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Home My WebLink AboutMinutes - 08/14/2006 - City Council REGULAR MEETING AUGUST 14, 2006 A Regular Meeting of the McHenry City Council was called to order by Mayor Low at 7:30 P.M. on Monday, August 14,. 2006 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Santi, Glab, Schaefer, Murgatroyd, Wimmer and Condon. Absent: Peterson. City Staff in attendance were: City Administrator Maxeiner, City Attorney McArdle, Chief of Police O'Meara, Deputy Clerk Kunzer, Assistant Administrator Martin, Assistant Director of Public Works Fink, Director of Community Development Napolitano, Director of Parks and Recreation Merkel, Director of Finance Black, Management Assistant for Community.Relations Hobson. Absent: Director of Public Works Marcinko, City Clerk Jones. TEN MINUTE PUBLIC INPUT SESSION Pam Gough of 3615 Freund Avenue addressed Council regarding the Oakridge Properties development at the northeast comer of the intersection of Route 31 and Pearl Street. Ms. Gough stated she has lived in the area all of her life and opined the proposed- commercial strip center is not a good fit. She noted the area's children, school, and church would be endangered by the construction of such a development. She cautioned Council regarding the approval of this development, noting commercial development is better placed north on Route 31. CONSENT AGENDA Motion by Wimmer, seconded by Schaefer, to approve the Consent Agenda as presented: A. Approve agreement for lease of Main Street Metra Commuter Lot - Union Pacific Railroad; B. Approve Picnic Permits; C. Approve City Council Minutes: July 31, 2006 regularly scheduled meeting; D. Approve List of Bills: A:-ABLE ALARM SERVICE INC 82.25 ACCURINT FOR LAW ENFORCE 75.00 ACE HARDWARE, BJORKMAN'S 2,580.44 ADAMS ENTERPRISES INC, R 238.27 ADAMS OUTDOOR POWER EQUI 98.25 ADAMS STEEL SERVICE INC 2,994.00 ADAMS, JOHN 210.00 ADVANTAGE EAP 5,889.00 AFLAC 2,230.96 ALEXANDER CHEMICAL CORP 2,830.42 ALEXANDER EQUIPMENT COMP 326.93 ALEXANDER. LUMBER CO 148.09 AMERICAN WATER WORKS ASS 45.50 ANDERSON TREE SERVICE IN 1,666.00 AQUAPREP 7,425.00 ARAMARK WORK APPAREL & U 458.69 AT&T 5,361.39 B&W CONTROL SYSTEMS INTE 8,404.62 BASTIAN, THOMAS P 1,095.00 BAXTER & WOODMAN 55,671.73 BENEDETTI, EUNICE 32.00 BENTZ, DON 109.00 BERGGREN, LEE 415.00 BEST WAY 24 HOUR TOWING 50.00 BIRK, JOHN 37.49 BONCOSKY OIL COMPANY 27,772.40 August 14, 2006 .Page 2 BONESTROO DEVERY & ASSOC 1,642.50 BOTTS WELDING & TRUCK SE 46.00 �. BREMER, CURTIS H 400.00 BRIGHT INSIGHT COMPUTER 125.00 BROGAN, WILLIAM J 92.40 BUILDING & FIRE CODE ACA 265.00 BULL VALLEY BP 27.00 BURTON, ALAN 46.00 BUSS FORD SALES 362.56 BUTLER, .JENNIFER 32.00 CARLSON & SONS 30.00 CARQUEST AUTO PARTS STOR 876.72 CB&I CONSTRUCTORS INC 45,132.12. CDW GOVERNMENT INC 3,799.16 CELESKI, CATHY 210.00 CENTEGRA OCCUPATIONAL ME 767.00 CHAPEL HILL FLORIST INC 83.00 CHEMICAL PUMP SALES AND 214.40 CHICAGO INTERNATIONAL TR 249.86 CID NET SOFTWARE INC 2,000.00 CINTAS CORPORATION #355 867.68 CLIFFORD-WALD 99.59 CLOWNING AROUND ENTERTAI 272.87 COMED 53,269.32 COMMUNICATIONS REVOLVING 115.00 CONNEY SAFETY PRODUCTS 20.95 CONSER•V FS 396.12 COPS TESTING SERVICE INC 1,880.00 CRESCENT ELECTRIC SUPPLY 104.26 CUNNEFF, KATHY 83.00 CURRAN CONTRACTING COMPA 1,761.23 D'ANGELO NATURAL SPRING 50.75 D'S MARINE SERVICE INC 2,983.39 DELISI, PHIL 72.00 DELL MARKETING LP 1,549.74 DELLO BASKETBALL SCHOOL 3,060.00 DENNISON CORPORATION 19,318.00 DILLON, JOHN 276.00 DISCOUNT SCHOOL SUPPLY 76.31 DON'S TOWING 875.00 DREISILKER ELECTRIC MOTO 1,287.74 DURA WAX COMPANY INC, TH 25.70 ED.'S RENTAL & SALES INC 577.50 EISERMAN, JERRY 60.49 EJ EQUIPMENT 590.04 FALCON ASSOCIATES INC 45.00 FAMILY TAILOR SHOP 32.00 FAST EDDIES CAR WASH 97.95 FISCHER BROS FRESH 2,867.50 FLESCH COMPANY INC, GORD 143.95 FOTO FAST 7.25 FOXCROFT MEADOWS INC 741.52 FRANKLIN, JAMES B 288.00 FREELOVE, JULIE 72.00 FREUND, ROBERT L 625.00 ' FRIEDLE, JEFFFREY M 80.44 G IMPRESSIONS INC 512.55 GALLS INCORPORATED 372.92 GIBSON GOOD TOOLS INC 107..15 GILLETTE PARADE PRODUCTS 600.00 GITZKE, WILLIAM 415.00 GOLD MEDAL PRODUCTS 2,277.96 GREAT LAKES FIRE & SAFET 376.80 GREENSTREET, KATHY 15.00 