HomeMy WebLinkAboutMinutes - 05/06/1998 - City Council REGULAR MEETING
MAY 6, 1998
The Regular Meeting of the McHenry City Council was called to order by Mayor
Cuda at 7:30 P.M. on Wednesday, May 6, 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 7:48 p.m. Absent: None. City
Staff in attendance were: City Administrator Lobaito, City Clerk Althoff, City
Attorney McArdle, Director of Parks and Recreation Merkel, Director of Public Works
Batt, Director of Community Development Napolitano. Absent: Chief of Police Joyce.
TEN MINUTE PUBLIC INPUT SESSION
Mary Walter of 3200 Biscayne Road, and several of her neighbors were in
attendance. Ms. Walter stated she had previously requested a stop sign be installed
on Broadway at Biscayne. As no apparent action had been forthcoming, she and her
neighbors were again requesting Council consideration of the installation of a stop sign
on Broadway at Biscayne. After some discussion, it was the consensus of Council to
send consideration of this issue to a Public Works Committee Meeting.
PRESENTATION OF PLAQUE AND RESOLUTION TO VICKI LYNN SHEPPARD UPON
HER RESIGNATION AS CHAIRMAN OF THE PLAN COMMISSION
Mayor Cuda reminded Council Ms. Sheppard has submitted her resignation from
the City of McHenry's Plan Commission at the regularly scheduled April 22, 1998
Council Meeting. A Resolution acknowledging in appreciation and gratitude Ms.
Sheppard's efforts and many contributions to the City of McHenry was presented for
Council action.
Motion by Bolger, seconded by Glab, to pass a Resolution acknowledging in
appreciation and gratitude Ms. Sheppard's numerous efforts and contributions to the
City of McHenry upon her resignation from the City of McHenry Plan Commission.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd.
Voting Nay: None.
Absent: Baird.
Motion carried.
Mayor Cuda then presented the Resolution and a plaque of commendation to
Ms. Sheppard. Ms. Sheppard expressed her appreciation and regret at the need to
resign her position due to her unexpected relocation outside the City of McHenry
corporate limits.
CONSENT AGENDA
Motion by McClatchey, seconded by Glab, to approve the Consent Agenda as
follows:
1. April 22, 1998 Regular City Council Meeting Minutes;
2. Expenditure for Gift Certificate - Shirley Jenkins' Retirement;
3 . Special Event Liquor License - McHenry Area Chamber of Commerce:
Fiesta Days;
4. Ordinance Amending Traffic Code - Creating Stop Street on NB Pine
Drive at Mc Cullom Lake Road;
5. List of As-Needed Checks:
GENERAL FUND:
CHECK# VENDOR NAME AMOUNT
89411 CUSTOM LANDSCAPING $ 22319.00
89412 MCHENRY POLICE OFFICERS $ 725.00
89413 MCHENRY POLICE OFFICERS $ 2000.00
89414 MCHENRY POLICE OFFICERS $ 125.00
89415 ILLINOIS STATE POLICE $ 38.00
89416 FIRST MIDWEST BANK $ 1876.00
89417 INSURANCE CLAIMS ACCOUNT $ 16491.12
89418 WATER/SEWER FUND $ 1423.95
89419 CAPITAL DEVELOPMENT $ 8349.00
89420 ILLINOIS DEPT OF REVENUE $ 19.50
89421 PAYROLL ACCOUNT $ 910.59
89458 AMERICAN APPRAISAL ASSOC $ 1246.44
89459 INSURANCE CLAIMS ACCOUNT $ 6454.42
89460 DANIEL KREASSIG $ 45.20
89461 PATRICIA A LAYCOCK $ 55.65
89462 POSTMASTER MCHENRY IL $ 2158.54
89463 WATER/SEWER FUND $ 125000.00
89464 RETAINED PERSONNEL ESCROW $ 250.00
89465 PETTY CASH FUND $ 115.84
Report Totals 189603.25
May 6, 1998 Page 2
WATER/SEWER FUND:
CHECK# VENDOR NAME AMOUNT
14359 GENERAL FUND $ 125000.00
14360 JOEL KENNEDY CONSTRUCTING $ 99409.06
Report Totals 224409.06
6. List of Bills:
GENERAL FUND:
CHECK# VENDOR NAME AMOUNT
89487 BERRY BEARING COMPANY $ 55.18
89488 BILL BROGAN $ 225.00
89489 RAYMOND J DONAHUE $ 225.00
89490 GEORGE T ERKENSWICK $ 225.00
89491 ICMA $ 57.50
89492 THOMAS M JENKINS $ 225.00
89493 PATRICK J JOYCE $ 225.00
89494 PLANNING RESOURCES INC $ 2327.90
89495 KENNETH J PRAZAK $ 225.00
89496 RADICOM INC $ 36.70
89497 RIVERSIDE BAKE SHOP $ 20.60
89496 SECRETARY OF STATE $ 10.00
89499 GARY R WIGMAN $ 225.00
89500 ROLAND WOOD $ 225.00
89501 MEHAN, NANCY $ 25.00
Report Totals 4332.88
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd.
