The URL can be used to link to this page

Home My WebLink AboutMinutes - 01/07/2005 - City Council REGULAR MEETING JANUARY 17, 2005 The Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, January 17, 2005 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, Low, Murgatroyd, Wimmer and Condon. Absent: Peterson. City Staff in attendance were: City Administrator Maxeiner, City Clerk Jones, City Attorney McArdle, Chief of Police O'Meara, Director of Public Works Marcinko, Director of Finance Kline, Director of Community Development Napolitano, Director of Parks and Recreation Merkel, City Administrator Assistant Martin; Community Relations Management Assistant Hobson. Absent: None. MAYOR'S WELCOME Mayor Low welcomed Assistant to the City Administrator Doug Martin and Management Assistant for Community Relations Bill Hobson to the administrative team. PRESENTATION: CERTIFICATES OF ACHIEVEMENT FOR"SUPPORT OUR TROOPS" PROJECT Mayor Low recognized the following City employees and local businesses for their dedication and patriotism exhibited in the collection efforts to provide needed personal items to support the troops in Iraq. • Tina Conaway, Parks and Recreation Department • Debbie Glick, Finance Department • Tish Gurrie, Finance Department • Tim Harris, Administration • Bill Hobson, Administration • Judy Lanphier, Police Department • Pattie Lunkenheimer, Parks and Recreation Department • Joan Lunsmann, Police Department • Chris Newman, Community Development • Kathy Quick, Parks and Recreation Department • First National Bank • Salon Te Elie Ce • Culvers Restaurant • Drs. Carol and Kevin Wegrzyn • Bjorkman's Ace Hardware • Friends of the Library. Special mention was given to Christine Newman in the Community Development Department for coordinating the collection efforts and Management Assistant for Community Relations Hobson for organizing and mailing the boxes. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak at the Ten Minute Public Input Session. PUBLIC HEARING: AMENDMENT TO INLAND BUSINESS PARK ANNEXATION AGREEMENT: ZONING MAP AMENDMENT AND VARIANCES — PATRIOT ESTATES DEVELOPMENT Mayor Low suggested the following change in format to Council and the developer, January l Y, 2005 Page 2 Cunat, Inc., in order that the parties in attendance regarding other topics on the Agenda would not be required to stay unless they were so inclined: • Opening the Public Hearing • Developer's presentation • Audience comments • Close of hearing • Proceed with the remainder of the agenda • Return to Council for discussion It was the consensus of Council to modify the format, as suggested by Mayor Low. Mayor Low opened the Public Hearing to consider an amendment to the Inland Business Park Annexation Agreement; Zoning Map Amendment from BP, Business Park to RS-3, Medium High Density Single-Family Residential and RM-2, High-Density Multi- Family Residential; and Variances for Lot Width and to allow Multiple Buildings on Platted Zoning Lots to allow a 404 Unit Age-Restricted development on the subject property at 7:36 p.m. Mr. Brian Cunat, of Cunat, Inc., addressed Council. Mr. Cunat stated the developer is seeking Council's approval of an amendment to the Inland Business Park Annexation Agreement, approval of the Concept Plan and approval of a Developer's Agreement. Mr. Cunat informed Council that the Plan is for a 404-unit age-restricted community on the former Inland Business Park property, south of Holy Apostles Church. The Plan calls for a mix of single-family detached dwelling units, two-unit single-family attached dwelling units, and townhome dwelling units. Mr. Cunat stated he is confident that Patriot Estates would be a good project for the City, addressing the needs of residents as they age. Mr. Cunat introduced Mr. Christopher Zock, Vice-President of Operations for Cunat Inc. Mr. Zock noted in an effort to address the concerns expressed by Council at the Committee of the Whole Meeting held on September 27, 2004, and concerns expressed by the Planning and Zoning Commission at a hearing held on November 18, 2004, the following alterations have been made to the Patriot Estates Concept Plan by the developer: • Lot sizes were increased for the single-family detached portion, from 9,000 s.f. to 10,890 s.f., RS-2 zoning; • Overall density was reduced from 410 dwellings to 404 dwelling units; • Buffering was increased