HomeMy WebLinkAboutMinutes - 07/31/1996 - City Council (2) REGULAR MEETING
JULY 31, 1996
The Regular Meeting of the McHenry City Council was called to order by Mayor
Steven Cuda on Wednesday, July 31 , 1996 at 7:30 P.M. in the Council Chambers of
the Municipal Center. At roll call the following Aldermen were present: Bolger, Locke,
Bates, Lawson, Baird. Absent: None. City Staff in attendance were: City Clerk
Althoff, City Administrator Jordan, City Attorney McArdle, Director of Public Works
Batt, Director of Parks and Recreation Merkel. Absent: Director of Building and
Zoning Lobaito, Chief of Police Joyce.
TEN MINUTE PUBLIC INPUT SESSION
Earl Smith of West Shore Beach addressed Council regarding the large amounts
of algae accumulating just beyond the banks of McCullom Lake's West shore. He
requested the City consider assisting West Shore Beach residents with the removal of
the algae. Mr. Smith also noted McCullom Lake was much cleaner this season due
to the efforts of the State of Illinois' Clean Lakes grant monies obtained by the City
of McHenry.
PUBLIC HEARING - CHROMA CORPORATION INDUSTRIAL REVENUE BONDS
Mayor Cuda opened the Public Hearing at 7:38 P.M. on the issuance and sale
of $1 ,300,000 in Industrial Revenue Bonds for Chroma Corporation. Al Esche, Vice
President of Chroma Corporation, noted that at its April 17, 1996 regular meeting,
Council had passed the preliminary resolution needed to begin the process of the
acquisition of real estate in Tonyan Industrial Park, as well as to construct and equip
a manufacturing building through these bonds. In response to Council inquiry,
Attorney McArdle noted he had reviewed all the documents and found them in
satisfactory condition. Mayor Cuda asked if there were any comments from either
the Aldermen or the audience. There were no comments. Mayor Cuda asked City
Clerk Althoff if any public comments had been received by her office either in writing
or by telephone. City Clerk Althoff responded she had received no comments.
Motion by Lawson, seconded by Baird, to close the Public Hearing.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The Public Hearing was closed at 7:40 P.M.
Motion by Baird, seconded by Bolger, to pass a resolution authorizing the
issuance of $1 ,300,000 in Industrial Revenue Bonds to Chroma Corporation for the
acquisition of Tonyan Industrial Park real estate and the construction and equipping
of a manufacturing building; and to authorize the Mayor and City Clerk to execute the
necessary documents in connection therewith.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Attorney McArdle reported that Chroma Corporation's bond counsel, Carlson
& Hug, had provided all documents in good order and in a timely fashion.
CONSENT AGENDA
Alderman Bates questioned the issuance of a Picnic/Beer permit to the Mid-
American German Shepherd Dog Club, citing potential clean-up problems. Director of
Parks and Recreation Merkel informed Council the club would be utilizing the hayfield
area normally used for parking facilities and used by the Walker Bros. Circus during
Fiesta Days, and, therefore, would not pose an inconvenience to other park users.
Merkel also noted the organization will be required to clean up after the event.
July 31 , 1996 Page 2
Motion by Lawson, seconded by Baird, to approve the Consent Agenda as
follows:
(1) July 10, 1996 Regular City Council meeting minutes;
(2) Block Party requests:
- Cheryl Wigstrom, Jennifer Lane on August 24, 1996 from 12pm-12am;
(3) Tuition Reimbursement Request - Richard Stull, Principles of Management,
$124:00;
(4) Picnic/Beer Permits;
(5) Lists of "As-Needed Checks" for approval.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
CLEAN LAKES PROGRAM - McCULLOM LAKE PRESENTATION
Mayor Cuda introduced Gregg Good, Watershed Supervisor from the Illinois
Environmental Protection Agency, and Bob Kirschner of the Northeastern Illinois
Planning Commission. Mr. Good addressed Council stating his pleasure in presenting
the City of McHenry with four "Welcome To.." signs denoting the City of McHenry as
a Clean Lakes Program Participant. Mr. Good noted and congratulated the City of
McHenry for the extraordinary and apparently successful work involved in restoring
McCullom Lake to its natural splendor. He also enumerated the wide variety of media
coverage the cleaning of McCullom Lake received nationwide.