Voting Nay: None.
Absent: Baird.
Motion carried.
Alderman McClatchey requested Staff be instructed to install the stop sign
northbound on Pine Street at McCullom Lake Road as soon as possible. City
Administrator Lobaito acknowledged the request.
REQUEST FOR VARIANCE FROM MUNICIPAL CODE REGARDING RESIDENTIAL
DRIVEWAY WIDTHS
Mayor Cuda requested this item be postponed until the arrival of Alderman
Baird. Council concurred.
FINAL PLAT - COLOMER SUBDIVISION
John Colomer, Petitioner, and his attorney, Mark Saladin, of Militello, Zanck and
Coen, were in attendance. Mr. Saladin addressed Council noting the subject property
is located on the east side of Richmond Road north of the McHenry Commons
Shopping Center. The subdivision is comprised of approximately three acres and
contains two lots. The City of McHenry approved the annexation, C5 zoning, and
Preliminary Plat for this property in October of 1997. The property is vacant,
however, extensive grading has been completed and the underground improvements
are currently under construction. Access to Illinois State Route 31 shall be through
a shared 30-foot access easement located along the property line between lots 1 and
2. This easement shall also extend across the northeast corner of lot 1 to allow
access to a planned parking area on lot 2. The Final Plat contains language which
restricts the subdivision access to this point and requires the City's prior consent to
the vacation of this easement.
Staff required improvements to Illinois State Route 31 include the construction _
of a twelve-foot wide deceleration lane for northbound traffic and widening the
pavement along the section to 36 feet. The Illinois Department of Transportation has
reviewed the proposed subdivision and improvements. The Illinois Department of
Transportation has determined that a left-turn lane for southbound traffic is not
warranted for this development. The 36-foot pavement width, however, could
accommodate a left-turn lane through restriping if deemed necessary.
Attorney Saladin also informed Council, although the Illinois Department of
Transportation has approved an permitted this project, execution of the Final Plat by
Illinois Department of Transportation will not occur until the required property is
conveyed to the Illinois Department of Transportation, as per the terms and conditions
of recent state legislation.
May 6, 1998 Page 3
City Administrator Lobaito, citing the proposed one-way traffic pattern for lot
1 , as well as the grade difference in retaining wall located between the two properties,
stated Staff's suggestion regarding the creation of an additional access point into the
McHenry Commons Shopping Center from this subdivision, is no longer feasible.
Motion by McClatchey, seconded by Glab, to accept the unanimous
recommendation of the Plan Commission, and approve the Final Plat of the Colomer
Subdivision, dated October 27, 1997, subject to the condition that the Final Plat be
recorded within six months of the date of approval.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd.
Voting Nay: None.
Absent: Baird.
Motion carried.
REQUEST FOR CONDITIONAL USE PERMIT FOR "DRIVE-THROUGH' RESTAURANT -
STEAK 'N SHAKE
Project Manager Max Malz was in attendance, representing the Petitioner, Steak
'n Shake, Inc. Mr. Malz addressed Council stating Steak 'n Shake Inc. is the contract
purchaser for lot 1 of the proposed Colomer Subdivision, located on the east side of
north Richmond Road, adjacent to the north property line of the McHenry Commons
Shopping Center. The City approved the annexation, C5 zoning, and Preliminary Plat
for the property in October of 1997. The Petitioners are requesting a Conditional Use
Permit to allow the establishment of a drive-through Steak 'n Shake Restaurant at
2100 North Richmond Road. As stated previously, access to this site from North
Richmond Road will be through a shared driveway located along the north property
line.
Staff, referencing the proposed Site Plan, stated the required parking spaces
and stacking for the drive-through are in compliance with the City of McHenry Zoning
Ordinance. In addition, Staff has reviewed the shared driveway plans, and the
proposed subdivision's roadway improvements, insuring this project will not adversely
affect traffic flow on north Richmond Road. The Zoning Board of Appeals at its March
30, 1998 meeting, recommended approval of the Conditional Use Permit for Steak 'n
Shake Inc. by a vote of 4-0 with three members being absent.
