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HomeMy WebLinkAboutMinutes - 07/01/1998 - City Council REGULAR MEETING JULY 1, 1998 The Regular Meeting of the McHenry City Council was called to order by Mayor Cuda at 7:30 P.M. on Wednesday, July 1, 1998 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, McClatchey, Murgatroyd. Alderman Baird arrived at 7:40 p.m. Absent: None. City Staff in attendance were: City Administrator Lobaito, City Clerk Althoff, City Attorney McArdle, Chief of Police Joyce, Director of Public Works Batt, Director of Community Development Napolitano. Absent: Director of Parks and Recreation Merkel. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Ten Minutes of Public Input. Chief of Police Joyce introduced newly hired City of McHenry Police Officer Jason Gloede. Officer Gloede enumerated his many accomplishments at the Police Academy and thanked Council for the opportunity to meet them. PUBLIC HEARING - SPENCE MANAGEMENT SERVICES/BURGER KING Mayor Cuda opened the Public Hearing on the Annexation and Zoning of a two- acre parcel located on the east side of Route 31 approximately 500 feet north of the McHenry Commons Shopping Center at 7:35 p.m. The Petitioners are Spence Management Services, Inc./Burger King, as contract purchasers, and current property owners, Brandon F.R. Bradkin and Dory Broeckaert. In attendance were Spence Management Service Representative Randy Imoff, Attorney Mark Saladin of Militello, Zanck and Coen, and Engineer Tim Hartnett of Smith Engineering. Attorney Saladin stated that Spence Management Services Inc. and Brandon F.R. Bradkin and Dory Broeckaert are seeking Council approval for annexation and C5 zoning with a conditional use permit for a drive through permitting the establishment of a Burger King Restaurant. In addition, minor sign variances, permitting an additional menu board for the drive through and directional signs greater than the permitted zoning requirements of three feet in height, are being requested. Attorney Saladin also noted in response to Staff direction, the following amendments have been agreed to and will be incorporated into the Annexation Agreement: • The term of the Annexation Agreement referenced in #8 on page 3 will be increased from ten to twenty years; • Additional language shall be incorporated clarifying the ingress and egress status relating to U.S. Route 31 and the future elimination of said U.S. Route 31 ingress and egress when and if a public access road is developed on the Blake Property located directly north and adjacent to the subject property. City Administrator Lobaito explained a controlled access point onto U.S. Route 31 will be required when the Blake property located directly north of the subject property on the east side of U.S. Route 31 is developed. This access road, in all likelihood, would be immediately north of the driveway proposed by Spence Management Services Inc. The construction of this public road will be necessary because of the significant size of the Blake Property as well as the potential to connect with the existing Oaks of McHenry Subdivision. The road will, in all probability, include dedicated turning lanes and a traffic signal. At the time of construction, the Spence Management Services Inc. property would become a corner lot and access will be relocated to the new public road. Attorney Saladin also stated the proposed Annexation Agreement permits three sign variations providing for: • A pre-sell menu board as part of the drive through; • A "Caution - Clearance 9 feet"; and • Two "Do Not Enter" directional signs to be in excess of three feet in height. Attorney Saladin concluded his presentation, noting the Zoning Board of Appeals at its May 4, 1998 Public Hearing recommended unanimously the approval of the July 1 , 1998 Page 2 reclassification to C5 Highway Commercial upon annexation to the City of McHenry be granted and that the Petitioners' request for a conditional use permit to allow the construction and operation of a restaurant having a drive through facility be granted. In addition, the Petitioners are requesting three sign variations to allow: • A pre-sell menu board as part of the drive through; • A "Caution - Clearance 9 feet"; and • Two "Do Not Enter" directional signs to be in excess of three