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HomeMy WebLinkAboutMinutes - 11/17/2003 - City Council REGULAR MEETING NOVEMBER 17, 2003 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, November 17, 2003 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson and Condon. Absent: None. City Staff in attendance were: City Administrator Maxeiner, Assistant Administrator Lockerby, City Attorney McArdle, City Clerk Jones, Assistant Director of Public Works Fink, Director of Parks and Recreation Merkel, Chief of Police O'Meara, Director of Community Development Napolitano and City Treasurer Welter. Absent: Director of Public Works Marcinko, Director of Finance Kline. PUBLIC HEARING: LINCOLN HILL SUBDIVISION At 7:32 p.m. Mayor Low called to order the Public Hearing regarding the consideration of the annexation of the Lincoln Hill Subdivision, located north of Lincoln Road adjacent to Liberty Trails Subdivision. Mayor Low introduced Applicant, Raymond Walls, noting the Applicant is petitioning to annex 18.7 acres located on the north side of Lincoln Road opposite Hillside Lane into the City of McHenry. Additionally, Mr. Wall stated, upon annexation, he is requesting rezoning to RS-2, Medium Density Single-Family Residential along with Preliminary Subdivision Plat approval for 36 single-family lots. Director of Community Development Napolitano informed Council the character of the area near the site is one of residential and agricultural land uses. Single family homes exist to the east, west and south. The proposed land use designation on the Comprehensive Plan is for Low-Density Residential, consisting of 1 to 4 dwellings per acre. The proposed land use and accompanying density are appropriate for this area with a gross density for this project of 1.92 units per acre. The average lot size is 16,500 square feet. There is an existing residence on proposed Lot No. 6, which is included in the 36-lot total. The Petitioner has indicated the existing house on Lot 6 would remain. Director Napolitano stated upon initial review the plat appears to be in substantial compliance with City Ordinances. The subject property would be served by City sanitary sewer and water, which runs along Lincoln Road. Storm water detention facilities are proposed to accommodate expected runoff. The subject property would also be subject to the Liberty Trails and Adams Commercial Centre Recapture Agreements. Director Napolitano noted the subdivision entrance will align with Hillside Lane, on the south side of Lincoln Road, and extend to connect with Liberty Trails Subdivision to the north. Staff is recommending right and left hand turn lanes onto Lincoln Road, as well as a right hand turn deceleration lane and an eastbound left hand lane on Lincoln Road accessing the site. Director Napolitano indicated no further road stubs are proposed, however, the property owner to the west, Stanley Archacki, has expressed a desire to have a road stub connect to his property. Staff does not recommend a road stub connection to the west as Polk Lane in the Liberty Trails Subdivision is currently stubbed to Archacki's west property line. Staff believes this is adequate to serve any future development Mr. Archacki may propose. November 17, 2003 Page 2 Director Napolitano stated at the Planning and Zoning Commission Public Hearing held on July 24, 2003 concern was expressed regarding roadway improvements, tree preservation and screening the proposed subdivision from the adjacent properties on Lincoln Road. The Planning and Zoning Commission voted 4-2 to approve the Zoning Map Amendment to RS-2 upon annexation and the Preliminary Plat, as prepared by Rooney Consultants, subject to the following conditions: • Berm lots 19, 20 and 21 adjacent to the Archacki Property; • Berm lots 7 through 13 adjacent to the Gottlieb Property; • Provide a tree survey report prior to submittal of Final Plat; • Lot 19 or Lot 36 should include public park land and gazebo; • Trade Line Group shall provide photos and