HomeMy WebLinkAboutMinutes - 08/11/2003 - City Council REGULAR MEETING
AUGUST 11, 2003
The Regular Meeting of the McHenry City Council was called to order by Mayor Low
at 7:33 P.M. on Monday, August 11, 2003 in the Council Chambers of the Municipal
Center. At roll call the following Aldermen were present: Bolger, Glab, Low, Murgatroyd,
Wimmer, Peterson, Condon. Absent: None. City Staff in attendance were: City
Administrator Maxeiner, Assistant Administrator Lockerby, City Clerk Jones, City Attorney
Fetzner, Director of Public Works Marcinko, Chief of Police O'Meara, Director -of
Community Development Napolitano. Absent: Director of Parks and Recreation Merkel
and City Attorney McArdle.
TEN MINUTE PUBLIC INPUT SESSION
No one signed in to speak during the Ten Minute Public Input Session
CONSENT AGENDA
Motion by Wimmer, seconded by Murgatroyd, to approve the Consent Agenda as
presented:
A. Request for Special Event Liquor License and waiver of fees for St:
Patrick Church Oktoberfest Celebration, 3500 West Washington
Street;
B. Request for bond reduction- Kennedy Homes for Riverside Hollow
Subdivision;
C. Approval of as-needed checks:
GENERAL FUND
BERG, BENJAMIN AND MARGA 3,027.29
BROWN, PAUL AND KIMBERLY 586.61
CUNAT BROTHERS INC 1,445.24
FOP UNITS I/II 1,551.00
G.F.S. 297.70
GARRELTS, JAMES AND PAME 8.90
GASPERS, STEPHANIE 183.55
GLACIAL HEIGHTS LTD PART 176.13
IACE 30.00
ILLINOIS DEPARTMENT OF 386.00
ILLINOIS DIRECTOR OF 2,648.00
ILLINOIS. STATE POLICE 114.00
IMRF 42,933.29
KISHWAUKEE SWIM TEAM - 306.00
Y.OTTKE, RICHARD AND SHAN 8.90
LANDMARK FORD 85,276.00
LEWIS, JOHN 75.00
MANUSOS, LAUREN 278.00
MCDONALDS 25.00
MCHENRY COUNTY CLERK 10.00
MCHENRY SAVINGS BANK 500,000.00
MCI COMM SERVICE 41.00
MICHAEL'S 384.33
MOOKIES 50.00
NATIONAL GUARDIAN LIFE I 123.83
NCPERS GROUP LIFE INS. 243.00
OSWEGO OTTERS 147.00
PETTY CASH FUND 500.00
POSTMASTER MCHENRY IL 690.80
PUBLIC WORKS/PARKS ASSOC 612.00
RINK SIDE SPORTS 564.00
RIVERSIDE BAKE SHOP 24.50
SECRETARY 0£ STATE 300.00
SECRETARY OF STATE / POL 143.00
SIX FLAGS GREAT AMERICA 1,550.00
SOME OTHER NUTS 49.19
UNITED PARCEL SERVICE 72.58
UNITED STATES LIFE INSUR 958.50
VOLTZ, GUNNAR AND JANE 553.73
WALMART COMMUNITY BRC 411.77
WASTE MANAGEMENT NORTH 326.80
August 11, 2003
Page 2
WOODSTOCK STATE BANK 1,034.03 ^�
ANNEXATION FUND
MCHENRY COMMUNITY HIGH S 7,297.00
MCHENRY COMMUNITY SCHOOL 10,345.00
MCHENRY PUBLIC LIBRARY 609.00
CAPITAL IMPROVEMENTS FUND
ALDRIDGE ELECTRIC INC 26,573.32
KENNEDY CONSTRUCTION CO, 112,838.75
WATER/SEWER FUND
MCH COUNTY DEPT OF HEALT 100.00
MCI COMM SERVICE 13.82
UNITED STATES LIFE INSUR 137.70
CAPITAL DEVELOPMENT FUND
MCHENRY SAVINGS BANK 1,070,000.00
EMPLOYEE INSURANCE FUND
. .BENEFIT SYSTEMS 6 SERVIC 21,520.30
RISK MANAGEMENT FUND
CEDERGREN,.-BRIAN 1,068.68
MACHNIK, JAMES 312.84
MCH CTY MUNICIPAL RISK M 278,626.00
RETAINED PERSONNEL ESCROW
MRACHEK, ROBERT AND DARLENE 714.00
GRAND TOTALS 2,178,303.08
FUND TOTALS
GENERAL FUND 648,146.67
ANNEXATION FUND 18,251.00
CAPITAL IMPROVEMENTS FUND 139,412.07
WATER/SEWER FUND 251.52
CAPITAL DEVELOPMENT FUND 1,070,000.00
EMPLOYEE INSURANCE FUND 21,520.30
RISK MANAGEMENT FUND 280,007.52
RETAINED PERSONNEL ESCROW 714.00
TOTALS 2,178,303.08
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FOR USE OF MUNICIPAL CENTER BY WEIGHT WATCHERS
Discussion of this matter was postponed pending the arrival of a representative of
the Weight Watchers organization.
