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HomeMy WebLinkAboutMinutes - 10/21/2013 - City CouncilMCHENRY CITY COUNCIL REGULAR MEETING October 21, 2013 The regular meeting of the McHenry City Council was called to order by Mayor Susan Low at 7:30 PM on Monday, October 21, 2013, in the Municipal Center Council Chambers. Mayor Low asked to call the roll: COUNCIL MEMBERS PRESENT: Aldermen Geoff Blake, Geri Condon, Andy Glab, Robert Peterson, Victor Santi, Jeffrey Schaefer, Richard Wimmer, and Mayor Susan Low. COUNCIL MEMBERS ABSENT: City Clerk Janice Jones. STAFF PRESENT: Deputy City Administrator Doug Martin, Deputy City Administrator Bill Hobson, Public Works Director Jon Schmitt, McHenry Police Commander Thomas Walsh, City Attorney David McArdle, and Executive Assistant Marci Geraghty. Members of McHenry Boy Scout Troop 149 led those present in the Pledge of Allegiance. PUBLIC INPUT SESSION Mary Bishop, DVM, McHenry, IL addressed the Council regarding her desire for the city to offer local businesses sponsorship opportunities for McBark Park. Ms. Krista Thompson, Johnsburg, IL provided the Mayor with a petition collected online requesting a reduction in the annual membership for McBark Park. CONSENT AGENDA Motion by R. Wimmer, second by J. Schaefer to approve the Consent Agenda as presented. A. Request for temporary use permit from Tree of Life Unitarian Universalist Congregation, 4503 W. Bull Valley Road, to hold a service auction to benefit local not -for -profit agencies on November 2nd from 7:00 PM to 10:00 PM; B. August 19, 2013 City Council meeting minutes; and C. List of Bills: A & R ELECTRIC SERVICES 260.00 ADAMS ENTERPRISES INC, R 226.36 ADAMS STEEL SERVICE INC 616.83 AKERS, DIANE 25.06 AMERICAN HEATING & COOLING 1,780.00 AMERICAN RED CROSS 27.00 ANDERSON, JOSEPHINE 169.00 ARAMARK 357.94 AT&T 1,871.12 AT&T LONG DISTANCE 181.32 B&W CONTROL SYSTEMS INTE 1,281.61 BARRINGTON TRANSPORTATION 745.50 BETTS, JEANETTE 169.00 BLOOMS & ROOMS 240.00 BUSS FORD SALES 317.86 CABAY & COMPANY INC 231.20 CHICAGO INTERNATIONAL TR 3,474.70 CHRISTENSEN-TUMILSON, VI 44.25 CINTAS CORPORATION LOC 3 526.98 COMCAST CABLE 397.96 COMED 19,552.81 CONNEY SAFETY PRODUCTS 176.31 CONSTELLATION NEWENERGY 35,280.95 u CRESCENT ELECTRIC SUPPLY 267.04 CUTTING EDGE COMMUNICATION 1,067.00 D'ANGELO NATURAL SPRING 65.00 DEWBERRY ARCHITECTS INC 22,780.30 DURA WAX COMPANY INC, TH 115.80 McHenry City Council October 21, 2013 Page 2 of 7 ED'S AUTOMOTIVE/JIM'S MU 194.50 ED'S RENTAL & SALES INC 258.90 EJ USA INC 260.76 FAST EDDIES CAR WASH 164.45 FELLINGER, DIANNE 338.00 FISCHER BROS FRESH 31597.88 FLESCH COMPANY INC, GORD 106.27 FOXCROFT MEADOWS INC 797.80 FURST CONCRETE SOLUTIONS 2,500.00 FUTURE LINK OF ILLINOIS 13,231.50 GALLAGHER RISK MANAGEMENT 30.00 GETUM INC 420.00 GROWER EQUIPMENT & SUPPL 863.95 HAWKINS INC 1,459.41 HEARTLAND SERVICES INC 168.18 HUTCHINSON, TAMSIN 425.00 HYDRAULIC SERVICES AND R 160.90 ILLINOIS FIRE & POLICE 375.00 ILLINOIS STATE POLICE ' 300.00 ILLINOIS TACTICAL OFFICE 295.00 INTEGRA BUSINESS SYSTEMS 66.75 J2 SOFTWARE SOLUTIONS LL 5,812.00 JENSEN SALES CO INC, LEE 43.52 JENSEN, TED 751.96 KIMBALL MIDWEST 518.09 KIRCHNER FIRE 177.50 L&S ELECTRIC INC 7,130.00 LAKESIDE PEST CONTROL SE 110.00 LEACH ENTERPRISES INC 17.94 LEISTEN, RICK 59.94 LEXISNEXIS 111.50 LILLEENG, MICHAEL D 2,500.00 MARATHON TOWING 186.00 MARKS TREE SERVICE & SNO 800.00 MARTIN, DOUG 59.00 MCHENRY ANALYTICAL WATER 1,355.00 MCHENRY COUNTY RECORDER 520.00 MCHENRY FIRESTONE 1,283.37 MENARDS - WOODSTOCK 207.93 MERWIN, BENJAMIN J 800.00 MEYER MATERIAL COMPANY 73.35 MID AMERICAN WATER OF WA 584.20 MIDWEST HOSE AND FITTING 479.58 MILLER, ROBERTA 169.00 MOREFIELD, WILLIAM DERIK 81.94 MUNICIPAL COLLECTION SER 19.58 NAPA AUTO PARTS