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Home My WebLink AboutMinutes - 09/17/2001 - City Council REGULAR MEETING SEPTEMBER 17, 2001 The Regular Meeting of the McHenry City Council was called to order by Mayor Althoff, at 7:30 P.M. on Monday, September 17, 2001 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, Low, Murgatroyd, Wimmer. Absent: None. City Staff in attendance were: City Administrator Lobaito, City Clerk Jones, City Attorney McArdle, Chief of Police Kostecki, Director of Public Works Batt and Director Community Development Napolitano. Absent: Assistant City Administrator Maxeiner and Director of Parks and Recreation Merkel. Mayor Althoff noted Boy Scout Billy McBride, who resides at 5407 Abbey Drive, was in attendance. TEN MINUTE PUBLIC INPUT Kathy Beringer, a resident of 575 Glenbrook Road expressed admiration of the Police Department and the Council regarding the revocation of the liquor license held by the establishment known as First Draft. CONSENT AGENDA: Motion by Glab, seconded by Low, to approve the Consent Agenda: ■ Reduction in Letter of Credit— Boone Creek 4; • Reduction in Letter of Credit—Oaks of McHenry, Phase 2; ■ Police Department - Sale of Surplus Property; L ■ Bonfire Request: - September 22, 2001, Steve Peter, 1209 Matanuska Trail - September 28, 2001, Raymond Weirich, 1719 Lakewood Avenue ■ Approve City Council Minutes: o August 13, 2001 regularly scheduled Council Meeting. o August 28, 2001 regularly scheduled Council Meeting: ■ List of as needed checks GENERAL FUND A-ABLE ALARM SERVICE INC 117.72 ABSOLUTE SOUND 12.50 ACE HARDWARE, BJORKMAN'S 927.26 ADAMS AUTO BODY 909.33 ADAMS ENTERPRISES INC, R 8.52 ADAMS ENTERPRISES, R A 25.00 ADAMS OUTDOOR POWER EQUI 75.58 ADAMS STEEL SERVICE INC 225.91 ALEXANDER LUMBER CO 74.60 AMERICAN AUTOMOBILE ASSO 10.00 AMERICAN BUSINESS FORMS 493.35 AMERICAN RED CROSS OF GR 435.60 AMERITECH 5,252.78 ANDERSON TREE SERVICE IN 1,250.00 APA-CMS 10.00 ARCH 30.00 ARNET, ALICE 82.46 ARROW UNIFORM RENTAL INC 277.35 ASECOM INC 438.86 B & F TECHNICAL CODE SER 1,388.10 B AND H INDUSTRIES 300.00 BAKER & SON CO, PETER 1,820.03 BARN NURSERY, THE 37.74 BATTERY ZONE 80.88 BAZILEWICH, GREG 154.00 BEAMAN, BILL 25.00 BENBENEK, RAY 46.00 BERGGREN, LOREN W 95.00 BOELTER, HAROLD 25.00 BONCOSKY OIL COMPANY 7,270.15 Page 2 9/17/01 --� BOTTS WELDING & TRUCK SE 180.47 BRADY & ASSOCIATES, PHIL 4,415.00 BREMER, CURT 189.00 BROGAN, WILLIAM J 18.80 BUSS FORD SALES 1,055.90 C & C HEATING & A/C 300.00 CASTLE PRINTECH 4,696.50 CDW GOVERNMENT INC 1,154.98 CENTURY AUTOMATIC 125.00 CHICAGO TURF & IRRIGATIO 42.85 CINGULAR WIRELESS 345.32 CLIFFORD-WALD 93.19 COMBS, ROBERT 53.24 COMED 15,061.78 COMMUNICATIONS REVOLVING 889.95 COPPERMINE 25.00 CORNERSTONE 25.00 COUGHLIN, DIANE 160.00 CRAFT CONCRETE PRODUCTS 795.50 CRESCENT ELECTRIC SUPPLY 60.53 CRYSTAL MANOR STABLE 1,600.00 CUSTOM VEHICLE SYSTEMS I 2,536.90 D & J AUTOMOTIVE SUPPLY 384.17 DAVIS, TIM 20.00 DEALERS TRANSMISSION EXC 1,250.00 DIEDRICH, JON 25.00 DISCOUNT SCHOOL SUPPLY 152.79 DIVENERE, ROBIN 500.00 DOMINGUEZ, MARIO 15.00 DONAHUE, RAYMOND J 12.54 DOOR SYSTEMS INC 87.00 DOWELL, JEN 25.00 DRESS BARN 30.00 DRUML, NATHAN 25.00 DURA WAX COMPANY INC, TH 114.35 DYNA COMP INC 7.50 ED'S RENTAL & SALES INC 236.00 EGAN, JACK 25.00 ELERT & ASSOCIATES 3,208.30 ELM STREET DESIGN 30.00 EXTECH COMPANY 97.35 FABRIK MOLDED PLASTICS 25.00 FAST EDDIES CAR WASH 433.95 FISCHER BROS FRESH 965.26 FLORES, ROBERTO 15.00 FOERSTER, JEFFERY S 19.30 FOLLETT LIBRARY RESOURCE 35,232.00 FOTO FAST 40.25 FOWLER, TOM 399.00 FOXCROFT MEADOWS INC 416.50 FREUND INTERNATIONAL 24.77 FREUND, MIKE 25.00 G COMMUNICATIONS 1,096.85 G IMPRESSIONS 202.50 GERATY, SEAN 25.00 GERSTAD BUILDERS INC 30.00 GLASS BARN, THE 183.08 GOETTEL, CHRISTINA 22.00 GOPHER SPORT 365.79 GRAINGER INC, W W 99.80 GRALA, JASON 25.00 GRAND SLAM USA 1,216.00 GREAT LAKES FIRE AND 164.70 GURRIE, LETITIA 141.08 HALOGEN SUPPLY COMPANY 215.30 