plans of other residences previously constructed; • Include deceleration and right turn lanes at entrance from Lincoln Road; • Preserve as many quality trees as possible. Alderman Glab stated he would not support this development as he considers it an extension of the Liberty Trails Subdivision. Additionally he does not support another road cut on Lincoln Road. He expressed concern with the size of the lots. Alderman Murgatroyd stated he would like to see more information regarding the development prior to encouraging the developer to proceed further. He noted there are still many questions that require answers. Responding to Alderman Peterson's inquiry, Director Napolitano stated it has been policy to support connecting of subdivisions for purposes of access and egress. Alderman Murgatroyd opined support of Staff connecting subdivisions to promote safety issues. Alderman Condon concurred with Alderman Murgatroyd, suggesting lot sizes be more consistent. Mayor Low inquired if there was anyone in the audience that would like to speak regarding the proposed development. Mr. Stanley Archacki, a resident at 2604 Lincoln Road, stated there exists a discrepancy concerning the lot lines. He stated Gerstad's surveyor indicates one set of lot lines, while Wall's surveyor has defined another set of lot lines. Mr. Archacki suggested the City, as an impartial third party, request a survey to determine the lot lines prior to annexation. Responding to Mayor Lows inquiry, City Clerk Jones stated her office has received no comments, written or verbal, regarding the subject annexation and development. Motion by Murgatroyd, seconded by Condon, to close the Public Hearing at 8:27 p.m. November 17, 2003 Page 3 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. _ Absent: None. Motion carried. Mayor Low requested Council provide either her or City Administrator Maxeiner with comments encouraging or discouraging the developer moving forward with the project. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Motion by Bolger, seconded by Peterson, to approve the Consent Agenda as presented: • Request for Reduction in Subdivision Surety Bond- Kimball Hill Neighborhood #3; • Approve City Council Minutes: o May 12, 2003 regularly scheduled meeting; o October 6, 2003 regularly scheduled meeting; o November 3, 2003 regularly scheduled meeting; • Approve List of Bills: GENERAL FUND AALTO, BRIAN 119.83 ACE HARDWARE, BJORKMAN'S 532.68 ADAMS ENTERPRISES INC, R 44.35 ADAMS STEEL SERVICE INC 153.25 ADAMS, JOHN 128.66 ALDRIDGE ELECTRIC INC 198.10 ALEXANDER LUMBER CO 79.97 AMERICAN HERITAGE 46.25 AMERICAN SOLUTIONS FOR B 1,041.71 AMERICAN TELECOMMUNICATI 277.67 ARAMARK WORK APPAREL S U 236.77 ARMOR HOLDINGS FORENSICS 78.95 ARNET, ALICE 26.80 B&W CONTROL SYSTEMS INTE 5,731.10 BAKER & SON CO, PETER 21.97 BERGGREN, LOREN W 85.00 BLACK, WILLIAM 34.08 BLOOMINGTON SECURITY SOL 50.50 BONCOSKY OIL COMPANY 14,999.92 BOONE CREEK GOLF CLUB IN 260.00 BORDERS INC 175.56 BOTTS WELDING 6 TRUCK SE 130.50 BRADY 6 ASSOCIATES, PHIL 10,310.00 BUENZLI, JIM 325.00 BULL'Z EYE FAMILY ARCHER 300.00 BUNCH DISTRIBUTING INC 67.87 BUSS FORD SALES 242.96 CALEA 400.00 CAREER BUILDER LLC 670.00 CARON, BARBARA 42.00 CDW GOVERNMENT INC 382.81 CHAMPAGNE, MARY 121.50 CHICAGO BULLS/WHITE SOX 338.00 CINGULAR WIRELESS 14.13 CINTAS CORPORATION #355 114.80 CLARK FOAM PRODUCTS CORP 411.91 CLIFFORD-WALD 121.70 COMED 15,322.50 COMMUNICATIONS REVOLVING 1,646.65 CORPORATE EXPRESS INC 438.86 COUNTY MAP CO, THE 14.00 CRAFT CONCRETE PRODUCTS 360.80 CREANEY, AMYLYNN 58.41 November 17, 2003 Page 4 CRYSTAL LAKE RADIATOR & 87.50 �^ CURRAN CONTRACTING CO 981.31 CUSTOM VEHICLE SYSTEMS I 630.50 D & J AUTOMOTIVE SUPPLY 1,697.29 D'ANGELO, TIM 25.00 DECKER SUPPLY CO INC 445.32 DEWITT, KIM 30.00 DOOR SYSTEMS INC 136.50 DOWELL, JEN 25.00 DUECO INC 44.50 DURA WAX COMPANY INC, TH 247.50 DUTKIEWICZ, CORA 79.00 ED'S RENTAL & SALES INC 264.00 ESCHBACK, MARYLEE 45.00 FAST EDDIES CAR WASH 98.00 FBI NAA 40.00 FILAS, LEON 25.00 FIRESIDE, THE 