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HomeMy WebLinkAboutMinutes - 09/19/2016 - City CouncilREGULAR MEETING September 19, 2016 Mayor Low called the regularly scheduled September 19, 2016 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, Director of Community Development Polerecky, Director of Public Works Schmitt, Project Engineer Strange, Director of Finance Lynch, Chief of Police Jones, City Attorney McArdle, City Engineer Pieper and City Clerk Jones. PRESENTATION: PROCLAMATION IN HONOR OF JESSUP MANUFACTURING COMPANY IN RECOGNITION OF 60TH BUSINESS ANNIVERSARY Mayor Low read a Proclamation before Council recognizing the contributions of Jessup Manufacturing Company to the community of McHenry during their 60 years in business. Mayor Low recognized the first, second and third generations of the Jessup family in attendance, including Matriarch Gertrude Jessup. Following the reading, Mayor Low presented the Jessup family with a commemorative plaque. CITY OF MCHENRY MISSION STATEMENT Mayor Low read aloud the Mission Statement of the City of McHenry. PUBLIC INPUT SESSIO No one spoke at Public Input. CONSENT AGENDA A. Resolution designating the importance of manufacturing to our community and designating October 7, National Manufacturing Day in the City of McHenry; B. Transmittal of 1St Quarter 2016/2017 Financial Report; C. Approval of Payment of Bills, in the amount of $2,299,233.79; and D. Approval of Issuance of As Needed Checks, in the amount of $2,036,902.10. Motion by Curry, second by Santi, approving Consent Agenda, as presented. Voting Aye: Santi, Glab, Curry, Schaefer, Wimmer, Peterson, Condon Voting Nay: None Not Voting: None Abstaining: None Absent: None Motion carried. 2016, as Regular Meeting Page 2 September 19, 2016 MOTION TO ADOPT AN ORDINANCE GRANTING A 1,28' REDUCTION VARIATION IN THE REQUIRED SIDE YARD BUILDING SETBACK REQUIREMENTS FOR THE PROPERTY LOCATED AT 1503 N. RICHMOND ROAD Director of Economic Development Martin requested Council consider a 1.28' side yard building setback variance from the Zoning Ordinance to allow a home addition to the west elevation at the residence located at 1503 Richmond Road. The applicant lives on adouble-frontage lot, with Richmond Road on the east and Maple Court to the west of the property. The property requires a 6' side yard setback. Currently, the setback is 4.72' and therefore the property must comply with the current Ordinance due to the proposed expansion. The conformity with the Zoning Ordinance is being accomplished by seeking a Variance to the existing side yard setback. On August 24, 2016 the Planning and Zoning Commission unanimously recommended approval of a Variance from Article IV. Residential Districts, Table 4: Residential District Requirements, to allow a 1.28' reduction in the required side yard building setback to permit expansion of the existing home including a 260' addition in substantial conformance with the floor plan and elevation submitted as part of the application packet. Motion by Schaefer, second by Wimmer, approving the Ordinance granting a Variance from Article IV. Residential Districts, Table 4: Residential District Requirements, to allow a 1.28' reduction in the required side yard building setback to allow the expansion of the existing home including a 260' addition in substantial conformance with the floor plan and elevation submitted as part of the application packet, as presented. Voting Aye: Santi, Glab, Curry, Schaefer, Wimmer, Peterson, Condon Voting Nay: None Not Voting: None Abstaining: None Absent: None Motion carried. MOTION TO APPROVE: A. AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW A TAVERN AT 4117 SHAMROCK LANE SUBJECT TO CERTAIN CONDITIONS B. VARIANCE FROM OFF-STREET PARKING AND LOADING REQUIREMENTS FOR LOTS 1-3 OF THE LIBERTY SQUARE SHOPPING CENTER Director of Economic Development Martin informed Council a Use Variance has been requested to allow a tavern at 4117 Shamrock Lane and a Variance from off-street parking and loading requirements for Liberty Square Shopping Center. Director Martin noted the applicant Jason Newman operates three other craft beer taverns, which are located in Round Lake Heights, North Chicago and Lake Zurich. Regular Meeting Page 3 September 19, 2016 Director Martin stated the Liberty Square Shopping Center was constructed in 2002/2003 The applicant is proposing to open a craft beer tavern at 4117 Shamrock Lane, in the end cap unit on the south side of the center. The