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HomeMy WebLinkAboutMinutes - 06/01/2015 - City CouncilREGULAR MEETING June 1, 2015 Mayor Low called the regularly scheduled June 1, 2015 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 Finance Lynch, Director of Public Works Schmitt, Chief of Police Jones, City Attorney McArdle, City Engineer Pieper and City Clerk Jones, Absent: None. CITY OF MCHENRY MISSION STATEMENT Mayor Low read aloud the Mission Statement of the City of McHenry. PUBLIC HEARING REGARDING THE PRELIMINARY ENVIRONMENTAL IMPACTS DETERMINATION (PEID) FOR THE PROPOSED DECOMMISSIONING OF THE CITY'S CENTRAL WASTEWATER TREATMENT PLANT AND CONSOLIDATION WITH THE CITY -SOUTH WASTEWATER TREATMENT PLANT Mayor Low requested a Motion that the Public Hearing be continued to June 15, 2015. City Administrator Morefield informed Council that in connection with the proposed IEPA loan to fund the consolidation of the wastewater treatment plants, the City is to conduct a Public Hearing on the IEPA's preliminary Environmental Impacts Determination ("PEID") for the purpose of providing the public an opportunity to comment on the facilities plan to implement such consolation of the treatment plants and the IEPA's environmental determination. The public has an additional 10 days from the date of the Public Hearing for the submission of written comments to the City or to the IEPA. City Staff will provide addresses and contact information to the public if residents wish to provide written comments. City Administrator Morefield informed Council that the City is required to provide the IEPA with an accurate summary of any comments received and any amendments to the facilities plan made in response to such comments. Council is not being asked and is not required to take any action in connection with the Public Hearing. 2015. Motion by Wimmer, seconded by Condon to continue the Public Hearing until June 15, Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Regular Meeting Page 2 June 1, 2015 PUBLIC INPUT SESSION Mr. Ron Reber, 3916 West Avenue, addressed Council. Mr. Reber informed Council that he lives directly across from the Althoff Basketball Court. Mr. Reber noted that he and his neighbors, who are elderly, have already this spring been experiencing the following issues regarding the basketball court: • Parking in the front yards of the houses on the lawn; • Trash in the yards of residents; • The green screening has not been erected around the basketball court; • Playing basketball after hours; and • Neighbors are being disturbed by loud music. Mr. Reber and his neighbors are requesting a reprieve from the constant noise and disturbance. Mr. Reber requested that the City consider closing the basketball court on Saturday and Sunday. Mr. G. Terence Nader, 1213 Matanuska, addressed Council. Mr. Nader informed Council that he and his wife purchased the property located at 5116 W. Elm Street, next door to the 5114 W. Elm Street property, in 2007. Substantial time, effort and expense were invested in the property, which was used by Mrs. Nader for her law practice. Mr. Nader expressed his concern that the property might be converted for residential purposes for the following reasons: • Residential use would be disruptive to any business operating at the property and wholly inconsistent with the commercial use along Route 120; • The subject property originally was converted to apartments without a permit and without approval of the Council or the Planning and Zoning Commission in 2014; • The prior owner's variance request in 2012 was denied by the Planning and Zoning Commission because neighboring property owners objected to the residential use of the property due to children and family gatherings in the parking lot during business hours, debris, uncollected trash bags and inoperable cars parked in the lot; • Inadequate parking space for residential and business parking together; • The residential use violates the City of McHenry Comprehensive Plan. Professionals and business owners desire locations that appeal to their customers and clients. Mr. Nader stated that when he purchased the property at 5116 W. Elm Street, he complied with all the requirements necessitated by the City of McHenry for commercial real estate along Route 120. He requested that the Council consider protecting his investment by denying the applicant's request for a use variance to allow two principal land uses on one lot, one being a residential dwelling, at the property located at 5114 W. Elm Street, Mr. Nader presented Council with paperwork and photographs in support of his objections to the variance. Ms. Mary Nader, 1213 Mantanuska, addressed Council. Ms. Nader stated that she is the co-owner of the property located at 5116 W. Elm Street. She informed Council that she operated a family law practice out of the commercial building located on the property for a Regular Meeting Page 3 June 1, 2015 period of five years. Ms. Nader noted that when she started her practice at the site no residence existed at 5114 W. Elm Street. Following construction of the resident at the site, there was a change to the commercial atmosphere of the area and an unprofessional atmosphere developed for her clients, which included car washing and excessive noise from boom boxes during business hours, together with trash in the vicinity — all while she was attempting to conduct business. Ms. Nader stated that she objects to the request for a variance. Mr. Mitch Ketchum, 5110 W. Elm Street, address the Council. Mr. Ketchum stated that he is the owner of Morrie & Sons Auto, which is located east of the subject property. Mr. Ketchum stated that he