25.00 FISCHER BROS FRESH 725.50 FLESCH COMPANY INC, GORD 198.83 FOLLETT SOFTWARE CO 30.00 FOTO FAST 7.50 FOXCROFT MEADOWS INC 460.64 FREUND INTERNATIONAL 45.06 FRY, ROBERT J 55.00 G IMPRESSIONS INC 459.20 GEN-POWER INC 1,180.00 GENDE, BOB 25.00 GERSTAD BUILDERS 30.00 GERSTAD BUILDERS INC 1,537.00 GITZKE, WILLIAM 630.35 GLS 325.58 GOVERNMENT FINANCE OFFIC 150.00 GREAT LAKES FIRE & SAFET 400.90 GROVE, KELLY 25.00 ---- GROWER EQUIPMENT & SUPPL 525.79 ' HANSEN'S ALIGNMENT, DON 190.00 HILLER, KEVIN 25.00 HOLIAN, CAROL 47.91 HP SHOOTING CENTER INC 337.50 ICMA 730.52 IL DEPARTMENT OF EMPLOYM 11.45 ILLINOIS MUNICIPAL LEAGU 9.00 IN HOUSE APPAREL & PROMO 88.00 INLAND DETROIT DIESEL AL 197.77 INNOVATIVE PACKAGING INC 37.75 INTEGRA BUSINESS SYSTEMS 57.90 IPRA 1,170.00 JARR, ROB 25.00 JEWEL FOOD STORES 46.64 JONES, JOHN 21.84 JULIE INC 152.63 JUNGMANN, MARLINE S B 402.00 KALE UNIFORMS INC 5,225.55 KAR PRODUCTS 1,371.34 KIRCHNER FIRE 22.75 KLOSOWICZ, MICHELLE 25.00 KRAEPLIN, CRAIG 1,500.00 KRANZ, ANNE 13.36 KROHN LAWN & LANDSCAPE 13,558.70 KUNZER, KATHLEEN 37.44 LAKESIDE PEST CONTROL SE 85.00 LANG PONTIAC-CADILLAC-SU 264.71 LEONARDI'S FOOD SPECIALT 208.90 LESNIAK, TINA 38.33 LETN PRIMEDIA WORKPLACE 576.00 LOCKER'S FLOWERS 40.00 LOFGREN, GREG 48.62 LORCH, NANCY 350.00 LOW, SUSAN 251.52 LUTZEN, PATRICIA 40.00 MARTIN, DOUG 20.88 MAYFAIR CARPETS & FURNIT 510.96 MCANDREWS PC, THE LAW OF 6,800.00 MCCAMBRIDGE, WILLIAM 9.75 MCCANN INDUSTRIES INC 515.77 MCCARTHY, THOMAS M 490.00 November 17, 2003 Page 5 MCHENRY COUNTY CHIEFS OF 36.00 MCHENRY COUNTY GLASS 6 1,183.00 MCHENRY COUNTY SUPPLY IN 3,023.52 MCHENRY FAVORITE SPORT C 166.00 MCHENRY FIRESTONE 65.00 MCHENRY NAPA 1,166.40 MCHENRY POLICE PENSION F 5,230.72 MCHENRY SPECIALTIES 77.50 MCHENRY TOWNSHIP ROAD DI 4,410.00 MCI COMM SERVICE 27.74 MERKEL, PETE 138.23 MEYER JR, DONALD 487.14 MEYER MATERIAL COMPANY 606.02 MID AMERICAN WATER OF WA 53.81 MIDWEST HOMICIDE 25.00 MINUTEMAN PRESS OF MCH 1,603.97 MIONSKE INC, CHARLES A 567.13 MIRACLE RECREATION EQUIP 606.00 MOLNAR, JAMES 65.00 MONTRESSOR, ERIN 12.22 MOORS, KEVIN 258.00 MOTOROLA 1,605.92 NATIONAL ASSOCIATION OF 60.00 NAVAS, SERGIO 20.00 NENA 95.00 NEXTEL COMMUNICATIONS 1,482.34 NICOR GAS 1,387.59 NORTHWEST AUTO ELECTRIC 290.00 COCA 75.00 O'HERRON CO INC, RAY 89.13 OFFICE DEPOT INC 155.13 OLSON, ELMER 10.00 PACE 7,549.91 PARISI, FRANK 25.00 PARTSMASTER 89.16 PATRIOT PAINTBALL CLUB/2 695.00 PERRICON GARDEN CENTER 6 2,919.00 PETALS s STEMS 96.00 PETERSEN SAND 6 GRAVEL 71.83 PETERSON, DEAN 25.00 PETTIBONE S CO, P F 36.95 PILAT ROOFING CONTRACTOR 925.00 POPP, LARRY 104.00 PORTABLE TOOL SALES & SE 120.00 QUILL CORPORATION 228.86 R. & S DISTRIBUTORS INC 337.90 REICHE CONSTRUCTION 30.00 RENT-A-CENTER 30.00 RESERVE ACCOUNT 1,200.00 RICCI, DONNA 12.78 RIVERSIDE BAKE SHOP 15.82 ROC CONSTRUCTION SUPPLY 215.28 ROCKFORD INDUSTRIAL 296.00 S 6 S WORLDWIDE 62.99 SABATKA, CARRIE 15.00 SALES PROMOTION SERVICE 30.00 SCHATZ, DON 195.00 SCHIMKE, PHIL 25.00 SCHMITT, LEON 1,500.00 SELLECK, DAN 25.00 SKILLPATH SEMINARS 122.85 SMITHMEYER, MARGUERITE 68.00 SOCIETY FOR HUMAN RESOUR 160.00 ST PAULS EPISCOPAL CHURC 726.00 STAN'S FINANCIAL SERVICE 278.00 STANDARD EQUIPMENT CO 682.95 STANS OFFICE TECHNOLOGIE 1,506.60 STATES ATTORNEYS APPELLA 170.00 SUBURBAN BUILDING OFFICI 60.00 SUMMERS PORTABLE TOILETS 276.00 THOMAS TRUCKING INC, KEN 1,380.00 THOMPSON ELEVATOR INSPEC 2,148.00 THOMPSON PUBLISHING GROU 298.00 TOLTEST INC 30.00 TOMPKINS, CATHERENE 120.00 TRAFFIC C014TROL 5 2,132.53 TRANSMATIC TRANSMISSION 1,175.00 November 17, 2003 Page 6 TRANSPERSONAL SWIMMING I 37.39 TRI-COUNTY TRUCK TOPS IN 563.00 UNITED PARCEL SERVICE 21.78 US IDENTIFICATION MANUAL 82.50 VLCEK, PEGGY Y9.98 VOLSTAD, SUE 37.00 WEBBER, ERIC 25.00 WEST SIDE TRACTOR SALES 822.06 WHOLESALE DIRECT INC 63.58 WIGMAN, GARY R 104.86 WILLIAMS ELECTRIC SERVIC 180.00 WITT, CINDY 195.13 WOLF CAMERA & VIDEO 44.99 WOODSTOCK LAND SURVEYORS 2,200.00 XENCOM 55.00 ZARATE, MIGUEL C 20.00 ZARNOTH BRUSH WORKS INC 119.00 ZEP MANUFACTURING COMPAN 560.56 ZMT