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HomeMy WebLinkAboutMinutes - 02/18/1998 - City Council REGULAR MEETING FEBRUARY 18, 1998 The Regular Meeting of the McHenry City Council was called to order by Mayor Cuda at 7:30 P.M. on Wednesday, February 18, 1998 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, Chief of Police Joyce, Director of Parks and Recreation Merkel, Director of Public Works Batt, Director of Community Development Napolitano. Absent: None. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during Ten Minute Public Input Session. Mayor Cuda requested Council address Agenda Item #3 Presentation of Resolution to Pat Borcovan upon her retirement prior to Agenda Item #1 , Midwest Bank of McHenry County's Public Hearing. Council concurred. PRESENTATION OF RESOLUTION TO PAT BORCOVAN UPON HER RETIREMENT Mayor Cuda read Ms. Borcovan's retirement resolution, noting her eleven years of dedication and commitment to the City of McHenry. Motion by Murgatroyd, seconded by Bolger to pass the retirement resolution for Ms. Patricia Borcovan recognizing her eleven years of dedication and service to the City of McHenry. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Mayor Cuda presented Ms. Borcovan with her resolution. Ms. Borcovan then addressed the Mayor and Council thanking them for their recognition and noting her overall enjoyment of being a City of McHenry employee. PUBLIC HEARING: REQUEST BY MIDWEST BANK OF MCHENRY COUNTY FOR ENTRY INTO ANNEXATION AGREEMENT, ANNEXATION TO THE CITY REZONING AND CONDITIONAL USE PERMIT FOR A DRIVE-THRU BANK Mayor Cuda opened the Public Hearing on the Midwest Bank of McHenry County's Annexation at 7:38 p.m. Attorney Joseph Gottemoller of Madsen, Sugden and Gottemoller was in attendance, as well as Midwest Bank of McHenry County representative Steven Karaba. City Administrator Lobaito informed Council Midwest Bank of McHenry County is requesting Annexation, C-2 Zoning, and a Conditional Use Permit for a Drive-Thru Bank. The subject property, located on the south side of Bull Valley Road, 500 feet west of the Bull Valley and Crystal Lake Road intersection, is approximately three acres. The proposed bank is approximately 7,500 square feet and includes a covered drive-thru that accommodates five lanes of traffic. As per Staff's recommendation, only one access point located along the far east property line, will be permitted. The requested C-2 Zoning is compatible with the existing zoning classifications of the other quadrants of the Crystal Lake - Bull Valley Road intersection. The Zoning Board of Appeals at its January 26, 1998 meeting unanimously recommended the approval of _ a map amendment from A-1 County Agricultural to C-2 Neighborhood Commercial Zoning District upon annexation to the City of McHenry, as well as the granting of a Conditional Use Permit to allow the construction and operation of a financial institution with a drive-thru facility. City Administrator Lobaito noted Staff had directed the Petitioners to prepare and submit a traffic study of this area in order to determine the need of any traffic improvements, including a turn and/or deceleration lane. Cursory review of the traffic study indicates no traffic improvements are required at this time, even with the construction of the Midwest Bank of McHenry County facility. As additional development occurs along this corridor, however, traffic improvements may be February 18, 1998 Page 2 required. Therefore, annexation agreement language requires a contribution to the City of McHenry in an amount of $12,500 for future traffic improvements to Bull Valley Road. These funds are to be returned to Midwest Bank of McHenry County if they are not utilized within ten years. In response