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HomeMy WebLinkAboutMinutes - 04/21/1999 - City Council REGULAR MEETING APRIL 21, 1999 The Regular Meeting of the McHenry City Council was called to order by Mayor Cuda at 7:30 P.M. on Wednesday, April 21 , 1999 in the Council Chambers of the Municipal Center. At roll call the following Aldermen were present: Bolger, Glab, McClatchey, Murgatroyd, Baird. Absent: None. 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, Director of Parks and Recreation Merkel. Absent: None. TEN MINUTE PUBLIC INPUT SESSION No one signed in to speak during the Ten Minutes Public Input Session. CONSENT AGENDA In response to Alderman Bolger's request, Item #2, Resolution Opposing Conditional Use Permit to construct a Peaker Power Plant in unincorporated McHenry County, was removed from the Consent Agenda for individual discussion. Motion by Murgatroyd, seconded by Glab to approve the Consent Agenda, as follows, subject to the removal of Itrem #2, the Resolution Opposing a Conditional Use Permit to construct a Peaker Power Plant in unincorporated McHenry County: • Resolution Acknowledging Riverwood School 51h Grade Class; • Resolution declaring April 30, 1999, Arbor Day; • Approval: Purchase retirement gifts; $200.00; • Approval: Reduction Letter of Credit #108 — Boone Creek Unit II, American Heritage Development; and Reduction Letter of Credit #201 — Boone Creek Unit II, Gerstad Builders; • Approval: Picnic/Special Use Permits for 1999; • Approval: Use of Petersen Park for 71h Annual Country Meadows Craft Show; • Approval: Ordinance to allow a Conditional Use and Rezoning — 2807 W. Route 120 (Jessup Mfg.) • Bills for Approval; GENERAL FUND ALEXANDER LUMBER CO 1,047.85 ANCHOR INDUSTRIES INC 2,440.75 ARROW UNIFORM RENTAL INC 396.54 BJORKMAN'S ACE HARDWARE 604.72 CAWTHON, ERIN 30.00 COMED 12,023.22 CORBLEY, PATRICK 84.00 D & J AUTOMOTIVE SUPPLY 1,538.85 DALE MOLL 167.39 HUSCH, LEONA 30.00 ILLINOIS DEPT OF NATURAL 15.00 JOSEPH H HUEMANN & SONS 65.00 JUANITA OLIVER 21.33 KATHLEEN KUNZER 16.12 MARSHALL-WIEDENHOEFT CON 2,260.00 MATT ROGERS 85.00 MCHENRY AREA YOUTH COMM 6,000.00 MCHENRY AUTO PARTS 738.74 MICHAEL PERKINS 75.58 NATIONAL RECREATION AND 54.95 PHILLIP E BRADY & ASSOC 970.00 PLANNING RESOURCES INC 1,119.39 R & T SPECIALTY INC 101.52 RAMADA 30.00 REICHERT CHEVROLET 675.82 ROBERT J FRY D/B/A 67.50 ROCKFORD INDUSTRIAL 17.95 SASATKA, CARRIE 15.93 SCAN-AM 187.50 STANS OFFICE MACHINES IN 740.26 THE CITY OF LAKE FOREST 85.00 THE DURA WAX COMPANY INC 157.06 TRAFFIC INSTITUTE 700.00 WEARGUARD 782.91 MOTOR FUEL TAX FUND IMC SALT INC 1,423.11 IMS 3,000.00 Page 2 April 21 , 1999 DEVELOPER DONATION FUND SMITH ENGINEERING CONSUL 975.00 WATER SEWER FUND ALEXANDER LUMBER CO 481.38 ARROW UNIFORM RENTAL INC 729.81 BJORKMAN'S ACE HARDWARE 580.87 COMED 48,235.12 D & J AUTOMOTIVE SUPPLY 252.15 FRED PRYOR SEMINARS 55.90 HACH COMPANY 1,999.90 ILLINI POWER PRODUCTS 1,626.64 MCHENRY AUTO PARTS 121.23 MCHENRY ELECTRIC CO INC 286.57 NORTHERN HYDRAULICS INC 536.19 WATER PRODUCTS COMPANY 1,420.25 FUND TOTALS GENERAL FUND 33,345.88 MOTOR FUEL TAX FUND 4,423.11 DEVELOPER DONATION FUND 975.00 WATER SEWER FUND 56,326.01 **** 95,070.00 • Approval: City Council Minutes: • April 7, 1999. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. -- Alderman Bolger requested representatives supporting the construction of a Peaker Power Plant be invited to address Council. Council could then decide, impartially, whether to support or oppose the Peaker Power Plant construction. Some discussion followed. Alderman Glab noted Council unanimously approved the drafting of a resolution opposing the Peaker Power Plant's construction at its April 14, 1999 regularly scheduled Council Meeting. Motion by McClatchey, seconded by Glab, to pass a resolution opposing the granting of a Conditional Use Permit to allow the construction of two gas turbine electrical generators, commonly referred to as Peaker Power Plants, on a 177-acre parcel located south of Woodstock in unincorporated McHenry County. Voting Aye: Glab, McClatchey, Baird. Voting Nay: Bolger, Murgatroyd. Absent: None. Motion carried. CONDITIONAL USE REQUEST - BUSS FORD Petitioner Steven Buss and his attorney James Cowlin were in attendance. Attorney Cowlin addressed Council stating the Petitioner was seeking Council approval for