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HomeMy WebLinkAboutMinutes - 02/06/1991 - City CouncilREGULAR MEETING FEBRUARY 6, 1991 The Regular Meeting of the McHenry City Council was called to order by Mayor Busse on Wednesday, February 6, 1991 at 8:00 P.M. At roll call the following Aldermen were present: Bolger, Dohahue, Teta, Lieder, Smith, McClatchey, Patterson, Serritella. Absent: None. City Staff in attendance were City Attorney Narusis, Clerk Gilpin, City Administrator Peterson, Director of Public Works Batt, Chief of Police Joyce, Park Director Merkel, Building and Zoning Officer Halik. Absent: None. During the ten minute public input session, Jerry Benes of 200 W1ndrldge addressed the Council concerning the Zoning Board of Appeals recommendations that were before the Council this evening for approval. Alderman Bolger of Ward 1 addressed the Council to clarify an article which appeared in the McHenry Star News February 6, 1991. Motion by Smith, seconded by Teta, to approve the Consent Agenda a3 follows: - Approve the January 30, 1991 Regular City Council Meeting Minutes as presented; - Approve a reduction in the Letter of Credit for Burning Tree Subdivision, Unit 1, from $310.541.44 to $22,400.00; - Approve an increase in the construction warranty for Burning Tree Subdivision, Unit 1, from $47,000.00 to $57,629.00; Voting Aye: Bolger, Donahue, Lieder, Teta, Smith, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: None. Motion carried. Chief Joyce introduced a new McHenry Police Officer, Shawn Connelly, who will begin his training In the Police Training Institute on February 11, 1991 for a ten week period of time. Motion by Patterson, seconded by Donahue, to grant the request of Donald Gerstad of Deerwood Estates for a sign variation to allow the installation of two entrance signs to Deerwood Estates Subdivision with the stipulation that the signs be installed outside of the road right-of-way. Voting Aye: Bolger, Donahue, Lieder, Teta, Smith, McClatchey, Patterson, Serritella. Voting May: None. Absent: None. Motion carried. Motion by McClatchey, seconded by Lieder, to authorize the City Administrator to solicit audit proposals for 1990-91 with an alternate to provide services for the 1991-92 and 1992-93 years as well. Voting Aye: Bolger, Donahue, Lieder, Teta, Smith, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: None. Motion carried. Motion by Lieder, seconded by Patterson, to authorize the City Administrator to solicit proposals for landscape architectural services for the new Municipal Center as presented. Voting Aye: Teta, Lieder, Smith, McClatchey, Patterson, Serritella. Voting Nay: Bolger, Donahue. Absent: None. 'AQ February 6, 1991 Page 2 Motion by McClatchey, seconded by Donahue, to authorize and approve the purchase of 2500 promotional pencils at a cost of $400.00 for the City display booth at the McHenry Annual Trade Fair. Voting Aye: Bolger, Donahue, Smith, McClatchey, Patterson, Serritella. Voting Nay: Teta, Lieder. Absent: None. Motion carried. The City Clerk was instructed to investigate the possibility of obtaining scratch pads to be given away at the Trade Fair for a promotional hand-out at a cost not to exceed $300.00 Motion by Patterson, seconded by Serritella, to authorize and approve the change in the Council Meeting dates for February 20, 1991 to February 25, 1991, and for July 3, 1991 to July 10, 1991. Voting Aye: Bolger, Donahue, Lieder, Teta, Smith, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: None. Motion carried. An Ordinance was passed based upon the following recommendations of the Zoning Board of Appeals: Motion by Teta, seconded by Patterson, to concur with the recommendation of the Zoning Board of Appeals to increase the minimum lot size in the RS-2 Residential Zoning District to 10,890 square feet, and to amend Table 4 of the Zoning Ordinance to reflect that change. Voting Aye: Teta, Lieder, McClatchey, Patterson. Voting Nay: Bolger, Donahue, Smith, Serritella. Absent: None. There being a tie vote, Mayor Busse cast an "dye" vote and declared the motion carried. Motion by Patterson, seconded by Teta, to concur with the Zoning Board of Appeals recommendation that the Statement of Purposes for