to Council inquiry, Mr. Karaba explained the $12,500 amount was calculated by taking the current cost of anticipated road improvements, determining Midwest Bank of McHenry County's share by property road frontage amounts, and dividing that figure by one half. Attorney Joseph Gottemoller noted Midwest Bank of McHenry County has agreed to the conditions recommended by the Zoning Board of Appeals including: • Only one access point located at the east property line; • Location of the permitted ground sign near the east property line; • A circulation pattern for the drive-thru directing traffic entering the site away from the residential property to the north; • The required landscaping and berming along the north property line installed in accordance with City Ordinances; and • The setback minimum of 120 feet from the front property line for the building. Attorney Gottemoller requested Council consider waiving the $1 ,500 Annexation Fee. A lengthy discussion ensued. It was the consensus of Council to require the Annexation Fees from Midwest Bank of McHenry County at this time. These fees may be reimbursed at a later date upon determination by Council after further review. At the suggestion of Alderman Baird, Council requested the review of the City of McHenry's current Annexation Fee Policy for commercial and industrial properties be reviewed by the Community Development Committee for recommendation to full Council. Alderman McClatchey, Chairman of the Community Development Committee, suggested a smaller Annexation Fee for commercial properties. Mayor Cuda asked if there were any questions or comments from the audience. There were none. City Clerk Althoff informed Council no written or verbal comments and/or questions had been received by the Clerk's Office. Motion by Murgatroyd, seconded by Glab, to close the Public Hearing at 7:55 p.m. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Alderman Baird expressed his concern with the proximity of the Bank's access point to the future Backhaus/Brackmann Office/Commercial Development to the north. Some discussion followed. Attorney Gottemoller stated in response to Alderman Baird's inquiry, the Petitioners noted no median will exist between the ingress and egress as it has been determined that medians of this type cause traffic problems, particularly in inclement weather. City Administrator Lobaito also noted Annexation Agreement language requires the dedication of a non-exclusive ingress/egress easement in a configuration that allows a combined access onto Bull Valley Road from this property, as well as the adjacent property to the east. February 18, 1998 Page 3 Motion by Baird, seconded by McClatchey, to pass an ordinance approving the Midwest Trust Services, Inc., an Illinois Banking Corporation, Trust No. 936442 Annexation Agreement subject to the inclusion of the following language at the end of paragraph six: "Subject to reimbursement upon determination by the City Council after further review." and authorizing the Mayor and City Clerk's execution of the Midwest Trust Services, Inc., an Illinois Banking Corporation, Trust No. 936442 Annexation Agreement. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird, Cuda. Voting Nay: None. Absent: None. Motion carried. Motion by McClatchey, seconded by Glab, to pass an ordinance annexing the Midwest Trust Services, Inc., an Illinois Banking Corporation, Trust No. 936442 property comprised of approximately three acres, located on the south side of Bull Valley Road, 500 feet west of the Bull Valley - Crystal Lake Road intersection; and authorizing the Mayor and City Clerk's execution of the ordinance. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird, Cuda. Voting Nay: None. Absent: None. Motion carried. Motion by Glab, seconded by Bolger, to accept the unanimous recommendation of the Zoning Board of Appeals, and pass an ordinance reclassifying the Midwest Trust Services, Inc., an Illinois Banking Corporation, Trust No. 936442 property located on the south side of Bull Valley Road, 500 feet west of the intersection of Bull Valley Road and Crystal Lake Road, from A-1 County Agricultural to C-2 Neighborhood Commercial Zoning District, and to grant a Conditional Use Permit to allow the construction and operation of a financial institution with a drive-thru facility. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd. Baird. Voting Nay: None. Absent: None. Motion carried. CONSENT AGENDA Motion by McClatchey, seconded by Bolger, to approve the Consent Agenda as follows: 1) February 4, 1998 Regular City Council Meeting Minutes; 2) Proclamation declaring March as, "American Red Cross Month"; 3) Monthly Treasurer's Report; 4) Monthly Budget Report; 5) List of Bills: GENERAL FUND: CHECK# VENDOR NAME AMOUNT 88668 A-ABLE ALARM SERVICE INC $ 17.42 88669 BJORKMAN'S ACE HARDWARE $ 425.47 88670 ACME BRICK & SUPPLY CO $ 397.50 88671 DAN ADAMS STEEL SERV INC $ 104.57 88672 R A ADAMS ENTERPRISES INC $ 98.16 88673 ALEXANDER LUMBER CO $ 114.33 88674 AMERICAN MGMT ASSOCIATION $ 159.00 88675 AMERITECH $ 48.82 88676 AMERITECH CREDIT CORP $ 1259.46 88677 ANDERSON TREE SERVICE INC $ 5625.00 88678 ARROW UNIFORM RENTAL INC $ 211.40 88679 ARROW ROAD CONST CO $ 702.00 88680 BADGER UNIFORMS $ 33.95 88681 BATTERY NETWORK INC $ 7.80 88682 BONCOSKY OIL COMPANY $ 6552.55 88683 BONNELL INDUSTRIES INC $ 1120.00 88684 PHILLIP E BRADY & ASSOC $ 575.00 88685 L M BROWNSEY SUPPLY CO $ 62.36 88686 BT OFFICE PRODUCTS INTL $ 609.18 88687 BURGESS ANDERSON & TATE $ 809.76 88688 BURNS INDUSTRIAL SUPPLY $ 166.13 February 18, 1998 Page 4 88689 BUSS FORD SALES $ 842.57 88690 CELLULAR ONE - CHICAGO $ 213.27 88691 CENTEGRA OCCUPATIONAL $ 317.75 88692 CHICAGO TRANS-AXLE & $ 1005.42 88693 COMARK GOVT EDUCATION INC $ 162.00 88694 COMED $ 19662.15 88695 COMED $ 598.23 88696 COMMUNICATIONS REVOLVING $ 425.00 88697 CONE KALB WONDERLICK $ 17.25 88698 CRAFT CONCRETE PRODUCTS $ 531.35 88699 CRESCENT ELECTRIC SUPPLY $ 157.67 88700 ROBERT G DAWDY $ 10.00 _ 88701 D & J AUTOMOTIVE SUPPLY $ 664.90 88702 DOWE & WAGNER INC $ 18.00 88703 ED'S RENTAL & SALES INC $ 31.30 88704 ELM ST DESIGN $ 90.00 88705 EXTECH COMPANY $ 97.35 88706 FBI NAA $ 210.00 88707 FIDELITY PRODUCTS CO $ 218.90 88708 FISCHER BROS CONST CO INC $ 1407.82 88709 GEORGE P FREUND INC $ 120.64 88710 FREUND INTERNATIONAL $ 1283.08 88711 FUNDWAYS OF IL INC $ 50.00 88712 GAMETIME $ 36151.24 88713 WILLIAM J GITZKE D/B/A $ 456.70 88714 MARCI GERAGHTY $ 15.50 88715 THE GLASS BARN $ 205.85 88716 PATRICK GORNIAK $ 7.11 88717 DAVID M GRIFFITH & ASSOC $ 100.00 88718 DON HANSEN'S ALIGNMENT $ 35.00 88719 HARRISON & ASSOCIATES INC $ 1000.00 88720 DAVID HERDA $ 15.34 88721 BILL HOBSON $ 40.00 88722 HRODEY & ASSOCIATES $ 39.00 88723 I.A.C.E. $ 15.00 88724 IDEAL UNIFORM SERVICE $ 97.50 88725 ILGISA $ 25.00 88726 ILLINOIS OFFICE SUPPLY $ 242.34 88727 IL PLUMBING INSPECTORS $ 50.00 88728 INNOVATIVE PACKAGING INC $ 245.71 88729 INTERSTATE BATTERY SYSTEM $ 338.85 88730 IPRA $ 724.00 88731 THOMAS M JENKINS $ 76.40 88732 JEPSEN TIRE ZMT INC $ 15.00 88733 JONES SCHOOL BUS $ 199.00 88734 JONES COACH TRAVEL $ 1180.00 88735 KAR PRODUCTS $ 538.97 88736 KIRCHNER FIRE $ 326.00 88737 KITCHEN CONCEPTS $ 260.00 88738 KTD MANUFACTURING AND $ 370.34 88739 KATHLEEN KUNZER $ 23.81 88740 GARY LANG PONTIAC- $ 256.69 88741 PATRICIA A LAYCOCK $ 48.98 88742 LEACH ENTERPRISES INC $ 164.16 88743 ANDY LECHNER $ 8.00 88744 LETN $ 388.00 88745 LIGHTNING POWDER COMPANY $ 119.95 88746 PAT LUBBEN $ 145.00 88747 MADER'S $ 