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HomeMy WebLinkAboutMinutes - 03/17/2003 - City Council REGULAR MEETING MARCH 17, 2003 The Regular Meeting of the McHenry City Council was called to order by Mayor Althoff at 7:30 P.M. on Monday, March 17, 2003 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, Low, Murgatroyd and Wimmer. Absent: None. City Staff in attendance were: City Administrator Maxeiner, Assistant Administrator Lockerby, City Clerk Jones, City Attorney McArdle, Director Community Development Napolitano, Director Public Works Marcinko, and Director Parks and Recreation Merkel. Absent: Chief of Police O'Meara. PUBLIC HEARING: PRE-ANNEXATION AGREEMENT AND REZONING TO RS-1 LOW DENSITY RESIDENTIAL DISTRICT - VACANT PARCEL ON THE EAST SIDE OF LINCOLN ROAD, ROBERT RANDALL Mayor Althoff called the Public Hearing to order at 7:31 p.m. for the pre-annexation agreement* and rezoning to RS-1 low density residential district, for the vacant parcel on the east side of north Lincoln road. In attendance was Mr. Robert Randall, owner of the vacant lot. Director of Community Development Napolitano stated the property is located in unincorporated McHenry County. Mr. Randall is proposing to construct a three-bedroom house on the property and is requesting connection to the City of McHenry sanitary sewer system. Director Napolitano noted this was made possible with the extension of sanitary sewer along Lincoln Road as part of the Liberty Trails Subdivision. Director Napolitano informed Council Mr. Randall intends to apply for a well permit from McHenry County. The property is not in close proximity to City water and would create a financial hardship should he connect as a single property owner. Director Napolitano stated the property is not contiguous to the City of McHenry. Therefore, Mr. Randall has been directed to enter into a pre-annexation agreement with the City of McHenry, spelling out the terms of the annexation, including the payment of impact fees. Director Napolitano noted the Planning and Zoning Commission, at a Public Hearing held on January 23, 2003, recommended approval of the proposed Zoning Amendment from E, Estate District to RS-1, Low-Density Single-Family Residential by a vote of 5 to 2. Staff informed Council the proposed Zoning Amendment is consistent with the character of the surrounding area. Responding to Alderman Murgatroyd's inquiry regarding the length of time Mr. Randall has to annex the property to the City of McHenry, Director Napolitano stated the annexation is automatic once the property becomes contiguous. Responding to Alderman Glab's concerns, Mr. Randall stated he is willing to include a clause in the Annexation Agreement regarding the requirement for hook up to municipal water upon annexation and the installation of municipal water lines in close proximity to the t property. Mayor Althoff opened the floor to comments from the audience. No one responded. Responding to Mayor Althoff s inquiry, City Clerk Jones stated her office has received no March 17, 2003 Page 2 written or verbal comments or inquiries. Motion by Bolger, seconded by Murgatroyd, to close the Public Hearing at 7:38 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. . Motion carried. Motion by Bolger, seconded by Low, to direct Staff to revise the Randall Pre- Annexation Agreement to include a clause requiring hook-up to the municipal water system when available; and to direct Staff to prepare the appropriate ordinances authorizing the execution of the Randall Pre-Annexation Agreement and rezoning the subject property to RS-1, Low-Density Single-Family Residential District upon annexation to the City. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. TEN MINUTE PUBLIC INPUT _ Jennifer Synek, a resident of 5519 Chasefield Circle, addressed Council regarding the ongoing contract negotiations between the City of McHenry and McHenry Police Department. Ms. Synek expressed concern resolution of the issues during collective bargaining sessions had taken longer than anticipated. INTRODUCTION Mayor Althoff introduced and welcomed Parks and Recreation Intern, Sarah Jacobs. CONSENT AGENDA Alderman Glab requested the following items be pulled from the Consent Agenda for further discussion: a. Parks and Recreation Department PicnictSpecial Use Permits; b. Committee recommendation to proceed with roadway improvements and traffic signal installation at the intersection of Crystal Lake Road and Winding Creek Drive; e. Request to advertise for bid — 2003 public