a Conditional Use Permit for Motor Vehicle Sales on an Open Sales Lot and for Motor Vehicle Repairs. The subject property, currently zoned C-5 Highway Commercial, is located on the west side of State Route 31 , approximately 1 ,000 feet north of the entrance to Knox Park and is an 11 .5 acre vacant parcel. The Petitioner is proposing the construction of a 30,000 square foot automobile dealership and service center. The Open Sales Lot would have parking for over 500 vehicles. The proposed site layout meets C5 bulk requirements. Landscaping, lighting and signage will be reviewed as permits are issued, to insure compliance with City ordinances. Staff also noted, although the proposed use is very intense, the location is appropriate because of its relative isolation from residential uses and the surrounding commercial development. The concept plan includes an area to be used as a retention basin for this development. The basin is labeled as Page 3 April 21 , 1999 temporary, with the expectation a regional detention facility will be provided when the balance of the property owned by the Pacini Group is developed. The site also includes a wetland area at the northwest corner which will be left undisturbed by this specific development. Access to the site will be limited to one entrance from State Route 31 . State Route 31 is currently 38 feet wide at the proposed entrance, which would permit restriping for a left-turn lane. A deceleration lane for right turns may also be required. Final design of the entrance will require Illinois Department of Transportation (IDOT) review and approval. In conclusion, Attorney Cowlin noted the Zoning Board of Appeals at its April 5, 1999 public hearing unanimously recommended approval for a Conditional Use Permit to allow an Open Sales Lot and Vehicle Repair and Maintenance with no conditions. Alderman Baird questioned the advisability of constructing a temporary retention basin in lieu of the regional retention basin. City Administrator Lobaito explained a regional retention basin would be developed when the balance of the Pacini Property is platted. The existing temporary basin would then be abandoned and replaced with a drainage pipe running to the regional basin. In response to Alderman Glab's inquiry, Mr. Buss stated only one access for ingress and egress was planned. No plans exist for a southern access point. Motion by Bolger, seconded by Murgatroyd, to accept the unanimous recommendation of the Zoning Board of Appeals, and to direct Staff to draft an ordinance granting a Conditional Use Permit to allow an Open Sales Lot and Vehicle Repair and Maintenance on the 1 1 .5-acre parcel located on the west side of State Route 31 , approximately 1 ,000 feet north of the entrance to Knox Park. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. CONDITIONAL USE REQUEST - WALGREEN'S/CENTRUM EQUITIES, 3925 W. ELM STREET Representatives of the Petitioner Centrum Equities, Robert Zacharias, and Sherwood Blistein were in attendance. In addition, Architect Howard Hersch, of Hersch and Associates, was in attendance. Mr. Zacharias addressed Council stating the Petitioners, Centrum Equities, is requesting reclassification for a portion of the subject property, which is currently zoned C-4 Downtown Commercial, to C-5 Highway Commercial, in an effort to make the entire proposed site one zoning classification. A conditional use permit to allow the construction and operation of a drive-through establishment for the sale and dispensing of prescription drugs, and a variance to the required ten foot side yard setback from the east and west property line to accommodate the proposed building on said lot, are also being requested. Mr. Zacharias stated the Zoning Board of Appeals at its April 5, 1999 public hearing recommended unanimous approval for reclassification, variance and conditional use permit. Mr. Zacharias noted a sign variance will be presented for Council consideration at a later date. Staff noted two revisions to the proposed site plan: the sidewalk and fence installation proposed along the southern property line will be replaced with Staff approved landscaping. The Architect, Mr. Hersch, addressed Council, stating the proposed site plan includes: • The installation of a sidewalk from the store entrance south to Main Street; • The installation of