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HomeMy WebLinkAboutMinutes - 12/21/2015 - City CouncilREGULAR MEETING December 21, 2015 Mayor Low called the regularly scheduled December 21, 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 and City Clerk Jones. Absent: City Engineer Pieper. CITY OF MCHENRY MISSION STATEMENT Mayor Low read aloud the Mission Statement of the City of McHenry. PUBLIC INPUT SESSION No one signed in to speak at Public Input. CONSENT AGENDA A. Transmittal of Fiscal Year 2015/2016 second Quarter Budget Report; B. Adoption of an MFT Resolution for the 2016 purchase of rock salt; C. Award of bid to Woodward Printing, in the amount of $10,857, for the 2016 Parks and Recreation Program Brochure/ City Newsletter printing services; D. Approval of As Needed Checks, in the amount of $160,093,98; and E. Approval of List of Bills, in the amount of $721,972.45. Responding to Alderman Curry's inquiry regarding what the projected excess is for year end, Director of Finance Lynch stated that it is difficult to project year end excesses, however, at this time the City is a few hundred dollars over budget. Motion by Wimmer, second by Schaefer, approving the Consent Agenda, as presented. Voting Aye: Santi, Glab, Curry, Schaefer, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MOTION TO APPROVE THE TRANSFER OF A CLASS F2 LIQUOR LICENSE PERMITTING THE RETAIL SALE OF PACKAGED LIQUORS FROM 7-ELEVEN, INC. TO MIDTOWN FOOD &LIQUOR, LOCATED AT 3808 WEST ELM STREET City Administrator Morefield informed Council that the 7-Eleven has sold its McHenry store, located at 3808 West Elm Street to Mr. Ahamad Samham. Mr. Samham is president of Best Mobile, Inc. and is open for businesses at the former 7-Eleven location under the name Midtown Food and Liquors. Mr. Samham is applying for a Class F2 liquor license, which is the same classification as the former 7-Eleven. City Administrator Morefield noted that the sale of the business took place on December 8, 2015, and since that time no liquor has been sold or stored at the site. The Class F2 liquor license authorizes the sale of alcoholic liquors in packages Regular Meeting Page 2 December 21, 2015 only for consumption off premises where more than 50% of the public sales area is devoted to the sale of goods and commodities other than alcoholic liquor. Because this is a transfer of a liquor license it is unnecessary that Council approve an Ordinance amending the Municipal Code relating to the number of Class F2 in effect. City Administrator Morefield informed Council that Mr. Samham will be managing the business. He is BASSET certified and conversant with the State of Illinois liquor control regulations. Mr. Samham has received a satisfactory fingerprint report from the McHenry Police Department, all required paperwork has been submitted and all fees have been paid. Motion by Curry, second by Peterson, granting a Class F2 liquor license to Best Mobile, Inc. d/b/a Midtown Food and Liquor, located at 3808 West Elm Street, as presented, with the condition that all employees involved in the retail sale of alcohol are certified in Beverage Alcohol Sellers and Servers Education and Training (BASSET). Voting Aye: Santi, Glab, Curry, Schaefer, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MOTION TO APPROVE A 5' (FIVE FOOT) HEIGHT VARIANCE AND A 2' (TWO FOOT) SETBACK VARIANCE FROM THE SIGN ORDINANCE FOR THE PROPERTY LOCATED AT 353 BANK DRIVE (MCHENRY SAVINGS BANK) Director of Economic Development Martin informed Council that McHenry Savings Bank, located at 353 Bank Drive, is seeking two variances from the Sign Ordinance. The first is to exceed the maximum height for a freestanding sign by five feet and the second is a reduction in the minimum setback required for a freestanding sign permitted, from five feet to three feet. Mr. Martin informed Council that the variances are required due to the roadway improvements on Illinois Route 31 and Bull Valley/Charles Miller Road. The base of both signs (existing and proposed is approximately 13.33 feet in width). As a result of the taking for the roadway improvements, the base of the existing sign protrudes approximately two feet into the new right-of-way. In order to utilize an existing portion of the