Motion by McClatchey, seconded by Glab, to accept the unanimous
recommendation of the Zoning Board of Appeals and grant a Conditional Use Permit
to Steak 'n Shake Inc. to allow the construction and operation of a restaurant having
a drive-through facility, to be located at 2100 North Richmond Road, McHenry.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd.
Voting Nay: None.
Absent: Baird.
Motion carried.
REQUEST FROM INLAND DEVELOPMENT CORPORATION - SURETY BONDS
City Administrator Lobaito referenced the letter received by the City of McHenry
from Inland Real Estate Development Corporation Vice President Matthew Fiascone.
Mr. Fiascone is requesting the City of McHenry accept a Surety Bond in lieu of a Letter
of Credit for the Olde Mill Ponds Subdivision and a Construction Bond in lieu of a
Letter of Credit for Inland Business Park. City Administrator Lobaito reminded Council
recent changes in state law require municipalities to accept Surety Bonds for public
improvements associated with development.
Council recently approved amendments to the City of McHenry's Subdivision
Control Ordinance incorporating the new statute requirements and stipulating specific
bond rating requirements. Inland Real Estate Development Corporation has agreed to
comply with the City of McHenry's Subdivision Control Ordinance Amendments
regarding Surety Bonds. Council approval is required to accept the exchange of
Surety Bonds for the Letters of Credit.
Alderman Baird arrived at 7:48 p.m.
May 6, 1998 Page 4
Some discussion followed. In response to Council inquiry, City Administrator
Lobaito noted the specified time frame for reserving the West McHenry Bypass Right-
of-Way, guaranteed in the Inland Business Park Annexation Agreement with the City
of McHenry, expires in July of this year. Council express interest in extending this
time frame.
Mayor Cuda noted both these issues, the McHenry Bypass Right-of-Way
reservation and the replacement of the Letters of Credit with Surety Bonds, could be
discussed as amendments to the original Annexation Agreements. It was the
consensus of Council to schedule a Public Works Committee Meeting for next
Wednesday, May 13, 1998, at 7:00 p.m. Staff was directed to invite Mr. Fiascone,
Vice President of Inland Real Estate Development Corporation, to attend.
Noting Alderman Baird's arrival, Mayor Cuda requested Council concurrence to
consider Agenda Item #2, Request for Variance from Municipal Code Regarding
Residential Driveway Width. Council concurred.
REQUEST FOR VARIANCE FROM MUNICIPAL CODE REGARDING RESIDENTIAL
DRIVEWAY WIDTHS
Roger Gerstad, Executive Vice President of Gerstad Builders, Inc., was in
attendance. Mr. Gerstad addressed Council stating Gerstad Builders in requesting
Council consider approving a variance from Section 21-58 of the Municipal Code for
Driveway Widths, restricting the maximum width of a residential driveway to twenty
feet as measured at the street edge of sidewalk. Mr. Gerstad explained construction
of Phase II of the Timber Trails Townhouse Development along McCullom Lake Road
and Pine Drive has commenced. The twenty foot width permitted in Section 21-58
of the Municipal Code is not adequate for three and four car garages which are
typically used for multi-family townhouse units and which are proposed for the
Gerstad Builders Phase II Timber Trails Townhouse Development. Staff supports Mr.
Gerstad's request and suggested amending the Municipal Code to permit wider
driveway widths on public streets for three and four car garages. Mr. Gerstad —
suggested an allwance of five additional feet for each garage bay in excess of two.
Mayor Cuda stated his support for amending the Municipal Code permitting
wider driveway widths, but only for multi-family dwellings, not for single family
residential homes. City Administrator Lobaito recommended the variance if granted
be limited to driveways on Pine Drive south of McCullom Lake Road, as Pine Drive is
the only public street within Phase II of the Timber Trails Townhouse Development.
Some discussion followed.
Referencing the off-site Trails of Winding Creek advertisement sign located at
the Route 120 and Crystal Lake Road intersection, Alderman Baird stated his distress
with Mr. Gerstad's recent activity changing the sign verbiage to promote his newest
subdivision, Boone Creek. Alderman Baird suggested Mr. Gerstad's request for a
variance from Section 21-58 of the Municipal Code permitting wide driveway widths
for three and four car garages associated with multi family townhouse units, as well
as the status of the advertisement sign located at the intersection of Route 120 and
Crystal Lake Road, be sent to the Community Development Committee for further
consideration and discussion.
