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HomeMy WebLinkAboutMinutes - 05/05/1999 - City Council REGULAR MEETING MAY 5, 1999 The Regular Meeting of the McHenry City Council was called to order by Mayor Cuda at 7:30 P.M. on Wednesday, May 5, 1999 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, Murgatroyd. Alderman Baird arrived at 7:45 p.m. Absent: McClatchey. City Staff in attendance were: City Administrator Lobaito, City Clerk Althoff, City Attorney McArdle, Acting Chief of Police Erkenswick, Director of Public Works Batt, Director of Community Development Napolitano. Absent: Director of Parks and Recreation Merkel. Mayor Cuda conducted the Swearing in Ceremony of newly—elected Aldermen Andrew Glab of Ward 2 and Steven Murgatroyd of Ward 4. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Ten Minute Public Input Session. PRESENTATION: "DO THE RIGHT THING" Officer Patricia Laycock presented the three "DoThe Right Thing" recipients with their Certificates of Appreciation, $100 savings bond and Dinner-for-Four Certificate for McDonald's Restaurant: • Recipient Gregg Moravec was nominated by Valerie Kearns for saving her children, herself and her home from a fire. • Recipient Steven Wanshek was nominated by Margaret Zook for returning an endorsed pay check totaling $400 found at the Riverside Hotel. 0 Recipient Barbara O'Rourke, Food Program Coordinator of St. Patrick's PADS Program, along with faculty sponsor Linda Usrey and McHenry High School East Campus National Honor Society members, were nominated by Mayor Steven Cuda for their volunteer efforts in providing dinner, breakfast and lunch for PADS guests who stay overnight at St. Patrick's Church once a week, between October and April each year. Mayor Cuda, Council and Staff commended the "Do The Right Thing" recipients and thanked them for their contributions to the McHenry community. Alderman Baird arrived at 7:45 p.m. CONSENT AGENDA Mayor Cuda announced James Cowlin, attorney for Buss Ford Motors has submitted a written request to remove the ordinance granting a conditional use permit to Buss Ford Sales. Attorney Cowlin explained a large portion of the land proposed for the new Buss Ford Dealership is located on a farm wetland, making this particular site unusable for the purpose intended. He noted the Petitioner, Buss Ford, is not abandoning the project, and will return to request conditional use permits on land located to the south of the present piece. In addition, Walgreen's is amending their site plan, specifically, the location of the drive-through facility. The ordinance granting reclassification to C-5 Highway Commercial Zoning, a conditional use permit for a drive-through service lane, and a variance to the required ten-foot side yard building setback to Walgreens for the property located at 3925 West Elm Street, was removed from the Consent Agenda. Some discussion followed regarding Consent Agenda Item #3, Resolution endorsing House Bill 2031 , Emission Controls Testing. In response to Alderman Baird's request, Item #3, Resolution endorsing House Bill 2031, Emissions Controls Testing, was also removed from the Consent Agenda. Motion by Baird, seconded by Murgatroyd, to approve the Consent Agenda as follows, subject to the removal of the Resolution endorsing House bill 2031 , Emission Controls Testing; the removal of the ordinance granting zoning map amendment, conditional use and variance to Walgreens; and the removal of the ordinance granting conditional use permit to Buss Ford Sales: Page 2 May 5, 1999 • 1999 Mosquito Management Contract; • Resolution: Declaring May 16th-May 22"1 Public Works Week; • Approval: Ordinance amending Municipal Code Chapter 14 —Requirements for Public Utility Work Crews; • Approval: Ordinance authorizing the annexation of 2806 West Route 120; • Approval: Reduction Winding Creek 5, Unit 5, Letter of Credit #647; • Approval: Picnic/Special Use Permits for 1999; • Approval: City Council Minutes: • April 21 , 1999 regular meeting. Voting Aye: Bolger, Glab, Murgatroyd, Baird. Voting Nay: None. Absent: McClatchey. Motion carried. Council directed Staff to provide further information regarding the resolution endorsing House Bill 2031 which supports heavy-duty diesel vehicle emissions testing in northeastern Illinois. Staff concurred. REQUEST FOR FUNDING — "STATUE IN THE SQUARE" PROJECT Mayor Cuda introduced "Statue in the Square" Project Coordinator James Clegg of Woodstock, Illinois. Mr. Clegg reminded Council a resolution supporting his project was approved at the February 4, 1998 regularly scheduled Council Meeting. Mr. Clegg is requesting funding support for his project. He is raising monies to engrave all the names of the McHenry County Civil War Dead onto four granite slabs. The four slabs will be placed around the base of the Statue in the Square. Mr. Clegg is making this request to every municipality located in McHenry County. The City of Woodstock has already pledged $5,000. —' Mayor Cuda suggested this matter referred to the Finance Committee for consideration. It was the consensus of