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Home My WebLink AboutMinutes - 07/21/2014 - City CouncilREGULAR MEETING July 21, 2014 Mayor Low called the regularly scheduled July 21, 2014 meeting of the McHenry City Council to order at 7:00 p.m. In attendance were the following Aldermen: Santi, Glab, Schaefer, Blake, Wimmer, Peterson and Condon. Absent: None. Also in attendance were City Administrator Morefield, Deputy City Administrator Martin, Deputy City Administrator Hobson, Director of Public Works Schmitt, Director of Finance Lynch, City Attorney McArdle, Chief of Police Jones and City Clerk Jones. Absent: None. PUBLIC HEARING FOR PRESENTATION OF THE FISCAL YEAR 2014/2015 APPROPRIATION ORDINANCE, IN THE AMOUNT OF $38,564,741 Mayor Low opened the Public Hearing for presentation of the Fiscal Year 2014/2015 Appropriation Ordinance, in the amount of $38,564,741, at 7:00 pm. Mayor Low requested comments from Council. There were no comments from Council. Mayor Low requested comments from the audience. There were no comments from the audience. Motion by Santi, seconded by Condon to close the Public Hearing at 7:02 pm Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Condon, Peterson. Voting Nay: None. Absent: None. Motion carried. APPROVAL OF THE APPROPRIATION ORDINANCE FOR THE FISCAL YEAR 2014/2015, IN THE AMOUNT OF $38,564,741 TO BE FILED WITH THE COUNTY CLERK, PURSUANT TO ILLINOIS STATE STATUTE WITHIN 30 DAYS OF ADOPTION Motion by Schaefer, seconded by Blake approving the Appropriation Ordinance for the Fiscal Year 2014/2015, in the amount of $38,564,741 to be filed with the county clerk, pursuant to Illinois State Statute within 30 days of adoption. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Condon, Peterson. Voting Nay: None. Absent: None. Motion carried. INTRODUCTION OF MCHENRY TOWNSHIP FIRE PROTECTION DISTRICT (MTFPD) COMMAND STAFF AND UPDATE OF MTFPD ACTIVITIES Mayor Low introduced McHenry Township Fire Protection District (MTFPD) Chief Tony Huemann. Chief Huemann explained that the MTFPD is a 24/7 operation responding out of four stations and that every 24-hours 30 to 36 positions must be filled, with the duration of each Regular Meeting Page 2 July 21, 2014 shift being 12 hours. A Shift Commander manages all four stations 24-hours a day, 365-day per year. He stated that the MTFPD employs three full time Battalion Chiefs and 160 part time Fire/EMS personnel. Chief Huemann explained that the MTFPD has a Board of Trustees consisting of five members. The Board is appointed by the Law and Justice Sub=Committee of the McHenry County Board to be the financial oversight to the MTFPD. The Board of Trustees meets on the third Thursday of every month and the Fire Chief reports to them on the monthly activities of the MTFPD. Administrative Staff consists of the Fire Chief, who manages the daily administrative duties and reports directly to the Board of Trustees. The Deputy Chief runs the day-to-day operations. The Fire Prevention Bureau Director coordinates fire inspections, public education, fire investigations and new construction plan review. The Business Manager is the Director of Finance and Human Resources, and coordinates outside contractors for station maintenance. The Administrative Assistant to the Fire Chief coordinates daily activities, manages payroll, special projects and the MTFPD website. The Administrative Secretary acts as receptionist and provides administrative support. Chief Huemann informed the Council that in 2013 the MTFPD responded to 4,658 calls. To date the MTFPD has responded to 2,370 calls. Training is conducted every day on equipment and apparatus. Chief Huemann introduced Joe Krueger, Battalion Chief Black (15t) Shift, Mike Majercik, Battalion Chief Red (2nd) Shift, David Harwood, Battalion Chief Gold (3rd) Shift. Mayor Low thanked Chief Huemann for the presentation. She stated that there is a great deal of pride in the relationship between the City, the Police Department and the MTFPD. Alderman Condon thanked the members of the MTFPD for everything they do for the community. PUBLIC INPUT SESSION Geri Davis, 3202 Golfview Terrace, McHenry, addressed Council. Mrs. Davis stated that two members of City Staff met with her and her husband, John Landon, regarding continued concerns about the construction project on