REQUEST FOR CONDITIONAL USE PERMIT FOR OUTDOOR SALES AND
MOTORCYCLE REPAIR—2103 WEST ROUTE 120
Mr. Claude Sonday, Applicant, appeared before Council requesting a Conditional
Use Permit to allow an outside sales lot for a Harley Davidson motorcycle dealership with
ancillary motorcycle repair on the property located at 2103 West Route 120.
Director of Community Development Napolitano stated the Applicant currently
operates a similar business in Woodstock that is well maintained and operated. No more
than ten motorcycles would be displayed for sale outside, facing Route 120. No outside
storage is proposed. The Applicant has indicated the hours of operation as follows:
• Monday-Friday 10:00 a.m. to 7:00 p.m.
August 11, 2003
Page 3
• Saturday 9:00 a.m. to 5:00 p.m.
Director Napolitano informed Council all repair activities would take place within an
enclosed building. Once the motorcycles are repaired, they would remain inside an
enclosed structure. The Applicant has agreed there shall be no painting or spraying of any
chemicals on the premises.
Director Napolitano stated access to the site would occur from the existing curb cuts
along Chapel Hill Road, which is under jurisdiction of the McHenry County Highway
Department. The Applicant has obtained a letter from the Highway Department indicating
they have no problem with the use of the existing curb cuts.
Director Napolitano noted the Planning and Zoning Commission, at a Public
Hearing held on July 10, 2003, unanimously recommended approval of the request,
subject to the following conditions:
• There shall be no motorcycles displayed in the parking area;
• Only motorcycles shall be displayed outside;
• No more than ten (10) motorcycles shall be displayed at any one-time in an orderly,
aesthetically desirable fashion;
• Motorcycles shall not be kept outside overnight;
• No vehicles other than motorcycles shall be repaired on the subject property;
• All motorcycle repairs shall be conducted wholly within an enclosed building;
• No repaired motorcycles shall be kept outside;
._ • No painting or spraying of chemicals shall be done on the subject property;
• There shall be no outside storage on the subject property associated with this
business;
• The applicant shall work with Staff to enhance landscaping on the site and
landscaping recommendations shall be implemented prior to an occupancy permit
being issued.
Director Napolitano informed Council the Applicant is in agreement with the
conditions proposed by the Planning and Zoning Commission.
Alderman Murgatroyd opined the , location chosen by the Applicant for the
establishment of this type of business is sound. Alderman Wimmer concurred with
Alderman Murgatroyd.
Motion by Murgatroyd, seconded by Peterson, to accept the unanimous
recommendation of the Planning and Zoning Commission, and to pass an ordinance
granting a Conditional Use Permit to allow a motorcycle sales and accessories
establishment, with outdoor display of motorcycles and inside motorcycle repair on the
property located at 2103 West Route 120, subject to the following conditions:
• There shall be no motorcycles displayed in the parking area;
• Only motorcycles shall be displayed outside;
• No more than ten (10) motorcycles be displayed at any one time in an orderly,
aesthetically desirable fashion;
August 11, 2003
Page 4
• Motorcycles shall not be kept outside overnight;
• No vehicles other than motorcycles shall be repaired on the subject property;
• All motorcycle repairs shall be conducted wholly within an enclosed building;
• No repaired motorcycles shall be kept outside;
• No painting or spraying of chemicals shall be done on the subject property;
• There shall be no outside storage on the subject property associated with this
business;
• The applicant shall work with Staff to enhance landscaping on the site and
landscaping recommendations shall be implemented prior to an occupancy permit
being issued.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
DISCUSSION: AMENDMENT TO EHREDT ANNEXATION AGREEMENT 3310 WEST
BULL VALLEY ROAD
Director of Community Development Napolitano informed Council in September
2000 the City of McHenry annexed the subject property located at 3310 West Bull Valley
Road. Upon annexation the City granted a zoning map amendment to RS-1 and approved ...
a use variance to allow the outside storage of vehicles and equipment associated with the
applicant's underground contractor's business. Director Napolitano stated the Use
Variance was permitted for a period of three (3) years and expires on September 13, 2003.
