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HomeMy WebLinkAboutMinutes - 09/29/2003 - City Council REGULAR MEETING SEPTEMBER 29, 2003 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, September 29, 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 Clerk Jones, City Attorney McArdle, Director of Finance Kline, City Planner Martin and Assistant Director of Public Works Fink. Absent: Director of Public Works Marcinko, Director of Parks and Recreation Merkel, Chief of Police O'Meara, Director of Community Development Napolitano. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA Motion by Murgatroyd, seconded by Condon, to approve the Consent Agenda as presented: • Requests for PicnictSpecial Use Permits; • Request to Connect to Police Alarm Panel: o McVickers Aurora LLC Building; 2445-2459 North Richmond Road; • Request for Reimbursement Regarding Mayor's Cell Phone; IDOT Supplemental Resolution Allocating an Additional $20,000 for Crestwood Drive Improvements; • Ordinance Changing the Address of Jaycee Park to 115 South Cross Trail; List of Bills; GENERAL FUND ABERNATHY, KEVIN 25.00 ACTION WIRELESS 4.00 ADAMS ENTERPRISES INC, R 10.32 ADAMS OUTDOOR POWER EQUI 32.61 ADAMS STEEL SERVICE INC 320.50 AMERICAN SOLUTIONS FOR B 1,471.26 AMERICAN TELECOMMUNICATI 253.44 AQUATIC TECHNOLOGY INC 54.89 ARVIDSON POOLS & SPAS 423.00 B & Z ELECTRICAL CONTRAC 7,004.12 B&M LAWN CARE 60.00 B&W CONTROL SYSTEMS INTE 8,347.57 BARKER COMPANY INC, BOB 526.61 BAUREIS, LEONA 189.00 BAXTER & WOODMAN 13,736.78 BLAZ, KELLY 69.00 BLOWERS, CHERYL 79.00 BOELTER, HAROLD 25.00 BOISE CASCADE OFFICE PRO 321.44 BONCOSKY OIL COMPANY 3,470.80 BRADY & ASSOCIATES, PHIL 3,675.00 BSN SPORTS 139.02 BUCARO, RYAN 25.00 BUCKLEY, KRISTI 71.00 BUENZLI, JIM 1,120.00 BUJNOWSKI, JOHN 378.00 BUNDGARD, JANET 11.00 BURCH, TIM 25.00 BUSS FORD SALES 1,030.97 CAIRO, MARIANNE 21.30 CANNON, WILLIAM 234.00 CANTWELL, NANCY 5.00 CATHERENE TOMPKINS 80.00 CDW GOVERNMENT INC 34.49 CHAPEL HILL FLORIST INC 79.00 CINGULAR WIRELESS 14.15 CLARKE ENVIRONMENTAL MOS 5,724.00 September 29, 2003 Page 2 CLIFFORD-WALD 90.66 COMED 17,551.30 CONSERV FS 674.50 COOK, PHIL 160.00 COOPER, PEARL 189.00 CRESCENT ELECTRIC SUPPLY 121.44 CRYSTAL CLEAN 72.90 CURRAN CONTRACTING CO 1,264.49 CUSTOM VEHICLE SYSTEMS I 109.50 D & J AUTOMOTIVE SUPPLY 500.44 D'ANGELO, TIM 25.00 DENBROEDER, JOHN 25.00 DOOR SYSTEMS INC 500.50 DORAN & ASSOCIATES R A 530.00 DOWELL, JEN 25.00 DUNNE, JOHN 15.00 DURA WAX COMPANY INC, TH 184.40 ED'S RENTAL 25.00 ED'S RENTAL & SALES INC 451.25 EGAN, JACK 25.00 EMPLOYEE DATA FORMS INC 37.25 EXCEL PHYSICAL THERAPY 660.00 FAMILY TAILOR SHOP 60.00 FAST EDDIES CAR WASH 220.95 FEES, DAVID 25.00 FISCHER BROS FRESH 2,698.76 FLESCH COMPANY INC, GORD 128.70 FOTO FAST 103.57 FOXCROFT MEADOWS INC 856.27 FREUND INTERNATIONAL 73.39 FREUND, MIKE 25.00 FRONTIER CHIROPRACTIC 30.00 FRY, ROBERT J 8,853.00 G IMPRESSIONS INC 350.00 GALLS INCORPORATED 90.97 GARRELTS & SONS INC 590.00 GEN-POWER INC 490.40 GERLACH, LORIE 378.00 GITZKE, WILLIAM 1,340.45 GOMEZ, JORGE 25.00 GOPHER SPORT 118.30 GRALA, JASON 25.00 GRAY, REBECKAH 48.00 GREAT LAKES FIRE & SAFET 797.25 GREAT, DIANNE 89.50 GROVE, KELLY 25.00 HANSEN'S ALIGNMENT, DON 175.00 HEIGL, LINDA 368.00 HENRICKSEN 144.20 HETLET, CHAD 25.00 HOLIAN, CAROL 117.86 HOWELL, MATT 25.00 I/O SOLUTIONS INC 650.00 IACP 860.00 ICC 109.98 ICI DULUX PAINT CENTERS 820.00 IIMC 175.00 IMPRESSIVE IMAGES 656.75 IN TIME SOLUTIONS INC 