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HomeMy WebLinkAboutMinutes - 01/14/1998 - City Council REGULAR MEETING JANUARY 14, 1998 The Regular Meeting of the McHenry City Council was called to order by Mayor Cuda at 7:30 P.M. on Wednesday, January 14, 1998 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, McClatchey, Murgatroyd, Baird. Absent: Glab. City Staff in attendance were: City Administrator Lobaito, City Clerk Althoff, City Attorney McArdle, Director of Public Works Batt, Chief of Police Joyce, Director of Parks and Recreation Merkel, City Planner Maggio. Absent: None. T TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Ten Minute Public Input Session. CONSENT AGENDA In response to Alderman Baird's request, Item #2, Resolution Urging Illinois Commerce Commission to hold any and all Public Hearings regarding McHenry Shores Water Company at the McHenry Municipal Center, was removed from the Consent Agenda for further discussion. Motion by Baird, seconded by Bolger, to approve the Consent Agenda as follows, subject to the removal of Item #2: 1. Tuition Reimbursement Request-Officer Kathleen Leonard, SPA 252-Intermediate Spanish II: $177.00; Voting Aye: Bolger, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: Glab. Motion carried. City Administrator Lobaito informed Council it was no longer necessary to pass the drafted resolution as Staff had discovered a similar resolution had been passed in 1997. City Administrator Lobaito also explained a motion to intervene had been drafted by City Attorney McArdle and submitted to the ICC requesting any and all Public Hearings regarding the McHenry Shores Water Company be held at the Municipal Center Building in McHenry. City Administrator Lobaito will also attend, via telephone conference, the ICC Status Hearing on January 15, 1998. Council will be kept apprised of the situation, in particular, the hearing dates schedule. ANNEXATION OF ADDITIONAL TERRITORY - OAKS OF MCHENRY TOWNHOMES The Petitioner, Roger Gerstad of Gerstad Builders Inc., McHenry, Illinois, was in attendance. City Administrator Lobaito explained the subject property, the Oaks of McHenry Townhomes, was originally annexed in 1979 as part of a larger single family development. The preliminary subdivision plan was modified and the property was rezoned to RA-1 to permit the Oaks of McHenry Townhomes in 1988 and 1989. A .32 acre subject property was added to this subdivision during the Public Hearing process for the rezoning. It was discovered during the preparation of the Final Plat for the last phase of this subdivision that the City had never formally annexed the twenty to thirty-foot wide strip adjacent to the Oaks of McHenry Townhomes property. Some discussion followed. Staff noted no dwelling unit based fees or donations are required as no additional units are proposed as part of this annexation. In addition, at the time of the original annexation of the Oaks of McHenry property in 1979, acreage based annexation fees were not required. City Planner Maggio also informed Council a $320 Annexation Fee would be required today, as per Council's policy of requiring a $1 ,000/acre Annexation Fee for residential property. Further discussion followed. Alderman Bolger recommended Council waive the $320 Annexation Fee due to the extenuating circumstances. January 14, 1998 Page 2 Motion by Baird, seconded by McClatchey, to pass an ordinance annexing the twenty to thirty foot wide strip of approximately .32 acres adjacent to the Oaks of McHenry Townhomes property as depicted on Exhibit "A", Plat of Annexation, subject to the payment of a $320 Annexation Fee. Voting Aye: McClatchey, Murgatroyd, Baird, Cuda. Voting Nay: Bolger. Absent: Glab. Motion carried. REQUEST FOR CONDITIONAL USE PERMIT - RAINBOW MIDWEST, INC (CHARLES & ANDREA FOSTER), 4611 WEST ELM STREET Mayor Cuda requested Council postpone discussion of this Agenda Item as Rainbow Midwest Inc. representative Joanne Barrus was not yet in attendance. Noting the inclement weather and traffic congestion, Council concurred with the Mayor's request. PROPOSED REVISION OF PRELIMINARY PLAT - BOONE CREEK SUBDIVISION Petitioners David and Donald Backhaus were in attendance. David Backhaus addressed Council and stated he and his brother were requesting Council approve a revision to the previously approved Preliminary Plat of Boone Creek Subdivision incorporating approximately five acres