Director Napolitano stated Mr. Kenneth Ehredt, Petitioner and owner of the
property, is requesting Council grant an extension of the Use Variance for another three
(3) to five (5) years. Mr. Ehredt has indicated his business has suffered due to recent
economic events and he anticipates granting the extension will circumvent further business
disruption.
Director Napolitano noted the subject property and nearby properties between
Charles Miller Road and Bull Valley Road are viewed as transitional parcels. Staff
anticipates over time these parcels would redevelop into medium density residential uses
in accordance with the Comprehensive Plan. He noted there are currently no other
redevelopment proposals pending in the area other than a recent request, which came
before the Planning and Zoning Commission, for a 24-unit apartment building on adjacent
property to the west
Director Napolitano stated Staff has no concerns regarding the request for an
extension, but recommends a one (1) year extension rather than three to five years. A
brief discussion ensued.
Motion by Glab, seconded by Condon, to direct Staff to prepare for a Public Hearing
to amend the Ehredt Annexation Agreement, and to work with the Petitioner on the
preparation of a First Amendment to the Ehredt Annexation Agreement, extending the Use
Variance for one (1) year from September 13, 2003 to September 13, 2004, and that the
August 11, 2003
Page 5
Petitioner appear before Council on an annual basis for further extensions.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
APPROVE MORGAN HILL SUBDIVISION PHASE I FINAL PLAT
Director Napolitano reminded Council Prime Commercial Corporation is developing
the northern 55 acres of the 90-acre Krumholz Property as Prairie Pointe Business Park.
Concurrently, Concord Homes, Inc. ("Concord") is developing the southern 35 acres as a
244-unit townhome development, known as Morgan Hill Subdivision. Director Napolitano
stated Concord would be constructing all detention as part of the initial phase on the
southeast portion of their site.
Director Napolitano noted Concord is restricted to building no more- than 60
residential units in any one calendar year and intends to construct the roads in accordance
with the progression/phasing of the development. The east-west roadway separating the
business park from the residential development would be constructed as part of the Prairie
Pointe Business Park development. Concord would construct the internal roads to the
south in conjunction with phasing of their project.
Director Napolitano informed Council Concord's Final Plat of Morgan Hill
Subdivision Phase I complied with the requirements of the Subdivision Control Ordinance
and is in substantial conformance with the Preliminary Plat. Director Napolitano noted the
Planning and Zoning Commission at their meeting held on July 24, 2003 unanimously
recommended approval of the Final Plat of Subdivision with the condition the Plat is
recorded within six (6) months of Council approval.
Joe Vavrina of Smith Engineering, in attendance for the Applicant, provided a brief
overview of the development-. He stated the Applicant has complied with all
recommendations made by City Engineers Baxter& Woodman.
Alderman Glab expressed concerns regarding issuance of building permits prior to
construction of the internal roads. Director Napolitano stated it is normal practice that
building permits are not issued unless the binder is down for a road, permitting access for
emergency vehicles.
Motion by Murgatroyd, seconded by Wimmer, to accept the unanimous
recommendation of the Planning and Zoning Commission, and to direct Staff to prepare an
ordinance approving the Final Plat of Morgan Hill Subdivision Phase I, subject to recording
of the Final Plat within six (6) months of Council approval.
Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson, Condon.
"�- Voting Nay: Glab.
Absent: None.
Motion carried.
August 11, 2003
Page 6
REQUEST FOR USE OF MUNICIPAL CENTER BY WEIGHT WATCHERS
City Administrator Maxeiner informed Council a request has been received from
Becky Marnell, Territory Manager for Weight Watchers North America, Inc. ("Weight
Watchers"), for use of the Municipal Center on Thursday mornings from 8:00 a.m. until
10:30 a.m. Weight Watchers has proposed payment of a $40.00 fee per meeting to the
City of McHenry.
City Administrator Maxeiner introduced Sally South, a representative of Weight
Watchers. He stated historically the Council has made an effort to accommodate requests
for the use of the Municipal Center from not-for-profit organizations and other
governmental organizations. There is no record of the City receiving a request for a
private profit-making enterprise or group requesting use of the Municipal Center in the
past. Staff expressed concern that approval of this request may be precedent-setting and
result in other, less-respected commercial industries, requesting use of the facility.
City Administrator Maxeiner noted Staff recommends denying the request and
further suggests establishment of a policy for accommodating requests for use of the
Municipal Center from governmental and registered not-for-profit agencies.