opposes the variance request for the following reasons: • On a daily basis he has to request that people remove their cars from his parking lot; • On several occasions he has picked up beer cans and trash from his property. Mr. Ketchum stated that the area is zoned commercial and should stay commercial. Mr. Alfredo Cruz, 26799 N. Iride Drive, Mundelein, Ms. Marlety Maganda and Ms. Maria Elizarraga, 213 Beachview Drive, Round Lake, approached the podium and addressed Council. Ms. Elizarraga informed Council that she is a friend of Mr. Cruz. Mr. Cruz and Ms. Maganda, with Ms. Elizarraga as interpreter, stated they are good citizens and have been running a business in the front of the property for a while with no issues. Until January of 2015, the building on the property had been vacant for several years. Ms. Elizarraga stated that the front part of the building is currently occupied and utilized as a beauty shop and tax assistance service business. They feel that they have complied with all the requirements of the City of McHenry. They were told when they purchased the property that the property was commercial and residential. Ms. Elizarrago stated that Mr. Cruz and Ms. Maganda feel that the professional status of the neighboring property owners is carrying more weight in the decision of the Council. Mr. Cruz is keeping the property in good repair. Mr. Cruz admitted that parking is limited in the area. Mr. Cruz and Ms. Maganda are requesting they be treated just like everyone else. They would like to conduct their business and live at the property located at 5114 W. Elm Street. Cindy Dunkin, 3610 W. Drake, addressed the Council. Ms. Dunkin stated that she lives on the other side of the fence behind the access alley in the rear of the shopping center located at 1771 N. Richmond Road. Ms. Dunkin informed Council that she and her husband have concerns regarding noise, but are mainly concerned about the fence, which is in a constant state of disrepair. On numerous occasions during the last year she has been assured that the fence would be repaired, however only temporary repairs have been made. Ms. Dunkin stated there have been incidents where employees of the strip mall have thrown food, trash and cigarette butts toward the fence. Ms. Dunkin requested that Council address the matter of repairing the fence adequately to separate the residences in the area from the strip mall. Regular Meeting Page 4 June 1, 2015 Mr. Robert Fetzner, 5116 W. Elm Street, addressed the Council. Mr. Fetzner stated that he is the tenant at 5116 W. Elm Street where he currently has a law practice. Mr. Fetzner voiced his opposition to the variance. Mr. Fetzner informed Council that he was present at the site when the former tenant rented the property located at 5114 W. Elm Street. Some of the issues he encountered while attempting to conduct business were: • Barbeques; • Beer cans; and, • Football in the shared driveway. Mr. Fetzner opined that the area is zoned commercial and he is requesting it remains commercial. PRESENTATION OF PROCLAMATION TO THE MCHENRY GARDEN CLUB DECLARING DUNE 7 THROUGH JUNE 13 AS NATIONAL GARDEN WEEK IN THE CITY OF MCHENRY Mayor Low read aloud the Proclamation regarding McHenry Garden Club proclaiming the week of June 7 through 13, 2015, as National Garden Week in the City of McHenry. CONSENT AGENDA A. Approval of Mayor's recommendation to accept the application submitted by City resident, Donald Meyer, requesting appointment to the Planning and Zoning Commission; effective July 1, 2015; B. Approval to purchase Aquatech B10-1500, installed on 2016 Freightliner Chassis, from Hi -Vac Corporation through the National Joint Powers Alliance Equipment Contract, for an amount not to exceed $359,479.00; C. Approval of a Resolution authorizing the Mayor's execution of an Intergovernmental Agreement for participation I the McHenry County Major Investigation Assistance Team (MIAT); D. Approval of Special Event Liquor License for Nicolino's Belmont Stakes Celebration, located at 621 Ridgeview Drive, on June 6, 2015; E. Approval of a Special Event Liquor License for McHenry Baseball Association Annual Family Picnic Day Fundraiser at the McHenry VFW Post 4600, located at 3002 W. Route 120, on June 6, 2015; F. Approval of Parks Special Use/Picnic Permits; and G. Approval of List of Bills. Responding to Alderman Curry's inquiry regarding whether Staff had looked into leasing the Aquatech equipment rather than purchasing the equipment for a cost comparison, Director of Public Works Schmitt responded no. Motion by Wimmer, seconded by Curry, to approve the Consent Agenda, as presented. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. PRESENTATION BY THE MEMBERS OF THE MCHENRY POLICE DEPARTMENT ON EMERGENCY DISPATCH SERVICES AND DIRECTION FROM THE COUNCIL TO MOVE FORWARD WITH THE DEVELOPMENT OF AN INTERGOVERNMENTAL AGREEMENT FOR JOINT DISPATCH SERVICES Regular Meeting Page 5 June 1, 2015 WITH THE MCHENRY TOWNSHIP FIRE PROTECTION DISTRICT TO BE PRESENTED FOR CONSIDERATION AT A FUTURE COUNCIL MEETING Chief of Police Jones informed Council that currently the McHenry Police Department dispatches for: • McHenry Police Department; • McHenry Township Fire Protection District; • Johnsburg Police Department; • McCollum Lake Police Department; • Marengo Fire; • Marengo Rescue; and • Union Fire. Chief Jones stated this is accomplished with nine full time dispatchers and five part time dispatchers, all working at three work stations through twelve hour shifts. The- McHenry Police Department (MPD) and McHenry Fire Township Fire Protection District (MTFPD) have discussed, over a period of time, the potential for enhancing