HomeMy WebLinkAboutMinutes - 02/07/1996 - City Council REGULAR MEETING
FEBRUARY 7, 1996
The Regular Meeting of the McHenry City Council was called to order by Mayor
Cuda at 7:30 PM on Wednesday, February 7, 1996 in the Council Chambers of the
Municipal Center. At roll call the following Aldermen were present: Bolger, Locke,
Lawson, Baird. Bates arrived at 7:45 PM. Absent: None. City Staff in attendance
were: City Clerk Althoff, Director of Building and Zoning Lobaito, Director of Parks
and Recreation Merkel, Director of Public Works Batt, Chief of Police Joyce, City
Attorney McArdle. Absent: None.
TEN MINUTE PUBLIC INPUT SESSION
No one signed in to speak during the Ten Minute Public Input Session.
CONSENT AGENDA
Motion by Lawson, seconded by Bolger, to approve the Consent Agenda as
follows:
(1) January 22, 1996 Committee Meeting of the Whole Minutes;
(2) January 29, 1996 Special City Council Meeting Minutes;
Voting Aye: Bolger, Locke, Lawson, Baird.
Voting Nay; None.
�-- Absent: Bates.
Motion carried.
PRESENTATION BY GREGG GABEL, LAND PLANNER FOR PACINI DEVELOPMENT
Mayor Cuda noted that the next item on the agenda was Land Planner, Gregg
Gabel's presentation. However, as Mr. Gabel required a bit more time to organize his
presentation, Cuda asked Council to consider Agenda Item No.5 - "Approval of
Agreement for Community Development Block Grant". Council concurred.
APPROVAL OF AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT
Mayor Cuda explained that the City of McHenry was awarded a Community
Development Block Grant for the Donovan Street lift station and force main
improvements. The grant stipulates certain responsibilities on the part of the City.
These responsibilities include:
(1) Design and construct improvements by December, 1997;
(2) Provide administrative oversight for financial and reporting requirements;
(3) Provide engineering construction oversight, testing and inspection;
L-- (4) Responsibility for all costs in excess of the pro-rata portion of the grant
value, which is $185,000.
Director of Public Works Batt stated that $226,100 is presently estimated to be
the City's share of the $41 1 ,100 total cost. Director of Public Works Batt also noted
the Inland/McCullom Lake Road annexation agreement provides for an additional
$70,000 to be applied toward the Donovan lift station improvement.
Motion by Lawson, seconded by Baird, to authorize the Mayor to execute the
Community Development Block Grant agreement for a $185,000 grant between the
City of McHenry and McHenry County for the McCullom Lake force main installation
and Donovan Street lift station improvement project.
Voting Aye: Bolger, Locke, Lawson, Baird.
Voting Nay: None.
Absent: Bates.
Motion carried.
February 7, 1996 Page 2
PRESENTATION BY GREGG GABEL LAND PLANNER FOR PACINI DEVELOPMENT
Gregg Gabel of Land Development Services, and land planner for the Pacinis
stated he was before Council to begin the approval process for two Pacini projects.
The first is the 240-acre parcel located at the northwest corner of Bull Valley Road '"N
and Route 31 . Gabel noted the project would be developed under the City's PUD
Ordinance, as it is a mixed use development. The project plans contain commercial
development along Route 31 , senior citizen owner-occupied housing, wetland
preservation, a detention/retention area and a new Metra station location. Mr. Gabel
requested Council create a steering committee to assist the developers through the
PUD process and to determine areas of possible donation. Some discussion ensued
regarding the proposed Metra station and Metra's requirement for 10 acres of property
located north of the train station to accommodate the overnight storage of the
commuter trains. Mr. Gabel also noted preliminary engineering had been submitted
to the hospital with regard to the proposed detention/retention area.
Alderman Bates arrived at 7:45 PM.
Discussion followed regarding the composition of a steering committee. Mr.
Gabel suggested Council take his request for a steering committee under advisement
and inform him of their decision within the next two weeks.
Project No. 2 is being brought before Council at this time, as McHenry County
officials have expressed an interest in obtaining right-of-way on this property for the
West McHenry Bypass. The 240-acre parcel is located on Route 31 , south of the
McHenry Corporate Center. The property is within the City of McHenry's Facility
Planning Area (FPA), however, will need to be annexed.
A bridge over the railroad tracks will be required; 150 feet of right-of-way will
be donated for the West McHenry Bypass; 500 units of rental housing and a business
park to the west is also proposed. Rail access to the business park is planned making
this business park unique and distinct from the other business parks in the area. Mr.
