space requirement at sit down restaurants,
agreeing the parking spaces for fast-food restaurants appears adequate and could remain as is. He stated
Council could continue to review variance requests for exceptions.
Alderman Wimmer suggested allowing a sit down restaurant to under-develop their parking lot,with
the understanding that the additional space would be set aside as green space,unless and until the additional
parking is needed. A brief discussion ensued regarding who would determine when the additional parking
was needed. Director Napolitano suggested language be included in the ordinance requiring additional
parking, should the City ascertain additional parking is required.
Alderman Rummer opined he I"ikes Option B, including the green space banking requirement, and
Option A, should banking space not be required. Alderman Glab suggested seating should be taken into
,a
communityDevelopment Committee Meeting
July'19,2005 ti
Page 10
consideration in addition to square footage. Chairman Condon opined that seating would be more difficult
to monitor than the square footage of an establishment.
Alderman Santi indicated he prefers Option A, with the required spaces for sit down restaurants
reduced from 30 spaces/1,000 sf to 25 spaces/1,000 sf, Alderman Wimmer concurred with Alderman Santa.
Motion by Wimmer, seconded by Santa, to recommend to Council the following amendments to the
Zoning Ordinance Chapter VII Table 13, as follows:
Drive-in 10 spaces/1,000 sf,with land banking for an additional 5 spaces/1,000 sf.
a Sit-down only 25 spaces/1,000 sf.,withput land banking
a Carryout 10 spaces/1,000 sf.,without land banking
Aye: Condon, Glob, Santa,Wimmer,
Nay: None.
Absent: None.
Motion carried.
hector Napolitano summarized the.proposed revisions to the Sign Code. He indicated t t signage
i important to every developer. Over the years many requests to Council have been presented for '
v es. Director Napolitano opined at times the requests maybe due to the limited size and num signs
allow irr the Code, and at other times the developer may have misread the definitions in ode. In
order to represent the current needs of the City, Staff feels an amendment to C M Signs is
necessary.
Staff recommen a Committee consider and discuss the following:
Sign Definitions: There are ently 29 different types of s' defined in the Ordinance. Staff . .
recommends reducing the number o 'lions and clarifyin remaining definitions.
Number of Vyall Signs n for Shoo' ent ently any building that is part of a shopping center is
considered a shopping center tenant and all only one wall sign. Additionally, corner spaces are
allowed only one wall sign. Staff sugge as adds wall sign for out lot users and the Committee's
consideration of an additional wall si r corner tenant .
Freestandiniz Signs for Out in Shopping Centers: Shopping ce s are allowed only one freestanding
sign, sometimes placin t lot users at an advertising disadvantage, variance, the City has allowed
monument style fre ding signs for out lots in the shopping center on Richmond Road. Staff
suggests the Co consider allowing a freestanding siS4 for any out lot user.
ha ectroni M e Sims: This type of sign is currently defined, however not ' Ise in the
regula ' addresses how the signs are to be used. Due to changing technology these signs ha been
red itt
me Message Signs.
August 15, 2005
Page 10
to a %C1
g of the Illinois Racing Board, which is scheduled for August 16, 2005.
Administrator Maxeiner informed Council the change of venue for the facility is
the only c nge in operations. Oversight of the operation continues to be exercised by
Arlington Par and regulated by the Illinois Racing Board. He stated the City of McHenry
would continue to receive 1% of every dollar wagered at the facility. Chief of Police
O'Meara has revs wed the proposal and has no concerns regarding the change of venue.
Staff recommends proval of the License Agreement with Arlington Park and Nicolino's
Restaurant for a per! of ten years.
Alderman Condo requested clarification regarding the length of the License
Agreement. City Administra r Maxeiner noted the Agreement extends ten years from the
date of acceptance.
Motion by Wimmer, secon qdd by Schaefer, to accept Staffs recommendation to
approve a License Agreement with ington Park and Nicolino's Restaurant for Trackside
Off-Track Betting for a period of ten yea beginning with the date of acceptance.