RS-3 Medium High Density Single Family Residential District in Section IV, Paragraph B, be changed to read as follows: "Purpose: This district is intended to provide for the appropriate zoning of land which was classified RS-3 District on September 1, 1990." Voting Aye: Bolger, Donahue, Lieder, Teta, Smith, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: None. Motion carried. Motion by Smith, seconded by Patterson, to concur with the recommendation of the Zoning Board of Appeals that the following provisions be added to Section III as Paragraph M thereof: M. Identical and Similar Use Description Listings in Different Use Groups 1. Identical Use Descriptions Listed Both as Permitted Used and as Conditional Uses. Where an identical use description is listed, both as a Conditional Use and as a Permitted Use in the same zoning district, the use shall be construed as a Conditional Use. 2. Similar Use Descriptions Listed as Permitted Uses in Different Zoning Districts or Listed as Conditional Uses in Different Zoning Districts. Where a proposed use can logically be included under similar use descriptions in different Permitted Use Groups or in different Conditional Use Groups, such use shall be construed as being included within that use description which is most i cur UU1 J V, 4711 Page 3 3. Similar Use Descriptions Listed Both as a Permitted Use and as a Conditional Use. Voting Aye Voting Nay Absent: Motion carried. Where a proposed use can be included in a use description of a Permitted Use Group in one zoning district and in a use description of a Conditional Use Group in another zoning district, such proposed use shall be construed as being included within the Conditional Use Group and exluded from the Permitted Use Group. Bolger, Donahue, Lieder, McClatchey, Serritella. None. None. Teta, Smith, Patterson, Motion by McClatchey, seconded by Smith, to concur with the Zoning Board of Appeals recommendation that the Conditional Use Approval Criteria number 6 in Table 31 of the Zoning Ordinance be changed to read as follows: "6. Other Factors. The proposed use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location." Voting Aye: Bolger, Donahue, Lieder, Teta, Smith, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: None. Motion carried. Motion by Patterson, seconded by McClatchey, to concur with the Zoning Board of Appeals recommendation that an E, Estate District zoning classification be added to Section IV B as an additional Single Family Zoning District as follows: E, Estate District Purpose: This residential land use is to provide land outside of the intensely developed portions of the City for low -density estate single family residences of not less than one acre: and: That Table 4 of the Zoning Ordinance be amended by adding thereto the requirements for the E, Estate District Zoning Classification as submitted in paragraph #7 of the subject Petition with the following changes: 1) Strike efficiency Units as a permitted dwelling unit; 2) Change Corner Side Yard Setback to 25 feet' 3) Change Interior Side Yard Setback to 10% of the lot width; 4) Add "excluding alleys" to Permitted Use Groups A. Voting Aye: Bolger, Donahue, Lieder, Teta, Smith, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: None. Motion carried. Motion by McClatchey, seconded by Teta, to concur with the Zoning Board of Appeals recommendation that a CO, Conservancey Overlay District zoning classification be added to the Zoning Ordinance as Section VI as submitted in paragraph #8 of the zoning Petition as follows: That a CO, Conservancy Overlay District zoning classification be added to the Zoning Ordinance as Section VI-1: VI-1 CO, CONSERVANCY OVERLAY DISTRICT Purpose: This is an overlay district that imposes requirements in 3dif%n to those of one or more underlying zoning districts. It is intended: 1, to control development in areas subject to flooding and high ground water levels and thereby prevent property damage in these areas and in these surroundings; February 6, 1991 Page 4 2. to protect areas of special environmental sensitivity be directing development to other portions of a site; 3, to preserve natural drainage ways for economical disposal of storm water; 4. to insure