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HomeMy WebLinkAboutMinutes - 08/01/2016 - City CouncilREGULAR MEETING August 1, 2016 Mayor Low called the regularly scheduled August 1, 2016 meeting %J 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, Director of Community Development Polerecky, Director of Public Works Schmitt, Chief of Police Jones, City Attorney McArdle and City Clerk Jones. CITY OF MCHENRY MISSION STATEMENT Mayor Low read aloud the Mission Statement of the City of McHenry. PUBLIC INPUT SESSION Ms. Charlaine Tiffany of 4411 Home Avenue, McHenry, Illinois addressed Council regarding the proposed establishment of Stella's Place at 4400 West Elm Street. Ms. Tiffany informed Council that she was in possession of two full pages of signatures in opposition to another video gambling establishment. Ms. Tiffany stated there are already too many video gambling establishments in operation and that they should be limited. Ms. Tiffany implored Council to consider limitations on the video gambling establishments located in the City of McHenry. CONSENT AGENDA A. Ordinance Amending Various Sections of Municipal Code Chapter 12, Article III, Raffles; B. Award of Bid for 2016 Fall Tree Planting Program to Acres Group, for an amount not to exceed $120,600; C. Change Order in the Amount of $255.65 and Final Payment of $24,143.15, to Virgil Cook & Son for Construction of the Crystal Lake Road/Dartmoor Drive Traffic Signal Project; D. Three -Year Contract Extension with Optional Two -Year Extension, at a Cost of $7,750 Per Month with In -Pipe Technology for Wastewater Pretreatment Services; E. Illinois Department of Transportation Resolution Providing for the Retirement of Certain Municipal Indebtedness Using MFT Funds for Year 2014, in the amount of $436,760; F. Illinois Department of Transportation Resolution Providing for the Retirement of Certain Municipal Indebtedness Using MFT Funds for Years 2015, in the amount of $429,760; G. Ordinance Authorizing the Mayor's Execution of an Intergovernmental Agreement with Harvard Fire Protection District for Dispatch Services; H. Purchase of Nine (9) Police Dispatch Consoles from Watson Furniture Group for an Amount Not to Exceed $175,493.65 through the National Cooperative Purchasing Alliance; I. Temporary Use Permit for an Outdoor Tent Sale requested by The Roomplace, 2221 N. Richmond Road, on August 16 through August 22, 2016; 1, Special Event Liquor License requested by the VFW Post 4600 Men's Auxiliary for Outdoor Sales of Beer During Annual Car, Truck & Bike Show on August 13, 2016; K. Temporary Closure of a Portion of Springdale Lane in Pheasant Valley Subdivision for a Block Party on August 13, 2016, from 5:00 pm to 10:00 pm; L. Parks Special Use/Beer & Wine Permits; and M. Approval of Payment of Bills, in the amount of $843,578.69. Motion by Wimmer, second by Condon, approving Consent Agenda, as presented. Voting Aye: Santi, Glab, Curry, Schaefer, Wimmer, Peterson, Condon. Regular Meeting Page 2 August 1, 2016 Voting Nay: None. Absent: None. Motion carried. MOTION TO APPROVE AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A TAVERN AT 2816 WEST ROUTE 120 D/B/A UPROOTED RESTAURANT Director of Economic Development Martin requested Council's consideration a Conditional Use Permit to allow a tavern at 2816 W. Illinois Route 120, McHenry, Illinois. Director Martin provided Council with a background regarding several properties east of the Fox River, which were annexed in 1996 when the sewer main was extended. At that time, the property located at 2816 W. Route 120 was rezoned to C-5 (Highway Commercial District) and granted a Conditional Use Permit to allow a restaurant/bar with live entertainment and dancing with a game room; an outdoor recreational establishment with horseshoe pits and outdoor service of food and alcohol on the deck (ORD-96-776). Director Martin informed Council the property was formerly arestaurant/bar, but has been vacant for in excess of one year. The applicant, d/b/a Uprooted Restaurant, has completed a significant amount of work inside and outside the building in an effort to reopen the restaurant. While the 1996 Ordinance is still valid, it only permits the site to be utilized as a restaurant/bar, as distinct from being used solely as a bar. Having completed a significant amount of work the applicant would like to open as a tavern while completing renovations and then opening as a full service restaurant. At this time, the applicant is requesting a Conditional Use Permit to allow a tavern on the subject property, allowing all