Voting Aye: Santi, Schaefer, Murgatr d, Wimmer, Peterson, Condon.
Voting Nay: Glab. �-
Absent: None.
Motion carried. -=----
REVIEW OF PROPOSED AMENDMENTS TO MUNICIPAL PARKING REQUIREMENTS
FOR RESTAURANTS
Director Napolitano reiterated to Council that at the July 19, 2005 Community
Development Committee Meeting, the Committee discussed the current parking
requirements for restaurants, both sit-down and those containing drive-thrus. He stated the
Zoning Code currently requires:
20 spaces per 1,000 square feet of floor area for a sit-down or drive-thru
restaurant; and
16 spaces per 1,000 square feet for carry-out only restaurants.
Director Napolitano noted during the discussion Committee members indicated that
several sit-down restaurants in the City do not appear to have adequate parking to meet
demands. An increase in required parking would assist patrons in easily locating a parking
spot and reduce parking lot congestion.
Staff presented findings to the Committee which indicated that parking requirements
for restaurants with drive-thru's exceed what is really used, or needed. In light of several
requests for variances to reduce the required parking for drive-thru's, Staff compiled data
from several other municipalities' parking ordinances. In addition, Staff conducted on-site
visits and counted the number of cars actually using existing parking spaces at several
area restaurants. The Committee considered the data, reviewed the proposed options, and
recommended that required parking for restaurants be amended as follows:
Drive-thru restaurants — reduce the number of required spaces from 20 to 10 spaces
per 1,000 sf., provided the site is designed to accommodate 15 spaces per 1,000.
The additional space must be "banked" as open space; and, if there is ever a need
August 15, 2005
Page 11
demonstrated for additional parking, the space must be converted to parking.
• Sit-down restaurants — increase the number of required spaces for sit-down
restaurants from 20 to 25 spaces per 1,000 sf.
• Carry-out restaurants — reduce the number of required spaces from 16 to 10 spaces
per 1,000 sf.
Alderman Glab opined that he would have liked to have seen more discussion take
place at the Committee level regarding the square footage regulations, but he is generally
pleased with the amendments to the parking requirements.
Motion by Wimmer, seconded by Peterson, to accept the unanimous
recommendation of the Community Development Committee, to direct Staff to prepare the
necessary documentation for the amendment of the restaurant parking requirements of the
Zoning Ordinance to be presented before the Planning and Zoning Commission at a Public
Hearing.
Voting Aye: Sand, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR— STATEMENT AND REPORT
Mayor Low reminded Council that the annual Hand Car Races would be taking place
at Petersen Park this weekend. She encouraged attendance in support of a good cause.
COMMITTEE REPORTS
There were no Committee Reports.
STAFF REPORTS
Director of Public Works Marcinko announced that the traffic signal at Bull Valley
Road and Ridgeview Drive would be activated at 10:00 a.m. on Tuesday, August 16, 2005.
Director Napolitano reiterated to Council that the owner of the company, which
erected hot tub signs in the public right-of-way, was presented with a $25.00 violation for
each of the forty-one signs pick-up by City Staff. With the passing of the original date by
which the violations were to be paid, the fine doubled. The second date has passed, and
the matter will now go before adjudication counsel for further action.
FUTURE AGENDA ITEMS
Alderman Glab commended Chief O'Meara's dedication. He informed Council that
Chief O'Meara was observed directing traffic during a recent signal outage.
EXECUTIVE SESSION- PERSONNEL AND PROPERTY ACQUISITION
Motion by Murgatroyd, seconded by Wimmer, to adjourn to Executive Session to
discuss Personnel and Property Acquisition at 8:12 p.m..
Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Community Development Department Report File No. Zr-667
Revised Chapter VII. Parking
February 3,2006
Applicant
City of McHenry
Requested Action
Zoning Code Text Amendment to update Chapter VII.Parking
Background
On July 19, 2005, the Community Development Committee considered a revised Table 13, Parking
Requirements, to address noted inadequacies relating to current parking requirements. It has been noted
by staff and elected officials that the existing sit-down restaurants, such as Chili's and The Village Squire,
do not have adequate parking to meet the demand. It is also noted that many drive-thru restaurants have
an excess of parking. Staff had decided to differentiate between the two users and create two different
parking requirements.
Description of Request
Carry out restaurants use less parking because of the high turnover of customers and lack of seating. The
current requirement of 16 spaces per 1,000 st seems excessive. Staff is recommending to reduce the
required parking for carry out restaurants to 10 spaces per 1,000 s.f.
Drive-in/eat-in restaurants also have a high customer turn over, and the majority of customers choose to
purchase their food through the drive-thru. For these reasons the 20 spaces per 1,000 st seems
excessive. Staff is recommending reducing the required parking to 10 spaces per 1,000 s.f with the site
designed so the parking field could be expanded to 15 spaces per 1,000 s.f if needed.
The limited number of eat in restaurants in the City creates a large demand by customers. Eat in
restaurants also have a slow turn over due to the time it takes to be served and eat. For these reasons staff
has recommended increasing the required parking to 25 spaces per 1,000 s.f.
The revised parking requirements will address the current demand for additional parking at eat in
restaurants. It will also allow some flexibility for drive-thru restaurants.
The current parking requirements are:
Minimum Number of Spaces Required[a]
Per 1,000 Per Person
Per Sq Ft Design
Employee[b] Floor Area Capacity [c]
RESTAURANT
Carry Out Only -- 16 --
Drive In and Eat In -- 20 -- [g3
Eat In,No Drive In -- 20
Parking requirements are calculated base on net floor area as explained below.
FLOOR AREA,NET:
A measure of floor area as defined herein used for purposes of calculating off-street parking and off-street
loading requirements.
Net floor area is floor area excluding only:
Page 1 of 2
Community Development Department Report File No. Z-667
Revised Chapter VII. Parking
February 3, 2006
1. areas devoted to off-street parking or off-street loading,including aisles,ramps,and
maneuvering space
2. areas devoted primarily to storage and not located within selling or working spaces,
except for facilities such as warehouses where the principal use is storage
3. basement or cellar areas not devoted to retailing activities, offices, or production or
processing of goods
4. elevator shafts and stairwells
5. maintenance shafts and rooms
6. washrooms
7. display windows
8. fitting rooms.
For ease in administration,Net Floor Area may also be calculated as 85 percent of Gross Floor Area.
Staff Analysis
Staff recommends adopting the revised parking calculation. The revised Chapter VII, Table 13 has been
provided.
Staff Recommendation
Approval of the revised Chapter VII.Parking.
Attachments
• Revised Table 13 and notes
• Minutes from 8/15/2005 City Council discussion
Page 2 of 2
Planning and Zoning Commission
February 2, 2006
Page 3
Chairman Ekstrom closed the Public Hearing at 7:48.
Public Hearing—City of McHenry
File No- Z-667
Zoning Text Amendment to Chapter VII Parking
Chairman Ekstrom at 7:49 p.m. called to order a Public Hearing regarding File No. Z-667, an
application for a Zoning Text Amendment to Chapter VII Parking Requirements of the Zoning
Ordinance as requested by the City of McHenry.
Chairman Ekstrom stated notice of the Public Hearing was published in the Northwest Herald on
January 18, 2006. A Certificate of Publication is on file in the City Clerk's Office.
planner Zeller presented the staff report. Ms. Zeller stated that City Staff and elected officials
have noted that several restaurants in the City have parking deficiencies. This is especially true
for the limited number of eat-in restaurants in the City. Staff also noted that many drive-thru and
carry out restaurants do not use all of their required parking. Staff has recommended:
• Carry-out only restaurants -reduce the required parking from 16 spaces per 1,000 sf to 10
spaces per 1,000 sf;
• Drive-thru/eat-in restaurants - reduce the required parking from 20 spaces per 1,000 sf to
10 spaces per 1,000 sf subject to the requirement that the site be designed to
accommodate 15 spaces per 1,000 sf should Staff determine additional parking is
required;
Eat-in only restaurants -increase the required parking from 20 spaces per 1,000 sf to 25
spaces per 1,000 sf.
