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HomeMy WebLinkAboutMinutes - 02/06/2017 - City CouncilREGULAR MEETING February 6, 2017 Mayor Low called the regularly scheduled February 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, Chief of Police Jones, Director of Community Development Polerecky, Director of Public Works Schmitt, Director of Finance Lynch, City Attorney McArdle, City Engineer Pieper and City Clerk Jones. CITY OF MCHENRY MISSION STATEMENT Mayor Low read aloud the Mission Statement of the City of McHenry. PUBLIC INPUT SESSION No one spoke at Public Input Session. Mayor Low noted two persons signed in to speak regarding Item 8 on the Agenda. CONSENT AGENDA A. Ordinance amending Municipal Code Chapter 9, Section 9-10 (C) Video Gaming Terminals, increasing per terminal fee to $500 for each video gaming terminal or device, and $1,000 for each terminal operator per location; B. Renewal of tenant farm lease agreements with: 1. James Finch, approximately 24.5 acres located off Curran Road (PIN: 09-33-1000-033) for an annual payment of $3,014; 2. Charles Schaefer, for approximately 12 acres on Riverside Hollow Outlot A (PIN: 09-24-351-004) for an annual payment of $1,620; 3. Kevin and Georgia Bauer, for approximately a 64 acre section of the Petersen Farm property, for an annual payment of $11,008; and, 4. Charles Schaefer, for approximately 20 acres, known as the Peterson Ball Field Annex, located south of McCullom Lake Road (PIN: 09-27-228-007), for an annual payment of $3,680; Co Award of bid to Woodward Printing Services, in the amount of $17,478 for the 2017 Park & Recreation Program Brochure and City Newsletter printing services; D. Acceptance of a proposal from MG Mechanical for Boiler Replacements at South Wastewater Treatment Plan, in the amount not to exceed $37,000; E. Award of bid for Millstream Drive Sanitary Sewer Rehabilitation Project to Copenhaver Construction, in an amount not to exceed $178,214; F. Illinois Department of Transportation Resolution allocating Motor Fuel Tax funds for the purchase of rock salt in the Year 2017; G. Pay Application No. 11 to Williams Brothers Construction, in the amount of $1,644,166.81, for Wastewater Treatment Plant Improvements; H. Requests for Park Facilities Special Use and Beer/Wine Permits; I. November 1, 2016 City Council meeting minutes; and 1. Approval of Payment of Bills, in the amount of $653,119.99. Mayor Low stated that Item A would be pulled from the Consent Agenda and voted on as a separate item. City Administrator Morefield noted that in Item A the Ordinance requires a revision to address the fee charged to Veterans organizations per terminal, as $100. Regular Meeting Page 2 February 6, 2017 Motion by Wimmer, second by Condon, approving Item A regarding the Ordinance amending Municipal Code Chapter 9, Section 9-10 (C) Video Gaming Terminals, increasing per terminal fee to $500 for each video gaming terminal or device and $1,000 for each terminal operator per location. Fee charged to Veterans organizations will remain at $100 for each video gaming terminal or device, Voting Aye: Santi, Glab, Curry, Schaefer, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Motion by Curry, second by Schaefer, approving the Consent Agenda, Items B through J, as presented: Voting Aye: Santi, Glab, Curry, Schaefer, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MOTION TO CONSIDER (1) A REQUEST FOR A CLASS A LIQUOR LICENSE FROM C.L. QUICK STOP OF BELVIDERE, INC. D/B/A LUCKY POKER, LOCATED AT 2214 W. ROUTE 120 AND (2) AN ORDINANCE INCREASING THE NUMBER OF CLASS A LIQUOR LICENSES IN EFFECT; AND, CONDITIONED UPON APPROVAL AN ORDINANCE GRANTING A CONDITIONAL USE TO ALLOW A TAVERN AT 2214 W. ILLINOIS ROUTE 120, WITH CONDITIONS AS IDENTIFIED, INCLUDING THE REMOVAL OF THE EXISTING BILLBOARD NO LATER THAN JULY 30, 2026, AND RECORDED AGAINST THE PROPERTY City Administrator Morefield informed Council that a request has been submitted by Ms. Cindy Le, the registered agent and president of C.L. Quick Stop, Inc. City Administrator Morefield noted that Ms. Le has successfully owned and operated two similar business in Belvidere in addition to the McHenry location at 4005 Kane Avenue in the ReMax Plaza. He stated that the proposed location at 2214 W. Route 120 would be identical in operation to the tavern at the Kane Avenue location. The applicant received a Conditional Use Permit to open their first establishment, Lucky Poker, at 4005 Kane Avenue in Unit L, which has been operational for nearly one year. This item was tabled from the November 7, 2016 and January 16, 2017, City Council meetings at the request of the petitioner to provide Council with the opportunity to discuss amending the video gaming regulations in the City of McHenry. The Planning and Zoning Commission unanimously recommended approval of an application for a