an eight-foot high masonry wall to the south of the loading area, approximately forty feet north of Main Street, which matches the building construction materials; • In addition, the walls construction and facade will be consistent with the historic nature of Main Street neighborhood; • Landscaping will be provided along the south property line as well as in parking lot islands. Page 4 April 21 , 1999 In conclusion, Mr. Hersch stated the store building would be constructed of brick and stone and was not a prototypical Walgreen's building. All four elevations will have a finished look, and the eight-foot masonry wall will not only be historically appropriate, but will screen the refuse disposal and loading area. In response to Alderman Bolger's inquiry regarding the right-in, right-out access point on State Route 120, Mr. Zacharias responded the Illinois Department of Transportation (IDOT) had approved the site plan as presented. The site plan also includes two additional access points: • A right-in, right-out access on Illinois State Route 31 ; and • A full access near the northwest corner of the property, located at the entrance to the public alley along the west property line. In response to Alderman Baird's inquiry, Mr. Zacharias stated the Illinois State Route 120 full access point did, in fact, allow room for two-way traffic. In response to Alderman Murgatroyd's inquiry, Mr. Zacharias stated signage will prohibit north-bound vehicular traffic from Main Street to State Route 120. Mr. Zacharias responding to Alderman Glab's inquiry stated trees and low-lying bushes will be the preferred landscaping along the southern property line. Some discussion followed regarding delivery vehicles. Mr. Zacharias informed Council the only semi-truck delivery utilizing the Main Street loading area would be a Walgreen's semi-truck. Walgreen delivery trucks access store sites two times per week. All other jobbers would utilize the main parking facility. Deliveries would be made utilizing the front entrance. Mayor Cuda recognized James Kirk, Main Street property owner. Mr. Kirk expressed grave reservations regarding the proposed Walgreen's development citing the areas significant grade differential. He noted the potential negative impact on existing electrical and cable lines. In response, Mayor Cuda stated all these concerns will be addressed during normal engineering plan review. Mayor Cuda invited Mr. Kirk to review the engineering plans upon their submission. Mayor Cuda recognized Landmark Commission Chairman Greg Lofgren. Chairman Lofgren addressed Council, expressing the Landmark Commission's concerns regarding the C-5 Highway Commercial Zoning reclassification, and the proposed location of the loading and trash area. He stated the proximity of the loading and trash area to Main Street discourages the Commission's efforts to promote historic renovation and revitalization. In response to Mayor Cuda's suggestion, Centrum Equities representatives agreed to meet with Landmark Commission representatives to review and determine the masonry wall's design. Motion by McClatchey, seconded by Baird, to accept the Zoning Board of Appeals unanimous recommendation and to direct Staff to draft an ordinance: • Granting the reclassification for a portion of the property abutting Main Street from C-4 Downtown Commercial to C-5 Highway Commercial; • Granting a variance to the required ten-foot side yard setbacks from the east and west property lines; and • Granting a Conditional Use Permit to allow the construction and operation of a drive- through establishment for the sale and dispensing of prescription drugs; Subject to the prohibition of parking in the existing alleyway and along the building's southern wall line in the area designated for loading and trash collection. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Page 5 April 21 , 1999 Mayor Cuda requested Council, with Mr. Gerstad's consent, postpone the Gerstad/Diedrich Farm Annexation discussion until the end of the regular meeting Agenda. Council and Mr. Gerstad concurred. APPROVE AND AUTHORIZE PAYMENT: SEMI-ANNUAL BOND PRINCIPAL AND INTEREST PAYMENTS - $857,612.50 _ City Clerk Althoff informed Council as per the City's bond agreements the semi- annual Bond Principal and Interest payments are due on May 1 , 1999 for: • Series 1997A - Alternate General Obligation Bonds; • Series 1997B - Water Sewer General Obligation Bonds; • Series 1993 - Water Sewer Revenue Bonds. Formal Council action is required for payment. The total amount due is $857,612.50 made in the following increments: • Series 1997A - Alternate G.O. Bonds $236,875.00 • Series 1997B - Water Sewer G.O. Bonds $ 88, 837.50 • Series 1993 - Water Sewer Revenue Bonds $531 ,900.00. Motion by Bolger, seconded by Murgatroyd, to approve and authorize the semi- annual Bond Principal and Interest Payments as follows: • Series 1997A - Alternate G.O. Bonds $236,875.00 • Series 1997B - Water Sewer G.O. Bonds $ 88, 837.50 • Series 1993 - Water Sewer Revenue Bonds $531 ,900.00. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. ANNEXATION: RICHARD AND RITA ADAMS, 2806 WEST ROUTE 120 City Administrator Lobaito informed Council Petitioners Richard and Rita Adams are seeking annexation of .43 acres of property, commonly known as 2806 West Route 120. Mr. and Mrs. Adams recently purchased both the subject property and the property located immediately to the east, 2804 West Route 120. Both properties are contiguous to the recently approved Adams Commercial Park Subdivision. No annexation agreement is proposed as it is the Petitioners' intent to seek a Zoning Reclassification and incorporate both this property and the 2804 West Route 120 property into the adjacent Adams Commercial Park Subdivision. Upon annexation, as per current City of McHenry Zoning Ordinance, the subject property will receive the most restrictive residential zoning classification, E-Estate. Zoning reclassification will require a public hearing before the Zoning Board of Appeals and City Council. The zoning filing has been included as part of the Petition for Annexation. Alderman Bolger stated his support of the annexation and noted efforts had been made to include this specific property in the original 125-acre East of the River Annexation in 1995. Motion by Glab, seconded by Murgatroyd, to direct Staff to draft an ordinance approving and authorizing the annexation of .43 acres of property, commonly known as 2806 West Route 120, with a Zoning Classification of E-Estate, subject to the immediate filing of all materials necessary for the subject property to be rezoned C-5 Highway Commercial. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird, Cuda. Voting Nay: None. Absent: None. Motion carried. Page 6 April 21 , 1999 AMENDMENT TO MUNICIPAL CODE, CHAPTER 4: ALCOHOLIC BEVERAGES Mayor Cuda reminded Council the proposed amendments to Chapter 4 of the City of McHenry Municipal Code, Alcoholic Beverages, were presented for Council review last week. As no comments were forthcoming, and the corporate attorney is recommending better, more specific language, addressing the rules of conduct for liquor license holders, the ordinance is being presented for final Council action: • Section 1 of the ordinance addresses specific liquor rule violations which may result in suspension or revocation of an entity's liquor license; • Section 2 only permits the consumption of alcohol on-premises, revising the current ordinance which allows the consumption of alcohol off-premises. • In addition, a resolution providing for the appeal from an order of the local liquor control commissioner be limited to a review of the official record of the proceedings of the Local Liquor Control Commissioner is presented for Council approval. Mayor Cuda explained approval of the proposed resolution prevents the State Liquor Board from requiring a new public hearing saving the City significant monies and limiting the State Liquor Board to a review of the Local Liquor Control Commissioner's official record of the proceedings. The proposed changes were presented to all City of McHenry Class A liquor license holders on April 5, 1999. Motion by Murgatroyd, seconded by Baird, to pass an ordinance amending various sections of the City of McHenry Municipal Code Chapter 4, Alcoholic Beverages, as presented. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. Motion by Baird, seconded by Glab, to pass a resolution, limiting all appeals from the decision of the City of McHenry Local Liquor Control Commissioner, to a review of the official record of the proceedings. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None. Motion carried. GERSTAD/DIEDRICH FARM ANNEXATION: DISCUSSION WITH DEVELOPER Mayor Cuda reaffirmed no formal action would occur regarding the proposed Diedrich Farm Property Annexation at this evening's meeting. The intent of this evening's Agenda was to continue dialogue between Mr. Gerstad and Council. Mr. Roger Gerstad, President of Gerstad Builders, and the Petitioner for Annexation, addressed Council. He informed Council the Illinois Department of Transportation (IDOT) has submitted a purchase offer for the FAP 420 right-of-way property. The purchase offer for 18.14 acres encompasses the property's entire northern boundary and all but 89 feet of the property's eastern boundary. Mr. Gerstad enumerated the positive aspects of his proposed annexation to the City of McHenry: • The extension of sanitary sewer lines to the area; • The expansion of water across the river permitting additional business development; • The subject property's inclusion on McHenry's side of the Border Agreement between the Village of Johnsburg and the City of McHenry; • The provision of immediate funding of future water tap-on fees not-to-exceed $350,000 to facilitate the construction of a much needed elevated storage tank on the east side of the Fox River within the City of McHenry's corporate limits; • Agreement to a significant increase in impact fees, in return for the granting of RS-2 zoning for the remaining acreage. Page 7 April 21 , 1999 Mr. Gerstad stated RS-2 zoning was appropriate for this property as the FAP 420 roadway and its berming will be a natural transition between the subject property and Stilling Woods Subdivision. As most of the adjacent Woodlawn Park lots were one acre in size, Mr. Gerstad agreed to develop similar-sized lots along the adjacent property lines. The homes will not be starter homes, but will be priced in the $180,000 to $200,000 range. He requested Council grant the RS-2 zoning and a maximum of 280 lots. Mr. Gerstad expressed the need to establish the number of permitted lots and density before developing a street layout and subdivision design. He distributed the following eight minimum design standards for Council consideration: • Minimum lot size of 8,400 square feet; • Minimum lot width at building line of 70 feet; • Minimum lot depth of 110 feet; • Residential non-collector streets to have a 50 foot right-of-way; • Minimum side yard setback of 5 feet; • Not more than 50% of project shall have a minimum lot width; • Home owner's association shall own and maintain the open space within the development; • Developer shall receive credit for parks/open space dedicated within the development. In response to Mayor Cuda's inquiry, Mr. Gerstad reiterated he was seeking Council approval for RS-2 zoning with a maximum of 280 lots. He understood with the inclusion of Subdivision Control Ordinance requirements, street layouts, detention, etc., the development of 280 lots may not be possible. He is requesting, however, a permitted maximum of 280 lots. Alderman Bolger expressed his concern regarding the potential impact this development would have on area traffic, specifically, Lincoln Road. In response to Council discussion, Mr. Gerstad agreed to a seven-year buildout. He was, however, not in favor of limiting the number of permits granted per year by ordinance. In response to Alderman Bolger's inquiry, Mr. Gerstad stated, although he had not been in contact with either McHenry Elementary School District 15 or McHenry High School District 156 representatives, he would be willing to discuss providing infrastructure improvements with either entity. He also noted McHenry High School District 156 is still pursuing condemnation. He stated if McHenry High School District 156 is successful in obtaining the 40 acres sought, the density of his proposed development would be reduced proportionately. Some discussion followed regarding the proposed clustering design. Staff noted clustering generates more open space. Mayor Cuda noted clustering of this proposed property would generate six to seven acres of additional open space. He also stated it was inappropriate for Mr. Gerstad to expect Council to accept the proposed standards as presented. Mayor Cuda informed Mr. Gerstad during budget discussions Council considered expensing the extension of water east of the Fox River with existing City