299.00 INNOVATIVE PACKAGING INC 392.00 INTERNATIONAL TRUCK & EN 41,095.00 IPELRA 450.00 J G UNIFORMS INC 652.42 JANIK, THOMAS 25.00 JOHNSON, DAWN 18.50 JONES, JANICE C 263.92 JULIE INC 140.50 K-MART STORES 173.13 KALE UNIFORMS INC 133.95 KAR PRODUCTS 926.08 KC CREATIONS 125.00 KDS TECH SERVICES INC 600.75 KIEFER & ASSOC, ADOLPH 38.68 KIRCHNER FIRE 1,759.50 KITTL, AMBROSE M 53.23 KRANZ, ANNE 151.96 KROHN LAWN & LANDSCAPE 15,569.02 September 29, 2003 Page 3 KRUMMET, BILL 242.00 KUGLIN, JO ANN 189.00 KUHL, JOHN 25.00 KUNZER, KATHLEEN 180.00 LAKESIDE PEST CONTROL SE 170.00 LAMBERT, DAVE 25.00 LANG PONTIAC-CADILLAC-SU 16.36 LAPHAM, KATHLEEN 48.00 LAROSE, MARK 25.00 LEE, JASON K 15.00 LEONARDI'S FOOD SPECIALT 274.15 LETN PRIMEDIA WORKPLACE 576.00 LEWIS INTERNATIONAL INC 307.68 LEWYCKYJ, RUTH ANN 15.00 LOCKER'S FLOWERS 40.00 LOOZE, BETTY 189.00 LUND INDUSTRIES 22.85 MARATHON TOWING 70.00 MARENGO DISPOSAL CO 11,500.00 MAZUREK, DAN 25.00 MCCARTHY, THOMAS M 550.00 MCDONNELL, JANE 48.00 MCHENRY AREA CHAMBER OF 7.20 MCHENRY COUNTY COUNCIL 0 82.50 MCHENRY COUNTY GLASS & 71.63 MCHENRY COUNTY RECORDER 13.00 MCHENRY COUNTY SUPPLY IN 471.31 MCHENRY FIRESTONE 20.00 MCHENRY SPECIALTIES 380.00 MCI COMM SERVICE 51.69 MCINNIS, JOAN 378.00 MCMASTER-CARR SUPPLY CO 176.38 MENNELLA, LAURIE 1,500.00 MEYER MATERIAL COMPANY 193.20 MICROFLEX 457.50 MILLER, DOLORES 121.00 MIRACLE RECREATION EQUIP 2,366.00 MOORE, RANDY 25.00 MYRON MANUFACTURING CORP 639.90 NATIONAL BUSINESS FURNIT 651.35 NATIONAL RECREATION AND 215.00 NEXTEL COMMUNICATIONS 2,200.63 NICOR GAS 560.59 NORTHWEST HERALD 205.40 NW LAMINATION 25.00 O'HERRON CO INC, RAY 3,207.63 OFFICE DEPOT INC 802.'94 OLIVER, JUANITA 88.00 OPENLANDS PROJECT 75.00 ORIENTAL TRADING CO INC 602.95 PACE 7,196.43 PAPROCKI, KRISTINE 106.03 PATRIOT PAINTBALL CLUB/2 350.00 PATTEN POWER SYSTEMS 22,939.00 PEPSI AMERICAS INC 1,093.00 PERRICON GARDEN CENTER & 33.68 PETALS & STEMS 120.00 PETERSON, DEAN 25.00 PINKSTAFF, JILL 500.00 PORTABLE TOOL SALES & SE 120.00 PORTER, DAVID L 59.85 POWERPHONE INC 189.00 PRECISION SHARPENING 195.20 PUBLIC SAFETY INFORMATIO 109.00 R & S DISTRIBUTORS INC 457.80 RADICOM INC 153.00 RADIOSHACK CORPORATION 6.37 REAGAN, ELAINE 189.00 REGNER, JUSTIN 25.00 RELIABLE MAINTENANCE 195.00 RELIABLE SAND & GRAVEL 447.30 RIDINGS FORD OF TAYLORVI 17,635.00 RIVERSIDE BAKE SHOP 150.28 �r ROBERTS, PATTI J 315.00 ROC CONSTRUCTION SUPPLY 544.58 ROCKHURST UNIVERSITY 199.00 ROMANO, DANIEL 378.00 September 29, 2003 Page 4 ROTARY CLUB OF MCHENRY 697.92 ROWE, AL 25.00 ROWE, HERBERT W 2,549.00 RUIZ, MARC 25.00 RUSHING, RHONDA F LANG- 29.50 RUSSELL, KIM 219.00 S & S WORLDWIDE 320.68 SASAK, TODD 85.19 SBC 4,381.67 SCHAEFER, JEFF 25.00 SCHAFER, PAT 97.50 SCHIMKE, PHIL 25.00 SCHLEEDE HAMPTON ASSOCIA 315.00 SCHMIDT, THOMAS 58.56 SCHWAB, BRANDON 25.00 SELLEK, DAN 25.00 SHERMAN BENEFIT MANAGER 103.85 SHERMAN MECHANICAL INC 132.90 SIX FLAGS GREAT AMERICA 31.00 SKILLPATH SEMINARS 598.00 SNARSKI, KATHERINE 160.00 SPRINGFIELD HILTON 429.00 SSMG 817.77 ST PAULS EPISCOPAL CHURC 138.00 STANDARD EQUIPMENT CO 401.32 STATE TREASURER IDOT 4,172.19 SUMMERS PORTABLE TOILETS 564.00 TERMINAL SUPPLY CO 19.50 THAMES, LYNNE 189.00 THEODORE POLYGRAPH SERV 300.00 THOMAS TRUCKING INC, KEN 230.00 THOMPSON, JIM 378.00 TRAFFIC CONTROL & 970.74 TURF PROFESSIONALS EQUIP 1,690.72 UNITED LABORATORIES 399.19 UNITED PARCEL SERVICE 21.05 USA ARCHERY 90.00 WALMART COMMUNITY BRC 651.85 WILLIAMS ELECTRIC SERVIC 956.34 WOLF