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HomeMy WebLinkAboutMinutes - 11/03/1999 - City Council REGULAR MEETING NOVEMBER 3, 1999 A Regular Meeting of the McHenry City Council was called to order by Mayor Cuda at 7:30 P.M. on Wednesday, November 3, 1999 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 Kostecki, Director of Public Works Batt, Director of Parks and Recreation Merkel, Director of Community Development Napolitano, Assistant Administrator Maxeiner. Absent: None. w TEN MINUTE PUBLIC INPUT SESSION Toni Meyer of 4321 Lakewood Road addressed Council noting she was speaking as the representative for all Lakewood Road Residents. Ms. Meyer informed Council on Saturday, October 30th the Wonder Lake Water Ski Team's Haunted Hayride Event ran beyond the stated closing time of 11 :00 p.m. disturbing the Lakewood Road neighborhood. Significant noise during the subsequent cleanup period extended well beyond midnight. She requested Council address these concerns with the Wonder Lake Water Ski Team prior to next year's approval process. Mayor Cuda noted the Lakewood Road Subdivision would be notified when and if the Wonder Lake Water Ski Team requests use of the City's Petersen Park facility to conduct the Haunted Hayride Event next year. PRESENTATION: "SNUG HUGS FOR KIDS" Mr. Russ Hubbell, manager of Merlin Muffler and Brake Shop in McHenry, was in attendance. Mayor Cuda informed Council Merlin's Muffler and Brake Corporation is once again sponsoring the Eighth Annual Snug Hugs for Kids. The City of McHenry has been requested to pass a proclamation declaring November 1" through December 15th as the official Snug Hugs for Kids Days within the City of McHenry. Snug Hugs for Kids is an annual event, designed to help underprivileged children obtain much needed winter clothing and outerwear. Motion by McClatchey, seconded by Glab, to pass a proclamation declaring November 1" through December 15" to be Snug Hugs for Kids Days in the City of McHenry in recognition of their contributions and tireless efforts in fundraising for underprivileged children. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. PUBLIC HEARING: ANNEXATION, REZONING AND CONDITIONAL USE PERMIT — ROSEMARY SWIERK, 508 S. ROUTE 31 Mayor Cuda opened the Public Hearing on the proposed Annexation, Rezoning to C5 Highway Commercial District and a Conditional Use Permit for an automobile service station and a drive through facility for a 1 .71 acre of property located on the east side of Route 31 , commonly known as 508 S. Route 31 , at 7:40 p.m. The Petitioners Rosemary and John Swierk and their Attorney Thomas Zanck of Militello, Zanck and Coen, were in attendance. Attorney Zanck informed Council the subject property is currently zoned B1 Neighborhood Business in the County. The Petitioners are requesting Annexation, Rezoning to C5 Highway Commercial and two conditional use permits: ■ One for an automobile service station; ■ Another for a drive-through facility. The proposed site plan depicts a 7,500 square foot multi-tenant commercial building. A White Hen Pantry is proposed for the north section of the building, which includes a gas station and car wash. The southern section includes two 1 ,200 square foot tenant spaces. Staff noted the proposed car wash is a permitted use in the C5 Zoning Page 2 1 1/3/99 District. The car wash entrance will be located near the center of the building, continuing around the rear of the White Hen Pantry, and exiting from a garage door on the front of the building, near the northern edge. Attorney Zanck noted the Zoning Board of Appeals at its September 20, 1999 Public Hearing unanimously approved the rezoning request to C5 Highway Commercial and conditional uses for an automobile service station and a drive through facility. The drive through facility would be limited to a financial institution, a video store, or a dry cleaning drop-off pick-up facility. Attorney Zanck addressed Staff's comments regarding the need for a variance, specifically multiple buildings located on a single lot. The building in questions is designed with a connecting steel frame canopy which constitutes one single structure. In addition, significant buffering landscaping is proposed along Route 31 as well as along the property's eastern boundary. As per Staff's request, a site plan including store layouts, exterior materials and specifications, as well as interior fixtures, will be submitted. Some discussion followed regarding the subject property's ingress and