INC 1,296.79 BAND FUND • . CHRISTINE, MAREEN 90.00 CUMMINGS, JOHN G 60.00 DEVELOPER DONATION FUND CKW ARCHITECTS 625.61 THREE D DEISGN STUDIO LL 1,652.85 TIF FUND VOA ASSOCIATES INC 20,186.46 DEBT SERVICE-2000A FUND (MFT) BANK ONE TRUST COMPANY N 372,600.00 DEBT SERVICE-2000B FUND (REFUND) BANK ONE TRUST COMPANY N 320,700.00 CAPITAL IMPROVEMENTS FUND BAXTER & WOODMAN 6,893.38 MCCUAIG HAEGER BOLZ & MC 3,972.50 SMITH ENGINEERING CONSUL 20,099.83 WATER/SEWER FUND ACE HARDWARE, BJORKMAN'S 396.49 ACME BRICK & SUPPLY CO 30.00 ADAMS ENTERPRISES INC, R 204.36 AMERICAN TELECOMMUNICATI 17.35 ARAMARK WORK APPAREL & U 141.19 BAXTER & WOODMAN 2,145.07 BERGGREN, LOREN W 233.00 BONCOSKY OIL COMPANY 1,966.14 CHESTERTON COMPANY, A W 659.97 CINTAS CORPORATION #355 402.50 COMED 26,911.56 CRAFT CONCRETE PRODUCTS 898.80 CRESCENT ELECTRIC SUPPLY 10.68 CRYSTAL CLEAN 30.00 D & J AUTOMOTIVE SUPPLY 221.55 D'ANGELO NATURAL SPRING 42.60 DELL MARKETING LP 800.00 ENVIRONMENTAL RESOURCE A 107.00 FOXCROFT MEADOWS INC 40.95 GROWER EQUIPMENT & SUPPL 31.80 INTERSTATE BATTERY SYSTE 327.85 IRSLINGER, DR BERTRAM 328.80 JULIE INC 305.26 KTD INC 300.53 LEWIS INTERNATIONAL INC 67.86 MCHENRY ANALYTICAL WATER 534.00 MCHENRY COUNTY COLLEGE 95.00 MCHENRY COUNTY SUPPLY IN 75.10 MCHENRY CTY WELL & PUMP 52.10 MCHENRY ELECTRIC & SUPPL 12.46 MCHENRY FIRESTONE 32.00 MCHENRY NAPA 153.99 MCI COMM SERVICE 8.04 MEIER & SONS FENCE MFG, 910.85 November 17, 2003 Page 7 METROPOLITAN INDUSTRIES 660.07 MEYER MATERIAL COMPANY 924.55 MID AMERICAN WATER OF WA 716.00 MIDWEST METER INC 6,499.70 NCL OF WISCONSIN INC 577.97 NEXTEL COMMUNICATIONS 259.51 NICOR GAS 1,524.45 NORTH SUBURBAN WATER 45.00 NORTHWEST AUTO ELECTRIC 89.75 NORTHWEST ELECTRICAL SUP 257.25 PETERSEN SAND & GRAVEL 27.40 PROSAFETY INC 54.52 REBARS & STEEL COMPANY 550.00 RESERVE ACCOUNT 300.00 SCHMITT, JON 133.10 SETTLERS HILL RDF 17,920.95 USA BLUEBOOK 207.56 VANDERSTAPPEN SURVEYING 900.00 VIKING CHEMICAL COMPANY 4,919.25 WATER SOLUTIONS UNLIMITE 2,860.00 ZEE MEDICAL SERVICE CO 69.75 UTILITY IMPROVEMENTS FUND BAXTER & WOODMAN 25,106.20 LAYNE-WESTERN COMPANY 5,398.20 RISK MANAGEMENT FUND MCHENRY AUTO BODY CO INC 1,047.37 MORAINE EMERGENCY PHYSIC 240.00 INFORMATION TECHNOLOGY FUND CDW GOVERNMENT INC 1,031.98 CORPORATE EXPRESS INC 82.26 LAYTON TECHNOLOGY INC 70.00 OFFICE DEPOT INC 252.34 PARADISE COMPUTER 67.50 STANS OFFICE TECHNOLOGIE 963.50 RETAINED PERSONNEL ESCROW BAXTER & WOODMAN 17,134.27 BRINKER INTERNATIONAL 70.00 GERSTAD BUILDERS 2,517.80 MCHENRY ANALYTICAL WATER 13.00 POLICE PENSION FUND MCHENRY AUDIT FUND, CITY 2,000.00 GRAND TOTALS 1,044,064.50 GENERAL FUND 163,197.82 BAND FUND 150.00 DEVELOPER DONATION FUND 2,278.46 TIF FUND 20,186.46 DEBT SERVICE-2000A FUND (MFT) 372,600.00 DEBT SERVICE-2000B FUND (REFUND) 320,700.00 CAPITAL IMPROVEMENTS FUND 30,965.71 WATER/SEWER FUND 77,991.63 UTILITY IMPROVEMENTS FUND 30,504.40 RISK MANAGEMENT FUND 1,287.37 INFORMATION TECHNOLOGY FUND 2,467.58 RETAINED PERSONNEL ESCROW 19,735.07 POLICE PENSION FUND 2,000.00 TOTAL 1,044,064.50 Voting Aye: Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Bolger. Absent: None. Motion carried. -� Alderman Bolger stated he continues to have concerns with some expenses noted on the List of Bills. November 17, 2003 Page 8 PRESENTATION OF FISCAL YEAR 2002/2003 TREASURER'S REPORT Mayor Low introduced City Treasurer Welter. Treasurer Welter presented the Fiscal Year 2002/2003 Treasurer's Report, which was approved at the October 20, 2003 Regular City Council Meeting. City Treasurer Welter stated the overall economy in the City of McHenry is good. City Treasurer Welter summarized the Annual Treasurer's Report. Report.Alderman Bolger complimented Treasurer Welter on his concise preparation of the REQUEST FOR SIGN VARIANCE — ILLINOIS STATE BANK 1689 DRAPER ROAD Director of Community Development Napolitano informed Council a letter was received from Chester V. Ward, President of Illinois State Bank. Illinois State Bank is currently under construction at the southwest corner of