HomeMy WebLinkAboutMinutes - 01/27/1999 - City Council REGULAR MEETING
JANUARY 27, 1999
The Regular Meeting of the McHenry City Council was called to order by Mayor
Cuda at 7:30 P.M. on Wednesday, January 27, 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, Chief of Police Joyce,
Director of Public Works Batt, Director of Parks and Recreation Merkel, Director of
Community Development Napolitano. Absent: None.
TEN MINUTE PUBLIC INPUT SESSION
Arlene Kaspik, Executive Director of the McHenry Public Library, addressed
Council, requesting she be permitted the opportunity to make a full presentation for
Council addressing the Library's Referendum Question. Mayor Cuda directed Ms. Kaspik
to contact City Administrator Lobaito and be placed on a future Council Meeting Agenda.
Mayor Cuda requested Council approval to move Agenda Item #3, Semi-Annual
Distribution of Developer Donations to Taxing Entities, forward.
Motion by Bolger, seconded by Glab, to address Agenda Item #3, Semi-Annual
Distribution of Developer Donation to Taxing Entities, prior to beginning the scheduled
Public Hearing.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
SEMI-ANNUAL DISTRIBUTION OF DEVELOPER DONATIONS TO TAXING ENTITIES
Representatives of each of the Taxing Entities were in attendance: Ms. Arlene
Kaspik from the McHenry Public Library District; Fire Chief Wayne Amore from the
McHenry Township Fire Protection District; Superintendent D. William Dodds from
McHenry Elementary School District 15; and Superintendent Robert Swartzloff from
McHenry High School District 156.
Mayor Cuda reminded Council, as per the City of McHenry Subdivision Control
Ordinance, Developer Donation Fees collected by the City of McHenry must be distributed
to the appropriate taxing bodies on a semi-annual basis. The disbursement of these funds
is as follows:
• McHenry School District 156 $105,560.00
• McHenry School District 15 $196,040.00
• McHenry Public Library District $ 23,520.00
• McHenry Township Fire Protection District $ 23,732.00
Total $348,852.00
Recognizing each of the representatives in the audience, Mayor Cuda requested
they step forward and receive their disbursement. City Clerk Althoff also noted $1 13,473
in Developer Donation Fees were collected for the City of McHenry's Parks and
Recreation Department.
PUBLIC HEARING:
• VACATION - PORTION OF NORTH AVENUE AND PLYMOUTH LANE•
_ • ANNEXATION AND ZONING - 1014 NORTH RIVER ROAD
Mayor Cuda opened the Public Hearing for the Annexation of 1 .39 acres of
property commonly known as 1014 North River Road, consideration of an Annexation
Agreement, a Zoning Map Amendment to 1-1 Industrial, variances to permit more than one
principal building on a lot and to permit the current front, side and rear building setbacks
for existing buildings, and the vacation of portions of North Avenue and Plymouth Lane
at 7:42 p.m.
The Petitioner, Daniel Adams and his Attorney, R. Gillman Johnson, of Fox Lake,
were in attendance. Attorney Johnson stated Daniel Adams was requesting annexation
of 1 .39 acres of property commonly known as 1014 North Road, located north of the
January 27, 1999 Page 2
intersection of North Avenue and River Road, and that the property be rezoned 1-1
Industrial with variances to permit more than one principal building on a lot and to permit
the current front, side and rear building setbacks for existing buildings. In addition, Mr.
Adams is requesting a portion of North Avenue and Plymouth Lane be vacated. The
property in question is improved with a 21 ,855 square foot warehouse building and a
1 ,800 square foot building used for storage. The Petitioner appeared before the Zoning
Board of Appeals on September 28, 1998 and received a unanimous recommendation for
approval for the reclassification of the property to 1-1 Industrial, and to grant variances
permitting more than one principal building on a lot and to permit the current front, side
and rear building setbacks for existing buildings. It was the consensus of the Zoning
Board of Appeals the property should be annexed "as is", with the existing buildings
considered legal non-conforming structures. Therefore, any future redevelopment of the
property must conform with the setback requirements of the Zoning Ordinance.
City Administrator Lobaito also stated Illinois Statutes provide a municipality may
vacate any street within its jurisdiction after determining the public interest is best served
by the vacation. Vacation of public streets must be passed by ordinance with an
affirmative vote of at least three-fourths of the Aldermen. Ownership is transferred to the
owners of the abutting properties. In this instance, the applicant, Mr. D. Adams, owns
the property on both sides of the street. State Statutes also provide compensation for
the vacated property may be required as a condition of the vacation. Staff, in an effort
to determine a fair value of the property to be vacated, reviewed the 1997 asset data of
the adjoining industrial properties. The fair market value of these industrial properties is
estimated at $.90/square foot. The total area of North Avenue and Plymouth Lane being
vacated is 8,850 square feet which results in an approximate fair market value of $7,900.