applicant Mr. Jason Newman of BeerAbility is present to respond to any inquiries from Council. Staff has been working with the applicant for the past several months to find a location in the City. The proposed use is unique and offers an opportunity to enhance the viability of the shopping center. Staff does not believe the use would negatively impact the local character of the community. Director Martin informed Council that the proposed use would include the service of alcohol upon approval of a Liquor License and, upon issuance of a Liquor License it is Mr. Newman's intent to request a Video Gaming License from the State of Illinois. Director Martin reported the Planning and Zoning Commission unanimously recommended approval of the application for a Use Variance to allow a tavern at 4117 Shamrock Lane and any other Variances required to effectuate the aforementioned request on the Subject Property, subject to the condition there is no outside service of food or alcohol or consumption of alcohol outdoors and approval of an application for a nine -space parking Variance from the off-street parking requirements for Lots 1-3 (Liberty Square Shopping Center). Responding to an inquiry from Alderman Santi, Mr. Newman informed Council that he intends to offer 120 different craft beers at his establishment. Motion by Santi, second by Curry, approving a Use Variance to allow a tavern at 4117 Shamrock Lane and any other Variances required to effectuate the aforementioned request on the Subject Property, subject to the condition there is no outside service of food or alcohol or consumption of alcohol outdoors and approval of an application for a nine -space parking Variance from the off-street parking requirements for Lots 1-3 (Liberty Square Shopping Center)., as presented. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon Voting Nay: None Not Voting: None Abstaining: None Absent: None Motion carried. MOTION TO APPROVE: A. APPLICATION FOR A CLASS A LIQUOR LICENSE FROM BEERABILITY LAKE ZURICH, LLC D/B/A BEERABILITY, LOCATED AT 4117 W. SHAMROCK LANE B. ORDINANCE INCREASING THE NUMBER OF CLASS A LIQUOR LICENSES IN EFFECT FROM 26 TO 27 City Administrator Morefield informed Council that Mr. Jason Newman, President of BeerAbility Lake Zurich, LLC, submitted an application for a Class A Liquor License to operate Regular Meeting Page 4 September 19, 2016 BeerAbility at 4117 W. Shamrock Lane in the Liberty Square retail center. The Class A License authorizes the sale of alcoholic liquors for consumption on premises and retail sale of package liquors. Mayor Low stated that she likes the idea and concept of BeerAbility. Mayor Low informed Council that Mr. Newman is conversant with the Illinois Liquor Control regulations, including new state requirements that went into effect on July 1, 2016, requiring all employees of state liquor licensed businesses to obtain BASSET certification. Mr. Newman has been fingerprinted by McHenry Police, has paid all associated fees and all required documents were submitted. Motion by Condon, second by Santi, (1) granting a Class A Liquor License, as presented, and (2) approving an Ordinance increasing the number of Class A Liquor Licenses from 26 to 27. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon Voting Nay: None Not Voting: None Abstaining: None Absent: None Motion carried. MOTION TO APPROVE: A. AN ORDINANCE GRANTING USE VARIANCE TO ALLOW A RESTAURANT SERVING ALCOHOL WITH OUTDOOR SEATING SERVICE AND CONSUMPTION LOCATED ATE 335-337 FRONT STREET AND OPERATION OF THE RESTAURANT WITH SEATING OUTDOORS PAST 10:00 PM SUBJECT TO CERTAIN CONDITIONS Be A VARIANCE FROM OFF-STREET PARKING AND LOADING REQUIREMENTS FOR THE FOUNTAIN SHOPPES OF MCHENRY Director of Economic Development Martin informed Council the applicant, Mr. Jonathan Descher, is requesting a Use Variance to allow a restaurant at 335-337 Front Street at the Fountain Shoppes Shopping Center serving alcohol with outdoor seating, service and consumption of food and alcohol outdoors and a Variance from the Off Street Parking and Loading Requirements for Fountain Shoppes of McHenry Shopping Center. Mr. Descher is proposing to open afamily-owned restaurant, Addison's Steakhouse, in 335-337 Front Street, which would consist of 2,458 square feet. The restaurant would open for business at 4:00 pm on weekdays and 11:00 am on weekends. The other uses in the center have varying hours; therefore there is opportunity for shared parking. Staff believes the proposed