HomeMy WebLinkAboutMinutes - 11/12/1997 - City Council (2) REGULAR MEETING
NOVEMBER 12, 1997
The Regular Meeting of the McHenry City Council was called to order by Mayor
Cuda at 7:30 P.M. on Wednesday, November 12, 1997 in the Council Chambers of
the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab,
McClatchey, Murgatroyd, Baird. Absent: None. City Staff in attendance were: City
Administrator Lobaito, City Clerk Althoff, City Attorney McArdle, Director of Public
Works Batt, Chief of Police Joyce, City Planner Maggio. Absent: Director of Parks and
Recreation Merkel.
TEN MINUTE PUBLIC INPUT SESSION
No one signed in to speak during the Ten Minute Public Input Session.
CONSENT AGENDA
Motion by Murgatroyd, seconded by McClatchey, to approve the Consent
Agenda as follows:
(1) October 29, 1997 Regular City Council Meeting Minutes;
(2) Payment to Car-Min Contractors for Miscellaneous Sewerage Repairs in the amount of $79,375.78;
(3) Payment to Thelen Sand & Gravel for Main Street Parking Lot project in the amount of $4,834.17;
(4) Final Payment to Gluth Brothers for Donovan Street Lift Station and Force Main project in the
amount of $179,716.50;
(5) Request from American Heritage and Gerstad Builders for Reduction in Construction Warranty to
$149,375 for On-Site Improvements - Boone Creek, Unit 1;
(6) Ordinance Increasing Sewer Service Charges to become effective February 1, 1998;
(7) Ordinance Increasing Water User Rates to become effective February 1, 1998;
(8) Tuition Reimbursement Request-Susan Christensen: Intermediate Acctg., approximately $160.00;
(9) Proclamation Declaring Week of November 23-27, 1997 as "Jaycees Family Week";
(10) Ordinance Amending Traffic Code;
(1 1) List of Bills for Approval as follows:
GENERAL FUND:
CHECK# VENDOR NAME AMOUNT
87858 PAMELA J ALTHOFF $ 203.86
87859 AMERICAN HOTEL REGISTER $ 174.91
87860 BOTTS WELDING & TRK SERV $ 23.90
87861 BURGESS ANDERSON & TATE $ 1144.31
87862 CDW COMPUTER CENTERS INC $ 97.00
87863 COMED $ 8591.43
87864 COMED $ 1123.77
87865 CRYSTAL LAKE TIRE & $ 82.56
87866 CURRAN CONTRACTING CO $ 342.90
87867 EXTECH COMPANY $ 194.70
87868 FREUND INTERNATIONAL $ 237.24
87869 GLUTH BROS CONSTRUCTION $ 1019.80
87870 DAVID HERDA $ 28.04
87871 CAROL HOLIAN $ 119.00
87872 HUGHES INC $ 6834.53
87873 IL PLUMBING INSPECTORS $ 12.00
87874 JEPSEN TIRE ZMT INC $ 407.00
87875 JEWEL FOOD STORES $ 15.92
87876 PATRICK J JOYCE $ 16.61
87877 GARY LANG PONTIAC- $ 67.50
87878 PATTIE LUNKENHEIMER $ 58.79
87879 LORENE MARCINEK $ 13.58
87880 PETE MERKEL $ 690.84
87881 LAURA MOATS $ 20.30
87882 MCANDREW & CUNABAUGH $ 5600.00
87883 MCHENRY PUBLIC LIBRARY $ 102.00
87884 MCHENRY COMMUNITY SCHOOL $ 1738.00
87885 MCHENRY COMMUNITY HIGH $ 1226.00
87886 CHRISTINE NEWMAN $ 119.00
87887 RELIABLE $ 97.15
87888 RUBBER FLOOR PRODUCTS INC $ 403 .00
87889 SCHLEEDE HAMPTON ASSN INC $ 100.00
87890 SHE-AN-I FENCE BUILDERS $ 720.00
87891 SKOKIE VALLEY ASPHALT CO $ 703.56
87892 RICH STULL $ 22.54
87893 THOMPSON ELEVATOR $ 1824.00
87894 WAL-MART STORES INC $ 215.49
87895 YOUNG REMBRANDTS INC $ 252.00
87896 SARA ZELEK $ 21.20
87897 ZION LUTHERAN CHURCH $ 314.00
87898 THE BUSINESS JOURNAL $ 75.00
87899 BYKOWSKI, RONALD $ 1500.00
87900 CRYSTAL NAILS $ 30.00
87901 FORNER, BONNIE $ 70.41
87902 KOEPPEN, JENNIFER $ 75.00
87903 LINCHPIN FINANCIAL GROUP $ 137.80
November 12, 1997 Page 2
87904 MICHEL, JANET $ 23.00
87905 NIGGEMANN, KATHI $ 37.00
