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HomeMy WebLinkAboutPacket - 07/30/2007 - City Council A G E N D A REGULAR CITY COUNCIL MEETING Monday, July 30, 2007, 7:30 PM 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Public Input Session – 10 Minute Limitation 5. Consent Agenda: A. Final pay request, Landscape Concepts Construction, Inc. for purchase and installation of parkway trees along Municipal Drive; B. Final pay request, SEC Group, Inc., historic Pearl Street bridge truss storage; C. Ordinance approving various amendments to Municipal Code Chapter 9 D. Ordinance approving various amendments to Municipal Code Chapter 10 E. Special Use/Picnic Permits F. Block Party G. July 16, 2007 City Council meeting minutes 6. Request for amendment to conditional use permit for expanded pre-school activities, St. Paul Episcopal Church, 3706 St. Paul Avenue 7. Request for sign variance, Buss Ford, 111 South Route 31 8. Conditional use permit to serve alcohol in conjunction with a restaurant, Nana’s Kitchen, 4113 W. Shamrock Lane 9. Conditional use permit to serve alcohol in conjunction with a restaurant, Café Aeon, 3918 West Main Street 10. Request for Temporary Use Permit from MDC Environmental Services, 1819 Dot Street, for Seasonal Landscape Waste Transfer Facility 11. Contract with 3D Design Studio for preliminary design of Irish Prairie Park, not to exceed $2,150 12. Contract with 3D Design Studio for design and construction of landscape renovations to the main entrance for Petersen Park not to exceed $1,000 13. Mayor – Statement and Reports 14. Committee Reports 15. Staff Reports 16. Future Agenda Items 17. Adjournment Posted and Mailed: July 25, 2007 CONSENT AGENDA The Consent Agenda for the July 30, 2007 City Council meeting consists of the following items: A. Final pay request, Landscape Concepts Construction, Inc. for purchase and installation of parkway trees along Municipal Drive; B. Final pay request, SEC Group, Inc., historic Pearl Street bridge truss storage; C. Ordinance approving various amendments to Municipal Code Chapter 9 D. Ordinance approving various amendments to Municipal Code Chapter 10 E. Special Use/Picnic Permits F. Block Party G. July 16, 2007 City Council meeting minutes Attachments C O N S E N T A G E N D A TO: Mayor and City Council FROM: Douglas K. Maxeiner, City Administrator FOR: Regular City Council Meeting RE: CONSENT AGENDA TO: Mayor and City Council FROM: Bill Hobson, Assistant City Administrator FOR: July 30, 2007, Regular City Council Meeting RE: Final Pay Request - Landscape Concepts Construction, Inc. Municipal Drive Parkway Trees On March 5 2007, the City Council approved Change Order No 3 to remove the purchase and installation of parkway trees from the original scope of work for the Municipal Drive project. By contracting the work ourselves, the total cost of the project was reduced by nearly $30,000. Subsequently, on April 23, 2007, the City Council waived bid requirements and accepted the low quote of $17,610 from Landscape Concepts Construction for the purchase and installation of parkway trees along Municipal Drive. The project is complete and Landscape Concepts Construction, Inc. has fulfilled the requirements of the contract. Recommendation: To authorize the final payment as presented on the attached invoice to Landscape Concepts Construction, Inc. in the amount of $17,610 for the purchase and installation of parkway trees along Municipal Drive. CONSENT AGENDA TO: Mayor and City Council FROM: Bill Hobson, Assistant City Administrator FOR: July 30, 2007, Regular City Council Meeting RE: Final Pay Request from SEC Group, Inc. Historic Pearl Street Bridge Truss Storage Background. The Riverwalk plan identifies the reuse of a section of the historic Pearl Street Bridge in the “historic section” of the Riverwalk (west of Green Street and east of the Route 120 bridge) to provide a pedestrian crossing from the south shoreline of Boone Creek to what is currently the McHenry Savings Bank parking lot. TC Industries and the Berry Family of Crystal Lake donated a section of the original Pearl Street Bridge back to McHenry to be used for this purpose. Staff researched different options of transporting the bridge from TC Industries to McHenry and determined that dismantling the bridge into smaller sections and storing them at the South Wastewater Treatment Plant was the most cost-effective way to get the bridge back to McHenry. On January 8, 2007, the City Council entered into an agreement with SEC Group, Inc. to provide engineering and observation for the project. Recommendation: Staff recommends final payment of the attached invoice as presented. SEC Group, Inc. fulfilled the requirements of the contract for $410 less than the approved amount of $6,400. AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas K. Maxeiner, City Administrator FOR: July 30, 2007 Regular City Council Meeting RE: Amendment to Municipal Code Chapter 4, Alcoholic Beverages Background. As the city continues to focus on d owntown redevelopment and revitalization, staff is becoming aware of the need for a classification of liquor license whereby food service is the main interest and alcohol is offered only with a meal. Analysis. To address this need, staff compared liquor license classifications offered by other communities with a downtown business district and used that information to create a new classification of liquor license for the City Council’s consideration. Attached is an ordinance creating the establishment of a Class G1 liquor license that permits the consumption of alcoholic and malt liquors at tables only and where more than fifty percent of the annual gross revenue is derived from the sale of food. At the time of renewal, holders of a Class G-1 liquor license will be required to submit proof that this standard has been met. Such as audited financial statements, corporate