Golfview Terrace. Mrs. Davis expressed continuing concerns about the size of the construction project and the impervious surface on the properties upstream from her property. Mrs. Davis stated that two City employees visited her home to discuss their concerns. They were very polite and professional spending the better part of a morning showing what the project engineers and the City Engineer, HR Green, had planned regarding the storm water runoff. She was told that the City plans on increasing the capacity of and improving the drainage of the Swale running along Golfview Terrace. Mrs. Davis stated that she did not understand why the City plans on incurring the expense to increase the capacity of the swale if Regular Meeting Page 3 July 21, 2014 the additional runoff is being generated because of the new construction desired by a private resident. Mrs. Davis stated that she and her husband remain unconvinced that the plans the City has for the Swale along Golfview Terrace will eliminate the problem. She stated they were shown the plans and allowed to examine the plans; however they were not permitted to have a copy of the engineering plans to examine at their leisure and perhaps have examined by a professional of their choice. Mrs. Davis requested that the City re-examine the storm water runoff issues regarding the new construction, particularly with regard to how her properties would be affected. Mrs. Davis requested that her letter, dated July 14, 2014, be referenced and kept on file. Mark Dzenske, 513 Brookwood, McHenry addressed Council. Mr. Dzenske stated that the LED sign erected by the Unitarian Church is overly bright and shines directly into his backyard. The sign can be seen from all the windows in his home despite a 6-foot high fence. He has spoken with Staff and was assured that the lights are supposed to dim in the evening hours. The lights have not dimmed and continue to shine brightly. Mr. Dzenske stated that he has no issue with the Unitarian Church only with the LED sign. He asked that sight lines be taken into consideration when future signs are erected. He expressed a willingness to extend the height of the fence on his property from 6 to S feet. Mayor Low assured Mr. Dzenske that the matter would be looked into thoroughly by Staff. Mr. Dzenske thanked Council for their time. CONSENT AGENDA. A. Approval of Block Party Request on Newport Trail; B. Approval of Parks Special Use/Picnic permits; C. Approval of March 17, 2014 City Council meeting minutes; D. Approval of April 7, 2014 City Council meeting minutes; E. Approval of April 21, 2014 City Council meeting minutes; and F. Approval of List of Bills. 1110 GREEN LLC 30,417.37 ABRAHAMSEN, IAN 5.60 ACE HARDWARE, BJORKMAN'S 1,861.05 ADAMS ENTERPRISES INC, R 587.84 AIRGAS SAFETY INC 148.45 AMERICA'S ACTION TERRITO 337.50 AMERICAN HOMES 4RENT 19.05 AMERICAN RED CROSS 152.00 AMES, CURT 127.40 AQUAFIX 257.98 AT&T 2,168.92 AUTO TECH CENTERS INC 37.50 BAKER & SON CO, PETER 14,722.19 BANKCARD PROCESSING CENT 3,164.88 BAXTER & WOODMAN 573.75 BIRK, JOHN 1,015.00 BOXX THIS INC 60.28 BRANIFF COMMUNICATIONS I 6,200.00 Regular Meeting Page 4 July 21, 2014 BRENNAN, DAN 630.00 BUSS FORD SALES 648.22 CAPITAL GAINS INCORPORAT 5,083.00 CDW GOVERNMENT INC 5,187.10 CHAPEL HILL FLORIST INC 69.95 CINTAS CORPORATION LOC 3 456.55 COMCAST CABLE 464.33 COMED 4,428.15 CONSTELLATION NEWENERGY 31,819.12 CRESCENT ELECTRIC SUPPLY 445.29 CULVERS OF MCHENRY 197.50 D'ANGELO NATURAL SPRING 40.75 DELAWARE COUNTY SHERIFFS 250.00 DEUSER, RACHEL 10.00 DOCUMENT IMAGING DIMENSI 420.73 DUCAK, KELLY 5.60 DULTMEIER SALES INC 65.33 ED'S AUTOMOTIVE/JIM'S MU 156.00 ED'S RENTAL & SALES INC 1,190.00 ELLIOTT, JENNIFER 516.00 ERB, STEPHANIE 219.38 FISCHER BROS FRESH 1,568.00 FITNESS CONNECTION, THE 183.50 FOREMAN & COMPANY, JOSEP 311.05 FOSTER, DONNA 400.00 FOX VALLEY FIRE & SAFETY 1,007.50 FOXCROFT MEADOWS INC 1,928.38 FUTAVA, KATIE L 189.00 FUTURE LINK OF ILLINOIS 1,989.09 G & E GREENHOUSES INC 794.50 GALLAGHER RISK MANAGEMEN 29.00 GALLS LLC 398.17 GARAVENTA USA INC ANTIOC 762.00 GASVODA & ASSOCIATES INC 3,769.00 GESKE AND SONS INC 3,465.38 GOLD MEDAL PRODUCTS 1,849.45 GORHAM, SONJA 33.00 GRAINGER 213.12 HACH COMPANY 715.56 HALOGEN SUPPLY COMPANY 2,071.00 HAWKINS INC 12,490.64 HD SUPPLY WATERWORKS 517.89 HEARTSMART.COM 75.00 HILLCREST