354.85 88748 MAIN PAINT & DECORATING $ 120.29 88749 LORENE MARCINEK $ 267.18 88750 MINUTEMAN PRESS OF MCH $ 3096.79 88751 MITCHEL DOMES $ 164.50 88752 MTS SAFETY PRODUCTS INC $ 166.36 88753 MCANDREW & CUNABAUGH $ 5600.00 88754 MCHENRY AREA CHAMBER OF $ 550.00 88755 MCHENRY AUTO PARTS $ 1215.97 88756 MCHENRY COUNTY COLLEGE $ 150.00 88757 MCHENRY COUNTY SUPPLY INC $ 142.08 88758 MCHENRY LUMBER $ 487.92 88759 MCHENRY FIRESTONE $ 451.52 88760 MCHENRY PRINTING SERVICE $ 63.10 88761 MCHENRY PUBLIC LIBRARY $ 102 .00 88762 MCHENRY COMMUNITY SCHOOL $ 4650.00 88763 MCHENRY COMMUNITY HIGH $ 3274.00 88764 MCHENRY SPECIALTIES $ 212.50 88765 MCOM SYSTEMS $ 34.50 88766 NCR CORPORATION $ 175.41 88767 NORTHWEST AUTO ELECTRIC $ 42.00 88768 NORTHWEST ELECTRICAL $ 1430.33 88769 NORTHWEST HERALD $ 601.36 88770 PEDERSEN GMC $ 18.62 88771 PETALS & STEMS $ 33 .50 88772 PETERSEN SAND & GRAVEL $ 566.82 88773 PRECISION SHARPENING & $ 61.00 88774 RADICOM INC $ 158.09 88775 RELIABLE $ 137.02 88776 ANGELA M RIVERA $ 10.00 88777 SUE ROBERTSON $ 10.10 88778 ROCKFORD INDUSTRIAL $ 50.16 February 18, 1998 Page 5 88779 MATT ROGERS $ 50.64 88780 H W ROWE $ 250.00 88781 R & S DISTRIBUTORS INC $ 119.60 88782 SAFETY KLEEN CORP $ 182.00 88783 SHERMAN MECHANICAL INC $ 492.80 88784 SINGER COMPUTER SERVICE $ 55.00 88785 JUDY SMITH $ 119.99 88786 STANS OFFICE MACHINES INC $ 669.08 88787 MIA SZAMLEWSKI $ 47.50 88788 TERMINAL SUPPLY CO $ 70.16 88789 TOWN COMMUNICATIONS $ 814.00 88790 TRAFFIC INSTITUTE $ 1300.00 88791 UNITED LABORATORIES $ 93.00 88792 UNITED PARCEL SERVICE $ 67.30 88793 VGE COMPUTER SUPPLIES INC $ 648.88 88794 WAREHOUSE DIRECT $ 34.97 88795 WASTE MANAGEMENT NORTH $ 1787.50 88796 WHOLESALE DIRECT INC $ 442.42 88797 WILSON LODGE AT OGLEBAY $ 463.00 88798 WOLF CAMERA & VIDEO $ 108.85 88799 THE WOODSTOCK LAND $ 25.00 88800 ZION LUTHERAN CHURCH $ 250.00 88801 ZUKOWSKI ROGERS FLOOD & $ 3066.36 88802 ADVOCATE ROOF SERVICES $ 195.00 88803 ARNET, ALICE $ 16.10 88804 CARLTON, CATHERINE $ 32.00 88805 FEUCHT, KARL $ 32.00 88806 KALAS, LINDA $ 36.00 88807 KEITH, JUANITA $ 18.00 88808 KUGLIN, ROBERT $ 21.00 88809 MORTON ARBORETUM $ 70.00 88810 PORTER, LORI $ 32.00 88811 SMITH, WARREN $ 32.00 88812 SCHILLER PARK, VILLAGE OF $ 55.00 88813 SCHWAB, MARGE $ 18.00 88814 WEGENER, KAREN $ 32.00 Report Totals 127306.07 WATER SEWER FUND: CHECK# VENDOR NAME AMOUNT 14152 BJORKMAN'S ACE HARDWARE $ 1007.46 14153 ALEXANDER CHEMICAL CORP $ 168.00 14154 ALEXANDER LUMBER CO $ 21.41 14155 AMERITECH CREDIT CORP $ 117.54 14156 AQUAPREP $ 584.64 14157 ARROW UNIFORM RENTAL INC $ 321.75 14158 BAXTER & WOODMAN $ 2991.00 14159 BONCOSKY OIL COMPANY $ 579.33 14160 JAMES BROCKWAY $ 183.15 14161 CAREY ELECTRIC $ 228.00 14162 COMED $ 75384.07 14163 CRESCENT ELECTRIC SUPPLY $ 75.70 14164 D'ANGELO NATURAL SPRING $ 38.10 14165 ED'S RENTAL & SALES INC $ 120.00 14166 GASVODA & ASSOCIATES INC $ 195.51 14167 W W GRAINGER INC $ 23.88 14168 GREAT LAKES FIRE AND $ 492.08 14169 IWPP $ 39.00 14170 JEPSEN TIRE ZMT INC $ 106.00 14171 KIRCHNER FIRE $ 421.50 14172 LAB SAFETY SUPPLY $ 91.33 14173 GARY LANG PONTIAC- $ 151.08 14174 LEACH ENTERPRISES INC $ 7.97 14175 LEWIS INTERNATIONAL INC $ 334.62 14176 ANDY WALTER $ 131.38 14177 MEYER MATERIAL COMPANY $ 27.17 14178 MID AMERICAN WATER $ 156.00 14179 MINUTEMAN PRESS OF MCH $ 70.43 14180 MCHENRY ANALYTICAL WATER $ 408.00 14181 MCHENRY AUTO PARTS $ 30.43 14182 MCHENRY ELECTRIC CO INC $ 76.74 14183 MCMASTER-CARR SUPPLY CO $ 198.47 14184 NCL OF WISCONSIN INC $ 521.93 .