HETLET, CHAD 25.00 HINSHAW & CULBERTSON 532.00 HOWELL, MATT 25.00 .., HUM, BRIAN 25.00 ICI DULUX PAINT CENTERS 615.00 ILLINOIS LAWN EQUIPMENT 52.00 INNOVATIVE PACKAGING INC 249.75 INTOXIMETERS 206.25 IPMA MEMBERSHIP 299.00 JABLONSKI, JACK 25.00 Page 3 9/17/01 JEPSEN TIRE 364.18 JEWEL-OSCO 30.00 JOHNSON, TERI 175.00 JONES SCHOOL BUS SERVICE 445.00 JONES TRAVEL & TOUR 495.00 K-MART 30.00 KAR PRODUCTS 87.66 KELLEY, RICK 63.00 KOCH, TOM 25.00 KOSTECKI, MICHAEL D 13.00 KREASSIG, DANIEL 105.62 KROHN LAWN & LANDSCAPE 15,081.00 KTD MANUFACTURING AND 25.00 KUECHEL, BILL 25.00 KVIDERA EXCAVATION 1,500.00 LAKESIDE PEST CONTROL SE 85.00 LAMBERT, DAVE 25.00 LANG PONTIAC-CADILLAC-SU 125.00 LAROSE, MARK 25.00 LEONARDI'S FOOD SPECIALT 1,827.40 LETN PRIMEDIA WORKPLACE 576.00 LEWIS INTERNATIONAL INC 32.98 LIGHTNING POWDER COMPANY 254.40 LITTLE, ROGER 110.00 LOCKER'S FLOWERS 100.00 LUNKENHEIMER, PATTIE 127.94 LYONS EQUIPMENT, R H 117.75 MAXON, MIKE 25.00 MCANDREWS & CUNABAUGH 61800.00 MCCANN INDUSTRIES INC 745.81 MCCARTHY, THOMAS M 1,160.00 MCHENRY AREA CHAMBER OF 32.00 MCHENRY AUTO PARTS 1,502.51 MCHENRY COMMUNITY HIGH S 72.00 MCHENRY COUNTY SUPPLY IN 120.00 MCHENRY CTY HISTORICAL 20.00 MCHENRY FIRESTONE 55.00 MCHENRY PAINT GLASS & 1,051.20 MCHENRY POLICE PENSION F 49,389.73 MCHENRY ROTARY CLUB 186.75 MCHENRY TOWNSHIP ROAD DI 3,792.35 MENARDS - CRYSTAL LAKE 65.33 MILLER MONUMENT COMPANY 259.50 MINUTEMAN PRESS OF MCH 381.23 MIXSON PPCT PRODUCTS 2,290.80 MOBIL 30.00 MOORE, KEVIN 25.00 MORRIE AND SONS INC 259.28 MUNICIPAL CLERKS OF 90.00 NATIONAL BUSINESS FURNIT 5,175.60 NATIONAL RECREATION AND 350.00 NEWMAN, CHRISTINE 146.95 NEXTEL COMMUNICATIONS 837.52 NICOR GAS 296.33 NORTHERN ILLINOIS SPECIA 689.00 NORTHWEST AUTO ELECTRIC 45.00 NORTHWEST COURT REPORTIN 110.00 NORTHWEST ELECTRICAL SUP 109.46 NORTHWEST FORD & STERLIN 443.26 NORTHWEST HERALD 48.56 NORTHWEST LAMINATION 25.00 OAKS MARATHON 138.00 OFFICE DEPOT INC 795.76 OFFICIAL HEATING & COOLI 25.00 OLSON AUTO BODY 55.00 ORIENTAL TRADING CO INC 48.30 OWSLEY, MIKE 56.13 PACE 19,215.59 PAPROCKI, KRISTINE 65.36 PARADISE COMPUTER 290.70 PATTEN INDUSTRIES INC 17.50 PEDERSEN GMC 9.20 PEPSI-COLA GENERAL BOTTL 218.25 PERKINS, MICHAEL 29.81 PETALS & STEMS 35.00 PETERSEN SAND & GRAVEL 332.23 PINTER, WILLIAM S 126.00 Page 4 9/17/01 PITNEY BOWES INC 232.45 POWELL, MEGAN 25.00 R & S DISTRIBUTORS INC 482.00 REICHERT CHEVROLET 31.31 RELIABLE SAND & GRAVEL 206.66 RHOADES, JOE 25.00 RICCI, DONNA 66.87 RIDGEVIEW ELECTRIC INC 423.62 RIVERSIDE BAKE SHOP 12.19 ROGERS, MATT 308.92 S & S ARTS & CRAFTS 363.08 SAM'S CLUB 544.66 SASAK, TODD 42.99 SAVAGE, LYNDA 42.00 SCAN-AM 4,304.00 SCHAEFER, JEFFREY 25.00 SCHIMKE, PHIL 25.00 SCHWAB, BRANDON 25.00 SEARS 22.98 SEARS HARDWARE 30.00 SEXTON, ERIC M 60.10 SHERMAN MECHANICAL INC 778.02 SLONE, DAWN 26.50 SMITH ENGINEERING 25.00 STANS OFFICE TECHNOLOGIE 2,016.87 STATE TREASURER IDOT 247.00 SUMMERS PORTABLE TOILETS 228.00 THOMPSON ELEVATOR INSPEC 34.00 TJ CONEVERA'S INC 357.00 TRAFFIC CONTROL & 370.71 TRENCH-IT 25.00 TROCKI, TODD A 176.00 UNITED LABORATORIES 273.60 UNITED PARCEL SERVICE 64.76 UNRUH, BRETT 42.00 VAN ALSTYNE, KRISTINE 65.00 VOGT, MARK 25.00 WARING, ANN 520.00 WARREN, TOM 231.00 WEARGUARD 125.96 WICKERSHEIM, PATRICIA 115.00 WIGMAN, GARY R 13.20 WIRFS INDUSTRIES INC 210.00 WOLF CAMERA & VIDEO 176.64 WOOD, ROLAND 415.58 ZARATE, MIGUEL C 30.00 ZUKOWSKI ROGERS FLOOD & 3,558.75 ANNEXATION FUND MCHENRY COMMUNITY HIGH S 30,045.30 MCHENRY COMMUNITY SCHOOL 42,592.70 MCHENRY PUBLIC LIBRARY 2,464.00 DEVELOPER DONATION FUND ALEXANDER LUMBER CO 43,449.72 ALTHOFF INDUSTRIES INC 1,077.00 CRAFT CONCRETE PRODUCTS 624.50 MEYER MATERIAL COMPANY 8,211.19 MIDWEST ARCHAEOLOGICAL 1,840.00 PROGRAM ELECTRIC SERVICE 2,288.54 STREET IMPROVEMENTS FUND BAXTER & WOODMAN 7,498.20 SPECIAL SERVICE-EDGEBROOK BAXTER & WOODMAN 12,767.46 CAPITAL IMPROVEMENTS FUND BAXTER & WOODMAN 1,080.10 .