HomeMy WebLinkAboutMinutes - 12/11/1996 - City Council i
REGULAR MEETING
DECEMBER 11, 1996
The Regular Meeting of the McHenry City Council was called to order by Mayor
Steven Cuda on Wednesday, December 11 , 1996 at 7:30 P.M. in the Council
Chambers of the Municipal Center. At roll call the following Aldermen were present:
Bolger, Locke, Lawson, Baird. Bates arrived at 7:35 P.M. Absent: None. City Staff
in attendance were: City Clerk Althoff, City Administrator Jordan, City Attorney
McArdle, Chief of Police Joyce, Director of Parks and Recreation Merkel, Director of
Building and Zoning Lobaito. Absent: Director of Public Works Batt.
TEN MINUTE PUBLIC INPUT SESSION
No one signed in to speak during the Ten Minute Public Input Session.
McHENRY PLAZA, McCULLOM PLACE 11 - SALE OF SUBDIVIDED PROPERTY TO
ALDI'S
Lawrence Freeman, Attorney for Aetna Development Corporation and
Amalgamated Bank of Chicago was in attendance. At its regularly scheduled August
30, 1995 Council meeting, a zoning variance was granted to Aetna Development
Corporation allowing the construction of three buildings on one lot. It was Aetna
Development Corporation's stated intent to construct the buildings, maintain
ownership, and lease them to appropriate tenants. Subsequently, on October 29,
1996 Aetna Development Corporation conveyed a portion of the subdivision through
a metes and bounds description to Aldi's. Aldi's has stated their intent to apply for
`. a building permit to construct a building exactly as presented to the Plan Commission
and City Council at the time of final plat approval for the McCullom Place II
subdivision.
Alderman Bates arrived at 7:35 P.M.
Attorney Freeman apologized for the conveyance, stating his client was
unaware that such a conveyance required a re-subdivision and violated the terms and
� conditions of the granted variance. Director of Building and Zoning Lobaito informed
Council the applicable Subdivision Control Ordinance was created to prohibit the
development of lots without proper access. Director Lobaito further explained as a
cross-easement agreement exists among the City of McHenry, the developer, and
Aldi's, proper access was not a concern in this case. In response to Council inquiry,
Director of Building and Zoning Lobaito also noted the cross-easement agreement
cannot be amended or terminated without the permission and approval of the McHenry
City Council. Therefore, it was staff's recommendation to waive compliance to the
_ City of McHenry Subdivision Control Ordinance with regard to the conveyance of a
portion of the McHenry Plaza II/McCullom'Place II subdivision measuring 196.85 feet
X 285.16 feet, located at the southeast corner of the subdivision, to Aldi's, Inc. in
order for Aldi's to construct, own, and operate a 15,580 square foot building for use
as a grocery store.
Alderman Baird suggested in the future Council consider sending this type of
waiver request to the Plan Commission prior to Council action.
Motion by Baird, seconded by Lawson, to grant a waiver from the City of
McHenry Subdivision Control Ordinance requirement of re-subdivision procedures with
regard to the conveyance of a metes and bounds portion measuring 196.85 feet X
285.16 feet, located at the southeast corner of the McHenry Plaza II/McCullom Place
II subdivision to Aldi's, Inc. in order for Aldi's to construct, own, and operate a
15,580 square foot building for use as a grocery store, providing the construction of
the building is in conformance with the approved Final Plat of McCullom Place 11.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
December 11, 1996 Page 2
MASS BARN "REQUEST FOR PROPOSALS" FORM APPROVAL FOR THE MASS BARN
RENOVATION PROJECT
Mayor Cuda reminded Council that at its November 6, 1996 regularly scheduled .�
meeting, Council approved the Intergovernmental Agreement between the City of
McHenry and the Capital Development Board of the State of Illinois for the renovation
of the Mass Barn. At this time, staff was directed to develop a Request for Proposal
for the hiring of an architect and/or projects coordinator, as required by the
Intergovernmental Agreement. The Request for Proposal is before Council for review
and approval. In response to Alderman Baird's inquiry, staff noted the proposal will
identify the architectural firms' expected number of hours assigned to the project, the
average hourly compensation payable, as well as a total not-to-exceed figure for the
entire project. Some discussion followed regarding clarification of the phrase
"substantial compliance."
Motion by Lawson, seconded by Bolger, to authorize staff to advertise for
Request for Proposals on the Mass Barn renovation project in connection with the
grant award from the Illinois Capital Development Board.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
TRANSFER OF CLASS "A" LIQUOR LICENSE FROM PEKING PANDA TO HOUSE OF
GOURMET
Mayor Cuda reported a liquor license transfer request was received from Mr.