of property located on the east side of Curran Road approximately 850 feet south of the proposed Dartmoor Drive. The proposed revision will result in the addition of nine single family lots increasing the single family lot total from 355 lots to 364 lots. The total number of multi-family lots remains unchanged at 22 units. City Planner Maggio noted the increase maintains conformance with the maximum number of single family lots established in the Annexation Agreement for this property. In response to Council inquiry, City Planner Maggio noted the subject property is currently zoned RS-2 and includes two existing houses and two metal barns. The -- proposed subdivision revision would create a separate lot for each existing house and the existing metal barns would be removed to accommodate the proposed revision. The property is currently annexed to the City of McHenry. The City Engineers have reviewed the proposed revision to the Boone Creek Preliminary Plat and have indicated the additional territory can be incorporated into the subdivision and be adequately served by the planned storm water, sanitary and water facilities. City Administrator Lobaito reported the Plan Commission had reviewed the proposed revision at their December 18, 1997, regularly scheduled meeting and unanimously recommended approval of the proposed revision to the Boone Creek Preliminary Plat subject to the following three conditions: • Access from the two existing houses shall be permitted to either Curran Road or the new cul-de-sac, but not both; • Consider changing the name of Jabberwocky Court; • A berm shall be installed along the entire length of Curran Road as per the previous agreement between the City and the developer. City Administrator Lobaito noted access restrictions and berming requirements would be added restrictions on the Final Plat. Some discussion followed regarding the existing access to Curran Road. Alderman Murgatroyd recommended establishing a time frame for vacating the Curran Road access by these two single family property owners. The Petitioners recommended a "triggering action", suggesting the McHenry Bypass construction. A lengthy discussion ensued. Mayor Cuda noted mature landscaping exists along the Curran Road property line of the two existing single family lots. Requiring a continuation of the existing berm would in all likelihood result in the destruction of the current landscaping. After some discussion, it was the consensus of Council to require the landscaping currently in place on the two existing single family lots be incorporated as per City Staff direction into the required subdivision berm along Curran Road. Discussion continued January 14, 1998 Page 3 regarding the existing lots current access to Curran Road. It was the consensus of Council to direct Staff to establish language to be included, on the Final Plat, regarding the vacation of the two existing lots access to Curran Road. Motion by Baird, seconded by McClatchey, to accept the unanimous recommendation of the Plan Commission and approve the revised Preliminary Plat for Boone Creek Subdivision prepared by Howard Surveying Company with a revision date of November 26, 1997 subject to the following conditions: • Permit two existing driveways to access Curran Road and denying any future access onto both Curran Road and the cul-de-sac; • Incorporating the mature landscaping located along the existing single family lots Curran Road property line, into the required Boone Creek Subdivision Curran Road berm; • Waiving any and all Developer Donation Fees from the two existing single family home improved lots; • Proposing language to be incorporated on the Boone Creek Final Plat establishing a time frame for the vacation of the Curran Road access. Voting Aye: Bolger, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: Glab. Motion carried. Mayor Cuda noting the arrival of the Rainbow Midwest Inc. representative, requested Council address Agenda Item #3. REQUEST FOR CONDITIONAL USE PERMIT - RAINBOW MIDWEST INC (CHARLES & ANDREA FOSTER), 4611 WEST ELM STREET Rainbow Midwest Inc. representative Joanne Barrus was in attendance. Applicants, Charles and Andrea Foster, are the sole owners of Rainbow Midwest Inc. and are requesting a Conditional Use Permit for an Open Sales Lot to permit the outdoor display and sale of children's playground equipment at 4611 West Route 120. City Administrator Lobaito