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Home My WebLink AboutMinutes - 06/30/1999 - City Council REGULAR MEETING JUNE 30, 1999 The Regular Meeting of the McHenry City Council was called to order by Mayor Cuda at 7:30 P.M. on Wednesday, June 30, 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, Director of Community Development Napolitano, Director of Public Works Batt, Acting Police Chief Erkenswick. Absent Director of Parks and Recreation Merkel. PRESENTATION: EAC RECOGNITION OF ECO-FRIENDLY BUSINESSES Environmental Advisory Commission members Chairman Tom McCarthy, Margie McCarthy, John Ridley and Billie Van Cleave were in attendance. The following businesses were presented with a commendation plaque and Eco-Friendly decal acknowledging their recycling efforts: • Bob's Diesel • Brake Parts • Century 21 Care Real Estate • First National Bank of McHenry • Gattone Pharmacy • Lakeland Animal Clinic • McHenry Taekwondo Academy • Steffan's Jewelers • Zion Lutheran Church. PUBLIC HEARING: HUNDRIESER ANNEXATION, REZONING AND VARIANCE REQUEST Mayor Cuda opened the Public Hearing regarding the annexation, rezoning and variance request for the Hundrieser Property at 7:45 p.m. The Petitioner John Hundrieser and his attorney Sam Diamond of Diamond, LeSueur and Associates were in attendance. Attorney Diamond informed Council the petitioner, Mr. Hundrieser, is requesting annexation of approximately .76 acres of property and reclassification to RS-2 with a variance to permit the two existing residences on a single lot. The property commonly known as 3200 Bull Valley Road, is located just west of the Bull Valley Road and Broadway Drive intersection, and is currently zoned A-1 Agricultural. The property is improved with two single-family residences and multiple accessory structures. Staff reminded Council the annexation request was originated in response to the petitioner's request to connect to the City's sanitary sewer system as a result of a failed septic system. Council approval for the sanitary sewer connection was granted at the June 3, 1998 regularly scheduled Council Meeting subject to the following conditions: • Payment of non-residential connection fees; • Filing of a Petition to Annex to the City of McHenry, prior to the issuance of a permit to connect to the sanitary sewer; and • Refund or credit upon annexation, the difference between the resident and non-resident connection fees. The Zoning Board of Appeals at the February 1 , 1999 Public Hearing unanimously recommended approval of the zoning reclassification of the property to RS-2, but recommended denial of the variance request. The Zoning Board of Appeals opined as the property was non-conforming in the County, it should, therefore, be annexed to the City as non-conforming. A lengthy discussion followed. In response to Council inquiry, Staff noted the variance permitting the two existing residential buildings to remain on the one lot has been requested because of the inability to resubdivide this property. The property can continue to be used as it currently exists without the requested variance. However, the buildings could not be replaced or reconstructed as they currently exist. Attorney Diamond stated the petitioner has no plans to expand the use or construct additions to either building. Page 2 6/30/99 City Administrator Lobaito stated Council might consider the initiation of a sunset provision. Alderman Baird suggested an easement permitting shared access be created allowing for the property's subsequent subdivision. Staff, citing the importance of limited access to Miller Road, does not support this option. It was noted the County Board typically restricts conditional uses to a twenty-year time period. Suggestion was made to adopt this particular policy with regard to Mr. Hundrieser's variance request. Some discussion followed regarding the property's accessory structures. In response to Mayor Cuda's inquiry, City Clerk Althoff noted no written or verbal comments had been received by the Clerk's Office regarding the proposed annexation, zoning reclassification and variance request. Mayor Cuda opened the floor to audience comment. Jeff Hirsch of 205 Cross Trail opined denying the petitioner's variance request would place an extreme hardship/burden upon the property owner. Some discussion followed regarding a review of the variance after five years, or granting a variance subject to a twenty-year compliance time frame. Mayor Cuda suggested Staff provide Council with a list of all the non-conforming uses currently in existence on the subject property. Council can then consider the proposed annexation, zoning reclassification and variance request at the July 28, 1999 regularly scheduled Council Meeting. Council concurred. Motion by Glab, seconded by Bolger, to close the Public Hearing regarding the annexation, zoning reclassification and variance request for the Hundrieser property located at 3200 Bull Valley Road at 8:25 p.m. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. -- Voting Nay: None. Absent: None. Motion carried. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA In response to Alderman Glab's request, Consent Agenda Item #4, Resolution in support of "Gang Free Zones" was pulled from the Consent Agenda. In addition, Alderman Murgatroyd requested Consent Agenda Item #2, 1999 Street Program Change Order No. 1 be pulled from the Consent Agenda. Alderman McClatchey noted a correction in the June 14, 1999 minutes. The original motion to approve an ordinance authorizing the Mayor and City Clerk's execution of the Boundary Agreement between the City of McHenry and the Village of Johnsburg subject to language clarification was made by Alderman Murgatroyd, not Alderman McClatchey. .__. Motion by Murgatroyd, seconded by Glab, to approve the Consent Agenda, as follows, subject to the removal of Item #4, Resolution in support of "Gang Free Zones" and the removal of Consent Agenda Item #2, 1999 Street Program Change Order No. 1 : ■ Temporary Use Petersen Park for NIMC Auxiliary Craft Fair - June 11 , 2000; ■ Block Party requests: ■ August 14, 1999 - Laurie Maim-Schachtner (Crystal Trail in Winding Creek); ■ August 14, 1999 - Pattie Lunkenheimer (Malibu Court in Malibu Estates); ■ Bills for Approval; GENERAL FUND AB DICK PRODUCTS CO 443.50 Page 3 6/30/99 ACE HARDWARE, BJORKMAN'S 1, 162.37 ADAMS ENTERPRISES INC, R 8.30 ADAMS STEEL SERVICE INC 394 .78 ADIRONDACK DIRECT 383.40 AFELD, ROBERT 35.00 ALEXANDER LUMBER CO 189. 90 AMERICAN HOTEL REGISTER 64 .46 AMERICAN MGMT ASSOCIATIO 50. 65 AMERICAN NURSERY & LANDS 42.75 AMERITECH 4, 155.55 ANNESSER, JEANINE 115.00 ARROW UNIFORM RENTAL INC 176.24 _ ARVIDSON INTEGRATED WATE 54 .10 BADGER UNIFORMS 553. 95 BARN NURSERY, THE 128.56 BAXTER & WOODMAN 1, 298. 92 BICYCLE CLUB OF LAKE COU 35.00 BILLON, CAROLYN 48.00 BOELTER, HAROLD 90.00 BONCOSKY OIL COMPANY 8, 591. 18 BOONE CREEK GOLF CLUB IN 650.00 BOTTS WELDING & TRUCK SE 238. 67 BRADY, PHILLIP E & ASSOC 1, 005.00 BROGAN, BILL 49.00 BUSINESS & LEGAL REPORTS 320.08 BUSS FORD SALES 856.39 BYRNE, BOBETTE 37.00 CAREY ELECTRIC 442.00 CARPENTER, ROBIN 55.00 CELLULAR ONE - CHICAGO 445.81 CENTEGRA OCCUPATIONAL HE 469. 95 CEREGHINO, MICHELLE 65.00 CHICAGO TRIBUNE 197.40 CHICAGOLAND BANDIT INC 142.80 COLLIS, COLEEN 32.00 COMED 12, 534 .86 COMMUNICATIONS REVOLVING 425.00 CONSERV FS 551. 92 CONTRACTING & MATERIAL C 1, 153. 65 COOK, JEFF 35.00 CORNERSTONE MATERIAL 1, 405.00 COUNTRYSIDE FLOWER SHOP 262.34 CRAFT CONCRETE PRODUCTS 1, 036. 10 CRESCENT ELECTRIC SUPPLY 111.74 CRYSTAL MANOR STABLE 1, 000.00 CURRAN CONTRACTING CO 3, 481.32 D & J AUTOMOTIVE SUPPLY 623.45 D'S MARINE SERVICE INC 3.88 DADIAN, PAMELA 46.00 DAY-TIMERS INC 24.74 DEBOER ENTERPRISES, JOHN 612.75 DENAPOLI, LAURA 46.00 DIONNE, DEBORAH 18.00 DISCOUNT DISTRIBUTORS 210.30 DIVISION 10 SUPPLIES INC 7, 741.00 DOLGIN, DAWN 53.00 DOLLAR VIDEO 30.00 DON'S TOWING 150.00 ED'S RENTAL & SALES INC 474 .00 ENGLEWOOD ELECTRICAL 1, 178. 98 FDC CORPORATION 250.00 FEDEX 15.75 FIRST MIDWEST BANK 119.30 FISCHER BROS FRESH 421.00 FOXCROFT MEADOWS INC 473.10 FREUND INC, GEORGE P 759.01 FREUND INTERNATIONAL 6, 169.46 GALLIMORE, ELIZABETH 46.00 GARRELTS PLUMBING 838.44 GITZKE, WILLIAM J 716.50 GRAINGER INC, W W 104 .59 GREAT LAKES APPAREL INC 2, 173. 40 GREENE, EUGENE 56.00 GREG SEEMUTH 150.00 HALOGEN SUPPLY COMPANY 1, 328 .39 HANSEN'S ALIGNMENT, DON 105.00 HART, KRISTEN 33.00 HEALTH PLAN MANAGEMENT 17.40 HEINZ, TIM 68.00 HUMPHREY, MARIE 135.00 ICI DELUX PAINT CENTERS 120.00 IDEAL UNIFORM SERVICE 438.05 ILLINOIS MUNICIPAL 252.34 Page 4 6/30/99 IMRF 31, 125. 94 INTERSTATE BATTERY SYSTE 74 .56 INTERSTATE GRAPHICS INC 436. 80 IPRA 30.00 J & L POOL CO INC 23.00 JANNOTTA, BEVERLY 48 .00 JCK CONTRACTOR 300.00 JEWEL FOOD STORES 302.72 JIM ADAMS AUTO BODY 1, 298.01 JONES COACH TRAVEL 1, 185.00 KADISAK TILE & CARPET IN 197.25 KAR PRODUCTS 492. 98 KASTEN, JULIE 35.00 KASZUBOWSKI, SUSAN 46.00 KATHLEEN M LEONARD 13. 