HomeMy WebLinkAboutMinutes - 01/03/1996 - City Council REGULAR MEETING
JANUARY 3, 1996
The Regular Meeting of the McHenry City Council was called to order by Mayor
Cuda on Wednesday, January 3, 1996 at 7:30 PM in the Council Chambers of the
�.. Municipal Center. At roll call the following Aldermen were present: Bolger, Locke,
Lawson, Baird. Bates arrived at 7:40 PM. Absent: None. City staff in attendance:
City Clerk Althoff, Chief of Police Joyce, Director of Parks and Recreation Merkel,
Director of Public Works Batt, City Attorney McArdle. Absent: Director of Building
and Zoning Lobaito.
TEN MINUTE PUBLIC INPUT SESSION
No one signed in to speak during the Ten Minute Public Input Session.
CONSENT AGENDA
Motion by Locke, seconded by Baird, to approve the Consent Agenda as follows:
(1) IDOT Resolution authorizing City of McHenry to conduct construction
and maintenance work on State highways located in the McHenry City
limits;
Voting Aye: Bolger, Locke, Lawson, Baird.
Voting Nay: None.
Absent: Bates.
Motion carried.
Council noted the IDOT resolution just passed would be in full force for the
calendar years 1996 and 1997.
OAKS OF McHENRY PRELIMINARY AND FINAL PLAT DISCUSSION
Mayor Cuda stated, as Council was aware, Gerstad Builders was now the
developer of the Oaks of McHenry/Hemphill project. Director of Public Works Batt
explained that as the final plat presented by the Gerstads was substantially the same
as the preliminary plat approved by the McHenry City Council on October 17, 1990,
the Gerstads were seeking reaffirmation of that preliminary plat and Council direction
to proceed with the final platting process beginning with the Plan Commission. It is
the intention of Gerstad Builders to present the final plat encompassing Phases II and
III, consisting of 83 lots that will conform to the October 17, 1990 preliminary plat.
�.. Director of Public Works Batt noted that McHenry's Subdivision Control Ordinance
limits the life of a preliminary plat to six months, however, Illinois State Statute does
allow municipalities to extend the life of a preliminary plat, particularly if the
preliminary plat was to be developed in phases as was the Oaks of McHenry/Hemphill
project.
Motion by Bolger, seconded by Locke, to reaffirm the Oaks of McHenry/Hemphill
subdivision preliminary plat approved by the McHenry City Council on October 17,
1990, and to direct Gerstad Builders to proceed to the Plan Commission to begin the
final platting process of the Oaks of McHenry/Hemphill project, based on the
reaffirmed preliminary plat.
Voting Aye: Bolger, Locke, Lawson, Baird.
Voting Nay: None.
Absent: Bates.
Motion carried.
Director of Public Works Batt noted that the preliminary plat divided the project into
phases identified as IA, IB, and II. Gerstad Builders has elected to incorporate Phases
IA and IB into one entity identified as Phase I. The entire Phase I development is
located on the north side of McCullom Lake Road. Director Batt also noted that
although not in compliance with the City of McHenry's current Subdivision Control
Ordinance, the preliminary plat's minimum lot size was in compliance with the then
existing Subdivision Control Ordinance.
January 3, 1996 Page 2
REVISION TO LIQUOR CONTROL ORDINANCE
Mayor Cuda referenced Council to the amended Liquor License Ordinance --*
incorporating the three additional holidays: Memorial Day, Independence Day and
Thanksgiving Day, into the fourth paragraph of Section 4-22 of the Municipal Code,
stating that it shall be lawful to sell alcoholic liquor in the City for one additional hour
beyond the aforesaid regular closing hour for those dates; and permitting persons 18
years of age or older to serve alcoholic liquor to customers at tables in restaurants for
consumption on the premises, although prohibiting any person under the age of 21 to
bartend, draw, pour, dispense or mix any alcoholic liquor. Regarding the residency
requirement, City Clerk Althoff requested Council direction to contact the affected
East of the River liquor license holders and inform them of the residency requirements
and potential alternatives.
Alderman Bates arrived at 7:40 PM.
Motion by Lawson, seconded by Baird, to pass an ordinance amending Section 4-
22 of the liquor license ordinance incorporating three additional holidays: Memorial
Day, Independence Day and Thanksgiving, allowing the sale of alcoholic liquors for
one additional hour beyond the regular closing hour for that date; and allowing persons
18 years of age or older to serve alcoholic liquor to customers at tables in restaurants -�
for consumption on the premises.
Voting Aye: Bolger, Bates, Lawson, Baird.
Voting Nay: Locke.
Absent: None.
Motion carried.
Alderman Locke stated his strong opposition and concern regarding the lowering
of the minimum age to 18 for persons serving alcoholic beverages.
REVISION TO McHENRY TRAFFIC CONTROL ORDINANCE
The presented draft ordinance amends the City's current Traffic Ordinance to
include all traffic controls located within the currently annexed properties east of the
Fox River, and allows the City of McHenry police officers to issue local ordinance
citations. The ordinance has been reviewed by City Attorney McArdle, Chief of Police
Joyce and Director of Public Works Batt.