egress. Staff is recommending a shared access with the property immediately to the north. The Petitioners are seeking a full access from Route 31 at the northwest corner of the property. Petitioner John Swierk informed Council a shared access would violate his current lease with tenant White Hen Pantry. The lease specifically prohibits cross- easement and/or shared access with market competitors. Mr. Swierk also asked the record reflect Rosemary Swierk as the property owner. In response to Alderman Murgatroyd's inquiry Attorney Zanck noted Recital "D" of the Annexation Agreement references the State Statute requirement of elector notification. In addition, Staff informed Alderman Murgatroyd Zoning Board of Appeals Chairman Semrow opined the revision of the site plan was not significant enough for resubmission to the Zoning Board of Appeals. In response to Alderman Glab's request for clarification, Director of Community Development Napolitano confirmed the proposed structure meets the definition of one building. A variance is not required. Alderman Glab suggested the definition be reviewed, and, if applicable, amended. Alderman Baird requested language be inserted in the annexation agreement prohibiting the distribution and storage of diesel fuel on this site. Some discussion followed. It was the consensus of Council to insert language in the annexation agreement to prohibit the distribution and storage of diesel fuel on this site, including a clause permitting the reconsideration of this provision by Council in the event diesel fuel becomes a fueling standard. In response to Alderman Murgatroyd's inquiry, Attorney Zanck note the drive through facility would be limited to a video store, dry cleaning establishment or a financial institution. If a video store were the leased tenant, the drive through would be utilized as a video drop off facility. Responding to further Council inquiry, Mr. Swierk stated the car wash would most likely be a twenty-four hour operation, similar to the Route 120 Amoco gas station car wash facility. Mr. Swierk noted the property site will be leveled to match the land grade of the adjacent property to the south. Mr. Swierk also noted this property was subject to the MIMED Recapture Agreement as opposed to the McDonald's Recapture Agreement. The sanitary sewer will be installed along Miller Road as opposed to the frontage of Route 31 . Further discussion occurred regarding Route 31 access to the property. Mr. Swierk stated he has been informed by the Illinois Department of Transportation if he purchases the adjacent property to the north, he will be required to abandon the existing Route 31 access on this property. Further discussion followed. Mr. Swierk agreed to provide the tenant lease with White Hen Pantry to Attorney McArdle for review. Page 3 1 1/3/99 In response to Alderman Baird's inquiry, Mr. Swierk noted the underground fuel storage tanks contain double walls. In addition, a baseline soil test will be conducted prior to the installation of the storage tanks, Mayor Cuda opened the floor to audience comments. No comments were forthcoming. In response to Mayor Cuda's inquiry, City Clerk Althoff noted no written or verbal comments were received by the Clerk's Office. In response to Alderman Murgatroyd's inquiry, the Petitioners requested the Annexation Fees be waived. A lengthy discussion followed. Alderman McClatchey requested Staff provide information on Annexation Fee requirements for City annexations from May 1997 to date. In response to Alderman Glab's inquiry, Mr. Swierk noted the White Hen Pantry will not be selling liquor. Motion by Glab, seconded by Bolger, to close the Public Hearing at 8:1 1 p.m. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Council directed Staff to prepare the appropriate ordinances for Annexation, Rezoning, and granting a Conditional Use Permit for the automobile service station and drive through facility. The Annexation Agreement will be amended to reflect language prohibiting the sale of diesel fuel and to contain a clause permitting the property owner to petition the Council for an annexation agreement amendment if diesel fuel becomes a vehicular fueling standard. Council directed Staff to insert the appropriate annexation fee language in the Annexation Agreement. In addition, Annexation fee requirements for all prior commercial property annexations from May 1997 to the present should be provided Council in Friday's Agenda Packet. Formal Council action approving the Annexation