Gabel noted that both projects have merit and are in no manner connected to each
other. Council directed Mr. Gabel to provide smaller copies of this concept plan.
Mayor Cuda noted at this time that he has a meeting scheduled with the
Chairman of Metra for February 23, 1996. Council thanked Mr. Gabel for his
presentation and recommended he proceed with the PUD process for the Pacini
property located at Route 31 and Bull Valley Road.
CONSIDERATION AND APPROVAL OF PLANNED UNIT DEVELOPMENT ORDINANCE ^�
AND ORDINANCE AMENDING RETAINED PERSONNEL FEES AND FILING FEES FOR
PUD
Director of Building and Zoning Lobaito stated the final drafted PUD Ordinance
currently before Council contained all the comments and recommendations suggested
by staff and the Building and Zoning Committee. The Master Site Plan was eliminated,
pursuant to the Building and Zoning Committee's recommendation, as it was perceived
to be a duplication of the preliminary plan process. Some discussion then followed
regarding City Attorney McArdle's comments noted in his letter of November 20,
1995. These comments included:
(1) Replacing the phrase "City Administrator" with the term "City Clerk"
where documents were being filed with the City.
(2) The references to "code" in paragraphs D. 1 c and 2f be changed to "this
chapter 11 ";
(3) Replacing the word "shall" referred to in paragraph D. 2f with word
"may",and eliminating all references to "findings of fact" from the ZBA
report;
(4) Adding the phrase "unless varied by the City Council" to paragraph D.
2j; and,
(5) Establishing a one-year or 12-month time frame for final plat submittal
after preliminary plan approval, unless varied by the City Council;
Director of Building and Zoning Lobaito concurred with all these
recommendations and noted some additional language clarification should occur by
City Attorney McArdle.
February 7, 1996 Page 3
Alderman Baird also requested, in paragraph 2b, placing the reference to the
Plan Commission Chairman in parentheses before the phrase "composed of City staff
members and consultants as designated by the City Administrator".
Motion by Baird, seconded by Bolger, to pass the revised PUD Ordinance,
adding the five clarifications suggested by City Attorney McArdle in his November 20,
1995 letter, Alderman Baird's addition of the Plan Commission Chairman's placement
on the technical review committee, and additional language clarification by City
Attorney McArdle.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Mayor Cuda noted that in conjunction with the passage of the PUD Ordinance,
amendments to the Municipal Code concerning retained personnel fees and filing fees
for the Planned Unit Development need to be passed.
Motion by Lawson, seconded by Bates, to pass an ordinance amending Section
17-5 Retained Personnel Deposit to add the following fees for PUD zoning:
�- - up to 5 acres....... $1 ,000
5 acres or more.... $1 ,000, and an additional $100 per acre for each
acre in excess of 5 acres; and;
to amend Section 17-6 Zoning Filing and Hearing Fees to include the non-refundable
Planned Unit Development application fee in the amount of $2,500.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
ORDINANCE ZONING VARIOUS RECENTLY ANNEXED PROPERTIES EAST OF THE
FOX RIVER
Mayor Cuda, noting objectors in attendance, requested those properties in
question be considered separately for zoning approval. The zoning ordinance for
Adams Enterprises, Z-399 (10), and the zoning ordinance for Adams McHenry Jeep
Eagle, Z-399 (12) were to be considered separately.
�.. Director of Building and Zoning Lobaito noted that the remaining twelve drafted
ordinances received Zoning Board of Appeals approval. In response to inquiries,
Lobaito explained:
The Rodgers, Z-399 (46), had agreed to the six-month time frame
requiring EPA compliance with regard to the storage of waste oil; and,
- The Bodinas', Z-399 (29), allow port-a-potty service only during the boat
season for the convenience of their boat slip rental.
Alderman Baird also requested the heavy equipment located on the vacant
property, north on Route 120 near the Riverside Chocolate Factory, be removed
pursuant to the conditions of the Council's zoning approval.
Motion by Baird, seconded by Bates, to acceopt the recommendation of the
ZBA and pass the following zoning ordinances in connection with the East of the Fox
River annexations:
NAME AND PROPERTY ZONING ORD #
Richard & Rita Adams Reclass from E-Estate to C-5 Highway 0-96-767
d/b/a Adams Radiator Commercial & Conditional Use Permit for:
3004-08 W. Route 120 1. Radiator repair service;
2. Automobile service & repair
facility.
Thomas Reindl Reclass from E-Estate to C-5 Highway 0-96-768
d/b/a Northwest Elec. Sup. Commercial & Conditional Use Permit for:
2414 W. Route 120 1. Outside storage of pallets & conduit;
Albert S. Blake, Owner with certain conditions.