� SMITH ENGINEERING CONSUL 8,927.50 VILLACRES, WILLIAM AND C 2,450.00 WATER/SEWER FUND ACE HARDWARE, BJORKMAN'S 440.46 ADAMS ENTERPRISES INC, R 26.75 ALEXANDER CHEMICAL CORP 865.00 Page 5 9/17/01 AMERITECH 1,136.76 AQUAPREP 4,455.00 ARROW UNIFORM RENTAL INC 453.15 BAXTER & WOODMAN 931.82 BONCOSKY OIL COMPANY 978.40 BOTTS WELDING & TRUCK SE 23.00 CHEMICAL PUMP SALES AND 204.00 CINGULAR WIRELESS 68.09 COMED 28,977.17 D'ANGELO NATURAL SPRING 42.00 D'S MARINE SERVICE INC 140.00 FOXCROFT MEADOWS INC 60.50 HACH COMPANY 205.32 KROHN LAWN & LANDSCAPE 2,077.00 KTD MANUFACTURING AND 248.50 LEE ENGINEERING SALES CO 592.25 MARBLEHEAD LIME COMPANY 3,256.00 MCHENRY ANALYTICAL WATER 467.00 MCHENRY AUTO PARTS 105.81 MCHENRY COUNTY GLASS & 68.60 MCHENRY COUNTY SUPPLY IN 592.00 MCMASTER-CARR SUPPLY CO 59.93 METROPOLITAN INDUSTRIES 102.09 MEYER MATERIAL COMPANY 35.63 MIDWEST METER INC 4,493.54 MINARIK 249.76 NCL OF WISCONSIN INC 542.42 NICOR GAS 697.47 OFFICE DEPOT INC 7.41 PITNEY BOWES INC 58.10 VIKING CHEMICAL COMPANY 2,509.88 WEARGUARD 230.50 WOODLAND RDF 3,134.25 UTILITY IMPROVEMENTS FUND BAXTER & WOODMAN 318.00 RISK MANAGEMENT FUND GALLAGHER RISK MANAGEMEN 50.00 MID AMERICAN WATER OF WA 170.00 USF - LAKE BLUFF IL 1,230.60 RETAINED PERSONNEL ESCROW BAXTER & WOODMAN 23,421.34 MCHENRY ANALYTICAL WATER 247.00 ZUKOWSKI ROGERS FLOOD & 3,330.00 GRAND TOTALS 495,432.82 FUND TOTALS GENERAL FUND 242,814.11 ANNEXATION FUND 75,102.00 DEVELOPER DONATION FUND 57,490.95 STREET IMPROVEMENTS FUND 7,498.20 SPECIAL SERVICE-EDGEBROOK 12,767.46 CAPITAL IMPROVEMENTS FUND 12,457.60 WATER/SEWER FUND 58,535.56 UTILITY IMPROVEMENTS FUND 318.00 RISK MANAGEMENT FUND 1,450.60 RETAINED PERSONNEL ESCROW 26,998.34 TOTALS 495,432.82 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. Page 6 9/17/01 REQUEST FOR VARIANCE -_FRONT YARD SETBACK, 6829 BURNING TREE CIRCLE Kenneth and Shelby Reese property owners of 6829 Burning Tree Circle were in attendance. Mr. Reese addressed Council requesting a variance granting a front yard setback for an existing 0.3-foot encroachment over the 50-foot front building setback line. Director of Community Development Napolitano noted the northwest corner of the garage, currently under construction, was inadvertently located beyond the required setback line of 50 feet. The subject property is zoned RS-1, Low Density Single Family Residential, and the minimum front yard setback in this district is 50 feet. An error in calculation occurred during the installation of the foundation and was not discovered until framing was well under way. The encroachment is negligible. The proposed variance is minimal and would not impact the character or appearance of the area. Requiring strict conformance with the setback on this lot would place a severe burden on the applicant. The Zoning Board of Appeals at a Public Hearing held on August 30, 2001 unanimously approved the request for variance. Motion by Bolger, seconded by Wimmer, to accept the unanimous recommendation of the Zoning Board of Appeals and to pass an ordinance granting a 0.3-foot variance to the required 50-foot front yard set back for the property located at 6829 Burning Tree Circle. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR VARIANCE - SIDE YARD SETBACK, 1114 OAKWOOD DRIVE Mr. Vernon Block, property owner of 1114 Oakwood Drive, was in attendance and requested a variance to allow a north side yard set back of approximately five feet to allow construction of a second garage stall onto the existing attached garage. Director of Community Development Napolitano noted the property is currently zoned RS-3, Medium High Density Single-Family Residential. The minimum side yard setback in this district is ten feet or ten percent of the lot width, whichever is less. The existing home is currently setback 17.3 feet from the north property line. A 12-foot expansion of the existing attached garage is proposed, which would result in a new side yard setback of approximately 5.3 feet. Director Napolitano