sidewalk handicapped ramps; in an amount not to exceed $16,000; f. Annual publication of City of McHenry Zoning Map; and g. Purchase of seasonal banners from Temple Display, in an amount not to exceed $11,508.06. Regarding Item A, Alderman Glab opined the information provided on the form Picnic Permit Application is insufficient to issue a permit and requested Item A be removed from the Consent Agenda and voted on in a separate motion. Addressing Item B, Alderman Glab stated at the Public Works Committee Meeting March 17, 2003 Page 3 the Committee recommended proceeding with the roadway improvements and installation of a traffic signal at the intersection of Crystal Lake Road and Winding Creek Drive and further recommending a traffic study at Crystal Lake Road and Glenbrook Trail be included in the Capital Improvement Program. Alderman Glab requested inclusion of the traffic study in the Capital Improvement Program be included and made a part of the motion. Responding to Alderman Glab's inquiry, Director of Public Works Marcinko assured Council in April 2002 the City of McHenry received approval of a Community Development Block Grant, in the amount of $16,000, for the 2003 handicap ramps for the Public Sidewalk Project. Regarding Item F, Alderman Glab stated concern Council had not had an opportunity to review the Official Zoning Map and opined reluctance to approve a Resolution prior to review of the Map. Director of Community Development Napolitano assured Council they would have an opportunity to review the map upon completion. He stated the Map updates any changes in zoning and/or subdivision of any property within the corporate boundaries as of December 31, 2002 noting the Resolution authorizes the City Engineer to update the Official Zoning Map and must be published by the City Clerk no later than March 31, 2003. Regarding Item G, Director of Public Works Marcinko assured Alderman Glab the proposed $11,508.06 expenditure for seasonal banners still remains within the 2002/2003 budgeted amount of$25,000. Motion by Glab, seconded by Wimmer, to approve the Consent Agenda as amended: • Committee recommendation to proceed with roadway improvements and traffic signal installation at the intersection of Crystal Lake Road and Winding Creek Drive; • Committee recommendation to enter into an Engineering Service Agreement with SEC Consultants, Inc. for the Petersen Park Addition Project, in an amount not to exceed $10,800; • Committee recommendation to enter into an Engineering Service Agreement with Smith Engineering Consultants, Inc. for the Petersen Park Waterfront Development Project, in an amount not to exceed $22,848; • Request to advertise for bid — 2003 public sidewalk handicapped ramps; in an amount not to exceed $16,000; • Annual publication of City of McHenry Zoning Map; • Purchase of seasonal banners from Temple Display, in an amount not to exceed $11,508.06; • CALEA Proposed General Order Revision; • City Council Minutes: March 3, 2003 regularly scheduled meeting; • As needed checks GENERAL FUND AFLAC 1,680.87 AMORE, JULIE L 3.30 BAXTER 6 WOODMAN 17,528.79 BONCOSKY OIL COMPANY 12,130.40 DEMARAIS CANINE TRAINING 6,744.15 March 17, 2003 Page 4 DUNKIN' DONUTS 25.00 FBI NAA 20.00 FIRST MIDWEST BANK 1,060.86 FOP UNITS I/II 1,485.00 ILLINOIS DEPARTMENT OF 506.00 IMRF 36,223.76 LANG CHEVROLET INC, GARY 32,175.00 MACALUSO, CANDACE 50.00 MCHENRY AREA YOUTH COMM 6,000.00 NATIONAL GUARDIAN LIFE I 123.83 NCPERS GROUP LIFE INS. 267.00 NWBOCA 24.00 OPENLANDS PROJECT 70.00 POSTMASTER MCHENRY IL ' 2,305.50 RAMADA INN 487.85 SAM'S CLUB 102.25 SECRETARY OF STATE 158.00 SECRETARY OF STATE/INDEX 10.00 SEXTON, ERIC M 336.40 SKLAR, ALEX 1,500.00 UNITED PARCEL SERVICE 128.93 UNITED STATES LIFE INSUR 926.10 RECREATION CENTER FUND MCHENRY SAVINGS BANK 285,000.00 WATER/SEWER FUND BAXTER & WOODMAN 73.50 BONCOSKY OIL COMPANY 1,588.99 UNITED PARCEL SERVICE 7.08 UNITED STATES LIFE INSUR 137.70 EMPLOYEE INSURANCE FUND BENEFIT SYSTEMS 6 SERVIC 21,413.07 RETAINED PERSONNEL ESCROW s MCHENRY COUNTY RECORDER 110.00 GRAND TOTALS 430,403.33 FUND TOTALS GENERAL FUND 122,072.99 RECREATION CENTER FUND 285,000.00 WATER/SEWER FUND 1,807.27 EMPLOYEE INSURANCE FUND 21,413.07 RETAINED PERSONNEL ESCROW 110.00 TOTALS 430,403.33 • List of bills for approval GENERAL FUND A-ABLE ALARM SERVICE INC 196.25 ACE HARDWARE, BJORKMAN'S 751.30 ADAMS ENTERPRISES INC, R 571.64 ADAMS OUTDOOR POWER EQUI 83.40 ADAMS STEEL SERVICE INC 184.01 ALEXANDER LUMBER CO 129.20 AMERICAN ALUMINUM ACCESS 1,390.00 AMERICAN HOTEL