that adverse soil conditions are overcome prior to development; 5. to accomplish the forgoing objectives without economic loss to the property owner by permitting a transfer of land use intensity from the conservance area to other portions of a development site. Voting Aye: Patterson, McClatchey, Lieder, Teta. Voting Nay: Serritella, Smith, Donahue, Bolger. Absent: None. There being a tie vote, Mayor Busse cast an "aye" vote and declared the motion carried. Motion by Smith, seconded by McClatchey, to concur with the Zoning Board of Appeals recommendations as follows: A BP, Business Park District zoning classification be added to the Zoning Ordinance as Section V-1; and that sub -paragraph 9A Business Park District be approved as submitted with the following corrections/deletions: 1) Delete sub -paragraph A2, A3, A4, A5, A6. 2) Delete phrase "evident in Chicago suburbs" from sub -paragraph A8. 3) In sub -paragraph (a) delete recycling facilities as a non -permitted use; 4) Delete sub -paragraph (f). That Paragraph 9C, Development Standards be approved as follows: 1) Business Park Development Standards should be found 1n Table 8, page 141 of the Zoning Ordinance. 2) Include minimum lot area 10,000 with a footnote that minimum buildable lot size shall be 40,000 square feet. 3) Include minimum lot width of 50 feet with a footnote that minimum buildable lot width shall be 200 feet. 4) Front Yard Setback and Corner Side Yard Setback as submitted in the subject Petition (paragraph 9c, sub -paragraph IA): include footnote (b) to be consistent with Table 8, page 141 of the Zoning Ordinance. 5) Interior Side Yard Setback as submitted in the subject Petition (paragraph 9C, sub -paragraph lb); include footnote (b) to be consistent with Table 8, page 141 of the Zoning Ordinance. 6) Rear Yard Setback as submitted in the subject Petition (paragraph 9C, sub -paragraph lc); include footnote (b) to be consistent with Table 8, page 141 of the Zoning Ordinance. 7) Include Floor Area Ratio of .50. That Paragraph 9C, sub -paragraph 2, Parking Requirements, be approved as submitted in the subject Petition as follows: 2. Parking Requirements: No parking shall be permitted on any street or at any other place other than on paved parking spaces t be constructed on each lot. Off -Street Parking shall be in accordance with the provisions of Section VII of the Zoning Ordinance. That not more than 70% of the green space area shall be planted in grass; the remaining 30% shall be comprised of living organic materials; and, no more than 5% of the total landscape plan shall be comprised of non -living materials. That Paragraph N3, Landscaping, of the Petition, items (a), (b), and (d) be approved as presented with the following corrections: 1 ) in line two of the first paragraph, insert the word "Business" before Park (last paragraph on page 6 of Petition); 2) in line two of the second paragraph, delete the word "appropriate" (page 7 of the Petition). February 6, 1991 Page 5 That Paragraph #3e, Berming, page 8 presented with the exception that before "Bering" in the heading. of the Petition, be approved as the word "Parking" be inserted That Paragraph #3f, Maintenance of Landscaping, page 8 of the Petition, be approved as presented with the exception that the phrase "and liable" be inserted in line three after the word "responsible". That Paragraph 3g, Curbing, page 8 of the Petition, be approved as presented with the exception that 1) the title be modified to read "Curbing 1n Parking Areas"; 2) in line two of said paragraph the words "screening strips" be deleted and the word "perimeters" be substituted 1n their place; 3) in line four of said paragraph, insert the word "concrete" before the word "curbing". That Paragraph 3h, Uses Requiring Landscaping or Screening, pages 8 and 9 of the Petition, be approved as presented with the exception that the word "Districts" be deleted from line two and the word "Uses" substituted in its place. That Paragraph 31, Sizes of Minimum Plant Materials, page 9 of the Petition, be approved as presented except for the following: 1) the words "at planting" be added to the paragraph heading; 2) in the second line of the paragraph, the minimum caliper for Shade Tree