around the perimeter of the site; • Width of private roadways was increased for townhome portion, from 22 feet to 28 feet, pursuant to the City's Subdivision Development and Control Ordinance, allowing for more on-street parking; _ • Private roadways have been distinguished from public roadways; • The land donation to the Church of Holy Apostles has been reduced from 15.7 acres to 14.2 acres; • The number of 5-unit townhome units has been reduced to 3; and January 17, 2005 Page 3 • Plans have been drawn for a 6.5 mile walking trail. Mr. Zock summarized the construction concept and noted the developer has addressed the traffic concerns expressed by Council, referring to a Traffic Impact Study prepared for Cunat, Inc. by James J. Benes and Associates, Inc., dated October 18, 2004. Mayor Low opened the floor to comments from the public sector. Father Robert Sherry of Church of Holy Apostles, as spokesman for the Church and parishioners of Holy Apostles, indicated support for the project and the change in zoning from business park to residential. Mr. Don Gattone, a resident of the City of McHenry and parishioner at the Church of Holy Apostles opined his support of the Concept Plan. Motion by Murgatroyd, seconded by Condon, to close the Public Hearing at 7:56 p.M. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. The Public Hearing was closed at 7:56 p.m. Mayor Low announced Council discussion would proceed following Item 13 on the Agenda, Agreement with Northern Illinois Police Crime Laboratory. CONSENT AGENDA City Administrator Maxeiner noted a typographical error regarding Item E, Recommendation to purchase a Street Division Pick-up Truck through the State Bid Purchase Plan in the amount of $28,805 and approval of installation of specialized equipment by R.A. Adams Enterprises, Inc., in the amount no-to-exceed $4,560.05 for a total expenditure of $30,365.05. City Administrator Maxeiner stated the correct price for the Street Division Pick-up Truck is $25,805. Motion by Murgatroyd, seconded by Bolger, to approve the Consent Agenda as amended: A. Ordinance establishing Backup Special Service Area for Evergreen Park Subdivision; B. Request for Temporary Signs and Waiver of all associated fees for Riverwood School PTO Annual Spring Fling Craft Fair; C. Request to advertise for bids for the expansion of the South Wastewater Treatment Plant; D. Request to advertise for bids: Municipal Landscape Services Contract; E. Recommendation to purchase Public Works Street Division Pickup Truck through State Bid Purchase Plan and approval of the installation of specialized 'L equipment by RA Adams Enterprises; F. Purchase Police Evidence Tracking Software from Porter Lee Corporation; G. City Council Minutes: January 17, 2005 Page 4 a. August 30, 2004 regularly scheduled meeting; b. September 8, 2004 regularly scheduled meeting; H. City Council Committee of the Whole Minutes: a. September 13, 2004 Meeting; I. List of As-Needed: GENERAL FUND AFLAC 1,576.11 FIRST MIDWEST BANK 349.55 FITZPATRICK, LAURA 219.20 FOP UNITS I/II 1,699.50 HOME DEPOT/GECF 424.50 IACE 70.00 ILLINOIS DEPARTMENT OF P 730.00 ILLINOIS STATE POLICE 132.00 MCHENRY FORTEITURE FUNDS 259.02 MCPOA 719.90 NATIONAL GUARDIAN LIFE I 123.83 NCPERS GROUP LIFE INS. 279.00 POSTMASTER MCHENRY IL 1,968.50 RIVERSIDE GALLERY 981.64 SAM'S CLUB 235.27 UNITED PARCEL SERVICE 89.10 UNITED STATES LIFE INSUR 2,062.80 UNITED WAY OF MCHENRY CO 90.00 WALMART COMMUNITY BRC 269.78 DEBT SERVICE-1997A FUND HOME STATE BANK 44,487.50 CAPITAL IMPROVEMENTS FUND FEDERAL SIGNAL CORPORATI 25,455.00 MCHENRY COUNTY TREASURER 3,500.00 WATER/SEWER FUND UNITED STATES LIFE INSUR 324.00 GRAND TOTALS 86,046.20 FUND TOTALS GENERAL FUND 12,279.70 DEBT SERVICE-1997A FUND 44,487.50 CAPITAL IMPROVEMENTS FUND 28,955.00 WATER/SEWER FUND 324.00 TOTALS 86,046.20 J. List of Bills: ACE HARDWARE, BJORKMAN'S 1,969.24 ADAMS ENTERPRISES INC, R 542.54 ADAMS STEEL SERVICE INC 120.70 ADVANTAGE REAL ESTATE 30.00 ALCOPRO DRUG & ALCHOL TE 61.50 ALDRIDGE ELECTRIC INC 206.50 ALEXANDER EQUIPMENT COMP 41,487.45 ALEXANDER LUMBER CO 428.39 AMERICAN WATER WORKS ASS 140.00 APWA 122.00 ARAMARK WORK APPAREL & U 275.93 ASSURED FLOW SALES INC 1,800.56 B AND H INDUSTRIES 125.52 B&W CONTROL SYSTEMS INTE 19,026.75 BAKES, DEBBIE 90.00 BARNES DISTRIBUTION 1,934.86 BAXTER & WOODMAN 44,808.27 BELOHLAVY, DOLORES 247.00 BERGGREN, LOREN W 323.00 