MPEC 1,621.68 NCL OF WISCONSIN INC 780.37 NEUMANN JR, EDWARD J 500.00 NORTHERN ILLII IIOS WINTER 375.00 O'GRADY, JENNIFER 80.00 OTTOSEN BRITZ KELLY COOP 448.50 PALA, JOSIE 102.00 PALMER, MIKE 147.16 PESEK, ROSEMARY 338.00 PETROLIANCE LLC 11,492.37 PETROW, STEPHANIE S 80.00 PETTIBONE & CO, P F 849.56 PITEL SEPTIC INC 637.50 PORTER, DAVID 8.58 PRIME TACK & SEAL CO 1,149.82 PROSAFETY INC 181.95 PSP-BROOKFIELD 351.02 PUCHALSKI GOODLOE MARZUL 2,852.30 RANDOLPH, WILLIAM A 225.00 REID, MARY 338.00 RELIABLE OFFICE SUPPLIES 146.43 RELIABLE SAND & GRAVEL 144.50 RESERVE ACCOUNT 838.90 REX AUTO BODY 974.85 RIMER MAUREEN 55.00 RIVERSIDE BAKE SHOP 85.66 ROC CONSTRUCTION SUPPLY 93.78 SAM'S CLUB 471.84 CHATZ, DONALD 195.00 SCIAME, RYAN 750.00 SECRETARY OF STATE / POL 101.00 SECRETARY OF STATEIINDEX 10.00 SHERMAN MECHANICAL INC 1,862.18 SIGN A RAMA 75.00 STANDARD INDUSTRIAL & AU 34.50 STANS OFFICE TECHNOLOGIES 179.00 McHenry City Council October 21, 2013 Page 3 of 7 STAPLES ADVANTAGE 292.38 STATE FIRE MARSHAL 125.00 SUNNYSIDE COMPANY 30.00 THIRD MILLENNIUM ASSOCIA 3,650.00 TOBIN, TRACY 218.00 US BANK EQUIPMENT FINANCE 135.00 VALLEY VIEW ACRES 255.00 VANLANDUYT, CHRIS 139.75 VERIZON WIRELESS 1,728.16 WASTE MANAGEMENT 3,580.00 WASTE MANAGEMENT OF WI P 3,973.22 WATER SOLUTIONS UNLIMITED 5,300.00 WINN, DENISE 169.00 XYLEM WATER SOLUTIONS US 185.99 ZUKOWSKI ROGERS FLOOD & 24,790.00 ZUMWALT, JACK D 16.00 GRAND TOTALS 215,278.50 FUND TOTALS GENERAL FUND 94,610.36 TIF FUND 2,287.50 RECREATION CENTER FUND 22,780.30 WATER/SEWER FUND 67,406.60 MARINA OPERATIONS FUND 73.35 RISK MANAGEMENT FUND 1,821.89 INFORMATION TECHNOLOGY FUND 19,756.20 RETAINED PERSONNEL ESCROW 3,690.00 POLICE PENSION FUND 2,852.30 TOTALS 215,278.50 Mayor Low asked to call the roll: Ayes: Wimmer, Schaefer, Blake, Peterson, Condon, Santi, Glab Nays: None Abstentions: None Absentees: None Motion carried. REQUEST FOR A USE VARIANCE FROM TITLEMAX OF ]LLINOIS TO ALLOW A FINANCIAL INSTITUTION in C-5 ZONING DISTRICT AT 4405 WEST ELM STREET. Mark W. Daniel, Esq. and Mr. Jeff Cermak representing TitleMax of Illinois, Inc were present at the podium. Deputy City Administrator Martin began the discussion and told the City Council TitleMax of Illinois, Inc. whose parent company is in Georgia is proposing to open a financial institution at 4405 West Elm Street. The property is owned by Mr. Bernie Matchen and is the former site of Bernie's Garage and Diner, Bacci Pizzeria, Riviera Pizzeria and most recently Route 120 Hotdogs N'More. Currently, the property has been vacant for less than one-year and is located in a C-5 zoning district. Mr. Martin explained in 2004, the City Council passed an ordinance prohibiting financial institutions in C-5 zoning districts. To allow this type of use at this site, the petitioner must prove a hardship exists at the subject property to justify the proposed land use and an ordinance granting a use variance must be passed by the City Council. In 2012, the Council found sufficient hardship and approved a use variance to allow a fmancial institution at 4509 West Elm Street for Mid -West Title Loans. While there are similarities between the two properties, Mr. Martin explained there are notable differences between the two sites. The building at 4509 West Elm Street was vacant for several years and although the lots for both properties are fairly deep (north -south), 4509 is 200 feet deeper, more narrow, and the building is setback further from the roadway as compared to 4405. _ An application was made to the Planning and Zoning Commission by the petitioner TitleMax of Illinois, Inc. and a public hearing was held on September 19, 2013, at which time the commission unanimously recommended approval of a use variance requested for