restaurant would provide a complimentary use for other uses in the center, which would assist those businesses. Mr. Descher's proposed use would include the service of alcohol. Upon approval of a Liquor License it is Mr. Descher's intent to request a Video Gaming License from the State of Illinois. Regular Meeting Page 5 September 19, 2016 Director Martin reported the Planning and Zoning Commission unanimously recommended approval of a Use Variance to allow a restaurant at 335-337 N. Front Street with outdoor seating, including service of food and alcohol outside as well as operating a restaurant with seating outdoors past 10:00 pm, subject to the following conditions. • Interior cameras shall be installed within 335/337 N. Front Street, which would allow employees to monitor the outdoor seating area at all times; • All other provisions of the outdoor seating ordinance shall be met; • Outdoor seating area shall maintain existing lighting and be in compliance with the City's Outdoor Lighting Ordinance; • Gate shall be installed at the entrance to the courtyard area to provide a physical separation between the parking area and courtyard area; • Outdoor seating, including tables and seats and sizes, shall be consistent with those included in the application packets; and • Approval of a 13-space parking Variance at the Fountain Shoppes Shopping Center. Alderman Condon stated she is excited to see a restaurant opening on the south side of the City. She opined the concept is creative. Alderman Glab stated he has reservations regarding serving alcohol in the outside courtyard area. He opined it is a good concept but not a good venue adding he would have difficulty supporting the project. Ms. Suzanne Cannon, owner of the Fountain Shoppes retail center took the podium and addressed Council regarding the proposed concept of the family -owned, bistro -style restaurant. She stated that in today's restaurant industry all restaurants require some type of outdoor seating to maximize their success and the proposed location with accompanying fountain provides an ideal setting. She further stated the outdoor seating would be in front of the fountain and at a distance and is hoping the Council is willing to think outside the box regarding the proposed concept. Alderman Schaefer indicated he supports the concept. Responding to Alderman Santi's inquiry, Mr. Descher stated that he plans on opening the restaurant by the end of November or early December. Motion by Condon, second by Wimmer, approving an Ordinance granting a Use Variance to allow a restaurant at 335-337 N. Front Street with outdoor seating, including service of food and alcohol outside as well as operating a restaurant with seating outdoors past 10:00 pm, as presented, subject to the following conditions: • Interior cameras shall be installed within 335-337 N. Front Street, which would allow employees to monitor the outdoor seating area at all times; Regular Meeting Page 6 September 19, 2016 • All other provisions of the outdoor seating ordinance shall be met; • Outdoor seating area shall maintain existing lighting and be in compliance with the City's Outdoor Lighting Ordinance; • Gate shall be installed at the entrance to the courtyard area to provide a physical separation between the parking area and courtyard area; • Outdoor seating, including tables and seats and sizes, shall be consistent with those included in the application packets; and • Approval of a 13-space parking Variance at the Fountain Shoppes Shopping Center. Voting Aye: Santi, Curry, Schaefer, Wimmer, Peterson, Condon Voting Nay: Glab Not Voting: None Abstaining: None Absent: None Motion carried. MOTION TO APPROVE: A. APPLICATION FOR A CLASS A LIQUOR LICENSE FROM ADDISON'S STEAKHOUSE, LOCATED AT 335=337 FRONT STREET; AND B. ORDINANCE INCREASING THE NUMBER OF CLASS A LIQUOR LICENSES BY ONE (1) City Administrator Morefield informed Council Mr. Jonathan Descher, President of Addison's Steakhouse LLC, submitted an application for a Class A Liquor License to operate Addison's Steakhouse in two currently vacant units in the Fountain Shoppes retail center. The Class A Liquor License authorized the sale of alcoholic liquors for consumption on premises and retail sale of package liquors. Addison's Steakhouse is being proposed as a family -owned and operated small-scale steakhouse with outdoor seating in the courtyard located east of the fountain to accommodate 11-tables, and a sports lounge atmosphere in the bar area. While video