APARTMENTS 4,204.09 HRGREEN 95,421.85 IACP 700.00 ILHIA 780.00 ILLINOIS AUDIO PRODUCTIO 135.00 ILLINOIS STATE POLICE 20.00 INGLES, JOYCE 101.68 JENSEN'S PLUMBING & HEAT 7,732.87 JENSEN, TED 135.00 KARKI, STEVE 80.50 KAY, DEREK 147.64 KIMBALL MIDWEST 863.70 KLEAN, TRACY 8.00 KOMLINE-SANDERSON ENGINE 431.41 KREASSIG, DANIEL 14.21 LANG-CADILLAC-BUICK-GMC 7.93 LANG AUTO GROUP, GARY 100,000.00 LARD, MOLLIE 120.00 LEXISNEXIS 119.00 LGMC LEADERSHIP 3,000.00 LILLEENG, MICHAEL D 2,005.00 LISS, NEVA 219.38 MASTERVIEW 240.00 MCAULIFF & SEMROW PC 750.00 MCCANN INDUSTRIES INC 531.24 MCCORMICK, JENISE M 97.50 MCHENRY ANALYTICAL WATER 60.00 Regular Meeting Page 5 July 21, 2014 MCHENRY COUNTY RECORDER 123.00 MCHENRY FIRESTONE 80.00 MCHENRY LIONS CLUB 163.50 MCHENRY SCHOOLS TRANSPOR 581.51 MELROSE PYROTECHNICS INC 15,000.00 METROPOLITAN INDUSTRIES 2,723.48 MEYER MATERIAL COMPANY 701.56 MID AMERICAN WATER OF WA 1,436.70 MIDWEST METER INC 4.50.00 MINUTEMAN PRESS OF MCH 303.84 MORRIS, HEATHER 50.00 MOTOROLA SOLUTIONS - STA 450.00 MUNDINGER, CINDY 45.00 NAPA AUTO PARTS MPEC 2,983.19 NEUMANN JR, EDWARD J 500.00 NEW ALBERTSONS INC 43.87 NORTHWEST ELECTRICAL SUP 685.07 OTTOSEN BRITZ KELLY COOP 1,299.50 PARISI, JOE 9.00 PEPSI BEVERAGE COMPANY 292.80 PETROLIANCE LLC 5,567.96 PETTIBONE & CO, P F 1,081.00 POSEY, CARRIE 185.00 POTSIE'S SOILS 350.00 PRO PLAYER CONSULTANTS I 1,125.00 PROSHRED SECURITY 53.00 PSP-BROOKFIELD 63.59 PUCHALSKI GOODLOE MARZUL 50.00 RADICOM INC 743.24 RADIOSHACK CORPORATION 87.94 RASMUSSEN REBUILDING & M 30.00 REISHUS, DEIRDRE 445.63 RELIABLE OFFICE SUPPLIES 197.59 REX 24/7 TOWING 150.00 i ROC CONSTRUCTION SUPPLY 146.33 ROSE, JEFFREY T 893.75 ROTARY CLUB OF MCHENRY 249.00 RUSH TRUCK CENTERS OF IL 1,073.79 RYAN, YUKA 130.00 SAM'S CLUB 798.44 SANTO SPORT STORE 328.44 SCHAFER, PAT 262.69 SEAWALLS UNLIMITED 26,875.00 SECRETARY OF STATE/INDEX 10.00 SHERMAN MECHANICAL INC 261.80 SHERWIN INDUSTRIES INC 1,815.00 ST PAULS EPISCOPAL CHURC 63.60 STANS OFFICE TECHNOLOGIE 179.00 STATE FIRE MARSHAL 75.00 SUNNYSIDE COMPANY 60.38 THELEN MATERIALS LLC 276.49 THOMPSON ELEVATOR INSPEC 75.00 THOMPSON, NANCY 30.00 THOMSON REUTERS - WEST 297.00 TOPS IN DOG TRAINING COR 328.99 TRAFFIC CONTROL & PROTEC 1,382.70 TYLER TECHNOLOGIES 31,166.40 UNITED LABORATORIES 195.00 US BANK EQUIPMENT FINANC 738.00 USA BLUEBOOK 518.00 VALENTINES REPAIR 44.98 VALLEY VIEW ACRES 880.00 VALLIANATOS, NATALIE 120.00 VERIZON WIRELESS 1,684.00 WASTE MANAGEMENT OF WI P 10,125.95 WHOLESALE DIRECT INC 200.78 WILSON LANDSCAPE SUPPLY 430.80 WIRTZ, PAT 174.61 ' ZARNOTH BRUSH WORKS INC 471.50 ZUKOWSKI ROGERS FLOOD & 17,895.40 Regular Meeting Page 6 July 21, 2014 GRAND TOTALS 505,155.78 FUND TOTALS GENERAL FUND 221,395.20 PAGEANT FUND 188.20 CIVIL DEFENSE FUND 6,200.00 ALARM BOARD FUND 1,007.50 MOTOR FUEL TAX FUND 11,990.38 TIF FUND 30,544.77 CAPITAL IMPROVEMENTS FUND 108,430.97 CAPITAL EQUIPMENT FUND 31,166.40 WATER/SEWER FUND 81,680.91 MARINA OPERATIONS FUND 102.81 EMPLOYEE INSURANCE FUND 122.84 RISK MANAGEMENT FUND 29.00 INFORMATION TECHNOLOGY FUND 3,733.80 RETAINED PERSONNEL ESCROW 3,430.00 POLICE PENSION FUND 5,133.00 TOTALS 505,155.78 Motion by Wimmer, seconded by Blake, to approve the Consent Agenda, as presented. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. APPROVAL_ OF A VARIANCE TO ALLOW A DETACHED GARAGE IN A REQUIRED FRONT YARD AND A SECOND DRIVEWAY FOR THE PROPERTY LOCATED AT 4807 HOME AVENUE City Administrator Morefield informed Council that the applicant is seeking two variances, one from the Zoning Ordinance and one from the Subdivision Control and Development ordinance. Specifically: 0 A variance from Chapter X. Accessory Uses, Yards and Fences in the Zoning Ordinance to allow an approximately 360 square foot detached garage in a required front yard; and • A variance from Section T-5.3 Residential Driveways and Parking Lots in the Subdivision Control and Development Ordinance to allow a second driveway off of Commercial Avenue at 4807 Home Avenue, McHenry. Applicant owns double frontage or through lot, meaning his property has frontage on two public roadways, Commercial Avenue to the south and Home Avenue to the north. Therefore, in accordance with the City's Zoning Ordinance, applicant has no required rear yard but two required front yards. Due to the size of the lot and required setback from