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HomeMy WebLinkAboutMay 25, 1989 COW Committee of the Whole Meeting May 25 , 1989 Page 1 Mayor VanDeVoorde called the meeting to order at 6 : 35 p.m. , in the Council Conference Room. Members present : Councilmen Fox, Gilliam, Moylan, Popple, Shales , Walters and Mayor VanDeVoorde. Absent : None. Consideration of a request for additional water service from Sleepy Hollow. Council reviewed the following request : The Village of Sleepy Hollow would like to add a second connection to the City of Elgin Water System at the north limits of the water system on Sleepy Hollow Road and seeks your approval per Section 3 of the contract . The Village of Sleepy Hollow would like to increase the contractural maximum volume of water that Elgin currently delivers to Sleepy Hollow from 800 ,000 gallons per 24 hour period to 1, 500,000 gallons per 24 hour period per Section 1 of the contract . The Village of Sleepy Hollow would like to increase the maximum rate of delivery from 750 gallons per minute to 1500 gallons per minute per Section 1 of the contract . A majority of the Council felt this matter should be negotiated by members of the Elgin staff and one Council member. Staff is to keep in mind the costly water distribution study, which was just completed. The Council also indicated they felt the City of Elgin' s water supply must be adequate to serve our citizens , before selling water to other communities . Councilwoman Popple made a motion, seconded by Councilman Fox to appoint Councilwoman Moylan to serve with staff in negotiations with Sleepy Hollow. Yeas: Councilmen Fox, Gilliam, Moylan, Popple , Shales , Walters and Mayor VanDeVoorde. Nays: None. Consideration of a Report Concerning the Paving Conditions Study. Council was furnished with a management report providing street paving improvements by year, with an optimum cost method. Consideration of a proposal for a playground in Lord' s Park. The City Manager reported to the Council the proposed equipment in Lord' s Park will be comparable to that installed at Wing Park. Specifications have been prepared and bids i Committee of the Whole Meeting May 25 , 1989 Page 2 I will be presented for awarding at the June 28th or July 5th Council meeting. Consideration of a recommendation to initiate amendments to the Zoning Ordinance. Staff furnished the following recommendations to restrict the establishment of motor vehicle/open sales lots . I 1. Eliminate motor vehicle sales as a permitted use within a B-3 District . The purpose of this provision is to eliminate the confusion between motor vehicle sales , which are permitted within a B-3 District and open sales lots , which are a special use within a B-3 District . As all motor vehicle sales involve the outside display and storage of motor vehicles , the inclusion of such a use as a permitted use within a B-3 District is in conflict with those provisions which mandate that any outdoor display and sales requires a special use permit . 2 . The Zoning Ordinance should be amended to provide that no outdoor display or sales can be conducted as accessory use to a principal use. This is prevent the establishment of a principal use with the inclusion of outdoor display and sales as allegedly incidental to such principal use. 3 . The definition of open sales lot should be amended to provide design criteria which should include , but will not necessarily be limited to, minimum lot sizes and setbacks from residential areas . Councilman Fox made a motion, seconded by Councilman Walters to approve staff recommendations and to proceed to initiate an application for said zoning amendments. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales , Walters and Mayor VanDeVoorde. Nays : None. Consideration of recommended 1992 rates at the Hemmens Auditorium. The proposed rates indicate an average increase of 5 . 3% from 1991 to 1992 . Councilwoman Moylan made a motion, seconded by Councilman Gilliam to approve the proposed 1992 rates for the Hemmens Building. Yeas: Councilmen Fox, Gilliam, Moylan, Popple , Shales , Walters and Mayor VanDeVoorde. Nays: None. Consideration of an agreement with Elgin Academy for maintenance of Old Main. Committee of the Whole Meeting May 25 , 1989 Page 3 Councilwoman Shales made a motion, seconded by Councilman Fox to approve the proposed agreement with Elgin Academy, which provides for the payment by the City to the Academy in the amount of $950. 00 per year. Yeas: Councilmen Fox, Gilliam, Moylan, Popple , Shales , Walters and Mayor VanDeVoorde . Nays: None . Consideration of the impact of improvements at Judson College, on City Facilities . In the agreement between Judson College and the City when the water treatment plant was built , the City received an easement across the Judson property for the water intake line outflow systems and a roadway. As part of the plant development , a line providing for temporary overflow from filter wash water operations was extended part way across City property and the effluent from roof drains and storm drainage and the overflow was allowed to follow natural contours across Judson property. These contours were not within the easement and have created a swale across property which is being developed by Judson for a parking lot for the new facility being built . Staff states the best alternative would be to cooperate with Judson in the extension of the street running down from the water plant to the intake. Providing for curbs and gutters and a paved street containing the flow to the point where it is able to enter the natural drainage within the City's easement . Staff has requested the Judson engineers to design the improvements and provide an estimate of cost for our concurence. The City Manager stated that if the Council approved the staff ' s recommendations , he would bring back the cost figures, which he estimated to be between $10 ,000 and $15 ,000. Councilwoman Moylan made a motion, seconded by Councilman Gilliam to approve the staff recommendations, to have staff continue to negotiate with Judson. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales , Walters and Mayor VanDeVoorde. Nays: None. Consideration of a Report with regard to the River Trail. Staff furnished the following dimensions of existing bike paths affecting Elgin: Committee of the Whole Meeting May 25 , 1989 Page 4 In Elgin the width of the bike path right-of-way ranges from 60 to 150 feet . The paved paths range from 8 to 10 feet in width. The bike path plans for Prairie Street to National Street indicate the average right-of-way widths as follows : North 1/3 - 60 feet Middle 1/3 - 90 feet South 1/3 - 150 feet The paved path itself is 10 feet wide. From Slade Avenue north to the McHenry County Line, the average right-of-way is 100 feet and the paved path is 8 feet wide. The spur being developed by Kane County from the toll bridge west to the Tyler Creek Forest Preserve has a right- of-way of approximately 60 feet wide and a paved surface of approximately 8 feet wide. Further consideration of Liquor Ordinance Amendment . I Councilwoman Popple proposed the following changes to the Elgin Liquor Ordinance, after conversations with Peter Carlson of the Illinois State Liquor Commission and Virginia Cassen, Village Clerk of Oak Park: The Elgin Code would be amended to delete the reference of 30 as the number of A and AA licenses available. Instead, the following wording would be substituted: "No license shall be issued pursuant to the provisions of this Chaper, except after review by the Liquor Commission based on specific applications for such a license. After reviewing .an application for license, the Liquor Commission shall report its findings and recommendations to the City Council, stating whether it is in the best interests of the City to create a license in a particular category to be granted to the application. If the Council determines it is in the best interest of the City that such license be issued, a license shall be created by manedment to the appropriate subsection and said license shall then be issued to the applicant . " Prior to creating a liquor license , there shall be a public hearing held after due notice, by publication. At such hearing, both applicant and public may present testimony as to whether said license meets the following criteria: Committee of the Whole Meeting May 25 , 1989 Page 5 A. Is deemed necessary for the public convenience at that location; and B. Is so designed, located, and proposed to be operated that the public health, safety and welfare will be protected; and C. Will not cause substantial injury to the value of other property in the neighborhood in which it is located; D. Nothing in this code shall permit issuance of any new license that does not meet the requirements of then current city codes, in cluding but not limited to Title 9 , Health & Safety, Title 16 , Building and Construction, and Title 19 , Zoning. As of current date, no new licenses shall be issued to stores affiliated with gasoline operations or convenience , all-night stores. As such licenses are retired, they shall cease to exist . No new AA licenses shall be issued permitting tavern and package sales. As such licenses are retired, they shall cease to exist . Councilman Gilliam (who also attended the meeting with the Oak Park Village Clerk) stated he felt there were too many licenses now. He did not mean the present establishments should be closed down, but the City needs to put a cap on the future issuance of licenses. Councilman Gilliam further stated he had a real concern with putting taverns in residential neighborhoods . Mayor VanDeVoorde stated some of the Oak Park regulations were not comparable to Elgin because Oak Park is not a growing community, as is the case with Elgin. Councilman Gilliam stated he was aware the proposal would need to be worked on, and at this stage it was only a proposal. Councilman Walters stated he thought the Liquor Commission should retain the discretion in issuing licenses and he did not think it was a good idea for the Council to hear each license application. Councilman Walters further stated that for the last two years the Liquor Commission has been looking into zoning, and compliance with any and all City Codes . This procedure is done before the liquor license application is considered by the Commission. The Commission also employs this procedure when looking at liquor license renewals, which has disclosed a number of legal non-conforming uses, where a license has been in place for many years . Committee of the Whole Meeting May 25 , 1989 Page 6 Councilwoman Shales stated she thought the Council should review all new liquor license applications . Mayor VanDeVoorde stated the Liquor Commission, now consisting of Councilmen Fox and Walters , and himself, have not had the opportunity to meet with Peter Carlson, and they would like to have Mr. Carlson in for a meeting with them before any further action is taken on the aforesaid proposal. Councilman Gilliam made a motion, seconded by Councilwoman Moylan to refer this matter back to the Liquor Commission for their further recommendations on the proposal submitted tonight . Yeas: Councilmen Fox, Gilliam, Moylan, Popple , Shales , Walters and Mayor VanDeVoorde. Discussion re 4 :00 A.M. Liquor License. Councilwoman Shales made a motion, seconded by Councilman Gilliam to terminate the 4 :00 A.M. License as of July 1, 1989. Attorney Kevin McCarty, representing the Boulevard Tap, statedthis establishment has improved their building and lot , they are supporting 20 athletic teams , they are now participating in the Bassett Program, and have tried to cooperate with the authorities in everyway. Seventy percent of their business is from 11:00 p.m. , to 4 :00 a.m. . The licensee has expended a large investment in the establishment . Mr. McCarty requested that the Council consider extending the 4 :00 a.m. , license for at least another year. This would give the licensee the time to change the format of his business. The licensee would close at 11:00 p.m. , on Sundays and would discontinue promotions on Thursday nights. The owners of the Blue Moon requested the 4 :00 a.m. license be retained for Thursday, Friday and Saturday nights . Councilman Gilliam stated this late license has not worked and needs to be eliminated, but he felt the licensees should be given some notice. Councilman Gilliam further stated he was not willing to extend the license for a whole year, but he would consider extending it to January 2 , 1990 . Councilwoman Shales stated she would be willing to extend it to January 2 , 1990 , and she would withdraw the original motion. Councilman Gilliam stated he would withdraw his second to the motion. I Committee of the Whole Meeting May 25 , 1989 Page 7 Councilwoman Popple made a motion, seconded by Councilman Gilliam to suspend the 4 :00 a.m. license as of July 1, 1989 , and to grant a 3 :00 a. .m. license to be in effect until January 2 , 1990. This license would only be issued to the two businesses who currently have a 4 :00 a.m, license , namely, the Blue Moon Restaurant and Boulevard Tap. Yeas: Councilmen Fox, Gilliam, Moylan, Popple , Shales and Walters. Nays: Mayor VanDeVoorde. Councilwoman Popple made a motion, seconded by Councilman Gilliam to reduce the late hour license to $600 .00 , which is half the cost of the original license fee. Yeas : Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. An ordinance covering the aforementioned directives to be prepared for the June 14th Council Meeting. Consideration of a proposal from the attorney of Max and Marge ' s with regard to annexation petition 73-88. Attorney Al Anderson, representing Max and Marge ' s Inc. , made the following requests : That the Council delete the property from the present annexation petition and allow it to continue its present operation until such time as the City' s control of the property is necessary. As demonstrated in the transcript of the public hearing this establishment has not been a user of City services nor a burden to the City of Elgin. That in the alternative, if the annexation must proceed, have it provide the City would permit the continued operation of the tavern with a 4 :00 a.m, liquor license for no more than 2 years beyond the annexation date Councilwoman Shales stated she would not vote in favor of granting this license any different terms than were granted to Elgin ' s two existing establishments . Councilwoman Moylan made a motion, seconded by Councilman Gilliam to proceed with the annexation, granting this establishment the 3 :00 a.m. , license , which will terminate on January 2 , 1990. Yeas: Councilmen Gilliam, Moylan, Shales and Walters. Nays: Councilmen Fox, Popple and Mayor VanDeVoorde. Consideration of a recommendation from the Board of Health with regard to an ordinance regulating smoking. Councilwoman Popple made a motion, seconded by Councilman Fox to approve the proposed Ordinance regulating smoking, Committee of the Whole Meeting May 25 , 1989 Page 8 Yeas: Councilmen Fox, Gilliam, Moylan, Popple, and Shales . Nays: Councilman Walters and Mayor VanDeVoorde. Councilman Fox made a motion, seconded by Councilman Gilliam to have this Ordinance effective January 2 , 1990 . Yeas : Councilmen Fox, Gilliam, Moylan, Popple, Shales and Walters. Nays : Mayor VanDeVoorde. Retreat Discussion Councilwoman Shales furnished a memorandum to the Council, in which she requested that two items be placed on the Retreat agenda for discussion: ( 1) Crime and ( 2 ) Traffic. I Adjournment Councilman Gilliam made a motion, seconded by Councilwoman Shales to adjourn the Committee of the Whole Meeting to go into Executive Session to discuss litigation, property acquisition, and personnel. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde . Nays: None. The meeting adjourned at 9 : 55 p.m. Marie Year n, City Clerk