� 14185 NORTHWEST ELECTRICAL $ 55.05 14186 PORTABLE TOOL SALES & $ 422.90 14187 REICHERT CHEVROLET $ 41.79 14188 ROWELL CHEMICAL CORP $ 3893 .38 14189 RON SCHUPP $ 35.63 14190 SHERMAN MECHANICAL INC $ 212.56 14191 STRATFORD SAFETY PRODUCTS $ 87.63 14192 UNITED PARCEL SERVICE $ 165.50 14193 U S FILTER LAKE BLUFF $ 113 .84 14194 USA BLUE BOOK $ 90.25 14195 VALLEN SAFETY SUPPLY CO $ 651.70 14196 WINDSOR DOOR SALES & SERV $ 400.00 14197 WOODLAND RECYCLING & $ 4182.75 Report Totals 95656.65 February 18, 1998 Page 6 Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. REQUEST FROM TWIN CITIES-WISCONSIN-CHICAGO AIDS RIDE FOR USE OF KNOX PARK AS SITE TO HOST AIDS RIDE #3 JULY 9-11, 1998 Mark Hauser, Logistics Director for the Twin Cities-Wisconsin-Chicago AIDS Ride addressed Council. Mr. Hauser thanked the Mayor and Council for their past cooperation and support of the Twin Cities-Wisconsin-Chicago AIDS Ride. He -- respectfully requested Council approve the use of Knox Park as a camp site for the 1998 Twin Cities-Wisconsin-Chicago AIDS Ride from Thursday, July 9, through Saturday, July 11 , 1998. He noted as per past years, setup begins on Thursday, July 9th with the riders arriving and camping Friday, July 10th, and cleanup, on Saturday, July 11th. He noted this Ride is the largest AIDS fund raiser in the Midwest. Motion by McClatchey, seconded by Murgatroyd, to approve the use of Knox Park on the evenings of Thursday, July 9th and Friday July 10th, with a cleanup on Saturday, July 11 th for the Twin Cities-Wisconsin-Chicago AIDS Ride subject to the coordination and approval of the proposed site plan by City Administrator Lobaito. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR CONDITIONAL USE PERMIT - ARMOND MUSCAT Petitioner Armond Muscat and Property Owner Mark Towne were in attendance. Mr. Muscat addressed Council requesting an amendment to the text of the Zoning Ordinance and a Conditional Use Permit to allow the establishment of a mini- _ warehouse facility in McHenry City Center Business Park. The proposed mini- warehouse operation will include a small two-story office and nine additional buildings with approximately 400 storage units of various sizes. The proposed site contains lots 5,6,9,and 10 in Block 3 of the McHenry City Center Business Park, located between Oak Drive and Orleans Street, along the railroad tracks. The entrance to the site will be from Orleans Street. The proposed zoning Text Amendment adds mini-warehouse to Table 9, Group U, Conditional Uses in the 1-1 Industrial District. As this is an amendment to the Conditional Use Table, review by the Zoning Board of Appeals, and approval by the City Council would still be required on a case-by-case basis. City Administrator Lobaito stated that uses significantly more intense than a mini-warehouse facility are permitted in the 1-1 Industrial District. Currently, the City of McHenry Zoning Ordinance lists mini-warehouse as a Conditional Use in the C-5 Commercial District. City Administrator Lobaito also noted the property is approximately 250 feet from the nearest residential lot, and the establishment of the mini-warehouse facility should serve as a low intensity transition between the McHenry City Center Business Park Industrial Subdivision and the residential development to the east. In response to Alderman Baird's inquiry regarding landscaping, Mr. Muscat stated he had agreed to the Zoning Board of Appeals recommendation requiring the installation of landscaping in order to screen the mini-warehouse facility from nearby residential properties, as well as the installation of a six foot fence along the eastern property boundary. Mr. Muscat also stated the landscaping required along the eastern property boundary would be planted along the outside of the fence's perimeter. In response to Alderman McClatchey's inquiry, Mr. Muscat stated external lighting fixtures would be left on at all times for security purposes. However, the light is confined vertically to prohibit light mitigation to the