February 7, 1996 Page 4
Roland & Pamela Bodinus Reclass from E-Estate to C-5 Highway 0-96-769
d/b/a Watertower Marine Commercial & Conditional Use Permit for:
3112 W. Lincoln Road 1. Outside storage;
2. Gasoline service station;
3. Marine vehicle service & repair; ,.*N
4. Marina;
5. Slip rental;
with restrictions.
Richard & Rita Adams Reclass from E-Estate to C-5 Highway 0-96-770
d/b/a Adams Power Commercial & Conditional Use Permit for:
2103 W. Route 120 1. Outside slaes of lawn & garden
garden equipment;
2. Open sales lot for display of sheds;
3. Outside storage of equipment.
Norman V. Rose, Jr. Reclass from E-Estate to to C-5 Highway 0-96-771
d/b/a Rose Auto Sales Commercial & Conditional Use Permit for:
2500 W. Route 120 1. Open sales lot;
2. Automobile body shop;
3. Motor vehicle, trailer & mobile
home repair services;
4. Outside storage;
with restrictions.
Henry M. Retek, Sr. Reclass from E-Estate to C-5 Highway 0-96-772
2907 W. Route 120 Commercial & Conditional Use Permit for:
1. Outside storage;
with restriction.
Shell Oil Products Reclass from E-Estate to C-5 Highway 0-96-773
3110 W. Route 120 Commercial & Use Variance Permit for:
1205 N. River Road 1. Service station within 600 feet
of another station.
Conditional Use Permit for:
1. Automobile service station with
packaged liquor sales.
Leslie & Catherine Lambert Reclass from E-Estate to C-5 Highway 0-96-774
d/b/a Ed's Pizza Commercial & Conditional Use Permit for:
2214 W. Route 120 1. Outdoor advertising sign;
Walter Prueter, Owner 2. Outdoor amusement establishment;
3. Outdoor service of liquor;
with restrictions.
Clark Oil Company Reclass from E-Estate to C-5 Highway 0-96-775
3111 W. Elm Street Commercial and Use Variance Permit for:
S & S Petroleum Co., Owner 1. Service station within 600 feet
(Wm & Peter Anest) of another station.
and Contiional Use Permit for:
1. Automobile service station.
Ronald D. Monaco Reclass from E-Estate to C-5 Highway 0-96-776
d/b/a Monaco's Commercial & Conditional Use Permit
2816 W. Route 120 for:
1. Restaurant/bar with live enter- '1
tainment & dancing;
2. Game room;
3. Outdoor recreational establishment
for horseshoe pits;
4. Outdoor service of alcohol and
food on deck.
Telecommunications, Inc. Reclass from E-Estate to C-5 Highway 0-96-777
d/b/a TCI of IL Commercial & Conditional Use Permit for:
2508 W. Route 120 1. Outside storage;
2. Satellite dish antennas:
3. Television tower;
with conditions.
Frank & Catherine Rodgers Reclass from E-Estate to C-5 Highway 0-96-778
3107 W. Lake Street Commercial & Conditional Use Permit
for:
1. Motor vehicle repair;
2. Outside storage;
with restrictions.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None. --1
Motion carried.
McHENRY JEEP EAGLE DEALERSHIP
Director of Building and Zoning Lobaito explained that although Mr. Adams
complied with all the objectors' requests, no access drive will be permitted to River
Road and no additional on site fencing will be allowed as long as the adjacent property
is zoned Residential and included these conditions in the zoning petition. The Zoning
Board of Appeals did not make a positive recommendation for zoning approval.
February 7, 1996 Page 5
Mayor Cuda recognized objector Ken Dahlman from the audience. Mr. Dahlman
identified himself and noted he was the adjacent property owner to the north. Mr.
Dahlman withdrew his objections, as Mr. Adams had agreed to all the conditions.
Motion by Locke, seconded by Baird, to acknowledge no recommendation from
the Zoning Board of Appeals and pass an ordinance granting C-5 Highway Commercial
zoning from E-Estate zoning, with a Conditional Use Permit for open sales lot and
automobile service and repair facility for the Richard Adams property located at 301 1-
3017 W. Route 120, McHenry, Illinois, subject to the stated restriction.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
ADAMS ENTERPRISES
Director of Building and Zoning Lobaito explained that the major concern voiced
by the objectors to the zoning of the property located at 2600 W. Route 120 was the
extension of C-5 zoning an additional 150 feet to the north along the property's
eastern border. Objector Tony Loden of 1213 Hillside asked to be recognized as the
spokesperson for the Eastwood Manor residents, objecting to the extension of the C-5
``- zoning. He noted the Eastwood Manor property owners in attendance owned lots
adjacent to the parcel in question. Mr. Loden noted that although the Plan
Commission had approved the amendment to the Comprehensive Plan and map,
were conditions to the approval. Mr. Loden enumerated the eight conditions outlined
by the Plan Commission, and included in their meeting minutes of October 19, 1995.