CAMERA & VIDEO 157.73 WOODSTOCK FORD & MERCURY 445.22 WOODSTOCK LAND SURVEYORS 200.00 YOUNG REMBRANDTS INC 710.00 ZARATE, MIGUEL C 25.00 ZARNOTH BRUSH WORKS INC 119.00 ZMT INC 355.91 ZUKOWSKI ROGERS FLOOD & 4,819.00 MOTOR FUEL TAX FUND SMITH ENGINEERING CONSUL 7,500.00 DEVELOPER DONATION FUND CKW ARCHITECTS 6,674.84 CONSERVATION SERVICES 2,196.66 SMITH ENGINEERING CONSUL 10,956.86 TIF FUND CONISTON CONSULTING LLC 9,865.74 VOA ASSOCIATES INC 12,302.65 CAPITAL IMPROVEMENTS FUND BAXTER & WOODMAN 5,232.71 FRANZEN CONSTRUCTION, D 89,212.24 ILLINOIS EPA 500.00 WATER/SEWER FUND AMERICAN TELECOMMUNICATI 19.90 AQUAPREP 4,335.00 BAXTER & WOODMAN 2,575.95 BONCOSKY OIL COMPANY 704.18 BOTTS WELDING & TRUCK SE 23.00 BUSS FORD SALES 68.60 COMED 28,492.77 D & J AUTOMOTIVE SUPPLY 44.62 D'ANGELO NATURAL SPRING 42.60 D'S MARINE SERVICE INC 380.00 EAST JORDAN IRON WORKS 1,648.07 September 29, 2003 Page 5 ED'S RENTAL & SALES INC 15.80 FOX VALLEY CHLORINATING 250.00 FOXCROFT MEADOWS INC 59.00 GASVODA & ASSOCIATES INC 125.88 JULIE INC 281.00 KROHN LAWN & LANDSCAPE 2,125.32 KTD INC 2,002.24 LEWIS INTERNATIONAL INC 70.02 MCHENRY ANALYTICAL WATER 6,634.00 MCHENRY COUNTY SUPPLY IN 25.80 MCHENRY ELECTRIC & SUPPL 56.82 MCI COMM SERVICE 25.32 MEYER MATERIAL COMPANY 1,057.74 MID AMERICAN WATER OF WA 1,440.75 MIDWEST METER INC 71,101.84 MUNICIPAL MARKING DIST I 128.00 NEXTEL COMMUNICATIONS 373.84 NICOR GAS 339.44 OFFICE DEPOT INC 180.63 PETERSEN SAND & GRAVEL 141.53 RAVEN, -MATT 18.62 SBC 1,080.58 SETTLERS HILL RDF 4,843.50 SMITH ECOLOGICAL SYSTEMS 392.71 USA BLUEBOOK 305.95 VIKING CHEMICAL COMPANY 3,253.90 WATER PRODUCTS - AURORA 1,312.51 WATER SOLUTIONS UNLIMITE 2,860.00 ZMT INC 317.40 UTILITY IMPROVEMENTS FUND BAXTER & WOODMAN 17,894.90 LAYNE-WESTERN COMPANY 31,965.03 VANDERSTAPPEN SURVEYING 325.00 RISK MANAGEMENT FUND BAXTER & WOODMAN 2,556.44 JEMISON ELECTRIC BOX. & S 2,909.00 MCH CTY MUNICIPAL RISK M 278,625.00 MCHENRY RADIOLOGISTS 29.00 NORTHERN ILLINOIS MEDICA 240.75 WATER PRODUCTS - AURORA 112.75 INFORMATION TECHNOLOGY FUND CDS OFFICE TECHNOLOGIES 6,855.00 CDW GOVERNMENT INC 2,534.02 CUSTOM VEHICLE SYSTEMS I 1,750.00 OFFICE DEPOT INC 587.80 POWERWARE CORP 180.80 SBC 359.70 RETAINED PERSONNEL ESCROW BAXTER & WOODMAN 24,713.21 MCHENRY ANALYTICAL WATER 208.00 ZUKOWSKI ROGERS FLOOD & 1,171.25 GRAND TOTALS 926,385.70 FUND TOTALS GENERAL FUND 269,771.52 MOTOR FUEL TAX FUND 7,500.00 DEVELOPER DONATION FUND 19,828.36 TIF FUND 22,168.39 CAPITAL IMPROVEMENTS FUND 94,944.95 WATER/SEWER FUND 139,154.83 UTILITY IMPROVEMENTS FUND 50,184.93 RISK MANAGEMENT FUND 284,472.94 INFORMATION TECHNOLOGY FUND 12,267.32 RETAINED PERSONNEL ESCROW 26,092.46 GRAND TOTALS 926,385.70 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon `�-- Voting Nay: None. Absent: None. Motion carried. September 29, 2003 Page 6 PRESENTATION AND DISCUSSION: RIVERWALK SCHEMATIC DESIGN "1- Mr. Mike Emerson of VOA Associates Incorporated provided a Powerpoint presentation regarding the schematic design for the Riverwalk. The schematic design included water edge treatments, concepts, renderings, the Riverwalk route and drawings and the preliminary construction budget. A brief discussion ensued. It was the consensus of Council to provide feedback to City Administrator Maxeiner prior to the October 6, 2003 regular Council meeting, at which time Mr. Emerson would appear before Council for specific direction on important issues. REQUEST TO CLOSE MAIN STREET