adjacent residential areas. Alderman Baird requested Staff clarification of the Zoning Board of Appeals recommendation regarding the need for a variance to permit multiple buildings on this site as proposed in the site plan. City Administrator Lobaito explained, after review of the Zoning Ordinance, Chapter 3, Section G, it was Staff's determination a variance to this section is not required to permit the proposed mini-warehouse facility. City February 18, 1998 Page 7 Administrator Lobaito stated the main building contains several climate controlled storage units and a two-story 3,000 square foot office that will be used for the operation of the facility. The nine additional buildings will be metal, and have multiple storage units, with exterior doors. These buildings will not have sanitary sewer, water or heating facilities. As these buildings can not contain an independent use or serve a function separate from the mini-warehouse operation, these buildings should not be considered "principal" buildings. The buildings are part of an integrated site plan for the facility, including shared lighting, access aisles, and parking. The intent of Chapter 3, Section G of the Zoning Ordinance is to prevent the construction of multiple independent buildings on a property in order to avoid the requirements of the Subdivision Control Ordinance. In response to Alderman Murgatroyd's inquiry, Staff stated the number of rental units was not included in the zoning notice sent to adjacent property owners. The site plan was available for public view. In response to Alderman Murgatroyd's inquiry, Mr. Muscat stated although there would be twenty-four hour access to the storage units through a keyed entrance gate, the normal hours of operation will be from 6 a.m. until 9 p.m. seven days per week. Mr. Muscat also stated there would be no storage of flammable or toxic materials. Motion by Bolger, seconded by Baird, to pass an ordinance amending the City of McHenry Zoning Ordinance by adding mini-warehouses to Table 9, Group U, Conditional Uses in the 1-1 Industrial District, and incorporating into Chapter XIX, Definitions, of the Zoning Ordinance the following definition: "Mini-Warehouse -A building or group of buildings in a controlled access area that contain varying sizes of individual compartmentalized and controlled access stalls or lockers for the storage of customer's non-hazardous goods or wares". Voting Aye: Bolger, Murgatroyd, Baird. Voting Nay: Glab, McClatchey. Absent: None. Motion carried. Motion by Bolger, seconded by Baird, to pass an ordinance granting a Conditional Use Permit to allow the construction and operation of a mini-warehouse facility in the 1-1 Industrial District on Lots 5,6,9,and 10 in Block 3 of the McHenry City Center Business Park, located between Oak Drive and Orleans Street, subject to the following conditions: • The Landscaping shall be installed in order to screen the mini-warehouse operation from nearby residential property and the adequacy of materials and configuration of this landscape screening be subject to the approval of the City's Zoning Administrator. Voting Aye: Bolger, Murgatroyd, Baird. Voting Nay: Glab, McClatchey. Absent: None. Motion carried. REQUEST FOR EXTENSION OF TIME TO COMPLETE PUBLIC IMPROVEMENTS - MCHENRY CITY CENTER BUSINESS PARK Petitioner Mark Towne of Towne Brothers Realty was in attendance. Mr. Towne addressed Council requesting an extension of time to complete the installation of Public Improvements in the McHenry City Center Business Park. Mr. Towne's two- year time frame to complete the public improvements expired January 31 , 1998. In response to Council inquiry, Mr. Towne noted 90% of the Public Improvements had been completed; however, inclement weather prohibited the completion of the installation of these improvements in a timely fashion. February 18, 1998 Page 8 Motion by Bolger, seconded by McClatchey, to grant an extension of time to June 30, 1998, to complete the installation of Public Improvements in McHenry City Center Business Park to Mark Towne of Towne Brothers Realty. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. CONSIDERATION OF ORDINANCE REGULATING TOBACCO PRODUCTS City Administrator Lobaito stated, at the request of Alderman Glab, preliminary information had been compiled for Council review and discussion prior to consideration of a Tobacco Ordinance. The Food and Drug Administration in February of 1997, enacted regulations governing the sale and marketing of tobacco products. These regulations are designed to reduce the attractiveness of tobacco products to children and adolescents and to reduce easy access to tobacco products by minors. The most significant federal regulations involve restrictions on access. City Administrator Lobaito summarized the following access restrictions: • Prohibit the sale of tobacco products to individuals under eighteen years of age; 0 Require retailers to verify a purchaser's age by photographic identification if the purchaser appears to under the age of 27; • Prohibit the sale of tobacco products through vending machines and self-service displays, except in facilities where individuals under the age of eighteen are prohibited; • Prohibit distribution of free samples, as well as the sale of cigarette packages containing fewer than twenty cigarettes; • Prohibit redemption of coupons for free or discounted cigarettes by mail. City Administrator Lobaito requested Council direction regarding the preparation of a Tobacco Ordinance and, if applicable, its parameters. Some discussion followed regarding the feasibility of licensing City of McHenry tobacco retailers, as well as initiating cigarette vending machine licenses. Alderman Murgatroyd distributed additional informational materials. He noted he had access to industry experts who might conduct training seminars for area retailers. Alderman Glab suggested consideration be given incorporating public/community service time in lieu of fines for under age possession of tobacco. It was the consensus of Council to send this issue to the Community Development Committee for further review and recommendation to full Council. MAYOR - STATEMENT AND REPORTS Mayor Cuda reported the Ad Hoc Committee had met with Village of Johnsburg representatives on Thursday, February 12, 1998. Maps defining the proposed amended FPA line were distributed for full Council review. Mayor Cuda recommended Council review the proposal and contact either him or City Administrator Lobaito with comments. The next Ad Hoc Committee Meeting with Village of Johnsburg representatives has been scheduled for Wednesday, March 4, 1998 at 7 p.m. Alderman Baird suggested a City of McHenry Ad Hoc Committee Meeting be scheduled directly prior to the joint meeting on Wednesday, March 4, 1998, to discuss the proposal further. Mayor Cuda noted a small portion of incorporated Village of — Johnsburg will fall within the City of McHenry's proposed FPA. In response to Council inquiry, Mayor Cuda noted an Intergovernmental Agreement will be entered into by the City of McHenry and Village of Johnsburg with regard to corporate boundary parameters. In addition, a joint petition would be sent to the Northeastern Illinois Planning Commission for an FPA amendment. Alderman Glab inquired as to the status of the recently annexed Johnson and Voss properties, if, as per their Annexation Agreements, they de-annexed from the Village of Johnsburg, due to the lack of sanitary sewer service. A lengthy