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HomeMy WebLinkAboutPacket - 10/18/2004 - City Council A G E N D A REGULAR CITY COUNCIL MEETING Monday, October 18, 2004, 7:30 P.M. 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Proclamation: Illinois Commission on Volunteerism & Community Service – Make a Difference Day, Saturday, October 23, 2004 5. Proclamation: Snug Hugs for Kids, November 1 - December 8, 2004 6. Public Input Session – 10 Minute Limitation 7. Consent Agenda: A. Ordinance authorizing expansion of existing conditional use permit for 1901 N Richmond Road; B. Ordinance granting conditional use permit for outdoor storage for Lot 56 in the Inland Business Park; C. Ordinance granting setback variances for property located at 4650 West Elm Street; D. Purchase of Bull Rock Salt from State of Illinois Joint Purchasing Program not to exceed $74,536; E. Request to Advertise for Bids – Traffic Signal/Roadway Lighting for Ridgeview Drive/Bull Valley Road Intersection; F. City Council Meeting Minutes: October 4, 2004; and G. List of Bills. 8. Annual Toys for Tots Parade/Downtown Christmas Walk 9. Request for fence variance at 3803 Waukegan Road 10. Supplemental Groundwater Protection Ordinance 11. Proposed 2004 Tax Levy 12. Mayor – Statement and Reports 13. Committee Reports 14. Staff Reports 15. Future Agenda Items 16. Adjournment Posted and Mailed: October 13, 2004 CONSENT AGENDA The Consent Agenda for the October 18, 2004 City Council meeting consists of the following items: A. Ordinance authorizing expansion of existing conditional use permit for 1901 N Richmond Road; B. Ordinance granting conditional use permit for outdoor storage for Lot 56 in the Inland Business Park; C. Ordinance granting setback variances for property located at 4650 West Elm Street; D. Purchase of Bull Rock Salt from State of Illinois Joint Purchasing Program not to exceed $74,536; E. Request to Advertise for Bids – Traffic Signal/Roadway Lighting for Ridgeview Drive/Bull Valley Road Intersection; F. City Council Meeting Minutes: October 4, 2004; and G. List of Bills. Attachments CONSENT AGENDA TO: Mayor and City Council FROM: Daniel J. Marcinko, Director of Public Works FOR: November 18, 2004 Regular City Council Meeting RE: Bulk Rock Salt Purchase ATTACHMENTS: State of Illinois – Joint Purchasing Requisition RECOMMENDATION: Approve the purchase of 2,200 Tons of Rock Salt from the State of Illinois Joint Purchasing Program in an amount not to exceed $74,536.00 Background Annually, the City purchases rock salt for ice control through a contract bid by the Department of Central Management Services of the State of Illinois. The city is asked to provide an estimate on the tonnage needed for the coming year. The contract price is then valid for the city to purchase salt in this amount. The estimate submitted to the state for 2004-05 is 2,200 tons. The city will need to issue a blanket purchase order for the release of rock salt from the contract on an as-needed basis. The state has informed the city that the contract price for this year is $33.00 per ton. Consequently, the city will need to issue a blanket purchase order for 2,200 tons of rock salt in an amount not to exceed $74,536.00 for snow and ice control. The 2004-05 budget includes $75,000 in the MFT Fund for this item. Recommendation Staff requests authorization to issue a blanket purchase order to the State of Illinois for 2,200 tons of rock salt in an amount not to exceed $74,536.00. CONSENT AGENDA TO: Mayor and City Council FROM: Daniel J. Marcinko, Director of Public Works FOR: October 18, 2004 Regular City Council Meeting RE: Ridgeview Drive/Bull Valley Road Traffic Signal ATTACHMENTS: Location Map RECOMMENDATION: Authorization to advertise for bids for the Traffic Signal and Roadway Lighting at the intersection of Ridgeview Drive and Bull Valley Road. Background. At the August 16, 2004 Regular City Council Meeting the Council approved the City Engineer’s proposal for the Preparation of Contract Plans and Specifications for the Traffic Signal and Roadway Lighting at the intersection of Ridgeview Drive and Bull Valley Road. The signalization and lighting improvements were initiated by the city and employees of the business park due to increased traffic volume through the intersection and delays on Ridgeview Drive. Smith Engineering Consultants, Inc. performed a warrant study and a capacity analysis using Highway Capacity Software for this intersection and concluded that the installation of a traffic signal would greatly reduce backups and delays along Ridgeview Drive without causing adverse impacts on Bull Valley Road. Analysis. Smith Engineering Consultants, Inc. is finalizing the plans, specifications and bid documents for the traffic signal and roadway lighting and staff is requesting Council’s approval to advertise for bids. The improvements include a complete signalized intersection providing emergency vehicle detection and pedestrian crossing