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Home My WebLink AboutMinutes - 07/19/2004 - City Council REGULAR MEETING JULY 19, 2004 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, July 19, 2004 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 Shepley, City Clerk Jones, Chief of Police O'Meara, Director of Public Works Marcinko, Director of Community Development Napolitano, Director of Finance Kline. Absent: City Attorney McArdle, Director of Parks and Recreation Merkel. PRESENTATION: BOY SCOUT KURT LOEBLICH MCHENRY TROOP 131 Boy Scout Kurt Loeblich, McHenry Troop 131, as part of an Eagle Scout project, presented the Police Department an Automatic External Defibrillator and a First Aid Kit. It was noted that in addition to the equipment, Mr. Loeblich provided CPR, AED and First Aid training to McHenry Police Officers. 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 Wimmer, to approve the Consent Agenda as presented: A. Picnic/Special Use Permits; -- B. Request for release of construction guarantee, Oaks of McHenry 2A; C. Request for release of construction guarantee, Park View Plaza; D. Request to advertise for bids—Water Treatment Plant No. 1 Renovation; E. As-Needed Checks: GENERAL FUND AFLAC 1,642.00 APWA 25.00 DEPT OF COMMERCE 6 ECONO 10,208.05 DONLEY'S WILD WEST TOWN 600.00 FIRST MIDWEST BANK 801.80 FOP UNITS I/II 1,650.00 HILTON SPRINGFIELD 316.80 IMRF 48,237.19 MCHENRY AREA CHAMBER OF 100.00 MCHENRY COUNTY COLLECTOR 1,745.69 MCPOA 602.60 MILES CHEVROLET INC 18,174.00 NATIONAL GUARDIAN LIFE I 123.83 NCPERS GROUP LIFE INS. 255.00 POSTMASTER MCHENRY IL 950.95 PUBLIC WORKS/PARKS ASSOC 324.00 RECORD A HIT 795.00 RESERVE ACCOUNT 1,350.00 RIDINGS INC, BOB 41,690.00 SAM'S CLUB 772.33 SCHATZ, DON 195.00 SCHAUMBURG CASTLE INC 697.50 SECRETARY OF STATE 240.00 SECRETARY OF STATE / POL 78.00 SHORELINE SIGHTSEEING 749.00 UNITED PARCEL SERVICE 57.93 UNITED STATES LIFE INSUR 2,054.70 UNITED WAY OF MCHENRY CO 90.00 DEBT SERVICE-1997A FUND JP MORGAN TRUST COMPANY 80,700.00 July 19, 2004 Page 2 CAPITAL IMPROVEMENTS FUND METROPOLITAN TITLE COMPA 19,400.00 ~� WATER/SEWER FUND ILLINOIS EPA 31,018.63 RESERVE ACCOUNT 150.00 UNITED PARCEL SERVICE 13.24 x UNITED STATES LIFE INSUR 307.80 BOND & INTEREST FUND JP MORGAN TRUST COMPANY 900.00 UTILITY IMPROVEMENTS FUND NIBCO CONSTRUCTION CONCE 9,347.33 MARINA OPERATIONS FUND MCHENRY COUNTY COLLECTOR 3,332.17 EMPLOYEE INSURANCE FUND BENEFIT SYSTEMS & SERVIC 20,116.71 RISK MANAGEMENT FUND GALLAGHER RISK MANAGEMEN 50.00 GRAND TOTALS 299,862.25 FUND TOTALS GENERAL FUND 134,526.37 DEBT SERVICE-1997A FUND 80,700.00 CAPITAL IMPROVEMENTS FUND 19,400.00 WATER/SEWER FUND 31,489.67 BOND & INTEREST FUND 900.00 UTILITY IMPROVEMENTS FUND 9,347.33 MARINA OPERATIONS FUND 3,332.17 EMPLOYEE INSURANCE FUND 20,116.71 RISK MANAGEMENT FUND 50.00 TOTAL 299,862.25 F. List of Bills: GENERAL FUND AACE 60.00 ACE HARDWARE, BJORKMAN'S 1,997.08 ACME BRICK & SUPPLY CO 539.30 ADAMS ENTERPRISES INC, R 225.19 ADAMS OUTDOOR POWER EQUI 65.70 ADAMS STEEL SERVICE INC 57.75 AHLBORN EQUIPMENT INC 152.42 AMERICAN PLANNING ASSOCI 259.00 ANDERSON, JERRY 36.00 ANDREWS, MAUREEN J 120.00 ARAMARK WORK APPAREL & U 105.57 B AND H INDUSTRIES 147.76 B&M LAWN CARE 475.00 BARNES DISTRIBUTION 356.17 BARNTHOUSE, CHARLES 84.00 BAXTER & WOODMAN 4,529.45 BAZILEWICH, GREG 94.00 BEACON BEVERAGE SYSTEMS 164.00 BEST WAY 24 HOUR TOWING 95.00 BONCOSKY OIL COMPANY 1,687.66 BOTTS WELDING & TRUCK SE 15.50 BRADY & ASSOCIATES, PHIL 4,937.00 BREMER, CURT 180.00 BRUCKI, JULIE 38.00 BUCH BROS PLUMBING 1,500.00 BULL VALLEY BP 30.00 BUSS FORD SALES 520.35 CENTEGRA OCCUPATIONAL ME 589.50 CERTIFIED SERVICES INC 20.36 _ CHICAGO BOTANIC GARDEN 80.00 CHICAGO COMMUNICATION SE 172.00 CINTAS CORPORATION #355 327.54 CLARKE ENVIRONMENTAL MOS 5,724.00 COMED 17,034.75 COMMUNICATIONS REVOLVING 681.00 COMPTON, LAN 40.00 CONNOR CO 122.72 July 19, 2004 Page 3 COUNTRYSIDE FLOWER SHOP 222.63 CRESCENT ELECTRIC SUPPLY 34.22 CURRAN CONTRACTING COMPA 661.24 D & J AUTOMOTIVE SUPPLY 594.92 DELISI, PHIL 105.00 DEMARAIS CANINE TRAINING 2,780.00 DOCUMENT IMAGING DIMENSI 396.00 DON'S TOWING 25.00 M DONOVOEN, JEFF 12.00 DONS CLEANERS 51.75 DOWNING, ANGIE 