FOR TWO HOURS FOR A PRIVATE EVENT TO BE HELD ON OCTOBER 13 2003 Mr. Perry Moy, a local businessman, has requested permission to close Main Street from approximately 350 feet east of the railroad tracks to State Route 31 on October 13, 2003. The closure would be from 11:30 a.m. to 1:30 p.m. at which time Mr. Moy would be making a public announcement regarding his candidacy for political office. A small stage, approximately 10' x 5', is planned to accommodate the speakers in front of Mr. Moy's restaurant. Mr. Moy stated he anticipates approximately 500 persons to attend. Staff expressed concern regarding blockage of the street inhibiting access for emergency service vehicles and access to other commercial entities on Main Street. A _ discussion ensued. Mr. Moy assured Council each business owner on Main Street has been contacted with the exception of Walgreen's. Alderman Bolger expressed strong opposition to closure of a public street for political purposes. Alderman Wimmer expressed concern with starting a precedent. Responding to an inquiry by Alderman Peterson, City Administrator Maxeiner stated that Police Chief O'Meara expressed no concerns providing arrangements are made to accommodate emergency vehicles. Motion by Bolger, seconded by Glab, to deny the request for closure of Main Street for two hours on October 13, 2003. Voting Aye: Bolger, Glab, Wimmer. Voting Nay: Low, Murgatroyd, Peterson, Condon. Absent: None. Motion failed. Motion by Condon, seconded by Murgatroyd, to approve the request for closure of Main Street from 11:30 a.m. to 1:30 p.m. on Monday, October 13, 2003, subject to the following conditions: • The westbound traffic lanes will remain open; • Closure of the eastbound lane will not block entrance to Walgreen's; • Barricades and signs are erected on Crystal Lake Road indicating road closure; • All surrounding business owners must provide written consent expressing no objection to the closure. September 29, 2003 Page 7 Voting Aye: Low, Murgatroyd, Wimmer, Peterson, Condon Voting Nay: Bolger, Glab. Absent: None. Motion carried. REQUEST FOR DIRECTIONAL SIGN VARIANCE FROM DUNKIN DONUTS, 4502 WEST ELM STREET A letter has been received from Michele Stoecklin of Vincent Signs, on behalf of Dunkin Donuts, requesting approval of a variance to allow directional signs having a height of 4'6", which corresponds with Dunkin Donuts corporate specifications. Staff noted pursuant to the City's sign regulations directional signs cannot exceed 2'6" in height at entrance/exit locations and 3' at other locations. Dunkin Donuts has proposed five directional signs: three located at the entrance/exit; and two at other locations on the site. The directional signs are proposed to identify the entrance and exit onto Route 120 as well as the entrance to the drive-thru. Signs would also prohibit entrance to the drive-thru and Ramble Road. Staff opined the applicant has not adequately demonstrated a hardship. Motion by Glab, seconded by Wimmer, to deny the request for a directional sign variance from Dunkin Donuts, located at 4502 W. Elm Street. Voting Aye: Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Bolger. Absent: None. Motion carried. REQUEST TO WAIVE FEES FOR NEW CONSTRUCTION -HABITAT FOR HUMANITY OF McHENRY COUNTY City Administrator Maxeiner informed Council that Habitat for Humanity (Habitat) plans to build a two-bedroom home at 4307 Clearview Drive. Habitat is a non-profit organization