HomeMy WebLinkAboutMinutes - 06/05/1996 - City Council REGULAR MEETING
JUNE 5, 1996
The Regular meeting of the McHenry City Council was called to order by Mayor
Cuda on Wednesday, June 5, 1996 at 7:30 P.M. in the Council Chambers of the
Municipal Center. At roll call the following Aldermen were present: Bolger, Locke,
Lawson, Baird. Bates arrived at 7:35 P.M. Absent: None. City Staff in attendance
was: City Clerk Althoff, City Administrator Jordan, City Attorney McArdle, Director
of Public Works Batt, Director of Building and Zoning Lobaito, Chief of Police Joyce.
Director of Parks and Recreation Merkel arrived at 7:55 P.M. Absent: None.
TEN MINUTE PUBLIC INPUT SESSION
-- Anton Rebel, of 4009 Maple Avenue, addressed Council expressing concerns
regarding new development and ensuring the City maintains responsibility for any and
all subsequent development problems.
Alderman Bates arrived at 7:35 P.M.
Peter Konopka, a McHenry County general contractor from Union, Illinois,
requested Council consider his annexation proposal of 40 acres of property along Bull
Valley Road, as well as his development plans for townhomes on 20 acres of the
property. Mayor Cuda stated that responses are generally not forthcoming during the
Ten Minute Public Input Session. He also noted current Council policy is to not
comment on any development plans before the appropriate advisory boards have
reviewed them.
Century-21 Real Estate broker and Economic Development Commission member
Dave Gelwicks, of 3817 Waukegan Road, requested Council discuss this project
further under "New Business". He explained that the developer, Mr. Konopka, would
like some direction from Council before investing a considerable amount of money to
develop the property. He restated Mr. Konopka's intent to annex 40 acres of property
along Bull Valley Road, developing 20 acres as townhomes and the balance as
commercial. Council directed Mr. Konopka to proceed with his project in accordance
•— with the City's prescribed annexation process.
THOMAS J. RUPP RESUBDIVISION
Property owner Hank Fleming was in attendance. He addressed Council stating
that all the property owners have agreed to abide by the mandates of the City of
McHenry's Subdivision Control Ordinance and respectfully requested Council approval
of the Thomas J. Rupp Resubdivision. Director of Public Works Batt noted that the
Thomas J. Rupp resubdivision preliminary plat was in compliance with the City's
Subdivision Control Ordinance and should be approved. All offers by the petitioners
for a fair share contribution for the installation of a traffic signal at the intersection of
Route 31 and Shamrock Lane have been withdrawn.
Director of Public Works Batt stated that the contribution withdrawal is within
the rights of the petitioners, as the Subdivision Control Ordinance does not require the
installation of traffic signals. Only during annexation negotiations can these type of
contributions be required.
Motion by Baird, seconded by Lawson, to approve the Thomas J. Rupp Re-
Subdivision Preliminary Plat, a resubdivision of Lot 2 of J.B. & Clara Subdivision.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
BOONE CREEK SUBDIVISION, UNIT 1 - FINAL PLAT
Developers Roger Gerstad and David Backhaus were in attendance.
Roger Gerstad addressed Council noting the Plan Commission's unanimous approval
of the Boone Creek Final Plat. He respectfully requested Council also approve the
Final Plat. A lengthy discussion followed regarding the bridge construction across
Boone Creek. Director of Public Works Batt noted the annexation agreement allowed
only for the approval of Phase I prior to the construction of the bridge.
JUNE 5, 1996 Page 2
Alderman Locke stated his concerns, as all the permits required for the bridge
and subdivision construction have not been obtained by the developers.
Mayor Cuda noted the Final Plat meets all the Subdivision Control Ordinance
criteria and this Council, as well as past Councils, have approved numerous other plats
knowing not all the required permits had been obtained. Construction, of course, will
not be permitted unless all the required permits are in place.
Mayor Cuda also stated he had reviewed all the public hearing transcripts
relating to the annexation and proposed development of this property. Council then
addressed the same concerns and agreed not to tie development west of Boone Creek
to the construction of the Boone Creek bridge.
Motion by Lawson, seconded by Bolger, to approve the Final Plat of Boone
Creek, Unit 1 subject to the Plan Commission's recommendation that all ancillary
parking for multi-family be contained on-site, with staff review.
Some further discussion occurred. Wayne LaRock, of 5013 W. Sandburg Drive,
speaking on behalf of the McHenry Concerned Citizens' Group, addressed Council.