10.25 DURA WAX COMPANY INC, TH 80.20 DZIADULA, LYNN 14.00 ED'S RENTAL & SALES INC 280.00 EDELING, LORRAINE 42.00 FLAMINGO LANDSCAPE INC 900.00 FLESCH COMPANY INC, GORD 127.61 FOLLETT SOFTWARE 30.00 FOXCROFT MEADOWS INC 1,646.25 FRANKLIN, JAMES 126.00 FRONTIER CHIROPRACTIC 30.00 G IMPRESSIONS INC 90.00 GALLS INCORPORATED 33.98 GOLD MEDAL PRODUCTS 1,349.20 GOPHER 879.42 GREAT LAKES FIRE & SAFET 928.27 GROVES, SANDI 4.50 GROWER EQUIPMENT & SUPPL 167.30 HALOGEN SUPPLY COMPANY 1,405.03 HANSEN'S ALIGNMENT, DON 130.00 HANSEN, SHARON 42.00 HARM'S FARM 360.23 HAYWARD, RALPH 1,500.00 HOYT, ANN W 159.30 HP SHOOTING CENTER INC 900.00 HUFFER MANUFACTURING 1,196.00 HUSTLER SPORT CENTER 12.60 ICON IDENTITY SOLUTIONS 30.00 .� IDENTITY SPORTSWEAR 1,561.08 ILLINOIS CITY/COUNTY MAN 391.00 ILLINOIS TAX INCREMENT A 375.00 IMAGETEC LP 96.55 INDUSTRIAL/ORGANIZATIONA 1,625.00 INTEGRA BUSINESS SYSTEMS 88.95 IPMA-HR 299.00 J G UNIFORMS INC 90.69 JENSEN'S PLUMBING & HEAT 500.07 JEWEL FOOD STORES 97.29 JONES TRANSPORTATION SER 579.00 JUSTEN, DARLENE 27.00 KAMPS, DON 273.00 KENNEDY HOMES LTD PT 30.00 KIEFER & ASSOC, ADOLPH 527.52 KITCHEN CONCEPTS 4,012.00 KRANZ, ANNE 45.99 KROHN LAWN & LANDSCAPE 23,405.74 KROLL, TIFFANY 35.00 KTD INC 29.56 LACY, JANICE 87.00 LAKESIDE PEST CONTROL SE 85.00 LANG PONTIAC-CADILLAC-SU 19.32 LEACH ENTERPRISES INC 1.16 LEONARDI'S FOOD SPECIALT 3,868.80 LETN PRIMEDIA WORKPLACE 388.00 LEWIS INTERNATIONAL INC 586.18 LIVERETTE, GERALYN 103.00 LOCKER'S FLOWERS 40.00 LORCH, NANCY 182.76 LUNA, EDGAR 50.00 MCANDREWS PC, THE LAW OF 6,800.00 MCCANN INDUSTRIES INC 33.91 MCCARTHY, THOMAS M 896.00 MCHENRY COUNTY COLLEGE 74.00 MCHENRY COUNTY GLASS & 25.29 MCHENRY COUNTY RECORDER 28.00 MCHENRY COUNTY SUPPLY IN 1,270.97 MCHENRY ELECTRIC & SUPPL 1,509.66 July 19, 2004 Page 4 MCHENRY FIRESTONE 118.64 MCHENRY NAPA 4,353.99 ~' MCHENRY POLICE PENSION F 119,150.70 MCHENRY SPECIALTIES 440.50 MCNULTY, KAREN 82.00 MEYER JR, DONALD 107.50 MEYER MATERIAL COMPANY 150.63 MEYER, DONALD 26.61 ~' MICROFLEX 184.00 MILLER, PAULETTE 31.00 MINUTEMAN PRESS OF MCH 1,996.31 MOORE, KEVIN 154.00 MORRIS, BETH 31.00 NATIONAL RECREATION AND 320.00 NEXTEL COMMUNICATIONS 3,065.24 NICOR GAS 140.02 NORTH EAST MULTI-REGIONA 350.00 NORTHERN ILLINOIS SPECIA 82,678.00 NORTHERN KEY & LOCK INC 195.00 NORTHERN VMS LLC 1,028.00 NORTHWEST AUTO ELECTRIC 135.00 NORTHWEST ELECTRICAL SUP 535.51 NWBOCA 30.00 O'MEARA, THOMAS 523.70 OCCUPATIONAL FOOTWEAR CO 187.44 OFFICE DEPOT INC 686.80 OLD WORLD GEM & JEWELRY 30.00 ORIENTAL TRADING CO INC 5.95 OWSLEY, MIKE 246.80 PACE 8,603.16 PAPROCKI, KRISTINE 36.49 PEARCE, JAMIE 231.00 PEPSI-COLA GENL BOT 3,883.10 PERKINS, MICHAEL 118.50 PETERSEN SAND & GRAVEL 538.48 PETTIBONE & CO, P F 1,484.45 - PINTER, WILLIAM S 112.50 PITNEY BOWES INC 668.70 PRECISION SHARPENING 81.00 QUICK, KATHLEEN 132.70 QUILL CORPORATION 679.71 R & S DISTRIBUTORS INC 257.80 RAMIREZ, ESTEBAN A 60.00 REICHERT CHEVROLET 37.09 RINGWOOD BP 24.00 RIVERSIDE BAKE SHOP 128.76 ROBINSON, STEVEN 24.00 ROC CONSTRUCTION SUPPLY 161.26 RUNYARD, CLIFFORD A 60.00 RUSHING, RHONDA F LANG- 22.00 S & S WORLDWIDE 1,464.47 SBC 3,816.31 SBC LONG DISTANCE 61.81 SCHATZ, DON 585.00 SEARS 63.96 SEMROW JR, HARRY H 977.50 SHERMAN MECHANICAL INC 1,965:15 SHICK SCHOOL SUPPLY 282.08 SINCLAIR, STEVE 1,500.00 SMITH ENGINEERING CONSUL 1,493.00 SPEARS, KINDRA 29.00 SPRING ALIGN OF PALATINE 252.96 SSMG 2,976.64 STAN'S FINANCIAL SERVICE 278.00 STANDARD EQUIPMENT CO 929.42 STANS OFFICE TECHNOLOGIE 926.26 SULLIVAN, MARY ELLEN 137.00 SUMMERS PORTABLE TOILETS 285.00 TAYLOR STREET PIZZA 170.00 THEODORE POLYGRAPH SERV 750.00 THOMAS TRUCKING INC, KEN 1,150.00 THOMAS, JENNIFER 127.00 THOMPSON ELEVATOR INSPEC 252.00 TOMPKINS, CATHERENE 350.00 TRAFFIC CONTROL & PROTEC 2,082.76 TROCKI, TODD A 117.50 VALLONE, ANGELA 46.00 July 19, 2004 Page 5 VOLKMAR, VALERIE 160.00 WAGNER, ELLEN 36.00 WEST GROUP PAYMENT CENTE 62.00 WHAT WE WANTED INC 30.00 WILLIAMS ELECTRIC SERVIC 217.57 WILSON RACQUET SPORTS US 266.16 WIRTZ, TRACY 85.00 WOLF CAMERA 6 VIDEO 221.34 WOOD, ROLAND 24.00 ZEP MANUFACTURING COMPAN 334.51 ZIEMANN, KAREN 25.00 ZMT INC 876.50 ZUKOWSKI ROGERS FLOOD 6 7,265.00 BAND FUND ELM STREET DESIGN 