Commissioners inquired if a semi-permeable parking surface could be utilized as a means of
reducing the amount of asphalt which could provide better water run-off management in the
City. Suggestion was made that Staff research this possibility.
Chairman Ekstrom stated her opposition to reducing the required parking for drive-thru/eat-in
restaurants in light of recent parking issues noticed at the reopening of the Taco Bell/Long John
Silvers.
Commissioners suggested Staff investigate and clarify property maintenance requirements for
parking lot striping. It was also stressed that Staff should make sure language is clear regarding
the banking of land for additional parking should it be deemed necessary for drive-thru/eat in
restaurants.
Motion by Cadotte, seconded by Nadeau, to recommend to City Council with regard to File No.
Z-664, a request for Text Amendment to the City's Zoning Ordinance, Chapter VII Parking
Requirements,be amended as follows:
• Carry-out only restaurants -reduce the required parking from 16 spaces per 1,000 sf to 10
spaces per 1,000 sf,
• Drive-thru/eat-in restaurants - reduce the required parking from 20 spaces per 1,000 sf to
10 spaces per 1,000 sf subject to the requirement that the site be designed to
accommodate 15 spaces per 1,000 sf should Staff deter-nine additional parking is
required;
Planning and Zoning Commission
February 2, 2006
Page 4
• Eat-in only restaurants -increase the required parking from 20 spaces per 1,000 sf to 25
spaces per 1,000 sf.
Voting Aye: Cadotte,Ekstrom,Nadeau, Schepler,Thacker.
Voting Nay: None
Not Voting: None
Abstaining: None
Absent: None
Motion carried 5-0.
Chairman Ekstrom closed the Public Hearing at 8:10.
Other Business
Planner Zeller noted that Staff is working on revising the Landscape section of the Zoning
Ordinance and preparing a Sub-Area Plan for the Crystal Lake Area, both of which the
Commission will see in the near future.
Commission Member Ekstrom asked about any new retail development in the City. Planner
Zeller told the Commission that Staff had just met with a real estate agent regarding the
northwest corner of Bull Valley Road and Crystal Lake Road and the possible retail development
including a Walgreen's. Commission Member Ekstrom also asked Staff when they are updating
the Landscape Code to look at the requirements for trees planted under overhead utility lines.
Adjournment
Motion by Cadott, seconded by Nadeau to adjourn the meeting at 8:20 p.m.
Voting Aye: Cadotte,Ekstrom,Nadeau, Schepler,Thacker.
Voting Nay: None
Not Voting: None
Abstaining: None
Absent: None
Motion carried 5-0.
The meeting was adjourned at 8:20 p.m.
Respectfully submitted,
Kathleen M.Kunzer,Deputy Clerk
Planning and Zoning Commission Secretary
C:Mayor,Aldermen,City Administrator,City Clerk,City Attorney,City Planner,City Engineers,Applicants,Landmark Commission Chairman,
Chicago Tribune,Northwest Herald,Aldermen Conference Room,File Copy.