GROWER EQUIPMENT & SUPPL 638.52 GURRIE, LETITIA 186.20 HACH COMPANY 281.80 HALOGEN SUPPLY COMPANY 2,368.10 HANSEN'S ALIGNMENT, DON 65.00 HARRIS, TIMOTHY 347.18 HAYDEN LANDSCAPING & MAI 10,600.00 HERITAGE-CRYSTAL CLEAN 145.43 HETTERMANN, KATHLEEN 179.65 HEY AND ASSOCIATES INC 1,060.75 ILLINOIS DEPARTMENT OF P 35.00 ILLINOIS FBI NA 40.00 ILLINOIS GFOA 225.00 August 14, 2006 Page 3 ILLINOIS MUNICIPAL LEAGU 20.00 IMAGE MASTER 1,418.75 INDUSTRIAL/ORGANIZATIONA 261.00 r IPELRA 525.00 IPMA-HR 315.00 IPRA 345.00 JENSEN, LAURIE 55.00 JEWEL/OSCO 30.0A JIVE TURKEY TECH CENTER 30.00 JP MORGAN TRUST COMPANY 225.00 JULIE INC 452.50 JUSKE, TED 24.50 KALE UNIFORMS INC 1,987.30 KAY PARK-REC CORP 1,832.00 KENO & SONS CONSTRUCTION 175,815.00 KIMBALL MIDWEST 505.38 KIRCHNER FIRE 49.50 KONIECZNY, KRISTEN 51.00 KRANZ, ANNE 67.00 KTD INC 141.49 LAKESIDE PEST CONTROL SE 91.00 LAMZ, TRISTA 18.82 LANDMARKS PRESERVATION 40.00 LANG PONTIAC-CADILLAC-SU 836..30 LAVIGNE, SHIRLEY 13.23 LEACH ENTERPRISES INC 71.85 LEONARDI'S FOOD SPECIALT 2,806.50 LEWYCKYJ, RUTH ANN 42.00 LOCKER'S FLOWERS 89.60 LUMBER, ROBERT 1,805.44 LYND, KATHLEE�l 45.00 MAIRE, LISA 1,500.00 MARTENSON, LYNN G 36.19 MARYS FLOWERS & GIFTS 41.00 MCANDREWS PC, THE LAW OF 6,800.00 MCCANN INDUSTRIES INC 5,508.02 MCCARTHY, SUSAN 95.00 MCCARTHY, THOMAS M 1,076.20 _ MCHENRY ANALYTICAL WATER 1,381.00 MCHENRY AREA YOUTH COMM 6,000.00 MCHENRY COMMUNITY HIGH S 6,487.00 MCHENRY COMMUNITY SCHOOL 9,568.50 MCHENRY COUNTY COLLECTOR 22,570.05 MCHENRY COUNTY GLASS & M 120.66 MCHENRY COUNTY SUPPLY IN 1,322.28 MCHENRY FAVORITE SPORT C 18.42 MCHENRY NAPA 1,177.46 .MCHENRY PRINTING SERVICE 766.25 MCHENRY PUBLIC LIBRARY 521.00 MCHENRY SCHOOLS TRANSPOR 1,880.67 MCHENRY SPECIALTIES 383.00 MCHENRY TOWNSHIP FIRE PR 144.00 MEADE ELECTRIC COMPANY I 104.28 MEIJER STORE 30.00 MELROSE PYROTECHNICS INC 20,000.00 MENARDS - CRYSTAL LAKE 591.94 MEYER JR, DONALD 480.00 MEYER MATERIAL COMPANY 727.45 MID AMERICAN WATER OF WA 4,216.80 MIDCO 218.75 MIDWEST METER INC 3,663.90 MINUTEMAN PRESS OF MCH 2,074.71 MOBILE OF£ICE,DESIGNS IN 3,440.74 MOORE, KEVIN 122.50 MOOTE, JAKE 60.00 MORALES, OMAR 233.36 MOTOROLA 1,254.00 MUNICIPAL CLERKS OF 70.00 MUNICIPAL WELL & PUMP CO 4,243.90 MUNIMETRIX SYSTEMS CORP 2,670.00 MURDOCK SUPER SECUR 1,878.81 NATIONAL ARBOR DAY 15.00 NATIONAL WATERWORKS 679.00 NCL OF WISCONSIN INC 826.24 NET SPECIALISTS INC 302.46 NEXTEL COMMUNICATIONS 2,332.53 NICOR GAS 551.91 August 14, 2006 Page 4 NOOTENS, LYDIA 15.00 NORTH EAST MULTI-REGIONA 1,500.00 1� . NORTH SUBURBAN WATER 30.00 NORTHERN BALANCE & SCALE 2,499.20 NORTHERN ILLINOIS MEDICA 414.25 NORTHERN TOOL & EQUIPMEN 219.46 NORTHERN VMS LLC 1,060.00 NORTHWEST ELECTRICAL SUP 99.60 NORTHWEST HERALD 210.60 NORTHWEST NEWS GROUP OF 1,722.75 NWBOCA 45.00 OCCUPATIONAL FOOTWEAR CO 110.00 OFFICE DEPOT INC 256.61 OHLIN SALES INC 107.42 ORIENTAL TRADING CO INC 139.90 PACE 20,225.86 PAPA JOHNS PIZZA 166.00 PAPA SAVERIOS 180.97 PAYLINE WEST INC 247.68 PECHOUS, ROGER 370.86 PEPSI-COLA GENL BOT 2,869.85 PICA, STEPHANIE 50.00 PITNEY BOWES INC 265.00 PRECISION SERVICE & PART 1,263.96, PRECISION SHARPENING 86.60 PRO PLAYER CONSULTANTS I 1,080.00 QUILL CORPORATION 149.99 QUINLAN PUBLISHING CO IN 147.00 R & S DISTRIBUTORS INC 519.60 RADICOM INC 348.69 RADIOSHACK CORPORATION 79.99 RAYCRAFT-PITEL SEPTIC IN 2,275.00 REGNER, WILLIAM J 58.56 RESERVE ACCOUNT 1,500.00 RICCI, DONNA 54,45 RINGWOOD BP, 36.00 RIVERSIDE BAKE SHOP 36.42 ROC CONSTRUCTION SUPPLY 83.08 ROGERS, CHRISTINE 190.00 ROSS OF LINCOLN AV, BETS 1,224.00 ROTARY CLUB OF MCHENRY 378.78 ROTH, CORKI E 1,754.92 ROWE, HERBERT W 825.00 S&S WORLDWIDE INC 723.47 SACCHITELLO, MICHELLE 50.00 SBC LONG DISTANCE 44.88 SCHATZ, DONALD L 390.00 SCHOOL SPECIALTY INC 311.52 SCHWEITZER, BRIAN H 150.00 SCHWINGBECK, R 20.00 SETTLERS HILL RDF 11,418.47 SEXTON, ERIC M 41.98 SHAMROCK SUBS 139.98 SHERMAN MECHANICAL INC 934.53 SHICK SCHOOL SUPPLY 124.06 SIMPLEX GRINNELL LP 5,146.08 SMITH ECOLOGICAL SYSTEMS 19,045.00 SMITH ENGINEERING CONSUL 264,665.79 SOLUTIONS WIRELESS 42.98 ST PAULS EPISCOPAL CHURC 453.75 STANS OFFICE TECHNOLOGIE 526.40 STAPLES BUSINESS ADVANTA 185.34 STERNBERG LANTERNS INC 2,020.08 TACHENY, AMY 10.00 