87906 SANDERS, DENNIS $ 510.00
Report Totals 37436.64
WATER SEWER FUND:
CHECK# VENDOR NAME AMOUNT
13918 AMERICAN NATIONAL BANK & $ 1200.00
13919 BURGESS ANDERSON & TATE $ 86.47
13920 COMED $ 110.63
13921 CREATIVE FORMS $ 786.83
13922 W W GRAINGER INC $ 315.14
13923 HAYDEN LANDSCAPING $ 55.75
Report Totals 2554.82
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FROM JOSEPH BONO FOR CONDITIONAL USE PERMIT AND AMENDMENT
TO ZONING ORDINANCE
Petitioners Mr. and Mrs. Joseph Bono and their Attorney, Richard Short, were in
attendance. City Planner Maggio informed Council the Petitioners are requesting an
amendment to the Zoning Ordinance and a Conditional Use Permit to allow the
establishment of a new restaurant located at 625 Ridgeview Drive. The subject property
is comprised of lots 3 and 4 of Inland Business Park and is located on the west side of
Ridgeview Drive approximately 300 feet south of Bull Valley Road. The restaurant
operation would include the sale of alcoholic beverages and live music and dancing.
Currently the proposed restaurant use is not a potential conditional use in the Business
Park District because it includes the sale of alcoholic beverages and live entertainment.
The Petitioner has requested a restaurant serving alcoholic beverages with live
entertainment and/or dancing be added to the list of conditional uses in a Business Park
District. City Planner Maggio reminded Council conditional uses require Zoning Board of --
Appeals and City Council review and approval.
In response to Council inquiry, City Planner Maggio stated a restriction was placed
on the Inland Business Park Subdivision that requires a common access point onto
Ridgeview Drive for lots 1 through 4. Lots 1 and 2 of Inland Business Park are located
to the north of the subject property on the southwest corner of Bull Valley Road and
Ridgeview Drive.
In response to Alderman Glab's inquiry regarding an adequate number of parking
spaces and parking lot design, City Planner Maggio noted these requirements including
the provision of the shared access point, landscaping, and architectural standards, will
be enforced during the building permit review process. The Zoning Board of Appeals
recommended by a vote of 6-1 approval of the requested amendment to the Zoning
Ordinance and the Conditional Use Permit subject to the following conditions:
• Live entertainment and dancing shall be limited to dancing to the musical
performances by up to five persons ;
• Live entertainment and dancing specifically excludes any adult type of
entertainment;
• A violation of these limitations shall subject the conditional use permit and
any liquor license issued to be revoked.
City Planner Maggio informed Council these conditions have been incorporated into
the proposed ordinance granting the Conditional Use Permit. Currently the Zoning
Ordinance prohibits adult uses without specific approval; however, it was the consensus
of the Zoning Board of Appeals that the addition of these conditions would be
appropriate as added assurances. The Zoning Board of Appeals also recommended by
a vote of 7-0 the Council add a similar restrictive definition for live entertainment through
an amendment to the Zoning Ordinance. The recommendation cannot be implemented
without an additional public notice and Zoning Board of Appeals hearing, however, as
it was not part of the original Bono Petition or public notice.