funds. Mayor Cuda noted this would in effect remove $850,000 from the negotiating table. Alderman Baird stated his opposition to clustering. He stated the need for feathering, suggesting, as residential development reaches the outer edges of a community, the lot sizes should be larger, permitting more open space. Mr. Gerstad stated his interest in annexing to the City of McHenry was to obtain a higher density level. Mayor Cuda informed Mr. Gerstad it was the consensus of Council the annexing of the Diedrich Farm Property was desirable. A maximum density of 280 lots, however, is unacceptable. Alderman Glab addressed Mr. Gerstad stating the Comprehensive Plan Update proposal recommends all new residential developments be required to provide open space areas equal to 30% of the development's total acreage. Citing the recent failure of McHenry High School District 156 referenda question, he opined the community's schools can not adequately handle the addition of 280 homes. Mayor Cuda suggested Mr. Gerstad again schedule a meeting with Staff and him to review the proposed development, eliminating Mr. Gerstad's contribution for the water extension. Some discussion followed. Page 8 April 21 , 1999 In response to Council inquiry, Mr. Gerstad noted if a purchase agreement with the Illinois Department of Transportation is not reached within the next three to four months, the Illinois Department of Transportation will begin condemnation proceedings on the 18.143 FAP 420 right-of-way acreage. Mayor Cuda recognized Frank Van Bree of 2004 Woodlawn Park. Mr. Van Bree addressed Council stating he represented all the homeowner associations and road associations potentially impacted by the proposed Diedrich Farm Property annexation and development. He stated their opposition to the proposed annexation was predicated on Mr. Gerstad's zoning reclassification request for RS-2 and his intent to develop 280 lots. This proposal as stated is too dense for the area. Mr. Van Bree also expressed concern with the proposed development's impact on traffic in the area. He cited the Adams Commercial Park Development access onto Lincoln Road, the proposed school development on property located at Chapel Hill and Lincoln Roads, and the final phase of the East McHenry Bypass at Chapel Hill Road and State Route 120. He requested Mr. Gerstad consider five-acre lots on the development's periphery, decreasing to one-acre lots as construction reaches the development's center. He requested Council consider approving the proposed annexation and development with a minimum of one-acre lots. Mayor Cuda recognized McHenry High School District 156 School Board President James Heffelfinger. Mr. Heffelfinger stated the McHenry High School District 156 Board's opposition to the proposed annexation and subdivision development. Citing the failure of the proposed McHenry High School District 156 referenda question, Mr. Heffelfinger stated the High School District is not prepared to deal with the additional students created by the proposed development. Alderman Baird suggested a meeting be scheduled with all of the Elementary and High School Board Members and the McHenry City Council to discuss future development issues impacting the City and schools. He suggested the meeting be scheduled within the next two to three months. Aldermen Glab and McClatchey supported Alderman Baird's suggestion. Alderman Glab noted the Public Hearing and Open House scheduled for Monday, April 26, 1999, to review the proposed Comprehensive Plan Update. He invited representatives of McHenry Elementary School District 15 Board and McHenry High School District 156 Board to attend. In response to Alderman Murgatroyd's inquiry, President Heffelfinger noted McHenry High School District 156 Board was not opposed to the annexation, only the proposed development. Mr. Heffelfinger clarified the McHenry High School District 156 Board position stating future development of this property was understood; however, immediate development before the High School Board could make adequate provisions for the anticipated student increase was inappropriate. Mayor Cuda responded to Mr. Heffelfinger, noting the City of McHenry has not approved a single family detached home development since 1995. He also noted McHenry's impact fees were higher than surrounding