TAMIS CORPORATION, THE 1,919.00 TATE-GEREBIZZA, SHIRLEY 30.00 TAYLOR STREET PIZZA 320.00 TECHDEPOT 5,729.12 TEMPLE DISPLAY LTD 7,777.24 THINK INK INC 577.94 THOMAS TRUCKING INC, KEN 690.00 THOMPSON ELEVATOR INSPEC 229.00 THREE D DESIGN STUDIO LL 792.59 TOBIN, TRACY 21.45 TRAFFIC CONTROL & PROTEC 1,785.43 TRANSCHICAGO TRUCK GROUP 43.84 TURF PROFESSIONALS EQUIP 111.24 August 14, 2006 Page 5 - ULANOWSKI, MARK 650.00 UNITED LABORATORIES 799.43 UNITED PARCEL SERVICE 16.00 UNRUH, BRETT 122.50 USA BLUEBOOK 327.52 VECCHIO, NANCY 250.00 VIKING CHEMICAL COMPANY 5,277.45 VILLAGE SQUIRE OF MCHENR 322.23 VLCEK, PEGGY 139.46 VOLO DYNE LLC 16,178.00 WATER SOLUTIONS UNLIMITE 2,860.00 WATER WORKS INC 100.00 WILLIAMS BROTHERS CONSTR 44,847.00 WILTBERGER, LIZ 145.00 WIRCH, STEVE 79.84 WIRTZ, PAT 73.50 WITT, CINDY 34.27 WOOD, HOLLY 211.68 YOUNG REMBRANDTS INC 180.00 ZARNOTH BRUSH WORKS INC 139.00 ZELLER, ELIZABETH 13.58 ZMT INC 690.81 ZUKOWSKI ROGERS FLOOD 6 7,069.15 ZURFLUH, JONNA 145.00 GRAND TOTALS 1,059,207.22 FUND TOTALS GENERAL FUND 286,973.07 PAGEANT FUND 3,353.15 ANNEXATION FUND 16,122.00 DEVELOPER DONATION FUND 3,732.15 TIF FUND 37,113.02 DEBT SERVICE-1997A FUND 225.00 CAPITAL IMPROVEMENTS FUND 15,466.29 WATER/SEWER FUND 194,039.17 UTILITY IMPROVEMENTS FUND 418,496.38 MARINA OPERATIONS FUND 2,983.39 RISK MANAGEMENT FUND 2,809.98 INFORMATION TECHNOLOGY FUND 11,060.83 RETAINED PERSONNEL ESCROW 66,832.79 TOTALS 1,059,207.22 Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. APPROVE REQUEST FOR TEMPORARY USE PERMIT FOR "BATTLE OF THE BANDS" FUNDRAISER—WALMART, 2019 NORTH RICHMOND ROAD Director of. Community Development Napolitano stated McHenry Wal-Mart is seeking permission for a temporary use to host a "Battle of the Bands' fundraising event on Friday, August 25, 2006. Director Napolitano stated the date has been moved back one week. Initially, the request was made for August 18, 2006. In the past, McHenry Wal-Mart has been one of the largest fundraisers for the Children's Miracle Network. Director Napolitano noted Staff has suggested the stage area be moved from the southwest comer of the building (facing the apartments along McCullom Lake Road) to the western side of the building (with the stage facing west) so noise pollution would not be an issue for residents in the apartment buildings. Wal-Mart has concurred. with Staffs suggestion. ti. Responding to Alderman Santi's inquiry, Director Napolitano stated Northtown Auto has been apprised of the proposed event. I August 14, 2006 Page 6 Alderman Glab opined even if the stage area is moved further to the west, the stage "~- might be directed to the south causing noise pollution for the apartment dwellers. He suggested the concert area be reduced in size. City Administrator Maxeiner clarified the stage would be turned so that it is facing west and should not impact the apartment building residents. Alderman Glab stated the stage should be set back behind the lane which runs in front of the building so as not to cause an onsite traffic flow problem. Responding to Alderman Schaefer's inquiry, Director Napolitano noted the speakers would be facing west. Director Napolitano also assured Alderman Schaefer Staff would work with Wal-Mart to assure the access between Northtown Auto and Wal-Mart is not blocked due to the event. Alderman Condon expressed concern that the bands would provide music which is appropriate to all ages, particularly as this is a public event out of doors. She requested information regarding the participating bands be provided to Council via the Friday Report. She opined the type of music and appropriate lyrics which could be enjoyed by all age groups is imperative as this is an out of doors event. Motion by Santi, seconded by Schaefer, to accept Staffs recommendation to approve the request for a temporary use permit for a °Battle of the Bands" fundraising . .event to be held on Friday, August 25, 2005 at the McHenry Wal-Mart located at 2019 North Richmond Road, subject to the following conditions: 1. the event shall be held on the west side of the building, behind the front building line; 2. the stage and speakers shall face west; 3. the McHenry County Department of Health shall approve the sale of food and beverages for the event; 4. Council shall be provided with and approve a list of bands which will perform at the function. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: Glab. Absent: Peterson. Motion carried. APPROVE ORDINANCE PROVIDING FOR THE ISSUANCE OF $2.995 MILLION IN GENERAL OBLIGATION (ALTERNATE REVENUE SOURCE) BONDS SERIES 2006 FOR THE PURPOSE OF CONSTRUCTING PHASE 1 MCHENRY RIVERWALK City Administrator Maxeiner introduced Daniel Forbes of Speer Financial who has been advising the City on the bond issue. City Administrator Maxeiner stated the City Council on July 10, 2006 approved an ordinance authorizing the issuance of General Obligation Bonds, Series 2006 in the amount of $2.995 million for the purpose of constructing the McHenry Riverwalk Phase 1. The bond opening was held today. August 14, 2006 Page 7 Mr. Forbes addressed Council stating the results of the bond opening were extremely favorable. Mr. Forbes noted nine bids were received and all were extremely competitive. Local banks were involved in conglomerates submitting bids. He noted the low bid was submitted by a Harris N.A. conglomerate with a true interest rate of 4.0684%. An ordinance providing for the issuance of the bonds reflecting the low bid true interest rate has been prepared and is provided to Council for consideration this evening. Mr. Forbes stated the debt service schedule should be covered by TIF funds. Alderman Murgatroyd requested clarification regarding why no year 2015 payment is indicated in the debt service payment schedule. Mr. Forbes responded year 2015 payment is actually combined with year 2016, although each year's payment would be made independently. City Administrator Maxeiner assured Council the plan is to have TIF repay the General Fund by 2014. It is not anticipated the bonds would be held until 2023 for final payment. City Administrator Maxeiner also noted last year's increment amount of$324,000 substantially exceeded all proposed debt service payments in the bond schedule. Motion by Murgatroyd, seconded by Condon, to accept the recommendation of Speer Financial Inc.to accept the bid submitted by Harris N.A. conglomerate for the issuance of$2.995 million in General Obligation (Alternative Revenue Source) Bonds with a true interest rate of 4.06840A, and to pass and approve an ordinance providing for the issuance of $2.995 million in General Obligation (Alternative Revenue Source) Bonds for --` the construction of Riverwalk Phase I. Voting Aye: Santi, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: Glab. Absent: Peterson. Motion carried. APPROVE REQUEST FOR VARIANCE FOR TEMPORARY ADVERTISING SIGN — PATRIOT ESTATES DEVELOPMENT Director Napolitano stated a request was received from Cunat Inc., developer of Patriot Estates Subdivision, seeking a variance to continue to use the existing sign board located at the southeast comer of the intersection of Bull Valley Road and Crystal Lake Road. The applicant intends to utilize the sign to kick off the start of the Patriot Estates development. Director Napolitano noted the sign is v-shaped with each leg of the "v" being 10' by 10', 100 sf in area. Director Napolitano stated the applicant is seeking a variance to approve the off-site advertising sign for a period of one year. Staff supports the request subject to the applicant obtaining Council approval to renew the sign permit on an annual. basis. Alderman Santi inquired if this would be the only sign at this intersection. Director Napolitano responded there is a Boone Creek Venture off-site advertising sign located on '`- the northwest comer of the intersection. Alderman Glab expressed his displeasure with the existing "v" sign. He noted it is r August 14, 2006 Page 8 an ugly sign which has been painted over and has never actually been issued a building '�- permit. He opined the sign structure is in danger of failing down. Alderman Glab suggested the size of the sign be reduced to match the Boone .Creek Venture advertising sign which is 8' by 8', 64 sf in area. He noted if the area of the sign is reduced he could support its