feet in height. Mayor Cuda inquired as to any questions or comments from the Aldermen. In response to Alderman Glab's inquiry regarding sidewalk placement, Project Engineer of Smith Engineering explained the sidewalk would be approximately twelve feet from the proposed road. At this time, the Illinois Department of Transportation has verbally stated this project will be permitted to have a right-in only turn lane going northbound on Route 31 . In addition, it appears the Illinois Department of Transportation will require the widening of U.S. Route 31 with a suicide lane in the center. However, the Illinois Department of Transportation is also considering an exclusive left turn only southbound on Route 31 . The Petitioners will construct the required U.S. route 31 road improvements in accordance with the Illinois Department of Transportation's requirements. Alderman Baird arrived at 7:40 p.m. Director of Public Works Batt inquired as to the possibility of a lot developing between this property and the proposed Blake public road, eliminating the desired future side ingress and egress for this property. City Administrator Lobaito noted the right-of-way location for proposed FAP420 makes this development possibility highly unlikely. Mayor Cuda then inquired as to whether any Alderman or anyone in the — audience had any comments and/or questions on the proposed annexation and rezoning of this property. There were none. Mayor Cuda asked City Clerk Althoff if the Clerk's office had received any written and/or oral comments on the proposed Annexation and zoning reclassification of this property. The Clerk reported there were none. There being no further discussion, Mayor Cuda asked for a motion to close the Public Hearing. Motion by Glab, seconded by Bolger, to close the Public Hearing at 7:45 p.m. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. It was the consensus of Council to direct Staff to incorporate the following amendments: • Extending the length of term of the Annexation Agreement from ten to twenty years; • Additional language shall be incorporated providing for the elimination of the U.S. Route 31 ingress and egress when and if a public access road is developed on the Blake Property located directly north and adjacent to the subject property. Further consideration of the proposed Annexation, Zoning Reclassification and Conditional Use Permit will occur as an Agenda item at the July 8, 1998 regularly scheduled Council Meeting. CONSENT AGENDA In response to Alderman Baird's inquiry, City Attorney McArdle noted the Illinois Landscape Contractors Bargaining Association and Local Unions 150 and 707 have reviewed and approved the prevailing wages for all the landscape classifications July 1 , 1998 Page 3 included in the City of McHenry's proposed ordinance. Motion by Glab, seconded by Murgatroyd, to approve the Consent Agenda as follows: 1 . Prevailing Wage Ordinance for Landscape Contractors; 2. Block Party Request, July 4, 1998 from 4:00 pm - 12:00 am: Graue Mill Court in Olde Mill Ponds Subdivision; 3. Picnic/Beer Permit Requests. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. REQUEST FROM NIMC AUXILIARY FOR USE OF PETERSEN PARK AND WAIVER OF ASSOCIATED FEES The Auxiliary of Northern Illinois Medical Center Craft Fair Committee Co-Chairs Carol Bradley and Neida Rechisky were in attendance. Ms. Bradley addressed Council requesting approval for the use of the City of McHenry's Petersen Park on Sunday, June 13, 1999 to host the Second Annual Fund-Raising Craft Show and the waiver of any associated fees, specifically, for signage. In addition, the Auxiliary has agreed to provide the required insurance certificates naming the City of McHenry as additional insured, and Health Department Permits. Motion by McClatchey, seconded by Bolger, to approve the waiving of all associated fees and to permit the use of the City of McHenry Petersen Park Beachfront Property to host the NIMC Auxiliary Second Annual Craft Show on Sunday, June 13, 1999, subject to Staff approval of all site plans and Staff verification of the required insurance certificates and Health Department Permits. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. In appreciation, and on behalf of the NIMC Auxiliary, Ms. Bradley and Ms. Rechisky presented a $300 check to the City of McHenry to be used for future Petersen Park improvements. REQUEST FOR FENCE VARIANCE - 5102 MALIBU COURT Petitioners Pauline Ledika and John Warner were in attendance. Ms. Ledika addressed Council and requested approval of height and location variances permitting the installation of an eight-foot high scalloped fence located three feet from the sidewalk along Crystal Lake Road. Director of Community Development Napolitano explained the City of McHenry Municipal Code requires a residential fence to be a minimum of 30 feet from a road right-of-way with a height not-to-exceed six feet. The Petitioners are seeking the additional fence height to provide added privacy and relief from traffic and noise on Crystal Lake Road. Crystal Lake Road is approximately two feet higher than the applicant's property. The additional fence height of two feet _ makes up for the change in grade. The proposed fence location, three feet from the existing sidewalk along Crystal Lake Road, as opposed to the required thirty feet from the road's right-of-way, permits the petitioners full use of their back yard. Director of Community Development Napolitano noted Council has in the past granted similar fence variances for properties abutting Crystal Lake Road. Some Discussion followed. Alderman Glab requested Council consider restricting the fence location to six feet from the existing sidewalk along Crystal Lake Road and even with the fence immediately adjacent to the north. Alderman Glab also suggested no landscaping be required, citing better line of sight for vehicular traffic. Further discussion followed regarding the Petitioners plan to stain the fence and their selection of a scalloped July 1, 1998 Page 4 board on board fence with Dover style toppers. In response to Mayor Cuda's inquiry, the Petitioners acknowledged the existence of an easement and the location of their proposed fence in relationship to this easement. Motion by McClatchey, seconded by Bolger, to grant fence variances as to height and location, for the property located at 5102 Malibu Court, permitting the installation of an eight-foot high board on board scalloped fence with Dover style toppers, located a minimum of three feet from the existing Crystal Lake Road sidewalk, subject to the installation of landscaping at various locations between the _ fence and sidewalk in order to break up the visual expanse of the fence as approved by City Staff. Voting Aye: Bolger, McClatchey, Murgatroyd, Baird. Voting Nay: Glab. Absent: None. Motion carried. RENEWAL OF LEASE AGREEMENT WITH MICHAEL "MICKEY" SIKULA - HICKORY CREEK BARN City Administrator Lobaito informed Council the City of McHenry's lease agreement with Mickey Sikula for the boarding of horses at Hickory Creek Farm located at 4400 McCullom Lake Road expires on July 31 , 1998. council should consider a one year renewal of the current lease as well as an increase in the monthly rent. City Administrator Lobaito noted the current arrangement consists of the following: • Monthly Lease Payment of $1 ,750.00. • Tenant is responsible for repairs and upkeep to the building; normal wear and damages due to fire, or other causes beyond tenant's control are excepted. • Utilities are the responsibility of the City. This includes gas and electric. The annual cost is approximately $6,200.00, or an average of $516.00/month. • Tenant has use of the 15-acre parcel on the north side of McCullom Lake Road for the purpose of making hay. • Tenant is responsible for mowing the site. • Tenant has private use of 10 stalls; there are 40 stalls in total. The one year renewal period is recommended in order to explore possible public uses of this facility. Noting the original monthly lease of $1,650 was based on the formula of 30 stalls for lease at $40.00 each plus monthly utilities, City Administrator Lobaito recommended the following monthly rental fee.: 30 stalls for lease at $45.00 each = $1 ,350.00 Monthly Utilities 516.00 TOTAL $1 ,866.00. Some discussion followed. Alderman Glab suggested language be included in the lease agreement permitting public access to the site once or twice a year. In response to Alderman Baird's inquiry, City Administrator Lobaito stated horse access to the McHenry County -- Conservation District's bike path is currently