REGISTER 366.79 AMERICAN RED CROSS OF GR 541.00 AMERICAN SOLUTIONS FOR B 140.00 AMERICAN TELECOMMUNICATI 253.29 ANDERSON TREE SERVICE IN 4,277.00 ARCHACKI, SHARON 51.00 ASECOM INC 259.48 B AND H INDUSTRIES 240.00 BAXTER S WOODMAN 3,761.97 BONCOSKY OIL COMPANY 9,509.48 BOTTS WELDING S TRUCK SE 102.05 BRADY S ASSOCIATES, PHIL 3,555.00 BROWNS RIVER BINDERY INC 1,383.53 BULL'Z EYE FAMILY ARCHER 225.00 BUSS FORD SALES 1,378.22 CAPTAIN FREDERICK PABST 25.00 CDW GOVERNMENT INC 1,688.13 March 17, 2003 Page 5 CENTEGRA OCCUPATIONAL HE 482.50 CHICAGO COMMUNICATION SE 16,952.46 CINGULAR WIRELESS 14.40 CINTAS CORPORATION #355 185.24 CLIFFORD-WALD 204.98 COMED 13,948.07 COMMUNICATIONS REVOLVING 1,646.65 COMPUTERLAND 171.05 COUGHLIN, DIANE 20.00 CRESCENT ELECTRIC SUPPLY 40.84 CRYSTAL LAKE RADIATOR S 125.00 , CRYSTAL MANOR STABLE 320.00 CURRAN CONTRACTING CO 255.96 CUSTOM VEHICLE SYSTEMS I 282.50 CUTTING EDGE COMMUNICATI 4,283.45 D & J AUTOMOTIVE SUPPLY 126.16 D.R. ASSOCIATES 1,500.00 DONS CLEANERS 24.35 DURA WAX COMPANY INC, TH 376.50 ELM STREET MEDICAL CENTE 30.00 ENCHANTED CASTLE 39.00 ENTENMANN-ROVIN CO 61.00 EXECUTIVE ADVANTAGE 110.00 FAMILY TAILOR SHOP 51.00 FAST EDDIES CAR WASH 446.00 FEDEX 36.70 FLESCH COMPANY INC, GORD 272.46 FREUND INTERNATIONAL 884.62 G IMPRESSIONS INC 105.00 GALL'S INC 193.91 GARRELTS 6 SONS PLUMBING 500.00 GEMPLER'S INC 99.10 GITZKE, WILLIAM 610.85 GLICK, DEBORAH A 249.43 GOVERNMENT FINANCE OFFIC 125.00 GUZZARDO, ARLENE 135.00 H P SHOOTING CENTER INC 44.10 _ HANSEN'S ALIGNMENT, DON 45.00 HARRISON, TRACY 30.00 HOLIAN, CAROL 16.40 HOLLAENDER MANUFACTURING 109.99 HORNING, RUSSELL 85.19 ILLINOIS ASSOC OF CHIEFS 645.00 ILLINOIS POLICE ACCREDIT 50.00 INNOVATIVE PACKAGING INC 86.80 INTERSTATE BATTERY SYSTE 101.95 IODICE, TRISTA 55.00 IPRA 850.00 JEWEL FOOD STORES 33.88 JILEK, TAMATHA 30.00 JONES TRAVEL 6 TOUR 471.00 JULIE INC 44.00 KALE UNIFORMS INC 1,051.19 KAR PRODUCTS 695.22 KISER, WILLIAM 30.00 KITCHEN CONCEPTS 400.00 KRANZ, ANNE 25.00 KTD INC 108.69 LAKE BRANCH APWA 75.00 LAMZ, TIBBY 27.00 LANG PONTIAC-CADILLAC-SU 24.90 LAW ADVISORY GROUP INC 556.00 LDG CORPORATION 21,980.00 LEACH ENTERPRISES INC 123.52 LETN PRIMEDIA WORKPLACE 576.00 LOCKER'S FLOWERS 35.00 LOCKERBY, JOHN T 429.20 LONG, TERESA 38.00 LORMAN EDUCATION SERVICE 289.00 LUND INDUSTRIES 40.00 MARSHALL, LORELEI 42.00 MARTIN, DOUG 36.80 MCANDREWS PC, THE LAW OF 6,800.00 MCCANN INDUSTRIES INC 793.02 MCH COUNTY DEPT OF HEALT 445.00 MCHENRY AREA CHAMBER OF 165.00 MCHENRY AUTO PARTS 383.28 March 17, 2003 Page 6 MCHENRY COUNTY CHIEFS OF 36.00 MCHENRY COUNTY CLERK 10.00 MCHENRY COUNTY EDC 250.00 MCHENRY COUNTY RECORDER 6.00 MCHENRY COUNTY SUPPLY IN 65.00 MCHENRY CTY HISTORICAL 500.00 MCHENRY SPECIALTIES 80.00 MCI COMM SERVICE 40.40 MENARDS - CRYSTAL LAKE 363.57 MICROFLEX 313.00 NAES 36.00 NEXTEL COMMUNICATIONS 1,500.88 NICOLET SCENIC TOURS 960.00 NICOR.GAS 2,927.85 NORTH EAST MULTI-REGIONA 1,310.00 NORTHWEST AUTO ELECTRIC 120.00 NORTHWEST COURT REPORTIN 125.00 NORTHWEST ELECTRICAL SUP 537.31 NORTHWESTERN UNIVERSITY 3,825.00 O'MEARA, THOMAS 349.98 OFFICE DEPOT INC 819.67 OHLIN SALES INC 73.89 OLD MILL KITCHEN DESIGN 30.00 OLIVER, JUANITA 50.00 ORIENTAL TRADING CO INC 145.52 PARADISE COMPUTER 50.00 PERKINS, MICHAEL 69.74 PETALS & STEMS 35.00 PITNEY BOWES INC 248.69 QUILL CORPORATION 333.72 R & S DISTRIBUTORS INC 293.10 RALPHS GENERAL RENTAL 2,705.00 RECREATION CONCEPTS INC 5,080.00 REGNER, WILLIAM J 252.75 RIVERSIDE BAKE SHOP 11.81 RODRIQUEZ & SONS 4,880.00 ROGERS, MATT 45.56 SADOWSKI, JANE 40.00 SAFETY KLEEN CORP 150.75 SBC 4,192.66 SCAN-AM 114.25 SCHMIDT, THOMAS 36.84 SCIAME, RYAN 130.66 SEMROW JR, HARRY H 816.50 SHERMAN MECHANICAL INC 3,150.26 SMITH ENGINEERING CONSUL 1,799.10 SMITH, JUDY 10.92 SSMG 801.75 ST PAULS EPISCOPAL CHURC 504.00 STAN'S FINANCIAL SERVICE 278.00 STANDARD EQUIPMENT CO 3,392.05 STREICHERS 91.90 TEMPLE DISPLAY LTD 1,058.72 TRAFFIC CONTROL & 1,620.62 TRUCKENBROD, KATHY 40.00 VILLASANA, TRACIE 38.00 WEARGUARD 868.49 WHOLESALE DIRECT INC 840.34 WILLIAMS ELECTRIC SERVIC 448.00 WISCOMP SYSTEMS INC 1,318.00 WITT, JULIE 40.00 WOLF CAMERA & VIDEO 609.27 WRIGHT, CHARLOTTE 38.00 XENCOM 3b.00 YOUNG REMBRANDTS INC 350.00 YOUNG, TIMOTHY B 23.20 ZARATE, MIGUEL C 17.50 ZIMMERMAN, LOIS 128.66 ZUKOWSKI ROGERS FLOOD & 7,690.07 ANNEXATION FUND MCHENRY COMMUNITY HIGH S 3,770.00 MCHENRY COMMUNITY SCHOOL 5,345.00 MCHENRY PUBLIC LIBRARY 315.00 MOTOR FUEL TAX FUND NORTH AMERICAN SALT CO 19,043.62 March 17, 2003 Page 7 TIF FUND ORR & ASSOCIATES, KATHLE 325.50 CAPITAL IMPROVEMENTS FUND BAXTER & WOODMAN 