Agreement, Rezoning and Conditional Use Permits shall be scheduled for the November 17, 1999 regularly scheduled Council Meeting. CONSENT AGENDA In response to Council inquiry, City Administrator Lobaito explained formal approval of the Baxter and Woodman Engineering Services Agreement for the City's 1999 Street Program was inadvertently overlooked. Council did, however, approve the Streets Program and the associated contractor's agreement. Motion by Baird, seconded by Bolger, to approve the Consent Agenda as follows: ■ Approval of Investigators Stipend ; ■ Authorization to Advertise for Public Works Department Employee; ■ Approval Baxter & Woodman Engineering Services Agreement - 1999 Street Program , $1 17,000; ■ Approval of Snowplowing: Country Club Drive and Feger Subdivisions; ■ Approval City Council Meeting Minutes: ■ October 13, 1999; ■ Approval of As-Needed Checks: GENERAL FUND AFLAC 1,819.66 BUSS FORD SALES 40,904.00 FBI NAA ILLINOIS CHAPTER 15.00 IL PLUMBING INSPECTORS 12.00 MCHENRY COUNTY CHIEFS OF 24.00 NWBOCA 100.00 PAYNE & DOLAN INC 289,995.35 PETTY CASH FUND 198.54 Page 4 1 1/3/99 SAM'S CLUB 358.83 SECRETARY OF STATE 75.00 STATE DISBURSEMENT UNIT 110.00 TEAMSTERS LOCAL 301 336.50 THELEN SAND & GRAVEL INC 17,235.73 UNITED STATES LIFE INSUR 761.40 EMPLOYEE INSURANCE FUND HEALTH PLAN MANAGEMENT 13,500.87 DEBT SERVICE FUND AMERICAN NATIONAL BANK & 83,125.00 �a POLICE PENSION FUND AMERICAN FUNDS 25,000.00 BURG, GREGORY P 2,603.74 ERKENSWICK, GEORGE T 2,798.86 GREGORIO JR, RAMON 1,830.25 HARRIS BANK 2,461.43 JOYCE, PATRICK J 3,750.74 KING, DANIEL A 914.83 KINNERK, DANIEL E 2,470.23 KRANZ, MARIANNE 2,459.30 LANGE, DUANE R 1,416.61 MCHENRY EMPLOYEE INSURAN 2,111.00 MILITANO, ANTHONY A 2,152.32 OLIVER, MICHAEL 2,572.16 WEICHMANN, JOHN R 644.51 DEVELOPER DONATION FUND RABINE PAVING 9,426.62 WATER/SEWER FUND BRANDT, CATHERINE 1,193.10 GOLDEN, HOLLIS 88.33 POSTMASTER MCHENRY IL 1,113.10 UNITED STATES LIFE INSUR 137.70 BOND & INTEREST FUND AMERICAN NATIONAL BANK & 107,175.00 COUNTRY CLUB ESTATES ASSESSMENT FIRST NAT'L BANK OF MCH 37,361.33 GRAND TOTALS 658,253.04 FUND TOTALS 01 GENERAL FUND 351,946.01 19 EMPLOYEE INSURANCE FUND 13,500.87 32 DEBT SERVICE FUND 83,125.00 36 POLICE PENSION FUND 53,185.98 37 DEVELOPER DONATION FUND 9,426.62 51 WATER/SEWER FUND 2,532.23 52 BOND & INTEREST FUND 107,175.00 56 COUNTRY CLUB ESTATES ASSESSMENT 37,361.33 **** 658,253.04 ■ Approval of List of Bills: GENERAL FUND AB DICK PRODUCTS CO 93.00 ALEXANDER LUMBER CO 153.04 AMERICAN BLUEPRINT & 13.00 AMERITECH 5,309.44 ARCH COMMUNICATIONS 191.50 ATHOW, JANE 52.00 BIRK, JOHN 300,70 BOB COMBS 164.69 BONCOSKY OIL COMPANY 4,194.63 BRADY, PHILLIP E & ASSOC 1,320.00 BRENNER, JULIE 35.00 CAMOSY 60.00 CELLULAR ONE - CHICAGO 645.63 CLEMENT COMMUNICATIONS 220.82 COMED 690.47 COMPUTER MGMT SERVICES 90.00 COMPUTERTOTS INC 166.00 CONSERV FS 142.50 ..� CONSERVATION SERVICES 150.00 CORLANDS 2,902.96 CRYSTAL LAKE PARK DIST 476.33 CRYSTAL MANOR STABLE 675.00 CURRAN CONTRACTING CO 1,606.36 DOMINGUEZ, MARIO 10.00 DONAHUE, RAYMOND J 14.56 EISERMAN, JERRY 23.80 FOXCROFT MEADOWS INC 937.80 FUNK, PAUL D 538.95 GERSTAD BUILDERS 60.00 GRAND SLAM USA 1,610.00 GRAVES, JASON 25.00 GRIFFIN, JIM 84.00 HAZE, DIANE 62.00 HEALTH PLAN MANAGEMENT 22.05 HEINZELMANN, MARY SUE 52.00 Page 5 1 1/3/99 IDEAL UNIFORM SERVICE 421.90 ILLINOIS ISSUES 27.00 IPRA 262.50 JENSEN, KAREN 115.00 JEPSEN TIRE 604.00 JERDEN, CINDY 15.37 JIM FASSBINDER 500.00 KAR PRODUCTS 260.97 KENNETH P KLEAN 355.65 KERRY STERBENZ 14.47 KETCHUM KAR & KARRIERS 106.50 KITTL, AMBROSE M 100.00 KRANZ, ANNE 70.06 _ KROHN LAWN & LANDSCAPE 3,047.00 LAYCOCK, PATRICIA A 171.55 LIGOCKI, REGINA 16.00 LYNN G MARTENSON 150.00 MCCARTHY, THOMAS 1,617.00 MCHENRY AUTO PARTS 1,652.67 MCHENRY COUNTY COLLEGE 99.00 MCHENRY COUNTY GLASS & M 65.00 MCHENRY COUNTY POLICE CH 35.00 MCHENRY FAVORITE SPORT C 10.99 MCHENRY GARDEN CENTER 162.00 MCHENRY POLICE PENSION F 2,875.67 MCHENRY PUBLIC LIBRARY 1,657.85 MID AMERICAN WATER 1,164.22 MINUTEMAN PRESS OF MCH 261.74 MOORE BUSINESS PRODUCTS 2,695.88 NATIONAL ARBOR DAY 15.00 NATIONAL LEAGUE OF CITIE 11.00 NICOR GAS 547.97 NORTH CAROLINA STATE 335.00 NORTHERN ILLINOIS MACK I 218.10 NORTHERN ILLINOIS SPECIA 58,387.00 NORTHERN SAFETY CO INC 64.39 NORTHWEST AUTO ELECTRIC 350.00 NORTHWEST ELECTRICAL SUP 122.84 NORTHWEST HERALD 334.58 OLIVER, JUANITA 189.00 OLIVER, MICHAEL 52.00 ORIENTAL TRADING CO INC 42.20 PACE 4,330.55 PAPROCKI, KRISTINE 32.00 PERFORMANCE DIESEL 515.00 PERKINS OIL CO INC 100.00 PETERSEN SAND & GRAVEL 13.75 