Motion by Glab, to deny a variance from Section 21-58 of the Municipal Code
permitting a wider driveway width as stipulated by Staff for the multi-family —
townhouse units in Phase II of the Timber Trails Townhouse Development located on
Pine Drive south of McCullom Lake Road.
Motion died for lack of a second.
May 6, 1998 Page 5
Motion by Baird, seconded by McClatchey, to schedule a Community
Development Committee meeting to discuss the Gerstad Builders request for a
variance from Section 21-58 of the Municipal Code permitted wider driveway widths
for three and four car garages for multi-family townhouse units on Pine Drive, south
of McCullom Lake Road and to discuss further the status of the off-site advertisement
sign located at the intersection of Route 120 and Crystal Lake Road.
Voting Aye: Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: Bolger,
Absent: None.
Motion carried.
Alderman Murgatroyd also requested Staff provide information on the permitted
widths of driveways for three and four car multi-family unit garages in surrounding
municipalities.
1998-1999 FISCAL YEAR BUDGET
City Administrator Lobaito informed Council the Finance Committee is
recommending approval of the 1998-1999 City of McHenry Budget as presented. City
Administrator Lobaito noted the proposed 1998-1999 City of McHenry Budget reflects
approximately $20 million in expenditures including the Petersen Farm Property
Purchase, West McHenry Bypass, Green Street Revitalization, the Green Street Phase
IV Construction, and the Central Wastewater Treatment Plant Nitrification. All Capital
projects discussed and approved at the Finance Committee level have been included.
The surplus of approximately $140,000 was noted by Finance Committee Chairperson
Alderman Murgatroyd.
Motion by Baird, seconded by Murgatroyd, to approve the 1998-1999 City of
McHenry Budget as presented reflecting $20,130,199 in expenditures including the
following Personnel Items:
• A 3.0% Raise for non-contracted employees
• The inclusion of the purchase of shoes in the clothing allowance for all non-
contracted employees
• Approval of overtime pay for all Police Department Sergeants
• Approval of a minimum of two hour wages or compensation time for call-outs
for the Wastewater Treatment Plant Supervisor.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR - STATEMENT AND REPORTS
Mayor Cuda informed Council a Revolving Loan request had been received from
Joseph Rubino of D & J Automotive parts located at 926 North Front Street. The
Revolving Loan Committee consisting of the Finance Committee members, Mayor and
City Administrator, should schedule a meeting to review Mr. Rubino's application. A
Revolving Loan Committee meeting was scheduled for Wednesday, May 20, 1998,
at 7:00 p.m. in the Aldermen's Conference Room of the Municipal Center. Staff was
directed to invite Mr. Rubino to attend.
_ COMMITTEE REPORTS
Community Development Committee Chairperson Alderman McClatchey
scheduled a Community Development Committee meeting for Wednesday, May 20,
1998 at 6:30 p.m. to discuss the Gerstad Driveway variance request as well as the
status of the off-site advertisement sign located at the intersection of Route 120 and
Crystal Lake Road.
STAFF REPORTS
Director of Community Development Napolitano reported he had attended the
Landmark Commission Meeting on Tuesday, May 5, 1998, to discuss the Historic
Preservation Ordinance changes. All outstanding issues have been resolved and the
May 6, 1998 Page 6
Historic Preservation Ordinance will be distributed for Council review two weeks prior
to its appearance as an Agenda Item at the regularly scheduled May 20, 1998 Council
Meeting.
EXECUTIVE SESSION
Motion by Murgatroyd, seconded by Glab, to go into Executive Session at 8:15
p.m. to discuss Potential Litigation.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. _
Voting Nay: None.
Absent: None.
Motion carried.
Council went into Executive Session at 8:15 p.m.
Motion by Bolger, seconded by Glab, to go back into Open Session at 8:45 p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Council went back into Open Session at 8:45 p.m.
Mayor Cuda announced a draft copy of the proposed Border Agreement
between the City of McHenry and the Village of Johnsburg had not yet been received.
Mayor Cuda spoke with the Johnsburg Village Attorney who stated his intent to speak
with Village President David Dominguez regarding the status of this document. He will
keep Council apprised as to the status of this issue.
ADJOURNMENT
Motion by McClatchey, seconded by Glab to adjourn the meeting at 8:45 p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting adjourned at 8:45 p.m.
,.
TY CLEW/ MAYOR