1,955.80 SMITH ENGINEERING CONSUL 675.00 WATER/SEWER FUND ACE HARDWARE, BJORKMAN'S 476.14 ADAMS ENTERPRISES INC, R 183.99 ALEXANDER LUMBER CO 25.33 AMERICAN TELECOMMUNICATI 20.51 AMERICAN WATER WORKS ASS 395.00 AQUAPREP 4,335.00 BAXTER & WOODMAN 1,216.64 BONCOSKY OIL COMPANY 2,687.55 BOTTS WELDING & TRUCK SE 91.50 CINTAS CORPORATION #355 250.63 COMED 27,111.26 CRESCENT ELECTRIC SUPPLY 115.01 CRYSTAL LAKE TIRE & 206.25 D & J AUTOMOTIVE SUPPLY 6.23 D'ANGELO NATURAL SPRING 35.00 D'S MARINE SERVICE INC 230.00 FREUND INTERNATIONAL 88.16 GILPIN, GARY 95.75 GRAINGER INC, W W 562.75 GROWER EQUIPMENT & SUPPL 116.12 HACH COMPANY 351.30 HADLEY ASSOCIATES INC 586.00 INTERSTATE BATTERY SYSTE 40.08 JEMISON ELECTRIC BOX & S 309.00 KTD INC 50.52 LEACH ENTERPRISES INC 49.31 LEWIS INTERNATIONAL INC 11.72 MACE, DOUG 53.73 MCHENRY ANALYTICAL WATER 351.00 MCHENRY AUTO PARTS 8.82 MCHENRY ELECTRIC & SUPPL 99.20 MCI COMM SERVICE 7.40 MENARDS FOX LAKE 243.16 MEYER MATERIAL COMPANY 167.20 MIDWEST METER INC 1,523.92 NCL OF WISCONSIN INC 377.77 NEXTEL COMMUNICATIONS 156.39 NICOR GAS 3,898.65 NORTH SUBURBAN WATER 36.00 NORTHERN BALANCE & SCALE 95.00 PETERSEN SAND & GRAVEL 121.13 PITNEY BOWES INC 62.16 REICHE'S PLUMBING SEWER 220.00 REICHERT CHEVROLET 19.77 SBC 1,039.18 SETTLERS HILL RDF 11,426.40 USA BLUEBOOK 170.34 VIKING CHEMICAL COMPANY 2,056.25 WHOLESALE DIRECT INC 369.06 XENCOM 95.00 UTILITY IMPROVEMENTS FUND BAXTER & WOODMAN 31,266.79 MARINA OPERATIONS FUND BAXTER & WOODMAN 1,227.00 RISK MANAGEMENT FUND GALLAGHER RISK MANAGEMEN 50.00 MCHENRY AUTO BODY CO INC 927.72 RETAINED PERSONNEL ESCROW BAXTER & WOODMAN 20,137.11 MCHENRY ANALYTICAL WATER 234.00 ZUKOWSKI ROGERS FLOOD & 926.25 POLICE PENSION FUND EDER CASELLA & CO 2,100.00 March 17, 2003 Page 8 Z GRAND TOTALS 323,531.07 FUND TOTALS GENERAL FUND 172,988.00 ANNEXATION FUND 9,430.00 MOTOR FUEL TAX FUND 19,043.62 TIF FUND 325.50 CAPITAL IMPROVEMENTS FUND 2,630.80 WATER/SEWER FUND 62,244.28 UTILITY IMPROVEMENTS FUND 31,266.79 MARINA OPERATIONS FUND 1,227.00 RISK MANAGEMENT FUND 977.72 RETAINED PERSONNEL ESCROW 21,297.36 POLICE PENSION FUND 2,100.00 TOTALS 323,531.07 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. PICNIC/SPECIAL USE PERMITS Motion by Low, seconded by Murgatroyd, to approve the Parks and Recreation Department PicnictSpecial Use Permits, as presented. Voting Aye: Bolger, Low, Murgatroyd, Wimmer. Voting Nay: None. Abstain: Glab. — Absent: None. Motion carried. REQUEST FOR SPECIAL EVENT LIQUOR LICENSE AND WAIVER OF ASSOCIATED FEES FROM THE MCHENRY DOWNTOWN BUSINESS ASSOCIATION TO HOST THE FIRST ANNUAL "OSCAR PARTY" Mayor Althoff introduced Cindy Kottke, President of the McHenry Downtown Business Association. Ms. Kottke addressed Council requesting a Special Event Liquor License and waiver of all associated fees to serve champagne at an event entitled "Oscar Party" to be held on Sunday, March 23, 2003 at the former McHenry Theater on Green Street from 3:00 p.m. to 8:00 p.m. Ms. Kottke informed Council all profits from the event would be used for future downtown revitalization and events. Alderman Low, expressing support for the event, opined many residents in the City of McHenry enthusiastically look forward to reopening of the downtown theater. Motion by Bolger, seconded by Low, to approve the request of the McHenry Downtown Business Association for a Special Event Liquor License and waiver of associated fees for the first annual "Oscar Party" to be held on Sunday, March 23, 2003 from 3:00 p.m. 8:00 p.m. at the former McHenry Theater on Green Street. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. March 17, 2003 Page 9 RECOMMENDATION TO: • ENTER INTO A LEASE AGREEMENT WITH JAMES P. FINCH TO FARM 26 ACRES OF THE FORMER LEVY PROPERTY FOR A TERM OF ONE-YEAR BEGINNING MARCH 1. 2003: AND • AUTHORIZE THE MAYOR TO EXECUTE THE U.S. DEPARTMENT OF AGRICULTURE FORM FSA-211 PROVIDING POWER OF ATTORNEY TO LESSEE Assistant City Administrator Lockerby stated in December 2002 the City of McHenry accepted a donation of 50.13 acres of land located off of Curran Road in McHenry Township, commonly referred to as the Levy Property. He informed Council that historically approximately 26-acres of the property has been leased by tenant farmer James Finch. Mr. Finch is requesting Council consider his desire to continue leasing the property on a year-to-year basis. In conjunction with approval of the Mayor signing the lease, Staff is recommending Council approve the Mayor's signature on U.S. Department of Agriculture Form FSA-211 providing