As the City if requesting an easement be provided through the property to be vacated,
it is estimated the property value would be reduced to approximately $4,000.
Staff is recommending Paragraph 3 of the Annexation Agreement entitled
"Vacation of Street" be amended to require a payment of $4,000 upon vacation of the
street by the City of McHenry. In addition, the City will be provided an easement for
storm water drainage in the vacated property. Some discussion followed regarding
ownership of the roadway to be vacated.
Attorney Johnson stated the title insurance policy determined Mr. Adams was the
owner of the portions of roadway to be vacated. Mr. Johnson, citing alternative access
points, noted no resident living along the road proposed for vacation would be denied
access to their property if the vacation were approved. Efforts have been made by the
Petitioner and his attorney to clarify the roadway status as a private or public roadway.
The area residents' contention That the roadway is private, cannot be confirmed. In
conclusion, Attorney Johnson stated Mr. D. Adams has agreed to provide the easement
through the proposed roadway vacation as per the City of McHenry's request.
In response to Alderman Glab's inquiry regarding ownership, Attorney Johnson
stated the roadway was owned by either McHenry County or McHenry Township.
Alderman Glab stated Township representatives have denied roadway ownership. A
lengthy discussion followed. In response to Council inquiry, Mr. D. Adams stated he was
responsible for maintaining his portion of the roadway, as was the previous owner.
Review of the Subdivision Plat from 1922, depicts the road in its current configuration.
In addition, the Plat does not denote the roadway as private.
In response to Alderman Baird's inquiry regarding vacation, Mr. D. Adams explained
his vehicles and property were experiencing excessive vandalism. Mr. Adams stated his
intent to fence in the area. Alderman Glab informed Council the 1 .39 acre piece being
annexed is currently zoned as residential, not industrial, in McHenry County. Alderman
Bolger, suggested the annexation and vacation requests be tabled until all outstanding
issues are addressed.
In response to Alderman McClatchey's inquiry, Staff stated the required contiguity
would be achieved even if the roadway were not vacated. It is Staff's contention the
roadway is a public thoroughfare and would therefore meet contiguity requirements.
Some discussion followed regarding the City of McHenry's need and subsequent request
for an easement to correct perceived storm water drainage problems.
January 27, 1999 Page 3
Alderman Murgatroyd expressed his concern regarding thevacation of portions of
North Avenue and Plymouth Lane, citing the subsequent creation of two dead end
streets.
In response to Alderman Glab's inquiry, Director of Community Development
Napolitano responded vacation of North Avenue and Plymouth Lane would be a planning
recommendation, under the current circumstances. Attorney Johnson also provided, in
response to Alderman Baird's request, clarification regarding the title policy verifying
ownership of the roadway property to Mr. Adams. Ownership, however, is subject to the
right-of-way on top for road purposes.
Mayor Cuda opened the floor to audience comment.
Evelyn Barwig of 3008 Northside Avenue addressed Council. Ms. Barwig informed
Council she had proof the roadway in question was given to the Homeowner's
Association when the area was first platted. Citing proposed roadway improvements for
Northside Avenue by the City of McHenry, Ms. Barwig expressed concerns regarding the
potential of creating a shortcut on Northside Avenue between two heavily traveled
arterials, River Road and State Route 120. In conclusion Ms. Barwig informed Council
the cinder block building located on the property proposed for annexation houses a
business, which is an illegal use in the residential district. Ms. Barwig presented
photographs of the cinder block building for Council review.
Michael Shannon, of 3008 Northside Avenue addressed Council, stating numerous
inconsistencies existing in Attorney Johnson's statement. He stated his opposition to
only the road vacation, not the proposed annexation of the 1 .39 acres of property.
Dale Kleesener of 1007 North Plymouth Lane addressed Council, stating his
opposition to the proposed street vacation. He noted local residents were currently
maintaining and plowing these roads.
Ray Jordan of 1010 River Road addressed Council, expressing his desire to work
out a mutually agreeable solution to the street vacation.
Mayor Cuda thanked these individuals for their comments and requested Council
close the Public Hearing.
Motion by Murgatroyd, seconded by McClatchey, to close the Public Hearing at
8:40 p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Mayor Cuda, at the request of the Objectors in attendance, directed City Clerk
Althoff to notify all signators to the Petition objecting to the street vacation of any future
Council meetings addressing the vacation of portions of North Avenue and Plymouth
Lane. Staff will be working with the Petitioners to resolve all outstanding issues and it
is anticipated the annexation and streets vacation will return for formal Council action
sometime in mid-February.