12 KDS TECH SERVICES INC 84 .00 KERRY STERBENZ 21. 62 KIELTY, TAMRA 121.00 KLOECKNER, LISA 35.00 KROHN LAWN & LANDSCAPE 15, 941.00 KRUG'S TOWING 75.00 KTD MANUFACTURING AND 13.50 KUEHN, LIDA 46.00 LAFOE, JUDY 43.00 LANG PONTIAC-CADILLAC-SU 56.02 LATZ, KATHY 46.00 LEONARD, KATHLEEN 12.00 LEONARDI'S FOOD 3, 576.35 LIGHTNING POWDER COMPANY 427.75 LONG, TERESA 46.00 LUNKENHEIMER, PATTIE 61. 62 MAIN PAINT & DECORATING 133.20 MANPOWER 814 .42 MARINE RESCUE PRODUCTS I 1, 565.70 MATTHEWS, DENISE 70. 00 MAUCH, MARY 29.00 MAXIM COMMUNICATIONS 5, 788.57 MCANDREW & CUNABAUGH 6, 800. 00 MCHENRY AUTO PARTS 1, 047 .78 MCHENRY CAPITAL DEVELOPM 65, 499.00 MCHENRY COUNTY GLASS & 550.00 MCHENRY COUNTY SUPPLY IN 51.75 MCHENRY FIRESTONE 82.46 MCHENRY GARDEN CENTER 108.00 MCHENRY PAINT GLASS & 6. 99 MCHENRY POLICE OFFICERS 75. 90 MCHENRY SPECIALTIES 269.00 MCHENRY WATER/SEWER FUND 9, 165. 00 MCHENRYCOM COMPANY INC 79.80 MER-MADE FILTER OF S C 1, 111.32 MESSAMORE, TAMMY 65.00 MEYER MATERIAL COMPANY 437.34 MIA SZAMLEWSKI 20.06 MIDWEST AQUATICS LTD 3,225.00 MIHM, HEIDI 120.00 MILLER MONUMENT COMPANY 452. 00 MINUTEMAN PRESS OF MCH 554 . 91 MOMENTUM INC 30.00 MORRIE & SONS 132.50 NATIONAL ARBOR DAY 243.75 NATIONAL GUARDIAN LIFE I 148.86 NATIONAL RECREATION AND 147.00 NCPERS GROUP LIFE INS. 213.00 NCR CORPORATION 4, 726.02 NICOLET SCENIC TOURS 2, 601.00 NICOR GAS 568.27 NORTHEASTERN ILLINOIS 1, 367 .00 NORTHERN KEY & LOCK INC 504 .50 NORTHWEST AUTO ELECTRIC 244 . 14 NORTHWEST ELECTRICAL 116. 16 O'HALLERAN, MAUREEN 32. 00 OFFICE DEPOT INC 235.28 ORIENTAL TRADING CO INC 61.50 OSTAPOWICZ, SLAWOMER 20.00 PACE 4, 147 . 97 PALEKA, KIM 79.00 PD UNION DUES 975.00 PECK, LINDA 18.00 PETALS & STEMS 35.00 PETERSEN SAND & GRAVEL 1, 652.35 PITNEY BOWES 232. 45 PLANNING RESOURCES INC 477. 60 Page 5 6/30/99 POLICE ASSOC DUES 460.00 POSTELNIAK, STANLEY 29.00 POTSIE'S INC 120.00 PREHM, GAIL 12.00 PREMIUM CONCRETE CUTTING 200.00 PRESTIGE OFFICE PRODUCTS 205.85 R & S DISTRIBUTORS INC 483.25 RAINBOW REFRESHMENTS INC 1, 161. 65 RAY FELTSON 250.00 REBMAN, JOAN 43.00 RECREONICS 3, 685.00 REHRIG PACIFIC COMPANY 3, 195.00 RIDGEVIEW ELECTRIC INC 2, 691.27 ROC CONSTRUCTION SUPPLY 118.53 ROCKFORD INDUSTRIAL 827.84 ROGER PECHOUS 19.29 ROSGA, TRICIA 46.00 RUSHING, RHONDA F LANG- 184.51 S & S ARTS & CRAFTS 433. 69 SAM'S CLUB 904 . 66 SCHAEFFER, PAULETTE 17.00 SCHOOL SPECIALTY INC 48. 64 SCHROEDER, TERRI 46.00 SCIAME, RYAN 223.20 SETON NAME PLATE COMPANY 63. 60 SHERMAN MECHANICAL INC 2, 873. 64 SMITH, BERTHA 130.00 SOURCE ONE 246.83 ST PAUL EPISCOPAL CHURCH 155.00 STANDARD EQUIPMENT CO 691.40 STANS OFFICE MACHINES IN 1, 934 .58 SUMMERS PORTABLE TOILETS 617.00 SUNNYSIDE COMPANY 58.50 TEAMSTERS LOCAL 301 479. 90 TEAMSTERS LOCAL UNION #3 2, 429. 10 TETA, MIKE 178.00 THOMAS MCCARTHY 3, 444 .00 THOMPSON ELEVATOR 2, 145.00 TOBECK, DONNA 95.00 TODD INTRAVARTOLO 1, 250.00 TOMARK SPORTS INC 536.00 TOWN & COUNTRY LANDSCAPE 506.55 TOWN & COUNTRY POWER 187.57 TRAFFIC CONTROL & 418.81 TROCKI, TODD 45.00 TROST, SHELLY 54 .13 TROUTS UNLIMITED 40.00 TRUSCO MANUFACTURING CO 133.42 UNITED LABORATORIES 255.48 UNITED PARCEL SERVICE 97.07 UNITED WAY 58.00 UNITED WAY OF MCHENRY CO 140.00 WAL-MART STORES INC 272.23 WARREN ASSOCIATES 6, 000.00 WEARGUARD 57. 94 WELTZIEN, KATHY 46.00 WHOLESALE DIRECT INC 195. 14 WHOLESALE TO THE INSTALL 57. 60 WOLF CAMERA & VIDEO 149. 95 WOLFMEYER, MARIANNE 45.00 WOOD, ROLAND 11. 10 WOODSTOCK LAND SURVEYORS 250.00 ZARNOTH BRUSH WORKS INC 224.00 ZEP MANUFACTURING COMPAN 232.86 ZERONINE MFG CO INC 480.00 ZMT INC 628.00 ZUKOWSKI ROGERS FLOOD & 5, 841. 92 BAND FUND FISHER PIANO SERVICE 55.00 GEO R BREBER MUSIC CO IN 310.50 MUSIC PERFORMANCE 2, 665.00 INSURANCE FUND A J GALLAGHER RISK MGMT 50.00 ANNEXATION FUND MCHENRY COMMUNITY HIGH 2, 964.00 MCHENRY COMMUNITY SCHOOL 4,204.00 MCHENRY PUBLIC LIBRARY 204 .00 Page 6 6/30/99 MOTOR FUEL TAX FUND MOTOR FUEL TAX FUND BAXTER & WOODMAN 21, 482.72 RETAINED PERSONNEL ESCROW RETAINED PERSONNEL ESCROW BAXTER & WOODMAN 1, 414 .10 ZUKOWSKI ROGERS FLOOD & 1, 317.50 WATER/SEWER FUND WATER/SEWER FUND ACE HARDWARE, BJORKMAN'S 505.43 ACME BRICK & SUPPLY CO 108.00 ADAMS ENTERPRISES INC, R 17.53 ADAMS STEEL SERVICE INC 24.00 ALEXANDER CHEMICAL CORP 912.00 ALEXANDER LUMBER CO 54. 90 AMERITECH 328.34 AQUAPREP 3, 206.25 ARROW UNIFORM RENTAL INC 324.36 BAXTER & WOODMAN 221.35 BONCOSKY OIL COMPANY 421. 48 BOTTS WELDING & TRUCK SE 259.78 CAPP INC 54 .88 COMED 24, 439. 60 COPY TONE INC 64 . 95 CRESCENT ELECTRIC SUPPLY 179.78 CRYSTAL LAKE TIRE & 192. 