Henry Yon who intends to purchase the Peking Panda restaurant, located at 4621 W.
Elm Street, from its current owner Elaine M. Leang. Mr. Yon has submitted all the
appropriate paperwork and has paid the $250.00 transfer fee. Mr. Yon was
fingerprinted by the McHenry Police Department on Tuesday, December 3, 1996.
Mayor Cuda stated he had reviewed all the submitted paperwork and had met with
Mr. Yon. It was the Mayor's recommendation as Liquor Commissioner to approve the
transfer of Class "A-5" liquor license from Elaine Leang to Henry Yon, subject to the
receipt of satisfactory fingerprint results.
Motion by Bolger, seconded by Lawson, to approve the transfer of Class A-5
liquor license from Elaine Leang d/b/a Peking Panda Restaurant to Henry Yon for the
operation of House of Gourmet restaurant located at 4621 W. Elm Street, subject to
the receipt of satisfactory fingerprint results.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Alderman Baird noted Council had previously required additional landscaping
along Route 120 when Elaine Leang appeared before Council seeking a sign variance.
Alderman Baird requested Director of Building and Zoning Lobaito require the new
owner, Mr. Yon, to comply with the required landscaping improvements.
MAYOR - STATEMENT AND REPORTS
Mayor Cuda thanked the Loyal Order of Raccoons, Zion Lutheran Church, the
City of McHenry Parks Department, and the McHenry Area Jaycees for their
participation and efforts in the Third Annual City of McHenry/Chamber of Commerce
Christmas Tree Lighting ceremony conducted this past Sunday, December 8, 1996.
Mayor Cuda also informed Council that Mr. Edward Wilson of the Illinois
Department of Transportation has accepted the City of McHenry's invitation and will
be in attendance at the January 22, 1997 Public Works Committee Meeting. A copy
of City Administrator Jordan's confirmation letter will be provided in Friday's agenda
packet for Council review.
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December 11, 1996 Page 3
Mayor Cuda urged any Council member with additional questions and/or
concerns contact either City Administrator Jordan or himself, in advance, in order to
allow Mr. Wilson ample time to prepare full and complete responses. Alderman Bolger
noted he had additional questions and would forward them to Mr. Wilson.
COMMITTEE REPORTS
Alderman Baird reminded Council of the Building and Zoning Committee meeting
on Monday, December 16, 1996 at 6:30 P.M. prior to the regularly scheduled Council
meeting. The agenda packet for this committee meeting was distributed.
STAFF REPORTS
Director of Parks and Recreation Merkel reminded Council of the planning
meeting scheduled for Thursday, December 12, 1996, tomorrow evening, in the City
of McHenry Council Chambers to discuss the Petersen Park waterfront development.
City Clerk Althoff thanked the City of McHenry residents for their cooperation
and understanding with regard to the vehicle sticker notification. She reminded
Council of the McHenry County Municipal Association Christmas Dinner scheduled for
next Wednesday, December 18, 1996 at the Hob Knob Restaurant in Crystal Lake.
NEW BUSINESS
�..- Council requested staff distribute the agenda packets for the next regularly
scheduled meeting on Thursday evening, rather than Friday, as the meeting is on
Monday, December 16, 1996. This would allow additional time necessary to review
the numerous agenda items.
EXECUTIVE SESSION
Motion by Lawson, seconded by Locke, to go into Executive Session to discuss
w--• Personnel.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Council went into Executive Session at 7:50 P.M.
Motion by Baird, seconded by Locke, to go back into Open Session.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Council went back into Open Session at 8:01 P.M.
Alderman Locke requested Council approve further discussion of the Sex
Offender Registration Act as an agenda item at the next regularly scheduled Council
meeting. Some discussion followed. It was the consensus of Council not to charge
a fee to any person requesting this list, and to make the list available any time a Police
Department Clerk was on duty. Chief of Police Joyce stated the need to request and
obtain identification of all individuals requesting the City of McHenry's Sex Offender
list. Council directed Chief of Police Joyce to place the no fee and list availability
information in the local newspaper.
December 11 , 1996 Page 4
Motion by Baird, seconded by Lawson, to approve the hiring of Edward Kilcullen
for the Telecommunications Dispatch position, to replace Michelle Metzger, at Grade
7, Step 1 with a beginning salary of $25,356.00, effective January 15, 1997. .�
Voting Aye: Locke, Bates, Lawson, Baird.
Voting Nay: Bolger.
Absent: None.
Motion carried. --
ADJOURNMENT
Motion by Bates, seconded by Lawson, to adjourn.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting adjourned at 8:07 P.M.
MAYOR CITY gLERK