that provides housing for families in McHenry County that would otherwise not meet the requirements for home ownership. Habitat relies on donations of labor, materials and money to build the homes and provides low interest mortgages based on what the family can afford. Habitat is requesting Council consider waiving all fees for the construction of the new home. City Administrator Maxeiner stated the City would normally collect the following fees for a new two-bedroom home: Bldg. Permit School Park Library Fire Water Cap. Water Conn. Sewer Cap. Sewer Conn. Plmbg. Total $375 $2,155 $3,255 $269 $269 $1,403 $250 $1,663 $250 $100 $9,989 City Administrator Maxeiner noted in 1995 Council waived fees in excess of $7,500 for a Habitat home constructed at 1800 Parklane. 't Alderman Peterson opined he supports waiving the City fees but expressed concern regarding waiving fees for other taxing bodies. September 29, 2003 Page 8 Alderman Glab stated he cannot support the waiving of any fees when all taxing bodies are struggling. Alderman Murgatroyd concurred with Alderman Glab. Mr. Tony Gomez, Acting Vice President of Habitat for Humanity of McHenry County, stated Habitat has contacted School District 15 and School District 156 regarding the fee waiver. District 15 has indicated they are not in favor of waiving the fees and, to date, no response has been received from District 156. Motion by Bolger, seconded by Murgatroyd, to deny the request for waiver of all fees for the proposed new home to be constructed by Habitat for Humanity at 4307 Clearview. Voting Aye: Bolger. Voting Nay: Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Absent: None. Motion carried. Motion by Condon, seconded by Murgatroyd, to approve the request for waiver of all fees for the proposed new home to be constructed by Habitat for Humanity at 4307 Clearview, excluding school fees, subject to approval from District 15 and District 156. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST TO INSTALL A TEMPORARY FENCE IN SHAMROCK FARMS SUBDIVISION FROM KIMBALL HILL HOMES Scott Vigor of Kimball Hill Homes addressed Council, requesting approval to install a 4-foot high temporary crossbuck style fence along the frontage of eleven lots on Shannon Drive. He stated the purpose of the fence is a guide to potential homebuyers to the model homes on Shannon Drive. The fence is proposed to extend just east of Limerick Lane/Longford Lane to Draper Road on the West. Staff opined in other large subdivisions the City has typically permitted temporary fencing around model homes for purposes of sales to potential homebuyers. Staffs only concern is restricting the purchase, or occupancy, on any of the eleven lots until the temporary fence is removed. Mr. Vigor informed Council the eleven lots would be the last to be sold. He assured Council the temporary fencing would be removed prior to sale or occupancy. Motion by Murgatroyd, seconded by Wimmer, to approve installation of a temporary ' fence along the frontage of eleven lots, just east of Limerick Lane/Longford Lane to Draper Road on the west, in the Shamrock Farms Subdivision, subject to • The removal of the fence prior to any sale or occupancy September 29, 2003 Page 9 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR FENCE VARIANCE IN SHAMROCK FARMS SUBDIVISION FROM KIMBALL HILL HOMES Scott Vigor, representing Kimball Hill Homes, appeared before Council requesting a variance