and consolidating call services to be more cost and time effective for both organizations. Additionally, at the State level, there is legislation pending that would eventually require the consolidation of local dispatch services. As such, the MPD and MTFPD believe that the timing is right to proactively pursue enhancement of the existing dispatching relationship. Chief Jones informed Council that the MPD operates one of the six dispatch centers, or Public Safety Answering Points (PSAP) in McHenry, County. The volume of calls handled has reached a point where it is necessary that we look at increasing the number of full time dispatchers that work at the center at all times, assuring that responses to called for service are handled promptly and professionally. While planning to address this work load, the MTFPD has expressed a desire to partner with the City of McHenry in order to expand the center to meet the needs of the community. Additionally, the partnership would create a reclassification of workload whereby the center would be able to have dispatchers dedicated to specific areas of expertise. This would include a call taker screening the calls, a police dispatcher who would handle police calls for service and a fire dispatcher who would handle any fire related emergency calls from start to finish, assuring that needs are fully met. This is not possible under the existing circumstances. Further driving the need for the expansion is Illinois Senate Bill 96. If passed, Bill 96 mandates that counties with a population of more than 250,000 people, such as McHenry County, reduce its PSAPs by fifty percent, by July 1, 2017. For the City of McHenry, it has been determined that it is in our best financial interest if our center is maintained as we are able to offset a large portion of the operational costs with revenue derived from dispatching for other communities. This is distinct from the City of McHenry having to pay a fee to another agency for dispatch service. It also allows control and oversight into the quality of dispatch services offered to the community. Regular Meeting Page 6 June 1, 2015 Intergovernmental collaboration with the MTFPD would allow the MPD to meet a number of needs toward ensuring that dispatch service could continue to be offered. Chief Jones provided Council with the steps and phases of implementation of the program. Chief Jones introduced Chief Tony Huemann of the MTFPD, together with members of both leadership teams, in attendance to answer any questions the Council may have. Chief Jones noted that on Tuesday, June 2, 2015, this same presentation would be given to the MTFPD Board of Trustees. Chief Jones stated that what is being sought tonight is consensus from Council to move forward with the development of a more detailed implementation plan, including the development of an Intergovernmental Agreement between the City of McHenry Police Department and the McHenry Township Fire Protection District. The Intergovernmental Agreement would then be presented to Council and the MTFPD Board of Trustees for review and approval. Additionally, Chief Jones noted that should there be any expenditures not included in the FY15/16 Budget, an amendment would be require to the municipal budget. Mayor Low stated that members of both the McHenry Police Department and the McHenry Township Fire Protection District have been working tirelessly on this project. She thanked the members of both Departments in attendance for their dedication. Responding to an inquiry from City Administrator Morefield regarding the cost to the City of McHenry should the dispatch center be eliminated, Chief Jones stated that it would be approximately $1,000,000 to dispatch through an outside agency, opposed to the current cost of $700,000 for the current dispatch center. It is the consensus of Council that the City of McHenry Police Department should move forward with the project, as presented. APPROVAL TO EXECUTE REASSIGNMENT OF A REVOLVING LOAN FOR $34,000 WITH UTOPIAN ROAST, LLC D/B/A HIDDEN PEARL CAFE AND A NEW REVOLVING LOAN AGREEMENT FORA 4- YAER TERM, WITH UTOPIAN ROAST, LLC D/B/A HIDDEN PEARL CAFE FOR THE PRINCIPAL AMOUNT OF $311720.70 City Administrator Morefield informed Council that on October 7, 2013, Council approved an agreement with Utopian Roast, LLC d/b/a Hidden Pearl Cafe for a Revolving Loan in the amount of $34, 000. First National Bank handled the underwriting, as well as loan services, on the Revolving Loan. There existed a Memorandum of Understanding between First National Bank and the City of McHenry that should Utopian Roast, LLC become more than 60 days past due on their payments to First National Bank, First National Bank could assign the loan back to the City of McHenry. First National Bank, with the consent from City Staff, made numerous arrangements to delay the principal payment dates in an attempted to work with Utopian Roast, LLC, However, Utopian Roast has made few timely payments and in the end Regular Meeting Page 7 June 1, 2015 they were more than 60 days past due on a few occasions. On February 27, 2015, First National Bank made the decision to reassign the loan to the City of McHenry. City Administrator Morefield provided information regarding the reassignment paperwork, as well as the new Loan Agreement between the City of McHenry and Utopian Roast, LLC. Staff has met with one of the owners of Utopian Roast, LLC to go over the Loan Agreement and plans for the business. The owner feels comfortable that business will pick up and they will be able to make timely payments, as agreed to, in the new Agreement. The new principal value is $31,720.70 and the monthly loan payments