Illinois Route 120 and Draper Road. Mr. Ward is seeking Council approval for a variance to allow an additional wall sign on the building, which would be located at the main entrance. The additional sign is requested to enhance the visibility of the entrance to bank patrons. Director Napolitano stated pursuant to the City's sign regulations, two wall signs having a total square footage of 165 square feet are permitted, 1.5 square feet per foot of building frontage. Two wall signs have already been approved for the building and would be located on the clock tower on the north side of the building. The total square footage of the two wall signs is approximately 22 square feet. The requested third wall sign, proposed above the main entrance to the building, is nearly identical to the two signs already approved, approximately 11 square feet in size. Director Napolitano noted Staff has no concerns with the request. The proposed sign is in scale with the building and would provide useful identification at the entrance to the building. Additionally, Director Napolitano noted the total square footage of the wall signs proposed is considerably less than the total square footage allowed for wall signs, 165 square feet. Motion by Bolger, seconded by Peterson, to approve the request for an additional wall sign at the Illinois State Bank, located at 1689 North Draper Road, above the main entrance, of approximately 11 square feet in area. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson. Voting Nay: Glab. Abstained: Condon. Absent: None. Motion carried. REQUEST FOR USE VARIANCE — BJORKMAN'S ACE HARDWARE 4520 WEST CRYSTAL LAKE ROAD Director of Community Development Napolitano informed Council that applicants, Craig Bjorkman and Steve Bjorkman, are requesting permission to locate a 1600-gallon November 17, 2003 Page 9 propane fuel tank on the south part of their Ace Hardware property located at 4520 West Crystal Lake Road. The proposed tank would replace an existing 1000-gallon tank and is needed in response to increased customer demand for propane sales. Director Napolitano noted bulk fuel storage is not permitted in the C-3 zoning district; however, it is permitted in the C-5 zoning district as a Conditional Use. He stated Ace Hardware was constructed in 1989 after receiving a Zoning Map Amendment to C-3. At that time, a 1000-gallon aboveground bulk fuel storage tank was installed. However, no record exists of any special zoning action requirement, such as a conditional use permit or variance. Due to the Applicants' request for an increase in the size of the tank and the change in dimensions, Staff suggested the Applicant request a variance in order to comply with the City's Zoning Ordinance. The proposed tank would be 25 feet in height and 3.6 feet wide. Installation would be similar to the existing tank. The proposed tank is a vertical tank, as opposed to the existing tank, which is horizontal. The tank would be located in the same fence-enclosed area in front of the existing building. Director Napolitano noted the State Fire Marshal has approved installation of the new tank. Director Napolitano stated Staff has no concerns with installation of the new tank. The location of the proposed tank is approximately 145 feet from Crystal Lake Road, and, although the height of the proposed tank is greater than the existing tank, Staff opined the size of the site allows ample room for vehicle maneuvering and safety. Director Napolitano noted the Planning and Zoning Commission at a Public Hearing held on 11/6/03 unanimously recommended approval of the Use Variance for bulk fuel storage for the Bjorkman's Ace Hardware property located at 4520 W. Crystal Lake Road, subject to the following conditions: • Location of the fuel tank shall be as depicted on the plat of survey; • All installation and operating procedures dictated by the State Fire Marshall shall be followed; • Alternatives to a 25-foot high tank should be presented to the City Council from the gas