explained the main display and sales area would be an 80' by 92' area located on the east side of the building. This area would be an active sales and play area layered with wood chips with permitted access only through the sales building. A 48' by 92' area located on the west side of the building would be used mainly for loading, but there would be some occasions when assembled equipment would be stored in this area. The applicants have proposed to enclose the outdoor areas on both sides of the building with an iron fence that would be installed in alignment with the front of the building. A solid wood fence exists along the entire southern property line. City Administrator Lobaito noted the applicants have also requested approval to place one unit of equipment along Elm Street at the front edge of the property. A lengthy discussion followed regarding the equipment display located along Elm Street. Alderman McClatchey stated his concerns regarding the equipment display's proximity to a major highway. Alderman Baird stated his reluctance to approve both the proposed signage as well as the Elm Street display area. Further discussion occurred regarding public access to the Elm Street equipment display area. City Administrator Lobaito noted the proposed display area along Elm Street is substantially on the petitioner's private property and behind the 15 foot right-of-way. In response to Council inquiry Staff noted the petitioners have agreed to stripe the parking lot in compliance with City codes. Alderman Bolger noted the Zoning Board of Appeals unanimously recommended at their December 1 , 1997 regularly scheduled meeting to grant the Petitioner's request for a Conditional Use Permit. Motion by Baird, to accept the unanimous recommendation of the Zoning Board of Appeals and grant a Conditional Use Permit to allow two Open Sales Lots for playground equipment located on the east and west sides of the building as well as a display site along Elm Street subject to the elimination of the use of the existing sign post and the removal of same. January 14, 1998 Page 4 Further discussion ensued. Alderman Baird withdrew his original motion. Motion by Bolger, seconded by Murgatroyd, to accept the unanimous recommendation of the Zoning Board of Appeals and to pass an ordinance granting a Conditional Use Permit allowing two Open Sales Lots for playground equipment to be located on the east and west sides of the building located at 4611 West Elm Street, and a display site located along Elm Street, subject to the following conditions: • The outdoor sales and display areas shall be permitted only in the locations as depicted in the site plan attached to the ordinance as Exhibit „A,,. • The outdoor display areas shall be enclosed with wrought iron or similar type fencing on the front, and solid wood type fencing on the side and rear; • The outdoor display area at the north edge of the property along Route 120 shall contain no more than one piece of playground equipment and shall be landscaped; • There shall be no outdoor storage of materials other than assembled playground equipment; • The parking area shall be striped in compliance with City Code. Voting Aye: Bolger, Murgatroyd, Cuda. Voting Nay: McClatchey, Baird. Absent: Glab. Motion carried. TCI FRANCHISE RENEWAL NEGOTIATION City Administrator Lobaito stated the current Cable Franchise Agreement with TCI of Illinois Inc. expires in May, 1998. As previously reported, the City of McHenry has teamed with the Village of Johnsburg and the City of Woodstock to renegotiate the Agreement. Richard Flood, of Zukowski, Rogers, Flood & McArdle, will be the lead attorney negotiating this Agreement with the expenses being shared by the three municipalities. In an attempt to ascertain how well the operator is complying with the current franchise agreement, City Administrator Lobaito is recommending: • A survey be sent out in the City's February Newsletter; • A franchise fee compliance audit be performed. City Administrator Lobaito noted information received from the survey will provide a basis for negotiations and the audit will determine whether the City of McHenry has received its full revenue share. Proposals for the auditing service are currently being sought. It is estimated the audit will cost approximately $2,000 for each municipality. It was the consensus of Council to include the survey in the February City Newsletter as opposed