In summary, Attorney McArdle enumerated the outstanding issues:
• Are North Avenue and Plymouth Lane public or private streets;
• What affect does the long-term road maintenance of North Avenue and Plymouth
Lane by area residents have on the issue; and
• If the streets are private, can they be vacated by the City of McHenry?
In response to Alderman Murgatroyd's request, City Administrator Lobaito
explained significant storm water drainage problems exist in this area. The Dan Adams
Petition for Annexation affords the City of McHenry an opportunity to obtain the
necessary easements to correct the storm water drainage problems. Staff was directed
to provide Mr. Michael Shannon with a copy of Mr. Daniel Adams proof of ownership to
the property for which he is seeking vacation.
January 27, 1999 Page 4
CONSENT AGENDA
Motion by Murgatroyd, seconded by Bolger, to approve the Consent Agenda as
follows:
■ Park Ridge Estates-Letter of Credit Reduction;
■ Knox Farm Subdivision - Letter of Credit Reduction;
■ Bid Authorization for Replacement Vehicle-South Wastewater Treatment Plant;
■ List of Bills for Approval:
GENERAL FUND:
CHECK# VENDOR NAME AMOUNT
91994 ADAMS STEEL SERVICE INC $ 82.53
91995 AMERICAN PUBLIC WORKS $ 165.00
91996 AMERICAN WATER WORKS ASSN $ 239.70
91998 AMERITECH $ 7619.52
91999 ARROW UNIFORM RENTAL INC $ 176.24
92000 COMPLETE PERSONNEL INC & $ 408.24
92001 CURRAN CONTRACTING CO $ 1593.86
92002 DOWE & WAGNER INC $ 438.00
92003 EDER RIEDEL & CO $ 175.00
92004 KATHLEEN KUNZER $ 16.12
92005 JAMES MOLNAR $ 318.00
92006 MCANDREW & CUNABAUGH $ 6800.00
92007 MCHENRY AUTO PARTS $ 1078.85
92008 MCHENRY COUNTY SUPPLY INC $ 585.00
92009 MCHENRY LUMBER $ 87.70
92010 MCHENRY SPECIALTIES $ 18.95
92011 NICOR GAS $ 589.74
92012 NORTHWEST AUTO ELECTRIC $ 98.00
92013 NORTHWEST ELECTRICAL $ 3194.25
92014 ORIENTAL TRADING CO INC $ 72.10
92015 PACE $ 3566.69
92016 PETALS & STEMS $ 73.50
92017 PETERSEN SAND & GRAVEL $ 308.44
92018 PIONEER PLUMBING SUPPLY $ 62.00
92019 PLANNING RESOURCES INC $ 3643.77
92020 POLICE CONSULTANTS INC $ 1050.00
92021 PRECISION SHARPENING & $ 161.75
92022 PRO-CLEAN INC $ 475.00
92023 REICHERT CHEVROLET $ 93.68
92024 RELIABLE MAINTENANCE $ 180.00
92025 ROCKFORD INDUSTRIAL $ 65.13
92026 SAFETY KLEEN CORP $ 184.50
92027 SAM'S CLUB $ 28.76
92028 SHERMAN MECHANICAL INC $ 674.43
92029 SIMPLEX TIME RECORDER CO $ 343.00
92030 SPORTIME $ 21.95
92031 STANDARD EQUIPMENT CO $ 285.00
92032 STANS OFFICE MACHINES INC $ 380.59
92033 RICH STULL $ 31.84
92034 SUPERWASH $ 30.00
92035 THEODORE POLYGRAPH SERV $ 160.00
92036 TRAFFIC CONTROL & $ 698.90
92037 TREASURER STATE OF ILL $ 1914.00
92038 UNITED LABORATORIES $ 95.40
92039 UNITED PARCEL SERVICE $ 118.75
92040 UNIVERSITY OF ILLINOIS $ 3521.00
92041 USOP CHI/MILW DISTRICT $ 2231.75
92042 WAL-MART STORES INC $ 368.55
92043 WEARGUARD $ 262.80
92044 WHOLESALE DIRECT INC $ 462.40
92045 WOLF CAMERA & VIDEO $ 149.95
92046 ZEP MANUFACTURING COMPANY $ 84.00
92047 ZION LUTHERAN CHURCH $ 600.00
92048 ZUKOWSKI ROGERS FLOOD & $ 3939.35
92049 LAY, JANET $ 119.00
92050 SCHILLER, PAMELA $ 46.35
92051 TELLO'S MEXICAN $ 30.00
Report Totals 50239.03
WATER SEWER FUND:
CHECK# VENDOR NAME AMOUNT
14853 ADAMS STEEL SERVICE INC $ 177.03
14854 AMERITECH $ 671.04
14855 ARROW UNIFORM RENTAL INC $ 324.36
14856 ASSOICATES ROOFING & $ 2353.50
14857 LETITIA GURRIE $ 186.62
14858 GENE HESTER $ 53.06
14859 MENDEL PLUMBING & HEATING $ 1015.00
14860 MCHENRY ANALYTICAL WATER $ 48.00
14861 MCHENRY AUTO PARTS $ 89.64
14862 MCHENRY ELECTRIC CO INC $ 311.07
14863 EMPLOYEE INSURANCE $ 7301.00
14864 NCL OF WISCONSIN INC $ 196.45
14865 NICOR GAS $ 2231.71
14866 ROWELL CHEMICAL CORP $ 4122.26
14867 SHERMAN MECHANICAL INC $ 307.15
14868 STRATFORD SAFETY PRODUCTS $ 83.07
14869 USA BLUE BOOK $ 74.99