financial reports, tax returns, state liquor license reports, or any other information deemed acceptable by the city. The annual fee for this classification would be $700. Recommendation: Staff recommends approval of the attached ordinance amending Municipal Code Chapter 4, Section 4-6(5) creating the establishment of a Class G1 liquor license classification. AGENDA SUPPLEMENT To: Mayor and City Council From: Pete Merkel, Director of Parks & Recreation For: July 30, 2007 Regular City Council Meeting Committee Recommendation: To approve a contract with 3D Design Studio in the amount of $2,150.00 for a preliminary design plan for Irish Prairie Park. BACKGROUND Included in the annexation agreement for The Oaks of Irish Prairie subdivision is a requirement that the developer contribute $4,000 toward the creation of a conceptual design for the 4.41 acre public park within the subdivision. The developer has contacted the city and expressed an interest in beginning this process. A copy of the approved plan would be provided to the developer to assist in marketing. The city had a similar requirement in the Shamrock Farms annexation agreement. The park design was created by 3D Design Studio, Grayslake, IL in 2005. 3D Design Studio has worked with the Parks and Recreation Department on several park design and site renovation projects as follows: Park Design Playground Renovations Shamrock Farms Park Center Street Wheeler Park Fen Creekside Park Petersen Park Waterfront (Entrance) Fox Ridge Park Dog Park Preliminary Design (three sites) Jaycee Park Kiwanis Tot Lot Lakeland Park Malibu Tot Lot The Parks and Recreation Committee recommended approval of the proposal for professional design services from 3D Design Studio in an amount not to exceed $4,000 for the conceptual plan. 3D Design Studio was contacted and provided the attached proposal, which outlines the work to be completed for the design of the public park in the amount of $2,150.00. Attachment: 3D Design Proposal Parks & Recreation Committee Meeting Minutes 7/18/07 AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Joseph P. Napolitano, Community Development Director FOR: July 30, 2007, Regular City Council Meeting RE: Conditional Use Permit to Serve Alcohol in Conjunction with a Restaurant for Café Aeon at 3918 W. Main Street. Applicant: Nathan Ryan – Café Aeon ATTACHMENTS: 1. CDD Report to the Planning and Zoning Commission 2. Unapproved Planning and Zoning Commission Minutes dated 07/05/07 3. Application Packet 4. Ordinance granting a Conditional Use Permit to serve alcoholic beverages in conjunction with a restaurant at 3918 W. Main St. STAFF RECOMMENDATION: To accept the recommendation of the Planning and Zoning Commission and approve the attached ordinance granting a Conditional Use Permit to serve alcoholic beverages in conjunction with a restaurant at 3918 W. Main Street. Description of Request The applicant is requesting a Conditional Use Permit to allow the sale of alcohol in conjunction with a restaurant. The applicant currently operates a coffee house on the property, serving lunch, gourmet coffee, espresso and teas as well as smoothies, shakes, bagels, muffins, books, incense, etc. He is seeking to expand the café offerings and would like to offer alcoholic beverages to his patrons. Staff Analysis Staff has no concerns with allowing the requested Conditional Use Permit. It is not uncommon for restaurants to serve alcoholic beverages and staff has no problem with allowing this restaurant to enjoy the same privilege as other similar restaurants. However, staff is working on revisions to the liquor control ordinance and/or classifications that will require alcohol to be incidental to the business and not the primary focus. Upon submittal of the application for a license, these revisions will be recommended to the liquor control commissioner. Planning and Zoning Commission The Planning and Zoning Commission unanimously recommended approval (6-0) of the Conditional Use Permit to allow the sale of alcohol in conjunction with a restaurant. ORDINANCE NO. ___________ AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A RESTAURANT FOR CAFÉ AEON LOCATED AT 3918 W. MAIN STREET IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Nathan Ryan of Café Aeon, requesting a Conditional Use Permit to allow the sale of alcoholic beverages in conjunction with a restaurant 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 July 5, 2007, in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission unanimously recommended approval (6-0) of the requested Conditional Use Permit; 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 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 PROPERTY be granted a Conditional Use Permit to allow the sale of alcoholic beverages in conjunction with a restaurant for Café Aeon subject to the condition that the Conditional Use Permit shall expire and become null and void if the restaurant (Café Aeon) closes (defined by not being operational i.e., serving customers) for a period of three (3) continuous months. SECTION 2: In granting said Conditional Use Permit, the City Council finds that 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 , 2007 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS DAY OF , 2007 MAYOR ATTEST: CITY CLERK EXHIBIT A Legal Description of Subject Property Parcel 1: The East Half of Lot 17 as measured along the Northerly line thereof in Block 3 in the Original Plat of West McHenry, being a part of the Southwest Quarter of Section 26 and the Northwest Quarter of Section 35, 45 North Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded June 14, 1859 in Book 24 of Deeds, page 22, in McHenry County, Illinois. Parcel 2: An Easement of ingress and egress over the Easterly 3.5 feet of the Westerly 33.0 feet of Lot 17 as contained in Deed recorded July 30, 1982 as Document No. 838982.