HomeMy WebLinkAboutMinutes - 07/10/1996 - City Council REGULAR MEETING
JULY 10, 1996
The Regular Meeting of the McHenry City Council was called to order by Mayor
Steven Cuda on Wednesday, July 10, 1996 at 7:30 P.M. in the Council Chambers of
'•.. the Municipal Center. At roll call the following Aldermen were present: Bolger, Locke,
Bates, Lawson. Baird arrived at 7:40 P.M. Absent: None. City Staff in attendance
were: City Clerk Althoff, City Administrator Jordan, City Attorney McArdle, Director
of Public Works Batt, Director of Building and Zoning Lobaito, and Chief of Police
Joyce. Absent: Director of Parks and Recreation Merkel.
TEN MINUTE PUBLIC INPUT SESSION
Mark Justen, owner and operator of George R. Justen Funeral Home located at
the intersection of Green Street and Elm Street, and Fiesta Day Committeeman,
addressed Council requesting approval for live entertainment on Green Street during
the Fiesta Days sidewalk sale on Saturday, July 20, 1996. A letter of support for his
request from McHenry Area Chamber of Commerce Executive Director Deborah Harr
was also presented. Justen noted the quartet would be playing between 10:00 and
11 :00 A.M. and again from 12:00 Noon to 2:30 P.M.
Motion by Bolger, seconded by Lawson, to approve Mark Justen's request for
live entertainment by a quartet during the Fiesta Days sidewalk sale on Saturday, July
20, 1996 on Green Street between 10:00 and 11 :00 A.M. and between Noon and
2:30 P.M.
Voting Aye: Bolger, Locke, Bates, Lawson.
Voting Nay: None.
Absent: Baird.
Motion carried.
PUBLIC HEARING - 1996-97 ANNUAL APPROPRIATION ORDINANCE
Mayor Cuda opened the Public Hearing at 7:35 P.M. on the 1996-97 Annual
Appropriation Ordinance. City Clerk Althoff explained the Appropriation Ordinance
specifies the maximum amount of money which can legally be expended for municipal
purposes. The Appropriation Ordinance must be itemized and specific to the various
items and services that public funds will be used to purchase, and each line item must
be for a single purpose. The Appropriation Ordinance is a statement of the maximum
amount that could conceivably be spent if sufficient funds were available. The 1996-
97 Appropriation Ordinance totals $22,035,250.00 and is approximately a 3.35%
increase over last year's $21 ,320,500.00 Appropriation.
—� Mayor Cuda asked if there were any comments from either the Aldermen or the
audience. There were no comments. Mayor Cuda then asked City Clerk Althoff if any
public comments had been received by her office in writing or by phone. City Clerk
Althoff responded she had received no comments.
Motion by Locke, seconded by Lawson, to close the 1996-97 Appropriation
Ordinance Public Hearing at 7:37 P.M.
Voting Aye: Bolger, Locke, Bates, Lawson.
Voting Nay: None.
Absent: Baird.
Motion carried.
Motion by Bolger, seconded by Lawson, to pass the 1996-97 Annual
Appropriation Ordinance in the amount of $22,035.250.00, as presented.
Voting Aye: Bolger, Locke, Bates, Lawson.
Voting Nay: None.
Absent: Baird.
�. Motion carried.
JULY 10, 1996 Page 2
CONSENT AGENDA
Motion by Lawson, seconded by Bates, to approve the Consent Agenda as
follows:
(1) Block Party Requests:
Susan Kueking, Abbington Drive; Saturday, July 27th 379 P.M.;
- Deborah Glick, Winding Creek Drive; Saturday, August 17th,
1 pm-dusk;
Motorola, Ridgeview Drive; Sunday, September 8th, 1-5 pm;
(2) May 31 , 1996 Budget Report.
Voting Aye: Bolger, Locke, Bates, Lawson.
Voting Nay: None.
Absent: Baird,
Motion carried.
LAKEWOOD SUBDIVISION SEWER AND WATER REQUEST (continued from 6/26/96
Meeting)
Mayor Cuda noted Council discussion on Lakewood Subdivision's request for
further cost information with regard to the extension of sanitary sewer and water -�
service to this subdivision was postponed from the June 26, 1996 regularly scheduled
Council meeting to this evening's July 10, 1996 regular meeting. Residents from the
Lakewood Subdivision were recognized by Mayor Cuda.