43 D & J AUTOMOTIVE SUPPLY 72.87 D'ANGELO NATURAL SPRING 64.50 GITZKE, WILLIAM J 91. 60 GLUTH BROTHERS CONSTRUCT 58.30 GOUGH, GARY 68 . 97 GRAINGER INC, W W 80.43 GREAT LAKES APPAREL INC 87 .75 JENSEN SALES CO INC, LEE 200.00 KROHN LAWN & LANDSCAPE 1,703.00 _ LANG PONTIAC-CADILLAC-SU 51.56 LANTVIT, JUDY 100.00 MCHENRY ANALYTICAL WATER 744.00 MCHENRY AUTO PARTS 109.82 MCHENRY COUNTY SUPPLY IN 478 .00 MCHENRY ELECTRIC CO INC 54 . 60 MCHENRY FIRESTONE 354 . 95 MID AMERICAN WATER OF 305.00 MIDWEST CHLORINATING & 325.00 NICOR GAS 2,256. 68 NORTHWEST AUTO ELECTRIC 155.00 PETERSEN SAND & GRAVEL 191. 63 PITNEY BOWES 58. 10 ROWELL CHEMICAL CORP 1,228.50 SAM'S CLUB 92. 60 SCRANTON GILLETTE COMM 40.00 STRATFORD SAFETY PRODUCT 67.45 U S FILTER LAKE BLUFF 52.30 UNITED LABORATORIES 103. 87 UNITED PARCEL SERVICE 72.00 USA BLUEBOOK 976.77 WATER SOLUTIONS UNLIMITE 2, 860.00 WOODLAND RECYCLING & 7, 491. 65 ZMT INC 505.38 CAPITAL PROJECTS FUND BAXTER & WOODMAN 2, 292.50 FUND TOTALS O1 GENERAL FUND 293, 531. 96 05 BAND FUND 3, 030.50 09 INSURANCE FUND 50.00 13 ANNEXATION FUND 7, 372.00 22 MOTOR FUEL TAX FUND 21, 482.72 39 RETAINED PERSONNEL ESCROW 2, 731. 60 51 WATER/SEWER FUND 52, 417.34 59 CAPITAL PROJECTS FUND 2,292.50 **** 382, 908 . 62 ■ Approval City Council Minutes: June 14, 1999 regular meeting subject to the correction of the motion to approve an ordinance authorizing the Mayor and City Clerk's execution of the Boundary Agreement between the City of McHenry and the Village of Johnsburg Page 7 6/30/99 subject to the inclusion of language requiring immediate arbitration in the event of a disagreement as to the definition of "sound engineering" as referenced in paragraph 13, to reflect the motion was made by Murgatroyd, not McClatchey. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. _ 1999 STREET PROGRAM CHANGE ORDER NO. 1 IN THE AMOUNT OF $194 239.98 Alderman Murgatroyd requested clarification as to the substitution of Shepherd Hill Lane for Shore Drive in the 1999 Street Program. Public Works Committee Chairman Alderman Bolger explained the Public Works Committee felt Shepherd Hill was in worse condition and Shore Drive was eligible for federal reimbursement monies. Some discussion followed. Alderman Baird noted Shepherd Hill Lane and Shore Drive were ranked consecutively with regard to cost effectiveness. Mayor Cuda noted obtaining federal monies for Shore Drive conceivably might take years. In response to inquiry, Staff noted an increase in total cost of the proposed 1999 Street Program of $80,000 to include Shore Drive. Motion by Baird, seconded by Glab, to approve the proposed 1999 Street Program, subject to the inclusion of Shore Drive, reducing the scope of the program by $114,239.98 as opposed to $194,239.98. Voting Aye: Glab, McClatchey, Murgatroyd, Baird. Voting Nay: Bolger. Absent: None. Motion carried. RESOLUTION IN SUPPORT OF "GANG FREE ZONES" ORDINANCE Alderman Glab, noting the recent increase in gang symbol vandalism, stated the importance of supporting any type of gang intolerance action. He also stated the importance of informing residents of the City's vigilance with regard to gangs. Motion by Glab, seconded by McClatchey, to pass and approve a resolution in support of the "Gang Free Zones" ordinance adopted by the Town of Cicero. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. COLLECTIVE BARGAINING AGREEMENTS FOR MCPOA UNIT I AND UNIT II Council deferred formal action of the Collective Bargaining Agreements between the City of McHenry and the McHenry Police Officer's Association Unit 1 and the City of McHenry and the McHenry Police Officer's Association Civil Bargaining Unit II at its regularly scheduled June 14, 1999 Council Meeting. City Administrator Lobaito noted, with regard to Unit II, a side letter, clarifying overtime, was being prepared. Initiation of the 6/3 schedule requires an 8 and '/4 hour shift. Existing City policy would require overtime payment for the '/4 hour. Some discussion followed. In response to Alderman Murgatroyd's inquiry, City Administrator Lobaito noted both proposed Collective Bargaining Agreements incorporate a new fee schedule for prescription drugs, incorporating the formulary category. This same program will be introduced to non-contracted employees in the near future. Alderman Murgatroyd expressed concern regarding the need of a side letter as opposed to amending the proposed Agreements. Alderman Murgatroyd also expressed reservations regarding