Alderman Locke questioned the availability of additional funds to assist the City
of McHenry with continuing lake maintenance and for the elimination of West Shore
Beach residential septic systems currently emptying into lakeside fields. Mr. Good
stated his intent to provide staff with the name(s) of appropriate State officials to
contact regarding these types of grant monies.
Mayor Cuda thanked Mr. Good and Mr. Kirschner for attending this evening's
meeting and presenting the City of McHenry with the Clean Lakes signs.
CITY PLANNER POSITION
City Administrator Jordan distributed a proposed job description for a City
Planner and noted the 1996-97 Budget contains monies for an
administrative/management position to be determined later by the newly hired City
Administrator. Jordan informed Council it was his opinion and the consensus of staff
that a City Planner would be the best use for these monies. Jordan substantiated his
comment noting currently the planning process involves the Director of Public Works,
the Director of Building and Zoning, the City Engineer, the City Clerk and the City
Administrator. He stated the need for one individual to be responsible for
coordinating,tracking and reviewing all proposed developments from beginning to end,
as well as to be the liaison among the departments, the Council and the developers
and the Zoning Board of Appeals and Plan Commission. Jordan also noted the hiring
of a Planner would allow some additional internal reorganization with regard to the
current Deputy Clerk's January, 1997 retirement. Some discussion ensued. At the
request of Alderman Lawson, Council postponed the discussion of the hiring of a City
Planner to the August 7, 1996 regular Council Meeting. City Administrator Jordan
was directed to provide the Job Description and the organizational flow chart depicting
the Planner's position in relation to all current City staff positions. Alderman Locke
suggested Council consider discussing boundary plans before hiring a planner in order
to facilitate planning direction.
July 31 , 1996 Page 3
USE VARIANCE FOR OPEN SALES LOT - WORKMAN ACE HARDWARE, 4520
CRYSTAL LAKE ROAD
Petitioners Steven and Craig Bjorkman and their attorney John Roth were in
attendance. Attorney Roth stated the Bjorkmans own and operate a 30,000 square
foot commercial building housing an Ace Hardware operation at 4520 Crystal Lake
Road. The subject property is currently zoned C-3, Community Commercial Zoning
District, and the petitioners are seeking a use variance to allow the operation of an
open sales lot on the subject premises. The petitioners require the use variance as
current City ordinance restricts the operation of open lot sales to a 90-day temporary
use permit. Roth stated the petitioners are requesting the operation of an open sales
lot from March 1 through October 31 annually. It was noted that last year the
petitioners sought and were granted an extension of 90 days for the temporary use
permit. The Zoning Board of Appeals unanimously recommended granting the use
variance for outdoor garden and landscape supply sales, subject to the following
conditions:
(1) The period of operation would be effective March 1 through and
including October 31 of each year;
(2) Sales are to take place only during the normal hours of operation at the
principle business' location at 4520 Crystal Lake Road;
(3) The location of the outdoor sales is to be limited and restricted to the
area defined on the site plan; and,
(4) Sales shall be conducted in a clean and safe manner, with all materials
and products kept within the area defined in the site plan.
Mayor Cuda noted it was the recommendation of the Director of Building and
Zoning to limit the variance to the petitioners and their family. After some discussion,
it was the consensus of Council to accept Director of Building and Zoning Lobaito's
recommendation and include a fifth condition limiting the use variance to the Bjorkman
family.