Alderman Baird arrived at 7:40 P.M.
Preliminary costs of extending these services to Lakewood Subdivision residents
were discussed. Director of Public Works Batt noted the cost per household inthe
Lakewood Subdivision area might be substantially higher than the $10,000415,000
per household cost normally anticipated for this type of project. He explained that the
preliminary engineering from the 1970 Lakeland Park sanitary sewer extension indicate
a groundwater depth of 2'/2 feet, making construction more difficult and expensive.
Additional information indicates Lakewood Subdivision is 9-12 feet above the invert
of the sanitary manhole at Shore and Eastern, the most logical point of connection for
Lakewood Subdivision residents, and field engineering is required to determine if the
subdivision can be serviced without a lift station which again would raise the cost for
sanitary sewer service. Finally, it appears there may be as few as 22 residents that
would share in the cost for a sewer line of approximately 1 ,800 feet in length. ..1
Typically, in subdivisions with 70-foot lot frontages 22 residents are serviced with less
than 800 feet of sewer and/or water line, which again increases the cost per
household.
Alderman Bates noted Lakewood Subdivision residents have been provided with
the pertinent cost information via their homeowner's association. Mayor Cuda noted
a majority approval of the affected homeowners would be required before going
forward with this project.
Lakewood homeowners in attendance noted no clear majority decision existed
at this time. Mayor Cuda directed further questions and/or comments regarding this
proposed project to Director of Public Works Batt and/or City Engineer Dan Marcinko.
Mayor Cuda then recognized Bob Kirschner of the Northeastern Illinois Planning
Commission and requested he provide Council with an update on the McCullom Lake
Restoration Project. Kirschner informed Council that the reports of swimmer's itch
were significantly fewer this season as compared to last season and, although, there
appeared to be some significant milfoil apparent in McCullom Lake, he was optimistic
the weevil discovered last season will consume this new outgrowth of milfoil. ~
Kirschner expressed his current concern with substantial amounts of algae now
present on the west shore of McCullom Lake, which, he felt was the result of
numerous heavy rains and septic runoff. In response to Alderman Bolger's inquiry,
Kirschner noted grant monies might be available for the extension of sanitary sewer
service to this area.
JULY 10, 1996 Page 3
LAKELAND PARK DRAINAGE
Director of Public Works Batt presented a brief historical review of Lakeland
Park and Lakeland Shores development and subsequent annexation into the City of
McHenry in 1966. Sanitary sewer lines were installed in the early 1970's and in 1984
the City acquired the Lakeland Park Water Company and Lakeland Park residents
began to receive City water services. City Engineer Marcinko then presented a visual
depiction of the current Lakeland Park drainage conditions, as well as a proposal to
alleviate most of the drainage problems. A question and answer period followed
among Director of Public Works Batt, City Engineer Marcinko and concerned Lakeland
Park residents.
City Engineer Marcinko noted five major pockets, or landscape depressions
which experienced severe flooding: Ramble/Home intersection area; the Home/Beach
intersection area; Willow Lane between Lakewood and Parklane Avenues; Clearview
east of Eastern Avenue; and, Parkway east of Central Avenue. Director of Public
Works Batt also noted Meyer Material has, since the severe flooding of 1993, created
a detention basin on their Route 120 property. This detention basin has helped
alleviate some of the Lakeland Park area drainage problems. City Engineer Marcinko
presented preliminary cost estimates to improve drainage in the Lakeland Park
subdivision. These cost estimates are as follows:
`.. 1) Ramble and Home intersection area - $200,000
2) Home and Beach intersection area - $100,000
3) Willow Ln. between Lakewood and
Parklane Avenues - $ 20,000
4) Clearview, east of Eastern Avenue; and
Parkway, east of Central Avenue $400,000
TOTAL $720,000
City Engineer Marcinko stressed the proposed drainage corrections will only
alleviate, not solve, the drainage problems suffered by most Lakeland Park residents.
Joan Schwegal, long time resident of Lakeland Park, also gave a brief personal
perspective of the development of Lakeland Park subdivision. She noted the
elimination of the opened ditch drainage system caused by new homeowner
construction and regrading of lots ascerbated the problem.