this site. However, Mr. Martin declared staff does McHenry City Council October 21, 2013 Page 4 of 7 not believe a hardship exists that would justify the proposed land use and is not convinced the property could not develop a reasonable return if restricted to other land uses permitted in the C-5 zoning district; consequently, staff recommends denial of the request before the Council this evening. J. Schaefer made a motion, seconded by R. Wimmer to approve an ordinance authorizing a use variance to permit a financial institution in a C-5 zoning district for the property located at 4405 Wes Elm Street. Mayor Low offered those representing TitleMax Illinois, Inc. an opportunity to address the Council and opened the floor for discussion. Mr. Daniel, attorney representing TitleMax Illinois, Inc. relayed to the City Council the reoccurring difficulties Mr. Matchen has had with tenants and vacancy issues and pointed out to the Council the ZBA found sufficient hardship exists at this property. The lot is narrow and long and limits the types of practical uses for the building. TitleMax is not a pawnbroker. The business lends money to people from all walks of life who cannot obtain a traditional loan using their vehicles as collateral. The money is lent at a higher rate than credit cards to encourage repayment as soon as possible. TitleMax does not repossess cars and cars are not kept on site. Mr. Daniel said this type of lender serves a purpose in the current state of the economy. Alderman Schaefer stated a use variance for this site is a good solution for the property as we already have a competing business in the area. TitleMax is a national chain and he has no issues with moving forward with the request. Alderman Blake stated he is considering staff s recommendation to deny the request and he is aware TitleMax is not a bank however he would like to hear more discussion before he makes a decision. Alderman Wimmer noted the Council changed the ordinance to prohibit financial institutions in the C-5 zoning district to prevent businesses that generate no sales tax revenue for the city from occupying prime commercial sites. Alderman Wimmer asked for the names of other financial institutions denied occupancy in the C-5 district since the ordinance was changed and Mr. Martin said he could not think of any. Alderman Peterson asked how staff made the determined that no hardship exists. Mr. Martin answered the property has been vacant for less than one year and does not meet all the criteria in Table 32-A of the Zoning Ordinance. Alderman Peterson remarked this site seems like a bad spot for locally owned businesses. Alderman Condon corrected Mr. Daniel's use of the acronym ZBA stating the hearing on September 19t' was before the Planning and Zoning Commission. Alderman Condon added she voted no when the use variance for 4509 West Elm Street was before the Council in 2012 and she is not in favor of granting a use variance before the Council this evening. She further stated she read through the staff report thoroughly and although the PZC recommends granting the use variance, she agrees with staff this property does not meet the hardship requirements and therefore she cannot support this request. Alderman Santi asked if TitleMax has already purchased the property and how long have they been in business. Mr. Daniel said the property will be sold to another owner and TitleMax will hold a lease for 10 years with an option for a five year extension; and, they have been in business for 12 years with approximately three business in the Chicagoland area and 1200 locations in 12 states. Alderman Santi questioned Mr. Martin about other potential renters for this property and Mr. Martin advised he was not aware