Power of Attorney to Mr. Finch for enrollment in the Direct and Counter-Cyclical Program. Motion by Bolger, seconded by Low, to approve: • Entering into a lease agreement with James P. Finch to farm 26 acres of the former Levy property for a term of one-year beginning March 1, 2003; and • Authorizing the Mayor to execute the U.S. Department of Agriculture Form FSA-211 providing Power of Attorney to lessee. �-- Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. REQUEST FROM STATE BANK OF THE LAKES FOR A CONDITIONAL USE PERMIT TO ALLOW A BANKING FACILITY WITH FIVE DRIVE-THRU LANES ON ROUTE 120 IN THE ADAMS COMMERCIAL CENTRE Mayor Althoff recognized Attorney Steven Cuda of Hamer, Schuh and Cuda, representing Applicant, State Bank of the Lakes. Mr. Cuda introduced Randy Miles, President of State Bank of the Lakes and Frank Cuda, engineer. Attorney Cuda addressed Council stating Applicant requests a Conditional Use Permit to construct a building of approximately 21,000 square feet, which will include a 6,000 square foot bank with a drive-thru together with approximately 15,000 square feet of office space and a community room. The building is to be located on approximately 2.32 acres on State Route 120 in the Adams Commercial Centre. Director of Community Development Napolitano noted the proposed land use is appropriate for the site. The property is designated commercial in the City's Comprehensive Plan and the proposed drive-thru meets the requirements, five per lane, �- for stacking spaces. Director Napolitano stated the Planning and Zoning Commission, at a Public Hearing held on January 23, 2003, unanimously recommended approval of the March 17, 2003 Page 10 Conditional Use Permit subject to submission of a revised site plan addressing minor parking and interior access items. Director Napolitano responded affirmatively to Alderman Murgatroyd's inquiry regarding whether or not the conditions recommended by the Commission have been addressed. Responding to Alderman Glab's inquiry, Director of Community Development Napolitano stated a total of 78 parking spaces are planned for the property. Alderman Glab opined 78 parking spaces are inadequate for the site. Motion by Bolger, seconded by Wimmer, to direct Staff to prepare an ordinance approving the request of State Bank of the Lakes for a Conditional Use Permit to construct and operate a banking facility with five drive-thru lanes on State Route 120 in the Adams Commercial Center. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR A SIGN VARIANCE FOR INSTALLATION OF A FREE-STANDING SIGN - EXTREME JEEP SUZ_UKI, 3017 W. ROUTE 120 Director of Community Development Napolitano informed Council a request was -� received from Patty Strickland of North Shore Signs on behalf of Extreme Jeep Suzuki located at 3107 West State Route 120. The automobile dealership has recently added the Suzuki line of vehicles and is requesting permission to install a free-standing sign on the site to advertise the new product. Director Napolitano stated there is currently one free-standing sign on the site advertising Jeep. The existing sign is 96 square feet with a height of 25 feet. There is also one wall sign, 107 square feet in area, on the building. Suzuki is proposing a 3'-1 n x 18', 56.25 square foot wall sign and a 4' x 10',15 feet high, free-standing sign. He noted the total square footage of existing signs and the proposed signs is 299.25 square feet. Director Napolitano informed Council pursuant to the City sign regulations Extreme Jeep Suzuki is allowed one freestanding sign, with a maximum of 200 square feet and two wall signs, with a maximum total square footage of 228 square feet. The site is allowed 428 square feet of sign area. Motion by Glab, seconded by Bolger, to approve the request for a sign variance for installation of a freestanding sign at the Extreme Jeep Suzuki located at 3017 W. State Route 120. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. — Absent: None. Motion carried. March 17, 2003 Page 11 REQUEST FOR A SIGN VARIANCE TO ALLOW THREE WALL SIGNS - STARBUCKS COFFEE SHOP, 2110 NORTH RICHMOND ROAD Director Napolitano informed Council of a request received from Melanie Soos of Soos and Associates, Inc. on behalf of Starbucks Coffee, currently under construction at 2110 N. Richmond Road, for three wall signs totaling 53.19 square feet to enhance visibility. Director Napolitano stated Starbucks will be located in the northernmost tenant space of the out building in front of Circuit City, facing the interior of the shopping center, in the McHenry Towne Center. He noted, pursuant to the City's sign regulations, Starbucks is permitted one wall sign with an area of 30 square feet. It was noted all outlots in the shopping center were granted a variance to have a free-standing sign, not to exceed 30 square feet in area and 6 feet in height. Starbucks will have identification on the free- standing sign. Additionally, Starbucks is proposing the following: West Elevation: 1, 60" round logo sign (19.63 sq. ft.) North Elevation: 1, "STARBUCKS COFFEE," 14" high letters (21 sq. ft.) East Elevation: 1, 48" round logo sign (12.56 sq. ft.) Alderman Murgatroyd expressed concern regarding establishing a precedent for this type of request, suggesting sign variance requests and procedures be discussed at a future meeting of the Community Development Committee. Community Development Committee Chairman Alderman Wimmer concurred. Motion by Low, seconded by Bolger, to approve the request for a sign variance to allow three wall signs at Starbucks Coffee Shop located at 2110 North Richmond Road as follows: West Elevation: 1, 60" round logo sign (19.63 sq. ft.) North Elevation: 1, "STARBUCKS COFFEE," 14" high letters (21 sq. ft.) East Elevation: 1, 48" round logo sign (12.56 sq. ft.) Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR USE VARIANCE TO ALLOW A RESTAURANT SERVING ALCOHOLIC BEVERAGES AND HAVING LIVE ENTERTAINMENT - MCHENRY HOTEL PARTNERS, 1501 SOUTH ROUTE 31 Mayor Althoff recognized Attorney Thomas Zanck of Militello, Zanck & Coen, representing Applicant, McHenry Corporate Center, Inc., individually and as sole member and managing member of McHenry Hotel Partners, L.L.C. and McHenry Hotel Partners, L.L.C. Mr. Zanck introduced Mr. Scott Dixon and Mr. Marc Munaretto of McHenry -`. Corporate Center Inc. stating their availability to answer any questions posed by Council. Attorney Zanck stated the property is located within the McHenry Corporate Center, March 17, 2003 Page 12 northeast of the Hampton Inn and comprised of approximately 1.76 acres. He informed Council the Applicant is requesting a use variance to allow construction and operation of an upscale steak and seafood restaurant serving alcoholic beverages and providing live entertainment. Responding to Alderman Glab's inquiry Director of Community Development Napolitano stated the restaurant would have a seating capacity for 260 patrons. The proposed private dining room would seat approximately 80 persons, and a smaller private dining room would accommodate ten to twelve patrons. Director Napolitano noted the 99 parking spaces proposed complies with the City of McHenry ordinances. Director Napolitano informed Council the Planning and Zoning Commission, at a Public Hearing Held on March 6, 2003, unanimously recommended approval of the use variance as requested provided the site is developed in accordance with the landscaping plan and elevations plans as submitted. Alderman Glab expressed concerns regarding drainage. It was stated the detention pond at the Corporate Center has been deemed adequate to accommodate anticipated drainage. Motion by Bolger, seconded by Murgatroyd, to approve the request for a use variance allowing a restaurant serving alcoholic beverages and having live entertainment _ in the McHenry Corporate Center by McHenry Hotel Partners at 1501 South Route 31. Voting Aye: Bolger, Low, Murgatroyd, Wimmer. Voting Nay: Glab. Absent: None. Motion carried. REQUEST FOR A CLASS A LIQUOR LICENSE FROM NEW YORK PRIME, INC D/B/A DUNHILL'S PRIME STEAKHOUSE LOCATED AT 1501 SOUTH ROUTE 31 Mayor Althoff introduced George Archos, President of New York Prime, Inc. Mayor Althoff informed Council a liquor license application has been received from Mr. Archos for the proposed Dunhill's Prime Steakhouse to be located at 1501 S. State Route 31 in the McHenry Corporate Center. Mayor Althoff noted Mr. Archos has been fingerprinted, submitted all required information and required fees have been paid. Additionally, she stated Mr. Archos is the owner/operator of Seasons of Long Grove Restaurant and possesses experience operating a restaurant serving alcoholic beverage. A brief discussion ensued. Motion by Low, seconded by Wimmer, to approve the request for a Class A Liquor License from New York Prime, Inc. d/b/a Dunhill's Prime Steakhouse located at 1501 South Route 31, subject to the receipt of satisfactory fingerprinting report results. Voting Aye: Bolger, Low, Murgatroyd, Wimmer. ' Voting Nay: Glab. Absent: None. Motion carried. March 