stated the Zoning Board of Appeals at a Public Hearing held on August 30, 2001 unanimously approved Mr. Block's request for a variance. Alderman Glab stated the request for a variance seems reasonable as long as the neighbors have no objection. Page 7 9/17/01 �— Motion by Glab, seconded by Bolger, to accept the unanimous recommendation of the Zoning Board of Appeals, and to pass an ordinance granting a variance permitting a north side yard setback of 5.3 feet for the property located at 1114 Oakwood Drive. Voting Aye: Bolger, Glab, Low, Wimmer Voting Nay: Murgatroyd. Absent: None. Motion carried. REQUEST FOR VARIANCE - FRONT YARD SETBACK, 5816 LANDCASTER CIRCLE Mr. Roger Gerstad of Gerstad Builders, property owner of 5816 Landcaster Circle, was in attendance and requested Council grant a variance for an existing 3.35 foot encroachment over the front yard 30-foot building line. The southwest corner of a new home, recently constructed on the site, was inadvertently located beyond the required set back line. Director of Community Development Napolitano noted the subject property is currently zoned RS-2, Medium Density Single-Family Residential, which requires a minimum front yard setback of 30 feet. An error occurred during the installation of the foundation. The error was not discovered until construction was completed and the residence was ready for occupancy. The proposed variance is minimal and will not have an impact on the character or appearance of the area. The encroachment is at the curve in the bulb of Landcaster Circle and does not visually detract from the surrounding area. Director Napolitano stated the Zoning Board of Appeals at a Public Hearing held on August 30, 2001 unanimously approved the request for variance. Alderman Murgatroyd inquired how the foundation setting error could occur. Mr. Gerstad stated the error originated with an irregularity in the lot size and was an oversight. Alderman Murgatroyd opined procedures should be addressed to avoid this type of oversight in the future. Director Napolitano advised Council a spotted survey is required and this type of incident occurs infrequently. Motion by Glab, seconded by Bolger, to accept the unanimous recommendation of the Zoning Board of Appeals and to pass an ordinance granting a variance permitting a 3.35-foot encroachment of the required 30-foot front yard setback for the property located at 5816 Landcaster Circle. Voting Aye: Bolger, Glab, Low, Wimmer Voting Nay: Murgatroyd. Absent: None. Motion carried. REQUEST FOR VARIANCE - FRONT YARD SETBACK, 5805 LANDCASTER CIRCLE `- Mr. Roger Gerstad of Gerstad Builders, property owner, was in attendance and requested a variance to permit an existing 3.3-foot encroachment over the 30-foot front yard building line for the property located at 5805 Landcaster Circle. The northeast corner of a new home, recently constructed on the site, was inadvertently located beyond the Page 8 9/17/01 "1 required set back line. Director of Community Development Napolitano noted the subject property is currently zoned RS-2, Medium Density Single-Family Residential which requires a minimum front yard setback of 30 feet. An error occurred during the installation of the foundation. The error was not discovered until construction was completed and the residence was ready for occupancy. The proposed variance is minimal and will not have an impact on the character or appearance of the area. The encroachment is at the curve in the bulb of Landcaster Circle and does not visually detract from the surrounding area. Director Napolitano stated the Zoning Board of Appeals at its Public Hearing held on August 30, 2001 unanimously approved the request for variance. Motion by Glab, seconded by Bolger, to accept the unanimous recommendation of the Zoning Board of Appeals and to pass an ordinance granting the request for a variance permitting a 3.3-foot encroachment of the required front yard