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.
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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.
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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
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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
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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.
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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.
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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.
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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
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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,
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the condition requiring an $80,000 contribution for Municipal Drive is no longer required in conjunction with the use
variances.
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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
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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
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CITY CLERK
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Exhibit A
Legal Description of the SUBJECT PROPERTY
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