He requested Council refamiliarize themselves with these conditions before taking any
action on the zoning of this property. He also read and presented a letter from a local
realtor stating the opinion that property values of the adjacent lots would be impacted
negatively with the C-5 and Business Park zoning of this parcel.
City Clerk Althoff also drew Council's attention to the letter from Eastwood
Manor resident Linda Schultz, copied and provided for Council review.
Attorney for the petitioners, Tom Zanck,then addressed Council, noting the Plan
Commission's unanimous approval of the amendment to the Comprehensive Plan and
map. He also stated the eight conditions referred to by Mr. Loden were not conditions
to the approval, but recommendations for Council's review. In response to Council
inquiry, Zanck explained Mr. Adams' need to expand to the north, as expansion to
`.- the west was hindered by a dedicated roadway. Zanck, in comparing this parcel's
setback from Route 120 to other C-5 properties along major thoroughfares, also noted
other C-5 parcels (K-Mart and Omni) had much larger setbacks. A lengthy discussion
ensued regarding buffering requirements for the protection of Eastwood Manor
residents. Eastwood Manor residents also requested Council require some type of
clean-up effort within a specified time frame.
Further discussion led to Council's request for a 75-foot buffer along the parcels'
east property line from the beginning of the parcel's Business Park zoning district to
the northernmost point of the property.
Mayor Cuda called for a recess at 9:03 PM. The meeting was reconvened at
9:15 PM with everyone still in attendance.
Attorney McArdle reported that the petitioners, Mr. & Mrs. Adams, had agreed
to the 75-foot buffer along the Business Park's easterly border, and to remove the
following items from the C-5 parcel within 6 months.
- Two old truck frames;
- Tree stumps;
- A grader;
- Ice or refrigerator truck;
- Bus body
February 7, 1996 Page 6
Motion by Lawson, seconded by Baird, to acknowledge no recommendation
from the Zoning Board of Appeals and pass the following Ordinances in connection
with the Richard & Rita Adams 51 acres located at 2600 W. Route 120: -,
(1) Re-zoning Parcel A from E-Estate to BP-Business Park and rezoning Parcel
B from E-Estate to C-5 Highway commercial with a Conditional Use
Permit, subject to certain restrictions; and,
(2) Amending the Comprehensive Plan & Map to show that Parcel A will be
designated "Business Park" and Parcel B (C-5 parcel) will be designated
"Other Commercial".
Voting Aye: Bolger, Locke, Lawson, Baird.
Voting Nay: Bates.
Absent: None.
Motion carried.
ENGINEERING SERVICES AGREEMENT - DONOVAN STREET LIFT STATION AND
FORCE MAIN
Director of Public Works Batt explained that in order to provide wastewater
service to the northern portion of McHenry, and to receive the Willow Street lift
station wastewater flow, it is necessary to expand the Donovan Street lift station
capacity, and to construct a force main down the railroad right-of-way to the vicinity
of Main Street Railroad Station. City Engineers Baxter & Woodman have been asked
to provide the following services in an amount not to exceed $39,000.
Prepare design documents for the purpose of securing an EPA permit
bidding the project;
Prepare an opinion of probable construction costs to assist in solicitation
of bids, and submit a recommendation for contract award;
Attorney McArdle recommended some additional standard language changes,
specifically the deletion of remedies if a breach in contract occurs.
Motion by Locke, seconded by Lawson, to approve the Engineering Services
Agreement for the Donovan Street lift station and force main, subject to the language
change suggested by Attorney McArdle, and to authorize the Mayor and City Clerk to
execute the agreement with Baxter &Woodman in an amount not to exceed $39,000.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
ENGINEERING SERVICES AGREEMENT - WELL NO. 10 PUMP EQUIPMENT
Director of Public Works Batt explained that Well #10 was constructed this past
Fall on Pine Drive. A second pump is now required to bring Water Plant #4 to full
capacity. Additional piping and electrical work must also be provided, allowing the
well water to be treated for distribution. It is staff's recommendation to award the
design contract to City Engineers Baxter & Woodman in an amount not to exceed
$14,000. The contract calls for Baxter & Woodman to prepare the design documents
for bidding and the EPA permit, as well as prepare a cost estimate of the project.