other principal structures (a home in this instance) it would impose a substantial hardship, as well as be impractical for the applicant to comply with the Zoning Ordinance requirement, as written. Staff believes the proposed garage will not detract or adversely impact neighboring properties, but will conform to what already exists on most lots in the immediate area. Additionally, the applicant will construct a second driveway off of Commercial Avenue to access the proposed detached Regular Meeting Page 7 July 21, 2014 garage. The Subdivision Control and Development Ordinance permits two driveways, however, ` in order to do so the property in question would need a minimum of 100' of frontage on any one street. Thus, the Ordinance does not address the situation of homes on smaller lots with rear -loaded garages with two frontages. Staff supports the requested variances, which are consistent with homes adjacent to the subject property. City Administrator Morefield informed Council that the Planning and Zoning Commission unanimously recommended approval, by a vote of 6-0. Motion by Wimmer, seconded by Peterson, approving the Ordinance authorizing a Variance from Chapter X. Accessory Uses, Yards and Fences to allow a detached garage in a required front yard and a Variance from Section T-5.3 Residential Driveways and Parking Lots in the Subdivision Control and Development Ordinance to allow a second driveway in substantial conformance with the site plan for the property located at 4807 Home Avenue. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. APPROVAL OF A USE VARIANCE TO ALLOW TWO PRINCIPAL LAND USES AND TWO PRINCIPAL BUILDINGS ON THE PROPERTY LOCATED AT 2414 W. ILLINOIS ROUTE 120 FOR NORTHWEST ELECTRIC SUPPLY AND CROSS FIT FIRE FITNESS CENTER City Administrator Morefield informed Council that the subject property is located at 2414 W. Illinois Route 120 and was annexed to the City of McHenry as part of the east of the river annexation in 1996. The original Northwest Electric Supply Building was built in 1973, and an 1,820 square foot steel accessory building was constructed in 1984 directly to the north of the Northwest Electrical Supply building. In 1998 a 4,430 square foot addition was constructed to the building. The subject property is currently zoned C-5 Highway Commercial District and contains two buildings. One is approximately 9,140 square feet fronting on Illinois Route 120, which is currently utilized by Northwest Electrical Supply for retail sales, showroom and warehouse, and a 6,250 square foot building to the rear of the site, formerly utilized for storage by Northwest Electrical Supply but currently vacant and proposed to be utilized by the applicant as a personal training center. Northwest Electrical Supply has been operating on the subject property since 1973; however, due to change in the economy and overall business climate, they no longer have a need for the building in the rear of their property. The Zoning Ordinance only permits one principal land use and building per zoning lot; therefore, a use variance is required to allow the applicant to utilize the rear building on the subject property for a second principal use. Regular Meeting Page 8 July 21, 2014 The practical use of the second building is extremely limited. Many sites in the City have multiple buildings; however, the subject property has two fairly substantial structures in terms of square footage. By utilizing the existing vacant building and adding a second principal use on the property the property owner is able to generate revenue to maintain the vacant building and permits the continued use of the building. The proposed use will not alter the character of the area and is ideally located along a major state route and abutting residential area, which could generate additional customer base for the applicant's business. The applicant submitted a revised parking layout for the subject property as part of their application. The parking along the western property line will remain the same, parking to the south of the building housing Northwest Electrical Supply will be reconfigured slightly from angled to ninety degree parking, and additional parking of approximately 16 spaces would be added behind Northwest Electrical Supply, parallel to the building to the north of