270.00 MINUTEMAN PRESS OF MCH 1,092.28 ANNEXATION FUND MCHENRY COMMUNITY HIGH S 25,140.00 MCHENRY COMMUNITY SCHOOL 35,637.00 MCHENRY PUBLIC LIBRARY 2,102.00 MOTOR FUEL TAX FUND SMITH ENGINEERING CONSUL 351.00 DEVELOPER DONATION FUND CARMICHAEL CONSTRUCTION 13,175.10 D K CONTRACTORS INC 20F253.11 SMITH ENGINEERING CONSUL 2,201.53 TIF FUND BAXTER 6 WOODMAN 14,452.58 VOA ASSOCIATES INC 1,648.38 HUNTERSVILLE SSA86 BAXTER 6 WOODMAN 1,343.28 CAPITAL IMPROVEMENTS FUND BAXTER 6 WOODMAN 260.33 MCCUAIG HAEGER BOLZ 6 MC 311.15 SMITH ENGINEERING CONSUL 23,974.29 WATER/SEWER FUND A-YARD MATERIALS CO 300.00 ACE HARDWARE, BJORKMAN'S 723.89 ADAMS ENTERPRISES INC, R 9.88 ALEXANDER CHEMICAL CORP 1,955.00 BAXTER & WOODMAN 846.00 BONCOSKY OIL COMPANY 654.81 BOTTS WELDING 6 TRUCK SE 23.00 CINTAS CORPORATION #355 231.29 COMED 29,198.36 CONSERV FS 457.80 CRESCENT ELECTRIC SUPPLY 60.15 D 6 J AUTOMOTIVE SUPPLY 166.74 D'ANGELO NATURAL SPRING 42.60 DEL'S ELECTRIC SERVICE I 225.00 ED'S RENTAL 6 SALES INC 82.50 FOXCROFT MEADOWS INC 119.00 HACH COMPANY 378.15 HERDA, ANDREW 60.16 HURCKEKS, MIKE AND NANCY 10.09 INTERSTATE BATTERY SYSTE 195.90 KOFLO CORPORATION 120.00 KROHN LAWN 6 LANDSCAPE 2,451.01 KTD INC 137.38 LANG PONTIAC-CADILLAC-SU 566.60 LEACH ENTERPRISES INC 105.36 LEWIS INTERNATIONAL INC 73.39 MCCANN INDUSTRIES INC 11.64 MCHENRY ANALYTICAL WATER 515.00 MCHENRY COUNTY SUPPLY IN 430.39 MCHENRY ELECTRIC 6 SUPPL 49.74 MCHENRY NAPA 81.88 MENARDS FOX LAKE 53.80 METROPOLITAN INDUSTRIES 41.94 July 19, 2004 Page 6 METROTECH 261.41 MEYER MATERIAL COMPANY 546.88 1 MID AMERICAN WATER OF WA 1,470.25 MIDWEST METER INC 18,571.27 MINERAL MASTERS 100.00 NATIONAL WATERWORKS 406.41 NEXTEL COMMUNICATIONS 196.51 NICOR GAS 635.13 NORTH SUBURBAN WATER 45.00 OFFICE DEPOT INC 216.84 OLSEN SAFETY EQUIPMENT C 93.53 PETERSEN SAND & GRAVEL 209.10 PITNEY BOWES INC 74.30 ROMERO, LUIS 25.95 SBC 1,271.18 SCHAID, MARK 125.00 SETTLERS HILL RDF 4,925.33 SHERMAN MECHANICAL INC 1,925.90 SIMPSON CO INC, M E 525.00 USA BLUEBOOK 211.25 QSFILTER ENVIREX PRODUCT 2,292.00 VANDERSTAPPEN SURVEYING 450.00 VIKING CHEMICAL COMPANY 1,377.10 UTILITY IMPROVEMENTS FUND BAXTER & WOODMAN 21,431.09 MANUSOS GENERAL CONTRACT 50,377.50 RISK MANAGEMENT FUND BUSS FORD SALES 141.34 CENTEGRA OCCUPATIONAL ME 557.40 GALLAGHER RISK MANAGEMEN 50.00 MORAINE EMERGENCY PHYSIC 273.00 INFORMATION TECHNOLOGY FUND BOISE CASCADE OFFICE PRO 727.66 HARRIS, TIMOTHY 327.12 ILLINOIS AUDIO PRODUCTIO 198.00 LDG CORPORATION' 969.00 OFFICE DEPOT INC 323.77 QUILL CORPORATION 969.28 SBC 211.80 STANS OFFICE TECHNOLOGIE 669.00 VERIZON WIRELESS 439.99 RETAINED PERSONNEL ESCROW ADAMS, RITA 64.00 BAXTER & WOODMAN 7,031.06 BP PRODUCT NORTH AMERICA 370.75 SMITH ENGINEERING CONSUL 1,543.15 SSMG 317.70 ZUKOWSKI ROGERS FLOOD & 1,417.50 POLICE PENSION FUND LASALLE BANK 653.28 GRAND TOTALS 685,369.51 FUND TOTALS GENERAL FUND 377,760.10 BAND FUND 1,362.28 ANNEXATION FUND 62,879.00 MOTOR FUEL TAX FUND 351.00 DEVELOPER DONATION FUND 35,629.74 TIF FUND 16,100.96 HUNTERSVILLE SSA#6 1,343.28 CAPITAL IMPROVEMENTS FUND 24,545.77 WATER/SEWER FUND 76,333.99 UTILITY IMPROVEMENTS FUND 71,808.59 RISK MANAGEMENT FUND 1,021.74 r INFORMATION TECHNOLOGY FUND 4,835.62 RETAINED PERSONNEL ESCROW 10,744.16 POLICE PENSION FUND 653.28 TOTALS 685,369.51 July 19, 2004 Page 7 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None.. Motion carried. REQUEST FOR MINOR VARIANCE — RICARDO AND JOHANNA MARTINEZ, 1803 REDWOOD LANE Director of Community Development Napolitano informed Council that applicants Ricardo and Johanna Martinez, residents of 1803 Redwood Lane, are requesting a minor variance to allow the installation of a 16' x 36' foot in-ground swimming pool behind their home. Because the property has frontage on two streets, .Redwood Lane and McCullom Lake Road, the lot is considered a double frontage lot. By definition a double-frontage lot has no rear lot lines, thus no rear yard. The City Zoning Ordinance states that swimming pools can only be located in a rear or side yard, and are not permitted in the front yard. Director Napolitano indicated the area behind the home is suitable for the proposed pool and would not adversely impact nearby properties. Staff has no concerns with the request. The Planning and Zoning Commission at a Public Hearing held on July 1, 2004 unanimously recommended approval of the variance request to allow the swimming pool. Motion by Bolger, seconded by Condon, to accept the unanimous recommendation of the Planning and Zoning Commission, and to approve an ordinance granting a variance to allow a swimming pool in a required front yard on the property located at 1803 Redwood Lane. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR FENCE VARIANCE—JERALD KELL, 1720 DONOVAN STREET Director Napolitano informed Council a request was received from Jerald Kell of 1720 Donovan Street for a variance to allow the installation of a 4-foot high board on board cedar fence along Prestwick Street. Mr. Kell's property is a corner lot with frontage on Donovan Street and Prestwick Street. The City's fence regulations state that any fence in a corner side yard, except for split rail, must be set back 15-feet from the right-of-way line. Director Napolitano noted the applicant has an above-ground swimming pool on the lot and desires the additional privacy and security a fence would provide. Staff indicated the fence would be in keeping with the character of the neighborhood. There would be no impact on existing sight lines. Motion by Wimmer, seconded by Murgatroyd, to accept Staffs recommendation to .� approve a variance at 1720 Donovan Street, to allow a 4-foot high board on board cedar fence setback 5-feet from the Prestwick Street property line. July 19, 2004 Page 8 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. .� Voting Nay: None. Absent: None. Motion carried. REQUEST FOR BLOCK PARTY, SPECIAL EVENT LIQUOR LICENSE, AND WAIVER OF ALL ASSOCIATED FEES — POLISH LEGION OF AMERICAN VETERANS, 1304 PARK STREET City Administrator Maxeiner informed Council that the City has received a request from the Polish Legion of American Veterans, located at 1304 N. Park Street, regarding its Annual Block Party on Sunday, August 1, 2004 from 2:00 p.m. to 6:00 p.m. The Legion has requested that Park Street be closed between Elm Street and Pearl Street from 12:00 p.m. to 6:00 p.m. to facilitate the event. The Legion has also requested a Special Event Liquor License to sell beer from a beer truck that would be located on the Legion property and requests that the $25.00 fee be waived. Live entertainment would be provided by a deejay set up on Park Street. City Administrator Maxeiner noted that last year Council granted approval of the Legion's request with the following conditions: • The beer wagon is to be stationed on Legion property; • Regular Legion staff would monitor the consumption and legal drinking ,-- age of all patrons; • Wristbands would be required to be worn by persons of legal drinking age; • Live entertainment authorized to perform outside from 2:00 p.m. to 6:00 p.m. only • Closure of a portion of Park Street between Elm Street and Pearl Street is permitted from 12:00 p.m. to 6:00 p.m. • The Legion must contact the Public Works Department, Street Division at 815-363-2186 to arrange placement of street barricades. City Administrator Maxeiner stated that Chief of Police O'Meara has indicated there has been no problem in the past with this event. Motion by Bolger, seconded by Condon, to accept Staffs recommendation to approve a request from the Polish Legion of American Veterans to host a Block Party with live entertainment, to grant a Special Event Liquor License, on August 1, 2004 from 12:00 p.m. to 6:00 p.m., and to waive the $25.00 fee for the Liquor License, subject to the following conditions. • The beer wagon shall be stationed on Legion property; • Regular Legion staff shall monitor the consumption and legal drinking age -" of all patrons; • Wristbands shall be required to be worn by persons of legal drinking age; • Live entertainment is authorized to perform outside from 2:00 p.m. to 6:00 July 19, 2004 Page 9 p.m. only; • Closure of a portion of Park Street is permitted between Elm Street and Pearl Street from 12:00 p.m. to 6:00 p.m. • The Legion shall contact the Public Works Department, Street Division at 815-363-2186 to arrange for placement of street barricades. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. LICENSE AGREEMENT ALLOWING USE OF UNIMPROVED WASHINGTON STREET RIGHT-OF-WAY FOR DRIVEWAY ACCESS, 1602 NORTH RIVERSIDE DRIVE Director Napolitano requested the discussion regarding this matter be tabled pending the arrival of Dr. Hult, who is expected at approximately 8:00 p.m. It was the consensus of Council to table the discussion pending Dr. Hult's arrival. REQUEST FOR VARIANCE TO ALLOW SECOND DRIVEWAY — STEVE SCHEMMEL, 1618 NORTH RIVERSIDE DRIVE Director Napolitano informed Council that Steve Schemmel, owner of the property located at 1618 N. Riverside Drive, is requesting approval of a second driveway onto Riverside Drive from.his property. Mr. Schemmel has indicated the property previously had two curb cuts, but when the Riverside Drive repaving project was completed, he received only one curb cut. Because the property is a two-flat, legal, non-conforming use in the RS-4 District, he needs both driveways to accommodate parking demands at the site. Director Napolitano noted the request for the second driveway is precipitated by the fact that Mr. Schemmel was recently cited by the Community Development Department for parking on an unapproved gravel surface. The City's driveway regulations allow two curb cuts onto a street, but only if there is a minimum of 100 feet of street frontage and there is at least 50 feet of separation between the two driveways. Mr. Schemmel's lot has 66 feet of street frontage and there would be approximately 30 feet between the two driveways. Staff suggested that by paving the second driveway as proposed, the driveway would be brought into compliance with respect to surfacing. If Council approves the variance for the second curb cut, the driveway in its entirety would be legal. Staff recommends the second curb cut be approved. However, if the use of the property ever reverts to a single-family home, the second curb cut should be removed. Director Napolitano, responding to Alderman Condon's inquiry, stated removal of the second driveway and curb cut would be the responsibility of the property owner. -�, Responding to an inquiry by Alderman Peterson, Director Napolitano assured Council that no sight line issues existed. July 19, 2004 Page 10 Motion by Condon, seconded by Bolger, to accept Staffs recommendation to approve a second curb cut for the property located at 1618 N. Riverside Drive, with the understanding that if the use of the property ever reverts to a single-family home, the second curb cut would be removed at the expense of the property owner. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. REQUEST FOR VARIANCE FROM SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE — PACINI GROUP LLC NORTHWEST CORNER OF INTERSECTION BULL VALLEY ROADIILLINOIS ROUTE 31 Director Napolitano informed Council that for the past two years the Pacini Group has been working with the U.S. Army Corps of Engineers to address wetland issues on their 120-acre parcel located at the northwest corner of Bull Valley Road and Illinois Route 31. Following several design changes required by the Corps, Pacini has finally satisfied the Corps requirements and received a permit to fill and mitigate wetlands on the property. Director Napolitano stated, during the process of applying for a site development permit from the City of McHenry, it was discovered that a variance from the City's Subdivision Control .and Development Ordinance is required to complete the work in accordance with the permit issued by the Corps. He explained that the variance is for the design of the proposed detention basin. The plan approved by the Corps proposes a 2:1 slope for a horizontal distance of 10 feet from the area one foot above the normal water elevation, and 4:1 side slope above this elevation. Director Napolitano stated the slope of the proposed detention pond is steeper than what is normally required by the City code. The City Engineer has reviewed the proposed design and recommends approval, as the design is commonly used and easily maintained. Due to the extent of the wetlands on the site, and the fact