to install a community-wide fence along the north side of Dartmoor Drive to the fire station site and south along the east side of Draper Road to the southern boundary of Shamrock Farms Subdivision. Staff noted the current fence regulations prohibit fences within 30-feet of a right-of- way or in a front yard on a double frontage lot. This request would affect 30 lots with at least one frontage along Draper Road. Staff opined a community-wide fence is appropriate and would enhance the aesthetics of the overall subdivision. Staff noted Neighborhood No. 3 Final Plat has been recorded and includes a landscape easement provision prohibiting fences along Draper Road. Should Council approve the requested variance a Certificate of Correction would be required amending the provision. Motion by Murgatroyd, seconded by Peterson, to approve Kimball Hill Homes request for a variance to install a community-wide fence along the north side of Dartmoor Drive to the fire station site and south along the east side of Draper Road to the southern boundary of Shamrock Farms Subdivision. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. REQUEST FOR BUILDING SETBACK VARIANCES FOR THE PROPERTIES AT 4222- 4228 WEST ELM STREET Attorney Louis Rathje and Charles Margosian, applicant, addressed Council requesting: • variances from the required front and corner sideyard setbacks for International House of Pancakes (IHOP) restaurant located at 4228 W. Elm Street and for the Jewel/Osco building located at 4222-4226 W. Elm Street; and • variances to reduce the required sign setback for the IHOP restaurant from 5 feet to 0 feet and to reduce the required sign setback for the Jewel/Osco building from 7 feet to 0 feet. .�, Mr. Rathje informed Council the variances are being requested because the State of Illinois has taken additional property from the site for the State Route 120 improvements. September 29, 2003 Page 10 Staff noted the buildings, as they currently exist, do not meet the required setbacks and are considered nonconforming. Approval of the requested setback variances would enable the buildings to be rebuilt to the exact same dimensions and setbacks should they be destroyed by fire or natural disaster. Staff expressed no concerns with the proposed building setback variances opining the right-of-way condemnation would further the public interest by enhancing the safety and operation of Route 120 (Elm Street) and Oak Drive upon completion of the road improvements. Staff stated the Planning and Zoning Commission, at a Public Hearing held on September 11, 2003, unanimously recommended approval of the following: • To reduce the front yard setback from 30 feet to 0 feet for the IHOP restaurant located at 4228 West Elm Street; • To reduce the corner side yard setback from 30 feet to 8 feet for the IHOP restaurant located at 4228 West Elm Street; and • To reduce the front yard setback from 30 feet to 0 feet for the Jewel/Osco building located at 4222-4226 West Elm Street. Staff explained the IHOP and Jewel/Osco signs would require variances to remain in their present location. The signs are currently located at the property line with a 0 foot setback. Upon completion of the new right-of-way the signs would be approximately 3 feet _ into the IDOT right-of-way. The Jewel sign, a development entrance sign for a shopping r center, is required to have a 7-foot setback. The IHOP sign, a commercial use sign, is required