BONCOSKY OIL COMPANY 16,716.22 r BONNELL INDUSTRIES INC 6,110.00 BOTTS WELDING & TRUCK SE 62.50 BOYSEN CO INC, HENRY 123.70 BRADY & ASSOCIATES, PHIL 4,279.00 BRANIFF COMM INC 682.50 January 17, 2005 Page 5 BRAUN, KATHY 113.00 BUILDING & FIRE CODE ACA 320.00 BULLVALLEY COLLISION 1,485.02 BUSS FORD SALES 276.59 BYKOWSKI, RON 7,174.50 CAPITAL GAINS INCORPORAT 4,206.80 CARQUEST AUTO PART STORE 892.75 CDW GOVERNMENT INC 1,994.95 CENTEGRA OCCUPATIONAL ME 159.00 CHAPEL HILL FLORIST INC 41.00 CHARPIE CONSTRUCITON COM 24,693.00 CHICAGO COMMUNICATION SE 2,036.00 CINGULAR WIRELESS 14.12 CINTAS CORPORATION 0355 763.14 CKW ARCHITECTS 32.80 COLUMBIA PIPE & SUPPLY C 874.50 COMED 51,223.46 COMMUNICATIONS REVOLVING 425.25 CRESCENT ELECTRIC SUPPLY 48.30 CRYSTAL MANOR STABLE 75.00 CURRAN CONTRACTING COMPA 1,681.18 CVS SYSTEMS INC 1,634.00 D K CONTRACTORS INC 14,893.49 D'ANGELO NATURAL SPRING 35.50 DEL'S ELECTRIC SERVICE I 340.00 DELL 7,306.82 DIER, DONNA 30.00 DOCUMENT IMAGING DIMENSI 1,775.00 DOWNTOWN BUSINESS ASSN 1,350.00 DUNNE, JOHN 54.28 ED'S RENTAL & SALES INC 100.00 ESSENTIALS SALON & DAY S 30.00 FAST EDDIES CAR WASH 12.95 FBI NAA 40.00 FEDEX 18.82 FISCHER BROS FRESH 2,572.70 FLESCH COMPANY INC, GORD 127.34 FOXCROFT MEADOWS INC 123.76 FREUND EQUIPMENT INC 159.80 G IMPRESSIONS INC 184.00 GITZKE, WILLIAM 731.50 GLUTH BROS CONSTRUCTION 15,024.00 GRAPHIC IMAGINATION INC 180.57 HACH COMPANY 536.90 HAGG PRESS INC 4,961.18 HARDWARE SERVICE CO 215.43 HARRIS, JILL 242.06 HARRIS, TIMOTHY 106.00 NESTER, GENE 53.24 ILLINOIS DEPT OF NATURAL 54.00 ILLINOIS MUNICIPAL LEAGU 1,296.00 INDUSTRIAL/ORGANIZATIONA 949.80 J G UNIFORMS INC 355.00 JEWEL FOOD STORES 96.06 JOHNSON, DAWN 251.12 JULIE INC 217.55 JUST FOR FUN ROLLER RINK 90.00 KALE UNIFORMS INC 408.50 KIRCHNER FIRE 224.75 KRASUCKI, LUCELLE 244.00 KROHN LAWN & LANDSCAPE 3,343.54 KRUMMET, BILL 488.00 LAMBERT, FRAN 26.70 LANG PONTIAC-CADILLAC-SU 102.70 LASALLE BANK 684.83 LEACH ENTERPRISES INC 72.45 LEE & RAY ELECTRIC 90.00 LETN PRIMEDIA WORKPLACE 776.00 LOCKER'S FLOWERS 82.00 LORCHEM TECHNOLOGIES INC 46.04 MAD SCIENCE OF MCHENRY C 756.00 MAJESTIC SALES 112.57 MCANDREWS PC, THE LAW OF 6,800.00 MCCANN INDUSTRIES INC 94.78 MCHENRY ANALYTICAL WATER 338.00 MCHENRY COMMUNITY HIGH S 12,564.00 MCHENRY COMMUNITY SCHOOL 17,811.00 January 17, 2005 Page 6 MCHENRY COUNTY CHIEFS OF 36.00 r� MCHENRY COUNTY COLLEGE 203.00 MCHENRY COUNTY GLASS & 676.00 MCHENRY COUNTY SUPPLY IN 1,100.15 MCHENRY FIRESTONE 1,014.17 MCHENRY NAPA 3,560.82 MCHENRY POLICE PENSION F 17,548.02 MCHENRY PUBLIC LIBRARY 1,052.00 MEYER MATERIAL COMPANY 241.45 MID AMERICAN WATER OF WA 1,882.40 MIDCO 558.58 MINUTEMAN PRESS OF MCH 4,511.46 MOBILE OFFICE DESIGNS IN 238.14 MTS SAFETY PRODUCTS INC 178.70 MUNIMETRIX SYSTEMS CORP 95.00 NATIONAL ALLIANCE FOR YO 37.75 NATIONAL PUBLIC EMPLOYER 450.00 NATIONAL WATERWORKS 460.80 NCL OF WISCONSIN INC 347.44 NEWMAN, CHRISTINE 141.96 NICOR GAS 5,031.35 NORTH AMERICAN SALT CO 7,931.64 NORTH SUBURBAN WATER 60.00 NORTHWEST AUTO ELECTRIC 165.00 NORTHWEST ELECTRICAL SUP 2,497.83 NORTHWEST FIRE EXTINGUIS 36.00 NORTHWEST HERALD 210.60 NWBOCA 75.00 OCCUPATIONAL FOOTWEAR CO 145.22 OFFICE DEPOT INC 369.08 OFFICEMAX - A BOISE COMP 228.71 ORR & ASSOCIATES, KATHLE 120.00 PACE 6,717.10 PETERSEN SAND & GRAVEL 245.66 PITNEY BOWES INC 25.24 PLAYHUT INC 5.00 PRECISION SERVICE & PART 121.15 PROSAFETY INC 275.13 QUILL CORPORATION 750.40 R & S DISTRIBUTORS INC 468.60 RADIOSHACK CORPORATION 6.38 RESERVE ACCOUNT 1,500.00 RIDGEVIEW ELECTRIC INC 103.00 RIVERSIDE BAKE SHOP 98.20 RIZIO, PEGGY 100.00 ROC CONSTRUCTION SUPPLY 133.40 ROSENBERG, GERHARD 104.44 SANTO SPORT STORE 1,800.00 SAVAGE RANGE SYSTEMS INC 640.00 SBC 5,381.76 SCHATZ, DON 585.00 SEARS 29.85 SECRETARY OF STATE/INDEX 10.00 SETTLERS HILL RDF 11,140.05 SHERMAN MECHANICAL INC 1,738.79 SMITH ENGINEERING CONSUL 90,484.08 SORENSEN, JENNIFER 30.00 SPORTSMANS CHOICE 100.00 SSMG 90.00 STAN'S FINANCIAL SERVICE 278.00 STANS OFFICE TECHNOLOGIE 1,255.30 STEINER ELECTRIC COMPANY 364.00 SUMMERS PORTABLE TOILETS 69.00 TARGET STORES 20.00 TERMINAL SUPPLY CO 90.92 THOMPSON ELEVATOR INSPEC 3,420.00 TRAFFIC CONTROL & PROTEC 754.20 USA BLUEBOOK 738.67 USFILTER/MEMCOR-WTC 2,390.00 VERMONT SYSTEMS INC 2,874.00 VIKING CHEMICAL COMPANY 3,825.80 VOA ASSOCIATES INC 15,813.89 + WATER SOLUTIONS UNLIMITE 2,860.00 WEBROOT SOFTWARE INC 3,116.00 WEGNER, WILLIAM 50.00 WHOLESALE DIRECT INC 168.71 