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HomeMy WebLinkAboutPacket - 04/16/2007 - City Council A G E N D A REGULAR CITY COUNCIL MEETING Monday, April 16, 2007, 7:30 P.M. 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Public Hearing to: 1) Comply with Bond Issuance Notification Act for Issuance of General Obligation Bonds (Alternate Revenue Source); and, 2) Approve Authorizing Ordinance for Issuance of $3.4-million in General Obligation Bonds (Alternate Revenue Source) for the purchase of 1415 Industrial Drive 5. Proclamation declaring May 1, 2007 as Veterans of Foreign Wars Loyalty Day 6. Public Input Session – 10 Minute Limitation 7. Consent Agenda: A. Lease Agreement for Riviera Marina, 3302 West Waukegan Road; B. CALEA General Order Revision; C. Amendment to Municipal Code Section 2-7, Term of Elected Officials; D. Picnic/Special Use Permits; E. Resolution declaring April 27, 2007 as Arbor Day in the City of McHenry; F. April 2, 2007 City Council Minutes; G. As Needed Checks; and H. List of Bills. 8. Use Variance to allow certain non-office uses - Gizmo Properties, 3601-3637 Municipal Drive 9. Request for temporary use of Veterans Memorial Park for the Garden Quarter Neighborhood Resource Center Family Day on Sunday, May 20, 2007 10. Request from Wonder Lake Water Ski Team for use of Petersen Park for annual Haunted Hayride in October 2007, temporary advertising signs, and waiver of all associated fees 11. Use of Petersen Historic Farm for Antique Truck/Tractor Show, live music, temporary signage, and waiver of all associated fees 12. Mayor – Statement and Reports 13. Committee Reports 14. Staff Reports 15. Future Agenda Items 16. Executive Session: Potential Litigation 17. Adjournment Posted and Mailed: April 11, 2007 CONSENT AGENDA The Consent Agenda for the April 16, 2007 City Council meeting consists of the following items: A. Lease Agreement for Riviera Marine, 3302 West Waukegan Road; B. CALEA General Order Revision; C. Amendment to Municipal Code Section 2-7, Term of Elected Officials; D. Picnic/Special Use Permits; E. Resolution declaring April 27, 2007 as Arbor Day in the City of McHenry F. April 2, 2007 City Council Minutes; G. As Needed Checks; and H. List of Bills. Attachments PROCLAMATION TO: Mayor and City Council FROM: Douglas K. Maxeiner, City Administrator FOR: April 16, 2007 Regular City Council Meeting RE: Veterans of Foreign Wars Loyalty Day Attached is a request from Commander Raymond Rigsby of the Veterans of Foreign Wars Fox River Post 4600 to proclaim May 1, 2007 as Loyalty Day. A representative from the VFW will be in attendance to receive the Proclamation from the Mayor. PROCLAMATION TO: Mayor and City Council FROM: Douglas K. Maxeiner, City Administrator FOR: April 16, 2007 Regular City Council Meeting RE: Veterans of Foreign Wars Loyalty Day AGENDA SUPPLEMENT To: Mayor and City Council From: Bill Hobson, Assistant City Administrator For: April 16, 2007 Regular City Council Meeting Re: 2007 Antique Tractor/Truck Show RECOMMENDATION: To approve a request for use of the Petersen Historic Farm for an antique tractor, truck and construction equipment show on October 13 and 14, 2007 with live music, temporary advertising signs, CSO services for traffic control, and waiver of all associated fees. Darick Franzen is requesting permission to host the third annual Antique Tractor/Truck Show at the Petersen Historic Farm. This year, Mr. Franzen intends to display trucks and construction equipment along with antique tractors. A $2.00 admission will be charged at the gate to be donated to the FISH food pantry. For this reason the applicant is requesting a waiver of all associated fees. The show is scheduled for Saturday, October 13and Sunday, October 14 from 9:00 AM to 5:00 PM. As in past events, the show will include a petting zoo, pony rides, raffle, hayride, farmers market, and a garden tractor pull on Sunday. Basic concessions will be sold, a deejay will play music and make announcements, and the McHenry Landmark Commission will setup a tent to display selected antique items from the farmstead. A new element for this year’s show is live music on Saturday. At this time the band has not been hired however the music selected would be appropriate for the event. The temporary advertising signs requested will be identical to last year. A 4’ x 8’ double-sided sign will be installed on McCullom Lake Road adjacent to the farmstead and a cube van with signage identical to the event poster will be parked at sponsor locations throughout the city. The Police Department has agreed to provide a Community Service Officer to assist with traffic control. 