Table 13: Reguired Parking Spaces
for Von-Residential and Non-Lodging Uses
Minimum Number of Spaces ReQuired (al
Per 1,000 Per Person
Per Sq Ft Design
Employee [b] Floor Area Capacity[c]
SCHOOLS
Elementary 1 -- --
Junior High -
High School 1 — .125 [d]
College or University 1 -- .25 [dl
Conuuercial 1 -- .25 [d]
RECREATIONAL
lsidoor Theater — -- .33
Bowling Alley
Per Lane
RRestaurantSar -- 3 --
Arena or Stadium -- -- .25
Auditorium(non-school) — -- .25
Skating Rink -- -- .25
Swinuning Pool -- — .25
Dance or Meeting Hall — -- .25
Conununity Center -- -- .25
IN STITUTIONAL
Church -- -- •25
Public Utility&.Service 1 — --
Philanthropic&Charitable Inst. — 1 --
Library,Museum,or Gallery -- 2.5 --
Nursing Home
Child Day Care Center -- 2 --
N EDICAL
Hospital 1 -- -- [e]
Clinic -- 6.5 --
Animal Hospital -- 2.5 —
AUTONIOTIVE
Auto Laundry 1
service Station 1
Vehicle Sales -- 2.5 --
I�i9
Minimum Number of Spaces Required [a]
Per 1,000 Per Person
Per Sq Ft Design
Employee [b] Floor Area Capacity [c]
OFFICE BUILDING -- 3.5 --
SHOPPING CENTER:
Under 400,000 Square Feet -- 4
400-600,000 Square Feet -- 4.5 Over 600,000 Square Feet -- 5
DEPARTMENT STORE __ 5
SUPERMARKET or Food Store -- 5
BANK or Financial Institution .675 -- -- [g]
RESTAURANT
Carry Out Only -- 10 --
Eat In with Drive-thru -- 15 [m] -- [g]
Eat In without Drive-thru -- 25
TAVERN -- 10 --
MORTUARY 1 10
CONTRACTOR or Construction Office 1 -- -_
FURNITURE & APPLIANCE
Sales or Repair Store -- 1.5 --
OTHER RETAIL
and Personal Service -- 4.5 -- [g)
INDUSTRIAL
Cartage&Express Firms 1 --
Warehousing&Wholesaling 1 .5
Radio or TV Station or Studio 1 --
Manufacturing, Research, Testing 1 1.5
Notes on Table 13
See also Table 12 for required spaces for residential and lodging uses.
Parking for uses not listed shall be as provided for the most similar listed use.
Requirements of this table do not apply to C-4 Downtown Commercial District.
Floor area shall be Net Floor Area,as defined herein.
1D0
All required space figures shall be prorated for each establishment.
Fractional spaces shall be rounded to nearest integer.
[a] One space for each truck or business vehicle employed by an establishment on the
premises shall be provided in addition to the number of spaces specified in this table.
[b] Maximum number of full and part-time employees on duty on the premises at any one time.
[c] Per seat in main auditorium or meeting room or per person of design capacity of the facility.
Eighteen inches of seating space shall be considered a seat for purposes of this requirement
where individual seats are not discernable.
[d] Design capacity in students
[e] Plus 1 space for every 2 beds
[f] Plus 1 space for every 4 beds
[g] Plus 5 stacking spaces per drive-in window
[h] 7 spaces per bowling lane
[i] Plus stacking spaces equal to 5 times the capacity of the car wash. The capacity shall be
calculated as the number of vehicles that can be accommodated at any one time in any
phase of the washing or waxing process.
01 Use employment standard or floor space standard, whichever is greater. If employment is
not known when plans are drawn, floor space standard may be used. If upon occupancy
the employment standard yields a greater number of required spaces,the City Council
may require the provision of additional parking before granting a Certificate of Occupancy.
[k] Plus 2 spaces per service bay
[1] Employee spaces exclude employee's resident on premises
[m] Only 10 spaces per 1,000 sf. shall be required for initial construction, however, the site
shall have adequate area to accommodate 15 spaces per 1,000 sf. and shall be designed as
such. If, in the determination of the Zoning Administrator, additional parking area is
needed to meet site demands, the City shall notify the property owner that construction of
the full required 15 spaces per 1,000 sf. is required,weather permitting,within 90 days of
such notice.
�a�
ORDINANCE NO.