gaming is proposed, Mr. Descher has indicated that he remains committed to a broader context of his business plan. Mr. Descher and his family are residents of the City of McHenry. He was the former manager of the Twisted Moose on Route 31. Mr. Descher is conversant with the Illinois Liquor Control regulations, including new state requirements that went into effect on July 1, 2016, requiring all employees of state liquor licensed businesses to obtain BASSET certification. Mr. Descher has been fingerprinted by McHenry Police, has paid all associated fees and all required documents were submitted. Motion by Condon, second by Curry, (1) granting a Class A Liquor License, as presented, and (2) approving an Ordinance increasing the number of Class A Liquor Licenses by one. Regular Meeting Page 7 September 19, 2016 Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon Voting Nay: None Not Voting: None Abstaining: None Absent: None Motion carried. MOTION TO ADOPT AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A TAVERN AT 810 FRONT STREET, UNIT C Director of Economic Development Martin informed Council they are being asked to consider a Conditional Use Permit to allow a tavern at 810 Front Street, Unit C, in the City of McHenry. Mr. Suchit (Sam) Shah is proposing to operate a tavern in the unit previously occupied by Kiddy Korner in the Southgate Retail Center. Mr. Shah currently operates the Food Mart in the Southgate Retail Center. The applicant has owned and operated businesses in the City of McHenry for many years and continues to invest in the City. Staff believes the proposed tavern use is appropriate for the subject property. Staff believes the proposed project will not produce any additional adverse impacts to traffic, the environment, the neighborhood, public service and facilities or public safety and health, than would any other permitted use in the G5 Zoning District. Mr. Shah anticipates offering a wide variety of specialty beers at the proposed tavern. The proposed use will include the service of alcohol. Upon approval of a Liquor License and issuance of a local Liquor License it is Mr. Shah's intent to request a Video Gaming License from the State of Illinois. Director Martin reported on July 13, 2016, the Planning and Zoning Commission unanimous recommended approval of a Conditional Use Permit to allow a tavern at 810 Front Street, Unit C. Alderman Schaefer and Alderman Curry expressed concern regarding the limited parking in the area. Responding to an inquiry from Alderman Curry regarding whether the establishment is going to be a tavern or a video gaming establishment, Mr. Shah approached the podium and informed Council that he intends to have a tavern at the site, serving approximately 300 different beers and that he will have dart boards for leagues. Responding to Alderman Peterson's inquiry regarding the hours of operation, Mr. Shah responded 8:00 AM to midnight. Alderman Glab opined that he still has concerns regarding the video gaming issue. Motion by Glab, second by Santi, approving the Ordinance granting a Conditional Use Permit to allow a tavern at 810 Front Street, Unit C, McHenry, Illinois. Regular Meeting Page 8 September 19, 2016 Voting Aye: Voting Nay: Not Voting: Abstaining: Absent: Motion carried. Santi, Glab, Schaefer, Wimmer, Peterson, Condon Curry None None None MOTION TO APPROVE: A. AN APPLICATION FOR A CLASS A LIQUOR LICENSE FROM 3 QUEENS, INC. d/b/a 3 QUEENS, LOCATED AT 810 FRONT STREET, UNIT C B. AN ORDINANCE INCREASING THE NUMBER OF CLASS A LIQUOR LICENSES BY ONE (1) Mayor Low informed Council that Mr. Suchit (Sam) Shah, President of 3 Queens, Inc., submitted an application for a Class A Liquor License to operate a tavern with video gaming at 810 N. Front Street, Unit C. Mayor Low stated that if the Liquor License is approved an Ordinance increasing the number of Class A Liquor Licenses in effect is required. Mr. Shah is conversant with the Illinois Liquor Control regulations, including new state requirements that went into effect on July 1, 2016, requiring all employees of state liquor licensed businesses to obtain BASSET certification. Mr. Shah currently holds a Class F1 License for Sam's Liquors & Wine, located at 520 S. Route 31 and a Class F2 License for Family Food Mart, and located at 810 N. Front Street, Unit A, next door to the proposed business. Mr. Shah has been fingerprinted by McHenry Police, has paid all associated fees and all required documents were submitted. Motion by