to hosting a Public Hearing. Mayor Cuda recommended including a copy of the survey on the City of McHenry's web site. In response to Alderman Baird's inquiry, Staff explained the current franchise agreement is not exclusive and service rates are regulated by the Federal government. Alderman Murgatroyd, noting the Village of Cary's fifteen year franchise term, suggested a five-year term be negotiated with automatic renewals of five year periods. Alderman Baird also requested Staff investigate regulating the late fee. City Administrator Lobaito reported input from the other taxing bodies, McHenry Township Fire Protection District, McHenry High School District 156, McHenry Elementary School District 15, and McHenry Public Library District, has been sought. Motion by Murgatroyd, seconded by Bolger, to authorize the expenditure of City funds to conduct a franchise fee compliance audit with TCI of Illinois Inc. Voting Aye: Bolger, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: Glab. Motion carried. City Administrator Lobaito also noted negotiation sessions will be scheduled on a rotating basis from community to community. January 14, 1998 Page 5 ORDINANCES ABATING REAL ESTATE TAXES Mayor Cuda informed Council the following bonds were to be payable from sales tax collected by the City: • The 1990 Alternate General Obligation Bond to construct the Municipal Center; • The 1997 Series A Alternate General Obligation Bond to extend the sanitary sewer east of the Fox River; • The 1997 Series B Alternate General Obligation Bond to expand the South Wastewater Treatment Plant. To insure the security of the repayment of these bonds to the bond holders, the bonds are secured by the full faith and credit of the municipality and are included in the real estate property tax levy. It has always been the stated intention of the City of McHenry to abate these real estate taxes every year. Motion by McClatchey, seconded by Baird, to pass an ordinance abating the 1997 real estate taxes for the 1990 Alternate General Obligation Bond to construct the Municipal Center in an amount of $330,000. Voting Aye: Bolger, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: Glab. Motion carried. Motion by Bolger, seconded by Murgatroyd, to pass an ordinance abating the 1997 real estate taxes for the 1997 Series A Alternate General Obligation Bond to extend the sanitary sewer system east of the Fox River in an amount of $323,750. Voting Aye: Bolger, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: Glab. Motion carried. Motion by Murgatroyd, seconded by McClatchey, to pass an ordinance abating the 1997 real estate taxes for the 1997 Series B Alternate General Obligation Bond for the expansion of the South Wastewater Treatment Plant in an amount of $127,675. Voting Aye: Bolger, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: Glab. Motion carried. SEMI-ANNUAL DISTRIBUTION OF DEVELOPER DONATION FEES TO TAXING ENTITIES City Clerk Althoff reported as outlined in the City's Subdivision Control Ordinance, Council must direct the City Clerk to disperse Developer Donation Fees collected during the last half of 1997 to the appropriate taxing bodies. The dispersement of funds is as follows: • McHenry School District 156 $ 64,672.30 • McHenry School District 15 $120,105.70 • McHenry Public Library District $ 24,058.00 • McHenry Township Fire Protection District $ 24,494.00 for a total dispersement of $233,330.00. January 14, 1998 Page 6 Motion by McClatchey, seconded by Murgatroyd, to approve the dispersement of semi-annual Developer Donation Funds collected the last of 1997 to: • McHenry School District 156 $ 64,672.30 • McHenry School District 15 $120,105.70 • McHenry Public Library District $ 24,058.00 • McHenry Township Fire Protection District $ 24,494.00 for a total dispersement of $2331330.00. Voting Aye: Bolger, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: Glab. Motion carried. Mayor Cuda requested invitations be sent all taxing districts requesting a representative be present for the dispersement of these funds in July for the first half of the 1998 calendar year. City Clerk Althoff acknowledged his request and stated compliance. MAYOR - STATEMENT AND REPORTS Mayor Cuda reported a meeting had been scheduled for next Wednesday, January 21 , 1998, with Al Jourdan, Ray Roberts, City Administrator Lobaito, and himself to discuss Phase III of the Bull Valley Arterial. Mr. Roberts