AN ORDINANCE AMENDING TABLE 13 OF CHAPTER VII,
OFF-STREET PARKING AND LOADING,IN THE CITY OF MCHENRY, ILLINOIS
ZONING ORDINANCE
WHEREAS, the Mayor and City Council have determined that amendments to the Zoning
Ordinance of the City of McHenry are necessary to adequately address the parking demands for restaurant
parking; and
WHEREAS, a public hearing was held before the Planning and Zoning Commission on February
2, 2006, in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning
and Zoning Commission did recommend to the City Council the granting of the requested zoning text
amendment; and
WHEREAS, the Mayor and City Council have determined that it is in the best interest of the
health, safety and general welfare of the citizens of McHenry to amend the parking requirements for
restaurant users.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MCHENRY,MCHENRY COUNTY,ILLINOIS,AS FOLLOWS:
SECTION 1. That Table 13, Off-Street Parking and Loading Requirements for Non-Residential
and Non-Lodging Uses,of Chapter VII, shall be and hereby is amended as follows:
RESTAURANT
Carry-Out Only -- 10 --
Eat-In with Drive-thru -- 15 [m] -- [g]
Eat-In without Drive-thru -- 25 --
[m] Only 10 spaces per 1,000 sf, shall be required for initial construction, however, the site
shall have adequate area to accommodate 15 spaces per 1,000 sf. and shall be designed as
such. If, in the determination of the Zoning Administrator, additional parking area is
needed to meet site demands,the City shall notify the property owner that construction of
the full required 15 spaces per 1,000 sf. is required, weather permitting, within 90 days of
such notice.
SECTION 2. All Ordinances or parts thereof in conflict with the terms and provisions hereof are
hereby repealed to the extent of such conflict.
SECTION 3. This Ordinance shall be published in pamphlet form by and under the authority of
the corporate authorities of the City of McHenry,McHenry County,Illinois.
1
SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval,
and publication in pamphlet form as provided by law.
PASSED THIS DAY OF 2006
AYES:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
APPROVED THIS DAY OF ,2006
MAYOR
ATTEST:
CITY CLERK
2
4 .5
�'p t ;i b y. P `e- •' r
TO: Mayor and City Council
FROM: Joseph P.Napolitano,Community Development Directo
FOR: May 15, 2006,Regular City Council Meeting
RE: Request to Waive Bid Requirements and Accept the Quote from Buss
Ford for the Purchase of a Ford Taurus Program Vehicle
RECOMMENDATION: To Waive Bid Requirements and Accept the Quote in the
Amount of$11,600 from Buss Ford for the Purchase of a Ford Taurus Program Vehicle.
Purchase of a used vehicle for the Building Inspector I position was approved in the FY
2006-2007 budget in an amount not to exceed $13,000. Staff has looked at area
dealerships and found a 2005 Ford Taurus program vehicle at Buss Ford. The vehicle has
almost 19,000 miles on it and costs $11,600. Because a Ford Taurus is the same vehicle
as several others in the City's fleet, Staff is recommending that the bid requirements be
waived and that the City accept the quote from Buss Ford in the amount of$11,600 for
the purchase of this vehicle.
r
AGENDA SUPPLEMENT
TO: Mayor and City Council
FROM: Douglas Martin,Assistant City Administrator
FOR: May 15,2006,Regular City Council Meeting
RE: Intergovernmental Agreement with the McHenry Library District
In 1995, the City and the McHenry Library District entered into an Intergovernmental Agreement (agreement is
attached) and subsequently entered into a one year extension of that original agreement for use and occupancy of a
storage shed at 809 N. Front Street. In exchange, the City provides street sweeping, snow plowing and snow
removal services, for the library's parking lot adjacent to the shed and also maintains the shed. Both the City and
the library maintain their own liability insurance and each indemnifies the other party. The one year extension
expires on June 2na of this year.
Staff has contacted the Library District,who would like to extend the Agreement for one year. There is a provision
in the original Agreement which states that either the City or the library may terminate the Agreement upon giving
90 days notice to the other party. The Library's long-term plans include expanding the current library and
eventually utilizing the storage shed on site. They have hired an architect to analyze how to best utilize their
existing space and determine their future space needs.