other aspects of the existing Ordinance to remain. Staff is of the opinion the proposed tavern use is an appropriate land use for the subject property and will not produce any additional adverse impacts to traffic, environment, neighborhood, public service and facilities, or public safety and health, than would any other permitted use in the C-5 Zoning District. The site has been used as a restaurant/bar for numerous years. Having the ability to operate as a tavern prior to opening as a full -service restaurant and bar will enable the proprietor/applicant to complete the renovations, which he has been working on for over a year. Director Martin noted the Planning and Zoning Commission unanimously recommended approval (7-0) of a Conditional Use Permit to allow a tavern at 2816 W. Illinois Route 120. Mayor Low informed Council that she has visited the site and a tremendous amount of work has been done. The establishment looks wonderful. Alderman Santi concurred with Mayor Low. Applicant has done an amazing job. Alderman Glab wished the applicant well. Regular Meeting Page 3 August 1, 2016 Motion by Santi, second by Condon, approving the Ordinance granting a Conditional Use Permit to allow a tavern at 2816 W. Illinois Route 120, McHenry, Illinois. No Action Taken. Responding to Alderman Curry's concerns regarding why the City is issuing a Conditional Use Permit, rather than a Temporary Use with time restrictions, Director Martin informed Council that either could be used, each has restrictions and restrictions can be imposed according to Council. Alderman Curry stated that he is not comfortable with the permanency of the Conditional Use Permit and suggested modifying the Motion to include restrictions. Mr. Dan Smith, applicant, addressed Council citing his reasoning behind the request to open the tavern while continuing work on the full -service restaurant. He assured Council he would be opening the restaurant within a 12-month period. Responding to an inquiry from Council, Director of Community Development Polerecky informed Council the City is in possession of a full set of plans for the development of the property. Alderman Condon opined that she in not concerned with the project being done in phases adding she wants the City of McHenry perceived as a community that is business oriented. Mayor Low stated that she, City Administrator Morefield, and Director of Community Development Polerecky had discussed, prior to making a determination, whether a Temporary Use or a Conditional Use was appropriate in this instance. It was determined a Conditional Use is appropriate. City Attorney McArdle informed Council that in order to amend the Motion, it must be restated, seconded and voted on. If the amended Motion is not passed then it goes back to the original Motion. Motion by Curry, second by Glab, to amend the Ordinance to include the following verbiage: "This Conditional Use shall expire one (1) year from the date of issuance, unless extended by Council." No Action Taken. Alderman Wimmer informed Council he is unable to support the suggested amendment and opined the original Motion should stand, as presented. Responding to an inquiry from Council, City Attorney McArdle stated that if Council takes no action, the Petitioner/Applicant is required to go back and begin at square one. Regular Meeting Page 4 August 1, 2016 Alderman Santi stated that he does not have an issue with Alderman Curry's suggested amendment. It would only require the applicant to come before Council again, should the restaurant not be open within the 12-month period. Mr. Smith emphatically stated that he intends to open the restaurant as he has already invested a significant amount of money in the establishment. Alderman Glab opined that Alderman Curry's amendment demonstrates the Council is being responsible. Motion by Santi, second by Curry, approving the Ordinance granting a Conditional Use Permit to allow a tavern at 2816 W. Illinois Route 120, McHenry, Illinois, with an amendment to be included in the Ordinance that the Conditional Use shall expire two (2) years from the date of issuance, unless extended by Council. Voting Aye: Voting Nay: Absent: Motion carried. Santi, Glab, Curry, Schaefer. Wimmer, Peterson, Condon. None. Motion by Santi, second by Curry, approving the Ordinance granting a Conditional Use Permit to allow a tavern at 2816 W. Illinois Route 120, McHenry, Illinois, amending the amendment, as amended. Voting Aye: Santi, Glab, Curry, Schaefer, Condon. Voting Nay: Wimmer, Peterson. Absent: None. Motion carried. MOTION TO APPROVE A