17, 2003 Page 13 ORDINANCE CHANGING HORSEPOWER LIMITS FOR WATERCRAFT ON MCCULLOM LAKE TO 10-HP FOR BOATS AND 25-HP FOR PONTOONS -- Director of Parks and Recreation Merkel stated the Parks and Recreation Committee, at its meeting held on January 9, 2003, recommended changing the horsepower limitations for watercraft on McCullom Lake. The Committee recommended the maximum limits should be 10 hp for boats, and 25 hp for pontoons. He noted lakefront residents would be notified by letter of the change by the May 1, 2003 effective date and the one season allowance for compliance. Director Merkel noted an ordinance reflecting the new limits was provided for Council consideration. Parks and Recreation Committee Chairman Alderman Low stated the decision to limit the horsepower for watercraft on McCullom Lake was not made lightly and effort was made to be sensitive to the watercraft owners. Alderman Glab suggested the following modifications to the Ordinance: • "Except as provided herein, no person whose property abuts McCullom Lake shall operate any boat with a motor in excess of 10 hp or a pontoon watercraft with a motor in excess or 25 hp. ..."; and • Those residents who register their boat or pontoon watercraft with the City's Parks and Recreation Department by May 1, 2003, may exceed the horsepower limitations through November 1, 2003, but in no case shall the horsepower limitation exceed 40 hp." Motion by Murgatroyd, seconded by Wimmer, to approve the Mayor and City Clerk's execution of an ordinance regulating horsepower limits for watercraft on McCollum Lake as follows: Except as provided herein, no person whose property abuts McCullom Lake shall operate any boat with a motor in excess of 10 hp or a pontoon watercraft with a motor in excess or 25 hp on any portion of McCullom Lake located within the City limits. Those residents who register their boat or pontoon watercraft with the City's Parks and Recreation Department by May 1, 2003, may exceed the horsepower limitations through November 1, 2003, but in no case shall the horsepower limitation exceed 40 hp. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. ORDINANCE AUTHORIZING TRANSFER OF the 8 % ACRE PARCEL ON GREEN STREET TO THE CITY OF MCHENRY City Administrator Maxeiner iterated on December 2, 2002 Council approved an Intergovernmental Agreement among the City of McHenry, McHenry County and McHenry Township, which included the transfer of approximately 8 '/2 acres of property on the east `�-- side of Green Street, across from the Municipal Center. He stated prior to the transfer an ordinance must be executed by the Mayor and City Clerk authorizing acceptance of the property by the City of McHenry. March 17, 2003 Page 14 1 Motion by Bolger, seconded by Wimmer, to approve the Mayor and City Clerk's execution of an ordinance authorizing the transfer of the 8 '/ acre parcel located on Green Street to the City of McHenry. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. DISCUSSION REGARDING THE POSSIBLE ANNEXATION OF UNINCORPORATED TRACTS OF LAND SURROUNDED BY THE CITY OF MCHENRY Director of Community Development Napolitano addressed Council regarding the possibility of forcible annexation of certain parcels of property surrounded by the City. He stated Illinois Statutes specify certain conditions under which a municipality may forcibly annex property. He noted the following reasons the City may wish to consider forcible annexation: • Square off municipal boundaries; • Avoid confusion over provision of services, such as police protection and road maintenance; • Provide consistency in the application of ordinance and code requirements and enforcement; — • Gain control over development or redevelopment of a parcel; and • To prevent another community from annexing the property. Director Napolitano pointed out should the City choose to annex undeveloped property, the negotiating power of an Annexation Agreement is forfeited. Director Napolitano informed Council that a map identifying various unincorporated properties within the City limits was reviewed by the Community Development Committee. The Committee identified seven parcels deemed appropriate for consideration of forcible annexation based upon State Statute criteria, and judged unlikely to be redeveloped and subject to the terms of an Annexation Agreement. Director Napolitano informed Council the Community Development Committee suggested each property owner be offered the opportunity to voluntarily annex to the City prior to forcible annexation. In