Council then discussed the feasibility of planning for a larger detention area in
the City's west section. Mayor Cuda recognized Anton Rebel of 4009 Maple Avenue.
Mr. Rebel noted his Boone Creek clean-up efforts over the past several years. Mayor
Cuda directed staff to present in writing all the Lakeland Park drainage information for
the regular Council meeting on Wednesday, July 24, 1996. Staff should also prioritize
the proposed drainage corrections.
Mayor Cuda called for a recess at 9:07 P.M. The Meeting reconvened at
9:16 P.M. with everyone still in attendance.
CONDITIONAL USE PERMIT AND VARIANCE REQUEST FOR OIL EXCHANGE
BUSINESS AT 4904 W. ELM STREET
Petitioners Nancy and Chuck Fernstrom and their attorney Dan Curran were in
attendance. Attorney Curran stated the petitioners were requesting a conditional use
permit for the operation of an oil exchange business and a variance as to the
following:
1 ) Lot width requirement from 200' to 60'; and,
2) Side yard setback requirement from 10' to 0' along the western lot line.
A 32' X 42' building is being proposed with two bay areas, each with a
�-- hydraulic lift. The front of the building would be setback approximately 60' feet from
the front property line along Route 120 and the rear set back would be 30' from
Commercial Avenue. This would allow for stacking spaces for up to four vehicles.
There would be five parking spaces. Curran stated the petitioners would comply with
all parking and stacking requirements. A one-way traffic pattern is being proposed on
the site from the south to the north, with all vehicles exiting onto Commercial Avenue.
Curran noted there is an,exemption for lots abutting arterial streets as to the required
JULY 10, 1996 Page 4
200' lot width if the lots had been platted prior to the adoption of the zoning
ordinance in 1986. The subject property at 4002 W. Elm Street qualifies for this
exemption, as it was platted and zoned Commercial prior to 1986. Curran also noted
that the Zoning Ordinance, which was in place prior to 1986, required no interior side
yard setbacks for any of the lots contained in the Route 120 commercial block from
Meadow Lane to Highview Drive, and most of the businesses in this commercial block
have anywhere from 0' to 5' setbacks from their respective interior lot lines. In
response to inquiries from Council, Attorney Curran noted the business operation will
be only for oil changes; no transmission service will be provided. All oil will be stored
in a concrete pit. It will be disposed of by a licensed waste hauler. The building will
be constructed of split-pattern face block by Tonyan Construction.
Some discussion followed regarding overflow evening parking from neighboring
facilities. Mayor Cuda also expressed concern over the 0' side yard setback variance.
In response, Attorney Curran reviewed the variance standards. Additional discussion
followed regarding the petitioner's current business conditions. In response to inquiry,
the petitioner agreed to abide by all the Zoning Board of Appeals' conditions:
1) The site be clearly marked with one-way signs and pavement shall be marked
with arrows to assist in traffic flow on and through the site;
2) Parking areas be set apart from landscaped areas by a concrete barrier curb;
and, -1
3) No overnight exterior parking of vehicles on the premises.
Further discussion led to the petitioner's agreement of no overnight exterior
parking of trailers on the premises and the use of full hydraulic hoists with above-
ground oil tanks.
Motion by Bolger, seconded by Locke, to: (1) approve the Zoning Board of
Appeals' recommendation and grant a conditional use permit for the operation of an
oil exchange business at 4002 W. Elm Street; (2) that a variance be granted from the
minimum lot width of 200' to 60'; although page 69 paragraph I. of the Zoning
Ordinance exempts this property from a need for this variance; and (3) that a variance
as to the west interior side yard requirement from 10' to 0' be granted, subject to the
following conditions:
1) The site be clearly marked with one-way signs and pavement shall be marked
with arrows to assist in traffic flow on and through the site;
2) The Parking area be set apart from landscaped area by a concrete barrier curb;
3) There shall be no overnight exterior parking of vehicles on the premises; and,
4) Full hydraulic hoists will be utilized with above-ground oil tanks. ...�
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
ORDINANCE INCREASING NUMBER OF AUTHORIZED PATROLMEN
Chief of Police Joyce noted the hiring of three new police officers as a result
of the recent COPS Fast Grant award necessitates the passing of an ordinance
increasing the number of authorized patrolmen from 24 to 27.