communities, specifically Lakemoor. He also noted the possibility of Mr. Gerstad seeking annexation to the Village of Lakemoor for the proposed Diedrich Farm Development. Alderman Murgatroyd suggested the surrounding communities including the Village of Johnsburg, the Village of Lakemoor, the Village of Ringwood, the Village of Prairie Grove and the City of McHenry, schedule a joint meeting to discuss future development plans. Mayor Cuda opened the floor to audience comment. Mayor Cuda recognized Scott Johnson of 1803 Casandra Lane. Mr. Johnson reminded Council the Village of Lakemoor could not provide the proposed Diedrich Farm Property Development with sewer and water. Allen Hunt of Woodlawn Park informed Council the 14-acre Lincoln Hill Development located adjacent to the proposed Diedrich Farm Development is currently idle, awaiting the outcome of Mr. Gerstad's zoning reclassification request. Mr. Hunt opined it could be assumed the Lincoln Hill Subdivision will then also request a zoning Page 9 April 21 , 1999 reclassification to RS-2 density. Mr. Hunt also addressed the impact of the East McHenry Bypass completion on Chapel Hill Road at this intersection. Mayor Cuda noted the studies conducted by McHenry County Transportation Department verify the ability of Chapel Hill Road to adequately handle the increase in vehiclular traffic. Kim Ute of Woodlawn Park addressed Council stating she is anew resident to the area. She noted past involvement with area associations opposing the extension of Route 53, commonly referred to in McHenry as FAP 420. She opined the development of this highway will not occur in the near future. Ms. Ute also stated development rarely pays for iteself. Tim Molloy, Woodlawn Park Homeowner's Association President, addressed Council, stating the original concept plan for this property, filed with McHenry County, depicts a development of 104 homes. In conclusion, Mr. Molloy thanked the community for their support. Mayor Cuda called for a recess at 9:50 p.m. The meeting was reconvened with full Council and Staff in attendance at 10:05 p.m. MAYOR'S STATEMENT AND REPORTS Mayor Cuda, referencing recent local newspaper articles, noted the Village of Johnsburg's request to revisit the proposed Village of Johnsburg/City of McHenry Boundary Agreement. He suggested scheduling an AdHoc Meeting on Wednesday, May 5, 1999, at 6:30 p.m. in the Aldermen's Conference Room of the McHenry Municipal Building, before the City of McHenry's regularly scheduled Council Meeting. Alderman Murgatroyd requested the AdHoc Committee obtain the proposed Agreement prior to the meeting on May 5, 1999. Staff was directed to obtain and distribute all appropriate -- information prior to the AdHoc Committee Meeting on May 5, 1999 at 6:30 p.m. Mayor Cuda also reported he and City Administrator Lobaito had met with Rick Mack as a representative of Metra's Planning and Development Department. Mr. Mack reported the imminent construction of the Pingree Crystal Lake Metra Railroad Station may afford the opportunity of additional commuter train service for the City of McHenry and other northern municipalities located on this line. Mr. Mack was directed to ascertain the City of McHenry's interest and, if applicable, develop a proposal. In year's past the lack of a yard site was the major obstacle. Mr. Mack stated the Village of Ringwood may be able to supply a yard site. A letter supporting future service expansion will be sent to the appropriate Metra officials. In response to Council inquiry, Mayor Cuda stated in all likelihood, the current Metra station would be abandoned for a new site within the corporate limits of McHenry. Mayor Cuda noted the stated time frame is approximately eight years. COMMITTEE REPORTS Finance and Personnel Committee Chairman Alderman Murgatroyd reminded Council of the Finance Committee Meeting scheduled for Thursday, April 29, 1999 at 7:30 p.m. Alderman Bolger, noting the presence of Jeff Kleinhans in the audience, requested Council consider his request for connection to the City's sanitary sewer service. City Administrator Lobaito explained Mr. Kleinhans is requesting sanitary sewer service for his property located at 1109 River Road, which is currently outside the corporate limits of the City of McHenry. City policy requires all property owners seeking City