Motion by Lawson, seconded by Baird, to accept the recommendation of the
Zoning Board of Appeals and pass an ordinance granting a use variance permitting
outdoor sales of garden and landscape supplies at 4520 Crystal Lake Road, known as
Ace Hardware, subject to the following conditions:
(1) The period of operation would be effective March 1 through and
including October 31 of each year;
(2) Sales are to take place only during the normal hours of operation at the
principle business' location at 4520 Crystal Lake Road;
(3) The location of the outdoor sales is to be limited and restricted to the
area defined on the site plan; and,
(4) Sales shall be conducted in a clean and safe manner, with all materials
and products kept within the area defined in the site plan.
(5) The use variance itself shall be limited to the Bjorkman family.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
ORDINANCE GRANTING ADDITIONAL CONDITIONAL USE, 809 N. FRONT STREET-
FISH OF McHENRY
Barbara Pierce, Director of FISH (Friends in Service Here) and Judith Moore,
McHenry Public Library Board President, were in attendance. Ms. Pierce addressed
Council noting the service organization commonly known as F.I.S.H. is seeking an
additional conditional use permit to operate a food pantry in the rear portion of the
McHenry Public Library located at 809 N. Front Street. The subject property is
currently zoned C-5 Highway Commercial Zoning and has been granted a conditional
use permit to allow the library in a commercial zoning district. It was also noted that
in March, 1995 the City approved an ordinance allowing City equipment to be stored
in the accessory storage on-site. The Zoning Board of Appeals unanimously
recommended granting the additional conditional use permit to operate a philanthropic
organization in a commercially zoned district.
July 31 , 1996 Page 4
It was noted at the Zoning Board of Appeals public hearing that the food pantry
is staffed by volunteers approximately 20 hours per week with regular hours on
Tuesday and Thursday mornings. F.I.S.H. operates during the daytime hours only.
Motion by Baird, seconded by Lawson, to accept the unanimous
recommendation of the Zoning Board of Appeals and pass an ordinance granting an
additional conditional use permit to operate a philanthropic organization known as
FISH in a commercially zoned district at 809 N. Front Street owned by the McHenry
Public Library District. _
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FROM RIVERSIDE BAKE SHOP, 1309, 1311, AND 1313 RIVERSIDE DRIVE
Property owner Bernie Rice was in attendance. Mr. Rice addressed Council
requesting Council approval for the installation of a mansard roof at his building
located at 1309 through 1313 Riverside Drive. He explained that although the roofing
meets the 8-foot minimum clearance per ordinance requirement, approximately 2.5
feet would encroach into the public right-of-way. It was noted that Council approved
a similar request for the Olde World Coin building located at the corner of Elm Street
and Riverside Drive, approximately 3 years ago. In response to Council inquiry, Mr.
Rice stated that representatives of the Riverside Drive Merchants Association had
reviewed and approved his facade improvements in conjunction with the downtown
revitalization efforts. Director of Public Works Batt also substantiated Mr. Rice's
statement and noted his improvement would in no way impede revitalization work.
Motion by Lawson, seconded by Bolger, to approve Mr. Bernie Rice's request
to install a mansard roof on his building located at 1309 through 1313 Riverside Drive,
subject to a minimum 8-foot clearance requirement and the waiver of encroachment
into the public right-of-way not to exceed 3 feet.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
LIQUOR LICENSE APPLICATION AND AMENDMENT TO LIQUOR LICENSE
ORDINANCE
Mayor Cuda informed Council that at the petitioner's request, and due to a
discrepancy in the liquor license application, this agenda item has been postponed.
REQUEST FROM McHENRY AREA CHAMBER OF COMMERCE - ANNUAL COUNTRY
MEADOWS CRAFT SHOW
Mayor Cuda informed Council that the McHenry Area Chamber of Commerce
is requesting the waiving of all fees associated with four 4X4 apple signs for the
Chamber's annual Country Meadows Craft Show at Petersen Park on September 15,
1996. Cuda reported Council had previously approved the waiving of all signage fees
and deposits for this annual event.