that the wetlands would be mitigated on-site rather than off-site, the applicant is limited in terms of the amount of land available for the detention. Therefore, the steeper slopes are necessary. Director Napolitano noted that native vegetation would be planted so maintenance of the site would be minimal. Director Napolitano stated the City has long been interested in development of this major property in the City. He noted addressing the wetland areas to the satisfaction of the Army Corps is the first step in readying the property for development. Alderman Condon opined it appears the applicant has been diligent in complying with all requirements of the Army Corps of Engineers. Alderman Bolger stated he supports development of the parcel of property. City Administrator Maxeiner pointed out that with the proposed site work, there would again be a need to re-align the recorded right-of-way for Ridgeview and Dartmoor July 19, 2004 Page 11 Drives that run through the property. He reiterated that Council approved the realignment to the current configuration in 1999, following a Public Hearing and adoption of an ordinance. City Administrator Maxeiner explained this same process would have to be followed to change the right-of-way configuration. He noted, should Council approve this variance, a Public Hearing would be scheduled to consider the vacation and re-recording of the right-of-way into the new configuration. Motion by Condon, seconded by Murgatroyd, to accept Staffs recommendation to approve a variance from the Subdivision Control and Development Ordinance Technical Specifications Manual T-4.7, Storm water Runoff Storage (Detention) Basin Design, for the property located at the northwest corner of Bull Valley Road and Illinois Route 31. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. LIBERTY TRAILS SUBDIVISION UNIT II FINAL PLAT Director Napolitano informed Council that the Diedrich Farm Property was annexed to the City in July 2000, zoned RS-2, Medium Density Single-Family Residential, and approved for the development of 191 single-family homes. Director Napolitano stated the Final Plat for Unit II is in substantial conformance with the previously approved Preliminary Plat. The only exception from the Preliminary Plat is there is no access to Chapel Hill Road, except for emergency purposes. As a result, some of the lots have been slightly reconfigured at the eastern edge of the property to accommodate this change. Director Napolitano stated the McHenry County Highway Department has approved the emergency access point. Unit II can be accessed from Lincoln Road through Unit I, or from the future extension of Hillside Lane, through the recently approved Lincoln Hills Subdivision. Director Napolitano informed Council that the Fire District has reviewed the Final Plat and provided no comments. All engineering issues have been addressed. He stated that the Planning and Zoning Commission unanimously recommended approval of the Final Plat of Subdivision for Liberty Trails Unit II, subject to the condition that the Final Plat be recorded within six months of Council approval. Alderman Glab stated he could not support a walking easement that might impact a property owner. He opined if someone were injured, there is a potential for litigation. A brief discussion ensued. Alderman Condon, disagreeing with Alderman,Glab, opined the walking easement is an asset to the subdivision and the community. Motion by Wimmer, seconded by Bolger, to accept the unanimous recommendation L of the Planning and Zoning Commission to approve the Final Plat of Subdivision for Liberty Trails Unit 11, as prepared by Howard Surveying dated 9/12/03 and bearing a latest revision date of 5/25/04, subject to the condition that the Final Plat be recorded within six July 19, 2004 Page 12 months of the date of approval by Council. Voting Aye: Bolger, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: Glab. Absent: None. Motion carried. ENGINEERING SERVICES AGREEMENT FOR DESIGN OF WATER TREATMENT PLANT NO. 2 FLOOD PROOFING — BAXTER &WOODMAN INC Director of Public Works Marcinko informed Council that during an unannounced site