setback at 5805 Landcaster Circle. Voting Aye: Bolger, Glab, Low, Wimmer Voting Nay: Murgatroyd. Absent: None. Motion carried. Council expressed concern over the number of requested setback variances and specifically requested Staff direct letters to area developers addressing the issue. Director of Community Development Napolitano concurred with Council's concerns agreeing to send a letter out to all area developers. REVIEW OF OFFICE BUILDING SITE PLAN - CHURCH OF HOLY APOSTLES, 5211 W. BULL VALLEY ROAD Tim Adams representing Church of Holy Apostles advised Council Church of Holy Apostles is proposing to construct a new 2,750 square foot office building on the east side of the property located at 5211 Bull Valley Road. The office building would be used to house the office of Catholic Charities, currently located within the church building. Future offices housing similar organizations are proposed along the eastern property line and would be constructed as funds become available. Mr. Adams declared he was before the Council pursuant to the terms of the Annexation Agreement, which states all new buildings on the church property are required to obtain site plan approval from the City Council. In response to Alderman Glab's inquiry, Staff advised there would be no alterations to driveway access or to existing parking accommodations. Little impact is expected on traffic or parking. -1 Page 9 9/17/01 `- Motion by Bolger, seconded by Murgatroyd, to approve the site plan for Church of Holy Apostles proposed Catholic Charities 64' X 43' office building on the church premises at 5211 W. Bull Valley Road. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer Voting Nay: None. Absent: None. Motion carried. LIBERTY SQUARE, SOUTHWEST CORNER OF ROUTE 31 AND SHAMROCK LANE: 1. CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THRU BANKING FACILITY 2. USE VARIANCE TO ALLOW COMMERCIAL USES 3. APPROVAL OF PRELIMINARY PLAT 4. APPROVAL OF FINAL PLAT FOR LIBERTY SQUARE In attendance were Steve Regopolous representing RST Development, Michael Ek, Attorney for RST Development and engineer Kevin Harder of Smith Engineering. Mr. Ek stated the subject property is comprised of 3.5 acres located at the southwest corner of Illinois Route 31 and Shamrock Lane. The applicant, RST Development, Inc., is proposing to re-subdivide the existing three lots into three newly configured lots. The entire development would share parking and access. The subdivision would be developed as follows: . Lot 1 - 21,000 square foot office building; • Lot 2 - 3,900 square foot drive-thru banking facility; and • Lot 3 — 9,600 square foot office/retail building. Mr. Ek continued, stating a conditional use permit is requested to allow the drive- thru banking facility on Lot 2. The property is currently zoned 0-1, which limits the uses allowed. The applicant is requesting permission to allow a limited number of retail uses on Lot 3. Mr. Ek noted retail uses on Lot 3 would be appropriate as the lot would be adjacent to Route 31. The proposed retail uses would also be available to Irish Prairie residents who would be within walking distance of Liberty Square. Director of Community Development Napolitano noted the Zoning Board of Appeals at a Public Hearing held on August 30, 2001 reviewed the applicants' request for zoning action. The Zoning Board voted unanimously to recommend the conditional use permit for a financial institution with a drive-through facility be granted. The Zoning Board approved the following uses be permitted on Lot 3: • Computer sales, rental and sale • Beauty and barber shops, hair salons • Candy, ice cream, popcorn, nut and yogurt stores • Dry cleaners and laundry, with off-site processing • Card and gift stores • Florist shop • Stationery and office supply stores • Printing shop • Hobby and craft shop Page 10 9/17/01 '1 The Zoning Board did not recommend the Applicants' request to permit the