Loading...
HomeMy WebLinkAboutMinutes - 03/06/2017 - City CouncilREGULAR MEETING March 6, 2017 Mayor Low called the regularly scheduled March 6, 2017 meeting of the McHenry City Council to order at 7:00 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer, Curry, Wimmer, Peterson and Condon. Absent: None. Also in attendance: City Administrator Morefield, Deputy City Administrator Hobson, Director of Economic Development Martin, Deputy Chief of Police Birk, Director of Public Works Schmitt, Director of Community Development Polerecky, Director of Finance Lynch, City Attorney Cahill and City Clerk Jones. CITY OF MCHENRY MISSION STATEMENT Mayor Low read aloud the Mission Statement of the City of McHenry. PUBLIC INPUT SESSION Mayor Low noted that all the persons who signed in to speak at Public Input Session were in attendance to speak about Item No. 7. Mayor Low stated those individuals that wanted to address Council would be given the opportunity to speak prior to a vote being taken on the item. CONSENT AGENDA A. Award bid for 2017 Spring Tree Planting Program to Acres Group, for an amount not to exceed $57,460; B. Award bid for Public Works Facility Standby Generator Project to Associated Electrical Contractors, LLC, for an amount not to exceed $134,509; Co Accept the quote from Rollings Aquatic Solutions for treatment of McCullom Lake Eurasion Milfoil, in the amount of $14,950; D. Advertise for bids for Knox Park Softball Field Fencing & Backstop Replacement; E. Pay Application No. 12 to Williams Brothers Construction, in the amount of $2,944,241.17, for Wastewater Treatment Plant Improvements; F. Annual Kiwanis Soap Box Derby, June 10, 2017, with a June 3, 2017 Practice Run, Use of City Support Services; intermittent closure of certain portions of Waukegan and Green Streets; and waiver of associated fees; G. Temporary Use Permit for use of Petersen Park on October 12, 14, 20 and 21, 2017, for the Wonder Lake Ski Team Haunted Hayride; H. Special Event Liquor License for City Summer Concert Series in Veterans Memorial Park; I. Special Use Permit for Kelly Miller Circus for use of Petersen Park and one-time waiver of Municipal Code Chapter 16, Sec. 16-25, to allow overnight camping in Petersen Park September 18 through September 20, 2017; J. Requests for Park Facilities Special Use and Beer/Wine Permits; K. January 16, 2017 City Council meeting minutes; and L. Approval of Payment of Bills, in the amount of $505,886.47. Responding to an inquiry from Alderman Schaefer regarding whether the City received any funds back from the Wonder Lake Ski Team, Deputy City Administrator Hobson answered affirmatively, stating that the City had received in excess of $500 from the Wonder Lake Ski Team. Motion by Condon, second by Curry, approving Consent Agenda, as presented: Voting Aye: Santi, Glab, Curry, Schaefer, Wimmer, Peterson, Condon. Voting Nay: None. Regular Meeting Page 2 March 6, 2017 Absent: None. Motion carried. MOTION TO ACCEPT THE PLANNING AND ZONING COMMISSION'S RECOMMENDATION AND APPROVE AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW AN ASSEMBLY USE AND OUTDOOR SEATING AND ENTERTAINMENT FOR THE PROPERTY LOCATED AT 3315 PEARL STREET Ms. Maureen Bazan, 3317 Pearl Street, addressed Council and stated that Mr. John Smith is a well-known and respected businessman and member of the community and she and her neighbors are not opposed to the use as an indoor space, but have concerns regarding the outdoor space that would be used for entertainment and dining purposes, due to the close proximity to the residences. Ms. Bazan requested that Council consider the following should the Conditional Use be approved regarding outside usage: • Outdoor seating and dining cease at 10:00 pm; • No outdoor amplified music or amplified musicians; and • The entire outdoor area be fenced to offer privacy to the residents Ms. Cecilia Serritella, 4916 W. Shore Drive, addressed the Council. Ms. Serritella opined that residents of the community are entitled to expect privacy and a peaceful existence in their homes. She concurred with Ms. Bazan's proposed conditions. Mr. Michael Bazan, 3317 Pearl Street, addressed Council. Mr. Bazan opined that he feels the use, as proposed by Mr. Smith, would devalue his property and stated his opposition to the requested use. Ms. Cheryl Ann Wildenhain, 3317 Pearl Street, addressed the Counciland said she is a tenant at 3317 Pearl Street and leases from Ms. Bazan; and she agrees with Ms. Bazans proposed conditions. Director of Economic Development Martin informed Council that the Applicant, John Smith, of Smith's Central Garage, is petitioning for an assembly use with outdoor seating and entertainment for the property located at 3315 Pearl Street, which was formerly the site of the Hostess Thrift Shop. Following a lengthy interior and exterior renovation, the building has been completed and is ready to be utilized as a public gathering/event space. Mr. Smith is seeking an outdoor seating/entertainment area immediately west of the building. At this