be 3 inches; 3) item #1 (4) be deleted in its entirety. That Paragraph 3j, Street Plantings, pages 9 and 10 of the Petition, be approved as presented with the following corrections/exceptions/ insertions: 1) the heading for sub -paragraph j(2) be changed to read "Street and Highway Perimeter Boundaries"; 2) insert prior to start of sub -paragraph j(2) (i) "Where ever perimeter boundaries abut any street or highway"; 3) insert "shade tree" in sub -paragraph j(2) (ii) between "(1)" and "per"; 4) sub -paragraph j(4) be approved as presented. That Paragraph #4, Water Retention/Detention Areas, and Paragraph #5, Maintenance of Improved Sites and Condition of Improved Lots, pages 10 and 11 of the Petition be approved as presented with the exception that the phrase "semi-annually" in line four of paragraph 5 be delted and substituted with "as required by City Ordinance". That the City Attorney create a Business Park category in Table 18, Standards for Non -Exempt Signs, pages 230-233, of the Zoning Ordinance; that the City Attorney use the Office/Industrial Park guidelines (as found in Table 18 of the Zoning Ordinance) for the Business Park Zoning District. That Paragraph #7, Storage Areas, pages 11 and 12 of the Petition be approved with the following modifications: 1) Change the heading to read "Storage, Service and Maintenance Areas (Hereinafter referred to as Storage Areas):% 2) insert the word "trash" after the word "materials" in the first line of the second paragraph; 3) insert the phrase "to match adjacent building construction" after the word "wall" in line 3 of paragraph 2; 4) Delete the first sentence of paragraph 3; paragraph 3 will start with "Refuse shall not be visible..."; 5) Create paragraph 4 which shall state: "All outdoor storage tanks shall require a Conditional Use Permit". That Paragraph 8, Loading, page 12 of the Petition, be approved as presented with the exception that the last sentence "Streetside exterior docks shall be strongly discouraged" be deleted. That Paragraph #9, Architecture, pages 12 and 13 of the Petition be approved as presented with the following exceptions: 1) sub -paragraph 9(a), modify the first sentence to read "For buildings of 20,000 square feet or less"; 2) sub -paragraph 9(a), line 7, insert the phrase "facing the interior and rear yards: after the word "walls"; February 6, 1991 Page 6 3) first paragraph on page 13, insert "plain" before the phrase "concrete blocks"; 4) second paragraph on page 13, line 4, insert the phrase "facing the interior and rear yards" after the word "wall"; 5) sub -paragraph 9(b), insert the phrase "and the corner side yard" before "setback" in line 5; 6) Delete and replace sub -paragraph 9(c) as follows: Rooftop Appurtenances - Rooftop HVAC Unit and other rooftop appurtenances screening including chimneys, cooling tower, etc, shall not extend above the maximum permitted building height. "All cooling towers, mechanical equipment or appurtenances, vents, intakes or stacks or other rooftop structures, shall be screened from view on all sides of the building by a parapet wall, solid metal sight screening or similar systems designed for use as screening of these types of devices. All screening shall comply to all building and fire codes for appearance, firerating, wind load and structural integrity. All screening shall be of a material and color compatible with the materials used on the exterior of the building. The intent being that the screening system is designed so as to be an architectural component, consistent with the overall building design." That Paragraph #10, Lighting Guildelines - Objectives of Properly Designed Lighting, page 13 of the Petition, be approved as presented. That the following Zoning District classifications be added to Section IIIA of the Zoning Ordinance: E, Estate District CO, Conservancy Overlay District BP, Business Park District. That the Petition to amend the City of McHenry Zoning Ordinance be approved as amended/modified by the Zoning Board of Appeals. Voting Aye: Bolger, Donahue, Lieder, Teta, Smith, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: None. Motion carried. Motion by Patterson, seconded by Bolger, not to concur with the Zoning Board of Appeals