The City's police department currently utilizes the shed to store bicycles, evidence and other miscellaneous items.
Currently, Staff is looking into an alternative storage arrangement for the police department. The storage shed on
the library district property will be utilized until an alternative arrangement is found.
Staff recommends approval of the attached Agreement to Renew the Intergovernmental Agreement between the City
of McHenry and the McHenry Public Library District.
AGREEMENT TO RENEW INTERGOVERNMENTAL AGREEMENT
BETWEEN MCHENRY PUBLIC LIBRARY DISTRICT
AND
THE CITY OF MCHENRY
This Agreement made this 151h day of May 2006, by and between the MCHENRY
PUBLIC LIBRARY DISTRICT (Library) and THE CITY OF MCHENRY (City)
for use of the storage shed located on property owned by the Library.
RECITALS
The Library and the City entered into a certain Intergovernmental
Agreement dated June 2, 1995 ("Original Agreement"), which is incorporated
herein by reference, under which the Library demised to Lease a portion of the
premises (the storage shed) commonly known as 809 N. Front Street, McHenry,
McHenry County, Illinois; and
The Library and the City each agree to be bound by all the terms and
conditions contained in the Original Intergovernmental Agreement between the
parties, except as amended herein. Any further extension of this lease will be the
subject of separate negotiations between the parties; and
The Renewal of the Original Agreement expired in its own terms on June
2, 2005 and the Agreement to renew the Original Agreement will expire by its
own terms on June 2, 2006; and
The Library and the City desire to amend the Original Agreement to
extend the term of the Intergovernmental Agreement and retain the terms stated in
that Original Agreement during this extension; and
It is intended by this Agreement to renew the terms of the Original
Agreement;
Now, therefore, in consideration of the premises, and of the covenants and
agreements undertaken to be kept and performed by and between the parties under
the terms of this Original Agreement, it is now agreed as follows:
1• The term of the Intergovernmental Agreement is hereby
extended for a period of one (1) year, commencing on the
last day of the term of the Agreement to renew the
Intergovernmental Agreement and expiring on the 2nd day
of June, 2007, unless the Intergovernmental Agreement
shall sooner expire as provided by its own terms.
2. Except as specifically amended, all other terms, covenants
and conditions of the Original Agreement are to remain in
full force and effect and are hereby ratified and confirmed.
IN WITNESS WHEREOF, the parties have executed this Agreement at
809 N. Front Street, McHenry, Illinois, the day and year first above written.
MCHENRY PUBLIC LIBRARY DISTRICT
By:
Debra Gust
President, Board of Library Trustees
CITY OF MCHENRY
By:
Susan E. Low
Mayor
Y
a 2
- 1 a
May lo, 1995 16:28 pm
MCHENRYX INTERGOV.LIB
INTERGOVERNMENTAL AGREEMENT
BETWEEN
CITY OF McHENRy
AND
MdEMY LIBRARY DISTRICT
THIS AGREEMENT (,,Agreement?,) is made and entered
into this
a � day of 0 U N E , 1995, by and between c'
Illinois, a unit of local government ("City")
McHenry,
°f
( Y�� l) and the McHenry
Library District, a municipal corporation ("Library,,) . All parties
to this agreement are sometimes collectively referred to herein as
the Parties.
RECITALS
A. Article vII, Section 10 of the 1970 .Constitution of the
State of Illinois authorizes units of local government to contract -
with other units of local government to obtain or share services in
any manner not prohibited by law; and
B. The City of McHenry is a unit of local government; and.
C. The Library is another unit of local government, and an
agreement between said Library and the City to provide all or any
of the hereafter specified services is not prohibited by law; and
D. The City, through its Mayor and. Alderman, find that it is
in the best interest of the citizens of the. City that the City
enter into this Agreement with the Library for the use, occupancy,
and maintenance of a storage shed ("Shed") located on property
owned by the Library; and
E. The Library, through its President and Board of Trustees
finds . that it is in the best interest Of the citizens of the
Library District that the Library enter into an agreement with the
City for the use, - occupancy, and maintenance of the Shed located on
property owned by the Library .