Alderman Glab suggested Staff work with the Petitioner to find a suitable location
within the City limits. Alderman Murgatroyd suggested tabling the topic until the issues .—
could be addressed fully at a Community Development Committee meeting. Alderman
Bolger concurred with Alderman Murgatroyd.
It was the consensus of Council that denial of the request for use of the Municipal
Center by Weight Watchers was in no way a reflection on the Weight Watchers
organization.
Motion by Glab, seconded by Condon, to deny the request for use of.the Municipal
Center by Weight Watchers on Thursday mornings from 8:00 a.m. to 10:30 a.m.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Condon.
Voting Nay: Peterson.
Absent: None.
Motion carried.
APPROVAL OF MERCY HEALTH SYSTEMS CORPORATION PROFESSIONAL PLAZA
SUBDIVISION FINAL PLAT
Alderman Condon removed herself from Council Chambers at 8:05 p.m.
Director Napolitano stated the Planning and Zoning Commission at its July 10, 2003
regularly scheduled meeting unanimously recommended approval of the Final Plat of
Professional Plaza Subdivision subject to the following conditions: f
• That the plat be recorded within six months of Council approval; and
• That final engineering be approved prior to Council consideration of the Final Plat.
August 11, 2003
Page 7
Director Napolitano noted final engineering has been approved. The existing
Professional Plaza Drive was developed in accordance with Nunda Township road
specifications. Staff is requesting prior to the development of any lot, Professional Plaza
Drive, be brought into conformance with the more stringent City road specifications.
Applicant has agreed to reserve land for future road connection to the south where it is
anticipated a road would eventually line up at State Route 31 with Shamrock Lane, where
there currently exists a traffic signal. Applicant will convey the property to the City as a
future right-of-way to be built when the property to the south is annexed and brought into
the City for development. A Letter of Credit will be placed in escrow for the development
of the future right-of-way. Applicant is agreeable to Staffs request.
Attorney Lisa Waggoner of the Waggoner Law Firm, representing the Applicant,
informed Council the variance for Lot 2 has a sunset clause of three (3) years for the
existing residence on the property. After three years the residential use would cease to
- exist, and Lot 2 would need to meet the use requirements for the Office Park District.
Motion by Bolger, seconded by Wimmer, to accept the unanimous recommendation
of the Planning and Zoning Commission, and to direct Staff to prepare an ordinance
approving Professional Plaza Subdivision Final Plat, subject to recordation of the Final
Plat within six (6) months of Council approval.
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson.
Voting Nay: Glab.
Absent: Condon.
Motion carried.
Alderman Condon returned to Council Chambers at 8:12 p.m.
MAYOR—STATEMENT AND REPORT
Mayor Low announced a Riverwalk Design Meeting is scheduled for Tuesday,
August 19, 2003 at 7:00 p.m. in the Municipal Council Chamber.
Mayor Low informed Council the City would be forming a team compiled of elected
officials and Staff who are willing to participate in the one to three mile McHenry County
American Heart Walk, which will take place on Sunday, September 28, 2003 at Moraine
Hills State Park, located at 914 S. River Road.
COMMITTEE REPORTS
Finance and Personnel Committee Chairman Alderman Murgatroyd informed
Council the Finance and Personnel Committee met this evening just prior to the Council
meeting. The continuation of the School Resource Officer Program for Districts 15 and
156 was the topic of discussion. No action was taken.
Chairman Murgatroyd stated a Finance and Personnel Committee meeting is
-� scheduled for Monday, August 18, 2003 at 6:30 p.m. in the Aldermen Conference Room.
DEPARTMENT HEAD REPORTS
August 11, 2003
Page 8
Assistant Administrator Lockerby informed Council he attended the Riverwalk
Foundation meeting. He stated the following topics were covered:
• Update of the Roster;
• VOA representatives attended the meeting and discussed design;
• The role of the Riverwalk Foundation in the design of the Riverwalk was discussed;
and
• The Riverwalk Foundation's bank account currently has a balance of approximately
$200,000.
In response to Council request, Assistant Administrator Lockerby stated he would provide
a copy of the updated Riverwalk Foundation roster in this week's Friday Report Packet.
NEW BUSINESS
In response to Alderman Glab's inquiry, Finance Director Kline will provide Council
with a breakdown of-the distribution of the City's investments in the Friday Report.
EXECUTIVE SESSION
There was no Executive Session.
ADJOURNMENT
Motion by Wimmer, seconded by Murgatroyd, to adjourn the meeting at 8:22 p.m. _
Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon.
Voting Nay: None.
Absent: None.
Motion carried.
The Meeting was adjourned at 8:22 p.m.
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MAYOR ITY CLE K