Motion by Baird, seconded by Bolger, to waive all sign deposit fees associated
with the McHenry Area Chamber of Commerce Fourth Annual Country Meadows Craft
Show to be held on September 15, 1996.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
July 31 , 1996 Page 5
1996-97 ANNUAL MCMRMA PREMIUM PAYMENT
City Administrator Jordan stated the City of McHenry has been a member of the
McHenry County Municipal Risk Management Agency (MCMRMA) since its inception
in 1988. MCMRMA provides self-funding and re-insurance for Workers'
Compensation, Property and General Liability and Public Officials Insurance Risk. Last
year's premium was $256,1 10 and was based on an 83.34% funding level. Although
the MCMRMA Board has expressed a willingness to fund at a 90% funding level for
the 1996-97 policy year, the Treasurer has invoiced each community at the original
funding level of 83.34%. At the current funding level, the City of McHenry's premium
is $249,048. The next MCMRMA Board meeting is scheduled for September 5, 1996,
at which time the Board may formally vote to increase the funding level to 90%, in
which case a supplementary billing will be made. City Administrator Jordan noted
$280,000 has been budgeted for the MCMRMA premium this fiscal year, with an
additional $75,000 budgeted for any supplemental billing which may arise. It was also
noted that at the last MCMRMA Board meeting, the board decided to distribute excess
premiums collected since MCMRMA's inception. The City of McHenry should receive
a refund in excess of $82,000.
Motion by Baird, seconded by Lawson, to approve the payment of $249,048
to the McHenry County Municipal Risk Management Agency for the 1996-97 self-
insurance premium.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
BROOKSIDE PARK DEVELOPMENT
Director of Parks and Recreation Merkel informed Council that bid specifications
were prepared by Smith Engineering and approved by the City Council for turf
development of the Brookside Park site. The project was first bid on June 24, 1996.
No bids were received. A second bid date was set for July 16, 1996. No bids were
submitted on the second bid date of July 16, 1996. Merkel concurred with Smith
Engineering's recommendation to rebid the project for construction in 1997. He
explained that in discussions with local contractors, wet weather conditions were
cited, causing significant delays with most current projects. Contractors stated their
disinterest in taking on additional projects with current uncompleted workloads. Some
discussion followed. Alderman Locke, noting the proximity of Brookside Park to
Lakeland Park, inquired whether any turf development proposed for the Brookside Park
area could assist the Lakeland Park area with their drainage problem. Director of
Public Works Batt responded the Brookside Park was downstream, however, he will
instruct City Engineers Baxter &Woodman to include Brookside Park in their Lakeland
Park engineering studies.
Mayor Cuda reported he had received complaints about the height of the grass
at Brookside Park. Director of Public Works Batt was instructed to mow back for 200
feet the Brookside Park perimeter. Alderman Lawson recommended the Brookside
Park development bids for work to be completed during the 1997 Spring season be
let in November, 1996 to ensure bid participation.
MAYOR - STATEMENT AND REPORTS
Mayor Cuda reported he, City Administrator Jordan, Alderman Bolger and
Director of Public Works Batt had met with St. Paul Church representatives and Ed
Carey of St. Paul Avenue regarding the extension of sanitary sewer to their properties.
A cost estimate just under $17,000 had been provided. Cuda suggested Council
consider a 21 .27% public benefit contribution which is the same public benefit
percentage contributed for the Country Club Estates sewer extension. The church will
incur all costs with the City reimbursing them for the public benefit portion. Mayor
Cuda requested Council's thoughts on allowing St. Paul Church to proceed with the
sanitary sewer extension project.