SIGN VARIANCE REQUESTED BY UPROOTED RESTAURANT, 2816 W. ROUTE 120 TO UTILIZE CURRENT NON -CONFORMING SIGN FOR NO LONGER THAN ONE YEAR Director of Economic Development Martin informed Council that a sign variance has been requested to allow the current non -conforming sign, located at 2816 Illinois Route 120, at Uprooted Restaurant be utilized until the restaurant portion of the business is opened or, one year from approval, whichever is less. Director Martin reiterated to Council that the applicant recently purchased the property formerly known as Monaco's located at 2816 Route 120, McHenry, Illinois and that the applicant has performed extensive interior and exterior renovations to the property. The alterations include updated facades and new sidewalks on the exterior and an entire new bar area and bathroom facilities to the interior. Additionally, the owner has informed Staff that they would be hooking up to City water and sewer and applicant is currently working with Staff Regular Meeting Page 5 August 1, 2016 at the City, the McHenry County Department of Health and contractors to get this accomplished. The property is currently on well and septic. The current sign is a non -conforming sign due to setback and height; the applicant would like to utilize the current sign until the restaurant portion of the business opens. Staff has met with the owners of the premises to discuss a new sign location. The purpose for the variance is to allow the business to open and start receiving some income as they continue to work on the opening of the restaurant portion of the business and renovation of the building. The owners have complied with all Building Codes and Ordinances during the renovation process. Staff is confident should the sign variance be approved, it would permit the owners to concentrate their efforts on opening the restaurant more quickly which in turn would permit the owners to update the signage and meet all City Ordinances. Motion by Santi, second by Schaefer, approving the sign variance for Uprooted Restaurant, located at 2816 Illinois Route 120, McHenry, Illinois, to allow them to utilize the current non -conforming sign for a period of no more than one (1) year, at which time a new Sign Permit shall be submitted for review by the City of McHenry complying with all Building Codes and Ordinances. No Action Taken. Alderman Condon suggested that with the Conditional Use voted on to expire two (2) years from the date of issuance it only makes good sense to extend the period of time for the sign variance for two years. Motion by Condon, second by Wimmer, approving the sign variance for Uprooted Restaurant, located at 2816 Illinois Route 120, McHenry, Illinois, to allow the applicant to utilize the current non -conforming sign for a period of no more than two (2) years, at which time a new Sign Permit shall be submitted for review by the City of McHenry complying with all Building Codes and Ordinances. Voting Aye: Santi, Glab, Curry, Schaefer, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Motion by Wimmer, second by Condon, approving the motion to amend the original motion, as presented. Voting Ave: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Regular Meeting Page 6 August 1, 2016 MOTION TO APPROVE AN ORDINANCE AUTHORIZING A VARIANCE TO THE OFF STREET PARKING AND LOADING REQUIREMENTS FOR MCHENRY MARKET PLACE SHOPPING CENTER LOCATED AT 4400 WEST ELM STREET Director of Economic Development Martin informed Council that a request has been made to consider a variance from the off-street parking and loading requirements for McHenry Market Place Shopping Center to allow a Stella's Place Cafe at the premises located at 4400 W. Elm Street, Unit M, McHenry, Illinois. Director Martin stated the applicant is proposing to utilize a 2,000 square foot unit (Unit M) on the west side of the lot. The lot was formerly occupied by a dry cleaning business but has been vacant for several years. The proposed restaurant requires 25 spaces/1,000 of net floor area, or a total of 43 parking spaces. Due to the 4 space/1,000 square foot shopping center parking requirement the "M" unit was allocated seven (7) spaces as part of the overall requirement for the center, therefore, a 36 Parking Space Variance is required. Director Martin noted that Stella's currently operates a location at 1720 N. Richmond Road in the McHenry Plaza Shopping Center. Director Martin reported that at the January 21, 2016 City Council meeting, a request for a Conditional Use Permit to allow a tavern at 4400 W. Elm, Unit M, and parking variance were