PETERSEN, ROBERT G 3,033.20 POKRZYWA, BRIAN 25.00 PORTER, LORI 43.00 PRECISION SHARPENING & R 47.60 QUILL CORPORATION 113.92 RADICOM INC 225.00 RADIO SHACK 19.99 RECOGNITIONS + 367.50 REPROGRAPHICS 110.50 RICHTER, KEVIN 25.00 RIDGEVIEW ELECTRIC INC 255.63 ROBERT HOLMSTROM 64.33 ROBERTSON, SUE 14.32 S & S ARTS & CRAFTS 57.60 SAFETY KLEEN CORP 668.45 SCHATZ, DON 150.00 SCHOOL SPECIALTY INC 34.63 SCHWALENBERG, RYAN 12.00 SHERMAN MECHANICAL INC 1,248.68 SOME OTHER NUTS 34.52 STANDARD EQUIPMENT CO 7.39 STANS OFFICE MACHINES IN 305.52 STERNICKLE, LOUINE 240.00 SUMMERS PORTABLE TOILETS 155.25 TECHNICIANS PARTS WAREHO 149.31 THOMPSON ELEVATOR 66.00 TODD INTRAVARTOLO 300.00 TROCKI, TODD 84.00 TRUSZKOWSKI DELICATESSEN 120.00 UNITED PARCEL SERVICE 96.30 UNIVERSITY OF ILLINOIS 3,629.00 USF - LAKE BLUFF IL 456.77 VIEGAS, CHRISTINE 32.00 VILLAGE OF LAKE ZURICH 15.00 VISU-SEWER CLEAN & SEAL 3,900.00 WAL-MART STORES INC 343.29 WARNING LITES OF ILLINOI 228.75 WARREN, TOM 126.00 WEARGUARD 601.76 WILLIAMS, JANICE H 60.98 WOLF CAMERA & VIDEO 232.11 WOOD, ROLAND 161.25 WOODSTOCK LAND SURVEYORS 125.00 Page 6 1 1/3/99 YOUNG, DAWN 220.00 ZARATE, MIGUEL C 10.00 ZARNOTH BRUSH WORKS INC 101.00 ZEP MANUFACTURING COMPAN 142.19 ZIMMERMAN, LARRY 65.00 DEVELOPER DONATION FUND CORLANDS 2,902.96 PETERSEN, ROBERT G 3,033.20 WATER/SEWER FUND AHLBORN EQUIPMENT INC 34.68 .�.� ALEXANDER CHEMICAL CORP 912.00 ALEXANDER LUMBER CO 8.11 AMERITECH 1,001.23 APCO VALVE & PRIMER CORP 426.36 ARCH COMMUNICATIONS 87.05 BONCOSKY OIL COMPANY 169.52 CLEMENT COMMUNICATIONS 110.42 COMBINED FLUID PRODUCTS 794.80 KROHN LAWN & LANDSCAPE 2,009.00 MCHENRY ANALYTICAL WATER 1,080.00 MCHENRY AUTO PARTS 35.50 MID AMERICAN WATER 155.25 MIDWEST METER INC 6.61 NCL OF WISCONSIN INC 356.79 NICOR GAS 2,433.52 PETERSEN SAND & GRAVEL 385.43 PORTABLE TOOL SALES & SE 2,280.00 RIDGEVIEW ELECTRIC INC 377.94 SCHULHOF COMPANY 17.50 STRATFORD SAFETY PRODUCT 60.65 TOM SPAETH 105.46 U S FILTER/ENVIREX 191.00 USA BLUEBOOK 123.58 WATER/SEWER FUND USF - LAKE BLUFF IL 1,887.20 WEARGUARD 302.22 WOODLAND RDF 9,066.25 GRAND TOTALS 156,167.57 FUND TOTALS 01 GENERAL FUND 125,813.34 93,965.73 37 DEVELOPER DONATION FUND 5,936.16 51 WATER/SEWER FUND 24,418.07 9,273.60 **** 156,167.57 103,239.33 Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. RESOLUTION CREATING CITY OF MCHENRY SHAMROCKS BASEBALL ASSOCIATION Timothy Cornwell of 1909 Pine Drive addressed Council requesting Council approve a resolution acknowledging the creation of the McHenry Shamrocks Baseball Association and supporting the affiliation of the association with the City of McHenry 's Parks and Recreation Department Programs. Mr. Cornwell provided Council a brief synopsis of the historic McHenry Shamrocks Baseball Team. Alderman Baird informed Council he was one of the principals of the proposed association. He noted the establishment of another traveling baseball team would promote a higher level of competitive baseball. Although the association currently includes only one team, the association's long range plans include team expansion to other ages and girls. He noted an expediency existed as the team and association wished to participate in this season's traveling baseball schedule. Some discussion followed regarding the scheduling and availability of City of McHenry ballfields. Mayor Cuda opened the floor to audience comments. Representatives of several ball leagues, including Vic Freund and Scott Krause of the McHenry Junior Youth League, Jeff Herckes of the McHenry Area Soccer Federation, and Pat Finfrock of the McHenry Pigtail Association, addressed Council. Page 7 1 1/3/99 Concerns were expressed regarding the resolution's reference to priority scheduling of City baseball fields for the McHenry Shamrocks Baseball Association Teams. Some discussion followed. It was the consensus of Council and McHenry Shamrock Baseball Association representatives to strike the "field scheduling priority" reference from the resolution. Alderman Glab requested more detailed information regarding the proposed traveling baseball association's affiliation with the City of McHenry's Parks and Recreation Department Programs. He expressed many reservations in light of past concerns with City field scheduling and usage. Noting similar requests were previously referred to the Parks and Recreation Committee, Alderman Glab recommended this proposal be addressed more fully at the Committee level. Alderman Murgatroyd requested additional information on the association's structure. He inquired