for the bike path on the north side of Bull Valley Road. This project was included in the approved 2004/05 budget under the Capital Improvement Fund for $280,000. Recommendation. Staff seeks Council’s authorization to advertise for bids for the Traffic Signal and Roadway Lighting at the intersection of Ridgeview Drive and Bull Valley Road. CONSENT AGENDA TO: Mayor and City Council FROM: Joseph P. Napolitano, Director of Community Development FOR: October 18, 2004, Regular City Council Meeting RE: Ordinance authorizing the expansion of the existing Conditional Use Permit for an automobile service station for the property located at 1901 N. Richmond Rd. WD Partners, Applicant ATTACHMENT: Ordinance authorizing the expansion of the existing Conditional Use Permit for an automobile service station for the property located at 1901 N. Richmond Rd. STAFF RECOMMENDATION: To approve the attached Ordinance authorizing the expansion of the existing Conditional Use Permit for an automobile service station for the property located at 1901 N. Richmond Rd. Background Attached is the ordinance authorizing the expansion of the existing Conditional Use Permit for an automobile service station for the property located at 1901 N. Richmond Rd., with the condition that the property is developed in substantial accordance with the site plan, landscape plan and building elevations as submitted. The City Council unanimously th recommended approval of this at their October 4 meeting. ORDINANCE NO. AN ORDINANCE AUTHORIZING AN EXPANSION TO A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION AT 1901 N. RICHMOND ROAD IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, an application has been filed with the City by WD Partners requesting an expansion to a Conditional Use Permit approved by Ordinance O-90-568, to permit an expansion of the automobile service station at 1901 N. Richmond Rd., legally described on attached Exhibit “A”, the “SUBJECT PROPERTY”; and WHEREAS, Chapter XIV.G of the City of McHenry Zoning Ordinance provides that the City Council may approve an expansion to an existing Conditional Use Permit; and WHEREAS, the City Council finds that the approval of this expansion is consistent with the objectives of the City of McHenry Zoning Ordinance to improve and 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 is hereby granted an expansion to the Conditional Use Permit originally granted by Ordinance O-90-568 to permit the expansion of an automobile service station, subject to the condition that the SUBJECT PROPERTY be developed in substantial accordance with the Site Improvement Plan and Landscape Plan prepared by WD Partners dated 9/21/04 and the C-Store and Canopy Elevations prepared by WD Partners dated 9/2/04 and the Car Wash Elevations prepared by WD Partners dated 9/3/04, collectively (the “SITE PLAN”), attached hereto and incorporated herein as Exhibit “B”. SECTION 2: In granting the expansion of 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. 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 , 2004 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2004 MAYOR ATTEST: CITY CLERK CONSENT AGENDA TO: Mayor and City Council FROM: Joseph P. Napolitano, Director of Community Development FOR: October 18, 2004, Regular City Council Meeting RE: Ordinance granting Variances for the Front and Side Yard Building Setbacks and Lot Width for the property located at 4650 W. Elm St. Sergio Perez, Applicant ATTACHMENT: Ordinance granting Variances for the Front and Side Yard Building Setbacks and Lot Width for the property located at 4650 W. Elm St. STAFF RECOMMENDATION: To approve the attached Ordinance granting Variances for the Front and Side Yard Building Setbacks and Lot Width for the property located at 4650 W. Elm St. Background Attached is the Ordinance granting Variances for the Front and Side Yard Building Setbacks and Lot Width for the property located at 4650 W. Elm St. with the condition that the property is developed in substantial accordance with the th building elevations as submitted. The City Council unanimously recommended approval of this at their October 4 meeting. ORDINANCE NO. AN ORDINANCE GRANTING VARIANCES FOR THE FRONT AND SIDE YARD BUILDING SETBACKS AND LOT WIDTH FOR THE PROPERTY LOCATED AT 4650 W. ELM STREET, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Sergio Perez requesting Variances for the front and side yard building setbacks and lot width for the property located at 4650 W. Elm Street, 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 September 16, 2004, 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 Variances; and WHEREAS, the City Council has considered the evidence and recommendation from the Planning and Zoning Commission and finds that the approval of the requested Variances 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 is hereby granted a 15.4-foot front yard building setback Variance to allow a 9.6-foot front yard building setback and