approval. Alderman Schaefer inquired if the sign design had been submitted to Staff. He noted he is accustomed to seeing sign copy prior to approval. Director Napolitano suggested the variance could be approved subject to Staff approving sign copy when submitted. In response to Alderman Murgatroyd's inquiry, Director Napolitano stated the Boone Creek Venture Sign is 8' by 8' in size. Alderman Murgatroyd requested assurance that the proposed 10' by 10' sign would be repaired and maintained once approved. Alderman Condon expressed her support of Patriot.Estates Subdivision. She opined it will be good for the community. She concurred with Alderman Glab, and stated she would like the sign to be smaller. She expressed her appreciation that the decrepit sign is finally being repaired, but would prefer that it be reduced in size. Mayor Low stated there is a severe slope to the land, and, if the sign was reduced in size, it might not be noticed from the roadway. Alderman Santi suggested the applicant be requested to reduce the size of the sign so that it is 8' by 6, similar to the Boone Creek Venture sign. Brian Cunat of Cunat Inc. was in attendance and addressed Council regarding the requested sign variance. He concurred with Mayor Low, noting the slope of the land drops off dramatically. If the sign were reduced, it would not be visible from the `road. Mr. Cunat suggested Council approve the variance for the sign in its existing size for one year to assist the developers in creating interest in the new development. A lengthy discussion continued regarding the pros and cons of permitting the existing style and size of the sign. Alderman Glab opined the size of the sign is actually 200 sf as there are two sides in the Y shaped style, each one measuring 10' by 10'.-He opined the sign is obtrusive. Alderman Murgatroyd stated in light of the one year approval, and the stipulation the applicant must come back to Council for renewal in one year, Council would have the right to deny the extension of the variance at that time. Alderman Condon stated she is not concerned with the sign copy design, nor is _ traffic visibility due to the sign an issue. She stated she is not opposed to the "v' shaped sign structure. She suggested Council approve the sign °as ie for this year, and request reduction of the sign prior to seeking renewal next year. August 14, 2006 Page 9 Motion by Santi, seconded by Schaefer, to accept Staffs recommendation to approve a variance to allow a °v" shaped 10' by 10' off-site advertising sign for the Patriot Estates Subdivision to be located at the southeast corner of the intersection of Bull Valley Road and Crystal Lake Road for a period of one year until August 15, 2007, subject to the following: 1. the applicant shall obtain Council approval to renew the sign permit on an annual basis; 2. Staff approves sign copy upon submittal. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay. None. Absent: Peterson. Motion carried. APPROVE AMENDMENT TO MUNICIPAL CODE CHAPTER 4. SECTION 4-60) RELATING TO ALCOHOLIC BEVERAGES City Administrator Maxeiner reported the owner of Corkscrew Pointe on Riverside Drive, Deborah Macrito, has requested permission to serve wine at special onsite events. They currently have an F1 liquor license which allows for the sale of packaged alcoholic beverages for consumption off premises. Staff determined in order to accede to Ms. Macrito's request, a new category liquor license needs to be created which would allow onsite service of beer and wine, as well as the sale of packaged alcoholic beverages for consumption off premises. Staff is recommending approval of an ordinance amending the Municipal Code Chapter 4, Section 4-6(1) creating a Class Al liquor license. Motion by Condon, seconded by Schaefer, to accept Staffs recommendation to pass and approve an ordinance amending the Municipal Code Chapter 4, Section 4-6(1) creating a Class Al Liquor License. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon.. Voting Nay: None. Absent: Peterson. Motion carried. APPROVE REQUEST FOR TRANSFER OF CLASS F1 LIQUOR LICENSE TO CLASS Al — CORKSCREW POINTE INC. 1402 NORTH RIVERSIDE DRIVE: AND APPROVE ORDINANCE DECREASING THE NUMBER OF F1 LIQUOR LICENSES FROM FOUR TO THREE City Administrator Maxeiner noted now that the new category liquor license Al has been approved, Staff is suggesting approval of the request from Ms. Macrito to transfer her Class F1 Liquor License to Al, allowing for the onsite service of beer and wine as well as the sale of packaged alcoholic beverages. Ms. Macrito has paid the appropriate transfer ~-' fee. City Administrator Maxeiner stated once the transfer has been approved, Council August 14, 2006 Page 10 must approve an ordinance reducing the number of F1 liquor licenses from four to three. Alderman Santi wished confirmation that the transfer fee would be paid prior to issuance of the new license. City Administrator Maxeiner concurred. Motion by Santi, seconded by. Schaefer, to accept Staffs recommendation to approve the request for a liquor license transfer for Corkscrew Pointe Inc from F1 to Al for the facility located at 1402 North Riverside Drive; and to pass and approve an ordinance decreasing the number of F1 liquor licenses from four to three and increasing the number of Al liquor licenses from zero to one. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: None., Absent: Peterson. Motion carried. Mayor Low expressed her pleasure in the expansion of this business on Riverside Drive, noting this is the type of business which will be a tremendous asset and draw to the City's Riverwalk. KIMBALL HILL HOMES LEGEND LAKES SUBDMSION NEIGHBORHOOD 1: 1. APPROVE VARIANCE ALLOWING MULTIPLE BUILDINGS ON A ZONING LOT AND; 2. APPROVE FINAL PLAT OF SUBDMSION— Director Napolitano stated Kimball Hill Homes is requesting a variance to allow multiple buildings on a zoning lot. They are also seeking final plat approval of Legend Lakes Neighborhood 1. Director Napolitano noted the plat conforms to all provisions of the City's Subdivision Control and Development Ordinance. Road stubs have been provided at Staffs direction to the north, west and south. Director Napolitano noted the variance being sought is one that has been common to all townhome developments in the City. Director Napolitano noted the Planning and Zoning Commission at a Public Hearing held on May 18, 2006 unanimously recommended approval of the requested variance and proposed final plat. Staff also recommends approval. In attendance was Scott Viger of Kimball Hill Homes who agreed to respond to any questions or comments from Council Alderman Condon expressed concern with road radii which may be too tight to accommodate two-way traffic and/or parking on both sides of the road as occurred recently in Kresswood Trails townhome development.. Assistant Director of Public Works Fink stated Staff reviewed the radii of the roadway. Staff does not anticipate a need to restrict parking to one side of the street. In response to Alderman Glab's inquiry, Mr. Viger stated the wetlands on this .property are located at the southeastern portion of the property. Mr. Viger noted there are Poor soils and peat ground in the middle of the neighborhood, but there are no wetlands in the center of the neighborhood. Alderman Glab stated he does not approve of the sharp August 14, 2006 Page 11 curve at the entry to the neighborhood from its intersection at Curran Road. Director Napolitano responded the subdivision access at the Curran Road intersection with Draper Road was at Staffs direction. Responding to Alderman Glab's suggestion that the access road be extended to the east to provide a softer curve, Mr. Vigor stated poor soils, notably a 10' depth of peat ground, prohibited the softening of the access road curve. Mr. Viger opined the length of the entry roadway into the neighborhood would have a traffic calming effect. Alderman Glab suggested removal of the peat ground to accommodate the curve of the entry roadway being moved further east. He'stated if this causes the project to be more expensive, so be it. He noted the roadway is being constructed for many years to come and, it should be constructed correctly. Alderman Glab further noted the curve of the access roadway should not exceed a 900 angle. Alderman