will be $660.73. The loan payoff date will be July 2019. The owners of Utopian Roast, LLC have signed off on the Agreement and Staff feels the new Agreement will have the loan paid off in a timely fashion. Staff is requesting Council's approval of the execution by the Mayor of the City of McHenry of the reassignment paperwork, as well as the new Revolving Loan Agreement with Utopian Roast, LLC d/b/a Hidden Pearl Cafe, for the principal amount of $31,720.70. Responding to an inquiry from Council, Director of Finance Lynch stated there is currently approximately $60,000 available in the fund. Director Lynch noted that loan funds are from a grant to be used specifically for this purpose. Alderman Glab requested that Council be kept apprised of the progress of the business. Motion by Curry, second by Santi, approving the execution by the Mayor of the City of McHenry of the reassignment paperwork, as well as the new Revolving Loan Agreement with Utopian Roast, LLC d/b/a Hidden Pearl Cafe, for the principal amount of $31,720.70. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. APPROVAL OF A CLASS A LIQUOR LICENSE TO DKS INVESTMENT GROUP D/BA/ UPROOTED LOCATED AT 2816 W. ROUTE 120 AND APPROVAL OF ORDINANCE MC-15-1104 INCREASING THE NUMBER OF CLASS A LIQUOR LICENSE IN EFFECT FROM 23 TO 24 City Administrator Morefield informed Council that the property, formerly known as Monaco's, located at 2816 W. Route 120, has been purchased by Daniel K. Smith and Elizabeth DuPlain. Applicants are applying for a Class A liquor license that authorizes the sale of alcoholic beverages for consumption on the premises and retain sale of packaged liquors. The new owners intend to open a restaurant/bar and Ms. DuPlain will manage the business. Following extensive renovations and repairs, the new owners of the property anticipate opening for business in four to six weeks. Regular Meeting Page 8 June 1, 2015 Mr. Smith currently holds a Class A liquor license for the Town Club, located at 1401 N. Riverside Drive. He has owned and operated the business successfully since 1985. He and Ms. DuPlain are both conversant with the Illinois Liquor Control regulations. The applicants have met with Mayor Low and have been fingerprinted by the McHenry Police Department. All required paperwork has been submitted and all fees have been paid. Motion by Santi, seconded by Schaefer: 1. Granting a Class A liquor license to DKS Investment Group, Inc. d/b/a UpRooted, located at 2816 W. Route 120, as presented, with the condition that all employees involved in the sale and service of alcohol are certified in Beverage Alcohol Sellers and Servers Education and Training; and 2. Approval of an Ordinance increasing the number of Class A liquor licenses from 23 to 24. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW A TAVERN AND A 16-SPACE PARKING VARIANCE FROM THE OFF-STREET PARKING AND LOADING REQUIREMENTS AT 17114775 N. RICHMOND ROAD IN THE MCHENRY GROUNDS SHOPPING CENTER City Administrator Morefield informed Council that the McHenry Grounds Shopping Center was constructed in 1996 and contains a mixture of retail, restaurant, office and service - oriented uses. The applicant is requesting a conditional use permit to allow a tavern at 1771 N. Richmond Road, which is on Lite north side of the shopping center. The applicant is also seeking a variance from the off-street parking and loading requirements for the entire McHenry Grounds Shopping Center to accommodate the tavern use. City Administrator Morefield noted that the property is currently zoned C-3 Community Commercial District. It is surrounded by commercial uses to the north and east, single-family residential to the west and a cemetery to the south. Staff believes the proposed tavern use is an appropriate land use for the subject property. The applicant, Blackhawk Restaurant Group operates a video gaming cafe similar to Stella's, which is located within the McHenry Plaza directly to the east of the subject property. The proposed cafe, Betty's Bistro, would offer a limited menu selection, alcoholic beverages and would have video gaming devices within the establishment. Blackhawk Restaurant Group operates 51 other locations in Illinois, one of which is located in the City of Woodstock. Betty's Bistro's target market is females between the ages of 40 and 69, and is a direct competitor with Stella's. Regular Meeting Page 9 June 1, 2015 Staff believes the proposed project would 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 C-3 zoning district. McHenry Grounds Shopping Center currently has 117 parking spaces and in accordance with the City's Zoning Ordinance is classified as a shopping center. McHenry Grounds Shopping Center is in compliance with the parking requirements in the Zoning Ordinance due to the two previous variances adopted by the City Council. Betty's Bistro is a tavern, which requires 10 parking spaces/1,000 square feet of net floor area; therefore 16 parking spaces are required. During the Planning and Zoning Commission meeting, some concerns were expressed by abutting property owners to the west pertaining to the continuous disrepair of the fence erected on the western property line of the McHenry Grounds Shopping Center, as well as problems which have occurred in the past, including noise, smoking and other disruptive behavior form business employees and patrons within the McHenry Grounds Shopping Center. However, the Planning and Zoning Commission voted unanimously (7-0) to approve the Conditional Use Permit to allow a tavern and a variance from the off-street parking and loading requirements for the subject property, as presented. City Attorney McArdle suggested that the Motion be conditioned on approval of Item No. 13 on the Agenda. Motion by Schaefer, second by Santi, approving the Ordinances granting a Conditional Use Permit to allow a tavern and a sixteen (16) space parking variance from the off-street parking and loading requirements; subject to approval of Item No. 13 on the Agenda. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. CONDITIONED UPON APPROVAL OF ITEM NO. 12; APPROVAL IS REQUESTED FORA CLASS H LIQUOR LICENSE FOR BLACKHAWK RESTAURANT GROUP LLC D/B/A BETTY'S BISTRO, LOCATED AT 1771 N. RICHMOND ROAD, AND APPROVAL OF ORDINANCE MC-15-1105, INCREASING THE NUMBER OF CLASS H LIQUOR LICENSES IN EFFECT FROM 3 TO 4 City Administrator Morefield informed Council that Mr. Michael Thiessen, representing Blackhawk Restaurant Group LLC Series McHenryG d/b/a Betty's Bistro, has submitted an application for a Class H liquor license to serve beer and wine at tables only in conjunction with a cafe at 1771 North Richmond Road in the McHenry Grounds Shopping Center at the location formerly known as Northern Illinois Chiropractic. Betty's Bistro is marketed as a cafe for adults to enjoy breakfast, lunch and dinner along with video gaming. Mr. Thiessen would be the acting manager until a local manager is hired. Regular Meeting Page 10 June 1, 2015 Mr. Thiessen is scheduled to be fingerprinted by McHenry Police Department. All fees have been paid and all required paperwork has been submitted. Motion by Schaefer, second by Santi, granting a Class H liquor license to Blackhawk Restaurant Group LLC Series McHenryG d/b/a Betty's Bistro, effective May 1, 2015, with the condition that all employees involved in the sale and service of alcohol obtain BASSET certification; and approving an Ordinance increasing the number of Class H liquor license from three to four. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. APPROVAL OF AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW TWO PRINCIPAL LAND USES ON ONE LOT; A RESIDENTIAL DWELLING IN THE REAR PORTION OF THE BUILDING; AND A COMMERCIAL USE IN THE FRONT OF THE BUILDING, FOR THE PROPERTY LOCATED AT 5114 WEST ELM STREET City Administrator Morefield informed Council the on August 12, 2012, the Planning and Zoning Commission considered a use variance for the property located at 5114 W. Elm Street. Concerns were expressed, at that time, by abutting property owners regarding sufficient parking and previous owners of the property behaving in an uncooperative manner. The proposal was not recommended by the Commission and was never presented to Council. Until January 2015, the property remained vacant. The front part of the building is currently occupied and utilized as a beauty shop and tax assistance service business. City Administrator Morefield stated that the property is located on West Elm Street and contains one building, approximately 3,000 square feet; 1,500 square feet of usable commercial/office in the south portion with frontage on Elm Street and 1,440 square feet of residential space in the rear. The lot was platted in 1953 as part of the Lakeland Park Subdivision and the building was constructed in 1957. The building was used as residential until the late 1980s, after which it was renovated for commercial use fronting State Route 120. The rear residential portion of the building was completed in 1991. The applicants purchased the property to use the south portion of the building as a commercial use and would like to use the rear portion of the building as one single-family residential use. Prior to issuance of an Occupancy Permit for a beauty shop/business use, the property had been vacant for several years. If the variance is approved there would be two principal uses on one lot, which is not permitted by the Zoning Ordinance. One principal use is allowed, thus the applicant is required to obtain a Use Variance to allow a single residential use in the north Regular Meeting Page 11 June 1, 2015 half of the building. No other variances are being requested at this time. Commercial use is permitted by right, however, residential use is only permitted in a C 4 or G5 Zoning District when the residential is above a non-residential use. In this case, the residential use would be behind or abutting a commercial use. The north portion of the building contains a kitchen, laundry faces, multiple bedrooms and living/dining room space and the south portion contains a small kitchen, bathroom and offices. There is a wall between the north and south half connection on either end of the building to physically separate the two uses. Staff advised that the site is unique in that it is one building with the front designed for a commercial use and the rear for a residential use. Staff opined the proposed use would not alter the character of the area as it incorporates a commercial/service use along Route 120 and a residential use in the rear, which abuts residential homes. The original building on the property was constructed 55 years ago. The area of Route 120, where the subject property is located, is the focus of the West Illinois Route 120 Corridor Enhancement Initiative, which is a tool approved by the Council to encourage economic investment. Staff believes a reasonable return cannot be realized on the property due to the rear portion of the building being designed and built to accommodate a residence. To convert the residential portion of the building to a commercial land use would be impractical, costly and extremely difficult Staff noted that the applicant is not requesting any other variances from the Zoning Ordinance and thus is required to meet all other City ordinances, including, parking, signage, stormwater