distributor, which would be acceptable by the State Fire Marshall; • Pictures of an existing vertical tank should be presented to City Council; and • A permit from the State Fire Marshall is presented to City Council. Motion by Bolger, seconded by Glab, to acknowledge the recommendation of the Planning and Zoning Commission to approve an ordinance granting a Use Variance for bulk fuel storage to Bjorkman's Ace Hardware property located at 4520 West Crystal Lake Road, subject to the following conditions: • Location of the fuel tank shall be as depicted on the plat of survey; • All installation and operating procedures dictated by the State Fire Marshall shall be followed. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. -�.. Voting Nay: None. Absent: None. Motion carried. November 17, 2003 Page 10 REQUEST FOR TEMPORARY USE — MERCY HEALTH SYSTEM CORPORATION, PROFESSIONAL PLAZA LOT 1 Attorney Lisa M. Waggoner of the Waggoner Law Firm, P.C., appeared before Council representing Mercy Health Systems Corporation, Applicant for a temporary use to allow the construction of a 2,700 square foot modular building on Lot 1 of Professional Plaza Subdivision. Director of Community Development Napolitano stated in April 2003 Mercy Health Systems Corporation (Mercy) received approval for annexation, rezoning to 0-2 Office Park, miscellaneous variances, conceptual site plan and preliminary subdivision plat for a 10.943-acre parcel of property located approximately % mile south of Bull Valley Road on the east side of Illinois Route 31. He noted Mercy has since received final subdivision plat approval from the Council for Professional Plaza Subdivision. It is Mercy's intent to begin construction in Spring 2004 of an approximately 20,000 square foot medical office building on Lot 1. Attorney Waggoner informed Council the Applicant is requesting approval of a temporary use to construct a 2,700 square foot modular building on Lot 1 to house a doctor's office. The doctor's office would provide Mercy with a presence on the site until completion of the permanent structure. A paved parking area would be provided to accommodate up to 28 vehicles and a driveway would be constructed for the purposes of _ accessing the temporary building. The parking area and driveway improvements would be incorporated as a part of the permanent structure upon completion. Attorney Waggoner assured Council the temporary structure would be built to comply with all applicable City building codes. The Applicant intends to hook up to the City's water main and approval is required from the McHenry County Health Department for temporary sanitary facilities to service the site. Director Napolitano opined Staff has no concerns with the request provided use is limited in duration. He suggested the temporary use be limited to one year, until December 1, 2004, or sooner if occupancy is granted for the permanent building. Motion by Glab, seconded by Bolger, to approve the request to place a temporary 2,700 square foot modular building on Lot 1 of the Professional Plaza Subdivision, subject to the following conditions: • The temporary use is limited to one year, until December 1, 2004, or sooner if occupancy is granted for the permanent building; and • Should the permanent building not be constructed by December 1, 2004, the Applicant would be required to request an extension from Council. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson. Voting Nay: None. Abstain: Condon. Absent: None. Motion carried. November 17, 2003 Page 11 REQUEST FOR REIMBURSEMENT OF ROADWAY IMPROVEMENT CONSTRUCTION COSTS—JACK PEASE Director Napolitano stated in July 2000 Council approved several zoning actions to facilitate a land transaction between Amoco and Jack Pease at the southwest corner of Bull Valley Road and Crystal Lake Roads. Amoco sold a vacant L-shaped parcel that wrapped around the fuel station site to Mr. Pease. It was Mr. Pease's intent to construct an office building on the vacant property. In order to construct