WIRCH, STEVE 69.19 January 17, 2005 Page 7 WITT, CINDY 19.16 ZEP MANUFACTURING COMPAN 254.93 ZMT INC 521.00 GRAND TOTALS 554,299.49 EXPENDED LIQUID ACCRUAL FUND TOTALS GENERAL FUND 217,161.94 ANNEXATION FUND 31,427.00 MOTOR FUEL TAX FUND 7,931.64 DEVELOPER DONATION FUND 18,585.36 TIF FUND 23,368.39 CAPITAL IMPROVEMENTS FUND 83,082.64 WATER/SEWER FUND 78,776.34 UTILITY IMPROVEMENTS FUND 49,581.14 EMPLOYEE INSURANCE FUND 76.00 RISK MANAGEMENT FUND 1,748.59 INFORMATION TECHNOLOGY FUND 17,932.94 RETAINED PERSONNEL ESCROW 19,735.88 POLICE PENSION FUND 4,891.63 TOTAL 554,299.49 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. MCHENRY AREA CHAMBER OF COMMERCE YEAR 2005 FIESTA DAYS SCHEDULE Management Assistant for Community Relations Bill Hobson informed Council the 57'h Annual Fiesta Days would be held beginning on July 15 and ending on July 24, 2005. He stated the Fiesta Days Committee has developed a schedule of events for the upcoming year and requests consideration by Council of the event schedule. Mr. Hobson stated the McHenry Area Chamber of Commerce is requesting a waiver of all park rental fees. Additionally, as in the past, the Chamber is requesting the services of Parks and Recreation, Public Works and Police personnel during the event. Mr. Hobson introduced Ms. Kay Bates, President and Chief Executive Officer of the McHenry Area Chamber of Commerce. Ms. Bates outlined the following schedule for the Fiesta Days 2005 events: Friday.July 15 Saturday.July 16tp Sunday.July 17 Monday,July I If 5pm—11 pm 2pm—11 pm 12noon—11 pm 5pm—8pm Music Fest Weekend Music Fest Weekend Music Fest Weekend Big Wheels Race Big Band Night Entertainment TBA Entertainment TBA Teen Night Entertainment TBA Volleyball Tournament Volleyball Tournament Skinners Amusement Rides Skinners Amusement Rides Skinners Amusement Rides Skinners Amusement Rides Petersen Park Plywood Boat Challenge Car Show 9am-2pm Petersen Park Petersen Park Petersen Park Beer/Wine Service Beer/Wine Service Beer/Wine Service Wednesday.July 20d' Thursday.July 21" Friday,July V d Saturday.July 23`d 3pm—8pm 6pm—9:30pm 3pm—8pm Sidewalk Sales Canine Carnival Concert in the Park IQd's Ice Cream Social Arts&Crafts in the Park Petersen Park Parade Marshal Reception IGd's Entertainment 9:30am—4pm Veterans Park Parade Marshal Ceremony Veterans Park Antique Boat Show Entertainment City Band 10am—3pm Joey Ts Veterans Park Faith Night �, 4pm—10pm Petersen Park January 17, 2005 Page 8 Sunday,July 24h 11 am—6pm Jaycees Dinner Parade—1:30pm(Route:Main St to Green St to Pearl St to Riverside Dr to Washington St) McHenry Area Idol Contest Vers Park Gazebo After Parade 3pm—5:30pm Veterans;Park Motion by Condon, seconded by Bolger, to accept Staffs recommendation to approve the 2005 Fiesta Days Schedule as follows: Friday.July 15"' Saturday.July 16° Sunday.July 17r` Monday.July 18"' 5pm—11 pm 2pm—11 pm 12noon—11 pm 5pm—8pm Music Fest Weekend Music Fest Weekend Music Fast Weekend Big Wheels Race Big Band Night Entertainment TBA Entertainment TBA Teen Night Entertainment TBA Volleyball Tournament Volleyball Tournament Skinners Amusement Rides Skinners Amusement Rides Skinners Amusement Rides Skinners Amusement Rides Petersen Park Plywood Boat Challenge Car Show 9am-2pm Petersen Park Petersen Park Petersen Park Beer/Wine Service Beer/Wine Service Beer;A&Iine Service Wednesday.July2dh Thursday.July 21" Friday.July 22nd Saturday,July 23"d 3pm—8pm 6pm—9:30pm 3pm—8pm Sidewalk Sales Canine Carnival Concert in the Park l9d's Ice Cream Social Arts&Crafts in the Park Petersen Park Parade Marshal Reception IGd's Entertainment 9:30am—4prn Veterans Park Parade Marshal Ceremony Veterans Park Antique Boat Show Entertainment City Band 10am—3pm Joey T's Veterans Park Faith Night 4pm—10pm Petersen Park Sunday,July 24h 11 am—6pm Jaycees Dinner Parade—1:30pm(Route:Main St to Green St to Pearl St to Riverside Dr to Washington St) McHenry Area Idol Contest Vera Park Gazebo After Parade 3pm—5:30pm Veterans Park Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. Mayor Low requested the Fiesta Day Committee work with Director of Parks and Recreation Merkel and Staff to coordinate needs of the Committee during the event. MCHENRY AREA CHAMBER OF COMMERCE YEAR 2005 FIESTA DAYS SPECIAL EVENT LIQUOR LICENSE Ms. Kay Bates, President and Chief Executive Officer of the McHenry Area Chamber of Commerce, addressed