runoff, etc. Although the West Route 120 Corridor Enhancement Initiative was adopted by the Council with the intent of fostering redevelopment and revitalization of the area of Illinois Route 120, the process will take time Staff believes the proposed use variance is appropriate and supports applicants' request, as presented. While concern were expressed during the Planning and Zoning Commission hearing regarding lack of space on the subject property to provide sufficient parking, the Planning and Zoning Commission voted (3-2) to recommend to the City Council a use variance to allow two principal land uses on one lot, a residential dwelling in the rear portion of a building with commercial use in the front, on the subject property as presented for the property located at 5114 Elm Street, subject to the following conditions: • Residential dwelling unit in the north half of the building shall be required to obtain a certificate of occupancy and comply with minimum life safety codes for a residential dwelling unit; • Outside storage of any kind, with the exception of trash/rubbish with conditions as stipulated below, is prohibited; • Required number of off-street parking spaces shall be striped to accommodate commercial and residential uses in accordance with all applicable City Ordinances, rules, Regular Meeting Page 12 June 1, 2015 regulations and the Illinois Accessibility Code, prior to a Certificate of Occupancy being issued for the single dwelling unit in the north half of the building; • No cross -access shall be permitted onto adjacent properties unless a cross -access easement or similar agreement is entered into by all impacted parties and said agreement is recorded against all affected properties; • Any trust/rubbish stored outside which is not maintained in dumpster/commercial refuse container, must comply with provisions of all applicable City codes, rules, Ordinances and regulations; and • Any commercial dumpster or refuse container placed outside on the subject property at any time in the future must be screened in accordance with all applicable City Ordinances, rules and regulations. Staff noted that four concurring votes are necessary to decide in favor of any application presented to the Planning and Zoning Commission in accordance with the Ordinance; therefore, there is no formal recommendation to the City Council from the Planning and Zoning Commission. Alderman Condon expressed concern that the applicants alluded there may be prejudice or bias on the part of the Council. She stated it is unfortunate the applicants were lead to believe residential use would be permitted to exist at the site, however, she opined residential use does not fit in the area where the property is located. Mayor Low reiterated the motion on the floor is to deny the Ordinance and that a yes vote would be to deny the use variance to allow two principal land uses on one lot and a residential dwelling in the rear portion of the building. Motion by Condon, second by Santi, to deny the Ordinance granting a use variance to allow two principal land uses on one lot; a residential dwelling in the rear portion of the building and a commercial use in the front of the building for the property located at 5114 West Elm Street. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. APPROVAL OF A REQUEST FROM MCHENRY COUNTY COLLEGE SHAH CENTER, LOCATED AT 4100 SHAMROCK LANE, FOR A VARIANCE TO THE SIGN ORDINANCE RELATING TO HEIGHT AND TOTAL SIGN AREA AND APPROVAL OF A VARIANCE TO ALLOW A TEMPORARY SIGN DURING CONSTRUCTION AND PRIOR TO INSTALLATION OF THE PERMANENT FREE-STANDING CMe1►' Regular Meeting Page 13 June 1, 2015 City Administrator Morefield informed Council that the McHenry County College, which operates a satellite campus at 4100 W. Shamrock Lane (at the northwest corner of Shamrock Lane and South Illinois Route 31), is requesting three sign variances. • The first is to exceed the maximum height for a permanent freestanding sign by 11' 4"; • The second is to exceed the total maximum square footage for a freestanding sign permitted by 145 square feet (72.5 sq. feet on each face); and • The third is to allow a temporary sign during construction and prior to the installation of the permanent sign until October 15, 2015. The building on the subject property was originally constructed as a hotel in 1986. It was purchased by Northwest bible Baptist Church in 2001 and subsequently by McHenry County College in 2004. The building is known as the Shah Center and is used as a small business development center. It is an extension of McHenry County College. Professional development, continuing education and small business assistance are part of the services provided at the location. The property is zone O-2 Office Park, however, the use is classified as an assembly use in accordance with the City of McHenry Zoning Ordinance. In accordance with the City's Sign Ordinance assembly uses are permitted one permanent freestanding or wall sign, not to exceed 32 square feet in total area or six feet in height and the freestanding sign must be setback a minimum of five feet from the property line, The freestanding sign proposed to be erected at the Shah Center is 17' 8 " in height, setback five feet from the new property line set by the Illinois Department of Transportation, and has a total area of 177 square feet (88.5 square feet/sign face). Sign height is measured from the curb level of the nearest public street to the sign to the highest point of the sign. The curb elevation at Shamrock Lane and Illinois Route 31 is 832,19' and the elevation at the base of the sign is 831.83. Thus, a height variance of 11' 