November 12, 1997 Page 3
Motion by Bolger, seconded by Glab to pass an ordinance amending the Zoning
Ordinance by adding the following uses to Table 9, Group W, Conditional Uses in a
Business Park District:
• Restaurants serving alcoholic beverages without live entertainment or
dancing;
• Restaurants serving alcoholic beverages with live entertainment or dancing;
and to pass an Ordinance granting a Conditional Use permit for the property located at
625 Ridgeview Drive, McHenry, Illinois for a restaurant serving alcoholic beverages with
live entertainment or dancing subject to the following conditions:
• Live entertainment and dancing shall be limited to dancing to the musical
performances by up to five persons ;
• Live entertainment and dancing specifically excludes any adult type of
entertainment;
• A violation of these limitations shall subject the conditional use permit and
any liquor license issued to be revoked.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR SIGN CODE VARIANCE - RIDGEVIEW DRIVE AND BULL VALLEY ROAD,
INLAND BUSINESS PARK
Gregg Gabel of Land Development Services representing Inland Business Park was
in attendance. Mr. Gabel addressed Council stating Inland Business Park was requesting
a variance to allow a stone monument type sign and stone pillars to be located in the
median on Ridgeview Drive which is within the public right-of-way. City Administrator
Lobaito stated City of McHenry Zoning Ordinance requires permanent signs must be
installed entirely on private property. The proposed sign meets the maximum height and
area restrictions for a development entrance sign as required in the Business Park Zoning
District. Mr. Gabel has also provided a copy of the covenants for Inland Business Park
which provide for the continued maintenance of the sign and entrance area by the
property owners within the Business Park Subdivision. These covenants are not
recorded. It is the recommendation of Staff to include the following conditions if the sign
variance is granted.
• Covenants providing for the continued maintenance and/or removal of the
sign be recorded at the time of construction;
• The sign must be removed or relocated if it is not maintained, if it is
determined to be a traffic hazard, or if modifications are made to the
intersection which require its removal or relocation.
In response to Alderman McClatchey's inquiry, Mr. Gabel stated the sign does not
impair visibility. Mr. Gabel also noted, in response to Alderman Baird's inquiry, the sign
material is quarry limestone.
Motion by Baird, seconded by Bolger, to grant Inland Business Park a variance
allowing a stone monument type sign and stone pillars to be located in the median on
Ridgeview Drive within the public right-of-way as depicted on the final landscaping plan
_ dated 7-17-96, subject to the following conditions:
• Covenants providing for the continued maintenance and/or removal of the
sign be recorded at the time of construction;
• The sign must be removed or relocated if it is not maintained, if it is
determined to be a traffic hazard, or if modifications are made to the
intersection which require its removal or relocation.
Voting Aye: Bolger, Glab, McClatchey, Baird.
Voting Nay: Murgatroyd.
Absent: None.
Motion carried.
November 12, 1997 Page 4
FIXED ASSET INVENTORY AND APPRAISAL
City Clerk Althoff informed Council the 1997-1998 Budget reflects $1 1,000 for
a two-step fixed asset inventory and appraisal service. Phase I Requests for Proposals
were sought during the month of September. Phase I proposals include inventory of
each room and municipal site, including lift stations, park sites, treatment plants,
pumping stations, development of property records system, development of accurate
insurance values, and tagging of furniture, machinery, and equipment with bar-coded
tags. Proposals were submitted from Valuations Resource Management and American
Appraisal Associates, both of Milwaukee, Wisconsin. American Appraisal submitted the
lower proposal for a total cost of $9,500.
In response to Mayor Cuda's inquiry, City Administrator Lobaito stated a detailed
inventory and appraisal was last performed in 1986. General practice recommends a re-
appraisal be conducted within seven to ten years of the original appraisal to insure
accurate and complete asset information.
In response to Alderman Baird's inquiry, City Administrator Lobaito clarified Phase
II includes the purchase of computer software, training, and conversion of information
to establish an in-house fixed asset management policy and program. The cost of Phase
II will be included in the 1998-1999 Budget proposals.