Council, stating the Chamber is requesting a Special Event Liquor License and waiver of all associated fees to serve beer and wine at Petersen Park and Veterans Memorial Park during the 57th Annual Fiesta Days event on the following dates: Petersen Park: , July 15 5:00 p.m. to 11:00 p.m. July 16 2:00 p.m. to 11:00 p.m. July 17 12:00 p.m. to 8:00 p.m. January 17, 2005 Page 9 Veterans Memorial Park: July 21 6:00 p.m. to 9:30 p.m. Ms. Bates informed Council that the Chamber has completed and submitted the required information and obtained Liquor Liability Insurance. Ms. Bates noted that, as always, every effort would be made to assure underage visitors would not be served alcoholic beverages by requiring I.D. Wristbands. Motion by Condon, seconded by Wimmer, to accept Staffs recommendation to grant a Special Events Liquor License to the McHenry Area Chamber of Commerce for the 57th Annual Fiesta Days Event, on the following dates, and waiver of all associated fees. Petersen Park: July 15 5:00 p.m. to 11:00 p.m. July 16 2:00 p.m. to 11:00 p.m. July 17 12:00 p.m. to 8:00 p.m. Veterans Memorial Park: July 21 6:00 p.m. to 9:30 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Condon. Voting Nay: None. �-. Absent: Peterson. Motion carried. REQUEST FOR FENCE VARIANCE—2027 KENNEDY DRIVE Director of Community Development Napolitano informed Council a letter was received from Kevin and Kim Hauber, residents of 2027 Kennedy Drive. Director Napolitano stated the applicants are requesting a variance to allow the installation of a 5- foot high, cedar board-on-board fence along their Riverside Drive property line. He stated the Hauber's have a wedge-shaped lot that has a small amount of frontage, 14.28 feet, on Riverside Drive. The yard adjacent to Riverside Drive is the back of the Hauber's lot. Director Napolitano noted the City's fence regulations state that a fence abutting a street right-of-way must be setback 30 feet from the right-of-way line. Director Napolitano indicated that Staff has no concerns with the request. The variance would allow the applicants to enclose a greater portion of their yard. Permitting the fence, as proposed, is considered appropriate by Staff and consistent with previous variances granted for properties abutting busier roads. Motion by Wimmer, seconded by Bolger, to accept Staffs recommendation to approve a variance to allow a 5-foot cedar board-on-board fence along the Riverside Drive property line of the property located at 2027 Kennedy Drive. January 17, 2005 Page 10 Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. REQUEST FOR CONDITIONAL USE PERMIT—4312 WEST ELM STREET Director Napolitano informed Council that applicant, Bio-Medical Applications of Illinois, Inc., is requesting a Conditional Use Permit to allow the operation of a kidney dialysis clinic at 4312 West Elm Street, which is a tenant space in the McHenry Market Place Shopping Center. Director Napolitano stated the space is approximately 7,500 square feet. Should Council approve the Conditional Use Permit, the tenant intends to renovate the space to facilitate a full service dialysis clinic. The area will include patient waiting/reception areas, exam rooms, 12 dialysis stations and office and meeting space. Director Napolitano noted the applicant is required to obtain approval from the Illinois Health Facilities Planning Board to operate the facility. Staff noted that, while it is less desirable to have uses in a retail center that do not generate sales tax, the dialysis clinic would provide a vital service to the residents of the community. Additionally, the clinic would provide employment and a consistent flow of patients who may patronize nearby businesses. There would be no environmental nuisance created from the proposed use and the clinic would fit in harmoniously with the adjacent properties. Staff has no concerns with the request. Director Napolitano stated the Planning and Zoning Commission unanimously recommended approval at a Public Hearing held on December 16, 2004. Attorney Mark Saladin, representing the applicant, stated the facility is self- contained and would be an asset to the community. Alderman Condon opined her support of the clinic./ Motion by Murgatroyd, seconded by Condon, to accept the unanimous recommendation of the Planning and Zoning Commission to approve an ordinance granting a Conditional Use Permit to allow the operation of a renal-care/dialysis clinic at 4312 West Elm Street. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. REQUEST FOR CONDITIONAL USE PERMIT—4611 WEST ELM STREET Director Napolitano informed Council the property located at 4611 West Elm Street was purchased by William Walsh for his American Upholstery Company. Mr. Walsh is seeking a conditional use permit to allow the outdoor storage of cars, trucks and job related items, together with the outdoor sale of pontoon trailers on his property Director Napolitano stated the applicant provides custom upholstery and refinishing January 17, 2005 Page 11 services for furniture, automobiles, boats and other accessories. Outdoor storage is a vital component of the business since boats and automobiles are typically dropped off and _. worked on over the course of one or more days. In addition to the outdoor storage, Applicant is also requesting approval to allow the outdoor display and sale of pontoon boat trailers. Staff recognizes the importance of outdoor storage for this use and has no concerns. Director Napolitano stated the Planning and Zoning Commission at a Public Hearing held on December 2, 2004 unanimously recommended approval of the request. Staff concurs with the Planning and Zoning Commission and recommends approval subject to the following conditions: A. Outdoor Storage • Outdoor storage shall be limited to the area indicated on the Plat of Survey; • Only cars, boats and other job-related items shall be stored outside; • A gate, similar in style to the existing fence, shall be installed prior to May 1, 2005; • The entire outdoor storage area shall be paved by May 1, 2005; • The storage area gate shall be kept closed at all times, except when being accessed; and • In order to monitor the use, the Conditional Use Permit shall expire one year from the date of approval by Council. Following the initial one-year period, the applicant shall appear before Council for a one-year extension, or longer, as determined by Council. B. Outdoor Display and Sales • Outdoor sales area shall be limited to the area indicated on the Plat of Survey; • No more than five (5) pontoon boat trailers shall be displayed at any one time; • Only pontoon boat trailers shall be displayed; • The outdoor display area shall be paved; • The outdoor display area shall be screened on three sides (east, south and west) with fencing or evergreen landscaping; o A transparent style fence, other than chain link, with a gate shall be placed along the north side; o Fencing and landscaping shall be installed by May 1, 2005; • Delivery of the pontoon trailers shall be at off times, i.e., late at night or early in the morning; • In order to monitor the use, the Conditional Use Permit shall expire one year from the date of approval by Council. Following the initial one-year period Applicant shall appear before Council for a one-year extension, or longer, as determined by Council. Alderman Condon expressed concern that the site would not be maintained properly. Motion by Murgatroyd, seconded by Glab, to accept the Planning and Zoning Commission's recommendation and to direct Staff to prepare an ordinance granting a '�- Conditional Use Permit to allow the outdoor storage of cars, trucks and job-related items and outdoor sales of pontoon trailers on the property located at 4611 West Elm Street January 17, 2005 Page 12 subject to the following conditions: A. Outdoor Storage • Outdoor storage shall be limited to the area indicated on the Plat of Survey; • Only cars, boats and other job-related items shall be stored outside; • A gate, similar in style to the existing fence, shall be installed prior to May 1, 2005; • The entire outdoor storage area shall be paved by May 1, 2005; • The storage area gate shall be kept closed at all times, except when being accessed; and • The Conditional Use Permit shall expire one year from the date of approval by Council. Following the initial one-year period the applicant shall appear before Council for an extension as determined by Council. B. Outdoor Display and Sales • Outdoor sales area shall be limited to the area indicated on the Plat of Survey; • No more than five (5) pontoon boat trailers shall be displayed at any one time; • Only pontoon boat trailers shall be displayed; • The outdoor display area shall be paved; • The outdoor display area shall be screened on three sides (east, south and west) with fencing or evergreen landscaping; o A transparent style fence, other than chain link, with a gate shall be placed along the north side; o Fencing and landscaping shall be installed by May 1, 2005; • Delivery of the pontoon trailers shall be at off times, i.e., late at night or early in the morning; • The use, the Conditional Use Permit shall expire one year from the date of approval by Council. Following the initial one-year period the applicant shall appear before Council for an extension as determined by Council. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. AGREEMENT WITH NORTHERN ILLINOIS POLICE CRIME LABORATORY Chief of Police O'Meara informed Council that in May of 2004 the Council approved the request of the Police Department for continued membership in the Northern Illinois Police Crime Lab (NIPCL), a multi jurisdictional laboratory available to member departments for crime scene and evidence processing. It was determined that NIPCL offered a quicker turnaround on evidence processing than the Illinois State Police lab, and is equipped to handle all major investigations for its members. Chief O'Meara stated the current annual membership fee is $25,000. Chief O'Meara noted NIPCL is relocating to a new site. NIPCL is requesting member departments contribute to a facility fund to provide for the lease, maintenance, ' repair and/or improvements to the new building. The City of McHenry's commitment is set at $3,000 annually, or $15,000 for the five-year agreement. Essentially, this represents an January 17, 2005 Page 13 increase in the cost of membership since NIPCL's overhead has increased. Chief O'Meara stated that payment is required by May 10, 2005, however the request is being _.._ brought forward now to facilitate a commitment to NIPCL. Staff recommends approval of the request in order to maintain the high level of service provided by the lab and to continue to ensure the availability of the lab for future needs. It was noted approval of the request signifies a five-year commitment to the NIPCL. Chief O'Meara indicated that all member departments are contributing an equal amount. Motion by Bolger, seconded by Wimmer, to accept Staffs recommendation to approve an agreement with the Northern Illinois Police Crime Laboratory for the City of McHenry's participation in the Facilities Fund, at a cost of $3,000 per year, or $15,000 for the five-year period. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. RESUMED DISCUSSION REGARDING AMENDMENT TO INLAND BUSINESS PARK ANNEXATION AGREEMENT: ZONING MAP AMENDMENT AND VARIANCES — PATRIOT ESTATES DEVELOPMENT Alderman Glab expressed concern regarding the following: Density of the project; • Construction of senior housing near the railroad tracks; Private roadways; Would like to see more variety on fascia; Questions the legality of modifying the Annexation Agreement. Opined that any amendment to the Annexation Agreement should be discussed with Inland, since the Annexation Agreement was initiated with Inland, rather than Cunat, Inc., the purchasers of the property. City Attorney McArdle stated Alderman Glab's concern regarding the Annexation Agreement can be researched, however the Cunats are the parties who would be signing any documents since they are the owners of record of the property. City Attorney McArdle addressed Council's modification of the Real Estate Amendment Clause on page 21 of the original Annexation Agreement. Alderman Bolger stated it appears to be a viable plan, however he opined concerns regarding the location of residences so close to the railroad tracks and the private roadways in the development. Mr. Cunat, responding the Aldermen Glab and Bolger's concerns regarding the private roadways stated the decision to have private roads was based upon the following rationale: . The private roads could post speed limits of 5 m.p.h.; The private roads could be closed often for activities within the project; The private roads would be covered by a special taxing district; and January 17, 2005 Page 14 • The private roads blend in with a senior citizen community concept plan. Responding to Alderman Murgatroyd's inquiry regarding whether any other communities have addressed deed restrictions, Mr. Saladin stated deed restrictions are one of many compliances addressed