He stated the permitting process was not complete, and therefore, this plat cannot,
should not be approved. Mr. LaRock explained that the Army Corps of Engineers has
tied the development of this project to the construction of the bridge, as the Corps is
requiring water and sewer mains to be constructed in the bridge. Mr. LaRock stated
if the bridge permits are not obtained, this development would not be able to obtain
water and sewer services. He respectfully requested Council table further discussion
on this project until all the required permits were obtained.
Motion by Locke, to table final plat approval for Unit 1 of the Boone Creek
Subdivision.
Motion died for lack of a second.
Motion by Baird, to call the vote.
Motion died for lack of a second.
Mayor Cuda restated Alderman Lawson's original motion, seconded by
Alderman Bolger, to approve the Final Plat of Boone Creek, Unit 1 subject to the Plan
Commission's recommendation that all ancillary parking for multi-family be contained
on-site, with staff review.
Voting Aye: Bolger, Bates, Lawson, Baird.
Voting Nay: Locke.
Absent: None.
Motion carried.
COUNTY ZONING PETITION 96-22, MINI-WAREHOUSE
Petitioner, John Fuhler, and property owner Allan Miller were in attendance.
Mayor Cuda reminded Council that at the May 1 , 1996 Council meeting,
Director of Building and Zoning Lobaito was directed to draft a resolution formally
objecting to the proposed amendment and conditional use permits on Petition #96-22,
filed with the McHenry County Zoning Board of Appeals. Petition #96-22 requests
rezoning from Agricultural to Commercial and a Conditional Use Permit for outdoor
commercial storage and caretaker living quarters for a mini-warehouse operation. The
subject property is located on the north side of Elm Street, west of Ringwood Road.
Director of Building and Zoning Lobaito stated the proposed rezoning of this property
to B-3 General Business is inconsistent with the City's Comprehensive Plan. The
City's developmental plan designates this area as either Rural Residential or Urban
Residential.
JUNE 5, 1996 Page 3
Some discussion followed regarding additional berming on the north property
line to screen the mini-warehouse operation from the residential area to the north.
Petitioner, John Fuhler, informed Council the Illinois Department of
Transportation approved of the project, noting the less intense use requiring access
to Route 120. Adjacent property owner Robert Zalesny, of 1914 N. Dot Street,
addressed Council stating his objection to the proposed rezoning and conditional use
of the property. He requested Council pass the resolution formally objecting to the
proposed amendment and Conditional Use Permits. He recommended the zoning be
designated as either Rural Residential or Urban Residential in keeping with the City's
Comprehensive Plan. Mr. Zalesny also requested the minutes reflect his request for
a traffic study. Further discussion followed regarding additional berming, blacktopping
of the entire area, lighting, prohibiting outside storage and language limiting the B-3
zoning to mini-warehouse use only.
Motion by Lawson, seconded by Baird, to table to the June 26, 1996 regularly
scheduled Council meeting consideration of the resolution formally objecting the
McHenry County Zoning Board of Appeals' Petition #96-22 requesting rezoning from
Agricultural to Commercial, and a Conditional Use Permit for outdoor commercial
storage and caretaker living quarters of a mini-warehouse operation on the north side
of Elm Street, west of Ringwood Road outside of City limits, in order for the petitioner
and City of McHenry staff to work out an acceptable compromise, including the
following conditions:
(1) Additional berming along the north property line;
(2) Blacktopping the entire area;
(3) Installation of low-intensity or motion-activated lighting;
(4) Prohibition of outside storage of any kind, and;
(5) Language limiting the County's B-3 General Business Zoning to mini-
warehouse use only.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Mayor Cuda called for a recess at 8:50 P.M. The meeting reconvened with
everyone still in attendance at 9:00 P.M.
F.I.S.H OF MCHENRY. INC - REQUEST FOR WAIVER OF ZBA FEES
Ellen Crosby, a FISH (Friends in Service Here) representative, addressed Council
requesting a waiver of fees for an Additional Conditional Use at the McHenry Library
building, located at 809 N. Front Street, in the amount of $710.00. Ms. Crosby
explained that the local not-for-profit food pantry service had outgrown it's current
space on Crystal Lake Avenue.
Motion by Baird, seconded by Bolger, to approve the request of Friends in
Service Here, Inc. (FISH) of McHenry, and waive the Zoning Board fees in the amount
of $710.00 in connection with their zoning request for an additional conditional use
for Library District property at 809 N. Front Street.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
REQUEST FROM MEDELA, INC FOR ON-STREET PARKING ON PRIME PARKWAY
City Clerk Althoff explained that Medela, Inc. has requested Council permission
for on-street parking at their McHenry Corporate Center location, 4610 Prime
Parkway, to facilitate the expansion of their existing parking lot. Construction is
tentatively scheduled to begin in June and last approximately 4 weeks. On-street
parking would be during the daytime hours only and apply to a limited number of
vehicles.