approving these Agreements without viewing the complete document. It was the Page 8 6/30/99 consensus of Council to defer formal action on both the McHenry Police Officer's Association Unit I and McHenry Police Officer's Association Civil Bargaining Unit II Agreements until the July 7, 1999 regularly scheduled Council Meeting, prior to which time the complete Collective Bargaining Agreements will be presented for Council review. ZONING ORDINANCE TEXT AMENDMENT - TEMPORARY USES Staff reported the Community Development Committee, at its June 3, 1999 meeting reviewed existing Zoning Ordinance requirements for Temporary Uses. The following Temporary Uses are permitted, subject to certain conditions, upon issuance of a Temporary Use Permit by the Community Development Department: 1 . Carnivals and Circuses; 2. Sidewalk Display and Sale of Bedding Plants; 3. Sale of Christmas Trees; 4. Temporary Roadside Display and Sale of Farm Produce, Art Work, or Other Merchandise; and 5. Downtown or Shopping Center Sidewalk Sales. The Committee recommended the following changes: ■ Clarify language in Item #2 as follows: a) Change the term "bedding plants" to include other types of landscaping materials; b) Increase the length from 90 days to 120 days permitted by the Temporary Use; and c) Limit the granting of Temporary Uses to existing businesses and non-profit groups only. ■ Require Temporary Uses listed in Item #4 to receive City Council approval prior to the issuance of a Temporary Use Permit. Alderman Glab suggested carnivals and/or circuses be approved by City Council. Some discussion followed. Motion by Baird, seconded by Bolger, to direct Staff to prepare the appropriate materials to conduct a Public Hearing before the Zoning Board of Appeals for the proposed Zoning Ordinance Text revisions for Temporary Uses as presented. Voting Aye: Bolger, McClatchey, Murgatroyd, Baird. Voting Nay: Glab. Absent: None. Motion carried. CONDITIONAL USE PERMIT TO SERVE ALCOHOLIC BEVERAGES - TRUSZKOWSKI DELICATESSEN AND BAKERY - 209 N. FRONT STREET Petitioner Walter J. Truszkowski, his attorney, Samuel Diamond of Diamond, LeSueur and Associates, and project architect and manager John Swierk of Direct Design were in attendance. Staff reported the Petitioner, Walter Truszkowski, is requesting a Conditional Use Permit to allow the sale of alcoholic beverages for onsite consumption and packaged liquors, as part of the operation of a deli. The subject property is located at 209 North Front Street, the former site of Ugly Duckling/Just Ducky Rentals. The deli will prepare food to order and include indoor and outdoor seating areas for customers. The applicant anticipates the bulk of his operation will be devoted to food display and carry out food sales. The packaged liquor sales would be limited to upscale imported specialty liquor, beer and wine. The Zoning Board of Appeals at the May 3, 1999 Public Hearing voted unanimously to approve Mr. Truszkowski's Conditional Use request. Page 9 6/30/99 Motion by Glab, seconded by Bolger, to accept the unanimous recommendation of the Zoning Board of Appeals, and to direct Staff to draft an ordinance granting Walter J. Truszkowski a Conditional Use Permit to allow the sale of alcoholic beverages for onsite consumption and packaged liquors as part a deli operation location at 209 N. Front Street. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird Voting Nay: None. Absent: None. Motion carried. Alderman Baird expressed his surprise that a Class A Liquor License permits not only the sale of alcoholic beverages for onsite consumption, but permits the sale of packaged liquors for consumption offsite. He requested further investigation of this practice be reviewed by the Community Development Committee. City Administrator Lobaito noted the Community Development Committee was currently reviewing liquor license fees. He suggested both these issues be thoroughly investigated and brought before Council for consideration at the same time. Council concurred. ORDINANCE INCREASING NUMBER OF CLASS A LICENSES AND APPROVAL OF LIQUOR LICENSE FOR TRUSZKOWSKI DELICATESSEN AND BAKERY Staff informed Council, in conjunction with the approval of a Conditional Use permitting the sale of alcoholic beverages at 209 North Front Street, Mr. Truszkowski submitted a liquor license application for review by the Liquor Commissioner, Mayor Cuda. Mayor Cuda has reviewed the application and met with Mr. Truszkowski. He is