Motion by Locke, seconded by Lawson, to pass an ordinance increasing the
number of authorized patrolmen from 24 to 27.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
DESIGNATION OF BANK DEPOSITORIES
Mayor Cuda noted that in order to invest City fund in a financial institution, it
if first necessary to pass a resolution designating the institution as a qualified
depository. As Home State Bank now has a subsidiary in McHenry, it is recommended
that a resolution be passed designating Home State Bank as an additional depository.
JULY 10, 1996 Page 5
Motion by Locke, seconded by Bolger, to pass a resolution naming Home State
Bank in McHenry as an additional depository for City funds along with First National
Bank of McHenry, McHenry Savings Bank, McHenry State Bank, First of America
'L Bank/Springfield and Comerica Bank Illinois Governmental Cash Investment
Fund/Chicago.
Voting Aye: Bolger, Locke Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
PROCLAMATION DESIGNATING JULY 15-21, 1996 AS "NISRA WEEK"
City Administrator Jordan reported Mr. Brian Shahinian, Executive Director of
NISRA, requested the City of McHenry,proclaim the week of July 15-21 , 1996 as
"NISRA Week". Jordan noted NISRA provides year round parks and recreation
services to residents with disabilities in the City of McHenry. Colleen Fitzgerald, a
representative of NISRA, was in attendance.
Motion by Lawson, seconded by Baird, to pass a proclamation designating the
week of July 15-21 ,1996 as "NISRA Week".
L Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Colleen Fitzgerald of NISRA thanked the Council and distributed t-shirts to show
NISRA's appreciation.
MAYOR'S APPOINTMENTS TO BOARDS AND COMMISSIONS
Mayor Cuda presented his advisory board and commission recommendations for
the 1996-97 Fiscal Year. After some discussion, Alderman Locke requested the
approval to the Zoning Board of Appeals and Plan Commission Boards be separate
motions. Council concurred.
Motion by Lawson, seconded by Locke, to approve the following Commission
appointments:
TERM EXPIRES
Emergency Services and Disaster Agency (ESDA) Coordinator
\.. William Stephens 4-30-97
Environmental Advisory Commission (EAC)
Tom McCarthy, Chairman 4-30-98
Liz Nolan 4-30-98
Michael Teta 4-30-98
Audrey Buellesbach 4-30-98
Landmark Commission
Nancy Fike, Chairman 4-30-98
Robert Novak 4-30-98
Christopher Novak 4-30-98
Maria Azra 4-30-98
Police Commission
Father Robert Sherry 4-30-99
Police Pension Board
Robert Hetterman 4-30-98
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Alderman Locke initiated discussion regarding the current attendance records
of the Plan Commission members. He also requested a more extensive search be
conducted for qualified candidates. Mayor Cuda noted his current recommendations
stand.
JULY 10, 1996 Page 6
Motion by Lawson, seconded by Bates, to approve the Mayor's appointments
of the following Plan Commission members, with terms to expire on April 30, 1998:
Paul Nadeau, William Buhrman and Earl Osmon.
Voting Aye: Bolger, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Abstaining: Locke.
Motion carried.
Motion by Lawson, seconded by Bates, to approve the Mayor's appointments
of the following Zoning Board of Appeals members, with terms to expire on April 30,
2001 : Harry Semrow, Chairman and Chuck Lovett.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
RECOMMENDATION FROM PARKS DEPARTMENT FOR AWARD OF BID FOR FALL,
1996 BROCHURE
Mayor Cuda reported bids for the Fall, 1996 Parks brochure were sought. The
bids were opened on Friday, Jun 21 , 1996 at 10:00 A.M. Hi-Liter Graphics of
Burlington, WI was the low bidder in the amount of $3,222.00. Some discussion
followed regarding the competitive advantage a Wisconsin business operation has over
an Illinois business operation due to the lower sales tax percentage.