Curry, second by Santi granting a Class A Liquor License, as presented, and approving an Ordinance increasing the number of Class A Liquor Licenses by one. Voting Aye: Santi, Glab, Curry, Wimmer, Peterson, Condon. Voting Nay: Schaefer. Absent: None. Motion carried. MOTION TO APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH HR GREEN, INC., FOR DESIGN BIDDING AND CONSTRUCTION SERVICES FOR THE PUBLIC WORKS FACILITY STANDBY GENERATOR PROJECT, IN AN AMOUNT NOT TO EXCEED $44,340, AND AUTHORIZATION_ TO PUBLIC BID THE PROJECT Director of Public Works Schmitt requested Council consider a Professional Services Agreement with HR Green, Inc., for the design, bidding and construction observation for the Public Works Facility Standby Generator Project. Regular Meeting Page 9 September 19, 2016 Director Schmitt introduced Mr. Troy Strange, Public Works Project Engineer. Director Schmitt informed Council in the event of a power failure, the Public Works Facility has very limited emergency standby electrical power capabilities. Only two overhead doors on the east side of the facility are operable during an electrical power outage. The need for a standby generator for the entire building was emphasized in June 2011 when a powerful windstorm left the Public Works Facility without electrical power for several days. Additionally, the Public Works Facility currently houses an evidence room for the McHenry Police Department and has been identified as the emergency backup facility should the Municipal Center not be available due to a catastrophic event. As part of the rehabilitation of Water Treatment Plant No. 2, a larger standby generator was installed replacing the existing generator at that location. Staff proposes to utilize the generator removed from Water Treatment Plant No. 2 at the Public Works Facility. The generator relocation would require combining the two existing electrical services at the Public Works Facility into one, installation of an electrical transfer switch, and miscellaneous conduit and wire installation. Following several discussions it was determined due to the complexity of the project a detailed design plan and contract proposal documents would be required for contractors to fairly and accurately submit bid proposals in terms of scope and cost. The development of the proposal documents requires the expertise of an electrical engineer and falls outside of the scope of expertise of the City Project Engineer. The City of McHenry's City Engineer HR Green maintains the specific expertise to be able to develop the scope of services for the project and therefore, has been asked to submit a Professional Services Agreement for the project at a time and material amount not to exceed $44,340. Director Schmitt noted that once construction begins it may be possible for the City Project Engineer to provide construction management for the project. Responding to Alderman Curry's inquiry, Chad Pieper of HR Green stated the building was not designed to house a generator; the generator will be running sensitive equipment and a different electrical service has to be installed in order for the equipment to run properly. Motion by Wimmer, second by Schaefer, approving the Professional Services Agreement with HR Green, Inc., for the Public Works Facility Standby Generator Project, in an amount not to exceed $44,340, and authorization to publicly bid the Public Works Facility Standby Generator Project, as presented. Voting Aye: Glab, Schaefer, Wimmer, Peterson, Condon Voting Nay: Santi, Curry Not Voting: None Abstaining: None Absent: None Motion carried. Regular Meeting Page 10 September 19, 2016 MAYOR'S STATEMENT AND REPORT Mayor Low informed the Council there are still two more band concerts on the schedule on Thursday evenings in Veterans Memorial Park thanks to the sponsorship of an additional six concerts by the Farmers Market members. COMMITTEE REPORTS Alderman Schaefer announced the Public Works Committee will meet on Monday, October 3, 2016 at 5:30 pm, prior to the Council meeting. STAFF REPORTS None. FUTURE AGENDA ITEMS Alderman Condon encouraged the Council and Staff to attend the conference on heroin that is being held at MCC on Thursday, September 22, 2016. ADJOURNMENT Motion by Peterson, seconded by Condon, to adjourn the meeting at 8:07 pm. Voting Aye: Voting Nay: Not Voting: Abstaining: Absent: Motion carried. Mayor Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon None None None None The meeting was adjourned at 8:07 pm.