14870 WOODLAND RECYCLING & $ 7950.00
Report Totals 27495.95
POLICE PENSION FUND:
CHECK# VENDOR NAME AMOUNT
36001112 ANCEL GLINK DIAMOND COPE $ 281.25
36001113 WATSON WYATT & COMPANY $ 3294.00
Report Totals 3575.25
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
January 27, 1999 Page 5
PRELIMINARY PLAT - MCHENRY CORPORATE CENTER UNIT 7
Prime Commercial Project Manager Anne Rodenkirk and Attorney Thomas Zanck of
Militello, Zanck and Coen, were in attendance. Staff reminded Council an Agreement with
Prime Commercial permitting construction within Unit 7 prior to the approval of a Preliminary
or Final Plat was approved at their regularly scheduled November 23, 1998 meeting. Lot 1
is currently under development with a new 135,000 square foot office/warehouse building
for the Medela Corporation. Lot 2 is currently under development with a new 370,000 square
foot warehouse for Brake Parts Inc.
The subject property is located on the west side of Route 31 near Dayton Street and
extends to Corporate Drive in the McHenry Corporate Center. The proposed subdivision is
42 acres in area and consists of four lots. Two lots, 1 and 2, will be developed on Corporate
Drive which will be completed as a cul-de-sac. Two lots will be developed with a shared
access onto Route 31 . A variance from the Subdivision Control Ordinance as to the
maximum permitted cul-de-sac length is also being requested by the Petitioners. The
property is currently zoned 1-1 Industrial. The Plan Commission at its January 7, 1999
meeting unanimously recommended approval of the Preliminary Plat and cul-de-sac length
variance subject to the following conditions:
• The design and construction of the emergency access connection onto the Irish Prairie
property shall be made a part of the Final Engineering Plans and Final Plat review for
this subdivision;
• The required easement and construction of the water main up to the northern lot line
of Lot 2 shall be made a part of the Final Engineering Plans and Final Plat review for
this subdivision; and
• A variance from the Subdivision Control Ordinance be granted to allow a cul-de-sac
with a maximum length of 1 ,500 feet.
Motion by Baird, seconded by McClatchey, to accept the unanimous recommendation
of the Plan Commission, to approve the Preliminary Plat of McHenry Corporate Center, Unit
7, and to grant a variance to permit a cul-de-sac with a maximum length of !,500 feet,
subject to the following conditions:
• The design and construction of the emergency access connection onto the Irish Prairie
property shall be made a part of the Final Engineering Plans and Final Plat review for
this subdivision;
• The required easement and construction of the water main up to the northern lot line
of Lot 2 shall be made a part of the Final Engineering Plans and Final Plat review for
this subdivision;
• The design of the water main connection with existing water main on the Irish Prairie
property shall be made a part of the Final Engineering Plans and Final Plat review for
this subdivision.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
UNDERGROUND STORAGE TANK REMOVAL AND REPLACEMENT - ENGINEERING
SERVICES AGREEMENT, BAXTER AND WOODMAN
Baxter and Woodman representative, Project Manager Steven Zehner, was in
attendance. Director of Public Works Batt reported, as per Federal regulations, the removal
and replacement of City of McHenry underground storage tanks at the Central Wastewater
Treatment Plant, Donovan and Dartmoor Lift Stations, must be initiated. City Engineers
Baxter and Woodman have prepared an Engineering Services Agreement to prepare design
drawings and specifications for the purpose of bidding the removal and replacement of
underground storage tanks at the three sites enumerated.