NOW, THEREFORE, and in consideration . of the promises, the
mutual advantages to be derived therefrom and in consideration of
the mutual covenants herein contained, it is agreed by and between
the Parties hereto as follows:
1. Use and Occunancv of Storage Shed.
The Library shall allow the City and its employees and agents
to use and occupy the Shed located on the northwest corner of the
property owned by the Library having a common address of 809 North
Front Street, McHenry, Illinois. Such use will be for the purpose
of storing and maintaining City vehicles and equipment..
2. Maintenance of Storage Shed.
The City shall provide street sweeping services, snow plowing
and removal of snow, as needed, for the Library-s parking . lot
adjacent to the Shed. The City shall maintain the Shed at the sole
discretion of the City and at the Cityfs expense. Such maintenance
may include, but is not necessarily limited to, the repair or
improvement of the Sheds main access doorway. All improvements
made to the shed by the City shall remain with the Property after
the termination of this Agreement without any duty by the Library
to reimburse the City for the cost of same.
2
s n
3.
This Agreement shall terminate ten years from the
date of its
execution. Either party may terminate this Agreement b
(90) days Y ninety
Y written notice to the other party.
4. Public Liability T,_n�e, _
City and Library shall each maintain in effect their
public liabilit . insurance own
y providing coverage of not less than
$1, 000, 000. 00 per occurrence.
5. Amendment or Termination.
This Agreement may not be amended or terminated except b an
instrument in writinge Y
expressly referring hereto and signed by the
Parties.
6• Notice.
The notices hereunder may be personally delivered or sent by
registered or certified-' mail, return receipt requested, to the
Clerk of each party. The date of such notice shall be deemed the .
date of receipt.
7. Indemnity.
M City will protect, indemnify and save harmless Library
and Library's agents, employees, successors, assigns and
beneficiaries from and against all liabilities, obligations
claims damages,g , penalties, causes of action, judgments, costs
and expenses (including, without limitation, reasonable
attorneysf fees and expenses) imposed upon or incurred by or
asserted against Library or its agents, employees, successors,
3
ki
assigns or beneficiaries by reason of an act or Omission
the City while Occupying of
the Shed or performing its duties
under this Agreement. In case of any action, suit or
proceeding is brought against Library and/or Library's agents
and/or Library's beneficiary or beneficiaries by reason of an
such occurrence, City will, at Cit y
Y's expense, resist and
defend such action, suit or proceeding, or cause the same to
be resisted and defended by counsel approved by Library.
(ii) Library will protect, indemnify and save harml
ess City
and City's agents, employees, successors, assigns and
beneficiaries from and against all liabilities, obligations
claims, damages,g , penalties, causes of action, judgments, costs
and expenses (including, without limitation, reasonable
attorneys, fees and expenses) imposed upon or incurred by or
asserted against City or its agents, employees, successor
s,
assigns or beneficiaries by reason of an act or omission of
the Library occupying the premises at 809 N. Front Street
McHenry, Illinois, other than the Shed. In - case of any
action, suit or proceeding is brought against City and/or
city,s agents and/or City,s beneficiary or beneficiaries by
reason of any such occurrence, Library will, at Library's
expense, resist and defend such action, suit or proceedings,
or cause the same to be resisted and defended by counse---....-_—
approved by the City.
4
yi
�Y+ f
IN WITNESS WBFREIIF, the Parties hereto have signed this g is
Agreement as of the date and year first above written.
City of McHenry, McHenry Library District
a unit of loc 1 governme
a municipal corporation
Leven J. Cuda, Mayor. Bye"
hairman
ATTEST:'
B By:
Uzi! �•
con
Title.
Title ..
5