sanitary sewer services to annex to the City and to extend the sewer main across their property to facilitate any future connections. Mr. Kleinhans has stated his willingness to seek annexation to the City of McHenry. He is, however, seeking Council approval to tap into an existing sewer stub at South Street, rather than extend the sewer main across his property's frontage. At Mr. Kleinhans's request, Staff has also shot grades of properties to the south. Based on these elevations, it would appear that a sewer line could be extended south along River Road to serve as many as eight properties, including Mr. Page 10 April 21 , 1999 Kleinhans's. Staff, therefore, is recommending the established City policy be followed, and Mr. Kleinhans be required to extend the sewer line across his entire property frontage. Mr. Kleinhans then enumerated reasons for Council to consider granting his request. Some discussion followed. City Attorney McArdle suggested Council grant Mr. Kleinhans's request subject to the posting of a Letter of Credit in an amount equal to the future cost of extending the sewer main across his property's entire frontage. Alderman Baird suggested a time frame be established as well. Some discussion followed. Mr. Kleinhans was directed to work with Staff under these parameters. STAFF REPORTS Director of Community Development Napolitano reminded Council the Comprehensive Plan Public Hearing was scheduled for Monday, April 26, 1999 at 7:00 p.m. Director of Parks and Recreation Merkel reported the jurisdictional joint meeting among City of McHenry Park Rangers, McHenry Township Fire Protection District representatives, City of McHenry Police Department representatives, and McHenry County Conservation District representatives regarding the new bike path traversing the City of McHenry's corporate limits, was highly productive. The enforcement and penalties associated with the prohibition of skateboards requires further consideration. Council will be kept apprised of the final action. City Administrator Lobaito informed Council, as per direction, a letter was sent to the Illinois Commerce Commission, requesting a twenty-one day extension permitting the City of McHenry an opportunity to respond to the ICC's order regarding McHenry Shores Water Company's request for a rate increase. City Administrator Lobaito noted two order amendments have been received since the letter requesting for an extension was sent. In addition, it has become apparent the ICC did not wait for a reply from the City of McHenry and sent their order and recommendation on to the Hearing Officer. Alderman Baird stated his disappointment with the apparent lack of attention to the McHenry Shores Water Company's water quality issues. He requested a letter be sent to the ICC requesting rigid compliance standards and severe penalties for violations. City Clerk Althoff requested Council approval for use of the Municipal Building's classroom by the Citizen's Police Academy Alumni Organization on Monday, May 17, 1999 at 7:00 p.m. Council approved the classroom's usage for the evening of Monday, May 17, 1999, at 7:00 p.m. by the Citizen's Police Academy Alumni Organization. NEW BUSINESS Alderman Bolger expressed his concern regarding the possible recurrence of drainage problems on Anne Street with the development of the Buss Ford Development on State Route 31 . He requested Staff investigate the status of an easement on the Country Club property in the event corrective measures need to be taken. Alderman Murgatroyd requested Staff provide a copy of the resolution with the Village of Ringwood in Friday's Agenda Packet for Council review. Mayor Cuda informed Council copies of the McHenry County's proposed impact fee increase will be provided in Friday's Agenda Packet for Council review and comparison to the City of McHenry's impact fees as proposed for the Diedrich Farm Property Annexation. Alderman Bolger stated the proposed increase in McHenry County impact fees is currently under review by the McHenry County State's Attorney's Office. Page 11 April 21 , 1999 ADJOURNMENT Motion by McClatchey, seconded by Glab, to adjourn the meeting at 10:45 p.m. Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird. Voting Nay: None. Absent: None.. Motion carried. The meeting was adjourned at 10:45 p.m. y>� e7 CITY CLERK MAYOR