by the Fair Housing Act. Responding to Alderman Murgatroyd's inquiry regarding the build-out, Mr. Brian Cunat stated 3 to 5 years is likely for the buildout. Alderman Murgatroyd opined he supports Staffs recommendations regarding the project. Responding to Mr. Cunat's inquiry regarding lot size, City Attorney McArdle stated a text amendment to repeal the moratorium on RS-3 zoning, to permit 9,000 square foot lots, would be coming before Council in early February. Alderman Wimmer expressed concerns regarding ingress and egress from the property. Alderman Condon stated she generally supports the project; however, she opined the following concerns: • The impact on vehicular traffic on Crystal Lake Road, particularly during construction; • Vehicular traffic using the Church of Holy Apostles parking lot for a shortcut through to Bull Valley Road; • Expressed a preference for 9,000 square foot lots; • Off street parking issues; • Resident housing close to the railroad tracks; and • Concerns with maintenance of the private roads. Mayor Low stated that speaking as the Alderman for Ward 3, she appreciates the efforts the developer has made to accommodate the Planning and Zoning Commission and Council's comments and concerns. She indicated support of the project and overall concept, but prefers the smaller 9,000 square foot lot size. A lengthy discussion ensued regarding the open space, the number of units per acre, and an access road for emergency purposes during the construction phase of the project. Alderman Murgatroyd stated he prefers the smaller lot size and expressed concern regarding the projected build-out. It was the consensus of Council to support the recommendations of the Planning and Zoning Commission regarding the Zoning Map Amendment from BP Business Park f District to RS-3 Medium High Density Single Family Residential District and RM-2 High Density Multi-Family Residential District and their recommended approval of Variances for lot width, multiple buildings on each platted zoning lot for 207 townhomes in 50 buildings, January 17, 2005 Page 15 and any other variances required to allow the development, as set forth in the Concept _ Plan, subject to the following conditions: _ 1. The subject property must be developed in substantial conformance with the Concept Plan prepared by Teska, dated October 15, 2004 and bearing the latest revision date of November 29, 2004; 2. The applicant must enter into a Development Agreement with the City in order to address issues, including but not limited to, road improvements, contributions for a traffic signal at Bull Valley Road and the proposed collector roadway, architectural controls and age restrictions; and 3. A deed restriction must be recorded against each property within the proposed development regarding the age restriction limiting ownership to those 55 years of age and older. Additionally, there was consensus among Council regarding the Concept Plan, with some modification, and the smaller, 9,000 square foot lot size. MAYOR- STATEMENT AND REPORT Mayor Low reminded Council of the joint meeting on Character Counts scheduled on January 24, 2005. COMMITTEE REPORTS Chairman Alderman Murgatroyd informed Council a Finance and Personnel Committee meeting is scheduled on Monday, January 31, 2005 at 6:30 p.m. in the �- Aldermen's Conference Room. DEPARTMENT HEAD REPORTS There were no department head reports. FUTURE AGENDA ITEMS Alderman Glab requested an update from Staff on the status of erection of a stop sign on Hay Street. Alderman Bolger opined that Metra be approached regarding paving of the Buss Ford parking lot. Additionally, he suggested Metra should provide better commuter service to the residents of McHenry. EXECUTIVE SESSION: PROPERTY ACQUISITION Motion by Bolger, seconded by Wimmer, to go into Executive Session to discuss Property Acquisition at 9:44 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. L Council went into Executive Session at 9:52 p.m. January 17, 2005 Page 16 Motion by Condon, seconded by Wimmer, to go back into Open Session at 10:02 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. Council went back into Open Session at 10.02 p.m. ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 10:03 p.m. Voting Aye: Bolger, Glab, Low, Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. The Meeting was adjourned at 10.03 p.m. MAYOR CITY E