4" is required. City Administrator Morefield noted that the current sign protrudes into the current right-of-way. The sign area includes the total exposed surface on each face devoted to a sign's message, however, a freestanding sign is permitted two sign facings, which must be identical or nearly identical. The location of the proposed freestanding sign is approximately 30 feet from the existing sign. Staff ascertained that due to the speed limit 145 mph) of Illinois Route 31, and the setback of the proposed sign, which is out of the applicant's control, the proposed permanent sign needs to be taller and larger in area for motorist to recognize and see the sign in a timely manner so they will be able to react safely and access the Shah Center. Traveling south on Illinois Route 31 the sign will be more visible than it will be for motorists starveling north, however, there are some trees which will still inhibit the view of a permanent sign for those driving south on Route 31. Due to the setback and speed at which traffic is moving; proximity of the Liberty Square sign; the proposed permanent sign, without a height and size variance, will not be within the sight line of a motorist traveling north until after they pass through the intersection of Shamrock Lane and Illinois Route 31, rendering the sign useless, but which could Regular Meeting Page 14 June 1, 2015 also pose a hazard if motorists see the sign at the last minute and react instantaneously by turning westbound. Staff believes the colors, shape and logo included on the permanent sign would also enhance a motorist's ability to clearly recognize and read the sign in a timely manner. Staff does not have any concerns with the proposed permanent or temporary sign and believes the criteria for a sign variance have been fulfilled. Responding to Alderman Condon's inquiry regarding whether part of the reason for the variance is the varying level of the grounds, Director of Economic Development Martin stated that the two primary reasons are the 30 foot distance of the proposed freestanding sign from the current freestanding sign and the speed limit on Route 31. Motion by Wimmer, second by Condon, approving the variances to the Sign Ordinance for 4100 W. Shamrock Lane, as presented, including: • Height variance of 11' 4" and a total sign area variance of 145 square feet (72.5 square feet/side) for the proposed permanent sign and proposed temporary sign be permitted until October 15, 2015 Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. COMMUNITY DEVELOPMENT COMMITTEE RECOMMENDATION TO APPROVE AN ORDINANCE AUTHORIZING VARIOUS TEXT AMENDMENTS TO THE MUNICIPAL CODE, CHAPTER 7, ARTICLE XI, FENCES, RELATING TO CORNER SIDE YARD, REQUIRED FRONT YARD, DOUBLE FRONTAGE LOTS AND NON-RESIDENTIAL PROPERTY FENCE REGULATIONS City Administrator Morefield reiterated that in 2009 the City Council approved a comprehensive update to the City's fence regulations. This updated Ordinance has been useful, however, it has been identified that additional clarification or changes are needed to reduce the number of fence variance requests that are presented to Council and to assist in reducing some apparent hardships being placed on property owners within the City of McHenry. City Administrator Morefield informed Council that the proposed amendments were discussed by the Community Development Committee on Wednesday, May 13, 2015. City Administrator Morefield provided Council with a summary of Staff's analysis of each requested amendment, the proposed amendment recommendation by Staff, and the amendment as recommended by the members of the Community Development Committee. Alderman Glab opined that the Ordinance lack consistency. A discussion ensued. Motion by Santi, second by Condon, approving the text amendments to Chapter 7, Article XI (Fences) of the Municipal Code, as presented. Regular Meeting Page 15 June 1, 2015 Voting Aye: Santi, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. UPDATE REGARDING AMENDMENTS TO WATER AND SEWER RATES; APPROVAL OF AN ORDINANCE AUTHORIZING THE CITY OF MCHENRY TO BORROW FUNDS FORM THE IEPA WATER POLLUTION CONTROL LOAN PROGRAM, IN AN AMOUNT NOT TO EXCEED $35,000,000, THAT INCLUDES THE MAYOR'S AND THE CITY CLERK'S EXECUTION OF THE LOAN AGREEMENT• AND AUTHORIZING FOR STAFF TO SEEK COMPETITIVE BIDS FOR THE DECOMMISSIONING OF THE CENTRAL WASTEWATER TREATMENT PLANT AND CONSOLIDATION WITH THE SOUTH WASTEWATER TREATMENT PLANT City Administrator Morefield reiterated to Council that at the May 11, 2015 Committee of the Whole, Council and Staff discussed a number of issues related to the adjustment of water and sewer rates based on the results of a water and sewer rate/cost of service study, the relationship between the study and the ability of the City to obtain a low interest [EPA Water Pollution Control/State Revolving Fund Loan to fund the required decommissioning of the Central Wastewater Treatment Plant (CWWTP), and the timing involved with each of the processes. Since May 11th, Staff has met to discuss the consensus direction provided by Council regarding water and sewer rates, and City Attorney McArdle has received additional information regarding the Water Pollution Control/State Revolving Fund Loan Program requirements. City Administrator Morefield explained in detail the water and sewer rate update and the Water Pollution Control/State Revolving Fund Loan Program. City Attorney McArdle provided Council with an explanation regarding some details about the Water Pollution Control/State Revolving Fund Loan Program and the PEID. He noted a modification to Page 1 of the next to the last paragraph of the Ordinance regarding the number