In response to Alderman Murgatroyd's inquiry, Director Batt noted these tanks are
temporarily out of service. Alderman McClatchey inquired as to the status of other possible
remedial sites located within the corporate limits of the City of McHenry. City Administrator
Lobaito noted the Community Development Department maintains a list of all potential
January 27, 1999 Page 6
remedial sites. City Administrator Lobaito also noted a substantial increase over the past
year in permits granted for underground storage tank remediation purposes. Some discussion
followed. Alderman Baird suggested a 100 gallon day tank, which is not subject to
regulation, be considered. Baxter and Woodman Project Manager Steven Zehner stated a
concrete vault might be more appropriate, citing the tanks' proximity to residential areas and
the possibility of spills.
Motion by McClatchey, seconded by Baird, to authorize the Mayor and City Clerk's
execution of the Baxter and Woodman's Diesel Engine Generator's Underground Fuel Storage
Tanks' Replacement Engineering Services Agreement as presented in an amount not-to-
exceed $21 ,000.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Alderman Murgatroyd requested Baxter and Woodman specify for replacement an
above-ground tank with an alternative.
MAYOR - STATEMENT AND REPORTS
Mayor Cuda reported he had been contacted by Village of Johnsburg representatives
requesting a meeting to discuss the Village of Johnsburg/City of McHenry Border Agreement
on Wednesday, February 3, 1999, at 6:30 p.m. in the McHenry Municipal Building. Copies
of the newly-revised Village of Johnsburg/City of McHenry Border Agreement will be
provided the Ad Hoc Committee prior to the February 3rd meeting.
COMMITTEE REPORTS
Public Works Committee Chairman Alderman Bolger reported the Public Works
Committee had met prior to this evening's Council Meeting to consider a request for stop
signs at the intersection of Bonner Drive and Beach Drive. It was the Committee's
recommendation to have Staff draft an ordinance creating stop streets at the intersection of
Bonner Drive and Beach Drive. In addition, the Committee recommended stop signs be
placed at the intersection of Oakwood Drive (southbound) and Meadow Lane (westbound).
Staff has also been directed to contact the Elementary School District 15 Transportation
Department and relocate the bus stop on Bonner Drive to the driveway of 5010 Bonner
Drive, which is located on Beach Road.
Motion by Bolger, seconded by Glab, to direct Staff to draft an ordinance creating stop
streets as follows:
• Oakwood Drive (SB) at its intersection with Meadow Lane
• Meadow Lane (WB) at its intersection with Oakwood Drive
• Beach Drive (NB/SB) at its intersection with Bonner Drive.
and to list each ordinance as separate Consent Agenda items.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
STAFF REPORTS
Director of Community Development Napolitano reminded Council of the
Comprehensive Plan Steering Committee Meeting on Thursday, January 28, 1999 at 7:30
p.m. in the Council Chambers of the Municipal Building.
Director of Public Works Batt reported the City-owned River Road property is being re-
roofed as per Council direction. Alderman Baird suggested Staff investigate potential OSHA
violations with regard to fall protection equipment.
January 27, 1999 Page 7
Director of Parks and Recreation Merkel reminded Council of the Parks and Recreation
Committee Meeting scheduled for Tuesday, February 2, 1999 at 7:00 p.m. in the Parks
Department Conference Room.
City Administrator Lobaito reported City Attorney McArdle represented the City of
McHenry at the State Liquor Board Hearing for local license holder Sloppy T's this afternoon.
The Appeal has been continued until March or April. Council will be kept apprised of the
ongoing developments.
NEW BUSINESS
Alderman Murgatroyd expressed his concerns regarding the proposed alignment of
Phase 2 of the West McHenry Bypass along Ringwood Road. He cited current traffic
congestion and the proximity of residential developments and a junior high school. Alderman
Baird echoed Alderman Murgatroyd's concerns and suggested Council avail themselves of
the opportunity to share these concerns during the West McHenry Bypass planning stage.
A lengthy discussion ensued. City Administrator Lobaito noted monies had been budgeted
for a transportation study. He suggested the West McHenry Bypass alignment through the
corporate limits of the City of McHenry be designated as the top priority for this study.
Mayor Cuda noted the proposed alignment merited further consideration by Council.
ADJOURNMENT
Motion by McClatchey, seconded by Glab, to adjourn the meeting at 9:17 p.m.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The Meeting was adjourned at 9:17 p.m.
ClTff CLERK - MAYOR