recommending Council approve the application for a Class A Liquor License from Truszkowski Group LLC, Group II, D/B/A Truszkowski Delicatessen and Bakery, subject to the receipt of satisfactory fingerprint results. Mr. Truszkowski has made an appointment to be fingerprinted by the McHenry Police Department, submitted the required paper work, and paid the $1 ,400 annual liquor license fee. An ordinance increasing the number of Class A Liquor Licenses from twenty-five to twenty-six must also be passed. Motion by Bolger, seconded by Glab, to pass an ordinance increasing the number of Class A Liquor Licenses from twenty-five (25) to twenty-six (26), and to approve a Class A Liquor License for Truszkowski Group LLC, Group II, D/B/A Truszkowski Delicatessen and Bakery, subject to the receipt of satisfactory fingerprint results. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. AMENDMENT TO PACINI ANNEXATION AGREEMENT — KRESSWOOD TRAILS TOWNHOMES Staff reported, as per Council direction at the June 14, 1999 regularly scheduled Council Meeting, an ordinance was prepared authorizing the execution of an Amendment to the Kresswood Trails Townhome Annexation Agreement among the City of McHenry, Parkway Bank and Trust Company, Trust No. 10693, and the Pacini Group LLC, permitting the construction of townhome units that are constructed one on top of the other. Motion by McClatchey, seconded by Baird, to pass an ordinance authorizing the Mayor and City Clerk's execution of an Amendment to the Kresswood Trail Townhome Annexation Agreement among the City of McHenry, Parkway Bank and Trust, Trust No. 10693, and the Pacini Group LLC, permitting the construction of townhome units that are constructed one on top of the other. Voting Aye: Bolger, Glab, McClatchey, Baird, Cuda. Voting Nay: Murgatroyd. Absent: None. Motion carried. Page 10 6/30/99 1999-2000 ANNUAL MCMRMA PREMIUM RENEWAL City Administrator Lobaito reported the City of McHenry has been a member of the McHenry County Municipal Risk Management Agency since the pool's inception in 1988. The pool is administered by Arthur J. Gallagher and Company. Its subsidiary, Gallagher Bassett, services and administers claims. The pool provides self-funding and reinsurance for Workers Compensation, General Liability, and Public Officials Insurance Risk. The pool is comprised currently of eight members: the Village of Algonquin, the Village of Fox River Grove, the Village of Huntley, the Village of Island Lake, the City of McHenry, the Village of Spring Grove, the City of Woodstock, and the Woodstock Fire/Rescue District. The 1999-2000 Budget reflects a premium payment of $290,000. The actual premium is $266,449. The City's contribution to the Loss Fund remains at 88%. The Loss Fund was increased in 1998 from 85% to 88%. Alderman Murgatroyd requested clarification of the actual premium expenditure, noting an apparent credit of $21 ,060. Some discussion followed. Assistant City Administrator Maxeiner noted the apparent correct expenditure amount would be $245,389, although the funding level would remain $266,449. Motion by Murgatroyd, seconded by Bolger, to approve the expenditure of $245,389 with a corresponding funding level of $266,449 for the 1999-2000 MCMRMA premium payment. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. STATE GIFT BAN ORDINANCE City Administrator Lobaito explained, as per Public Act 90-737, the State Gift Ban Act, local governments must pass an ordinance prohibiting the solicitation and acceptance of gifts, in a manner substantially in accordance with the requirements of State Statute. All appointed and elected officials under this Act are prohibited from soliciting or accepting gifts from any person or entity that may have interest affected by the official or employee's actions or non-actions. The Act establishes complaint procedures and enforcement provisions. The Act also calls for the City to appoint an ethics officer. The proposed ordinance splits the appointment between the City's Corporate Attorney and the City Administrator. Corporate Counsel will serve to review Statements of Economic Interest and provide guidance in interpreting the Act for elected officials. The City Administrator will do the same for all non-elected City officials and employees. City Administrator Lobaito clarified all complaints will be heard the State Legislative Ethics Commission. Motion by Glab, seconded by Bolger, to pass an ordinance amending the City of McHenry's Municipal Code to include Section 2-55, the State Gift Ban Act, in compliance with Illinois State Public Act 90-737. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. ORDINANCE PROHIBITNG LEFT-HAND TURNS ONTO ELM STREET FROM GREEN STREET Director of Public Works Batt informed Council Staff has received numerous complaints regarding traffic stacking problems on northbound Green Street at its intersection with Elm Street. This problem is due in large part to vehicles turning left from northbound Green Street onto Elm Street. Intersection modifications to accommodate left- hand turns are impossible, due to insufficient street width. Therefore, it is Staff's recommendation to pass an ordinance prohibiting left-hand turns at the intersection of Page 11 6/30/99 Green and Elm Street, for both northbound and southbound Green Street traffic, between the hours of 7:00 a.m. and 7:00 p.m. Some discussion followed. It was the consensus of Council to pass the proposed ordinance subject to review prior to November 1 , 1999. Motion by McClatchey, seconded by Bolger, to pass an ordinance prohibiting vehicular left-hand turns at the intersection of Green Street and Elm Street, for both northbound and southbound traffic, between the hours of 7:00 a.m. and 7:00 p.m., subject to review prior to November 1 , 1999. Voting Aye: Bolger, McClatchey, Murgatroyd. Voting Nay: Glab, Baird. Absent: None. Motion carried. MAYOR'S STATEMENT AND REPORTS Mayor Cuda, referencing his memo of June 24, 1999, requested Council direction regarding the joint meeting among McHenry Elementary School District 15, McHenry High School District 156, and City Council. It was the consensus of Council to schedule a joint meeting with both School Boards and the City Council for Tuesday, September 7, 1999. Alderman Glab suggested meetings with other taxing bodies including McHenry Township Fire Protection District and McHenry Public Library District be scheduled. Mayor Cuda informed Council he and City Administrator Lobaito had met with representatives from the Heartland Fields development. The developers have reduced their residential unit numbers by 50%, eliminating all duplex development. The percentage of open space remains the same. They are also proposing to donate 68 acres to the school district as a future school site. In response to Alderman Murgatroyd's inquiry, Mayor Cuda noted the developer has contacted each of the school districts; however, no word of support has yet been received from either school district. Alderman Glab expressed concern regarding the City's over-commitment to the development of townhomes. A lengthy discussion followed. Alderman McClatchey suggested the Community Development Committee review future development considerations. COMMITTEE REPORTS Community Development Committee Chairman Alderman McClatchey reminded the Committee and full Council of the rescheduled Community Development Committee Meeting on Wednesday, July 7, 1999 at 7:00 p.m. to discuss revisions to the proposed Tree Preservation Ordinance. Public Works Committee Chairman Alderman Bolger addressed the Committee's decision regarding 4-inch rollover curb concerns. He noted the Committee unanimously recommended each request be handled on an individual basis as per established City policy. The City of McHenry incurs the expense for curb replacement, while the homeowner incurs the expense for apron replacement. Alderman Bolger scheduled a Public Works Committee Meeting for Wednesday, July 21 , 1999 at 7:00 p.m. to address floodwater drainage problems and sanitary sewer backup problems as experienced by City of McHenry residents on Sunday, June 13, 1999. Chairman Alderman Bolger also requested Staff address flooding problems experienced at the Stillhill and Beach Road intersections on Riverside Drive. STAFF REPORTS Director of Community Development Napolitano reported the Comprehensive Plan wrap-up is scheduled for the July 28, 1999 regularly scheduled Council Meeting. Alderman Glab suggested a letter be sent to Dartmoor area residents soliciting their Page 12 6/30/99 opinion regarding the extension of Dartmoor Drive to State Route 31 . Council did not support his request. Staff was directed, in response to Alderman Baird's request, to redistribute the summary and compilation of Comprehensive Plan Update comments received from area residents within the Friday Agenda packet. Director Napolitano requested Council direction regarding Beach Drive in McHenry Shores. Alderman Baird, noting the 67% response rate with 63% of the responses opposing the opening of Beach Drive, opined Beach Drive should remain closed. Council concurred. Council directed City ...