as to whether the creation of this baseball association will decrease the participation in population in other traveling baseball associations/leagues. Mayor Cuda stated the passage of the proposed resolution will only permit the association to pursue affiliation. If the association's structure and league policies do not meet the expectations of the McHenry City Council, the affiliation will not proceed. Further discussion followed regarding resident versus non-resident participation. Motion by Bolger, seconded by Baird, to pass a resolution recognizing the creation of the McHenry Shamrocks Baseball Association and supporting the potential affiliation of the association with the City of McHenry Parks and Recreation Department. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. In response to their request, Mayor Cuda agreed to contact the McHenry Junior Youth League representatives and all other ball league representatives if this issue appears before Council again. Some discussion followed regarding insurance coverage and liability. City Administrator Lobaito noted if affiliated with the City of McHenry, the traveling baseball team would be covered under the City of McHenry's exiting insurance policy in similar fashion to al other Parks and Recreation Programs. The City would incur no additional cost. Mayor Cuda called for a recess at 8:50 p.m. The meeting was reconvened with full Council and Staff in attendance at 9:10 p.m. REQUEST FOR ZONING MAP AMENDMENT — VAZZANO 1113 FOURTH STREET Petitioners Martin and Nancy Vazzano were in attendance. The subject property, commonly known as 1113 Fourth Street, is located on the north side of Waukegan Road, west of Landmark School, and is zoned C5 Highway Commercial. It was noted the address of the subject property and the adjacent six-flat apartment building are misleading, since they are not located on Fourth Street. Fourth Street in actuality ends one block south at Main Street, and there are no plans to extend this specific road. The subject property is comprised of two vacant parcels totaling 1 .22 acres. The Petitioners are requesting the property be reclassified from C5 Highway Commercial to RM-1 Low Density Multi-Family Residential, to facilitate the construction of a three-story twenty-four unit apartment building. Each unit would be approximately 625 square feet in size and contain only one bedroom. The lowest level would contain only parking and be exposed on the north. The minimum parking requirement of two spaces per unit is provided. In addition there will be two spaces for Page 8 1 1/3/99 handicapped parking and an emergency fire lane surrounding the building, as per the request of the McHenry Township Fire Protection District. Staff noted the original zoning map amendment request was for RM-2 High Density Multi-Family Residential District. However, the request was amended to RM-1 at the Zoning Board of Appeals Public Hearing, as the proposed building would meet the RM-1 bulk standards. Staff also informed Council McHenry Elementary School District 15 has withdrawn its formal objection as the applicants have agreed to implement the following four conditions: ■ Installation of a brick wall 5-6 feet high along the east side of the driveway to the proposed apartment complex; ■ Placement of a chain link construction fence around the site during construction; ■ Installation of a speed bump included with the finished driveway north of the existing six-flat; and ■ A list of potential tenants to be provided Elementary School District 15 personnel for comparison to the sexual predator list. Mr. Vazzano concluded his presentation, noting he and his wife have made every attempt to meet Staff's concerns. As per the recommendation of the newly adopted City of McHenry Comprehensive Plan the apartment building maintains the residential flavor of the neighborhood. Mr. Vazzano also noted the Zoning Board of Appeals recommended approval of the zoning map amendment by a vote of 6-1 with no conditions. He noted he and his wife intend to reside in the apartment complex. Citing the project's proximity to an elementary school, Alderman McClatchey -- stated his opposition to the project. Alderman Baird opposed the project's density. Alderman Baird and Alderman Bolger expressed concerns regarding increased vehicular traffic in a residential area housing an elementary school. In response to Council inquiry, Mrs. Vazzano noted: ■ They could not reasonably reduce the project's density as it would be cost