time the outdoor space is not finished where it could be utilized, however, Mr. Smith would like the opportunity to offer the outdoor area for use by tenants in the future and a Conditional Use Permit is required to allow an assembly use. The outdoor area is directly west of the building, encompassing approximately 1,197 square feet (15.48 feet by 77.32 feet). Director Martin informed Council that Staff believes the proposed use of the property would bring people to the downtown area and serve as a destination for people to host a public/private event. The property is currently a viable event, gathering and party space as well Regular Meeting Page 3 March 6, 2017 as a great example of the adaptive reuse of an existing older commercial space for another viable business. An important aspect of downtown revitalization is attracting people downtown and keeping them there as long as possible. He opined that the proposed use would assist in attracting people to the downtown area, that may typically not go downtown, and add value for other area businesses, which may benefit from people who may not otherwise visit downtown McHenry. Director Martin informed Council the subject property is zoned C-4, therefore no off- street parking is required by Ordinance and the request before Council is solely for the gathering space and outdoor use of the space immediately to the west of the structure. The Applicant and Staff recognize that parking within downtown areas in any community is a challenge, however, the proposed use would not create any more traffic, require any additional public services or facilities or require more parking than any other use which is permitted by right in the C4 District, including, but is not limited to restaurants, retail uses, etc. The Planning and Zoning Commission unanimously recommended approval by a vote of (4-0) for a Conditional Use Permit to allow an assembly use along with outdoor seating and entertainment with the following conditions: • Access to the outdoor seating area shall be perpetually restricted to the free flow of pedestrian traffic and generally be directly through the building with the exception of emergency access. The outdoor patio shall be completely fenced off to the general public around the perimeter, with a gate parallel to Pearl Street. Outdoor seating shall be limited to the subject property only; • The Applicant shall submit a permit for the outdoor seating area, including proposed fencing and gate, as well as ingress and egress points, prior to utilizing the outdoor area on the subject property in conjunction with any event in the building on the subject property; • The Applicant must comply with all regulations of the McHenry County Health Department, as well as the provisions of the City of McHenry Alcoholic Beverages Ordinance Mr. John Smith, the owner of the subject property stated he believes this to be a good use of the property. Mr. Smith reiterated that it is not his intent to regularly have outdoor entertainment in the outside seating area. He state that he would like to allowed the ability, aesthetically, to not be locked into only one specific style of fencing. He noted that everyone appears to be pleased with the work done on the building thus far and he expects not to deviate from that level of satisfaction regarding the fence. Mr. Smith noted that he is cognizant of his neighbor's concerns and is willing to do his best to comply with City regulations and concerns, but does not want to be overly restricted in comparison with other similar types of business in the community. Regular Meeting Page 4 March 6, 2017 Responding to an inquiry from Alderman Curry regarding capacity at the site, Director of Community Development Polerecky stated that without sprinklers the capacity is held at 100 persons, with sprinklers the capacity is 300 persons. Alderman Wimmer opined that Staff and the Planning and Zoning Commission have done an excellent job with this matter. Alderman Condon stated that she appreciates and has compassion for the residents in the vicinity, however, she recognizes that the homes are in a Commercial District. Alderman Condon requested clarification regarding the second condition proposed by the Planning and Zoning Commission. Alderman Santi stated that he would like assurance that the fence would be six (6) feet in height. He requested that the height of the fence be part of the motion. Mayor Low pointed out that there is a motion on the floor and until that motion is voted on it cannot be amended. Alderman Glab stated that he also has an issue with the height of the proposed fence and believes that in the best interests of the residents the height of the fence should be considered. Responding to an inquiry from Alderman Condon regarding the City's Ordinance addressing noise, fencing and light issues, Director Polerecky stated that in the G4 District the fence could be as high as eight (8) feet in height. Mayor Low stated that the Polish Legion of American Veterans (PLAN) is next door to a