2 AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Bill Hobson, Assistant City Administrator FOR: April 16, 2007 Regular City Council Meeting RE: Garden Quarter Neighborhood Resource Centers “Family Day” RECOMMENDATION: To approve a request for the use of Veterans Memorial Park for the Garden Quarter Neighborhood Resource Center Family Day event on Sunday, May 20, 2007, and waiver of all associated fees. ATTACHMENT: Special Use Application – Park Facilities Meghan Sullivan, Director of the Garden Quarter Neighborhood Resource Center (GQNRC), is requesting use of Veterans Memorial Park on Sunday, May 20, 2007 from 2:00 PM to 6:00 PM to hold a Family Day event. The event will be open to residents of the Garden Quarter Apartments who are involved with the center and to interested community members such as local government officials, school personnel, resource center volunteers, and financial supporters. Approximately 150 people are expected to attend. The event will showcase Mexican style dancing performed by children from the center. The Torreros, a group who has been volunteering their time to teach children at the center to dance will also perform. A raffle will be held to raise money for the center and chips, salsa, canned soda, and popcorn will be available for purchase. In addition, organized games will be conducted and an inflatable moonwalk will be present for the enjoyment of the participants. Booths will be setup in the park to provide information on mental health services offered by the county and various community resources. The GQNRC is organizing this event to raise money and celebrate the achievements of its children who attend the center. They are a not-for-profit agency and respectfully request the waiver of all associated fees. 2 AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Bill Hobson, Assistant City Administrator FOR: April 16, 2007 Regular City Council Meeting RE: Wonder Lake Water Ski Team Request RECOMMENDATION: To approve the use of Petersen Park, temporary advertising signs, and th waiver of all associated fees for the 10 Annual Wonder Lake Ski Team Haunted Hayride on October 13, 19, 20, 26 and 27, 2007 ATTACHMENT: Letter from Wonder Lake Water Ski Show Team Organization The Wonder Lake Water Ski Team is requesting the use of Petersen Park for its annual Haunted Hayride Program to be held on the following dates: October 13, 19, 20, 26, and 27, 2007. This th is the 10 year for this event. Rides will run from 7:00 PM to 10:30 PM at which time ticket sales will cease to ensure that all rides are completed and cleanup will be underway no later than 11:00 PM. The event will include a smaller “Kiddie Matinee” family version that will run from 4:00 PM to 6:00 PM on Saturday, October 20. Games with prizes will be offered during the family matinee. The Ski Team is also requesting permission to display 4’x 4’ freestanding sandwich style advertising signs throughout the city in the month of October at the following locations: 1. 302 N. Front Street – Gerstad Property 2. Bull Valley Road & Crystal Lake Road – Northwest Corner 3. Chapel Hill Road – Liberty Trails 4. Lincoln Road – Liberty Trails 5. McCullom Lake Road & Riverside Drive – Southwest Corner 6. Petersen Park Road & McCullom Lake Road 7. R.A. Adams- Route 120 8. Ridge Road – Gerstad Property – Deerwood Lot 46 Representatives from the Wonder Lake Ski Team will be in attendance at the meeting to present their annual donation to the city and other charitable organizations on behalf of the ski team. 2 CONSENT AGENDA TO: Mayor and City Council FROM: Douglas K. Maxeiner, City Administrator FOR: April 16, 2007 Regular City Council Meeting RE: Lease Agreement for Riviera Marine, 3302 West Waukegan Road RECOMMENDATION: To authorize the Mayor’s execution of the attached lease agreement with D’s Marine Service, Inc. for Riviera Marine, 3302 West Waukegan Road for a one-year term beginning March 1, 2007 through February 29, 2008 with an option to renew for an additional period of one-year. The current lease between the City of McHenry and Jerry Danko of D’s Marine Service, Inc. for the Riviera Marina property expired on February 28, 2007. Mr. Danko has successfully operated the marina for the city since 2001. The attached agreement requires Mr. Danko to pay the city 50% of the rent received for leased slips and boat storage on the property. Approximately $61,713.05 was collected during the term of the 2006/2007 lease. Staff is proposing a change in the language of Section 1 (A) to include an option to renew for an additional period of one-year. 2 PUBLIC HEARING TO: Mayor and City Council FROM: Chris Black, Finance Director FOR: April 16, 2007 City Council Meeting RE: 1) Public Hearing to comply with the Bond Issuance Notification Act for the Issuance of General Obligation Bonds (Alternate Revenue Source); and 2) Approval of the Authorizing Ordinance for the Issuance of $3.4 million in General Obligation Bonds (Alternate Revenue Source) Background. As the City Council is aware, the city has entered into a real estate purchase agreement to acquire the property located at 1415 Industrial Drive in McHenry for the purpose of housing a public works garage. The purchase price for the property is $3.2 million. Bonds will need to be issued to pay for the purchase of the property. Several items need to be addressed prior to the city being able to issue bonds. First, a public hearing needs to be conducted announcing the city’s intent to issue bonds and for what the proceeds will be used. Conducing the public hearing is required y state statute. Second, an authorizing ordinance will need to be approved (and published) detailing the intent of the City Council. The publication of the authorizing ordinance sets in motion a 30 day clock within which the public can file petitions objecting to issuance of the bonds. The purpose of the public hearing is to provide the opportunity for the public to comment on the proposed issuance of bonds. The attached authorizing ordinance identifies that up to $3.4 million in general revenue bonds (alternate revenue source) will be used to purchase the building located at 115 Industrial Drive for the purpose of housing a public works garage for the Street and Water Divisions and evidence storage for the Police Department. The bonds will be repaid using sales taxes. Recommendation. Staff recommends the following: 1) Conduct a public hearing to comply with the Bond Issuance Notification Act (BINA) on the issuance of up to $3.4 million in General Obligation Bonds (Alternate Revenue Source) to purchase 1415 Industrial Drive; and 2) Upon closing of the public hearing, consider the Authorizing Ordinance stating the City Council’s intent to issue up to $3.4 million in General Obligation Bonds (Alternate Revenue Source) for the purchase of 1415 Industrial Drive. 2 AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Joseph P. Napolitano, Community Development Director FOR: April 16, 2007, Regular City Council Meeting RE: Ordinance Granting a Use Variance to Allow Certain Non-Office Uses in the O-1 Local Office District at 3601-3637 Municipal Drive Applicant: Gizmo Properties, LLC ATTACHMENTS: 1. CDD Report to the Planning and Zoning Commission 2. Application Packet 3. Planning and Zoning Commission Minutes dated 2/1/07 4. Letter of Objection from Mark Justen 5. Ordinance Granting a Use Variance to allow certain non-office uses in the O-1 Local Office District at 3601-3637 Municipal Drive RECOMMENDATION: To approve the attached ordinance granting a Use Variance to allow certain non-office uses in the O-1 Local Office District at 3601-3637 Municipal Drive. Description of Request The applicants have requested a Use Variance to allow certain non-office uses in the O-1 Local Office District at 3601- 3637 Municipal Drive. They are constructing a 20,000 square foot professional office building on the subject property and would like to have some flexibility in marketing the site to complementary users. The uses being requested by the applicants are as follows:  Beauty shop, barber shop and hair styling salon  Book store or book and stationary store  Donut shop  Florist shop  Graphics and drafting services  Health club  Laboratory, medical, dental, research and testing associated with each  Newspaper, magazine and tobacco shops  Office, stationary or art supply store  Orthopedic and medical appliance store (retail sales only)  Restaurants, eat-in or carry-out, but not including live entertainment, dancing or serving of alcoholic beverages, or restaurants that are drive-in establishments  Schools, commercial for music, dance business or trade 2 At the Planning and Zoning Commission hearing, the applicants’ attorney indicated that they would like to add a dry cleaning pick-up and drop-off facility (no on-site processing) to the list. Staff Analysis Staff believes that allowing some non-office uses on this property has benefits. It can provide customers with more convenience and can help to eliminate additional vehicular trips. On the downside, allowing non-office uses on an office zoned parcel can take away from existing commercially zoned properties. Vacant spaces in those developments may remain vacant for longer periods. The City has allowed use variances on two other Office-zoned properties in the City: 420 N. Front Street, zoned O-2 (Prime Commercial), and in the Liberty Square development, zoned O-1, at the southwest corner of Route 31 and Shamrock Lane. Of the two sites, 420 N. Front Street has more similarities with the subject