Conditional Use Permit to allow a tavern at 2214 W. Illinois Route 120, subject to the following conditions: • Conditional Use Permit shall expire unless it is amended or expiration is waived by the City Council if the tavern ceases operation for six consecutive months; Regular Meeting Page 3 February 6, 2017 • The fence must be repaired; weeds and property cleaned up, particularly to the north of the building, within 30-days of receiving a Conditional Use Permit approved by City Council; • A hedge row shall be planted along the south property line between the sidewalk and the parking lot to block headlights from vehicles traversing along Illinois Route 120 from patron vehicles parking along the south property line within six months of City Council approval; • A copy of the Billboard Lease shall be provided to Staff prior to City Council's consideration of the Conditional Use Permit; and Staff shall work with property owner so the lease is not renewed and no further options are exercised by the property owner; following a timeframe would be established to have the billboard structure completely removed and area on the Subject Property restored within a mutually agreed upon timeframe; and • Existing wall signage on the building and signage on freestanding sign, which is visible and refers to businesses not being operated on the Subject Property shall be removed within 30-days of City Councils approval of a Conditional Use Permit at 2214 W. Illinois Route 120. Mr. Kevin Olson addressed Council on behalf of Lucky Poker. Mr. Olson provided Council with a printed narrative of Lucky Poker's goals and objectives. Mr. Olson noted that it is Lucky Poker's intent to continue to be a friendly atmosphere for all guests, providing a full bar, excellent menu and comfortable seating. Mr. Olson informed the Council that the only condition proposed that he would be unable to comply with is the removal of the existing billboard by July 30, 2026. Motion by Wimmer, second by Condon, approving (1) a request for a -Class A Liquor License from C. L. Quick Stop of Belvidere, Inc. d/b/a Lucky Poker, located at 2214 W. Route 120 and an Ordinance increasing the number of Class A Liquor Licenses in effect; and, conditioned upon approval for a Class A Liquor License; an Ordinance granting a Conditional Use to allow a tavern at 2214 W. Illinois Route 120, with the conditions identified, including the removal of the existing billboard no later than July 30, 2026, and recorded against the property Voting Aye: Wimmer, Peterson. Voting Nay: Santi, Glab, Schaefer, Curry, Condon. Absent: None. Motion denied. Mayor Low announced that with denial of the motion regarding the Class A Liquor License it is unnecessary to entertain a motion regarding the Conditional Use. MOTION TO CONSIDER APPROVAL OF AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR AN EXPANDED SITE PLAN REVIEW IN ACCORDANCE WITH THE DOWNTOWN OVERLAY DISTRICT TO ALLOW A THEATER RESTAURANT SERVING ALCOHOL OUTDOOR Regular Meeting Page 4 February 6, 2017 SEATING AND ENTERTAINMENT, AN ANY OTHER VARIANCES REQUIRED TO DEVELOP THE PROPERTY LOCATED AT 1202 AND 1204=1208 NORTH GREEN STREET IN SUBSTANTIAL CONFORMANCE WITH THE SITE PLAN Mayor Low invited those persons signed in to speak at the Public Input Session to step forward and address the Council Mr. Steven Murgatroyd, a resident of the City of McHenry, informed Council that he was an Alderman sitting on the Council when the TIF was established. He stated he believes the proposed use of the property is a viable business that would enhance and expand the downtown business area. Mr. Murgatroyd supports the project and believes the project is a good use of the property, which benefits the taxpayers and citizens of the City of McHenry. Mr. John Smith, a resident of the City of McHenry, addressed Council stating that he supports the project and requested Council consider the project carefully and votes in favor. Mr. Don Tonyan, a resident of the City of McHenry, stated that Boone Creek Crossing LLC is excited about the renovation project. He provided a summary explaining how Boone Creek Crossing LLC intends to take the existing 3-unit building and reconfigure it for a theater and restaurant venue, moving the theater entrance to the North and the restaurant to the South and opening up public access to the Riverwalk. Mr. Tonyan opined that the project is pivotal to the revitalization of the downtown area. Director of Community Development Martin stated the redevelopment of the McHenry Theater site and building has been a priority for the City since its closing. Director Martin stated the theater serves as an anchor for the downtown because it draws people to the downtown and would assist in revitalizing not only Green Street, but also Main Street and Riverside Drive. Director Martin informed Council on January 18, 2017, the