home, the entertainment is indoors and can still be heard from outside of the building, yet no complaints have been received because the homeowner realizes they reside in a Commercial District. Mr. Smith stated that he believes that the neighborhood is changing in a very positive fashion. Director of Economic Development Martin addressed Alderman Curry's inquiry regarding how the area became zoned Commercial. Director Martin stated that he believes it occurred in 1986, when residential was permitted above commercial, with the condition that if an occupant was not in residence on the first floor the zoning would then revert to commercial. Alderman Curry concurred with Alderman Santi and Alderman Glab, expressing concerns regarding the height of the fence. Alderman Glab reiterated that he was unable to support the Conditional Use if the issue of the height of the fence is outstanding. Mr. Smith stated that he has every intention to build a solid fence, five (5) to six (6) feet in height on the west side of the structure. Mr. Smith reiterated that he expects to be held to Regular Meeting Page 5 March 6, 2017 the same standard that other similar businesses in the community are held. Mr. Smith stated that Council needs to determine if they are interested in a vibrant downtown area or wish to concentrate on minutiae. Motion by Schaefer, second by Condon, approving Ordinance for a Conditional Use Permit to allow an assembly use at the property located at 3315 Pearl Street, along with outdoor seating and entertainment with the following conditions: • Access to the outdoor seating area shall be perpetually restricted to the free flow of pedestrian traffic and generally be directly through the building with the exception of emergency access. The outdoor patio shall be completely fenced off to the general public around the perimeter, with a gate parallel to Pearl Street. Outdoor seating shall be limited to the subject property only; • The Applicant shall submit a permit for the outdoor seating area, including proposed fencing and gate, as well as ingress and egress points, prior to utilizing the outdoor area on the subject property in conjunction with any event in the building on the subject property; • The Applicant must comply with all regulations of the McHenry County Health Department, as well as the provisions of the City of McHenry Alcoholic Beverages Ordinance • No outside entertainment Monday through Thursday, after 10:00 pm; • No outside entertainment Friday through Sunday, after 11:00 pm; and • The applicant will erect a solid fence along the west side of the property line. Voting Aye: Santi, Curry, Schaefer, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. MAYOR'S STATEMENT AND REPORT Mayor Low announced the following events would take place in the City of McHenry: Saturday, March 11th, the Shamrock Shuffle 5K Run/Walk, will begin at Waukegan Avenue and Green Street at 8:00 am; and Sunday, March 12th, the St. Pat's Volunteer Parade, will begin at 1:00 pm at McHenry High School East Campus. The annual St. Baldrick's Community Shave would be held on Thursday, March 16th, from 5:00 pm to 8:00 pm, at McHenry High School West Campus. COMMITTEE REPORTS Alderman Condon informed the Council that a meeting of the Community Development Committee is scheduled on Monday, March 27, 2017 at 7:00 pm in the Council Chambers. City Administrator Morefield informed Council that a Finance and Personnel Committee meeting is scheduled on Wednesday, March 22, 2017 at 5:30 pm. Regular Meeting Page 6 March 6, 2017 STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS There were no Future Agenda Items. EXECUTIVE SESSION Motion by Wimmer, second by Curry, to adjourn to Executive Session, pursuant to 5 ILCS 120/2(c)(3), relating to selection of a person to fill the existing vacancy of City Alderman, at 7:55 pm. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Motion by Wimmer, second by Curry, to return to Open Session at 8:10 pm. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council returned to Open Session at 8:11 pm. MOTION TO CONFIRM THE MAYOR'S APPOINTED DESIGNEE TO FILL THE EXISTING VACANCY OF WARD 6 CITY ALDERMAN Motion by Condon, second by Schaefer appointing the Mayor's designee, Mr. Patrick Devine, to fill the existing vacancy of Ward 6 City Alderman. Voting Aye: Santi, Curry, Schaefer, Wimmer, Peterson, Condon. Voting Nay: None. Abstain: Glab. Absent: None. Motion carried. Mayor Low congratulated Mr. Devine on his appointment and welcomed him to the City Council. Mayor Low stated that Mr. Devine's appointment would be for the two years remaining on former Alderman Peterson's term, until the election in 2019. Mayor Low announced that Mr. Devine would be sworn in as Alderman by City Clerk Jones at the next Regular City Council Meeting on March 20, 2017. Regular Meeting Page 7 March 6, 2017 ADJOURNMENT Motion by Schaefer, second by Curry, to adjourn the meeting at 8:12 pm. Voting Aye: Sant!, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 8:12 pm. ayor City Clerk