following uses on Lot 3: ■ Donut shop, with restricted hours; ■ Restaurants, eat-in and carry-out, with limited hours; ■ Picture framing stores Director Napolitano stated, upon review of the 1985 Annexation Agreement for this property, a restaurant was included in the list of granted uses. In response to Alderman Bolger's inquiry, Director Napolitano stated the subject property was reclassified to 0-1 in 1986. However, the annexation agreement is still in effect. Alderman Bolger opined retail establishments should not encroach upon office buildings. Attorney McArdle concurred the Annexation Agreement prevails, as it has not expired. Staff indicated the requested uses be approved as a package or not at all. Alderman Murgatroyd admired the development design but concurred with Alderman Bolger regarding retail establishments encroaching on office facilities. Alderman Wimmer stated his preference for an office complex as opposed to a retail facility. Alderman Glab expressed concerns regarding traffic issues. He noted the retail establishments may be beneficial to residents in the vicinity. Mayor Althoff noting there was no consensus among Council, inquired if the applicant would consider amending the request. Mr. Regopolous opined Liberty Square is a well-planned development with a diversified design. He requested Council consider the applicants' request. In response to Mayor Althoff s inquiry, Alderman Low stated some of the proposed retail uses might be appropriate. She noted the complex would be convenient for individuals working or living on that side of town. Alderman Murgatroyd requested more time to discern among the proposed retail uses. Mayor Althoff suggested further consideration of the matter be deferred until the end of this evening's meeting Agenda. RIVERSIDE HOLLOW ANNEXATION AND PRELIMINARY PLAT APPROVAL In attendance was Mr. Keith Blais, V3 Realty, developer of Riverside Hollow Subdivision. Director of Community Development Napolitano reported Council, at the regular scheduled Council Meeting held on July 11, 2001, reviewed V3 Realty's Riverside Hollow Subdivision. The subject property is comprised of 54 acres and is located on the east side of Riverside Drive, at its intersection with McCullom Lake Road. V3 Realty is requesting zoning reclassification to RS-2, Medium Density Family Residential Zoning, in order to develop the property with a 95-lot subdivision. Following review on July 11, 2001, -1 it was the consensus of Council, the Petitioner make the following changes to the Annexation Agreement: Page 11 9/17/01 `- Add clarifying language regarding the number of building permits to be issued each year. • Delete unclear language on stormwater management. • Add language requiring developer to pay $201,000 for the extension of the water main along Riverside Drive from the present City limits to the south property line of the development, within thirty days following approval of the final plat, but no later than one hundred twenty days after execution of the annexation agreement. • Include paragraphs containing recapture language which were inadvertently omitted. • Add language specifying drainage improvements to accommodate Orchard Beach residents concerns. Alderman Bolger stated he continues to have reservations concerning stormwater retention as indicated on Section 13, Page 6 of the Annexation Agreement. He opined the Annexation Agreement should state the developer is required to meet all City ordinances and must comply with the recommendations of the City Engineer. Mr. Blais stated the developers would revise Section 13 to address Alderman Bolger's concerns. Motion by Glab, seconded by Wimmer, to pass and approve an ordinance authorizing the Mayor and City Clerk's execution of the Annexation Agreement between the City of McHenry, property owner Joe Gansec, and contract purchaser V3 Realty, for the 54-acre parcel on the east side of Riverside Drive at its