prohibited. Staff is initiating discussion with McHenry County Conservation District Personnel to permit horse access to these trails. It was noted the McHenry County Conservation bike path connects to Glacial Park where numerous horse trails are available. Future plans for property development will attempt to incorporate the recently acquired Petersen Farm Property for picnic areas, etc. Further discussion followed regarding public access to the pond for ice skating and to the lake for fishing and other lake activities. Alderman Murgatroyd, noting the current insurance liability language, suggested the lessee, Mickey Sikula, be required to purchase an umbrella policy for additional liability. July 1 , 1998 Page 5 Mayor Cuda recommended all these suggestions regarding public access and insurance requirements be incorporated into a new lease agreement which can be reviewed and considered further at the July 29, 1998 regularly scheduled Council meeting. Council concurred. City Administrator Lobaito enumerated the following lease agreement additions: • Public Access to the pond and lake front; • The ability by the City of McHenry to schedule periodically structured public Open Houses; • The purchase of additional liability umbrella insurance by the Lessee. Council concurred. AMENDMENT TO TRAFFIC CONTROL ORDINANCE - ADDITION OF STOP SIGNS Director of Public Works Batt stated as per Council direction, newly developed subdivisions have been reviewed for the placement and installation of stop signs. It is the recommendation of Staff to draft an ordinance amending Chapter 13 of the Municipal Code, Section 13-1104, authorizing the installation and creation of the following stop streets: Stop Street Intersecting Street Ridgeview Drive (NB) Bull Valley Road Capital Drive (NB/WB) Ridgeview Drive Court Street (WB) Pine Street Dartmoor Drive (WB) Crystal Lake Road Oakton Court (SB) Dartmoor Drive Loyola Drive (SB) Dartmoor Drive Cross Trail (SB) Dartmoor Drive Cross Trail (NB) Loyola Drive DePaul Court (SB) Loyola Drive Pebble Creek Drive (EB) Green Street Donnelly Place (NB/SB) Pebble Creek Drive Olde Mill Lane (NB) McCullom Lake Road Landings Court (WB) Olde Mill Lane Spring Creek Ln (WB/SB) Olde Mill Lane Boone Creek Circle (NB) Olde Mill Lane Graue Mill Court (NB) Spring Creek Lane Settlers Court (NB) Olde Mill Lane Crooked Tree Court (SB) Olde Mill Lane Trappers Court (SB) Boone Creek Circle Olde Mill Lane (NB) Boone Creek Circle (E) Dartmoor Drive (WB) Curran Road Newport Trail (NB) Dartmoor Drive Whitmore Trail (WB) Newport Trail Fieldstone Trail (WB) Newport Trail Eaglewood Trail (EB) Newport Trail Stonebridge Trail (EB) Whitmore Trail Whitmore Trail (NB) Dartmoor Drive Fieldstone Trail (WB) Whitmore Drive Some discussion regarding the placement of a stop sign at the intersection of Olde Mill Lane (northbound) and Boone Creek Circle (eastbound). It was the consensus of Council to direct Staff to periodically review the traffic patterns at this intersection, and, if appropriate, recommend a traffic study and/or the installation of an additional stop sign at this intersection. Alderman Murgatroyd stated his concern with continual Council action establishing traffic control signs in an attempt to slow speeders. Motion by Baird, seconded by McClatchey, to direct Staff to draft an ordinance amending the City of McHenry's Municipal Code Chapter 13, Section 13-1104, establishing the following stop streets in the City of McHenry: Stop Street Intersecting Street Ridgeview Drive (NB) Bull Valley Road Capital Drive (NB/WB) Ridgeview Drive Court Street (WB) Pine Street Dartmoor Drive (WB) Crystal Lake Road Oakton Court (SB) Dartmoor Drive Loyola Drive (SB) Dartmoor Drive Cross Trail (SB) Dartmoor Drive Cross Trail (NB) Loyola Drive DePaul Court (SB) Loyola Drive Pebble Creek Drive (EB) Green Street Donnelly Place (NB/SB) Pebble Creek Drive Olde Mill Lane (NB) McCullom Lake Road Landings Court (WB) Olde Mill Lane Spring Creek Ln (WB/SB) Olde Mill Lane Boone Creek Circle (NB) Olde Mill Lane Graue Mill Court (NB) Spring Creek Lane Settlers Court (NB) Olde Mill Lane July 1, 1998 Page 6 Crooked Tree Court (SB) Olde Mill Lane Trappers Court (SB) Boone Creek Circle Olde Mill Lane (NB) Boone Creek Circle (E) Dartmoor Drive (WB) Curran Road Newport Trail (NB) Dartmoor Drive Whitmore Trail (WB) Newport Trail Fieldstone Trail (WB) Newport Trail Eaglewood Trail (EB) Newport Trail Stonebridge Trail (EB) Whitmore Trail Whitmore Trail (NB) Dartmoor Drive Fieldstone Trail (WB) Whitmore Drive Voting Aye: Bolger, Glab, McClatchey, Baird. Voting Nay: Murgatroyd. Absent: None. Motion carried. RECOMMENDATION FROM PUBLIC WORKS COMMITTEE - AMENDMENT TO ANNEXATION AGREEMENTS - INLAND BUSINESS PARK AND INLAND'S OLDE MILL PONDS SUBDIVISION City Administrator Lobaito reported the Public Works Committee at its June 3, 1998 meeting voted unanimously to recommend to full Council the amendment of both the Inland Business Park and Olde Mill Ponds Subdivision Annexation Agreements to permit substitution of Surety Bonds for the required Letters of Credit for Public Improvements associated with each development, as well as to amend the Inland Business Park Annexation Agreement to reflect and extension of five years until, July 26, 2003, for the McHenry Bypass right-of-way reservation. Inland Land Appreciation representative Matt Fiascone attended the June 3, 1998 Public Works Committee Meeting and agreed to the five year extension for the McHenry Bypass right-of-way reservation. City Administrator Lobaito stated in order to make the changes recommended by the Public Works Committee, it will be necessary to conduct a Public Hearing and amend both the Annexation Agreement for the Olde Mill Ponds Subdivision and Inland's Business Park. A Public Hearing could be scheduled for the July 8, 1998 regularly scheduled Council Meeting. City Administrator Lobaito also _ noted City Attorney McArdle has developed, incorporating all of Council's recommendations, an acceptable Surety Bond form. Motion by Bolger, seconded by Baird, to direct Staff to schedule a Public Hearing for July 8, 1998, to amend both the Inland Business Park and Olde Mill Ponds Annexation Agreements permitting the substitution of Surety Bonds for the required Letters of Credit for Public Improvements, and extending the McHenry Bypass right-of- way reservation for an additional five years as stated in the Inland Business Park Annexation Agreement. Voting Aye: Bolger, Glab, McClatchey, Baird. Voting Nay: Murgatroyd. Absent: None. Motion carried. TRANSFER OF CLASS A-24 LIQUOR LICENSE Mayor Cuda, as Liquor Commissioner, informed Council a liquor license transfer request was received from Daniel J. Bailensen, who is purchasing Diversions, located at 2314 West Route 120, from its current owners Candace and J.R. Remmington. Mr. Bailensen has provided all the necessary paper work and paid the $250 transfer fee. He was interviewed by Mayor Cuda on Wednesday, June 24, 1998 and his application _ has been provided for Council review. Mr. Bailensen was fingerprinted by the McHenry Police Department on Tuesday, June 23, 1998. Mayor Cuda requested Council confirm his approval of the transfer of the Class A-24 Liquor License from DV8 Inc. d/b/a Diversions, for the premises located at 2314 West Route 120, to Tax Recovery Systems Inc., subject to the receipt of satisfactory fingerprint results. July 1 , 1998 Page 7 Motion by McClatchey, seconded by Murgatroyd, to approve the Mayor's recommendation and authorize the transfer of the Class A-24 Liquor License from DV8 Inc. d/b/a Diversions to Tax Recovery Systems Inc. of Woodstock, Illinois, subject to the receipt of satisfactory fingerprint results. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. In response to Alderman Baird's inquiry, Chief of Police Joyce noted the frequency of problems has decreased under Mr. Bailensen's management, however, the number of Police calls is still higher than normal when compared to other liquor establishments located within the corporate limits of the City of McHenry. MAYOR - STATEMENT AND REPORTS Mayor Cuda reported he, City Administrator Lobaito, and additional Staff members had met with McHenry Area Chamber of Commerce representatives regarding Fiesta Days. A final schedule of events will be provided to Council. COMMITTEE REPORTS Community Development Committee Chairman Alderman McClatchey scheduled a Community Development Committee Meeting for August 5, 1998 at 7:00 p.m. to discuss the Gerstad Builders subdivision advertisement sign located at the U.S. Route 120 and Crystal Lake Road