Schaefer expressed concern regarding the angle of the entry road curve and the radius of Clifton Court. He questioned whether emergency vehicles could navigate the tight angles. Assistant Director of Public Works Fink responded noting Staff believes this will not be an issue. Alderman Schaefer also questioned if drainage flow from the development would adversely impact the City Park to the southeast of this neighborhood. City Engineer Robert Wegener of Smith Engineering Consultants responded, noting the flow will drain into an existing drainage ditch. As dictated by the City's Subdivision Control and Development Ordinance, the applicant will not be permitted to release flow onto adjacent properties at a rate greater than is occurring at the present time. Alderman Murgatroyd inquired if the access roadway could be °Td' off and made into a stop sign. City Administrator Maxeiner responded noting the layout as depicted on the final plat was determined by Staff to be the only way this neighborhood could work due to poor soil constraints. Alderman Murgatroyd asked if snowplows would be able to navigate the tight radii in the subdivision. Assistant Director Fink responded in the affirmative. Responding to Alderman Murgatroyd's inquiry, Mr. Vger stated none of the units would have basements, mainly due to the existing poor soil conditions. Following up on this issue, Alderman Murgatroyd asked if the soil could support all of the proposed structures. Mr. Viger responded stating three of the proposed buildings have been relocated following soil borings and samples being taken. Alderman Murgatroyd expressed concern regarding drainage within the subdivision and wondered if it could impact the townhomes, even though none would have basements. He also questioned the landscape plan and asked if there would be trees and a berm along the lengthy access to the subdivision. Mr. Vigor responded stating the west side of the roadway would be bermed and heavily landscaped to prevent confusion from headlights for drivers along Curran Road, particularly where the access road runs parallel to Curran Road. Alderman Murgatroyd asked if the right-of-way stubs would be included for possible '�- connection to Boone Creek Subdivision. Director Napolitano stated a possible connection to Wedgewood Drive would be possible as allowance for a stub is being provided by the developer although its actual construction would not be done until such time as the August 14, 2006 Page 12 connection would be made. Alderman Murgatroyd opined. the access to the Levy Property Park through a residential subdivision is not practical. He opined direct access from arterial roadways would be preferable. Alderman Glab inquired as to the water table height in this area. Mr. Viger responded the water table is less than 10' but more than 5'-6'. Alderman Glab noted the detention areas were shown at 4'-6' below grade and expressed concern that they would retain water and actually be retention ponds. Mr. Viger stated the developer would follow advice of City engineers regarding detention/retention for the neighborhood. Following up on Alderman Glab's concerns regarding drainage issues, City Engineer Wegener stated the building pads show a raised ground elevation of 4' as well as the location of neighborhood water and sewer lines. Drainage from the development will not impact the City Park but will flow to the existing drainage ditch. Detention areas will be created utilizing a basin with wetland type plantings which would flourish in this type of environment. Some discussion occurred regarding the location of tree plantings along the roadway. Alderman Glab requested assurance the trees would not be planted in areas where they would ultimately have to be removed if and when the western bypass is constructed. Alderman Glab inquired if the applicant was seeking a setback variance as initially requested for this neighborhood of the development. Director Napolitano responded the applicant is no longer seeking a setback variance and will locate all buildings at least 30' from the front property line. Alderman Condon opined the plat before Council for consideration is