of any at this time. McHenry City Council October 21, 2013 Page 5 of 7 Alderman Glab aired he finds it difficult to see something other than a fast-food type of business at this site. He recalls when the ordinance was approved prohibiting financial institution in C-5 and expressed the city needs to redevelop the Route 120 corridor west of the tracks; this type of use does not fit in the Comprehensive Plan; and, this use should not be approved just to fill the building. Attorney MCArdle asked if Mr. Matchen still owns the property and Mr. Daniel answered yes. He then asked who Mr. Matchen was selling the property to and Mr. Daniel stated Jack McGary who owns Family Dollar is the buyer and the contract is contingent upon tonight's action. Alderman Santi asked how many restaurants have previously occupied the site. Property owner Mr. Matchen responded from the audience and said six. Alderman Santi expressed concern that another restaurant may not survive in this spot. As there was no further discussion by the City Council at this time, Mayor Low recognized Mr. Daniel and Mr. Cermak and gave them permission to address the Council. Mr. Daniel noted Alderman Santi's last comment about another restaurant at this site potentially failing proves his point that a hardship exists. The site is too narrow for a drive-tbru. If a drive-thru were to be installed it would take up 18-feet of the parking lot, exclude parking on that entire side of the building, and there would be no room for a drive-thru aisle on the other side of the building because of parking requirements. A standard fast-food franchise building would not fit on the lot.. The comprehensive plan has four or five areas of focus around town and we could not pinpoint any for this use. The hardship is trying to get a different use on this property. This is one of two very narrow parcels on the block. The site at 4509 West Elm has more parking than 4405. This is not a prime commercial spot in town. The Planning and Zoning Commission recognized the hardship and Mr. Daniel suggested all the documents from the Planning and Zoning Commission meeting should have be made available to the Council. Alderman Blake asked if TitleMax was a bank and Mr. Daniel said technically no; TitleMax is a non - banking financial institution. Mr. Daniel said TitleMax will create no interruption or disturbance for the business community on that block. Alderman Glab said he does not think a financial institution should be located on this site adding the Comprehensive Plan is a plan for the future; we need to look at our Route 120 corridor all the way west; and, we need proper planning for the future. Putting TitleMax in-between fast food restaurants is not considered in the plan and added a fast-food restaurant with a good reputation could be successful at this location. Alderman Schaefer noted six restaurants in this site have failed; a national chain needs a drive-thru facility and this lot is not conducive for a drive-thru. He does not think a fast-food business could be successful on this site. TitleMax would be a user with low impact with not a lot of cars and people on site. Alderman Condon stated national chains such as Jimmy Johns may be interested in the site. She also said she has no problem with TitleMax as a business however she does not think it is the right fit for this property. Alderman Condon then expressed her dismay with Mr. Daniel's implication that staff did not provide the City Council with all documentation regarding this matter and assured Mr. Daniel all materials were provided to the Council and she has read all of them -Alderman Condon noted these are terrible economic times and hardships exist for all property owners however we need to