discussion ensued. It was the consensus of Council to schedule a City of McHenry Ad Hoc Committee Meeting for Tuesday, March 3, 1998 at 7:30 p.m. to further discuss the proposed FPA amendment between the City of McHenry and Johnsburg. February 18, 1998 Page 9 COMMITTEE REPORTS Chairman of the Community Development Committee Alderman McClatchey scheduled a Community Development Committee Meeting for Wednesday, March 11 , 1998 at 6:30 p.m. to discuss the possibility of a Tobacco Ordinance and an Annexation Fee Policy. Finance Committee Chairman Alderman Murgatroyd reported the Finance Committee had met on Tuesday, February 17, 1998, and was scheduled to meet on February 19, 1998, to continue to review the various department requests and recommendations for the 1998-1999 Budget year. DEPARTMENT HEAD REPORTS Public Works Director Batt reported, after investigating a resident's complaint regarding the mixing of garbage with recyclable materials by the City of McHenry's contracted waste hauler, he discovered the complaint may have validity. The mixing of recyclables with garbage is not permitted under the current contract's specifications. He stated the problem will be resolved immediately. Director of Parks and Recreation Merkel stated, at the direction of the Parks and Recreation Committee, a Request for Proposal regarding the development of a Recreational Facility Concept Plan has been developed. He requested committee members review the proposal and contact City Administrator Lobaito or him to cite additions, corrections and/or changes. Chief of Police Joyce reviewed the Annual Report which was distributed with Friday's Agenda Packet. He noted the Police Department's 1998 Objectives were: • To reduce motor vehicle accidents by 10%; • To increase efforts to meet and speak with residents and business people; • To expand bicycle patrol; • To transfer one officer to Support Services Division/Investigations; • To institute Violence Education Gang Awareness Program in District 156; • To begin a 30-hour Civilian Police Academy; • To initiate a Youth Recognition Program. City Administrator Lobaito noted he and Mayor Cuda had met with Ravenswood Trust Property Owners. City Administrator Lobaito and Mayor Cuda shared the City's plans to update their Comprehensive Plan. A full report will be forthcoming. NEW BUSINESS There was no new business. EXECUTIVE SESSION Motion by Murgatroyd, seconded by Glab, to go into Executive Session to discuss Personnel. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 9:35 p.m. Motion by Bolger, seconded by Glab, to go back into Open Session. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 9:54 p.m. February 18, 1998 Page 10 Motion by Baird, seconded by Bolger, to authorize the payment of retroactive salary from May 1 , 1997 through February 27, 1998 for Patricia Borcovan, Record's Clerk, in an amount not-to-exceed $745.03. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Motion by McClatchey, seconded by Glab, to authorize the Mayor's execution of the Settlement Agreement between the City of McHenry and Officer James Molnar, subject to the following conditions: • The City of McHenry's Tuition Reimbursement Payments to Officer Molnar for the years 1997, 1998, and 1999 shall not exceed $1 ,250 for any one calendar year; • Any and all arbitration fees imposed as a direct result of this grievance shall be shared equally between the City of McHenry and the McHenry Police Officer's Association. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. ADJOURNMENT Motion by McClatchey, seconded by Glab, to adjourn the meeting at 9:55 p.m. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. _ Absent: None. Motion carried. The meeting adjourned at 9:55 p.m. CITY CLERK MAYOR r'