the office building rezoning to 0-1 was required and some re-platting issues needed to be addressed. Director Napolitano explained, as part of Mr. Pease's development approval, the City required a cash contribution for certain improvements to Bull Valley Road in front of the site. Director Napolitano noted this action was similar to what Council required for Midwest Bank of McHenry County, located west of Valley View Commons. The Bank previously contributed $12,500 to the City for the road improvements pursuant to their Annexation Agreement. As Mr. Pease is in the road construction business, the City agreed to permit him to construct the required improvements rather than make a cash contribution. The City offered to adopt a Recapture Agreement to permit Mr. Pease to recoup remaining costs from the benefited property owner. Engineering plans and estimated costs for the improvements totaled $67,065.55 and were reviewed and approved by the City Engineer. A third benefited property owner, Dave Backhaus, was contacted and asked to participate in the cost of the improvement, but, at the time, declined to participate. Director Napolitano stated the improvements consisted of a three-lane cross section on Bull Valley Road from Brookwood Drive east to Crystal Lake Road. The improvements were completed in the Spring of 2002 and the City released the $12,500, put up by Midwest Bank of McHenry County, to Mr. Pease in July 2002. In July 2002 the Council first considered a Recapture Agreement with Mr. Pease but delayed taking action at the request of Mr. Backhaus, the benefited property owner, who requested additional time to review the Agreement. Upon review of the Recapture Agreement, Mr. Backhaus opined his share of the improvement, $39,035.40, was excessive and asked that the figures be re-examined. Staff re-evaluated the cost per frontage and determined the amount proposed to Mr. Backhaus was indeed too high, but also that the $12,500 received from the bank was insufficient to cover their share. Mr. Backhaus has agreed to pay $32,000, which more accurately reflects his share. However, Mr. Pease is looking to receive compensation for the difference between the amount the bank and Mr. Backhaus paid totaling $44,500, and their actual share, $50,410; which is $5,910. Director Napolitano stated Staff is cognizant of Mr. Pease desire to be compensated for work completed, noting it is unfortunate the City did not receive a greater amount from the bank. However, at the time the extent of the improvements and the costs for the road were unknown. Staff opined with the amount of vacant land available to the west and south of the site, and the City's recent policy to require contribution for future traffic improvements, Mr. Pease should be compensated. November 17, 2003 Page 12 Motion by Murgatroyd, seconded by Wimmer, to pass an ordinance authorizing the Mayor's execution of a Reimbursement for Roadway Construction Improvements Agreement with Jack Pease for roadway improvements on Bull Valley Road west of Crystal Lake Road to Jack Pease, and Granting reimbursement by the City of McHenry in the amount of$5,910, subject to review of the Agreement by the City Attorney. Voting Aye: Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Bolger, Glab. Absent: None. Motion carried. APROVE RESOLUTION ADOPTING VANTAGECARE RETIREMENT HEALTH SAVINGS PROGRAM Assistant City Administrator Lockerby stated as part of the collective bargaining process with the three unions, Fraternal Order of Police Unit I, Fraternal Order of Police Unit II and the Public Works/Parks Association, the City agreed to provide the Retirement Health Savings Program (RHS) on or before January 1, 2004. The RHS Program is an additional employee benefit which enables eligible employees to contribute the monetary value of accrued sick leave into a savings program that provides a return on investment and can be used to reimburse eligible out-of-pocket medical expenses incurred by the employee, employee's spouse