sign base the applicant would like to rotate the new sign 180 degrees, which leaves the base two feet from the new right-of-way. The proposed variances are a direct result of a hardship imposed on the property due to the widening of the roadway at this location. Responding to an inquiry from Alderman Glab, Director Martin assured Council that the signage does not encroach on the 30-foot triangle. Responding to an inquiry from Alderman Schaefer regarding whether the solid bottom portion of the sign would impact sight lights, Director Martin stated that because of the positioning of the sign Staff did not believe that the view would be obstructed. Regular Meeting Page 3 December 21, 2015 Responding to an inquiry from Alderman Curry regarding whether there is sufficient room for the sign so it does not interfere with the sidewalk or roadway, Director Martin assured Council there was plenty of room for the sign and that it would not interfere with either a sidewalk or the roadway. Motion by Santl, second by Curry, granting the variances to the Sign Ordinance for 353 Bank Drive, consistent with the sign renderings, size, height and proposed use of the Eastern portion of the existing sign base, including: • Height variance of five feet; and • A setback variance of two feet. Voting Aye: Santi, Glab, Curry, Schaefer, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MOTION TO GRANT A TEMPORARY USE PERMIT TO ALLOW AN OPEN SALES LOT IN CONJUNCTION WITH MOTOR VEHICLE SALES AT 1112 N. FRONT STREET THROUGH FEBRUARY 28, 2016 Director of Economic Development Martin informed Council that in 2013 Mr. Randy Jeschke, owner of Next Auto Sales, was granted a Conditional Use Permit to allow an open sales lot at 3706 West Elm. Mr. Jeschke has been very successful at the location and is in the midst of moving his business to 1112 N. Front Street (the former Overton Cadillac Building), which exceeds 10,000 square feet and is a significant increase in lot and building size from Mr. Jeschke's existing location. Mr. Jeschke is seeking a Temporary Use Permit to allow an open sales lot, for leasing and sale of cars and small trucks in conjunction with his indoor showroom at the 1112 N. Front Street location, through February 29, 2016. Mr. Jeschke applied for a Conditional Use Permit for an open sales lot and parking variance at 1112 N. Front Street and was scheduled to appear before the Planning and Zoning Commission on December 16, 2015, however, notice was never published in the newspaper. Mr. Jeschke did send out certified letters to abutting property owners and posted a sign at 1112 N. Front Street, Director Martin noted that the item will appear on the December 16, 2015 agenda for the Planning and Zoning Commission, but will be continued to January 20, 2016. A notice will be published in the newspaper and a new sign will be posted reflecting the change in the meeting date. As a result, however, the applicant will be delayed one month creating the necessity for a Temporary Use Permit through February 29, 2016. Regular Meeting Page 4 December 21, 2015 Motion by Santi, second by Glab, approving the Temporary Use Permit to allow an open sales lot in conjunction with motor vehicle sales at 1112 N. Front Street through February 29, 2016. Voting Aye: Santi, Glab, Curry, Schaefer, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MOTION TO AWARD BID FOR CONSTRUCTION OF MUNICIPAL. CENTER IMPROVEMENTS PHASE I TO STUCKEY CONSTRUCTION COMPANY, IN THE AMOUNT OF $1no) ,000 Assistant City Administrator Hobson reiterated to Council that on April 6, 2015, Council approved the Mayor's execution of a Professional Services Agreement with FGM Architects for the design and bid document preparation for the first phase of the Municipal Center Improvements, which include the redevelopment of the existing Aldermans' Conference Room into the new point of service counter for the Municipal Center. On November 2, 2015, Council authorized Staff to advertise for bids. Fifteen bids were submitted and opened on November 24, 2015. Upon review of the qualifications and references provided, in the opinion of FGM Architects, Stuckey Construction Company is the lowest responsible bidder with a bid of $102,000. Assistant City Administrator Hobson noted that the bid presented by Stuckey Construction Company is less than the estimated construction cost of $111,127 to $131,019, proposed in the conceptual budget. Responding to an inquiry from Alderman Wimmer, Assistant City Administrator Hobson stated the start date would be the second week in January 2016. Motion by Schaefer, second by Santi, awarding the bid for Municipal Center Improvements Phase I to Stuckey Construction Company, for the amount of $102,000, as presented.. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MOTION AUTHORIZING THE MAYOR TO SIGN A RELEASE OF LENNAR CHICAGO, INC. FROM LETTER OF CREDIT OBLIGATIONS FROM A 20003 ANNEXATION AGREEMENT WITH CONCORD HOMES INC. AND FROM ALL FURTHER OBLIGATIONS UNDER THE ANNEXATION AGREEMENT RELATING TO THE MORGAN HILL AND PRAIRIE POINTE SUBDIVISIONS, NORTH AND SOUTH OF VETERAN'S PARKWAY; AND, ACCEPTANCE OF A REPLACEMENT LETTER OF CREDIT PROVIDED BY PRAIRIE POINTE LAND DEVELOPMENT CORPORATION Regular Meeting Page 5 December 21, 2015 City Attorney McArdle informed Council that Lennar Chicago, Inc. is requesting a release from the Letter of Credit Obligations from a 2003 Annexation Agreement with Concord Homes, Inc. and from all further obligations under the Annexation Agreement relating to the Morgan Hill and Prairie Pointe Subdivisions north and south of Veteran's Parkway. The Release includes a release of the existing $327,101 Letter of Credit held by the City of McHenry securing bike path, sidewalk and traffic signal installation costs. In exchange for the Release the Prairie Pointe Land Development Corp., is providing the City of McHenry with an Agreement to Assume Developer Obligations. If Prairie Pointe sells the parcels north of Veterans Parkway, it will only hold title to the southeast corner of Route 31 and Veteran's Parkway and no other assets. This Assumption Agreement will bind Prairie Pointe to construct the same improvements referenced above (i.e., bike path, sidewalk and traffic signal) when traffic warrants are met for the traffic signal at Route 31 and Veteran's Parkway. The Agreement will be secured by a replacement Letter of Credit in an amount of $418,000. Prairie Pointe will not be assuming the other obligations of the Annexation Agreement in general except as they relate to being the property owner of the southeast corner. City Attorney McArdle explained to Council that the terms of the Release are acceptable to all parties. The only remaining material obligations within the Annexation Agreement are: 1. The fees included within the Agreement for the unbuilt multi -family dwelling units within the Morgan Hill Subdivision, approximately 13, which are tied to the land for the remainder of the terms of the Annexation Agreement, which expires in 2023 and will be applicable and enforceable to any future developer of those units until the termination of the Annexation Agreement in 2023; and 2. A 1994 Recapture Agreement, which expired in 2004. Motion by Curry, second by Wimmer, authorizing the Mayor to sign a Release of Lennar Chicago, Inc. from Letter of Credit Obligations from a 2003 Annexation Agreement with Concord Homes, Inc., and from all further obligations under the Annexation Agreement relating to the Morgan Hill and Prairie Pointe Subdivision north and south of Veteran's Parkway; and, acceptance of a replacement Letter of Credit provided by Prairie Pointe Land Development Corporation. Voting Aye: Santi, Glab, Curry, Schaefer, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. MAYOR'S STATEMENT AND REPORT Mayor Low wished Council and Staff and their families a Merry Christmas, thanking everyone for their hard work throughout the year. Regular Meeting Page 6 December 21, 2015 COMMITTEE REPORTS There were no Committee Reports. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS Responding to an inquiry from Alderman Curry regarding when Council might expect a dialogue regarding the Committee of the Whole discussion concerning engineering, Mayor Low stated discussion is anticipated at the Annual Meeting in April 2016. ADJOURNMENT Motion by Wimmer, seconded by Curry, to adjourn the meeting at 7:35 pm. Voting Aye: Santi, Glab, Schaefer, Curry, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 7:35 pm. City Clerk