not approved. The proposed request under consideration is for a parking variance only and does not include a Conditional Use for a tavern, as Stella's Place is a restaurant, which is consistent with their current location in the McHenry Plaza Shopping Center. Director Martin added a restaurant requires more parking spaces than a tavern. Director Martin informed Council that during public input at the Planning and Zoning Commission meeting opposition was expressed regarding the video gaming establishment by an adjacent property owner, as well as by one of the adjacent tenants within the shopping center. The Planning and Zoning Commission unanimously recommended approval (&0) of a 3&space parking variance from the off-street parking requirements at 4400 W. Elm Street, McHenry Place Shopping Center, McHenry, Illinois with certain conditions. Alderman Condon opined that while she is agrees there appears to be an abundance of video gaming establishments the City does not regulate the type of business that may be established at a given site. Alderman Condon stated she is not a proponent of video gaming and would consider a moratorium on video gaming establishments however because the City does not have any restrictions in place, she has concerns about limiting a business use the City currently permits. Alderman Glab opined that he does not believe that reducing the parking spaces and providing a Parking Variance is conducive to improving business. Alderman Glab expressed concern regarding the number of video gaming establishments that have opened in the City of Regular Meeting Page 7 August 1, 2016 McHenry and stated he finds it difficult to support another. Alderman Schaefer, Alderman Curry, Alderman Wimmer and Alderman Peterson concurred with Alderman Glab. Motion by Condon, second by Wimmer, approving an Ordinance authorizing a Variance to the off street parking and loading requirements for McHenry Market Place Shopping Center located at 4400 West Elm Street, as presented, with the following conditions: • Commercial and recreational vehicles and/or trailers, as defined in the City's Zoning Ordinance, are prohibited from being parked, placed, stored, maintained and/or located immediately adjacent to Elm Street and/or Oak Street right-of- way, such as, but not limited to the Aaron's Rent -A -Center truck, unless prior approval is sought and obtained from the City; All dumpster enclosures in disrepair on the subject property, including but not limited to the enclosure to the west of Unit M and enclosure to the north of Alexander's Pawn Shop, shall be repaired or replaced within 60-days of the City Council's approval of the Parking Variance request; • If Stella's ceases its business operation at the subject property, the Parking Variance shall be null and void. Ceasing business operation shall be defined as permanent closure of the business for three (3) consecutive months, but shall not include an act of God, which is the proximate cause attributable to the business ceasing operation. Voting Aye: Voting Nay: Absent: Motion denied. Condon. Santi, Glab, Schaefer, Curry, Wimmer, Peterson. None. CONDITIONED UPON APPROVAL OF AGENDA ITEM NO. 9, MOTION TO APPROVE A REQUEST FOR A CLASS H LIQUOR LICENSE FROM ANGELO'S MCHENRY LLC D/6/A STELLA'S PLACE, LOCATED AT 4400 WEST ELM STREET, UNIT M, AND ORDINANCE INCREASING THE NUMBER OF CLASS H LIQUOR LICENSES IN EFFECT FROM FIVE (5) TO SIX (6) Due to denial of the preceding motion, this item was withdrawn from the Agenda. MAYOR'S STATEMENT AND REPORT Mayor low had no Statement or Reports. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS Deputy City Administrator Hobson reported the Rotary Blues, Brews and BBQ event would take place in Petersen Park from August 5 through August 7, 2016. Regular Meeting Page 8 August 1, 2016 Deputy City Administrator Hobson stated that on August 14, 2016 in Veterans Memorial Park at 5:00 pm, the City of McHenry would observe "Keep the Spirit of'45 Alive." FUTURE AGENDA ITEMS Alderman Santi requested a Committee of the Whole meeting to discuss video gaming. Mayor Low reiterated that Council had determined at an earlier date that video gaming was to be discussed at the Committee level. Mayor Low informed Council the Community Development Committee has the topic on their Agenda for the meeting scheduled on July 29, 2016. ADJOURNMENT Motion by Wimmer, seconded by Santi, to adjourn the meeting at 7:58 pm. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay. None. Absent: None. Motion carried. The meeting was adjourned at 7:58 pm. Mayor City Clerk