intersection. STAFF REPORTS Director of Community Development Napolitano reported the Animal Control Ordinance discussed at the June 22,1998 regularly scheduled Council Meeting incorporating the new definitions of "Domestic Household Pet" and "Kennel" will be placed on the July 29, 1998 regularly scheduled Council Meeting Agenda for further discussion. Director of Public Works Batt reported Phase II of the Oaks of McHenry is currently undergoing the required archeological study. Staff has received official notification from the manufacturer the street lights selected for the Green Street revitalization project have been shipped. If these street lights are received by the City of McHenry in the next few days every effort will be made to install the street lights prior to the beginning of Fiesta Days on July 10, 1998. Noting numerous Public Works items for consideration, Director Batt requested a Public Works Committee Meeting be scheduled. Public Works Committee Chairman Alderman Bolger scheduled a Public Works Committee Meeting for Tuesday, July 21 , 1998 at 7:00 p.m. Staff was directed to provide Council with a list enumerating the specific Public Works Committee Meeting Agenda items. Chief of Police Joyce reported the "Do the Right Thing" Program recognizing individual acts of benevolence will be initiated during this Fiscal Year. Gift Certificate awards have been donated by area banks and McDonalds. In addition, the Violence Education Gang Awareness Program (VEGA) will be initiated in McHenry Elementary School District 15 Sixth Grade Classes and all Montini Catholic School Sixth, Seventh, and Eighth Grade Classes. In conclusion, Chief Joyce noted 19 area residents have registered for the Community Police Program beginning September 14, 1998. City Administrator Lobaito reported the Joint Adhoc Committee Meeting with the Village of Johnsburg representatives was tentatively scheduled for Wednesday, July 22, 1998 at 7:00 p.m. in the Aldermen's Conference Room at the McHenry Municipal Building. He also noted as Saturday, July 4, 1998 was an observed National Holiday, the Knox Park yard waste drop-off site would be closed. July 1 , 1998 Page 8 NEW BUSINESS In response to Alderman Baird's inquiry, Director of Public Works Batt noted the U.S. Route 120 and Riverside Drive traffic signal should under normal circumstances have been repaired within twenty-four hours. Apparently, a significant recurring problem resulted in the traffic signal's outage most of the weekend. Staff is aware of the problem and provided assurance of the signal's imminent repair. In response to Alderman Glab's inquiry, Director of Public Works Batt explained the utility lines affected by a dangling tree limb were not Commonwealth Edison lines, but Ameritech lines. Staff has notified the phone utility and requested correction. In response to Alderman McClatchey's inquiry, City Administrator Lobaito noted the proposed draft of the City of McHenry's franchise agreement with Telecommunications Inc. of Denver will be provided for Council review within the next few weeks. Alderman Murgatroyd requested a status report regarding the Green Street Revitalization Project. City Administrator Lobaito reported a July 21 , 1998 Bid Opening Date was anticipated. In response to Alderman Murgatroyd's request regarding the Lakeland Park Drainage Project, Public Works Director Batt explained the Public Works Staff was currently involved in the evaluation and development of Bid specifications for the resurfacing of the McHenry Municipal building's Parking Lot. Alderman Murgatroyd informed Council the last major rain did produce some detention pond overflow. Alderman Bolger noted the U.S. Route 31 and Anne Street intersection area requires additional riprap. EXECUTIVE SESSION Motion by Murgatroyd, seconded by Baird, to go into Executive Session at 8:55 p.m. to discuss Personnel Matters. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 8:55 p.m. Motion by Baird, seconded by Murgatroyd, to go back into Open Session at 9:55 p.m. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 9:55 p.m. ADJOURNMENT Motion by McClatchey, seconded by Glab to adjourn the meeting at 9:56 p.m. — Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. The meeting adjourned at 9:56 p.m. y CITY`CLERK /Z MAYOR