recommendation and instead, to eliminate interior bumper stops in all zoning districts, with the exception of those that immediately abut sidewalks. Voting Aye: Bolger, Donahue, Lieder, Teta, Smith, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: None. Motion carried. Motion by Bolger, seconded by Smith, not to concur with the Zoning Board of Appeals recommendation, but to eliminate the requirement for bicycle racks in all zoning districts. Motion by Teta, seconded by Lieder, to table the motion. Voting Aye: Teta, Lieder. Voting Nay: Bolger, Donahue, Smith, McClatchey, Patterson, Serritella. Absent: None. Motion did not carry. Motion by Bolger, seconded by Patterson, to amend the original motion and require that bicycle racks be eliminated in Business Parks and Industrial Zoning Districts only. Following discussion, Alderman Patterson withdrew his second, and Alderman McClatchey seconded the motion to amend. Voting Aye: Bolger, Donahue, Teta, McClatchey. Voting Nay: Lieder, Smith, Patterson, Serritella. Absent: None. There being a tie vote, Mayor Busse cast an "aye" vote and declared the motion carried. February 6, 1991 Page 7 Voting on the original motion, as amended, which reads: To eliminate the requirement for bicycle racks in Business Parks and Industrial Zoning Districts only: Voting Aye: Bolger, Donahue, Teta, McClatchey. Voting Nay: Lieder, Smith, Patterson, Serritella. Absent: None. There being a tie vote, Mayor Busse cast an "aye" vote and declared the motion carried. At the suggestion of the Mayor and City Administrator, the question of bicycle racks in other zoning districts will be referred back to the Plan Commission for further study. Mayor Busse called for a recess at 10:03 P.M. The Meeting reconvened at 10:13 P.M. with everyone still in attendance. Discussion was held on disposition of the present City Hall building at 1111 N. Green Street. Motion by Patterson, seconded by Smith, to instruct the City Administrator to obtain two MAI appraisals for the City Hall property and to return within 30 days with the results of the appraisal and to request that appraisals be configured for the highest and best price, taking into consideration that there are three parcels of land involved. Voting Aye: Bolger, Donahue, Lieder, Teta, Smith, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: None. Motion carried. Motion by Bolger, seconded by Patterson, to approve the Mayor's recommendation to grant a liquor license transfer for The Gambler at 1232 N. Green Street from the present ownership of Robert Bitterman to a corporation run by David Kotiw and Timothy Byers, as presented. Voting Aye: Bolger, Donahue, Lieder, Teta, Smith, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: None. Motion carried. The Council was invited to attend a meeting Monday, February 11, 1991 at 9:00 A.M. at City Hall to discuss the installation and location of a radio tourer at the new McHenry Municipal Center. Motion by McClatchey, seconded by Smith, to approve the request for a fire protection alarm hook-up to the Police Alarm Board from Dura Wax Corporation of 4101 Albany Street in Tonyan Industrial Park. Voting Aye: Bolger, Donahue, Lieder, Teta, Smith, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: None. Motion carried. Motion by Patterson, seconded by Donahue, to authorize and approve payment to Century Title Company for owner's insurance for the new City Hall and construction payout reviews at a cost of $4,280.40. Voting Aye: Bolger, Donahue, Lieder, Teta, Smith, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: None. Motion carried. Aldermen McClatchey and Smith announced that a Third Ward Meeting would be held at 7:00 P.M., February 13, 1991 prior to the Regular Council Meeting. February 6, 1991 Page 8 Mayor Busse announced that Jeff Sronkosky of Legat Architects will be present at a Committee Meeting of the Whole on Monday, February 25, 1991 at 7:00 P.M. to give an update and review on the McHenry Municipal Center building project. Motion by Smith, seconded by McClatchey, to adjourn. Voting Aye: Bolger, Donahue, Lieder, Teta, Smith, McClatchey, Patterson, Serritella. Voting Nay: None. Absent: None. Motion carried. The Meeting adjourned at 11:23 P.M.