Northwest Electrical Supply and to the west of the building proposed to be utilized by CrossFit Fire — directly off of Hillside Lane. Northwest Electrical Supply's sign would be relocated bringing it into conformance with the Sign Ordinance. Staff has reviewed the plans and addressed concerns raised by the Planning and Zoning Commission. Staff recommends allowing two principal land uses within the two buildings on the subject property, such as the one currently proposed subject to compliance with the provisions of the Zoning Ordinance. If another use other than CrossFit Fire is proposed in the future, Staff would not have a problem if the use was a permitted use in the respective C- 5 Zoning District. If another use is proposed, which is not permitted by right in the C-5 Zoning District, or alternatively could not meet the associated parking requirements for the particular use being proposed, Staff would require an amendment to the Ordinance. City Administrator Morefield advised Council that the Planning and Zoning Commission unanimously recommended approval, by a vote of 6-0, of a use variance to allow two principal retail, service, warehouse -oriented land uses and two principal buildings and any other variances required to allow the aforementioned land uses and buildings on the subject property subject to the following 8 conditions: 1. Parking for the subject property shall be re -striped in accordance with the attached parking plan, submitted as part of the application; 2. The parking lot be striped to limit the north -south drive aisle directly off of Route 120 to one-way only traffic heading north from the entrance off of Route 120 north and then west to Hillside Lane (painted one-way arrow); 3. The nine spaces directly off of Hillside Lane should be designated customer parking; 4. The four parking spaces directly north of the Northwest Electrical Supply building should be designated employee parking only; 5. A landscape hedge row, consisting of a continuous row of evergreen bushes shall be planted at the northwest corner of the site prior to receipt of a Certificate of Occupancy, to shield headlights from the residential subdivision to the north; Regular Meeting Page 9 July 21, 2014 6. Any other land uses proposed in the future, other than Northwest Electrical Supply and CrossFit Fire, must comply with the provisions in the CO-5 Zoning District and other zoning ordinance requirements, such as parking, in order to be permitted without coming back to the Planning and Zoning Commission and City Council for additional approvals; 7. A "One-way or Do Not Enter" sign should be posted where the parallel parking spaces are located adjacent to the northern building (at the western edge of the building currently proposed for CrossFit Fire — on the south edge of the driveway isle); and 8. Staff shall investigate the requirement and potential location for a handicapped parking space to serve the proposed building to the north of Northwest Electrical Supply, to be utilized by people patronizing CrossFit Fire. Alderman Santi inquired about CrossFit Fire. Ms. Jennifer Yundt, one of the applicants in attendance approached the podium. Ms. Yundt informed Council that CrossFit Fire would not be a 24-hour fitness facility. Classes are scheduled and last one hour or less. She and her husband would be conducting the classes, together with 5 part time trainers. Alderman Glab opined that he is not comfortable approving this type of facility in this venue. Alderman Schaefer opined that he had no issue with a facility of this type in an industrial facility. Responding to Alderman Wimmer's inquiry regarding how they plan on marketing CrossFit Fire, Ms. Yundt responded that a large part of their marketing would be word of mouth. Additionally, Northwest Electrical Supply had offered to share some space on their signage when the sign location is changed. Responding to Alderman Santi's inquiry regarding the dimensions of the new sign for Northwest Electrical Supply, Deputy City Administrator Martin informed Council that the dimensions of the sign would be based on frontage. Responding to Alderman Santi's inquiry regarding the source of water for CrossFit Fire, Director of Public Works Schmitt informed Council that they are not on City water. Motion by Santi, seconded by Wimmer, approving