to have a 5-foot setback. Staff informed Council of receipt of a letter from Robert J. Morrow, Special Assistant Attorney General for the Illinois Department of Transportation ("IDOT"), dated August 25, 2003, indicating IDOT has no issues with the proposed sign variances and would not require the existing IHOP and Jewel/Osco signs to be removed as a result of the Route 120 public improvements. Motion by Bolger, seconded by Peterson, to approve the following: • A variance to reduce the front yard setback from 30 feet to 0 feet for the IHOP restaurant located at 4228 West Elm Street; • A variance to reduce the corner side yard setback from 30 feet to 8 feet for the IHOP restaurant located at 4228 West Elm Street; and A variance to reduce the front yard setback from 30 feet to 0 feet for the Jewel/Osco building located at 4222-4226 West Elm Street. • A variance to reduce the sign setback for IHOP from 5 feet to 0 feet; and • A variance to reduce the sign setback for the Jewel/Osco shopping center from 7 feet to 0 feet; subject to the City receiving indemnification from future claims should there be an accident relating to either of the signs. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. _. Absent: None. Motion carried. September 29, 2003 Page 11 ORDINANCES AUTHORIZING EXECUTION OF ANNEXATION AGREEMENT, ZONING MAP AMENDMENT AND VARIANCES FOR HALLMARK HOMES DEVELOPMENT _. Staff stated on June 16, 2003 meeting, Council reviewed Hallmark Homes proposed development on the 22-acre parcel north of McCullom Lake Road and west of the Meijer/Home Depot Subdivision. He noted Hallmark's original proposal included construction of 119 townhome units on the site. Based upon comments and suggestions from Council at that time the density was reduced to 108 units and enhancements were made to the plans. The Public Hearing on the proposed Annexation Agreement was subsequently held on September 3, 2003. Staff noted during the Public Hearing Council expressed concerns regarding the suitability of the site for townhomes and continuing concerns with density. In response the Applicant has eliminated another four-unit building, thus reducing the project density to 104 units or 4.7 units per acre. The removal of the building created additional green space for the common area. Additionally, the Applicant has agreed to install sidewalks from McCullom Lake Road to the Meijer property, pending receipt of approval from Meijer. Alderman Glab stated he is unable to support the project as the Applicant has not adequately addressed concerns regarding traffic. Alderman Murgatroyd noted uncertainty regarding placement of a residential project at the site. Alderman Bolger opined his support of the project. Mayor Low and Alderman Peterson concurred with Alderman Bolger. Motion by Wimmer, seconded by Condon, to approve an ordinance authorizing the Mayor's and the City Clerk's execution of the Hallmark Homes Annexation Agreement. Voting Aye: Bolger, Low, Wimmer, Peterson, Condon. Voting Nay: Glab, Murgatroyd. Absent: None. Motion carried. Motion by Wimmer, seconded by Murgatroyd, to approve an ordinance annexing the Hallmark Homes 22-acre property located north of McCullom Lake Road and west of the Meijer/Home Depot Subdivision.. Voting Aye: Bolger, Low, Wimmer, Peterson, Condon. Voting Nay: Glab, Murgatroyd. Absent: None. Motion carried. Motion by Wimmer, seconded by Condon, to approve an ordinance granting variances to