JUNE 5, 1996 Page 4
City of McHenry Zoning Ordinance, Article VI, Section C3(a) prohibits parking
on any street or at any other place other than on paved parking spaces to be
constructed on each lot. In addition, McHenry Corporate Center covenants restrict on-
street parking unless approval is obtained in writing from other McHenry Corporate
Center property owners owning 60% or more of the property not owned by the
developer. Some discussion followed. Council instructed Director of Building and
Zoning Lobaito to obtain additional information regarding the number of cars involved,
the specific on-street location for parking and attempt to achieve an acceptable
solution. Final resolution should be brought back to Council.
BROOKSIDE PARK IMPROVEMENTS
Director of Parks and Recreation Merkel reported the initial development of
Brookside Park, including plowing, discing, final grading and seeding is budgeted at
$75,000 in the 1996-97 Budget. Smith Engineering Consultants, Inc., in conjunction
with the original Brookside Park grant application, prepared specifications and cost
estimates for the development of the park. The specifications for Phase I have been
updated and revised. Smith Engineering Consultants, Inc. have prepared the bid
documents, with bid opening scheduled for June 24, 1996 at 11 :00 A.M. Smith
Engineering Consultants, Inc. has estimated the cost for this project at $74,691 .25.
Director of Parks and Recreation Merkel requested Council authorization to proceed
with the bid advertisement for the project.
Motion by Lawson, seconded by Bolger, to authorize staff to proceed with the
bid advertisement for Phase I of the Brookside Park development.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
MAYOR - STATEMENT AND REPORTS
Mayor Cuda, referencing his memo, requested Council authorization to execute
the City Administrator contract, as presented. He noted the contract encompasses
all the agreed-to provisions cited in his March 6, 1996 memo. Additional language
was incorporated providing for the payment of professional dues and subscriptions,
as well as attendance at National, State and local municipal conferences.
Motion by Bolger, seconded by Baird, to authorize the Mayor to execute the
City Administrator's contract with Dennis Jordan, as presented.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
Mayor Cuda also requested Council clarification regarding the presentation of
concept plans at the Council level. Council unanimously confirmed there are to be no
concept plans presented at the Council level before going to the advisory boards for
review.
COMMITTEE REPORTS
r
There were no Committee Reports.
JUNE 5, 1996 Page 5
STAFF REPORTS
Director of Public Works Batt informed Council that Public Works employees
have spent numerous hours in Lakeland Park addressing the residents' concerns
regarding stormwater drainage problems. He also reported he had distributed copies
of Ms. D'onofrio's memo to City Administrator Jordan expressing her concerns on the
sewer backup problems she is encountering on her property at 3102 Judy Lane, along
with his response to all the Aldermen.
Director of Parks and Recreation Merkel reported the May 20, 1996 Parks and
Recreation Committee Meeting minutes were included in the agenda packets for
Council review. He noted the minutes reflected the Committee's recommendation to
resubmit the Brookside Park grant application. A resolution for resubmission of the
grant application is required, and will be presented to Council at the June 26, 1996
regular Council meeting.
City Administrator Jordan noted he will be providing an outline for the June 12,
1996 Council workshop meeting. He also requested Council reschedule the Monday,
June 10, 1996 meeting to Wednesday, June 12, 1996.
Motion by Baird, seconded by Bates, to reschedule the regular Council meeting
from Monday, June 10, 1996 to Wednesday, June 12, 1996.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
City Clerk Althoff, referencing her memo, presented a request from Pioneer
Center for a reduction in their vehicle sticker fees from $40.50 per vehicle for 9 mini-
buses and 11 residence vans to the school bus rate of $15.00 per vehicle. Some
discussion followed regarding similar requests and setting a precedent.
�-- Motion by Baird, seconded by Bolger, to approve Pioneer Center's request for
a reduction in their vehicle sticker fees from $40.50 per vehicle for 9 mini-buses and
11 resident vans to the school bus rate of $15.00 per vehicle for the 1996-97 Fiscal
Year.
Voting Aye: Bolger, Locke, Lawson, Baird.
Voting Nay: Bates.
Absent: None.
Motion carried.
The fees for all other vehicles will remain the same.
Alderman Locke requested that requests of this nature be made agenda items
in the future.
NEW BUSINESS
Alderman Locke suggested staff review the possibility of accessing the Internet
and creating a Web Page for City of McHenry Zoning Ordinances.
ADJOURNMENT
Motion by Bates, seconded by Lawson, to adjourn.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
The meeting adjourned at 9:25 P.M.
MAYOR CITY CLEkK