prohibitive; ■ Restrictive covenants would not be developed requiring senior citizen status for apartment rental; and ■ The Vazzanos had just recently executed a contract purchase agreement for the adjacent six-flat apartment building. It is their intent to renovate this structure. Mayor Cuda opened the floor to audience comment. Ruth Fenwick, of 3719 Waukegan Road, addressed Council, explaining the adjacent six-flat apartment complex recently purchased by the Vazzanos was constructed illegally. She also stated the current C5 zoning and the RM-1 zoning map amendment request were equally inappropriate for the area. i Greg Lofgren, Chairman of the McHenry Landmark Commission and resident of 3805 W. Clover, addressed Council, noting the McHenry Landmark Commission, advisory board to the City Council, objects to the zoning map amendment, which would facilitate the construction of the three-story twenty-four unit apartment complex. Mr. Lofgren cited both the historic significance of the property as well as the increased density in a stable, historic, residential district. He noted existing multi-family structures could yet be returned to the grandeur of a single family home. He suggested Council consider maintaining this area as open space. Holly Scott of 3607 Waukegan Road, stated her opposition to the project, requesting the area maintain its residential flavor. Page 9 1 1/3/99 Sue Miller of Remax Plaza, addressed Council, noting this parcel will be developed in some manner. She stated the community could utilize more apartment- type housing. The proposed RM-1 zoning map amendment will cause less of an impact than the existing C5 Highway Commercial Zoning on the community in general. John O'Leary of 3705 Waukegan Road, addressed Council. Citing the project's proximity to an elementary school, Mr. O'Leary stated his opposition to the proposed project. Alderman Glab noted commercial development of this parcel would be feasible only if access or purchase of the adjacent Route 120 Perry property was obtained. The Vazzanos then informed Council the Route 120 Perry property was in fact recently purchased by an acquaintance. If their request for a zoning map amendment is denied, the parcel will be developed commercially, with access from Route 120. The new owners of the Perry parcel have agreed to provide an access to the Vazzano parcel. A lengthy discussion followed. Alderman Murgatroyd suggested the item be tabled. No formal action was forthcoming. Further discussion continued regarding the impact of RM-1 Low Density Multi-Family Residential versus C5 Highway Commercial development in this area. Alderman Baird opined development of a commercial entity might not be as onerous as a twenty-four unit residential property. Motion by McClatchey, seconded by Glab, to deny the Petitioner's request for reclassification from C5 Highway Commercial Zoning District to RM-1 Low Density Multi-Family Residential Zoning District. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. •... Voting Nay: None. Absent: None. Motion carried. Alderman Bolger expressed concern with regard to obtaining access to the Vazzano parcel from Route 120 and potential vehicular egress onto Waukegan Road in a residential neighborhood. REQUEST TO CONNECT TO SANITARY SEWER SYSTEM — CRAIGG CARDELLI NORTHSIDE AVENUE Director of Community Development Napolitano stated Petitioner Craigg Cardelli is requesting Council consider a request to connect his property located outside of the corporate boundaries on Northside Avenue to the City of McHenry sanitary sewer system. Mr. Cardelli has filed applications for McHenry County building permits for two homes on this property and, as per directions from the McHenry County Health Department as the City's sanitary sewer extends along Northside Avenue, is requesting connection to the City's sanitary sewer system. Director Napolitano noted McHenry County has indicated development of each lot would be permitted if septic fields were installed. Director Napolitano stated Mr. Cardelli applied for annexation to the City and rezoning to RS-4 Residential District. At the Public Hearing on June 21 , 1999, the Zoning Board of Appeals recommended denial of Mr. Cardelli's request because RS-4 Zoning is intended to accommodate the existing, established areas of the City having homes on smaller lots. Some discussion followed. Page 10 1 1/3/99 Motion by McClatchey, seconded by Glab, to deny the request by Craigg Cardelli to connect his property located outside of the corporate boundaries on Northside Avenue to the City of McHenry Sanitary Sewer System. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. ORDINANCE REQUIRING INSTALLATION OF OVERHEAD SEWERS Staff informed Council as per the unanimous recommendation at the Public Works Committee Meeting of October 13, 1999, an ordinance requiring the installation of overhead sewers in new structures was drafted for full Council consideration. The ordinance will reduce the potential for sewer backups in new structures. In response to Council inquiry, Staff noted the ordinance requires the installation of overhead sewers in new structures where the lowest level is three feet or less above the elevation of the adjacent street's crown. Most structures with basements and walkouts would be required to install overhead sewers. Most structures housed on slabs or crawl spaces will typically not be required to install overhead sewers. Staff is also recommending the adoption of the current edition of the Illinois State Plumbing Code. The proposed ordinance includes language facilitating the State Plumbing Code's adoption. Some discussion followed regarding an appropriate effective date, particularly, as house construction contracts are being negotiated and executed without knowledge of this new construction requirement. Motion by Baird, seconded by Murgatroyd, to pass an ordinance adopting the current edition of the Illinois State Plumbing Code and requiring the installation of overhead sewers for new structures with an effective date 120 days from November 3, 1999, waiving the overhead sewer construction requirement for all structures with contracts verifying execution prior to the effective date of this ordinance. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. AWARD OF BID — POLICE DEPARTMENT UNIFORMS Chief of Police Kostecki reported bid specifications were created and bids sought for police officer uniforms and associated uniform accessories. Specifically, thirty-two uniform items were specified. The low bidder was Kale Uniforms of Elgin and Chicago, Illinois in an amount of $796.55 for sworn officers; $225.10 for civilian personnel, and $385.090 for a ballistic vest. Chief of Police Kostecki also reported the new uniforms will be a dark blue color. Motion by McClatchey, seconded by Baird, to award the Police Department Uniform Bid to Kale Uniforms of Elgin and Chicago, Illinois, in an amount not-to- exceed: $796.55 for sworn officers; $225.10 for civilian personnel; $385 per ballistic vest. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. In response to Council inquiry, Chief of Police Kostecki noted the new officers scheduled to graduate in March 2000 will be immediately attired in the new blue uniform. The balance of the Police Department personnel will be converted to the new uniforms by Summer of 2000. Page 11 1 1/3/99 AWARD OF BID — PETERSEN PARK MAINTENANCE BUILDING ADDITION Director of Parks and Recreation Merkel reported Council at its September 22, 1999 regularly scheduled meeting rejected the submitted Petersen Park Maintenance Building Addition bids and directed Staff to rebid the project. New bids were sought and opened on Tuesday, October 19, 1999. Three bids were received. The low bidder was Carmichael Construction of Marengo, Illinois in an amount of $74,890. Motion by Murgatroyd, seconded by McClatchey, to award the Petersen Park Maintenance Building Addition construction bid to the low bidder, Carmichael Construction of Marengo, Illinois, in an amount not-to-exceed $74,890. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. MAYOR STATEMENT AND REPORTS Mayor Cuda unveiled the new City of McHenry Millennium sweatshirts for Council review. He noted the sweatshirts would be on sale in the City Clerk's Office as well in the Parks and Recreation Department. The sweatshirts cost $9 each. COMMITTEE REPORTS Community Development Committee Chairman Alderman McClatchey reported the Community Development Committee had met prior to this evening's regularly scheduled Council Meeting to discuss three topics: ■ Housing overcrowding; ■ Liquor License categories; and ■ The limitation of building permits for new construction. The minutes of this meeting will be forthcoming in next Friday's Agenda Packet. Finance and Personnel Committee Chairman Alderman Murgatroyd reported the Finance and Personnel Committee had met on Wednesday, October 27, 1999 to review the current City of McHenry Parks Developer Donation formula. The Committee unanimously recommended the