Motion by Glab, seconded by Murgatroyd, to award the inventory of fixed asset
appraisal contract to American Appraisal Associates of Milwaukee, Wisconsin, for an
amount not to exceed $9,500.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
r
ORDINANCE INCREASING CAPITAL DEVELOPMENT FEES
City Administrator Lobaito reported that at its November 5, 1997, regularly
scheduled meeting, Council directed Staff to recalculate and review the proposed
amounts for Capital Development Fees. The Illinois School Consulting Service Population
per Dwelling Table was provided for Council review. City Administrator Lobaito,
referencing the far-right column of the Table, noted the total population in a three-
bedroom detached single family dwelling was lower than a three-bedroom apartment.
This difference explains why the Capital Development Fee is higher for a three-bedroom
apartment than a three-bedroom single family home. City Administrator Lobaito also
noted the effective date has been changed from January 1 , 1998 to May 1 , 1998 for
ease of administration. However, in recent discussions with Finance Committee
Chairman Alderman Murgatroyd, a January 1 , 1998 effective date might be preferable.
A thirty day notification will be sent to all developers. Some discussion followed.
Motion by Baird, seconded by McClatchey, to pass an ordinance increasing the
Water and Sewer Capital Development Fees for residential and non-residential buildings
as reflected in the Table presented at the November 12, 1997, regularly scheduled
Council meeting, effective January 1 , 1998, which shall be adjusted annually by the
Engineering News Record Construction Cost Index, subject to annual Council review
beginning May 1, 1999 and each May 1 st thereafter. _
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR - STATEMENT AND REPORTS
Referencing his Memo of November 5, 1997, Mayor Cuda requested Council
consider and approve the appointment of Sara Wilhelm to the City's Landmark
Commission as the student representative. He noted the Landmark Commission has
approved Ms. Wilhelm's application.
November 12, 1997 Page 5
Motion by McClatchey, seconded by Glab, to approve the Mayor's
recommendation and appointment of Sara Wilhelm as the student representative to the
City of McHenry's Landmark Commission.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Mayor Cuda informed Council details of the proposed property purchase contract
were still being negotiated. The final proposed draft will be provided to Council for their
review and subsequent comment in the Friday, November 14, 1997, Agenda Packet.
He stated there would be no need for an Executive Session at this evening's regularly
scheduled Council meeting.
COMMITTEE REPORTS
Finance Committee Chairman Alderman Murgatroyd reported the Finance
Committee had met in the Aldermen's Conference Room at 6:30 p.m. prior to this
evening's Council Meeting. The Committee was initiating a review of the current City
of McHenry Personnel Policy Manual. The minutes will be forthcoming.
STAFF REPORTS
City Planner Maggio requested Council consider Zoning Ordinance revisions with
regard to clarification of adult uses.
Director of Public Works Batt informed Council the City's standard residential
street poles are no longer available for purchase. Olde Mill Ponds Subdivision was
granted Council approval to utilize a similar but different style street light pole and
lantern. Director Batt suggested Council view these poles and, if acceptable, adopt these
lights with concrete poles as the City's new standard.
City Administrator Lobaito provided Council with an update on the Bull Valley
Arterial construction project. County Transportation Superintendent Michael Magnuson
still anticipates permitting prior to Thanksgiving and a bid-letting by Mid-December.
Construction initiation is dependent on weather conditions. If mild conditions prevail,
construction may be initiated this winter. City Administrator Lobaito also reported the
City's new entrance signs will be installed tomorrow, Thursday, November 13, 1997.
City Administrator Lobaito also informed Council the leaf-vacuuming program was
currently approximately three days behind schedule. He noted weather conditions
caused a substantial increase in falling leaves making it difficult for Waste Management
North to maintain its schedule. In an effort to correct the situation, Waste Management
North provided the City of McHenry with an additional truck today. In response to
Alderman Baird's inquiry, Director of Public Works Batt noted all yard waste programs
end November 30, 1997.
NEW BUSINESS
No new business was presented by Council for Staff action at this time.
November 12, 1997 Page 6
ADJOURNMENT
Motion by McClatchey, seconded by Glab, to adjourn the meeting at 8:25 p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting adjourned at 8:25 p.m.
MAYOR CITY CLERK
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