the Ordinance authorizing a use variance to allow two principal retail, service, warehouse -oriented land uses and two principal buildings, subject to the following conditions: 1. Parking for the subject property shall be re -striped in accordance with the attached parking plan, submitted as part of the application; 2. The parking lot be striped to limit the north -south drive aisle directly off of Route 120 to one-way only traffic heading north from the entrance off of Route 120 north and then west to Hillside Lane (painted one-way arrow); Regular Meeting Page 10 July 21, 2014 3. The nine spaces directly off of Hillside Lane should be designated customer parking; 4. The four parking spaces directly north of the Northwest Electrical Supply building should be designated employee parking only; 5. A landscape hedge row, consisting of a continuous row of evergreen bushes shall be planted at the northwest corner of the site prior to receipt of a Certificate of Occupancy, to shield headlights from the residential subdivision to the north; 6. Any other land uses proposed in the future, other than Northwest Electrical Supply and CrossFit Fire, must comply with the provisions in the CO-5 Zoning District and other zoning ordinance requirements, such as parking, in order to be permitted without coming back to the Planning and Zoning Commission and City Council for additional approvals; 7. A "One-way or Do Not Enter" sign should be posted where the parallel parking spaces are located adjacent to the northern building (at the western edge of the building currently proposed for CrossFit Fire — on the south edge of the driveway isle); and 8. Staff shall investigate the requirement and potential location for a handicapped parking space to serve the proposed building to the north of Northwest Electrical Supply, to be utilized by people patronizing CrossFit Fire. Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. APPROVAL OF A USE VARIANCE TO ALLOW APARTMENTS/MULTI-FAMILY DWELLINGS ON LOTS 6-11 AND 17 IN THE PRAIRIE POINTE BUSINESS PARK City Administrator Morefield informed Council that the Prairie Pointe Business Park ("Prairie Pointe"), located on south Route 31 at its intersection with Veterans Parkway, is subject to an Annexation Agreement, which was approved in 2003 and amended in 2008. Prairie Pointe was part of the 90-acre former Krumholz Farm. Morgan Hill Townhome Subdivision was built to the south of Veterans Parkway and the balance of the site was zoned and planned for commercial and business park development west and north of Morgan Hill Subdivision. The total business park site is 54.26 acres having frontage along Illinois Route 31 and Veterans Parkway. The property, currently zoned C-5 Highway Commercial District, consists of 21.65 total acres along Illinois Route 31, as well as 6.70 acres along the interior of the business park east of Illinois Route 31. Business Park zoning is in place along Veterans Parkway and adjacent to the Tonyan Industrial Park. A portion of Prairie Pointe was resubdivided in 2005 for the purpose of constructing the former Family Services building, which is currently occupied by Pioneer Center and located to the east of the subject property on Lot 16. On December 2, 2008, the Community Development Committee considered a conceptual land use proposal for a portion of Prairie Pointe. The proposed development included: Regular Meeting Page 11 July 21, 2014 • Ten apartment buildings; • A banquet and conference center, • Corporate childcare center; and • Climate -controlled storage facility. The subject property (Lots 6-11 and Lot 17) has remained vacant since being annexed in 2003 and the entire north side of Prairie Pointe has been developed with one building. Apartment land uses and rental housing have come to the forefront in terms of being in high demand for multiple reasons including: • The number of home foreclosures; • Affordable housing is highly sought for all types of workers; • Stringent home lending; and • Commercial lending restrictions. The petitioner is seeking a use variance as a result of this market demand. He has received interest from apartment developers to construct apartments on the subject property and to potentially spur more commercial development, not only with Prairie Pointe but on the south side of