Planning and Zoning Commission unanimously recommended approval of a Conditional Use Permit for an expanded site plan review in accordance with the Downtown Overlay District to allow a theater, restaurant serving alcohol, outdoor seating and entertainment and any other variances required to develop the subject property in substantial conformance with the Site Plan submitted subject to certain conditions. Alderman Santi said he attended the Planning and Zoning Commission meeting and after the meeting had a discussion with Mr. Tonyan regarding some concerns, which have since been resolved. Alderman Santi wished Boone Creek Crossing LLC good luck with the project. Alderman Glab expressed concerns regarding the close proximity of the lagoon to the outdoor patio and whether the patio would be removed should the business close. Alderman Glab suggested that the distance should be specified in the agreement between the City and Boone Creek Crossing LLC., and that a surety bond be in place regarding removal of the patio. Alderman Glab expressed concerns regarding outdoor entertainment. Regular Meeting Page 5 February 6, 2017 Responding to an inquiry from Alderman Schaefer, Mr. Tonyan stated seating in the theater would be approximately 320 persons between the two theaters; the restaurant/bar would accommodate approximately 100 persons. Mr. Tonyan responded affirmatively regarding Alderman Schaefer's inquiry about rehabilitation of the parking area in the rear of the building. Alderman Schaefer concurred with Alderman Glab regarding his concerns about outside entertainment. Alderman Curry inquired about the time frame for the project. Mr. Tonyan stated that Boone Creek Crossing LLC is hoping to close on the property in one month and complete the project and open for business within a six month period. Alderman Curry opined that he has concerns regarding parking and concurred with Alderman Glab and Alderman Schaefer regarding outside entertainment. Alderman Wimmer opined that he supports the project. Alderman Peterson stated that he looks forward to the revitalization of the downtown area. Alderman Condon opined she is excited about the project. The residents of McHenry want a movie theater back in the City of McHenry. Ms. Kim Lowe, of Kiera's Confections and President of the Downtown Business Association addressed Council and stated the project would benefit the downtown area. Mayor Low concurred with Alderman Condon, stating that it is the most exciting downtown project that has been presented in awhile. The patio would be an amenity to property that is already owned by the City and sees no reason to have unnecessary verbiage added to the agreement. Mayor Low opined that at some point there needs to be an element of trust between the City and the developer to make the project work. Motion by Santi, second by Condon, approving the Ordinance granting a Conditional Use Permit for an expanded site plan review in accordance with the Downtown Overlay District to allow a theater, restaurant serving alcohol, outdoor seating and entertainment and any other variances required to develop the subject property in substantial conformance with the Site Plan submitted, as presented, subject to the following conditions: 1. Applicant must comply with all regulations of the McHenry County Health Department; 2. Applicant must enter into a Redevelopment Agreement with the City to address the use of Walsh Park; 3. A topographical survey of Walsh Park must be completed to delineate the floodplain and Applicant shall work with Staff to obtain any required approvals, if necessary, from the Federal Emergency Management Agency prior to any site work within Walsh Park; Regular Meeting Page 6 February 6, 2017 4. The alley to the North of the building shall remain a non -vehicular access for pedestrians only, after construction is completed; 5. No outside entertainment is permitted after 10:00 pm Monday through Thursday nights, or after 11:00 pm Friday through Sunday nights; 6. A decorative style fencing shall be utilized to enclose the proposed outdoor patio, which is transparent, less than 50% opacity and may include: PVC; Vinyl; or Wrought Iron, but not include chain link, solid wood or other fencing, which is more that 50% opacity (similar to Buddyz on the South side of Boone Lagoon); 7. The Applicant shall comply with the Downtown Design Guidelines utilizing and enhancing original building elements; and 8. In accordance with the Downtown Design Guidelines, the use of box signs, exposed neon, flashing and moving signs is prohibited. Voting Aye: Glab, Santi, Curry, Schaefer, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MOTION TO CONSIDER APPROVAL OF AN ORDINANCE GRANTING VARIANCES FROM MUNICIPAL CODE SECTION 16-24 PICNICKING AND SECTION 16-28 INTOXICATING BEVERAGES AND THE MAYOR'S EXECUTION OF A REDEVELOPMENT AND