intersection with McCullom Lake Road, commonly known as Riverside Hollow Subdivision, subject to the amendment of Section 13, Page 6, incorporating language requiring the developer to meet all City ordinances and complying with the recommendations of the City engineer. Voting Aye: Bolger, Low, Glab, Wimmer, Althoff. Voting Nay: Murgatroyd. Absent: None. Motion carried. Motion by Glab, seconded by Low, to pass and approve an ordinance annexing the 54-acre parcel located on the east side of Riverside Drive at its intersection with McCullom Lake Road, commonly known as Riverside Hollow Subdivision. Voting Aye: Bolger, Low, Glab, Wimmer, Althoff. Voting Nay: Murgatroyd. Absent: None. Motion carried. Page 12 9/17/01 '\ Motion by Glab, seconded by Bolger, to pass and approve an ordinance acknowledging the recommendation of the Zoning Board of Appeals, granting a zoning reclassification to RS-2 Medium Density Residential Zoning District, of the 54-acre parcel located east of Riverside Drive at its intersection with McCullom Lake Road, commonly known as Riverside Hollow Subdivision, the east side of Riverside Drive at McCullom Lake Road. Voting Aye: Bolger, Low, Glab, Wimmer. Voting Nay: Murgatroyd. Absent: None. Motion carried. Motion by Glab, seconded by Low, to approve the Riverside Hollow Subdivision Preliminary Plat prepared by Smith Engineering on February 21, 2001, last revised August 9, 2001. Voting Aye: Bolger, Low, Glab, Wimmer. Voting Nay: Murgatroyd. Absent: None. Motion carried. AWARD OF BID - SANITARY SEWER TELEVISING Director of Public Works Batt addressed Council stating bid specification were prepared and sought for televising sanitary sewers on streets included in the 2002 Streets Program. Director Batt noted approximately 41,519 lineal feet would be televised. Bids were opened on August 28, 2001 with the low bid submitted by Environmental Heritage proposed the lowest bid as follows: Cost/Ft. for Televising Cost/Hr. for Cleaning BY-Pass Pumping 65 cents $165 $700 per setup Staff recommends awarding the bid for a unit price contract to Environmental Heritage at a cost not to exceed $43,317.35. Mayor Althoff noted for the record the budgeted amount for this work is $60,000. Motion by Murgatroyd, seconded by Bolger, to accept the low bid and award a contract for televising sanitary sewers on streets included in the 2002 Street program to Environmental Heritage, at a cost not to exceed $43,317.35. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. -1 Page 13 9/17/01 `- ILLINOIS DEPARTMENT OF TRANSPORTATION GRANT — MINI-GRANT ALCOHOL ENFORCEMENT PROGRAM (MAP) Chief of Police Kostecki addressed Council explaining the Illinois Department of Transportation (IDOT) offers a grant program to agencies of local government to enhance their Driving Under the Influence (DUI) law enforcement efforts. During seven enforcement periods, established by IDOT, the McHenry Police Department will conduct a public information campaign, including extra patrols, to seek out intoxicated motorists. Under this grant, IDOT reimburses the City for the cost of salary, benefits, supervision and vehicle operation for the extra patrols. Chief Kostecki advised, additional patrols are utilized in the community, at no cost to the City participating in the grant program, as off duty officers are hired back to staff the grant-required enforcement periods. It is Staffs recommendation to authorize the Mayor's execution of the Mini-Grant Alcohol Enforcement Program (MAP) grant application. Motion by Glab, seconded by Murgatroyd, to approve the City of McHenry Police Department participation in the Illinois Department of Transportation Mini-Grant Alcohol Enforcement Program, and to authorize the mayor's execution of the Mini-Grant Alcohol Enforcement Program grant application. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. `.. Absent: None. Motion carried. LIBERTY SQUARE, SOUTHWEST CORNER OF ROUTE 31 AND SHAMROCK LANE: 1. CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THRU BANKING FACILITY 2. USE VARIANCE TO ALLOW COMMERCIAL USES 3. APPROVAL OF PRELIMINARY PLAT 4. APPROVAL OF FINAL PLAT FOR LIBERTY SQUARE Mayor Althoff opened the floor to continued discussion of Agenda Item #11, various zoning issues regarding the Liberty Square Subdivision. Mr. Ek advised Council the applicant wishes to move forward with the requests for a Conditional Use Permit to allow a Drive Thru Banking Facility and Approval of the Preliminary and Final Plat for Liberty Square Subdivision. City Administrator Lobaito advised Council applicant has complied with Staff requirements regarding downstream detention incorporation in the Final Plat. Alderman Murgatroyd stated he would like to review the Annexation Agreement prior to making a decision regarding the variance to allow commercial uses. Page 14 9/17/01 Motion by Murgatroyd, seconded by Bolger, to accept the unanimous recommendation of the Zoning Board of Appeals and to approve a conditional use permit to allow a financial institution with a drive-through facility on Lot 2 of Liberty Square Subdivision. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. Council deferred action with regard to the request for Preliminary Plat Approval, Final Plat Approval and Retail/Commercial Use Variances allowed on Lot 3 until a future regularly scheduled Council Meeting. MAYOR—STATEMENT AND REPORT Mayor Althoff reminded Council of the information meeting with residents of the Hunterville Subdivision on September 19, 2001 at 7:00 p.m. in the Council Chambers. The topic of the meeting is annexation and possible water and sewer connection. Mayor Althoff requested Council provide biographical information to be included on the City's Web Site. Mayor Althoff informed Council the Landmark Commission has designated Main Street a historic area and would like to tour the area with the Aldermen. The Landmark Commission has provided three possible dates for the tour. Mayor Althoff requests each Alderman provide the date most convenient to Deputy Clerk Kunzer. COMMITTEE REPORTS In response to Alderman Low's inquiry, City Administrator Lobaito stated the Committee of the Whole Meeting, scheduled for the purpose of discussing a City recreational center, is October 15, 2001 at 7:30 p.m. DEPARTMENT HEAD REPORTS Director of Public Works Batt informed Council George W. Kennedy began work on the North Interceptor Sewer Project today. Director of Community Development Napolitano advised Council Douglas Martin, City Planner, begins employment with the City on September 24, 2001. Director Napolitano also reported Jason Lee, Inspector 1, began working for the City on September 17, 2001. City Administrator Lobaito informed Council the City was successful in securing a grant for two of its applications. The City will receive $140,000 for engineering and construction of Phase II of the Edgebrook Drainage Project and $16,000 for installation of handicapped accessible sidewalk ramps in the Millcreek area. City Administrator Lobaito advised Council the funds will not be available until January 2002 and only funds expended after January 2002 will be reimbursable. Page 15 9/17/01 NEW BUSINESS Alderman Bolger inquired about the status of census figures required for redistricting. Mayor Althoff responded the information would be ready by next week. EXECUTIVE SESSION Motion by Bolger, seconded by Glab, to go into Executive Session at 8:32 p.m. to discuss Litigation. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 8:32 p.m. Motion by Glab, seconded by Wimmer, to return to Open Session at 9:10 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 9:10 p.m. ADJOURNMENT Motion by Low, seconded by Glab, to adjourn the meeting at 9:12 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None Absent: None Motion carried. The Meeting was adjourned at 9:12 p.m. NJAYOR ITY K L