has expressed interest in annexing to the City of McHenry during this process. COMMITTEE REPORTS Parks and Recreation Committee Chairman Alderman Baird suggested the dates of January 27, 1998, or January 28, 1998 for the next Parks and Recreation Committee Meeting at 7:00 p.m. Committee members were instructed to contact Director of Parks and Recreation Merkel with their preference. Finance Chairman Alderman Murgatroyd reminded Council of the Finance Committee Meeting scheduled for next Tuesday, January 20, 1998 at 7:00 p.m. Budget discussions will begin. Alderman Bolger reported a Building and Zoning Committee Meeting had been held this evening at 6:00 p.m. in the Aldermen's Conference Room to discuss the Historic Preservation Ordinance. Members of the Landmark Commission were in attendance. However, due to inclement weather, a committee quorum was not present. City Administrator Lobaito stated he will make a full report later in the meeting. STAFF REPORTS Director of Parks and Recreation Merkel distributed information on the Bike Path preconstruction meeting held in Schaumburg, on Monday, January 12, 1998. He noted construction was scheduled to begin in the Spring. Council will be kept apprised of this project's progress. City Administrator Lobaito reported the Phase 1 Environmental Study on the Petersen Property north of McCullom Lake Road will be completed in approximately ten days. City Administrator Lobaito had also met with Joseph Roth, a CorLands representative, on Tuesday, January 13, 1998, to discuss the feasibility of obtaining an OSLAD (Open Space Land Acquisition and Development) Grant for the north McCullom Lake Road Petersen Property purchase. Further written information will be provided Council at a later date. In response to Council inquiry, City Administrator Lobaito noted the cost of the Phase 1 Environmental Study will be approximately $3,00045,000. City Administrator Lobaito also informed Council a recommendation will be forthcoming at the January 21 , 1998 regularly scheduled Council Meeting on the selection of the new Community Development Director. January 14, 1998 Page 7 The meeting between the Village of Johnsburg representatives and the City of McHenry representatives has been rescheduled for Thursday, January 29, 1998. Referencing the Building and Zoning Committee Meeting, City Administrator Lobaito reported the Historic Preservation Ordinance had been modified to reflect input obtained from the City of McHenry's Zoning Board of Appeals and Plan Commission members. It was his recommendation to send the Ordinance to City Attorney McArdle for legal review prior to bringing the Ordinance before Council for review and possible final action. City Administrator Lobaito also noted a meeting among Mayor Cuda, Landmark Commission Chairperson Nancy Fike, and himself has been scheduled for next week to go over some of the outstanding issues regarding the Ordinance. Motion by McClatchey, seconded by Bolger, to authorize Staff to send the Historic Preservation Ordinance draft to City Attorney McArdle for legal review. Voting Aye: Bolger, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: Glab. Motion carried. City Clerk Althoff reminded Council they had been invited to be the guest speakers at the McHenry Area Chamber of Commerce's March luncheon. She requested Council select a convenient date. Council suggested any Monday, Wednesday, or Friday, toward the end of the month. NEW BUSINESS Alderman Bolger informed Council he had been receiving favorable comments with regard to the City's recent purchase of the north McCullom Lake Road Petersen Property. Mayor Cuda thanked Council for their efforts in obtaining this property. EXECUTIVE SESSION Motion by Murgatroyd, seconded by Bolger, to go into Executive Session to discuss Personnel. Voting Aye: Bolger, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: Glab. Motion carried. Council went into Executive Session at 9:07 p.m. Motion by Bolger, seconded by Murgatroyd, to go back into Open Session. Voting Aye: Bolger, McClatchey, Murgatroyd. Baird. Voting Nay: None. Absent: Glab. Motion carried. Council went back into Open Session at 9:18 p.m. ADJOURNMENT Motion by McClatchey, seconded by Murgatroyd, to adjourn the meeting at 9:19 P.M. Voting Aye: Bolger, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: Glab. Motion carried. The meeting adjourned at 9:19 p.m. CITCLERK( �' MAYOR