LICENSE AGREEMENT BETWEEN THE CITY OF MCHENRY AND BOONE CREEK CROSSING LLC Director of Economic Development Martin informed Council that the Redevelopment and License Agreement with Boone Creek Crossing LLC addresses the proposed use of Walsh Park, as well as consideration of a Liquor License, Fagade Improvement Grant and Tax Increment Financing incentive for public improvements, up to a maximum of $25,000. The Agreement also contemplates the City's installation of directional signage and reservation of two time -restricted on -street parking spaces as part of the proposed McHenry Theater redevelopment. Director Martin stated that an extremely critical component of the City's downtown revitalization efforts is the reopening of the former McHenry Theater. The theater has been closed for two years. The re -opening would attract people to the downtown and provide a boost to other downtown businesses. Staff is recommending a maximum tax increment financing incentive of $25,000 through the life of the TIF District, which is not extended, will expire in April 2025. The proposed TIF incentives are exclusively for public improvements dictated by state statute and from TIF increment generated solely from the theater site. Motion by Curry, second by Santi, approving an Ordinance granting Variances from Municipal Code Section 16-24 Picnicking and Section 16-28 Intoxicating Beverages of the City of McHenry Municipal Code and consideration of a Redevelopment and License Agreement Regular Meeting Page 7 February 6, 2017 between the City of McHenry and Boone Creek Crossing LLC, for the properties located at 1202 N. Green Street (Walsh Park) and 1204-1208 N. Green Street (the former McHenry Theater site), as presented. Voting Aye: Glab, Santi, Curry, Schaefer, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. TRANSMITTAL AND DISCUSSION OF THE DRAFT FISCAL YEAR 2017/1018 THROUGH FISCAL YEAR 2021/2022 CAPITAL IMPROVEMENTS PLAN City Administrator Morefield summarized to Council Fiscal Year 2017/2018 — 2021/2022 Capital Improvement Plan (CIP). He reiterated that the CIP is a 5-year document and not a budget. City Administrator Morefield stated that ultimately, funding for capital projects on an annual basis relies on a combination of available revenues generated over and above operating expenditures and the City's ability and willingness to commit cash reserves and/or fund balances. City Administration Morefield informed Council that City of McHenry did not received advanced funding for the Pearl Street/Lincoln Road Project through the McHenry County Council of Mayors. City Administrator Morefield provided Council with an updated table of recommended project based on the Project not being funded in 2017/2018 and the estimated available funding remaining in the Capital Improvement Fund balance. Following City Administrator Morefield's summary, Mayor Low reiterated that it is a presentation and not a meeting for the discussion of each detail of the CIP. A brief discussion ensued. Alderman Glab stated that he supports the additional funding that is being directed for street repairs and he believes the city's infrastructure is important. MAYOR'S STATEMENT AND REPORT Mayor Low announced she has accepted the resignation of Alderman Peterson of the 6tn Ward. The meeting on February 20, 2017, will be Alderman Peterson's last evening sitting on the Council. Mayor Low stated that it has been a pleasure serving on the Council with Alderman Peterson and wished him well. A small farewell reception would take place in the atrium of the Municipal Center following the Council meeting. Alderman Peterson thanked everyone on the Council. He stated he has enjoyed professionally and personally serving on the Council as Alderman of Ward 6. Alderman Peterson stated that he has submitted his resignation because he is marrying and moving out of Ward 6, therefore he is no longer eligible to serve. Regular Meeting Page 8 February 6, 2017 City Attorney McArdle informed when a vacancy occurs on the Council due to a resignation, the Mayor will appoint an Alderman to fill the vacancy, with Council's consent. The appointee will serve on the Council until the next election for Ward 6 in 2019. Alderman Glab, Santi, Schaefer, Curry, Wimmer and Condon all extended gratitude for Alderman Peterson's service to the community and wished him well. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS Alderman Condon informed Council that in the past she has attended the "People in Need Forum" at McHenry County College. Alderman Condon stated that a resource guide is available on line, which provides valuable information regarding the various assistance available to people in the community. ADJOURNMENT Motion by Wimmer, second by Curry, to adjourn the meeting at 8:30 pm. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 8:30 pm. - Mayo, City Clerk