Park Developer Donation formula be increased to reflect a $100,000 figure for the fair market appraisal of one acre of property. STAFF REPORTS Director of Public Works Batt reported Curran Contracting will begin milling and paving on Route 31 from Bull Valley Road south to Shamrock Lane. Director of Parks and Recreation Merkel reported the Hornets Football Team would be granted access to City of McHenry athletic facilities as the Hornets Football Team is participating in league playoffs. Director Merkel also noted the McHenry Warriors Football Team will be playing in Oswego at 7:30 p.m. on Friday evening. The Warriors Football Team is also participating in the league playoff season. Chief of Police Kostecki informed Council the following officers received letters of commendation: ■ Officer Thomas Walsh; ■ Officer Gregg Hatter; ■ Officer Anthony Mucciante; ■ Officer Kathleen Leonard. Page 12 1 1/3/99 City Administrator Lobaito reported the street striping on Green Street in the downtown area will be coordinated in an effort to avoid disrupting normal downtown business operations. City Administrator Lobaito also noted as per Council direction, Staff had received and provided Council the response from McHenry Elementary School District 15 Superintendent William Dodds regarding concerns and questions raised during the Joint Meeting with the McHenry School Districts on September 7,1999. i NEW BUSINESS In response to Council inquiry City Administrator Lobaito noted Assistant Administrator Maxeiner is working with financial bond consultant Harold Warren on the Shamrock Lane/Route 31 Traffic Lane Improvements and Signal Installation Special Service Area bonds. Any expenses incurred prior to bond issuance will be expensed through General Fund monies with subsequent reimbursement. Alderman Bolger clarified for the record the City of McHenry and the Veteran's of Foreign Wars Association have always had an excellent working relationship. In response to Alderman Glab's inquiry, Chief of Police Kostecki reported 54 tickets had been issued for skateboarding violations. Alderman Glab suggested Council consider pursuing the development and designation of a skateboard park for City residents. Some discussion followed. Director of Parks and Recreation Merkel noted a skateboard park could cost anywhere between $50,000 and $150,000. EXECUTIVE SESSION Motion by McClatchey, seconded by Murgatroyd, to go into Executive Session to discuss Potential Litigation at 10:35 p.m. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 10:35 p.m. Motion by Bolger, seconded by McClatchey, to go back into Open Session at 10:50 p.m. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 10:50 p.m. Motion by Murgatroyd, seconded by Bolger, to pass an ordinance amending ordinance #0-99-932 to ratify the $900,000 purchase offer for the property located at 3302 Waukegan Road and authorizing the initiation of eminent domain proceedings for the expressed purpose to expand and improve the Central Wastewater Treatment Plant. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Page 13 1 1/3/99 City Administrator Lobaito informed Council the $500,000 earmarked for the Central Wastewater Treatment Plant Expansion cannot be used for land purchase or engineering. Specifically, the monies are allocated for brick and mortar. In addition, the monies must be accessed within the State of Illinois' current fiscal year. In light of these circumstances, Staff contacted Representative Franks. After some discussion, Representative Franks suggested the City of McHenry request in writing the reallocation of these monies for the extension of water services east of the Fox River, and the construction of an elevated water tower. These monies will still promote economic development, as the extension of water east of the Fox River will facilitate the construction of McHenry Elementary School District 15's new middle school and Adams Business Park. Representative Franks will request the reallocation during the veto session of congress. It was the consensus of Council to direct City Administrator Lobaito draft a letter to State Representative Jack Franks requesting the reallocation of $500,000 from the Central Wastewater Treatment Plan Expansion Project to the extension of water services east of the Fox River. ADJOURNMENT Motion by McClatchey, seconded by Murgatroyd, to adjourn the meeting at 10:55 p.m. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. The meeting was adjour pd at 10:55 p.m. i f v MAYOR CITY CLERK