and/or the employee's dependent. Qualifying medical expenses are defined by the Internal Revenue Service. Mr. Lockerby informed Council in order to be eligible for the RHS benefit an employee must have been employed by the City for twelve years or longer and have accumulated forty-one or more days of sick leave. An eligible employee may elect to contribute to the RHS an amount, to be paid by the City only, equal to the compensation then due for the contributed sick leave days. The amount of contributed sick leave days is not to exceed a total of fifty days and would leave the employee subsequent to the contribution, with no less than forty days of sick leave. Mr. Lockerby stated the RHS Program follows the same eligibility requirements and parameters as the current sick leave payout, but provides the employee with an alternative for employees to invest cash compensation for their eligible sick time accrual annually as opposed to receiving a lump sum cash payout at the time of separation from employment. The financial impact on the City is minimal, consisting of administrative fees. The employee pays any annual account fee. Staff is requesting Council approve the Resolution adopting the Vantagecare Retirement Health Savings Program. Motion by Bolger, seconded by Murgatroyd, to approve a Resolution adopting the Vantagecare Retirement Health Savings Program. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. November 17, 2003 Page 13 MAYOR—STATEMENT AND REPORT Mayor Low informed Council City resident Marie Wilt has applied for membership in the Landmark Commission. At the last meeting of the Landmark Commission the application was unanimously approved. Mayor Low requests Council's approval appointing Marie Wilt to the Landmark Commission, with a term to expire on April 30, 2005. Motion by Glab, seconded by Bolger, to approve the appointment of Marie Wilt to the Landmark Commission, with a term expiring on April 30, 2005. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. COMMITTEE REPORTS There were no Committee Reports. DEPARTMENT HEAD REPORTS City Administrator Maxeiner informed Council that notification has been received that the owner of the Northern Illinois Medical Arts Building, located at 1110 N. Green Street, has filed for a reduction in assessed value. Staff is investigating the impact such a reduction would have upon the TIF District. City Administrator Maxeiner requested direction from Council regarding a challenge to the reduction. It was the consensus of Council that an objection should be filed regarding a reduction of the assessed value of the Northern Illinois Medical Arts Building located at 1110 N. Green Street. Director of Community Development Napolitano stated that Deer Pointe Homes is still interested in the Budreck Farm Property. The developer has revised the original concept by reducing the density to 540 units consisting of townhomes, court homes and cluster single-family homes, with substantially more open space. Director Napolitano informed Council that the developer is seeking direction regarding whether or not they should return to a Committee of the Whole with the new concept or, if the revised concept should be directed to the Planning and Zoning Commission. Alderman Murgatroyd stated he would look at the plans but would not encourage a Committee of the Whole. Alderman Condon and Alderman Peterson concurred with Alderman Murgatroyd. NEW BUSINESS There was no New Business. -�. EXECUTIVE SESSION: PROPERTY ACQUISITION 'Motion by Glab, seconded by Wimmer, to adjourn to Executive Session, to discuss Property Acquisition, at 9:26 p.m. November 17, 2003 Page 14 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 9:35 p.m. Motion by Murgatroyd, seconded by Wimmer, to return to Open Session at 10:04 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 10:04 p.m. ADJOURNMENT Motion by Wimmer, seconded by Murgatroyd, to adjourn the meeting at 10:05 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 10:05 p.m. MAYOR CL