a 7.8-foot side yard building setback Variance to allow a 2.2-foot side yard building setback on the west property line with the condition that the SUBJECT PROPERTY is developed in substantial accordance with the elevations prepared by Direct Design Ltd. Architects dated 8/20/04, attached hereto and incorporated herein as Exhibit “B”. SECTION 2. That the SUBJECT PROPERTY is hereby granted a fifty (50) foot lot width Variance to allow a one-hundred fifty (150) foot lot width. SECTION 3: In granting said Variances, the City Council finds that the requirements of Table 32 of the Zoning Ordinance have been met in that: 1. Special circumstances exist that are peculiar to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district. And these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. 2. The special circumstances referenced herein relate only to the physical character of the land or building(s) for which the variance is sought, such as dimension, topography, or soil conditions. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on, therein, not to the personal, business, or financial circumstances of such owner or tenant or any other party with interest in the property. 3. The special circumstances that are the basis for the variance have not resulted from any act of the applicant or of any other party with interest in the property. 4. The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. 5. A Variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district. 6. The granting of a Variance is necessary not because it will increase the applicant’s economic return, although it may have this effect, but because without the variance the applicant will be deprived of any reasonable use or enjoyment of the property. 7. The granting of a 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. The granting of a Variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. 9. The Variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. SECTION 4: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 5: 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 6: 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 , 2004 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2004 MAYOR ATTEST: CITY CLERK CONSENT AGENDA TO: Mayor and City Council FROM: Joseph P. Napolitano, Director of Community Development FOR: October 18, 2004, Regular City Council Meeting RE: Ordinance Granting a Conditional Use Permit to allow an outdoor storage area of 21,000 square feet and to allow the outdoor storage of propane and nitrogen gas cylinders on Lot 56 in the Inland Business Park Bruce R. Ebner representing SBC, Applicant ATTACHMENT: Ordinance Granting a Conditional Use Permit to allow an outdoor storage area of 21,000 square feet and to allow the outdoor storage of propane and nitrogen gas cylinders on Lot 56 in the Inland Business Park STAFF RECOMMENDATION: To approve the attached Ordinance Granting a Conditional Use Permit to allow an outdoor storage area of 21,000 square feet and to allow the outdoor storage of propane and nitrogen gas cylinders on Lot 56 in the Inland Business Park Background Attached is the Ordinance Granting a Conditional Use Permit to allow an outdoor storage area of 21,000 square feet and to allow the outdoor storage of propane and nitrogen gas cylinders on Lot 56 in the Inland Business Park with the condition that the property is developed in substantial accordance with: the site plan, landscape plan and building th elevations. The City Council unanimously recommended approval of this at their October 4 meeting. . ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW AN OUTDOOR STORAGE AREA OF 21,000 SQUARE FEET AND TO ALLOW THE OUTDOOR STORAGE OF PROPANE AND NITROGEN GAS CYLINDERS ON LOT 56 IN THE INLAND BUSINESS PARK IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Bruce Ebner for a Conditional Use Permit to allow an outdoor storage area of 21,000 square feet and to allow the outdoor storage of propane and nitrogen gas cylinders on Lot 56 in the Inland Business Park, 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 September 2, 2004, 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 Conditional Use Permit; and WHEREAS, the City Council has considered the evidence and recommendation from the Planning and Zoning Commission and finds that the approval of the requested Conditional Use Permit 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 PROEPRTY be granted a Conditional Use Permit to allow an outdoor storage area of twenty-one (21,000) thousand square feet and to allow the outdoor storage of propane and nitrogen gas cylinders with the condition that the SUBJECT PROPERTY is developed in substantial accordance with: the site plan, landscape plan and building elevations, collectively, (the “SITE PLAN”) prepared by Teng & Associates, Inc. dated 2/6/04 and bearing a latest revision date of 8/6/04 attached hereto and incorporated herein as Exhibit “B”. SECTION 2: In granting said Conditional Use Permit, the City Council finds that the requirements of Table 31 of the Zoning Ordinance have been met in that: 7. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 8. 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; 9. 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. 10. 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; 11. 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 12. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. 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 , 2004 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2004 MAYOR ATTEST: CITY CLERK AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Joseph P. Napolitano, Director, Community Development FOR: October 18, Regular City Council Meeting RE: Variances to Install a 4-Foot High Ornamental Aluminum Fence Along Waukegan Road and Main Street, at 3803 Waukegan Road Paul Rosentreter, on behalf of Pam Riter, Owner ATTACHMENTS: 1. Letter from Paul Rosentreter 2. Location Map 3. Plat of Survey 4. Fence Illustration 5. Photos of Site STAFF RECOMMENDATION: To approve a variance to allow a 4-foot tall, ornamental aluminum fence, setback 1-foot from the sidewalk along Waukegan Road and Main Street. __________________________________________________________________________________ Background/Request A letter was received from Paul Rosentreter, Aronson Fence, Co., on behalf of Pam Riter, Owner of 3803 Waukegan Street (the Count’s House). He is requesting variances to allow the installation of a 4-foot tall, black, ornamental aluminum fence along the Waukegan Road and Main Street lot lines. Mrs. Riter’s property is a double frontage lot that has frontage on Waukegan Road and Main Street. The City’s fence regulations state that any fence abutting a street right-of-way, except split rail, must be setback 30’ from the right-of-way line and no higher than 42”. Analysis The fact that the property is a double frontage lot is considered a unique circumstance. The applicant could place the proposed fence at the required 30’ setback along both streets, but in Staff’s opinion, this would detract from the character of the area. Placing the fence along the sidewalk would provide some privacy and security for the applicant, and would be more in keeping with the character of traditional downtown areas, where wrought iron and picket fences were the norm in past years. Staff spoke with Landmark Commission Chairman Greg Lofgren, and he indicated that the Landmark Commission has no concerns with the proposed fence. AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Bill Hobson, Community Projects Coordinator FOR: October 18, 2004 Regular City Council Meeting RE: Toys for Tots Parade and Downtown Christmas Walk RECOMMENDATION: To approve the following: 1) the closure of Court Street and Park Street for approximately one hour after the conclusion of the Toys for Tots Parade; 2) requests for temporary signage; and, 3) temporary use permits for a horse and wagon ride, a petting zoo and pony rides. Attachments: October 4, 2004 DBA Letter Layout of event including parade route and horse-drawn wagon route Proposed temporary sign locations BACKGROUND: On Sunday, November 14, the McHenry Area Jaycees and the Downtown th Business Association (DBA) will be hosting their 17 annual Toys for Tots Parade and Downtown Christmas Walk at 11:00 AM. The parade route will begin on Kane Avenue and proceed north on Green Street, west on Pearl Street, north on Riverside Drive and finally east on Broad Street ending at Veteran’s Park. For approximately one hour after the conclusion of the parade, the Jaycees are asking to close both Court and Park Streets between Pearl and Broad Streets to allow for the parking of motorcycles and disbandment of the parade. A presentation of toys will be made to the Marines for local needy children on behalf of the local Harley Owner’s Group followed by an appearance by Santa Claus in the gazebo to take pictures with the children. The DBA’s Christmas Walk will be held in conjunction with the parade on Green Street and on Riverside Drive. Elements that the DBA are proposing for City Council approval are: horse and wagon rides, a petting zoo in the McHenry Saving Bank parking lot and pony rides to be held in the vacant lot on the southwest corner of Route 120 and Riverside Drive. Other attractions throughout the day include Dickensian Carolers, McHenry High School Choral Groups and Band Ensembles, Frosty the Snowman, Rudolph the Red Nosed Reindeer and two Elves. The DBA is also requesting the placement of temporary signs similar to those used to promote band concerts and craft shows. A list of sign locations is attached. Representatives from the McHenry Area Jaycees and the DBA will be attendance at the meeting. RECOMMENDATION: To approve the closure of Court and Park Streets after the parade; a temporary use permit for a horse-drawn wagon ride; a petting zoo and pony rides; and, temporary signage.