Council to refer this matter to the Finance Committee. Alderman Baird suggested Mr. Clegg be invited to the Committee Meeting. Alderman Bolger stated his intent to contact local McHenry service clubs in support of the project. ANNEXATION: DANIEL L. ADAMS, 1014 NORTH RIVER ROAD Petitioner Daniel Adams was in attendance. He informed Council his attorney Mr. Gil Johnson, was unable to attend this evening's Council Meeting due to a scheduling conflict. City Administrator Lobaito reminded Council the annexation, rezoning, and variance requests for Mr. Adams property, located at 1014 North River Road, were discussed and considered at the April 7, 1999 regularly scheduled Council Meeting. It was the consensus of Council to: ■ Annex the property; ■ Grant a zoning map amendment to 1-1 Industrial; ■ Grant a variance permitting more than one principal building on the lot; ■ Grant a variance permitting the current front, side, and rear building setbacks for the existing buildings; ■ To vacate portions of North Avenue and Plymouth Lane; Subject to the following Annexation Agreement amendments: ■ Vehicular access to Plymouth Lane from Adams property shall be prohibited; ■ Maintenance of North Avenue from Adams property to River Road shall be the responsibility of Dan Adams; ■ Future expansions to existing structures shall be setback at least fifty (50) feet from all property lines; Page 3 May 5, 1999 ■ Future use of the small building currently being used as a wood shop on Lot 6 shall be limited to non-intensive 1-1 Industrial uses; ■ An Annexation Fee of $4,000 shall be required. City Administrator Lobaito informed Council all the recommended amendments have been incorporated into the Annexation Agreement. Alderman Glab expressed concern regarding the legality of the proposed annexation, specifically, with regard to Lot 6. In addition, he questioned the establishment of a road surface prescriptive use, noting the absence of acceptance by any governing body. He stated, even if the prescriptive use is established, ownership of the property does not change. He questioned the validity of the annexation, citing contiguity concerns. A lengthy discussion followed. Alderman Murgatroyd stated no documentation supporting Alderman Glab's position had been forthcoming. In response to Mayor Cuda's suggestion, it was the consensus of Council to postpone further action on the proposed vacation of portions of Plymouth Lane and North Avenue. Motion by Murgatroyd, seconded by Bolger, to pass an ordinance authorizing the Mayor and City Clerk's execution of the Annexation Agreement between Daniel L. Adams and the City of McHenry for property located at 1014 North River Road, subject to the following: • Vehicular access to Plymouth Lane from Adams property shall be prohibited; • Maintenance of North Avenue from Adams property to River road shall be the responsibility of Dan Adams; • Future expansions to existing structures shall have a minimun setback of fifty (50) feet from all property lines; • Future use of the small building (wood shop) on Lot 6 shall be limited to non-intensive 1-1 uses. • Payment of an annexation fee of $4,000. Discussion on the Motion Alderman Glab opined the City should not annex the property located across the road until ownership of the road is verified legally. Motion by Glab, to go into Executive Session to discuss Potential Litigation at 8:10 p.m. Motion died for lack of a second. Voting on the Motion Alderman Murgatroyd called for the question. Voting Aye: Bolger, Murgatroyd, Baird, Cuda. Voting Nay: Glab. Absent: McClatchey. Motion carried. Motion by Murgatroyd, seconded by Bolger, to pass an ordinance annexing the property located at the intersection of North Avenue and Plymouth Lane, commonly known as 1014 North River Road in McHenry County, Illinois. Voting Aye: Bolger, Murgatroyd, Baird, Cuda. Voting Nay: Glab. Absent; McClatchey. Motion carried. Page 4 May 5, 1999 Motion by Baird, seconded by Murgatroyd, to accept the recommendation of the Zoning Board of Appeals, and to pass an ordinance granting a zoning map amendment to 1-1 Industrial and granting a variance to Chapter 3 Section G of the City of McHenry Zoning Ordinance permitting more than one principal building on a lot, and granting a variance to Table 8 of the City of McHenry Zoning Ordinance, to permit the building setbacks for the existing buildings at 1014 North River Road. Voting Aye: Bolger, Murgatroyd, Baird. Voting Nay: Glab. Absent: McClatcdhey. Motion carried. Some discussion followed. Mayor Cuda suggested the vacation of portions of North Avenue and Plymouth Lane be postponed until the Petitioner's Attorney, Mr. Gil Johnson, was available to meet with Staff and resolve the outstanding question of the road's ownership. The Annexation Agreement and associated ordinances will not be recorded until the road vacation issue is resolved. Mayor Cuda opened the floor to audience comment. Phil Hoffstetter of 1021 Plymouth Lane addressed Council, noting the tardiness of the meeting notification. He stated an attorney had been contacted and