not the best layout for this neighborhood. She requested assurance from. Staff this is the only alternative which will work for this number of units. City Administrator Maxeiner responded if the City insists upon the subdivision entry at the Draper Road intersection with Curran Road, the plan before Council this evening is the only one which will work. Other alternatives would be cost prohibitive for the developer. Alderman Glab insisted there must be a better way to provide access to the subdivision despite the poor soil conditions. City Administrator Maxeiner reaffirmed any extension of the access road to the east would be cost prohibitive for the developer due to the soil conditions present in this area. Alderman Glab stated he could not approve a subdivision with the entry having such a sharp curve. Motion by Wimmer, seconded by Condon, to accept the unanimous recommendation of the Planning and Zoning Commission to: 1. Pass an ordinance granting a variance to allow multiple buildings on a zoning lot; 2. Pass an ordinance approving the Legend Lakes Subdivision Neighborhood 1 Final ` Plat as prepared by JEN Land Design Inc dated 2/9/06 with a revision date of 7/11/06, subject to the condition the plat be recorded within six months of Council approval. August 14, 2006 Page 13 Voting Aye: Santi, Schaefer, Wimmer, Condon. Voting Nay: Glab, Murgatroyd. Absent: Peterson. Motion carried. APPROVE RECOMMENDATION TO FILE LEGAL OBJECTION TO PROPOSED ZONING MAP AMENDMENT, CONDITIONAL USE PERMIT AND VARIANCE — 2320 RINGWOOD ROAD IN UNINCORPORATED MCHENRY COUNTY Director Napolitano stated Staff attended a McHenry County zoning hearing regarding the property located at 2320 Ringwood Road which falls within the City's Comprehensive Plan boundary area. The proposed use for this property is for outside storage of various vehicles and equipment. As the property is shown as residential on the City's Comprehensive Plan, the proposed use does not conform to the City's intent for this area. Additionally, the use is not consistent with the County's land use plan which shows high density residential for this property. This matter will be voted on by the County on August 22, 2006. Staff is seeking direction from Council to authorize the Mayor's signature on a letter of objection regarding this zoning request.. Alderman Murgatroyd opined the proposed use is more intensive than desirable. The letter of objection is appropriate and necessary. Motion by Schaefer, seconded by Murgatroyd, to accept Staffs recommendation to authorize the Mayor's signature on a letter of objection for the proposed zoning amendment, conditional use permit and variation request.submitted by John and Victoria Potts for their property located at 2320 Ringwood Road. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon.. Voting Nay: None. Absent: Peterson. Motion carried. MAYOR— STATEMENT AND REPORT There was no Mayor Statement or Report. COMMITTEE REPORTS Community Development Committee Chairman Alderman Condon announced the Committee meeting previously scheduled for Tuesday, August 15, 2006 has been postponed to Tuesday, August 29, 2006. She asked all Committee members to check their calendar and advise City Administrator Maxeiner of their availability for the meeting. STAFF REPORTS There were no Staff Reports. FUTURE AGENDA ITEMS There were no Future Agenda Items discussed. August 14, 2006 Page 14 -L EXECUTIVE SESSION: PROPERTY ACQUISITION Motion by Wimmer, seconded by Condon, to adjourn to Executive Session to discuss Property Acquisition at 8:55 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent-, Peterson. Motion carried. Council went into Executive Session at 9:08 p.m. Motion by Wimmer, seconded by Santi, to go back into Open Session at 9:23 p.m. Voting Aye: Sand, Glab, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. Council went back into Open Session at 9:23 p.m. ADJOURNMENT Motion by Wimmer, seconded by Condon, to adjourn the meeting at 9:24 p.m. Voting Aye: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Condon. Voting Nay: None. Absent: Peterson. Motion carried. The Meeting was adjourned at 9:24 p.m. MAYOR DEPUTY CLERK