of for the loan to mature has been revised from 20 years to 21 years. The adoption of the new water and sewer rates must demonstrate the City's ability to fund existing operating, maintenance and capital improvements of the existing system to be eligible for the Water Pollution Control/State Revolving Fund Loan Program. Staff is currently moving forward with the preparation of the application for the Water Pollution Control Loan Program Agreement for submission to the IEPA. Once the process begins, and based on the review and approval of the information by the IEPA, Council will then be asked to adopt water and sewer Rate Ordinances that reflect the information, which has been discussed in detail and to adopt a Debt Service Ordinance identifying the financing methodology for the Water Pollution Control/State Revolving Fund Loan Program. At this time, Staff is requesting authorization from Council to execute the documents required to submit the application. Regular Meeting Page 16 June 1, 2015 City Administrator Morefield informed Council that in addition, according to the project schedule, Staff must also seek competitive bids for the decommissioning/consolidation project in order to continue to meet the timing requirements of the loan process. Staff is requesting that Council authorize Staff to seek competitive bids. A lengthy discussion ensued. City Engineer Pieper explained the process, the necessity and distribution of the funds and answered questions posed by Council. Alderman Curry stated that he would be willing put forth a motion to borrow funds from the IEPA Water Pollution Control loan Program, in an amount not to exceed $30,000,000. He opined that he was unable to reconcile the additional $5,000,000 as necessary. Mayor Low opined that the City of McHenry has been working on this project for a number of years to finally arrive at this juncture. It is not the time for Council to begin second guessing the process. Motion by Curry, second by Glab to approve an Ordinance authorizing the City of McHenry to borrow funds from the IEPA Water Pollution Control Loan Program in an amount not to exceed $30,000,000, that includes the Mayor's and the City Clerk's execution of the loan agreement; and, authorization for Staff to seek competitive bids for the decommissioning of the Central Wastewater Treatment Plant and consolidation with the South Wastewater Treatment Plant. Voting Aye: Santi, Glab, Curry. Voting Nay: Schaefer, Wimmer, Peterson, Condon. Absent. None. Motion denied. Motion by Condon, second by Wimmer to approve an Ordinance authorizing the City of McHenry to borrow funds from the IEPA Water Pollution Control Loan Program in an amount not to exceed $35,000,000, that includes the Mayor's and the City Clerk's execution of the loan agreement; and, authorization for Staff to seek competitive bids for the decommissioning of the Central Wastewater Treatment Plant and consolidation with the South Wastewater Treatment Plant. Voting Aye: Schaefer, Wimmer, Peterson, Condon. Voting Nay: Santi, Glab, Curry, Absent: None. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low stated that she had nothing to report this evening and that Deputy City Administrator Hobson would be announcing the numerous summer events taking place beginning this weekend. Regular Meeting Page 17 June 1, 2015 COMMITTEE REPORTS Alderman Schaefer, Chairperson of the Public Works Committee, informed Council that a meeting of the Public Works Committee took place prior to this evening's Council meeting and that minutes would be forthcoming. STAFF REPORTS Deputy City Administrator Hobson informed Council that the Green Street Cruise Nights have begun. He noted that the number of vehicles in the first Cruise Night was 450. Cruise Nights are held on Monday evenings from 6:00 pm to 8:00 pm in the Municipal and McHenry Savings Bank parking lots. Deputy City Administrator Hobson informed Council that the first Summer Band Concert Series begins on Thursday, June 4, 2015 at 7:30 pm with "Swing into Summer" performed by the McHenry City Jazz Band in the Bob "Beef" Freund Band Shell in Veterans Memorial Park. Additionally: • The Taste of Downtown will be held on Saturday, June 6, 2015 from 1:00 pm to 5:00 pm; • Pedal to the Park will be held on Saturday, June 6, 2015; from 10:00 am to 5:00 pm and on Sunday, June 7, 2015, from 11:00 am to 4:00 pm; • There will be Free Boat Rental at Petersen Park on June 10, 2015, from 1:30 pm to 4:00 pm; • On Saturday, June 13, 2015 the Miss McHenry Car Wash is taking place; and • On Saturday, June 13, 2015, practice for the annual Kiwanis Soap Box Derby will be taking place on Waukegan Avenue and Green Street. City Administrator Morefield thanked Staff members for being in attendance to answer any questions presented by Council. FUTURE AGENDA ITEMS Alderman Glab inquired when the issues regarding the Althoff Basketball Court, brought by Mr. Reber at Public Input, would be addressed. Mayor Low stated that Staff would discuss the matter tomorrow morning. City Administrator Morefield assured Alderman Glab that Council would be provided a memorandum regarding how the issues are addressed and resolved. Alderman Glab inquired about whether the City plans to address the number of video gaming establishments in the City. Mayor Low stated that it is a matter that necessitates being addressed through Committee. City Administrator Morefield assured Council he would look into scheduling the matter at the Committee level. ADJOURNMENT Regular Meeting Page 18 June 1, 2015 Motion by Condon, seconded by Peterson, to adjourn the meeting at 10:05 pm. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 10:05 pm.