July 31 , 1996 Page 6
Some discussion followed regarding the public benefit percentage. Alderman
Locke inquired as to whether all the St. Paul Avenue residents had been contacted
regarding potential sanitary sewer service. Director of Public Works Batt was
instructed to poll the balance of St. Paul Avenue residents to determine interest in
obtaining sanitary sewer service. Council consensus was to place further discussion
of this project on the August 7, 1996 Regular City Council Meeting agenda. City
Administrator Jordan was directed to provide Council with the public benefit
percentages of all past special assessment projects over the past 15 years.
STAFF REPORTS
Director of Public Works Batt reported the Riverside Drive downtown
revitalization project was progressing. He noted the bid specifications and associated
documents were being prepared for the Lakeland Park drainage project. Director of
Public Works Batt also informed Council the McHenry County Health Department was
urging the sanitary sewer hook-up of St. Paul Avenue residents to City of McHenry
sanitary sewer service.
Director of Parks and Recreation Merkel informed Council that State of Illinois
grant staff had visited the City to review and inspect the City's Brookside Park
development grant.
City Administrator Jordan stated the enabling ordinance for sanitary sewer
expansion and wastewater treatment plant expansion will be on the Council's regularly
scheduled August 14, 1996 agenda.
Director Batt took this opportunity to inform Council that the City of McHenry
had received a compliance analysis at the South Wastewater Treatment Plant from the
Illinois Environmental Protection Agency informing the City that the South Wastewater
Treatment Plant may soon be placed on restrictive status. Sanitary sewer flow is
being re-routed to the Green Street lift station to alleviate the problem. It was noted
that diverting some of the sanitary sewer flow to the Central Wastewater Treatment
Plant was not feasible at this time. Further discussion ensued. It was the consensus
of Council to place further discussion on this issue on the regularly scheduled August
14, 1996 Council Meeting agenda. City Clerk Althoff informed Council that she had
been in contact with the Census Bureau and apparently the special census for the City
of McHenry will be initiated in late September.
NEW BUSINESS
Alderman Lawson, Chairman of the Finance Committee, scheduled a Finance
Committee meeting for Wednesday, August 7, 1996 at 6:30 P.M. in order to review
the 1995-96 Audit. In response to Alderman Lawson's inquiry, City Administrator
Jordan stated he will provide an agenda supplement on the status of police
negotiations at the August 7, 1996 regularly scheduled Council Meeting.
Alderman Baird questioned the status report of the proposed Main Street
reconstruction project. He recalled Council had requested cost estimates for work
from Green Street to Route 31 , as well as from Route 31 to Crystal Lake Avenue.
Batt reported that cost estimates of $150,0004175,000 were obtained for the Main
Street project from Green Street to Route 31 . Cost estimates for the Main Street
project from Route 31 west to Crystal Lake Avenue were not obtained due to
downtown revitalization concerns. Some discussion followed regarding which section
of Main Street should be reconstructed first. It was the consensus of Council to refer
further discussion on this project to the Public Works Committee.
Alderman Baird then requested a meeting with staff to review the concrete work
done by Colella Concrete in the Winding Creek area. Baird also complimented staff
on the City picnic held July 27, 1996 and voiced his support for the Applebees
restaurant.
Alderman Bates also expressed his support for the Applebees restaurant and
requested Mayor Cuda review the objectors' concerns. Mayor Cuda informed Council
at this time he had scheduled a meeting with the objectors for Monday, August 5,
1996 at 7:00 P.M. in the Municipal Center. All Aldermen were invited to attend.
July 31 , 1996 Page 7
Alderman Bates thanked staff for their quick response to his recent requests
made at the Council meeting last week. Staff also noted the McCullom Lake traffic
study, which was requested by Alderman Bates, will be done by Public Works staff
and will be presented at a Council meeting in the near future .
In response to Council inquiry, City Clerk Althoff updated Council on the Rotary
signs, indicating that the Rotary will be providing one sign this year and another sign
the following year due to financial constraints.
ADOURNMENT
Motion by Bates, seconded by Locke, to adjourn the meeting.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting adjourned at 9:00 P.M.
OR CIT CLERK