Motion by Lawson, seconded by Baird, to award the Fall, 1996 Park brochure
printing bid to Hi-Liter Graphics of Burlington, WI, the low bidder, in the amount of
$3,222.00.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR - STATEMENT AND REPORTS
Mayor Cuda reported he had met with Metra Chairman Jeffrey Ladd to express
the importance of maintaining train service to the City of McHenry. He and City
Administrator Jordan are planning to attend the next County Board meeting on
Monday, July 15, 1996 to represent the City of McHenry, as the Village of Spring
Grove is formally requesting the County Board support their proposal for Metra train
service to Spring Grove.
He also reported he had met with hospital representatives regarding their re-
zoning request. The traffic study requested by Council has been submitted. Copies
will be distributed in addition to copies of the proposed Zoning Ordinance in Friday's
agenda packet to all Aldermen. Cuda noted the hospital has been directed to proceed
with their hearings before the Zoning Board of Appeals and the Plan Commission.
COMMITTEE REPORTS
There were no Committee Reports.
STAFF REPORTS
Director of Public Works Batt formally thanked members of his staff, including
Carol Holian, Nancy Lorch, Sam Burrafato, Dale Moll and Dan Marcinko for their
efforts in preparing the Lakeland Park drainage presentation.
City Attorney McArdle reported that an acceptable agreement regarding the ..�
ordinance language for McHenry County Zoning Petition #96-22 was not reached
among the petitioner and developer John Fuhler, Mayor Cuda, City Staff and property
owner McHenry State Bank Trust #4226. Therefore, Council had directed staff to file
the resolution objecting to the proposed amendment and conditional use permits on
Petition #96-22 filed with the McHenry County Zoning Board of Appeals. Some
discussion followed. It was the consensus of Council to file the resolution objecting
to the proposed amendment and conditional use permits on Petition #96-22 after
contacting developer and petitioner John Fuhler informing him of an additional 48
JULY 10, 1996 Page 7
hours to provide an ordinance with language acceptable to Mayor Cuda, City Staff and
City Attorney McArdle.
Alderman Baird left the meeting at 10:15 P.M.
Motion by Locke, seconded by BcJger, to present the City's resolution formally
objecting to the proposed amendment and conditional use permits on Petition #96-22
filed with the, McHenry County Zoninri Board of Appeals; and to withdraw said
objection if the petitioner and developo- John Fuhler provides the County with the
ordinance approved at the June 26, 19;)6 Council meeting and includes language in
the Trustee's Deed Fuhler is to receive upon closing restricting the subject property's
to mini-warehouse use.
Voting Aye: Bolger, Locke, Bates, Lawson.
Voting Nay: None.
Absent: Baird.
Motion carried.
EXECUTIVE SESSION
Motion by Locke, seconded by Lawson, to go into Executive Session to discuss
Personnel and Potential Litigation.
Voting Aye: Bolger, Locke, Bates, Lawson.
Voting Nay: None.
Absent: Baird.
Motion carried.
Council went into Executive Session at 10:23 P.M.
Alderman Baird returned to the meeting at 10:24 P.M.
Motion by Lawson, seconder by Bolger, to go back into Open Session.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Council went back into Clie , Session at 10:40 P.M.
Motion by Bolger, seconde'.1 by Lawson, to confirm the hiring of Caryle
�— McCaffrey for the part-time jot) �h-ire Receptionist/Clerk position in the City Clerk's
office at the rate of $7.00/ho::r -.�-id upon Ms. McCaffrey's successful performance
evaluation by the City Clerk after six months, approve an increase in her salary to
$7.25/hour.
Voting Aye: Br,lger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Lawson, seconc tad by Baird, to approve the payment of $2,768.45
to Seyfarth, Shaw, I-airweather & Geraldson for the May, '1996 invoice associated
with McHenry Poli;;e Officers Association negotiations.
Voting Aye: Bolger: Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
City Administrator Jordan initiated a discussion regarding City of McHenry
businesses requesting a reduction in their assessed valuation. He recommended
Counci; consider adopting a standard response procedure challenging reduction
reque.3ts. At a minimum, Council should consider providing an independent re-
eval,cation of the subject property'.
JULY 101 1996 Page 8
Alderman Bolger requested information on the St. Paul'Avenue sewer situation.
City Administrator Jordan noted he had met with the affected homeowners and St.
Paul Church. These entities have been provided with cost approximations and have
indicated they will contact the City of McHenry after reviewing the numbers.
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 10:48 P.N.
MAYOR CITY LERK
/ J/