May 2002, following this direction, Mayor Althoff sent letters to seven property owners. It was noted since the letters were sent in May 2002, three additional parcels have been surrounded by the City of McHenry. It has been recommended the City pursue a policy of forcible annexation of parcels of unincorporated, developed property surrounded by the City. Staff is requesting authorization to: • Inform the property owners of the City's intention; _ • Develop legal descriptions for the parcels in question; ' • Prepare an ordinance for the annexation of the properties; and • Publish notification of the City's intent to annex the parcels in a newspaper of general circulation. March 17, 2003 Page 15 Alderman Murgatroyd stated his desire to review all the properties prior to making any decision regarding forcible annexation. Alderman Glab opined support of the annexations, suggesting the topic be brought before Council in May 2003, following the budget process and pending election in April. Alderman Wimmer concurred with Alderman Glab. . It was the consensus of Council to bring the topic of forcible annexation before Council for further consideration at a regular Council meeting in May 2003. MAYOR—STATEMENT AND REPORT Mayor Althoff informed Council she would provide information in the Friday Report regarding County referendums she is supporting as State Senator. Mayor Althoff informed the Council, with her appointment as State Senator it is her intent to step down as Mayor of the City of McHenry at some point in the near future. Mayor Althoff requested Council's recommendation to facilitate a smooth transition. Mayor Althoff stated a Selection Team comprised of City Administrator Maxeiner, Assistant Administrator Lockerby, Director Community Development Napolitano, Director Public Works Marcinko, Planner Martin, and herself would interview six Riverwalk Landscape Architects. Following the interviews three of the candidates will be invited to submit a Request for Proposal. She stated Council would be kept apprised. COMMITTEE REPORTS Alderman Low informed Council the discussions regarding the joint venture with the YMCA regarding the Recreation Center are going well. Chairman Alderman Murgatroyd of the Finance and Personnel Committee stated a meeting has been scheduled with City Administrator Maxeiner and Assistant Administrator Lockerby to discuss the proposed Budget for 2003/2004. DEPARTMENT HEAD REPORTS Assistant Administrator Lockerby informed Council the Riverwalk Foundation Executive Board met this afternoon and authorized that a fundraising letter, drafted by Alderman Bolger, be printed and distributed. Director of Public Works Marcinko informed Council installation of the permanent Riverside Hollow lift station is anticipated no later than May 3, 2003. Director of Public Works Marcinko stated he attended an Illinois Route 120 Pre- construction meeting and was informed the Ultimate Dog building located on the corner of Crystal Lake Road and State Route 120 would be demolished no later than April 1, 2003. -`. Director of Parks and Recreation announced he had been presented with a check by Jeff Hurckes of the McHenry Area Soccer Foundation in the amount of$1,221, payable to the City of McHenry Parks and Recreation Department, to assist in purchasing soccer March 17, 2003 Page 16 equipment for the coming season. "�- Director of Community Development Napolitano informed Council the Conditional Use Permit for the building adjacent to Dunkin' Donuts has been moved to the Planning and Zoning Commission meeting scheduled on April 3, 2003. City Administrator Maxeiner stated City Engineer Baxter& Woodman has expressed concerns regarding the size of the development proposed on the Amli property and the ability to adequately fulfill sanitary needs. He informed Council a Freedom of Information request has been submitted to the Village of Wonder Lake but a response has yet to be received. NEW BUSINESS Alderman Low stated she has received telephone calls from the Olde Mill Pond Homeowners Association regarding excessive speed observed on Olde Mill Lane. The Association is requesting a police presence. Mayor Althoff suggested use of the speed trailer might alleviate the problem. Alderman Glab suggested a City wide clean-up program be discussed at a future Community Development Committee meeting. ADJOURNMENT Motion by Low, seconded by Glab, to adjourn the meeting at 8:59 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjourned at 8:59 p.m. zz_r�I-LI)J_� — — AYOR CLERK `a