the City. The use variance would allow the potential development of multi -family housing conditioned on any future developer returning to the Planning and Zoning Commission and Council when a specific land Ian has been developed and can be evaluated. The applicant is p p p pp seeking leverage in order to induce a developer to make an initial investment to pursue multi- family development on the site. The proposed use variance, if approved, would provide some indication of the City's willingness to support this type of land use on the subject property. City Administrator Morefield stated that a use variance would not change the underlying zoning of the property, but adds another level of marketability. The subject property has been vacant for 11 years. Staff supports the proposed use variance to allow multi -family dwellings on the subject property. City Administrator Morefield advised Council that Mr. Scott Dixon of Prairie Pointe Land Development Corp. and Tom Zanck, of Millitello Zanck & Coen, are in attendance to answer any questions. Alderman Wimmer opined that the use variance allows some flexibility to market the property. He stated that he has no concerns as Council would still review any proposed project moving forward. Alderman Peterson concurred. Alderman Condon stated she is excited to see the project coming forward. Alderman Santi concurred, although he voiced some concern about increased traffic. Regular Meeting Page 12 July 21, 2014 Alderman Glab voiced concerns that the City continues to change the zoning. He opined the City of McHenry is going to end up with an overabundance of residential use areas. Alderman Schaefer opined it is a good mix for the property and he has no issues with the use variance. Alderman Blake stated that he supports the use variance and likes the conditions that are included by the Planning and Zoning Commission. Motion by Wimmer, seconded by Schaefer, granting the use variances to allow apartments/multi-family dwellings on Lots 6-11 and Lot 17 in the Prairie Pointe Business Park. Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. MAYOR STATEMENT AND REPORT Mayor Low noted that the City recently completed 10 days of Fiesta Days. She stated that City employees were phenomenal and a good time was had by all. Mayor Low informed Council that the City Band Concerts continue this Thursday at 7:30 pm. She noted that on August 7, Larry Breidenbach would be performing songs from the Great American Songbook and on August 14, the City and Downtown Business Association would co- sponsor a performance by New Odyssey Band. Mayor Low informed Council that Rotary Noon Club — Blues, Brews & BBQ will take place in Petersen Park beginning on August 1, 2014 including a concert by John Todd Band. The event will continue through Sunday, August 3, 2014 when the BBQ judging takes place. COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS Deputy City Administrator Hobson informed Council that the McHenry Pigtail Fast Pitch Frenzy will be taking place the entire week. Deputy City Administrator Hobson announced that Green Street Cruise Night on Monday, August 4, 2014 from 6:00 pm to 8:30 pm is "Ladies Night." The event takes place in the Municipal parking lots and McHenry Savings Bank parking lots on Green Street. Regular Meeting Page 13 July 21, 2014 FUTURE AGENDA ITEMS Alderman Glab stated that he received a copy of Geri Davis's letter and doesn't understand why they were denied a copy of the plans. As an elected official, Alderman Glab requested a copy of the plans citing the Freedom of Information Act. City Attorney McArdle stated the Davis's request for a copy of the plans is currently under review by the Office of the Attorney General. He noted that the exemption regarding sharing the plans favors the homeowner. City Attorney McArdle stated that if Alderman Glab would like a.copy of the plans he is required to submit a Freedom of Information Request, working within the same parameters as everyone else. Alderman Glab stated he is flabbergasted that information has been denied to an Alderman. ADJOURNMENT Motion by Condon, seconded by Wimmer, to adjourn the meeting at 7:42 pm. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Condon, Peterson. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 7:42 pm. Mayor iu- C 00 City Clerk