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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