road ownership investigation was ongoing with the Chicago Title Company. City Administrator Lobaito responded noting the meeting notification was a courtesy. The formal public hearing had been held September 28, 1998. Mr. Barwig of 3008 Northside Avenue addressed Council and opined the annexation of the roadway in question is illegal. Further discussion followed. Mayor Cuda recommended the Edgewater Subdivision residents meet with him, City Administrator Lobaito, City Attorney McArdle, and any interested and available Aldermen. A meeting was scheduled for 5:30 p.m., Monday, May 10, 1999 in the Aldermen's Conference Room of the McHenry Municipal Building. Mayor Cuda requested City Clerk Althoff to post the meeting in compliance with the Open Meetings Act. Karen Hoffstetter of 1021 Plymouth Lane asked Council to explain why it was felt portions of North Avenue and Plymouth Lane needed to be vacated. Mayor Cuda responded explaining the road's configuration and layout would make City maintenance impractical. VARIANCE REQUEST TO ALLOW RESIDENTIAL BRICK DRIVEWAY The Petitioner, Tim McCann of 3507 Broad Street, was in attendance. He addressed Council requesting a variance from the Municipal Code to permit the installation of a brick driveway at his residence, 3507 Broad Street. Section 21-58(b) of the City of McHenry Municipal Code states that driveway for residential uses must be constructed having either a concrete or asphalt surface. Mr. McCann's current driveway consists of two concrete strips separated by a strip of grass. He explained the brick driveway would be located entirely on his property and not within any portion of the public right-of-way. Staff expressed no concerns with Mr. McCann's request. Some discussion followed regarding the City of McHenry's current driveway requirements. Staff recommended the driveway requirements be reviewed for clarity and consistency eliminating similar variance requests. Alderman Glab stated the current requirements were adequate and Mr. McCann's request was unique. In response to Alderman Baird's inquiry, City Administrator Lobaito stated Staff will inspecting the brick paver installation. Page 5 May 5, 1999 Motion by Glab, seconded by Bolger, to grant a variance from Section 21-58(b) of the City of McHenry Municipal Code for a brick paver driveway installation at 3507 Broad Street. Voting Aye: Bolger, Glab, Murgatroyd, Baird. Voting Nay: None. Absent: McClatchey. Motion carried. AGREEMENT WITH THE MCHENRY COUNTY GANG TASK FORCE Acting Chief of Police Erkenswick recommended Council approve the Mayor's execution of an Intergovernmental Agreement with the McHenry County Gang Task Force. He explained the City of McHenry has been a member of the Task Force since 1997. The Task Force provides all participating municipalities with law enforcement services and assistance during festivals, celebrations, or any other function requiring police assistance. The term of the Agreement is for a twelve-month period and may be extended every twelve months thereafter, prior to the expiration of the term of the Agreement. Motion by Glab, seconded by Baird, to authorize the Mayor's execution of an Intergovernmental Agreement among the City of McHenry, McHenry County, and various McHenry County municipalities, for the purpose of forming a Gang Task Force to provide law enforcement services and assistance during festivals, celebrations, or any other municipal function requiring police assistance. Voting Aye: Bolger, Glab, Murgatroyd, Baird. Voting Nay: None. Absent: McClatchey. Motion carried. MAYOR'S STATEMENT AND REPORTS Mayor Cuda informed Council he was in receipt of a letter from a local retailer objecting to the City's practice of granting temporary site permits for the sale of outdoor plants and flowers. A copy of the letter will be provided Council in Friday's Agenda Packet. He requested the Community Development Committee review the City's current practice regarding temporary site permits. In addition, Mayor Cuda requested the Community Development Committee review the liquor license classifications, as per previous Council discussion. He noted establishments that sell numerous items, including liquor, should not be assessed the same liquor license fees as those establishments selling liquor only. Council recommended the Community Development Department review the current City of McHenry Municipal Code regarding driveway requirements. Council directed Staff to provide liquor license information from other McHenry County municipalities. COMMITTEE REPORTS Finance Committee Chairman Alderman Murgatroyd reported the Committee completed the 1999-2000 Budget. This Budget will be presented for full Council approval at the May 12, 1999 regularly scheduled Council Meeting. Minutes of the April 29, 1999 Finance Committee Meeting will be provided in Friday's Agenda Packet. Finance Committee Chairman Alderman Murgatroyd also noted a Finance Committee Meeting will be scheduled to consider Mr. Clegg's request regarding his "Statue in the Square" Project. Page 6 May 5, 1999 STAFF REPORTS