� Clerk Althoff to include the survey results in the September City Newsletter. In addition, Staff was directed to investigate resident complaints regarding speeding on Biscayne Drive. City Administrator Lobaito, referencing his memo of June 30, 1999, regarding Mosquito Abatement, requested Council authorization for a $5,304 expenditure for a one- time air mist application. He noted the City contracts annually with Clarke Environmental Mosquito Management, to conduct a mosquito larvicide program. The contract also contains an option for air mist services on an as-needed basis. Clarke Environmental Mosquito Management consultant George Balis has informed Staff the mosquito annoyance level will be at an all-time high by mid-July, due to the heavy volumes of rain experienced in this area. Some discussion followed. Noting the proximity to the Fourth of July holiday weekend, Mayor Cuda suggested Council consider two air mist applications. Motion by Baird, seconded by Glab, to authorize Staff to contract with Clarke Environmental Mosquito Management for a maximum of two City-wide mist applications, at a cost not-to-exceed $10,608, subject to the inclusion of mist applications to various parks associated with scheduled special events for the summer season. Voting Aye: Bolger, Glab, Murgatroyd, Baird. Voting Nay: McClatchey. Absent: None. Motion carried. City Administrator Lobaito also requested a Finance and Personnel Committee Meeting be scheduled to discuss outstanding personnel issues. He also noted Department Head reviews will be presented to full Council at the July 14, 1999 regularly scheduled Council Meeting. Finance and Personnel Committee Chairman Alderman Murgatroyd scheduled a Finance and Personnel Committee Meeting for Tuesday, July 13, 1999 at 7:00 p.m. City Administrator Lobaito informed Council a Budget Report will be provided Council in Friday's Agenda packet. NEW BUSINESS Referencing the Northwest Herald article on the dog shooting, Alderman Glab informed Council the article included erroneous information. The dog in question had been terrorizing the neighborhood and the Community Development Department has numerous complaints substantiating these reports. A lengthy discussion ensued. In response to Alderman Glab's suggestion to revise City ordinances regarding animal nuisances, Mayor Cuda responded current City ordinances are more than adequate. The problem is an enforcement issue. Mrs. Larsen of Sandburg Drive addressed Council, noting she lives next door to the property in question. She enumerated several complaints including the housing of several dogs, excess garbage, excess animal feces, and boarded-up windows. After some discussion, Mayor Cuda suggested Mrs. Larsen call and schedule an appointment with him to discuss this issue further. In response to Alderman McClatchey's inquiry, Director of Public Works Batt informed Council all utilities had been notified regarding the erosion of property into the creek as a result of the heavy rains, June 13, 1999. Alderman McClatchey also requested Staff make every effort to notify the community with regard to the mosquito air misting Page 13 6/30/99 applications. Mayor Cuda commended Acting Police Chief Erkenswick for a job well done. EXECUTIVE SESSION Motion by Glab, seconded by Murgatroyd, to go into Executive Session to discuss Personnel and Sale of City Property at 10:13 p.m. _ Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 10:13 p.m. Motion by Baird, seconded by Murgatroyd, to go back into Open Session at 10:35 p.m. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 10:35 p.m. Motion by Glab, seconded by Murgatroyd, to concur with City Clerk Althoff's appointment of Janice MacDonald to the part time Front Counter Receptionist/Clerk position, beginning immediately at $9/hour. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Motion by Murgatroyd, seconded by Bolger, to approve the Sale of City Property, commonly known as 1115 North River Road, for $180,000 in an as-is condition, and to authorize the Mayor and City Clerk's execution of all related and associated documents, including the sale contract. 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 10:38 p.m. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 10:38 p.m. o , MAYOR CITY CLERK