allow multiple buildings on a zoning lot to Hallmark Homes. Voting Aye: Bolger, Low, Wimmer, Peterson, Condon. Voting Nay: Glab, Murgatroyd. Absent: None. Motion carried. September 29, 2003 Page 12 Motion by Wimmer, seconded by Condon, to approve an ordinance granting a Zoning Map Amendment to RMA Low-Density Multi-Family Residential to Hallmark Homes. Voting Aye: Bolger, Low, Wimmer, Peterson, Condon. Voting Nay: Glab, Murgatroyd. Absent: None. Motion carried. FINAL PAYMENT FOR NORTH INTERCEPTOR SEWER PROJECT TO BAXTER & WOODMAN. INC Staff noted at the July 15, 2002 Regular City Council Meeting, Council approved an Addendum to Baxter and Woodman's Engineering Service Agreement in the amount of $40,000. The Addendum was an approximation. Subsequently Baxter and Woodman has submitted invoices for construction management and observation services, beyond the completion date of the project, totaling $11,084.60, finalizing engineering services .on the North Interceptor Sewer Project. Motion by Bolger, seconded by Wimmer, to authorize final payment to Baxter and Woodman for engineering services for the North Interceptor Sewer Project, in the amount of$11,084.60. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. _— Absent: None. Motion carried. MAYOR—STATEMENT AND REPORT Mayor Low informed Council that currently the position of Student Member to the Landmark Commission is vacant. McHenry High School student, Colin Schultheis, has applied for the position. Mayor Low is requesting Council's approval to appoint Colin Schultheis as the Student Member of the Landmark Commission with a term expiring on April 30, 2005. It was the consensus of Council to approve the appointment of Colin Schultheis as the Student Member of the Landmark Commission, with a term expiring on April 30, 2005. COMMITTEE REPORTS Finance and Personnel Committee Chairman Alderman Murgatroyd announced a Finance and Personnel Committee meeting took place preceding this evening's regularly scheduled Council Meeting at which a dialogue ensued regarding the City Clerk/Collector position. DEPARTMENT HEAD REPORTS City Clerk'Jbnes asked for a motion determining Halloween Hours in the City of McHenry. Motion by Murgatroyd, seconded by Bolger, to establish Halloween Trick or Treat Hours in the City of McHenry on Friday, October 31, 2003 from 3:00 p.m. to 7:00 p.m. September 29, 2003 Page 13 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon Voting Nay: None. Absent: None. Motion carried. Additionally, City Clerk Jones reported she and Deputy Clerk Kunzer would be attending Phase 3 of the Municipal Clerk's Institute in Springfield from October 12, 2003 through October 17, 2003. City Clerk Jones will not be in attendance for the regularly scheduled meeting on October 131'' NEW BUSINESS There was no new business. EXECUTIVE SESSION: PROPERTY ACQUISITION Motion by Murgatroyd, seconded by Wimmer, to go into Executive Session to discuss Property Acquisition at 9:42 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None Motion carried. Council went into Executive Session at 9:50 p.m. p.m. Motion by Wimmer, seconded by Peterson, to go back into Open Session at 10:00 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 10:00 p.m. ADJOURNMENT Motion by Wimmer, seconded by Murgatroyd, to adjourn the meeting at 10:02 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The, Meeting was adjourned at 10:02 p.m. MAYOR CLE K t • l . . . . .