property – they both have single buildings and were designed and built as office buildings. Liberty Square has 3 buildings in the development, one devoted solely and designed specifically as a multi-tenant retail building. Staff recognizes that additional uses will make the site more marketable and have other ancillary benefits, such as reduced vehicular traffic. However, we do not want the site to become retail-dominant. The retail uses allowed on the site should be more destination-oriented and not of an impulse nature. Therefore, it is recommended that the following uses be allowed on the site:  Beauty Shop, barber shop and hair styling salon  Coffee Shop, not to exceed 1,500 square feet and having limited hours (5:00 a.m. to 6:00 p.m.)  Florist shop  Laboratory, medical, dental, research and testing associated with each  Orthopaedic and medical appliance store (retail sales only)  Veterinarian offices (domestic animals only)  Postal Packaging  Physical and massage therapy  Eye glasses, sales and repair  Schools, commercial for music, dance, business or trade Planning and Zoning Commission The Planning and Zoning Commission recommended approval (6-1) of a Use Variance to allow the uses requested by the applicant, subject to the following conditions: 1) The applicant shall contribute $80,000 towards the cost of the Municipal Drive road improvements; and 2) Uniformity as to the color and appearance of any signs on the property. The issue of allowable signage on the site requires clarification. The City’s sign regulations allow wall and free-standing signs based on use (i.e., commercial, shopping center, office, industrial, institutional and residential). For buildings with multiple uses, Staff has always considered the principal use of a building when determining allowable signage. For example, an office use may occupy a space in a shopping center. However, allowable signage is calculated based on the shopping center use (one wall sign per tenant). Conversely, a commercial tenant located in an office building is required to comply with the office requirements for signage (one wall sign per building). The subject property will be allowed one wall sign for the entire building. One freestanding sign, not to exceed 0.5 sf per foot of lot frontage (100 sf. max) and 6’ in height will also be allowed. Staff recommends approval of the reduced list of uses with the condition that the site shall be allowed one wall sign and one freestanding sign, in accordance with the sign regulations for office uses. Signs shall be in substantial conformance and reflect the design and appearance of the building, as well as being complementary to the design, signage and overall appearance of the Municipal Center. Staff is working on a separate agreement with the applicant regarding a contribution for Municipal Drive improvements and the dedication of right-of-way for expansion to Charles Miller Road. Therefore, 2 the condition requiring an $80,000 contribution for Municipal Drive is no longer required in conjunction with the use variances. 2 ORDINANCE NO. ___________ AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW CERTAIN NON-OFFICE USES IN THE O-1 LOCAL OFFICE DISTRICT AT 3601-3637 MUNICIPAL DRIVE, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Gizmo Properties, LLC 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 February 1, 2007, 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 6-1; 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 the following uses on the property:  Beauty Shop, barber shop and hair styling salon  Coffee shop, not to exceed 1,500 gross square feet, and with hours of operation limited from 5:00 a.m. to 6:00 p.m.  Florist shop  Laboratory, medical, dental, research and testing associated with each  Orthopaedic and medical appliance store (retail sales only)  Veterinarian offices (domestic animals only)  Postal Packaging  Physical and massage therapy  Eye glasses, sales and repair  Schools, commercial for music, dance, business or trade subject to the condition that the SUBJECT PROPERTY shall be allowed one wall sign and one freestanding sign, in accordance with the sign regulations for office uses. Signs shall be in substantial conformance and reflect the design and appearance of the building, as well as being complementary to the design, signage and overall appearance of the Municipal Center. SECTION 2: In granting said Use Variance, the City Council finds that the requirements of Table 2 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. 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 , 2007 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2007 ATTEST: MAYOR 2 CITY CLERK 2 Exhibit A Legal Description of the SUBJECT PROPERTY 2