City Attorney McArdle recommended the deletion of some language regarding
remedies if there was a breach in contract.
Motion by Lawson, seconded by Bates, to approve the Engineering Services
Agreement for Well #10, pump equipment, piping and electrical connections in an
amount not to exceed $14,000, subject to language changes reviewed by City
Attorney McArdle, and to authorize the Mayor and City Clerk to execute the
Agreement.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
February 7, 1996 Page 7
SOLICITATION OF BIDS FOR VEHICLE REPLACEMENT - PARKS AND RECREATION
DEPARTMENT
Director of Parks and Recreation Merkel explained that the 1995-96 City of
McHenry Budget contains $13,000 for the replacement of a 1987 Plymouth station
�- wagon used by the Parks and Recreation Department. At its regular meeting on
January 17, 1996, City Council denied the purchase of this vehicle through the State
Purchase Program, and recommended bid specifications be developed for the purchase
of a mini van. Director of Parks and Recreation Merkel presented the specifications
and requested Council authorize the letting of bids for the purchase of a mini van.
Motion by Locke, seconded by Baird, to authorize staff to seek bids for the
purchase of a 1996 mini van for the Parks and Recreation Department.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
AWARD OF BID - SCHOOL BUS AND COACH BUS TRANSPORTATION FOR PARKS
& RECREATION DEPT. PROGRAMS
Director of Parks and Recreation Merkel reported that bids were sought and
received from area transportation companies to provide school and charter buses for
�-- a variety of Summer field trips. It was the recommendation of staff to award the
school bus bid to the low bidder, Barrington Transportation Company of Barrington,
Illinois in the amount of $799.00 plus tolls, and to award the coach bus bid to the low
bidder Fantastic Charters of McHenry, Illinois in the amount of $625.00.
Motion by Baird, seconded by Bolger, to award the school bus bid for
transportation for the Parks and Recreation Department's summer programs to the low
bidder, Barrington Transportation Company of Barrington, Illinois in the amount of
$799.00 plus tolls, and to award the coach bus bid to the low bidder Fantastic
Charters of McHenry, Illinois in the amount of $625.00.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR - STATEMENT AND REPORTS
Mayor Cuda drew Council's attention to the proclamation regarding national
L- "Write a Letter of Appreciation Week" distributed in the Friday agenda packets. He
noted that Mr. Lawrence McManus and Mr. Jim McManus were McHenry County
businessmen and were encouraging every citizen of McHenry to demonstrate the first
celebration of the greatness of our civilization by participating in "National Write a
Letter of Appreciation Week".
Motion by Bolger, seconded by Baird, to pass a proclamation declaring
March 1 - 7, 1996 "National Write a Letter of Appreciation Week".
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
COMMITTEE REPORTS
Alderman Bates, Chairman of the Parks and Recreation Committee, reported he
had attended a NISRA budget meeting. The proposed NISRA budget will come before
various participating municipalities in the Spring. He also reported that the Parks and
Recreation Committee members had met with baseball leagues and established
schedules for use of the fields. He thanked the Committee members and Aldermen
on behalf of the league members for their input and cooperation.
February 7, 1996 Page 8
STAFF REPORTS
Director of Parks and Recreation Merkel reported that the City's application for
a grant for the development of Brookside Park was unsuccessful. Although official
word has not yet been received by any City of McHenry representative, Senator
Klemm did announce the grant winners. Parks & Recreation Director Merkel
suggested the Council consider resubmitting the grant application next year.
City Clerk Althoff drew Council's attention to the proclamation included in their
Friday agenda packet, proclaiming March as "American Red Cross Month". She
recommended Council pass this proclamation and urge all McHenry residents to
continue their generous support and ready assistance to the work of the Mid-America
Chapter of the American Red Cross.
Motion by Baird, seconded by Lawson, to pass a proclamation declaring March,
1996 as "American Red Cross Month".
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
EXECUTIVE SESSION
Motion by Bolger, seconded by Locke, to go into Executive Session to discuss
Personnel and Potential Litigation.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Council went into Executive Session at 9:30 PM.
Motion by Locke, seconded by Lawson, 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 10:00 PM.
Alderman Lawson, Chairman of the Finance Committee, announced there would
be a Finance Committee Meeting on Monday, February 12, 1996 at 7:30 PM in the
Aldermen's Conference Room. The projected year-end expense balances and 1996-97
revenues will be reviewed.
ADJOURNMENT
Motion by Bates, seconded by Bolger, to adjourn.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting adjourned at 10:01 PM.
4 MAYOR CITY LERK