determine if the r site creates a hardship; not the property owner's hardship. As the Council has no further statements to make, Mayor Low recognized Mr. Daniel and offered him an opportunity to make a final statement to the Council. McHenry City Council October 21, 2013 Page 6 of 7 Mr. Daniel reiterated his statement to the Council and urged them to review the Planning and Zoning Commission's recommendation adding he meant no attack on staff s abilities. Mayor Low reminded Mr. Daniel the City Council was given all documentation relating to this matter one week prior to the meeting. Mr. Daniel expressed his opinion that it is the Council's responsibility to consider the Planning and Zoning Commission's unanimous recommendation to grant this use variance. Mayor Low asked to call the roll: Ayes: Schaefer, Peterson, Santi Nays: Wimmer, Blake, Condon, Glab Abstentions:. None Absentees: None Motion failed. MAYOR STATEMENT AND REPORTS Mayor Low announced her recommendation to appoint Nancy Fike to the McHenry Teardown Committee for the purpose of reviewing a proposal submitted by the homeowners at 3214 Golfview to demolish the single family home next door to their property (3208) for the purpose of constructing an 8,000 sq.R. addition to their home. The Teardown Committee is comprised of the Ward Alderman, Planning and Zoning Chair or designee, Landmark Commission Chair or designee, staff member from the Community and Economic Development Department, and a public member appointed by the Mayor with advice and consent from the City Council. G. Condon made a motion, seconded by R. Wimmer to approve the Mayor's appointment of Nancy Fike to the Teardown Committee. Mayor Low opened the floor for discussion. Alderman Peterson stated Ms. Fike is well-informed however he is concerned her ties to the neighborhood may prevent her from seeing both sides of the matter. Alderman Glab said he thinks Ms. Fike would be unbiased and it makes sense she would sit on the committee as she lives in the vicinity of the property in question. Mayor Low agreed stating Ms. Fike is a fair-minded person and acknowledged her past service to the community. Alderman Santi said he concurs with Alderman Peterson and reminded the Council of Ms. Fike's statements during the public input portion of the last Council meeting opposing the project. Alderman Condon affirmed she thinks Ms. Fike would be open-minded and she is an excellent choice for the commission. Attorney McArdle offered his impression of Ms. Fike saying he believes she is more concerned about the process of addressing the proposed demolition than the actual project. Mayor Low asked to call the roll: McHenry City Council October 21, 2013 Page 7 of 7 Ayes: Condon, Blake, Wimmer, Peterson, Sand, Glab, Schaefer Nays: None Abstentions: None Absentees: None Motion passed. The Mayor announced the Haunted Hayride and Jaycees Haunted House are underway and being enjoyed by many in the community. COMMITTEE REPORTS Alderman Blake announced the Public Works Committee met on October 15t' and the minutes are forthcoming. STAFF REPORTS None. FUTURE AGENDA ITEMS Alderman Peterson referred to a previous discussion regarding a proposed ordinance enforcing temporary refuse enclosures. Mr. Martin said the matter will be brought to a future City Council meeting for consideration. ADJOURNMENT Motion by R. Wimmer, second by R. Peterson, to adjourn the regular meeting of the McHenry City Council to the next regular meeting. Mayor Low asked to call the roll: Ayes: Wimmer, Peterson, Condon, Santi, Glab, Schaefer, Blake. Nays: None Abstentions: None Absentees: None Motion carried. Meeting adjourned at 8:25 PM. Respectfully submitted, M,;a5or Susan E. Low a Executive Assist t V #i Geraghty