Motion by Lawson, seconded by Baird, to pass an ordinance amending various
sections of the City's current Ordinance Regulating Traffic and Motor Vehicles to
incorporate all traffic controls located within the recently annexed east of the Fox
River properties.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR - STATEMENT AND REPORTS
Mayor Cuda reported that he and Director of Public Works Batt had met with Mike
Magnuson, Superintendent of the McHenry County Highway Department, to discuss
County road projects which affect the City of McHenry, specifically the Ridgeview
Drive project and the Bull Valley Road extension. The bidding process for the
Ridgeview Drive project is scheduled for the Spring of 1996 with project completion
contemplated for late Summer of early Fall, 1996. The Bull Valley Road project, also "1
scheduled for Fall, 1996, has encountered a potential delay. Mike Magnuson reported
that a preliminary report by the U.S. Army Corps of Engineers stating their concerns
with protecting the wetland area and protecting the groundwater flowing to the
wetland area and is requesting ground water monitoring for a one-year period prior to
any road construction. Some discussion followed.
January 3, 1996 Page 3
Mayor Cuda stated that the City has provided Magnuson with all the relevant
documents regarding this property, as well as the Busch-Knox annexation agreement,
which contains language requiring a substantially large area surrounding the areas be
\.. CT�aintained as open space, and prohibits the drainage of this area. Magnuson will
continue to meet with the Army Corps of Engineers in an attempt to move the Bull
Valley Road project forward on it's original timetable. Magnuson was encouraged that
the annexation language addressing some of the concerns of the Army Corps of
Engineers regarding protection of the wetlands would be helpful in working out an
acceptable solution. Mayor Cuda noted Magnuson's intent to keep the City informed
of his progress on a timely basis.
Mayor Cuda reported he had contacted Louis Pacini of the Pacini development, and
a meeting had been tentatively scheduled for the middle or end of January. Mr. Louis
Pacini had stated his interest in pursuing the project. Council discussion followed.
In response to Alderman Baird's inquiry, Director of Building and Zoning Lobaito stated
staff's intent to include as an agenda item the P.U.D. Ordinance for Council review at
the February 7, 1996 regularly scheduled Council meeting. The Pacini's have also
been informed of this scheduling.
COMMITTEE REPORTS
�,.. Alderman Bates, Chairman of the Parks and Recreation Committee, reminded
Council of the Parks and Recreation Committee meeting scheduled for January 24,
1996 at 7:30 PM. He also noted that a tentative date of February 5, 1996 had been
scheduled for a meeting between the Parks and Recreation Committee and the Soccer
Federation and baseball league representatives.
STAFF REPORTS
Director of Public Works Batt reported that Christmas tree pick-up had begun. City
residents wishing to recycle their trees should place them at the curbside for pick-up.
Trees encased in plastic will not be picked up for recycling, however, the City's waste
hauler will collect these trees and all trees after January 10, 1996 on regular garbage
days.
Director of Public Works Batt also noted the Fox Ridge ice skating rink re-opened
on Friday, December 29, 1995.
Director of Parks and Recreation Merkel reported that Winter registration had begun
on January 2, 1996, as did applications for picnic permits for the 1996 season. The
Parks and Recreation Department's new computer system has been installed and is
on-line. Mail and walk-in registration is in progress.
Director Merkel also displayed a copy of the U.S.E.P.A. Annual Report which
includes a picture of McCullom Lake on the front cover in recognition of the Clean
Lakes Program.
City Clerk Althoff reported that Bob Anderson of the Concerned Taxpayers for
Integrity in Government has requested the use of the Council Chambers of the evening
of February 12, 1996 for Candidates' Night. Council approved his request for this
specified evening, subject to the receipt of a list of all candidates who have been
invited to attend.
City Clerk Althoff also reported that Mike Casey of David M. Griffith and
Associates is available to meet with Council on Monday, January 29, 1996 as
discussed at the December 27, 1995 regularly scheduled Council meeting.
Motion by Locke, seconded by Baird, to schedule an Executive Session Special
Council Meeting for Monday, January 29, 1996 at 7:30 PM to discuss Personnel,
specifically to review candidates' resumes for the vacant City Administrator's position.
Voting Aye: Bolger, Locke, Lawson, Bates, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
January 3, 1996 Page 4
Alderman Locke complimented John Harrison and his crew on the holiday,.,
decorations displayed during the Christmas season in the Municipal Building.
EXECUTIVE SESSION
Motion by Lawson, seconded by Bolger, to go into Executive Session at 8:07 PM
to discuss Personnel, Property Acquisition and Potential Litigation at 8:07 PM.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Locke, seconded by Bolger, to go back into Open Session at 9:10 PM.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Motion by Locke, seconded by Lawson, to ratify the creation of McHenry State
Bank Land Trust #13122, and to authorize the Mayor and City Clerk to execute all
appropriate documents required to establish said Trust, and to direct the Trust to
accept the presented offer of $205,000 for the property located at 1115 River Road.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
ADJOURNMENT
Motion by Bates, seconded by Baird, to adjourn the meeting.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting adjourned at 9:11 P.M.
CITYCLER MAYOR