visit from the Illinois Environmental Protection Agency (IEPA) it was noted that Water Treatment Plant No. 2 and Well Nos. 5 and 6, located at 1401 Beach Road, might have been constructed within the floodway. Director Marcinko noted in 1978, when Water Treatment Plant No. 2 and Well Nos..5 and 6 were constructed, the Federal Emergency Management Agency (FEMA) had not yet formally established the base flood elevation. Following the information received from the IEPA, Staff had a topographical survey performed to determine the elevation of the well building. It was confirmed that the finished floor elevation of the well building is at 759.57e, or 4.43 feet below elevation requirements. City Engineer, Baxter & Woodman, has submitted an Engineering Services Agreement determining the most cost-effective solution and design of needed improvements to bring the water treatment plant and its wells into compliance with current IEPA regulations. Director Marcinko noted the project was included in the 2004/2005 budget, in the amount of$125,000, under the Utility Improvement Fund. Motion by Bolger, seconded by Wimmer, to accept Staffs recommendation to approve an Engineering Services Agreement with Baxter & Woodman for evaluation and design of Water Treatment Plant No. 2 flood proofing, in an amount not-to-exceed $14,500.00. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. YEAR 2004-2005 MCHENRY COUNTY MUNICIPAL RISK MANAGEMENT AGENCY (MCMRMA) RENEWAL Assistant Administrator Lockerby informed Council that the City has been a member of the McHenry County Municipal Risk Management Agency (MCMRMA) insurance pool since its inception in 1988. MCMRMA consists of eight public entities and provides risk financing mechanisms for funding workers compensation, casualty, property and liability losses, in addition to providing loss prevention and claim administration services. Assistant Administrator Lockerby stated that the City of McHenry's portion of the 2004/2005 renewal increased $43,915, or 7.9%, from last year. This is due primarily to the July 19, 2004 Page 13 continued trend of rising costs in the insurance market. He noted the Plan is fully funded at this level, eliminating the possibility of a future assessment from the Pool. a Motion by Murgatroyd, seconded by Bolger, to accept Staffs recommendation to approve payment to the McHenry County Municipal Risk Management Agency, in the amount of $601,166, divided into two payments of $300,583 each, due in July 2004 and October 2004, for the year 2004/2005 insurance renewal year. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. DISCUSSION REGARDING THE LICENSE AGREEMENT ALLOWING USE OF UNIMPROVED WASHINGTON STREET RIGHT-OF-WAY FOR _DRIVEWAY ACCESS, 1602 NORTH RIVERSIDE DRIVE Mayor Low acknowledged Dr. Hult's arrival stating Council would return to Item No. 10 on the Agenda and proceed with discussion. Director Napolitano informed Council a letter was received from Dr. Frederick Hult, owner of the vacant property located at 1602 North Riverside Drive. Dr. Hult proposes constructing a home on the property and is requesting permission from the City to use the unimproved right-of-way of Washington Street, east of Riverside Drive, for a driveway to the new home. Dr. Hult would also like to extend the seawall from his property, south across the unimproved Washington Street right-of-way, to connect with the property to the south. Director Napolitano noted installation of a seawall would stop the erosion occurring on the Washington Street right-of-way. Director Napolitano indicated both the Community Development Department and the Public Works Department have reviewed the request and have limited concerns that can be addressed through the proposed License Agreement. He noted the right-of-way is currently used as open space and is maintained by the City, opining it is unlikely the right- of-way would ever be used for roadway purposes. Should another utility crossing of the river ever be needed, having a driveway over the right-of-way poses no unique problems. Director Napolitano stated the property presently provides a route for stone water drainage coming from Washington