Director of Community Development Napolitano, referencing his memo of April 27, 1999, reported both Jim Archos, owner of Bimbo's Restaurant on Riverside Drive, and Kit Carstens, developer of the Oak Grove Office Building on Front Street, are requesting a variance from Section 7-13(b) of the City of McHenry Municipal Code in order to permit the installation of cedar siding on the exterior of their respective buildings. Section 7-1 3(b) of the City's Municipal Code requires that a commercial building be constructed of brick, cement or metal, or have a minimum of two-hour fire rated walls. The minimum two-hour fire rate wall requirement can add significant cost to a commercial building as it affects the width of door and window openings. A lengthy discussion followed. Director of Community Development Napolitano noted the Oak Grove Office Building is currently under permit review by Staff. The proposed building will have a fire sprinkler system and is set back a considerable distance from nearby structures. Plan reviewed an approved by the City for Bimbo's Restaurant addition depicted aluminum siding. The City Inspector did not discover cedar siding was being used until after it was installed on the first floor. Bimbo's Restaurant does not have a fire sprinkler system. However, the kitchen is housed in the brick portion of the building. It was Staff's suggestion to require the installation of an early fire detection system equal to the minimum two-hour fire rated walls in Bimbo's Restaurant. The installation of a fire sprinkler system and the site of the Oak Grove Office Building eliminates the need for this requirement at this location. Motion by Baird, seconded by Glab, to grant a variance from Section 7-13(b) of the City of McHenry Municipal Code permitting the installation of cedar siding on the exterior of the Oak Grove Office Building located at 420 North Front Street; and to grant a variance from Section 7-13(b) of the City of McHenry Municipal Code to permit the installation of cedar siding on the exterior of Bimbo's Restaurant located at 1318 North Riverside Drive, subject to restricting the location of the kitchen to the brick portion of the -- building and the installation of an early fire detection system. Voting Aye: Bolger, Glab, Murgatroyd, Baird. Voting Nay: None. Absent: McClatchey. Motion carried. Director of Public Works Batt reported a twelve-inch sewer collapse had occurred Saturday evening, April 30, 1999, at the intersection of John and Third Streets. Although the damage was repaired immediately Saturday evening and Sunday morning, the cost will be significant, as numerous overtime hours were required. City Administrator Lobaito reported he, Mayor Cuda, and representatives of the Community Development and Public Works Department, attended a meeting this afternoon with traffic planners, Civiltech Inc., to discuss the proposed plan for the State Route 120 corridor. The proposed State Route 120 improvements will extend from State Route 41 to the City of Woodstock. Areas of specific concern to the City of McHenry were noted, including the State Route 120 intersections of Green Street, State Route 31 and Crystal Lake Road. A Public Hearing regarding the proposed improvements will be scheduled within the next three months. In all likelihood the Hearing will be held in the Council Chambers of the McHenry Municipal Building. City Administrator Lobaito reminded Council of the AdHoc Committee Meeting to review the proposed Boundary Agreement between the City of McHenry and the Village of Johnsburg to be held on Wednesday, May 12, 1999 at 6:30 p.m. in the Aldermen's Conference Room of the McHenry Municipal Building. He noted the former agreement will be provided Council in Friday's Agenda Packet. Mayor Cuda and Alderman Murgatroyd requested the proposed Boundary Map be provided McHenry City Council members by Friday, May 7, 1999. NEW BUSINESS There was no New Business. Page 7 May 5, 1999 EXECUTIVE SESSION Motion by Murgatroyd, seconded by Bolger, to go into Executive Session to discuss Potential Litigation and Personnel at 9:08 p.m. Voting Aye: Bolger, Glab, Murgatroyd, Baird. Voting Nay: None. Absent: McClatchey. Motion carried. Council went into Executive Session at 9:08 p.m. Motion by Baird, seconded by Glab, to go back into Open Session at 9:37 p.m. Voting Aye: Bolger, Glab, Baird. Voting Nay: None. Absent: McClatchey, Murgatroyd. Motion carried. Motion by Glab, seconded by Baird, to approve the recommendation of City Clerk Althoff and hire Kathleen Hettermann for the position of Receptionist/Junior Clerk at Grade 2, Step 1 , with an annual salary of $20,655, pending the successful completion of a pre-employment physical, with a starting date of May 17, 1999. Voting Aye: Bolger, Glab, Baird. Voting Nay: None. Absent: McClatchey, Murgatroyd. Motion carried. ADJOURNMENT Motion by Baird, seconded by Glab, to adjourn the meeting at 9:38 p.m. Voting Aye: Bolger, Glab, Baird. Voting Nay: None. Absent: McClatchey, Murgatroyd. Motion carried. The meeting was adjourned at 9:38 p.m. CITY CLERK MAYOR