Street. Dr. Hult has agreed to work with the City in the design of the driveway and improvements to ensure that the existing drainage patterns are unaffected. Mr. Robert Schemmel, a resident of 1512 N. Riverside Drive, stood in the audience and objected to the driveway access. Mayor Low explained to Mr. Schemmel that tonight's meeting is not a Public Hearing and that the matter is before Council for approval or denial. Mayor Low stated a Council meeting is not an appropriate forum for public �., comment. City Attorney Shepley suggested to Council that approval of the License Agreement July 19, 2004 Page 14 should be made subject to the City Attorney's review and approval of the terms of the Agreement. Addressing concerns of Council, City Attorney Shepley stated the License Agreement is personal to the current property owner and the City could terminate the lease with sufficient notice to the property owner should the City need the property at some date in the future. Responding to Alderman Bolger's inquiry, Dr. Hult indicated the driveway would be approximately 18 to 20 feet in width to conform to a two-car garage configuration. Attorney Shepley, responding to a comment by Alderman Glab regarding the difficulty: presented to a future Council in vacating the License Agreement, stated the Agreement contains a provision regarding revocation and no burden would be borne by the City. Alderman Murgatroyd suggested selling the property as excess property, which would provide a long term solution as opposed to the License Agreement. Mayor Low recognized Robert Schemmel, a resident at 1512 N. Riverside Drive. Mr. Schemmel stated there are a number of vehicular accidents at the comer and a driveway on the property would increase risks to residents in the area. He strongly opposes construction of a driveway at the site. Motion by Wimmer, seconded by Murgatroyd, to accept Staffs recommendation to approve a License Agreement for permission to use a portion of the unimproved City right- of-way for driveway access to the property located at 1602 N. Riverside Drive and construction of a seawall, within 12-months of approval of the License Agreement by Council, subject to review and approval of the terms by the City Attorney and Staffs review of drainage issues. A lengthy discussion ensued. Alderman Wimmer suggested the discussion be tabled pending further research by Staff. Dr. Hult informed Council he was under some time constraints regarding construction of the seawall. He stated he favored resolution of the matter tonight. Alderman Wimmer withdrew his motion, Alderman Murgatroyd agreed to withdraw the motion. MAYOR—STATEMENT AND REPORT Mayor Low commended the Police Department, Public Works personnel and Parks and Recreation personnel on their efforts during the Fiesta Day festivities currently underway. --- COMMITTEE REPORTS Alderman Condon informed Council that the annual McHenry Area Youth Commission Golf Outing, sponsored by the Committee At Large (CAL), is taking place on July 19, 2004 Page 15 August 4, 2004. —' Alderman Murgatroyd requested a Finance and Personnel Committee meeting be scheduled on Monday, August 16, 2004 at 6:30 p.m. in the Aldermen's Conference Room. STAFF REPORTS City Administrator Maxeiner informed Council that Director of Parks and Recreation Merkel was absent from tonight's Council meeting due to Fiesta Day responsibilities. City Administrator Maxeiner requested Council convene an Executive Session to discuss a Personnel matter. FUTURE AGENDA ITEMS Responding to Alderman Bolger's inquiry, City Administrator Maxeiner stated that the topic of McHenry Commons would be coming before Council again shortly. EXECUTIVE SESSION: PERSONNEL Motion by Bolger, seconded by Wimmer, to go into Executive Session to discuss Personnel at 8:56 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 9:02 p.m. Motion by Bolger, seconded by Wimmer, to go back into Open Session at 9:06 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 9:06 p.m. ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 9:06 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The Meeting was adjoumed at 9:06 p.m. MAYOR C CLE K